2017-03-13 · City Council · Agenda Packet · March 13, 2017 City Council Meeting · Agenda Packet

City of Stockbridge Bringing People Together STOCKBRIDGE CITY COUNCIL Mayor Judy Neal Mayor Pro Tem Anthony S. Ford Councilman Elton Alexander Council Meeting Agenda March 13, 2017 6:00 PM Councilman John Blount Councilwoman LaKeisha Gantt Councilwoman Neat Robinson CITY MANAGER Michael Harris CITY CLERK Vanessa Holiday Council Chamber 2nd Floor DEPUTY CLERK Randi Rainey 4640 N. Henry Blvd. Stockbridge, GA 30281 Website: www.cityofstockbridge.com CITY ATTORNEY Michael Williams Phone: 770­389­7900 Fax: 770­389­7912 AGENDA COUNCIL MEETING CITY OF STOCKBRIDGE MONDAY, MARCH 13, 2017 6:00 PM Mayor & City Council Judy Neal, Mayor Anthony S. Ford, Mayor Pro Tem Elton Alexander, Councilman John Blount, Councilman LaKeisha Gantt, Councilwoman Neat Robinson, Councilwoman I. Call to Order II. Roll Call Administration Michael Harris, City Manager Vanessa Holiday, City Clerk Randi Rainey, Deputy City Clerk Michael Williams, City Attorney Present Absent Mayor Pro Tem Ford Councilman Alexander Councilman Blount Councilwoman Gantt Councilwoman Robinson III. Invocation­ Pastor Danang Rockett­ Ambassadors for Christ Ministries IV. Pledge of Allegiance V. Adoption of the Agenda VI. Adoption of Minutes for 1/9/2017 and 1/31/2017 Draft Minutes of January 9, 2017 Draft Minutes of January 31, 2017 REVIEW OF CEREMONIAL PRESENTATIONS PUBLIC COMMENTS All persons wishing to speak for public comment must sign in with the City Clerk prior to the beginning of the meeting. You must sign your name, address, and phone number. You will be able to address the Mayor and Council for three (3) minutes. Page | 3 OLD BUSINESS Item # 1 ­ PUBLIC HEARING Request for amendment of the City's Zoning Code in regards to brick facade Presented by: Michael Williams, City Attorney and Bill Johnson (Code Consultant) Item # 2 ­ Council Consideration to approve recommendation for Branding & Marketing Firm Presented by: Michael Harris, City Manager NEW BUSINESS Item # 3 ­ Council Consideration to approve Employee Manual Update Presented by: Renee Wheeler, Human Resources Manager CITY MANAGER'S COMMENTS CITY COUNCIL COMMENTS MAYOR'S COMMENTS March 13, 2017 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389­7900 Page | 4 ANNOUNCEMENT OF UPCOMING MEETINGS & EVENTS All meetings will be held at City Hall unless otherwise noted. Meeting dates and times are subject to change. Please check the city's website www.cityofstockbridge.com or contact City Hall offices at 770.389‐7900 for information. UPCOMING OFFICIAL CITY MEETINGS Meeting will be held at City Hall unless otherwise noted. Meeting dates and times are subject to change. Please visit the city’s website www.cityofstockbridge.com, Facebook page or contact City Hall offices at 770.389‐7900 for updates and detailed information.  Stockbridge Zoning Advisory Board Meeting – Thursday, March 23, 2017 at 6:00 p.m. at City Hall in the Levi Meeting Room.  Downtown Development Authority Board Meeting – Monday, March 27, 2017 at 6:00 p.m. at City Hall in the Levi Meeting Room  Council Work Session – Tuesday, March 28, 2017 ‐ 6:00 p.m. ‐ City Hall Chamber. UPCOMING COUNCIL MEMBER COMMUNITY MEETINGS AND/OR INITIATIVES  Senior Fun Day – Hosted by Councilwoman Gantt – Wednesday, March 22, 2017 at the Ted Strickland Community Center from 2 p.m. ‐ 5 p.m.  Coffee w/a Cop – Hosted by Mayor Pro Tem Ford‐ April 1, 2017 from 8:30 a.m. – 10:00 a.m. at Bridgeview Country Diner – N. Henry Blvd. Stockbridge, GA UPCOMING CIVIC EVENTS  Paint Henry Blue, Kick‐Off Campaign in Stockbridge, Thursday, March 30, 2017 at 6:00 p.m. at the Merle Manders Conference Center 111 Davis Rd. Stockbridge. EXECUTIVE SESSION (Exemptions to the Georgia Open Meetings Acts) Motion to Adjourn. March 13, 2017 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389­7900 The City of Stockbridge Employee Manual Effective Dear New Employee: Congratulations on being selected for your new position with the City of Stockbridge! We would like to be one of the first to welcome you to your new job with the City. Starting a new job is sometimes unsettling and a little confusing. This Employee Manual has been developed to communicate the City’s policies, procedures, expectations, and standards of conduct, as well as our values, goals, objectives, and other information to you. We will attempt to give advance notice of any changes or additions, although there may be occasions when policies or procedures are changed without advance notice. As an employee of the City, the importance of your contribution cannot be overstated. Our goal is to provide the finest quality services to the citizens and businesses in the City and to do this efficiently and effectively. You are an important part of this process because your work directly impacts and influences the services provided by the City, as well as the City’s reputation and how the City is perceived by its citizens, businesses, and other branches and levels of government. We are pleased that you have joined us and trust that you will find your job as part of our team, to be both challenging and rewarding. Sincerely, Michael C. Harris Judy B. Neal Michael C. Harris, City Manager Judy B. Neal, Mayor Table of Contents Statement of Our Mission ............................................................................................................ 1 Chapter One: Equal Employment Opportunity........................................................................................... 3 Section 100.000 EEO Policy ....................................................................................................... 3 Section 110.000 Prohibited Conduct ......................................................................................... 3 Section 130.000 Sexual or Other Unlawful Harassment ......................................................... 3 Section 140.000 Americans with Disabilities Act ..................................................................... 3 Section 150.000 Immigration Law Compliance ....................................................................... 4 Chapter Two: Complaint Procedure ........................................................................................................... 7 Section 200.000 Complaint Procedure ...................................................................................... 7 Section 210.000 Retaliation Prohibited ..................................................................................... 7 Section 220.000 Review of Complaint ....................................................................................... 7 Section 230.000 Intentionally False Claims .............................................................................. 7 Chapter Three: Recruitment and Selection ................................................................................................. 8 Section 300.000 Filling Vacant Positions .................................................................................. 8 Section 310.000 Recruitment for Vacant Positions .................................................................. 8 Section 320.000 Employment Application Forms .................................................................... 8 Section 340.000 Disqualification ................................................................................................ 8 Section 350.000 Selection............................................................................................................ 9 Section 360.000 Appointment of Positions and Department Heads ....................................... 9 Section 370.000 Employment of Relatives .............................................................................. 10 Section 380.000 Approved Exceptions from Vacancy Announcements .............................. 10 Chapter Four: Employment Policies and Procedures ............................................................................... 11 Section 400.000 At-Will Policy................................................................................................. 11 Section 410.000 Introduction Period ....................................................................................... 11 Section 420.000 Reduction in Force ........................................................................................ 11 Section 430.000 Fraternization Policy..................................................................................... 12 Section 440.000 Workplace Violence Policy ........................................................................... 12 Section 450.000 Drug and Alcohol Free Workplace Policy .................................................. 13 Section 450.700 Consumption of Alcohol While Off Duty at City Events ........................... 15 Section 460.000 Use of Technology Resources ....................................................................... 15 Section 470.000 Use of Personal Mobile Devices.................................................................... 18 Section 480.000 Social Media Policy ....................................................................................... 18 Section 490.000 Political Activity ............................................................................................ 19 Section 4000.000 Inclement Weather and Emergency Circumstances ................................ 20 Section 4100.000 Safe Driving Policy ...................................................................................... 21 Section 4200.000 Emergency Procedures Policy .................................................................... 23 Section 4300.000 Outside Employment................................................................................... 24 Section 4400.000 Confidential Information ............................................................................ 24 Section 4500.000 Gifts and Gratuities ..................................................................................... 24 Section 4600.000 Use and Return of City Property ............................................................... 24 Section 4700.000 Dress Code ................................................................................................... 25 Section 4800.000 Children at Work ………………………………………………………….26 Chapter Five: Types of Appointments ...................................................................................................... 27 Section 500.000 Regular Appointments .................................................................................. 27 Section 510.000 Temporary Appointments ............................................................................ 27 Section 520.000 Limited Term Appointments ....................................................................... 27 Section 530.000 Emergency Appointments ............................................................................ 27 Section 540.000 Re-Employment (Break in Service) ............................................................. 27 Chapter Six: Compensation and Performance .......................................................................................... 28 Section 600.000 Overtime ......................................................................................................... 28 Section 610.000 Meal/Break Periods ....................................................................................... 28 Section 620.000 Work Weeks and Hours of Work ................................................................ 28 Section 630.000 Performance Reviews .................................................................................... 28 Section 640.000 Compensation Administration ..................................................................... 29 Section 640.100 Compensation Policy ..................................................................................... 29 Section 640.200 Pay Ranges ..................................................................................................... 29 Section 640.300 Pay Increases ................................................................................................. 29 Section 650.000 Recording Your Time ................................................................................... 29 Section 660.000 Pay Period ...................................................................................................... 30 Section 670.000 Payroll Deductions ........................................................................................ 30 Chapter Seven: Employee Expectations ................................................................................................... 31 Section 700.000 Employee Privacy Policy .............................................................................. 31 Section 710.000 Search and Inspection of City Property ...................................................... 31 Section 720.000 Code of Conduct ............................................................................................ 31 Section 730.000 Progressive Discipline ................................................................................... 32 Section 740.000 Bulletin Boards/Solicitation & Distribution ............................................... 34 Chapter Eight: Employee Benefits............................................................................................................ 35 Section 800.000 Employee Benefits ......................................................................................... 35 Section 810.000 Health, Dental and Vision Insurance........................................................... 35 Section 820.000 Life Insurance ................................................................................................ 35 Section 830.000 AFLAC ........................................................................................................... 35 Section 840.000 Deferred Compensation Plan ....................................................................... 36 Section 840.000 Disability Insurance ...................................................................................... 36 Section 850.000 Retirement...................................................................................................... 36 Section 860.000 Social Security ............................................................................................... 36 Chapter Nine: Types of Leave .................................................................................................................. 37 Section 900.000 Holidays .......................................................................................................... 37 Section 910.000 Leave and Attendance ................................................................................... 38 Section 910.100 Purpose ............................................................................................... 38 Section 910.200 Eligibility ............................................................................................ 38 Section 910.300 Accrual of Annual Leave .................................................................. 38 Section 910.400 Carry Over of Annual Leave........................................................... 39 Section 910.300 Prior Accrued Leave ..................................................................................... 39 Section 910.400 Carryover of Annual Leave …………………………………… ............... 39 Section 910.500 Submission and Approval of Leave Request ............................................. 39 Section 920.000 Jury, Civil, and Voting Leave ..................................................................... 40 Section 940.000 Military Leave ............................................................................................... 40 Section 950.000 Sick Leave ..................................................................................................... 41 Section 960.000 Family and Medical Leave Act (FMLA) .................................................... 43 Section 970.000 Workers’ Compensation ............................................................................... 45 Section 980.000 Donated Leave…...…………………………………………………………46 Chapter Ten: Separations .......................................................................................................................... 48 Section 1000.000 Types of Separation..................................................................................... 48 Section 1100.000 Return of City Property .............................................................................. 48 Section 1200.000 Notice of Resignation .................................................................................. 48 Section 1300.000 Job References ............................................................................................. 48 Section 1400.000 Job Abandonment …………………………………………………… ….48 The City of Stockbridge Statement of Philosophy and Mission Statement of Our Vision To be the most progressive business and family oriented community in Metro Atlanta with a focus on enhanced Quality of Life initiatives which promote a sustainable “Live, Work, Play” environment. Statement of Our Mission To provide visionary leadership and superior municipal services that enhance the quality of life for citizens while creating a welcoming business atmosphere focused on sustainability and expansion of tourism and cultural events. Statement of our Values • • • • • Professionalism Excellence Adaptability Communications Ethics We will act in a way that promotes peace and unity. 1 The City of Stockbridge Purpose of the Manual This Manual is designed as an advisory guide to assist the City and its supervisors with the effective management of personnel. The guidelines contained in this Manual are not binding on the City and may be changed, interpreted, modified, revoked, suspended, terminated, or added to by the City, in whole or in part, at any time, at the City’s sole option, and without prior notice to employees. This Manual is not meant to address every conceivable situation or issue that may arise in the workplace or to create specific policy to be applied in every instance. Instead, this Manual is intended only to give supervisors general advice concerning personnel decisions. Of course, this Manual and any practice or policy of the City will be applied consistent with all applicable laws and regulations. This Manual revokes, replaces, and supersedes any prior Manuals, policies, or procedures previously in place and makes ineffective any verbal or written representations contrary to this Manual, unless expressly approved by the City Council. Nothing in this Manual is intended to, nor shall it be construed to create, a contract of employment of any kind or a property right or entitlement to employment, continued employment, or any specific terms or conditions of employment. Nothing in this Manual is intended to provide any assurance of continued employment. The only exception to this policy is a written employment agreement approved at the discretion of the City Council. Otherwise, all employment with the City is at will and for no specific period of time and may be terminated at any time and for any reason or no reason at all, with or without advance notice. 