1. Resolution 5468 - Employee Personnel Handbook (Tabled November 15)City of Kalispell
201 1st Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7000 Fax (406)758-7757
REPORT TO: Honorable Mayor and City Council
FROM: Terry Mitton, Director of Human Resources
SUBJECT: Adopting of revised City of Kalispell Personnel Policy Handbook
MEETING DATE: January 3, 2011
BACKGROUND-., The last major revision of the City of Kalispell's Personnel Policy
Handbook occurred and was adopted by the City Council in 2003. Since then there have
been numerous changes to various State and Federal Laws, Rules and Regulations and
policy making court decisions. In addition, there have been cultural changes which require
clarification to policies and procedures for employees and management to better understand
their duties, roles and responsibilities and to operate more efficiently and safely.
This new City of Kalispell Personnel Handbook has been reviewed and approved by the
Kalispell City Attorneys office, The City of Kalispell Human Resources Department,
Montana Municipal Interlocal Authority (MMIA) Legal Department and an independent
State and Federally recognized expert in Human Resources.
Included in this memo are brief annotations related to the reasons for the changes of the
various policies. Some of the changes only relate to the now recognized departmental and
management titles. An example: "Personnel" Department was changed to "Human
Resources." In addition, some policies were combined where similar language was
essentially repeated while others were removed as they were considered a departmental
procedure. Some of the more important changes to note:
• To be more efficient and cost effective we streamlined and clarified the hiring
process adding the ability to create, when appropriate, hiring pools to reduce
advertising costs.
• To provide a more professional appearance by our employees, we clarified what
is considered proper attire, grooming and added additional rules related to
employee conduct.
■ Added improved language defining what is considered abuse of sick leave and the
consequences of confirmed abuse.
Added "trial period" language for current employees who transfer to another
position within the city. we cannot require employees to again be "on
probation" when they transfer to another position.
Strengthened the language related to what is considered appropriate computer
usage by city employees.
To simplify and be consistent with the Montana State Statute 2-18-501 M.C.A.,
we are recommending amending the proposed manual "Section 50-1 Subject
Travel Expenses while of City Business."
This will not affect current union contracts recognized by the City.
There should be no recognized financial impact to the budget.
R]ECO ND TION: The City Council should approve the resolution adopting a new
Employee Personnel Handbook for the City of Kalispell.
Respectively submi
Terry Mi n
Human esources Director
E
4ane Howington
City Manager
RESOLUTIONA RESOLUTION REVISING 1 /PERSONNEL
HANDBOOKPOLICIES /R ALL CITY EMPLOYEES AND DECLARING AN EFFECTIVE
WHEREAS, it is in the best interests of the citizens of the City of Kalispell, and employees of the
City of Kalispell, that all policies relating to persons warping for the City of Kalispell be
placed in a Personnel Policies Handbook, and
WHEREAS, on May 2, 1994, the City Council adopted Resolution No. 4150, adopting a Personnel
Policies Handbook for all City employees, and
WHEREAS, on June 19, 2000, the City Council adopted Resolution No. 4561, revising the Personnel
Policies Handbook, and
WHEREAS, on September 15, 2003, the City Council adopted Resolution No. 4832, revising the
Personnel Policies Handbook, and
WHEREAS, the City Manager requests that the Personnel Policies Handbook be revised to reflect
changes to State and Federal law and to address other current personnel issues.
NOW, 'T'I EREFORBs BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS
SECTION I. That the Personnel Policies Handbook dated September, 2003 is hereby
amended.
SECTION II, That the Revised Personnel Policies Handbook presented to the City
Council on November 15, 2010, is hereby adopted as the official
Personnel Policies Handbook for all employees of the City of Kalispell,
Montana.
SEC'T'ION .III. This resolution shall become effective immediately upon its passage by
the City Council.
PASSED AND APPROVED BY THE CITE" COUNCIL AND SIGNED BY THE MAYOR YOR OF THE
CITY OF KA.LISPELL, THIS DAY OF 12011.
Tanzn u Fisher
Mayor
ATTEST:
Theresa White
City Clem
Note: Items with an * indicates a change to that policy
i_J ' '■ ��M
*10-2 EQUAL EMPLOYMENT OPPORTUNITY (EEO)/AMERICANS WITH
DISABILITIES ACT (ADA) - pg 2
Reason for changes: To come into compliance with State and Federal
changes to the law.
