Resolution 5468 - Amends Personnel HandbookPOLICIES HANDBOOK FOR ALL CITY EMPLOYEES AND DECLARING AN EFFECTIVE
i A.
WHEREAS, it is in the best interests of the citizens of the City of Kalispell, and employees of the
City of Kalispell, that all policies relating to persons working for the City of Kalispell be
placed in a Personnel Policies Handbook, and
WHEREAS, on May 2, 1994, the City Council adopted Resolution No. 4150, adopting a Personnel
Policies Handbook for all City employees, and
WHEREAS, on June 19, 2000, the City Council adopted Resolution No. 4561, revising the Personnel
Policies Handbook, and
WHEREAS, on September 15, 2003, the City Council adopted Resolution No. 4832, revising the
Personnel Policies Handbook, and
WHEREAS, the City Manager requests that the Personnel Policies Handbook be revised to reflect
changes to State and Federal law and to address other current personnel issues.
' !' i • i C' • #1 C-LOF •
AS FOLLOWS:
SECTION I. That the Personnel Policies Handbook dated September, 2003 is hereby
amended.
SECTION II. That the Revised Personnel Policies Handbook presented to the City
Council on November 15, 2010, 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 3RD DAY OF JANUARY, 2011-
Tammi Fisher
Mayor
ATTEST:
Theresa White
City Clerk
CITY OF KALISPELL
PERSONNEL
POLICY
HANDBOOK
Adopted by the Kalispell City Council
Resolution 5468
January 3, 2011
EMPLOYEE HANDBOOK
GENERAL SECTION 10
TABLE OF CONTENTS
GENERAL
10-1 PURPOSE AND DISCLAIMERS...................................................1
10-2 EQUAL EMPLOYMENT OPPORTUNITY (EEO)/AMERICANS WITH
DISABILITIES ACT (ADA)..........................................................2
10-3 ADMINISTRATION OF EMPLOYEE PERSONNEL RECORDS .........3
10-4 UNION RIGHTS.........................................................................4
EMPLOYMENT
20-1 HARASSMENT..........................................................................5
20-2 SCHEDULING DAYS/HOURS OF WORK.....................................7
20-3 OVERTIME/COMPENSATORY TIME..........................................9
20-4 NEPOTISM..............................................................................11
20-5 PROBATION & TRIAL PERIOD ................................................. 13
20-6 RE-EMPLOYMENT.................................................................. 14
20-7 EMPLOYEE IN-PROCESSING/ORIENTATION ........................... 15
20-8 HIRING PROCESS.................................................................... 16
20-9 EMPLOYEE TERMINATION AND EXIT PROCESS ...................... 20
20-10 WORKPLACE VIOLENCE......................................................... 22
BENEFITS
30-1 TYPES OF EMPLOYMENT AND ELIGIBILITY FOR BENEFITS ..... 23
30-2 MEDICAL/HEALTH INSURANCE COVERAGE .......................... 26
30-3 RETIREMENT......................................................................... 27
EMPLOYEE CONDUCT
40-1
EMPLOYEE CONDUCT............................................................
29
40-2
EMPLOYEE PERSONAL APPEARANCE .....................................
31
40-3
PERSONAL & BUSINESS TELEPHONE CALLS/FAX....................
32
40-4
POLITICAL ACTIVITY.............................................................
33
40-5
OUTSIDE EMPLOYMENT.........................................................
34
40-6
USE OF CITY VEHICLES..........................................................
35
40-7
EMPLOYEE CONTRACTS WITH THE CITY ...............................
36
40-8
DISCIPLINARY ACTION..........................................................
37
40-9
GRIEVANCE PROCESS............................................................
41
40-10
LOBBYING BEFORE STATE LEGISLATURE OR OTHER
GOVERNMENTAL AGENCIES .................................................
42
40-11
SMOKING POLICY FOR CITY EMPLOYEES WITHIN
CITY -OWNED FACILITIES.......................................................
43
40-12
SOLICITATIONS......................................................................45
40-13
CONTRIBUTIONS AND HONORARIUMS ...................................
45
40-14
CONFIDENTIAL INFORMATION/PERSONAL GAIN ..................
46
40-15
DRUG FREE WORK PLACE ......................................................
47
40-16
DRUG AND ALCOHOL TESTING ..............................................
49
EMPLOYEE HANDBOOK
GENERAL SECTION 10 ii
COMPENSATION
50-1 PERFORMANCE EVALUATION ................................................ 63
50-2 DATE OF HIRE/ANNIVERSARY DATE ...................................... 64
50-3 DEMOTIONS...........................................................................65
50-4 POSITION DESCRIPTIONS....................................................... 66
50-5 PROMOTIONS.........................................................................67
50-6 RECLASSIFICATION PROCEDURE ........................................... 68
50-7 TRANSFERS............................................................................ 69
50-8 PAY PERIODS......................................................................... 71
LEAVE ADMINISTRATION
60-1 VACATION LEAVE.................................................................. 72
60-2 SICK LEAVE............................................................................ 75
60-3 PERSONAL DAY...................................................................... 81
60-4 HOLIDAYS AND HOLIDAY PAY ............................................... 82
60-5 LEAVE OF ABSENCE WITHOUT PAY ........................................ 83
60-6 ABSENCE WITHOUT LEAVE .................................................... 86
60-7 MILITARY LEAVE................................................................... 87
60-8 JURY DUTY............................................................................ 88
60-9 FAMILY AND MEDICAL LEAVE ............................................... 89
RISK
70-1 DRIVER'S LICENSES................................................................ 99
70-2 EMERGENCY CONDITIONS....................................................100
70-3 INSURANCE CLAIMS.............................................................101
70-4 MINIMUM QUALIFICATION FOR THE OPERATION OF
CITY -OWNED MOTOR VEHICLES AND PRIVATELY -OWNED
VEHICLES WHILE CONDUCTING OFFICIAL BUSINESS ............ 102
70-5 SAFETY AND ACCIDENT PREVENTION..................................104
70-6 EARLY RETURN -TO -WORK (ERTW) PROGRAM .......................105
MISCELLANEOUS
80-1 TRAVEL EXPENSES WHILE ON CITY BUSINESS .......................107
80-2 SPECIAL LICENSES AND MEMBERSHIP FEES ..........................110
80-3 LAWSUITS AGAINST THE CITY..............................................110
80-4 TRAINING PROGRAMS, INCLUDING SEMINARS OR
CONVENTIONS......................................................................111
80-5 USE OF CITY COMPUTERS AND INFORMATION NETWORK ....113
80-6 BREAST FEEDING IN THE WORKPLACE.................................119
80-8 PRIVATE USE OF PUBLIC FACILITIES AND EXPECTATIONS
OF PRIVACY BY CITY EMPLOYEES.........................................119
80-9 CITY PROCUREMENT POLICY...............................................120
EMPLOYEE HANDBOOK
GENERAL SECTION 10 iii
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On
Purpose
EMPLOYEE HANDBOOK
GENERAL SECTION 10 iv
SECTION 10-1
SUBJECT: PURPOSE AND DISCLAIMERS
L PURPOSE:
a. Purpose of Personnel Policies and Procedures
b. Disclaimers
c. Organization of Personnel Policies and Procedures
II. STATEMENT OF POLICY:
a. General Purpose: These policies are enacted by the City of Kalispell in order to further
the following goals:
i. To provide a uniform system of personnel administration throughout the City
service.
ii. 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.
iii. To assist managers in the development of sound management practices and
procedures, and to make effective consistent use of human resources throughout
the City.
iv. To promote communication between directors, supervisors, and employees.
v. To ensure, protect and clarify the rights and responsibilities of employees.
III. SCOPE:
a. 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.
IV. In the event of the amendment of any ordinance, rule or law incorporated in this document or
upon which these provisions rely, these rules shall be deemed amended in conformance with
those changes.
V. 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.
EFFECTIVE: Immediately
DATE: May 3, 1994
LAST REVISED: Resolution #4832 - September 15, 2003
EMPLOYEE HANDBOOK
GENERAL SECTION 10
SECTION 10-2
SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY (EEO)/AMERICANS WITH
DISABILITIES ACT (ADA)
L PURPOSE
The City of Kalispell is an equal opportunity employer. The City of Kalispell shall comply
with all relevant federal and state laws, to include rules and regulations put forth by the
Equal Employment Opportunity Commission, (EEOC) and all relevant provisions of the
Americans with Disabilities Act, (ADA).
11. STATEMENT OF POLICY
The City of Kalispell ensures equal employment opportunity regardless of race, religion,
color, creed, national origin, sex, marital status, familial status, political belief, age, or
mental/physical disability, (as defined by the ADA), unless such disability effectively
prevents the performance of the essential duties required of the position and which are bona
fide occupational qualifications that cannot be accommodated without undue hardship to
the City of Kalispell.
III. Applicants and employees shall not be discriminated based on genetic information in hiring,
promotion, discharge, pay, fringe benefits, job training, classification, referral, and other
aspects of employment and will not acquire genetic information.
IV. If an employee believes that they have been subjected to discrimination and/or harassment,
based upon any of these factors, they should immediately contact the Director of Human
Resources for the City of Kalispell and pursue corrective action.
V. If the employee feels they need to resolve the problem by filing a grievance, they should
pursue action through the Grievance Procedure stated within this manual.
VI. If the supervisor or department head is the person who is responsible for the harassment, or
if the harassment has been reported to the supervisor or department head and no action has
been taken, then it should be reported to the Director of Human Resources or the City
Attorney's Office.
VIL If an applicant for a position with the City of Kalispell believes that they have been subject
to discrimination, including harassment, based on the factors as noted above, they are to
contact the Director of Human Resources for the City of Kalispell and place such a
complaint. Applicants are encouraged to place the complaint "in writing" noting why they
believe discrimination or harassment has taken place. The Director of Human Resources
will review the complaint along with the City Attorney's office.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: Resolution #4832 — September 15, 2003
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
GENERAL SECTION 10
SECTION 10-3
SUBJECT: ADMINISTRATION OF EMPLOYEE PERSONNEL RECORDS
L PURPOSE:
To establish procedures and responsibilities for the maintenance of employee Personnel
Records.
11. STATEMENT OF POLICY:
a. The City of Kalispell maintains records on every employee related to their
employment with the City of Kalispell. The employee's personnel file will contain
information such as employment application/resume or cover letter, performance
evaluations, training records, commendations and awards, disciplinary records, and
resignation/termination records. Such information will be obtained from the
employee or from others. Any information obtained for EEOC compliance (Form
EEO-4) and/or any medical information will be kept in separate, confidential files
and accessed only on a need -to -know basis as authorized by the City Manager or the
Human Resources Director and/or their designee so long as it does not violate any
laws, regulations or policies set forth in this manual.
b. Personnel files are confidential and only accessible to others on a need -to -know basis
for personnel action. Upon request to the City Manager or the Human Resources
Director and/or their designee with the Human Resources Director and/or their
designee present, employees may inspect and make copies of their personnel records.
Employees should contact the Human Resources Director and/or their designee to
establish a convenient review time.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: Resolution #4832 - September 15, 2003
Last revised: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
GENERAL SECTION 10
SECTION 10-4
SUBJECT: UNION RIGHTS
L PURPOSE:
To establish a policy for union rights and procedures for union activities.
11. STATEMENT OF POLICY:
a. The City recognizes the following unions as the exclusive bargaining representatives
for the designated employees of the following bargaining units:
i. American Federation of State, County, & Municipal Employees, Local No. 256
ii. International Association of Firefighters, Local No. 547
iii. Kalispell Police Association
III. 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.
IV. 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
SECTION 20-1
SUBJECT: HARASSMENT
L PURPOSE:
To provide a working environment where employees will be employed, promoted and
disciplined on the basis of merit and free from harassment.
11. STATEMENT OF POLICY:
a. It is the policy of the City of Kalispell that harassment will not be tolerated.
Employees are expected to act in a professional, cooperative and respectful manner
to all contacts, despite differences.
b. 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.
C.
d. Sexual harassment may include, but is not limited to, unwelcome sexual advances,
requests for sexual favors, and other verbal or physical advances of a sexual nature.
The following actions are strictly prohibited:
i. Occasions when such conduct, either explicitly or implicitly, is a term or
condition of employment
ii. Submission to, or rejection of, such conduct by an individual is used as the
basis for employment decisions affecting such individuals
iii. Such conduct has the purpose or effect of interfering with an individual's
work performance or creating an intimidating, hostile or offensive working
environment.
iv. Examples of sexual harassment includes Verbal Harassment (sexually
explicit jokes, comments, innuendoes, etc.), Physical Harassment
(unwelcome patting, hugging, pinching, grabbing, assault, etc.), Power Plays
(using position of authority to coerce sexual favors or sexually harassing
conduct), or Non-verbal/Mental Harassment (sexually explicit or suggestive
posters, unwelcome repeated requests for dates, gesturing, etc). "Sexually
suggestive" is defined as any depiction of "a person of either sex who is not
fully clothed and/or who is posed for the obvious purpose of displaying or
drawing attention to private portions of his or her body."
e. Hostile Working Conditions includes behaviors that are inappropriate and
unacceptable in the workplace. Inappropriate and Unacceptable Behavior is bad
behavior that goes beyond incivility, yet does not meet the legal definition of Hostile
Work Environment (HWE). Examples of Inappropriate and Unacceptable Behavior
that create Hostile Working Conditions:
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20
i. Demeaning, harassing, belittling others; name-calling
ii. Emotional tirades, tantrums, and displays of anger
iii. Humiliating, intimidating, threatening others
iv. Gossiping, spreading rumors about and damaging a co -worker's reputation
v. Refusing to follow authority without very good reasons
vi. Being argumentative with no good reason except for trying to start a fight
vii. Swearing or using obscene language in very public places without regard to
the reactions of others
f. Hostile Working Environment is offensive behavior that is:
i. Objectively intimidating, threatening, abusive, humiliating and behavior that
is either very severe or is repeated frequently and / or is pervasive
ii. Significantly alters the working conditions and unreasonably interferes with
work performance
iii. Affects a term or condition of employment and / or causes harm.
iv. Directed at the person's gender, race, color, age, religion, national origin, or
disability.
g. Any employee who perceives a conversation or event as harassment, whether the
employee is involved or merely observed, should explain to the offender in a calm
but firm manner that the action is perceived as inappropriate and that the employee
wishes the behavior to stop. Should the harassment continue, the employee is
encouraged to report the activity to their supervisor, the Human Resources Director,
the City Manager and/or their designee, or in the event these individuals are
involved; to a member of the City Attorney's Office.
h. The harassment allegation will be promptly investigated with due regard for
confidentiality by the Human Resources Director, the City Manager and/or their
designee, or the City Attorney's Office. The results of the investigation and the
nature of the disciplinary action will be communicated to the complainant and the
offender.
i. Either the offended employee or the offender may appeal the decision through the
normal grievance procedures if either submits a written statement concluding the
findings were incorrect or the disciplinary action inappropriate. City of Kalispell
will not tolerate retaliation against an employee who makes a good faith report of
alleged sexual harassment or participates in a sexual harassment investigation. A
follow-up review will be completed within 6 months after harassment allegations
have been confirmed to ensure the sexual harassment has discontinued and all
parties involved are not subjected to retaliatory behaviors.
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.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20
III. 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
REVISED: May 9, 2000
LAST REVISED: Resolution 5468 - January 3, 2011
SECTION 20-2
SUBJECT: SCHEDULING DAYS/HOURS OF WORK
L PURPOSE:
To establish a policy setting uniform days/hours of work for employees.
II. STATEMENT OF POLICY:
a. 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.
b. Except as otherwise provided by labor agreements, the normal work week shall
consist of 40 working hours in a seven day period commencing on Sunday at 12:01
a.m. and continuing to Saturday at 12:00 midnight.
c. 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.
d. 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.
e. The standardization of working hours is necessary to provide:
i. Continuity in access by and service to the citizenry.
ii. Facilitation of teamwork.
iii. Facilitation of supervisory assistance.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20
III. 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.
IV. 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
subject to disciplinary action. Tardiness must be made up during the pay period in which it
occurs.
V. 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.
VI. Daily attendance records will be maintained by each department; including date and time
absent and reason for absence. Attendance may be considered in determining promotions,
transfers, satisfactory completion of probationary or trial periods, and continued
employment with the City.
VIL Frequent tardiness or other attendance irregularities shall be cause for disciplinary action.
VIIL 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
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20
SECTION 20-3
SUBJECT: OVERTIME/COMPENSATORY TIME
L PURPOSE:
To provide for overtime/compensatory time compensation for employees working in excess
of forty hours per week.
11. POLICY:
a. Only employees considered "non-exempt" by FLSA (The Fair Labor Standards Act)
are paid 1-1/2 times their "regular rate" for actual hours worked in excess of 40
hours in any workweek. Workweek begins at 12:01 a.m. on Sunday and ends at
12:00 midnight on Saturday.
b. 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.
i. 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.
ii. If a "non-exempt" employee desires compensatory time instead of overtime
pay, he/she must request it in writing on a Payroll Change Notice.
iii. 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.
iv. 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.
v. 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.
vi. 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, or seasonal who may
accumulate a maximum of 480 hours. (Compensatory time policy is under
review and subject to change.)
vii. If the employee's work regularly involves the activities included in the 480-
hour limit, the employee will be covered by that limit. A public agency
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20
cannot utilize the higher cap by simple classification or designation of an
employee. The work performed is controlling. Assignment of occasional
duties within the scope of the higher cap will not entitle the employer to use
the higher cap.
viii. 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 when over the maximum hours.
