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HomeMy WebLinkAboutRESOLUTION NO. 2015-54 RESOLUTION NO. 2015-54 A RESOLUTION TO APPROVE THE PERSONNEL POLICY MANUAL WHEREAS, The City of Fairfax, Iowa desires to have a personnel policy manual which explains their current policies and procedures; and WHEREAS,the City of Fairfax's employees desire to have a personnel policy manual to inform them of such policies and procedures. i NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Fairfax, Iowa,that they adopt the attached.personnel policy manual; and BE IT FURTHER RESOLVED, by the Fairfax City Council of the City of Fairfax, Iowa, that the City Clerk is directed to distribute this manual to all employees and members of management and the Mayor and City Clerk are hereby directed to certify this resolution of approval. Passed and approved this 9th day of June, 2015. AYES: Beer, Frieden, Otto, Magers, and Wainwright NAYS: None Jason Xabe,Mayor ATTEST Cy thia Stimson, City Clerk/Treasurer of. a. 100i6v'b®.. y'. PO j J- M� PERSONNEL POLICY MANUAL ADOPTED BY THE FAIRFAX CITY COUNCIL June 9, 2015 CHAPTER l -WELCOME CHAPTER 2-EMPLOYMENT 2.1 Definitions of Employee Status 2.1.1 Full-time Regular Employee 2.1.2 Part-time Regular Employee 2.1.3 Temporary or Seasonal Employee 2.2 Equal Employment opportunity 2.2.1 Job Opening Posting 2.2.2 References 2.2.3 Physical Examination 2.2.4 Proof of Employability 2.2.5 Background Checks 2.2.6 Employment of Relatives 2.2.7 Employment of Minors 2.2.8 Rehires 2.3 ADA Compliance 2.4 Harassment 2.5 Preventing Sexual Harassment in the Workplace 2.5.1 Purpose 2.5.2 Definitions 2.5.3 Procedures 2.6 New Position Orientation Period 2.7 New Hire's Probationary Period 2.8 Residency Requirements 2.9 Personnel Records and Privacy CHAPTER 3-PAYROLL PRACTICES AND HOURS OF'WORK 3.1 Salary Schedule 3.2 Rates of Pay 3.3 Salary,Adjustments 3.4 Total Remuneration 3.5 Temporary Pay Increase 3.6 New Appointments 3.7 Performance Evaluation 3.8 Hours of Work 3.9 Pay Periods 3.9.1 Weekly 3.9.2 Monthly 3.9.3 Annually 3.10 Deductions From Pay 3.10.1 Voluntary Deductions 3.10.2 Garnishments from Pay 3.11 Overtime and Compensation 3.11.1 Overtime Work 3.11.2 Minimum Show-up Time 3.11.3 Compensatory Time Off 3.11.4 Compensatory Time Off Pay Upon Termination 3.11.5 Overtime Computation 3.12 Attendance CHAPTER 4..EMPLOYEE BENEFITS AND SERVICES" 4.1 Holidays 4.1.1 Holidays Observed 4.1.2 Holiday Pay 4.1.3 Holidays on Saturdays or Sundays 4.2 Vacations 4.2.1 Full-time Eligibility 4.2.2 Part-time Eligibility 4.2.3 New Hires 4.2.4 Scheduling Vacation 4.2.5 Carryover 4.2.6 Vacation Pay Upon Termination 4.3 Sick Leave 4.3.1 pull-time Eligibility and Accrual 4.3.2 Part-time Eligibility and Accrual 43.3 Unpaid Leave of Absence 4.3.4 Notification and Verification 4.3.5 Abuse;of Sick Leave 4.3.6 Conversion of Sick Leave Upon Termination 4.3.7 Work-related Injuries 4.4 Family Medical Leave 4.4.1 Leaves Available 4.4.2 :Eligibility Requirements 4.4.3 General Provisions 4.4.4 How and When Leave May be Taken 4.4.5 Notice Requirements 4.4.6 Medical Certification 4.4.7 Rights and Benefits During Leave 4.4.8 Returning to Work 4.5 Military Leave 4.5.1 Leaves Available 4.5.2 Reemployment Rights-Eligibility 4.5.3 Continuation of Benefits,During Military Service 4.6 Bereavement Leave 4.6.1 Full-time Eligibility 4.6.2 Part-time Eligibility and Accrual 4.6.3 Use 4.6.4 Payment 4.6.5 Unpaid Bereavement Leave 4.7 Jury and Witness Duty 4.8 Voting Leave 4.9 Pregnancy/Maternity Leave 4.10 Unpaid Leave of Absence 4.11 Group Health and Life Insurance Benefits 4,11.1 Eligibility 4.11.2 Start of Coverage 4.11.3 Continuation of Coverage 4.11.4 Life Insurance 4.11.5 Continuation Coverage under Iowa Code Chapter 509A 4.12 Personal Days 4.12.1 Full-time Eligibility and Accrual 4,12.2 Part-time Eligibility and Accrual 4.13 Business Travel 4.13.1 Authorization 4,13.2 Travel Expenses 4.13.3 Safety 4.13.4 Accidents and Violations 4.13.5 Record Keeping 4.13.6 Compensation Time 4.13,7 Conduct CHAPTER 5- STANDARDS OF CONDUCT & CORRECTIVE ACTION 5.1, Policy 5.2 Work Rules 5.3 Corrective Action/Discipline 5.4 Telephone Use CHAPTER 6- SAFETY AND HEALTH 6.1 Promoting a Safe Work Environment 6.2 Smoking Policy CHAPTER 7-EMPLOYEE COMMUNICATIONS 7.1 Privacy Expectations 7.2 Bulletin Boards 7.3 Open Door 7.4 Electronic Communications Policy CHAPTER 8-SUBSTANCE ABUSE POLICY 8.1 All Employees 8.1.1 Put-pose 8.1.2 General Rule 8.1.3 Legal Drugs 8.1.4 Alcohol or Drug Possession,Transfer of Use 8.1.5 Impairment During Work Hours 8.2 Prospective Employees 8.2.1 Drug Testing or Prospective Employees 8.2.2 Scheduling and Cost of pro-Employment Testing 8.3 Employees Covered by the Federal Motor Carrier Safety Administration 8.3.1 Testing Program 8.3.2 Designated Representative(DE'R) 8.3.3 Collection Facility 8.3.4 Documentation 8.3.5 Expenses of Administering the Testing Program 8.3,6 Refusal to Submit to a Controlled Substances Test 8.3.7 Test Results 9.3.8 Returning to Work 8.3.9 Expenses of Treatment 8.3.10 Time Off 8.3.11 Treatment and Rehabilitation 8.3.1.2 Second Positive Test Results 8.3.13 Conduct and Performance 8.3.14 Acknowledgement CHAPTER 9-MISCELLANEOUS 9.1 General Housekeeping 9.2 Use of Equipment and Vehicles 9.3 Dress Code 9.4 Uniforms 9.5 Cell Phone 9.6 Tablet Computers 9.7 Professional Met-nbersliips/Endorsements/Liceilses 9.8 Training Assistance 9.9 Disaster Recovery Plan-Computer Based Policy CHAPTER 10- SEPARATION 10.1 Employee Separation ELECTRONIC COMMUNICATION POLICY(Appendix A) A.1 Purpose A.2 Privacy A.3 Security A.4 Public Information A.5 Electronic Records Retention Policy A.6 Acceptable Use Guidelines A.7 Personal Use A.8 Violations A.9 Disclaimers DISASTER RECOVERY PLAN (Appendix B) B.1 Passwords B.2 Log Off/Time Out B.3 Running Anti-Virus Programs BA Storing of System Backup Tapes B.5 Disaster Recovery Plan STATEMENT OF UNDERSTANDING&RECEIPT OF POLICY SUPPLEMENTAL DOCUMENTS DATA's Drug and Alcohol Education Guide DATA's Signs and Symptoms of Alcohol and Controlled Substances Use DATA's List of Substance Abuse Professionals (SAP) DATA's Employee Acknowledgement Form CITY OF FA: RFA PERSONNEL POLICY MANUAL CHAPTER 1 - WELCOME Welcome to the City of Fairfax. This manual has been written to describe and outline some of the City's policies, procedures, employment benefits, and other matters concerning your employment with the City of Fairfax. Some of the policies and benefits described in this manual, such as the group health insurance plan, are covered in greater detail in official policy documents from the insurance carrier. You should refer to those documents for more information. All City of Fairfax,hx employees are covered by this manual, except: 1. Elected officials; 2. Employees hired on a contractual basis; 3. Members of boards and commissions; 4. Persons appointed to serve without compensation. This manual is provided for informational purposes only. The policies, procedures, benefits, and plans described in the manual may be revised by the City of Fairfax without prior notice. The City of Fairfax retains the exclusive right to revise the manual at any time. When changes are made,you will receive a supplement or a new manual. Any promises, representations or actions by a City official or employee that are contrary to this manual are not the official policy of the City of Fairfax and are of no force or effect. This employee manual is not intended to create any contractual rights in favor of you or the City. This manual is not to be construed as an employment contract or as a promise that you will be employed for any specified period of time. Employment can be terminated at any time at the will of either you or the City of Fairfax. Nothing in this manual changes the at-will nature of your employment with the City of Fairfax. 7 CHAPTER 2 - EMPLOYMENT 2.1 Definitions of Employee Status: 2.1.1 Full-time regular employee: Full-time regular employee means an employee hired to work the City's normal full-time thirty(30)hour work week on a regular basis. 2.1.2 Part-time regular employee: Part-time regular employee means an employee hired who may work fewer than thirty (30) hours per week on a regular basis. Part-time regular employees are not eligible for any benefits described in this manual, unless otherwise indicated or required by law. 2.1.3 Temporary or seasonal employee: ':Temporary or seasonal employee means an employee engaged to work full-tune or part-time on the City's payroll with the understanding that his or her employment will be terminated no later than upon completion of a specific assignment. Temporary or seasonal employees are not eligible for any benefits described in this manual, unless otherwise indicated or required by law. 2.2 Equal Employment Opportunity: The City of Fairfax is dedicated to equal employment and advancement opportunities. It is the City's policy to hire and promote qualified individuals on the basis of their qualifications, interest and aptitude, and without unlawful regard to race, religion, color, sex, age, national origin, disability, or any other characteristic protected by local, state or federal law and to comply with Iowa's Veteran's Preference law. This policy applies to all terms, conditions and privileges of employment, including but not limited to recruiting, hiring, training,transfers, promotions and benefits. 2.2.1 Job Opening Posting: Whenever a position with the City becomes available, a notice of such opening will be posted at City Hall, the Fairfax Public library and the Post Office for at least ten calendar days before the deadline for filling the position. The notice will contain the position title, a brief job description, and minimum hiring specifications. Resumes will be submitted to the City Clerk or designee at the city clerk's office. Applicants, including current employees, shall be considered on the basis of ability, performance, experience„ training, aptitude and other job-related qualifications. 2.2.2 References: Upon your written request, the City will release only non-confidential information, including, but not limited to, dates of employment, job description and salary. The City will release any information relating to the results of federally required drug tests in accordance with the applicable law. 2.2.3 Physical Examination: The City may require an employee to submit to a job-related physical examination by a physician designated by the City and at the City's expense, after the employee has been offered a position and before the employee starts work if the physical examination is required of entering employees in the classification. The results of the examination will be kept in a confidential file separate from other employee records. 2.2.4 Proof of Employability: To comply with the Immigration Reform and Control Act of 19,86, the City requires all employees to present documented proof of identity and eligibility in the United. States. You are required to complete Section 1 of the form 1-4 on the first day of employment,and to submit proof of employability and identity within three days of hire. 8 2.2.5 Background Check: The City of Fairfax may require a background check prior to employment,this may include credit and/or criminal information. The City of Faifax may exclude an individual from employment on the basis of these background checks if justified by business necessity. 