HomeMy WebLinkAboutRESOLUTION NO. 2017-18 RESOLUTION NO. 2017-18
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.
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 14th day of March, 2017.
AYES: Beer, Daly, Kell, and Volk
NAYS: None
ABSENT: Wainwright
Burnell G. Frieden, Mayor
ATTEST: d ��S
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L(A-
C hia Stimson, City Clerk/Treasurer a ''•*�°°
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PERSONNEL POLICY MANUAL
ADOPTED BY THE
FAIRFAX CITY COUNCIL
January 10, 2017
CHAPTER 1 -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 Quarterly
3.9.4 Annually
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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-titre Eligibility
4.2.3 Scheduling Vacation
4.2.4 Carryover
4.2.5 Vacation Pay Upon Termination
4.3 Sick Leave
4.3.1 Full-time Eligibility and Accrual
4.3.2 Part-time Eligibility and Accrual
4.3.3 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 Tennination
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
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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,Life Insurance,Dental, Short-term Disability,AD&D 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
4.11.6 Short-term Disability Insurance
4.11.7 AD&D Insurance
4.11.8 Dental Insurance
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
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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 Purpose
8.1.2 General Rule
8.1.3 Legal Drugs
8.1.4 Alcohol or Drug Possession,Transfer of Use
8.1.5 Impainnent During Work Hours
8.2 Prospective Employees
8.2.1 Drug Testing or Prospective Employees
8.2.2 Scheduling and Cost of pre-Employment Testing
8.3 Employees Covered by the Federal Motor Carrier Safety Administration
8.3.1 Testing Program
8.3.2 Designated Representative(DER)
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
8.3.8 Returning to Work
8.3.9 Expenses of Treatment
8.3.10 Time Off
8.3.11 Treatment and Rehabilitation
8.3.12 Second Positive Test Results
8.3.13 Conduct and Perfonnance
8.3.14 Acknowledgement
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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 Memberships/Endorsements/Licenses
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
B.4 Storing of System Backup Tapes
B.5 Disaster Recovery Plan
B.6 Computer-based Systems Policy Review
and Amendment
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CITY OF FAIRFAX
PERSONNEL POLICY MANUAL
CHAPTER I - 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 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.
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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 assigmnent.
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 1986,
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 I-9 on the first day of
employment,and to submit proof of employability and identity within three days of hire.
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2.2.5 Background Check: The City of Fairfax may require a background check prior to
employment, this may include credit and/or criminal inforination. The City of Fairfax 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 Minors: Employment of all individuals under the age of eighteen (18)
years,whether full-tune,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 the general 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.
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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 Part 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 tern 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 may consist of a variety of behaviors,including,but not limited to the
following examples:
1. Verbal conduct such as sexual innuendo, suggestive comments,jokes of a 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:
1. 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 a complaint normally will include conferring with the parties involved
and any named or apparent witnesses. All employees shall be protected from coercion,
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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 detennined after investigation to have harassed another employee will be
subject to appropriate disciplinary procedures depending upon the severity of the
behavior,up to and including termination. The City will take appropriate action intended
to punish the offender and to prevent further harassment.
5. 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 Sewer and
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 nonnally 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 perfonnance appraisals, disciplinary records, and beneficiary designations. Any information
contained in the files will be released only if required by law or if you snake 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.
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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 detennined by considering:the duties,responsibilities and requirements for each
position; the prevailing rates of pay including indirect pay for fringe benefits for similar 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 detennined annually through the evaluation of each employee's job perfonnance
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 1 st. 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 employee 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 fon-nal 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
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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.
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 requested 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 may receive your vacation check before you leave for vacation.
3.9.3 Quarterly: The Mayor and City Council are paid quarterly. The work period for these
quarterly payroll employees shall begin at 00:00 on January 1 and end at 24:00 on March 31;April
1 and end at 24:00 on June 30; July 1 and end at 24:00 on September 30; and October 1 and end
at 24:00 on December 31.
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All quarterly paid employees will be paid by the end of the week following the last city council
meeting for that quarter.
3.9.4 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 31.
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,AFLAC, and Colonial Life policy premiums.
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. Show-up time does not
include "off-the-clock work." Off-the-clock work" includes, for example, time spent outside of
work and outside of scheduled work hours reviewing or responding to emails, time spent outside
of work and outside of scheduled work hours taking work-related phone calls, and time spent
outside of work and outside of scheduled.work hours finishing work projects. The City will take
disciplinary action,up to and including termination,if a non-exempt employee,participates in off-
the-clock work without the permission of the Mayor or the department supervisor.
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 department 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.