2 Chapter One: Equal Employment Opportunity Section 100.000 EEO Policy The City is committed to maintaining a workplace that is free of inappropriate or unlawful conduct on the basis of race, color, religion, sex, gender, national origin, age, disability, veteran status, genetic information, or other protected status as provided by law. In keeping with this commitment, the City prohibits the unlawful treatment of employees, including harassment, discrimination, and retaliation, by anyone, including any supervisor, coworker, contractor, subcontractor, vendor, or citizen of the City. It is the City’s policy to comply with all applicable federal, state, and local laws. Section 110.000 Prohibited Conduct Discrimination, harassment, retaliation, and/or improper conduct consists of misconduct that includes unwelcome conduct, whether verbal, physical, or visual, that is based upon a person’s protected status, such as race, color, religion, sex, gender, national origin, age, disability, veteran status, genetic information, or any other protected group status as provided by law. This relates to all aspects of employment, including but not limited to, recruitment, hiring, placement, promotion, demotion, transfer, lay-off, recall, discipline, termination, compensation, and benefits. All such conduct is prohibited. Section 130.000 Sexual or Other Unlawful Harassment Unlawful harassment can take many forms, and includes conduct based on an individual’s sex as well as his or her race, color, religion, national origin, age, disability, veteran status, genetic information, or any other protected group status as provided by law. Unwelcome sexual advances, requests for sexual favors, and other physical, verbal, or visual conduct based on a protected class constitute harassment when (1) submission to the conduct is an explicit or implicit term or condition of employment; (2) submission to or rejection of the conduct is used as the basis for an employment decision; or (3) the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Inappropriate conduct may include explicit sexual propositions; sexual innuendo; suggestive comments; sexually oriented or protected-status “kidding” or “teasing;” “practical jokes;” jokes about protected-status traits; foul or obscene language or gestures; displays of foul, obscene, or offensive material and protected-status traits; sexually-related or protectedstatus related emails and text messages; and physical contact, such as patting, pinching, or brushing against another’s body. The City prohibits any type of sexual or other unlawful harassment. Any person who feels that he or she has witnessed or been subject to harassment should follow the City’s Complaint Procedure set forth in this Manual. Section 140.000 Americans with Disabilities Act It is the City’s policy to provide equal employment opportunity to applicants and employees with covered disabilities under the Americans with Disabilities Act (“ADA”) or other applicable law. This policy applies to all aspects of employment and application for employment. As required by the ADA or other applicable law, the City will provide reasonable accommodations to qualified individuals with a disability in the workplace unless such accommodations present an undue hardship or if the individual is a direct threat to the health or safety of the individual or others. 3 An individual with a disability may request a reasonable accommodation at any time during the application process or during employment. Reasonable accommodations are changes made to the work environment or to the manner or circumstances in which the job customarily is performed that allow an individual with a disability to perform all essential job functions. The City is not required, however, to provide an accommodation if doing so would cause an undue hardship to the City or if the individual is a direct threat to the health or safety of the individual or others in the workplace. All requests for accommodations will be addressed in connection with an interactive dialogue with the affected individual. To request an accommodation, which may include unpaid leave or modification of your working environment, an individual should complete an Accommodation Request Form (which is available in the City Clerk’s office) and return it to the Human Resources Manager. Upon receiving a request for accommodation, the City will seek an interactive process with the individual to clarify his or her needs and identify the appropriate reasonable accommodation. During this process, the City may request reasonable documentation, including medical documentation, of the individual’s disability and need for a reasonable accommodation. Failure to provide required medical information or to otherwise participate in a meaningful way in the interactive dialogue process regarding an accommodation request may result in denial of an accommodation. Because of the personal nature of some disability issues, the City will take every reasonable effort to ensure confidentiality during the review process. Individuals will be notified of the City’s decision regarding their request for an accommodation. Any individual believing that a reasonable accommodation has not been provided should follow the City’s Complaint Procedure set forth in this Chapter. Section 150.000 Immigration Law Compliance The City employs only United States citizens and those non-U.S. citizens authorized to work in the United States in compliance with all applicable federal and state laws. In addition, in accordance with state law, the City utilizes E-Verify to verify the work eligibility of its employees. E-Verify is an Internet-based system operated by Department of Homeland Security in partnership with Social Security Administration that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify works by electronically comparing the information on an employee’s Form I-9 with SSA and DHS records to verify the identity and employment eligibility of each newly hired employee. As mandated by E-Verify and state law, the City displays its E-Verify identification number and registration date on the City’s official website, and also displays both the English and Spanish Notices of E-Verify Participation and the Right to Work Posters in at the reception desk and outside the utility bill payment window at City Hall. Following is a copy of the E-Verify Poster. 4 5 6 Chapter Two: Complaint Procedure Section 200.000 Complaint Procedure All employees should help ensure that the City avoids any form of unlawful or inappropriate conduct. If you feel that you have experienced or witnessed (1) harassment, (2) discrimination, (3) improper denial of a request for accommodation, (4) denial of requested leave under the FMLA, ADA, or otherwise, (5) violation of any policy of the City or policy in this Manual, or (6) failure to pay overtime or other violation of the FLSA or wage payment laws, or (7) any other unlawful or inappropriate conduct by anyone, including employees, supervisors, coworkers, contractors, subcontractors, vendors, or citizens, you are specifically authorized to by-pass your supervisor and are to immediately notify (preferably in writing and within 24 hours) the Human Resources Manager, whose office is located in City Hall. The address and telephone number for the Human Resources Manager is 4640 North Henry Blvd., Stockbridge, GA 30281, (770) 389-7900. If you are not contacted promptly about your complaint or are not satisfied with the response, you are to re-file it with the Human Resources Manager and also send notification of your complaint in writing to the City Manager. If you are not comfortable discussing the matter with the Human Resources Manager or otherwise do not wish to discuss the matter with the Human Resources Manager, you are to file your complaint directly with the City Manager. Section 210.000 Retaliation Prohibited The City prohibits unlawful retaliation against anyone who has made a complaint or provides information related to a complaint under this policy. Any employee who feels that he or she has experienced or witnessed retaliation should immediately notify the City by using this Complaint Procedure. Section 220.000 Review of Complaint The City will undertake an objective and appropriate review of any complaint, and expects all employees to fully cooperate with internal investigations that may be conducted by the City. To the extent practicable and appropriate, the City will keep any complaint and the terms of its resolution confidential. The City will take corrective action as deemed appropriate, including such discipline up to and including termination of employment. The City will undertake corrective action to stop inappropriate conduct before it rises to the level of an unlawful action. You will be notified about the outcome of your complaint. If you have any questions about the status of your complaint at any time, you should contact the Human Resources Manager at the above telephone number and address. Each employee also should be aware that he or she has the right to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or other state agency as provided by law. According to the EEOC, the deadline for filing any such charge runs from the last date of unlawful conduct, not from the date that the complaint is resolved. Section 230.000 Intentionally False Claims The City recognizes that intentional or malicious false accusations of misconduct can have a serious effect on innocent men and women. Individuals making such false accusations of misconduct will be disciplined in accordance with the nature and extent of his or her false accusation. The City encourages any employee to raise questions he or she may have regarding misconduct or this Policy with the Human Resources Manager. 7 Chapter Three: Recruitment and Selection Section 300.000 Filling Vacant Positions Department Heads are responsible for notifying the Human Resources Manager of vacant or soon to be vacant positions in their department by submitting a Personnel Action Form. The notification should include the class, title, and salary range. The Human Resources Manager should then post a vacancy announcement at City Hall and on the City’s official website. Such announcement should be posted for a minimum of three (3) business days. Employees interested in applying for a posted position must complete an application and submit it along with a current resume to the Human Resources Manager by the specified deadline. Employees may be considered for an interview only after their personnel file has been reviewed and is considered satisfactory, and after it is determined that they meet the minimum qualifications of the posted position. If the application deadline date has passed, but no hiring decision has been made, employees may still apply for the vacant position and may be considered for the position along with external applicants in the manner set forth herein Section 310.000 Recruitment for Vacant Positions Except as provided for herein, in order to recruit for vacant positions when necessary, the Human Resources Manager should publicize such full-time vacancies by posting notices of such vacancies at City Hall and on the City’s official website in a timely basis so that interested candidates have an opportunity to apply. The Human Resources Manager may also advertise the vacancies in the newspaper of record for the City and/or County, as well as on industry and Internet websites. However, vacancies do not have to be publicly advertised as described herein if internal applicants from within the City have already applied for the job, are qualified, and recommended for the position by the applicable Department Head. Section 320.000 Employment Application Forms All applications for employment with the City shall be made on standard employment application forms provided by the City and will only be accepted for advertised or otherwise announced vacancies. Such forms shall request details covering education, training, experience/work history, salary history, and other pertinent information needed to assess qualified applicants. All applications shall be signed by the applicant attesting to the truth of all statements contained within the submitted application form. To receive consideration, applications must be received before the specified deadline or, if no deadline is specified, before the job announcement is closed. Incomplete applications may be rejected, and false statements of any kind in an employment application form will be reason for immediate disqualification or dismissal. If a position remains vacant due to insufficient or inadequate applicants or applications, late applicants may be considered. Section 340.000 Disqualification The City Manager, the Department Head, or the Human Resources Manager may reject from further consideration any application or applicant in their discretion for reasons, including, but not limited to: 1. 2. 3. 4. The applicant does not meet the minimum qualifications established for the position; The applicant has not submitted a properly completed employment application form; The applicant failed to submit his or her application by the specified deadline; The applicant has made a false statement in the application, or otherwise practices deception 8 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. in his or her application; The applicant has an unsatisfactory employment history of such a nature as to demonstrate unsuitability for employment by the City or the position sought; After a conditional offer of employment has been made applicants that failed to successfully pass a medical examination and/or drug test; The applicant is not eligible for employment in the United States; The applicant has used or attempted to use political pressure or bribery to secure an advantage in the examination or in employment; The applicant has previously been dismissed from a position in the City or other public service; The applicant has taken part in the compilation, administration, or correction of the examination for a position and is an examinee for that position; The applicant has directly or indirectly obtained information regarding an examination for a position and is an examinee for that position; The applicant for a promotion has received less than a “satisfactory” performance appraisal within twelve months prior to the closing date for receipt of applications; The applicant is not believed to have the necessary skills, training, or experience required for the job, or is believed not to have a sufficient history of satisfactory job performance or conduct on the job; The applicant has otherwise violated the provisions of these rules or is barred from employment as otherwise outlined herein; The applicant does not receive employment references that satisfy the City Manager, Department Head, or the Human Resources Manager; and The City Manager, Department Head, or Human Resources Managers believes there are other more qualified, more experienced, better suited, or preferable candidates for the job. Section 350.000 Selection The City Manager, Department Head, Human Resources Manager, or his or her designee will review all applications for employment to determine whether applicants meet the qualifications for the position. Where appropriate, examinations or assessments may be used which may be written, oral, computerbased, or a combination of these exercises. In all cases, any examination or assessment shall be job related. Examination of employees may also consist of a review of educational experience necessary to perform the duties of the position or any other criteria deemed necessary to evaluate qualification. The desired candidate will be selected from among the qualified applicants for the position. Thereafter, the applicant may receive a conditional job offer contingent upon the applicant successfully completing any other requirements such as a medical examination and/or drug test where required. Nothing in this Manual shall prevent the City from closing or suspending a vacancy notice and choosing not to fill a position in its discretion. Section 360.000 Appointment of Positions and Department Heads The City Manager shall employ all authorized budgeted positions of the City, provided that exceptions from the power of this employment are those offices and employees who, by City Charter, are appointed or selected by the Mayor or City Council. The Mayor and/or City Council shall make all appointments to fill positions where so authorized by the City Charter. In addition, when the position of any Department Head appointed by the Mayor is to be filled, or when the status of the current Department Head is changed by administrative action, the provisions of Georgia state law creating the City shall supersede the provisions of this chapter and shall govern with regard to the special powers and authorities of the Mayor 9 and City Council. Section 370.000 Employment of Relatives It is the City’s policy not to employ relatives by blood or marriage within the same department. If a conflict of this policy occurs because of the marriage of two employees, one employee will be transferred in order to comply with this policy. If a transfer would violate this policy, it may be denied. For purposes of this policy, relatives include an employee’s spouse, children, step-children, mother, father, mother-in-law, father-in-law, brothers, and sisters. The definition is extended to any other person who is domiciled in the employee’s household and who is otherwise recognized by law as a dependent of the employee No person related to the Mayor, or any member of the City Council, or any employee appointed by the Mayor or City Council shall be appointed or selected to any office, position, clerkship, or other position of employment or service with the City. In addition, the City Manager shall not approve the appointment to any supervisor’s work group any person who is related to that supervisor, nor shall the appointment of any member of the immediate family of any Department Head be approved. No family member of any elected or appointed official of the City shall be hired into a position that violates the above policy for the duration of that elected or appointed official’s term of office. Section 380.000 Approved Exceptions from Vacancy Announcements While it is anticipated that most job vacancies will meet the criteria for posting, there may be circumstances that do not warrant advertising certain positions. The following is a non-exhaustive listing of special staffing situations that may be exempted from the competitive job posting process: 1. 2. 3. 4. 5. 6. 7. Appointed Positions (internal promotion); Reassignments or voluntary transfers at the same or lower pay grade level; Management directed reassignments at the same or lower pay grade level; Reorganizations and reductions in force that require reassignment of affected staff to newly created or existing vacancies; Reclassifications of jobs that are currently encumbered that result in a higher pay grade level; Internal promotions are similar to position upgrades and likewise do not require external job postings; and Other reassignments necessary to implement this Manual. 