* 10-3 ADMINISTRATION OF EMPLOYEE PERSONNEL RECORDS - pg 3
Reason for changes: To come into compliance with State and Federal
changes to the law, reduce language.
14-4 UNION RIGHTS -- pg 4
*20-1 HARASSMIENT pg 5
Reason for changes: To come into compliance with State and Federal
changes to the law and add "Hostile working Conditions" and "Hostile
Working Environment" language.
*20-2 SCHEDULING DAYS /HOURS OF WORK - pg 7
*20-3 OVERTIMIE/COMPENSATORY TIME - pg 9
Reason for changes: To come into compliance with State and Federal wage
& Hour regulations. Add "pro -rated" language for part-time, seasonal and
temporary employees. Clarify where supervisors will approve scheduling of
alternate holiday time off'.
*20-4 NEPOTISM - pg 11
Reason for changes: To come Into compliance with State lave.
*20-5 PROBATION & TRIAL PERIOD - pg 13
Reason for changes: To come into compliance with State and Federal
changes to the law. In particular, current employees cannot be subject to
another "probationary" period which could subject there to dismissal versus
returning to their previous position.
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*20-6 RE-EMPLOYMENT - pg 14
Reason for changes: To come into compliance with State law related to
vacations and previous "Montana government service" time.
*20-7 EMPLOYEE IN-PROCESSING/ORIENTATION - pg 15
Reason for changes: To better outline and make more efficient new -hire
processing and add additional information related to employee orientations.
*20-5 HIRING PROCESS - pg 16
Reason for changes: To better outline and make more efficient the hiring
process. Allow for the creation of hiring pools for previously interviewed
candidates (within previous 60 days) who initially were not offered a position,
but were strongly considered.
*20-9 EMPLOYEE TERMINATION AND EXIT PROCESS --19
Reason for changes: To better clarify termination procedures, recall rights
and offer grievance procedure to all employees who leave employment.
*20-10 WORKPLACE VIOLENCE - pg 21
Reason for changes: New policy related to defining and prevention of
workplace violence and reporting procedures.
*30-1 TYPES OF EMPLOYMENT AND :ELIGIBILITY FOR BENEFITS - pg 22
Reason for changes: Add language defining "Short-term," "Transitional" and
"Recurrent Seasonal" Employee definitions.
*30-2 MEDICAL/HEALTH INSURANCE COVERAGE - pg 26
Reason for changes: Clarify when new employee's health insurance begins
and how employees on unpaid leave can continue their coverage.
*30-3 RETIREMENT - pg 27
*40-1 EMPLOYEE CONDUCT - pg 29
Reason for changes: Added additional rules employees are to abide by
related to their conduct as employees of the City.
*40-2 EMPLOYEE PERSONAL APPEARANCE - pg 31
Reason for changes: Added clarifying language for appropriate dress and
enforcement procedures.
*40-3 PERSONAL & BUSINESS TELEPHONE CALLS/FAX - pg 32
Reason for changes: Added policy language related to cellular phone usage.
*40-4 POLITICAL ACTIVITY - pg 33
Reason for changes: To better clarify when and how employees can
participate in political activities.
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*40-5 OUTSIDE EMPLOYMENT - pg 34
Reason for changes: Clarify policy noting employment with the City is
primary and what would be potential conflicts.
*40-6 USE OF CITY VEHICLES - pg 35
Reason for changes: Added language where employees must report traffic
violations received while operating a city vehicle. Also, added no smoking in
any city vehicle language.
40-7 EMPLOYEE CONTRACTS WITH THE CITY - pg 36
*40-8 DISCIPLINARY ACTION - pg 37
Reason for changes.- Added language where employees being investigated for
possible disciplinary action must be notified in writing.
*40-9 GRIEVANCE PROCESS - pg 41
Reason for changes: Added language encouraging employees to initially
attempt to resolve Issues prior to filing formal grievances and what
information is required when filing a grievance. Also, added no retaliation
language for use of grievance procedure.
