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10-20-01-Ordinance-Amending the Employee Manual-10/15/2001CITY OF SANGER, TEXAS ORDINANCE No. #10-20-01 AN ORDINANCE OF THE CITY OF SANGER, DENTON COUNTY, TEXAS, AMENDING CHAPTER$, ARTICLE 8.200 OF THE CITY OF SANGER CODE OF ORDINANCES; AND PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: SECTION I k THAT CHAPTER 8, ARTICLE 8.200 OF THE CITY OF SANGER CODE OF ORDINANCES IS HEREBY AMENDED TO READ AS "EXHIBIT All ATTACHED HERETO. SECTION H All Ordinances or parts of Ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. SECTION III It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION IV This Ordinance will take effect immediately from and after its passage and the publication of the caption as the law in such cases provides. PASSED AND APPROVED this 15th day of October, 2001, by the City Council of the City of Sanger, Texas. �iltli4iti1IIfIItB11AP OVED I y 'ncaid, Mayor P tl AT T: Rosalie Chavez, City Secr ary 201 BOLIVAR STREET P.O. BOX 1729 City of Sanger Someplace Special Employee Manual SANGER, TEXAS 76266 I 940-458-7930 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 company. This Employee Manual may provide answers to most of the questions you may have about Sanger's benefit programs, as well as company policies and procedures. You are responsible for reading and understanding this Employee 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 Employee 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 Employee 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 Employee 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 monetar,y 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 Council of Sanger may alter or modify any of the policies in this Employee Manual. Any alteration or modification of the policies in this Employee Manual must be in writing. - 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 Heads or Municipal Officers after notification to the Council. (B) No individual City Council Member shall direct the appointment of any person to, or his removal from office, 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 Employee Manual be found to be unenforceable and invalid, such finding does not invalidate the entire Employee Manual, but only that particular provision. This Employee Manual replaces (supersedes) any and all other or previous Sanger Employee Manuals, or other Sanger policies whether written or oral. 3 Receipt and Acknowledgment of The City of Sanger Employee Manual Please read the following statements, sign below and return to your supervisor. Understanding and Acknowledging Receipt of the City of Sanger Employee Manual I have received and read a copy of The City of Sanger Employee Manual. I understand that the policies and benefits described in it are subject to change at the sole discretion of The City of Sanger at any time. At -Will Employment I further understand that my employment is At Will, and neither the City of Sanger nor myself has entered into a contract regarding the duration of my employment. I am free to terminate my employment with The City of Sanger at any time, with or without reason. Likewise, The City of Sanger has the right to terminate my 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 the written approval from the City Manager, Confidential Information I am aware that during the course of my employment confidential private citizen information and other related information will be made available to me. I understand that this information is proprietary and critical to the success of The City of Sanger and must not be given out or used outside of The City of Sanger premises or with non Sanger employees. In the event of termination of employment, whether voluntary or involuntary, I hereby agree not to utilize or exploit this information with any other individual or company. Employee's Printed Name Position Employee's Signature Date .19 .. .� ,. ,ti ..:. .?..L 11 �.�: .��.. .,-; .. _�_..._' a ..��� w�.o .i. h�� 1 t L)t�:. i p1s .._7i t�1 !. �'1 •..��:•� �I�.dS�r�i�tid.�� �1 Contents An Overview of the City of Sanger ........................................ .......................................2 Welcome to the City of Sanger.....................................................................................2 What You Can Expect From the City of Sanger.........................................................9 What the City of Sanger Expects From You.............................................................10 OpenCommunication Policy.....................................................................................10 Suggestions................................................................................................................11 EthicalStandards.......................................................................................................12 EmployeeConduct.............................................................................................................12 r I. Employment Policies..........................................................................................13 1.1 At -Will Employment and Agreement With Arbitration Policy..............................13 1.2 Confidential Information.........................................................................................14 1.3 Customer Relations.................................................................................................15 1.4 Nepotism ................... ..............................................................................................15 1.5 Equal Employment Opportunity.............................................................................15 1.6 Harassment Policy...................................................................................................16 WhatIs Harassment................................................................................................16 Responsibility.........................................................................................................16 Reporting................................................................................................................17 Policy Statement on Sexual Harassment................................................................17 1.7 How You Were Selected..................................................................................................18 Employee Background Check.................................................................................18 CreditInvestigation.................................................................................................18 CriminalRecords....................................................................................................19 Driver's License and Driving Record.......................................................................19 HealthExaminations...............................................................................................19 1. 8 Standards of Conduct.....................................................................................................19 Unacceptable Activities..........................................................................................19 DisciplinaryActions................................................................................................22 CrisisSuspension.........................................................................................................24 1.9 Introductory Period........................................................................................................24 1,10 Anniversary Date...........................................................................................................25 1.11 Immigration Law Compliance......................................................................................25 1.12 New Employee Orientation...........................................................................................25 1.13 Work Schedule......................................................................................................26 BusinessHours.......................................................................................................26 Attendance....................................................................................................... 26 Absence or Lateness.......................................................................................26 5 r ,.!-, .5., 5� i .. !:) i� i � ,+3 ,hi7 3��r/$� �+,, ��' R4'P ��a,n�-sb r����� >�� � {'��, ���"� n� .