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.
III. LIMITATIONS:
a. This policy shall not apply to employees whose labor agreement provides for a
different work period, specifically police officers and firefighters.
b. 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.
c. The Human Resources Department reviews what an employee does and compares
the duties and responsibilities to the test provided by the Fair Labor Standards Act
(FLSA) and Montana Wage and Hour Laws.
IV. OVERTIME ON SUNDAY:
a. 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.
V. HOLIDAYS AND OVERTIME ON HOLIDAYS:
a. Holiday Pay for Holiday Worked:
i. A holiday is defined as being any 8-hour period of scheduled work time
identified by city policy. When an employee is ordered to work on a city -
recognized holiday, he/she will be paid straight time for all the hours
worked. In addition, straight time will be paid for eight hours to cover the
normal day which has been identified as a holiday.
b. Scheduled Holidays for Employees on Shifts Longer Than 8 Hours:
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 10
i. 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.
c. Part-time, Seasonal and Temporary employee's hours will be pro -rated.
d. An employee will be allowed to take a holiday or another day if the holiday falls on
an employee's regular day off. Scheduling of this day will be subject to the approval
of their supervisor.
e. Holiday Worked (Shifts Scheduled Over 8 Hours):
i. Employees who are scheduled to work on a city -recognized holiday and are
assigned to a shift longer than 8 hours will be entitled to holiday pay of 8
hours, as set forth above. Thereafter it shall be at the rate of 1-1 /2 times their
regular rate for the remaining hours of the shift.
VI. OVERTIME TRAVEL:
a. 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
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution 5468 - January 3, 2011
SECTION 20-4
SUBJECT: NEPOTISM
L 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.
11. STATEMENT OF POLICY:
No person under service to the City who, by virtue of his/her position, shall have the right
to hire or otherwise appoint any person to render services to the City, nor shall he/she enter
into any agreement or promise to do so with such person or persons related to him/her or
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 11
connected to him/her by consanguinity within the 4th degree, or by affinity within the 2nd
degree.
III. DEFINITIONS:
a. A person connected within the fourth degree of consanguinity includes: parent,
child, grandparent, brother or sister, grandchild, great-grandparent, uncle or aunt,
nephew or niece, great-grandchild, great -great-grandparent, great-uncle or aunt, first
cousin, grandnephew or niece, and great -great-grandchild.
b. A person connected within the second degree of affinity includes: father-in-law,
mother-in-law, daughter-in-law, son-in-law, grandparent -in-law, brother-in-law
(wife's or husband's brother) and his wife, sister-in-law.
c. 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: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 12
SECTION: 20-5
SUBJECT: PROBATION & TRIAL PERIOD
I. PURPOSE:
To establish policy and procedure for the probation & trial period for new employees and
current employees who transfer to a new position.
II. STATEMENT OF POLICY:
a. All newly hired employees must serve a period of initial probation. Exempt
management (Directors & Chiefs), police officers, and firefighters serve a probation
period of one year; all other employees serve a minimum of six month probation
unless otherwise defined by a labor contract.
b. The initial 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 initial probationary period, the City reserves the right
to terminate the probationary employee's service with or without cause, provided,
however, the employer shall not discharge or otherwise discipline an employee for
protected union activity, public policy or written policies.
c. Rejected probationers shall be notified of such action in writing by the department
head at any time during the initial probationary period and a copy of said
notification shall be retained in the personnel files.
d. At the end of the initial 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.
e. Under unusual circumstances, the initial probationary period may be extended. This
is only after an evaluation of the situation, the employee's abilities, and
demonstrated potential. Probation extension is done only upon recommendation of
the Supervisor, department head and City Manager's Office.
f. If the employee successfully completes the initial 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.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 13
g. Employees who have successfully completed their initial probationary period and
who are transferred, promoted/demoted to a new position must serve a minimum of
thirty (30) days trial in the new position. The length of this trial period, which will be
established by the Director of the respective department with approval of the City
Manager, will be based on the requirements/duties of the job.
h. If a current employee, who is not on the initial probation, has been transferred,
promoted or demoted; 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 trial period
retroactive to the date of the transfer or promotion.
i. If a transferred, promoted or demoted employee, who is not on their initial
probation, fails to achieve satisfactory performance in the new position during the
trial period and their performance in the previous position was satisfactory; he or she
may be allowed to return to the position of which they left. After the completion of
the trial period the employee 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.
j. 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
REVISED: May 9, 2000
LAST REVISED: Resolution 5468 - January 3, 2011
SECTION 20-6
SUBJECT: RE-EMPLOYMENT
L PURPOSE:
To establish a policy for re-employment.
11. STATEMENT OF POLICY:
a. Any former regular employee who resigned or has been laid off from the City in
good standing is eligible for re-employment.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 14
b. 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.
c. 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.
d. The compensation of an employee re -hired to a position other than the former
position will be subject to provisions for new hires.
e. Reinstatement in the retirement system will be made in accordance with the rules
and regulations as set by the State Retirement system.
f. Vacation eligibility will include previous Montana government service.
g. 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.
h. 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.
i. All individuals re-employed by the City must complete a new probationary period.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: Resolution 5468 - January 3, 2011
SECTION 20-7
SUBJECT: EMPLOYEE IN-PROCESSING/ORIENTATION
L PURPOSE:
To establish a policy and procedure for processing new City employees.
11. STATEMENT OF POLICY:
All new regular full-time and regular part-time employees of the City will be scheduled to
meet with the Human Resources Director and/or designee on their first day of work for
general orientation.
III. The Human Resources Department will distribute and explain the various enrollment
forms, etc. that must be filled out.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 15
IV. Each new employee will be provided with information on employee benefits, City policies
and operations.
V. The hiring department provides additional information to the new employee, including:
a. Work standards and regulations
b. Hours of work, time cards or reports, leave requests
c. Duties of the position
d. Safety rules and procedures, location of safety or protective equipment
e. Tour of the work area, including location of equipment, supplies, etc.
f. Introduction to co-workers
g. Schedule for lunch and breaks
h. When and to whom to report absence from work
i. Who is responsible for performance planning and review
j. American with Disabilities (ADA) Policy
k. Harassment Policy
1. Grievance Policy
in. Probationary & Trial Period Policy
n. Family Medical Leave Act (FMLA) Policy
o. Education specific to the equipment and tasks required of the position.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: Resolution 5468 - January 3, 2011
SECTION 20-8
SUBJECT: HIRING PROCESS
L PURPOSE:
To establish a policy and procedure for all phases of the hiring process.
11. STATEMENT OF POLICY:
a. The Human Resources Director and/or designee will administer and coordinate the
hiring process for all position vacancies.
b. The following procedures will be adhered to by all departments in announcing
position vacancies. In cases where these procedures contradict existing labor
agreements, the applicable provisions of the labor agreements shall prevail, unless
otherwise prohibited by law.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 16
III. RECRUITMENT:
a. The Human Resources Director and/or designee will be notified immediately of all
position vacancies.
b. The affected department maybe asked to assist the Human Resources Director &/or
designee, as necessary, in formulating the job announcement, ads, and in
determining special applicant sources.
c. The Human Resources Director and/or designee will distribute to City departments
copies of the job announcement for posting for a minimum of seven working days.
d. The City does not, under normal circumstances, use the services of any private
employment agency, either employer or employee paid.
e. Applications shall be submitted to the Human Resources Director and/or designee
using City Employment Application forms.
f. 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.
g. In-house candidates interested in applying for another position within the City
should follow procedures as outlined in the policies on TRANSFERS or
PROMOTIONS.
h. Previous applicants, who were interviewed, considered, yet not offered that position
with the City in the past sixty (60) days and there now exists a new and similar
position, may offered the position without posting and re -advertising of the position.
i. Applicants may be disqualified for consideration for employment when any of the
following facts exist including, but not limited to:
i. They do not possess the qualifications for the job.
ii. 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.
iii. They have made false statements of any material facts or practiced deception
in their application.
iv. The applicant is not within the legal age limits prescribed by law.
v. Poor driving record if position requires operating city vehicles.
vi. Unauthorized to work in the United States
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 17
IV. TESTING:
a. Examinations may be developed for certain positions based on the position's
responsibilities, the qualifications required, and resources available.
b. 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.
c. Examination contents are confidential and unauthorized disclosure to any candidate
is grounds for discipline.
d. The Human Resources Director and/or designee shall ensure that all testing is based
on bonafide occupational qualifications.
V. INTERVIEW PROCESS:
a. 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.
b. The department hiring the individual and working with the Human Resources
Director and/or designee shall coordinate the interview process, including selection
of panel members, scheduling candidates, development of interview questions, etc.
c. Generally no more than three individuals will serve on the interview panel.
Relatives or personal friends of the applicants will be excluded from serving on the
panel.
d. The Human Resources Director and/or designee 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.
e. 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.
VI. REFERENCE CHECK:
a. Before any conditional offer of employment is extended by the City, the Human
Resources Director and/or designee conducts a reference check of the selected
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 18
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.
b. No reference check or background investigation will be conducted without first
notifying and receiving permission from the applicant.
i. Note: Failure of applicant to give permission will result in disqualification
from consideration for the position.
c. Results of the reference check and/or background check will help determine the
applicant's fitness for the position.
d. A recommendation for conditional offer of employment will be forwarded to the
City Manager by the Human Resources Director &/or designee for final approval to
extend such conditional offer.
VIL APPLICANT NOTIFICATION OF CONDITIONAL OFFER OF EMPLOYMENT:
a. For all positions, an employment conditional offer of employment letter is
forwarded to the final accepting candidate outlining the terms of employment. The
letter is prepared and mailed by the Human Resources Director &/or designee in
cooperation with the affected department.
VIII. APPLICANT EXPENSES:
a. 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.
b. Relocation costs are paid in full by the employee unless otherwise approved by the
City Council and City Manager.
c. The applicant should be advised of Items a. and b. above before reporting for the
interview.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 19
SECTION 20-9
SUBJECT: EMPLOYEE TERMINATION AND EXIT PROCESS
L 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.
II. STATEMENT OF POLICY:
a. Definitions:
i. Resignation: Resignation is a termination action which is initiated by the
employee.
ii. Retirement: Retirement is a termination action which is initiated by an
employee who meets the basic eligibility requirements of his/her appropriate
retirement system.
iii. Discharge: Discharge is a termination action which is a result of employee
misconduct.
iv. Reduction -in -Force: Reduction -in -force is a termination action which is a
result of insufficient funds or other business reasons and is not a disciplinary
action.
v. Employees who are voluntarily resigning from the City of Kalispell are
requested to give a written notice with a minimum of two weeks. Employees
will be provided their final paycheck within 15 days or the next scheduled
pay period, whichever is sooner.
vi. Depending on the circumstances surrounding the resignation, employees
who resign from the City of Kalispell may be eligible for re-employment.
Former employees will be required to complete an application/resume, as
determined, and proceed through the regular hiring procedure as other
applicants. A former employee who is re -hired by the City of Kalispell will
be considered a new employee and required to complete the applicable
probationary period. Date of service, for seniority purposes, will be the date
of instatement of the subsequent hiring. Subsequent employment and
participation in the retirement system will be made in accordance with the
rules and regulations of the retirement plan, as well as all applicable federal
and state laws.
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 20
b. The City Manager and/or their designee have authority to determine if the City of
Kalispell's workload, funding or other business decisions are such that terminations
(via layoff or reductions -in -force [RIF]) are required. Whenever possible, employees
will be provided at least two (2) weeks advance notification before the layoff or RIF.
c. Regular employees will not be terminated if probationary, temporary or short-term
workers are employed in the same work classification.
d. The insurance company will work in conjunction with the Human Resources
Director and/or their designee to ensure relevant benefits information is forwarded
to the employee at the last known address.
e. Employees must keep the City of Kalispell informed of the address and telephone
number where they can be contacted in the event of a recall. If the City of Kalispell
is unable to contact an employee within seven business days of the recall, the
employee will be eliminated from the recall list and the City of Kalispell will have no
further obligation to recall that employee.
f. The City of Kalispell will have no obligation to recall the employee if they have been
on a continual layoff for a period of one (1) year.
g. Employees terminated by the City of Kalispell will have a letter issued stating the
reason and the effective date of the termination. Employees who are on their initial
probation may be discharged with or without cause that the City of Kalispell deems
appropriate within the six (6) or twelve (12) month probationary period, as
appropriate.
h. The City of Kalispell will follow the procedure outlined in the Employee Discipline
section to terminate a non -probationary employee. An employee terminated for
cause does not retain his/her job or benefits pending any grievance appeal, but if
he/she wins the grievance, such salary and benefits may be restored retroactively.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: May 9, 2000
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
EMPLOYMENT SECTION 20 21
SECTION 20-10
SUBJECT: WORKPLACE VIOLENCE
PURPOSE:
To grant our staff a friendly, courteous and impartial work environment.
11 STATEMENT OF POLICY:
a. The City of Kalispell is committed to providing our staff a friendly, courteous and
impartial work environment. The City of Kalispell acknowledges that human
relationships are subject to conflict and that some employees may be exposed to
violence by the nature of their jobs. The City of Kalispell is committed to
maintaining a safe, healthful and efficient work environment in which acts of
violence by employees or citizens will not be tolerated.
b. The City of Kalispell will strive to provide a safe and secure work environment.
Employees should avoid or minimize potentially violent situations to protect
themselves from harm. If an employee anticipates a particularly confrontational
situation, they should notify their supervisor, the City Manager, Human Resources
Director and/or their designee so that additional security can be arranged. When a
situation begins amicably but turns hostile, employees should try to de-escalate the
situation. If de-escalation tactics don't work, they should withdraw from the
situation. Force should not be used unless it is absolutely necessary for self defense.
c. Threats or acts of violence experienced or witnessed should be reported to the
employee's supervisor or the City Manager, Human Resources Director and/or their
designee as soon as possible. The City of Kalispell will promptly investigate any
complaint received that pertains to workplace violence. The City of Kalispell will
take appropriate, prompt actions against any employee who engages in any
threatening or intimidating behavior or acts of violence or who uses any obscene,
abusive, or threatening language or gestures.
d. This policy prohibits employees from bringing unauthorized firearms or other
weapons (including pepper spray, stun guns, batons, etc) onto City of Kalispell
premises. Employees are also prohibited from carrying unauthorized firearms or
other weapons in City of Kalispell vehicles or in personal vehicles if conducting City
of Kalispell business.
e. If a City of Kalispell employee has violated this policy, such action may warrant
disciplinary action, up to and including termination. If necessary or appropriate, the
City of Kalispell will notify the necessary law enforcement personnel and prosecute
violators of this policy.
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 22
f. If there is fear that the domestic violence could result in workplace violence,
employees should notify their supervisor or the City Manager, Human Resources
Director and/or their designee immediately so appropriate security measures can be
arranged.
NEW POLICY — EFFECTIVE Resolution 5468 - January 3, 2011
SECTION 30-1
SUBJECT: TYPES OF EMPLOYMENT AND ELIGIBILITY FOR BENEFITS
L PURPOSE:
To establish guidelines and definitions for types of employment and for entitlement to
benefits.
11. STATEMENT OF POLICY:
a. The types of City employment are:
i. Probationary Employee: A newly hired employee during the initial period of
employment. All newly hired City employees are on a probationary status which,
unless provided otherwise union agreement or other documents, extends for six
(6) months, or in certain cases, one (1) year, from the date of hire. Probationary
periods may be extended under special circumstances.
ii. Regular Full -Time Employee: An employee who has successfully completed
the initial probationary period, is assigned to a position which is expected to
continue for an indefinite duration, and works a shift schedule which totals no
less than 2080 hours per year.
iii. Regular Part -Time Employee: An employee who has successfully completed
the initial probationary period, is assigned to a position which is expected to
continue for an indefinite duration, and works a shift schedule of 20 hours or
more, but less than 40 hours, per week.
iv. Temporary Full -Time Employee: An employee whose work assignment is
limited in duration to twelve months or less, and works a shift schedule which on
an annual basis would total no less than 2080 hours.
v. Temporary Part -Time Employee: An employee whose work assignment is
limited in duration to six months or less, and works a shift schedule which on an
annual basis would total less than 2080 hours.
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 23
vi. Student Intern Employee: An employee who is regularly enrolled as a student
in a recognized educational institution and is assigned to a full or part-time
position which, in the case of post -secondary students, is related to the student's
course of study and which will continue for not longer than the then current
semester or term at the student's school; provided, however, that subsequent
work assignments may be made for the same student for periods which
correspond to the student's subsequent semester or term.
vii. Seasonal Employee: An otherwise permanent employee designated by the City
as seasonal, who performs duties interrupted by the seasons, and who may be
recalled without the loss of rights or benefits accrued during the preceding season.
viii. Short-term Employee: An employee whose work assignment is limited in
duration to ninety (90) days or less, without regard to the number of hours
worked, who is not eligible for permanent status, and who may not be hired into
another position by the City without a competitive selection process.
ix. Note: To be rehired as a Short-term employee, there must be five (5) consecutive
days of complete separation from the City as an employee.
x. Transitional Employee: A city employee who has been temporarily reassigned
to duties other than his normal duties under the city's Early -Return -to -Work
Policy.
xi. Recurrent Seasonal Employee: An employee who would be considered an on -
call as designated by the City and who; has worked previously for the City,
performs duties interrupted by at least one season, works less than 960 hours in a
calendar year, and who may be recalled without the loss of rights or eligibility for
health insurance benefits, so long as that employee maintains those benefits
during the period when not working for the City. Employees who do not
maintain those benefits shall not be eligible for reinstatement of said benefits.
b. Employee compensation shall be stated in terms of annual or monthly salary or
hourly wage.
c. Entitlement to employee benefits shall be as follows:
Regular full-time employees shall receive all employee benefits provided by the
City; provided, however, that represented employees shall receive only those
benefits provided for by the labor agreement.
ii. Probationary employees, who, upon successful completion of their initial
probationary periods will be regular full-time employees, shall be entitled to the
same benefits as regular full-time employees, subject to the applicable eligibility
provisions and time periods.
