2. Resolution 4832 - Personnel Handbook AmendmentsCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, NIT 59903-1997
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
SUBJECT: Changes to Personnel Policy Handbook
Tel 406.758.7708
Fax 406.758.7771
charball@kalispell.com
MEETING DATE: Monday, September 15, 2003 Council Meeting
BACKGROUND: As time goes by it becomes necessary to provide updates to the
Kalispell City Personnel Policy Handbook. Laws change and situations arise that
cause the City to reevaluate the policies that apply to its personnel. We have
recently completed such a reevaluation and request that Council approve certain
changes to the handbook. Most changes are minor such as the acknowledgment
that the "assistant" attorney now bears the title of adjutant attorney. Some are
new, such as the policy on the employee use of the internet and early return to work
(modified work or work schedule to accommodate the otherwise convalescing
employee). Other changes are the reflection of new law such as the additional
language regarding HIPAA requirements.
There were a couple of questions raised at the workshop on this item on
September 81h. The first question had to do with the Personal Day that was
requested by management to seek consistency with our union contracts. This issue
was analyzed by the Attorney General in 1980 at 38 Op. Att'y Gen. No. 116. He
determined that such a provision contravenes no statutory determination of
employee benefits nor does it suggest that an employee may accumulate personal
days as vacation. We have added language requested by Council to require one-
year service as a prerequisite for the benefit.
The second question raised was whether the City could legally "exchange" the
Columbus Day holiday with the day after Thanksgiving. The answer is "yes", it
may. The legal holidays for the state are set out at MCA 1-1-216 and Columbus
Day is included within this list. The Administrative Regulations which administer
this code sets out at A.R.M. 2.21.627 that the "management reserves the right to
require an employee to work on the day a holiday is observed. The employee shall
be compensated for work performed on a holiday, in addition to holiday benefits."
Personnel Policy Memorandum
September 9, 2003
Page - 2
A.R.M. 2.21.636 states, "If the holiday benefit is a paid day off to be taken at a later
date, the employee shall receive pay at the regular rate for every hour worked on
the holiday." Put in much simpler terms, if City Hall chooses to be open on
Columbus Day and pay its employees for working that day, it may opt to give its
employees a paid holiday on the day after Thanksgiving.
Finally, the question was raised regarding the source of the vacation day
accrual numbers. MCA 2-18-601 defines "agency" as "any legally constituted
department, board, or commission of state, county, or city government or any
political subdivision of the state." MCA 2-18-612 requires that "vacation leave
credits are earned at a yearly rate calculated in accordance with the following
schedule, which applies to the total years of an employee's employment with any
agency whether the employment is continuous or not:
Years of employment Working days credit
1 day through 10 years 15
10 years through 15 years 18
15 years through 20 years 21
20 years on 24 "
RECOMMENDATION: That Council consider the requested changes in the City
of Kalispell Personnel Policy Handbook and pass the resolution approving such
changes.
FISCAL EFFECTS: The overall fiscal effects of the requested changes should be
positive.
Respectfully submitted,
Chafesj ball, City Attorney
LL-t-42L"-
Chris Kukulski, City Manager
Office of City Attorney
City of Kalispell
RESOLUTION NO. 4832
A RESOLUTION REVISING RESOLUTION 4561, 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, on June 19,2000, the City Council adopted Resolution No. 4561, 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, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION I. That the Personnel Policies Handbook dated June 19, 2000 is hereby
amended.
SECTION 11. That the Revised Personnel Policies Handbook presented to the City
Council on September 15, 2003, is hereby adopted as the official
Personnel Policies Handbook for all employees of the City of Kalispell,
Montana.
SECTION 111. This Resolution shall become effective immediately upon its passage by
the City Council.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk
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:
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 employee. However, any such medical information will be kept
separate from the employee's personnel file and will only be released in accordance with the
Health Insurance Portability and Accountability Act of 1996, P.L. 104-191 (HIPA& and
federal regulations promulgated thereto.
C. Access to information contained in the personnel file will be limited to the City
Manager, City Attorney, Adjutant City Attorney, Personnel Specialist, respective department
heads, immediate supervisor 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.
4. Items not included in the Official Personnel File and/or Official Finance Department records
of the City may not be used for either promotional or disciplinary proceedings, unless the employee
falsified time and information.
5. This policy will be periodically reviewed to ensure compatibility with current accepted
personnel procedures.
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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 the City Attorneys office can be reached by calling Extension 7708 and asking for
the particular attorney by name. The address is City Attorney's Office, P. O. 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:
City Attorney
2. Adjutant City Attorney
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
GENERAL SECTION 10 12
li
• ` ' • • • ' • • ' ' ,
The Equal Opportunity Officer shall undertake the following actions to assure equal employment
opportunities in the City:
1. Periodically review all position qualifications and job descriptions to assure requirements are
relevant to the tasks to be performed. Make recommendations as needed to delete requirements not
reasonably related to the tasks to be performed.
2. Assure that pay and fringe benefits depend upon job responsibility and, along with overtime
work, are administered on a non-discriminatory basis.
3. Inform and provide guidance to staff and management personnel who make hiring decisions
so that all applications for selection, promotion and termination, including those of minorities and
women are considered without discrimination and all applicants be given equal opportunity
regardless of race, creed, color, national origin, sex, marital status, political affiliation, age, or the
presence of a sensory, mental, or physical disability unless such disability effectively prevents the
performance of duties required by the position and which are bonafide occupational qualifications.
4. Create a large pool of qualified candidates to encourage diversity and assure equal
employment opportunity in hiring. The following practices for listing jobs will be followed under
the Equal Employment Opportunity Officer's direction:
a. Regular full time jobs must be open for a minimum of seven (7) ealend working
days.
b. Jobs maybe advertised with the Job Service, State of Montana, or maybe advertised
in-house only as determined by management for promotions.
C. In addition, job openings may be posted on the City's official website.
5. Provide orientation for all new employees specifically emphasizing how the City assures
equal opportunity. Encourage all employees to avail themselves of services rendered.
6. This policy shall be made known to all employees, contractors, and suppliers through
distribution of the Equal Opportunity Policy. Applications for employment will include an equal
opportunity clause.
Though employees represent a very important part of City government, there are other areas where
non-discrimination is essential. One of these areas is in the appointment ofboards, commissions and
ad -hoc committees.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 14
status, or the presence of a sensory, mental, or physical disability unless such disability effectively
prevents the performance of duties required by the position and which are bonafide occupational
qualifications.
2. Equal Employment Opportunity Program. The written, results -oriented program specifically
set forth in this policy detailing the steps to be taken to ensure equal employment opportunity.
3. Equal Employment Opportunity Officer. The City's Personnel Specialist, designated by the
City Manager as responsible for meeting the obligations and responsibilities of the Equal
Employment Opportunity Program.
4. Appointed Representatives. Members of City -appointed boards, commissions and ad -hoc
committees.
DISCIPLINARY ACTION:
Violations of this policy may be cause for the full range of disciplinary action.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 9, 2000
EITTPLO'I_V,ADBOOK
SECTION 20-4
SUBJECT: SCHEDULING DAYS/HOURS OF WORK
PURPOSE: To establish a policy setting uniform days/hours of work for employees.
STATEMENT OF POLICY:
This section establishes guidelines for supervisors in scheduling the days and times employees are to
be at their jobs in order to meet the needs of the City and to assure compliance with the Fair Labor
Standards Act and appropriate state laws and regulations.
Except as otherwise provided by labor agreements, the normal work week shall consist of 40
working hours in a seven day period commencing on Sunday at 12:01 a.m. and continuing to
Saturday at 12:00 midnight.
Except as otherwise provided by labor agreements, the normal work day is eight hours, with an
unpaid lunch period of one-half to one hour. Employees are expected to be at their work locations
and ready to begin work at the beginning of their work schedule. Lunch period will be scheduled to
allow for continuous staffing of all offices with at least one person. It may be necessary for some
departments to have 24-hour coverage in the unit, making it necessary to schedule longer shifts.