10 Chapter Four: Employment Policies and Procedures Section 400.000 At-Will Policy Employment with the City is voluntary and at-will, meaning that the relationship between the City and all of its employees is subject to termination by the employee or the City at-will as defined in O.C.G.A. § 347-1, with or without cause, and with or without notice, at any time at the option of the City or the employee. Nothing in these policies shall be interpreted to be in conflict with or to eliminate or modify in any way the employment-at-will status of any employee of the City. This policy of employment-at-will may not be modified by any officer or employee and shall not be modified in any publication or document. The only exception to this policy is a written employment agreement approved at the discretion of the City Council. This Manual is not intended to be and shall not be construed as creating a contract of employment of any kind. Section 410.000 Introduction Period All new employees hired by the City will serve a probation period for the first ninety (90) days of employment. This introduction period is intended, primarily, to allow the City and employee to determine whether the employee is able to adequately perform in the assigned job position and whether the position is a good fit for the employee. This policy also applies to an employee who has been promoted to a higher level position or transferred to a different position, regardless of pay grade level. At the end of the introduction period, an employee’s performance will be reviewed and a decision made regarding his or her continued employment or whether an extended introduction period is needed. If additional time is needed to evaluate an employee in a position, a Department Head may request an extension of the employee’s introduction period, upon approval by the City Manager. Section 420.000 Reduction in Force A lay-off or reduction in force is an involuntary separation of an employee from employment with the City, which has been made necessary due to shortage of funds or work, the elimination of the employee’s job position, changes in the duties or organization of the position or department, or for other reasons which are generally outside the employee’s control. When a reduction in force becomes necessary, the City Manager shall confer with other appropriate officials to ensure that the reduction is carried out appropriately and orderly. The following guidelines and procedures shall apply to any reduction in force: 1. 2. 3. The City Manager, upon direction by the Mayor and City Council, will determine the number of positions to be affected in each department. The City Manager will prepare a list of all employee(s) within each department. The list should identify each employee’s name along with his or her date of hire with the City, current status (e.g., regular, probationary period, temporary, part-time, full-time, etc.), job title, and exempt/non-exempt status. The City Manager will provide each department’s list to the appropriate Department Head with instructions to select the required number of employees for layoff or reduction. Each Department Head will then review the list and any other information he or she deems relevant, and identify the required number of employees for layoff or reduction. Such layoff or reduction decisions may be based on any and all factors deemed relevant to the Department Head, and may include, but are not limited to, the following: consideration of the value of 11 4. 5. 6. 7. employees to the City in terms of meeting operating requirements, the qualifications and performance of individuals, performance appraisal history, job criticality, any information contained in each employee’s personnel file, information and/or recommendations received from the City Manager or other sources, and length of employment with the City. Each Department Head will meet with the City Manager and provide him or her with the names of the employees selected for layoff and reduction and the reasons for their selection. The City Manager will review and evaluate the Department Head’s selections and reasons. The City Manager may accept, reject, or modify the selections recommended by the Department Head. All selections must be approved by the City Manager in order for the layoff or reduction to occur. The City Manager’s decision may be based on any and all factors deemed relevant to the City Manager, including all of the factors set forth above regarding the Department Head’s decision. Generally, non-regular status employees within a particular classification, and those in emergency and temporary positions, should be the first to be separated, unless circumstances require otherwise. If a regular status employee is scheduled to be separated and there is a vacancy in a lower classification, the employee will have the opportunity to apply for the vacancy and be considered to demote into the lower classification if he or she is qualified to fill the position and is otherwise in good standing with the City. The determination of qualifications and good standing shall be made by the City Manager. The Mayor and City Council retain final authority over all reallocations, reorganizations, and reductions in force or other changes in human resource matters within the City. Any lay-off or reduction in force shall be conducted in accordance with applicable federal and state law. Section 430.000 Fraternization Policy The City prohibits dating or romantic relationships between a supervisor and a subordinate employee who reports either directly or indirectly to that supervisor. This prohibition applies to all employees regardless of their marital status. In the event a supervisor and subordinate desire to date or enter into a romantic relationship, the supervisor should immediately notify the Human Resources Manager so that the City may take appropriate steps to avoid any adverse impact in the workplace. This may include the transfer, reassignment, or resignation of one (or both) of the employees involved. The City may, at its discretion, also require any participants in a consensual romantic and/or sexual relationship to execute a Consensual Relationship Agreement. The City will address these situations as confidentially and discreetly as possible. When a violation of this policy is determined to have occurred, appropriate disciplinary action, up to and including discharge, will be taken. Please also see the City’s policy on Employment of Relatives. Section 440.000 Workplace Violence Policy The City is committed to providing its employees a safe environment for working and conducting business. In this regard, the City will not tolerate any threats, threatening behavior, acts of violence, or any related disruptive conduct which interferes with or disrupts the City’s safe working environment. This prohibition applies to City employees, vendors, customers, and visitors, whether or not the conduct occurs on or off City property. Threats, threatening behavior, acts of violence, or related disruptive conduct includes conduct against persons or property that is sufficiently severe, offensive, or intimidating that it disturbs, interferes with, or prevents normal work functions or activities. Specific examples of conduct that may be considered “threats, threatening behavior, acts of violence, or any related disruptive conduct” include, but are not limited to, the following: 12 1. 2. 3. 4. 5. 6. 7. Hitting or shoving an individual; Threatening to harm an individual or his or her family, friends, or associates, or their property; The intentional destruction or threat of destruction of property owned, operated, or controlled by the City; Harassing or threatening individuals through any form of written or electronic communications; Intimidating or attempting to coerce an employee to do wrongful acts that would affect the business interests of the City; Harassing surveillance of another City employee and making a credible threat with intent to place the other person in reasonable fear of his or her safety; and Unlawful possession of firearms, weapons, or any other dangerous devices on City property, except as provided for by the Business Security and Employee Privacy Act, which, subject to several exceptions, allows employees who are licensed to carry concealed weapons to store firearms in their vehicles while on City property, as long as the firearm is properly concealed in a glove box, trunk, or other enclosed compartment within the vehicle. All employees are responsible for refraining from making threats; engaging in threatening behavior, acts of violence, or related disruptive conduct; and for seeking assistance to resolve personal issues that may lead to acts of violence in the workplace. If you feel that you have experienced or witnessed conduct that is prohibited under this policy, you are to follow the City’s Complaint Procedure set forth in this Manual. Section 450.000 Drug and Alcohol Free Workplace Policy Section 450.100 Policy It is the City’s policy to provide a safe, healthy, and secure work environment for all employees. It is also the City’s policy to ensure that all employees perform their job duties in a safe, efficient, and productive manner. Finally, it is the City’s policy to ensure that its equipment and facilities are maintained and used appropriately so as not to pose a risk of harm. The use of drugs and the misuse of alcohol and other legal, but illicitly used, substances are inconsistent with these policies. Accordingly, to protect the health, safety, and welfare of employees, citizens, and visitors, the City has adopted this Drug and Alcohol Free Workplace Policy. Section 450.200 Prohibited Conduct The following conduct is strictly prohibited and constitutes a violation of this policy for which employees may be subject to disciplinary action, up to and including termination of employment: 1. Use, possession, sale, purchase, trade (or offer to purchase, sell, or trade) drugs, alcohol, or any otherwise legal, but illicitly used, substance on or in City property or at any time while an employee is on duty or performing any work for the City. 2. Hindering, obstructing, or refusing to cooperate or participate in any investigation involving suspected violations of this policy. This includes, but is not limited to, providing false, misleading, or incomplete information in response to any inquiry from a supervisor related to a suspected violation of this policy. It also includes refusing to undergo a lawfully required drug or alcohol test(s). 3. Hindering, delaying, or obstructing a lawfully required drug or alcohol test(s), including but not limited to, tampering with a sample or interfering in any way with the chain of custody. 13 4. Reporting to work or engaging in any work activity whatsoever on behalf of the City under the influence of drugs, alcohol, or an otherwise legal, but illicitly used, substance. 5. Abusing or misusing prescription drugs or over the counter medication or misusing other products, such as inhaling or sniffing products like adhesives and aerosols. This includes, but is not limited to, the use, possession, sale or solicitation for the purpose of purchase or sale any prescription medication for which the employee lacks a valid prescription. However, nothing in this policy precludes the appropriate use of legally prescribed medications. Section 450.300 Prohibited Substances For purposes of this policy, the terms “drug” and “alcohol” mean substances listed in O.C.G.A. § 34-9-411. The term “otherwise legal but illicitly used substance” means prescription drugs, overthe-counter drugs, or other products not being used for their intended purposes or in accord with the terms of the prescription by the person to whom the prescription is written and the misuse of other products, such as inhaling or sniffing products like adhesives and aerosols. Section 450.400 When Testing is Required 1. Pre-Employment: All individuals who are offered employment by the City in a safety sensitive position, and non-safety sensitive are required to undergo testing for the presence of drugs and alcohol as a condition of employment. The City will test such employees for the presence of alcohol and drugs listed in O.C.G.A. § 34-9-411 using urinalysis or hair samples. If the results of such test indicate the presence of illegal drugs or alcohol in the applicant, the City may deny employment to the applicant. 2. Random Testing: Employees holding a safety sensitive position and non-safety sensitive position will be subject to unannounced testing for the presence of drugs or alcohol based on random selection and conducted by urinalysis or hair samples. To ensure that the selection process is random, employees covered by this policy will be placed in a common pool and employee names will be drawn from the pool of all names. 3. Reasonable Suspicion: The City may require an employee to submit to testing for presence of drugs or alcohol when there is reasonable suspicion to believe the employee is under the influence of drugs, alcohol, or an otherwise legal but illicitly used substance or controlled substance, or when the City is required by law, regulation, or contract. Such testing may be conducted by urinalysis or hair samples. Circumstances that may cause reasonable suspicion may include, but are not limited to: a) b) c) d) Observed use of drugs or alcohol; Personal observation of the employee’s job performance, appearance, behavior, speech, or odor creating reasonable suspicion that the employee has used drugs or alcohol in violation of this policy or is impaired by drugs or alcohol; The observance of drugs, drug paraphernalia, alcohol, or containers indicating the presence of drugs or alcohol in an area where the employee had primary control or access, including but not limited to, desks, lockers, equipment, machines or vehicles; Involvement in accidents, including motor vehicle accidents, or other actions that provide reasonable suspicion to believe the employee may be under the influence of drugs or alcohol; or 14 e) Facts indicating that the employee diluted, tainted, tampered or interfered with any breath, blood or urine sample, or any test(s) required under this policy, or that the employee attempted to do the same. 4. Safety Sensitive Positions: For purposes of this policy, safety sensitive positions include, but are not limited to, law enforcement officers, firefighters, emergency medical technicians and paramedics, drivers of City vehicles that carry passengers, and wastewater and sewage treatment plant employees. Additional positions may be regarded as safety sensitive positions subject to the provisions of the policy in the discretion of the City with or without notice. 5. Commercial Motor Vehicle Operators: Employees who drive commercial motor vehicles and/or require a commercial driver’s license for their jobs with the City may be subject to additional requirements regarding drug and alcohol use, and may be subject to testing under additional circumstances. Please refer to City Ordinance 2.26 for further information. Section 450.500 Employee Assistance The City will attempt to assist employees who voluntarily report substance abuse problems prior to a positive test in finding effective treatment. For more detailed information regarding providers of employee assistance, including drug and alcohol abuse, mental health providers, and other persons, entities, or organizations available to assist employees with personal or behavioral problems, any employee may contact the Human Resources Manager. The City maintains a resource file of such providers, which will be available upon request to the Human Resources Manager. Section 450.600 Confidentiality All reports of test results for drug and alcohol, searches, or any employee referral, or participation in an assistance program will be treated as confidential. Any unlawful or unauthorized access to or disclosure of such information by an employee is prohibited and may subject the employee to disciplinary action, up to and including termination of employment. The confidentiality of such information shall not apply to any use by or communication to the City Attorney, or where the information is relevant to the City’s defense in an administrative or legal action. Such information may also be disclosed to the extent required by any federal, state or local law, statute, ordinance, or regulation. Section 450.700 Consumption of Alcohol While Off Duty at City Events There may be occasions where alcohol is available at events that are organized or sponsored by the City. Employees who are working at or during these events may not consume alcohol while they are on duty. Employees who are off duty may consume alcohol so long as doing so would not otherwise violate the terms of this policy, but must do so responsibly and conduct themselves professionally at all times during the event. Employees who drink excessively and/or act inappropriately may be subject to disciplinary action, up to and including termination from employment. Section 460.000 Use of Technology Resources Section 460.100 Purpose and Application 15 The City provides a variety of technology resources to its employees for purposes of its business operations and to help employees perform their jobs. While these technology resources are often necessary and helpful tools, they also pose risks and must be used with common sense and good judgment. As such, the City has developed this policy to establish guidelines for the use of its technology resources. For purposes of this policy, the City uses the term “technology resources” to refer generally to all of the City’s network and electronic resources, such as computers, software, networks, email systems, telephones and mobile phones, voicemail systems, fax machines, Internet access, etc. Section 460.200 Business Use Only The use of the City’s technology resources is for City business and is to be used for authorized purposes only. The City’s technology resources are established, maintained, and provided by the City for employees to use for the performance of their job duties and the furtherance of the City’s business. As such, use of the City’s technology resources should be limited to business use only. The City recognizes, however, that some personal use by employees of its technology resources may be necessary at times. As such, employees may use the City’s technology resources for personal reasons, provided that such personal use is minimal, reasonable, and does not interfere with the performance of one’s job duties. The City has sole discretion to determine what constitutes reasonable personal use and whether personal use is interfering with the performance of one’s job duties. Section 460.300 Ownership and Access to Technology Resources All of the City’s technology resources, as well as all data and files stored on or transmitted using the City’s technology resources, are the property of the City. This means that the City owns all data and files stored on or transmitted using any of the City’s technology resources, such as computers, network servers, or email servers. As such, the City retains the right to access, monitor, and inspect its technology resources and any of the data and files therein or transmitted thereon, at any time. This applies even with respect to data or information transmitted or received using any of the City’s technology resources, such as its networks or Internet connection, even if such is done using an employee’s personal device, such as a personal mobile phone, smartphone, or computer. This right applies both during an employee’s employment with the City and after its termination for any reason, voluntary or involuntary. Employees should not have an expectation of privacy in anything they create, store, send, or receive on any of the City’s technology resources (including anything they create, send, or receive on a personal device using any of the City’s technology resources, such