4. Resolution 4561 - Revising Personnel Policy ManualC4Y of Kalispell
Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758
Honorable Mayor and City Council
FROM: Chris A. Kukulski, City Manager
SUBJECT: Personnel Policies Handbook Amendments
MEETING DATE: June 19, 2000
BACKGROUND: Resolution 4150 adopted a comprehensive Personnel Policies Handbook for the City.
Attached is a memo from Rich Hickel, Assistant City Attorney, that outlines changes that are recommended
in order to update the handbook.
Most of the changes that have been made are a result of an MMIA (Montana Municipal Insurance Authority)
review of the document (see attached memo). Further amendments reflect stylistic changes in order to
further clarify language with no change in the original intent. As you read Mr. Hickel's memo, he makes
a number of "editorial" comments or suggestions outside of MMIA's concerns. All of these comments
brought up by Mr. Hickel, in addition to many more concerns that have been expressed by Marti Hensley,
Personnel Specialist, need to be discussed at length. Those issues have not been appropriately debated and
thus have not been included in any of the revisions before you. The handbook is available upon your
request, I did not see the need to copy the 176 page document nine times.
In addition to the MMIA changes there are two others. The first is in reference to travel reimbursements.
We have updated this section to tie in -state meal per -diem to the States MCA (Montana Code Annotated).
The amendment would increase the in -state per -diem from $20 per day to $23 per day, while out of state
would remain unchanged at $32 per day. The second change is in reference to disciplinary action.
Currently, the handbook requires that any written reprimand be removed from an individuals personnel file
one year after the incident. The amendment removes that requirement.
RECOMMENDATION: The City Council adopt Resolution 4561, a resolution adopting a revised
personnel policies handbook.
FISCAL EFFECTS: The revision protects the City to ensure MMIA coverage for certain
litigations (potentially saving the City tens of thousands of dollars). By having the City Codes for in -state
per -diem to match the State's allotment increases the reimbursement by $3 per day.
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
Chris A. Kukulski
City Manager
Report compiled June 16, 2000
RESOLUTION NO. 4561
A RESOLUTION ADOPTING A REVISED PERSONNEL POLICIES HANDBOOK FOR ALL
CITY EMPLOYEES AND DECLARING AN EFFECTIVE DATE.
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 working 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, since that time, a number of substantial revisions have
been made to the Personnel Policies Handbook.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the Personnel Policies Handbook dated May
2, 1994 is hereby repealed.
SECTION II. That the Revised Personnel Policies Handbook
presented to the City Council on June 19, 2000,
is hereby adopted as the official Personnel
Policies Handbook for all employees of the City
of Kalispell, Montana.
SECTION III. This Resolution shall become effective
immediately upon its passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 19TH DAY OF JUNE, 2000.
Wm. E. Boharski
Mayor
ATTEST:
Theresa White
City Clerk
r31s is
TO: Chris, Glen, an arti
FROM: Rich Hickel
SUBJECT: Personnel Ma ual Revision
DATE: May 12, 2000
Lady and Gentlemen:
Following the League of Cities seminar last year, our
Personnel Manual was sent to Liz Pratt at MMIA for comprehensive
review. We are able to obtain an Employment Practices endorsement
on our general liability policy for no additional cost if our
manual meets MMIA standards, so there is no downside risk.
Liz reviewed our manual and submitted a fairly lengthy list of
revisions she wanted to see in our manual. I conducted my own
comprehensive review of the manual and have revised it in accordance
with Pratt's suggestions. In addi-ion, I have incorporated those
revisions highlighted by Glen to try bring the manual into accord
with current city practice. Marti and Chris, I will look forward
to your suggestions as well.
Here is a list of the revisions I have made, or am suggesting. I
should add that typos are not listed, nor are changes made which
were purely stylistic or made for purposes of clarification:
10-2 Add "political affiliation" to the list of protected
classifications.
10-4 Eliminate "discipline" from examples of items which will
be removed in Part 2(b)(3)
Part 3(b) add sentence that medical info will be kept
separate from the employee's personnel file.
Part 3(c) add City Attorney to list of individuals
authorized to review personnel when necessary to provide
legal representation on a matter.
10-5 In part 3, change to "case -by -case basis."
10-6 Change extension number in last section.
Personnel Manual
Page 1 of 7
20-1 Add "political affiliation" to the list of protected
classifications at the beginning and in the definitions
at the end of the policy.
20-2 Add "political affiliation" to list of protected
classifications.
20-3 The harassment policy was amended to specifically
prohibit retaliatory conduct and to provide for follow-up
to ensure there are no recurrences of harassment
following the investigation.
20-4 I do not have any specific changes, but this may be an
appropriate place to address the work -at-home issue,
which I detest from a legal and (even though I am not a
manager) management perspective. If the City is going to
allow it, it should be set forth. If on the other hand
it is not going to be permitted in the future, it should
be addressed, keeping in mind the ADA reasonable
accommodation standards. (Query: By allowing it in a
couple recent cases, have we created a new accommodation
standard for disabled workers?)
20-5 The laundry list of exempt personnel was updated to
include the newly -exempt personnel. I suggest reviewing
Theresa's job again to determine the applicability of the
FLSA exemption standards.
20-7 Should the definitions list include "domestic partners?"
20-8 Liz pointed out the elimination of "at -will" employment
in the Mont. Supreme Court case, Whidden v. Nerison, 1999
MT 110. I have read the case and I agree with her
conclusion. Exempt management and confidential employees
must have a designated probationary period. I have
incorporated a one year probationary period since these
would seem to be at least as important as police and
firefighters, but I would not disagree with a six month
probationary period.
20-12 Liz correctly points out that part 3 conflicts with the
EEO policy 20-1, section 4, which requires ALL jobs to be
advertised with Job Service. From a legal standpoint, I
believe the more defensible policy to be opening all
positions to outside applicants as in the EEO policy. My
legal rationale is that if your current workforce lacks
diversity, advertising jobs internally only results in
perpetuation of internal non -diversity.
Personnel Manual
Page 2 of 7
Liz was particularly concerned about paragraph 8. I
agree her point is well -taken and the policy of holding
on to resumes for six months must be stricken. Resumes
are often tailored to the specific position applied for.
Finally, paragraph 11 of the "Recruitment" section of the
policy will be moved to the section concerning the hiring
decision in order to comply with ADA. And offers of
employment are now contingent on passing a physical
examination to comply with ADA.
20-13 Paragraph 3 under "Resignation"' was changed to comply
with the Montana law regarding payment of wages. Wages
may not be withheld by an employer for unreturned
property, except in the case of theft for which charges
have been filed against the employee.
Under Discharge, the policy was changed to pay the
discharged employee on the next regular payday or 15 days
from the date of separation, whichever occurs first. The
same policy should be instituted for employees leaving
voluntarily. Also, a discharced employee must now be
given written copy of grievance policy (see also, 40-9).
Under RIF's, paragraph 2(c) was revised to comply with
the veteran's preference provisions of M.C.A. §39-29-111.
And, clarified that it is the City Manager who will have
authority to determine whether a RIF is necessary.