Department heads will establish days and hours, with exception for the preceding, for each employee
under his/her supervision with the approval of the City Manager.
The standardization of working hours is necessary to provide:
Continuity in access by and service to the citizenry.
2. Facilitation of teamwork.
3. Facilitation of supervisory assistance.
Individual requests for adjustment of working hours for personal reasons must be evaluated in light
of the effect on the criteria enumerated in items 1-3 above.
Advance notice of anticipated tardiness is expected; notice of unavoidable tardiness is expected
when possible. Failure to do so will be construed as an unexcused absence, and the day missed will
not be paid. Tardiness must be made up during the pay period in which it occurs.
Notification by another employee, friend or relative is not considered proper except in any
emergency situation where the employee is physically unable to make the notification.
Daily attendance records will be maintained by each department, including date and time absent and
reason for absence. Attendance shall be considered in determining promotions, transfers, satisfactory
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 21
SECTION 20-5
SUBJECT: OVERTIME/COMPENSATORY TIME
PURPOSE: To provide for overtime/compensatory time compensation for employees working in
excess of forty hours per week.
Only employees considered "non-exempt" by FLSA (The Fair Labor Standards Act) are paid 1-1/2
times their "regular rate" for actual hours worked in excess of 40 hours in any workweek. Workweek
begins at 12:01 a.m. on Sunday and ends at 12:00 midnight on Saturday.
Overtime is based on actual hours worked. Time off for sick leave, vacation or any leave of absence
will not be considered hours worked for the purposes of overtime calculations.
1. All overtime must receive prior approval from the supervisor. Employees who continually
work overtime without receiving prior authorization from their Department Head may be subject to
disciplinary action, up to and including termination.
2. If a "non-exempt" employee desires compensatory time instead of overtime pay, he/she must
request it in writing on a Payroll Change Notice.
3. Supervisors must not accept voluntary overtime from "non-exempt" employees without
paying overtime or granting compensatory time. In other words, if a supervisor is aware that a "non-
exempt" employee is voluntarily working overtime, the supervisor must direct the employee to stop
working or be willing to authorize the overtime.
4. A "non-exempt" employee who is requested to work over 40 hours in a week must be paid 1-
1/2 times his/her regular rate. Compensatory time will be allowed at the rate of 1-1/2 hours for each
hour worked. The union contract will be followed for union employees working on Sundays, etc.
5. All records of compensatory time worked, compensatory time taken and overtime worked by
"non-exempt" employees must be attached to the Time Report for the period the hours were worked
or taken off.
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.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 23
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
5. Assistant Fire Chief
6. Police Chief
7. Assistant Police Chief
8. Director of Public Works
9. Assistant City Engineer
10. Adjutant City Attorney
11. Design Technician/Project Manager
12. Public Works Superintendent
13. Wastewater Treatment Plant Manager
14. Director of D'^iiring, Eeene ie aria Community Development
15. Building Official
16. Community Development Housing Divi-sieManager
17. Pla niig Community Redevelopment Divisia Manager
18. Zoning Administrator
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 24
19. Director of Parks and Recreation
20. Finance Director
21. Assistant Finance Director
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.
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.
Holiday Pay for Holiday Worked:
A holiday is defined as being any 8-hour period of scheduled work time identified by city _policy.
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.
2. Scheduled Holidays for Employees on Shifts Longer Than 8 Hours:
For those employees who are on a shift which is longer than eight hours, holiday time will only be
paid for eight hours. The hours over eight are accounted for by either working or taking vacation
leave.
An employee will be allowed to take a holiday or another day if the holiday falls on an employee's
regular day off.
Holiday Worked (Shifts Scheduled Over 8 Hours):
Employees who are scheduled to work on a city -recognized holiday and are assigned to a shift longer
than 8 hours will be entitled to holiday pay, as set forth above, 1-1/2 times their regular rate for the
remaining hours of the shift.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 25
SECTION 20-12
PURPOSE: To establish a policy and procedure for all phases of the hiring process.
STATEMENT OF POLICY:
The Personnel Specialist will administer and coordinate the hiring process for all position vacancies.
All hiring efforts are conducted in the spirit of equal opportunity.
The following procedures will be adhered to by all departments in announcing position vacancies.
This section covers regular full-time, regular part-time, seasonal and temporary employees, in all
departments with the exception of Fire and Police. In cases where these procedures contradict
existing labor agreements, the applicable provisions of the labor agreements shall prevail, unless
otherwise prohibited by law.
RECRUITMENT:
The Personnel Specialist will be notified immediately of all position vacancies.
2. The affected department may be asked to assist the Personnel Specialist, as necessary, in
formulating the job announcement, ads, and in determining special applicant sources.
3. The Personnel Specialist will distribute to all City departments copies of the job
announcement for posting for a minimum of seven working days. Job announcements will also be
distributed to area local governments, schools, minority agencies, and other recruitment services.
The City may use for j ob referral purposes only those recruitment services which do not discriminate
on the basis of race, color, religion, creed, age, political affiliation, sex, national origin, marital
status, or disability in making referrals.
4. Ads for local newspapers, the city's official website, trade publications, and professional
journals will be developed and placed by the Personnel Specialist's Office with assistance provided
by the affected department. Funding of all general advertisements will be accomplished through the
personnel budget.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 34
be job related and designed to determine the candidate's knowledge, skills and abilities (KSA's) for
the position.
3. The examination contents are developed by the Personnel Specialist with assistance provided
by the affected department. Examination contents are confidential and unauthorized disclosure to
any candidate is grounds for discipline. In certain situations, outside consultants may be contracted
to assist with test development.
4. The testing process will be administered by the Personnel Specialist unless otherwise
designated to the affected department.
5. The Personnel Specialist shall ensure that all testing is based on bonafide occupational
qualifications.
INTERVIEW PROCESS:
The employment interview is a supplement to and part of the selection process. The primary function
of the interview is to obtain data or certain knowledge, skills, abilities of a candidate not available
through review of resumes' or other testing mechanisms. Certain guidelines will be observed to
maximize the validity and reliability of the interview process as well as ensure the adherence to
current EEOC requirements.
1. The Personnel Specialist shall coordinate the interview process, including selection ofpanel
members, scheduling candidates, development of interview questions, etc.
2. The interview panel will be selected and confirmed by the Personnel Specialist with input by
the affected department. Generally no more than three individuals will serve on the interview panel.
The composition of the interview panel shall generally consist of personnel who have expertise with
the technical elements of the position and the Personnel Specialist. Careful selection will be made of
panel members to ensure objectivity and job knowledge. Relatives or personal friends of the
applicants will be excluded from serving on the panel.
3. The Personnel Specialist and the department head of the department in which the position
vacancy exists (the City Manager in vacancies involving department head openings) shall be
responsible for the development of interview questions and standards for measurement of candidate
responses. Consistency will be maintained in the questions asked of all candidates. The questions
must be job -related and based on the analysis described in paragraph 1 above. Questions will be
designed to measure j ob knowledge, experience, education or to solicit responses which reflect those
personal traits which are job -related. Questions which pertain to race, sex, religion or marital status
or other inquiries which tend to directly or indirectly disclose such information are prohibited. Any
questions that would divulge an applicant's age, national origin or other discriminatory factor shall be
made in strict adherence with Federal and Montana State Law.
4. The Personnel Specialist will inform the interview panel of the responsibilities and
requirements of the position to be staffed. Copies of the applications of final candidates will also be
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 36
provided to the interview panel members prior to the interview, along with proposed interview
questions. The Personnel Specialist or his/her representative will meet with panel members prior to
the interview for an orientation on appropriate interview and assessment techniques needed to
evaluate each candidate objectively.
5. Each rater scores the candidates independently.
6. Following the interview, the interview panel shall attempt to reach consensus and report the
interview results and recommendations to the City Manager. If consensus cannot be reached, the
final candidates, including their strengths and weaknesses, will be reported to the City Manager.