as its data networks or Internet connection). In this regard, employees are specifically advised that passwords on City devices are designed to give employees access to all or part of the City’s technology resources; they are not designed to guarantee employee privacy or security in any data or file created, stored, sent, or received on any of the City’s technology resources. Employees may not change passwords without prior express permission. Upon termination of employment, employees must return all passwords to the City. Section 460.400 General Guidelines for Acceptable Use Employees are expected to access and use the City's technology resources in a professional manner and in compliance with this and all other City policies. Therefore, employees are prohibited from engaging in any unauthorized, prohibited, or inappropriate conduct using the City's technology 16 resources including, but not limited to, the activities described below. This list is not intended to be an exhaustive description of all conduct that may be inappropriate or violate this policy, but is illustrative of the type of prohibited conduct for which employees may have their privileges of use and access to the City's technology resources revoked and be subjected to disciplinary action:                  Accessing any technology resources, including networks, servers, drives, folders, or files, to which the employee has not been granted access or authorization or in a manner that exceeds such employee's access or authorization (accessing any other person's computer, voicemail, files, or data without approval); Making unauthorized copies of the City files or other data; Using any of the City’s files or other data for an unauthorized purpose, even if the employee was otherwise authorized to access such files or data; Revealing, publicizing, or otherwise disclosing any confidential information belonging to the City without authorization; Destroying, deleting, erasing, or concealing City files or other data, or otherwise making such files or data unavailable or inaccessible to the City or to other authorized users of the City's technology resources; Violating any law, regulation, or order of the United States or any state, county, City, local government, or jurisdiction in any way; Violating the terms of any user agreement, license agreement, or other type of contractual agreement of any software program, application, website, or other product or service; Illegally downloading, copying, transmitting, viewing, or accessing any material protected under copyright law or make such material available to others; Engaging in any other unlawful or malicious activities; Intentionally propagating any virus, worm, Trojan horse, trap-door program code, or other code or file designed to disrupt, disable, impair, or otherwise harm either The City's technology resources or those of any other individual or entity; Defeating or attempting to defeat security restrictions on any of the City's technology resources; Viewing or transmitting any material, or engaging in any conduct, that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating, defamatory, violates the City's Equal Employment Opportunity Policy or other policies set forth in this Manual, or that is otherwise unlawful or inappropriate. The City has sole discretion to determine what constitutes inappropriate use or material under this policy. If you unsure whether any use or material would be considered inappropriate, you should seek clarification from your supervisor before accessing or distributing such material. If you are in any doubt, do not access or distribute the material; Using abusive, profane, threatening, discriminatory, harassing, offensive, otherwise objectionable language in either public or private messages; Sending, receiving, downloading, uploading, or otherwise accessing or viewing any pornographic materials; Causing congestion, disruption, disablement, alteration, or impairment of the City's technology resources; Installing any software without written authorization from the City Manager; and Using any City technology resource for personal financial or political gain unrelated to one's employment with the City. Section 460.500 Installation and Use of Software Employees, other than those employees and/or contractors responsible for Information 17 Technology for the City, may not download or install any software, application, program, or update onto any City computer or technology resource without prior written authorization from the City Manager. Employees may not run any software on any City computer or technology resource that is not properly purchased, licensed, and installed by those employees and/or contractors responsible for Information Technology for the City. Employees may not share their credentials for accessing the City’s technology resources or that of its vendors, including logging on and running any software, with others and may not use anyone’s credentials other than their own for such purposes without the express written permission of the City Manager. Section 460.500 All of the City’s policies, including, but not limited to, its policy on Equal Employment Opportunity, apply to the use of the City’s technology resources. If any employee feels that he or she has witnessed or been the subject of any conduct in violation of this policy, the employee should utilize the Complaint Procedure set forth in this Manual. Section 470.000 Use of Personal Mobile Devices Employees may bring personal mobile devices to work, such as personal cell phones, smart phones, and tablets. However, these personal mobile devices may not be used to perform any City business or work-related activities, and may not be used to access the City’s data or networks, unless authorized in advance and configured by those employees and/or contractors responsible for Information Technology for the City. If written authorization by the City Manager is given to use a personal mobile device for work purposes or to access the City’s data or networks, the employee must comply with the City’s Technology Resources Policy when using the device. Employees also may not use the authorization to use a personal mobile device for work purposes or to access the City’s data or networks to work from home or otherwise work additional time not approved in advance by the City. Employees should not have an expectation of privacy in anything they create or store on, send, or receive on their personal mobile device if such material was in any way transmitted using the City’s technology resources, including its data networks or Internet connection. The above provisions of this policy regarding the City’s right to inspect and monitor devices apply with respect to such material. In addition, although employees are permitted to bring personal mobile devices to work, they are at all times expected to devote their entire time and attention to performing their job duties for the City without distraction by their personal mobile devices. Therefore, employees may not use personal mobile devices during work hours except for emergency reasons only. Employees may, however, use personal mobile devices during non-work hours, such as during an approved break or meal period, provided that such use is outside the view of public who may be at City offices and not used in violation of any policies in this Manual, including the City’s Technology Resources Policy. In addition, employees must keep their personal mobile devices on “vibrate” or “silent” mode at all times while at work. Section 480.000 Social Media Policy Section 480.100 Introduction 18 In general, the City views social networking websites (e.g., Facebook and Twitter), personal websites, and blogs positively and respects the right of employees to use them as a medium of selfexpression. However, the use of these types of websites can impact both the City and employees alike. Therefore, the City has created this policy to establish its expectations for employee use of these types of websites. Section 480.200 Applicability This policy is meant to apply to social networking sites; personal websites; blogs; photo, video and file sharing sites; podcasts; as well as bulletin boards and comments posted on other websites. For ease of reference, this policy refers to all of these types of websites generically as “social media websites”. The absence of an explicit reference to a specific website is not meant to limit the application of this policy. Where no policy or guideline exists, employees should use their professional judgment and take the most prudent action possible. You should consult with your supervisor if you are uncertain about any of your activities on a social media website. Section 480.300 No Interference with Job Duties As set forth in the City’s Use of Technology Resources Policy, the City’s Internet and computer resources are provided to employees to allow them to complete their job duties, and should be used for business purposes only. As such, the City does not allow personal use of social media websites using City computers, equipment, or networks or at all during an employee’s work time. Section 480.400 Use Outside of Work Employees may use social media websites during their personal time outside of work and without the use of City computers, equipment, or networks. Employees must be aware, however, that information they display on the Internet reflects not only on them, but could be associated with the City as well. Therefore, employees are expected to follow these guidelines when using any social media website: A. B. C. D. E. Employees who wish to identify themselves as employees of the City on any social media website must first obtain written permission from the City Manager. After receiving permission, employees must place a disclaimer in their profile, post, or publication which clearly states that any and all opinions or views expressed are those of the employee and not the City. Employees should use their best judgment and discretion when posting material and information online. Confidential and proprietary information of the City is not to be discussed or referred to by employees on any social media website, even in private messages between site members who have authorized access to the information. Employees are responsible for reading, knowing, and complying with the Terms of Service of the social media websites they use. Employees are expected at all times to comply with the law in regard to copyright, trademark, and plagiarism. Posting of someone else’s work without permission is not allowed. Section 490.000 Political Activity City employees are encouraged to exercise their right to vote, but City employees may not engage in any political campaign activities while on duty, while in the workplace, while in uniform, or using any City property or equipment, including any City computer, network, or vehicle. This prohibited activity 19 includes, but is not limited to, distributing information, assisting with campaign materials or initiatives, or soliciting contributions or services for any political party, political candidate or organization, or otherwise spending work time on an activity in furtherance of any political party, candidate, or political organization while on duty. Nothing contained herein shall be construed to restrict the right of City employees to hold membership in and support a political party or candidate, to vote as he or she chooses, to express personal opinions on political subjects and candidates, to maintain political neutrality, or to attend political meetings during non-working hours. Section 4000.000 Inclement Weather and Emergency Circumstances If the City Manager believes that existing or imminent weather conditions or other appropriate circumstances warrant the closing of an office or facility, the City of Manager or designee may excuse from duty employees directly affected by such conditions for such time as it is deemed necessary without loss of pay or charge to leave. In the event that offices and/or facilities of COS are not closed by the City of Manager or designee, but employees are absent from duty because of severe weather conditions or other emergencies, employees will be:    allowed to make up the time lost from work, provided; however, that the make-up time for employees covered by the provisions of the Fair Labor Standards Act shall be completed during the same work week, and the make-up time for employees exempt from the provisions of the Fair Labors Standards Act shall be completed no later than fifteen (15) workdays after the absence, permitted to charge the absence to accrued annual leave, placed on leave without pay for the period of time absent if no other option is available. Employees who are not affected by severe weather conditions or emergencies or who are not scheduled to work during such time, shall not accrue any right to, or shall not be compensated for any absence authorized for the employees directly affected. Employees who are required to work additional time because of severe weather conditions or other emergencies shall be compensated under the provisions of the Fair Labor Standards Act (FLSA). In the event of a crisis or other uncertain situations, the following procedures should be followed:     Employees should not leave assigned work stations without contacting their immediate supervisor, except in the case of immediate personal risk. Supervisors should check with management before authorizing employees to leave or take other actions. Employees may contact their Division/Office Director if their supervisor/manager is not immediately available. Supervisors/Directors/Managers should contact the City Manager with questions about authorized actions. If the Supervisor/Manager/Director is not available before a decision is granted about an employee actions based on their Division’s particular responsibilities and circumstances, the approval will be given by the City Manager or designee. Disaster Volunteer Leave 20 An employee who is a certified disaster service volunteer of the American Red Cross may be granted a leave of absence to participate in specialized disaster relief services for the American Red Cross. Disaster Volunteer Leave shall:  Not be charged to annual leave, sick leave, personal leave, or compensatory time;  Be authorized only if the employee’s services are requested by the American Red Cross;  Be at the discretion of the City Manager and coordinated through the director of emergency management;  Be granted only for services related to a disaster occurring within this state or in a contiguous state which has a reciprocal statutory provision; and,  Not exceed one hundred twenty (120) hours in any twelve (12) month period. Section 4100.000 Safe Driving Policy Section 4100.100 Purpose The City strives to provide a safe working environment and to protect its employees from jobrelated injuries and illnesses. The intent of this policy is to guide employees in the required use of safety belts and the expected use of telecommunication devices. It is the goal of the City to eliminate driver distractions by its employees due to talking or texting on a telecommunication device while operating a vehicle during the commission of their official duties. In addition to this Safe Driving Policy, all employees covered by this policy are expected to know and to abide by the Georgia Uniform Rules of the Road, found in O.C.G.A. §§ 40-6-1 through 40-6-397. Section 4100.200 Definitions Vehicle – Every motor vehicle, including, but not limited to, pickup trucks, vans, and sport utility vehicles, designed to carry ten passengers or fewer and used for the transportation of persons. Motorized Equipment – City equipment such as lawn mowers, tractors, spreaders, street sweepers, back hoes, construction equipment and other outdoors wheeled equipment operated by City employees. Telecommunication Device – Any device capable of sending and/or receiving voice, text, photographic, video, or other communication wirelessly via analog, digital, or any other technology that may be carried on or about a person. Examples include cellular telephone, text messaging device, personal digital assistant, standalone computer, or any other similar wireless device that can be used to initiate or receive a wireless communication. Driving – Operating a motor vehicle or equipment on a roadway, including while temporarily stationary because of traffic, a traffic light, stop sign, or otherwise. It does not include being in a vehicle (with or without the motor running) in a location off the roadway where it is safe and legal to park. Text Messaging – Reading from or entering data into any handheld or other telecommunication device, including for the purpose of short message service texting, emailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication. Section 4100.300 Applicability 21 This policy applies to all employees who operate or drive City-owned vehicles and equipment and to employees who drive privately-owned or rented vehicles during work time or while otherwise conducting City business. However, the portions of this policy relevant to the use of a telecommunication device do not apply to the following employees or situations: A. B. C. D. E. Reporting a traffic accident, medical emergency, fire, serious road hazard, or a situation in which the employee believes a person’s health or safety is in immediate jeopardy; Reporting the perpetration or potential perpetration of a crime; A public utility employee or contractor acting within the scope of his or her employment when responding to a public utility emergency; Engaging in wireless communication while a motor vehicle is off the roadway where it is safe and legal to park; and Using a City-issued two-way radio device (e.g., 800 MHz radio) for time-sensitive communications or a GPS navigation device provided that all due care is taken to ensure the safe operation of the vehicle. Section 4100.400 A. B. C. D. All employees and passengers are required to wear a properly adjusted and fastened safety belt; All mowing, grading, and similar equipment which has the capability to exceed 15 mph during travel shall be equipped with a roll over protection device and safety belts that must be worn by the operator at all times; No employee may allow another person to ride as a passenger on a trailer or in the bed of a pickup truck or any other towed equipment; and It is the responsibility of the driver and the supervisor to ensure that safety belts are maintained in good working condition by ensuring that: (a) safety belts are inspected regularly; (b) safety belts are visible and readily accessible for use in vehicles and on equipment; and (c) safety belts are regularly cleaned and are operational at all times. Section 4100.500 A. B. C. Safety Belt Use and Maintenance Distracted Driving Employees must exercise due care in operating a motor vehicle and/or motorized equipment and shall not engage in any actions that distract employees from the safe operation of vehicles and equipment. Except for the exclusions noted above, all uses of telecommunication devices, including hands free equipment and technology such as Bluetooth are prohibited while driving. No employee shall operate a motor vehicle or motorized equipment for work purposes on any public road, public property, street, or highway while using a telecommunication device to talk, write, send, or read any text based communication, including, but not limited to, a text message, instant message, or electronic mail. In the event that a phone call must be made or a text message must be sent or received, an employee must find a location off the roadway where it is safe and legal to park to use the device. Section 4100.600 Business Use Only City vehicles are to be used for purposes of conducting City business only and may not be used for any personal reason, including driving to or from lunch or any other location when not required for City business. See also Resolution No. 10-273, the provisions of which are incorporated herein. 