Resolution 4561 - Revise Personnel Policies Handbook2120
RESOLUTION NO. 4561
A RESOLUTION ADOPTING A REVISED PERSONNEL POLICIES HANDBOOK FOR ALL
CITY EMPLOYEES AND DECLARING AN EFFECTIVE DATE.
WHEREAS, it is in the best interests of the citizens of the City of
Kalispell, and employees of the City of Kalispell, that all
policies relating to persons working for the City of
Kalispell be placed in a Personnel Policies Handbook, and
WHEREAS, on May 2, 1994, the City Council adopted Resolution No.
4150, adopting a Personnel Policies Handbook for all City
employees, and
WHEREAS, since that time, a number of substantial revisions have
been made to the Personnel Policies Handbook.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL AS FOLLOWS:
SECTION I. That the Personnel Policies Handbook dated May
2, 1994 is hereby repealed.
SECTION II. That the Revised Personnel Policies Handbook
presented to the City Council on June 19, 2000,
is hereby adopted as the official Personnel
Policies Handbook for all employees of the City
of Kalispell, Montana.
SECTION III. This Resolution shall become effective
immediately upon its passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 19TH DAY OF JUNE, 2000.
ATTEST:
Theresa White
City Clerk
Wm-E . baharski.
Wm. E. Boharski
Mayor
TABLE OF CONTENTS
GENERAL
10-1
PURPOSE AND DISCLAIMERS . . . . . . . . . . . . .
. . . 1
10-2
AMERICANS WITH DISABILITIES ACT (ADA) POLICY
AND GRIEVANCE PROCEDURE . . . . . . . . . . . . .
. . . 3
10-3
EMPLOYEE IDENTIFICATION CARDS . . . . . . . . . . .
. . . 7
10-4
ADMINISTRATION OF EMPLOYEE PERSONNEL RECORDS . .
. . . . 9
10-5
UNION RIGHTS . . . . . . . . . . . . . . . . . .
. . . 12
10-6
REQUESTS FOR LEGAL WORK . . . . . . . . . . . . .
. . . 13
EMPLOYMENT
20-1
EQUAL EMPLOYMENT OPPORTUNITY . . . . . . . . . .
. . . 15
20-2
NONDISCRIMINATION . . . . . . . . . . . . . . . .
. . . 21
2 0 - 3
HARASSMENT . . . . . . . . . . . . . . . . . . .
. . . 22
20-4
SCHEDULING DAYS/HOURS OF WORK . . . . . . . . . .
. . . 24
20-5
OVERTIME/COMPENSATORY TIME . . . . . . . . . . .
. . . 26
20-6
WORK PERMITS FOR MINORS . . . . . . . . . . . . .
. . . 30
20-7
NEPOTISM . . . . . . . . . . . . . . . . . . . .
. . . 31
2 0 - 8
PROBATION PERIOD . . . . . . . . . . . . . . . .
. . . 32
2 0 - 9
RE-EMPLOYMENT . . . . . . . . . . . . . . . . . .
. . . 34
20-10
SPECIAL EMPLOYMENT PROGRAMS . . . . . . . . . . .
. . . 35
20-11
EMPLOYEE IN-PROCESSING/ORIENTATION . . . . . . .
. . . 36
20-12
HIRING PROCESS . . . . . . . . . . . . . . . . .
. . . 37
20-13
EMPLOYEE TERMINATION AND EXIT PROCESS . . . . . .
. . . 43
i
� __" 3
30-1 TYPES OF EMPLOYMENT AND ELIGIBILITY FOR BENEFITS . . . 47
30-2 MEDICAL/HEALTH INSURANCE COVERAGE . . . . . . . . . . . 49
3 0 - 3 RETIREMENT . . . . . . . . . . . . . . . . . . . . . . 51
30-4 DEFERRED COMPENSATION PLANS . . . . . . . . . . . . . . 53
EMPLOYEE CONDUCT
4 0 -1
EMPLOYEE CONDUCT . . . . . . . . . . . . . . . .
. . . 54
40-2
EMPLOYEE PERSONAL APPEARANCE . . . . . . . . . .
. . . 56
40-3
PERSONAL TELEPHONE CALLS/FAX . . . . . . . . . .
. . . 57
40-4
POLITICAL ACTIVITY . . . . . . . . . . . . . . .
. . . 58
40-5
OUTSIDE EMPLOYMENT . . . . . . . . . . . . . . .
. . . 59
40-6
USE OF CITY VEHICLES . . . . . . . . . . . . . .
. . . 61
40-7
EMPLOYEE CONTRACTS WITH THE CITY . . . . . . . .
. . . 62
40-8
EMPLOYEE ASSISTANCE PROGRAM . . . . . . . . . . .
. . . 63
40-9
DISCIPLINARY ACTION . . . . . . . . . . . . . . .
. . . 65
40-10
GRIEVANCE PROCESS . . . . . . . . . . . . . . . .
. . . 70
40-11
LOBBYING BEFORE STATE LEGISLATURE OR OTHER
GOVERNMENTAL AGENCIES . . . . . . . . . . . . .
. . . 72
40-12
SMOKING POLICY FOR CITY EMPLOYEES WITHIN
CITY -OWNED FACILITIES . . . . . . . . . . . . .
. . . 74
40-13
SOLICITATIONS . . . . . . . . . . . . . . . . . .
. . . 76
40-14
CONTRIBUTIONS AND HONORARIUMS . . . . . . . . . .
. . . 77
4 0 -15
DRUG FREE WORK PLACE . . . . . . . . . . . . . .
. . . 78
40-16
DRUG AND ALCOHOL TESTING . . . . . . . . . . . .
. . . 82
ii
COMPENSATION
50-1
EMPLOYEE COMPENSATION . . . . . . . . . . . .
. . . . . 99
50-2
POSITION CLASSIFICATION PAY . . . . . . . . .
. . . . . 100
50-3
PERFORMANCE EVALUATION . . . . . . . . . . .
. . . . . 101
50-4
PAY PLAN ADJUSTMENTS/LONGEVITY . . . . . . .
. . . . . 102
50-5
DATE OF HIRE/ANNIVERSARY DATE . . . . . . . .
. . . . . 103
50-6
DEMOTIONS . . . . . . . . . . . . . . . . . .
. . . . . 104
50-7
POSITION DESCRIPTIONS . . . . . . . . . . . .
. . . . . 105
5 0 - 8
PROMOTIONS . . . . . . . . . . . . . . . . .
. . . . . 106
50-9
RECLASSIFICATION PROCEDURE . . . . . . . .
. . . . . . 108
50-10
TRANSFERS . . . . . . . . . . . . . . . . .
. . . . . . 110
50-11
WORKING OUT OF CLASSIFICATION PAY . . . . .
. . . . . . 112
5 0 -12
GARNISHMENT . . . . . . . . . . . . . . . .
. . . . . . 114
5 0 -13
PAY ADVANCES . . . . . . . . . . . . . . .
. . . . . . 115
5 0 -14
PAY PERIODS . . . . . . . . . . . . . . . .
. . . . . . 116
50-15
PAYROLL DEDUCTIONS . . . . . . . . . . . .
. . . . . . 118
LEAVE ADMINISTRATION
6 0 -1
VACATION LEAVE . . . . . . . . . . . . .
. . . . . . .. 120
60-2
SICK LEAVE . . . . . . . . . . . . . . .
. . . . . . . 123
60-3
HOLIDAYS AND HOLIDAY PAY . . . . . . . .
. . . . . . . 127
60-4
LEAVE OF ABSENCE WITHOUT PAY . . . . . .
. . . . . . . 129
60-5
ABSENCE WITHOUT LEAVE . . . . . . . . . .
. . . . . . . 131
60-6
MILITARY LEAVE . . . . . . . . . . . . .
. . . . . . . 132
6 0 - 7
JURY DUTY . . . . . . . . . . . . . . . .
. . . . . . . 135
iii
60-8 FAMILY AND MEDICAL LEAVE . . . . . . . . . . . . . . . 136
RISK
70-1 COLLISION INVESTIGATION INVOLVING CITY EMPLOYEES
AND/OR VEHICLES . . . . . . . . . . . . . . . . . . .
140
70-2
ACCIDENTS INVOLVING DEFECTIVE EQUIPMENT . . . . . . . .
142
70-3
EMPLOYEE ACTIONS AT ACCIDENT SCENES . . . . . . . . . .
143
70-4
DRIVER'S LICENSES . . . . . . . . . . . . . . . . . . .
144
70-5
EMERGENCY CONDITIONS . . . . . . . . . . . . . . . . .
145
70-6
EMPLOYEES SAFETY AND HEALTH COMMITTEE . . . . . . . . .
146
70-7
FLAGGING CERTIFICATION . . . . . . . . . . . . . . . .
148
7 0 - 8
INSURANCE CLAIMS . . . . . . . . . . . . . . . . . .
. 149
70-9
MINIMUM QUALIFICATION FOR THE OPERATION OF CITY -OWNED
MOTOR VEHICLES AND PRIVATELY -OWNED VEHICLES WHILE
CONDUCTING OFFICIAL BUSINESS . . . . . . . . . . . .
. 150
70-10
USE OF CITY -OWNED MOTOR VEHICLES . . . . . . . . . .
. 152
70-11
ON-THE-JOB INJURY OR ILLNESS . . . . . . . . . . . .
. 154
70-12
SAFETY AND ACCIDENT PREVENTION . . . . . . . . . . .
. 155
7 0 -13
SAFETY EQUIPMENT . . . . . . . . . . . . . . . . . .
. 157
70-14
SAFETY BULLETIN BOARDS . . . . . . . . . . . . . . .
. 159
70-15
OCCUPATIONAL INJURY AND ILLNESS RECORD KEEPING . . .
. 160
70-16
SAFETY ORIENTATION, ACCIDENT INVESTIGATION AND
REPORTING . . . . . . . . . . . . . . . . . . . . .
. 162
70-17
FIRST AID TRAINING AND FIRST AID KITS . . . . . . . .
. 168
MISCELLANEOUS
80-1 TRAVEL EXPENSES WHILE ON CITY BUSINESS . . . . . . . . 169
80-2 SPECIAL LICENSES AND MEMBERSHIP FEES . . . . . . . . . 172
iv
80-3 LAWSUITS AGAINST THE CITY . . . . . . . . . . . . . . . 173
80-4 TRAINING PROGRAMS, INCLUDING SEMINARS OR CONVENTIONS . 174
v
SECTION 10-1
SUBJECT: PURPOSE AND DISCLAIMERS
PURPOSE:
1. Purpose of Personnel Policies and Procedures
2. Disclaimers
3. Organization of Personnel Policies and Procedures
STATEMENT OF POLICY:
General Purpose: These policies are enacted by the City of
Kalispell in order to further the following goals:
1. To provide a uniform system of personnel administration
throughout the City service.
2. To ensure that recruitment, selection, placement, promotion,
retention and separation of City employees are based upon
employees' qualifications and fitness, and are in compliance with
federal and state laws.
3. To assist managers in the development of sound management
practices and procedures, and to make effective consistent use of
human resources throughout the City.
4. To promote communication between directors, supervisors, and
employees.
S. To ensure, protect and clarify the rights and responsibilities
of employees.
Scope: Except for wages, benefits and conditions of employment,
these Personnel Policies and Procedures shall apply to all City
employees except elected officials and independent contractors. In
the event of conflict between these rules and any collective
bargaining agreement, personnel services contract, City ordinance,
Police Commission rule, or state or federal law, the terms and
conditions of that contract, rule or law shall prevail. In all
other cases, these policies and procedures shall apply.
In the event of the amendment of any ordinance, rule or law
incorporated in this document or upon which these provisions rely,
EMPLOYEE HANDBOOK
GENERAL SECTION 10 1
these rules shall be deemed amended in conformance with those
changes.
THE CITY SPECIFICALLY RESERVES THE RIGHT TO REPEAL, MODIFY OR AMEND
THESE POLICIES AT ANY TIME, WITH OR WITHOUT NOTICE. NONE OF THESE
PROVISIONS SHALL BE DEEMED TO CREATE A VESTED CONTRACTUAL RIGHT IN
ANY EMPLOYEE NOR TO LIMIT THE POWER OF THE CITY MANAGER OR COUNCIL
TO REPEAL OR MODIFY THESE RULES. THE POLICIES ARE NOT TO BE
INTERPRETED AS PROMISES OF SPECIFIC TREATMENT.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
GENERAL SECTION 10 2
SECTION 10-2
SUBJECT: AMERICANS WITH DISABILITIES ACT (ADA) POLICY
AND GRIEVANCE PROCEDURE
PURPOSE: To provide a reasonable policy and procedure that will
ensure the following:
1. Equal opportunities for disabled persons to participate in and
benefit from services, programs, or activities sponsored by the
City.
2. A bias -free environment for disabled employees, or for
disabled persons who seek employment with the City.
3. Prompt and equitable resolution of complaints alleging
discrimination on the basis of a disability.
STATEMENT OF POLICY:
The City of Kalispell does not discriminate on the basis of race,
color, national origin, sex, religion, age, political affiliation,
marital status, sexual preference or orientation, or disability in
employment or the provision of services. It is the intent of the
City to guarantee disabled persons equal opportunity to participate
in or enjoy the benefits of City services, programs, or activities,
and to allow disabled employees a bias free work environment. The
City, upon request, will provide reasonable accommodation in
compliance with the Americans With Disabilities Act (ADA).
The City is committed to creating an environment in which facili-
ties for public meetings and general public use are accessible.
Furthermore, the City will provide auxiliary aids and services
(interpreters, readers, assisted listening devices, text tele-
phones, large print materials, audio tape, help in filling out
forms, and other similar services and actions) if necessary and if
such reasonable accommodation can be provided without undue
hardship to the City. Disabled persons may request the auxiliary
aids and services of their choice, which will be given primary
consideration. Communication of accessibility will be included in
City publicity announcements.
The City has a commitment to ensure equal opportunities for
disabled City employees. Every reasonable effort will be made to
provide an accessible work environment and additional accommoda-
tions, including auxiliary aids and services. Employment practices
(e.g. hiring, training, testing, transfer, promotion, compensation,
EMPLOYEE HANDBOOK
GENERAL SECTION 10 3
benefits, termination, etc.) will be administered in such manner as
not to promote discrimination of disabled employees. Recruitment
and selection processes will grant equal opportunity for employment
to qualified applicants and will not discriminate on the basis of
disability. Reasonable accommodations will be provided upon request
during an application/interview process.
The City is also committed to ensure equal opportunity for disabled
persons to participate on boards and commissions. Board and
commission meetings will be held in accessible locations, requested
auxiliary aids will be provided, and reasonable accommodations will
be provided during the selection process of board and commission
members. Through the recruitment process, the City will actively
seek and invite the participation of board and commission members
who are disabled.
All future construction and renovation of City -owned buildings and
facilities will be carried out in accordance with ADA Accessibility
Guidelines (ADAAG).
In the event citizens, employees, or other participants in the
City's programs, services, and activities feel the City has
violated their rights under the ADA, this policy provides a
grievance procedure for handling such complaints.
City staff will be trained to ensure that disabled persons may
participate in and benefit from City programs, services, and
activities.
GRIEVANCE PROCEDURE:
The City of Kalispell adopts the following internal grievance
procedure providing for prompt and equitable resolution of
complaints alleging any action prohibited by the Equal Employment
Opportunity Commission (EEOC) regulations implementing Title I of
the ADA and the U.S. Department of Justice regulations implementing
Title II of the ADA. Title I of the ADA states that "no covered
entity shall discriminate against a qualified individual with a
disability because of the disability of such individual in regard
to job application procedures, the hiring, advancement, or
discharge of employees, employee compensation, job training, and
other terms, conditions, and privileges of employment". Title II
of the ADA states that "no qualified individual with a disability
shall, by reason of such disability, be excluded from participation
in or be denied the benefits of the services, programs, or
activities of a public entity, or be subjected to discrimination by
any such entity".
EMPLOYEE HANDBOOK
GENERAL SECTION 10 4
Complaints should be addressed to: ADA Coordinator, City of
Kalispell, P. 0. Box 1997, Kalispell, MT 59903-1997, Telephone:
(406) 758-7700. The ADA Coordinator has been designated to
coordinate ADA compliance efforts. He or she shall maintain the
files and records of the City relating to the complaints filed and
ensuing investigations.
1. A complaint may be filed either in writing or verbally. it
shall consist of the name and address of the person filing it, or
on whose behalf it is filed, and a brief description of the alleged
violation of the ADA regulations. A complaint shall be filed
within twenty (20) calendar days after the complainant becomes
aware of the alleged violation.
2. An investigation, as may be appropriate, shall follow a filing
of the complaint. The investigation shall be commenced by the ADA
Coordinator, or the designee of the ADA Coordinator, within ten
(10) calendar days following the filing of the complaint. The
investigation will be informal but thorough, affording all
interested persons and their representatives, if any, an
opportunity to submit information relevant to such investigation.
3. A written determination as to the validity of the complaint
and a resolution of the complaint, if any, shall be issued by the
ADA Coordinator and a written copy mailed to the complainant within
thirty (30) calendar days following the filing of the complaint.
4. The complainant may request a reconsideration of the case
determination of the ADA Coordinator in instances where he or she
is dissatisfied with the resolution. The request for reconsider-
ation shall be made within ten (10) calendar days following the
date the complainant receives the determination of the ADA
Coordinator. The request for reconsideration shall be made to the
City Manager, City of Kalispell, P. 0. Box 1997, Kalispell, MT
59903-1997, Telephone: (406) 758-7700. The City Manager shall
review the records of said complaint and may conduct further
investigation when necessary to obtain additional relevant
information. The City Manager shall issue his or her decision on
the request for reconsideration within twenty (20) calendar days of
the filing of the request for reconsideration. A copy of said
decision shall be mailed to the complainant.
5. The complainant may request a reconsideration of the case
determination of the City Manager in instances where he or she is
dissatisfied with the decision of the City Manager. The request
for reconsideration should be made within ten (10) calendar days
following the date the complainant receives the determination of
EMPLOYEE HANDBOOK
GENERAL SECTION 10 5
the City Manager. The request for reconsideration shall be made to
the City Council of the City of Kalispell through the Personnel
Specialist, or the designee of the Personnel Specialist, City of
Kalispell, P.O. Box 1997, Kalispell, MT 59903-1997, Telephone:
(406) 758-7700. The City Council shall review the records of said
complaint and may conduct further investigation when necessary to
obtain additional relevant information and shall issue its decision
thereon within thirty (30) calendar days of the filing of the
request for reconsideration. A copy of said decision shall be
mailed to the complainant. The decision of the council is final.
6. The complainant's right to a prompt and equitable resolution
of the complaint must not be impaired by his or her pursuit of
other remedies, such as the filing of a complaint with the U.S.
Department of Justice or any other appropriate federal agency, or
the Montana Human Rights Commission. Furthermore, the filing of a
lawsuit in state or federal district court can occur at any time.
The use of this grievance procedure is not a prerequisite to the
pursuit of other remedies.
7. These rules shall be construed to:
a. protect the substantive rights of interested persons
b. meet appropriate due process standards
C. comply with the ADA in implementing regulations
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
GENERAL SECTION 10 6
SECTION 10-3
SUBJECT: EMPLOYEE IDENTIFICATION CARDS
PURPOSE: To establish procedures for the issuance of identifica-
tion cards to City Employees.
STATEMENT OF POLICY:
It is the policy of the City of Kalispell to issue employee
identification cards to all regular full-time and regular part-time
employees. Cards may also be issued to other employees who may
require City identification while working in remote job sites. The
card contains the following information: employee name, position,
department, physical description, and emergency information.
The card should be carried at all times when an employee is acting
in an official capacity. The card shall be used as identification
if requested by a member of the public or another City employee.
It also provides immediate access to emergency information should
an employee become injured or incapacitated on the job.
Unauthorized or inappropriate use of the employee identification
card is prohibited and will result in disciplinary action.
Police and Fire Departments may issue their own department
identification card in lieu of the City identification card, if
preferred.
The Personnel Office is responsible for the preparation of the
identification card and will coordinate with the City Police
Department for the employee's photograph. Each employee is
responsible for possession of their identification card and to take
care to protect it from loss, theft or misuse.
Should a card be lost, damaged or destroyed, it should be
immediately reported to the Personnel office.
All identification cards remain the property of the City and shall
be returned to the Personnel Office upon termination of employment
or by special request by the employee's department head or the
Personnel Office.
It shall be the employee's responsibility to ensure accurate and
timely updates of information contained on the employee
EMPLOYEE HANDBOOK
GENERAL SECTION 10 7
identification card. All requests for re -issuance of employee
identification cards shall be made by the employee to the Personnel
Office. All old I.D. cards shall be returned to the Personnel
Office before issuance of a new card.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
GENERAL SECTION 10 8
SECTION 10-4
SUBJECT: ADMINISTRATION OF EMPLOYEE PERSONNEL RECORDS
PURPOSE: To establish procedures and responsibilities for the
maintenance of employee Personnel Records.
STATEMENT OF POLICY:
1. Establishment of procedures and responsibilities for the main-
tenance of personnel records.
a. The Personnel Specialist is responsible for establishing
and maintaining an official personnel file for each employee
of the City.
b. Department heads are responsible for the forwarding of
documents for inclusion in the Personnel files of those
employees assigned to their department.
C. Each employee is responsible for the verification of
information contained in the personnel file through periodic
audit. An administration representative must be present when
file is audited. Only the Personnel Specialist may remove
items from the respective files with notification to
respective department head. All audits or inspection of
records by employees shall be scheduled by the department
head. All audit appointments should be with the Personnel
Specialist. The purpose of the audit or inspection is to
ensure accuracy and completeness of the file.
d. Separate personnel files shall not be maintained by
individual departments.
2. Identification of information to be included in the employee's
personnel file:
a. Permanent Documents. Documents retained in the folder
throughout the association of an employee with the City:
1. Employee application
2. Job description and specification information
3. Job performance ratings and evaluations
4. Education/training information
EMPLOYEE HANDBOOK
GENERAL SECTION 10 9
5. Personnel data card
6. Personnel action forms
7. Leave information
b. Temporary documents (Personnel). Documents which have
limited retention of three (3) calendar years or less unless
otherwise provided pursuant to labor agreement.
Examples include:
1. Administrative correspondence relating to
leave/vacation requests.
2. All other administrative documents of limited
informational life span.