2.2.6 Employment of Relatives: It is the City's policy to hire the best qualified person available for each position. Relatives of current employees are eligible for employment with the City, subject to limitations of state law governing the employment of relatives of public officials and employees and the terms of this policy. To avoid the appearance of favoritism and difficulties in administering discipline, the City will not hire, appoint, transfer, promote, or otherwise place an individual in a position that involves the supervision of, or by, a family member. For purposes of this policy, "family member" includes the individual's mother, father, grandparent, spouse, son, daughter, grandchild, great-grandchild, niece, nephew, aunt,or uncle. This policy applies to all City departments and all categories of employment, including full-time, part-time, and temporary classifications. 2.2.7 Employment of M� inors: Employment of all individuals under the age of eighteen (18) years, whether full-time, part-time, or temporary, shall be subject to all provisions of Chapter 92, Iowa Code and its revisions. 2.2.8 Rehires: Former employees applying to be rehired, may be considered for employment as members of thegeneral public. However, special consideration will be given to past job performance, the circumstances surrounding previous termination, and the former employee's knowledge of City procedures and operations. A person who is separated in good standing may be reinstated with prior approval of the City Council, to his/her previous position within one (1) year following separation, provided the individual has remained qualified for the position and that the position is available and such reinstatement would be in the best interest of the City. 2.3 ADA Compliance: In compliance with the Americans with Disabilities Act (ADA), the City of Fairfax will consider reasonable accommodation to enable qualified applicants or employees with disabilities to perform the essential functions of the position, The City encourages applicants or employees to make suggestions regarding reasonable accommodations to the Mayor and department supervisor, 2.4 Harassment: Harassment, retaliation, coercion, interference, or intimidation of any employee due to that employee's race,religion, color, sex, age, national origin, disability or any other characteristic protected by local, state, or federal law, is strictly forbidden. Harassing conduct in the workplace includes, but is not limited to: epithets, slurs, or negative stereotyping; threatening, intimidating or hostile acts or words; and written or printed material made or posted in the workplace or in the course of employment for the City that denigrates or shows hostility toward an individual or group. If you believe that you are being harassed or subjected to discrimination of any kind, you should use the complaint procedure outlined in the City's policy against sexual harassment in the workplace, 4 2.5 Preventing Sexual Harassment in the Workplace; 2.5.1. Purpose: It is the policy of the City of Fairfax that all employees are responsible for maintaining a workplace free from sexual harassment. Submission to sexual harassment shall not be a condition of employment or advancement with the City of Fairfax. The City strongly disapproves of offensive or inappropriate sexual behavior in the workplace and all employees must avoid any conduct which could be viewed as sexual harassment. This policy was prepared in accordance with the Equal Employment Opportunity Commission's Regulations, 29 CFR Fart 1604, and reaffirms that sexual harassment in the workplace is illegal under Title VII of the Civil Rights Act of 1964, as amended. 2.5.2 Definitions: Sexual harassment is illegal discrimination on the basis of sex.. ;It can consist of unwelcome sexual advances, requests for sexual favors, or other physical or verbal conduct of a sexual or harassing nature by supervisors, manager, co-workers,or others in the workplace. Sexual harassment exists when: 1. Submission to such conduct is made either explicitly or implicitly, a term or condition of your employment; 2. Submission to or rejection of the conduct is used as the basis for decisions affecting your employment; or 3. The conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment. Sexual harassment pray consist of a variety of behaviors, including, but not limited to the following examples: I. Verbal conduct such as sexual innuendo, suggestive comments,jokes of sexual nature, sexual propositions or threats; 2. Nonverbal or visual materials such as derogatory posters, photography, graffiti, cartoons, drawings or gestures; 3. Physical contact such as unwelcome touching,hugging,kissing, coerced sexual contact, or assault; 4. Threats or demands to submit to sexual requests in order to keep your job or receive some job-related benefit; or 5. Retaliation for reporting or threatening to report harassment. 2.5.3 Procedures: I. Any employee who has a complaint of sexual harassment at work, by anyone, including supervisors, co-workers or visitors to the workplace,should immediately bring the problem to the attention of the Mayor or, in the case of involvement by the Mayor, to their department supervisor. 2. The person receiving a complaint of sexual harassment shall immediately notify the Mayor and department supervisor who may name an impartial investigator. Investigations will be conducted in a timely manner. Confidentiality will be maintained to the extent that it is possible. 3. Investigation of complaint normally will include conferring with the parties involved and any named or apparent witnesses. All employees shall be protected from coercion, intimidation, retaliation, interference or discrimination for filing a complaint under this policy, participating in an investigation or filing a complaint with a state or.federal agency. 4. Any employee determined after investigation to have harassed another employee will be subject to appropriate disciplinary procedures depending upon the severity of the behavior, 10 up to and including termination. The City will take appropriate action intended to punish The off,'ender and to prevent further harassment. S. A non-employee who subjects an employee to sexual harassment in the workplace will be informed of the City's policy against harassment by the Mayor. Other action may be taken as appropriate. 2.6 New Hire's Orientation Period: Health insurance coverage shall not accrue to new hire employees for the first thirty (30) days of employment. Certifications, such as a commercial drivers' license, if necessary for the position, shall be gained within the first thirty (30) days of employment, unless circumstances warrant an extension of time agreed by the City. 2.7 New Hire's Probationary Period: The probationary period for a new hire will be ninety(90) days. 2.8 Residency Requirements: In order to insure a reasonable response time for emergency standby personnel of the City of Fairfax, such personnel may be required, within six (6) months of the date of hire, to establish residency within the Fairfax fire district. Emergency standby personnel are those employees in the Water, Sanitary Sewerand Public Works departments who are normally assigned weeknight and weekend standby status for emergency response to situations requiring immediate attention. For purposes of this policy, residence shall mean the actual domicile of the employee where that employee normally eats, sleeps and maintains the normal personal and household effects for daily living, "Residence" shall not include a place secured solely for the purpose of meeting the requirements of this policy which is maintained in addition to the employee's actual place of residence outside the City's maximum limit. 2.9 Personnel Records and Privacy: The City maintains personnel files on each employee. These files contain job-related information including performance appraisals, disciplinw-y records, and beneficiary designations. Any information contained in the files will be released only if required by law or if you make a written request for the City to release the information for reference purposes. If you are interested in reviewing the contents of your file, you may do so at a time mutually agreed upon by you and your department supervisor, except you will not have access to or be able to review letters of reference received or furnished by the employer or any reference check performed by the employer. A representative of the City may be present during your review. You may, at your own expense, request and receive copies of the contents of your personnel file, except as provided above. To ensure that the City's records are current, please notify the City Clerk whenever there are any changes in your home address, telephone number, marital status, emergency contact, beneficiary designations and number of dependents. CHAPTER 3 _ PAYROLL PRACTICES AND HOURS OF WORK, 3.1 Salary Schedule: In order to carry out a policy of equity regarding compensation and work,as well as to provide a systematic means for dealing with personnel matter, a salary schedule is established and will be reviewed .and approved annually by the City Council. 3.2 Rates of Pay: The City Council shall annually establish the minimum entry-level of pay (salary scale) for each position. Such salary scales will be determined by considering: the duties, responsibilities and requirements for each position; the prevailing rates of pay including indirect pay for fringe benefits for sirnilar work within the City's recruitment area for that position;cost of living adjustment; and the City's ability to pay such wages. 3.3 Salary Adjustments: The City Council shall annually review and determine the percent of salary increase for employees. The salary to be paid shall be determined annually through the evaluation of each employee's job performance by the appropriate supervisory personnel review and recommendation by the employee's supervisor or the Mayor. Evaluations are to be completed each year by June 1st. All pay increases must be approved by the City Council. 3.4 Total Remuneration: Any salary rate established for an employee shall 'be the total remuneration for the employee, but not to be construed as including overtime, group medical insurance benefits, life insurance, pension, or reimbursement of uniforms and official travel. Except as otherwise provided, no employee shall receive pay from the city in addition to the salary authorized for services rendered by him/her, either in the discharge of ordinary duties or any additional duties which may be imposed upon the employee, or which he/she may undertake or volunteer to perform. Under no circumstances may city services be extended by employees in exchange for special rewards,gifts or other remuneration from someone else. 3.5 Temporary Pay Increase: If an employee's duties are expanded temporarily,the city council may grant an increase in pay to the employee during the time the ennployee is responsible for the additional duties, 3.6 New Appointments: Upon initial appointment to a position, the employee will receive the minimum salary for the position, unless the individual selected possesses sufficient qualifications and experience relevant to the position in which case the Mayor and department supervisor may recommend a higher salary. 