21-R-13 - Employee Policies"1*11119111 AOI'mkj
I'm
; 1 0 e0,101 1 1 a I I I I I I
M ,
UM 6
MaMMMIT liarm.
I IMOO XGJ V [lk's V U
WHEREAS, the City of Schertz (the "City") has revised the Employee Handbook of
policies; and
a-FAM,
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application of
s-m�q,mvisiiirtt 2;-r"1eG--C
y--G#,Wrre-k
hereby declares that this Resolution would have been enacted without such invalid provision.
Section • It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required • Chapter 5 5 1, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final passage,
and it is so resolved.
M q Rai Geueffz
, , o
willmillom �
Al =fl
1400 SCHERTZ PARKWAY
SCHERTZ, TEXAS 78154
AUTHORITY
This policy manual contains statements of Human Resources policies and philosophy. In accordance
with the City of Schertz Charter Section 6.02 - Operational and Personnel Policies, the City
Manager shall be responsible for the preparation of operational and personnel policies. Personnel
policies which affect the budget and employee discipline and /or adverse actions shall be approved
by City Council. All other operational and personnel policies will be approved by the City Manager
but provided to City Council for their information.
This manual is designed to be a working guide for supervisory and non - supervisory staff to ensure
equitable treatment to all employees. Policies contained in this manual are intended to provide
guidance on most situations that may arise. They do not constitute part of an employment contract,
nor are they intended to make any commitment to any employee concerning how individual
employment actions can, should, or will be handled. In cases where circumstances are not specifically
addressed by policy, the Human Resources Department should be contacted.
Policies are subject to revision and /or further development in response to growth, changes in
employment law and the changing environment. The City of Schertz reserves the right to delete,
change, add and /or revise this manual at any time for any reason without notice. The Policy Manual
is reviewed periodically and updated as necessary.
IMPLEMENTATION
The City Manager is responsible for the administration of Human Resources policies and procedures.
The City Manager may delegate authority to appropriate staff members, including Department Heads,
to act on their behalf in the administration of these policies and City procedures.
With exception of matters of appointment and other personnel actions reserved to the City Council
by statute or charter provision, final authority, in the form of review and approval, is reserved to the
City Manager with regard to all personnel matters and subjects covered by these regulations.
Managers and supervisors are expected to notify the Human Resources Department when clarification
is needed in the administration of Human Resources policies or procedures. Any questions
concerning eligibility for a particular benefit, or the applicability of a policy, should be addressed to
the Human Resources Department.
These policies completely replace and supersede any and all personnel policies previously adopted,
individually or as a set of policies, by the City Council.
APPLICABILITY
These policies apply equally to all employees of the City except the City Manager, City Attorney, Municipal
Judge, Municipal Prosecutor, and City Secretary unless a class of employees is specifically exempted by
these policies.
In cases where federal or state laws or regulations supersede local policy for specific groups of employees,
such laws or regulations will substitute for these policies only insofar as necessary for compliance.
SECTION I
INTRODUCTION
1.1 Introduction ................................................................ ..............................1
1.2 Applicability ................................................................. ..............................1
1.3 City Administration ..................................................... ..............................1
SECTION II
GENERAL POLICIES
2.1
Employment ............................................................... ..............................3
2.1.1
At -Will Employment ................................. ..............................3
2.1.2
Age Requirements .................................... ..............................3
2.1.3
Filling Position Vacancies ......................... ..............................3
2.1.4
Medical Examination ............................... ..............................6
2.1.5
Nepotism .................................................. ..............................6
2.1.6
Interpersonal Relationship and Fraternization ......................10
2.2
Work Hours and Time Keeping ................................... .............................11
2.2.1
Work Hours ............................................... .............................11
2.2.2
Lunch Breaks ............................................. .............................12
2.2.3
Rest Periods .............................................. .............................12
2.2.4
Public Safety Department Work Schedules ...........................12
2.2.5
Timekeeping and Reporting ...................... .............................12
2.3
Employee Conduct ...................................................... .............................19
2.3.1
General Conduct ....................................... .............................19
2.3.2
Workplace Civility ..................................... .............................19
2.3.3
Attendance ................................................ .............................20
2.3.4
Gifts ........................................................... .............................21
2.3.5
Dress and Personal Appearance ............... .............................21
2.3.6
Electronic Communications and Digital Resources Usage .....