3. Letters of appreciation or commendation.
3. Establishment of procedures for the release and accessibility
of information and audit of the personnel files.
a. Personnel treats as confidential all employee information
except when requested to verify information relating to job
title, department, base salary, and dates of employment.
b. Information contained in the personnel file (other than
items listed in Section 3a) will not be released to the public
without the express written permission of the employee,
provided, however, certain situations may arise where the City
as current or past employer has a duty to prospective
employers concerning such employee's character or medical
history, in which cases, pertinent information may be released
to the prospective employer without the permission of the
employee. However, any such medical information will be kept
separate from the employee's personnel file.
C. Access to information contained in the personnel file
will be limited to the City Manager, 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.
EMPLOYEE HANDBOOK
GENERAL SECTION 10 10
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.
S. This policy will be periodically reviewed to ensure compati-
bility with current accepted personnel procedures.
6. These records are maintained during the tenure of the employee
and for seven years after the employee leaves City employment, and
then they are destroyed.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
GENERAL SECTION 10 11
SECTION 10-5
SUBJECT: UNION RIGHTS
PURPOSE: To establish a policy for union rights and procedures for
union activities.
STATEMENT OF POLICY:
The City recognizes the following unions as the exclusive
bargaining representatives for the designated employees of the
following bargaining units:
1. American Federation of State, County, & Municipal Employees,
Local No. 256
2. International Association of Firefighters, Local No. 547
3. Kalispell Police Association
All City employees have a right to belong to an appropriate
bargaining unit unless they are exempt as defined by law, or
exclusion by union contracts. Additional conditions of membership
are described in each labor contract.
Each bargaining unit separately negotiates contracts for its
employees with the City. Wages, benefits and conditions of
employment of union employees will be provided as specified in the
respective labor agreement. Employees are not granted time off with
pay to perform union activities unless specifically provided for in
the labor agreement. City equipment and facilities are not to be
used for union activity unless specifically provided for in the
labor agreement, unless approved by the City Manager on a case -by -
case basis.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
GENERAL SECTION 10 12
SECTION 10-6
SUBJECT: REQUESTS FOR LEGAL WORK
PURPOSE: To establish uniform
opinions, assistance, contracts,
from the City Attorney.
STATEMENT OF POLICY:
guidelines for requesting legal
resolutions, ordinances, etc.,
It is the policy of the City that all requests for legal assistance
which require a written response (opinion, resolution, ordinance,
etc.) shall be processed through the City Manager's office.
EXCEPTIONS:
1. These policies and procedures shall not apply to requests made
by majority of the City Council.
2. These policies and procedures shall not apply to routine
matters that can be addressed over the phone or in person without
a formal written response.
PROCEDURES FOR WRITTEN REQUESTS:
1. All requests shall be documented in writing.
2. All requests should include:
a. City employee requesting action.
b. Subject of request.
C. Response time or date needed.
d. Description of action requested.
e. Copies of any attachments, e.g., draft contract,
resolution, ordinance, etc.
3. The requests must be approved by the City Manager, and
initialed or verbally approved before legal work is undertaken.
4. The City Attorney will return all written responses to the
City Manager's office. As soon as the response is noted, it will
be disseminated to the staff person initiating the request.
EMPLOYEE HANDBOOK
GENERAL SECTION 10 13
5. The City Manager will review the status of pending items with
the City Attorney on a periodic basis as needed.
6. A copy of all City Attorney opinions shall be maintained in
the City Attorney's office.
7. Claims for legal services which are rendered without the
approvals required herein may be denied.
PROCEDURES FOR TELEPHONE REQUESTS:
All attorneys in the City Attorney's office can be reached by
calling Extension 7708 and asking for the particular attorney by
name. The address is City Attorney's Office, P. 0. Box 1997,
Kalispell, MT.
If you are dealing with a particular attorney or know that a
particular attorney has been assigned a matter, you should call
that person directly.
For new or general matters, you should call one of the following in
the indicated order of priority:
1. City Attorney
2. Assistant City Attorney
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
GENERAL SECTION 10 14
SECTION 20-1
SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY
PURPOSE: To establish a policy to ensure equal employment
opportunity with the City and to outline procedures for action in
case of violation.
STATEMENT OF POLICY:
It is the policy of the City to ensure equal employment opportunity
for all employees and appointed representatives. This commitment
includes a mandate to promote and afford equal treatment and
services to all citizens, employees and City representatives, and
to assure equal employment opportunity based on ability and fitness
to all persons regardless of race, religion, color, creed, national
origin, sex, marital status, political affiliation, age, or the
presence of any sensory, mental, or physical handicap unless such
disability effectively prevents the performance of duties required
by the position and which are bonafide occupational qualifications.
The goals and objectives of the Equal Employment Opportunity Policy
are to:
1. Ensure fair treatment and non-discrimination in City hiring,
City employment, and in appointments to and service on City boards
and commissions.
2. Provide compliance with state and federal equal opportunity
requirements and regulations.
3. Provide a basis for encouraging those who do business with the
City to practice Equal Employment Opportunity.
PROGRAM RESPONSIBILITY:
The Personnel Specialist shall serve as the Equal Opportunity
Officer to carry out the Equal Employment Opportunity Policy and
Program. The Officer shall be the focal point for the City's equal
opportunity efforts and shall advise and assist staff and
management personnel in all matters regarding implementation of and
compliance with the Equal Employment Opportunity Policy, and be
responsible for the successful execution of the program, utilizing
the assistance of appropriate state and community agencies. The
Equal Opportunity Officer will have responsibility to examine
existing internal policies or procedures which may serve as
barriers to implementing the Equal Employment Opportunity Program.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 15
EQUAL EMPLOYMENT OPPORTUNITY PRACTICES:
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) calendar days.
b. Jobs must be advertised with the Job Service, State of
Montana.
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.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 16
APPOINTED CITY REPRESENTATIVES:
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 of boards,
commissions and ad -hoc committees.
Therefore, in order to enhance the appearance of fairness and
non-discrimination in the City, the administration will strive to
achieve a balanced representation of racial, social and ethnic
persons on City boards, commissions and ad -hoc committees.
Assuring non-discrimination in the appointment of the City's
representatives will encourage the fair and even-handed
administration of the City's code and policies.
EMPLOYEE DEVELOPMENT:
The following actions shall be undertaken to achieve employee job
satisfaction and fair treatment:
1. Assure that there shall be no discrimination with regard to
training and educational opportunities, upgrading, promotions,
transfer and demotion, layoffs and termination of employees. Any
actions which might adversely affect employees will be brought to
the attention of the Equal Opportunity Officer.
2. Actively encourage employees to increase their skills and job
potential through training and educational opportunities. Offer
guidance and counseling in developing programs tailored to
individual aptitudes and desires, taking full advantage of programs
offered by the State Department of Employment Security and other
programs.
COORDINATION WITH STATE AND FEDERAL LAWS:
The City recognizes its responsibilities to comply with and assure
that equal opportunity and non-discrimination policies of state or
federal agencies with which it conducts business are carried out.
Specifically, the City shall:
1. Be responsible for reporting to the appropriate agencies any
complaints received from any employee of, or an applicant for
employment with any City contractor or subcontractor, subject to
Executive Order No. 11246, as amended, which requires affirmative
action programs of certain government contractors and
subcontractors.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 17
2. Cooperate in special compliance reviews or in investigations
as requested.
3. Carry out minority reporting functions of contractors or
subcontractors as required by state or federal laws.
4. Furnish information as required, maintaining an affirmative
action file detailing its efforts, with dates, to meet its
commitments under Executive Order No. 11246, as amended.
S. Standard City contracts will include a non-discrimination
clause.
The City's Equal Employment Opportunity Program shall be made
available to any federal or state agency upon request.
EEO GRIEVANCE PROCEDURES:
Inasmuch as the success of Equal Employment Opportunity depends
largely upon the attitude of the community as well as of the
employees, opinion as to what constitutes fair and equal
opportunity and treatment may vary widely and grievances may
result. The following steps shall be taken for any grievance
arising from the implementation of this program so as to maintain
the best possible employee/supervisor and City/community
relationships:
1. Employees covered by a labor agreement containing a grievance
procedure shall be encouraged to use it in seeking relief from
alleged discriminatory practices. Employees may elect to bring a
grievance through either the procedure outlined herein or the
procedure in their labor agreement, but not both.
2. Employees not subject to Paragraph 1 above shall bring their
grievance to the attention of their immediate supervisor or
department head, who will investigate as necessary to determine the
cause of the complaint and work with the employee to effect an
equitable solution. Every effort shall be made to resolve the
difficulty at this level.
3. At the option of either party, the services of the Equal
Opportunity Officer may be requested. The Equal Opportunity
Officer shall interview both parties, conduct additional
investigation as necessary, and recommend appropriate corrective
action and settlement conditions.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 18
4. In the event mutual agreement cannot be achieved and
resolution is required by the City Manager, signed statements
detailing the grievance and specific investigative action shall be
obtained by the Equal Opportunity Officer from the employee and
his/her supervisor. The Officer may draw upon all resources at
his/her disposal to arrive at recommended corrective action and
settlement conditions.
5. The City Manager may elect as deemed necessary and as
circumstances dictate to refer the grievance to a special
arbitration committee. Such committee shall be selected from among
City employees and shall consist of an equal number of management
and staff personnel. The Equal Opportunity Officer and those
directly involved in the grievance shall not be voting members of
this committee. Proceedings of the committee shall be documented
and its decision shall be in the form of a recommendation to the
City Manager subject to review only by the State Human Rights
Commission or through the judicial system. All reports, decisions
and other documentation generated by the grievance procedure shall
be maintained by the Equal Opportunity Officer as a matter of
permanent record.
DEFINITIONS:
1. Equal Employment Opportunity Policy. It is the policy of the
City to ensure equal employment opportunity for all employees and
appointed representatives. This commitment includes a mandate to
promote and afford equal treatment and services to all citizens,
employees and City representatives, and to assure equal employment
opportunity based on ability and fitness to all persons regardless
of race, religion, creed, color, national origin, age, political
affiliation, sex, marital 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. That person designated
by the City Manager, 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.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 19
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
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 20
SECTION 20-2
SUBJECT: NONDISCRIMINATION
PURPOSE: To establish guidelines for the promotion of fair
practice and nondiscrimination in activities relating to employment
and treatment of all citizens.
STATEMENT OF POLICY:
The City of Kalispell shall promote and afford equal treatment and
service to all citizens and to assure that all applicants are given
equal employment opportunity without regard to race, religion,
creed, color, national origin, age, political affiliation, sex,
marital status, or the presence of any sensory, mental, or physical
disability unless such disability effectively prevents the
performance of duties required by the position and which are
bonafide occupational qualifications. The City shall operate
within the principles of equal employment opportunity and
affirmative action guidelines set forth in federal, state and local
laws and regulations.
All activities relating to employment including recruitment,
testing, selection, promotion training and termination shall be
conducted in a nondiscriminatory manner.
The City of Kalispell will cooperate fully with all organizations
and commissions organized to promote fair practices and equal
employment opportunity.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 21
SECTION 20-3
SUBJECT: HARASSMENT
PURPOSE: To provide a working environment where employees will be
employed, promoted and disciplined on the basis of merit and free
from harassment.
DEFINITION:
Harassment is unwarranted and unwanted verbal or nonverbal conduct
which threatens, intimidates, pesters, annoys or insults another
person, where such conduct has the purpose or effect of creating an
offensive, intimidating, degrading, or hostile environment, or
interferes with or adversely affects a person's work performance.
Harassment does not include the conduct or actions of supervisors
intended to provide employee discipline, such as deficiency
notices, performance evaluations, oral warnings, reprimands or
other supervisory actions intended to promote positive performance.
STATEMENT OF POLICY:
It is the policy of the City that harassment will not be tolerated.
All employees are prohibited from engaging in the harassment of any
other employee or other person in the course of or in connection
with employment. The desired standard of City employee behavior is
one of cooperation and respect for each other, despite any
difference.
Sexual harassment includes unwelcome sexual advances, requests for
sexual favors and other verbal or physical advances of a sexual
nature. It is City policy to fully support enforcement of state and
federal anti -discrimination laws which provide that sexual
harassment is prohibited where:
1. Submission to such conduct is made either explicitly or
implicitly a term of condition of employment;
2. Submission to or rejection of such conduct by an individual is
used as the basis for employment decisions affecting such
individuals; or
3. Such conduct has the purpose or effect of interfering with an
individual's work performance or creating an intimidating, hostile
or offensive work environment. It is the right of all employees to
seek, at any time, redress by the State Human Rights Commission,
the Equal Employment Opportunity Commission or through the Courts;
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 22
however, employees are encouraged to exhaust the City's
administrative remedies before consulting outside agencies.
..e4
1. In any case in which the supervisor is witness to or con-
fronted with a situation of harassment, the supervisor shall
immediately notify the offending party that harassment is not
appropriate and will not be tolerated. Ultimate disciplinary
action will await completion of the reporting procedure.
2. An employee subjected to any form of harassment should report
such activity to his/her non-involved supervisor, department head,
Personnel Specialist or directly to the City Manager.
3. A supervisor is required to report harassment cases to his/her
department head, who, in turn, is required to report the matter to
the Personnel Specialist. Such reports to a superior and to the
Personnel Officer are to be made regardless of how knowledge of the
case was acquired.
4. The Personnel Specialist shall investigate and submit to the
City Manager a report setting forth the facts of the case and a
recommendation for action.
5. The results of the investigation and the nature of the
disciplinary action will be communicated by the City Manager's
Office to both the complainant and the offender as well as the
affected department head or Supervisor. Either party may appeal
the decision through the normal grievance procedure if it is felt
the findings were incorrect or disciplinary action inappropriate.
6. Regardless of the ultimate disposition of the complaint, no
retaliatory conduct against the complainant will be tolerated.
7. The City Manager will be responsible for ensuring that a
proper follow up investigation is conducted to determine whether
any recurrences of harassing conduct have occurred or retaliatory
action has taken place.
DISCIPLINARY ACTION:
An employee who harasses another employee or member of the public
may be subject to the full range of disciplinary action, including
discharge.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 23
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 Monday at 12:01 a.m. and continuing to Sunday 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:
1. 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
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 24
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 completion of probationary periods, and continued
employment with the City. Frequent tardiness or other attendance
irregularities shall be cause for disciplinary action. This may
take the form of progressive discipline.
Hours for part-time and certain employees may vary from the normal
office hours noted above due to the nature of their duties and will
be determined by the appropriate department head, with concurrence
of the City Manager.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 25
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.
POLICY:
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 Monday and ends at 12:00 midnight on
Sunday.
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.
S. 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.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 26
6. Compensatory time may be accrued, taken or cashed in at the
discretion of the City. Employees may accumulate up to 240 hours
of compensatory time, with the exception of public safety
employees, who may accumulate a maximum of 480 hours.
(Compensatory time policy is under review and subject to change.)
7. Supervisors may require that compensatory time be taken at a
time so as not to disrupt the operation of the unit. Supervisors
may require employees to take overtime in lieu of compensatory.
Compensatory time will be paid if a balance exists at the time an
employee terminates, or at a time agreed upon by the supervisor and
employee, subject to the City Manager's approval.
LIMITATIONS:
This policy shall not apply to employees whose labor agreement
provides for a different work period, specifically police officers
and firefighters.
This policy does not apply to executive, professional,
administrative, and all other employees who are exempt from the
FLSA, unless otherwise provided by labor agreement. The following
employee classifications are currently considered exempt from FLSA:
1. Elected Officers of the City
2. City Manager
3. City Attorney
4. Fire Chief
S. Assistant Fire Chief
6. Police Chief
7. Assistant Police Chief
8. Director of Public Works
9. Assistant City Engineer
10. Assistant City Attorney
11. Design Technician/Project Manager
12. Public Works Superintendent
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 27
13. Surveyor
14. Wastewater Treatment Plant Manager
15. Director of Planning, Economic and Community Development
16. Building Official
17. Housing Division Manager
18. Planning & Redevelopment Division Manager
19. Zoning Administrator
20. Director of Parks and Recreation
21. Finance Director
22. Assistant Finance Director
23. Personnel Specialist
The Finance Department reviews what an employee does and compares
the duties and responsibilities to the test provided by the Fair
Labor Standards Act (FLSA) to determine the "exempt" or "non-
exempt" status of all employees.
OVERTIME ON SUNDAY:
When overtime is ordered on a Sunday and the employee is not
scheduled to work, the employee will be compensated at two times
his/her regular rate of pay. All other hours worked over 40 in a
week will be paid at 1-1/2 times the employee's regular rate.
"Sunday" is the only double-time day. No other day will be
considered as a "Sunday" or a double-time.
HOLIDAYS AND OVERTIME ON HOLIDAYS:
1. Holiday Pay for Holiday Worked:
A holiday is defined as being any 8-hour period of scheduled work
time identified by State law. When an employee is ordered to work
on a city -recognized holiday, he/she will be paid straight time for
all the hours worked. In addition, straight time will be paid for
eight hours to cover the normal day which has been identified as a
holiday.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 28
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.
3. Holiday Worked (Shifts Scheduled Over 8 Hours):
Employees who are scheduled to work on a 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.
OVERTIME TRAVEL:
Each overtime travel situation will be evaluated to determine if it
is compensable. Basically, if travel is considered "work" in the
interpretation of the Fair Labor Standards Act, it is compensable.
Contact the Finance Office in each case that there is a question.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: April 19, 1999, Resolution #4468
REVISION EFFECTIVE DATE: July 1, 1999
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 29
SECTION 20-6
SUBJECT: WORK PERMITS FOR MINORS
PURPOSE: To establish procedure for employment of persons under
the age of eighteen.
STATEMENT OF POLICY:
The City may employ persons under the age of 18.
Whenever a minor is employed, the hiring department is responsible
to.
1. Complete the parental authorization form and obtain necessary
signatures (parent, guardian and school).
2. Obtain and photocopy the minor's proof of age document.
3. Forward items 1 and 2 to the Personnel Office.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 30
SECTION 20-7
SUBJECT: NEPOTISM
PURPOSE: To establish policy for the employment of immediate
relatives in order to assure the reality and appearance of fairness
in the best interest of the City.
STATEMENT OF POLICY:
It is the City's policy that immediate relatives, subject to the
provisions of the Montana Human Rights Act, will not be employed in
regular full-time or regular part-time positions where:
1. One relative would have the authority to supervise, appoint,
remove, discipline or evaluate the performance of the other.
2. One relative would be responsible for auditing the work of the
other.
3. Other circumstances exist which would place the relatives in
a situation of actual or reasonably foreseeable conflict between
the City's interest and their own.
Where business necessity requires the limitation of employment
opportunity of spouses, the means chosen to meet the business
necessity shall be those which have the least adverse impact on
spouses or members of either sex. For example:
The exclusion should be limited to the job, work crew, shop or unit
where the reason for exclusion exists, and should not bar the
person from the whole work force, unless the reason applies to the
whole work force. When it is necessary to exclude a person because
of what his or her spouse does, then the employees will be asked to
determine which spouse shall keep the job. The City may require
one spouse to quit 60 days after marriage if they become in
violation of this policy and a mutually -agreeable solution cannot
be reached between the City and the employees.
DEFINITIONS:
Immediate Family - Includes spouse, child, parent, brother, sister,
grandparents, parent -in-law, daughter-in-law, son-in-law, or
grandchildren. This policy shall also apply to persons related by
blood or marriage residing in an employee's home.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 31
SECTION: 20-8
SUBJECT: PROBATION PERIOD
PURPOSE: To establish policy and procedure for the probation
period for new employees and current employees who transfer to a
new position.
STATEMENT OF POLICY:
All employees must serve a period of probation. Exempt management
and confidential employees, police officers, and firefighters serve
a probation of one year; all other employees serve a six month
probation unless otherwise defined by a labor contract.
The probation period is designed to give the employee time to learn
the position and to give the supervisor time to evaluate the
employee's potential and performance. Probationary employees will
be formally evaluated at three (3) months of employment and one
month prior to completion of their probationary period. During the
established probationary period, the City reserves the right to
terminate the probationary employee's service on the basis of
unsatisfactory performance or on the basis of other reasons deemed
sufficient by the City, provided, however, the employer shall not
discharge or otherwise discipline an employee for protected union
activity.
If an employee is unable to perform the work, the person must be
terminated as early as possible. Early termination saves the City
a time and dollar investment and saves the employee possible
embarrassment and frustration. Rejected probationers shall be
notified of such action in writing by the department head at any
time during the probationary period and a copy of said notification
shall be retained in the personnel files.
At the end of the probation period, the employee is formally
evaluated and provided written documentation of progress. Other
evaluations, as noted above, will be conducted during the course of
the probation period to assess performance and to advise employees
of expectations regarding performance. Significant job
deficiency(ies) shall be documented in the employee's personnel
file. These evaluations provide the necessary justification for
retention of the person as a regular employee.
Under unusual circumstances, the probationary period may be
extended. This is only after an evaluation of the situation, the
employee's abilities, and demonstrated potential. Probation
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 32
extension is done only upon recommendation of the Supervisor,
department head and City Manager's Office.
If the employee successfully completes the probation period, he/she
shall be informed that he/she is now a regular employee. This will
be accomplished by the City Manager's Office with the approval of
the appropriate department head via the Payroll Change Notice.
When an employee first becomes a regular staff member, he or she
becomes eligible for vacation and other appropriate leaves
retroactive to the person's beginning date of employment.
If an individual has been transferred or promoted, he or she
remains eligible for all fringe benefits included with the previous
position during the probation period for the transfer or promotion.
If the position to which an employee has been transferred or
promoted carries benefits different from those of the previous
position, the person becomes eligible for the benefits of the new
position upon the satisfactory completion of the probation period
retroactive to the date of the transfer or promotion.
If a transferred or promoted employee fails to achieve satisfactory
performance in the new position, he or she will be given priority
for the first position opening similar to the one previously held
if the employee's performance in the previous position was
satisfactory. If an employee had not performed satisfactorily in
the previous position, termination from City employment will be
considered.
If an emergency arises during an employee's probationary period
which requires a leave of absence, such time off, if granted will
not be considered as time worked.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 33
SECTION 20-9
SUBJECT: RE-EMPLOYMENT
PURPOSE: To establish a policy for re-employment.
STATEMENT OF POLICY:
Any former regular employee who resigned from the City in good
standing is eligible for re-employment.
Persons interested in re-employment should file a completed City
application form with the City Manager's office. The individual
will then proceed through the regular hiring procedures with other
applicants as described in the Hiring Process Policy.
An individual re-employed in his/her former position may be paid at
the same pay step at the time he/she left the City, provided
however, that the re-employment is within 1 year of the previous
resignation.
The compensation of an employee re -hired to a position other than
the former position will be subject to provisions for new hires.