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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,
compensatory 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.
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(8)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.
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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 the anniversary hire date,
beginning 7-1-2016,as per the following schedule,unless a different schedule is negotiated at the
time of hire.
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 the
anniversary hire date,beginning 7-1-2016,as per the following schedule:
a) 35 -40 Hours 40 Hours will be paid for each week of vacation earned
b) 30- 35 Hours 35 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 Scheduling Vacation: 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 detennined by the City. Conflicts in vacation dates will be resolved by preference
to the employee with greater seniority in employment.
4.2.4 Carryover: Vacation time must be used within twelve (12) months of entitlement.
Entitlement is determined by the anniversary of the hire date,beginning 7-1-2016. Vacation time
may be carried over to the following year of employment with approval from the Mayor up to a
maximum of one(1)week.
4.2.5 Vacation Pay Upon Termination: If your employment is terminated 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
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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.
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 and a short-term disability policy. 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(the"leave year")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, if that condition renders the employee
unable to perform his or her job functions.
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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 iimnediately 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 a son or daughter who is older who is incapable of self-care because
of a mental or physical disability at the time the FMLA leave is to commence. 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; intennittently in separate blocks of time; 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 intennittent 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.
For this purpose of this policy,the"leave year"within which an eligible employee may take his
or her 12 weeks of FMLA protected leave means the 12-month period beginning on the date the
employee first takes leave for any of the reasons set forth previously.
Employees are not required to exhaust their vacation and sick time before taking FMLA leave,
however,employees must provide the required notice and certification before the medical leave
commences,unless it is an emergency situation and then as soon as practicable.
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
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own health condition,the certification must also state that you are unable to perfonn 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 intennittent or reduced schedule leave.
Costs associated with the completion of eligibility paperwork are the responsibility of the
employee.
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.
While you are on FMLA leave,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 FMLA leave,the 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) calendar days of paid leave for military service per calendar year. Any amount 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 detennined in accordance with applicable state and federal
law. Conditions for reemployment are briefly explained as follows:
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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 froin 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
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).
4.6.2 Part-time Eligibility and Accrual: All regular part-tune employees shall receive paid
bereavement 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.
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4.6.4 Payment: Payment will be made only for those days and hours which you would have
worked. If a death in your family 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.Leave 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 '/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.
4.10 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
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duration of the leave. You may continue in the group health insurance plan during the unpaid leave of
absence under this section by paying the full cost of the premium by the 151"of the month for the following
month's coverage. Failure to pay such premium will result in tennination of the coverage.
If you plan to return to work following an unpaid leave of absence taken under this section, you inust
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-term Disability,Dental Coverage,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.
The City of Fairfax will pay the amount of the premium for the eligible employee based on the
City's best group health plan option. if the employee chooses one of the other lesser plans, the
City will contribute towards that smaller premium, up to the premium amount of the best group
health plan option. The excess premium may be used towards spouse and/or dependent coverages,
but not received in cash compensation.
4.11.2 Start of Coverage: Coverage for eligible employees is effective thirty(30)days following
the new hire or employee reinstatement date. Upon termination, 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(18)months at you or your dependents'
expense. The eighteen month continuation coverage period provided in the event of your
termination 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.
If you or your eligible dependents elect to continue in the group health insurance 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.
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The City Clerk will contact you concerning these options at the time termination occurs or your
work horns 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 plan, 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 twenty-five thousand dollars ($25,000) 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.
4.11.8 Dental Insurance: The City currently provides a dental 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-tune 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.
4.13.2 Travel Expenses: All employees will be reimbursed for related expenses incurred
while traveling on City of Fairfax business as outlined below.
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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.
D. Employees will be paid a per diem as set by Governmental Services Administration(GSA)
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. In 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.
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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, unnecessary 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.
11. 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
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can be corrected using progressive discipline. Typical progress discipline would include a verbal warning
followed by two written warnings. Situations that the City believes will respond to corrective discipline
will nonnally 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 pennitted. 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.
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CHAPTER 6 - 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 worker's 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 tennination,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 smoking 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 Smokefree Air 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 pennitted 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
meal and break periods. Employees are not provided additional time away from work to smoke or use
tobacco products.
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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 information 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 infornation 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)
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CHAPTER 8 - SUBSTANCE ABUSE 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,
must 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 that 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
perfonnance.
Abuse of legal drugs will not be tolerated. The 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 During 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
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drug,is subject to discipline,up to and including termination,even for the first offense. However,
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 infonnation. 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 (FMCSA) and Department of Transportation(DOT) 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 UnityPoint Health Systems and the City of Fairfax.