22
2.3.7
Workplace Monitoring .............................. .............................25
2.3.8
Workplace Security ................................... .............................26
2.3.9
Outside Employment and Conflict of Interest .......................
26
2.3.10
Abandoned Property ................................. .............................27
2.3.11
Smoking and Tobacco Products ................ .............................27
2.3.12
Political Activity ......................................... .............................27
2.3.13
Interaction with City Council .................... .............................28
2.3.14
Photographs .............................................. .............................28
2.3.15
Departmental Policies ............................... .............................28
2.4
Drug Free
Workplace .................................................. .............................29
2.5
Firearms and Weapons ............................................... .............................33
2.6
Vehicles and Equipment Usage ................................... .............................33
2.7
Safety
.......................................................................... .............................40
SECTION III
TRAINING & DEVELOPMENT
3.1 Job Orientation and Training ...................................... .............................41
3.2 Probationary Period .................................................... .............................41
3.3 Travel, Training & Conference Procedures ................. .............................43
3.4 Tuition Reimbursement .............................................. .............................45
SECTION IV
COMPENSATION & BENEFITS
4.1 Pay Policy and Procedures .......................................... .............................46
4.1.1
Fair Labor Standards Act ( FLSA) ................ .............................46
4.1.2
Employee Classifications ........................... .............................47
4.1.3
Determining Salaries ................................. .............................48
4.1.4
Overtime Pay ............................................. .............................49
4.1.5
Compensatory Time .................................. .............................50
4.1.6
Stand -By Pay ............................................. .............................52
4.1.7
Education Pay ............................................ .............................53
4.2 Benefits
....................................................................... .............................54
4.3 Holiday,
Vacations, and Leaves ................................... .............................55
4.3.1
Holidays ..................................................... .............................55
4.3.2
Vacation Leave .......................................... .............................58
4.3.3
Sick Leave .................................................. .............................59
4.3.4
Sick Leave Pool .......................................... .............................60
4.3.5
Family and Medical Leave (FMLA) ............ .............................63
4.3.5.1 Workplace Milk Expression for Breastfeeding
Employees................................ .............................65
4.3.6
On- The -Job Injury Leave / Pay .................... .............................66
4.3.7
Light Duty .................................................. .............................69
4.3.8
Bereavement Leave .................................. .............................70
4.3.9
Jury Duty ................................................... .............................71
4.3.10
Military Leave ............................................ .............................72
4.3.11
Maximum Leave of Absence; Concurrent Leave ...................72
SECTION V
EMPLOYEE RELATIONS
5.1 Harassment Prohibited ............................................... .............................73
5.2 Sexual Harassment Prohibited .................................... .............................73
5.3 Reporting Sexual Harassment or Other Types of Harassment ................74
5.4 Disagreement Procedures .......................................... .............................76
5.5 Performance Management ......................................... .............................77
5.6 Progressive Discipline and Disciplinary Appeals Process .........................81
SECTION VI
SEPARATION FROM EMPLOYMENT
6.1 Separation from Employment .................................................................
9O
5.1.1
Resignation .............................................................................
9O
5.2.2
Retirement .............................................................................
9O
5.1.3
Reduction |n Force .................................................................
9I
6.1.4
Administrative Termination ...................................................
9l
6.1.5
Employment Abandonment ...................................................
9l
6.1.6
Termination ............................................................................
9l
6.1.7
Death ......................................................................................
92
6.1.8
Return of City Property ..........................................................
92
6.1.9
Use Of Leave After Notice ......................................................
92
SECTION 1
IIgk1 %l11IfL4 no
1.1 Introduction
This handbook has been prepared as an introduction to the City for new employees and
as a reference guide for all employees. It is intended to acquaint employees with the
policies, rules, compensation arrangements, and benefits which apply to all employees of
the City. Employees should read, understand, and comply with all provisions of the
handbook.
Some City Departments may have additional rules, policies, and procedures, and each
employee should discuss those matters with their supervisor.