Buy-back must be made within six months after re-employment.
Reinstatement in the retirement system will be made in accordance
with the rules and regulations as set by the State Retirement
system.
Vacation eligibility will be based on previous City service.
The date of hire will take the person's previous service with the
City into account, however, future step increases will coincide
with the re-employment date.
The individual's previous personnel file will be re -activated once
re-employed by the City provided re-employment is within seven
years after the original resignation.
All individuals re-employed by the City must complete a new
probationary period.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 34
SECTION 20-10
SUBJECT: SPECIAL EMPLOYMENT PROGRAMS
PURPOSE: To establish a uniform policy and procedure for all
special employment programs.
STATEMENT OF POLICY:
The Personnel Office is responsible for the coordination of all
special employment programs funded by external agencies (i.e. Youth
Training Program, AARP Senior Placement Program, University
Internships, Work Training Programs, etc.).
PROCEDURE:
Department heads will forward all requests for participation in
special employment programs to the Personnel Office for
coordination with the appropriate agency(ies).
The Personnel Office will, in cooperation with the requesting
department, develop a scope of work and qualifications statement to
be used in the recruitment and selection of employees and in the
definition of tasks to be performed during the period of
employment.
The provider agency will review scope of work, qualifications,
training, level of supervision, and safety for appropriateness.
The Personnel Office will maintain records on program participants
including the contractual agreement between the City and provider
agency, scope of work and qualifications statement, and personal
emergency data.
Department heads/supervisors shall provide the Personnel Office
with regular performance evaluations on program participants and
feedback on program strengths and weaknesses for overall evaluation
by the City.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 35
SECTION 20-11
SUBJECT: EMPLOYEE IN-PROCESSING/ORIENTATION
PURPOSE: To establish a policy and procedure for processing new
City employees.
STATEMENT OF POLICY:
All new regular full-time and regular part-time employees of the
City will be scheduled to meet with the Personnel Specialist on
their first day of work for general orientation.
The Personnel Specialist will distribute and explain the various
enrollment forms, etc. that must be filled out.
Each new employee will be provided with information on employee
benefits, City policies and operations.
The hiring department provides additional information to the new
employee, including:
1. Work standards and regulations
2. Hours of work, time cards or reports, leave requests
3. Duties of the position
4. Safety rules and procedures, location of safety or protective
equipment
5. Tour of the work area, including location of equipment,
supplies, etc.
6. Introduction to co-workers
7. Schedule for lunch and breaks
8. When and to whom to report absence from work
9. Who is responsible for performance planning and review
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 36
SECTION 20-12
SUBJECT: HIRING PROCESS
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:
1. 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 five working days. Job announcements will also be
distributed to area local governments, schools, minority agencies,
and other recruitment services. The City may use for job 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, trade publications, and professional
journals will be developed and placed by the City Manager'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 37
5. The Personnel Specialist (or designee) will screen active
application files for possible candidates. These candidates will
be contacted to determine current interest in City employment prior
to the closing date listed on the employment notice.
6. The City does not, under normal circumstances, use the
services of any private employment agency, either employer or
employee paid.
7. Applications shall be submitted to the Personnel Specialist
using City Employment Application forms. When the position being
recruited is of a professional nature, the City Manager may allow
a resume' to substitute for the City application form provided all
information required on the application form is obtained from those
who are interviewed for the position. If applicant wishes to be
considered for more than one position for which he/she may be
qualified, separate applications or resumes' must be submitted for
each position. In-house candidates interested in applying for
another position within the City should follow procedures as
outlined in the policies on TRANSFERS, or PROMOTIONS.
8. No applications for a position are accepted after the
published closing and/or receipt date. If there are not sufficient
qualified candidates at the closing date, the position is re -opened
and re -advertised.
9. The Personnel Specialist will screen all applications received
to determine qualification for the position to be filled.
Applications of top candidates will be forwarded to the affected
department for final review and comment prior to scheduling
candidates for interviews.
10. Applicants may be disqualified for consideration for
employment when any of the following facts exist:
a. They do not possess the qualifications for the job.
b. They have demonstrated an unsatisfactory employment
record or personal record as evidenced by information
contained on the application form or by the results of a
reference check.
C. They have made false statements of any material facts or
practiced deception in their application.
d. The applicant is not within the legal age limits
prescribed by law.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 38
TESTING:
1. Examinations may be developed for certain positions based on
the position's responsibilities, the qualifications required, and
resources available.
2. The examination may consist of oral interview/application
review, a structured questionnaire, practical tests, written tests,
in -basket exercise or assessment center, etc. In all cases, the
testing will 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.
S. 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 of panel 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 a personnel specialist.
Careful selection will be made of panel members to ensure
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 39
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 job
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 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.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 40
2. No reference check or background investigation will be
conducted without first notifying the applicant of the
investigation.
3. Certain positions may be designated by the Personnel
Specialist to undergo a thorough background check by the Police
Department or other designated individual/agency.
4. Results of the reference check and/or background check will
help determine the applicant's fitness for the position.
5. A recommendation for conditional offer of employment will be
forwarded to the City Manager for final approval to extend such
conditional offer.
APPLICANT NOTIFICATION OF CONDITIONAL OFFER OF EMPLOYMENT:
1. Any individual receiving a condition offer of employment must
demonstrate that he/she is physically, mentally or otherwise able
to perform the essential duties of the position prior to beginning
work.
2. After references are verified and a final decision reached,
the Personnel Specialist notifies the candidate of his/her
selection, makes an employment offer, and requests that the offer
be accepted or rejected within a set number of days.
3. If the conditional offer is rejected or if the offeree is
otherwise unable to perform essential job duties, it will be
decided whether to hire another candidate or to re -open the
position.
4. Once a candidate accepts the conditional employment offer, and
the City has determined the candidate to be qualified in all other
respects, all other candidates are then notified in writing that
they were not selected for the position.
APPOINTMENT:
1. For all positions, an employment confirmation letter is
forwarded to the final accepting candidate outlining the terms of
employment. The letter is prepared and mailed by the Personnel
Specialist in cooperation with the affected department.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 41
APPLICANT EXPENSES:
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.
TEMPORARY EMPLOYEES:
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 appointing authority for final approval.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 42
SECTION 20-13
SUBJECT: EMPLOYEE TERMINATION AND EXIT PROCESS
PURPOSE: To establish procedure for employee termination with the
City by service or disability retirement, resignation, discharge,
probation period termination, or layoff. The procedures are
designated to provide the least disruption and inconvenience to the
employee and the City.
STATEMENT OF POLICY:
Definitions:
Resignation: Resignation is a termination action which is
initiated by the employee.
Retirement: Retirement is a termination action which is initiated
by an employee who meets the basic eligibility requirements of
his/her appropriate retirement system.
Discharge: Discharge is a termination action which is a result of
employee misconduct.
Reduction -in -Force: Reduction -in -force is a termination action
which is a result of insufficient funds and is not a disciplinary
action.
Resignation•
1. An employee who intends to resign from a position with the
City must submit a letter of resignation to his/her supervisor
stating the effective date and the reason for the resignation.
2. Employees are requested to give at least 14 days notice before
leaving. Department heads are asked to give at least 30 days
notice.
Failure to comply with this policy may be cause for denying an
employee future re-employment.
3. The employee will receive an exit interview with his/her
supervisor or the Personnel Specialist. At the time of the exit
interview all City property must be returned to the department. A
final paycheck will be issued by the City on the next regular
payday for the pay period during which the employee resigned or 15
days following the effective date of resignation, whichever occurs
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 43
first. The final paycheck will be issued either through regular
pay channels, or by mail if requested by the employee.
4. Group health will remain in effect until the end of the policy
month unless the employee elects to continue coverage under the
COBRA law. An explanation of the resigning employee's rights under
COBRA will be provided by the Personnel Specialist.
5. Vacation and sick leave accrual payout at the time of
resianation will be paid in accordance with state law.
Retirement:
1. Any employee who is planning to retire from City employment is
required to submit a letter of intention to his/her supervisor at
the earliest possible date. The employee should be aware that some
retirement systems take several months to review a case before
compensation is released to a retired person. The Personnel
Specialist should be involved at the earliest possible date.
2. The employee will receive an exit interview with his/her
supervisor or the Personnel Specialist. At that time all City
property must be returned to the department. A final paycheck will
be issued by the City on the next regular payday for the pay period
during which the employee retired or 15 days following the
effective date of retirement, whichever occurs first. The final
paycheck will be issued either through regular pay channels, or by
mail if requested by the employee.
3. Group health, dental, vision and life insurance will remain in
effect until the end of the policy month. Retired employees may
continue to receive group health benefits if the employee elects to
continue coverage under the COBRA law. An explanation of the
retiree's rights under COBRA will be provided by the Personnel
Specialist.
4. Vacation and sick leave accrual payout at time of retirement
will be paid in accordance with state law.
Discharge and Reduction -in -Force:
1. Discharge
a. An employee who
will be given a letter
the effective date of
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20
has been notified of his/her discharge
of cause from the City Manager stating
discharge. The employee will receive
44
this letter prior to leaving City employment and will receive
a written copy of the City's grievance policy.
b. All actions will be conducted in accordance with state
laws and regulations.
C. In the event an employee is discharged by reason of an
allegation of theft of property or funds received in
connection with the employee's work, the City may withhold a
sufficient amount from the employee's final paycheck to cover
the value of the theft, if:
i. the employee agrees in writing to the withholding;
or
ii. the City files a report of the theft with the local
law enforcement agency within seven days of the date of
discharge and appropriate charges are filed in a court of
competent jurisdiction within 15 days of the filing of
the report.
d. In cases of discharge not involving allegations of theft,
the discharged employee's final paycheck will be issued by the
City on the next regular payday for the pay period during
which the employee was discharged or 15 days following the
effective date of discharge, whichever occurs first. The
final paycheck will be issued either through regular pay
channels, or by mail if requested by the employee.
2. Reduction -in -Force
a. No regular employee may be laid off when there are
emergency, provisional, temporary, or probationary employees
in the class of work affected by the reduction in work force.
b. Department heads must give an employee at least 30 days
notice.
C. Employees who have been separated due to a reduction -in -
force shall have priority in re-employment up to one year from
the date of termination if prior performance was satisfactory.
d. Group health will remain in effect until the end of the
policy month unless the employee elects to continue coverage
under the COBRA law. An explanation of the employee's rights
under COBRA will be provided by the Personnel Specialist.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 45
e. Reductions -in -force will be conducted in a manner which
complies with employee rights guaranteed by the Veterans'
Public Employment Preference law, M.C.A. H 39-29-101 et seq.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 9, 2000
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 46
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:
1. 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;
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 47
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.
2. Employee compensation shall be stated in terms of 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 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.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 48
SECTION 30-2
SUBJECT: MEDICAL/HEALTH INSURANCE COVERAGE
PURPOSE: To provide an outline of medical/health benefits provided
by the City of Kalispell
STATEMENT OF POLICY:
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
employees's status (single, married, or family) up to the following
amounts:
Single $189.00
Married $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
BENEFITS SECTION 30 49
3. Coverage:
Group plan brochures are available in the Finance Office which
explain detailed insurance coverage offered by the plan. The
Finance Office 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.
5. 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 DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 50
SECTION 30-3
SUBJECT: RETIREMENT
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.
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 con-
tributions 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 51
2. Social Security (FICA)
a. Eligible Employees:
A11 employees regardless of employment status with the
exception of: (i) police officers and firefighters" -hired prior
to March 31, 1986; (ii) police officers and firefighters hired
after March 31, 1986; and, (iii) seasonal or temporary
employees, who work less than 6 months.
b. Contributions to Fund: The City and the employee con-
tribute a percentage of the employee's gross wages.
3. Police Retirement (Administered by the State of Montana)
a. Eligible Employees: Mandatory
b. Contributions to Fund: The City and the employee
contribute a percentage of the employee's base salary.
4. Firefighters Retirement (Administered by the State of Montana)
a. Eligible Employees: Mandatory
b. Contributions to Fund: The City and the employee con-
tribute a percentage of the employee's base salary.
5. Medicare
a. Eligible Employees: Mandatory
All employees pay Medicare whether or not they are subject to
Social Security Taxes. (Exception are those police officers
and firefighters hired prior to March 31, 1986.)
b. Contributions to Fund: The City and employee contribute
a percentage of the employee's gross wage.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 52
SECTION 30-4
SUBJECT: DEFERRED COMPENSATION PLANS
PURPOSE: To provide employees a means of contributing to a savings
fund for later benefit._
STATEMENT OF POLICY:
The City of Kalispell coordinates with brokerage firms to offer
employees the opportunity to invest a portion of their compensation
into deferred compensation plans, on a voluntary basis.
Details and printed information on these plans are available from
the Personnel Specialist.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 53
SECTION 40-1
SUBJECT: EMPLOYEE CONDUCT
PURPOSE: To outline specific areas which may result in employee
STATEMENT OF POLICY:
It shall be the duty of employees to maintain high standards of
cooperation, efficiency and integrity in their work with the City.
If an employee's conduct falls below standard, he/she may be
subject to disciplinary action.
Examples of conduct for which an employee may be disciplined
include, but are not limited to:
1. Reporting to work under the influence of intoxicants or
nonprescription/illegal drugs, or using such substances while on
City property.
2. Failure to follow the orders of one's supervisor(s).
3. Being absent from work without permission or failure to report
to the supervisor or department head when one is absent.
4. Being habitually absent or tardy for any reason.
5. Failure to perform assigned work in an efficient or effective
manner.
6. Being wasteful of material, property or working time.
7. Inability to get along with fellow employees so that the work
being done is hindered and not up to required levels.
8. Failure to observe proper security procedures.
9. Conduct on the job which violates the common decency or
morality of the community.
10. Commission of a felony or gross misdemeanor.
11. Violating safety rules and regulations.
12. Speaking critically or making derogatory or false accusations
so as to discredit other employees or supervisors.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 54
13. Removal of City money, merchandise, or property, including
property in custody of the City without permission.
14. Lying to supervisors in connection with one's job.
15. Dishonesty, including intentionally giving false information,
intentionally falsifying records or making false statements when
applying for employment.
16. Being on City premises during nonworking hours without
permission.
17. Divulging or misusing confidential information, including
removal from City premises, without, proper authorization, any
employee lists, records, designs, drawings, or confidential
information of any kind.
18. Accepting fees, gifts, or other valuable items in the
performance of the employee's official duties for the City.
19. Inability or unwillingness to perform the assigned job.
20. Falsification of time records for payroll.
21. Abuse of sick leave privileges by reporting sick when not sick
or obtaining sick leave pay falsely or under false pretenses.
22. The use of profanity or abusive language towards a fellow
employee or member of the general public while performing official
duties as a City employee.
Refer to the Section on DISCIPLINARY ACTION for additional
information on procedures for and types of disciplinary action.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 55
SECTION 40-2
SUBJECT: EMPLOYEE PERSONAL APPEARANCE
PURPOSE: To establish a general policy regarding employee appear-
ance.
STATE OF POLICY:
Employees should portray a positive image to the citizens of
Kalispell. Often, the contact City employees have with the public
is the only image they have of City operations in general.
It is the policy of the City that the choice of dress be left to
the employee's discretion; however, the dress must conform to the
work environment. If an employee's appearance and/or hygiene and
grooming is such that it is generally offensive, a supervisor is
encouraged, and may be required to discuss the subject with the
employees.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 56
SECTION 40-3
SUBJECT: PERSONAL TELEPHONE CALLS/FAX
STATEMENT OF POLICY:
Management recognizes that it is necessary to use the City phone
system for personal business at times.
Supervisors must discourage use of the phone for visiting. The
following are examples of calls which would be considered
acceptable:
1. Arrange for care of children.
2. Check on sick family member or arrange for care of a sick
family member.
3. Arrange for property repairs such as plumbing, car, etc.
4. Any local personal call during coffee breaks as long as it
does not tie up the telephone lines into the office.
All personal telephone calls should be kept to an absolute minimum.
Use of City telephones for long distance calling shall be limited
to emergency situations, and costs shall be reimbursed to the City.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 57
SECTION 40-4
SUBJECT: POLITICAL ACTIVITY
STATEMENT OF POLICY:
Employees shall not engage in any form of political activity during
working hours. Political activity shall not interfere with or
impair an employee's work performance.
Political affiliation will not impact employee's rights as
contained in these policies.
According to state law, Section 7-32-4114, MCA, no member of the
police force will hold any other office or be employed by any other
department of City government.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 58
SECTION 40-5
SUBJECT: OUTSIDE EMPLOYMENT
PURPOSE: To establish a procedure whereby employees may engage in
employment apart from City employment:
STATEMENT OF POLICY:
Employees are generally discouraged from working outside the
service of the City if such employment would affect their job
performance. The following outlines a procedure for employees and
supervisors in dealing with outside employment.
PROHIBITED PRACTICES:
An officer or employee of the City of Kalispell shall not:
1. Engage in a substantial financial transaction for his/her
private business purposes with a person whom he/she inspects or
supervises in the course of his/her official duties; or
2. Perform an official act directly or substantially affecting to
its economic benefit a business or other undertaking in which
he/she either has a substantial financial interest or is engaged as
counsel, consultant, representative or agent.
PROCEDURE:
Employees who wish to work at jobs outside the city must first
submit a written statement to their supervisor containing the
following information:
1. Name, address and telephone number of other employer.
2. Proposed hours to be worked.
3. Description of work.
Such employment must be approved by the employee's supervisor and
the City Manager. Authorization for such employment with any
conditions shall be filed in the employee's personnel file.
If outside employment is approved, the employee will then sign the
following statement which will also be filed in the employee's
personnel file.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 59
°I hereby waive and release the City of Kalispell from any
liability because of any injury or sickness which would appear to
have been caused by my outside employment. I also waive any claims
against the City for wages or benefits if it would be necessary to
be absent from city work because of an injury caused by outside
employment. 111.11 I understand that I am entitled to use previously
accrued sick leave."
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 60
SECTION 40-6
SUBJECT: USE OF CITY VEHICLES
STATEMENT OF POLICY:
Employees using City -owned vehicles
care, or better, than they would
vehicle. This includes following
courtesies of the road.
are expected to use the same
in taking care of their own
all traffic regulations and
City employees are expected to set an example of good driving
practices for all other citizens.
SPECIFIC REGULATIONS:
1. Employees are prohibited from keeping a City vehicle at their
private residence under normal circumstances. The City Manager has
designated certain positions which, as a part of the job, must have
a City -owned vehicle available at all times in case of emergency.
2. Employees are to use City -owned vehicles whenever possible for
City business purposes. When it is necessary to travel or run
errands, use a vehicle which is assigned to the employee's
department or a car-pool vehicle.
3. Care of City -owned vehicle: Follow the maintenance schedule
of the department. Practice the rules of the road and established
safety practices at all times. Any abuse of a City -owned vehicle
when in the employee's possession may result in disciplinary
action.
4. All City employees are required to secure seat belts while
driving or riding in City -owned vehicles.
5. Using a City -owned vehicle for personal convenience is
discouraged.
EFFECTIVE: Immediately
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 61
DATE: May 3, 1994
SECTION 40-7
SUBJECT: EMPLOYEE CONTRACTS WITH THE CITY
STATEMENT OF POLICY:
Employees must not have an interest in any contracts made by them
in their official capacity in accordance with State law. (Section
2-2-201, MCA).
A former City employee may not carry a contract or be employed by
an employer who contracts with the City or be employed by an
employer who contracts with the City regarding matters he/she was
directly involved in during his/her employment with the City within
six months of termination. (Section 2-2-201, MCA).
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 62
SECTION 40-8
SUBJECT: EMPLOYEE ASSISTANCE PROGRAM
PURPOSE: The Employee Assistance Program is designed to assist
employees with problems that are affecting their job performance or
conduct. These problems include, but are not limited to, alcohol-
ism, other drug dependencies, mental illness, and financial, legal
or domestic difficulties.
Diagnosis and treatment of the problem should be accomplished by
referral of employees to outside professional treatment and
assistance sources.
STATEMENT OF POLICY:
The City will not intrude upon an individual's private life. The
Employee Assistance Program is available to employees on a self -
referral basis and to supervisors who feel that employees have
problems that are affecting job performance or conduct. The City
offers the same assistance to employee's families. The City
recognizes that if an employee is experiencing problems at home,
performance on the job often is affected. It is in the best
interest of the City to retain a valuable employee.
CONFIDENTIALITY:
Problems brought to the Employee Assistance Program are strictly
confidential and are in no way reflected in personnel records.
Confidentiality of records is assured, including those referred to
the program by supervisors or others, such as family members,
friends, or fellow employees. The City guarantees anonymity for
the caller and the confidentiality of the person referred. If a
person referred in this manner accepts assistance, help is given.
If the person does not want assistance, the City politely backs
away.
HOW TO GET HELP:
Supervisors, employees, friends, or families may contact the
Personnel Specialist to arrange for an interview or to discuss
problems over the phone. The interview or phone conversation
provides an opportunity to discuss the nature of the problem as
well as to outline an approach to its solution, including referral
to the appropriate community resource for assistance and/or
treatment.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 63
The City does not consider alcoholism, drug dependencies or mental
illness as moral problems, but as illnesses which in most cases can
be successfully treated. Employees who have these illnesses
receive the same careful consideration and respect as employees who
have other problems that contribute to poor job performance.
EMPLOYEE'S RESPONSIBILITIES:
Although the City provides employees with appropriate assistance to
overcome problems, the City believes that employees bear primary
responsibility for their own job performance and conduct and for
taking any action or treatment necessary to maintain performance
and conduct at a satisfactory level.
SUPERVISOR'S RESPONSIBILITIES:
It is the basic function of a supervisor to identify poor job
performance and to take corrective action. The City recognizes,
however, that supervisors do not have the professional
qualifications to diagnose problems. It is City policy to provide
supervisors with training to assume their responsibility in
relation to the Employee Assistance Program.
It is the role of the supervisor to identify the employee with a
problem through poor job performance and use his/her failure to
meet standards to motivate employees to seek help through the
Employee Assistance Program, where he or she can get specialized
assistance.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 64
SECTION 40-9
SUBJECT: DISCIPLINARY ACTION
PURPOSE: To establish policies and procedures related to
disciplinary action for City employees.
STATEMENT OF POLICY:
It shall be the policy of the City to administer discipline fairly,
reasonably, and impartially. Employees and the City are best
served when discipline is administered to correct actions rather
than to punish.
All disciplinary actions involving suspensions without pay or
termination require concurrence of the City Manager prior to
discipline being administered.