2(c) Employees who have been RIF'ed must give personnel
specialist their address where they may be given their
recall notices.
2(d) COBRA notification will be given by Personnel
Specialist. Who will notify the employee of his/her
contact person for COBRA benefits questions?
Note: Under M.C.A. §39-30-101 et seq., persons with
disabilities are entitled tc preference in public
employment hiring decisions. The ADA provides that an
employer may not discriminate in employment, but does not
create a hiring preference. The entire recruitment
process should be closely examined to ensure the City is
complying with its obligation under the "Montana Persons
With Disabilities Employment Preference Act."
30-1 Should a new category be established for employees who
work at home? Changed temp to 12 months in accordance
with Montana law.
Personnel Manual
Page 3 of 7
40-9 Comprehensive revision to reflect the changes previously
agreed upon.
Also, upon discharge of an employee, provide that the
discharged employee will be provided with a written copy
of the City's grievance policy.
40-12 Amended to make the nearly entire City Hall smoke -free.
40-15 In paragraph 8, the policy provides that ALL tests will
be paid for by the City. I have revised this to provide
that the City pay for the initial test. In a recent
case, an employee provided a urine sample that failed,
and it was provided that a "clean" sample would be
required before the employee could return to work. The
cost of subsequent tests should be at the offending
employee's expense.
In the section entitled "Purpose and Intent," fifth
paragraph, the mandatory "shall" will be replaced by the
permissive "may" in order to allow for random testing of
individuals holding CDL's under 40-16.
In paragraph 2, should is included a reference that a
positive drug test will result in disciplinary action
where it is an occupational requirement (i.e., police,
fire, and CDL holders.) This is to remove possible
inconsistency with policy 40-16 on drug testing.
40-16 I broadened the list to include convictions for any
controlled substance by law.
50-2 I believe the number of pay ranges has increased to 20,
so that change was made. In addition, I calculated a few
of the current pay and classification plan numbers from
our current salary ordinance, and it appears to be out of
compliance with the policy. The pay policy should be
amended to eliminate dogmatic establishment of the salary
schedules as set forth in the second paragraph. In fact,
from a managerial perspective, I believe the entire
compensation scheme should be reviewed and revamped.
I believe the salary ranges set forth in the policy are
too narrow. The low end should be reduced to expand the
applicant pool. The current range in my position, for
example, would seem to rule out a new law school grad
since there would be only limited opportunity to advance
in the current salary range, meaning the person would
very likely leave after he/she were trained to a highly
productive level. In addition, the policy provides for
Personnel Manual
Page 4 of 7
authorization to pay 15% above the bottom end of the
salary range. I've been here 311 years and have nearly 18
years as a lawyer and am still not 15% above the bottom
end of my range (the same goes for you, Glen). It seems
to me that having a too high low end is a disincentive to
work hard to move up the salary range. It sends the
message to those near the bottom end that their services
are not held in high regard and that the only reason
he/she is making what he is, is because the salary
schedule requires it.
50-8 The preference for filling vacancies internally rather
than advertising to the general public is deleted to make
it consistent with the EEO policy (which I prefer,
legally speaking). In addition, excluding employees with
less than one year from promotions is rather absurd if
the idea is to fill the position with the best qualified
applicant regardless of where they work. This was
amended to eliminate the one-year rule on current
employees.
50-9 (By the way, there are at least two positions that should
be examined for reclassification/regrade, in my humble
opinion.)
50-10 Again, why restrict current employees from transfers to
departments where they may otherwise be the best
qualified applicant? In addition, "all else being equal,
current City employees will be given priority for filling
the open position" seems to create a situation ripe for
filing grievances whenever a current employee does not
get the job. I struck the internal employee absolute
preference and instead use current employment as one
factor to be considered in selecting the best qualified
applicant for the vacant position.
50-11 This would seem to require an increase in pay for any
underling filling in while his/her supervisor is away for
more than two days. Policy was amended to provide that
temporary absences of superiors for vacations or illness
does not constitute work out of classification.
50-13 If we go to a biweekly pay plan for all employees, this
may be eliminated.
50-14 Glen has already prescribed changes to take into account
current city practices for biweekly payroll.
50-15 Now that the OFLT has been eliminated, the reference to
industrial insurance premiums was stricken. Made
Personnel Manual
Page 5 of 7
reference to child support as a mandatory deduction.
Added Christmas Club to optional deductions.
60-1 Liz raised the issued of the possible applicability of
M.C.A. §2-18-601 to City employees. I am of the opinion
that 2-18-601 pertains to city employees, meaning "break
in service" had to be redefined to provide that it be 5
working days.
60-2 Same change regarding "break in service." And, amend
reference in lump sum paragraph 3 to M.C.A. §2-18-618 (6) .
60-3 Liz thought the "temporary full-time" employees were
entitled to holiday pay under this policy. I believe
that is the intent. I am not sure what her concern was
but it may have been directed at the question of whether
a temp would be entitled to holiday pay when he/she is
not on payroll. Paragraph 3 addresses this issue to my
satisfaction.
60-5 "Extended absence without leave" is now defined for
purposes of abandonment of the position. I have provided
it be no more than four working days. Do you have any
alternative suggestions?
60-6 This will be revised to conform with and refer to the
Uniformed Services Employment and Reemployment Rights Act
(USERRA) which is codified at 38 U.S.C. §§ 4301-4333 and
the State law found at M.C.A. §§ 10-1-601 et seq.
60-8 Under "Insurance Premium," what is meant by the
employee's share of that premium? Doesn't the City pay
the entirety of the health insurance premium currently,
or did this policy anticipate the City may in the future
request an employee co -pay?
Under "Length of Maternity Leave," the City's
determination of length of leave will be made giving due
regard to the treating medical provider's recommendation
for leave time necessary for proper medical care of an
ill or disabled patient.
70-6 Under "Safety Committee," I have added "Asst. City
Attorney" as an alternative ex-officio permanent member
to cover those instances where the City Attorney may be
unavailable.
70-8 Why is Risk Management a function of the Personnel
Specialist? (It is not that I lack confidence in Marti's
Personnel Manual
Page 6 of 7
knowledge and ability, but combining Personnel with Risk
Management does strike me as odd. And in 70-11, the
policy states that the Personnel Specialist will notify
the City Manager and the Risk Manager, implying the
position will be separately held. Either that or Marti
must notify herself, in writing, to document the on-the-
job injury or illness.)
70-12 In the last paragraph, it states "[T]he City maintains
... to cover accidents/illnesses incurred ... when on
duty." This is clarified to provide that the illnesses
must be work -related or an occupational disease.
70-15 Marti, I am not familiar with the forms required by OSHA.
Please review the form numbers to confirm that the Form
numbers stated in the policy are correctly identified.
80-1 Revised in accordance with Glen's update. Who is it that
the employee contemplating travel is supposed to check
with to determine whether a city vehicle is available?
If there is a person in charge of the city motor pool,
this person should be identified as the contact person.
Otherwise, how do we know whether the personal vehicle
was used as a matter of personal choice?