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 24
iii. Regular part-time and seasonal employees may be entitled to pro rata vacation,
holiday, and sick leave benefits provided, however, that represented employees
shall receive only those benefits provided by the labor agreement. Probationary
part-time employees, who, upon successful completion of their initial
probationary periods, will be regular part-time employees, shall be entitled to the
same benefits as regular part-time employees, subject to applicable eligibility
provisions and time periods.
iv. Service time with other city, county or state agencies does not add to an
employee's continuous service with the City of Kalispell. However, according to
State law, Section 2-18-612, MCA, vacation leave credits must be calculated
based on the total years of employment with any city, county, or state agency in
the State of Montana. Such time will be credited to an employee's records upon
receipt of a certified statement from the employing agency, stating time of service
and dates.
v. An approved leave of absence without pay will not interrupt the accumulation of
continuous service, provided the employee meets the conditions required by the
City for such leaves.
d. Employees taking unpaid leave without pay, temporary disability leave, or Family
and Medical Leave, shall not accrue sick leave or vacation time while on such leave.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 25
SECTION 30-2
SUBJECT: MEDICAL/HEALTH INSURANCE COVERAGE
I. PURPOSE:
To provide an outline of medical/health benefits provided by the City of Kalispell.
II. STATEMENT OF POLICY:
The City of Kalispell provides group health and dental insurance plan for all City employees
and their families. Supplemental plans may be added and/or deleted based on the needs of
the City and its employees. Eligibility Requirements:
a. Regular Full -Time
b. Regular Part -Time
c. Retirees (retiree pays entire premium)
d. Employees who have been terminated may be eligible to remain with the City's
group plan under certain conditions as outlined under COBRA benefits.
III. City Contribution:
For regular full-time employees, the City shall determine the insurance carrier and
contribute the amount determined by the employee's status each month toward Health
Insurance Coverage. When an employee marries or adds/loses a dependent, the Human
Resources Department 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.
IV. Coverage:
Group plan brochures are available in the Finance Office which explains detailed insurance
coverage offered by the plan. The Human Resources Director &/or designee is the liaison
between employees and the insurance company and is available to help employees with
their insurance problems.
V. When Coverage Begins:
Coverage for new employees begins following 30 calendar days of employment.
VI. 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 b. of this part.
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 26
a. Employees who retire have the option to remain in the City's group plan, provided
they pay the current full 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). Terminating employees may have the option of "Continuation
Coverage," provided the termination is not the result of misconduct. Spouses and
dependent children are allowed to stay on group coverage.
c. With the exception of Family Medical Leave Act (FMLA), employees may elect to
continue their total existing insurance coverage, at employee expense, while on leave
of absence (Leave without pay).
d. Employees using FMLA shall receive health insurance coverage according to the
terms and conditions that are in effect during the time the employee is using such
leave.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution 5468 - January 3, 2011
SECTION 30-3
SUBJECT: RETIREMENT
L PURPOSE:
To provide an outline of retirement programs and benefits available to City employees.
11. STATEMENT OF POLICY:
a. Retirement systems for City employees are Public Employees Retirement System
(PERS). (Administered by the State of Montana) Employees covered are:
i. Regular full-time
ii. Regular part-time
iii. Temporary Employees when they have worked or if they are expected to
work at least 960 regular hours.
iv. All other employees who have elected to participate.
b. Contributions to the Fund: The City and the employees contribute a percentage of
income to the fund as determined by the plan administrator.
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 27
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 Human
Resources Director &/or designee as soon as possible to receive counseling.
e. Withdrawal of Funds: Employees may withdraw PERS contributions only when
terminating. An application form must be filled out with the Human Resources
Director &/or designee PERS withdrawals are generally received six (6) to eight (8)
weeks after the final date of employment.
f. Social Security (FICA) - Eligible Employees:
i. All 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.
ii. Contributions to Fund: The City and the employee con -tribute a percentage
of the employee's gross wages.
g. Police Retirement (Administered by the State of Montana)
i. Eligible Employees: Mandatory
ii. Contributions to Fund: The City and the employee contribute a percentage
of the employee's base salary.
h. Firefighters Retirement (Administered by the State of Montana)
i. Eligible Employees: Mandatory
ii. Contributions to Fund: The City and the employee con -tribute a percentage
of the employee's base salary.
III. 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: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
BENEFITS SECTION 30 28
SECTION 40-1
SUBJECT: EMPLOYEE CONDUCT
I. PURPOSE:
To outline specific areas which may result in employee discipline.
11. 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:
a. Reporting to work under the influence of intoxicants or nonprescription/illegal
drugs, using such substances or being impaired, while on City property.
b. Failure to follow the orders of one's supervisor(s).
c. Being absent from work without permission or failure to report to the supervisor or
department head when one is absent.
d. Being habitually absent or tardy for any reason.
e. Failure to perform assigned work in an efficient or effective manner.
f. Being wasteful of material, property or working time.
g. Inability to get along with fellow employees so that the work being done is hindered
and not up to required levels.
h. Failure to observe proper security procedures.
i. Conduct on the job which violates the common decency or morality of the
community.
j. Commission of a felony or gross misdemeanor that may affect the performance,
safety or function of the job.
k. Violating safety rules and regulations.
1. Speaking critically or making derogatory or false accusations so as to discredit other
employees or supervisors.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 29
in. Removal of City, co -worker's or private citizen's money, merchandise, or property,
including property in custody of the City, co-worker or private citizen without
permission.
n. Lying to supervisors in connection with one's job.
o. Dishonesty, including intentionally giving false information, intentionally falsifying
records or making false statements when applying for employment.
p. Being on City premises during nonworking hours without permission.
q. 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.
r. Accepting fees, gifts, or other valuable items in the performance of the employee's
official duties for the City.
s. Inability or unwillingness to perform the assigned job.
t. Falsification of time records for payroll.
u. Abuse of sick leave privileges or obtaining sick leave pay falsely or under false
pretenses.
v. Failure to maintain job -required certification, accreditation, license or violation of
statutory or regulatory rules which may apply.
w. 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.
x. Threatening or harassing a supervisor, co-worker or private citizen.
III. 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: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 30
SECTION 40-2
SUBJECT: EMPLOYEE PERSONAL APPEARANCE
L PURPOSE:
To establish a general policy regarding employee appearance.
II. STATE OF POLICY:
a. 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.
b. 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 and should be
conservative and non -offensive to other employees or the public. 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.
III. ENFORCEMENT
a. Department managers and supervisors are responsible for monitoring and enforcing
this policy. The policy will be administered according to the following action steps:
i. If questionable attire is worn in the office, the respective department director,
supervisor/manager will hold a personal, *private discussion with the
employee to advise and counsel the employee regarding the
inappropriateness of the attire.
ii. If an obvious policy violation occurs, the department supervisor/manager
will hold a hold a *private discussion with the employee and ask the
employee to go home and change his/her attire immediately.
iii. Repeated policy violations will result in disciplinary action, up to and
including termination.
*If represented by a Union, the employee may request representation.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 31
SECTION 40-3
SUBJECT: PERSONAL & BUSINESS TELEPHONE CALLS/FAX
L STATEMENT OF POLICY:
Management recognizes that it is necessary to use the City phone system or a personal cell
phone for personal business at times.
II. Supervisors must discourage use of phones for visiting. The following are examples of calls
which would be considered acceptable:
a. Arrange for care of children.
b. Check on sick family member or arrange for care of a sick family member.
c. Arrange for property repairs such as plumbing, car, etc.
d. Any local personal call during coffee breaks as long as it does not tie up the
telephone lines into the office.
e. All personal telephone calls should be kept to an absolute minimum.
f. Use of City telephones for long distance calling shall be limited to emergency
situations, and costs shall be reimbursed to the City.
III. Cellular Phones
a. You may not use your cellular phone or similar device to receive or place calls, text
messages, surf the Internet, check phone messages, or receive or respond to email
while driving or operating equipment. Therefore, you are required to stop your
vehicle in a safe location so that you can safely use your cell phone or similar device
b. The city assumes no liability for loss or damage to employees' personal property,
including cell telephones.
c. Employees assume the risk of loss or damage to personal cell phones or other
electronic devices carried by employees during their workday.
d. Employees in violation of this policy may be subject to disciplinary action.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 32
SECTION 40-4
SUBJECT: POLITICAL ACTIVITY
I. PURPOSE
While individuals have the right to participate in the electoral process, it is important for
public officers and employees to keep their political activities separate from their official
duties. For that reason, public officers and employees must use their personal time to
engage in campaign activities and they may not use public funds, facilities or equipment to
do so.
11. STATEMENT OF POLICY:
a. 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.
b. Except as provided in 2-2-121(3)(b), MCA, a public officer or public employee may
not use public time, facilities, equipment, supplies, personnel, or funds to solicit
support for or opposition to any political committee, the nomination or election of
any person to public office, or the passage of a ballot issue unless the use is: (i)
authorized by law; or (ii) properly incidental to another activity required or
authorized by law.
C. 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: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 33
SECTION 40-5
SUBJECT: OUTSIDE EMPLOYMENT
L PURPOSE:
To establish a procedure whereby employees may engage in employment apart from City
employment.
II. STATEMENT OF POLICY:
The City of Kalispell should be the primary job for regular employees. Should another
position, whether for wage or remuneration or as a volunteer, interfere in any way with the
employees' ability to satisfactorily complete City of Kalispell job duties or be considered a
conflict of interest, the employee may receive disciplinary action.
III. PROHIBITED PRACTICES:
An officer or employee of the City of Kalispell shall not:
a. 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
b. 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.
IV. PROCEDURE:
a. Employees who wish to work or volunteer at jobs outside the city must first submit a
written statement to their supervisor containing the following information:
i. Name, address and telephone number of other employer.
ii. Proposed hours to be worked.
iii. Description of work.
b. 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.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 34
SECTION 40-6
SUBJECT: USE OF CITY VEHICLES
L PURPOSE:
To establish guidelines for the use of City -owned motor vehicles.
11. STATEMENT OF POLICY:
a. City -owned motor vehicles shall be used for official City business only unless
approved by the City Manager and/or Council.
b. City vehicles shall not be taken home overnight except as follows:
i. 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.
ii. Those employees designated by the department head to be "on 24-hour call"
for department/division emergencies.
iii. For more than one night when specifically authorized by the City Manager.
1. Approval for paragraph b.i. above may be granted verbally by the
employee's Department Head.
2. Approval for paragraph b. ii. above must be requested in writing to the
City Manager and concurrence obtained in writing from the City
Manager.
c. City vehicles must be available for City business at all times.
d. City vehicles may be used for travel to lunch:
i. When an employee is on City business;
ii. 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.
e. 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.
f. 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.
i. Any traffic violations while operating a City -owned vehicle will be reported
immediately to your supervisor.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 35
g. 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.
h. Department heads may establish supplemental department vehicle policies.
i. Smoking in any City vehicles is prohibited.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: Resolution 5468 - January 3, 2011
SECTION 40-7
SUBJECT: EMPLOYEE CONTRACTS WITH THE CITY
L STATEMENT OF POLICY:
a. 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).
b. 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 36
SECTION 40-8
SUBJECT: DISCIPLINARY ACTION
L PURPOSE:
To establish policies and procedures related to disciplinary action for City employees.
II. STATEMENT OF POLICY:
a. 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.
b. All disciplinary actions involving suspensions without pay or termination require
concurrence of the City Manager prior to discipline being administered.
III. PROCEDURE:
a. 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.
b. 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.
c. 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.
d. Employees may be disciplined for, but not limited to, areas detailed in the Policy on
EMPLOYEE CONDUCT.
e. 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.
f. It is the responsibility of each supervisor and department head to investigate and
evaluate thoroughly the circumstances and facts as objectively as possible and then
apply the most suitable form of discipline.
g. Employees being investigated should be notified in writing of any
allegations/infractions against them and that an investigation will be taking place.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 37
IV. TYPES OF DISCIPLINARY ACTION MAY INCLUDE:
a. 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.
i. A notation that an oral warning was given should be made in the employee's
personnel file.
b. Written Reprimand - This notice will be issued in the event the employee continues
to disregard an oral warning or if the infraction is severe enough to warrant a written
reprimand in the employee's personnel file. Written reprimand notices must be
issued within a reasonable time after the occurrence of the violation claimed by the
supervisor, not to exceed sixty (60) days, to enable discovery of the violation, to
conduct adequate investigation of the incident, and to permit consideration of
disciplinary alternatives by appropriate managerial personnel.
i. 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.
ii. A copy of the written reprimand is to be handed to the employee at the time
of the discussion of the discipline.
iii. The employee shall sign the written reprimand to acknowledge receipt. A
copy, signed by the employee, will be placed in the employee's personnel file.
If the employee refuses to sign the acknowledgment, then the supervisor and
one other witness shall note on the reprimand that the employee received a
copy thereof and refused to sign it.
c. 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.
d. 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.
e. Investigatory suspensions maybe used in cases where it is necessary to investigate a
situation to determine what further disciplinary action may be justified.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 38
i. 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.
ii. 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.
f. 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.
g. 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.
h. Discharge - Immediate removal of an employee from the job site pending review for
discharge may be warranted in instances 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.
i. Probationary employees on their initial probation may be terminated at any time
without cause and without the right of appeal for violations of policy or any laws.
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.
V. 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.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 39
VI. 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.
a. 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.
VIL 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.
VIII. Pre -disciplinary Hearing - Standards/Notice of Discipline. The Human Resources
Director &/or designee shall provide and arrange for a pre -disciplinary hearing prior to the
demotion, suspension, or discharge of any employee.
a. 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.
b. The employee may have legal counsel or union representation present at a pre -
disciplinary hearing.
c. The department's explanation of the evidence at the pre -disciplinary 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.
d. 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. In addition, if the discipline rendered is
termination, the employee will be provided a copy of the grievance procedure.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 40
SECTION 40-9
SUBJECT: GRIEVANCE PROCESS
L PURPOSE:
To establish standardized grievance procedures for non -represented employees.
II. STATEMENT OF POLICY:
a. 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.
b. 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.
c. 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.
d. Every attempt will be made to resolve the grievance to the mutual satisfaction of the
employee and the City.
III. PROCEDURE:
a. An aggrieved employee is encouraged to first seek resolution with his/her immediate
supervisor or a first line manager consistent with the goal of resolving disputes at the
lowest possible level in the organization. If the problem originates with the
supervisor, then the employee will have the option of bypassing this step and filing
an informal or, if necessary, formal grievance as outlined below.
b. 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.
c. 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:
i. Statement of the grievance and relevant facts.
ii. The City policy(s) which were violated.
iii. Copies of any documents and descriptions of any other physical evidence
which may be used to support the grievant's position.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 41
i. Remedy sought.
ii. Reasons for dissatisfaction with the department head's solution.
d. 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.
e. Questions or requests for additional guidance concerning procedural or substantial
matters relating to the grievance should be directed to the City Manager's Office.
f. A written copy of the Grievance Policy will be provided to any employee who has
been discharged or who has resigned from City employment under the City's
discipline policy.
g. No punitive action shall be carried out against an employee for utilizing the
grievance procedure when in good faith they believe a mistake has been made in the
administration, application, development, or interpretation of a rule, plan or policy.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: May 10, 2000
LAST REVISED: Resolution 5468 - January 3, 2011
SECTION 40-10
SUBJECT: LOBBYING BEFORE STATE LEGISLATURE OR OTHER
GOVERNMENTAL AGENCIES
L PURPOSE:
To assure that the official policies of the City are properly expressed before legislative bodies
or other governmental agencies.
11. STATEMENT OF POLICY:
a. 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:
i. 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.
ii. 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.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 42
iii. The policies expressed in parts (i) and (ii) 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.
iv. Parts (i), (ii), and (iii) 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.
b. 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.
c. Any violation of this policy or procedure may result in disciplinary action being
taken against the employee.
d. "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:
SECTION 40-11
SUBJECT: SMOKING POLICY FOR CITY EMPLOYEES WITHIN CITY -OWNED
FACILITIES
I. PURPOSE:
To be in compliance with Montana Clean Indoor Air Act (CIAA) and 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
11. 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, cigarette including electronic versions of any.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 43
a. Smoking is prohibited in all City buildings and City vehicles.
b. Smoking will be restricted to designated areas as established by the City Manager.
c. 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.
d. Smoke breaks are to be confined to the affected employees lunch period or rest
break. Employees are not allowed to have additional breaks just to smoke.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: June 17, 1996
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 44
SECTION 40-12
SUBJECT: SOLICITATIONS
L PURPOSE:
To establish a uniform policy for solicitations by sales representatives or agents in order to
alleviate disruption of City employees during normal working hours.
11. STATEMENT OF POLICY:
a. 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.
b. Working hours include the working time ofboth the employee doing the soliciting or
distributing, and the employee to whom such activity is directed.
c. 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:
SECTION 40-13
SUBJECT: CONTRIBUTIONS AND HONORARIUMS
L PURPOSE:
To establish a policy and procedure for reporting contributions and honorariums.