1.2 Applicability
The policies presented in this handbook apply to all City employee positions, except as
otherwise noted. Violation of any policy contain herein may result in disciplinary action,
up to and including termination. The policies contained in this handbook do not apply
when a conflict exists between the policies and State and Federal laws. In addition, certain
employment rights of some City employees, such as the City Secretary and the Municipal
Judge, are governed by the City Charter, and, when a conflict exists between the policies
in this handbook and the City Charter, the applicable terms of the City Charter govern
those employment relationships. Finally, the policies in this handbook do not apply to
volunteer members or elected officials of City boards and commissions, except when
specifically referred to.
1.3 City Administration
City Manager. Except for tasks reserved to the City Council by law (including the City
Charter), the City Manager is responsible for the conduct and administration of the City's
business. Among other matters, the City Manager has the basic responsibility for the
City's personnel program.
Assistant City Manager. Under general direction of the City Manager, the Assistant City
Manager leads one or more major City functional area, provides policy guidance and may
direct activities of assigned departments, divisions and services.
Department Heads. Department Heads, under the jurisdiction of the City Manager and
Assistant City Manager, are responsible for conducting the business of their Departments.
They are expected to set an example of ethical and professional conduct. They are also
responsible for enforcing the rules and regulations contained in this handbook, assisting
supervisor and employees in interpreting policies in cases where clarification is needed,
and providing assistance to supervisors and employees to maintain consistent compliance
with these rules and regulations.
END OF SECTION I
l,l *111 [QZaI
GENERAL POLICIES
2.1 Employment
2.1.1 At -Will Employment
The contents of this handbook are presented as a matter of information only and do
not constitute a contract. Each employee is engaged by the City for an indefinite
period, and there are no guarantees, expressed or implied, as to the length of time for
which the City will continue any person's employment. Accordingly, employment may
be terminated at any time at the will of the City or the employee. No one other than
the City Council has any authority to alter this at -will relationship, whether through
oral or written statements, promises, or otherwise. To be binding on the City, any
agreement or promise that contradicts or alters the at -will nature of employment must
be in writing, approved by the City Council and signed by the City Manager.
2.1.2 Age Requirements
No person under 18 years of age shall be employed by the City in any regular position.
Temporary, short -term positions, such as summer employment, may be offered to
persons under the age of 18 years. Otherwise, age restrictions do not exist for any type
of employment, unless specifically stated in the job qualifications.
2.1.3 Filling Position Vacancies
Competitive consideration of external and internal applicants is the default method of
recruitment and selection for all positions. If requesting a method other than the
default, Department Heads must submit their recommendations on the method of
recruitment and selection in writing to the Assistant City Manager, to include
justification based on the criteria outlined below. The Assistant City Manager shall be
the final authority on the method of selection to be used in filling each vacancy.
The City will always seek to obtain the most capable person available to perform a
particular job without regard to race, religion, color, sex, age, disability (if otherwise
qualified), national origin, sexual orientation or gender identity.
Methods of Recruitment and Selection. The City will employ one of the following
methods of recruiting and selecting qualified persons to fill position vacancies:
• Competitive consideration of both external and internal applicants
• Competitive consideration of internal applicants only
• Placement of existing employee as a result of a promotion or transfer, or as an
accommodation
t�l
• Selection from a valid current eligibility list of applicants. (A valid current
eligibility list is a record of applications for the same or a similar position for
which recruitment was conducted previously. If not determined by individual
department policy, the list must have been determined within the preceding
180 days.)
Department Heads shall notify the Human Resources Department when vacancies
occur or are imminent. Before the recruitment process begins, Department Heads
should consult with Human Resources to ensure that the job description is current and
accurately defines the job responsibilities and skill sets and other qualifications
required to perform the job.
The decision to hire internally or externally may be based on one or more of the
following criteria:
• The skill requirements of the position
• The internal supply of talent
• The presence of succession planning
• The benefit of knowledge of internal operations
As a tool to develop employee loyalty, promote employee growth and increase
employee engagement and morale, employees are encouraged to develop their
qualifications. Promotions may occur from within the organization when a current
employee meets the minimum requirements and has successfully demonstrated the
desired skills, knowledge and abilities required for a position, and there is no value
added to the organization by seeking external applicants. There is no requirement to
post a position vacancy internally first.
Internal job announcements will be posted for a period of no less than five [5] working
days and external job announcements will be posted for a period of no less than ten
[10] working days. These requirements may be waived by the City Manager, when
deemed to be in the best interest of the City.