80-3 Added Asst. City Attorney as alternative person to
consult with concerning statements regarding lawsuits.
These are the items that either Liz, Glen, or I thought need to be
revised. If you (Marti or Chris) have additional changes to make,
speak now or forever hold your tongues. (Because I'm not going to
do this again for another 10 years if I can help it!)
Rich
Personnel Manual
Page 7 of 7
SECTION 10-2
SUBJECT: AMERICANS WITH DISABILITIES ACT (ADA) POLICY
AND GRIEVANCE PROCEDURE
PURPOSE: To provide a reasonable policy and procedure that will
ensure the following:
1. Equal opportunities for disabled persons to participate in and
benefit from services, programs, or activities sponsored by the
City.
2. A bias -free environment for disabled employees, or for
disabled persons who seek employment with the City.
3. Prompt and equitable resolution of complaints alleging
discrimination on the basis of a disability.
STATEMENT OF POLICY:
The City of Kalispell does not discriminate on the basis of race,
color, national origin, sex, religion, age, political affiliation,
marital status, sexual preference or ori.enta ion, or disability in
employment or the provision of services. It is the intent of the
City to guarantee disabled persons equal opportunity to participate
in or enjoy the benefits of City services, programs, or activities,
and to allow disabled employees a bias free work environment. The
City, upon request, will provide reasonable accommodation in
compliance with the Americans With Disabilities Act (ADA).
The City is committed to creating an environment in which facili-
ties for public meetings and general public use are accessible.
Furthermore, the City will provide auxiliary aids and services
(interpreters, readers, assisted listening devices, text tele-
phones, large print materials, audio tape, help in filling out
forms, and other similar services and actions) if necessary and if
such reasonable accommodation can be provided without undue
hardship to the City. Disabled persons may request the auxiliary
aids and services of their choice, which will be given primary
consideration. Communication of accessibility will be included in
City publicity announcements.
The City has a commitment to ensure equal opportunities for
disabled City employees. Every reasonable effort will be made to
provide an accessible work environment and additional accommoda-
tions, including auxiliary aids and services. Employment practices
(e.g. hiring, training, testing, transfer, promotion, compensation,
EMPLOYEE HANDBOOK
GENERAL SECTION 10 3
5. Personnel data card
6. Personnel action forms
• �� 7. Leave information
b. Temporary documents (Personnel). Documents which have
limited retention of three (3) calendar years or less unless
otherwise provided pursuant to labor agreement.
Examples include:
1. Administrative correspondence relating to
leave/vacation requests.
2. All other administrative documents of limited
informational life span.
3. Letters of appreciation or commendation.
3. Establishment of procedures for the release and accessibility
of information and audit of the personnel files.
a. Personnel treats as confidential all employee information
except when requested to verify information relating to job
title, department, base salary, and dates of employment.
b. Information contained in the personnel file (other than
items listed in Section 3a) will not be released to the public
without the express written permission of the employee,
provided, however, certain situations may arise where the City
as current or past employer has a duty to prospective
employers concerning such employee's character or medical
history, in which cases, pertinent information may be released
to the prospective employer without the permission of the
��JJ employee. However, an uc al information will be kept
Joinseparate from the employee Is personnel i e_
C. Access to information contained in the personnel file
,_/ , will be limited to the City Manager, City Attorney, Personnel
�t Specialist, respective department headsimmec7ia`te supervisor
e,A- and the individual employee. Files pertaining to employees
who are bonafide candidates of interdepartmental transfer will
be accessible by the prospective gaining department head.
d. Each employee folder will contain an entry log for
recording every person's access to the records and purpose.
EMPLOYEE HANDBOOK
GENERAL SECTION 10 10
SECTION 10-5
SUBJECT: UNION RIGHTS
PURPOSE: To establish a policy for union rights and procedures for
union activities.
STATEMENT OF POLICY:
The City recognizes the following unions as the exclusive
bargaining representatives for the designated employees of the
following bargaining units:
1. American Federation of State, County, & Municipal Employees,
Local No. 256
2. International Association of Firefighters, Local No. 547
3. Kalispell Police Association
All City employees have a right to belong to an appropriate
bargaining unit unless they are exempt as defined by law, or
exclusion by union contracts. Additional conditions of membership
are described in each labor contract.
Each bargaining unit separately negotiates contracts for its
employees with the City. Wages, benefits and conditions of
employment of union employees will be provided as specified in the
respective labor agreement. Employees are not granted time off with
pay to perform union activities unless specifically provided for in
the labor agreement. City equipment and facilit'es are not to be
used for union activity unless specs ically provided for in the ``__''.. nn
labor Bement r ve y t e City Manager on a case -bye ��X
case' asis . �---J
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
GENERAL SECTION 10 12
5. The City Manager will review the status of pending items with
the City Attorney on a periodic basis as needed.
6. A copy of all City Attorney opinions shall be maintained in
the City Attorney's office.
7. Claims for legal services which are rendered without the
approvals required herein may be denied.
PROCEDURES FOR TELEPHONE REQUESTS:
All attorneys in e City Attorneys office can be reached by
calling Extensio 7708, and asking for the particular attorney by
name. The addres s City Attorney's Office, P. 0. Box 1997,
Kalispell, MT.
If you are dealing with a particular attorney or know that a
particular attorney has been assigned a matter, you should call
that person directly.
For new or general matters, you should call one of the following in
the indicated order of priority:
1. City Attorney
2. Assistant City Attorney
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
GENERAL SECTION 10 14
SECTION 20-1
SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY
PURPOSE: To establish a policy to ensure equal employment
opportunity with the City and to outline procedures for action in
case of violation.
STATEMENT OF POLICY:
It is the policy of the City to ensure equal employment opportunity
for all employees and appointed representatives. This commitment
includes a mandate to promote and afford equal treatment and
services to all citizens, employees and City representatives, and
OjOto assure equal employment opportunity based on ability and fitness
to all persons regardless of race, relig* n, lor, creed, national
origin, sex, marital status, olitical affiliation, age, or the
presence of any sensory, mental, orccap unless such
disability effectively prevents the performance of duties required
by the position and which are bonafide occupational qualifications.
The goals and objectives of the Equal Employment Opportunity Policy
are to:
1. Ensure fair treatment and non-discrimination in City hiring,
City employment, and in appointments to and service on City boards
and commissions.
2. Provide compliance with state and federal equal opportunity
requirements and regulations.
3. Provide a basis for encouraging those who do business with the
City to practice Equal Employment Opportunity.
PROGRAM RESPONSIBILITY:
The Personnel Specialist shall serve as the Equal Opportunity
Officer to carry out the Equal Employment Opportunity Policy and
Program. The Officer shall be the focal point for the City's equal
opportunity efforts and shall advise and assist staff and
management personnel in all matters regarding implementation of and
compliance with the Equal Employment Opportunity Policy, and be
responsible for the successful execution of the program, utilizing
the assistance of appropriate state and community agencies. The
Equal Opportunity Officer will have responsibility to examine
existing internal policies or procedures which may serve as
barriers to implementing the Equal Employment Opportunity Program.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 15
SECTION 20-2
SUBJECT: NONDISCRIMINATION
PURPOSE: To establish guidelines for the promotion of fair
practice and nondiscrimination in activities relating to employment
and treatment of all citizens.