F%A-10 LOBBYING BEFORE STATE LEGISLATURE OR OTHER
GOVERNMENTAL AGENCIES - pg 42
*40-11 SMOKING POLICY" FOR. CITY EMPLOYEES WITHIN
CITY -OWNED FACILITIES - pg 43
Reason for changes: Updated language not allowing any smoking in any
City -owned facilities or vehicles and not allowing additional breaks just to
smoke.
40-12 SOLICITATIONS - pg 45
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*40-14 CONFIDENTIAL INFORMATION/PERSONAL GAIN - pg 46
Reason for changes: New policy related to the maintenance of what would be
considered "confidential information" and the any disclosure thereof.
*40-15 DRUG FREE WORD. PLACE - pg 47
Reason for changes: To come into compliance with State and Federal
changes to the law and better define the "purpose and intent" of the policy.
*40-16 DRUG AND ALCOHOL TESTING - pg 49
Reason for changes: To come into compliance with State and Federal
changes to the law including allowing the use of saliva testing.
k
*50-1 PERFORMANCE EVALUATION - pg 63
Reason for changes: To clarify who, when and how performance evaluations
are conducted. Added language where merit raises require consent of City
Manager.
50-2 DATE OF MIRE / R.SARY DATE - pg 64
*50-3 DEMOTIONS - pg 65
Reason for changes: Added language to include "other business reasons" and
added "trial" periods for current employees not on initial probation as defined
in "Probation Policy."
*50-4 POSITION DESCRIPTIONS - pg 66
Reason for changes: Revised department title and improved formatting.
Added additional items to be included in position descriptions.
*50-5 PROMOTIONS - pg 67
Reason for changes: Updated management/ department title.
*50-6 RECLASSIFICATION PROCEDURE - pg 68
Reason for changes: Updated management/department title.
*50-7 TRANSFERS - pg 69
Reason for changes: Replaced `probationary" period with "trial" period
language.
*50-5 PAY PERIODS - pg 71
Reason for changes: Updated where employee reports incorrect paychecks.
*60-1 VACATION LEAVE- pg 72
Reason for changes: Updated department title.
*60-2 SICK LEAVE - pg 75
Reason for changes: Clarified language and added where management may
request documentation for employee's use of sick leave. Added clarifying
language related to what is "abuse of sick leave" and consequences for
confirmed abuse.
60-3 PERSONAL DAY - pg 81
60-4 HOLIDAYS AND HOLIDAY PAY - pg 82
*60-5 LEAVE OF ABSENCE WITHOUT PAY - pg 83
Reason for changes: Added requirements where re -certifications for extended
leaves may be requested from the employee and clarifying when a position is
considered vacated by an employee.
60-6 ABSENCE WITHOUT LEAVE - pg 86
r,_
*60-7 MILITARY LEAVE - pg 87
Reason for changes: To come into compliance with State and Federal
changes to the law.
60-8 JURY DUTY - pg 88
*60-9 FAMILY AND MEDICAL LEAVE - pg 89
Reason for changes: To come into compliance with State and Federal
changes to the law.
70-1 DRIVER'S LICENSES - pg 99
*70-2 EMERGENCY CONDITIONS - pg 100
Reason for changes: Clarified who (non-exempt employees) as defined by
State and Federal wage & hour Laws will be required to use sick leave or
vacation time for emergency closures of City offices.
*70-3 INSURANCE CLAIMS - pg 101
Reason for changes: Clarified procedures employees are to follow related to
insurance (liability) claims against the City.
70-4 QUALIFICATION FOR THE OPERATION OF
CITY -OWNED MOTOR VEHICLES AND PRIVATELY -OWNED
VEHICLES WHILE CONDUCTING OFFICIAL BUSINESS - pg 102
*70-5 SAFETY AND ACCIDENT PREVENTION - pg 104
Reason for changes: New "general' policy to be in compliance with
Montana Safety Culture Act Law. Created a separate comprehensive Safety
& Health manual for all city employees to use which has been in place for
over two years now.
*70-6 EARLY RETURN -TO -WORK (ERTW) PROGRAM - pg 105
Reason for changes: Added clarifying language to program language.
50-1 TRAVEL EXPENSES WHILE ON CITY BUSINESS - pg 105
50-2 SPECIAL LICENSES .AND MEMBERSHIP FEES - pg 111
50-3 LAWSUITS AGAINST THE cITY - pg 111
*80-4 TRAINING PROGRAMS, INCLUDING SEMINARS OR
CONVENTIONS - pg 112
Reason for changes: Updated management title.