The tenure of City employees shall be based on reasonable standards
of job performance and personal and professional conduct. Failure
or refusal to meet these standards shall constitute just cause for
disciplinary action including oral or written reprimand,
suspensions, demotions, and dismissal.
Disciplinary action is not primarily intended to be punitive, but
rather to maintain the efficiency and integrity of City service.
The nature and severity of the offense and the employee's prior
record shall be considered.
In any major disciplinary action, the pertinent information shall
be reviewed with the employee specifying the following: The cause
for discipline, the specific reasons supporting the cause, the
discipline to be imposed, the effective date, and the right of the
employee to be heard.
Employees may be disciplined for areas detailed in the Policy on
EMPLOYEE CONDUCT.
The degree of discipline administered will depend on the severity
of the infraction and shall be in accordance with any applicable
labor contract, regulations, and City policies and procedures as
well as local, state or federal laws and regulations.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 65
It is the responsibility of each supervisor and department head to
evaluate thoroughly the circumstances and facts as objectively as
possible and then apply the most suitable form of discipline.
Types of disciplinary action may include:
Oral Warning - This type of discipline should be applied to
infractions of a relatively minor degree or in situations where the
employee's performance needs to be discussed. The oral warning
should be given in private, subject to employees' rights of
representation. Supervisors should inform the employee that the
supervisor is issuing an oral warning, that the employee is being
given an opportunity to correct the condition, and if the condition
is not corrected, the person will be subject to more severe
disciplinary action.
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 ten days after the occurrence of the violation
claimed by the supervisor.
The reprimand shall state the nature of the infraction in detail
and what corrective action must be taken by the employee to avoid
further discipline.
A copy of the written reprimand is to be handed to the employee at
the time of the discussion of the discipline.
The employee shall sign
receipt. A copy, signed
employee's personnel file
acknowledgment, then the
note on the reprimand that
refused to sign it.
the written reprimand to acknowledge
by the employee, will be placed in the
If the employee refuses to sign the
supervisor and one other witness shall
the employee received a copy thereof and
Suspension - This form of discipline is administered as a result of
a severe infraction of policies or for repeated violation. For
minor infractions, a suspension is often given after the employee
has received a written reprimand.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 66
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 the
appropriate disciplinary action will take effect on the date that
the investigatory suspension began.
Suspension with Pay - At the discretion of the City Manager or
his/her designee, an employee of the City may be suspended with pay
and benefits pending investigation of allegations of misconduct,
when the nature of the allegation compromises the ability of the
employee to perform his/her duties, and when a substantial period
of time will be required to complete an investigation or legal
action. Such suspension is not a disciplinary action and may not
be appealed. If the charges are substantiated, disciplinary action
will be taken in accordance with the nature of the offense, and may
include recovery of salary and benefits paid during the suspension.
If the charges are unfounded, the employee will be restored to duty
and a letter of exoneration will be placed in the employee's
official personnel file.
Demotion - Demotion may be used in those instances where an
employee has been promoted to a position where he/she is unwilling
or unable to perform the responsibilities of that position.
Demotion is not to be used as a substitute for dismissal, when
dismissal is warranted.
Discharge - Immediate removal of an employee from the job site
pending review for discharge may be warranted in instances
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 67
involving serious insubordination, theft, serious illegal or
destructive acts while on the job, or other substantial reasons
deemed appropriate by the City Manager. An employee may also be
discharged after repeated offenses of a less serious nature if the
offenses have been documented by the supervisor and appropriate
behavioral changes have not resulted from previous progressive
disciplinary action.
Probationary employees may be terminated at any time without cause
and without the right of appeal. Notification of dismissal in
writing shall be provided the probationary employee and a copy
filed in his/her personnel file. Dismissals of probationary
employees also require the concurrence of the City Manager.
The original copy of the disciplinary action is to be signed by the
employee and placed in the employee's personnel file with a copy
given to the employee.
Appeals. Warnings, reprimands and suspensions without pay may be
appealed. To appeal a disciplinary action taken by a supervisor,
the employee must present a written appeal to his/her immediate
supervisor within ten (10) working days of the disciplinary action.
If a resolution cannot be reached at this level, a copy of all
relevant information should be presented to the department head who
shall attempt to resolve the matter within five (5) working days
after it is presented to him/her. If the department head is unable
to resolve the situation, a final appeal can be made to the City
Manager's Office. The City Manager shall attempt to resolve the
appeal within five (5) working days after it has been presented to
him/her. The decision of the City Manager shall be final.
If it is the City Manager who has issued the initial disciplinary
action, any appeal shall be in the form of a request for
reconsideration. The City Manager shall respond to such request
within (5) working days. The City Manager's decision shall remain
final.
In those instances where employees are covered by a collective
bargaining agreement, the provisions of the labor contract shall
govern disciplinary action. In all other cases, this policy and
procedure shall apply.
Pre -disciplinary Hearing - Standards/Notice of Discipline. The
Personnel Specialist shall provide and arrange for a pre -
disciplinary hearing prior to the demotion, suspension, or
discharge of any employee.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 68
1. An employee shall be provided, in writing, with a notice of
the charge and an explanation of the department's evidence. The
employee shall be given an opportunity to respond to the charges,
orally or in writing, as to why the proposed action should not be
taken.
2. The employee may have legal counsel or union representation
present at a pre -disciplinary hearing.
3. The department's explanation of the evidence at the
predisciplinary hearing shall be sufficient to apprise the employee
of the basis for the proposed action. This shall not limit the
employer at subsequent hearings from presenting a more detailed and
complete case, including presentation of witnesses and documents
not available at the pre -disciplinary hearing.
4. If, following the pre -disciplinary hearing, the City Manager
determines that disciplinary action should be taken, written notice
of discipline shall be given to the employee. Such notice shall
include the charges against the employee and a general statement of
the findings of the hearing.
5. There is no appeal from
pre -disciplinary hearing, except a
by labor contracts.
EFFECTIVE: Immediately
LAST REVISED: May 10, 2000
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 69
a determination following a
s provided to employees covered
DATE: May 3, 1994
SECTION 40-10
SUBJECT: GRIEVANCE PROCESS
PURPOSE: To establish standardized grievance procedures for
non -represented employees.
STATEMENT OF POLICY:
A "grievance" shall mean a claim or dispute by an employee with
respect to the interpretation, meaning or application of the
provisions of City's policies and procedures.
It is the policy of the City of Kalispell to afford all employees
a means of obtaining further consideration of problems when they
remain unresolved at the supervisory level, and to establish
policies and procedures that provide for timely resolution of
grievances.
Strict adherence to the procedures outlined below is mandatory for
all concerned, except that time limits may be extended for good
cause shown unless other procedures are provided by federal or
state law regulations.
Every attempt will be made to resolve the grievance to the mutual
satisfaction of the employee and the City.
PROCEDURE:
Step 1: An Employee must present a grievance within ten (10)
working days of its alleged occurrence to the employee's immediate
supervisor and department head, who shall attempt to resolve it
within five (5) working days after it is presented to him/her.
Step 2: If the employee is not satisfied with the solution by the
department head, the employee must submit the grievance, in
writing, to the City Manager's office within twenty (20) working
days of the alleged occurrence. This written notice shall include
the following:
a. Statement of the grievance and relevant facts.
b. Remedy sought.
C. Reasons for dissatisfaction with the department head's
solution.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 70
The City Manager shall attempt to resolve the grievance within five
(5) working days after it has been presented to him/her. The City
Manager is the final authority within the City on grievances
presented by non -represented employees.
Questions or requests for additional guidance concerning procedural
or substantial matters relating to the grievance should be directed
to the City Manager's Office.
A written copy of the Grievance Policy will be provided to any
employee who has been discharged from City employment under the
City's discipline policy, at the time of discharge.
No punitive action shall be carried out against the employee for
utilizing the grievance procedure outlined above.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 10, 2000
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 71
SECTION 40-11
SUBJECT: LOBBYING BEFORE STATE LEGISLATURE OR OTHER GOVERNMENTAL
AGENCIES
PURPOSE: To assure that the official policies of the--C-ity are
properly expressed before legislative bodies or other governmental
agencies.
STATEMENT OF POLICY:
1. In order to assure that the official policies of the City are
expressed during appearances before legislative bodies or other
governmental agencies, the following policies will apply:
a. All testimony or statements, written or oral, given by an
employee of the City before any governmental legislative body
or other governmental agency shall strictly comply with the
policies set forth by the City Council, action by a motion,
resolution or ordinance.
b. When there is no formal action by the Council, written
authorization must be obtained from the City Manager prior to
any activity by any employee of the City.
C. The policies expressed in parts (a) and (b) above shall
also apply to any correspondence written on City or
departmental stationery and to any verbal conversation when
the speaker represents himself as an employee of the City.
d. Parts (a), (b), and (c) above, apply to all employees
during normal working hours, except that any written statement
on City or departmental stationery applies at all times. Any
employee who appears before any governmental legislative body
or any agency during hours other than working hours will not
represent themselves as employees of the City unless all
information given is in compliance with this policy. If
during the course of an appearance or verbal interchange, the
fact emerges that the person is an employee of the City, then
a disclaimer will be issued that the information or testimony
given represents the views of the employee and not that of the
City. If information or testimony is given that is contrary
to official policies of the City, then a statement to that
effect will be given if the person has been identified as an
employee of the City.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 72
2. All employees lobbying for the City before the state
legislature and who expend any funds, which include wages, will
file reports with the Commissioner of Political Practices.
3. Any violation of this policy or procedure may result in
disciplinary action being taken against the employee.
4. "Lobby" or "lobbying" each mean attempting to influence the
passage or defeat of any legislation on the adoption or rejection
of any rule, standard, rate, or other legislative enactment that
will, or could have, any impact on the City.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 73
SECTION 40-12
SUBJECT: SMOKING POLICY FOR CITY EMPLOYEES WITHIN CITY -OWNED
FACILITIES
..... .....
PURPOSE: To respond to the increasing evidence that tobacco smoke
creates a danger to the health of persons who are present in a
smoke -filled environment and to establish City policy to regulate
the use of smoking materials by City employees while on duty.
Every attempt will be made to obtain to the greatest extent
possible, freedom for the nonsmoker from the harmful effects of
smoking materials, while preserving a reasonable degree of freedom
for those who choose to smoke.
STATEMENT OF POLICY:
"Smoke" or "smoking" as used in this policy shall mean and include
the smoking or carrying of any kind of lighted pipe, cigar, or
cigarette.
Smoking will be restricted to designated areas as established by
the City Manager. The following areas have been so designated
provided that the resulting smoke does not affect non-smoking
employees or the public:
Fire Department: Hose Tower
Police Department: Detective Offices by suspects or
prisoners only; excludes detectives.
City Vehicles: No smoking in City vehicles when a
nonsmoker is present.
Smoking shall further be prohibited in City Hall, including all
counter areas frequented by the general public, in all meeting
rooms used by City staff, in all stairways and restrooms, and in
all work areas where nonsmokers and/or sensitive equipment may be
subject to the effects of smoke.
Areas designated for smoking may change from time to time to meet
the needs of the City and desires of its employees and the public.
In the event there is a conflict about the establishment of a
smoking area, the right of the nonsmokers to breathe clean air free
from harmful smoke shall supersede the right to smoke.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 74
Signs prohibiting smoking shall be conspicuously posted in every
facility and major work area where smoking is prohibited. Ashtrays
will not be kept in non-smoking areas. Ashtrays will be made
available in the designated smoking areas and are to remain in the
designated areas at all times.
Smoke breaks are to be confined to the affected employees lunch
period or rest break.
The effectiveness of this policy shall depend largely on the
understanding and willingness of all employees to abide by its
provisions and to request others to do so. Smokers must consider
the health concerns and comforts of their non-smoking co-workers
and nonsmokers must consider the freedom of choice of the smoker.
It shall be the responsibility of each employee to abide by the
rules and regulations contained in this policy, and it shall be the
responsibility of the affected department head to see that the
policy is applied in an equitable manner and adhered to by all
employees.
Complaints of violation of the policy should be directed to the
department head responsible for the particular work area or
facility involved in the complaint. The department head shall be
responsible for notifying the violator of the pertinent portions of
this policy. Failure to comply with the policy after proper
notification shall initiate the City's progressive discipline
procedures.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: June 17, 1996
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 75
SECTION 40-13
SUBJECT: SOLICITATIONS
PURPOSE: To establish a uniform policy for solicitations by sales
representatives or agents in order to all disruption of City
employees during normal working hours.
STATEMENT OF POLICY:
With the exception of United Way and other City -approved
activities, peddling or soliciting for sale or donation of any kind
on City premises during normal working hours is not allowed.
Exceptions may be granted by the City Manager's office.
Working hours include the working time of both the employee doing
the soliciting or distributing, and the employee to whom such
activity is directed.
Employees are free to discuss these matters before or after normal
working hours, and during lunch or rest periods in non -work areas.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 76
SECTION 40-14
SUBJECT: CONTRIBUTIONS AND HONORARIUMS
PURPOSE: To establish a policy and procedure for reporting
contributions and honorariums. --- "_
STATEMENT OF POLICY:
Speeches and presentations which are related to City services
delivered by City employees to community and professional
organizations are made without charge. If an organization wishes
to give an honorarium or contribution for such a presentation, the
remuneration must be made to the City, not to the individual
employee.
An honorarium or contribution for a speech or other presentation
made by a City employee to a group outside the City, either during
working time or for which the City provided travel expenses, will
also be made to the City.
Such contributions and honorariums shall be turned over to the
Finance Director for disposition.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 77
SECTION 40-15
SUBJECT: DRUG FREE WORK PLACE
PURPOSE AND INTENT:
Employees and the City have a mutual obligation to ensure a safe
and healthy work environment. This policy is instituted to assure
that the work place be free of employees whose job performance may
be impaired by the abuse of drugs and/or alcohol.
The employer recognizes that drug and alcohol abuse may be
considered treatable illnesses and to the extent possible the
response to these illnesses may be treatment and rehabilitation.
It is recognized that the consumption of alcohol or drugs to the
point that employees are unable to perform their jobs safely and
effectively cannot be tolerated.
It is recognized that when employees have placed themselves in a
situation where their ability to perform their jobs is impaired by
drugs or alcohol that it is the responsibility of the parties to
remove such employees from the work environment to prevent the
endangerment of the employee, fellow employees and/or the public.
The City recognizes employee concerns of personal privacy and that
drug or alcohol testing may be used in cases where questions of
impaired job performance are involved. Adverse action against an
employee for off -duty conduct may not be taken unless such conduct
directly impairs the employee's on-the-job performance or the
ability to perform his/her job.
PROHIBITED SUBSTANCES:
1. Drugs shall be defined as those substances whose dissemination
is regulated by law, including but not limited to narcotics,
depressants, stimulants, hallucinogens, cannabis, and alcohol.
This definition shall include over-the-counter drugs and/or drugs
that require a prescription or other written approval from a
licensed physician or dentist for their use. The drugs that are
included in these categories are as follows:
a. alcohol
b. cannaboids/marijuana
c. cocaine
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 78
d. heroin
e. opium or opiates
f. phencyclidine (PCP)
g. lysergic acid diethylamide (LSD)
h. barbiturates
i. amphetamines or methamphetamines
j. methaqualone
k. mescaline
1. glutethimide
M. phenocycladine
n. procyclidine
o. other controlled substances as defined in Title 50,
Chapter 32, Part 2 Montana Code Annotated.
p. a prescription drug for which the employee does have or
does not have a current, valid, personal prescription and
which is not authorized or approved for use while operating a
motor vehicle or other equipment.
q. any over-the-counter drug which may impair job
performance and safety.
2. The presence of trace amounts of alcohol, cannaboids and/or
over the counter drugs as evidenced by a drug or alcohol test shall
not be grounds for disciplinary action to the extent that job
performance and/or the ability to perform safely is not lessened to
any appreciable degree. However, the presence of these substances
will be grounds for discipline when such use is in violation of an
agreed upon treatment, or a return to work agreement, or
constitutes a violation of an occupational licensing requirement or
regulation (such as a commercial driver's license).
1. In the event there is reasonable cause to believe that an
employee's job performance may be impaired by drugs or alcohol, the
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 79
employee's supervisor shall question the employee with regard to
the behavior. The supervisor shall directly observe the employee's
behavior and document the behavior. Indications of impaired
behavior include but are not limited to the following: staggering
or irregular gait, the odor of alcohol on the breath, slurred
speech, dilated or constricted pupils, inattentiveness,
listlessness, hyperactivity, performance problems, illogical speech
and thought processes, poor judgment, or unusual or abnormal
behavior.
2. When possible, a second managerial employee shall also observe
the employee to verify that there is reasonable cause to believe
that drug or alcohol consumption may be involved. A determination
shall be made as to whether or not the employee's behavior is
impaired to the point of being unable to perform his duties
effectively and safely. The employee shall be relieved of his
duties and placed on a suspension with pay status until a clear
determination can be made as to the abuse or non -abuse of drugs or
alcohol.
3. If it is concluded that there is reasonable cause to believe
that drug or alcohol consumption is involved, the supervisor or
appropriate manager shall have a drug or alcohol test administered.
Failure of an employee to take the test(s) may be cause for
disciplinary action. The City may also have the employee undergo
a physical examination at City expense at the time that the drug or
alcohol test is administered. The test(s) must be conducted within
a reasonable time period after the observation of the problem
behavior.
4. If the test is negative, the employee shall be counseled by
the physician and returned to work if appropriate to the medical
diagnosis. There shall be no loss of pay or benefits. Where
appropriate a signed physician's release may be required by the
Employer before the employee is returned to work. Time lost due to
an illness will be charged to sick leave. If the behavior that led
to the initial investigation is not due to substance abuse but
continues to hinder job performance, the City may require the
employee to undergo further medical evaluation.
5. If the test is positive the employee may be terminated,
depending upon the circumstances of the situation. Circumstances
that would warrant an immediate termination would include incidents
where the employee's impairment resulted in loss of life, serious
injury to self or others, the serious loss or damage to property or
an incident of parallel magnitude.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 80
6. In cases where immediate termination is not warranted, the
employee will be placed in an unpaid rehabilitation leave status.
The employee shall be evaluated and a recommended appropriate
treatment shall then be arranged. Where appropriate the employee
shall be referred to a treatment program agreed upon by the Union
and the Employer. Once the inpatient part of the program -has been
completed, the employee may be re-employed but only with a written
release from a physician. Where it is prescribed by a physician
and/or a treatment program, drug testing may be included as a part
of that treatment program. An employee who is returned to work as
provided for under this procedure who fails to comply with any of
the terms of an agreed upon treatment and/or return to work
agreement may be subject to the full range of disciplinary action,
including termination.
7. An employee who is the subject of an investigation related to
substance abuse may have a union representative or another employee
present during the investigative procedures outlined above.
Disciplinary actions taken by the City under this procedure shall
be subject to the Grievance Procedure of the Labor Agreement.
8. The City may utilize both urine and blood tests for
verification. The "enzyme -immunoassay" (EMIT) and "gas chroma-
tography mass spectrophotometry" (DC -MS) test method shall be used
in a laboratory agreed upon by the employee and the City. The City
shall pay for the costs of all initial tests and medical
examinations carried out under this procedure. The City shall
maintain confidentiality of test results to the extent possible.
9. The City, the employee and the union, where applicable, shall
work cooperatively to facilitate the resolution of problems that
arise under the administration of this policy. When appropriate,
the employee and the City shall enter into joint agreements that
establish the form of treatment and the conditions that will be
imposed for the return of an employee to the work place. If the
conditions for returning to work include a negative drug or alcohol
test, the costs of such follow-up testing shall be borne by the
affected employee.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11, 2000
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 81
SECTION 40-16
SUBJECT: DRUG AND ALCOHOL TESTING
--- ---------PURPOSE_: City government providesa _ variety of _public services .
The employees of the City are its most valuable resource, since it
is through their work that services are provided. When delivering
services, the health and safety of the public and the health and
safety of employees are of paramount importance.
Drug and alcohol abuse is a problem of serious concern and one
which affects all segments of the community, including the
workplace. Such behavior poses risks to members of the public and
to City employees. Employees have the right to work in an alcohol
and drug -free environment. Members of the public have the right to
be free from the harmful effects of alcohol and drug abuse in the
provision of public services.
The policy of the City is to provide a safe work environment and to
protect the public by ensuring a drug -free workplace.
The purpose of this policy is to assure worker fitness for duty and
to protect our employees and the public from the risks posed by the
use of alcohol and prohibited substances. This policy is also
intended to comply with all applicable Federal regulations
governing workplace anti -drug programs. The Federal Highway
Administration (FHWA) of the U.S. Department of Transportation has
enacted 49 CFR Part 382, 391, 392 and 395, as amended, that mandate
urine drug testing and breath alcohol testing for persons who are
subject to Commercial Drivers License (CDL) requirements and
perform safety -sensitive functions.
The U.S. Department of Transportation (DOT) has also enacted 49 CFR
Part 40, as amended, that sets standards for the collection and
testing of urine and breath specimens.
In addition, the DOT has enacted 49 CFR Part 29, "The Drug -Free
Workplace Act of 1988," which requires the establishment of drug -
free workplace policies and the reporting of certain drug -related
offenses to the FHWA.
This policy is also intended to comply with, the Montana "Workforce
Drug and Alcohol Testing Act," H 39-2-205-211, M.C.A.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 82
This policy incorporates the requirements under the above
regulations.
Nothing in this policy is intended to preclude disciplinary action
being taken under existing department policy.___
A list of definitions is included for easy reference (ATTACHMENT 1)
Scope: Effective January 1, 1996, this policy applies to all City
employees, who are subject to CDL requirements and perform safety
sensitive functions, except Fire Department and uniformed Police
Department employees. It applies to on -duty time as well as off -
site breaks and lunch periods when an employee is scheduled to
return to work.
STATEMENTS OF POLICY:
The City is committed to a drug -free workplace, to educating
employees regarding the dangers of substance abuse, and to
providing support for employees undergoing treatment and
rehabilitation for chemical dependency. The City also is committed
to the accountability of employees for violations of this policy
through appropriate discipline, up to and including termination.
Treatment and Rehabilitation: The City provides an Employee
Assistance Program for employees needing treatment or
rehabilitation as well as medical plan coverage for both inpatient
and outpatient treatment. Accrued leaves may be used for
treatment and rehabilitation purposes.
Prohibitions: Employees who think they may have an alcohol or drug
usage problem are urged to voluntarily seek confidential assistance
from the Employee Assistance Program. This policy prohibits the
following:
1. The unauthorized use, possession, manufacture,
distribution or sale of an illegal drug, controlled substance
or drug paraphernalia on City property or while on City
business, in City supplied vehicles or during working hours.