STATEMENT OF POLICY:
The City of Kalispell shall promote and afford equal treatment and
service to all citizens and to assure that all applicants are given
equal employment opportunity with rd tom--= ligion,
creed, color, national origin, age, olitical affiliation, sex,
marital status, or the presence of any sen—rry','lfie to a , or physical
disability unless such disability effectively prevents the
performance of duties required by the position and which are
bonafide occupational qualifications. The City shall operate
within the principles of equal employment opportunity and
affirmative action guidelines set forth in federal, state and local
laws and regulations.
All activities relating to employment including recruitment,
testing, selection, promotion training and termination shall be
conducted in a nondiscriminatory manner.
'he City of Kalispell will cooperate fully with all organizations
.nd commissions organized to promote fair practices and equal
!mployment opportunity.
EFFECTIVE: Immediately
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 21
DATE: May 3, 1994
however, employees are encouraged to exhaust the City's
administrative remedies before consulting outside agencies.
PROCEDURE:
1. In any case in which the supervisor is witness to or con-
fronted with a situation of harassment, the supervisor shall
immediately notify the offending party that harassment is not
appropriate and will not be tolerated. Ultimate disciplinary
action will await completion of the reporting procedure.
2. An employee subjected to any form of harassment should report
such activity to his/her non-involved supervisor, department head,
Personnel Specialist or directly to the City Manager.
3. A supervisor is required to report harassment cases to his/her
department head, who, in turn, is required to report the matter to
the Personnel Specialist. Such reports to a superior and to the
Personnel Officer are to be made regardless of how knowledge of the
case was acquired.
4. The Personnel Specialist shall investigate and submit to the
City Manager a report setting forth the facts of the case and a
recommendation for action.
5. The results of the investigation and the nature of the
disciplinary action will be communicated by the City Manager's
Office to both the complainant and the offender as well as the
affected department head or Supervisor. Either party may appeal
the decision through the normal grievance procedure if it is felt
the findings were incorrect or disciplinary action inappropriate.
6. Regardless of the ultimate disposition of the complaint, no
retaliatory conduct against the complainant will be tolerated.
7. The City Manager will be responsible for ensuring that a
proper follow up investigation is conducted to determine whether
any recurrences of harassing conduct have occurred or retaliatory
action has taken place.
DISCIPLINARY ACTION:
An employee who harasses another employee or member of the public
may be subject to the full range of disciplinary action, including
discharge.
EFFECTIVE: Immediately DATE: May 3, 1994
t
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 23
6. Compensatory time may be accrued, taken or cashed in at the
discretion of the City. Employees may accumulate up to 240 hours
of compensatory time, with the exception of public safety
employees, who may accumulate a maximum of 480 hours.
(Compensatory time policy is under review and subject to change.)
7. Supervisors may require that compensatory time be taken at a
time so as not to disrupt the operation of the unit. Supervisors
may require employees to take overtime in lieu of compensatory.
Compensatory time will be paid if a balance exists at the time an
employee terminates, or at a time agreed upon by the supervisor and
employee, subject to the City Manager's approval.
LIMITATIONS:
This policy shall not apply to employees whose labor agreement
provides for a different work period, specifically police officers
and firefighters.
This policy does not apply to executive, professional,
administrative, and all other employees who are exempt from the
FLSA, unless otherwise provided by labor agreement. The following
employee classifications are currently considered exempt from FLSA:
1. Elected Officers of the City
2. City Manager
3. City Attorney
4. Fire Chief
S. Assistant Fire Chief
6. Police Chief
7. Assistant Police Chief
8. Director of Public Works
9. Assistant City Engineer
10. Assistant City Attorney /
11. Design Technician/Project Manager v
12. Public Works Superintendent v
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 27
13. Surveyor
14. Wastewater Treatment Plant Manager --�'
15. Director of Planning, Economic and Community Development
16. Building Official 6--__
17. Housing Division Manager
18. Planning & Redevelopment Division Manager t�
19. Zoning Administrator t/
20. Director of Parks and Recreation
21. Finance Director
22. Assistant Finance Director
23. Personnel Specialist C�
The Finance Department reviews what an employee does and compares
the duties and responsibilities to the test provided by the Fair
Labor Standards Act (FLSA) to determine the "exempt" or "non-
exempt" status of all employees.
OVERTIME ON SUNDAY:
When overtime is ordered on a Sunday and the employee is not
scheduled to work, the employee will be compensated at two times
his/her regular rate of pay. All other hours worked over 40 in a
week will be paid at 1-1/2 times the employee's regular rate.
"Sunday" is the only double-time day. No other day will be
considered as a "Sunday" or a double-time.
HOLIDAYS AND OVERTIME ON HOLIDAYS:
1. Holiday Pay for Holiday Worked:
A holiday is defined as being any 8-hour period of scheduled work
time identified by State law. When an employee is ordered to work
on a city -recognized holiday, he/she will be paid straight time for
all the hours worked. In addition, straight time will be paid for
eight hours to cover the normal day which has been identified as a
holiday.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 28
SECTION: 20-8
SUBJECT: PROBATION PERIOD
PURPOSE: To establish policy and procedure for the probation
period for new employees and current employees who transfer to a
new position.
STATEMENT OF POLICY:
All employees must serve a period of probation. Exempt management
and confidential employ es, police officers, and firefighters -serve
a pro ation of one year; all other employees serve a six month
probation unle�he- w se defined by a labor contract.
The probation period is designed to give the employee time to learn
the position and to give the supervisor time to evaluate the
employee's potential and performance. Probationary employees will
be formally evaluated at three (3) months of employment and one
month prior to completion of their probationary period. During the
established probationary period, the City reserves the right to
terminate the probationary employee's service on the basis of
unsatisfactory performance or on the basis of other reasons deemed
sufficient by the City, provided, however, the employer shall not
discharge or otherwise discipline an employee for protected union
activity.
If an employee is unable to perform the work, the person must be
terminated as early as possible. Early termination saves the City
a time and dollar investment and saves the employee possible
embarrassment and frustration. Rejected probationers shall be
notified of such action in writing by the department head at any
time during the probationary period and a copy of said notification
shall be retained in the personnel files.
At the end of the probation period, the employee is formally
evaluated and provided written documentation of progress. Other
evaluations, as noted above, will be conducted during the course of
the probation period to assess performance and to advise employees
of expectations regarding performance. Significant job
deficiency(ies) shall be documented in the employee's personnel
file. These evaluations provide the necessary justification for
retention of the person as a regular employee.
Under unusual circumstances, the probationary period may be
extended. This is only after an evaluation of the situation, the
employee's abilities, and demonstrated potential. Probation
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 32
5. The Personnel Specialist (or designee) will screen active
application files for possible candidates. These candidates will
be contacted to determine current interest in City employment prior
to the closing date listed on the employment notice.
