H3. Resolution 5758 - Personnel Handbook RevisionsCity of Kalispell
201 1st Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7000 Fax (406)758-7757
TO: Doug Russell, City Manager
FROM: Terry Mitton, Director of Human Resources
SUBJECT: Revisions to the City of Kalispell Personnel Policy Handbook
MEETING DATE: April 4, 2016
BACKGROUND: The City of Kalispell is insured under the Montana Municipal Interlocal
Authority's (MMIA) Employment Practices Coverage (EPC) (formally known as Employment
Practices Liability, EPL or Endorsement for Employment Practices Coverage, EEPC). This
Endorsement expands our current Liability Coverage to include defense and indemnity costs for
wrongful employment practices including the actual or alleged wrongful employment
termination, unlawful discrimination, sexual harassment, Civil Rights violations and/or
workplace torts.
In order to ensure effective coverage under this Endorsement, MMIA is required to complete a
renewal process and last October adopted new underwriting criteria for these endorsements. This
change requires MMIA to fully review the City's documentation related to our Employment
Practices. To this end, the City provided to MMIA multiple documents, which included, but were
not limited to:
• City of Kalispell Personnel Policy Handbook
• Employment hiring processes which included samples of:
o Job Descriptions
o City's Application
o Drug Testing
o Background checks
o Interview and hiring assessment processes
• City's Safety & Health Manual
• Employee training including: safety, harassment & discrimination prevention programs
• Records Retention (personnel, medical, recruiting/selection files)
Following MMIA's two -month review involving comprehensive discussions with our Human
Resource and Legal Departments, MMIA has recommended two (2) minor changes to our
Personnel Policy & Procedures Manual. One is within SECTION 30-1 TYPES OF
EMPLOYMENT AND ELIGIBILITY FOR BENEFITS related to our definition of a "Short
Term Worker" and the other is within SECTION 60-5 LEAVE OF ABSENCE WITHOUT PAY.
We agree that these sections should be modified as shown in Resolution No. 5758, attached, to
1
comply with Montana State Law. MMIA commended the City on its overall employment
practices and procedures. These revisions have been reviewed and approved by the Kalispell
City Attorney's office.
These amendments will not affect current union contracts recognized by the City.
No financial impacts from these changes are anticipated.
RECOMMENDATION: The City Council approves Resolution 5758, adopting revisions to
sections 60-5, and 30-1 of the City of Kalispell Personnel Policy Handbook.
ATTACHMENTS: Resolution 5758, Revisions to the Personnel Policy Handbook
Resolution Exhibit A: Section 30-1, Types of Employment and Eligibility for
Benefits, and Section 60-5, Leave of Absence without Pay
2
RESOLUTION NO. 5758
A RESOLUTION TO AMEND THE CITY OF KALISPELL PERSONNEL POLICY
HANDBOOK ADOPTED BY RESOLUTION NO. 5716 BY REVISING SECTION 30-1 TYPES
OF EMPLOYMENT AND ELIGIBILITY FOR BENEFITS, AND SECTION 60-5 LEAVE OF
ABSENCE WITHOUT PAY.
WHEREAS, it is in the best interests of the City of Kalispell and its employees that policies of the City
regarding employer and employee rights and obligations be adopted and approved by the
City Council and expressed in a Personnel Policy Handbook; and
WHEREAS, on May 2, 1994, the City Council adopted Resolution No. 4150, first adopting a
Personnel Policy Handbook applicable to all City employees; and
WHEREAS, since then the Personnel Policy Handbook has been updated by amendment a number of
times and was last revised on April 20, 2015, when the City Council adopted Resolution
No. 5716; and
WHEREAS, the Montana Municipal Interlocal Authority (MMIA) provides insurance to the City
under its Employment Practices Coverage (EPC) and upon review of the City's Personnel
Policy Handbook, has recommended two amendments of which the City's Legal and
Human Resource Departments are in agreement; and
WHEREAS, the City Council finds that the proposed changes attached hereto as Exhibit "A", are
appropriate and necessary amendments to the City of Kalispell Personnel Policy
Handbook.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION 1. That the City of Kalispell Personnel Policy Handbook last adopted by Resolution
No. 5716 is hereby amended by revising Section 60-5, Leave of Absence without
Pay, and Section 30-1, Types of Employment and Eligibility for Benefits, as
shown in Exhibit "A" attached hereto and fully incorporated herein by this
reference.
SECTION 2. 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 4TH DAY OF APRIL, 2016.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk
RESOLUTION 5758, EXHIBIT "A"
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.