�'✓'�a � '� � dl�,. Mealand Break Periods....................................................................... .27 Severe Weather and Emergency Conditions..................................................27 1.14 Employment Classifications.................................................................................28 Full -Time Employees......................................................................................28 Part -Time Employees......................................................................................28 RegularEmployees.........................................................................................28 TemporaryEmployees.........................................................................................28 Non -Exempt and Exempt Employees.............................................................29 1.15 Personnel Records and Administration................................................................30 YourPersonnel File........................................................................................30 YourMedical Records File.............................................................................31 II. Compensation...................................................................................................31 r 2.1 Wage and Salary Policies.......................................................................................31 Compensation Philosophy...............................................................................31 Basis for Determining Pay..............................................................................31 PayPeriod and Hours.....................................................................................31 PayCycle........................................................................................................31 PaycheckDistribution....................................................................................32 Mandatory Deductions From Paycheck.........................................................32 Errorin Pay.....................................................................................................32 OvertimePay...................................................................................................32 Work Performed on Company Holidays ............................. :.......................... 33 CompensatoryTime Off..................................................................................33 TimeRecords..................................................................................................33 WageGarnishments........................................................................................33 2.2 Performance and Compensation Reviews.............................................................33 PerformanceReviews......................................................................................33 CompensationReviews..................................................................................34 III. Benefits...........................................................................................................34 3.1 Eligibility for Benefits............................................................................................35 3.2 Insurance Coverage.................................................................................................35 GroupInsurance...................................................................................................35 (Health /Dental/ Vision) Insurance....................................................................36 3.3 Government Required Coverage..............................................................................36 Workers' Compensation.......................................................................................36 Unemployment Compensation .................................. .. .............36 Social Security................................................................................ 37 n 3.4 Retirement Plan......................................................................................................37 3.5 Other Benefits .....................'. Credit Union Membership...................................................................................37 IV. Leaves..............................................................................................................................37 4.1 Paid Leaves...............................................................................................................37 Holidays...............................................................................................................37 Vacations............................................................................................................. 38 SickLeave...........................................................................................................40 PersonalLeave....................................................................................................41 OtherPaid Leaves...............................................................................................41 4.2 Unpaid Leaves........................................................................................................42 Family / Medical Leave ofAbsence......t........................ :..................................... 42 Disability (Including Pregnancy) Leave of Absence.........................................45 4.3 Accepting Other Employment or Going Into Business While on Leave of Absence.......................................................45 V. Safety.................................................................................................................................46 5.1 General Employee Safety.........................................................................................46 5.2 Reporting Safety Issues..........................................................................................46 5.3 Safety Rules............................................................................................................46 WorkingSafely....................................................................................................47 Lifting.................................................................................................................47 MaterialsHandling.............................................................................................47 TrashDisposal.....................................................................................................47 CleaningUp........................................................................................................47 PreventingFalls..................................................................................................47 HandlingTools...................................................................................................47 FallingObjects......................................................................................................47 WorkAreas .......................................................................................................... 47 UsingLadders.....................................................................................................48 MachineGuards..................................................................................................48 Personal Protective Equipment...........................................................................48 ElectricalHazards...............................................................................................48 FireExtinguishers................................................................................................48 ReportInj uries.....................................................................................................48 AskQuestions......................................................................................................48 5.4 Weapons...................................................................................................................49 5.5 Fire Prevention........................................................................................................49 VA InCase of Fire.....................................................................................................49 5.6 Emergency Evacuation.....:'.....................................................................................49 5.7 Housekeeping.........................................................................................................50 5.8 Office Safety .............................. :............................................................................ 50 5.9 Property and Equipment Care................................................................................51 5.10 Restricted Areas...................................................................................................51 5.11 Safety Rules When Operating Machines and Equipment...................................51 5.12 Security..................................................................................................................51 5,13 Smoking.................................................................................................................52 VI. Separation ofEmploymenk..............................................................................................52 6.1 Termination.............................................................................................................52 6.2 Insurance Conversion Privileges.............r.............................................................52 6.3 Exit Interviews........................................................................................................53 6.4 Return of City of Sanger Property.........................................................................53 6.5 Former Employees.................................................................................................53 6.6 Post -Employment Inquiries.................................................................................... 53 VII. Workplace Policies......................................................................................................53 7.1 Communications.....................................................................................................54 7.2 The City of Sanger Department Meetings............................................................54 7.3 Computer Software (Unauthorized Copying)..........................................................54 7.4 Computers, Electronic Mail, and Voice Mail Usage Policy..................................55 7.5 Dress Code and Personal Appearance.....................................................................56 7.6 Drug -Free Workplace Policy.................................................................................57 Testing....................................................................................................................57 Definitions............................................................................................................. 