3.7 Performance Evaluation: Performance appraisal is a continual process. The Mayor and department supervisors are responsible for conducting a formal performance evaluation of each of their employees once a year, and at the completion of an employee's probationary period. Such evaluations should be written on a form providing convenient and measurable recording of the work quality and progress of the employee. The evaluations should be reviewed between the Mayor,the department supervisor,and employee and signed by all parties.. 12 The following schedule of evaluation of employees is recommended: A. Midway through the probationary period; B. At the end of the probationary period;and C. Thirty days preceding the end of the fiscal year. 3.8 Hours of Work: Regular full-time employees normally work eight (8) hours per day with a total of forty (40) hours per week. Lunch breaks are not included as a paid benefit. Two fifteen minute paid rest periods are allowed during each work day. Employees may be called back to work during rest breaks, if conditions require. Weekly schedules and rest periods for all employees will be established by the Mayor and/or department supervisor. Daily and weekly work schedules may be changed at the discretion of the City to meet varying conditions and workload. Changes in work schedules will be announced as far in advance as possible. Employees are responsible to keep accurate time cards showing all time worked. Time cards shall be turned into the city clerk's office on the first business day after the end of the work period. For weekly payroll, this shall be the first business day after each Sunday. For monthly payroll, that shall be the first business day after the end of each month. Failure to turn in accurate time cards immediately following the work period may result in a delay of generating your payroll check. 3.9 Pay Periods: 3.9.1 Weekly: The work week for weekly payroll purposes shall begin at 00:00 on Monday and. end at 24:00 on Sunday. All regular full-time employees and part-time seasonal employees as requested by the employee and approved by the Mayor are paid weekly, normally by the end of the working day every Wednesday for the preceding week of work that ended on that Sunday. if a regular payday falls on a holiday, you will usually be paid on the preceding workday. If you are taking vacation and have given at least two weeks prior notice to the payroll department, you will receive your vacation check the Wednesday before your vacation begins. 3.9.2 Monthly: The work period for monthly payroll shall begin at 00:00 on the first business day of the month and end at 24:00 on the last business day of each month. All part-time employees are paid monthly unless required by the employee and approved by the Mayor, normally by the end of the second business day of each month. if you are taking vacation during the regular pay date and have given at least two weeks prior notice to the payroll department, you will receive your vacation check before you leave for vacation. 3.9.3 Annually: The Fairfax Fire and Rescue members are paid annually. The work period for these annual payroll employees shall begin at 00:00 on January 1 and end at 24:00 on December 31. All annually paid employees will be paid by the end of the second week in January for the previous twelve(12)months ending December 3'1. 13 3.10 Deductions from Pay: 3.10.1 Voluntary Deductions: Payroll deductions are voluntary, with the exception of government mandated deductions, and made only if authorized, in writing, by the employee. If the employee authorizes a deduction, the payroll department will process this request as soon as possible, but no later than by the second paycheck after the request is filed. An example of an allowable deduction would be the expense for eligible dependent coverage with the City's group health insurance:plan. 3.10.2 Garnishments from Pay: The City will garnish wages from an employee's paycheck only as required by court order and applicable laws. 3.11 Overtime and Compensation: 3.11.1 Overtime Work: You will receive compensation for approved overtime work at the rate of time and one-half your hourly rate for each hour worked over eight (8) hours in a regularly scheduled work day and for each hour worked over forty (40) hours in a work week. Individual departments will distribute overtime work as equitably as possible among employees who do similar work. 3.11.2 Minimum Show-up Time. If you required to report to work after you have left work for the day,before your scheduled work start time, or on a day you are not scheduled to work a regular shift,you will receive a credit of a minimum of three(3)work hours. 3.11.3 Compensatory Time Off. The decision to convert overtime hours to compensatory time off or to be paid overtime pay shall be made by the Mayor or the departinent supervisor. Compensatory time off accrued instead of paying overtime shall be accrued at the rate of one and one-half hours for each overtime hour worked, The City of Fairfax does not want employees to accrue more than a current total of 100 hours of compensatory time. After this total has been reached, the employee will be notified to use some of the compensatory hours or be paid out compensatory hours in order to get the hours accrued under 100. The decision to pay out compensatory time accrued instead of giving time off shall be made by the Mayor or the department supervisor. If paid, this shall be paid at the regular rate earned by the employee at the time the employee receives such payment. 3.11.4 Compensatory Time Off Pay Upon Termination: If your employment is terminated for any reason,you will be paid for unused accrued compensatory time off. 3.11.5 Overtime Computation: Hours taken as holiday,vacation, bereavement, sick, compen- satory time, and personal days will be considered as time worked for computation of overtime. 3.12 Attendance: The City relies on you to report to work regularly and on time. If you are going to be late or absent, you must contact the Mayor and supervisor immediately. If you have to leave early, you must obtain approval from the Mayor and/or supervisor. The City will take disciplinary action, up to and including termination,where attendance is unacceptable. This policy shall not be construed to conflict with the Americans with Disabilities Act,the Family and Medical Leave Act,the Iowa Civil Rights Act,and other applicable federal and state laws. 14 CHAPTER 4 - EMPLOYEE BENEFITS AND SERVICES 4,1 Holidays: 4.1.1 Holidays Observed: The City of Fairfax will observe the following holidays: New Year's Day Good Friday Memorial Day Fourth of July Labor Day Thanksgiving Day The day after Thanksgiving Day Christmas Eve Day Christmas Day 4.1.2 Holiday Pay: All regular full-time employees will receive eight(S)hours of regular pay for each of these observed holidays. 4.1.3 Holidays on Saturdays or Sundays: Holidays occurring on Saturday will be granted on the previous Friday, and holidays occurring on Sunday will be granted on the following Monday., if the holiday occurs during authorized paid leave, the day will be considered as a holiday and not as the authorized paid leave, 4.2 Vacations: 4.2.1 full-time Eligibility: Regular full-time employees who are actively and continuously employed are eligible for paid vacation, which will be accrued on a fiscal year basis, as per the following schedule: a) Following the completion of one (1) year of employment, one (1) week of vacation will be earned. b) Following the completion of two (2) years of employment, two (2) weeks of vacation will be earned. c) Following the completion of seven (7) years of employment, three (3) weeks of vacation will be earned. d) Following the completion of fifteen (15) years of employment, four (4)weeks of vacation will be earned, 4.2.2 Part-time Eligibility: All regular part-time employees will receive vacation time as outlined above but based on the previous year's average work week„ which will be accrued on a fiscal year basis, as per the following schedule: a) 35 -40 Hours 40 Hours will be paid for each week of vacation earned b) 30 - 35 Hours 3 5 Hours will be paid for each week of vacation earned c) 25 -30 Hours 30 Hours will be paid for each week of vacation earned d) 20 -25 Hours 25 Hours will be paid for each week of vacation earned 4.2.3 New.1fires: All new hire's vacation will be prorated by employment date until,the next new fiscal year begins. 15 4.2.4 Scheduling Vacation: All vacation leave must be taken in whole hour increments. Scheduled vacation requests must be requested at least one (1) week prior to the proposed start of your vacation, Unscheduled vacation requests will be honored when possible by reason of workload or staffing availability. Vacation preferences are subject to staffing requirements as determined by the City. Conflicts in vacation dates will be resolved by preference to the employee with greater seniority in employment, 4.2.5 Carryover: Vacation time must be used within! twelve (12) months of entitlement. Entitlement is determined by the fiscal year. Vacation time may be carried over to the following fiscal year with approval from the Mayor up to a maximum of one(1)week. 4.2.6 Vacation Pay Upon Termination: If your employment is terininated for any reason after your first year of service,you will be paid for unused earned vacation. 4.3 Sick Leave: 4.3.1. Full-time Eligibility and Accrual: Regular full-time employees shall accumulate paid sick leave at the rate of four (4) days, which is thirty-two (32) hours, per year for a maximum accumulation of thirty(30)days,which is two hundred and forty(240)hours. 4.3.2 Part-time Eligibility and Accrual: Regular part-time employees who work anywhere from 20 hours to 40 hours per week will receive sick pay based on the previous year's average work week as follows: A. 35 -40 Hours Four(4) Sick days,which is thirty-two (32)hours,will be earned per year B. 30 .35 Hours Three(3) Sick days, which is twenty-four(24)hours,will be earned per year C. 25 -30 Hours Two(2) Sick days, which is sixteen(16)hours,will be earned per year D. 20 -25 Hours One(1) Sick day, which is eight(8)hours,will be earned per year 4.3.3 Unpaid Leave of'Absence: Sick leave does not accumulate during any unpaid leave of absence. 4.3.4 Notification and Verification: To be eligible for sick leave payment, an employee shall notify the City as soon as possible,unless the employee is unable to notify the employer because of an emergency. After five(5)consecutive sick days, at the discretion of the Mayor and department supervisor, a doctor's verification may be requested. If an employee may return to work on restricted duty,written verification of a doctor's limitations and then a doctor's release to return to regular duty must be submitted to the Mayor or department supervisor, 4.3.5 Abuse of Sick Leave: If sick leave appears to be abused as evidenced by a pattern of use not necessitated by proven illness, injury or after five (5) days of consecutive sick days, at the discretion of the Mayor or,department supervisor, you may be required to submit competent proof of the necessity for such absence. Abuse of sick leave privileges will constitute grounds for disciplinary action,up to and including termination. 