Selection of Applicants. For all positions (except the Police Department, Fire
Department, and the EMS Department, which have their own hiring /promotion
procedures), after a position has been advertised the required length of time and the
final date for accepting applications has expired, the hiring department /manager will
initially review and screen the applications, verifying experience, references, and /or
any other information that may be required to identify the most qualified applicants.
The Human Resources Department may assist with review of applications, but the
hiring department will conduct interviews and make final selections. The Department
head will make a recommendation of employment, which must be approved by the
Assistant City Manager. If approved, HR will prepare and present a conditional offer of
4
employment to the employee. The City Manager will be the final hiring authority for
all hires.
Factors on which individuals may be selected for City employment include, but are not
limited to, training, experience, and education as reflected on the application form. If
the Department head believes that a test is necessary to measure an applicant's ability
to perform a job, an ability test, a written test, or both, may be required. Any test given
will be designed to measure the applicant's ability to perform the job for which they
are applying. A driver's license check is required for those applicants who will be
expected to operate vehicles or road machinery.
When current employees are being considered for a position, the hiring department
may request copies of their service record with the City, to include disciplinary actions
and performance evaluations.
The City may reject any application if the applicant:
• does not meet the minimum requirements established for the position;
• is unable to perform the duties of the job with or without reasonable
accommodation;
• has included false information in the application;
• does not successfully complete a pre - employment drug screen, physical and
agility test (as required by position);
• has omitted required information or failed to submit the application correctly or
within the prescribed time limit.
The City is an equal opportunity employer and seeks to maintain a diverse work force.
Promotions. Promotions are a change in status which result in advancement to a
position in a higher service grade.
Promotions are based upon such factors as efficiency, performance, length of service,
superior qualifications of the person to be promoted as shown by their previous service
and work knowledge, demonstrated aspects of ability to do the job over a certain period
of time, and a lack of multiple qualified internal candidates. No promotions will be based
solely on the basis of length of service or longevity. A promoted employee retains the
same employment anniversary date, all accrued vacation and sick leave, and their
continuous service record.
In accordance with the City's Probation policy, employees who are promoted to another
position or another department within the City are required to serve a six (6) month
probationary period. No employee shall be promoted to another department while still
serving probation unless approved by the transferring department and the Assistant City
Manager. Employees in a probationary status are not eligible for merit increases.
Transfers. A transfer is the reassignment of an employee from one position to another
position in the City with the same or lower pay grade. Transfers may be made
administratively (due to reductions in force or employee accommodations) or in
conjunction with an announced selection process. A transferred employee retains the
same employment anniversary date, all accrued vacation and sick leave, and their
continuous service record.
In accordance with the City's Probation policy, employees who are required to transfer
to at no fault of their own (due to reduction in force or employee accommodation) will
not be required to serve probation in their new positions.
An employee wishing to self- initiate a transfer from one position or department to
another (not as a result of an accommodation or reduction in force) must apply for open
vacancies. Employees who transfer will have a starting salary not less than the entry -
level salary for that position, but may be less than the employee was receiving in their
previous position of employment. In accordance with the City's Probation policy,
employees who voluntarily transfer to another position or department, regardless of
position type or pay, shall be required to serve a six (6) month probationary period. No
employee shall be transferred to another department while still serving probation unless
approved by the transferring department and the Assistant City Manager.
2.1.4 Medical Examination
After a conditional job offer has been made and prior to commencing employment,
prospective employees may be required to undergo a physical examination to determine
the prospective employee's ability to perform the duties of the position applied for. The
cost of such examination is paid by the City. Reasonable accommodations may be made
to enable individuals with disabilities to perform the essential functions of a position.
2.1.5 Nepotism
The City places limitations on the employment of relatives to comply with all applicable
laws and to prevent a condition of conflict between personal relationships and a City
employee's duties and responsibilities to the City. This policy is designed to prevent a
supervisor /subordinate relationship between relatives. This policy is also designed to
prevent favoritism or the perception of favoritism by other employees in the department
and /or City. The City forbids the practice of nepotism in hiring personnel or awarding
contracts.
6
Definitions
Affinity — Includes the spouse of an elected City official or employee and individuals
related to the spouse.