6. The City does not, under normal circumstances, use the
services of any private employment agency, either employer or
employee paid.
7. Applications shall be submitted to the Personnel Specialist
using City Employment Application forms. When the position being
recruited is of a professional nature, the City Manager may allow
a resume' to substitute for the City application form provided all
information required on the application form is obtained from those
who are interviewed for the position. If applicant wishes to be
considered for more than one position for which he/she may be
qualified, separate applications or resumes, must be submitted for
each position. In-house candidates interested in applying for
another position within the City should follow procedures as
outlined in the policies on TRANSFERS, or PROMOTIONS.
-�Y► 8. No applications for a position are accepted after the
published closing and/or receipt date. If there are not sufficient
qualified candidates at the closing date, the position is re -opened
and re -advertised.
9. The Personnel Specialist will screen all applications received
to determine qualification for the position to be filled.
Applications of top candidates will be forwarded to the affected
department for final review and comment prior to scheduling
candidates for interviews.
10. Applicants may be disqualified for consideration for
employment when any of the following facts exist:
a. They do not possess the qualifications for the job.
b. They have demonstrated an unsatisfactory employment
record or personal record as evidenced by information
contained on the application form or by the results of a
reference check.
C. They have made false statements of any material facts or
practiced deception in their application.
d. The applicant
prescribed by law.
tEMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20
is not within the
38
legal age limits
2. No reference check or background investigation will be
conducted without first notifying the applicant of the
investigation.
3. Certain positions may be designated by the Personnel
Specialist to undergo a thorough background check by the Police
Department or other designated individual/agency.
4. Results of the reference check and/or background check will
help determine the applicant's fitness for the position.
5. A recommendation for conditional offer of employment will be
forwarded to the City Manager for final approval to extend such
conditional offer.
APPLICANT NOTIFICATION OF CONDITIONAL OFFER OF EMPLOYMENT:
1. Any individual receiving a condition offer of employment must
demonstrate that he/she is physically, mentally or otherwise able
to perform the essential duties of the position prior to beginning
work.
2. After references are verified and a final decision reached,
the Personnel Specialist notifies the candidate of his/her
selection, makes an employment offer, and requests that the offer
be accepted or rejected within a set number of days.
�D 3. If the conditional offer is rejected or if the offeree is
otherwise unable to perform essential job duties, it will be
decided whether to hire another candidate or to re -open the
position.
4. Once a candidate accepts the conditional employment offer, and
the City has determined the candidate to be qualified in all other
respects, all other candidates are then notified in writing that
they were not selected for the position.
APPOINTMENT:
1. For all positions, an employment confirmation letter is
forwarded to the final accepting candidate outlining the terms of
employment. The letter is prepared and mailed by the Personnel
Specialist in cooperation with the affected department.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 41
SECTION 20-13
SUBJECT: EMPLOYEE TERMINATION AND EXIT PROCESS
PURPOSE: To establish procedure for employee termination with the
City by service or disability retirement, resignation, discharge,
probation period termination, or layoff. The procedures are
designated to provide the least disruption and inconvenience to the
employee and the City.
STATEMENT OF POLICY:
Definitions:
Resignation: Resignation is a termination action which is
initiated by the employee.
Retirement: Retirement is a termination action which is initiated
by an employee who meets the basic eligibility requirements of
his/her appropriate retirement system.
Discharge: Discharge is a termination action which is a result of
employee misconduct.
Reduction -in -Force: Reduction -in -force is a termination action
which is a result of insufficient funds and is not a disciplinary
action.
Resignation:
1. An employee who intends to resign from a position with the
City must submit a letter of resignation to his/her supervisor
stating the effective date and the reason for the resignation.
2. Employees are requested to give at least 14 days notice before
leaving. Department heads are asked to give at least 30 days
notice.
Failure to comply with this policy may be cause for denying an
employee future re-employment.
3. The employee will receive an exit interview with his/her
supervisor or the Personnel Specialist. At the time of the exit
/t interview all City property must be returned to the department. A
} final paycheck will be issued by the City on the next regular
payday for the pay period during which the employee resigned or 15
days following the effective date of resignation, whichever occurs
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 43
this letter prior to leaving City employment and will receive
a written copy of the City's grievance policy.
b. All actions will be conducted in accordance with state
laws and regulations.
C. In the event an employee is discharged by reason of an
allegation of theft of property or funds received in
connection with the employee's work, the City may withhold a
sufficient amount from the employee's final paycheck to cover
the value of the theft, if:
i. the employee agrees in writing to the withholding;
or
ii. the City files a report of the theft with the local
law enforcement agency within seven days of the date of
discharge and appropriate charges are filed in a court of
competent jurisdiction within 15 days of the filing of
the report.
d. In cases of discharge not involving allegations of theft,
the discharged employee's final paycheck will be issued by the
City on the next regular payday for the pay period during
which the employee was discharged or 15 days following the
effective date of discharge, whichever occurs first. The
final paycheck will be issued either through regular pay
channels, or by mail if requested by the employee.
2. Reduction -in -Force
a. No regular employee may be laid off when there are
emergency, provisional, temporary, or probationary employees
in the class of work affected by the reduction in work force.
b. Department heads must give an employee at least 30 days
notice.
C. Employees who have been separated due to a reduction -in -
force shall have priority in re-employment up to one year from
the date of termination if prior performance was satisfactory.
d. Group health will remain in effect until the end of the
policy month unless the employee elects to continue coverage
under the COBRA law. An explanation of the employee's rights
under COBRA will be provided by the Personnel Specialist.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 45
Do�
i' e. Reductions -in -force will be conducted in a manner which
complies with employee rights guaranteed by the Veterans'
Public Employment Preference law, M.C.A. §§ 39-29-101 et seq.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 46
It is the responsibility of each supervisor and department head to
evaluate thoroughly the circumstances and facts as objectively as
possible and then apply the most suitable form of discipline.
Types of disciplinary action may include:
Oral warning - This type of discipline should be applied to
infractions of a relatively minor degree or in situations where the
employee's performance needs to be discussed. The oral warning
should be given in private, subject to employees' rights of
representation. Supervisors should inform the employee that the
supervisor is issuing an oral warning, that the employee is being
given an opportunity to correct the condition, and if the condition
is not corrected, the person will be subject to more severe
disciplinary action.
t A notation that an oral warning was given should be made in the
employee's personnel file and shall be removed after twenty-four
monthsof the warning.
Written Reprimand - This notice will be issued in the event the
employee continues to disregard an oral warning or if the
infraction is severe enough to warrant a written reprimand in the
employee's personnel file. written reprimand notices must be
issued within ten days after the occurrence of the violation
claimed by the supervisor.
` The reprimand shall state the nature of the infraction in detail
and what corrective action must be taken by the employee to avoid
further discipline.
A copy of the written reprimand is to be handed to the employee at
the time of the discussion of the discipline.
The employee shall sign the written reprimand to acknowledge
receipt. A copy, signed by the employee, will be placed in the
employee's personnel file. If the employee refuses to sign the
acknowledgment, then the supervisor and one other witness shall
note on the reprimand that the employee received a copy thereof and
refused to sign it.