11. STATEMENT OF POLICY:
a. 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.
b. 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.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 45
c. Such contributions and honorariums shall be turned over to the Finance Director for
disposition.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
SECTION 40-14
SUBJECT: CONFIDENTIAL INFORMATION/PERSONAL GAIN
PURPOSE:
Montana's constitution and key statutes guarantee public access to government
records and meetings. However, the constitution limits the "right to know" when
"the demands of the individual privacy clearly exceed the merits of public
disclosure or where disclosure of confidential information related to contractual
obligations may harm individuals or business owners.
11 STATEMENT OF POLICY:
a. Employees of the City of Kalispell may deal with confidential information. It is
imperative that employees maintain City of Kalispell integrity and not discuss City
of Kalispell business with people who should not be privy to the information. In
some circumstances, City of Kalispell business should be revealed to other City of
Kalispell employees on a need -to -know basis. If an employee has questions
regarding confidential information and to whom the information should be revealed,
they should consult with their supervisor, City Manager and/or their designee, or
with City of Kalispell's legal counsel.
b. Likewise, employees may not use knowledge gained through their employment at
the City of Kalispell to achieve personal gain for themselves or anyone else.
Employees cannot participate as a City of Kalispell employee where they may have
private pecuniary interest, direct or indirect, or perform in some function requiring
discretion on behalf of the City of Kalispell. Employees cannot disclose or use
confidential information concerning property or City of Kalispell affairs to advance
personal or private interest with respect to any contract or transaction that is or may
be subject of official action of the City of Kalispell.
NEW POLICY - EFFECTIVE: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 46
SECTION 40-15
SUBJECT: DRUG FREE WORK PLACE
L PURPOSE AND INTENT:
a. The City has a vital interest in maintaining safe, healthful, and efficient working
conditions for its employees. Being under the influence of a drug or alcohol on the
job poses serious safety and health risks to the person under the influence, all
coworkers, and our customers. The City has established guidelines with regard to
use, possession or sale of alcohol and/or illegal drugs or other controlled substances.
These guidelines apply to all City employees.
b. As the City is a recipient of Federal funds, and in accordance with the federal Drug -
Free Work Place Act of 1988, the City maintains a drug free workplace. Employees
are obligated as a condition of employment to refrain from unlawfully
manufacturing, distributing, dispensing, possessing, or using controlled substances
or illegal drugs in the workplace.
i. Employees whose position or function receives federal funding must notify
their supervisor of any conviction or no contest plea related to a drug charge
within five days of disposition. Employees found to be in violation of this
policy are subject to disciplinary action, including participation in a drug -
abuse assistance or rehabilitation program, or discharge
c. Employees are not permitted to work while under the influence of any illegal drug,
controlled substance, or alcohol. Supervisors who suspect an employee is unfit for
duty may suspend that employee pending further investigation. Individuals who
appear to be unfit for duty may elect to take or may be subject to a medical
evaluation, which may include drug or alcohol screening. Employees found to be
working under the influence are subject to disciplinary action, including discharge.
d. The use of controlled substances will not be tolerated if:
i. The use adversely affects an employee's job performance;
ii. The use jeopardizes the safety of other employees, the public, or City
facilities;
iii. The use jeopardizes the security of City finances or business records; and/or
iv. The use adversely affects citizen's or the public's trust in the ability of the City
to carry out its responsibilities.
e. Employees undergoing prescribed medical treatment of a controlled substance that
may affect the safe performance of their duties are required to report this treatment
to their supervisor through their personal physician. When possible, employees will
be allowed to retain employment, and may receive a temporary reassignment.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 47
f. The City recognizes that alcoholism and/or drug abuse is a treatable illness. The
City shall not discriminate against employees based on the actual or perceived
nature of an illness. Employees who seek assistance for a substance abuse problem
will not have their job security threatened. Employees who have a substance abuse
related illnesses are offered the same options for referral and treatment that are
afforded to employees having other illnesses.
g. Supervisors who suspect an employee of on-the-job substance abuse will
immediately remove the employee from the work environment. The supervisor may
then either suspend the employee or bring their concerns to the attention of the
department head and/or Human Resources so further action may be taken.
h. An employee who voluntarily seeks treatment for a substance abuse problem, which
requires a leave of absence for treatment, shall be granted such leave of absence and
further shall be eligible for benefits under the specifications of the existing insurance
policy.
i. Nothing in this policy is construed to prohibit the City from its responsibility to
maintain a safe and secure work environment for its employees. The City may, at its
sole discretion, invoke disciplinary actions as appropriate for employee misconduct
related to the use or abuse of alcohol or drugs or both.
j. All testing of blood or urine for the purposes of detecting drug or alcohol use will be
performed in accordance with the provisions of 39-2-207 MCA and 49 CFR 40.
IL PROHIBITED SUBSTANCES:
a. Drugs shallbe 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:
i. alcohol viii. barbiturates
ii. cannaboids/marijuana ix. amphetamines or
iii. cocaine methamphetamines
iv. heroin x. methaqualone
v. opium or opiates xi. mescaline
vi. phencyclidine (PCP) xii. glutethimide
vii. lysergic acid xiii. phenocycladine
diethylamide (LSD) xiv. procyclidine
xv. other controlled substances as defined in Title 50, Chapter 32, Part 2
Montana Code Annotated.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 48
xvi. 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.
xvii. any over-the-counter drug which may impair job performance and safety.
b. 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).
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: May 11, 2000
LAST REVISED: Resolution 5468 - January 3, 2011
SECTION 40-16
SUBJECT: DRUG AND ALCOHOL TESTING
I. PURPOSE:
a. City government provides a 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.
b. 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.
c. The policy of the City is to provide a safe work environment and to protect the
public by ensuring a drug -free workplace.
d. 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
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 49
breath alcohol testing for persons who are subject to Commercial Drivers License
(CDL) requirements and perform safety -sensitive functions.
e. 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.
f. 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.
g. This policy is also intended to comply with, the Montana Workforce Drug and
Alcohol Testing Act, 39-2-205-211, M.C.A.
h. This policy incorporates the requirements under the above regulations.
i. Nothing in this policy is intended to preclude disciplinary action being taken under
existing department policy.
j. A list of definitions is included for easy reference (ATTACHMENT 1)
k. Scope: This policy applies to all City employees, who are subject to CDL
requirements and perform safety sensitive functions. It applies to on -duty time as
well as off -site breaks and lunch periods when an employee is scheduled to return to
work.
II. STATEMENTS OF POLICY:
a. 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.
b. 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.
c. 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:
d. 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.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 50
e. 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.
f. 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.
g. 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.
h. 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.
i. Refusing to immediately submit to an alcohol and drug test when requested by a
supervisor, in accordance with this policy.
j . 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.
k. Refusing to submit to an inspection as described in the Enforcement Section when
requested by a supervisor, in accordance with this policy.
1. Failing to adhere to the requirements of any drug or alcohol treatment program in
which the employee is enrolled:
i. as a condition of continued employment; or,
ii. pursuant to a written agreement between the City and the employee.
in. Violating any criminal drug or alcohol statute while working, or for a conviction
under any criminal drug statute.
n. 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.
o. 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.
p. 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:
i. direct the employee to submit to a drug/alcohol test; or,
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 51
ii. search, with or without employee consent, all areas and property in which
the City maintains control or joint control with the employee.
q. 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.
r. This test will be conducted under the SAMHSA (Substance Abuse and Mental
Health Services Administration) standards and protocols. (See section on Processing
Urine Samples.)
s. The City may utilize both urine, blood and saliva tests for verification. The
"enzyme -immunoassay" (EMIT) and "gas chromatography 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.
t. 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.
u. 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.
v. 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.
w. 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.
x. Reasonable Suspicion: "Reasonable Suspicion" is abelief 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:
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 52
i. Slurred speech;
ii. Irregular or unusual speech patterns;
iii. Impaired judgment;
iv. Alcohol odor on breath;
v. Uncoordinated walking or movement;
vi. Unusual or irregular behavior such as inattentiveness, listlessness,
hyperactivity, hostility or aggressiveness;
vii. Possession of alcohol or drugs.
c. 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.
i. If it is concluded that there is reasonable cause to believe that drug or alcohol
consumption is involved, the supervisor or appropriate manager shall relieve
the employee from duty and have a drug or alcohol test administered.
ii. 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.
y. The supervisor shall immediately notify the department head, or in his/her absence,
the designee. In the event that this person is not available, the supervisor shall
immediately contact the Human Resources Director &/or designee for review.
Upon review, the department head or designee, or in his/her absence the Human
Resources Director &/or designee or designee, may authorize the supervisor to
require a drug test.
z. 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.
aa. 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.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 53
bb. 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:
i. An accident that has resulted in the loss of human life.
ii. An accident in which the driver receives a citation and there is an injury
requiring medical attention away from the scene of the accident.
iii. An accident in which the driver receives a citation and any vehicle in the
accident must be towed from the scene.
cc. 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.
dd. 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 alcohol 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.
ee. A driver is prohibited from consuming alcohol for 8 hours after an accident, or until
he/she has taken a drug and alcohol test.
ff. 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.
gg. 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:
i. Employees will be referred to the EAP program or to other substance abuse
counseling as part of their return to work requirements.
ii. The employee must comply with any recommended rehabilitation.
iii. The employee must have a negative retest before being permitted to return to
work.
iv. Unannounced follow-up tests will be conducted at least 6 times within the
first 12 months after an employee returns to work.
v. Testing may be extended for a period of up to 60 months after return to work.
hh. 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
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 54
approved by the FHWA, including blood/alcohol and saliva tests. 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.
ii. Following authorization for reasonable suspicion or post -accident drug testing, the
supervisor or other authorized person will transport the employee to the designated
laboratory.
i. 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 Human Resources Director &/or designee /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 Human Resources Director
&/or designee /Program Manager shall notify the department head and the
applicant shall be removed from eligibility for hire.
ii. 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.
iii. 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.
iv. 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.
v. 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.
vi. 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.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 55
jj. Results of DrugTesting: esting: 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.
kk. 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
Human Resources Director &/or designee /Program Manager will send a copy of
the drug testing results to the employee's home address.
11. Drugs Tested: The laboratory shall test for the following drugs at levels that meet or
exceed the limits hereafter set forth:
Drug
Screening Level
ConfirmationLevel*
Amphetamines
(Methamphetamines)
1000 ng/ml
500+ ng/ml
Cocaine Metabolites
300 ng/ml
150+ ng/ml
Opiates(Morphine, codeine)
300 ng/ml
300+ ng/ml
PCP (Phencyclidine)
25 ng/ml
25+ ng/ml
THC (Marijuana)
100 ng/ml
15+ ng/ml
Alcohol ----------
0.02**
* SAMHSA specified threshold.
** 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.
mm. Evaluation of Legate: 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:
i. Verification of a valid prescription is not provided and the employee has not
previously notified his or her supervisor;
ii. The prescription provided is not in the subject's name.
nn. 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.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 56
oo. 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 abreath alcohol level ofbelow. 02. Under this policy, abreath 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.
pp. 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.
qq. Positive test results: Employees who have been tested for drugs and alcohol, where
substance abuse was found, shall be suspended pending further investigation which
may include disciplinary action up to and including termination.
rr. 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 lab. If the subject declines a retest, or, the retest confirms the
results of the initial test, the Human Resources Director &/or designee /Program
Manager shall be notified. The Human Resources Director &/or designee
/Program Manager shall notify the department head of the results and a
determination of appropriate action will be made.
ss. Discipline: As with any issue of employee misconduct, an appropriate investigation
and assessment of circumstances will be conducted with guidance from the City
Manager, the City Attorney and Human Resources Director. 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.
tt. Any disciplinary action will be carried out in accordance with City Personnel
Policies, other applicable rules and regulation, and applicable union contract
agreements.
uu. 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.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 57
vv. 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.
ww. 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
xx. 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.
yy. A referral for evaluation by a substance abuse professional is mandatory for CDL
holders when there is a positive test.
d. 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
Human Resources Director &/or designee.
i. A copy of this notice will not be placed in their personnel file, unless
requested by the employee.
ii. The record of the negative results shall be placed in a confidential folder in a
separate, secured file maintained by the Human Resources Department.
iii. There shall be no loss of pay or benefits.
iv. 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.
v. 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 at the employee's expense.
zz. In the case of job applicants (except Police and Fire), the department shall be
notified by the Human Resources Director &/or designee /Program Manager that
the applicant is clear for hire.
aaa. 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 Human
Resources Director &/or designee /Program Manager.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 58
bbb. 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:
i. The information is compelled by law or by judicial or administrative process;
ii. The information has been placed at issue in a formal dispute between the
City and the employee;
iii. The information is to be used in administering an employee benefit plan such
as for drug or alcohol treatment;
iv. The information is needed by medical personnel for the diagnosis or
treatment of the patient (employee) who is unable to authorize disclosure.
ccc. 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:
i. Records of alcohol test results indicating an alcohol concentration of .02 or
greater;
ii. Records of verified positive drug test results;
iii. Documentation of refusal to take required alcohol and/or drug tests;
iv. Evaluations and referrals;
v. Copy of annual report.
vi. Records related to alcohol and drug collection process and training shall be
maintained for a minimum of two years.
vii. 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.
viii. No records containing driver information required by this policy will be
released except as provided as follows:
ix. Upon written request of the employee;
1. Upon written authorization of the employee, records will be disclosed
to a subsequent employer subject to use as specified by the employee;
2. Upon specific, written authorization by the employee, records will be
released to an identified person, for use only as specified by the
employee;
3. 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 worker's compensation,
unemployment compensation or other proceeding relating to a benefit
sought by the driver.
EFFECTIVE: JANUARY 1, 1996 DATE: DECEMBER 18, 1995
REVISED: May 11, 2000
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 59
LAST REVISED: Resolution 5468 - January 3, 2011
DRUG AND ALCOHOL TESTING
(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
- 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
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 60
- 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 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.
EMPLOYEE HANDBOOK
EMPLOYEE CONDUCT SECTION 40 61
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,
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 62
SECTION 50-1
SUBJECT: PERFORMANCE EVALUATION
I. STATE OF POLICY:
a. The Performance Evaluation is an integral part of the City's Pay and Classification
Plan. This plan covers all city employees.
b. A Performance Evaluation system is in place and may be in different formats for
different classes of employees. Some positions then have supplements which relate
to technical areas of their work.
c. Subject to the needs of the department and City, each employee may be evaluated at
least annually.
d. Merit increases may be provided within each pay grade to provide a means of
rewarding meritorious service. All merit increases require the consent of the City
Manager.
e. 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: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 63
SECTION 50-2
SUBJECT: DATE OF HIRE/ANNIVERSARY DATE
L PURPOSE:
To establish definitions and a policy for administering the date of hire and anniversary date
for City employees.
11. STATEMENT OF POLICY:
a. Date of hire shall mean the effective date of the individual's employment with the
City.
b. Anniversary date shall mean the date the employee began his/her employment in
the most recent position.
c. 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.
d. 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.
e. 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.
f. 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 64
SECTION 50-3
SUBJECT: DEMOTIONS
L PURPOSE:
To establish a policy for demotions.
11. STATEMENT OF POLICY:
a. 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 or other business reasons, 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.
b. Demotions do not change the person's date of hire. However, the anniversary date
for future salary increases changes.
c. No employee shall be demoted to a position for which he or she does not possess the
minimum qualifications.
d. An employee being demoted shall be notified two weeks prior to demotion except in
emergency situations.
e. Any demotion to prevent layoffs may be revised when the employee's previous
position is reopened.
f. Persons demoted to new positions may be subject to a trial period for the new
position as outlined in the Probation Policy, unless specifically waived by the City
Manager's Office.
g. 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: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 65
SECTION 50-4
SUBJECT: POSITION DESCRIPTIONS
L PURPOSE:
To provide for position descriptions for all City positions.
11. STATEMENT OF POLICY:
a. Position descriptions and job specifications shall be maintained by the Human
Resources Department for all positions.
b. The position descriptions shall include:
i. Class Title
ii. Pay Grade Number (if applicable)
iii. Union/Non-Union status
iv. Department
v. Division
vi. Effective Date
vii. General Purpose
viii. Supervision Received
ix. Supervision Exercised
x. Examples of Duties
xi. Minimum Qualifications
xii. Special Requirements
xiii. Selection Guidelines
xiv. Approval Signatures.
c. 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.
d. Examples of duties listed in the position description are intended only as illustrations
of the various types of work performed. The omission 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.
e. 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: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 66
SECTION 50-5
SUBJECT: PROMOTIONS
L PURPOSE:
To establish a policy for application and appointment to vacant positions by current
employees.
II. STATEMENT OF POLICY:
a. The City attempts to fill all vacant positions with qualified City employees,
following a policy of upward mobility whenever possible.
b. Employees are encouraged to apply for any vacancy for which they may qualify in
accordance with the Administrative Policy on HIRING PROCESS.
c. 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.
d. 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.
e. 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 Human Resources Department.
f. 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 Human
Resources Department, pursuant to the Administrative Policy on WORKING
OUT -OF -CLASSIFICATION.
g. Unless otherwise provided by union contract, whenever an employee is promoted to
a higher position, or whenever an employee's position is upgraded, said employee
will enter the new grade/position at the entry level of the new position. In the event
the entry level step of the new or upgraded position does not provide a salary
increase of 5% or more, the employee shall enter at the next closest step which
provides a salary increase of 5% or more. The new pay rate, upon promotion, shall
not exceed the maximum of the new pay range.