58 Whereto Get Help..............................................................................................58 7.7 Expense Reimbursement.........................................................................................59 7.8 Personal Use of Company Property........................................................................59 7.9 Relatives..................................................................................................................59 7.10 Solicitations and Distributions...............................................................................60 7.11 Use of City of Sanger Vehicle..............................................................................60 7.12 Violence in the Workplace Policy........................................................................60 7.13 Complaint/Appeal Procedures......................................................................................61 8 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: 1. 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 success of our business. r 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, after talking with their manager, an opportunity to discuss any issue or problem with officers of the City of Sanger. 8. Take prompt and fair action of 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 company's overall goals and objectives. 15. Promote an atmosphere in keeping with the City of Sanger's vision, mission, and goals. 0 ,.. . .. ...4f(',`, . ii,.:.�' � i �'.`..?\.' ...,...�.+: 1.,.�4.,. .. , t��. v _;.��. ±:;:;i". fit- �.;. .. .., ;:. ,..,:•t 'Ws3xS s.41 .�?��5% 1i�1 f:+ 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. 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 ofyour 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. r 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 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 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 overall, and personal satisfaction for you. Open Communications Policy The City of Sanger encourages you to discuss any issue 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. Any information discussed in an Open Communication meeting is considered confidential. 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 gossip. It is more constructive for an employee to consult his/her supervisor immediately with any questions. 10 p.t r hn ?, a n Suggestions We encourage all employees to bring forward their suggestions and good ideas about how our City can be made a better place to work, and our services to the citizens more 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 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 insure that you get the maximum recognition for your contribution. r 11 �.; 9T, 1Y.}L4y 1.- Ethical Standards Put loyalty to the highest moral principals and to the City above loyalty to persons, City department, division, section or work unit. 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 constructed 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. 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 of Sanger Office. 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 6 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 Council. 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 absence on the date specified by the City of Sanger, or 3. Fail to report to work or call in for three (3) or more consecutive workdays. Grievance Procedure It is the policy of the City of Sanger to hear all employee grievances and resolve the questions as promptly and effectively as possible. As a means of assisting employees of the City in the proper handling of grievances, a procedure is established herein. All grievances shall be settled solely through these procedures. Every effort will be made to settle a disagreement at the lowest supervisory level; however, an employee may appeal from one step to another provided the appeal is made within the prescribed time limits. Failure to follow the procedural requirements will result in denial of further case considerations. Step 1 - Immediate Supervisor If an employee alleges a grievance, he must first attempt to effect a settlement of the matter with his immediate supervisor through a prompt and thorough discussion. If this joint effort fails to resolve the problem; the employee may appeal by filing a written statement outlining the nature of the grievance within two (2) working days following the discussion of the parties involved. 13 Step 2 - Department Head, If the grievance is not satisfactorily settled at Step 1, the employee may appeal to the department head by filing a written complaint which includes a notation of the action or decision rendered by the employee's supervisor. The department head will make a decision and forward a copy of the grievance and decision to be placed in the employee's personnel file. The employee may accept or appeal the decision of the department head. Step 3 - City Manager If the grievance is not satisfactorily settled at Step 2, the employee may request, in writing, that his case be reviewed by the City Manager such request to be made within three (3) working days following notice of decision of the department head. The City Manager shall render a decision within ten (10) working days from the date of the appeal. Step 4 - City Council In case of dissatisfaction with the decision of the City Manager, the employee may make a final appeal to the City Council within thirty (30) days following notice of decision of the City Manager. Such appeal must be by written petition specifically stating the items of complaint and the petition to be directed to the City Council through the City Manager's Office in sufficient time prior to the Council meeting in order to have the hearing placed on the agenda. The employee has the right to ask that such appeal be heard in executive session. The decision of the City Council, in all cases, shall be final. 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 customer and suppliers. If someone questions you outside the company 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. 14 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, customers, suppliers and the general public. Our customers' impression of the City of Sanger and their interest and willingness to purchase from us 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 products and services. Below are several things you can do to help give customers a good impression of the City of Sanger. These are the building blocks for our continued success. Act competently and deal with customers in a courteous and respectful manner. r 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. This restriction also includes the City Manager and his immediate staff. (B) If relatives and members of an immediate family shall be employed, they shall not serve in the same department unless specific approval has been obtained from the City Manager. 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. 15 1�sr 4�L,k`�xys,.�."�.:.,.w'.,rti,�i..,+hi�'i .. r .. ^,.,.J—S.h.�'.i.0 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 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. 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 Sanger employees, and particularly supervisors, have a responsibility for keeping our work environment free of harassment. Any employee who becomes aware of an incident of harassment, whether by witnessing the incident or being told of it, must report it to their immediate supervisor or to the designated management representative with whom they feel comfortable. When IU 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 sever 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 What 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 their 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 can not 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 17 �,� � t�i ;p � '�, i., .��,�t �a f ui .+�_� <Y �.°�i�°��..t �..��.1,.. ::. ^ t,.,�,�.,a.. �ff t.._.�in� �.1�.1��,.....,_lu. 1�t.,�...._..�i.t�L.,�:��.L..,�...�\..5�•:�gis16�,aL�. �� ��gg `�� ]'�'�.i 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. All applications for employment will be retained for not more than six (6) months prior to being destroyed. 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 statue 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 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 18 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 those applicants for positions that may involve close, unsupervised contact with the public. When appropriate, the criminal record is checked to protect the City of Sanger's interest and that of it's employees and citizens. Driver's License and Driving Record Employees whose work requires operation of a motor vehicle must present and maintain a valid driver's license and a driving record to the City of Sanger from time to time. 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. 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. 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 an 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. 19 Violation of any company rule; any action that is detrimental to the City of Sanger's efforts to operate profitably. 2. Violation of security or safety rules of failure to observe safety rules of the City of Sanger 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 while on company premises, except medications prescribed by a physician which do not impair work performance. 