REFERENCE CHECK:
1. Before any conditional offer of employment is extended by the City, the Personnel Specialist
conducts a reference check on the final candidate(s). The check includes verification of employment
duties, dates of employment, work record, attendance record, strengths, weaknesses, safety record,
and other pertinent information. Parts of the reference check may be delegated to the affected
department.
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 by the Personnel Specialist for final approval to extend such conditional offer.
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.
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.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 37
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.
"0110"Numm
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.
1. Unless approved by the City Council and City Manager, the City does not reimburse any
applicant for travel costs in conjunction with the hiring process.
2. Relocation costs are paid in full by the employee unless otherwise approved by the City
Council and City Manager.
3. The applicant should be advised of Items 1 and 2 above before reporting for the interview.
Steps 1-9 listed under Recruitment Section of this policy will be adhered to in the recruitment of
temporary employees. The affected department will maintain responsibility for screening
applications, testing, interviews, reference checks, applicant notification, appointments, and
preparation of any necessary Personnel Action Forms. These steps will be accomplished in
accordance with the guidelines listed above. A recommendation for hire will be forwarded to the
City Manager for final approval.
EFFECTIVE: Immediately DATE: May 3, 1994
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 38
SECTION 30-1
SUBJECT: TYPES OF EMPLOYMENT AND ELIGIBILITY FOR BENEFITS
PURPOSE: To establish guidelines and definitions for types of employment and for entitlement to
benefits.
STATEMENT OF POLICY:
The types of City employment are:
a. Probationary Employee: An employee on a trial status during the initial period of
employment. All newly hired City employees are on a probationary status which, unless
provided otherwise union agreement or other documents, extends for six (6) months, or in
certain cases, one (1) year, from the date of hire. Probationary periods may be extended
under special circumstances.
b. Regular Full -Time Employee: An employee who has successfully completed the
probationary period, is assigned to a position which is expected to continue for an indefinite
duration, and works a shift schedule which totals no less than 2080 hours per year.
C. Regular Part -Time Employee: An employee who has successfully completed the
probationary period, is assigned to a position which is expected to continue for an indefinite
duration, and works a shift schedule of 20 hours or more, but less than 40 hours, per week.
d. Temporary Full -Time Employee: An employee whose work assignment is limited in
duration to twelve months or less, and works a shift schedule which on an annual basis
would total no less than 2080 hours.
e. Temporary Part -Time Employee: An employee whose work assignment is limited in
duration to six months or less, and works a shift schedule which on an annual basis would
total less than 2080 hours.
f Student Intern Employee: An employee who is regularly enrolled as a student in a
recognized educational institution and is assigned to a full or part-time position which, in the
case of post -secondary students, is related to the student's course of study and which will
continue for not longer than the then current semester or term at the student's school;
provided, however, that subsequent work assignments may be made for the same student for
periods which correspond to the student's subsequent semester or term.
9. Seasonal Employee: An otherwise permanent employee designated by the City as
seasonal, who performs duties interrupted by the seasons, and who may be recalled without
the loss of rights or benefits accrued during the preceding season.
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 42
h. Short-term Employee: An employee whose work assignment is limited in duration to
ninety (90) days or less, without regard to the number of hours worked, who is not eligible
for permanent status, and who may not be hired into another position by the City without a
competitive selection process.
i. Transitional Employee: A city employee who has been temporarilyreassigned to
duties other than his normal duties under the city s Early -Return -to -Work Policy.
2. Employee compensation shall be stated in terms of annual or monthly salary or hourly wage.
3. Entitlement to employee benefits shall be as follows:
a. Employees classified as regular full-time employees shall receive all employee
benefits provided by the City; provided, however, that represented employees shall receive
only those benefits provided for by the labor agreement. Probationary employees who, upon
successful completion of their probationary periods will be regular full-time employees, shall
be entitled to the same benefits as regular full-time employees, subject to the applicable
eligibility provisions and time periods.
b. Regular part-time and seasonal employees may be entitled to pro rata vacation,
holiday, and sick leave benefits provided, however, that represented employees shall receive
only those benefits provided by the labor agreement. Probationary part-time employees who,
upon successful completion of their probationary periods, will be regular part-time
employees, shall be entitled to the same benefits as regular part-time employees, subject to
applicable eligibility provisions and time periods.
C. Service time with other city, county or state agencies does not add to an employee's
continuous service with the City of Kalispell. However, according to State law, Section 2-
18-612, MCA, vacation leave credits must be calculated based on the total years of
employment with any city, county, or state agency in the State of Montana. Such time will
be credited to an employee's records upon receipt of a certified statement from the employing
agency, stating time of service and dates.
d. An approved leave of absence without pay will not interrupt the accumulation of
continuous service, provided the employee meets the conditions required by the City for such
leaves.
e. Employees taking unpaid leave without pa.T�porary, disability leave, or Family and
Medical Leave shall not accrue sick leave or vacation time while on such leave.
EFFECTIVE: Immediately DATE:
LAST REVISED:
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 43
SECTION 30-2
SUBJECT: MEDICAL/HEALTH INSURANCE COVERAGE
PURPOSE: To provide an outline of medical/health benefits provided by the City of Kalispell.
C !ffil�i�
The City of Kalispell provides group health, dental and optical insurance plan for all City employees
and their families.
1. Eligibility Requirements:
a. Regular Full -Time
b. Regular Part -Time
C. Retirees (retiree pays entire premium)
d. Employees who have been terminated who elect to remain with the City's group plan
for up to 18 months under COBRA (entire premium paid by individual).
2. City Contribution:
For regular full-time employees, the City shall determine the insurance carrier and contribute the
amount determined by the employee's status (single, two party married, or family) up to the
following amounts:
Single $189.00
Two -Party YY affie $399.00
Family $464.00
each month toward Health Insurance Coverage. When an employee marries or adds/loses a
dependent, the Finance Office must be notified of the change.
Regular part-time employees shall be entitled to the pro-rata contribution to the cost of group health
insurance.
EMPLOYEE HANDBOOK
SECTIONBENEFITS 30 44
3. Coverage:
Group plan brochures are available in the Finance Office which explain detailed insurance coverage
offered by the plan. The Personnel Specialist is the liaison between employees and the insurance
company and is available to help employees with their insurance problems.
4. When Coverage Begins:
Coverage for new employees who elect to be covered by the City's group plan begins the first day of
the month following 30 calendar days of employment.
When Coverage Ends:
If an employee terminates before the 15th of the month, coverage is extended to the 30th of the
month. Employees who terminate after the 15th of the month will have coverage through the 30th of
the following month, unless the employee elects to remain insured under c. of this part.
a. Employees who retire have the option to remain in the City's group plan, provided
they pay the current premium each month. A retiree's dependents may continue coverage
following death.
b. Continuation Coverage under the Consolidated Omnibus Budget Reconciliation Act
of 1986 (COBRA).
Employees terminating employment with the city have the option of "Continuation
Coverage" for up to 18 months, provided the termination is not the result of misconduct.
Spouses and dependent children are allowed to stay on group coverage. Details concerning
this provision are available in the City's Personnel Office.
C. Employees may elect to continue their total existing insurance coverage, at employee
expense, while on leave of absence (Leave without pay).
EFFECTIVE: Immediately
LAST REVISED:
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 45
DATE: May 3, 1994
SECTION 30-3
PURPOSE: To provide an outline of retirement programs and benefits available to City employees.
STATEMENT OF POLICY:
Retirement systems for City employees are:
1. Public Employees Retirement System (PERS). (Administered by the State of Montana)
a. Employees Covered:
1. Regular full-time
2. Regular part-time
3. Temporary Employees when they have worked or if they are expected to work
at least 960 regular hours.
4. All other employees who have elected to participate.
b. Contributions to the Fund: The City and the employees contribute a percentage of
income to the fund as determined by the plan administrator.