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 67
h. 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.
i. Persons so promoted will be subject to a trial period as outlined by the Probation &
Trial Period Policy for the new position, unless specifically waived by the City
Manager.
j. 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
REVISED: May 11. 2000
LAST REVISED: Resolution 5468 - January 3, 2011
SECTION 50-6
SUBJECT: RECLASSIFICATION PROCEDURE
L PURPOSE:
To establish City policy and procedures for the request, consideration, and approval of
position reclassification.
11. STATEMENT OF POLICY:
a. 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.
b. It shall be the duty of the Human Resources Department 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.
c. 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 Human Resources Department including justification for the
reclassification, emphasizing changes in position responsibilities or requirements for
qualifications (i.e. experience, education, certifications, etc.).
d. The request will be reviewed by the Human Resources Department. If the request is
justified, the budget impact will be determined, and reviewed by the City Manager,
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 68
who will approve/disapprove the reclassification. If approved, the Human
Resources Department will take the necessary steps to effect the reclassification. No
reclassification involving an upgrade of salary not requested and approved as part of
the budget process will be effected without Council approval.
e. 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.
f. 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.
g. 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 Human Resources
Department.
h. Re -grade 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.
i. 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 City's 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
REVISED: May 11, 2000
LAST REVISED: Resolution 5468 - January 3, 2011
SECTION 50-7
SUBJECT: TRANSFERS
L PURPOSE:
To establish a policy for lateral transfers by City employees.
11. STATEMENT OF POLICY:
a. All openings for City positions will be posted for a minimum of seven calendar days
at each City facility.
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 69
b. 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 Human Resources
Department in accordance with instructions listed on the employment opportunities
notice.
c. 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.
d. The personnel file of the transfer applicant will be made available to the department
head responsible for filling the open position.
e. If the current employee is selected, his/her department head will be advised prior to
the offer being made to the employee.
f. 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.
g. 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.
h. Transferred employees, who are not on initial probation, will serve a trial period in
his/her new position as outlined in the Probation & Trial Period Policy. 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.
i. 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.
j. Transfers may also be initiated by the City in instances where the City's best interests
may be served.
k. Additional information is included in the Administrative Policies on
PROMOTIONS or DEMOTIONS.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: May 11, 2000
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 70
SECTION 50-8
SUBJECT: PAY PERIODS
L PURPOSE:
To establish a uniform pay period schedule for City employees.
II. STATEMENT OF POLICY:
a. It is the goal of the Finance Office that each employee receive correct paychecks on
a consistent schedule.
b. 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.
III. TIME REPORTING PROCEDURE:
a. 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.
b. Supervisors are responsible for certifying that time reports are correct by signing
every time sheet.
c. Time report forms for employees are due in the Finance Office of the Monday
following the Sunday completing the work period for the respective employees.
d. Paychecks for employees are issued on the Thursday following the Monday when
time reports are due in the Finance Office.
IV. SPECIAL PAYROLL CHECKS DUE TO ERRORS:
a. 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.
b. When an incorrect paycheck is issued (either overpayment or underpayment), the
supervisor should notify the Payroll Office 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
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
COMPENSATION SECTION 50 71
SECTION 60-1
SUBJECT: VACATION LEAVE
L PURPOSE:
To outline the policy on vacation leave.
11. STATEMENT OF POLICY:
a. ELIGIBLE EMPLOYEES:
i. Employees who have by statute met the six month qualifying period and are
considered:
1. Regular Full -Time Employees
2. Regular Part -Time Employees (hours earned pro-rata)
3. Temporary Full -Time Employees
4. Temporary Part -Time Employees (hours earned pro-rata)
5. Seasonal Employees (hours earned pro-rata)
b. CALCULATION OF VACATION LEAVE CREDITS:
i. Earned vacation leave credits shall be earned at a yearly rate calculated in
accordance with the following schedule, in which one (1) year equals 2,080
hours of work:
If Part-time, on Leave Without Pay,
or in a not employed status during
Years Employ Credits per Yr portion of pay period
Less than 10 yrs
120 hours
.05770 x hours worked
1 11h yr-15 yrs
144 hours
.06924 x hours worked
16'h yr-20 yrs
168 hours
.08077 x hours worked
Over 20 yrs
192 hours
.09240 x hours worked
ii. Overtime hours are not included in the calculation of vacation credits earned.
iii. When calculating incomplete pay periods and part-time hours, final figures are
rounded off to the hundredth of an hour.
c. RULES APPLIED TO VACATION LEAVE:
i. Employees begin earning leave credits the first day of employment in a j ob which
had pre -scheduled hours to work.
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LEAVE ADMINISTRATION 72
SECTION 60
ii. Hours of work employees must be pre -scheduled to be eligible to earn vacation
leave credits.
iii. Vacation time taken off shall be recorded to the nearest quarter of an hour used.
iv. No vacation leave with pay shall be granted in advance of credits earned.
v. Vacation leave credits will not accrue while on leave without pay status, whether
authorized or not, Family and Medical Leave, or while unable to work during
periods of temporary disability.
vi. Vacation leave must be arranged and approved in advance with the employees'
supervisor. When the interest of the City requires the employees' attendance, the
City's interest overrides the employees'.
vii. Vacation leave credits may be accumulated to a total not to exceed two (2) times
the maximum hours earned annually as of the end of the first pay period of the
next calendar year.
viii. Excess vacation time will not be forfeited if taken, or cashed out, or if retiring or
resigning within ninety (90) calendar days from the last day of the calendar year
in which the excess was accrued.
ix. Employees who have not completed six (6) calendar months continuous
employment upon termination may not cash out their vacation credits.
x. Department heads may authorize vacation leave for employees for care of a
newborn or adopted child.
d. HOLIDAY/VACATION LEAVE
Vacation leave taken over a legal holiday will not be charged against the employees'
accumulated vacation leave total for the legal holiday.
e. VACATION LEAVE/SICK LEAVE
Vacation leave time may be substituted for sick leave time with the consent of the
employee.
f. VACATION LEAVE/OVERTIME
Hours accounted for by leave time (i.e., not physically worked, such as compensatory
leave, sick leave, vacation leave, holiday leave, etc.) shall not be considered hours
worked for the purpose of calculating overtime hours earned in a workweek.
g. EMPLOYEE TERMINATION OR DISMISSAL
An employee who terminates employment for reason(s) not reflecting discredit on
himself/herself shall be entitled to a lump sum payment at the current salary rate at the
time of termination, for unused vacation leave provided the employee has worked the
qualifying period of six (6) continuous calendar months.
h. TRANSFERRED EMPLOYEES
If an employee is transferred between departments, the employee will not be entitled to a
lump sum payment for accrued vacation leave credits. The department receiving the
transferred employee shall assume the liability for the accrued vacation credits earned
and transferred with the employee.
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LEAVE ADMINISTRATION 73
SECTION 60
i. PRIOR SERVICE WITH ANOTHER MONTANA AGENCY
City employees who have been employed with another Montana agency, meaning any
legally -constituted department, board or commission of state, county, or city
government or any political subdivision thereof as defined in Section 2-18-612, MCA,
may use that time towards their vacation accrual rate, provided:
i. The employee obtains a Certification of Prior Employment Hours for Annual
Vacation Leave Rate Earned from the Personnel Department.
ii. The employee sends the form to the former employer(s) and it is certified by the
appropriate governmental agency.
iii. When the Human Resources Department receives the completed certification
form, the employee will receive the additional time towards his or her vacation
accrual rate. For the purpose of determining years of employment, an employee
must be credited with an entire pay period in which he is in a pay status or on an
authorized leave of absence with pay, regardless of the number of hours of
service in the pay period.
1. It is the employee's responsibility to furnish all the necessary information
to the Personnel Department.
j. 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.
k. 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.
EFFECTIVE: Immediately DATE:
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 74
SECTION 60
SECTION 60-2
SUBJECT: SICK LEAVE
L PURPOSE:
a. To outline the policy of sick leave.
II. ELIGIBLE EMPLOYEES:
a. Regular Full -Time
b. Regular Part -Time (hours pro -rated)
c. Temporary Full -Time
d. Temporary Part -Time (hours pro -rated)
e. Seasonal Employees (hours pro -rated).
i. Hours of work for above employees must be pre -scheduled to be eligible to earn
sick leave credits.
f. Regular, seasonal, and temporary employees will be eligible to accumulate sick leave
credits from the first day of employment and use them, with pay, after ninety (90)
days of continuous employment.
III. CALCULATION OF SICK LEAVE CREDITS:
a. Sick leave credits shall be earned at a yearly rate calculated in accordance with the
following schedule, in which one (1) year equals 2,080 hours of work:
i. 40 hours x 52 weeks = 1 year.
b. 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.
Period of Employ
Each 1 year of employment
Not in employed status entire
worked pay period, on leave
without pay, or part-time
employee.
Working Hours Credit
96 hours
0462 x number of hours
c. Overtime hours are not counted in the calculation of sick credits earned.
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 75
SECTION 60
d. When calculating incomplete pay periods and part-time hours, final figures are
rounded off to the hundredth of an hour.
IV. RULES APPLYING TO SICK LEAVE:
a. Sick leave credits accrue from the first day of employment in a position which has
pre -scheduled hours of work.
b. Unless there is a break in service as defined below, 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.
i. "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.
c. Sick leave time taken will be recorded to the nearest quarter of an hour used.
d. No sick leave with pay will be granted in advance of credits earned.
e. Sick leave credits will not accrue while on leave without pay status, whether
authorized or not, Family and Medical Leave, or while unable to work during
periods of temporary disability.
f. The City Human Resources Department, the employee's Supervisor or Department
may request the employee claiming or using sick leave to substantiate their claim
with proper medical certification.
V. SICK LEAVE MAY BE GRANTED FOR:
a. Illness;
b. Injury;
c. Medical disability;
d. Maternity -related disability, including prenatal care, birth, miscarriage, abortion, or
other medical care for either the employee, a child, or spouse.
e. Quarantine resulting from exposure to contagious disease;
f. Medical, dental, or eye examination or treatment;
g. Hospitalization;
h. Necessary care or attendance to an immediate family member or, at the Department
head's discretion, another relative, for the above reasons until other attendance can
be reasonably obtained; and,
i. Death or funeral for an immediate family member, or at the Department head's
discretion, another person.
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LEAVE ADMINISTRATION 76
SECTION 60
VI. HOLIDAY/SICK LEAVE
Sick leave taken over a legal holiday will not be charged against the employee's
accumulated sick leave for the legal holiday. Exceptions may be made for employees
scheduled to work the holiday (i.e., emergency services). Proper medical certification may
be required to substantiate such illness.
VII. SICK LEAVE/VACATION LEAVE
If all sick leave credits have been used, an employee who is eligible, and with the
department head's approval, may use vacation leave.
VIII. SICK LEAVE/OVERTIME
Hours accounted for by leave time (i.e., not physically worked, such as compensatory time,
sick leave, vacation leave, holiday leave, etc.) shall not be considered hours worked for the
purpose of calculating overtime hours earned in a work week.
IX. TERMINATION OF EMPLOYEE
An employee who terminates employment for reasons not reflecting discredit is entitled to a
lump sum payment at the current salary rate at the time of termination equal to one-fourth
(1 /4) of the pay attributed to the accumulated sick leave, provided the employee has worked
the qualifying period of ninety (90) continuous days.
X. ABUSE OF SICK LEAVE
a. The employee sick leave program is designed to provide employees with two
benefits:
i. Available paid leave for a reasonable amount of short-term illnesses, and;
ii. Provide a savings bank of time to ensure available paid leave for long-term
illnesses. Employees are responsible for the appropriate use of their sick leave.
b. In order to ensure that the sick leave program is being utilized for both purposes, all
city employees are monitored to ensure that their use of sick leave benefits are not
abused, this also includes "excessive usage" which is defined as follows:
i. Sick Leave Abuse means misrepresentation of the actual reasons for charging an
absence to sick leave, and may include chronic, persistent, or patterned use of
sick leave not defined as a Family Medical Leave Act (FMLA) qualifying or
American Disabilities Act (ADA) event. Indications of sick leave abuse may
include but are not limited to the following:
A pattern of using sick days the day before, or the day after, regularly
scheduled days off of Holidays.
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LEAVE ADMINISTRATION 77
SECTION 60
2. Continued call -ins for illness on Holidays for which the employee is
scheduled to work.
3. A pattern of sick leave on the same day of the week, or month.
4. A pattern of using sick leave on, or the day after, payday.
5. An employee's use of a majority of or all of his/her earned sick leave, unless
obvious mitigating circumstances are present.
6. Witnessing of an employee's activities while on sick leave which indicates
that he/she is not using sick leave properly; such as recreating, attending
social functions or performing alternative work.
c. Employees who engage in sick leave abuse, and/or show a pattern of failing to
notify their supervisor of absences may be subject to corrective discipline up to and
including discharge.
d. This section would not apply to employees who have depleted their leaves due to
long term confirmed chronic medical problems as defined under FMLA or the
ADA, which may result in numerous absences from their job through no fault of
their own. These cases will be evaluated on a case -by -case basis as to the appropriate
city action.
e. Reprimand and Discipline.
i. Once an employee has been identified as having abusing sick leave usage, as
defined above, the employee normally will first be counseled by their supervisor
advising them of the policy related to abuse of sick leave.
ii. Absences improperly charged to sick leave may, at the agency'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 agency.
iii. Continued abuse following the first counseling session will result in discipline up
to and including discharge as provided in 2-18-618, MCA, and forfeiture of the
lump -sum payment.
XI. TRANSFERRED EMPLOYEES
If an employee is transferred between departments, the employee will not be entitled to a
lump sum payment for accrued sick leave credits.
a. The department receiving the transferred employee shall assume the liability for the
accrued sick leave credits transferred with the employee.
XIL DONATION OF SICK AND VACATION LEAVE
a. Employees who are eligible to use their accrued sick or vacation leave may donate
sick and vacation leave hours to be used by another employee who does not have
sufficient leave credits to remain in an active pay status during an extended absence
due to illness or injury.
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LEAVE ADMINISTRATION 78
SECTION 60
b. Donating employees may donate sick or vacation leave hours on a one -for -one basis.
This donation cannot result in a budget deficit or request for supplemental funding
by the recipient's department.
c. The donation is based on the number of hours (credits), not on rate of pay.
d. One donated credit will be subtracted from the donating employee's sick or vacation
accruals for every credit added to the recipient employee's sick leave credit
accumulation.
e. Employees may donate up to twenty (20) hours of sick and/or vacation leave to an
individual employee, and up to forty (40) hours total sick and vacation leave during
a twelve-month period.
f. Donating employees must have minimum balance of one hundred sixty (160) hours
of sick leave credit remaining after the contribution. There is no minimum balance
for vacation leave.
g. The donation of credits, once made, cannot be rescinded by the donating employee,
subject to the qualification in paragraph 6, below.
h. Credits not used by the recipient employee will be returned to the donating
employee when the recipient employee returns to work, completes his/her
recuperation, or terminates employment with the City. Credits will be returned in
the reverse order of their donation.
i. Employees may receive a total of 240 credit hours of donated sick leave per twelve-
month period. For purposes of this section, the twelve-month period begins with the
pay period of the first draw of donated leave.
XIII. RECEIPT OF DONATED SICK VACATION LEAVE.
a. One sick leave credit will be added to the recipient employee's sick leave account for
every sick and vacation leave credit donated.
b. An employee may receive a total of 240 credit hours of donated leave credits per
twelve-month period.
c. To be eligible to receive donations of sick leave credits, an employee:
i. Must be eligible to use sick leave;
ii. Must have an illness, injury, or other qualifying condition, as described in
Section 60-02(C), that results in absence of at least ten working days;
iii. Must have exhausted all other accrued paid leave and compensatory time;
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 79
SECTION 60
iv. Must have their department head's approval for the leave. The Department head
may require medical certification;
v. Must not be eligible for Worker's Compensation benefits; and,
vi. Must be an employee of the City of Kalispell.
XIV. 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.
XV. SICK LEAVE REQUESTS:
a. 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.
b. The employee's immediate supervisor or department head may require medical
certification of sick leave charged against any sick leave credits.
c. Medical certification may also be required to certify that the illness of a family
member required the immediate attention of the employee.
d. Medical certification of maternity -related sick leave must be obtained in the same
manner and under the same conditions as certification for other sick leave.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 80
SECTION 60
SECTION 60-3
SUBJECT: PERSONAL DAY
I. PURPOSE:
a. To provide for the uniform administration of Personal Days
11. STATEMENT OF POLICY:
a. After one year of service with the City, regular full-time employees are entitled to
paid time off for one (1) personal leave day per fiscal year and regular part-time
employees will receive paid time off on a pro-rata basis.
b. This is a non -accrual day per fiscal year and must be scheduled three (3) days in
advance with the employee's supervisor. Granting of the day's leave to an employee
is contingent upon the work being covered by the remainder of the employees in the
department so that no substitute help will have to be hired.
EFFECTIVE: Immediately DATE: September 15, 2003
Resolution #4832
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LEAVE ADMINISTRATION 81
SECTION 60
SECTION 60-4
SUBJECT: HOLIDAYS AND HOLIDAY PAY
L PURPOSE:
To provide for the uniform administration of City holidays.
II. 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.
III. CITY -RECOGNIZED LEGAL HOLIDAYS:
a. New Year's Day, January 1
b. Martin Luther King Day, third Monday in January
c. Presidents' Day, third Monday in February
d. Memorial Day, last Monday in May
e. Independence Day, July 4
f. Labor Day, first Monday in September
g. Veterans' Day, November 11
h. Thanksgiving Day, fourth Thursday in November
i. The Day After Thanksgiving Day
j. Christmas Day, December 25
k. State General Election Day (Even numbered years)
1. Good Friday, 2 hours
IV. 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.
V. 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 the holiday in the same pay period or as soon as possible in the following pay
period.