Suspension - This form of discipline is administered as a result of
a severe infraction of policies or for repeated violation. For
minor infractions, a suspension is often given after the employee
has received a written reprimand.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 66
SECTION 40-12
SUBJECT: SMOKING POLICY FOR CITY EMPLOYEES WITHIN CITY -OWNED
FACILITIES
PURPOSE: To respond to the increasing evidence that tobacco smoke
creates a danger to the health of persons who are present in a
smoke -filled environment and to establish City policy to regulate
the use of smoking materials by City employees while on duty.
Every attempt will be made to obtain to the greatest extent
possible, freedom for the nonsmoker from the harmful effects of
smoking materials, while preserving a reasonable degree of freedom
for those who choose to smoke.
STATEMENT OF POLICY:
"Smoke" or "smoking" as used in this policy shall mean and include
the smoking or carrying of any kind of lighted pipe, cigar, or
cigarette.
Smoking will be restricted to designated areas as established by
the City Manager. The following areas have been so designated
provided that the resulting smoke does not affect non-smoking
employees or the public:
Fire Department:
Police Department:
City Vehicles:
Hose Tower
Detective Offices by suspects or
prisoners only; excludes detectives.
No smoking in City vehicles when a
nonsmoker is present.
Smoking shall further be prohibited in City Hall, including all
counter areas frequented by the general public, in all meeting
rooms used by City staff, in all stairways and restrooms, and in
all work areas where nonsmokers and/or sensitive equipment may be
subject to the effects of smoke.
Areas designated for smoking may change from time to time to meet
the needs of the City and desires of its employees and the public.
In the event there is a conflict about the establishment of a
smoking area, the right of the nonsmokers to breathe clean air free
from harmful smoke shall supersede the right to smoke.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 74
SECTION 40-15
SUBJECT: DRUG FREE WORK PLACE
PURPOSE AND INTENT:
Employees and the City have a mutual obligation to ensure a safe
and healthy work environment. This policy is instituted to assure
that the work place be free of employees whose job performance may
be impaired by the abuse of drugs and/or alcohol.
The employer recognizes that drug and alcohol abuse may be
considered treatable illnesses and to the extent possible the
response to these illnesses may be treatment and rehabilitation.
It is recognized that the consumption of alcohol or drugs to the
point that employees are unable to perform their jobs safely and
effectively cannot be tolerated.
It is recognized that when employees have placed themselves in a
situation where their ability to perform their jobs is impaired by
drugs or alcohol that it is the responsibility of the parties to
remove such employees from the work environment to prevent the
endangerment of the employee, fellow employees and/or the public.
The City recognizes employee concerns of personal privacy and that
drug or alcohol testing may be used in cases where questions of
impaired job performance are in,:;11ved. Adverse action against an
employee for off -duty conduc mof be taken unless such conduct
directly impairs the employe s on-the-job performance or the
ability to perform his/her job.
PROHIBITED SUBSTANCES:
1. Drugs shall be defined as those substances whose dissemination
is regulated by law, including but not limited to narcotics,
depressants, stimulants, hallucinogens, cannabis, and alcohol.
This definition shall include over-the-counter drugs and/or drugs
that require a prescription or other written approval from a
licensed physician or dentist for their use. The drugs that are
included in these categories are as follows:
a. alcohol
b. cannaboids/marijuana
C. cocaine
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 78
6. In cases where immediate termination is not warranted, the
employee will be placed in an unpaid rehabilitation leave status.
The employee shall be evaluated and a recommended appropriate
treatment shall then be arranged. Where appropriate the employee
shall be referred to a treatment program agreed upon by the Union
and the Employer. Once the inpatient part of the program has been
completed, the employee may be re-employed but only with a written
release from a physician. Where it is prescribed by a physician
and/or a treatment program, drug testing may be included as a part
of that treatment program. An employee who is returned to work as
provided for under this procedure who fails to comply with any of
the terms of an agreed upon treatment and/or return to work
agreement may be subject to the full range of disciplinary action,
including termination.
7. An employee who is the subject of an investigation related to
substance abuse may have a union representative or another employee
present during the investigative procedures outlined above.
Disciplinary actions taken by the City under this procedure shall
be subject to the Grievance Procedure of the Labor Agreement.
8. The City may utilize both urine and blood tests for
verification. The "enzyme -immunoassay" (EMIT) and "gas chroma-
tography mass spectrophotometry" (DC -MS) test method shall be used
;rJin a laboratory agreed upon by the employee and the City. The City
shall pay for the costs of all initial tests and medical
examinations carried out under this procedure. The City shall
maintain confidentiality of test results to the extent possible.
9. The City, the employee and the union, where applicable, shall
work cooperatively to facilitate the resolution of problems that
arise under the administration of this policy. When appropriate,
the employee and the City shall enter into joint agreements that
establish the form of treatment and the conditions that will be
imposed for the return of an employee to the work place. If the
conditions for returning to work include a negative drug or alcohol
test, the costs of such follow-up testing shall be borne by the
affected employee.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11, 2000
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 81
SECTION 50-2
SUBJECT: POSITION CLASSIFICATION PAY
STATEMENT OF POLICY:
All department head and non -union positions including technical,
professional, and managerial positions are included in the City's
Position Classification and Pay Plan.
�he pay structure provides for(Dpay ranges to cover all of the
non -represented positions. Entry level amounts for the pay ranges
are 5% apart. The width of the ranges is 33%, which reflects the
average of the pay ranges for all organizations at the time of the
survey. An individual would normally be hired at the beginning of
the pay range, and move progressively through the range if he/she
earns satisfactory or better performance evaluations. It should be
noted that the City still needs to retain flexibility in recruiting
for highly specialized technical, professional and managerial
positions. In such cases, the City retains the ability, subject to
management authorization, to negotiate and offer the qualified
candidates up to 15% above these recommended entry rates.
Each position has a job description and quantitative job evaluation
which determines the classification that the position is assigned.
The Factor Evaluation System (FES) was developed by an independent
consultant. The factor evaluation system allows each and every
position to be reviewed and evaluated in comparison with every
other position in the classification system. Each position will
have a numerical score. All new positions will be point factored
using the FES.
Point factor results are linked with market survey data.
Benchmarks were selected to represent a cross-section of positions
along the salary continuum. Survey data points represent points
along a pay line from the lowest to the highest rated position in
the system. This dual system provides factor evaluation for
internal equity and market survey for external competitiveness.
Market studies shall be updated every three (3) years.
EFFECTIVE: Immediately
LAST REVISED:
DATE: May 3, 1994
[Note: Seriously consider eliminating the underlined language and
replacing it with a policy that permits greater management
flexibility.]
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 100
SECTION 50-8
SUBJECT: PROMOTIONS
PURPOSE: To establish a policy for application and appointment to
vacant positions by current employees.
STATEMENT OF POLICY:
G The City attempts to fill all vacant positions with qualified City
` employees, following a policy of upward mobility whenever possible.