*50-5 USE OF cITY COMPUTERS AND INFORMATION NETWORK - pg 114
Reason for changes: To be in compliance with more stringent State policies
as required for governmental computer usage.
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* D-6 BREAST FEEDING IN THE WORKPLACE - pg 120
Reason for changes: New policy to be in compliance with State Law.
*80-8 PRIVATE USE OF PUBLIC FA.CILITIES AND EXPECTATIONS
OF PRIVACY BY CITY EMPLOYEES —120
Reason for changes: New policy to inform employees about use of public
facilities by them and their limited expectations of privacy.
*80-9 CITY PROCUREMENT POLICY —121
Reason for changes: New general policy referring to procurement of goods
and services.
F
i
409 IVA 1-101 l
To establish policy guidelines on City reimbursement for expenses while on City
business.
II. STATEMENT OF POLICY. -
It is the policy of the City to reimburse employees for reasonable and necessary
expenditures made by employees while on official City business.
III. APPROVAL FOR TRAVEL:
Employees traveling on City business must have approval by the department head
and City Manager prior to leaving.
IV. PAYMENT FOR TRAVEL EXPENSES:
a. claims for reimbursement for travel expenses will be recorded on Travel
Expense Vouchers available in the Finance office. Expenses incurred by the
employee will be reimbursed upon approval of the Travel Expense Voucher at
the time council approves all claims.
b. As a minimum, lodging and miscellaneous expense receipts are required to be
attached to the voucher before reimbursement will be paid. Receipts for
meals are not required.
V. REIMBURSABLE EXPENSES:
a. One -day travel expenses
i. Travel and return the same day: Mileage (at I.R.S. allowed rate) if
personal vehicle is used. Expense for lunch and dinner if employee is
away from official station beyond regular working shift.
ii. Use of personal vehicle because of personal preference (i.e., city
vehicle otherwise available): Reimbursement will not be made for
mileage, but a City gas card maybe used for fuel.
b. Multiple -day travel expenses
i. Mileage (at I.R.S. allowed rate), meals, actual lodging costs subject to
the city Manager's approval (for employee only), air fare, tips and taxi
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or other transportation. Any miscellaneous expense related to work or
business travel.
ii. Use of personal vehicle because of personal preference (i.e., city
vehicle available): Reimbursement will not be made for mileage, but a
City gas card may be used for fuel.
c. Registration or tuition fees
d. Long distance phone calls related to City business while in travel status
(limited to one reasonable length call home when away overnight).
e. Hotel accommodations shad be reasonable and shall be reimbursed at actual
and necessary costs. Accommodations should be near the location of the
conference or business meeting. According to state later, Section 2-18-501(5),
M.C.A., when other than commercial, non-receiptable lodging facilities are
utilized, the amount of $12 per day will be authorized. No receipt will be
required.
VI. GUIDELINES FOR RATES ALLOWED BY THE CITY:
a. Meals
i. In -State and out -of State Travel
1. A per diem rate not to exceed the amount allowed pursuant to
Section 2-18-501(1), M.C.A.
2. If meals are included in tuition or registration fees,
reimbursement will be reduced according meal allowance
schedule set forth in Section 2-18-501(1), M.C.A. Claims for
meals when employees are in travel status for fractions of days
will be made in accordance with Section 2-18-501(1), M.C.A.
for individual meals.
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sr�: NON -ALLOWABLE EXPENSES:
a. Laundry, cleaning, or valet services (except on trips of over one week
duration).
b. Tobacco.
c. .Alcoholic beverages.
d. Entertainment.
e. Personal telephone calls to home (limited to one reasonable length call home
when away overnight).
f. First class travel accommodations When economy or coach class are
available.
g. Meals and lodging in lieu of other meals and/or lodging the expense of Which
is included in the registration fee.
h. Fines, forfeitures or penalties.
i. Rental vehicles except as pre -approved by the City Manager.
j. Expenses of a spouse or other non -employee.
k. Loss or damage to personal property.
I. Barber, beauty parlor, shoe shine or toiletries.
m. Personal postage.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 12, 2000
LAST REVISED: Resolution #<NEW REVISION DATES
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