VI. 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: Resolution #4832 - September 15, 2003
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 82
SECTION 60
SECTION 60-5
SUBJECT: LEAVE OF ABSENCE WITHOUT PAY
I. PURPOSE:
a. To establish procedures by which an employee may request a voluntary leave of
absence from employment with the City.
b. To establish conditions under which approved requests for a voluntary leave of
absence are administered.
c. To formalize past city practice regarding employment of city employees on extended
temporary disability leave, resulting from work -related illness or injury to the
employee.
II. STATEMENT OF POLICY:
a. Voluntary Leaves Without Pay -Employee "Sabatticals.
i. Requests for a voluntary leave of absence without pay shall be in writing and
shall state specifically the reasons for the request, the date desired to begin
the leave, and the date of return. The request shall normally be submitted by
the employee to the affected department head. The department head shall
recommend to the City Manager whether the request should be granted,
modified, or denied. The City Manager shall then make a decision based
upon the best interest of the City, giving due consideration to the reasons
given by the employee, and the requirements of any applicable state and
federal laws.
ii. The City Manager may grant a full-time regular employee a leave of absence
without pay not to exceed ninety (90) days for non -medical purposes.
Non -medical leave is unpaid leave time for career advancement, personal or
family situations. Such leaves may be granted after vacation accrual has
been exhausted. Sick leave accruals may not be used for non -medical leaves.
iii. No sick leave, holiday, vacation benefits or any other fringe benefits shall
accrue while the employee is on leave of absence without pay.
iv. All time in leave of absence is credited toward an employee's service time for
the purpose of determining their earning rates. Service to the City is not
interrupted by authorized leave of absence.
v. Time on leave of absence is not allowed in computing service time for
retirement purposes under Public Employees' Retirement System.
vi. Any employee on an approved leave of absence may continue his or her
medical, dental and optical insurance coverage by paying the full cost to the
City in advance for each month or portion thereof for which he or she is
absent, subject to limitations set by the insurance carrier.
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 83
SECTION 60
vii. Upon expiration of the leave of absence, the employee shall be reinstated in
the position held at the time the leave was granted or another equivalent
position.
viii. Upon extenuating circumstances, the appointing authority may grant an
extension of a leave period upon written request by the employee. Such
extension may not exceed three months and will be based on departmental as
well as employee considerations.
ix. Employees who fail to return to work on the date specified in the leave
request without receiving an extension in advance are subject to disciplinary
action up to and including termination.
b. Extended leaves of absence resulting from work -related illness or injury.
i. Leaves of absence for temporary disability resulting from work -related illness
or injury lasting more than thirty (30) consecutive days, shall be considered
extended disability leaves of absence without pay under this policy.
ii. Any city employee suffering a work -related illness or injury for which
Worker's Compensation wage loss benefits are paid for more than thirty (30)
consecutive days, shall be entitled to request a leave without pay for up to
twelve (12) months, inclusive of leave time permitted under the city's policy
for Family and Medical Leave (FMLA). Medical certification of the
condition shall be submitted to the city and may be executed by a person
licensed by the State of Montana to practice medicine, osteopathy, podiatry,
dentistry, clinical psychology, optometry, or chiropractic, or by a nurse
practitioner or nurse midwife authorized by State law, or Christian Science
practitioners appropriately listed.
iii. Such extended leave requests shall be made, in writing, to the affected
employee's department head, who will then review and forward such request
to the City Manager, together with a recommendation, taking into
consideration the affected department's staffing needs and burdens placed on
other employees. The City Manager shall then make a decision regarding the
employee's status based upon the best interest of the City, giving due
consideration to the reasons given by the employee, and the requirements of
any applicable state and federal laws.
iv. Extended temporary disability leave without pay will be considered or
granted only after the affected employee has exhausted all accrued sick leave,
vacation leave, compensatory time, and FMLA benefits.
v. If granted, the employee shall submit physician re -certifications of the
medical condition no more than once each thirty (30) days while on leave.
vi. Re -certifications may be obtained earlier than every thirty (30) days i£
1. circumstances described by the previous certification have changed
significantly (e.g., duration, frequency, or severity of the condition);
or
2. the employer receives information that casts doubt on the employee's
stated reason for the absence.
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 84
SECTION 60
vii. Before returning to work, the employee must receive full medical clearance
from a physician confirming his ability to perform all necessary duties of his
former position.
viii. It is a condition of employment with the City, that the employee be able to
perform essential duties of his job. If, after the affected employee has been
on extended leave for a period of twelve (12) consecutive months the affected
employee is unable to obtain the required medical clearance and there exists
no reasonable accommodation(s) as defined by the American Disabilities Act
without undue hardship on the City and employee, the employee's position
will be deemed vacated by the City and his employment with the City will be
terminated.
ix. If the injured employee is capable of returning to work within two (2) years
from the date of occupational illness or injury and has received a medical
release to return to work, the employee will be entitled to reapply for job
openings with the City, and will be and will be given preference over other
applicants for a comparable position that becomes vacant if the position is
consistent with the worker's physical condition and vocational ability.
c. Other rules applicable to extended disability leave.
i. No sick leave, holiday, vacation benefits or any other fringe benefits shall
accrue while the employee is on disability leave of absence without pay.
ii. All time in disability leave of absence is credited toward an employee's
service time for the purpose of determining their earning rates. Service to the
City is not interrupted by authorized leave of absence
iii. Time on disability leave of absence is not allowed in computing service time
for retirement purposes under Public Employees' Retirement System.
iv. Any employee on an approved disability leave of absence may continue his
or her medical, dental and optical insurance coverage by paying the
employee's share of the cost to the City in advance for each month or portion
thereof for which he or she is absent, subject to limitations set by the
insurance carrier.
d. Upon expiration of the disability leave of absence, the employee shall be reinstated
in the position held at the time the leave was granted or another equivalent position.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 85
SECTION 60
SECTION 60-6
SUBJECT: ABSENCE WITHOUT LEAVE
L PURPOSE:
To establish a policy of absences from work without permission.
11. STATEMENT OF POLICY:
a. "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.
b. 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.
c. 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 86
SECTION 60
SECTION 60-7
SUBJECT: MILITARY LEAVE
L PURPOSE:
a. 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.
11. STATEMENT OF POLICY:
a. The City of Kalispell shall comply with all provisions outlined in the Uniformed
Services Employment and Reemployment Rights Act (USERRA, 38 USC Sec. 4301,
[4321] et seq) as well as all relevant state laws (to include Montana Military Service
Employment Rights Act, MCA 10-1-1001 to 10-1-1027 et seq) as well as all relevant
state laws covering members of the Montana Army and Air National Guard.
b. An employee who is a member of the Montana National Guard or any United
States military force or Reserve Corps and who has been an employee for a period of
six months shall be given leave of absence with pay for a period of time not to
exceed 15 working days in a calendar year. It can be for attending regular
encampments, training cruises, and similar training programs of the military forces
of the United States.
i. This leave will not be charged against the employee's annual vacation time.
Employees employed less than six months are entitled to unpaid leave for the
purposes listed above.
ii. Military leave does not include regularly scheduled drills (Active Duty for
Training - ADT).
iii. An employee can carry over a maximum of 15 days into the next fiscal year.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: May 11, 2000
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
LEAVE ADMINISTRATION 87
SECTION 60
SECTION 60-8
SUBJECT: JURY DUTY
L PURPOSE:
a. To provide for the uniform administration of employees serving on juries.
11. STATEMENT OF POLICY:
a. 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.
b. Fees paid to the employee for such appearances shall be turned in to the City
Human Resources Department or the employee may take annual leave and retain
the fee. Employees may keep reimbursements for parking, mileage and meals.
c. 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 88
SECTION 60
SECTION 60-9
SUBJECT: FAMILY AND MEDICAL LEAVE
I. Purpose
a. This policy outlines the basic procedures governing Family and Medical Leaves.
Family and Medical leaves are unpaid, job -protected leaves of absence by employees
for child care, personal medical care, family medical care and certain other
circumstances.
b. This policy is intended to implement the Federal Family and Medical Leave Act
("FMLA"), as amended which became effective on January 16, 2009. It is intended
to be interpreted and applied consistently with those laws.
II. Eligibility
a. An employee will be eligible to seek a Family and Medical Leave i£
i. the employee has worked for the City for at least twelve (12) months; and,
ii. the employee has worked for the City for at least 1,250 hours during the 12
months;
iii. In certain circumstances, separate periods of employment are aggregated for
purposes of meeting the 12-month requirement. Additionally, any time that
the employee would have worked for the City but for his or her Armed
Forces (including National Guard or Reserve) obligations is counted toward
the 1,250 hour requirement for Family and Medical Leave.
iv. The employee and spouse, if both employed by the City, are each eligible for
up to twelve (12) weeks FMLA leave to care for a covered service member
with a serious injury or illness, and for the birth and care of a newborn child,
for placement of a child for adoption or foster care, or to care for a parent
who has a serious health condition.
The FMLA defines a child ("son or daughter") as a "biological,
adopted, or foster child, a stepchild, a legal ward, or a child of a
person standing "in loco parentis", who is (A) under 18 years of
age; or (B) 18 years of age or older and incapable of self -care because
of a mental or physical disability."
a. "In loco parentis" is commonly understood to refer to a
person who has put himself in the situation of a lawful parent
by assuming the obligations incident to the parental relation
without going through the formalities necessary to legal
adoption. The FMLA regulations further defines "in loco
EMPLOYEE HANDBOOK
RISK SECTION 70 89
parentis" as including those with day-to-day responsibilities to
care for and financially support a child.
2. Individuals claiming in loco parentis may be required to submit in
writing confirming this status with the child.
III. Types of Family and Medical Leaves
For purposes of this policy, the term "Family and Medical Leave" refers to the leaves of
absence under the FMLA. Eligible employees may qualify for any of six types of Family
and Medical Leaves. Throughout this policy, the terms "Family and Medical Leave" and
"FMLA Leave" refer to any of the following six types of leaves:
a. Pregnancy Leave
i. An employee may take Pregnancy Leave due to incapacity due to pregnancy,
prenatal medical care or child birth.
ii. Pregnancy leave will run concurrently with FMLA leave.
b. Birth, Adoption and Child Care Leave
i. An employee may take a Birth, Adoption and Child Care Leave to care for
his or her child after birth, or for placement with the employee of a child for
adoption or foster care. The leave must be completed within 12 months of
the child's birth, adoption or foster care placement.
c. Family Illness Leave
i. An employee may take a Family Illness Leave to care for a seriously ill or
injured spouse, parent or child.
ii. The illness or injury must be a "serious health condition" within the meaning
of the FMLA, a term which is defined below.
iii. If the leave is for the care of a child, the child must either be under age 18 or
be unable to care for himself or herself due to a mental or physical disability.
d. Employee Illness Leave
i. An employee may take an Employee Illness Leave because of a serious
health condition that makes the employee unable to perform his or her job.
e. Qualifying Exigency Leave
i. An eligible employee is eligible for up to a total of 12 work weeks of unpaid
leave during the normal 12-month period established by the City for FMLA
leave for qualifying exigencies arising out of the fact that the employee's
spouse, son, daughter, or parent is on active duty, or has been notified of an
impending call or order to active duty, in support of a contingency operation.
EMPLOYEE HANDBOOK
RISK SECTION 70 90
Under the terms of the statute, qualifying exigency leave is available to a
family member of a military member in the National Guard or Reserves; it
does not extend to family members of military members in the Regular
Armed Forces. Qualifying exigencies include:
1. Issue arising from a covered military member's short notice
deployment (i.e., deployment on seven or less days of notice) for a
period of seven days from the date of notification;
2. Military events and related activities, such as official ceremonies,
programs, or events sponsored by the military or family support or
assistance programs and informational briefings sponsored or
promoted by the military, military service organizations, or the
American Red Cross that are related to the active duty or call to
active duty status of a covered military member;
3. Certain childcare and related activities arising from the active duty or
call to active duty status of a covered military member, such as
arranging for alternative childcare, providing childcare on a non -
routine, urgent, immediate need basis, enrolling or transferring a child
in a new school or day care facility, and attending certain meetings at
a school or a day care facility if they are necessary due to
circumstances arising from the active duty or call to active duty of the
covered military member;
4. Making or updating financial and legal arrangements to address a
covered military member's absence;
5. Attending counseling provided by someone other than a health care
provider for oneself, the covered military member, or the child of the
covered military member, the need for which arises from the active
duty or call to active duty status of the covered military member;
6. Taking up to five days of leave to spend time with a covered military
member who is on short-term temporary, rest and recuperation leave
during deployment;
7. Attending to certain post -deployment activities, including attending
arrival ceremonies, reintegration briefings and events, and other
official ceremonies or programs sponsored by the military for a period
of 90 days following the termination of the covered military member's
active duty status, and addressing issues arising from the death of a
covered military member;
8. Any other event that the employee and employer agree is a qualifying
exigency.
ii. FMLA leave may be taken intermittently whenever medically necessary to
care for a covered service member with a serious injury or illness. FMLA
leave also may be taken intermittently for a qualifying exigency arising out of
the active duty status or call to active duty of a covered military member.
When leave is needed for planned medical treatment, the employee must
EMPLOYEE HANDBOOK
RISK SECTION 70 91
make a reasonable effort to schedule treatment so as not to unduly disrupt the
employer's operation.
iii. Under certain conditions as noted below, employees or employers may
choose to "substitute" (run concurrently) accrued paid leave (such as sick,
comp, personal day or vacation leave) to cover some or all of the FMLA
leave.
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. The leave must be completed within one
year of the birth or placement of the child. The leave shall be unpaid
unless it qualifies under the sick leave policy or unless the employee
elects to use accrued vacation leave, accrued comp time or their
annual "personal holiday", for part or all of such leave.
2. FMLA Leave which qualifies for sick leave shall be paid leave to the
extent that the employee has accrued sick leave credits. When an
employee has exhausted accrued sick leave, FMLA leave shall be
unpaid leave, except that the employee may elect to use accrued
vacation leave for part or all of the unpaid leave.
f. Military Caregiver Leave
i. An employee who is a spouse, son, daughter, parent, or next of kin of a
covered service member with a serious injury or illness up to a total of 26
workweeks of unpaid leave during a "single 12-month period" to care for the
service member.
ii. A covered service member is a current member of the Armed Forces,
including a member of the National Guard or Reserves, who is undergoing
medical treatment, recuperation, or therapy, is otherwise in outpatient status,
or is otherwise on the temporary disability retired list, for a serious injury or
illness.
iii. A serious injury or illness is one that was incurred by a service member in the
line of duty on active duty that may render the service member medically
unfit to perform the duties of his or her office, grade, rank, or rating.
iv. The "single 12-month period" for leave to care for a covered service member
with a serious injury or illness begins on the first day the employee takes
leave for this reason and ends 12 months later, regardless of the 12 month
period established by the employer for other types of FMLA leave. An
eligible employee is limited to a combined total of 26 workweeks of leave for
any FMLA-qualifying reason during the "single 12-month period." (Only 12
of the 26 weeks total may be for a FMLA-qualifying reason other than to
care for a covered service member.)
EMPLOYEE HANDBOOK
RISK SECTION 70 92
IV. Serious Health Condition
a. A "serious health condition" is an illness, injury impairment or physical or mental
condition that involves either an overnight stay in a medical care facility or
continuing treatment by a health care provider for a condition that either prevents
the employee from performing the essential functions of the employee's job or
prevents the qualified family member from participating in school or other daily
activities.
b. Subject to certain conditions, the continuing treatment requirement maybe met by a
period of incapacity or more than three consecutive calendar days combined with at
least two visits to a health care provider or one visit and a regimen of continuing
treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition.
Other conditions may meet the definition of continuing treatment.
V. Notice and Scheduling of Leave and Related Employee Responsibilities
a. Required Information
i. Employees who seek a Family and Medical Leave must provide sufficient
information for the Human Resources Department to determine if the leave
may qualify for FMLA protection and the anticipated timing and duration of
the leave. Sufficient information may include that the employee is unable to
perform job functions; the family member is unable to perform daily
activities, or the need for hospitalization or continuing treatment by a health
care provider or circumstances supporting the need for a Qualifying Exigency
Leave or a Military Caregiver Leave. Employees must also inform the
Human Resources Department if the requested leave is for a reason for which
a Family and Medical Leave was previously taken or certified. Failure to
provide sufficient information may result in denial of leave.
ii. Employees will also be required to provide a certification and periodic
recertification supporting the need for leave. Unless a longer period is
specified, a medical certification or recertification must be completed and
returned to the City within fifteen (15) days of the City's request. Moreover,
employees on leave may be contacted periodically for updates concerning
their status and intent to return. Employees are expected to be fully
responsive to such requests for updates.
b. Advance Notice of Foreseeable Leave
Except as otherwise provided below, employees must provide 30 days' advance
notice of the need to take a Family and Medical Leave with the need for the leave is
foreseeable. When 30 days' notice is not possible, the employee must provide notice
as soon as practicable.