Employees are encouraged to apply for any vacancy for which they
may qualify in accordance with the Administrative Policy on HIRING
PROCESS.
Selection of an employee for a promotion (or lateral transfer) is
based on past work record, education, knowledge of the job duties,
as well as time in service.
When considering the promotion (or lateral transfer) of City
employees having the same or similar qualifications, the position
will be filled after considering the factors listed above.
In cases where only one employee applies for a position and the
person's abilities and qualifications are known to the hiring
department, the formal selection process may be dispensed with upon
concurrence of the Personnel Office.
No offer of promotion may be made to any employee prior to
completion of the recruitment and selection process. Temporary
assignments may be made by the department head for a specified time
or assignment as necessary. Such appointments are made on "acting"
basis and the employee returns to his or her regular position upon
completion of the assignment. The actual salary for "acting"
appointments is set by the department head in consultation with the
Personnel Office, pursuant to the Administrative Policy on WORKING
OUT -OF -CLASSIFICATION.
Unless otherwise provided by union contract, whenever an employee
is promoted to a higher position, or whenever an employee's
position is upgraded, said employee will enter the new
grade/position at the entry level of the new position. In the
event the entry level step of the new or upgraded position does not
provide a salary increase of 5% or more, the employee shall enter
at the next closest step which provides a salary increase of 5% or
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 106
SECTION 50-10
SUBJECT: TRANSFERS
PURPOSE: To establish a policy for lateral transfers by City
employees.
STATEMENT OF POLICY:
1 openings for City positions will be posted for a minimum of
seven calendar days at each City facility.
Any current employee (regular part-time or regular full-time)
interested in applying for a transfer must file a completed City
application form with the Personnel Office in accordance with
instructions listed on the employment opportunities notice.
If the employee meets the stated requirements for the position
he/she may proceed through the regular hiring procedures with all
other applicants as described in the Administrative Policy on
HIRING PROCESS. Transfers are made only when the City's service
will benefit. Current City employment is one factor which may be
considered in determining who will be selected to fill open
positions.
The personnel file of the transfer applicant will be made available
to the department head responsible for filling the open position.
If the current employee is selected, his/her department head will
be advised prior to the offer being made to the employee.
If the employee accepts the position, it will be the responsibility
of the two department heads, along with the employee, to reach
agreement on a transfer date. In the event satisfactory agreement
cannot be reached on this matter, it will be forwarded to the City
Manager's Office for a decision. Every effort should be made to
accomplish the transfer within two weeks of the offer's acceptance.
The salary offered to the employee must be consistent with the
salary and requirements of the new position. Thus, an employee who
meets only the minimum requirements for the position will be
started at the bottom of the salary range regardless of the
employee's current salary. Employees who exceed the minimum
requirements for the position may be offered a salary consistent
with the employee's level of skills, experience, and knowledge.
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 110
SECTION 50-11
SUBJECT: WORKING OUT OF CLASSIFICATION PAY
PURPOSE: To define and delineate circumstances when an employee
will receive compensation for the performance of duties in a higher
classification than he/she normally performs.
APPLICABILITY:
The provisions of this policy apply to all employees of the City
unless existing labor contracts specifically provide for a Working
Out of Classification procedure.
STATEMENT OF POLICY:
1. Compensation for working out of classification is provided as
monetary recognition to an employee for the assumption and
performance of duties normally performed by an employee of higher
classification.
2. The assumption and performance of the duties of the higher
classification must encompass the full range of responsibilities of
the higher classification. This shall not apply to temporary
assignments which are made pursuant to prior mutual agreement
between the employee and his or her immediate supervisor for the
purpose of providing a training opportunity to the employee for a
mutually agreed upon period of time, or for temporary absences of
the superior such as vacation leave or sick eave.
3. Except as provided in paragraph 2 above, the performance of
such duties must be for an extended period of time, wherein a need
exists to fulfill the duties and responsibilities of the vacant
position. An extended period of time is generally considered as an
assumption of duties and responsibilities that will last in excess
of two (2) work days.
4. Working out of classification compensation shall be allowed
only after written recommendation of the department head and
concurrence by the Personnel Officer. Recommendation and
designation shall be accomplished prior to the assumption of higher
classification responsibilities.
5. The employee's compensation will be increased to the starting
salary of the higher classification in which the employee is
substituting.
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 112
SECTION 50-14
SUBJECT: PAY PERIODS
PURPOSE: To establish a uniform pay period schedule for City
employees.
STATEMENT OF POLICY:
It is the goal of the Finance Office that each employee receive
correct paychecks on a consistent schedule.
1. Payments shall be made as directed by the City Manager.
Although pay periods for individual departments may be different,
all employees shall be paid at least monthly for the preceding
month of employment.
TIME REPORTING PROCEDURE:
1. Employees are responsible for completing their time report
forms and giving them to their supervisors at the end of the pay
period. Employees should make sure that their time sheet is
correct before they sign it.
2. Supervisors are responsible for certifying that time reports
are correct by signing every time sheet.
3. a. Time report forms for employees paid on a monthly basis
are due in the Finance Office on the 20th of the month.
b. Time report forms for employees paid on a biweekly basis
are due in the Finance Office of the Monday following the
Sunday completing the work period for the respective
employees.
4. a. Paychecks for employees paid on a monthly basis are
issued on the 25th of the month. If the 25th falls on a
weekend, paychecks will be distributed on the Friday
preceding, by 4:00 p.m.
b. Paychecks for employees paid on a biweekly basis are
issued on the second Tuesday following the Monday when time
reports are due in the Finance Office.
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 116
SECTION 50-15
SUBJECT: PAYROLL DEDUCTIONS
PURPOSE: To define required and voluntary payroll deductions for
City employees.
STATEMENT OF POLICY:
The following deductions are required by law from each employee
paycheck:
1. Federal Income Tax withholding
2. State Income Tax withholding
3. Social Security/Medicare
4. Retirement contributions (eligible employees only)
5. Deduc inns thorized or required by law, such as garnishments
and c d support pa
Additional deductions which are optional and may be requested by
the employee include:
1. United Way contributions
2. Whitefish Credit Union
3. Flathead Government Employees Federal Credit Union
4. Deferred compensation
S. Union Dues and Association Dues
6. City Health
7. Capitol Insurance
8. Colonial Insurance
9. Ch�rismas Club
With each paycheck, the City employee receives a statement of
deductions and earnings which itemizes the various deductions made,
as well as appropriate cumulative totals. A record of sick leave
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 118
letter from the employee's former agency, certifying the time
worked must be submitted to the Personnel Specialist to receive
credit for prior time.
The employee must have been eligible to earn leave at the former
agency in order to have the time counted.
QUALIFYING WORK PERIOD:
An employee must be continuously employed for the qualifying period
of 6 calendar months to be eligible to use vacation leave. Unless
there is a break in service, an employee is only required to serve
the qualifying period once. After a break in service, an employee
must again complete the qualifying period to be eligible to use
annual vacation leave. "Break in service" is a period of time in
excess of five (5) working days when the person is not employed by
the City of Kalispell.