2. The unauthorized use, possession, manufacture,
distribution, or sale of alcohol on City premises or while on
City business, in City supplied vehicles or during working
hours.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 83
3. Storing any illegal drug, drug paraphernalia, or any
controlled substance whose use is unauthorized, or any
container of alcohol, in or on City property (including
vehicles). Unopened containers of alcohol in a private
_ vehicle parked on City _property_ _shall not be a violation of
this policy.
4. Reporting to work, or working, while under the influence
of illegal drugs or alcohol, whether on City premises or on
City business, or in City supplied vehicles.
5. Failing to notify the employee's supervisor, before
beginning work, that the employee is taking medications or
drugs which may interfere with the safe and effective
performance of duties.
6. Refusing to immediately submit to an alcohol and drug
test when requested by a supervisor, in accordance with this
policy.
7. Failing to provide, by the next work day following a
request, a valid prescription for any drug or medication
identified when the results of a drug test are positive. If
the employee is taking prescription drugs, the prescription
must be in the employee's name.
8. Refusing to submit to an inspection as described in the
Enforcement Section when requested by a supervisor, in
accordance with this policy.
9. Failing to adhere to the requirements of any drug or
alcohol treatment program in which the employee is enrolled:
(a) as a condition of continued employment; or,
(b) pursuant to a written agreement between the City and
the employee.
10. Violating any criminal drug or alcohol statute while
working, or for a conviction under any criminal drug statute.
11. Failing to notify the City of any arrest or conviction
under any criminal drug or alcohol statute by the next work
day following the arrest or conviction.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 84
Managerial Responsibility for Enforcement: Managers and
supervisors shall be responsible for enforcement of this policy.
The City will provide training to all managers authorized to act
under this policy in evaluating and working with substance abuse
issues in the workplace.
Enforcement: When there is a reasonable suspicion to believe that
an employee's job performance may be impaired by drugs or alcohol,
the supervisor may:
(a) direct the employee to submit to a drug/alcohol test; or,
(b) search, with or without employee consent, all areas and
property in which the City maintains control or joint control
with the employee.
Pre -Employment Testing: The successful applicant for a position
requiring a Commercial Drivers License must pass a pre -employment
drug test prior to hire. The test will be administered after a
conditional offer of employment has been made and prior to any
tentative start date.
This test will be conducted under the SAMHSA (Substance Abuse and
Mental Health Services Administration) standards and protocols.
(See section on Processing Urine Samples.)
Prior to hire, the prospective employee must provide a written
release so that the City can obtain from previous employers for the
last two (2) years the required information as provided in 49 CFR
Part 382, section 382.413. This information must be obtained from
employers for whom the prospective employee operated a CMV
(Commercial Motor Vehicle) . If this information is not provided to
the City within fourteen (14) calendar days from the date the
employment begins, the employee must be removed from performing
safety -sensitive functions unless the City can document contact was
made with the previous employer, the results of that contact, and
why the information was not obtained.
A prospective employee with a confirmed positive drug test will be
disqualified from consideration for the position being filled.
This will not prevent this individual from being considered for any
subsequent vacancy.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 85
Pre -Duty Consumption of Alcohol: Employees are prohibited from
consuming alcohol for four (4) hours prior to going on duty or
before operating a commercial motor vehicle.
_____ This regulation_ from the FHWA applies to scheduled shifts and all
call out situations. If an employee cannot meet this requirement,
it is his/her responsibility to tell their supervisor, or person
initiating the call out, that they cannot report to work.
Reasonable Suspicion: "Reasonable Suspicion" is a belief based on
objective facts sufficient to lead a reasonable person to suspect
that an employee is under the influence of drugs or alcohol so that
the employee's ability to perform the functions of the job is
impaired or that the employee's ability to perform his/her job
safely is reduced. For example, any of the following, alone or in
combination, may constitute reasonable suspicion:
1. Slurred speech;
2. Irregular or unusual speech patterns;
3. Impaired judgment;
4. Alcohol odor on breath;
S. Uncoordinated walking or movement;
6. Unusual or irregular behavior such as inattentiveness,
listlessness, hyperactivity, hostility or aggressiveness;
7. Possession of alcohol or drugs.
Impairment: The supervisor shall directly observe the employee's
behavior and document in writing the facts constituting reasonable
suspicion. When circumstances permit, a second person shall also
observe the employee to verify that there is a reasonable basis to
believe that drug or alcohol impairment may be present. if
possible, the supervisor shall question the employee with regard to
the situation. When a determination is made that an employee may
be impaired because of drug or alcohol use, the employee shall be
relieved of his/her duties and placed on paid leave status.
The supervisor shall immediately notify the department head, or in
his/her absence, the designee. In the event that this person is not
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 86
available, the supervisor shall immediately contact the Personnel
Specialist/Program Manager for review. Upon review, the department
head or designee, or in his/her absence the Personnel
Specialist/Program Manager or designee, may authorize the
Gupervisor __to require a drugtest.
Random Testing: During the calendar year, 50% of all CDL holders
will be tested on a random basis for the presence of drugs and
alcohol. Approximately quarterly, although testing could occur
anytime during the year, names of CDL holders will be drawn
randomly using a computer program to select individuals for drug
and alcohol testing. These individuals will• be scheduled for
testing. All individuals will be required to go to a collection
site for drug and alcohol testing. No advance warning will be
given to employees regarding the date and time of the random test.
Individuals who are scheduled to drive a CDL vehicle or perform a
safety -sensitive function (such as a mechanic working on a Police
or Fire vehicle, working brakes, etc.) on the day of the random
test shall also take a breath test for alcohol. Test results and
the handling of any positive tests are the same as noted above for
all employees.
Any accident involving a commercial motor vehicle must be reported
as soon as possible by the employee to his/her supervisor. The
supervisor should investigate the circumstances of the accident and
determine if there is reasonable suspicion to require a drug and
alcohol test. Testing is mandated in the following circumstances:
1. An accident that has resulted in the loss of human life.
2. An accident in which the driver receives a citation and
there is an injury requiring medical attention away from the
scene of the accident.
3. An accident in which the driver receives a citation and
any vehicle in the accident must be towed from the scene.
An individual in a safety -sensitive position, such as a mechanic,
is subject to drug and alcohol testing, when in the opinion of a
supervisor, employee performance caused or contributed to the
accident. For example, a mechanic would be tested when he/she
worked on CMV brakes just prior to an accident and a brake problem
may have contributed to the accident.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 87
A post -accident drug and alcohol test should be completed as soon
as possible. Drug testing must occur no later than 32 hours after
the accident. Alcohol testing must occur no later than 8 hours
after the accident. If more than two hours elapse before an
test is administered, the City is required to prepare and
maintain on file an explanation of why a test was not properly
administered for the FHWA.
A driver is prohibited from consuming alcohol for 8 hours after an
accident, or until he/she has taken a drug and alcohol test.
Note: A law enforcement officer investigating an accident has
legal authority under certain circumstances to order a blood sample
to be taken for drug and alcohol testing.
Return to Work Testing: When an employee has tested positive for
drugs or alcohol during a random or post accident test, the same
provisions apply as for all employees in the section above on
Discipline and/or Treatment/Rehabilitation. In addition, the
following specific rules apply:
1. Employees will be referred to the EAP program or to other
substance abuse counseling as part of their return to work
requirements.
2. The employee must comply with any recommended
rehabilitation.
3. The employee must have a negative retest before being
permitted to return to work.
4. Unannounced follow-up tests will be conducted at least 6
times within the first 12 months after an employee returns to
work.
5. Testing may be extended for a period of up to 60 months
after return to work.
Drug and Alcohol Testing: A drug test under this policy is a
urinalysis (for drugs) and an evidential breath test (for alcohol)
administered under approved conditions and procedures conducted for
the sole purpose of detecting drugs and alcohol. Other methods to
detect the presence of alcohol may be added at a later date if
approved by the FHWA, including blood/alcohol and saliva tests.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 88
The tests will be conducted by a City -appointed medical laboratory
and paid for by the City, except in the case of retests required
under a return to work agreement.
____ __Fbllowing authorization for reasonable suspicion or post -accident
drug testing, the supervisor or other authorized person will
transport the employee to the designated laboratory.
In the case of an applicant for employment or follow-up testing,
the individual shall appear at the designated laboratory at the
time instructed by the Personnel Specialist/Program Manager. An
opportunity to have the original urine sample retested at the
applicant's expense shall be afforded. The applicant must request
a retest within 72 hours. If there is a confirmed positive test,
the Personnel Specialist/Program Manager shall notify the
department head and the applicant shall be removed from eligibility
for hire.
The subject (employee or applicant) will be interviewed by
laboratory personnel prior to the sample collection to determine
whether the subject is currently using drugs under medical
supervision and/or taking over-the-counter medications which might
reasonably impact the test.
The room where the sample is obtained must be private and secure.
Documentation shall be maintained that the area has been searched
and is free of any foreign substance. For all general employees,
CDL holders, and individuals tested under the reasonable suspicion
standard no observer shall be present when the sample is collected.
Procedural actions shall be taken in all tests to ensure the sample
is from the subject and was actually passed at the time noted on
the record.
Processing Urine Samples: Each step in the collection and
processing of the urine specimen shall be documented to establish
procedural integrity and the chain of custody. Unless specifically
noted, all testing whether for CDL or other city employees, will be
done using SAMHSA procedures and threshold levels.
Split Sample Testing Method must be used and specimen samples shall
be sealed and labeled. Samples shall be stored in a secure and
refrigerated atmosphere. A large enough sample will be taken to
allow for a second, follow-up test.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 89
Any sample which has been adulterated or is shown to be a substance
other than urine shall be reported as such. Any applicant or
employee providing false information about a urine or breath
specimen or who attempts to contaminate such sample shall be
________subject to ___removal from__consideration for hiring or termination.
Results of Drug Testing: The laboratory will review the results of
the test and determine if the sample contains any illegal drug or
legal drug or alcohol at levels that would cause impairment or
reveal its use in an illegal manner. The lab director will also
review the medical history made available by the subject when a
confirmed positive test could have resulted from a legally
prescribed medication.
For all CDL holders, mechanics and City employees, the results
shall be forwarded immediately to the City Medical Review Officer
(MRO) for further review. The Personnel Specialist/Program Manager
will send a copy of the drug testing results to the employee's home
address.
Drugs Tested: The laboratory shall test for the following drugs at
levels that meet or exceed the limits hereafter set forth:
Drug
Amphetamines
(Methamphetamines)
Cocaine Metabolites
Screening Level
Opiates(Morphine, codeine)
PCP (Phencyclidine)
THC (Marijuana)
Alcohol
* SAMHSA specified threshold.
1000 ng/ml
300 ng/ml
300 ng/ml
25 ng/ml
100 ng/ml
Confirmation Level*
500+ ng/ml
150+ ng/ml
300+ ng/ml
25+ ng/ml
15+ ng/ml
0.02**
** Tested through an evidential breath test instrument at a level
of .02 alcohol/breath concentration or greater, expressed in terms
of grams per 210 liters of breath.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 90
Evaluation of Legal Drug Use: In the case of prescription drug use
that may affect an employee's ability to perform his/her job
safely, the laboratory director or, in the case of employees and
all CDL testing, the City's designated Medical Review Officer, will
require the subject to provide, by the next scheduled work day a
bona fide verification of a valid current prescription for -the" -drug
identified. The applicant shall be dropped from eligibility or the
employee will be subject to disciplinary action when:
1. Verification of a valid prescription is not provided and
the employee has not previously notified his or her
supervisor;
2. The prescription provided is not in the subject's name.
Alcohol Level at .02: When there is a confirmed presence of any
illegal drug, or legal drug or alcohol (equal to or greater than
.02) or in the case of legal drugs, for which in the opinion of the
Lab Director or City -designated Medical Review Officer (MRO), no
reasonable explanation or proof is provided, the subject shall be
deemed to have failed the test. When there is a confirmed presence
of alcohol at the .02 level, the employee is deemed to be unable to
safely operate a motor vehicle, operate machinery or perform
safety -sensitive work.
If these tasks are part of an employee's job (in the opinion of the
supervisor), he/she will be considered unable to work and will be
sent home for the remainder of his/her work shift. The individual
will be required to take leave without pay. The employee will not
be permitted to take sick leave, vacation, or compensatory time.
The employee may return to work after a period of 24 hours or at
the beginning of their next work day or shift (which ever period of
time is greater) or after another test shows a breath alcohol level
of below .02. Under this policy, a breath alcohol test of between
.02 and .039 would be considered a positive test but will not
result in disciplinary action other than taking leave without pay
for the remainder of his/her work day(s) or shift.
Employees: The employee shall be advised of the positive test
result by the City Medical Review Officer. The employee shall be
afforded the opportunity to have the original urine sample
retested. Retests must be requested within a period of 72 hours
after notification of an initial positive test by the MRO.
A retest will be done by the original lab (at the City's expense)
unless the employee wishes to pay for a retest at a different
laboratory. The second test must be done by a SAMHSA certified
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 91
lab. If the subject declines a retest, or, the retest confirms the
results of the initial test, the Personnel Specialist/Program
Manager shall be notified. The Personnel Specialist/Program
Manager shall notify the department head of the results and a
determination of appropriate action will be made.
Discipline: As with any issue of employee misconduct, an
appropriate investigation and assessment of circumstances will be
conducted with guidance from the City Manager and the City
Attorney. Advice from medical professionals may be sought. A
decision to refer for substance abuse evaluation, treatment and/or
discipline may be made depending on the nature and severity of
misconduct, the employee's work history, and other pertinent facts
and circumstances. In certain situations, follow-up drug testing
may be recommended and conducted to ensure the employee remains
drug and alcohol free.
A referral for evaluation by a substance abuse professional is
mandatory for CDL holders when there is a positive test.
Any disciplinary action will be carried out in accordance with City
Personnel Policies, other applicable rules and regulation, and
applicable union contract agreements.
Negative Test Results. Employees who have been tested for drugs
and alcohol, where no substance abuse was found, shall receive
notice of such findings from the Personnel Specialist/Program
Manager. A copy of this notice will not be placed in their
personnel file, unless requested by the employee. A record of the
negative results shall be placed in a confidential folder in a
separate, secured file maintained by the Personnel Department.
In the case of job applicants (except Police and Fire), the
department shall be notified by the Personnel Specialist/Program
Manager that the applicant is clear for hire.
Confidentiality: Laboratory reports of positive test results shall
not appear in an employee's general personnel folder. Information
of this nature will be placed in a separate confidential medical
folder that will be maintained by the Personnel Specialist/Program
Manager.
The positive reports or test results shall be disclosed to the
department head only on a need -to -know basis. Disclosures without
patient consent, may also occur when:
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 92
(a) the information is compelled by law or by judicial or
administrative process;
(b) the information has been placed at issue in a formal
dispute between the City and the employee;
(c) the information is to be used in administering an
employee benefit plan such as for drug or alcohol treatment;
(d) the information is needed by medical personnel for the
diagnosis or treatment of the patient (employee) who is unable
to authorize disclosure.
Record Retention Requirements: The City shall maintain all records
related to drug and alcohol testing for each driver in a secure
location with controlled access and keep all documents sent by the
laboratory or the collection site.
The following records shall be maintained for a minimum of five
years:
1. Records of alcohol test results indicating an alcohol
concentration of .02 or greater;
2. Records of verified positive drug test results;
3. Documentation of refusal to take required alcohol and/or
drug tests;
4. Evaluations and referrals;
5. Copy of annual report.
Records related to alcohol and drug collection process and training
shall be maintained for a minimum of two years.
Records of negative and canceled drug test results and alcohol test
results with a concentration of less than 0.02 shall be maintained
for a minimum of one year.
No records containing driver information required by this policy
will be released except as provided as follows:
1. Upon written request of the employee;
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 93
2. Upon written authorization of the employee, records will
be disclosed to a subsequent employer subject to use as
specified by the employee;
3.1 Upon specific, written authorization by the employee,
rcords will be released to an identified person -for use only "
as specified by the employee;
4. Records may be disclosed to a decision -maker in a
lawsuit, grievance, or other proceeding initiated by or on
behalf of the employee, including, but not limited to, a
workers compensation, unemployment compensation or other
proceeding relating to a benefit sought by the driver.
EFFECTIVE: JANUARY 1, 1996
APPROVAL: DECEMBER 18, 1995
RESOLUTION NO: 4248
LAST REVISED: May 11, 2000
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 94
ATTACHMENT 1
Definitions
Accident - an occurrence involving a City of Kalispell commercial
motor vehicle (CMV) operating on a public road
AND EITHER - involves a fatality;
OR - moving violation is issued to the CMV driver;
AND EITHER - involves injury to a person who, as a result of
the injury, immediately receives medical treatment away from
the scene of the accident;
OR - one (1) or more motor vehicles incurs disabling damage as
a result of the accident requiring the vehicle to be towed
away by a tow truck or other vehicle, or if it were driven, it
would be damaged more.
(Note: Disabling damage means damage which precludes departure
of a motor vehicle from the scene of the accident in its usual
manner in daylight after simple repairs. It does not include
damage to tires even if a spare is unavailable, head or
taillight, turn signal, horn or windshield damage.)
Alcohol - the intoxicating agent in beverage alcohol, ethyl
alcohol, or other low molecular weight alcohols including methyl
and isopropyl alcohol.
Alcohol concentration (AC) - means the concentration of alcohol in
a person's blood or breath. When expressed as a percentage it
means grams of alcohol per 100 milliliters of blood or grams of
alcohol per 210 liters of breath.
Alcohol use - the consumption of any beverage, mixture, or
preparation, including any medication containing alcohol.
Commercial motor vehicle (CMV) - a motor vehicle or combination of
motor vehicles used in commerce to transport passengers or property
if the motor vehicle:
- has a gross combination weight of 26,001 or more pounds
inclusive of a towed unit with a gross vehicle weight rating
of more than 10,000 pounds; or
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 95
- has a gross vehicle weight rating of 26,001 or more pounds;
or
- is designed to transport 16 or more passengers, including
the driver; or
- is of any size and is used in the transportation of
hazardous materials requiring placards.
Controlled substance - includes, but is not limited to, marijuana,
amphetamines, opiates, phencyclidine (PCP), and cocaine. Also
includes those substances listed a controlled substances under
M.C.A. Title 50, chapter 32, part 2.
Driver - any person who operates a CMv. For the purposes of pre-
employment testing, the term driver includes a person applying to
drive a commercial motor vehicle (Police and Fire department
exempt) .
Evidential breath testing device (EBT) - a device approved by the
National Highway Traffic Safety Administration (NHTSA) for the
evidential testing of breath and placed on NTSHA's September 1993
or later "Conforming Products List of Evidential Breath Measurement
Devices" (CPL).
Medical Review Officer (MRO) - a licensed physician (medical doctor
or doctor of osteopathy) responsible for receiving laboratory
results generated by an employer's drug testing program who has
knowledge of substance abuse disorders, and has appropriate medical
training to interpret and evaluate an individual's confirmed
positive test result together with his or her medical history and
any other relevant biomedical information.
Negative test - for drugs, a test with the amounts present that
are at or below the minimum thresholds in 49 CFR Part 40, as
amended. For alcohol, a concentration below 0.04.
On -duty time - All time from the time a driver begins to work or is
required to be in readiness to work until the time he is relieved
from work and all responsibility for performing work.
On -duty time shall include:
1. All time at a carrier or shipper plant, terminal,
facility or other property, or on any public property, waiting
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 96
to be dispatched, unless he/she has been relieved from duty by
the motor carrier.
2. All time inspecting to make sure that the parts,
accessories and emergency equipment are in good working order
and ready for use or otherwise inspecting, servicing, or
conditioning any commercial vehicle.
3. All time spent at the driving controls of a commercial
motor vehicle in operation.
4. All time, other than driving time, in or upon any
commercial motor vehicle except time spent resting in a
sleeper berth.
5. All time loading or unloading a vehicle, supervising, or
assisting in the loading or unloading, attending a vehicle
being loaded or unloaded, remaining in readiness to operate
the vehicle, or in giving or receiving receipts for shipment
loaded or unloaded.
6. All time repairing, obtaining assistance, or remaining in
attendance upon a disabled vehicle.
Performing a safety sensitive function - means a driver is
considered to be performing a safety -sensitive function during any
period in which he or she is actually performing, ready to perform,
or immediately available to perform any safety -sensitive function.
See items 1-6 above in the definition of on -duty time.
Positive test - for a drug test, an amount above the minimum
thresholds in 49 CFR Part 40, as amended. For an alcohol test, a
breath alcohol concentration at 0.04 or greater.
Refuse to submit - (to an alcohol or controlled substances test)
means that a subject:
1. fails to provide adequate breath for testing without a
valid medical explanation after he or she has received notice
of the requirement for breath testing in accordance with the
provisions of this part;
2. fails to provide adequate urine for controlled substances
testing without a valid medical explanation after he or she
has received notice of the requirement for urine testing in
accordance with the provisions of this part; or,
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 97
3. engages in conduct that clearly obstructs the testing
process.
Reasonable suspicion - belief that the employee has violated the
alcohol or controlled substances prohibitions, based on specific,
contemporaneous, articulable observations concerning the
appearance, behavior, speech or body odors of the employee.
Safety sensitive functions - see items 1-6 in the definition of
"on -duty time" above.
Substance abuse professional (SAP) - a licensed physician (Medical
Doctor or Doctor of Osteopathy), or a licensed or certified
psychologist, social worker, employee assistance professional, or
addiction counselor (certified by the National Association of
Alcoholism and Drug Abuse Counselors Certification Commission) with
knowledge of and clinical experience in the diagnosis and treatment
of alcohol and controlled substances -related disorders.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 98
SECTION 50-1
SUBJECT: EMPLOYEE COMPENSATION
PURPOSE: To establish policy and procedures for compensating City
employees. _
STATEMENT OF POLICY:
It is the policy of the City and the purpose of this plan to
establish a compensation system that will allow the City to
effectively compete for qualified personnel and to ensure that
salaries are equitable and commensurate with the duties performed
by each employee.
The salary ordinance shall be adopted by the City Council and shall
apply to all employees not covered by a labor contract. Employees
covered by a labor contract shall be compensated as referenced in
the agreement. Copies are available for viewing in the City
Manager's Office.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 99
SECTION 50-2
SUBJECT: POSITION CLASSIFICATION PAY
STATEMENT OF POLICY:
All department head and non -union positions including technical,
professional, and managerial positions are included in the City's
Position Classification and Pay Plan.