C. Creditable Time: As provided by Montana State law, the time an employee has
worked for any city, county or state government in the State of Montana, including the
Montana National Guard, may be counted towards retirement under the PERS. Employees
may "buy back" military time for inclusion towards PERS.
d. Retirement Process: Employees who wish to retire should inform the Personnel
Specialist as soon as possible to receive counseling.
e. Withdrawal of Funds: Employees may withdraw PERS contributions only when
terminating. An application form must be filled out with the Personnel Specialist. PERS
withdrawals are generally received six (6) to eight (8) weeks after the final date of
employment.
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 46
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.
A notation that an oral warning was given should be made in the employee's personnel file and shall
be removed after twenty-four months of 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 a reasonable time after the
occurrence of the violation claimed by the supervisor, not to exceed sixty (60) days, to enable
discovery of the violation, to conduct adequate investigation of the incident, and to permit
consideration of disciplinary alternatives by ppropriate managerial personnel.
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.
Suspension Without Pay - An employee will be suspended without pay when the offense is of a
serious enough nature usually sufficient for discharge, but when circumstances related to an
employee's overall performance would not warrant immediate discharge. The length of suspension
should not normally exceed fifteen (15) work days.
Investigatory suspensions may be used in cases where it is necessary to investigate a situation to
determine what further disciplinary action may be justified.
This suspension gives the supervisor the opportunity to discuss the problem with his/her superior to
determine an appropriate course of action when the situation is serious enough for the employee to
be removed from the work environment.
If after investigation, it is determined that the employee was not guilty of any violation, he/she will
normally be returned to his/her position, paid for any lost time, and a letter exonerating the employee
will be placed in his/her official personnel file. If, however, the employee is found in violation, then
EMPLOYEED:••
SECTION 50-13
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.
l . 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.
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.
b. Time report forms for employees paid an ^ biweekly basis are due in the Finance
Office of the Monday following the Sunday completing the work period for the respective
employees.
b. Paychecks for employees paid eii ., biweekly 1 asi-s are issued on the seeend Tuesday
Thursday following the Monday when time reports are due in the Finance Office.
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 104
SECTION 50-14
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. Deductions authorized or required by law, such as garnishments and child support payments.
Additional deductions which are optional and may be requested by the employee include:
1. United Way contributions
2. Whitefish Credit Union
3. Flathead Credit Union
4. Deferred compensation
5. Union Dues and Association Dues
6. City Health
7. Conseco Insurance
8. Colonial Insurance
9. Christmas Club
10. UNUM Insurance
11. AFLAC Insurance
12. Flex Medical Expense Reimbursement Plan
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 106
13. Flex Dependent Care Assistance Plan
14. MontanaSky Internet Service
15. Putnam Investments.
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 and vacation time will also appear on the paycheck stub following successful completion of
related probationary periods.
It is the employee's responsibility to maintain current payroll deduction information with the Finance
Department. Employees wishing to add or change their payroll deductions should contact the
Personnel Specialist.
EFFECTIVE: Immediately DATE: May 3,1994
LAST REVISED: May 11, 2000
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 107
SECTION 60-1
SUBJECT: VACATION LEAVE
PURPOSE: To outline the policy on vacation leave.
STATEMENT OF POLICY:
1. Regular Full -Time Employees
2. Regular Part -Time Employees (hours earned pro-rata)
3. Temporary Full -Time Employees
4. Temporary Part -Time Employees (hours earned pro-rata)
5. Seasonal Employees (hours earned pro-rata)
Hours of work for above employees must be pre -scheduled to be eligible to earn vacation leave
credits.
A. CALCULATION OF VACATION LEAVE CREDITS:
Earned vacation leave credits shall be earned at a yearly rate calculated in accordance with the
following schedule, in which one (1) year equals 2,080 hours of work:
If Part-time, on Leave Without Pay,
or in "not employed" status during
Years Employ Credits per Yr portion of pa. p� eriod
Less than 10 yrs 120 hours .05770 x hours worked
11 `h yr-15 yrs 144 hours .06924 x hours worked
16' yr-20 yrs 168 hours .08077 x hours worked
Over 20 yrs 192 hours .09240 x hours worked
1. Overtime hours are not included in the calculation of vacation credits earned.
2. When calculating incomplete pay periods and part-time hours, final figures are
rounded off to the hundredth of an hour.
LEAVE ADMINISTRATION 0.
SECTION 60
B. The following rules shall apply to vacation leave:
1. Employees begin earning leave credits the first day of employment in a job which had
pre -scheduled hours to work.
2. Vacation time taken off shall be recorded to the nearest quarter of an hour used.
3. No vacation leave with pay shall be granted in advance of credits earned.
4. Vacation leave credits will not accrue while on leave without pay status, whether
authorized or not, Family and Medical Leave, or while unable to work during periods of
temporary disability.
5. Vacation leave must be arranged and approved in advance with the employees'
supervisor. When the interest of the City requires the employees' attendance, the City's
interest overrides the employees'.
6. Vacation leave credits may be accumulated to a total not to exceed two (2) times the
maximum hours earned annually as of the end of the first pay period of the next calendar
year.
7. Excess vacation time will not be forfeited if taken, or cashed out, or if retiring or
resigning within ninety (90) calendar days from the last day of the calendar year in which the
excess was accrued.
8. Employees who have not completed six (6) calendar months continuous employment
upon termination may not cash out their vacation credits.
9. Department heads may authorize vacation leave for employees for care of a newborn
or adopted child.
C. HOLIDAY/VACATION LEAVE - Vacation leave taken over a legal holiday will not be
charged against the employees' accumulated vacation leave total for the legal holiday.
D. VACATION LEAVE/SICK LEAVE - Vacation leave time may be substituted for sick leave
time with the consent of the employee.
E. VACATION LEAVE/OVERTIME - Hours accounted for by leave time (i.e., not physically
worked, such as compensatory leave, sick leave, vacation leave, holiday leave, etc.) shall not be
considered hours worked for the purpose of calculating overtime hours earned in a workweek.
F. EMPLOYEE TERMINATION OR DISMISSAL - An employee who terminates employment
for reason(s) not reflecting discredit on himself/herself shall be entitled to a lump sum payment at the
LEAVE ADMINISTRATION1
SECTION60
current salary rate at the time of termination, for unused vacation leave provided the employee has
worked the qualifying period of six (6) continuous calendar months.
G. TRANSFERRED EMPLOYEES - If an employee is transferred between departments, the
employee will not be entitled to a lump sum payment for accrued vacation leave credits. The
department receiving the transferred employee shall assume the liability for the accrued vacation
credits earned and transferred with the employee.
H. PRIOR SERVICE WITH ANOTHER MONTANA AGENCY - City employees who have
been employed with another Montana agency, meaning any legally -constituted department, board or
commission of state, county, or city government or any political subdivision thereof as defined in
Section 2-18-612, MCA, may use that time towards their vacation accrual rate, provided:
1. The employee obtains a Certification of Prior Employment Hours for Annual
Vacation Leave Rate Earned from the Personnel Department.
2. The employee sends the form to the former employer(s) and it is certified by the
appropriate governmental agency.
3. When the Personnel Department receives the completed certification form, the
employee will receive the additional time towards his or her vacation accrual rate. For the
purpose of determining years of employment, an employee must be credited with an entire
pay period in which he is in a pay status or on an authorized leave of absence with pay,
regardless of the number of hours of service in the pay period.
4. It is the employee's responsibility to furnish all the necessary information to the
Personnel Department.
• • 1 1 i' ii
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 employ by the City of Kalispell.
i � � i •: i '• •• 1 1 ii
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
EMPLOYEE I:iO
ADMINISTRATIONLEAVE i
SECTION 60
absence without pay of 15 working days or less will be counted as time earned toward the 6 month
qualifying period.
EFFECTIVE: Immediately DATE:
LAST REVISED: June 19, 2000
T ,- 'IE rrIDBOO
LEAVE ADMINISTRATION
SECTIOV 1
SECTION 60-2
SUBJECT: SICK LEAVE
PURPOSE: To outline the policy of sick leave.