16 4.3.6 Conversion of Sick Leave Upon Termination: YOU Will not be paid for any unused accumulated sick leave should your employment with the City be terminated for any reason, 4.3.7 Work-related Injuries: To provide for payment of your medical expenses and partial salary continuation in the event of a work-related injury or illness, you are covered by worker's compensation insurance. The amount and duration of benefits payable depend upon the nature of your injury or illness. If you are injured on the job, you must notify the Mayor and the department supervisor immediately. Within twenty-four (24) hours of the injury, you or your department supervisor or Mayor must report the injury to the City Clerk's office so that injury reports required by state law can be completed. Failure to report work-related injuries in a timely manner may result in a denial or worker's compensation benefits. 4.4 Family and Medical Leave: 4.4.1 Leaves Available: It is the policy of the City to provide unpaid family and medical leave in accordance with the federal Family and Medical Leave Act (FMLA) of 1993 or any subsequent revisions. An eligible employee will be granted up to twelve (12) work weeks of unpaid leave during a twelve(12)month period for any of the following qualifying reasons: A. The birth and/or need to care for your newborn child. B. The placement of a child with you for adoption or foster care. C. The need to care for your spouse, son,daughter, or parent with a serious health condition. D. For the employee's own serious health condition. 4.4.2 Eligibility Requirements: To be eligible for family and medical leave, you must have worked for the City for at least twelve (12) 'months (which do not have to be consecutive), and for at least 1,250 hours during the twelve (12)months immediately preceding the start of the leave. 4.4.3 General Provisions: For purposes of this policy, "child" means a son or daughter under eighteen (18) years of age or older who is incapable of self-care because of a mental or physical disability. An employee's child is one for whom the employee has actual daily responsibility for care and includes a biological, adopted, foster, or step-child. "Parent" does not include parents-in- law. "Serious Health Condition" means an illness, injury, impairment, or physical or mental condition that involves, inpatient care in a hospital, hospice, or residential care facility, or continuing treatment by a health care provider. 4.4.4 How and When Leave May be Taken: Family and medical leave is taken either in consecutive workweeks; intermittently in separate blocks of tune; or by reducing the number of days you work per week,or hours per day. Intermittent or reduced schedule leave may be taken when medically necessary to care for your spouse, child, or parent with a serious health condition,or because of your own serious health condition. You must provide the City with medical certification of the need for intermittent or reduced schedule leave,and must attempt to schedule your intermittent or reduced schedule leave so as not to disrupt City operations. You may be transferred temporarily to alternative position or schedule, with equivalent pay and benefits,which better accommodates the intermittent leave or reduced schedule. Leave for the birth of a child or placement of a child for adoption or foster care must be taken within twelve(12) months of the birth, adoption, or placement. 17 4.4.5 Notice Requirements: If you know in advance that you will be taking leave because of birth, adoption, or placement of a foster child in your home, or because of planned medical treatment for you or a covered family member,you must notify your department supervisor at least thirty (30) days in advance. If circumstances require that the leave begin in less the thirty (30) days,you must notify your department supervisor as soon as possible. When the need for leave is foreseeable based on planned medical treatment for you or your covered family member, the City expects you to consult with your department supervisor and to make a reasonable effort to schedule the treatment so as to not unduly disrupt City operations. 4.4.6 Medical Certification: When leave is requested to care for a child, or parent with a serious health condition, or because of your own serious health condition, you must provide the City with written medical certification from the appropriate health care provider using a form provided by the City, This certification will include the date of onset, the probable duration, type of treatment, and other appropriate medical facts concerning the condition. If you are seeking leave for your own health condition, the certification must also state that you are unable to perform the functions of your position. For leave to care for a family member, the certification must state that you are needed to care for the family member, and an estimate of the amount of time you will be needed. Other certification requirements apply in the case of intermittent or reduced schedule leave. If you fail to provide the certification within fifteen (15) days of the City's request, your FMLA leave may be delayed until the certification is provided. The City may require a second medical opinion and periodic re-certification of the medical condition at its own expense. If the medical opinion sought by the City differs from the certification provided by your physician, the City may, at its own expense, require the opinion of a third health care provider chosen by you and the City. The third opinion will be binding, 4.4.7 Rights and Benefits During Leave: Seniority, sick leave and vacation will accrue only during periods of paid leave. All benefits which you had accrued before taking leave will be retained after returning,from an approved FMLA leave, While you are on family or medical leave, paid or unpaid, the City will continue your health insurance coverage at the same level and under the same conditions that coverage would have been provided had you continued working. You will be required to continue to pay your contribution to the premium,if such circumstance existed prior to your leave:. Under certain circumstances, if you fail to return to work after an approved EMLA leave, tile City may require you to reimburse it for the amount the City paid for your health insurance premium during the leave, 4.4.8 Returning to Work: At the conclusion of your FMLA leave, you will be restored to your position, or one with equivalent pay, benefits, and conditions of employment, provided you have complied with the requirements of this policy. 4.5 Military Leave: 4.5.1.Leaves Available: The City will grant leaves of absence for military service to full-time and part-time regular employees with applicable state and federal laws. A full-time or part-time regular employee who is a member of the uniformed services, when ordered by proper authority to serve in the uniformed services,shall be granted leave for the period of service, This leave shall be without loss of pay for the first thirty (30) calendar days of the leave. You are entitled to thirty (30) 18 calendar days of paid leave for military service per calendar year. Any arnoutit of military leave taken during any part of an employee's scheduled workday, regardless of the number of hours taken, shall count as one day toward the thirty (30) calendar days without loss of pay. Absences required for military service that exceed thirty (30) calendar days shall be granted in accordance with the City's policies on vacation, compensatory time, or unpaid leave, and with applicable state and federal law. 4.5.2 Reemployment Rights —Eligibility: Your eligibility for reemployment with the City after you complete military service will be determined in accordance with applicable state and federal law. Conditions for reemployment are briefly explained as follows: A. You, or an appropriate officer of the uniformed service in which you serve, must give advance written or verbal notice of your service to your immediate supervisor, unless military necessity prevents you from giving notice or it is otherwise impossible or unreasonable; B. The cumulative length of the absence and all previous absences from you employment with City for reason of military service must not exceed five(5)years; C. Your discharge from military service must be honorable; and D. When you return from military service, you must report to work or submit a timely application for reemployment according to the following schedule: • For service of less than 30 days you must report to work by the beginning of your first regularly scheduled work day that would fall eight hours after you return home. • For, service of 31 to 180 days you must apply for reemployment within 14 days after ki completing service. • For service of 181 days or more you must apply for reemployment no later than 90 days after completing service. 4.5.3 Continuation of Benefits During Military Service: Employees on leave for military service and any of their dependents entitled to coverage under the City's health insurance plan are entitled to coverage as follows: A. An employee that leaves employment for less than 31 days is entitled to continued health insurance coverage, and will not be required to pay more than what an active employee would pay for coverage, B. An employee that leaves employment for more than 30 days is allowed to elect to receive continued coverage under the City's health insurance plan for up to 18 months following separation from employment or until the employee's reemployment rights expire, whichever event occurs first. The City may require the employee to pay up to 100% of the premium under this circumstance. 4.6 Bereavement Leave: 4.6.1 Full-time Eligibility: All regular full-time employees will be granted three (3) paid bereavement leave days per death. This includes immediate family members only (spouse, children, grandchildren,parents, grandparents, brothers, sisters and in-laws). 19 4.6.2 Part-time 'Eligibility and Accrual: All regular part-tune employees shall, receive paid bereavernent leave based on the previous year's average work week, which will be accrued on a fiscal year basis*,as per the following schedule: A. 35 -40 Hours Three(3)Days,which is twenty-four hours,will be received B. 30 - 35 Hours Two(2)Days,which is sixteen hours, will be received C. 20 - 30 Hours One(1)Day,which is eight hours, will be received 4.6.3 Use: Bereavement leave shall only be used for the scheduled workdays falling within the period commencing upon the death and extending through the day after the funeral. To qualify for bereavement leave,the employee must attend the funeral or memorial service. 4.6.4 Payment: Payment will be made only for those days and hours which you would have worked. If a death in your fainily occurs, please notify your department supervisor-and the Mayor regarding the expected length of your absence.. 4.6.5 Unpaid Bereavement Leave: Any employee may request an unpaid leave not to exceed one (1) day to attend the funeral of a friend or to serve as a pallbearer, subject to the approval of the Mayor or department supervisor. 