The pay structure provides for 20 pay ranges to cover all of the
non -represented positions. Entry level amounts for the pay ranges
are 5% apart. The width of the ranges is 33%, which reflects the
average of the pay ranges for all organizations at the time of the
survey. An individual would normally be hired at the beginning of
the pay range, and move progressively through the range if he/she
earns satisfactory or better performance evaluations. It should be
noted that the City still needs to retain flexibility in recruiting
for highly specialized technical, professional and managerial
positions. In such cases, the City retains the ability, subject to
management authorization, to negotiate and offer the qualified
candidates up to 15% above these recommended entry rates.
Each position has a job description and quantitative job evaluation
which determines the classification that the position is assigned.
The Factor Evaluation System (FES) was developed by an independent
consultant. The factor evaluation system allows each and every
position to be reviewed and evaluated in comparison with every
other position in the classification system. Each position will
have a numerical score. All new positions will be point factored
using the FES.
Point factor results are linked with market survey data.
Benchmarks were selected to represent a cross-section of positions
along the salary continuum. Survey data points represent points
along a pay line from the lowest to the highest rated position in
the system. This dual system provides factor evaluation for
internal equity and market survey for external competitiveness.
Market studies shall be updated every three (3) years.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
[Note: Seriously consider eliminating the underlined language and
replacing it with a policy that permits greater management
flexibility.]
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 100
SECTION 50-3
SUBJECT: PERFORMANCE EVALUATION
STATE OF POLICY:
The Performance Evaluation is an integral part of the City's Pay
and Classification Plan. This plan covers department heads and
other non -union employees.
A Performance Evaluation system has been put into place which
provides different formats for different classes of employees.
Basically, there is an evaluation format for department heads and
another format for all other employees. Some positions then have
supplements which relate to technical areas of their work.
Each employee will be evaluated at least annually. Merit increases
shall be provided within each pay grade to provide a means of
rewarding meritorious service.
Provided the appropriate level of funding is budgeted by the
Council, the extent of possible merit award shall be determined at
the beginning of each fiscal year.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 101
SECTION 50-4
SUBJECT: PAY PLAN ADJUSTMENTS/LONGEVITY
STATEMENT OF POLICY:
In order to adjust the ranges and to maintain an advantageous
position in the marketplace, a competitive adjustment will be made
each year. In determining market adjustments the United States
Department of Labor, Bureau of Vital Statistics, Consumer Price
Index, West Edition (CPI-U) for the annually -adjusted month of
September shall be considered. The entire pay schedule will be
adjusted by the percentage amount identified.
Longevity pay is not a part of the Position Classification and Pay
Plan.
EFFECTIVE: Immediately
LAST REVISED:
DATE: May 3, 1994
[Again, consider eliminating the underlined.]
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 102
SECTION 50-5
SUBJECT: DATE OF HIRE/ANNIVERSARY DATE
PURPOSE: To establish definitions and a policy for administering
the date of -hire and" anniversary date for City employees.-"" -
STATEMENT OF POLICY:
Date of hire shall mean the effective date of the individual's
employment with the City.
Anniversary date shall mean the date the employee began his/her
employment in the most recent position.
A regular employee who is promoted, demoted or transferred will
have his/her anniversary date changed to the effective date of the
promotion, demotion or transfer.
A regular employee returning from a leave of absence without pay
will have his/her anniversary date extended by the same length of
time the employee was on leave without pay.
There will be no change in an employee's anniversary date in the
case of the reallocation of an employee's position to a new
classification title, when there have been no recent, abrupt and/or
significant changes in assigned tasks and responsibilities.
An employee reinstated to the same position or a position in the
same class following layoff from the City will have his/her
anniversary period extended by the same length of time as the
duration of the layoff.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 103
SECTION 50-6
SUBJECT: DEMOTIONS
PURPOSE: To establish a policy for demotions.
STATEMENT OF POLICY:
An employee reassigned to a position in a lower classification
regardless of the reason (disciplinary, in lieu of layoff, for
reasons of disability or incapacity, department reorganization,
etc.) will receive a cut in pay commensurate with the nature of the
demotion as determined by the department head in consultation with
the City Manager.
Demotions do not change the person's date of hire. However, the
anniversary date for future salary increases changes.
No employee shall be demoted to a position for which he or she does
not possess the minimum qualifications.
An employee being demoted shall be notified two weeks prior to
demotion except in emergency situations.
Any demotion to prevent layoffs may be revised when the employee's
previous position is reopened.
Persons demoted to new positions will be subject to the standard
probationary period for the new position, unless specifically
waived by the City Manager's Office.
Employees in position classifications which are downgraded (or
upgraded) in salary to reflect changes in market conditions will
retain their existing anniversary date for future step increases.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 104
SECTION 50-7
SUBJECT: POSITION DESCRIPTIONS
PURPOSE: To provide for position descriptions for all City
positions. - ----- -- -
STATEMENT OF POLICY:
Position descriptions and job specifications shall be maintained by
the Personnel Office for all regular full-time and regular
part-time positions.
The position descriptions shall include: Class Title, Grade
Number, Class Code, Department, Division, Effective Date, General
Purpose, Supervision Received, Supervision Exercised, Examples of
Duties, Minimum Qualifications, Special Requirements, Selection
Guidelines, and Approval Signatures.
The position description does not constitute an employment
agreement between the City and employee, and is subject to change
as the needs of the City and the requirements of the job change.
Examples of duties listed in the position description are intended
only as illustrations of the various types of work performed. The
omissions of specific statements of duties does not exclude them
from the position if the work is similarly related or a logical
assignment to the position.
Each employee's position description is maintained as part of
his/her personnel file. Additional copies of position descriptions
may be requested through the department head.
Updates or revisions to position descriptions will be handled in
accordance with the Administrative Policy on RECLASSIFICATION
PROCEDURE.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 105
SECTION 50-8
SUBJECT: PROMOTIONS
PURPOSE: To establish a policy for application and appointment to
vacant positions by current employees.
STATEMENT OF POLICY:
The City attempts to fill all vacant positions with qualified City
employees, following a policy of upward mobility whenever possible.
Employees are encouraged to apply for any vacancy for which they
may qualify in accordance with the Administrative Policy on HIRING
PROCESS.
Selection of an employee for a promotion (or lateral transfer) is
based on past work record, education, knowledge of the job duties,
as well as time in service.
When considering the promotion (or lateral transfer) of City
employees having the same or similar qualifications, the position
will be filled after considering the factors listed above.
In cases where only one employee applies for a position and the
person's abilities and qualifications are known to the hiring
department, the formal selection process may be dispensed with upon
concurrence of the Personnel Office.
No offer of promotion may be made to any employee prior to
completion of the recruitment and selection process. Temporary
assignments may be made by the department head for a specified time
or assignment as necessary. Such appointments are made on "acting"
basis and the employee returns to his or her regular position upon
completion of the assignment. The actual salary for "acting"
appointments is set by the department head in consultation with the
Personnel Office, pursuant to the Administrative Policy on WORKING
OUT -OF -CLASSIFICATION.
Unless otherwise provided by union contract, whenever an employee
is promoted to a higher position, or whenever an employee's
position is upgraded, said employee will enter the new
grade/position at the entry level of the new position. In the
event the entry level step of the new or upgraded position does not
provide a salary increase of 5% or more, the employee shall enter
at the next closest step which provides a salary increase of 50-8 or
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 106
more. The new pay rate, upon promotion, shall not exceed the
maximum of the new pay range.
Promotions do not change the person's date of hire. However, the
anniversary date for future pay increases will be revised to
coincide with the promotion date.
Persons so promoted will be subject to the standard probationary
period for the new position, unless specifically waived by the City
Manager. Those who fail the probationary period may re -assume any
prior appointment held prior to the promotion unless that position
has been filled.
Employees in position classifications which are upgraded (or
downgraded) in salary to reflect changes in market conditions will
retain their existing anniversary date for future step increases.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11. 2000
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 107
SECTION 50-9
SUBJECT: RECLASSIFICATION PROCEDURE
PURPOSE: To establish City policy and procedures for the request,
........................ _.
consideration, and approval of position reclassification.
STATEMENT OF POLICY:
Revision of position descriptions and re -allocations within the
classification plan shall be made as often as is necessary to
provide current information on positions and classes.
It shall be the duty of the Personnel Office to examine the nature
of all positions and to allocate them to existing or newly -created
classes, to make changes in the classification plan as are made
necessary by changes in the duties and responsibilities of existing
positions, and to periodically review the entire classification
plan and recommend appropriate changes in the allocations or in the
classification plan.
When a new position is requested by a department head or the duties
of an old position are substantially changed, the department head
shall submit a written recommendation to the Personnel Office
including justification for the reclassification, emphasizing
changes in position responsibilities or requirements for qualifica-
tions (i.e. experience, education, certifications, etc.).
The request will be reviewed by the Personnel Office. If the
request is justified, the budget impact will be determined, and an
Issues and Option paper prepared for review by the City Manager,
and subsequently the City Council. If approved, the Personnel
Office will take the necessary steps to effect the reclassifica-
tion. No reclassification involving an upgrade of salary not
requested and approved as part of the budget process will be
effected without Council approval.
If the City Manager's Office does not concur with the request, the
department head will be provided with reasons. The City Manager
shall be the final decision maker for all reclassification
requests.
If the requested action is for a downgrading of a position, and the
City Manager's Office concurs, the City Manager's Office shall
coordinate implementation steps.
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 108
Any employee who considers his/her position improperly classified
shall first submit a request in writing for reclassification to
his/her department head who shall review the request and transmit
it with written recommendation to the Personnel Office.
Regrade comes about as a result of reclassification, and due to an
overall increase/decrease in the responsibilities of a position,
resulting in an increase/decrease in the monetary compensation
(salary range) established for the position.
A job audit is an analysis of the critical elements of a position
against a predetermined formula for measuring the relative worth of
a position and placement in the CityyIs classification/pay schedule.
Periodically, the City will conduct job audits to assure job
classifications accurately reflect the current duties,
responsibilities, and skills required for the position, as the
workplace evolves.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11, 2000
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 109
SECTION 50-10
SUBJECT: TRANSFERS
PURPOSE: To establish a policy for lateral transfers by City
employees.
_ _ _
STATEMENT OF POLICY:
All openings for City positions will be posted for a minimum of
seven calendar days at each City facility.
Any current employee (regular part-time or regular full-time)
interested in applying for a transfer must file a completed City
application form with the Personnel Office in accordance with
instructions listed on the employment opportunities notice.
If the employee meets the stated requirements for the position
he/she may proceed through the regular hiring procedures with all
other applicants as described in the Administrative Policy on
HIRING PROCESS. Transfers are made only when the City's service
will benefit. Current City employment is one factor which may be
considered in determining who will be selected to fill open
positions.
The personnel file of the transfer applicant will be made available
to the department head responsible for filling the open position.
If the current employee is selected, his/her department head will
be advised prior to the offer being made to the employee.
If the employee accepts the position, it will be the responsibility
of the two department heads, along with the employee, to reach
agreement on a transfer date. In the event satisfactory agreement
cannot be reached on this matter, it will be forwarded to the City
Manager's Office for a decision. Every effort should be made to
accomplish the transfer within two weeks of the offer's acceptance.
The salary offered to the employee must be consistent with the
salary and requirements of the new position. Thus, an employee who
meets only the minimum requirements for the position will be
started at the bottom of the salary range regardless of the
employee's current salary. Employees who exceed the minimum
requirements for the position may be offered a salary consistent
with the employee's level of skills, experience, and knowledge.
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 110
Transfer employees will serve a probationary period in his/her new
position. Transfer employees remain eligible for all fringe
benefits included with the previous position.
If the position to which an employee transfers carries benefits
different from those of the previous position, the benefits of the
new position apply. Any exceptions must be stated in writing and
be authorized by the City Manager.
Transfers do not change a person's date of hire. However, the
anniversary date for future step increases will be revised to
coincide with the transfer date.
Transfers may also be initiated by the City in instances where the
City's best interests may be served.
Additional information is included in the Administrative Policies
on PROMOTIONS or DEMOTIONS.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11, 2000
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 ill
SECTION 50-11
SUBJECT: WORKING OUT OF CLASSIFICATION PAY
PURPOSE: To define and delineate circumstances when an employee
will receive compensation for the performance of "duties in a -higher -- - --
classification than he/she normally performs.
APPLICABILITY:
The provisions of this policy apply to all employees of the City
unless existing labor contracts specifically provide for a Working
Out of Classification procedure.
STATEMENT OF POLICY:
1. Compensation for working out of classification is provided as
monetary recognition to an employee for the assumption and
performance of duties normally performed by an employee of higher
classification.
2. The assumption and performance of the duties of the higher
classification must encompass the full range of responsibilities of
the higher classification. This shall not apply to temporary
assignments which are made pursuant to prior mutual agreement
between the employee and his or her immediate supervisor for the
purpose of providing a training opportunity to the employee for a
mutually agreed upon period of time, or for temporary absences of
the superior such as vacation leave or sick leave.
3. Except as provided in paragraph 2 above, the performance of
such duties must be for an extended period of time, wherein a need
exists to fulfill the duties and responsibilities of the vacant
position. An extended period of time is generally considered as an
assumption of duties and responsibilities that will last in excess
of two (2) work days.
4. Working out of classification compensation shall be allowed
only after written recommendation of the department head and
concurrence by the Personnel Officer. Recommendation and
designation shall be accomplished prior to the assumption of higher
classification responsibilities.
5. The employee's compensation will be increased to the starting
salary of the higher classification in which the employee is
substituting.
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 112
6. When the temporary assignment is completed, the employee's
salary will be readjusted to its previous level, including any
general salary adjustment occurring during the temporary
assignment. The employee's date of hire and anniversary date will
remain unchanged throughout the temporary assignment.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11, 2000
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 113
SECTION 50-12
SUBJECT: GARNISHMENT
PURPOSE: To provide a procedure for handling garnishment of an
employee's wages.
STATEMENT OF POLICY:
Any notice of garnishment will be received and signed for by the
Personnel Specialist. Garnishment is defined as a legal stoppage
of a specified sum from wages to satisfy a creditor.
PROCEDURE:
Notice of garnishment will be forwarded immediately to the
Personnel Specialist.
The Personnel Specialist will make the necessary deductions from
the employee's wages and a check for the garnished amount will be
written and forwarded to the creditor as directed.
The Personnel Specialist will notify the employee, in writing, that
the garnishment has been processed.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 114
SECTION 50-13
SUBJECT: PAY ADVANCES
PURPOSE: To establish a uniform policy for City employees
regarding pay advances.
STATEMENT OF POLICY:
An employee may sign up to have a payroll advance which is a
program available to those who prefer to get paid twice a month.
The draw checks are cash advances and are limited to half of the
employees regular pay. The draw checks are an employee deduction
on your regular check stub. No taxes are taken out of the draw
check. Draw checks are issued on the loth on the month. Employees
signing up for a draw do so on an annual basis.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
[Note: if biweekly pay periods are adopted, this should be
eliminated.]
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 115
SECTION 50-14
SUBJECT: PAY PERIODS
PURPOSE: To establish a uniform pay period schedule for City
employees.
STATEMENT OF POLICY:
It is the goal of the Finance Office that each employee receive
correct paychecks on a consistent schedule.
1. Payments shall be made as directed by the City Manager.
Although pay periods for individual departments may be different,
all employees shall be paid at least monthly for the preceding
month of employment.
TIME REPORTING PROCEDURE:
1. Employees are responsible for completing their time report
forms and giving them to their supervisors at the end of the pay
period. Employees should make sure that their time sheet is
correct before they sign it.
2. Supervisors are responsible for certifying that time reports
are correct by signing every time sheet.
3. a. Time report forms for employees paid on a monthly basis
are due in the Finance Office on the 20th of the month.
b. Time report forms for employees paid on a biweekly basis
are due in the Finance Office of the Monday following the
Sunday completing the work period for the respective
employees.
4. a. Paychecks for employees paid on a monthly basis are
issued on the 25th of the month. If the 25th falls on a
weekend, paychecks will be distributed on the Friday
preceding, by 4:00 p.m.
b. Paychecks for employees paid on a biweekly basis are
issued on the second Tuesday following the Monday when time
reports are due in the Finance Office.
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 116
SPECIAL PAYROLL CHECKS DUE TO ERRORS:
If an incorrect paycheck is issued because the supervisor or
employee failed to post time rolls correctly, a special paycheck
will not be processed. If an incorrect paycheck is issued because
the Finance Office made an error in entering time and the time __
sheet was correctly posted, a special paycheck will be processed as
soon as possible. All adjustments because of errors will be made
no later than the following pay period.
When an incorrect paycheck is issued (either overpayment or
underpayment), the supervisor should notify the Personnel
Specialist as soon as possible. The Finance Office requests that
persons other than the supervisor or the affected employee not call
to report incorrect payments.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11, 2000
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 117
SECTION 50-15
SUBJECT: PAYROLL DEDUCTIONS
PURPOSE: To define required and voluntary payroll deductions for
City employees. --__ -
STATEMENT OF POLICY:
The following deductions are required by law from each employee
paycheck:
1. Federal Income Tax withholding
2. State Income Tax withholding
3. Social Security/Medicare
4. Retirement contributions (eligible employees only)
5. 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 Government Employees Federal Credit Union
4. Deferred compensation
5. Union Dues and Association Dues
6. City Health
7. Capitol Insurance
8. Colonial Insurance
9. Christmas Club
With each paycheck, the City employee receives a statement of
deductions and earnings which itemizes the various deductions made,
as well as appropriate cumulative totals. A record of sick leave
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 118
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 50 119
SECTION 60-1
SUBJECT: VACATION LEAVE
PURPOSE: To outline the policy on vacation leave.
STATEMENT OF POLICY:
ELIGIBLE EMPLOYEES:
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)
Hours of work for above employees must be pre -scheduled to be
eligible to earn vacation leave credits.
CALCULATION OF VACATION LEAVE CREDITS:
Earned vacation leave credits are calculated as follows:
Years of
Days Earned
Days Earned
Hours Earned
Employment
Per Year
Per Month
Per Pay Period
1 day-10 years
15
1-1/4
10
llth yr-15 yrs
18
1-1/2
12
16th yr-20 yrs
21
1-3/4
14
Over 20 years
24
2-0/0
16
Employees begin earning leave credits the first day of employment
in a job which has pre -scheduled hours to work.
Vacation leave credits will be accrued at the rate of 1/12 of the
annual credit per month.
CREDIT FOR TIME WORKED WITH OTHER AGENCIES:
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 Montana, including the
Montana National Guard. Federal service is not creditable. A
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION
SECTION 60
120
letter from the employee's
worked must be submitted to
credit for prior time.
former agency, certifying the time
the Personnel Specialist to receive
The employee must have been eligible to earn leave at the former
agency in order to have the time counted.
QUALIFYING WORK PERIOD:
An employee must be continuously employed for the qualifying period
of 6 calendar months to be eligible to use vacation leave. Unless
there is a break in service, an employee is only required to serve
the qualifying period once. After a break in service, an employee
must again complete the qualifying period to be eligible to use
annual vacation leave. "Break in service" is a period of time in
excess of five (5) working days when the person is not employed by
the City of Kalispell.
VACATION LEAVE REQUESTS:
Employees must arrange the times for taking vacation leave in
advance with their supervisor. Where the interest of the City
requires the employee's attendance, the City's interest overrides
the employee's.
EFFECT OF EXTENDED LEAVE OF ABSENCE WITHOUT PAY ON QUALIFYING
PERIOD:
If an employee has not worked the qualifying period of 6 months and
takes an approved continuous leave of absence without pay exceeding
15 working days, the amount of time on leave of absence will not
count toward completion of the qualifying period. The leave of
absence exceeding 15 working days is not a break in service and the
employee will not lose any accrued annual leave credits or lose
credit for time earned toward the qualifying period. An approved
continuous leave of absence without pay of 15 working days or less
will be counted as time earned toward the 6 month qualifying
period.
MAXIMUM ACCRUAL OF VACATION LEAVE CREDITS:
Annual vacation leave may be accumulated to a total not to exceed
two times the maximum number of days earned annually as of the end
of the first pay period of the next calendar year. Excess vacation
time is not forfeited if taken within 90 calendar days from the
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION
SECTION 60
121
last day of the calendar year in which the excess was accrued.
M.C.A. § 2-18-617.
LUMP -SUM PAYMENT UPON TERMINATION:
An employee who is separated from the service of the City for
reason(s) not reflecting discredit on himself/herself shall be
entitled, upon the date of termination, to cash compensation for
unused vacation leave. Compensation will be based on the
employee's salary at the time of termination, assuming that the
employee has worked the qualifying period of six (6) months.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11, 2000
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION
SECTION 60
122
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 earned pro-rata)
3. Temporary Full -Time
4. Temporary Part -Time (hours earned pro-rata)
Hours of work for above employees must be pre -scheduled to be
eligible to earn sick leave credits.
CALCULATION OF SICK LEAVE CREDITS:
Regular full-time employees earn 12 working days each year of
service. Credits are pro -rated for part-time and temporary
employees.
Sick leave credits are earned at the end of each monthly pay
period. These sick leave credits may not be used until the start
of the next monthly pay period.
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.
QUALIFYING WORK PERIOD:
Sick leave credits accrue from the first day of employment in a
position which has pre -scheduled hours of work.
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) days.
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"Break in service" is defined as a period in excess of five (5)
working days when the employee is not employed by the City of
Kalispell.
EFFECT OF EXTENDED LEAVE OF ABSENCE ON QUALIFYING WORK PERIOD:
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 working days, the amount of time on leave of
absence will not count toward completion of the qualifying period.
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 qualifying
period. An approved continuous leave of absence without pay of 15
working days or less will be counted as time earned toward the 90-
day qualifying period.
SICK LEAVE REQUESTS:
1. 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.
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.
SICK LEAVE POOL AND GRANTS:
City employees may institute a sick leave pool program by which
employees may contribute accrued sick leave hours to a pool and
request that sick leave hours be provided from the pool, subject to
the following:
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1. Contributions to the sick leave pool by covered employees may
only be made, voluntarily and irrevocably, in eight (8) hour
increments, subject to a forty (40) hour per year maximum, and the
amounts so contributed shall be deducted from employee's accrued
sick leave carried by the City.
2. The Finance Department shall administer the granting of sick
leave benefits to covered employees from the pool, provided that no
covered employee shall receive more than two hundred forty (240)
hours of pool benefits in any twelve-month period.
3. A covered employee is not eligible to receive sick leave from
the pool unless and until he/she has exhausted all accrued sick
leave, vacation leave, other paid leave and compensatory time.