5. Unauthorized possession of dangerous or illegal firearms, weapons or explosives on company property or while on duty. r 6. Engaging in criminal conduct or acts of violence, or making threats of violence toward anyone on company premises or when representing the City of Sanger; fighting, or provoking a fight on company property, or negligent damage of property. 7. Insubordination or refusing to obey instructions properly issued by your manager 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 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. Violating the non -disclosure agreement; giving confidential or proprietary the City of Sanger information to competitors or other organizations or to unauthorized the City of Sanger employees; working for a competing business while a the City of Sanger employee; breach of confidentiality of personnel information. pill }r461 { n xa �.,�i.'A� 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 on company property. 15. Conducting a lottery or gambling on company 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. 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 company 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 company property without the permission of an officer of the City of Sanger. 24. Failure to report an absence or late arrival; excessive absence or lateness. 25. Filling your own order or invoicing or ringing up your own order. 26. Buying company merchandise for resale. 27. Obscene or abusive language toward any manager, employee or customer; indifference or rudeness towards a customer or fellow employee; any disorderly/antagonistic conduct on company premises. 28. Speeding or careless driving of company vehicles. 29. Failure to immediately report damage to, or an accident involving, City equipment. 21 i.. 31 •; ., �' ,.nl i,,,, :.'. ... � ,.�,u,Sx,r_�S tT, iv ...u.at_i_ . � u,Y ,i.�d.±_iwn,t a,�t 31. Failure to use your time -sheet; 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 regular employees who have completed the Introductory Period. This policy pertains to matters of conduct as well as the employee's competence. However, an employee who does not display satisfactory performance and accomplishment on the job may be dismissed, in certain cases, without resorting to the steps set forth in this policy. 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. niscinline Procedure Unacceptable behavior, which does not lead to immediate dismissal, may be dealt with in the following manner: 1. Oral Reminder 2. Written Warning Suspension 4. Termination To ensure that the City of Sanger business is conducted properly and efficiently, you must conform to certain standards of attendance, conduct, work performance and other work rules and regulations. When a problem in these areas does arise, your manager will coach and counsel you in mutually developing an effective solution. If, however, you fail to respond to coaching or counseling, or an incident occurs requiring formal discipline, the following procedures occur. Step One: Oral Reminder Your supervisor will 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. 22 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, which will remain in effect for three (3) months. Documentation ofthe incident will remain in the confidential department rile and will not be placed in your personnel record, unless another disciplinary event occurs. Step Two: Written Warning If your performance does not improve within the three (3) month period, or if the you are again in violation of the City of Sanger practices, rules or standards of conduct, your supervisor will 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 your agreement to change. A copy of the memo will be sent to your personnel file. The Written Warning will remain in effect for three (3) months. Step Three: Decision -Making Leave / Counseling Session If your performance does not improve within the three (3) month period following the Written Warning, or if you are again in violation of the City of Sanger practices, rules or standards of conduct, you will be placed on Decision -Making Leave. The Decision Making Leave is the third and final step of the City of Sanger's disciplinary process. Decision -Making Leave is a paid, three- (3) day disciplinary suspension. Employees on Decision - Making Leave will spend the following day away from work deciding whether to commit to correcting the immediate problem and to conform to all of the company's practices, rules and standards of conduct, or to quit and terminate their employment with the City of Sanger. If your decision following the Decision -Making Leave is to return to work and abide by the City of Sanger practices, rules and standards of conduct, your supervisor will write a letter to you explaining your commitment and the consequences of failing to meet this commitment. You will be required to sign the letter to acknowledge receipt. A copy will be place in your personnel file. 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 within the next three-(3) months, you will be terminated. If you are unwilling to make such a commitment, you may either resign or be terminated. Crisis Suspension 23 a 1 ,t>'�{, �� t 4a r \ll 'i If you commit any of the actions listed below, or any other action not specified but similarly serious, you will be suspended without pay pending an investigation of the situation. Following the investigation you may be terminated without any previous disciplinary action having been taken. 1. Failure to meet prescribed standards of work. 2. Theft of City Property 3. 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 duties. 9. Falsification of records. 10, Use of official position for personal advantage. 11. Use of City equipment or material for personal benefit. 12. Use and/or possession of intoxicants, drugs or narcotics while on duty. 13. Reporting for duty while under the influence of intoxicants. 14. Abuse or unnecessary rudeness to the public. The provision of this Disciplinary Policy is not a guarantee of its use. The City of Sanger reserves the right to terminate employment at any time, with or without reason. Additionally, the City of Sanger reserves the right to prosecute any employee for any of the above infractions. 1.09 Introductory Period Your first ninety (90) days of employment at the City of Sanger are considered an Introductory Period, and during that period you will be eligible for benefits described in this Employee Manual unless otherwise required by law. 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 24 I familiar with the City of Sanger's products and services. 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 of more than one (1) year is considered an introductory employee during their first ninety (90) days following rehire. 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 Employee Manual. 1.11 Immigration Law Compliance Al 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 Federal Form 1-9, Employment Eligibility Verification Form. 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 the City Manager for orientation to include the following: 1. Personnel Policies; 2, Retirement benefits; 3. Insurance benefits; 25 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 ask your colleagues any questions not answered during your orientation. All new employees shall complete the following prior to beginning their duties: 1. Immigration 1-9 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 Our regular operating hours are from 8:00 a.m, to 5:00 p.m. Monday through Friday. The normal workweek consists of five (5) days, each eight-(8) hours long, Monday through Friday. 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 workweek. 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 would like 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. 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 W 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 for three (3) consecutive days without notifying your supervisor or the personnel Manager will be considered a voluntary resignation. If you are absent because of an illness for three (3) or more successive days, your supervisor may request that you 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 questionable absences can be considered excessive, and may be cause for concern. In addition, excessive lateness or leaving early without letting your supervisor know will be considered a "lateness pattern" and may carry the same weight as an absence. 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. Note: Information on the types of leaves offered and their qualification criteria are included in the "Leaves" section of this Employee Manual. 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 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 In the event of severe weather conditions or other emergencies, the City Council or your supervisor may decide to close the City of Sanger for the remainder of the day. As such, your supervisor will notify you as soon as possible. No loss of pay will occur as a result of early dismissal for this reason. Likewise, if you report to work and find that the City of Sanger is unexpectedly closed due to an emergency, no loss of pay will occur. If your supervisor asks that you remain at work to complete assigned work duties after the City of Sanger has closed because of severe weather conditions or another emergency, you will be paid at double time for the remaining hours that you work beyond the announced closing time. MA 7.. 