EMPLOYEE HANDBOOK
RISK SECTION 70 93
c. Form of Notice of Foreseeable Leave
An employee requesting Family and Medical Leave shall submit a "Leave of
Absence Application" to his or her department head. Upon notification of the leave
request, the Human Resource Department will forward the "Certification of Health
Care Provider" or the "Certification for Serious Injury or Illness of Covered Service
Member for Military Caregiver Leave" to the employee. This form must be returned
to the Human Resources Department within 15 calendar days.
i. The certification shall be filed on a form provided by the Human Resources
Department;
ii. Recertification shall be filed on the same form by the employee anytime that
the employee seeks and extension to his or her leave or every six months;
iii. The information required on the "Leave of Absence Application" form is the
only information that may be requested by the Department head to support
the leave request.
iv. The "Certification of Health Care Provider" form(s) may be executed by a
person licensed by the State to practice medicine, osteopathy, podiatry,
dentistry, clinical psychology, optometry, or chiropractic, or by a nurse
practitioner or nurse midwife authorized by State law, or Christian Science
practitioners appropriately listed.
v. The "Certification for Serious Injury or Illness of Covered Service Member
for Military Caregiver Leave" must be completed by a United States
Department of Defense (DOD) Health Care Provider or a Health Care
Provider who is either:
1. a United States Department of Veteran's Affairs (VA) health care
provider;
2. a DOD Tricare network authorized private health care provider; or,
3. a DOD non -network Tricare authorized private healthcare provider.
d. Scheduling of Foreseeable Leaves
If an employee plans to take a Family Illness Leave, an Employee Illness Leave or
Military Caregiver Leave because of planned medical treatment, the employee must
make an effort to schedule the treatment to reduce the disruption to the City, subject
to the health care provider's approval. An employee should generally consult with
his or her supervisor to explore alternatives to reduce disruption to the City.
e. Notice of Unforeseeable Leave
When a Family Illness Leave, an Employee Illness Leave, Military Caregiver Leave
or Qualifying Exigency Leave is needed due to a reason that was not foreseeable, the
employee should give the Human Resources Department verbal or written notice as
soon as he or she reasonably can. As soon as practicable, the written notices set
forth above in paragraphs V.C.(1) — (5), shall be completed by the employee
requesting unforeseeable leave.
EMPLOYEE HANDBOOK
RISK SECTION 70 94
f. Effect of Insufficient Notice
An employee's failure to give adequate notice may delay, or may result in the denial
of, the employee's right to take Family and Medical Leave.
VI. Confirmation of Leave
a. The City will inform employees who request Family and Medical Leave whether
they are eligible for a leave that is covered by the FMLA within five (5) business
days, absent extenuating circumstances. If they are, the Human Resources
Department will send a "Notice of Eligibility and Rights & Responsibilities" form to
the employee.
b. If they are not eligible and the leave is denied, the reason will be stated on the form.
If the leave is approved, the Human Resources Department will forward a
"Designation Notice" to the employee.
VII. Length of Leave and Restoration Rights
a. In General
i. In general, expect for those employees taking Military Caregiver Leave, an
employee will be entitled to a maximum of 12 weeks of Family and Medical
Leave during any 12-month period. The 12-month period is a "rolling"
period measured backward from the date an employee uses any leave under
this policy. Each time an employee takes any Family and Medical Leave,
the remaining leave entitlement will be any balance of the 12 weeks that has
not been used during the immediately preceding 12 months.
ii. In the case of Military Caregiver Leave, an employee is entitled to a
maximum of 26 weeks of leave in the 12-month period beginning on the first
day that the employee takes this form of leave and ending 12 months later.
b. Nature of the Leave
i. Unless otherwise approved, a Birth, Adoption and Child Care Leave must be
taken at one time and must be taken before the end of the 12-month period
beginning on the date of the child's birth or placement. The other Family
and Medical Leaves may be taken through either a reduced working schedule
or intermittently if such an arrangement is medically necessary, or if the City
approves such an arrangement in its sole discretion.
ii. If an employee is entitled to a Family Illness Leave, an Employee Illness
Leave or a Military Caregiver Leave or if the employee is permitted to work
on a reduced work schedule or intermittent basis, the City may transfer the
employee temporarily to a position for which he or she is qualified and which
EMPLOYEE HANDBOOK
RISK SECTION 70 95
has equivalent pay and benefits if the alternative position would better
accommodate the recurring leaves than the employee's regular position. Use
of intermittent or reduced schedule leave is measured in increment of one
hour.
iii. Qualifying Exigency Leave may also be taken on an intermittent basis.
c. Restoration Rights
i. In General
At the end of a Family and Medical Leave, an employee will generally have
the right to return to his or her last position before the leave or to an
equivalent position with equivalent benefits, pay, accumulated seniority,
retirement, fringe benefits, service credits and other terms and conditions of
employment. In returning from any of these leaves, the employee will not
lose any benefit rights, such as vacation, to the extent that those benefit rights
accrued before the leave period. However, an employee returning from
Family and Medical Leave will not acquire greater rights to a position than
any other employee in the event positions are eliminated during his or her
leave.
ii. Extension of Leave
In the event that a Family and Medical Leave is extended beyond a level
totaling 12 weeks of leave over 12 months (or 26 weeks in the case of
Military Caregiver Leave), the leave will become "personal leave" and the
City will consider the possibility of restoration but will not guarantee
restoration. The determinations regarding whether to grant an extension and
to grant restoration after an extension will be made in the City's sole
discretion after considering factors such as the purpose of the leave extension,
the employee's length of service, the employee's overall employment record,
the employee's position, and the City's assessment of its needs. For details
on the duration of and procedures associated with personal leave, see the
"Leaves of Absence Without Pay" section of this manual.
iii. Certification Before Return
Before an employee may return from an Employee Illness Leave that has
continued at least 90 calendar days, the employee's health care provider may
be required to certify that the employee is able to resume his or her job. The
cost of the certification shall be borne by the employee and the employee is
not entitled to be paid for the time or travel costs spent in acquiring the
certification.
EMPLOYEE HANDBOOK
RISK SECTION 70 96
VIII. Pay and Benefits
a. Pay
i. Family and Medical Leaves shall be recorded on time sheets are it is taken.
Family and Medical Leaves are not paid leaves. However, an employee may
substitute a paid leave for which the employee is eligible for an otherwise
unpaid leave. Such a substitution will be counted against the employee's use
of leave. The leave will remain subject to all protections that would apply if
the leave was taken on an unpaid basis. For example, if the Family and
Medical Leave is paid leave from accrued vacation or sick leave, it shall be
recorded as both on the time sheet and deducted from both. Family and
Medical Leave will run concurrently with vacation or sick leave and time off
for worker's compensation injuries. Employees who seek paid leave will
need to meet the notice and qualification requirements under the paid leave
policy.
ii. If no other paid leave is available but an employee is eligible for accrued paid
leave such as vacation pay or paid personal days, the employee will be
required to use that accrued leave during a leave under this policy until that
leave is exhausted.
b. Maintenance of Health Benefits
i. During a Family and Medical Leave, the City will continue the employee's
health insurance coverage, provided that the employee pays for the regular
employee share of such coverage on a timely basis as if he or she had
remained actively employed. During any paid leave, the employee share of
the premiums will be deducted from the employee's pay. During the unpaid
portion of a Family and Medical Leave, the employee will be required to pay
the employee's share by delivering the payment so that it is received by the
City no later than the established date as determined by the payroll
department.
ii. If the employee fails to return from the leave, the City may be entitled to
recover from the employee the portions of the health insurance premiums
that were paid by the City with respect to the unpaid leave. The City will be
entitled to recover these amounts unless the employee's failure to return was
due to a serious health condition (within the meaning of the FMLA) or if
there are other circumstances beyond the employee's control. If the
employee states that he or she is unable to return from the leave because of a
serious health condition, the City may require the employee to provide a
medical certification.
IX. Medical Records
Documents relating to medical certifications, recertifications of employees or employees'
family members will be maintained separately and treated as confidential medical records,
except that in some legally recognized circumstances, the records (or information in them)
EMPLOYEE HANDBOOK
RISK SECTION 70 97
may be disclosed to supervisors or Department heads, first aid and safety personnel, or
government officials.
X. FMLA Violations and Enforcement
a. Unlawful Actions by Employers
The FMLA makes it unlawful for any employer to:
i. Interfere with, restrain, or deny the exercise of any right provided under the
FMLA; or,
ii. Discharge or discriminate against any person for opposing any practice made
unlawful by the FMLA or for involvement in any proceeding under or
related to the FMLA.
b. Enforcement
i. An employee may file a complaint with the U.S. Department of Labor or
may bring a private lawsuit against an employer.
ii. The FMLA does not affect any Federal or State law prohibiting
discrimination, or supersede any State or local law or collective bargaining
agreement which provides greater family or medical leave rights.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: Resolution #4832 - September 15, 2003
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
RISK SECTION 70 98
SECTION 70-1
SUBJECT: DRIVER'S LICENSES
L 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.
11. STATEMENT OF POLICY:
a. Any employee whose work requires that he/she drive City vehicles must hold a
valid Montana State Driver's License.
b. 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. A report indicating a suspended or revoked
license status may be cause to deny or terminate employment.
c. 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.
d. 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 99
SECTION 70-2
SUBJECT: EMERGENCY CONDITIONS
L PURPOSE:
To establish a policy for reporting to work in the event of emergency conditions.
11. 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:
i. 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.
ii. 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.
2. 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 non-exempt 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: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
RISK SECTION 70 100
SECTION 70-3
SUBJECT: INSURANCE CLAIMS
L PURPOSE:
To establish procedures for the handling of insurance claims against the City.
II. 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 Human Resources Director
&/or designee.
3. Claims for damages presented to the City shall be referred to the Human Resources
Director &/or designee for filing.
III. 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 Human Resources Director &/or designee within one (1) day. Items reported
should include any property damage occurring during work for the City, no matter
how small.
2. The Human Resources Director, who is the acting risk manager &/or designee is
responsible for receiving all damage claims against the City and referring them to the
City Manager and filing them appropriately with the City's insurance carrier.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: May 11, 2000
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
RISK SECTION 70 101
SECTION 70-4
SUBJECT: MINIMUM QUALIFICATION FOR THE OPERATION OF CITY -OWNED
MOTOR VEHICLES AND PRIVATELY -OWNED VEHICLES WHILE
CONDUCTING OFFICIAL BUSINESS
I. PURPOSE:
To ensure an acceptable standard of proficiency and safety is met by each employee who
operates City -owned motor vehicles.
II. STATEMENT OF POLICY:
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 Human Resources
Department. 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 responsible department head may
deny further authorization to operate a vehicle while representing the City.
EMPLOYEE HANDBOOK
RISK SECTION 70 102
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 70 103
SECTION 70-5
SUBJECT: SAFETY AND ACCIDENT PREVENTION
L PURPOSE:
To establish guidelines and lines of responsibility for maintaining a safe and healthy work
environment.
11. STATEMENT OF POLICY:
a. The City of Kalispell has a safety program and complies with the Montana Safety
Culture Act. Relevant safety regulations are addressed in the City of Kalispell's
Safety and Health Manual which is by delegating safety responsibilities, establishing
procedures, providing training, inspecting workplaces, and providing/requiring the
use of safety equipment, etc. The Safety and Health Manual is the main reference
for safety and health rules and regulations for the city. The Safety and Health
Manual may be changed as needed to ensure compliance with laws, rules and
regulations or address recognized safety concerns. The goal; to provide safe working
conditions for all employees.
b. If an employee notices a potential hazard, they should repair the hazard if they are
capable and qualified or they should promptly refer the problem to the supervisor,
City Manager, or the Human Resources Director and/or their designee.
c. Employees must use safe driving habits and wear seat belts while traveling in city
owned vehicles/equipment or on behalf of the City of Kalispell. Employees should
not operate or use equipment if they are not authorized or do not have the
appropriate licensure.
d. If an employee sustains an injury while on the job, they should notify their
supervisor or the and/or their designee as soon as possible after the injury occurred
and prior to leaving work for the day, if possible. An Injury/Illness Report must be
completed and the incident must be documented in writing by the injured employee
and/or witnesses as soon as possible following the injury.
e. It is the responsibility of all employees to cooperate in making the safety program
work.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
RISK SECTION 70 104
SECTION 70-6
SUBJECT: EARLY RETURN -TO -WORK (ERTW) PROGRAM
L PURPOSE:
To establish a policy and procedure whereby an employee who is injured on-the-job, may
return to work as soon as medically appropriate to a temporary position with modified work
duties.
11. STATEMENT OF POLICY:
a. The City strives to promote a successful recovery from any work -related injury of
illness and has set up these guidelines for supervisory personnel to follow when a
position may be temporarily modified to accommodate the injured employee's
physical limitations, thereby allowing him or her to return to work at the earliest,
medically appropriate date.
b. The Human Resources Director &/or designee, the injured employee, and the
employee's supervisor working in conjunction with the employee's physician shall, if
medically appropriate, work to implement a program that will meet the needs of the
injured employee and the City that will permit the employee's return to a transitional
employment position. At no time will an employee be assigned to perform work that
may be could pose a safety and/or health risk to themselves or others.
c. Transitional employment includes only short-term duties having some or all of the
following characteristics:
i. Limited physical ability requirements;
ii. Can be taught to the injured employee quickly;
iii. May be subject to a flexible work schedule, including shortened workdays;
iv. Will minimize exposure of the worker to further injury and will not slow
down the worker's recovery time.
v. The Human Resources Director &/or designee shall communicate with the
injured employee's physician to obtain a return -to -work recommendation
detailing physical limitations of the employee and the physician's estimated
return to work date for both full duties and modified duties. Upon receipt of
the physician's recommendation, the Human Resources Director &/or
designee shall work with the employee's supervisor to develop a transitional
employment program, if medically feasible. This may include reducing the
number of hours worked in a shift or redesigning duties to create safe,
meaningful, productive work for the employee.
vi. Steps in Transitional Employment shall be as follows:
1. The job duties of the transitional position shall be communicated to
the employee. The employee shall have the opportunity to suggest
adjustments to accommodate the employee's needs and restrictions.
EMPLOYEE HANDBOOK
RISK SECTION 70 105
Job duties shall be reviewed and modified when appropriate, as the
employee's condition improves.
2. Once the job description is approved, the offer of transitional
employment shall be extended to the injured employee.
a. Transitional employment
designated start date and
employee's return to work.
is temporary and must have a
end date set at the time of the
b. The end date may be extended if the employee requires
additional time to recover, or the employee may be assigned to
other transitional duties with a specific start and end date.
c. Transitional employment assignments will normally not
exceed a term of forty-five (45) days. In extraordinary cases,
the temporary assignment may be extended for an additional
forty-five (45) days. In no event will the assignment be
extended beyond ninety (90) days.
d. At any time it appears the employee is not showing sufficient
improvement in their condition, they are to placed back on
sick leave to allow them additional recovery time.
The employee must notify the Worker's Compensation Claims
Adjuster of the offer so any adjustment to benefits may be made. This
adjustment occurs whether the employee accepts the offer of
employment or not.
4. The City will notify the Claims Adjuster when the employee accepts
or refuses the offer for the purpose of calculating benefits adjustments.
If the injured employee refuses an offer of transitional employment,
it is possible that the employee may lose benefits paid by Worker's
Compensation Transitional employment does not include
performance of normal job duties which the injured employee may be
capable of performing during his recovery. For example, attending
mandatory training and educational programs is considered part of
the employee's regular duties for which the employee will receive
normal compensation. These will not be deemed to be transitional
employment.
d. Department heads and Supervisors are key players in promoting safety at work,
encouraging workers to return to their jobs, keeping costs associated with accidents
and work -related illnesses low, and managing the work so productivity is not lost
while the employee is temporarily disabled.
EFFECTIVE: Immediately DATE: September 15, 2003
Resolution #4832
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
RISK SECTION 70 106
SECTION 80-1
SUBJECT: TRAVEL EXPENSES WHILE ON CITY BUSINESS
L PURPOSE:
To establish policy guidelines on City reimbursement for expenses while on City business.
II. 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.
III. APPROVAL FOR TRAVEL:
Employees traveling on City business must have approval by the department head and City
Manager prior to leaving.
IV. PAYMENT FOR TRAVEL EXPENSES:
a. 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.
b. 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.
V. REIMBURSABLE EXPENSES:
a. One -day travel expenses
i. 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.
ii. 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.
b. Multiple -day travel expenses
i. Mileage (at I.R.S. allowed rate), meals, actual lodging costs subject to the
City Manager's approval (for employee only), air fare, tips and taxi or other
EMPLOYEE HANDBOOK
RISK SECTION 70 107
transportation. Any miscellaneous expense related to work or business
travel.
ii. 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.
c. Registration or tuition fees
d. Long distance phone calls related to City business while in travel status (limited to
one reasonable length call home when away overnight).
e. 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, non-receiptable lodging facilities are utilized, the amount of $12
per day will be authorized. No receipt will be required.
VI. GUIDELINES FOR RATES ALLOWED BY THE CITY:
a. Meals
i. In -State and Out -of State Travel
A per diem rate not to exceed the amount allowed pursuant to
Section 2-18-501(1), M.C.A.
2. 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.
VII. NON -ALLOWABLE EXPENSES:
a. Laundry, cleaning, or valet services (except on trips of over one week duration).
b. Tobacco.
c. Alcoholic beverages.
d. Entertainment.
e. Personal telephone calls to home (limited to one reasonable length call home when
away overnight).
f. First class travel accommodations when economy or coach class are available.
g. Meals and lodging in lieu of other meals and/or lodging the expense of which is
included in the registration fee.
h. Fines, forfeitures or penalties.
i. Rental vehicles except as pre -approved by the City Manager.
j. Expenses of a spouse or other non -employee.
k. Loss or damage to personal property.