22 Section 4100.700 Notification of Accidents Any employee who is involved in a vehicle accident while on duty or performing City business, whether in a City vehicle or privately owned or rented vehicle, must notify their Department Head immediately. Employees who are required to have a driver’s license for their job must also notify their Department Head immediately if their license is lost, confiscated, suspended or revoked for any reason. Section 4100.800 Disciplinary Action The City takes the obligations described in this policy seriously. Failure to comply with this policy may result in driving privileges being revoked, which may prohibit an employee from fulfilling the duties and responsibilities of his or her position, and/or disciplinary action up to and including termination. Section 4200.000 Emergency Procedures Policy The City is committed to providing a safe working environment for all of our employees. Your safety, and the safety of others, requires that you make safety a priority on the job. The following are emergency numbers that should be contacted in the event of an emergency: Service Fire, police, ambulance Poison control Phone number 911 (800) 282-5846 In the event of an emergency, the following procedures should be followed: A. Fire - Any fire, regardless of size, must be reported to the fire department (911) immediately. Persons reporting the fire should give their name, the organization’s name, the building or area involved, the exact location of the fire and a description of the type of fire. If a fire is noticed, the nearest alarm box must be activated and the person reporting the fire must remain on the property to inform the authorities about the fire. Fire extinguishers are located throughout the facility and should be used to fight small fires only. All persons leaving the building or area should await instructions from maintenance or the fire department before re-entering the area. Elevators should not be used during a fire emergency. Supervisors should see to the safety of all persons with disabilities and should assist them to stairwells. B. Thunderstorms/Lightning - In the event of a thunderstorm or lightning, all staff will be required to seek shelter and remain inside until the storm or lightning has ceased. The City is not responsible for any injury sustained from a thunderstorm or a lightning strike, by any person or persons, who refuse to abide by this policy. C. Accidents and Injuries - All accidents, regardless of how minor, must be reported to the department supervisor immediately. First aid supplies are available for minor injuries. All life-threatening injuries and serious accidents should be handled by calling 911 emergency services. If you are injured on the job, no matter how slight, you must immediately report the incident to your supervisor. Further, a first report of injury must be prepared in writing, signed by your supervisor and submitted to the Human Resources Manager within 24 hours 23 of the incident. For all injuries requiring medical attention, barring any life-threatening emergencies, all employees are required to seek care from one of the physician’s on the Workers’ Compensation panel. This panel (list of doctors) is located in the break and copier rooms of all City facilities and is generally bright pink in color. Section 4300.000 Outside Employment City employees may engage in outside employment that does not create a conflict of interest or interfere with their performance of duties for the City. However, any outside employment must be approved by the employee’s Department Head in advance. To obtain approval, an employee must submit a written request to the Department Head and meet with the Department Head to discuss the outside employment and whether it will create a conflict of interest or interfere with the performance of job duties. All Department Heads must discuss the request with the City Manager before approving a written request to engage in outside employment. If the request is approved, the Department Head will sign the request and provide it to the Human Resources Manager to be retained in the employee’s personnel file. Any outside employment by Department Heads must be approved by the City Manager in advance, and if approved, will be put in writing and provided to the Human Resources Manager to be retained in the Department Head’s personnel file. Newly hired employees who hold an outside job, own a business, or are self-employed at the time of hire with the City must notify the City during the application process and then submit a request for outside employment immediately upon employment with the City using the following procedure described above. Failure to submit a request for approval prior to engaging in outside employment, any conflict of interest as a result of outside employment, or any interference with the performance of job duties for the City as a result of outside employment, may be cause for disciplinary action up to and including termination of employment. Section 4400.000 Confidential Information Employees must carefully protect and may not, directly or indirectly, make any unauthorized disclosure or use of any confidential information acquired by virtue of their employment with the City except as required for the performance of their authorized employment duties on behalf of the City. Employees may not provide to anyone or permit others to use confidential information except in the performance of their authorized employment duties. Please review Section 2.16 of the City Charter and the City’s ethics ordinance for further guidance. Section 4500.000 Gifts and Gratuities Employees may not accept gifts, gratuities, or loans from organizations, business entities, or individuals with whom they have official City government business relationships. These limitations are not intended to prohibit the acceptance of any items which are distributed free of charge to the general public, nor to prohibit the acceptance of token gifts given during the Christmas holiday season provided the fair value does not exceed $25. Employees must comply with the specific requirements of the City’s ethics ordinance, a copy of which is included in the appendix to this Manual. Please review Section 2.16 of the City Charter, the City’s ethics ordinance, and the City’s purchasing ordinance for further guidance. Section 4600.000 Use and Return of City Property 24 New employees may be issued City property upon hire. This may include: (a) key or key card for access to buildings and offices; (b) photo identification card; (c) uniforms required to be worn for one’s job; and (d) computers or mobile phones. No employee or City official may use any equipment, materials, supplies, or other City property or the services of City employees for his personal benefit. Employees are expected to use proper care when using the City’s property and equipment. No property may be removed from the premises without the proper authorization of the employee’s Department Head or the City Manager. If an employee loses, breaks, or damages any property, he must report it to his supervisor immediately. An employee who loses his or her required uniform or loses or breaks his or her City-issued computer or mobile device will be required to replace them at their own expense. Upon termination of employment for any reason, employees must promptly return all City property that is in their possession, custody, or control. This policy specifically requires employees to return all City property (including electronically stored information) that employees may have taken outside of the office (e.g., personal residence) or transferred to or stored on non-City computers and other electronic storage devices during the course of their employment. Employees should clearly understand that, upon termination of their employment, they are without authorization to access or use any such City property, whether through a City computer or non-City computer. Further, for the avoidance of doubt, this policy makes clear that no employee is authorized to access the City’s computer systems or networks, including City email services, after termination of employment, unless such post-termination access is expressly authorized in writing by the City Manager. Section 4700.000 Dress Code Section 4700.100 General Expectations Employees are expected to maintain the highest standards of personal cleanliness and present a neat, professional appearance at all times. Our professional image is an important aspect of our organization. Whether or not your job responsibilities place you in direct contact with City officials, state officials, legislators, or the public, you represent the City with your appearance as well as your actions. Generally, the City has a business casual dress code, and employees are expected to wear business casual attire to work at all times. Business casual attire includes dress pants, suits, dresses, skirts, sweaters, blouses, turtlenecks, and collared shirts bearing the City’s logo. Shirts must be tucked in and clothing must fit well, be clean, and properly pressed. Some employees may be required to wear a uniform for their job. Uniformed employees must wear the designated uniform when reporting for work and shall ensure that it fits well, is neat, clean, and properly pressed. Under no conditions will a part of the official designated uniform be intermixed with other clothing. Employees may not wear City work uniforms while not on duty. Doing so may incorrectly create the appearance that an employee is on duty and representing the City during their off duty hours. Therefore, uniforms must be removed immediately upon the completion of one’s shift. Section 4700.200 Casual Fridays 25 Unless otherwise directed by the City Manager, employees may wear casual attire on Fridays. This policy does not apply to employees who are required to wear designated uniforms, unless the City Manager authorizes otherwise for “Special Occasions.” Acceptable attire for casual Fridays include: jeans, khaki pants, sneakers, City logo sweatshirts or collared shirts, non-graphic and nonoffensive tee shirts, shirts, dresses, skirts, mid-calf dress Capri’s (not form fitting) and officeappropriate sandals. All clothing worn on Fridays must fit well, be clean, and properly pressed. Section 4700.300 Inappropriate Dress The following clothing items are not appropriate at any time: shorts, halters, tank tops, mini dresses, spaghetti strap tops, leggings of any kind, jeans/khaki’s with holes, cargo pants, overalls, jogging suits, low neckline front or back, sheer clothing, clothing that is too tight or too short, flip flops and slippers, sandals with no strap, crocks of any kind or clothing/hats that have inappropriate words, pictures, scenes, etc., that would be disruptive to the work environment. All decisions about whether an employee is appropriately dressed for work shall be made by the Department Head in its sole discretion. Employees who are considered to be not dressed appropriately may be required to leave work to change into the appropriate attire. Employees will be required to use their own leave time while they are away from work to change clothes. Section 4800.000 Non-Interference with Administration The City recognizes that employees perform best when allowed to do their jobs without interference from outside influences. The Mayor and City Council members are not to generally deal with City employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and are prohibited from giving orders directly to City employees. Exceptions to this policy occur when the City Council makes inquiries and investigations under the power of the City Charter, or when emergencies arise. Please refer to City Code Section 2.12.035 (D) for more information. Should you feel that an elected official has acted inconsistently with this policy, please immediately inform the City Manager. Section 4800.001 Children at Work The presence of children in the workplace with the employee parent during the employee’s workday is inappropriate and is to be avoided except in emergency situations. This policy is established to avoid disruptions in job duties of the employee and co-workers, reduce property liability, and help maintain the city’s professional environment. If bringing a child to work with the employee is unavoidable, the employee must contact his/her supervisor as soon as possible to discuss the situation an obtain permission to have the child accompany the employee while working. Factor the supervisor will consider are the age of the child, how long the child needs to be present, the work environment in the employee’s area, and any possible disruption to the employee’s and co-worker’s work. Consideration will be given to allowing a child with an illness to come to work with the employee. A child brought to the workplace in unavoidable situations will be the responsibility of the employee and must be accompanied and under the direct supervision of the employee parent at all times. 26 Chapter Five: Types of Appointments Section 500.000 Regular Appointments Regular appointment to full and part-time positions shall occur after the procedures outlined in Chapter Two have been completed. All employees employed under this method shall serve an Introductory Period as described in Chapter 4. Section 510.000 Temporary Appointments Temporary appointments may be made for special project(s) or other work of a temporary nature. The services to be rendered by an appointee for a temporary period are not to exceed six (6) months in any twelve-month period. The Department Head will consult with the Human Resources Manager to assure budgetary compliance. Temporary appointments are subject to the approval of the City Manager. Temporary employees are ineligible for benefits and privileges provided to regular status employees. Section 520.000 Limited Term Appointments Vacancies created by a leave of absence without pay may be filled by limited term appointment. The normal selection procedures will be followed in order to fill the position under a limited term appointment. A person holding a limited term appointment may be terminated when the person replaced returns to the position. Transfer from limited term to regular appointment may be made if the person being replaced fails to return on the termination of leave. Employees holding limited term appointments shall be eligible for holiday pay only. No other rights or privileges shall be granted to these employees. Section 530.000 Emergency Appointments When an emergency involving serious impairment of the public business makes it impossible to fill a vacant position through the competitive process, the Department Head subject to the approval of the City Manager, may appoint any qualified person to such a position on a temporary basis in order to continue public business and prevent serious inconvenience to the public. Any such person shall be employed only during such emergency and for a period not to exceed ninety (90) days, during which the normal selection procedures will be followed in order to fill the position under a regular appointment. Section 540.000 Re-Employment (Break in Service) A regular status employee, who separates employment from the City in good standing and is eligible for re-employment, may be re-employed, provided the absence is for a period not to exceed 365 days. Upon re-employment, the employee’s leave balance will be zero. Leave time will be granted as provided for in this Manual. Persons re-employed after a period of absence greater than 365 days will be treated as newly employed. The date of employment will be counted from the date of rehire. 27 Chapter Six: Compensation and Performance Section 600.000 Overtime The City complies with the requirements of the Fair Labor Standards Act and any applicable local law with respect to wages and hours. Please understand that there may be times when you will need to work overtime. However, all overtime must be approved in advance by your supervisor. Any employee who works unauthorized hours or overtime, including arriving early or staying late, working through lunch or break periods, or working from home, may be subject to disciplinary action, up to and including termination of employment. Non-exempt hourly employees may be paid overtime at a rate of one and one-half times their regular hourly rate for all hours worked over 40 hours in a week. Compensatory time may be given in lieu of overtime payments. Exempt salaried employees do not receive overtime pay. Exempt salaried employees are subject to deductions from their salaries only for lawful reasons. If an employee feels he or she has been subject to an improper salary deduction, has been improperly classified as exempt or non-exempt, or has not been paid overtime for any hours worked over 40 hours in a week, the employee should notify the City using the Complaint Procedure set forth in this Manual. In the event it is determined that an improper salary deduction was made or that an employee was not paid any overtime due, the City will reimburse the employee. Section 610.000 Meal/Break Periods Meal and/or break periods are not required by the Fair Labor Standards Act and are not formally designated by the City, but may be authorized by a Department Head. Any meal and/or break period may only be taken as approved by the employee’s Department Head. Breaks from 0 to 20 minutes in length will be treated as hours worked. However, any breaks longer than 20 minutes or bona fide meal periods of 30 minutes or more in which an employee is totally relieved of duties will not count as hours worked, and employees are responsible for clocking in and out, or otherwise accurately recording their time, for such break or meal periods. Section 620.000 Work Weeks and Hours of Work A normal work day and work week for full-time employees generally is considered eight (8) hours per day, 7:00am to 4:00pm or 8:00am to 5:00pm, five (5) days per week. The work week is defined as running from Sunday through Saturday. Actual work hours during each day, and work days during each week, may vary depending on an employee’s job position. Section 630.000 Performance Reviews Every employee’s job performance is important to the City and is critical to the services we provide to citizens. The City believes more frequent formal feedback is most helpful to employees. Therefore, your supervisor and/or Department Head may provide you with feedback and/or a review of your job performance periodically throughout the year. These reviews may be verbal or in writing. New employees and employees in new job positions will generally be reviewed at the end of their introductory period. In addition, all employees will receive an annual performance review from their supervisor and/or Department Head, which will be conducted on or around the anniversary date of their employment with the City or date of their last promotion, transfer, or demotion into their current job 