3 1 :ji 11 l i rlr �.! �,A1s Any employee who was on a previously approved leave day during a declared emergency, shall not be charged leave for the emergency period. 1.14 Employment Classifications At the time you are hired, you are classified as full-time, part-time or temporary. In addition, you are classified as either non-exempt or exempt. All other policies described in this Employee 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. If you are unsure of which job classification your position fits into, please ask your supervisor. 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 ledst (40) hours pdr week is considered a full- time employee. Unless otherwise specified, the benefits described in this Employee Manual apply only to full-time employees. If you were a full-time employee and were laid off, you will be considered a full-time employee upon return to work, provided that you were not laid off for longer than one (1) year. 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. 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 Employee Manual, except as granted on occasion, 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 may be either full- or part-time. Temporary Employees From time to time, the City of Sanger may hire employees for specific periods of time or for the completion of a specific project. 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 six (6) months in duration, unless specifically extended by a written agreement. Summer employees, interns and ,seasonal employees are 28 considered temporary employees. A temporary employee does not become a regular employee by virtue ofbeing employed longerthan the agreed upon specified period. Temporary employees are not eligible for benefits described in this Employee 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" (see the section titles "Non -Exempt and Exempt Employees) who work more than forty (40) hours during any workweek 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 j obs are entitled to overtime pay for hours worked in excess of eight (8) hours per day or forty (40) hours during any workweek. These employees are referred to as "non-exempt" in this Employee Manual. This means that they are not exempt from ( and therefore should receive) overtime pay. Note: See Wage and Salary Policies in the section of this Employee Manual titled "Compensation' for a full description of overtime payment policies. Exempt employees are manager, executives, profession staff, technical staff, officers, 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 eligible for overtime compensation as approved by the City Council and authorized by the City Manager. All compensatory time approved must be taken during the budget year in which it is accrued. 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 ofthe employment position that such individual holds or desires. The Department Supervisor 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 Department Supervisor 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 - U (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 on 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. 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 of the City of Sanger 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. 30 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 the City Secretary or his/her designee. 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, meet the needs of all current 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. 2.1 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 equitable. Compensation may vary with individual and company performance 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 their 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. 31 Changes will be made and announced in advance whenever the City of Sanger holidays or closing interfere with the normal pay schedule. Paycheck Distribution Paychecks will be given to the department supervisor 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. Among these are your federal state and local income taxes and your contribution to Social Security as required by law. These deductions will be itemized on your check stub. The amount of the deductions will depend on your earnings and on the information you finish 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 your supervisor 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. 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. Note: Please see "Wage Garnishments" later in this section for further information. 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, 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. 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. Kea Work Performed on Company Holidays Full-time "non-exempt", those employees who are eligible for overtime pay in accordance with the Fair Labor Standards Act, employees who work on a company holiday are considered to have worked overtime on that day and will be paid double time for hours worked, regardless of the number of hours worked during that same work week. Note: Please seethe Holiday Policy in the section titled "Paid Leaves" ofthis Employee Manual for further information. Compensatory Time Off The City of Sanger gives employees the option of receiving compensatory time off ("comp time") instead of overtime pay for overtime hours worked. Comp time instead of overtime pay will be allowed if the time off is taken in the same pay period the overtime is worked. All comp time off must be given at the rate of one and one-half (1 1/2) hours for each hour of overtime worked. 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. 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 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. Wage Garnishments We hope you will manage your financial affairs so that we will not be obligated to execute any court -ordered wage garnishments. However, when court -ordered deductions are to be taken from your paycheck, you will be notified. The City of Sanger acts in accordance with the Federal Consumer Credit Protection Act, which places restrictions on the total amount that may be garnished from your paycheck. Note: Please see the Mandatory Deductions From Paycheck Policy earlier in this section for further information. 2.2 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 -(I) time per year for each employee. New employees may be reviewed near the end of their Introductory Period. A review may also be conducted in the event of a promotion or change in duties and responsibilities. During a formal performance review your supervisor may cover the following areas: 33 The quality and quantity of your work. - 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. r 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 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 due to individual and/or company performance. An individuals 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 insure 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 34 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 Manual represents a very large investment by the City of Sanger. 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 to the company's condition. The City of Sanger reserves the right to modify, add or delete the benefits it offers. 3.1 Eligibility for Benefits If you are a ful l-time employee, you will enjoy al l of the benefits described in this Employee Manual as soon as you meet the eligibility requirements for each particular benefit. Coverages are available to you and your dependents as defined in the benefit summary plan descriptions. P 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. No benefits are available to you during your Introductory Period, except as otherwise provided by law. Note: Please see "Introductory Period" in the Employment section of this Employee Manual for further information. 3.2 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 90 days from your date of hire. The following benefits are provided, as defined and limited in the literature provided by our insurance company: - 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 coverages will be the responsibility of the employee. Applicable employee contributions will be automatically deducted from your paycheck. 35 According to the federal Consolidated Omnibus Budget Reconciliated 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 your supervisor for details. (Health / Dental / Vision) Insurance Today's many health insurance plans and options can be confusing and complicated. That is why the City of Sanger has taken the time to carefully review the coverages and plans available. We have selected the plans we feel provide the best coverage for our employees. Refer to the literature provided by our insurance companies for details on your health, dental and vision coverage. 3.3 Government Required Coverage Workers' Compensation All employees are entitled to Workers' Compensation benefits. This coverage is automatic and immediate and protects you from 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. 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. Insure 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. 9M 4S tl. t��, M, 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 the Texas Workforce Commission Office as soon as you become unemployed. Social Security The United States Government operates a system of mandated insurance 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 pay stub and 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. 3.4 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. 