4. A covered employee is not eligible to receive sick leave from
the pool if that employee is on workers' compensation or is no
longer employed by the City as a result of resignation, retirement,
discharge or layoff.
ILLNESSES OF FAMILY MEMBERS AND CO-WORKERS:
Accrued sick leave days will be granted to an employee each
calendar year in the event a member of the employee's family
requires medical attention. Medical attention is defined as:
1. Medical examination or treatment
2. Hospitalization
3. Maternity
4. Dental care
5. Legal quarantine
6. Eye examinations
Sick leave up to three (3) days will be granted for an employee to
attend the funeral of a family member or co-worker.
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ABUSE OF SICK LEAVE:
1. Misrepresentation of the actual reason for charging an absence
to sick leave is cause for dismissal and forfeiture of the lump -sum
payment.
2. Chronic, persistent or patterned use of sick leave may be
subject to progressive discipline.
3. Absences improperly charged to sick leave may, at the City's
discretion, be charged to available compensatory time or leave
without pay. Annual leave may be used at the mutual agreement of
the employee and the supervisor.
4. Those instances of family illness or death which qualify the
employee for approved sick leave time will be discretionary to the
employee as long as the approving authority is reasonably satisfied
that the request is justifiable.
LUMP SUM ON TERMINATION:
1. When an employee terminates employment, the employee is
entitled to cash compensation for unused sick leave credits equal
to one-fourth (1/4) of the compensation the employee would have
received if the employee had used the credit, provided the employee
has worked the qualifying period.
2. The value of unused sick leave is computed based on the
employee's salary at the time of termination.
3. According to § 2-18-618(6), M.C.A., "accrual of sick leave
credits for calculating the lump -sum payments ... begins July 1,
1971".
4. Employees terminated for reason of abuse of sick leave forfeit
the right to lump -sum payment for any sick leave balance.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11, 2000
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SECTION 60-3
SUBJECT: HOLIDAYS AND HOLIDAY PAY
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.
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
Columbus Day, second Monday in October
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
State General Election Day (Even numbered years)
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.
2. An employee who is scheduled for a day off on a day which is
observed as a legal holiday shall be entitled to receive a day off
with pay either on the day preceding or on another day following
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the holiday in the same pay period or as soon as possible in the
following pay period.
3. To receive holiday pay, the employee must be in pay status on
the day before the holiday or on the day after the holiday, Section
2-18-603, M.C.A. On -call employees are not entitled to paid
holidays unless they work the holiday.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
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SECTION 60-4
SUBJECT: LEAVE OF ABSENCE WITHOUT PAY
PURPOSE:
1. To establish procedures by which an employee may request a
leave of absence from employment with the City.
2. To establish conditions under which approved requests for
leave of absence are administered.
STATEMENT OF POLICY:
Requests for 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.
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.
No sick leave, holiday, vacation benefits or any other fringe
benefits shall accrue while the employee is on leave of absence
without pay.
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.
Time on leave of absence is not allowed in computing service time
for retirement purposes under Public Employees' Retirement System.
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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.
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.
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.
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.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
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SECTION 60-5
SUBJECT: ABSENCE WITHOUT LEAVE
PURPOSE: To establish a policy of absences from work without
permission.
STATEMENT OF POLICY:
"Absence without leave" is defined as any period of time away from
an employee's job which is not approved by the employee's
supervisor or other appropriate authority.
Employees are required to notify their supervisors or other
appropriate department authority of the reason for absences as soon
as possible. Failure to follow this policy is grounds for
disciplinary action.
Extended absence without leave is considered to be abandonment of
position and an employee will be terminated. "Extended absence"
shall be defined as four (4) consecutive working days, for purposes
of this policy.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11, 2000
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SECTION 60-6
SUBJECT: MILITARY LEAVE
PURPOSE: To establish procedures for requesting and accounting for
leaves of absence by employees of the City for participation in
obligations with the United States Armed Forces.
STATEMENT OF POLICY:
1. Authority: The authority for this policy is derived from the
provisions of "Uniformed Services Employment and Reemployment
Rights Act (USERRA)," codified at 38 U.S.C. §§ 4301-4333 and the
administrative rules promulgated thereto; Section 10-1-604, M.C.A.;
and, Section 10-2-211 et seq., M.C.A.
2. Application: This policy applies to all City employees who
are affiliated with the United States Armed Forces, National Guard
or Coast Guard.
3. Employer's Responsibilities:
a. The City is obligated to release employees for service
with the Armed Forces when the employee participates in:
i. Annual Training (Summer Camp);
ii. Active Duty for Training (School)
iii. Inactive Duty Training Assemblies (Weekend drills);
iv. Extended leave of absence for voluntary active duty
service (Enlistment);
V. Involuntary call-up;
b. As limited by USERRA, military leave of absence by
eligible personnel shall result in no loss of seniority status
or benefits which would have normally accrued if the employee
had not been absent for such purposes.
c . The City is obligated to grant Military Leave with pay to
the employee for absences not exceeding fifteen (15) calendar
days per year in accordance with Section 10-1-6045, M.C.A.
The City will not require the employee to use normal annual
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Dy
leave (accrued vacation) for such purposes. The employee may,
however, request use of vacation, compensatory time, or leave
without pay to supplement absences exceeding those covered by
the fifteen day Military Leave allowance.
d. An employee who is called to or volunteers for service
with the Armed Forces of the United States or the Montana
National Guard is eligible for reinstatement in his/her
position upon completion of service, providing that the
employee meets the criteria set forth in USERRA or as provided
by Title 10, Chapter 2, Part 2, Montana Code Annotated.
e. The City will make a reasonable effort to adjust work
schedules and assignments to accommodate employees fulfilling
military obligations.
f . An employee promoted or hired to fill a vacancy created by
a person on military leave is appointed to the position
subject to the return of the absent employee. Upon such
return, a promoted employee is restored to his/her original
position or an equivalent position subject to the provisions
of § 10-2-221, M.C.A. A replacement employee is subject to
layoff if no other position is available.
Employee's Responsibilities:
a. The employee is responsible to provide to his/her
department head copies of all military orders which will
result in a leave of absence for active military duty. Orders
must specify the duties of absence, promulgation authority,
letter order number and signature of issuing authority.
Employees are required to notify their supervisors at the
earliest possible date upon learning of scheduled military
duty.
b. 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.
C. Inactive duty training dates (weekend drills) should be
provided to the department head as soon as available if the
dates conflict with scheduled employment with the City.
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d. Extended leave of absence (exceeding 15 calendar day
allowance) will be pursuant to the policy on LEAVE OF ABSENCE
WITHOUT PAY.
S. Accounting Procedures:
a. All military leaves will be processed via a "Request for
Leave Form" available from the Personnel Specialist.
b. Military Leave (15 calendar day's military leave
allowance) will be accounted for in increments of 24 hour
periods (from 0001 hours to 2400 hours).
C. It is the responsibility of the official verifying time
cards in each department to annotate the use of military leave
on the employee's monthly time card. Military leave will be
registered on the time card by use of the letters ML.
d. The Personnel Specialist is responsible for the creation
and maintenance of an annual Military Leave Register for each
affected employee to ensure accurate accountability of leave
expended.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11, 2000
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SECTION 60-7
SUBJECT: JURY DUTY
PURPOSE: To provide for the uniform administration of employees
serving on juries.
STATEMENT OF POLICY:
Employees will be allowed necessary time off without loss of pay
for jury duty or when summoned to appear or participate in any
court case or administrative hearing.
Fees paid to the employee for such appearances shall be turned in
to the City Personnel Office or the employee may take annual leave
and retain the fee. Employees may keep reimbursements for parking,
mileage and meals.
Employees must notify their supervisors and complete a Request for
Leave as far in advance as possible.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
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SECTION 60-8
SUBJECT: FAMILY AND MEDICAL LEAVE
PURPOSE: To establish a policy on extended family and medical
consistent with the Family and Medical Leave Act of 1993.
STATEMENT OF POLICY:
Effective August 5, 1993, federal law requires that employers allow
employees up to 12 weeks of unpaid leave per year upon the birth or
adoption of a child by the employee or the placement of a foster
child with the employee, or for serious illness of the employee or
of his/her spouse, child or parents. This policy is adopted in
conformance with that law. Leave taken pursuant to this Section
(60-8) shall hereinafter be referred to as FMLA leave.
ELIGIBILITY:
Employees who have been employed by the City for twelve months and
who have worked at least 1,250 hours in the year preceding FMLA
leave shall be entitled to 12 weeks of FMLA leave per year.
BIRTH/ADOPTION/FOSTER PLACEMENT LEAVES:
Upon the birth of a child to an eligible employee, or the placement
of an adopted or foster child with an eligible employee, that
employee is entitled to FMLA leave.
1. One -Year Limitation:
FMLA leave taken under this Section must be completed within one
year of the birth or placement of the child.
2. Unpaid/Vacation Leave:
Leave taken under this Section shall be unpaid leave unless such
leave qualifies under sick leave policy or the employee elects to
use accrued vacation leave for part or all of such leave.
3. Notice:
The employee shall give his/her department head thirty days notice
of his/her intent to take leave under this Section if the need for
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such leave is foreseeable; if the need is not foreseeable, the
employee shall give said notice as soon as practical.
MEDICAL LEAVE:
An eligible employee may take FMLA leave when the employee has a
serious health condition which makes the employee unable to perform
the essential functions of his/her position or to care for his/her
spouse, parent, or child who has a serious health condition.
1. Serious Health Condition:
A serious health condition is an injury, impairment, physical or
mental condition, or illness that:
a. requires inpatient care in a hospital, hospice or
residential medical care facility; OR,
b. requires continuing care by a health care provider; OR,
c . renders the employee unable to care for his/her own basic
hygienic or nutritional needs or safety; AND,
d. which requires: (i) the employee to be absent from work
on a recurring basis; or, (ii) requires the employee to be
absent for more than three days for treatment or recovery; or,
(iii) renders the parent or child unable to participate in
regular daily or school activities.
2. Sick/Vacation Leave:
FMLA medical leave which qualifies for sick leave under this
Section shall be paid sick leave to the extent that the employee
has accrued sick leave credits. When an employee has exhausted
accrued sick leave, FMLA medical leave shall be unpaid leave,
except that the employee may elect to use accrued vacation leave
for part or all of the unpaid leave.
3. Medical Certification:
An employee taking FMLA medical leave shall present a "Certifi-
cation of Physician or Practitioner" to his/her department head
prior to taking such leave or as soon as practical if prior
certification is not possible.
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a. The certification shall be filed on a form provided by
the Personnel Specialist.
b. Re -certification shall be filed on the same form by the
employee at the end of each 30 calendar days of the FMLA
medical leave if the leave is to continue thereafter.
C. The information required on the form provided by the
Personnel Specialist is the only information that may be
requested by the department head to support the leave request.
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 chiro-
practic, 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:
1. For purposes of FMLA leave, "year" means the City's fiscal
year, July 1 through June 30.
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2. Each eligible employee shall be entitled to 12 weeks of FMLA
leave for each fiscal year.
3. FMLA leave shall be recorded on time cards as it is taken. In
the event that FMLA leave is paid leave from accrued vacation or
sick leave, it shall be recorded as both by the Personnel
Specialist.
4. Use of sick leave which qualifies as FMLA leave under this
Section will also be treated as FMLA leave and deducted from the
employee's entitlement for the fiscal year in which such leave is
taken.
LENGTH OF MATERNITY LEAVE:
In approving a maternity leave of absence, the City shall not be
required to grant any maternity leave more than six (6) months in
duration or permit the employee to return to her employment prior
to the date designated in the approved maternity leave. The
employee shall be notified in writing of the City's determination
of the length of maternity leave granted, which shall be determined
giving due regard to the treating medical provider's recommendation
for leave time necessary to proper medical care of an ill or
disabled patient.
EXTENDED LEAVE OF ABSENCE:
With the approval of the City Manager, regular full-time and part-
time employees shall be entitled to take a leave of absence without
pay for up to twelve (12) weeks for the death of a spouse or child.
COIN,03 �
The City Manager may grant up to twelve (12) weeks leave without
pay to an employee for miscellaneous reasons including the
extension of an employee's vacation. This leave will be granted
only upon written recommendation of the department head and request
for such leave shall be made one month in advance. The department
head may grant up to five working days of leave without pay under
this Section.
EFFECTIVE: Immediately
LAST REVISED: May 11, 2000
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DATE: May 3, 1994
SECTION 70-1
SUBJECT: COLLISION INVESTIGATION INVOLVING CITY EMPLOYEES AND/OR
VEHICLES
PURPOSE: To establish policy guidelines for the investigation of
all accidents involving City vehicles or privately -owned vehicles
while the driver thereof is actively engaged in official City
business.
STATEMENT OF POLICY:
If while operating a City owned vehicle or a privately owned
vehicle in the performance of official duties, an employee is
involved in an accident resulting in personal injury or property
damage:
1. Request that all parties and properties concerned remain at
the scene of the accident if possible until a law enforcement
representative has released them.
2. All collisions involving City vehicles or persons on duty and
actively engaged in City business will be investigated by a law
enforcement agency.
a. If occurring outside the City, the collision will be
investigated by a law enforcement agency having jurisdiction.
b. If occurring within the City and involving property
damage or a minor (non -hospitalizing) injury, the collision
will be investigated by the City Police Department.
c . If occurring within the City and the collision results in
a fatality or injury requiring immediate hospitalization of
any party, the accident will be investigated by an outside
authority. Selection of an outside authority will be handled
by the City Police Department at the scene.
3. Employee responsibility is to refrain from making statements
regarding the accident to anyone other than the investigating law
enforcement representative, appropriate City officials, and
representatives of his or her own insurance company if the
employee's privately owned vehicle is involved. Statements made to
investigating authorities should be confined to factual
observations.
EMPLOYEE HANDBOOK
RISK SECTION 70 140
4. A copy of all police reports and any statements attached
thereto will be forwarded to the Risk Manager within one day. The
Risk Manager will report such accidents to the Employees Safety and
Health Committee.
If an employee is injured, procedures should be followed as out-
lined in Administrative Policy regarding ON-THE-JOB INJURY OR
ILLNESS.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
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RISK SECTION 70 141
SECTION 70-2
SUBJECT: ACCIDENTS INVOLVING DEFECTIVE EQUIPMENT
PURPOSE: To establish procedures for accidents involving
potentially defective equipment.
STATEMENT OF POLICY:
When an accident happens where defective equipment is a
possibility, the following action should be taken:
1. Attend to any injuries of employees or others.
2. Turn equipment in question over to the employee's supervisor,
who shall consult with the Risk Manager.
3. Write a detailed report, within one day, to include all
circumstances surrounding the incident and all manufacturing
information available concerning the equipment in question. This
report should be submitted to the department head. The department
head will report such accidents to the Employee Safety and Health
Committee.
4. When an employee is injured, procedures should be followed as
outlined in the Policy entitled ON-THE-JOB INJURY OR ILLNESS.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
RISK SECTION 70 142
SECTION 70-3
SUBJECT: EMPLOYEE ACTIONS AT ACCIDENT SCENES
PURPOSE: To establish policy guidelines for employees traveling in
City -owned vehicles for rendering assistance at accident scenes.
STATEMENT OF POLICY:
1. It is the responsibility of City employees, while traveling in
City vehicles to stop at accident scenes and render whatever
assistance that is within their capability if it is safe to do so.
It is not the intention of this policy to impose strict procedures
in governing the actions of employees at accident scenes. It is
realized that each employee must use his or her own judgment in
determining if assistance is needed and what assistance he/she is
capable of providing.
2. As a minimum, the employee should ensure that police and fire
personnel have been notified (if necessary). If injuries have
occurred, and the employee is capable and qualified, first aid may
be rendered to the victim.
3. The employee should
emergency vehicles arrive
personnel as needed.
remain at the accident scene until
and offer assistance to police and fire
4. The employee should remain polite and helpful in all
circumstances and never speculate on cause, effect or blame
involved in the accident.
5. An incident report will be completed by the employee within 24
hours describing the details of the accident and filed with the
department head.
EFFECTIVE: Immediately
LAST REVISED:
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143
DATE: May 3, 1994
SECTION 70-4
SUBJECT: DRIVER'S LICENSES
PURPOSE: To establish a policy for the requirement of a valid
Montana State Driver's License by employees whose jobs routinely
involve driving City vehicles.
STATEMENT OF POLICY:
Any employee whose work requires that he/she drive City vehicles
must hold a valid Montana State Driver's License.
All new employees who will be assigned work entailing the operating
of a City vehicle will be required to submit to a Department of
Motor Vehicles driving records check as a condition of employment.
Such checks shall be processed by the Personnel Specialist. A
report indicating a suspended or revoked license status may be
cause to deny or terminate employment.
Periodic checks of employees' driver's licenses through visual and
formal Department of Motor Vehicles review checks shall be made by
department heads or division supervisors. Any employee who does
not hold a valid driver's license will not be allowed to operate a
City vehicle until such time as he/she obtains a valid license.
Any employee performing work which requires the operation of a City
vehicle must notify his/her immediate supervisor in those cases
where his/her license is expired, suspended or revoked and/or who
is unable to obtain an occupational permit from the State Drivers'
Improvement Bureau. If an employee fails to report such an
instance, he/she is subject to disciplinary action, including
demotion or termination. An employee who fails to immediately
report such revocation or suspension to his/her supervisor and
continues to operate a City vehicle shall be subject to possible
termination.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
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RISK SECTION 70 144
SECTION 70-5
SUBJECT: EMERGENCY CONDITIONS
PURPOSE: To establish a policy for reporting to work in the event
of emergency conditions.
STATEMENT OF POLICY:
City offices and activities shall remain open and in operation
during established working hours. All employees should make every
attempt to report for work on a timely basis. If employees are
unable to report to work, the following criteria shall apply:
1. The employee is responsible for contacting his/her supervisor
or department head by telephone to indicate anticipated absence
from work or late arrival to work and the reason.
2. If an employee is unable to report to work, the absence may be
charged as vacation or personal leave, or the employee may elect to
take this time off without pay.
Such leave cannot be used to offset absence from work for pay
purposes for other than sickness.
The City Manager shall be authorized to close City offices to
protect the safety and welfare of City employees. In this event
employees will be required to take sick leave or vacation time in
order to receive pay for time missed due to the closure.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
RISK SECTION 70 145
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 Assistant 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.
EMPLOYEE HANDBOOK
RISK SECTION 70 146
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.
b. Employees who wish to appeal a decision of a chargeable
accident may do so through the City's Grievance Process
(Section 40-10) .
C. The Safety Committee will review accident reports for the
purpose of determining unsafe work practices or patterns and
will not serve as a grievance board.
MEETINGS:
Meetings will be scheduled quarterly for the purpose of reviewing
accidents and acting on any problems or safety concerns.
Department heads or supervisors may request special meetings for
the purpose of determining corrective action of safety problems or
for any other safety -related subject.
Special meetings may be held to investigate and review serious
accidents when necessary.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11, 2000
EMPLOYEE HANDBOOK
RISK SECTION 70 147
SECTION 70-7
SUBJECT: FLAGGING CERTIFICATION
PURPOSE: To establish policy and procedures for flagging certifi-
cation.
STATEMENT OF POLICY:
All employees who, as part of their job, may be required to act as
flagger must complete a state -approved flagging course or the
equivalent prior to being assigned as a flagger.
Flaggers must wear protective garments while flagging.
Supervisors will determine which of their employees require this
course and will schedule employees to attend appropriate training.
EFFECTIVE: Immediately
LAST REVISED:
EMPLOYEE HANDBOOK
RISK SECTION 70 148
DATE: May 3, 1994
SECTION 70-8
SUBJECT: INSURANCE CLAIMS
PURPOSE: To establish procedures for the handling of insurance
claims against the City.
STATEMENT OF POLICY:
1. No employee will discuss with anyone any matters involving
claims against the City.
2. All questions pertaining to claims shall be referred to the
Personnel Specialist/Risk Manager.
3. Claims for damages presented to the City shall be referred to
the Personnel Specialist/Risk Manager for filing.
RESPONSIBILITIES:
1. All City employees must notify their supervisor in the case of
incidents involving potential claims immediately. The supervisor
must report, orally and in writing, to the Personnel Specialist/
Risk Manager within one (1) day. Items reported should include any
property damage occurring during work for the City, no matter how
small.
2. The Personnel Specialist/Risk Manager is responsible for
receiving all damage claims against the City and referring them to
the City Manager.
3. The Risk Manager shall:
a. Refer claim to carrier within 5 working days and provide
an informational report to the City Manager on claim status.
b. Recommend action to the City Manager within thirty days
of receipt regarding claims which fall below deductible limits
of existing policies or which are not covered under existing
policies.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11, 2000
EMPLOYEE HANDBOOK
RISK SECTION 70 149
SECTION 70-9
SUBJECT: MINIMUM QUALIFICATION FOR THE OPERATION OF CITY -OWNED
MOTOR VEHICLES AND PRIVATELY -OWNED VEHICLES WHILE
CONDUCTING OFFICIAL BUSINESS
PURPOSE: To ensure an acceptable standard of proficiency and
safety is met by each employee who operates City -owned motor
vehicles.
STATEMENT OF POLICY:
1. Employees are required to use City vehicles instead of their
own for official City business whenever possible.
2. Personal vehicles may be used for official City business with
the prior approval of the employee's department head. Employees
using their personal vehicles will be reimbursed at the prevailing
rate established by the City Council after submission of the
appropriate form to the Finance Department. No City employee shall
be required to provide his/her own vehicle for conducting City
business.
3. All employees whose duties require the operation of a
City -owned motor vehicle or who operate a privately -owned vehicle
while conducting official business as a part of their employment
with the City, must possess a valid State Driver's License and a
safe driving record.
4. Prior to acceptance for employment with the City in a position
that would necessitate the operation of a motor vehicle in the
course of performing the assigned duties of that position, an
employee's motor vehicle operators record may be requested from the
Driver Improvement Bureau by the Personnel Office. If a Driver
Improvement Bureau review indicates three or more moving violations
within three years of the date of review, the employee may be
denied authorization to operate a vehicle while representing the
City. If the employment is dependent upon the ability to operate
a vehicle, the prospective employee may be denied employment.
a. Employees operating City -owned motor vehicles or
privately -owned vehicles while conducting official business
shall observe all traffic laws, rules and regulations, and the
dictates of common sense and good judgment.
b. If during the course of employment an employee exhibits
a disregard for acceptable safe driving procedures, the
EMPLOYEE HANDBOOK
RISK SECTION 70 150
responsible department head may deny further authorization to
operate a vehicle while representing the City.