4.7 Jury and Witness Duty: All employees required to report for jury duty shall receive a paid leave of absence for the time spent on jury duty. l.,eave for jury duty is paid leave,the City will continue your regular salary, but you must submit certification of the number of hours spent in jury service and assign any compensation you receive in. connection with such duty, less any reimbursement for travel or meal expenses,to the City. Employees subpoenaed to appear as a witness in a civil or criminal proceeding in which that employee is not directly involved as a plaintiff or defendant shall be granted a leave without pay. Employees who must appear as a witness in a civil or criminal proceeding in which they are directly involved as a plaintiff or defendant may be eligible for an unpaid leave of absence under Section 4.9 of this manual. Hours spent by an employee appearing as witness in any job-related) legal proceeding at the direction of the City shall be considered to be work time. If such proceeding occurs outside of working hours, such. employee shall be paid at one and one-half(1 1/z)times the regular pay for a minimum of two hours. All employees summoned to jury duty shall promptly notify their immediate supervisor. An employee who is summoned for jury duty but is not selected, shall return to work and an employee who is selected for jury duty shall return to work when released from jury duty within the employee's scheduled work hours. 4.8 Voting Leave: The City encourages all employees to fulfill their civic responsibilities and to vote in all official public elections. Generally,your working hours are such that you will have ample time to cast your vote before or after working hours. However, if you do not have three (3) consecutive non-working hours between the opening and closing of polls in which to vote, you may submit a written request to the Mayor and department supervisor as soon as possible before the election for paid time off of up to 1 (one)hour to vote. 4.9 Pregnancy/Maternity Leave: In the event an employee is disabled as a result of pregnancy or following the birth of a child, FMLA permits up to twelve(12)weeks of unpaid leave. 20 i i 4.14 Unpaid Leave of Absence: Unpaid leaves of absence may be granted in certain circumstances. If you have exhausted all sick leave, vacation, compensatory time and FMLA leave, you may request an unpaid leave of absence. Approval of unpaid leave is at the discretion of the City. During an unpaid leave granted under this section, you do not receive compensation and do not accrue seniority, vacation or sick leave. The City does not make contributions to retirement programs for the duration of the leave. You may continue in the group health insurance plan during the unpaid leave of j absence under this section by paying the fall cost of the premium by the 15'x' of the month for the following month's coverage. Failure to pay such premium will result in termination of the coverage. j If you plan to return to work following an unpaid leave of absence taken under this section,you must notify the Mayor and department supervisor before the end of your leave. The City will attempt to restore you to the position you held at the start of your leave, or in a comparable position, if possible. If no such position is available, you may be offered a position of lesser responsibility or compensation. If no accommodation is reached,your employment could be terminated. 4.11 Group Health,Life Insurance,Short-terns Disability,and AD&D Benefits: 4.11.1.Eligibility: All regular full-time employees and regular part-time employees that work.thirty (30) hours a week shall be provided a single plan medical and hospitalization insurance policy. Eligible employees may request coverage for eligible dependents at their own expense. 4.11.2 Start of Coverage: Coverage for eligible employees is effective thirty(30) days following the new hire or employee reinstatement date.Upon tennination, the employee's insurance coverage extends to the last day of the last month in which they were employed. 4.11.3 Continuation of Coverage: If you resign or your employment is otherwise terminated, or if your work hours are reduced and consequently you or your dependents are no longer eligible to participate in the group health insurance plan offered by the City, you and your eligible dependents have the right to continue to participate for up to eighteen (l g) months at you or your dependents' expense. The eighteen month continuation coverage period provided in the event of your terinination or reduction in working hours may be extended to thirty six (36) months if, within that eighteen month period,you die or become divorced or legally separated, or if a child ceases to have dependent status. In addition, if you enroll for Medicaid during the eighteen month period, your spouse and dependent children may be entitled to extend their continuation period to thirty six(36) months,starting on the date that you become eligible for Medicaid. If you are determined to be disabled under the Social Security Act at the time of your termination or reduction in hours,you may be entitled to continuation coverage for up to twenty-nine months. Your eligible dependents may extend coverage, at their expense, for up to thirty-six(36)months in our group health insurance plans in the event of your death, divorce, legal separation, or enrollment for Medicare benefits, or when a child ceases to be eligible for coverage as a dependent under the terms of the plan. 21 If you or your eligible dependents elect to continue in the group healthinsurance plan, you will be charged for the applicable premium plus administrative costs. Failure to make timely payments may result in termination. If this election for continuation coverage is made, you and your dependents have the right to convert this coverage to an individual policy with our insurance carrier at the end of the continuation period. The City Clerk will contact you concerning these options at the time termination occurs of your work hours are reduce. The City Clerk will contact qualified beneficiaries in the event of your death or enrollment for, Medicare benefits, However, in the event that you become divorced or legally separated, or one of your dependents ceases to be eligible for coverage under our group health insurance plati, you and/or your dependent is responsible for contacting the City Clerk to discuss continuation/conversion rights. You and your qualified beneficiaries are also responsible for notifying the City Clerk within sixty (60) days of qualifying for social security disability benefits. 4.11.4 Life Insurance: The City shall maintain a group term life insurance policy in the face amount of fifteen thousand dollars ($15,000) for all regular full-time and regular part-time employees less than 65 years of age whose average work week is 40 hours per week. Employees over the age of 65, may have the face value of the life insurance reduced according to the policy of the life insurance company. Beneficiary for such policy shall be as named by the employee. 4.11.5 Continuation Coverage under Iowa Code Chapter 509A: Employees who retire from City employment before age 65 are eligible to continue in the City's health insurance plan up to age 65. Coverage must be continuous meaning the employee must elect the same coverage at retirement and the retired employee must pay the full cost of the premium. For purposes of'this section,a retired employee is one who has applied for and is receiving a retirement allowance. 4.11.6 Short-term Disability Insurance: The City currently provides a short-term disability insurance policy for full-time employees. The City currently pays 100% of this premium. 4.11.7 AD&D Insurance: The City currently provides an AD&D insurance policy for full-time employees. The City currently pays 100%of this premium. 4.12 Personal Days: 4.12.1 Full-time Eligibility and Accrual: Regular full-time employees shall accumulate personal days at the rate of two (2)days, which is sixteen (16) hours per fiscal year, Personal days may not be carried over to the following year. 4.12.2 Part-time Eligibility and Accrual: Regular part-time employees who work anywhere from 30 hours to 40 hours per week will receive personal days based on the previous year's average work week as follows: a) 40 Hours Two(2)days, which is sixteen(16)hours will be earned per year b) 30-40 Hours One(1)day,which is eight(8)hours,will be earned per year 4.13 Business Travel: 4.13.1. Authorization: All business travel outside of regular work duties must be pre-approved by management. 22 4.13.2 Travel Expenses: All employees will be reimbursed for related expenses incurred while traveling on City of Fairfax business as outlined below, A. if an employee uses a personal vehicle for business travel,the employee will be reimbursed at the Internal Revenue Service's standard mileage rate. Proof of insurance is required of all employees using a personal vehicle for city business. B. If an employee uses a City of Fairfax's vehicle for business travel, the City of Fairfax will purchase the fuel. C. Lodging and commercial transportation expenses will be paid for by the City of Fairfax. Reservations must be made by the city clerk/treasurer or the deputy city clerk. U. Employees will be paid a per diem. of$45,00 each day for meal and incidental costs while they are on a business trip for the City of Fairfax. The first and last day will be paid at 75%of the per diem rate. 1n order to make this per diem payment not taxable, the employee must submit an expense report showing the business purpose of the trip, the date and place of the trip, and show receipts for the lodging while on the business trip. E. Personal expenses not related to the business purpose will not be reimbursed. 4.13.3 Safety: Safety belts must be properly worn at all times in both city and privately owned vehicles used for city business. 4.13.4 Accidents or Violations: Accidents or violations occurring while using a city or privately owned vehicle for city business must be reported to the Mayor and department supervisor as soon as possible,which shall be no later than upon completion of travel. All citations generated by such an occurrence and issued to the operator of the vehicle in question will be the responsibility of the employee, except those pertaining to the condition of a city owned vehicle. 4.13.5 Record Keeping: All employees expecting reimbursement for business trip related travel expenses must keep accurate, complete documentation of all expenses. This may include: dates of travel, reason for travel, destination information, beginning and ending odometer readings, and receipts for all expenses to be paid by the City of Fairfax, 4.13.6 Compensation Time: Employees will be compensated for business trip time as outlined below. A. Employees traveling for a business purpose and returning the same day will be compensated for all time spent on the business trip, including travel time. B. Employees traveling for a business purpose on a trip that will require an overnight stay will be compensated for time during their regular work hours, including travel time. Employees will be compensated on a basis of an eight(8)hour day at their regular hourly rate of pay. 4.13.7 Conduct; Employees traveling for a business purpose are representatives of the City of Fairfax and are expected to maintain a high level of professionalism and courtesy and to follow all city policies,rules, and procedures. 23 CHAPTER. 