8.3.2 Required Hours of Compliance and Prohibited Behavior A driver must not consume
alcohol while on duty,four hours prior to on duty time,and up to eight hours following an accident
or until the employee undergoes a post-accident test,whichever occurs first.
A driver shall not report for duty or remain on duty that requires performing safety-sensitive
functions when the driver uses any controlled substance,except when the use is at the instruction
of a physician who has advised the driver that the substance does not adversely affect the ability
to safely operate a commercial motor vehicle.
8.3.3 Designated Representative (DER): The Mayor of Fairfax or his/her designee will serve
as the City's Designated Representative(DER).
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8.3.4 Collection Facility: UnityPoint Health's Work Well Solutions in Cedar Rapids will serve
as the City's local collection facility.
8.3.5 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.
8.3.6 Circumstance for Testing: The FMCSA and DOT require that controlled substances and
alcohol test be given to drivers in the following specific circumstances:
1. Pre-employment — see Section 8.2.1 and 8.2.2 of this document for more
infonnation
2. Reasonable Suspicion—employee exhibiting behavior to reasonably suspect that
such employee is under the influence of alcohol or drugs can include the following list of
behaviors. This is not intended to be a complete list nor must the employee be exhibiting more
than one of these behaviors: trouble walking or keeping balance; abnormal speech;flushed,pale,
or sweaty face; alcoholic or drug odor on the breath; eyes that are bloodshot, watery, droopy,
closed, dilated, glassy, or hidden; actions that are resisting, insubordinate, hyperactive, crying,
hostile, threatening, drowsy, or erratic; abnonnal eating or chewing of gun, candy, mints, or
tobacco.
3. Post-accident — when there is a fatality, the driver is ticketed and someone
involved in the accident is treated away from the scene, or the driver is ticketed and a vehicle is
towed from the scene
4. Random—FMCSA and DOT regulations require each employee driver of a CMV
to participate in a random controlled substance and alcohol testing program. The City of Fairfax
is a participant in a large pool of employees as part of a consortium. The required percentages of
testing must be met by the entire pool. The City is notified of which employees,if any,have been
selected for which type of testing each quarter. Employees are required to submit to testing
immediately upon notification by management.
5. Return-to-duty—see section 8.3.11 of this document for more information
6. Follow-up—see section 8.3.11 of this document for more information
8.3.7 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.
8.3.8 Refusal to Submit to a Controlled Substances Test: An employee who refuses to submit
to a controlled substance test will be hrimediately removed from safety-sensitive functions and
shall be subject to disciplinary action up to and including termination. An employee who refuses
to submit to a test also must be evaluated by a substance abuse professional (SAP) even if our
policy requires the driver to be terminated. Behavior that constitutes a refusal to submit to a test
includes: refusal to take the test,inability to provide sufficient quantities of breath,saliva,or urine
to be tested without a valid medical explanation; tampering with or attempting to adulterate the
specimen; interfering with the collection procedure; not immediately reporting to the collection
site; failing to remain at the collection site until the collection process is complete; having a test
result reported by an MRO as adulterated or substituted; or leaving the scene of an accident
without a valid reason before the tests have been conducted.
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8.3.9 Testing Procedures:
1. Alcohol-The collection sites used to conduct the alcohol screening will have the
technicians conduct alcohol screenings and confinnation tests which are DOT certified and the
collection site will follow all testing protocols as set forth in the DOT regulation CFR 49 Part 40.
The collection sites will verify this upon request.
2. Drug-The collection sites used to conduct the DOT drug testing collections will
have the collectors conduct drug testing collections which meet the training and certification
requirements as set forth by the DOT regulation CFR 49 Part 40 and follow all testing protocol as
set forth in the DOT Urine Specimen Collection Guidelines. The collection sites will verify this
upon request.
8.3.10 Test Results: No action shall be taken under FMCSA or DOT authority against the driver
based solely on test results showing an alcohol concentration of less than 0.02. Test results of less
than 0.02 are considered negative for the purposes of this employer testing program.
Any employee driver who has an alcohol concentration of 0.02 or greater but less than 0.04 shall
not perforin or continue to perform safety-sensitive functions until 24 hours following the
administration of the test. No other action can be taken under FMCSA or DOT authority against
the driver based solely on test results showing an alcohol concentration of less than 0.04.
If the test of an employee,who is subject to the requirements of FMCSA or 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.
8.3.11 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.
8.3.12 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.
8.3.13 Time Off: An employee required to take time off in order to participate in a
rehabilitation program will be pennitted to use sick leave, vacation time, accumulated
compensatory time, and/or unpaid leave.