3.5 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 the personnel department for details on how to join the credit union. IV. Leaves Both paid and unpaid time off may be granted to eligible employees, according to the following leave policies. Please consult your supervisor for further information. WA 1 .+; •!:.I 2 ti �� S!uX� �1" i. t U i{i�il )M1 ti l� T �1 1 41�r 4.1 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 Recognized Holidays Regular full-time employees are eligible for holiday pay. The City of Sanger recognizes the following holidays as paid holidays: New Year's Day p Martin Luther King, Jr.'s Birthday President's Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day The governing body of the City of Sanger may also designate other days. Holidays that occur on a Saturday or Sunday will be observed on the preceding or following workday as applicable. Vacation Vacation is a time for you to rest, relax, and pursue special interests, The City of Sanger has provided 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, Upon completion of one (1) year of service, regular full-time employees are eligible to receive vacation benefits. Part-time employees working fewer than 30 hours per week and temporary employees are not eligible. Amount of Vacation Eligible employees accrue vacation for each year of service. The vacation accrual rate is based on length of employment, as follows: 38 Years of Employment Less than five (5) years Five (5) to ten (10) years Ten (10) to fifteen (15) years More than fifteen (15) years Vacation Policies Total Accrual Per Year (in Days) 10 12 15 20 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 betaken in full 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. The term "year of service" is to be defined as from January 1 to December 31 after the employee's first vacation. A "month of service" for figuring vacation and sick leave benefits will be allowed on parts of months as follows: The employee's first month on the payroll will count only if they were hired on the first (1 st) through the fifteenth (15'). 2. The employee's last month on the payroll will count only if he terminates on the sixteenth (16th) or later in that month. Each full-time employee shall be entitled to receive five (5) days of their vacation in pay per full year employed at their current daily rate. 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 not be carried over from year to year without.express written consent by the City Manager. Each employee shall take at least five (5) days of vacation time off each year. 39 Sick Leave Regular & full-time employees are eligible to accrue paid sick leave on a pro -rated basis. Sick Leave hours begin accruing on your hire date. It 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. Sick Leave Policies Please let your supervisor know that you will be absent from work due to illness as early as possible. Normally, only accrued sick leave may be taken. t 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 may require a doctor's certificate verifying the necessity for absences and the specific illness, injury, or other disability to which the absence is attributed. 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. Accumulation Rights Accumulation of ninety (90) days of sick leave will allow all full-time employees to return a ratio of sick days to the City at their current daily rate of pay. The following chart shows the number of days eligible for pay for qualifying employees for each calendar year: # of Available Sick Days 12 11 10 #of Eligible Days Pay 6 5 4 Less than ten (10) additional days of sick leave will not qualify for reimbursement. At the time of termination of employment, any employee in good standing who has attained eight (8) years of continuous service with the City of Sanger will be eligible for compensation at their current daily rate for one-third (1/3) of their total number of accumulated sick days, not to exceed a maximum of thirty (30) days. Sick leave may be carried over and accumulated from year to year, up to a maximum of ninety (90) days. Any Employee who retires from the City of Sanger and has eight (8) years of continual service with the City will be compensated for 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 Any full-time employee with more than one calendar year of service will be entitled to one (1) personal holiday, if, during the preceding calendar year, no more than one (1) sick day was taken by the employee. ' Other Paid Leaves Funeral (Bereavement) Leave Each year, up to five (5) working days of leave with pay shall be granted to regular, full-time employees upon request to make arrangements for and attend funeral services of the employee's spouse, child, parent, grandparent, 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 our work day or if you are temporarily released from jury duty. Military Leave The City of Sanger complies with the provisions of the HB. 761, Acts of the 5 3 d 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. 41 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. 4.2 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. Time off for any reason during a working day will count first against your allotted sick days or personal days, as appropriate, in hourly, quarter day, half day or full day increments. 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 excepted, 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. There are several types of unpaid leaves for which you may be eligible, 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, 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: 42 1. 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 thF 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 practicable, 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 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 a 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 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. 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/she must be unable to care for himself/herself due to a serious illness. 9. A parent is defined as the employee's or his/her spouse's natural, adoptive, or foster parent, stepparent, or legal guardian. 43 10. A serious health condition is defined as a disabling physical or 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 care 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, but shall not accrue further during any such leave period. 18. The pay allowances while on disability leave are based on an employee's length of service, as well as the state in which she/he is employed. Disability laws may vary from state to state, and at all times our disability leave policy will be in compliance with the laws of the state in which you are employed. 19. 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. 20. 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. 44 21. 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. Disability (Including Pregnancy) Leave of Absence The City of Sanger may grant an unpaid leave of absence for illness, disability or Pregnancy. To request a disability leave of absence from your supervisor, you should submit, or have someone submit for you, a statement of ill health or disability from your doctor. (Pregnancy is treated, for the purposes of this policy, the same as an illness or disability.) An approved disability leave may be granted for up ninety (90) days. If necessary, you may request extensions in thirty (30) day increments for a maximum of one (1) year. Whenever possible, you are required to give as much notice as possible of your pending need for a disability leave of absence. In the case of pregnancy, please inform your supervisor as soon as possible of the date you and your doctor anticipate that you will begin your leave. Your job status will be protected in that we will make every effort to hold your position open, or return you to a similar position if one is available, for which you may be qualified. At the time the disability leave begins, any accrued personal leave or sick leave will be used. Vacation time previously accrued (but not used) at that time will also be paid if the employee so desires. Employees who develop an illness or physical condition which requires medical treatment or restrictions and precautions will be required to submit a physician's statement. This statement must give approval that continued full-time employment in his/her present position will not jeopardize his/her health or the safety of others, in the event she/he continues to work. A similar statement is required upon return from a disability leave. Should your attendance or job performance suffer during the period preceding and/or following a disability leave, we will accommodate you to the extent provided by law. 4.3 Accepting Other Employment or Going Into Business While on Leave of Absence If you accept any employment or go into business while on a 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. M V. Safety 5.1 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 department head 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. 5.2 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 outside emergency response agencies, if needed. If an injury does not require medical attention, a Supervisor and Employee Report of Accident Form must still be completed in case medical treatment is later needed and to insure 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. 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. 5.3 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. Safety Manuals will be issued for each respective 46 department. 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 assistyou 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. 