28 position. Normally, this review will be postponed or delayed beyond an employee’s anniversary date or date of promotion, transfer, or demotion into their current position to reflect any period of time greater than 30 days in which an employee was out of work during the prior year. These reviews will be completed on an approved form and provide an assessment of each employee’s job performance and progress. These reviews are intended to provide a basis for better understanding between you and your supervisor and/or Department Head regarding your job performance, potential, and development within the City. Please understand, however, that a positive performance review does not guarantee an increase in compensation, a promotion, or continued employment. All compensation increases and the terms and conditions of employment, including job assignments, transfers, promotions, and demotions, are determined by and at the discretion of the City Manager. Of course, if employees ever have questions or would like feedback on their job performance, they are encouraged to discuss it openly with their supervisor and/or Department Head. Section 640.000 Compensation Administration Section 640.100 Compensation Policy All job classifications and/or positions of employment with the City shall have assigned pay ranges establishing the minimum and maximum levels of compensation employees in such classifications and/or positions generally will receive. Within such pay ranges, employees may be eligible to receive periodic pay increases on the basis of merit. Section 640.200 Pay Ranges The City Council shall adopt a schedule of assigned pay ranges for each job classification and/or position of employment with the City. Each salary range shall establish a minimum and maximum level of compensation for each job classification and/or position of employment. New employees will normally be hired into a position at a pay rate within this range. The pay range should be based on the bona fide qualifications of the job classification and/or position. The City Manager shall review such pay ranges periodically and make recommendations to the City Council. Section 640.300 Pay Increases Employees may be eligible to receive pay increases on the basis of factors determined by the City, including merit and performance. Pay increases, if any, will be awarded by each employee’s Department Head one time per year, in connection with the employee’s annual performance, as described in Section 640.000. The amount of any such pay change by a Department Head shall be within the amount approved by the City Council for employee raises as part of the applicable financial budget for the year in which the pay change is made. Section 650.000 Recording Your Time All employees are required to complete a time card or utilize the timekeeping method in place to honestly and accurately report all hours worked. Every employee is responsible for keeping an honest and accurate record of his/her time worked. In preparing their time record, employees must record the time they begin and end each work day, and also record the beginning and ending time of any unpaid break, meal period, or other period of departure from work. All absences (including vacation, illness, accidents, death in the family, etc.) also must be reported on the employee’s time record. Failure to keep honest or accurate time records will subject an employee to disciplinary action, up to and including termination. 29 Falsifying time records is a serious matter. Employees may not change time after it is already recorded, enter a false time on purpose, tamper with time records, or record other employees’ time for them. Any changes to a timecard must be made by the employee's supervisor, signed by both the employee and the supervisor, and then digitally recorded in the payroll system. Employees falsifying a time record or engaging in any other conduct that violates this policy may be subject to disciplinary action, up to and including termination. Section 660.000 Pay Period Public Works employees are paid weekly and exempt and non-exempt employees are paid bi-weekly. In the event an employee plans to be absent on the designated pay day, he or she may request payment on the last work day prior to such absence. When the payday is on a holiday, employees normally will be paid on the last working day before the holiday. Upon receipt of your paycheck, each employee shall review it for accuracy. If there is a discrepancy in your paycheck, including any vacation/sick time balances, you must advise your Department Head immediately. On pay day, paychecks may be given to the Department Head or his or her designee, but will not be given to another person unless authorized in writing. Section 670.000 Payroll Deductions Federal and state laws require the City to make certain deductions from your earnings, including income tax and Federal Insurance Contributions Act (FICA) withholdings. The City may also be required to make deductions from your earnings pursuant to any garnishment proceedings filed against you. No deductions, other than those legally required, will be made from your paycheck without your consent. You may authorize deductions for participation in medical, dental insurance, and other benefits the City offers. If you believe any improper deductions have been made from your paycheck, you should report the matter to the City using the Complaint Procedure set forth in this Manual. 30 Chapter Seven: Employee Expectations Section 700.000 Employee Privacy Policy It is the City’s policy to respect the privacy of employee personnel and payroll records to the extent possible while at the same time complying with the City’s operational needs and all obligations regarding the public availability of open records and required production of records pursuant to a subpoena, court order, or otherwise. Therefore, absent the consent of the individual involved, a request made under the Georgia Open Records Act, or a subpoena, court order, or other circumstances requiring production, employee personnel and payroll records will only be made available for inspection and review to authorized individuals on a “need-to-know” basis. In addition, an employee will be given access to inspect their own personnel and payroll records upon request and scheduling an appointment at appropriate time, outside of the employee’s work hours, that is approved by the Human Resources Manager. The employee will be charged for any copies requested at the same rate the City charges for copying documents pursuant to an Open Records Request. An employee may request, through their Department Head, the correction, amendment or supplementation of records that they believe are not accurate, timely or complete. However, such corrections, amendments, or supplementation is not guaranteed and will only be made in the discretion of the City Manager. Section 710.000 Search and Inspection of City Property Employees shall have no expectation or right of privacy with respect to City facilities, property, and equipment including computers, desks, cabinets, drawers, and lockers. Employees shall not affix any personal locks to any City facilities, property, and equipment. The City reserves the right to search all City facilities, property, and equipment at any time with or without notice and for any reason, and to search employee personal items that are located or stored in any City facility, property, and equipment for workrelated reasons, upon reasonable suspicion for such reasons. Please also refer to the City’s Use of Technology Resources Policy. Section 720.000 Code of Conduct Since its inception, the City and its employees have been committed to ethical practices, honesty, fair dealing, and full compliance with all the laws affecting the City’s activities. This code of conduct is general in nature and is not meant to cover all possible situations. In order to support the mission of the City, employees are committed to the following principles: 1. Quality: Everything we do has our signature on it. Anything worth doing is worth doing right. Services we provide and work we perform should be a source of pride for us and for the citizens of this community. 2. Respect: The City, and each employee, is obliged to treat all people within this organization and throughout the community with the highest respect. In return, the City expects its employees to be treated in the same manner. As a guide, we should strive to treat each citizen, customer, and fellow employee in the same way we would treat a member of our own family under similar circumstances. The use of profanity in the workplace is not allowed and may subject employees to discipline, up to and including termination. 3. Efficiency and Economy: The City strives to provide innovative, high quality services and 31 responsible stewardship of the community’s resources to benefit current and future generations. Each City employee is to give a full day’s labor for a full day’s pay. Give your earnest effort and best thought, seek to find and employ the most efficient and economical means to get tasks accomplished. 4. Loyalty: Each City employee has the duty to actively support the goals and mission of the City and to act in accordance with its needs and goals. This commitment to the organization means that we are to act only in the best interest of the community and avoid any perception to the contrary. The interests of the City community and this municipal government can never be served by compromising our principles. 5. Integrity: All City employees have a responsibility to adhere to these basic principles of conduct and to all policies and ordinances of the City in their daily activities on behalf of the community. Citizens observe our actions each day. Even minor mishaps and policy violations can project a negative view in the mind of the public. For example, littering, smoking in restricted areas, and violations of parking ordinances and traffic laws can damage the respect that citizens have for municipal government employees. We are all held to a high standard and must avoid any appearance of violation of the City policies, ordinances, and laws. 6. Principles of Ethical Conduct: Every employee has the obligation to conduct himself/herself according to the highest ethical standards and to comply with these principles of ethical conduct and all policies of the City. a. Equipment and property of the City must only be used for purposes that are proper in conducting the work of the City. b. All payments for goods or services must be for proper purposes and shall be set forth in documentation supporting the payment. c. All entries made to the financial records must be true, complete, accurate and consistent with generally accepted accounting principles, with no omissions. 7. Conflict of Interest: Never engage in business with the City government, either directly or indirectly, which is inconsistent with the conscientious performance of your City governmental duties. We are held to a high standard to avoid the appearance of dispensing special favors or privileges to anyone. Section 730.000 Progressive Discipline Progressive discipline includes a series of increasingly severe penalties for repeated offenses, typically beginning with a counseling to termination. Disciplinary action may include a coaching, verbal counseling, written warnings, suspension without pay, and termination from employment. However, the City reserves the right to combine and skip steps depending on the circumstances of each situation and the nature of the offense. Formal Disciplinary Action will comprise of three levels. Level One will be an oral reminder or coaching session. The supervisor will speak with the employee regarding the violation of the policy/procedure or infraction and explain the consequences if the problem continues. If no further disciplinary actions occur over a six-month period, the discipline will be deactivated. Level Two will be a written reminder. The employee will receive a formal write-up of the policy/procedure violated, the date the infraction occurred and exactly what occurred. The employee will provide his/her statement, sign the form and during the 32 meeting the supervisor will obtain the employee’s agreement to change and outline the action the employee will take to resolve the issue. The supervisor and the employee will sign the agreement and it will be placed in the employee’s personnel file. The employee will return and be placed on a performance improvement plan for a set number of days with goals and actions to be accomplished during a 30, 60 or 90-day period. Level Three will result in decision making leave. The employee will receive a formal discipline report with the policy/procedure or infraction violated, dates these incidents occurred and a suspension. If further discipline continues after level three and no positive improvement has been made the final result will be termination. The following examples may result in disciplinary action, up to and including termination: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Misconduct; Violation of the City’s policies set forth in this Manual or in the City’s charter or any City resolution or ordinance; Insubordination; Excessive absenteeism or tardiness, being absent three or more days without notification; Violation of the City’s Drug-Free Workplace Policy, including possession, use or sale of drugs or alcohol during working hours, reporting to work under the influence of drugs or alcohol, or unlawful use of drugs or alcohol; Possession of dangerous instruments on City property, including illegal firearms; Unsatisfactory job performance; Suspicion of theft or dishonesty; Violation of the City’s Equal Employment Opportunity Policy or disrespect toward fellow employees, customers, visitors or other members of the public; Violation of the City’s Workplace Violence Policy; Using the computer systems, including accessing and deleting confidential computer files and data; Sabotaging the facility, grounds or equipment; Engaging in indecent behavior; Soliciting gifts or tips from business-related contracts; Disrespectful or unprofessional conduct; Unauthorized or inappropriate use or disclosure of confidential information or trade secrets; Violating the City’s Dress Code Policy, including wearing one’s City work uniform while off duty; and Other misconduct as determined by the City. Responsibilities of Employees It is the duty and the responsibility of every employee to be aware of and abide by existing policies and work rules. It is also the responsibility of employees to perform their duties to the best of their ability and to the standards set forth in their job descriptions or as otherwise established. Employees are encouraged to take advantage of all learning opportunities available and to request additional instruction when needed. Responsibilities of Supervisors, Managers and Directors The immediate supervisor, manager or director should approach corrective measures in an objective manner. If the employee’s performance or assigned tasks is the issue, the supervisor, manager or director should confirm that proper instructions, appropriate orientation and training have been given and that the employee is aware of job expectations. Not only single incidents, but also patterns of poor performance, should be of concern as these are indicative of overall performance. If misconduct is the issue, the supervisor manager or director should take steps to ensure that the employee has been made aware of the 33 City’s policies and regulations regarding the infraction. If, in either case, appropriate instruction or information was not communicated, a performance improvement plan for such communication should be immediately developed and reviewed and signed by the employee. Document the discussion and followup to make sure that the problem has been solved. Dismissal Dismissal is an immediate termination of employees for serious breaches of responsibility, unsatisfactory performance or misconduct. A supervisor or department head may recommend termination after consultation with the Human Resources Manager. Final approval will be required from the City Manager. Section 740.000 Bulletin Boards/Solicitation & Distribution Bulletin Boards are provided for official City business, announcements, holiday notices, job openings, policies and procedures. Any posting on bulletin boards shall only be upon written authorization by the City Manager. Employees should periodically check the boards for updates or new announcements. Bulletin boards shall not post commercial or political advertising or any other activity, meetings or announcements unless sponsored by the City. It is the City’s policy to forbid all solicitation for contributions, membership in clubs or organizations, signatures for petitions or the sale of consumer products, or other outside business on City premises. An exception is made for City-approved charitable endeavors. The City may also choose to recognize charitable drives as a community-backed effort. In order to avoid unnecessary annoyances and interruptions during the workday, solicitation by an employee of another employee is prohibited on the premises. Distribution of literature by employees is prohibited at all times on City premises. Non-employees may not solicit for any purpose or engage in distribution of any literature or commercial goods of any kind in work areas at any time. 34 Chapter Eight: Employee Benefits Note: The information in this Manual is current when published but the benefits provided may have changed since publication of this Manual. The benefits below may be added to, terminated or changed by the insurer at any time. Please consult the insurance broker or provider, if you have a question about your benefits or coverage. Section 800.000 Employee Benefits The City may offer certain benefits to its employees and their dependents. Benefits are not offered to spouses of City employees who are employed and offered coverage through their employer. All benefits are accompanied by eligibility requirements which must first be met by the employee and dependents (if applicable) before being eligible for coverage. All provisions for the various benefits and eligibility for same are governed by each benefit plan instrument which may be a plan document or certificate of coverage, or both. All employees will receive information explaining the plans in detail. This information also may be available in Human Resources at City Hall. In general, however, the following summarizes certain benefits the City may offer to employees. Any conflicting provisions contained in the applicable plan documents are controlling over the summaries provided below. Elected and Mayoral or City Council Appointed Officials may be eligible for different or additional benefits not available to regular employees, in accordance with the provisions of the applicable benefit policy. All rights and benefits are determined in accordance with the provisions of the applicable benefit policy, and employee, elected official, and appointed official benefits are effective only if such individuals are eligible for the benefit (including any insurance) and remain covered or insured in accordance with policy terms. Any benefit policy is subject to amendment, suspension, modification, or termination in accordance with any provision thereof or at the discretion of the City without the consent, notice to or concurrence of any person covered or insured