STATEMENT OF POLICY:
ELIGIBLE EMPLOYEES:
1. Regular Full -Time
2. Regular Part -Time (hours pro -rated)
3. Temporary Full -Time
4. Temporary Part -Time (hours pro -rated)
5. Seasonal Employees (hours pro -rated).
Hours of work for above employees must be pre -scheduled to be eligible to earn sick leave credits.
Regular, seasonal, and temporary employees will be eligible to accumulate sick leave credits from
the first day of employment and use them, with pay, after ninety (90) dUs of continuous
employment.
A. CALCULATION OF SICK LEAVE CREDITS:
Sick leave credits shall be earned at a yearly rate calculated in accordance with the following
schedule, in which one (1) equals 2,080 hours of work:
40 hours x 52 weeks = I
There is no restriction as to the number of hours of sick leave credits that may be accumulated, nor to
the number of accrued sick leave credits that may be used for a bona fide employee illness or
disability, provided that the qualifying period has been completed.
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 112
SECTION 60
Period of Employ rent Working Hours Credit
Each I year of employment 96 hours
Not in employed status entire worked pay .0462 x number of hours
period, on leave without pay, or part-time
employ
Overtime hours are not counted in the calculation of sick credits earned.
When calculating incomplete pay periods and part-time hours, final figures are rounded off to the
hundredth of an hour.
B. The following rules will apply to sick leave:
I. Sick leave credits accrue from the first da of f employment in a position which has
pre -scheduled hours of work.
2. Unless there is a break in service, an employee only serves the qualifying period once.
After a break in service, an employee must again complete the qualifying period to use sick
leave. The qualifying period is ninety (90) dqys.
"Break in service" is defined as a period in excess of five (5) working days when the
employee is not gmployed by the City of Kalispell.
3. Sick leave time taken will be recorded to the nearest quarter of an hour used.
4. No sick leave with pay will beffanted in advance of credits earned.
5. Sick leave credits will not accrue while on leave without pay status, whether
authorized or not, Family and Medical Leave, or while unable to work during periods of
temporary disability.
6. Whenever the City Personnel Department or the employees' Department head have
reason to believe that an individual em_plo ewe may be abusing sick leave, the emplo eeee_maY
request the employee claiming or using sick leave to substantiate their claim with proper
medical certification.
C. Sick leave may be granted for:
I . Illness;
2. InjM;
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 1 1 3
SECTION 60
3. Medical disability;
4. Maternity -related disability, including prenatal care, birth, miscarriage, abortion, or
other medical care for either the employee, a child, or spouse.
5. Quarantine resulting from exposure to contagious disease;
6. Medical, dental, or eye examination or treatment,
7. Hospitalization;
8. Necessary care or attendance to an immediate family member or, at the Department
head's discretion, another relative, for the above reasons until other attendance can be
reasonably obtained; and,
9. Death or funeral for an immediate family member, or at the Department head's
discretion, another person.
D. HOLIDAY/SICK LEAVE - Sick leave taken over a legal holiday will not be charged against
the employee's accumulated sick leave for the legal holidqy. Exceptions may be made for employees
scheduled to work the holiday (i.e., emergency services). Proper medical certification may be
required to substantiate such illness.
E. SICK LEAVE/VACATION LEAVE - If all sick leave credits have been used, an employee
who is eligible to use vacation leave credits will have the option of using accrued vacation leave
credits.
F. SICK LEAVE/OVERTIME - Hours accounted for by leave time (i.e., not pbysically worked,
such as compensatory time, sick leave, vacation leave, holiday leave, etc.) shall not be considered
hours worked for the purpose of calculating overtime hours earned in a work week.
G. TERMINATION OF EMPLOYEES - An employee who terminates employment for reasons
not reflecting discredit is entitled to a lump sum payment at the current salary rate at the time of
termination equal to one-fourth( 1 /4) of the 12gy attributed to the accumulated sick leave, provided the
employee has worked the qualifying period of ninety (90) continuous days.
1. Abuse of sick leave shall be cause for dismissal and forfeiture of unused sick leave
lump sum payment.
2. Such termination pay according to § 2-18-618(6), M.C.A., "accrual of sick leave
credits for calculating the lump -sum payments ... begins July 1, 1971 ".
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 114
SECTION 60
H. TRANSFERRED EMPLOYEES - If an employee is transferred between departments the
employee will not be entitled to a lump sum payment for accrued sick leave credits.
The department receiving the transferred employee shall assume the liability for the accrued sick
leave credits transferred with the employee.
I. DONATION OF SICK AND VACATION LEAVE - Employees who are eligible to use their
accrued sick or vacation leave may donate sick and vacation leave hours to be used by another
employee who does not have sufficient leave credits to remain in an active pay status during an
extended absence due to illness or injury. Donating employees may donate sick or vacation leave
hours on a one -for -one basis. This donation cannot result in a budget deficit or request for
supplemental funding by the recipient's department.
1. The donation is based on the number of hours (credits), not on rate of pay.
2. One donated credit will be subtracted from the donating employee's sick or vacation
accruals for every credit added to the recipient employee's sick leave credit accumulation.
3. Employe es may donate up to twenty (20) hours of sick and/or vacation leave to an
individual employee, and up to forty (40) hours total sick and vacation leave during a twelve-
month period.
4. Donating; employees must have minimum balance of one hundred sixty (160) hours of
sick leave credit remaining after the contribution. There is no minimum balance for vacation
leave.
5. The donation of credits, once made, cannot be rescinded by the donating; employee
subject to the qualification in paragraph 6, below.
6. Credits not used by the recipient employee will be returned to the donating employee
when the recipient employee returns to work, completes his/her recuperation, or terminates
employment with the City. Credits will be returned in the reverse order of their donation.
7. Employees may receive a total of 240 credit hours of donated sick leave per twelve-
month period. For purposes of this section, the twelve-month period begins with the pay
period of the first draw of donated leave.
J. RECEIPT OF DONATED SICK VACATION LEAVE.
I . One sick leave credit will be added to the recipient employee's sick leave account for
every sick and vacation leave credit donated.
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 1 1 5
SECTION 60
2. An gmplo eY e may receive a total of 240 credit hours of donated leave credits per
twelve-month period.
3. To be eligible to receive donations of sick leave credits, an employee:
a. Must be eligible to use sick leave;
b. Must have an illness, injury, or other qualifying condition, as described in
Section 60-02(C), that results in absence of at least ten working dam
C. Must have exhausted all other accrued paid leave and compensatory time;
d. Must have their department head's approval for the leave. The Department
head may require medical certification;
e. Must not be eligible for Worker's Compensation benefits; and,
f. Must be an employee of the City of Kalispell.
When an employee who has not worked the qualifying period for use of sick leave takes an approved
continuous leave of absence without pay exceeding 15 workingdays, the amount of time on leave of
absence will not count toward completion of the qualifyingperiod. The approved leave of absence
exceeding 15 working days is not a break in service and the employee will not lose any accrued sick
leave credits or lose credit for time earned toward the qualifyingperiod. An approved continuous
leave of absence without p_ay of 15 working days or less will be counted as time earned toward the
90-daqualifying period.
L. SICK LEAVE REQUESTS:
l . It is City policy for employees to report illnesses to supervisors or other department
officials at the earliest possible time. Employees who do not report to work and fail to notify
their supervisors will be considered AWOL (Absent Without Leave) and may not be paid for
time off.
2. The employee's immediate supervisor or department head may require medical
certification of sick leave charged against any sick leave credits.
3. Medical certification may also be required to certify that the illness of a family
member required the immediate attention of the employee.
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 116
SECTION 60
4. Medical certification of maternity -related sick leave must be obtained in the same
manner and under the same conditions as certification for other sick leave.