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 108
1. Barber, beauty parlor, shoe shine or toiletries.
m. Personal postage.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 12, 2000
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 109
SECTION 80-2
SUBJECT: SPECIAL LICENSES AND MEMBERSHIP FEES
L PURPOSE:
To establish guidelines for the request and approval of special licenses and membership fees.
11. STATEMENT OF POLICY:
a. 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 organization 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.
b. 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.
c. Membership in outside organizations shall be in the name of the City, if possible.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED:
SECTION 80-3
SUBJECT: LAWSUITS AGAINST THE CITY
L STATEMENT OF POLICY:
a. The Mayor, City Manager, or Finance Director are the only authorized employees
to accept any legal process served against the City. If an employee is approached by
a process server, the employee should direct the server to the Finance Director
without signing anything.
b. 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 Adjutant City Attorney
and the affected employee's supervisor.
EFFECTIVE: Immediately DATE: May 3, 1994
LAST REVISED: May 12, 2000
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 110
SECTION 80-4
SUBJECT: TRAINING PROGRAMS, INCLUDING SEMINARS OR CONVENTIONS
L PURPOSE:
To promote and facilitate training and career education which meets the dynamic needs of
the City.
II. 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.
III. STATEMENT OF POLICY:
a. 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.
b. Employees are encouraged to continue their formal education through participation
in off-duty/non-working hours educational programs.
c. 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.
i. 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.
ii. 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 or trial period.
iii. 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.
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 111
d. It is the policy of the City to maximize comprehension, retention and transference of
training provided by the City.
e. This policy is subject to and limited by the conditions of an affected employee's labor
contract.
IV. PROCEDURES:
a. Attendance at training programs will be approved at the Department Head level,
except as follows:
b. Attendance at a training program involving out-of-state travel by an employee
requires approval by the City Manager prior to registration.
c. 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.
d. All outside training and conference attendance shall be processed through the
Training Attendance Request Form and processed as instructed thereon. (sample
attached)
e. Any dispute regarding eligibility or the level of reimbursement may be appealed to
the Human Resources Director &/or designee for resolution.
f. City -sponsored and required training shall generally be arranged during regularly
scheduled work hours. A Department Head or their designee 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.
g. Employees who acquire training on their own time and expense are encouraged to
notify the Human Resources Director &/or designee so the information can be
noted in the employee's personnel file.
h. Approval for State Training Academy course work for uniformed police officers and
firefighters shall be at the discretion of the appropriate department head. Records of
such training shall be maintained in the employee's personnel file.
i. The Human Resources Director &/or designee shall maintain an employee training
history, and shall periodically audit training attendance and policy compliance.
EFFECTIVE: Immediately DATE: May 3, 1994
REVISED: April 27,1995
LAST REVISED: Resolution 5468 - January 3, 2011
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 112
SECTION 80-5
SUBJECT: USE OF CITY COMPUTERS AND INFORMATION NETWORK
L STATEMENT OF POLICY:
With the increased use of technology affecting the daily operation of city offices, there is
also an increased need to protect the integrity and security of our data and network
infrastructure. The purpose of this policy is to establish general guidelines for the
appropriate use of the city's information system network (ISN) and standards of conduct for
its users.
II. Roles And Responsibilities
a. Each department head is responsible for ensuring an adequate level of security for all
data within their department. When using the City's information system resources,
users are responsible for:
i. Being knowledgeable of and honoring acceptable use policies of networks or
systems accessed through the City's ISN or the Internet;
ii. Honoring existing federal, state, and local telecommunications and
networking laws, regulations or policies;
iii. Not using the City's ISN to obtain, store, or distribute confidential material,
such as confidential court records, personnel records, or mailing lists, in a
manner not approved by policy or state law;
iv. Reporting to the appropriate authority the violation of the network
acceptable use policy;
v. Honoring copyright laws and City policy regarding protected commercial
software or intellectual property;
vi. Minimizing unnecessary network traffic that might interfere with the ability
of others to make effective use of this shared resource.
vii. Protecting the integrity and security of the City's Information System
infrastructure by:
1. not attempting to circumvent or defeat security systems;
2. not permitting any unauthorized individual to access the City's ISN;
3. using passwords and changing passwords on a regular basis on all
systems that require their use;
4. protecting your password to prevent its discovery and use by others;
5. refraining from using another user's system or attempting to access
unauthorized data or resources;
6. refraining from viewing, damaging, modifying, or deleting other
users' files or communications without appropriate authorization or
permission; and,
7. making every effort to prevent the introduction of viruses into the
City's ISN by actions such as using disks created on other systems or
EMPLOYEE HANDBOOK
MISCELLANEOUS SECTION 80 113
down -loading files onto systems not protected by appropriate virus
protection software.
III. Applicability
a. This Policy is applicable to departments, staff and all others with the City of
Kalispell, including outsourced third -parties (such as contractors, or other service
providers), who have access to, or use or manage information assets subject to the
policy and standard provisions of §2-17-534 MCA. This Policy shall be
communicated to staff and others who have access to or manage information, and
information systems and assets.
b. This policy applies to personal computers, other computing devices, and accessory
equipment that store electronic data, information, and software programs.
IV. Scope
a. This Policy encompasses information and information systems for which agencies
have administrative responsibility, including information and systems managed or
hosted by third -parties on agencies' behalf.
b. This Policy may conflict with other information system policies currently in effect.
Where conflicts exist, the more restrictive policy governs. The development of future
policies or standards will specifically identify and retire any superseded portions of
current policies or standards.
V. Requirements
a. Each user of the City of Kalispell's computing and information resources should
realize the fundamental importance of information resources and is responsible for
the safe keeping of these resources.
b. Users and system administrators must guard against abuses that disrupt or threaten
the viability of all systems, including those on the City or State network and those on
networks to which State systems are connected.
c. Each user is responsible for having knowledge of the City of Kalispell's policies
concerning security and care for their computer. It is the responsibility of the City of
Kalispell to educate its management and staff about these policies; to educate its
employees about the dangers of computer abuse and its threat to the operation of the
City of Kalispell's computer network; and educate its management and staff about
proper ethical behavior, acceptable computing practices, and copyright and licensing
issues.
d. Each user of the City of Kalispell's computing and information resources must act
responsibly. Each user is responsible for the integrity of these resources.
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e. All users of City -owned or leased computing systems must be knowledgeable of and
adhere to department/agency policies, respecting the rights of other users by
minimizing unnecessary network traffic that might interfere with the ability of others
to make effective use of this shared network resource, respect the integrity of the
physical facilities and controls, and obey all federal, state, county, and local laws and
ordinances.
f. All employees must abide by these policies, relevant laws and contractual
obligations, and appropriate ethical standards.
g. City of Kalispell computing facilities/equipment and UserIDs are to be used for the
job -related activities for which they are assigned. Computing resources are not to be
used for private or commercial purposes, non -City -related activities (including games
or software that is not required for an employee's job responsibilities), or non-
City/State standard software. Exceptions can be granted by ITSD for the use of
software for which a standard exists.
i. Acceptable Uses of the City's ISN include but are not limited to:
1. The conduct of appropriate government business and the delivery of
government services;
2. The support of training, administration, research and grant
procurement, and grant administration;
3. The increased participation of citizens in government affairs; and,
4. The communication and exchange of professional information.
ii. Prohibited and/or misuse of City's ISN include but are not limited to:
1. Using computer resources to create, access, download, or disperse
derogatory, racially offensive, sexually offensive, harassing,
threatening, or discriminatory materials.
2. Down -loading, installing, or running security programs or utilities
which reveal weaknesses in the security of the state's computer
resources unless a job specifically requires it.
3. Use of computers and user IDs for which there is no authorization, or
use of user IDs for purpose(s) outside of those for which they have
been issued.
4. Attempting to modify, install, or remove computer equipment,
software, or peripherals without proper authorization. This includes
installing any non -work related software on State-owned equipment.
Accessing computers, computer software, computer data or
information, or networks without proper authorization, regardless of
whether the computer, software, data, information, or network in
question is owned by the State.
5. Circumventing or attempting to circumvent normal resource limits,
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logon procedures, and security regulations.
6. The use of computing facilities, User IDs, or computer data for
purposes other than those for which they were intended or
authorized.
7. Sending fraudulent email, breaking into another user's email box, or
unauthorized personnel reading someone else's email without his or
her permission.
8. Sending any fraudulent electronic transmission, including but not
limited to fraudulent requests for confidential information, fraudulent
submission of electronic purchase requisitions or journal vouchers, or
fraudulent electronic authorization of purchase requisitions or journal
vouchers.
9. Violating any software license agreement or copyright, including
copying or redistributing copyrighted computer software, data, or
reports without proper, recorded authorization.
10. Taking advantage of another user's naivete or negligence to gain
access to any User ID, data, software, or file that is not your own and
for which you have not received explicit authorization to access.
11. Physically interfering with other users' access to the State's computing
facilities.
12. Encroaching on or disrupting others' use of the State's shared network
resources by creating unnecessary network traffic (for example,
playing games or sending excessive messages); wasting computer
time, connect time, disk space, or other resources; modifying system
facilities, operating systems, or disk partitions without authorization;
attempting to crash or tie up a State computer; damaging or
vandalizing State computing facilities, equipment, software, or
computer files).
13. Disclosing or removing proprietary information, software, printed
output or magnetic media without the explicit permission of the
owner.
14. Reading other users' data, information, files, or programs on a display
screen, as printed output, or via electronic means, without the owner's
explicit permission.
15. Knowingly transferring or allowing to be transferred to, from or
within the agency, textual or graphical material commonly considered
to be child pornography or obscene as defined in 45-8-201(2), MCA.
16. Using computer resources to access and communicate via social
networking type sites without the knowledge and permission from the
Department Head, Human Resources and the Information
Technology Department. Examples of social networking sites are
Facebook, Twitter, MySpace, Linedin.
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VI. Privacy and Ownership
a. Employees should not have expectations of privacy for Internet use or e-mail.
Administrators or management personnel can monitor Internet usage for planning
and managing network resources, performance, troubleshooting purposes, or if
abuses are suspected. The City will block or limit access to websites whose content
and services degrade available network resources. E-mail content should be
considered a public record and subject to the same rules as printed material. All the
City's ISN components purchased and supported by the City and the data contained
on those systems are considered to be the property of the City of Kalispell.
VII. Enforcement
a. Immediately upon implementation of this policy, Department supervisors will be
responsible to provide a copy of this policy to, and collect signed consent forms from
all employees who have access to the City's Information Systems Network.
b. An employee who violates any provision of this policy shall be subject to
disciplinary action up to and including discharge.
c. In the event that an individual who violates this policy is not appropriately
disciplined for violations of this policy, the City Manager reserves the right to
terminate the responsible parry's access to the City ISN.
VIII. Virus Introduction —Loss of Privileges and Disciplinary Action
a. When an e-mail or Internet -carried virus is activated on the City's Information
System Network, the City will investigate the incident to determine whether the user
should be held responsible. In the event that the investigation demonstrates fault by
the user, the investigator shall communicate that finding to the City Manager,
Department Head and Human Resources. If the City Manager concludes that the
user is responsible, that user shall lose Internet access or e-mail privileges as follows:
i. On the first occasion, the user's Internet access or e-mail privileges will be
removed (with incoming e-mail be redirected to another user designated
by the Department head) for a period of 15 days.
ii. On the second occasion, the user's Internet access or e-mail privileges will be
removed (with incoming e-mail redirected to another user designated
by the Department head) for a period of 45 days.
iii. On the third occasion, the user's Internet access or e-mail privileges will be
removed permanently.
b. When an e-mail or Internet carried virus is activated on the City's computer system
and, after investigation, it is determined that the employee was at fault and loss of
Internet or e-mail access results, the Department head may submit the matter for
consideration of further disciplinary action.
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c. In the event that an employee's Internet access or e-mail use is removed permanently
under this section, and this action seriously impacts the employee's ability to
perform his/her assigned tasks, the employee may be reassigned or terminated by
the department head in accordance with the city's policy on discipline, Section 40-9.
IX. Consent Form
a. All City of Kalispell employees or contractors with the City who have access to the
Internet, email, or other online services, will be required to either sign a consent
form indicating that they have knowledge of and will comply with the city's policies
and procedures in regards to the use of computing resources or;
b. In lieu of the consent form, city employees by receiving and signing receipt of the
City's Personnel Policy Handbook will also be considered to have given consent to
comply with this policy.
c. Sample Consent Form
I have read the State of Montana's computer use
policies and agree to comply with all terms and conditions. I agree that all network
activity conducted while doing State business and being conducted with State
resources is the property of the State of Montana.
I understand that the State reserves the right to monitor and log all network activity
including email and Internet use, with or without notice, and therefore I should have
no expectations of privacy in the use of these resources.
Signed
X. Reporting And Disciplinary Action
a. Users will cooperate with system administrator requests for information about
computing activities; follow agency procedures and guidelines in handling diskettes
and external files in order to maintain a secure, virus -free computing environment;
follow agency procedures and guidelines for backing up data and making sure that
critical data is saved to an appropriate location.
b. Users will report unacceptable use and other security violations to their immediate
supervisor or department head, or system administrator.
c. Misuse of the state's computer resources may result in an agency taking disciplinary
action appropriate to the misuse, up to and including termination.
EFFECTIVE: Immediately DATE: September 15, 2003
Resolution #4832
LAST REVISED: Resolution 5468 - January 3, 2011
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SECTION 80-6
SUBJECT: BREAST FEEDING IN THE WORKPLACE
1. PURPOSE:
To provide for women returning from maternity leave who wish to continue breastfeeding
or expression of milk for their children.
2. STATEMENT OF POLICY:
Women returning from maternity leave who wish to continue breastfeeding or
separate expression of milk for their child(ren) will be provided a private space
(other than a toilet stall) with suitable lighting and electricity if necessary for
pumping apparatus. The selection of the space will be made on a case -by -case
basis in consultation with the employee. Standard break times will be primarily
utilized with additional unpaid break time provided as mutually agreed upon.
Additionally, the City will make every effort to provide suitable facilities for milk
storage during the employee's daily work period. All requirements listed in MCA
39-2-215, 39-2-216, 39-2-217, whether or not specifically listed here, will be
complied with.
NEW POLICY - EFFECTIVE: Resolution 5468 - January 3, 2011
SECTION 80-8
SUBJECT: PRIVATE USE OF PUBLIC FACILITIES AND EXPECTATIONS
OF PRIVACY BY CITY EMPLOYEES
PURPOSE:
To reduce liabilities and establish a policy for the private use of City of Kalispell
Property and the expectations of privacy of city employees. Employees are to
understand that the City of Kalispell is a public entity and to that end there is to be
no expectations of privacy.
11 STATEMENT OF POLICY:
a. The use of City of Kalispell property or any of its facilities or equipment for personal
and/or private use is not allowed without the consent of the director of that
department and the City Manager.
b. The City of Kalispell reserves the right to search the contents of City -owned vehicles,
structures, equipment, and furniture of any kind, including offices, desks, lockers,
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files and file cabinets, at any time and for any reason that is on City property. All
City employees are therefore strongly encouraged to refrain from storing on or in
City -owned property any personal article (including personal correspondence) they
wish to protect from inspection by City officials. By accepting (continued)
employment, each employee of the City is deemed to have consented to
unannounced searches of his/her work area upon request.
NEW POLICY - EFFECTIVE: Resolution 5468 - January 3, 2011
SECTION 80-9
SUBJECT: PROCUREMENT POLICY
PURPOSE:
The City of Kalispell acquires goods and services in a manner that clearly complies with
state law and all applicable ordinances, rules and policies. The City favors competitive
bidding to the extent practical, and bidding shall be done in an open competitive manner
that is accessible to interested Vendors
II SCOPE:
The purchasing system shall operate through the City Purchasing Department under the
direction and supervision of the City Clerk. All purchases that fall under the guidelines
of this manual must be approved by City Purchasing and all contracts are required to be
on file in the City Clerk's office.
III GENERAL RULES AND PROCEDURES:
a. City Purchasing establishes rules and procedures to enforce City codes and to
favor competitive bidding.. City Departments may have additional procedures
to monitor and control purchase requests and Department compliance. To ensure
compliance with purchasing rules, those making purchases must be familiar with
purchasing requirements and procedures. Refer to the City Clerk's office for the
comprehensive policy and procedure.
b. Departments shall ensure that those employees who are authorized to purchase
for the Department are familiar with procurement policies and procedures.
c. Piggybacking on other public agency contracts can achieve efficiency, easier
access, and greater volume discounts. City Purchasing encourages piggyback
opportunities. The City Manager or designee has the authority to sign Interlocal
Agreements to allow such shared use.
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d. To ensure proper disposal of all City property, City Purchasing manages the
City's surplus property program. All purchases that include a surplus or trade-in
action require prior approval by City Purchasing.
e. The City shall follow the State's Prevailing Wage requirements. For
procurements that include service work, Prevailing Wages may apply. City
Purchasing shall enforce Prevailing Wage requirements on Blanket Contracts or
Purchase Orders issued by City Purchasing.
f. City Departments purchase directly without City Purchasing:
g. Emergency Purchases: The affected City Department determines what must be
purchased to respond to an emergency, and who will make the purchase during
the emergency.
h. Goods or Services less than $5,000: The Department may buy goods or services
less than
i. $5,000 (each purchase) with a Purchase Order.
IV *NOTE: Purchases may not be broken into multiple projects or purchases to avoid
compliance with State statutes and City policies.
NEW POLICY - EFFECTIVE: Resolution 5468 - January 3, 2011
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