8.3.14 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.
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Successful completion of the prescribed program will be required for the employee to continue
employment with the employer.
8.3.15 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.
8.3.16 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 perfonnance.
8.3.17 Effects of Alcohol and Controlled Substances: Information can be obtained on the
effects of alcohol misuse and controlled substances use on an individual's health, work and
personal life; signs and symptoms of an alcohol problem; and available methods of intervening
when an alcohol and/or controlled substance problem is suspected from pages 8 — 32 of the
Employee Education Guide from the CDL Manual from UnityPoint Clinic as revised January 1,
2017.
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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 terns of the
policy as a condition of employment with the City of Fairfax.
Naive Date
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CHAPTER 9 - MISCELLANEOUS
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 disann 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 and building 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 and building
department employees a similar presentation to the community. The uniforms shall be returned upon
termination of employment.
9.5 Safety Equipment:
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The City of Fairfax requires all employees to wear safety and/or protective gear as required by
OSHA regulations.
The City of Fairfax provides hearing protection as needed for safety while performing work tasks.
The City of Fairfax provides high visibility shirts and jackets as needed for safety while
performing work tasks.
The City of Fairfax provides non-prescription safety glasses (both clear and tinted) as needed for
safety while performing work tasks.
The City of Fairfax will participate in the cost of purchasing prescription safety glasses as needed
for safety while perforning work tasks. Each employee requiring prescription glasses and
perforning work tasks which need safety glasses according to OSHA standards will be given a
$180.00 annual credit through the City's prescription safety glasses supplier to purchase non-
tinted prescription safety glasses. If the glasses cost more than the$180.00,the employee will be
required to pay the difference. If the glasses cost less, the difference will not be paid to the
employee. If the employee wishes to purchase tinted prescription safety glasses, these may be
ordered through the City's supplier, but the employee will be required to reimburse the City of
Fairfax for the cost.
All maintenance department employees and building inspectors are required to wear steel-toed or
composite-toed work boots. The City of Fairfax will reimburse the maintenance department
employees and building inspectors up to$150.00 a year for the purchase of these required boots.
A receipt, showing the boots, date, and amount, will be required to request the reimbursement.
This reimbursement must be ran through payroll and will be subject to payroll taxes.
9.6 Cell Phone:
The City of Fairfax provides a cell phone to each of the full-time maintenance department employees,
building department official, 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 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.
If any of the employees listed above who wish to use their personal cell phone for work purposes to avoid
dual phones,the City of Fairfax will reimburse the employee$25.00 per month for a non-smart phone and
$55.00 per month for a smart phone with a personal data and texting plan. This reimbursement must be
ran through payroll and will be subject to payroll taxes. The phones must be used during work and for
after business hours work emergencies.
The use of a personal cell phone for work purposes brings this device under the requirements of public
records per Chapter 22 of the Code of Iowa. The public has the right to examine and copy a public record
and to publish or otherwise disseminate a public record or the information contained in a public record.
By choosing to use a personal cell phone the employee agrees to make available all phone records if
required by law. This may require that the phone be turned over to the City of Fairfax to access the records
or signing any needed releases to access information through your phone service provider.
9.7 Tablet Computers:
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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.
9.8 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 detennined 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.
9.9 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 trust 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.)
9.10 Disaster Recovery Plan-Computer Based Policy(Attached as Appendix B)
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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
tenninated after completing one year of service,you will be paid for unused vacation.
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CITY OF FAIRFAX
ELECTRONIC COMMUNICATION POLICY
(Appendix A)
E-MAIL AND INTERNET ACCESS SYSTEMS
A.l Purpose:
The purpose of this 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.
Each employee is directly responsible for any and all activity occurring under his or her e-mail
naive 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.
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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:
The City of Fairfax is committed to convert records to electronic format. This improves retrieval,
lessens the need for physical storage, and is more secure.
Employees have the obligations to review their e-mail and only correspondence constituting
"official business"needing to be retained beyond 90 days shall be kept,preferably electronically.
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, and 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.
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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.
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:
1. 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 for business activity.
6. 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-mail and Internet access systems is a privilege afforded to authorized
users. This privilege may 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.
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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 no control over and can, therefore, not be responsible for the information on the Internet
other than what we as an organization place there.
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CITY OF FAIRFAX
DISASTER RECOVERY PLAN
COMPUTER BASED 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 Off/Time 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 full 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.
B.6 Computer-based Systems Policy Review and Amendment:
This Computer-Based Systems Policy shall be reviewed every four years or more frequently as
appropriate.
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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 information 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
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