Consanguinity — Includes individuals related by blood to an elected City official or
employee.
Department — A major administrative branch of the City that reports to a Department
Head and provides management responsibility for a group of related functions.
Nepotism — The practice of favoring relatives over others.
Relatives — Includes, but is not limited to, the first, second and third degree of
consanguinity (blood), adoption; and the first and second degree of affinity (marriage).
Common Law marriages as recognized by the State of Texas will also be included for
purposes of this policy. Adopted and foster children shall be counted as blood relatives.
Consanguinity (relative by blood)
First Degree
Second Degree
Third Degree
Father or Mother
Grandparents
Great Grandparents
Son or Daughter
Grandchildren (& Spouse)
Great Grandchildren (& Spouse)
(& Spouse)
Uncle or Aunt (& Spouse)
Great Uncle or Aunt (& Spouse)
Brother or Sister (& Spouse)
Children of Great Uncle or Aunt
First Cousin (& Spouse)
(& Spouse)
Nephew or Niece (& Spouse)
Second Cousin (& Spouse)
Children of First Cousin
(& Spouse)
Great Nephew or Niece
(& Spouse)
Affinity (relative by marriage)
First Degree
Second Degree
Spouse
Grandparents
Father or Mother
Grandchildren
Son or Daughter
Uncle or Aunt
First Cousin
Nephew or Niece
Brother or Sister
FA
Grandfather Clause. Employees hired before the effective date of this policy shall be
allowed to continue working in their current positions. After the effective date of this
policy, no person shall be hired by the City if their employment with the City could violate
this policy.
Relatives of Officials. No person related to any elected City official, the City Manager,
Assistant City Managers, or the Human Resources Director within the first, second, or
third degree by consanguinity (blood) or within the first and second degree by affinity
(marriage) shall be employed with the City.
This prohibition does not apply to employees who have been continuously employed by
the City for at least two (2) years prior to the election of a City official related in the
prohibited degree or to temporary employees. Furthermore, per state law, this
prohibition does not apply to an employee related to the City Manager in the prohibited
degree where the employee has been continuously employed by the City for a period of
at least 30 days prior to the appointment of the City Manager.
Relatives of City Employees
General Provisions. No City employee shall have a relative working in the same
department or any division within the same department as them. This includes interns
and temporary employees.
Supervision. No City employee shall directly or indirectly supervise a relative or supervise
the work quality of a relative. Furthermore, no City employee shall be transferred or
promoted into positions that require them to supervise the work quality of a relative or
be placed in a direct or indirect supervisor /subordinate relationship with a relative.
No City employee shall hold a job where the employee exercises supervisory authority
over the work, work assignments, working conditions, or compensation /benefits of any
relative who is also employed by the City.
Relatives shall not be employed in a position whereby they would share the same
immediate supervisor.
Applicants. At the time of application, all applicants must disclose the name(s) of any
relative(s) serving as an elected City official and any relative(s) currently employed by
the City.
Conflict of Interest. The City reserves the right to prohibit the hiring, transfer, or
promotion of any employee relative to any position within the City if the employment
action could create an adverse impact on work performance, work conditions, a conflict
of interest for the City, or the appearance of a conflict of interest for the City.
8
Recommendations for Hiring. A current City employee shall not be involved in the hiring
or selection of a relative.
Disciplinary Actions. No supervisor or any employee with supervisory authority,
including the City Manager, Assistant City Managers, or Department Heads, shall
participate in the disciplinary process, disciplinary decisions, or disciplinary appeals
involving their relative.
Investigations. No employee, including the City Manager, Assistant City Managers, or
Department Heads, shall oversee or have any responsibility in conducting any City or
internal investigation involving their relative.
Special Considerations
Employees Who Become Relatives. If employees become relatives and are in a direct
or indirect supervisor- subordinate relationship, or in positions where a condition of
conflict would exist, one or both of the employees shall notify Human Resources of this
change in relationship status. Either or both of the employees may seek a transfer or
resign from their respective positions.
If one of the employees fails to seek and /or be selected for another position not barred
by this or other policy within fourteen (14) calendar days of becoming relatives, the
employee who has the least seniority with the City, based upon the most recent hire
date, will be required to vacate their position. The respective Department Head will
consult with the Human Resources Department prior to any termination of employment.