5. Any employee who operates a privately -owned vehicle while
conducting official business for the City must maintain automobile
liability insurance with minimum insurance coverage of not less
than $25,000/$50,000/$10,000 in accordance with the Motor Vehicle
Safety Responsibility Act (§§ 61-6-101 et seq., M.C.A.). Employees
who do not maintain minimum liability coverage will not operate
privately -owned vehicles in an official capacity.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 11, 2000
EMPLOYEE HANDBOOK
RISK SECTION 70 151
SECTION 70-10
SUBJECT: USE OF CITY -OWNED MOTOR VEHICLES
PURPOSE: To establish guidelines for the use of City -owned motor
vehicles.
STATEMENT OF POLICY:
1. City -owned motor vehicles shall be used for official City
business only.
2. City vehicles shall not be taken home overnight except as
follows:
a. Employees may take a City -owned vehicle home for one
night when attendance to an out -of -city meeting takes place
late at night after normal working hours or early in the
morning prior to normal working hours.
b. Those employees designated by the department head to be
"on 24-hour call" for department/division emergencies.
C. For more than one night when specifically authorized by
the City Manager.
3. Approval for paragraph 2.a. above may be granted verbally by
the employee's Department Head.
4. Approval for paragraph 2.b. above must be requested in writing
to the City Manager and concurrence obtained in writing from the
City Manager.
5. City vehicles must be available for City business at all
times.
6. City vehicles may be used for travel to lunch:
a. When an employee is on City business;
b. When an employee is in town in a City vehicle in a
location where driving to obtain his/her personal car would
result in an extra and unnecessary expenditure of fuel.
7. Transporting family members in City vehicles shall be allowed
only when the family member is accompanying a City employee to a
business meeting or official function.
EMPLOYEE HANDBOOK
RISK SECTION 70 152
8. City vehicles shall be legally and appropriately operated
and/or parked at all times. Violations issued to the driver of the
vehicle will be the responsibility of the driver, not the City.
9. Seat belts will be used by the driver and all passengers at
all times when the vehicle is in motion. It shall be the driver's
responsibility to ensure use of seat belts by all passengers.
10. Department heads may establish supplemental department vehicle
policies.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
RISK SECTION 70 153
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. Follow-up treatment may
be referred to the employee's private physician.
The employee must complete a Department of Labor and Industries
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 70 154
SECTION 70-12
SUBJECT: SAFETY AND ACCIDENT PREVENTION
PURPOSE: To establish guidelines and lines of responsibility for
maintaining a safe and healthy work environment.
STATEMENT OF POLICY:
The City recognizes the need for the development of safe working
practices for every employee and desires to promote on-the-job
safety by encouraging the proper design and use of buildings,
equipment, tools, and other devices.
Administration of the safety program should be the job of the
supervisors. They should be constantly on the alert to observe and
report unsafe working practices or existing hazardous working
conditions with the aim of immediate correction. Each department
head or supervisor shall make sure that the employee under his/her
supervision is well-acquainted with existing safety rules and shall
see that the rules are uniformly enforced. Safety education of all
employees shall be promoted by supervisors adhering to all safety
rules.
It is the responsibility of all employees to cooperate in making
the safety program work. Employees must:
1. Be informed of and observe established safe practices.
2. Notify supervisors of any unsafe conditions they discover.
3. Use personal protective equipment such as steel toed shoes,
safety vests, safety glasses, and hard hats where required.
4. Not remove guards or other protective devices from machinery
and equipment.
5. Not engage in "horseplay."
6. Attend any required training or orientation to increase safety
awareness.
7. Not report to work under the influence of alcohol or drugs
that alter normal behavior or ability to function safely.
8. Report all job -related injuries or illnesses to their
supervisors promptly.
EMPLOYEE HANDBOOK
RISK SECTION 70 155
9. Assist supervisors in their investigation of any accident of
which they have knowledge; accident investigation is fact finding,
not fault finding.
10. Refrain from smoking in "no smoking" areas.
11. Refrain from operating, modifying, adjusting or using
equipment in an unauthorized manner.
The Employees' Safety and Health Committee meets quarterly to
review accidents that have occurred, discuss recommendations for
improved safety and formulate safety rules and procedures
Safety bulletin boards will be provided for the display of safety
meeting minutes, safety posters and other safety education
material. A safety bulletin board will be maintained at each City
facility.
Employees are encouraged to provide safety material for the safety
bulletin board and safety meetings.
Safety complaint/suggestion forms are available from the members of
the Safety and Health Committee.
If medical care is requested by a citizen or person visiting a City
facility, Emergency Services should be called at 911. All
incidents should be reported via the Incident Report and filed with
the Personnel Specialist as soon as possible.
The City maintains Worker's Compensation Insurance to cover work -
related accidents/illnesses incurred by City employees when on
duty. Liability insurance is carried to cover accidents to
citizens and visitors if there is negligence by staff or the City.
EFFECTIVE: Immediately
LAST REVISED:
EMPLOYEE HANDBOOK
RISK SECTION 70 156
DATE: May 3, 1994
SECTION 70-13
SUBJECT: SAFETY EQUIPMENT
PURPOSE: To establish a policy that requires employees to always
use personal protective equipment when performing certain hazardous
tasks or when in an unsafe environment.
STATEMENT OF POLICY:
Hard Hats: It is the policy of the City to require employees to
wear hard hats at all times when in the field around construction
and maintenance projects. As a minimum, however, hard hats shall
be worn as follows:
1. During the operation of all equipment, including backhoe,
loader and mower, street sweeper and ladder truck. When a ladder
is being used, the ground person must wear a hard hat.
2. When working below ground level, such as in lift stations,
ditches, etc.
3. When conditions warrant and/or when ordered to do so by a
supervisor.
4. when working in a traveled right-of-way.
5. When inspecting construction sites.
Steel -toed Shoes: (or toe protectors) Shall be used when using a
jackhammer.
Safety Harness: Shall be used when an employee enters a large
clean out, storm manhole, sewer manhole, wet well, catch basin or
large pipe.
Safety Vest: Shall be worn when an employee is in flagging
position and/or when working in a traveled right-of-way.
Safety Catch: Shall be used anytime an employee has to work under
or adjacent to the gate of a raised dump truck bed.
Safety Glasses: Shall be worn when grinding, chipping, using air
tools, driving backhoe or under conditions which warrant the
supervisor to require safety glasses being worn.
EMPLOYEE HANDBOOK
RISK SECTION 70 157
All possible precautions must be taken by employees to avoid
exposure to injury or illness to themselves or others.
Supervisors are responsible to ensure compliance with the
provisions of this policy by all members of their crews, division,
or department.
Failure to comply with mandatory requirements for wearing safety
apparel and/or using safety equipment will result in disciplinary
action, including termination for repetitive or gross violations.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
RISK SECTION 70 158
SECTION 70-14
SUBJECT: SAFETY BULLETIN BOARDS
PURPOSE-: To provide employees with a centralized location for
posting of safety -related information.
STATEMENT OF POLICY:
The following considerations should be made for bulletin boards:
1. Place in a spot were there is greatest employee exposure
(lunchroom, break room, central part of the plant, near time clock,
etc.) .
2. Postings should be attractively arranged.
3. Posters, Safety and Health Committee minutes and other
information that becomes dated or worn should be changed
periodically.
4. Specific safety bulletin boards or portions of existing boards
should be designated and that spot reserved EXCLUSIVELY for safety
material.
5. The Safety and Health Committee Chairperson is designated to
maintain the bulletin board as recommended above.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
RISK SECTION 70 159
SECTION 70-15
SUBJECT: OCCUPATIONAL INJURY AND ILLNESS RECORD KEEPING
PURPOSE: To comply with Title 39, Chapter 71 Montana Code
Annotated for recording occupational injuries and illnesses.
STATEMENT OF POLICY:
In accordance with applicable requirements of the Title 39, Chapter
71 Montana Code Annotated, each separate City facility will ensure
the appropriate records are kept as follows:
1. Maintain a Log and Summary of Occupational Injuries and
Illness on OSHA Form 200. Recordable cases include:
a. Every occupational death
b. Every occupational illness
C. Every occupational injury that involves:
i. Unconsciousness
ii. Inability to perform all phases of the regular job
iii. Inability to work full time on a regular job
iv. Temporary assignments to another job
V. Medical treatment OTHER than first aid
2. Keep copies of all reports generated when an employee is
injured on the job.
3. During the month of February, post the completed Summary
portion of the OSHA 200 Form for the previous year.
4. Maintain records for five years following the calendar year to
which they relate.
S. Enter each recordable injury and illness on the log as early
as practicable, but no later than six working days after receiving
the information that a recordable case has occurred.
6. In addition to the OSHA 200, a supplementary record for each
occupational injury or illness (OSHA 101) will be maintained.
EMPLOYEE HANDBOOK
RISK SECTION 70 160
Other reports, such as worker compensation forms, are acceptable
alternatives for the OSHA 101 if they contain the information
required by the OSHA 101.
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
e. Park Facilities - Recreation Director
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
RISK SECTION 70 161
SECTION 70-16
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.
i. Copy to Personnel Specialist
ii. Copy to department head files
EMPLOYEE HANDBOOK
RISK SECTION 70 162
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.
ii. In the case of a fatality or if two or more
employees are hospitalized, the supervisor will report
the accident to the nearest office of the Montana
Department of Labor and Industries. The report shall
relate the circumstances, the number of fatalities, and
the extent of any injuries.
c. NEAR -MISSES - (Likelihood of personal injury or property
damage) To the greatest extent possible, all "near -miss"
accidents shall be investigated by the Safety and Health
Committee.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
RISK SECTION 70 163
Appendix "A"
CITY OF KALISPELL SAFETY ORIENTATION FORM
POSITION: DATE HIRED:
Check One: New Employee Transfer Rehire Part-time
Circle Completed Items:
1. Purpose of orientation
2. Reporting accidents to supervisor immediately
3. Tour of facilities and equipment
4. First Aid
a. Obtaining treatment
b. Location of facilities
C. Location and names of first aiders
5. Potential hazards on the job
a. What they are
b. How to use equipment safely
C. Care and use of personal protective equipment
6. What to do in event of emergencies
a. Exit locations and evacuation routes
b. Use of fire fighting equipment (extinguisher, hose)
C. Specific procedures (medical, chemical, fire, etc.)
7. The total safety program
a. Introduction of Safety Health and Safety Committee
functions
EMPLOYEE HANDBOOK
RISK SECTION 70 164
b. Introduce to Safety Committee representative
C. Health and Safety policies and procedures
8. Personal work habits
a. Proper lifting techniques
b. Horseplay, good housekeeping, no smoking policy
C. Safe work procedure
d. Proper use of fitness equipment
9. Vehicle safety
We have discussed the items checked above. I will consciously try
to perform my assigned duties safely.
Supervisor's Signature
Date
Employee's Signature Date
EMPLOYEE HANDBOOK
RISK SECTION 70 165
Appendix "B"
CITY OF KALISPELL EMPLOYEE SAFETY RESPONSIBILITIES
As an employee of the City of Kalispell, I am responsible to:
1. Observe all City safety and health rules and apply the
principles of accident prevention in my day-to-day duties.
2. Report any job -related injury, illness or property damage to
my supervisor and seek treatment promptly.
3. Report hazardous conditions (unsafe equipment, floors,
material) and unsafe acts to my supervisor or safety committee
representative promptly.
4. Observe all hazard, warning, and no smoking signs.
5. Keep aisles, walkways and working areas clear of
slipping/tripping hazards.
6. Know the location of fire/safety exits and evacuation
procedures.
7. Keep all emergency equipment such as fire extinguisher, fire
alarms, fire hoses, exit doors, and stairways clear of obstacles.
8. Not report to work under the influence of alcoholic beverages
or drugs nor to consume them while on City premises or during
working hours.
9. Refrain from fighting, horseplay, or distracting my fellow
workers.
10. Remain in my own work area unless I am authorized otherwise.
11. Observe safe operating procedures for all equipment I am
authorized to operate.
12. Follow proper lifting procedures at all times.
13. Ride as a passenger on a vehicle only if it is equipped with
a rider's seat.
14. Be alert to see that all guards and other protective devices
are in their proper places prior to operating equipment.
EMPLOYEE HANDBOOK
RISK SECTION 70 166
15. Not wear frayed, torn or loose clothing, jewelry, or long
unrestrained hair near moving machinery or other sources of
entanglement, or around electrical equipment.
16. Actively support and participate in the City's efforts to
provide a safety and health program.
DISTRIBUTED TO:
DATE:
BY:
I HEREBY ACKNOWLEDGE THAT I HAVE RECEIVED A COPY OF THE EMPLOYEE
SAFETY RESPONSIBILITIES FORM, AND THAT MY RESPONSIBILITIES WERE
EXPLAINED TO ME.
Employee
EMPLOYEE HANDBOOK
RISK SECTION 70 167
Date
SECTION 70-17
SUBJECT: FIRST AID TRAINING AND FIRST AID KITS
PURPOSE: To make employees aware of first aid and safety.
STATEMENT OF POLICY:
1. 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 70 168
SECTION 80-1
SUBJECT: TRAVEL EXPENSES WHILE ON CITY BUSINESS
PURPOSE: To establish policy guidelines on City reimbursement for
expenses while on City business.
STATEMENT OF POLICY:
It is the policy of the City to reimburse employees for reasonable
and necessary expenditures made by employees while on official City
business.
APPROVAL FOR TRAVEL:
Employees traveling on City business must have approval by the
department head and City Manager prior to leaving.
PAYMENT FOR TRAVEL EXPENSES:
Claims for reimbursement for travel expenses will be recorded on
Travel Expense Vouchers available in the Finance Office. Expenses
incurred by the employee will be reimbursed upon approval of the
Travel Expense Voucher at the time council approves all claims.
As a minimum, lodging and miscellaneous expense receipts are
required to be attached to the voucher before reimbursement will be
paid. Receipts for meals are not required.
REIMBURSABLE EXPENSES:
1. One -day travel expenses
a. Travel and return the same day: Mileage (at I.R.S.
allowed rate) if personal vehicle is used. Expense for lunch
and dinner if employee is away from official station beyond
regular working shift.
b. Use of personal vehicle because of personal preference
(i.e., city vehicle otherwise available): Reimbursement will
not be made for mileage, but a City gas card may be used for
fuel.
2. Multiple -day travel expenses
a. Mileage (at I.R.S. allowed rate), meals, actual lodging
costs subject to the City Manager's approval (for employee
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 169
only), air fare, tips and taxi or other transportation. Any
miscellaneous expense related to work or business travel.
b. Use of personal vehicle because of personal preference
(i.e., city vehicle available): Reimbursement will not be made
for mileage, but a City gas card may be used for fuel.
3. Registration or tuition fees
4. Long distance phone calls related to City business while in
travel status (limited to one reasonable length call home when away
overnight).
5. Hotel accommodations shall be reasonable and shall be
reimbursed at actual and necessary costs. Accommodations should be
near the location of the conference or business meeting. According
to state law, Section 2-18-501(5), M.C.A., when other than
commercial, nonreceiptable lodging facilities are utilized, the
amount of $12 per day will be authorized. No receipt will be
required.
GUIDELINES FOR RATES ALLOWED BY THE CITY:
1. Meals
a. In -State Travel
A per diem rate not to exceed the amount allowed pursuant to
Section 2-18-501(1), M.C.A.
If meals are included in tuition or registration fees,
reimbursement will be reduced according meal allowance
schedule set forth in Section 2-18-501(1), M.C.A. Claims for
meals when employees are in travel status for fractions of
days will be made in accordance with Section 2-18-501(1),
M.C.A. for individual meals.
b. Out -of -State Travel
A per diem rate not to exceed $32.00 per day will be allowed
for meals for employees who travel on City business outside
the State of Montana. This includes an allowance of 15% for
gratuity.
If meals are included in tuition or registration fees,
reimbursement will be reduced according to the following
guidelines. Claims for meals when employees are in travel
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 170
status for fractions of days will be made in accordance with
the following guidelines for individual meals.
GUIDELINES FOR MEALS (OUT -OF STATE):
Breakfast $ 8.00
Lunch 8.00
Dinner 16.00
NON -ALLOWABLE EXPENSES:
1. Laundry, cleaning, or valet services (except on trips of over
one week duration).
2. Tobacco.
3. Alcoholic beverages.
4. Entertainment.
S. Personal telephone calls to home (limited to one reasonable
length call home when away overnight).
6. First class travel accommodations when economy or coach class
are available.
7. Meals and lodging in lieu of other meals and/or lodging the
expense of which is included in the registration fee.
8. Fines, forfeitures or penalties.
9. Rental vehicles except as pre -approved by the City Manager.
10. Expenses of a spouse or other non -employee.
11. Loss or damage to personal property.
12. Barber, beauty parlor, shoe shine or toiletries.
13. Personal postage.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 12, 2000
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 171
SECTION 80-2
SUBJECT: SPECIAL LICENSES AND MEMBERSHIP FEES
PURPOSE: To establish guidelines for the request and approval of
special licenses and membership fees.
STATEMENT OF POLICY:
The City will pay an annual lump sum payment equal to the current
annual dues on fees to each employee who is required by ordinance,
or state or federal law to be a member of a professional organi-
zation or who must maintain current a particular certification or
license as a condition of employment. Payment will be made upon
approval by the employee's department head.
Employees who belong to professional organizations that promote
individual professional growth, competence and effectiveness in
functioning as City employees will be allowed time off with pay to
attend local, state and national meetings subject to approval by
the City Manager and budgetary limitations. Collective bargaining
units that negotiate for City employees are excluded from coverage
under this policy.
Membership in outside organizations shall be in the name of the
City, if possible.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 172
SECTION 80-3
SUBJECT: LAWSUITS AGAINST THE CITY
STATEMENT OF POLICY:
The Mayor, City Manager, or Finance Director are the only autho-
rized employees to accept any legal process served against the
City. If an employee is approached by a process server, the
employee should direct the server to the Finance Director without
signing anything.
An employee should not discuss any aspect of a situation that is
subject to a lawsuit or hearing without first consulting with the
City Attorney or Assistant City Attorney and the affected
employee's supervisor.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 12, 2000
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 173
SECTION 80-4
SUBJECT: TRAINING PROGRAMS, INCLUDING SEMINARS OR CONVENTIONS
PURPOSE: To promote and facilitate training and career education
which meets the dynamic needs of the City.
DEFINITIONS:
As addressed by this policy, training is defined as any work -
related program, seminar, conference, convention, course or
workshop attended by an employee whose tuition and expenses are
funded in whole or in part by the City or while the employee is in
a paid status with the City.
STATEMENT OF POLICY:
1. It is the policy of the City to encourage and coordinate
training opportunities for employees and supervisors in order that
services rendered to the City will be more efficient and effective.
2. Employees are encouraged to continue their formal education
through participation in off-duty/non-working hours educational
programs. Reimbursement for educational expenses incurred by such
participation may be granted for job -related courses with prior
approval of the City Manager, provided funds have been budgeted for
such training.
a. Any reimbursement shall only be after successful
completion of the course/program. Successful completion shall
be defined as receipt of a certificate of satisfactory
completion or a grade of C (2.0 grade point) or better in the
case of academically rated courses (or attainment of pass in
a pass/fail grading system.) Tuition reimbursement is for the
course only; no reimbursement will be allowed for books, lab
fees, travel expenses or material costs. Approval for tuition
reimbursement shall only be allowed for courses offered by
accredited colleges, universities or vocational training
institutes.
b. Request for reimbursement must be made within 30 days
following the completion of the course of study. Training
reimbursement is generally available to only those employees
who have successfully completed the employee's designated
probation period.
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 174
C. Consideration of employee requests for tuition
reimbursement is dependent upon budgetary constraints and the
recommendation of that employee's Department Head. Time spent
in attendance at these courses shall be considered the
employee's personal time and is not counted as time worked.
3. It is the policy of the City to maximize comprehension,
retention and transference of training provided by the City.
4. This policy is subject to and limited by the conditions of an
affected employee's labor contract.
PROCEDURES:
1. Attendance at training programs will be approved at the
Department Head level, except as follows:
a. Attendance at a training program involving out-of-state
travel by an employee requires approval by the City Manager
prior to registration.
b. Attendance at any program or course work in excess of 1
shift and/or $200 (in registration, travel, meals and lodging
cost) requires approval by the City Manager prior to
registration.
2. All outside training and conference attendance shall be
processed through the Training Attendance Request Form and
processed as instructed thereon. (sample attached)
3. Any dispute regarding eligibility or the level of
reimbursement may be appealed to the Personnel Specialist for
resolution.
4. City -sponsored and required training shall generally be
arranged during regularly scheduled work hours. A Department Head
may change the standard work hours to accommodate or require
attendance at such training activities. Such required training
shall be recorded as time worked within the meaning of this policy.
5. Employees who acquire training on their own time and expense
are encouraged to notify the Personnel Specialist so the
information can be noted in the employee's personnel file.
6. Approval for State Training Academy course work for uniformed
police officers and firefighters shall be at the discretion of the
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 175
appropriate department head. Records of such training shall be
maintained in the employee's personnel file.
7. The Personnel Specialist shall maintain an employee training
history, and shall periodically audit training attendance and
policy compliance.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: April 27, 1995
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 176
Appendix "A"
CITY OF KALISPELL SAFETY ORIENTATION FORM
EMPLOYEES NAME
POSITION: DATE HIRED:
Check One: New Employee Transfer Rehire Part-time
Circle Completed Items:
1. Purpose of orientation
2. Reporting accidents to supervisor immediately
3. Tour of facilities and equipment
4. First Aid
a. Obtaining treatment
b. Location of facilities
C. Location and names of first aiders
5. Potential hazards on the job
a What they are
b. How to use equipment safely
C. Care and use of personal protective equipment
6. What to do in event of emergencies
a. Exit locations and evacuation routes
b. Use of fire fighting equipment (extinguisher, hose)
C. Specific procedures (medical, chemical, fire, etc.)
7. The total safety program
a. Introduction of Safety Health and Safety Committee
functions
b. Introduce to Safety Committee representative
C. Health and Safety policies and procedures
EMPLOYEE HANDBOOK
RISK SECTION 70 25
8. Personal work habits
a. Proper lifting techniques
b. Horseplay, good housekeeping, no smoking policy
C. Safe work procedure
d. Proper use of fitness equipment
9. Vehicle safety
We have discussed the items checked above. I will consciously try
to perform my assigned duties safely.
Supervisor's Signature
Employee's Signature
EMPLOYEE HANDBOOK
RISK SECTION 70 26
Date
Date