EFFECTIVE: Immediately DATE:
LAST REVISED: June 19, 2000
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 117
SECTION 60
SECTION 60-3
SUBJECT: PERSONAL LEAVE DAY
PURPOSE: To provide for the uniform administration of Personal Days
STATEMENT OF POLICY:
After one year of service with the City, regular full-time employees are entitled to paid time off for
one (1) personal leave day per fiscal year and regular part-time employees will receive paid time off
on a pro-rata basis.
This is a non -accrual dayper fiscal year and must be scheduled three (3) days in advance with the
employee's supervisor. Granting of the d!qy's leave to an employee is contingent upon the work
being covered by the remainder of the employees in the department so that no substitute help will
have to be hired.
Effective: Immediately Date:
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 118
SECTION 60
SECTION 60-4
PURPOSE: To provide for the uniform administration of City holidays.
STATEMENT OF POLICY:
Regular full-time and temporary full-time employees with a regularly scheduled tour of duty are
entitled to paid time off for all recognized legal holidays. Regular part-time employees will receive
holiday pay on a pro-rata basis.
CITY -RECOGNIZED LEGAL HOLIDAYS:
New Year's Day, January 1
Martin Luther King Day, third Monday in January
Presidents' Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
�� •
Gov........o. .i.���iaR i��:�e.... G.ises��i�
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Fourth Friday in November
Christmas Day, December 25
State General Election Day (Even numbered years)
Good Friday, 2 hours
1. If any of the above holidays fall on a Sunday, the following Monday is a holiday. If the
holiday falls on a Saturday, the preceding Friday is a holiday.
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 119
SECTION 60
SECTION 60-5
SUBJECT: LEAVE OF ABSENCE WITHOUT PAY
1. To establish procedures by which an employee may request a voluntary leave of absence from
employment with the City.
2. To establish conditions under which approved requests for a voluntary leave of absence are
administered.
3. To formalize past city practice regarding employment of citemployees on extended
temporary disability leave, resulting; from work -related illness or injury to the employee.
STATEMENT OF POLICY:
1. Voluntary Leaves Without Pay -Employee "Sabatticals."
a. Requests for a voluntary leave of absence without pay shall be in writing and shall
state specifically the reasons for the request, the date desired to begin the leave, and the date
of return. The request shall normally be submitted by the employee to the affected
department head. The department head shall recommend to the City Manager whether the
request should be granted, modified, or denied. The City Manager shall then make a decision
based upon the best interest of the City, giving due consideration to the reasons given by the
employee, and the requirements of any applicable state and federal laws.
b. The City Manager may grant a full-time regular employee a leave of absence without
pay not to exceed ninety (90) days for non -medical purposes. Non -medical leave is unpaid
leave time for career advancement, personal or family situations. Such leaves may be
granted after vacation accrual has been exhausted. Sick leave accruals may not be used for
non -medical leaves.
C. No sick leave, holiday, vacation benefits or any other fringe benefits shall accrue
while the employee is on leave of absence without pay.
d. All time in leave of absence is credited toward an employee's service time for the
purpose of determining their earning rates. Service to the City is not interrupted by
authorized leave of absence.
C. Time on leave of absence is not allowed in computing service time for retirement
purposes under Public Employees' Retirement System.
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 121
SECTION 60
f. Any employee on an approved leave of absence may continue his or her medical,
dental and optical insurance coverage by paying the full cost to the City in advance for each
month or portion thereof for which he or she is absent, subject to limitations set by the
insurance carrier.
9-- Upon expiration of the leave of absence, the employee shall be reinstated in the
position held at the time the leave was granted or another equivalent position.
h. Upon extenuating circumstances, the appointing authority may grant an extension of a
leave period upon written request by the employee. Such extension may not exceed three
months and will be based on departmental as well as employee considerations.
i. Employees who fail to return to work on the date specified in the leave request
without receiving an extension in advance are subject to disciplinary action up to and
including termination.
2 Extended leaves of absence resulting from work -related illness or injury.
a. Leaves of absence for temporary disability resulting from work -related illness or
inju lasting more than thirty(30) consecutive days, shall be considered extended disability
leaves of absence without pay under this policy.
b. AU city employee suffering a work -related illness or injury for which Worker's
Compensation wage loss benefits are paid for more than thirty (30) consecutive days, shall
be entitled to request a leave without pay for 0 to twelve (12) months inclusive of leave
time permitted under the city's policy for Family and Medical Leave (FMLA). Medical
certification of the condition shall be submitted to the city and may be executed by a person
licensed by the State of Montana to practice medicine, osteopathy, podiatry, dentistry,
clinical psychology, optometry, or chiropractic, or by a nurse practitioner or nurse midwife
authorized by State law, or Christian Science practitioners appropriately listed.
C. Such extended leave requests shall be made, in writing to the affected employee's
department head, who will then review and forward such request to the City Manager,
together with a recommendation, taking into consideration the affected department's staffing
needs and burdens placed on other employees. The City anager shall then make a decision
regarding the employee's status based upon the best interest of the City,es giving due
consideration to the reasons given by the employee, and the requirements of any pplicable
state and federal laws.
d. Extended temporary disability leave without pay will be considered or granted one
after the affected employee has exhausted all accrued sick leave, vacation leave
compensatory time, and FMLA benefits.
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 122
SECTION 60
e. If granted, the employee shall submit physician re -certifications of the medical
condition each thirty (30)dys while on leave. Before returning to work, the employee must
receive full medical clearance from a physician confirming his ability o perform all
necessary duties of his former position.
£ It is a condition of employment with the City, that the employee be able to perform
essential duties of his job. If, after the affected employee has been on extended leave for a
period of twelve (12) consecutive months, the affected employee is unable to obtain the
required medical clearance, the employee's position will be deemed vacated by the City and
his employment with the City will be terminated.
g. If the injured employ ey e is cable of returning to work within two (2) years from the
date of occupational illness or injury and has received a medical release to return to work, the
employee will be entitled to reapply for job openings with the City, and will be and will be
given preference over other applicants for a comparable position that becomes vacant if the
position is consistent with the worker's physical condition and vocational ability.
h. Other rules applicable to extended disability leave.
1. No sick leave, holiday, vacation benefits or any other fringe benefits shall
accrue while the employee is on disability leave of absence without pay.
2. All time in disability leave of absence is credited toward an employee's
service time for the purpose of determining their earning rates. Service to the Cites
not interrupted by authorized leave of absence
3. Time on disability leave of absence is not allowed in computing service time
for retirement purposes under Public Employees' Retirement System.
EMPLO'ZEE MDBO '
LEAVE •
SECTION60
4. Any employee on an approved disability leave of absence may continue his or
her medical, dental and optical insurance coverage by payinthe employee's share of
the cost to the City in advance for each month or portion thereof for which he or she
is absent, subject to limitations set by the insurance carrier.
5. Upon expiration of the disability leave of absence, the employee shall be
reinstated in the position held at the time the leave was granted or another equivalent
position.
EFFECTIVE: Immediately DATE:
LAST REVISED: May 3, 1994
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 124
SECTION 60
4. Qualified Physician or Practitioner:
The Certification of Physician or Practitioner may be executed by a person licensed by the State to
practice medicine, osteopathy, podiatry, dentistry, clinical psychology, optometry, or chiropractic, or
by a nurse practitioner or nurse midwife authorized by State law, or Christian Science practitioners
appropriately listed.
INSURANCE PREMIUM:
The City will pay its share of the premium for employees who are members of the City's health
insurance program and who take unpaid FMLA leave, so long as the employee pays his/her share of
that premium.
REINSTATEMENT:
Upon return from FMLA leave, the employee will be reinstated to his/her original job or to an
equivalent position with equivalent pay and accumulated seniority, retirement, fringe benefits, and
other service credits.
ELIMINATION OF POSITIONS:
An employee on FMLA leave shall not acquire greater rights to a position than any other employee
in the event the positions are eliminated.
TIME RECORDING:
For purposes of FMLA leave, "year" means the City's fiscal year, July 1 through June 30.
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.
5. Leave taken under FMLA will not accrue sick leave or vacation leave, unless taken as paid
sick leave or vacation leave.