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. Failing 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. 47 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 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 lords in good repair. Don't make unauthorized connections or repairs. Do not overload outlets. 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. Please obtain a Safety Suggestion Form from your supervisor for this purpose. 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. 48 5.4 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, knife, 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. 5.5 Fire Prevention r 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 alcohol 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 or the local fire department. - If possible, immediately contact your supervisor. Evacuate all employees from the area. - If the fire is small and contained, 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. 5.6 Emergency Evacuation If you are advised to evacuate the building, you should: - Stop all work immediately. - Contact outside emergency response agencies, if needed. 49 - Shut off all electrical equipment and machines, if possible. - Walk to the nearest exit, including emergency exit doors. - Exit quickly, but do not run. 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. 5.7 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. Always be aware of good health and safety standards, including fire and loss prevention. Please report anything that needs repairing or replacing to your supervisor immediately. 5.8 Office Safety Office areas present their own safety hazards. Please be sure to: - Leave desk, file or cabinet drawers firmly closed when not in use. - Open only a single drawer of a file cabinet at a time. - Arrange office space to avoid tripping hazards, such as telephone cords or calculator electrical cords. - Remember to lift things carefully and to use proper lifting techniques. 6111 5.9 Property and Equipment Care It is your responsibility to understand the machines needed to perform your duties. Good care of any machine 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 a machine 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 a machine you deem unsafe, nor should you adjust or modify the safeguards provided. Do not attempt to use any machine or equipment you do not know how to operate, or if you have not completed training on the proper use of the machine or equipment. 5.10 Restricted Areas In the interest of safety and security, certain portions of the City of Sanger's facilities may be restricted to authorized personnel only. Such areas will be clearly marked. Some areas may be designated no smoking areas as well. 5.11 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. 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. 5.12 Security Maintaining the security of the City of Sanger buildings and vehicles is every employee's responsibility. Develop habits that insure 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. 51 Know the location of all alarms and fire extinguishers, and familiarize yourself with the proper procedure for using them should the need arise. When you leave the premises make sure that all entrances are properly locked and secured. 5.13 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. Please remember to conform to our customer's smoking policies when working at a customer's site. All employees are expected to abide by this policy while at work. r VI. Separation of Employment 6.1 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 discipline, transfer, or demote you 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. 6.2 Insurance Conversion Privileges According to the federal Consolidated Omnibus Budget Reconciliated 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. 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 your supervisor for additional details. 52 6.3 Exit Interviews In a termination situation, your supervisor 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. 6.4 Return of The 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. 6.5 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 preemployment procedures.. To be considered, an applicant must have been in good standing at the time of their previous termination of employment with the City. Reinstatement of Benefits (Bridging) Former employees of the City of Sanger will specifically approved by the City Council. 6.6 Post -Employment Inquiries not have their former benefits reinstated unless The City of Sanger does not respond to oral requests for references. In the event your employment with the City is terminated, either voluntarily or involuntarily, your supervisor may be able to provide a reference to potential employers only if you have completed and signed a release form. As an employee of the City of Sanger, do not under any circumstances 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 request to your supervisor. VII. Workplace Policies This Employee 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 for help concerning anything you don't understand. 53 7.1 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. r 7.2 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 meeting held during your non -working hours, you will be paid for the time you spend traveling to and from the meeting as well as for time spent at the meeting. 7.3 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 users' right to make a backup copy for archival purposes (Section lI 7). The law protects the exclusive rights of the copyright holder and does not give users the right to copy software unless a backup copy is not provided by the manufacturer. Unauthorized duplication of software is a federal crime. Penalties include fines up to and including $250,000, and jail terms of up to five (5) years. Even the users of unlawful copies suffer from their own illegal actions. They receive no documentation, no customer support and no information about product updates. With regard to use on local area networks or on multiple machines, the City of Sanger employees shall use the software only in accordance with the software publisher's license agreement. 54 2. The City of Sanger employees learning of any misuse of software or related documentation within the City of Sanger must notify their supervisor immediately. 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. The City of Sanger employees who make, acquire or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such discipline may include termination. 7.4 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. The City of Sanger 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 the City of Sanger 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. 55 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 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 individuals 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. 7.5 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. When working at a customer's site, please dress appropriately according to their corporate culture. 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 56 properly attired and/or groomed. Employees who violate dress code standards may be subject to appropriate disciplinary action. Keep in mind the discomfort your supervisor would feel if she/he had to address this issue with you. 7.6 Drug -Free Workplace Policy The manufacturing, distribution, dispensing, possession, sale, purchase, or use of a controlled substance or alcohol by an employee while on duty, during lunch and other breaks or at any time while the employee is on a City work time is absolutely prohibited and constitutes cause for dismissal. 2. Entering City property or reporting to work in an unfit condition because of the use or consumption of a controlled substance or alcohol is strictly prohibited. Any employee acting contrary to this prohibition will be subject to disciplinary action up to and including discharge. 3. Exception to the use or consumption of controlled substances while on City business or on City property may be granted if: a. The controlled substance is prescribed by a licensed physician; and b, the substance is being used as prescribed by the licensed physician. All employees who are using a prescription or nonprescription drug which may impact their job performance must notify their supervisor in writing as to the possible effects of such medication on the performance of their assigned duties and related physical/mental capability. The Department Supervisor may require a doctor's statement if the employee indicates that there is a need to use the prescription drug for an extended period. In such instances of temporary impediment to safe performance of regular duties, the employee may be temporarily assigned to non -hazardous duties, if such duties are available, or allowed to take sick leave if available, and then vacation leave if available or placed on leave without pay. Testing Drug and/or alcohol tests shall be administered as follows: l . To all applicants who are considered for employment, prior to actual appointment, for any position with the City of Sanger. 2. Upon reasonable suspicion that an employee is in violation of the drug and alcohol policy of the City. 57 ... _ ... .... .. .. _•r; s..i. J. t1 <Yss ��rf:., ,� T ..�Y. i:.. � _ .. � cif ...��11 t s.i .. rl �$ros ,S.�'i its 3, Upon receipt of information that an employee has tampered with or otherwise influenced a previously administered drug or alcohol test. 4. At reasonable times and for reasonable periods during and following an employee's participation in a drug or alcohol treatment program in which the employee is or has participated as a requirement of the drug and alcohol policy of the City of Sanger. 