5 - STANDARDS OF CONDUCT AND CORRECTIVE ACTION 5.1 Policy: In order to maintain safe, efficient and harmonious operations and to continue to provide the highest standard of public service, the City has adopted the following rules. Each rule reflects a common understanding of what behavior is acceptable in the workplace. These rules can be modified by the City as changing conditions warrant. The City may take whatever disciplinary action it deems appropriate in response to an offense, even if it is not included in the following list. You must understand that any offense, whether or not it is included in these work rules, may result in. disciplinary action, up to and including termination,without prior warning. The City expects your complete cooperation in observing these rules which have been designed for our common protection and benefit. 5.2 Work Rules: While it is not possible to list all the offenses for which you would be disciplined, the following are examples of inappropriate, unacceptable conduct: 1. Unsatisfactory work performance. 2. Falsifying employment or other job-related records. 3. Violating the City's policy against workplace harassment of any kind. 4. Establishing an unacceptable pattern of tardiness or absenteeism. 5. Engaging in excessive, uniiecessary or unauthorized use of City property or supplies, particularly for personal use. 6. Reporting to work intoxicated or under the influence of an ability impairing drug.. 7. Illegally manufacturing,possessing,using, selling, distributing or transporting drugs. 8. Bringing or using alcoholic beverages on City property or using alcoholic beverages while engaged in City business off of City premises. 9. Fighting or using obscene,abusive or threatening language. 10. Theft or misappropriation of property of coworkers, customers, clients, or the City. 1 l. Possessing firearms or weapons not authorized by the City of Fairfax on City property or while on City business. 12. Disregarding safety or,security regulations. 13. Engaging in insubordination or failing to cooperate with assigned employees, co-workers or supervisors. 14. Failing to follow City job instructions or to perform work requested by a supervisor or Mayor, 15. Violating a City safety rule or practice or creating or contributing to unsafe, unhealthy or unsanitary conditions. 16. Failing to maintain confidentiality of City, employee,resident or customer information. 17. Losing a drivers' license,or any other license or certification,necessary for the performance of the job assigned. 18. Discourteous conduct toward citizens or poor customer service. 5.3 Corrective Action/Discipline: If your performance, work habits, attitude or demeanor become unsatisfactory in the judgment of the City, based on violations of either the rules listed above, or other City policies,rules, procedures, or expectations, you will be subject to disciplinary action, up to and including, termination. Certain offenses can be corrected using progressive discipline. Typical progress discipline would include a verbal warning 24 followed by two written warnings. Situations that the City believes will respond to corrective discipline will normally be handled as follows,. 1, Counseling: The employee's supervisor or the Mayor will normally give the employee a verbal warning. 2. Suspension: If sufficient improvement has not been made, or if the conduct continues, the employee may be suspended without pay. 3. Termination: If the conduct continues, the City may terminate the employment of the employee. The City reserves the right to use whatever discipline it decides is appropriate in any situation, up to and including termination,without regard to the progressive guidelines explained above. 5.4 Telephone Use: The City's telephones are for conducting necessary business of the City. Long distance calls in any department may be made only by personnel authorized by their respective supervisor and only for official City business. Personal telephone calls by an employee are permitted. However, use to the point of interference with the performance of job duties may result in corrective action. Employees are required to report and reimburse the City for any personal long distance calls made on City phones. 25 CHAPTER d - SAFETY AND HEALTH 6,1 Promoting a Safe Work Environment: The establishment and maintenance of a safe work environment is the shared responsibility of the City;and its employees. The City of Fairfax will attempt to do everything within its control to assure a safe environment and to comply with federal, state, and local safety regulations. Employees are expected to obey safety rules and to exercise caution in all work activities. You are asked to immediately report any unsafe conditions to the Mayor and department supervisor and/or City Council. Every employee is expected to report and/or correct unsafe conditions as promptly as possible. All accidents that result in injury must be reported immediately to the Mayor and department supervisor regardless of how insignificant the injury may appear. These reports are necessary in order to comply with laws and initiate insurance and workers compensation procedures, Threats, threatening behavior, or acts of violence against employees, visitors, guests, or other individuals by anyone on City property will not be tolerated. Violations of this policy will lead to disciplinary action up to and including termination,arrest and prosecution. 6,2 Smoking Policy: In accordance with state law, all. City of Fairfax-owned buildings, facilities and vehicles are smoke free. All tobacco usage, including smacking and smokeless tobacco, is prohibited in all City-owned buildings, facilities, equipment and vehicles and on all public grounds owned by the City except in designated areas in accordance with the Iowa Smokefiree lair Act. Each City-owned building may establish a designated smoking/tobacco usage area. This area must be located in the building's parking lot away from all building entrances and must not adversely impact other employees or the general public. Please contact your supervisor to identify these designated smoking areas. Employees are also permitted to smoke or use tobacco products within their personal vehicles which are parked in a City-owned parking lot. Employees who choose to smoke or use tobacco products must do so in accordance with this section and during normal ureal and break periods. Employees are not provided additional time away from work to smoke or use tobacco products. 26 CHAPTER 7 - EMPLOYEE COMMUNICATIONS 7.1 Privacy Expectations: All employees are responsible for a level of confidentiality that will preserve an environment that supports sincerity, honesty and ethical behavior. However, as public sector employees supported by public funds, employees should not expect privacy in their work, work stations, and/or anything that belongs to the City used to produce that work. As official government records, most types of communication unless there is a reasonable application of exception, may be made available to the public upon written request in accordance with the requirements of Iowa Code and the federal Public Information Act. 7.2 Bulletin Boards: Bulletin boards will be maintained at a reasonable gathering area for employees which will be used to communicate in-formation as follows: 1. Legally required posters and notices. 2. Safety rules and related information 3. Management memos and announcements, including job openings. 4. City sponsored social and recreational events. 7.3 Open Door: The City attempts to ensure employment that is enjoyable and rewarding. All employees are encouraged to participate in a free and continuous exchange of questions, suggestions, and information which will improve municipal service, safety, cost savings, or communications and public relations. Employees are urged to first discuss any ideas or suggestions with their immediate supervisor, but employees should also feel free to contact anyone in the City, including the Mayor. 7.4 Electronic Communications Policy: (Attached as Appendix A) 27 CHAPTER 8 - SUBSTANCE AMUSE POLICY 8.1 All Employees: 8.1.1 Purpose: The City recognizes the problems of substance abuse in society and in the workplace. Substance abuse poses a serious threat to our staff and customers. As a direct result of the City's concern for the health and safety of all employees, the City has adopted this Substance Abuse policy pursuant to Iowa law. 8.1.2 General Rule: All of the City's employees, including persons in the service of the City, roust report to work and remain free of drugs, intoxicants, alcohol, narcotics, or any other controlled substance. Our substance abuse policy seeks to balance the privacy of employees with the City's need to maintain a safe, productive work environment free from drugs and alcohol. Our intention is to prevent substance abuse and promote its treatment, We encourage those who use drugs and/or abuse alcohol to seek help in overcoming such a problem. 8.1.3 Legal Drugs: An employee may bring to work and take a prescription drug during work hours only if the drug has been prescribed for the employee by a physician or other authorized prescriber and only if the drug is taken in accordance with the prescriber's directions. All prescription drugs must be kept in the container in which they were received from the pharmacy or other dispenser. An employee may bring to work and take an over-the-counter drug during work hours only if the drug is used for its intended purposes and in accordance with package directions and any other directions of the employee's physician. An employee must notify the Mayor and department supervisor whenever the employee is using a prescription or over-the-counter drug which potentially may affect safety or work performance. In deciding whether such a drug may affect safety or work performance, the employee should rely on the warnings or cautions that accompany the particular legal drug. The City does not seek information on all drugs than an individual may be taking, but only those where there is an indication that the drug may affect performance, or there is a caution that one should not engage in certain activities which are part of the employee's job duties while taking the drug. The City reserves the right to take appropriate action, including requiring that the employee no longer work, if the use of the drug is impairing or is deemed likely to impair the employee's faculties or work performance. Abuse of legal drugs will not be tolerated. "1"he City will treat abuse of legal drugs in the same manner as the use of controlled substances. 8.1.4 Alcohol or Drug Possession, Transfer of Use: Except as provided in the above rules concerning legal drugs, an employee who brings or attempts to bring onto City premises, has possession of, uses, consumes, transfers, sells, or attempts to transfer or sell, any alcoholic beverage, prescription drug, or any form of controlled substance, or any "look alike" substance, while on City business or at any time during the employee's work day, whether or not on duty, and whether or not on City business or property, is guilty of misconduct and is subject to discipline, up to and including termination,even for the first offense. 