thereunder. Section 810.000 Health, Dental and Vision Insurance The City may offer, if economically feasible, medical, dental, and/or vision coverage for eligible employees and their eligible dependents. Medical insurance may be offered for purchase by the employee and may be subsidized by the City at a level approved by the City Council on an annual basis. Employees are eligible to be covered for medical insurance on the first (1st) of the month following thirty (30) days of employment. Section 820.000 Life Insurance The City may offer, if economically feasible, basic life insurance to eligible employees to help them protect their family in the event of the employee’s death. Basic life insurance may be offered for purchase by the employee and may be subsidized by the City at a level approved by the City Council on an annual basis. In addition to the basic life insurance, the City may offer eligible employees the opportunity to purchase supplemental life and accidental death and dismemberment insurance on themselves and dependent life insurance on their eligible dependents. Employees are eligible to be covered for life insurance on the first (1st) of the month following thirty (30) days of employment. Section 830.000 AFLAC 35 The City may offer, if economically feasible, AFLAC for eligible employees and their eligible dependents. AFLAC coverage may be offered for purchase by the employee and may be subsidized by the City at a level approved by the City Council on an annual basis. Employees are eligible to be covered for AFLAC insurance on the first (1st) of the month following thirty (30) days of employment. Section 840.000 Deferred Compensation Plan The City may make available a deferred compensation program. The Deferred Compensation Program is a voluntary, tax-deferred program designed to help supplement eligible employees’ income at retirement. Through this program, eligible employees may designate an amount to be deducted from their gross salary on a before-tax basis each pay period and placed in an investment account selected by the employee. Section 840.000 Disability Insurance The City may offer, if economically feasible, Short Term Disability (STD) and/or Long Term Disability (LTD) coverage to eligible employees to provide them a portion of their salary when they are unable to work as a result of an off-the-job disability. STD and/or LTD insurance may be offered for purchase by the employee and/or subsidized by the City at a level approved by Council on an annual basis. Employees are eligible to be covered for STD or LTD insurance on the first (1st) of the month following thirty (30) days of employment. Section 850.000 Retirement The City currently pays for the employees’ pension plan at 100%. This is a non-matching plan and the employee is vested after five (5) years of employment. In addition, retirees are covered by a life insurance policy paid for by the City. Section 860.000 Social Security City employees do not pay Social Security taxes. This money is directed into the pension plan set up and administered by Georgia Municipal Association. 36 Chapter Nine: Types of Leave Section 900.000 Holidays The City observes the following holidays during the year: New Year’s Day Martin Luther King Day Good Friday Memorial Day Independence Day Labor Day Thanksgiving Friday after Thanksgiving Christmas Eve Christmas Day January 1 Third Monday in January Friday before Easter Sunday Last Monday in May July 4 First Monday in September Fourth Thursday in November Friday after Thanksgiving December 24th December 25th Observation of Holidays Holidays are observed as non-workdays with pay only when proclaimed for observance by the Mayor and Council. Holidays which occur on a Saturday will normally be proclaimed for observance on the preceding Friday. Holidays which occur on a Sunday will normally be proclaimed for observance on the following Monday. An employee who works on statutory holidays not proclaimed and observed as a nonworkday with pay and resigns or separates before the Mayor and Council authorizes a compensatory non-workday is not entitled for compensation or that statutory holiday. An employee required to work on a day proclaimed as a holiday, or an employee whose normal time off occurs on a day proclaimed as a holiday, shall be compensated for the work or granted equivalent time off. An employee who separates or is separated from employment with COS shall be paid for any equivalent time off not utilized prior to separation. A part-time employee shall not receive additional compensation or time off for a holiday which occurs on a regularly scheduled off day. An employee may not be granted a holiday in advance of the declaration and observance of such holiday. An employee shall be paid for a holiday or unanticipated non-workday only if the employee is in pay status the full scheduled work shifts the calendar day before or after the holiday; however, the compensation of an employee who is separating from employment in order to receive benefits under a state retirement system shall not be reduced by such requirement. An employee shall not be paid for a holiday if the employee is separating from state service and the holiday is in a different calendar year. An employee shall not be paid for a holiday if the employee enters or reenters state service the calendar day following the holiday. Requests to Observe Other Religious Holidays An employee who requests time away from work to observe religious holidays not proclaimed by the Mayor and Council, shall be given priority consideration. Requests for 37 priority consideration to observe religious holidays shall be made at least seven (7) days in advance and are limited to three (3) workdays in each calendar year Any paid time for such religious holiday observance shall be charged to accrued annual leave available to the employee at the time of the holiday observance. A request by an employee for time away from work shall not be denied unless (a) the employee does not have adequate accrued annual leave to cover such period of absence; or (b) the duties performed by employee are urgently required and the employee is the only person available who can perform the duties. Section 910.000 Leave and Attendance Section 910.100 Purpose The purpose of this policy is to establish guidelines for attendance and leave accrual and usage for City of Stockbridge (COS) employees. An employee’s presence on the job is important to the City; the organization’s success depends upon everyone’s contribution. For this reason, all employees are expected to report to work as scheduled, on time and prepared to start work. COS expects every employee to be at work at the agreed upon time every day. Frequent absences, without regard to the reason, can be grounds for disciplinary action up to and including dismissal. Each Supervisor/Superintendent/Manager/Director will be responsible for the attendance of all employees in his/her Division. The Payroll Office will keep complete attendance records on each employee, including annual leave, sick leave and overtime. Section 910.200 Eligibility Eligible full-time employees who are in pay status for 40 hours or more during the pay period earn annual and sick leave at the end of the pay period. An employee in pay status for less than 40 hours during a pay period earns no leave for that pay period. Eligible part-time employees who work 20 hours or more per week earn annual and sick leave at the end of the pay period. The leave earned shall be prorated by the percentage of time worked. The following employees are not eligible to earn annual or sick leave: intermittent appointment; part time employees who work less than 20 hours per week; or employees on a time-limited basis anticipated to last less than 9 months. Employees receiving service disability, or involuntary separation retirement benefits are not entitled to earn leave. Section 910.300 Accrual of Annual Leave A. Rate of Accrual Eligible full-time employees shall earn leave as follows: . Years of Service Days per year 0-2 3-5 6-10 11-14 15 -20 21-25+ 10 12 15 17 20 25 38 Hours per pay period* 3.08 3.70 4.61 5.23 6.16 7.70 An employee shall begin accruing at the advanced rate the month following completion of the required months of service. B. Use of Annual Leave Annual leave should be requested in a timely manner and may be used upon approval of the unit supervisor or the supervisor’s designee. No employee shall be granted use of sick or annual leave before such leave has been earned. C. Leave of Absence Without Pay An employee who is absent after all sick and annual leave is used shall be placed on Family or Medical Leave without Pay, leave without Pay, or released. Upon expiration of all accrued annual leave an employee may upon written request be granted a leave of absence for personal reasons. Such leave of absence shall be granted as Leave without Pay. The employee’s right to return at the expiration of the leave shall be contingent upon there being a suitable vacancy available as specified at the time the leave is granted. Section 910.400 Carry Over of Annual Leave Annual leave shall be cumulative for not more than 240 hours. The maximum balance of annual leave that may be carried forth to the next month is 240 hours. All annual leave in excess of 240 hours will be forfeited upon each employee’s anniversary date. Section 910.300 Prior Accrued Leave Annual days accrued under the former PTO days will replace paid time off allotted under prior City policies. All PTO will be converted to annual leave and sick days, into an equivalent amount of upon adoption of this manual effective January 1, 2017. Section 910.400 Annual Leave Pay Out Payment for accrued and unused annual leave up to 240 hours may be made on the pay period following the employee’s last pay period in pay status provided the employee separates in good standing. Section 910.500 Submission and Approval of Leave Request Employee Responsibility Employee is responsible for submitting annual leave with as much advance notice as possible but no less than two business days of the requested leave date. Sick leave should be submitted within one business day after return to work. Manager Responsibility Managers are to approve leave requests within two business days after submission from employee. All leave must be approved by close of business two days after the pay cycle. In the event that an employee is out for an extended absence and is unable to submit their leave, the manager will submit the leave on behalf of the employee. 39 Approval of Leave Leave is a benefit that is available to an employee upon approval of the employee’s supervisor. The employee must be responsible for obtaining proper authorization for all absences and submitting supporting documents as required. Upon approval of the Human Resources Office and upon written notice to the employees in the unit, individual supervisors may specify a procedure for employees in that unit to follow in requesting the use of sick and annual leave. Supervisors must follow what is stipulated in the employee manual when administering and managing employee’s leave. In general, a request for leave must be approved in advance of the absence. In case of emergency situations or unanticipated illness, the employee is responsible for contacting the unit supervisor or the supervisor’s designee at the beginning of the workday or in accordance with the policy set forth in the work unit. Each supervisor is responsible for insuring the proper reporting of absences of employees under his or her supervision. Section 920.000 Jury, Civil, and Voting Leave An employee shall be given time off without loss of pay when performing jury duty or when subpoenaed to appear before a court, public body, or commission in connection with City business. Employees must provide notice of jury summons or subpoena and should make arrangements with their supervisor as soon as a summons or subpoena is received. Employees are expected to promptly return to work if they are excused from jury duty or appearance for testimony during their regular working hours. Employees also may be given up to two (2) hours of unpaid leave to vote on the day of an election. However, such leave may only be taken during the hours specified by your Department Head. This provision does not apply to employees whose hours of work begin at least two hours after the polls open or end at least two hours before the polls close. Section 930.000 Bereavement Leave (Immediate Family Defined): For use of bereavement leave the employee will be granted three (3) days not charged to sick leave for his/her immediate family defined as the employee’s spouse, child, parent, brother or sister. Immediate family also includes any other person residing in the employee’s household and who is recognized by law as a dependent of the employee. Section 940.000 Military Leave Pay for Military Leave Employees ordered to military duty without their consent shall be paid their salary while performing such duty and while going to and returning from such duty not to exceed a total of one hundred forty-four (144) hours in any one federal fiscal year and not exceeding one hundred forty-four (144) hours in any one continuous period of such absence. Employees ordered to military duty with their consent shall be paid their salary while performing such duty and while going to and returning from such duty, not to exceed a total 40 of one hundred forty-four (144) hours in any one federal fiscal year and not exceeding one hundred forty-four (144) hours in any one continuous period of such absence only if the period of ordered duty is 30 days or less. Employees ordered to military duty of more than 30 calendar days with their consent shall be granted a leave of absence without pay for the entire period of such duty as required by law. Employees who are absent from work due to orders received to report for any pre-induction or other examination to determine physical or other fitness for service in the armed forces of the United State, may request the use of accrued annual or personal leave. An employee who does not desire to use accrued leave for this purpose, may be granted a leave of absence without pay for the period of the absence. In the event the Governor declares an emergency and orders an employee to Active Duty as a member of the National Guard, the employee shall be paid his or her salary while performing such duty not to exceed two hundred forty (240) hours in any one federal fiscal year and not exceeding two hundred forty (240) hours in any one continuous period of such State Active Duty service. An employee whose work schedule is established as less than forty (40) hours per week shall be eligible for paid leave prorated upon the employee’s normal work schedule. Employees ordered to military duty who exceed 144 hours may elect to use annual, personal, and compensatory time in lieu of leave without pay. Employment Reinstatement Employees who are called to active duty have a right to reemployment after their tour of duty is finished as long as their duty time does not exceed five years, including any previous active duty. Time during which an employee is absent shall not constitute an interruption of continuous employment. Section 950.000 Sick Leave All eligible full-time employees, compensated on a weekly and b-weekly earn sick leave at a rate of 2 to 4 hours per pay period regardless of length of service. Sick leave is not transferable to annual leave. Limitation of Accrual Sick leave shall be cumulative for not more than 480 hours. The maximum balance of sick leave that may be carried forth to the next month is 480 hours. All sick leave in excess of 480 hours will be forfeited at the end of the month in which it is accrued. Use of Sick Leave Sick Leave may be used upon approval of the unit supervisor or the supervisor’s designee for absences due to the following circumstances:  Personal illness or disability  Absences necessitated by employee’s exposure to contagious disease where the health of others would be endangered  Personal dental or medical care  Illness or accident in employee’s immediate family which requires the employee’s presence  Dental or medical care in employee’s immediate family which requires the employee’s presence 41  Death in employee’s family, that is not otherwise defined under bereavement leave. Sick leave may be used in the amount necessitated by the circumstances. Personal Illness During a Period of Annual Leave If an employee is ill for three workdays or more during a period of annual leave, the period of illness may be charged to sick leave upon presentation of satisfactory written evidence. The charges against annual leave shall then be reduced accordingly, provided that the request for substitution of sick leave for annual leave is submitted to the Human Resources Office within two weeks after the employee has returned to duty. No substitution of sick for annual leave is permitted for illness of a family member, nor is substitution allowed for any employee illness of less than three workdays. Sick Leave Exhausted If absent because illness extends beyond the sick leave accrued to the employee, the absence will be charged to accrued annual leave. No request is necessary. Compensable Injury or Disease An employee shall not be allowed to use accrued leave for absences due to an accidental injury or occupational disease which is compensable under the Georgia Workers’ Compensation Act, until the employee elects in writing to use accrued leave in lieu of worker’s compensation benefits. The leave granted for such purpose shall be credited on a day-for-day basis as compensation against any indemnity award by the State Board of Workers’ Compensation. A written election to use accrued leave in lieu of workers’ compensation benefits may be executed prospectively. Sick Leave or Disability Leave Without Pay Documentation: Employees are required to submit a statement from an attending physician certifying the period of expected illness or disability for use of five (5) continuous days or more of sick leave or disability leave without pay. Upon advance notice to the employee, the authorizing supervisor may require satisfactory evidence for use of any amount of sick leave; however, such evidence will not be required for use of less than seventeen (15) hours of sick leave in any thirty (30) day period unless the employee has demonstrated excessive or abusive use of sick leave. Excessive or abusive use of sick is defined as a pattern of intermittent, short-term usage. Establishment of this pattern includes but is not limited to the following indicators:       Frequent use of sick leave in conjunction with holidays, scheduled off days, or distribution of paychecks; Frequent use of sick leave when scheduled for undesirable temporary shifts or assignments, or during periods of peak workloads; Request sick leave for an absence for which annual leave has previously been denied; Frequent occurrences of illness during the work day; Peculiar and increasingly improbable excuses; Repetitive use of less than 15 hours of sick leave in thirty (30) day periods; 42  Prior written notification of failure to adhere to procedures for approval of leave, inappropriate attendance, or inappropriate use of leave. If a period of certified disability appears to be lengthy, the Human Resources Office may, at its discretion, request a re-certification with detailed explanation of the length of disability or may request or require a review by an