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 132
SECTION 60
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.
2. Ex-officio Permanent Members: City Attorney or Adjutant City Attorney and Personnel
Specialist.
3. Term 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.
5. Chargeable/Non-Chargeable Accidents
a. The determination of whether an employee should be charged "at fault" or not
charged with an accident will be the responsibility of the employee's department head.
EMPLOYEE HANDBOOK
RISK SECTION 70 139
SECTION 70-11
SUBJECT: ON-THE-JOB INJURY OR ILLNESS
PURPOSE: To establish a policy and procedure to handle on-the-job injuries or illnesses.
STATEMENT OF POLICY:
The City shall provide for the treatment and care of on-the-job injuries and illnesses as provided by
the Montana Municipal Insurance Authority.
Any incident involving a City employee must be reported to that employee's supervisor immediately.
The supervisor ensures that the employee has transportation to receive minor medical care.
Employees should be taken for medical attention as soon as possible. The employee will receive
initial treatment and will be advised by the attending physician as to the need for further treatment
and when to report back to work or when cleared by the for alternative duties under the
City's Early -Return -to -Work Policy. Follow-up treatment maybe referred to the employee's private
physician.
The employee must complete a r,o,,,,,-tmef* of T abai: and I dustr es- First Report of Injury &
Occupational Disease form on all injuries. The supervisor should provide additional information as
needed. All forms must be submitted to the Personnel Specialist promptly. The Personnel Specialist
will notify the City Manager, the Risk Manager, and the City's Workmen's Compensation insurer.
The Risk Manager will inform the Employee's Safety and Health Committee for follow-up, as
needed.
Additional reporting information should be recorded as described in the Policy on WORKER'S
COMPENSATION.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
RISK SECTION 70 145
7. Responsibility: The individual or function responsible for maintaining records and ensuring
proper posting is:
a. Police - Police Chief
b. Fire Stations - Fire Chief
C. City Maintenance Shops - Public Works Director
d. City Hall - Personnel Specialist
Park Facilities - Recreation Director
8. It shall be the responsibility of the head of the injured employee's department as described in
paragraph 7, to notify the Personnel Specialist of any changes in the affected employee's work status.
a. In the event the injured employee is assigned to a Transitional Employment position
or if the injured employee is able to participate in normal job duties (such as attendance for
mandatory training or educational programs) on a limited basis, this must be reported on
forms provided to the Personnel Specialist as soon as practicable.
b. The Personnel Specialist shall report this to the City's Worker's Compensation
Claims Representative so appropriate adjustments to the injured employee's temporary
disability benefits ma_y be computed.
EFFECTIVE: Immediately DATE:
LAST REVISED: May 3, 1994
EMPLOYEE HANDBOOK
RISK SECTION 70 152
SECTION 70-16
PURPOSE: To establish a policy and Procedure whereby an employee who is injured on-the-job,
may return to work as soon as medically appropriate to a temporary position with modified work
duties.
STATEMENT OF POLICY:
The City strives to promote a successful recovery from any work -related injury of illness and has set
up these guidelines for supervisory personnel to follow when a position may be temporarily modified
to accommodate the injured employee's physical limitations, thereby allowing him or her to return to
work at the earliest, medically ppropriate date.
The Personnel Specialist, the injured employee, and the employee's supervisor working in
conjunction with the employee's physician shall, if medicallyqppropriate, work to implement a
program that will meet the needs of the injured employee and the City that will permit the
employee's return to a transitional employment position.
Transitional employment includes only short-term duties having some or all of the following
characteristics:
1) Limited physical ability requirements;
2) Can be taught to the injured employeequickly;
3) May be subject to a flexible work schedule, including shortened workday
4) Will minimize exposure of the worker to further injury and will not slow down the worker's
recovery time.
The Personnel Specialist shall communicate with the injured employee's physician to obtain a
return -to -work recommendation detailing physical limitations of the employee and the physician's
estimated return to work date for both full duties and modified duties. Upon receipt of the
physician's recommendation, the Personnel Specialist shall work with the employee's supervisor to
develop a transitional emploMent program, if medically feasible. This may include reducing the
number of hours worked in a shift or redesigning duties to create safe, meaningful, productive work
for the employee.
Steps in Transitional Employment shall be as follows:
1) The job duties of the transitional position shall be communicated to the employee. The
employee shall have the opportunily to suggest adjustments to accommodate the employee's needs
and restrictions. Job duties shall be reviewed and modified when appropriate, as the employee's
condition improves.
EMPLOYEE HANDBOOK
RISK SECTION 70 153
2) Once the job description is approved the offer of transitional employment shall be extended
to the injured employ
a) Transitional employment is temporary and must have a designated start date and end
date set at the time of the employee's return to work.
b) The end date may be extended if the employee requires additional time to recover, or
the employee may be assigned to other transitional duties with a specific start and end date.
c) Transitional employment assignments will normally not exceed a term of six months.
In extraordinary cases the tgmporar} assignment may be extended for an additional six
months In no event will the assignment be extended beyond one year.
3) The employee must notify the Worker's Compensation Claims Adjuster of the offer so any
adjustment to benefits maybe made This adjustment occurs whether the employee accepts the offer
of employMent or not.
4) The City will notify the Claims Adjuster when the employee accepts or refuses the offer for
the purpose of calculating benefits adjustments. If the injured employee refuses an offer of
transitional employment, it is possible that the employee may lose benefits paid by Worker's
Compensation.
Transitional employment does not include performance of normal job duties which the injured
employee may be capable of performing during his recovery. For example, attending mandatory
trainin2 and educational programs is considered part of the employee's regular duties for which the
employee will receive normal compensation These will not be deemed to be transitional
employment.
Department heads and Supervisors are key plUers in promoting safety at work encouraging workers
to return to their jobs keeping costs associated with accidents and work -related illnesses low, and
managing the work so productivity is not lost while the employee is temporarily disabled.
EFFECTIVE: DATE:
EMPLOYEE HANDBOOK
RISK SECTION 70 154
SECTION 70-17
SUBJECT: SAFETY ORIENTATION, ACCIDENT INVESTIGATION AND REPORTING
PURPOSE: To provide a system for reporting and following up on accidents and/or injuries.
STATEMENT OF POLICY:
1. Safety Orientation: All City employees are to receive a safety orientation at the beginning of
employment. The safety orientation form (Appendix A) is to be completed, signed by the supervisor
and employee, and returned to the Personnel Specialist for inclusion in the employee's personnel file.
The Employee Safety Responsibilities Form (Appendix B) is to be distributed to the employee by
the supervisor. The form shall be signed and dated, with a completed copy sent to Personnel for
inclusion in the employee's Personnel File.
2. Accident Reporting and Purpose: ALL ACCIDENTS, no matter how minor, shall be
reported PROMPTLY to the immediate supervisor for evaluation/investigation. Since every accident
includes a sequence of contributing causes, it is possible to avoid a repeat performance of the first
event by recognizing and eliminating these causes. The removal of just a single cause can prevent a
recurrence. During the supervisors evaluation he/she must determine the possible consequences that
could take place if the situation is not corrected and take appropriate action based upon those
findings (i.e. investigate, report, correct, etc.).
3. Medical Emergency Procedure: Fire Department ambulance will be called in the case where
the employee needs immediate medical attention.
4. Documentation Procedures:
a. MINOR INJURIES - (Requiring doctor/outpatient care) After the emergency actions
following an accident, an investigation of the accident will be conducted by the immediate
supervisor in conjunction with any witnesses to the accident to determine the causes. The
findings of the investigation shall be documented on City's incident form and reported.
Copy to Personnel Specialist
ii. Copy to department head files
iii. Copy to Safety and Health Committee Chairperson
b. MAJOR INJURIES - (Fatality or multiple hospitalization)
i. The City Manager and department head are to be notified immediately by the
person in charge and an investigation under the direction of the City Manager will be
conducted. In addition, the inspection party will include the Chairman of the Safety
and Health Committee.