8.1.5 Impairment (luring Work Hours: An employee whose faculties are impaired during work hours due to the effects of alcohol, the illegal use of a controlled substance, or the abuse of a legal drug, is subject to discipline, up to and 'including termination, even for the first offense. However, 28 if the City chooses to conduct a drug test, discipline will be imposed in accordance with the rules set forth below. 8.2 Prospective Employees: 8.2.1 Drug Testing of" Prospective Employees: The City will conduct pre-employment drug testing designed to prevent hiring individuals who use illegal drugs or who abuse legal drugs. The prospective employee may provide any information which may be relevant to the drug test. Such information may include identification of prescription or nonprescription drugs currently or recently used, or any other relevant medical information. All precautions will be taken to ensure that the testing will only measure, and the records concerning the testing only make use of, information regarding drugs in the body. The following drugs will be tested for, and a "zero tolerance"of all these drugs will apply: marijuana; cocaine; opiates(including morphine and codeine); phencyclidine(PCP); amphetamines (including methamphetamines) To be considered qualified for employment, the City must-receive a "negative" report on the drug screen in order for a prospective employee to be considered qualified for employment. If such a negative" report is not received, the prospective employee will not be considered qualified for employment and the application process will be terminated. If a conditional offer of employment has been,extended,the offer will be withdrawn. 8.2.2 Scheduling and Cost of Pre-Employment Testing: The actual costs of pre-employment testing will be paid by the City. 8.3 Employees Covered by the Federal Motor Carrier Safety Administration: 8.3.1 Testing Program: The City of Fairfax requires any employee covered by the Federal Motor Carrier Safety Administration to participate in our drug and alcohol testing program. The City of Fairfax is a member of the Drug and Alcohol Testing Alliance (DATA). This is a consortium of local government employers that will administer the testing program along with St. Luke's Iowa Health Systems and the City of Fairfax. 8.3.2 Designated'Representative(:DE 1Z): The Mayor of Fairfax or his/her designee will serve as the City's Designated Representative (DER). 8.3.3 Collection Facility: St. Luke's Work Well Solutions m Cedar Rapids will serve as the City's local collection facility. 8.3.4 Documentation: Employees included in the City of Fairfax's mandatory drug and alcohol testing program will be provided with a copy of DATA's Drug and Alcohol Education Guide, DATA's Signs and Symptoms of Alcohol and Controlled Substances Use, DATA's Directory of Substance Abuse Professionals (SAP), DATA's Employee Acknowledgement, and this employee manual. All of these listed DATA documents shall be considered part of this City of Fairfax's Substance Abuse Policy. 8.3.5 Expenses of Administering the Testing Program: All expenses of participation in DATA and any required testing expenses shall be paid by the City of Fairfax. 29 8.3.6 Refusal to Submit to a Controlled Substances Test: An employee who refuses to submit to a controlled substance test will be immediately removed from safety-sensitive functions and shall be subject to disciplinary action up to and including termination. 8.3.7 Test Results: If the test of an employee, who is subject to the requirements of federal DOT drug and alcohol testing,results in an MRO verified positive test for the use of drugs or an alcohol concentration of 0.04 or greater, the employee will be immediately removed from the performance of safety-sensitive functions and referred to an appropriate substance abuse professional for assessment and enrollment in a treatment and rehabilitation, program, if recommended. Results of the positive drug or alcohol test and terms of the rehabilitation will remain confidential, except as provided by the Federal Regulations. Employees who have a MRO verified positive test for the use of drugs or an alcohol concentration of 0.04 or greater shall be subject to disciplinary action up to and including termination, 8.3.8 Returning to Work: To be able to return to work, employees referred to an appropriate substance abuse professional as a result of an MRO verified positive test or breath testing showing an alcohol concentration above 0,04, must immediately cease any substance abuse, must be subject to testing before returning to safety-sensitive duty,must subject themselves to periodic announced testing for a period of not to exceed sixty months, and must comply with all other conditions of the treatment and counseling program recommended by the substance abuse professional. 8.3.9 Expenses of Treatment: All of the expenses of the substance abuse assessment, treatment, and rehabilitation program shall be paid -for by employee. The employee health insurance provider may fund a portion as provided in the benefit plan. 8.3.10 Time Off- An employee required to take time off in order to participate in a rehabilitation program will be permitted to use sick leave, vacation time, accumulated compensatory time,and/or unpaid leave. 8.3.11 Treatment and Rehabilitation: Participation in substance abuse treatment and rehabilitation will not result in disciplinary action; however, non-covered duties may be assigned until the MRO or substance abuse professional determines that the employee may return to duty. Successful completion of the prescribed program will be required for the employee to continue employment with the employer. 8.3.1.2 Second Positive Test Results: If an employee is undergoing substance abuse treatment and counseling or has returned to duty upon successfully completing such treatment and rehabilitation and a subsequent test is verified by the MRO as positive, or results in an alcohol concentration of 0.04 or greater,the employee may be terminated. 8.3.13 Conduct and Performance: Employees who undergo substance abuse treatment and counseling under this policy and who continue to work must meet all established standards of conduct and job performance. 30 8,3.14 Acknowledgement: I acknowledge that I have received a copy of the City's Substance Abuse Policy. I understand that I should read and familiarize myself with the policy and that I must abide by the terms of the policy as a condition of employment with the City of Fairfax. Name Date i i 31 CHAPTER 9 - MISCELLANEOUS I i 9.1 General Housekeeping: It is important that you take pride in your work area and that you keep it neat and orderly at all times. Having your work area well organized contributes to efficiency and it creates a good impression for our citizens. 9.2 Use of City Property,Equipment,and Vehicles: City property, equipment, and vehicles essential in accomplishing job duties are expensive and may be difficult to replace. When using City property, you are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines. Before using City of Fairfax equipment and vehicles, all employees must demonstrate that they have received any needed training and that they are competent to operate the equipment or vehicle. The employee's supervisor will authorize competent employees to operate equipment and vehicles. When driving on City business, you are expected to observe area traffic laws. This includes wearing of seat belts. Tickets that result from an infraction of traffic laws or parking violations are your own responsibility. Notify the Mayor and department supervisor if any equipment, machines tools, or vehicles appear to be damaged, defective, or in need of repair. Prompt reporting of these situations could prevent deterioration of equipment and possible injury to employees or others. The Mayor can, answer questions about your responsibility:for maintenance and care of equipment or vehicles used on your,job. The improper, careless, negligent, destructive, or unsafe use or operation of equipment or vehicles can result in disciplinary action, including termination. Several City of Fairfax facilities are equipped with a security system. All employees using these facilities shall arm and disarm the security systems as trained and instructed by their supervisor. Employees shall report immediately if the any parts of the security systems are not properly functioning 9.3 Dress Code: We expect our employees to be neatly groomed and to dress appropriately for the work they are doing. We do not allow our employees to work in torn or soiled clothing, or attire that may be offensive to our citizens or other employees. Inappropriate attire will be addressed on a case-by-case basis. 9.4 Uniforms: The City of Fairfax provides uniforms (shirts, pants, and shorts) from a uniform supply company for the maintenance department employees. The City of Fairfax will pay all costs associated with supplying and cleaning the uniforms. These uniforms are provided to give the maintenance employees a similar presentation to the community. 9.5 Cell Phone: The City of Fairfax provides a cell phone to each, of the maintenance department workers, city clerk/treasurer, deputy city clerk, and the library director. These are provided to make the employees more accessible. The employees shall reimburse the City of Fairfax for any personal uses that are not covered 32 under the City's basic cell phone plan. Examples of this could include, but not be 'limited to: text messages,ring tones, and internet access. 9.6 Tablet Computers: The City of Fairfax provides tablet computers to staff as needed for business purposes. These tablet computers are the property of the City of Fairfax. The employees shall reimburse the City of Fairfax for any personal uses that are not covered under the tablet's plan. 9.7 Professional Memberships/Endorsements/Licenses: The City of Fairfax wants their employees to be active in professional advancement activities and will consider all requests to assist our employees in this effort. Which, if any, costs associated with these activities that will be paid by the City of Fairfax will be determined by management.. Membership fees or dues for professional organizations, endorsement fees, and required license expenses related to the employee's responsibilities and determined by management to be mutually beneficial to both the City of Fairfax and the employee,will be paid by the City of Fairfax If such memberships, endorsements, or licenses are of marginal or no benefit to the City of Fairfax, management may determinate that only a portion or none of the fees may be reimbursed. 9.8 Training Assistance: The City of Fairfax believes in investing in the professional development of its employees. There are many different professional training seminars or conferences available to employees. Some of these training sessions are required to maintain professional endorsements or licenses. Information about training opportunities will be given to management so they may authorize the appropriate employees to attend. The City of Fairfax will pay for the registration costs for all approved job related training. In the event an advanced educational seminar or course becomes available that is directly related to the job assignment and responsibilities of an employee for the City of Fairfax,the employee may request financial assistance to attend. This request must be made in writing prior to beginning the seminar or course in question. The actual amount of assistance granted is at the discretion of management. This could range from nothing up to the full amount of tuition for the course. Assistance will be granted on a reimbursement basis and only if the course is completed satisfactorily(grade of"C"or better, if applicable.) 