independent physician. An employee who does not submit satisfactory evidence for use of ten (10) days or more of sick leave or disability leave without pay, or for use of any amount of sick leave when notified in advance that evidence is required may be placed on Unauthorized Absence. An employee may be separated as if voluntarily resigned after five (5) consecutive days of Unauthorized Absence. Conditions for Return to Duty An employee who is absent from duty with or without pay because of illness or disability may be required to supply an appropriate medical release or certification that the employee is able to return to duty. Such release or certification shall indicate the extent to which the employee is able to perform the essential functions of the employee’s position and may be required as a precondition to the employee’s return to duty. In accordance with the Return to Work Program, employees with occupational or nonoccupational injuries/illnesses are encouraged to return to work as quickly and safely as possible through the development of a transitional employment plan. An employee who is unable to obtain a medical release or certification to return to duty may request an extension of leave, if applicable, or shall be separated from employment as a voluntary separation. Disability Leave Without Pay An eligible employee who does not have sufficient sick, or annual l leave to cover a period of disability or illness may request a leave of absence without pay for the period of the disability or illness as certified by the attending physician. Unless the employee is eligible for Family Leave in accordance with the Family Leave Policy, return from such leave of absence without pay shall be contingent upon there being a mutually suitable vacancy at the time the employee is ready to return. The maximum amount of time an employee may be placed on leave of absence without pay is twelve (12) months. Any request for extension beyond the period initially requested by the employee must be in writing in advance and supplemented by an additional certification of disability. If an employee does not return to duty at the expiration of an approved leave of absence, whether due to the employee’s action or due to the lack of a mutually suitable vacancy, the employee shall be released from employment as a voluntary separation. Section 960.000 Section 960.100 Family and Medical Leave Act (FMLA) Scope of Policy The Family and Medical Leave Act of 1993 (“FMLA”) provides unpaid, job-protected leave to 43 eligible employees for certain family and medical reasons, without loss of health insurance benefits. The existence of this Policy shall not alter or expand the statutory requirements of the FMLA, and application of this Policy is correspondingly limited to those employers and employees who are protected based on the provisions of the FMLA. Section 960.200 A. Request for and Designation of Leave To request FMLA leave, the employee must complete and sign a Request for Family and Medical Leave form and submit it to the Human Resources Manager. When the need for FMLA leave is foreseeable, the employee must provide notice and submit the Request for Family and Medical Leave form at least thirty (30) calendar days in advance of the effective date of the leave. If 30 days’ notice is not practicable (such as if the employee is uncertain as to when the leave will begin or in the case of a medical emergency), the employee must provide notice as soon as practicable. If the need for leave is not foreseeable or in the case of a qualifying exigency, the employee must give the City notice of the need for FMLA leave as soon as practicable under the particular circumstances. Section 960.300 Certification and Recertification of Leave A. The City requires that an employee provide a complete and sufficient certification of a serious health condition of the employee or the employee’s a family member, of a qualifying exigency, or of the need to care for a covered service member with a serious injury or illness. Certification forms are available from the City’s Human Resources Department. The employee must submit the completed certification form to the City within 15 calendar days, unless it is not practicable to do so under the particular circumstances. Failure to provide such certification may result in the delay or denial of FMLA leave. B. If the City has reason to doubt the validity of a medical certification, the City, at its own expense, may require a second medical opinion from a physician it chooses. If the first and second opinions differ, the City, at its own expense, may require the opinion of a third health care provider that is approved jointly by the City and the employee. The third opinion will be considered final and binding. C. Where the employee’s need for leave is due to the serious health condition of the employee or covered family member and lasts beyond a single leave year, the City requires the employee to provide a new medical certification in each subsequent year leave is taken. D. Where leave is taken for the serious health condition of the employee or the employee’s covered family member, the City may require recertification of the leave every six (6) months, or on a more frequent basis in certain circumstances. E. Employees returning from an approved FMLA leave due to their own serious health condition will be required to present a fitness-for-duty certification from their health care provider indicating that they are medically able to resume work. This certification specifically must address the employee’s ability to perform the essential functions of his or her job. The City may delay returning the employee to work until this certification is received. Failure to provide this certification may subject the employee to termination. F. In the case of intermittent FMLA leave for an employee’s own serious health condition, employees are required to present a fitness-for-duty certification every 30 days if the City 44 determines that reasonable safety concerns exist regarding the employee’s ability to perform his or her duties because of the employee’s serious health condition. Section 960.400 Employee Responsibilities While on Leave A. During an approved FMLA leave, employees are entitled to the same health insurance they had before the leave began. Employees who pay some or their entire health insurance premium will be required to continue to pay the premiums in order to continue benefit coverage during the leave period. The employee is responsible for making arrangements to pay any premiums due during the leave period. Employees who do not return to work following FMLA leave will be liable for the payment of any health insurance premiums paid by the employer during unpaid FMLA leave, unless the failure to return to work was due to the continuation, recurrence, or onset of a serious health condition or for other circumstances beyond the employee’s control. B. Employees will be required to periodically advise the City of their status and intent to return to work at the conclusion of the FMLA leave. Employees also must provide notice to the City at least two (2) business days prior to their return to work. If an employee unequivocally indicates his or her intent not to return to work after taking FMLA leave, the employee is subject to termination. C. While on leave, the employee may not be eligible for bonuses or other payments based on attendance or job-related performance goals, in the City’s discretion, where the employee has not met that goal due to FMLA leave. D. Outside employment during your leave period without City approval is prohibited and may result in disciplinary action, up to and including termination of employment. Section 960.600 Return from Leave A. Employees returning from FMLA leave will be restored to the same or an equivalent job. The FMLA does not entitle a restored employee to any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken leave. B. A request to substitute paid leave for unpaid FMLA leave or a request for any leave not covered by the FMLA may be subject to additional approval, certification, and reinstatement requirements. In addition, employees requesting to substitute paid leave for unpaid FMLA leave or requesting other approved leave will be required to complete all applicable forms. Section 960.700 Complaint Procedure If you believe you have been denied any right under the FMLA, contact the Human Resources Office. Section 970.000 Workers’ Compensation All employees are covered under the provisions of the Workers’ Compensation Act. This act provides protection of the employee in the event of injury or death arising out of and in the course of performing work for the City. It is designed to pay medical expenses for an on-the-job injury or illness and pay a portion of the employee’s lost wages. If you are involved in an accident during any time for which you 45 are earning wages from the City, you are to immediately notify your supervisor so that a First Report of Injury form can be completed, as is required by law. If medical attention is necessary, you must seek treatment from a physician listed on the “Panel of Physician’s,” which is posted in your department. In the case of an emergency, seek treatment from the nearest emergency room, urgent care clinic, or physician. If an employee is out for an extended time and there is no leave to cover his/her absence, while on worker’s compensation, he/she will be responsible for paying their medical/dental/vision/ family coverage, deferred compensation and any other ancillary benefits until they return to work. Section 980.000 Donated Leave A. General Provisions/Definitions: For purposes of this policy:  “Recipient" means an eligible employee who has been authorized to solicit donations of leave from other employees.  "Donor" means an eligible employee who has elected to donate leave to another employee. Leave donation shall be from employee to employee and shall be strictly voluntary. The identity of donors shall be confidential and shall not be provided to the recipient or to any other individual unless necessary to administer the donation or required by law. B. Exclusions An employee shall not be eligible to solicit leave donations for:  Any occupationally related accident or illness which is compensable under Workers' Compensation benefits; or,  Disability incurred in the course of committing a felony or assault; or  An abuser of accrued leave. C. Approval and Solicitation City of Stockbridge (COS) shall have the discretion to approve all requests for solicitation of leave donations prior to the circulation of such solicitation. Following approval of a request to solicit leave donations, COS shall designate staff to assist the recipient in developing a solicitation announcement. The recipient or the recipient's designee shall agree, in writing, that the announcement is satisfactory prior to any circulation of such announcement. Solicitation announcements shall be circulated to the extent necessary in order to encourage donations. COS shall determine the scope and duration of solicitation announcements; provided, however, solicitation announcements shall be posted for not less than ten (10) work days. D. Donor To be eligible to donate leave a donor must:  Have been continuously employed for not less than twelve (12) months in a position(s) entitled to earn leave;  Be a COS employee;  If donating annual leave, have a balance of not less than eighty (80) hours of annual leave after donation; and;  If donating sick leave, have a balance of not less than eighty (80) hours of sick leave after donation.  A donor may donate any amount of annual leave or sick leave and not more than one hundred and twenty (120) hours of sick leave in a calendar year. All donations should be in increments of whole hours. 46 A donor shall identify in writing the recipient and the type and amount of leave being donated. Such authorization shall specify that the donor surrenders any claim to any donated leave credited to the recipient. Leave may not be donated to any recipient that has not been authorized by COS to receive such donations. E. Recipient To be eligible to use donated leave a recipient must:  Be employed in a position entitled to earn and use leave and not in contingent leave without pay status;  Have been continuously employed for not less than twelve (12) months in a position(s) entitled to earn leave, as of the date a request to solicit donated leave is submitted.  Have exhausted all accrued leave; and,  A good steward of using accrued leave. A recipient may request solicitation of donated leave, no more than thirty (30) days prior to going into leave without pay status. The recipient shall request solicitation of donated leave in the form and manner specified by the City and shall provide any documentation that COS may deem appropriate. F. Donations and/or Credits Donations, not to exceed two hundred and forty (240) hours, shall be credited to a recipient in a manner determined by COS; provided, however, that donations received after the maximum has been reached shall not be accepted and shall be returned to the appropriate donor. Once a recipient has returned to duty, not more than forty (40) hours of previously donated leave may be retained for the recipient’s use. Multiple donations shall be permitted for the same recipient; provided, however, no recipient shall be credited with more than four hundred (400) hours of donated leave in any consecutive two calendar year period. G. Penalty No employee shall threaten, coerce or attempt to threaten or coerce another employee for the purpose of interfering with rights involving the donation, receipt or use of leave. Such prohibited acts shall include, but not be limited to, promising to confer or conferring a benefit such as appointment, promotion or salary increase, or making a threat to engage in, or engaging in an act of retaliation against an employee. Any violation of this shall be considered to be misconduct and shall be subject to disciplinary action up to and including dismissal. 47 Chapter Ten: Separations Section 1000.000 Types of Separation The following identifies the types of separations that may occur from one’s employment with the City: voluntary resignation, compulsory resignation, layoff, disability, death, retirement, and involuntary termination, job abandonment. Section 1100.000 Return of City Property At the time of separation, all records, assets and property of the City held by the employee must promptly be returned to their Department Head. The Department Head will sign certification regarding receipt and clearance to this effect. Any amount due because of a shortage in the above shall be paid by the employee. In the case of a Department Head being terminated, all records, assets and property of the City held by the employee must be submitted to the City Manager. Section 1200.000 Notice of Resignation In order to resign in good standing, an employee must give a two week written notice to their Department Head. Failure to comply with this policy shall be noted in the employee’s personnel record. An employee who resigns in good standing may be eligible for rehire at the discretion of the City. Should you decide to leave your employment with the City, you are asked to provide at least two weeks’ advance notice of your resignation. Employees who are terminated are not eligible for payment of unused paid time off benefits. Employees who voluntarily terminate their employment may be eligible, to receive unused paid time off benefits, provided they provide two weeks’ notice of termination and depart in good standing. Additionally, all resigning employees may complete a brief exit interview prior to leaving. Upon termination, you must return the Employee Handbook and all City property to the City. When separating from the City employees will be removed from direct deposit and mailed their last check. Section 1300.000 Job References The City’s reference policy is that employees are not to provide any reference regarding a current or former employee’s employment with the City. Any request for a reference or employment history of any kind should be directed to the Human Resources Manager. For your information, the Human Resources Manager or his/her designee’s response will be limited to providing dates of employment, position history and salary history. No one other than the Human Resources Manager may respond to a job reference inquiry. Section 1400.00 Job Abandonment Presumptive Resignation Any employee who is absent from duty for three (3) consecutive workdays or equivalent of 24 hours, without proper authorization thereof, within the discretion of COS, may be deemed to have resigned voluntarily from employment. The employee shall be notified of the separation in writing. Failure to Return from Leave of Absence Any employee who fails to return to duty at the expiration of a leave of absence may, in the discretion of COS, be deemed to have resigned voluntarily from employment. The employee shall be notified of the separation in writing. 48 The City of Stockbridge Employee Manual Acknowledgement Form I have received a copy of the Employee Manual (“Manual”) for the City of Stockbridge (“City”) and accept responsibility for reading the Manual and becoming familiar with its contents. I acknowledge that the Manual contains an Equal Employment Opportunity Policy (“EEO Policy”) that prohibits discrimination, harassment, and retaliation in the workplace, and that if I believe I have experienced or witnessed any conduct in violation of that policy, I am to report such conduct using the Complaint Procedure therein. I acknowledge that I am responsible for complying with the expectations and policies in the Manual, and that my violation of any expectation or policy therein may subject me to disciplinary action, up to and including termination of employment. I understand that the Manual is only intended as an advisory guide to assist with the management of personnel issues for the City, and is not intended to address every situation that may arise or to create specific policy to be applied in every instance. The provisions and guidelines in the Manual are not binding on the City and may be changed, interpreted, modified, revoked, suspended, terminated, or added to by the City at any time, at the City’s sole option, and without prior notice. I acknowledge that nothing in the Manual is intended to create, comprise, or define, nor should it be construed to constitute, any type of oral or written employment contract, promise, or guarantee, express or implied, between the City and any one or all of its employees. Nothing in the Manual provides me with any assurance of, or property right in, employment or continued employment with the City. In the absence of a specific agreement to the contrary, authorized in writing by the Mayor, my employment with and compensation from the City are for no definite period of time and may be terminated by me or the City at any time, for any reason, with or without cause, and with or without notice. I understand that any written or oral statements or promises to the contrary are hereby expressly disavowed and are not relied upon by me. ________________________________________ Signature ________________________________________ Witness ________________________________________ Print name ________________________________________ Print name ________________________________________ Date ________________________________________ Title 49