II. STATEMENT OF POLICY:
a. The types of City employment are:
Probationary Employee: A newly hired employee 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.
ii. Regular Full -Time Employee: An employee who has successfully
completed the initial 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.
iii. Regular Part -Time Employee: An employee who has successfully
completed the initial 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.
iv. 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.
v. 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.
vi. 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.
vii. 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.
viii. Short�-s�term
om� ninety
An employee whose � ofk assignment is limited"'
�lcruiu ion tVTII1Zety (90) days of less, without reward to the n mbeF of hours
J,�c PI'C12CTLC�rG�LLrCrCUT12GTILCIr1V�TPt•72QLLTJ
weFked, who is not eligible for permanent status, and who may not be
hired into another position by the City without a competitive selection
process.. may not work for the city for more than 90 days in a continuous
12-month period
x. Transitional Employee: A city employee who has been temporarily
reassigned to duties other than his normal duties under the city's Early -
Return -to -Work Policy.
xi. Recurrent Seasonal Employee: An employee who would be considered an
on -call as designated by the City and who; has worked previously for the
City, performs duties interrupted by at least one season, works less than
960 hours in a calendar year, and who may be recalled without the loss of
rights or eligibility for health insurance benefits, so long as that employee
maintains those benefits during the period when not working for the City.
Employees who do not maintain those benefits shall not be eligible for
reinstatement of said benefits.
b. Employee compensation shall be stated in terms of annual or monthly salary
or hourly wage.
c. Entitlement to employee benefits shall be as follows:
i. 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.
ii. Probationary employees, who, upon successful completion of their initial
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.
iii. 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 initial 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.
iv. 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.
v. 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.
d. Employees taking unpaid leave without pay, temporary disability leave, or
Family and Medical Leave, shall not accrue sick leave or vacation time while
on such leave.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution #<NEW REVISION DATE?>
SECTION 60-5
SUBJECT: LEAVE OF ABSENCE WITHOUT PAY
PURPOSE:
a. To establish procedures by which an employee may request a voluntary leave
of absence from employment with the City.
b. To establish conditions under which approved requests for a voluntary leave
of absence are administered.
c. To formalize past city practice regarding employment of city employees on
extended temporary disability leave, resulting from work -related illness or
injury to the employee.
II. STATEMENT OF POLICY:
a. Voluntary Leaves Without Pay -Employee "Sabatticals."
i. 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.
ii. 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.
iii. No sick leave, holiday, vacation benefits or any other fringe benefits
shall accrue while the employee is on leave of absence without pay.
iv. 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.
v. Time on leave of absence is not allowed in computing service time for
retirement purposes under Public Employees' Retirement System.
vi. 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.
vii. 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.
viii. 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.
ix. 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.
b. Extended leaves of absence resulting from work -related illness or injury.
i. Leaves of absence for temporary disability resulting from work -related
illness or injury lasting more than thirty (30) consecutive days, shall be
considered extended disability leaves of absence without pay under
this policy.
ii. Any 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 up 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.
iii. 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 Manager shall then make a
decision regarding the employee's status 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.
iv. Extended temporary disability leave without pay will be considered or
granted only after the affected employee has exhausted all accrued sick
leave, vaeation'saes, compensatory time, and FMLA benefits.
v. If granted, the employee shall submit physician re -certifications of the
medical condition no more than once each thirty (30) days while on
leave.
vi. Re -certifications may be obtained earlier than every thirty (30) days i£
1. circumstances described by the previous certification have
changed significantly (e.g., duration, frequency, or severity of
the condition); or
2. the employer receives information that casts doubt on the
employee's stated reason for the absence.
vii. Before returning to work, the employee must receive full medical
clearance from a physician confirming his ability to perform all
necessary duties of his former position.
viii. 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 and there exists no reasonable
accommodation(s) as defined by the American Disabilities Act
without undue hardship on the City and employee, the employee's
position will be deemed vacated by the City and his employment with
the City will be terminated.
ix. If the injured employee is capable 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.
c. Other rules applicable to extended disability leave.
i. No sick leave, holiday, vacation benefits or any other fringe benefits
shall accrue while the employee is on disability leave of absence
without pay.
ii. 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 City is not interrupted by authorized leave of absence
iii. Time on disability leave of absence is not allowed in computing service
time for retirement purposes under Public Employees' Retirement
System.
iv. Any employee on an approved disability leave of absence may
continue his or her medical, dental and optical insurance coverage by
paying the 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.
d. 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: May 3, 1994
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution #<NEW REVISION DATE?>