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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OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. That the Personnel Policies Handbook dated May 2, 1994 is hereby repealed.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. EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 123 "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: EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 124 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. EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 125 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 EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 126 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 EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 127 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: EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 128 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. EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 129 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: EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 130 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 EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 131 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 EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 132 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. EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 133 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 EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 134 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: EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 135 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 EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 136 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. EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 137 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. EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 138 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 EMPLOYEE HANDBOOK LEAVE ADMINISTRATION SECTION 60 139 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: EMPLOYEE HANDBOOK 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: EMPLOYEE HANDBOOK RISK SECTION 70 143 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: EMPLOYEE HANDBOOK 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