5. As part of a random draw for those with CDL licenses. DEFINITIONS Controlled substance - Any drug or controlled substance, the manufacture, distribution, possession, sale or consumption of which is illegal, or a prescribed or over -the counter substance which is legally obtained but is not being used for its intended purpose. Unfit Condition - The employee's behavior or ability to work are affected by controlled substance or alcohol, or the combination of them, in any detectable manner. lco - Any beverage containing more than one-half of one percent of alcohol by volume which is capable of use for beverage purposes either alone or when diluted. Drug Paraphernalia -means equipment, a product, or material of any kind described in Section 1.02 of the Texas Controlled Substance Act, and inhalant paraphernalia possessed, used or delivered in violation of the provisions of Chapter 484 of the Texas Health and Safety Code. Drug Test - means collection of a urine specimen by medical personnel and a laboratory analysis of that specimen, any additional screening and confirmatory testing, or such other screening and/or testing as may be established based upon the then current and appropriate technology. Reasonable Suspicion - means a conclusion based on personal observation of a specific objective instance of employee conduct suggesting that an employee is under the influence of a drug or alcohol. Where to Get Help A number of community resources are available to help you, including; Community Resources Employee Assistance Program Alcoholics Anonymous Narcotics Anonymous National Council on Alcoholism and Drug Dependence 58 This document is intended solely as a resource. The City of Sanger does not endorse programs and/or agencies listed on this document and accepts no responsibility for treatment provided by these agencies/programs, nor does it guarantee insurance coverage of treatment. This document is not a comprehensive listing of alcohol chemical dependency treatment programs. Other sources for both impatient and outpatient alcohol/chemical dependency treatment programs may be located by consulting your family physician, a local telephone directory under the heading "Drug Treatment Programs," or through the National Council on Alcoholism and Drug Dependence at 212-206-6770. 7.7 Expense Reimbursement You must have your supervisor's written authorization prior to incurring an expense on behalf of the City of Sanger. To be reimbursed for all authorized expenses, you must submit an expense report or voucher accompanied by receipts and it must be approved by your supervisor. Please submit your expense report or voucher each week, as you incur authorized reimbursable expenses. In order for the City of Sanger to keep records and accounting accurate and current, please submit your expense reports in a timely fashion. If you are asked to conduct the City of Sanger business using your personal vehicle, you will be reimbursed at the rate of twenty-eight (28) cents per mile. Please submit this expense on your weekly expense report or voucher. When away on business, the City of Sanger will reimburse employees for meals to a maximum of thirty-five (35) dollars per diem. 7.8 . Personal Use of The 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 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. 7.9 Relatives The City of Sanger will not employ anyone related to any member of the City Council either by blood or marriage. This restriction also includes the City Manager and his/her immediate staff. 59 If relatives and members of an immediate family shall be employed, they will not serve in the same department unless specific approval has been obtained from the City Manager. 7.10 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 during working time. Working time is defined as the time assigned for the performance of your job and does not apply to break periods and meal times. 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 the City of Sanger property or from being on city property. 7.11 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: 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. 3. 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. 7. If an employee has an accident while operating a City vehicle, he or she will notify the police department and their supervisor immediately. 7.12 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. Acts or threats of violence include conduct which is sufficiently severe, offensive, or intimidating to alter the employment conditions at the City, or 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 offthe 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: 1. 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. 5. 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. 7.13 Complaint/Appeal Procedures The purpose of this policy is to: 5. Assure City Employees that their work -related complaints or appeals will be treated in an appropriate manner, 61 6. Facilitate free discussion of employment and employee problems between supervisors and employees in order to foster a better under -standing of City policies, procedures and practices; 7. Promote arriving at a resolution of the issue in a climate of mutual understanding and objective thinking; 8. Assure that no employee is retaliated against for utilizing this policy and procedure: and 9. Allow for appeal of disciplinary actions including discharge. POLICY It is the Policy of the City of Sanger that: — This complaint and appeal procedure will be available to all employees, excluding employees appointed by the City Council of the City of Sanger; 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; — Every effort shall be made to resolve complaints and appeals at the lowest possible level in the organization; — No employee shall be restrained from or retaliated against in any way as a result of using this procedure; Department Directors shall be responsible for the administration of this procedure within their respective departments and for maintaining the confidentiality of employees filing complaints and appeals. 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 Ci1y Manager - for purposes of this policy shall mean City Manager, Acting City Manager or his 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 CYa City of Sanger or any complaint concerning a circumstance or action 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 t l , 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 ten (10) 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 (3) business days, file a formal complaint/appeal. 2. Employee shall complete a written Employee Complaint/Appeal Form, (attachment A), available in the Personnel department, 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 seven (7) 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 seven (7) 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. The City Manager shall provide a final decision to the employee within ten (10) business days of receipt of the form. GENERAL PROVISIONS 1, Complaints may be initiated only by the employee concerned and may not be pursued without the affected employee's consent. 63 2. A Department Director hearing a formal complaint/appeal shall contact the Personnel Department for advice and assistance. A supervisor may contact the Personnel Department 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. 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 Manager or the Department Director may request that a Complaint/Appeal Review Committee be selected to investigate the complaint/appeal and make recommendation to the City Manager or Director, depending on which step in the process is involved. The City Manager or Director, depending on the step, retains decision -making authority with the role of the Committee being to investigate and make recommendation based on the facts of the situation. If the Committee is appointed, Complaint/Appeal Committee Guidelines supplied by the Personnel Department shall be followed. 8. The City of Sanger reserves the right to change, modify, amend, revoke, or rescind all or part of this policy in the future. El COMPLAINVAPPEAL FORM Appeal of Disciplinary Action Interpretation/Application of Policy, Procedures, Practice Performance Evaluation Work Conditions Name Classification Department Extension Address Phone Date on which adverse action took place (if known) : Please state the problem. (Specify which particular policy procedure, principle or order was violated or applied in an inequitable manner, or wfiat disciplinary action is being appealed or performance evaluation issue) Supervisor: How would you like this issue resolved? Witness Has this been discussed with your immediate supervisor as per step one (1) outlines in the Policy? Signature of Employee Date Date of Date of Date of Employee's Respondent's Receipt Deadline Response Signature Signature Step2 (Department Director must respond within seven (7) days after receipt of this form; written response must be attached.) Step 3 (City Manager to respond as per policy) If you need additional space to explain details, please supply this information on attached sheets. If both parties have agreed to deadline extension documentation must be attached verifying this. W City of Sanger PERSONNEL POLICY HANDBOOK ACKNOWLEDGMENT do hereby certify that I have read and understand the r Personnel policy established by the City of Sanger. I also agree with all terms and conditions stated therein. Signature Date * * * * *PLEASE RETURN TO THE CITY SECRETARY'S OFFICE WITHIN TEN (10) DAYS OF RECEIPT*****