9.9 Disaster Recovery Plan- Computer Based'policy(Attached as Appendix I.3) 33 CHAPTER 10 - SEPARATION 10.1 Employee Separation. The City expects you to provide written notice to the Mayor and department supervisor at least two weeks before the effective date of your resignation. Employment records will reflect the last day worked as the date of termination. You will receive pay through the last day worked. If you resign or are otherwise terminated after completing one year of service,you will be paid for unused vacation. 34 CITY OF FAIRFAX ELECTRONIC COMMUNICATION POLICY (Appendix A) E-MAIL AND INTERNET ACCESS SYSTEMS A.1 Purpose: The purpose of Ibis policy is to provide guidelines regarding the use of the internet and e-mail services by employees of the City of Fairfax, The City encourages the use of e-mail and Internet services by authorized and trained employees when such use improves the employee's effectiveness or efficiency. These services are financed by the City of Fairfax to support the access and exchange of information. As such, employees shall use these services responsibly and in full compliance with this policy. A.2 Privacy: Under routine circumstances, the City will not monitor employee e-mail messages or Internet usage logs. However, the City reserves the right to do so without prior notification to employees. Employees who use the e-mail and Internet systems cannot assume the systems afford them any level of confidentiality or privacy, As City-owned resources, the e-mail and Internet systems are subject to assessment and inspection by the Mayor and department supervisor or other personnel authorized by same. Employees should therefore not assume electronic communications are totally private and should transmit highly sensitive or confidential information in other ways. Such assessments and inspections may be undertaken when there is a legitimate purpose to do so, such as: 1. For the transfer of messages and files from one employee account to another employee account. 2. When there is evidence of, or suspicion of, use of the e-mail or Internet access systems in violation of this policy or any City policy. 3. When there is evidence of, or suspicion of, a breach of the security of the e-mail or Internet access systems. 4. To assist in the investigation of a crime, 5. When required by law to do so, A.3 Security: Generally e-mail and Internet access systems are not secure. Employees using these systems should assume their messages can be intercepted and monitored by unauthorized persons. 35 Each employee is directly responsible for any and all activity occurring under his or her e-mail name or Internet account, If an employee suspects the security of his or her e-mail or Internet account has been breached, he or she shall notify a supervisor as soon as reasonably possible. A.4 Public Information: E-mail (both internal and external via the internet) is considered to be a public record and may be subject to public disclosure in accordance with applicable law. A.5 Electronic Records Retention Policy: Except as required by state law, all electronic records more than 90 days old shall, be deleted. Employees have the obligations to review their e-mail and only correspondence constituting "official business" needing to be retained beyond 90 days, should be printed and placed in a paper file. On a weekly basis, each employee shall review their e-mail and delete all messages no longer needed or required to be retained. A.6 Acceptable Use Guidelines: Employees shall use the e-mail and Internet access systems only for the purpose of conducting the business of the City, except as noted in the following section. While using the e-mail and Internet access systems, employees shall follow established e-mail and Internet customs, rules and guidelines. For example: 1. Employees shall use the e-mail and Internet access systems for lawful purposes only. 2. Transmission of or access to material (text or images) that could be construed as harassing, threatening, obscene, sexist, racist, slanderous, fraudulent, or unethical is prohibited. 3. Transmission of documents in violation of copyright laws is prohibited. 4. Use of the e-mail or Internet access systems for commercial purposes or for personal profit is prohibited. 5. Transmission of"chain letters" is prohibited. 6. Intentionally disrupting the City's e-mail or Internet systems, or the systems of any other entity, by the: distribution of a computer virus, worm, or other malicious file, or by overloading a system, is prohibited. 7. 'Unauthorized access to another Internet system,via the City's systems is prohibited. 8. Downloading e-mail attachments or other files at a PC not having an active virus detection program running is prohibited. 9. Opening a message from an unknown source is strongly discouraged (such messages often contain computer viruses and should be deleted immediately) 10. Downloading software in violation of a software license agreement is prohibited. 11. Use of the e-mail or internet access systems for gaming, political activity, fund raising or religious promotion is prohibited. 12. Use of the e-mail or Internet access systems to "surf" cyberspace; roam the World Wide Web; engage in on-line forums, chat rooms, or newsgroups; and visit popular sites of personal interest is prohibited. 13. Employees shall properly identify themselves when sending e-mail or when using any Internet service, and shall clearly distinguish between personal opinion and City policy. 14. Employees shall not engage in unauthorized transactions which may incur a cost. 36 15. Employees shall respect the privacy of others. 16. Employees shall not distribute e-mail to multi users outside your department without the specific approval of your department supervisor, 17. Employees shall not send or contrive to send or retransmit anonymous messages or publicize proprietary or confidential information. 18. Employees shall not subscribe to mail lists or list servers that are not related to official business or to professional enhancement in support of a mission. A.7 Personal Use: Employees may use the e-mail and Internet access systems for personal, use provided that such use: I. Is incidental and infrequent. 2. Does not interfere with the job performance of the employee or the employee's co- workers 3. Does not generate a direct cost to the city. 4. Does not interfere with or burden the e-mail or Internet access systems. 5. Does not consume large system resources or storage capacity or otherwise deplete system resources available far business activity. G. Is in compliance with all other sections of this policy. Employees using the city's account to access these services represent the city during their use, and such use should reflect ethical behavior and appropriate use of city resources. Examples of acceptable personal use include 1. Personal conversation incident to a business oriented e-mail message. 2. Infrequent transmission of brief, personal e-mail messages. 3. Infrequent access to a web-based e-mail service to transmit personal e-mail messages. A.8 Violations: The use of the City's e-nail and Internet access systems is a privilege afforded to authorized users. This privilege inay be revoked at any time for violations of this policy. The Mayor and department supervisor or a designee will evaluate said violations on a case-by-case basis. Department supervisors are responsible for enforcement and reporting violations of this policy or misuse of City equipment to the Mayor. Employees found to have violated this policy, or to have engaged in illegal or unethical practices, will be subject to disciplinary action, up to and including termination and criminal prosecution. The City expressly reserves the right, without prior notice, to alter and update this policy from time to time. Any changes will be communicated to employees and it is the employee's obligation to review the revised policy. A.9 Disclaimers: A wide variety of information exists on the Internet. Some persons may find part of that information to be offensive or otherwise objectionable. Employees should be aware the City has 37 no control over and can, therefore, not be responsible for the information on the Internet other than what we as Eui organization place there. I I 38 CITY OF FAIRFAX DISASTER RECOVERY PLAN' COMPUTER BASEDD POLICY (Appendix B) BA Passwords: Passwords are to be kept confidential, except that an employee's supervisor should have record of all passwords in order to ensure continued business operation. When additional users will be using a computer or software, they will be assigned a password of their own. Confidentiality is a requirement. All passwords will be changed When employment is terminated. B.2 Log OffIrime Out: Each computer must be logged off if the user will be away for more than an hour. B.3 Running Anti-Virus Programs: The city shall scan for viruses and check for updates every day the city office is open. BA System Backup: A full system backup shall be kept on the server and in a cloud based program. B.5 Disaster Recovery Plan: In the event of fire, windstorm, or other type of disaster, the City of Fairfax must have a disaster recovery plan in place to ensure continued service to citizens of Fairfax, and to maintain the ability to record, process and report financial data. In the event that City Hall should be damaged or destroyed, temporary office facilities will need to be established at a different location in Fairfax. Replacement computers and printers will be purchased immediately. In order to protect data already existing on the computers, a ftill system backup shall be completed each day with the backup stored on the server and in a cloud based system. This will ensure that no more than one day's worth of transactions will have to be recreated. While any type of disaster will impose a hardship on the City, taking these steps should minimize the damaging effects of such an event. 13.6 Computer-based Systems Policy Review and Amendment: This Computer-Based Systems Policy shall be reviewed every four years or more frequently as appropriate. 39 CITY OF FAIRFAX STATEMENT OF UNDERSTANDING AND RECEIPT OF PERSONNEL POLICY THE UNDERSIGNED acknowledges that he/she has been provided with a copy of the Personnel Policy for the City of Fairfax and further understands that it is the employee's responsibility to read and understand its contents. The contents of this manual are presented for in-formation only. The plans, policies, and procedures described are not conditions of employment. The City of Fairfax reserves the right to modify, revoke, suspend, terminate or change any or all plans, policies, or procedures, in whole or in part, at any time with or without notice. The language, which appears in this manual, is not intended to create nor is it to be construed to constitute a contract between the City of Fairfax and any one or all of its employees,. Dated this day of Employee's, Signature Employee's Printed Name 40