VACATION LEAVE REQUESTS:
Employees must arrange the times for taking vacation leave in
advance with their supervisor. Where the interest of the City
requires the employee's attendance, the City's interest overrides
the employee's.
EFFECT OF EXTENDED LEAVE OF ABSENCE WITHOUT PAY ON QUALIFYING
PERIOD:
If an employee has not worked the qualifying period of 6 months and
takes an approved continuous leave of absence without pay exceeding
15 working days, the amount of time on leave of absence will not
count toward completion of the qualifying period. The leave of
absence exceeding 15 working days is not a break in service and the
employee will not lose any accrued annual leave credits or lose
credit for time earned toward the qualifying period. An approved
continuous leave of absence without pay of 15 working days or less
will be counted as time earned toward the 6 month qualifying
period.
MAXIMUM ACCRUAL OF VACATION LEAVE CREDITS:
Annual vacation leave may be accumulated to a total not to exceed
two times the maximum number of days earned annually as of the end
of the first pay period of the next calendar year. Excess vacation
time is not forfeited if taken within 90 calendar days from the
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION
SECTION 60
121
SECTION 60-5
SUBJECT: ABSENCE WITHOUT LEAVE
PURPOSE: To establish a policy of absences from work without
permission.
STATEMENT OF POLICY:
"Absence without leave" is defined as any period of time away from
an employee's job which is not approved by the employee's
supervisor or other appropriate authority.
Employees are required to notify their supervisors or other
appropriate department authority of the reason for absences as soon
as possible. Failure to follow this policy is grounds for
disciplinary action.
Extended absence witneewil
e is considered to be abandonment of
position and an empl be terminated."Extended absence"
shall be defined as fonsecutive working days, for purposes
of this policy.
EFFECTIVE: Immediately
LAST REVISED: May 11, 2000
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION
SECTION 60
131
DATE: May 3, 1994
2. Each eligible employee shall be entitled to 12 weeks of FMLA
leave for each fiscal year.
3. FMLA leave shall be recorded on time cards as it is taken. In
the event that FMLA leave is paid leave from accrued vacation or
sick leave, it shall be recorded as both by the Personnel
Specialist.
4. Use of sick leave which qualifies as FMLA leave under this
Section will also be treated as FMLA leave and deducted from the
employee's entitlement for the fiscal year in which such leave is
taken.
LENGTH OF MATERNITY LEAVE:
In approving a maternity leave of absence, the City shall not be
required to grant any maternity leave more than six (6) months in
duration or permit the employee to return to her employment prior
to the date designated in the approved maternity leave. The
employee sha11 be notified in wrid1aq of the City's determination
of the length of maternity leave granted, which shall e determined
giving due regard to the treatin m is recommendation
for leav 1 necessary to proper medical care of an ill or
disabled patient.
EXTENDED LEAVE OF ABSENCE:
With the approval of the City Manager, regular full-time and part-
time employees shall be entitled to take a leave of absence without
pay for up to twelve (12) weeks for the death of a spouse or child.
[016:13
The City Manager may grant up to twelve (12) weeks leave without
pay to an employee for miscellaneous reasons including the
extension of an employee's vacation. This leave will be granted
only upon written recommendation of the department head and request
for such leave shall be made one month in advance. The department
head may grant up to five working days of leave without pay under
this Section.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11, 2000
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION
SECTION 60
139
SECTION 70-6
SUBJECT: EMPLOYEES SAFETY AND HEALTH COMMITTEE
PURPOSE: To provide a mechanism to evaluate accidents, practices,
resources, and issues and to make recommendations which promote and
maintain a safe and healthy working environment for City employees,
protect the public's resources, and reduce City exposure to risk
and loss.
STATEMENT OF POLICY:
It is the policy of the City to promote a safe and healthy
environment in the City Government.
SAFETY COMMITTEE:
The Safety Committee will be composed of six employees appointed by
the City Manager as follows:
1. Two (2) department heads, two (2) first line supervisors and
two (2) foremen or chief operators, with at least one member being
from the Police or Fire Department.
C
=officio Permanent Members: City Attorney o sistant Cityjand Personnel Specialist.
m for each member will be two (2) years with at least two
members overlapping to avoid all new members every two years.
DUTIES OF SAFETY COMMITTEE:
1. To administer the City Safety Program.
2. Provide necessary training to all employees based on needs and
requests from departments.
3. Make annual on -site visits to departments for the purpose of
reviewing safety procedures, practices, equipment, etc.
4. Accident Investigation
At least two (2) members of this committee (one department
head and one supervisor) will investigate all serious injuries and
vehicle accidents. This includes injuries where hospitalization is
required, death, and vehicle accidents which resulted in major
damage and/or injuries.
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RISK SECTION 70 146
9. Assist supervisors in their investigation of any accident of
which they have knowledge; accident investigation is fact finding,
not fault finding.
10. Refrain from smoking in "no smoking" areas.
11. Refrain from operating, modifying, adjusting or using
equipment in an unauthorized manner.
The Employees' Safety and Health Committee meets quarterly to
review accidents that have occurred, discuss recommendations for
improved safety and formulate safety rules and procedures
Safety bulletin boards will be provided for the display of safety
meeting minutes, safety posters and other safety education
material. A safety bulletin board will be maintained at each City
facility.
Employees are encouraged to provide safety material for the safety
bulletin board and safety meetings.
Safety complaint/suggestion forms are available from the members of
the Safety and Health Committee.
If medical care is requested by a citizen or person visiting a City
facility, Emergency Services should be called at 911. All
incidents should be reported via the Incident Report and filed with
the Personnel Specialist as soon as possible.
The City maintains Worker's Compensation Insurance to cover work -
re ted_cidents/illnesses incurred by City employees when on
duEy. ----L-i—zzlsurance is carried to cover accidents to
citizens and visitors if there is negligence by staff or the City.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
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RISK SECTION 70 156
SECTION 80-1
SUBJECT: TRAVEL EXPENSES WHILE ON CITY BUSINESS
PURPOSE: To establish policy guidelines on City reimbursement for
expenses while on City business.
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.
APPROVAL FOR TRAVEL:
Employees traveling on City business must have approval by the
department head and City Manager prior to leaving.
PAYMENT FOR TRAVEL EXPENSES:
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.
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.
REIMBURSABLE EXPENSES:
1. One -day travel expenses
W�
a. 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.
b. 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 may be used for
fuel.
2. Multiple -day travel expenses
a. Mileage (at I.R.S. allowed rate), meals, actual lodging
costs subject to the City Manager's approval (for employee
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 169
SECTION 80-3
SUBJECT: LAWSUITS AGAINST THE CITY
STATEMENT OF POLICY:
The Mayor, City Manager, or Finance Director are the only autho-
rized employees to accept any legal process served against the
City. If an employee is approached by a process server, the
employee should direct the server to the Finance Director without
signing anything.
An employee should not dis y t of a situation that is
subject to a lawsuit o earing without fi t consulting with the
it /City Attorney or ssistant City Attorne and the affected
employee's supery sor �
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 12. 2000
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MISCELLANEOUS SECTION 80 173