EMPLOYEE HANDBOOK
RISK SECTION 70 157
SECTION 70-18
PURPOSE: To make employees aware of first aid and safety.
STATEMENT OF POLICY:
I. All supervisors, or persons in charge of crews will be first aid trained unless their duties
require them to be away from the job -site, whereby other persons will be designated to be the
recognized first aid provider.
2. Valid first aid certificates are recognized as ones which are less than three years old. NOTE:
Cardiopulmonary resuscitation (CPR) is required in addition to the regular first aid training, if a first
aid course does not combine the two subjects.
3. First aid kits will be in accordance with the requirements of the General Safety and Health
Standards.
a. First aid kit locations at City facilities include:
i. Shop Office and all Vehicles
ii. Police Department and Police Vehicles
iii. City Hall
iv. Fire Station Multiple Locations including Emergency Vehicles
b. Department heads are designated to ensure the first aid kit(s) is/are properly
maintained and stocked.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
RISK SECTION 70 163
SECTION 80-3
SUBJECT: LAWSUITS AGAINST THE CITY
STATEMENT OF POLICY:
The Mayor, City Manager, or Finance Director are the only authorized 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 discuss any aspect of a situation that is subject to a lawsuit or hearing
without first consulting with the City Attorney or Adjut City Attorney and the affected employee's
supervisor.
EFFECTIVE: Immediately DATE: May 3,1994
LAST REVISED: May 12,2000
EMPLOYEE HANDBOOK 168
MISCELLANEOUS
SECTION 80-5
SUBJECT: USE OF CITY COMPUTERS AND INFORMATION NETWORK
STATEMENT OF POLICY:
With the increased use of technology affecting the daily peration of city offices, there is also an
increased need to protect the integrity and security of our data and network infrastructure. The
purpose of this policy is to establish enteral guidelines for the appropriate use of the ei 's
information system network (ISN) and standards of conduct for its users.
1. Components of the City's ISN
The City's ISN consists of all the Ci . 's computer assets; workstations, servers, terminals, software,
and data. The ISN also includes the supporting, communications infrastructure that links departments
and provides access to external data sources such as other governmental units and public and/or
private sector resources. This access might be accomplished through internal networks, modems, or
the Internet.
2. Access to the City's Network
Users may be subject to restricted or limited use of the City's ISN based upon their duties and the
requirements of their positions. The degree of access will be determined by the head of the user's
Department.
3. Acceptable Uses of the City's ISN
The primary use of the City's ISN is to support the functions of City government and to provide
efficient service to the public. Acceptable uses include:
(a) The conduct of appropriate government business and the delivery of government
services;
(b) The support of training, administration, research and grant procurement, and grant
administration;
(c) The increased participation of citizens in government affairs; and,
(d) The communication and exchange of professional information.
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MISCELLANEOUS
4. Prohibited Uses of the City's ISN
The City's information system resources will not be used for activities that interfere with the support
of City government and its ability to provide services. Uses that are prohibited include:
—(a) Use for personal "for profit" business or activities,
(b) Use for non-profit or public, professional or service organization activities that are
not related to the employee's job duties;
_() Extensive use for private recreational or personal activities;
_(d) Activities that are illegal or obscene as defined in §45-8-201(2), M.C.A.
_ (e) Use in a manner that adversely impacts other users and affects their ability to perform
their job duties and tasks; and,
(f) To access and receive e-mail from sources outside our network which may
circumvent the City's installed virus protection software.
4. Employee Responsibilities When Usingthe he City's ISN
When usingthe he City's information system resources, users are responsible for:
(a) Being knowledgeable of and honoring acceRtable use policies of networks or systems
accessed through the City's ISN or the Internet;
(b) Honoring existing federal state and local telecommunications and networking laws
regulations or policies;
(c) Not using the City's ISN to obtain store or distribute confidential material, such as
confidential court records personnel records or mailing lists in a manner not approved by
policy or state law;
(d) Reporting to the appropriate authority the violation of the network acceptable use
policy;
(e) Honoring copyright laws and City policy regarding protected commercial software or
intellectual property
(f) Minimizing unnecessary network traffic that might interfere with the ability of others
to make effective use of this shared resource.
(g) Protecting the integrity and security of the City's Information System infrastructure
EMPLOYEE HANDBOOK 172
MISCELLANEOUS
i) not att=tin�g to circumvent or defeat security systems;
ii not Permitting any unauthorized individual to access the City's ISN•
iii) using Passwords and changing passwords on a regular basis on all systems that
require their use;
iv) protecting your password to prevent its discovery and use by others;
v) refraining from using another user's system or attempting to access unauthorized data
or resources;
vi) refraining from viewing, damaging modifying, or deleting other users' files or
communications without appropriate authorization or permission; and
vii) making every effort to prevent the introduction of viruses into the City's ISN by
actions such as using disks created on other systems or down -loading_ files onto
systems not protected by ppropriate virus protection software.
5. Privacy and Ownership
Employees should not have expectations of privacv for Internet use or e-mail. Administrators or
management personnel can monitor Internet usage for planning and managing network resources
performance, troubleshooting_purposes, or if abuses are suspected. The City will block or limit
access to websites whose content and services degrade available network resources. E-mail content
should be considered a public record and subject to the same rules as printed material. All the City's
ISN components purchased and supported by the City and the data contained on those systems are
considered to be the property of the City of Kalispell.
6. Enforcement
Immediately upon implementation of this policy, Department supervisors will be responsible to
provide a copy of this policy to and collect signed consent forms from all employees who have
access to the City's Information Systems Network.
An employee who violates any provision of this policy shall be subject to disciplinary action under
Section 40-9, up to and including discharge.
In the event that an individual who violates this policy is not appropriately disciplined for violations
of this policy, the City Manager reserves the right to terminate the responsible party's access to the
City ISN.
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MISCELLANEOUS
7. Virus Introduction —Loss of Privileges and Disciplinary Action
When an e-mail or Internet -carried virus is activated on the City's Information System Network, the
City will investigate the incident to determine whether the user should be held responsible. In the
event that the investigation demonstrates fault by the user, the investigator shall communicate that
finding to the City Manager. If the City Manager concludes that the user is responsible, that user
shall lose Internet access or e-mail privileges as follows:
(a) On the first occasion the user's Internet access or e-mail privileges will be removed
(with incoming e-mail be redirected to another user designated by the Department head) for a
period of 15 dates.
(b) On the second occasion the user's Internet access or e-mail privileges will be
removed with incoming e-mail redirected to another user designated by the Department
head) for a period of 45 days.
(c) On the third occasion the user's Internet access or e-mail privileges will be removed
permanently.
When an e-mail or Internet carried virus is activated on the Ci1y's computer system and, after
investigation it is determined that the employee was at fault and loss of Internet or e-mail access
results the Department head may submit the matter for consideration of further disciplinary action
under Section 40-9.
In the event that an employee's Internet access or e-mail use is removed permanently under this
section and this action seriously impacts the employee's abilityperform his/her assigned tasks,
the emplo ee may be reassigned or terminated b the department head in accordance with the city's
policy on discipline, Section 40-9.
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MISCELLANEOUS
CITY OF KALISPELL
Employee Consent Form on Use of City's Information System Network,
Internet, and E-Mail
I have read the City of Kalispell's Policy on
the City's Information System Network in general and the use of the Internet and E-Mail services in
particular, and agree to comply with all its terms and conditions. I understand and agree that all
computer and electronic activity, including but not limited to word processing documents, electronic
mail and Internet network activity, being conducted on City resources is the property of the City of
Kalispell.
I acknowledge and consent to the City's right to monitor, log access, and review all such
activity, with or without notice and therefore I have no expectation of privacy in the use of those
resources I understand that such monitoring may include printing and reading all electronic mail
and data entering, leaving or stored on the City's Information System.
Finally I understand that violation of this Policy may subject me to discipline, up to and
including; termination of employment with the City of Kalispell.
Emplo eye Signature Date
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MISCELLANEOUS