Transfer Accommodations. Accommodations may be provided to employees who are
impacted by this policy if no positions are available for which the employee would qualify
to transfer into within the fourteen (14) day period (see above- Employees Who Become
Relatives). The following conditions will apply when accommodations are granted:
1. An employee who is offered a position with the City at a lower level than the one
previously held will receive their former salary unless that salary is greater than the
top of the range of the new position. In this case, the employee's new salary will
be set at the top of the range of the new position.
2. Accommodations will not be given to an employee who refuses a bona fide job
offer. Accommodations will not extend beyond six (6) months after the employees
last day of work with the City.
3. Accommodations will only be given when the employee meets all minimum
qualifications for the position in which he /she applies.
9
4. The City Manager will have the final approval on a r accommodations.
2.1.6 Interpersonal Relationships and Fraternization
While the City of Schertz encourages amicable relationships between management personnel
(supervisors) and their subordinates, it recognizes that involvement in a romantic relationship
may compromise a manager or supervisor's ability to perform their job. Any involvement of a
romantic nature between a manager or supervisor and anyone he or she supervises, either
directly or indirectly, is prohibited. Violation of this policy will result in either (1) the transfer of
the manager or supervisor's employment to another City department or (2) disciplinary action,
up to and including termination of the manager or supervisor's employment.
MIJ
2.2 Working Hours and Time Keeping
2.2.1 Work Hours
Standard Workweek. The standard workweek for employees is 8:00 a.m. to 5:00 p.m.,
Monday through Friday. Although a normal workweek for many regular, full -time
employees is forty (40) working hours per week, the workweek may vary by department
and operational necessity.
Standard Workday. The standard workday for regular, full -time employees is eight (8)
hours. This may vary by department and operational necessity.
Individual Work Schedules. An employee's work schedule is determined by the
department's operating requirements and subject to change at any time by the
Department Head or designee. An employee's work schedule may also be adjusted within
the standard workweek (or other designated work period as allowed by FLSA) to avoid
the payment of overtime or accrual of compensatory time.
Required Work Time. All city employees may be required to work hours in excess of their
normal work hours when necessary as determined by the supervisor.
Department Head Responsibilities. Each Department Head is responsible for ensuring
that supervisors and employees are complying with established work schedules and that
unscheduled work is minimized and managed appropriately. The mere establishment of
schedules (written or verbal) does not relieve the Department Head of their responsibility
for controlling work time. It is advised that supervisors and managers limit the use of
extended shifts beyond scheduled hours and increase the number of days employees
work.
Unauthorized Working Time. Unless approved in advance by the employee's supervisor,
non - exempt employees performing work at any time other than authorized working time
is prohibited. Unauthorized work time is time worked outside the employee's standard
day and workweek, as determined by their Department. Such time would include, but is
not limited to, work performed before or after regular work hours or work taken home.
When advance approval is not feasible due to the nature or circumstance of the work
being performed, the employee should notify their supervisor as soon as possible, noting
the amount of time worked and the work reason.
ik
2.2.2 Lunch Breaks
Department Heads or designee will determine lunch schedules so that the Department
can provide uninterrupted service to the public. Employees generally have one (1) hour
off for lunch, depending on work schedules as determined by the Department Head or
designee. This policy does not apply to shift workers, except at the discretion of the
Department Head based on scheduling and the availability of personnel for relief
purposes. Non - exempt employees are required to clock in /out for lunch. If a non - exempt
employee is required to work through a lunch period, the employee must be paid for the
time worked; however, working through lunch must be approved in advance (when
possible). If a non - exempt employee's lunch period is interrupted by work requirements,
they must be paid for any time worked. Exempt employees are not required to clock
in /out for lunch.
2.2.3 Rest Periods
City employees generally have two fifteen - minute rest breaks, one in the first half of their
shift and the other in the second half of their shift. Employees with varying schedules
should adjust their break periods accordingly through consultation with their supervisor.
Time allotted for rest periods may not be applied to any other time, absence, leave, or
time off. In all events, Department Heads have the authority to schedule rest periods so
that necessary work can be accomplished. This policy does not apply to shift workers
except at the discretion of the Department Head, based upon scheduling and the
availability of personnel for relief purposes. Rest periods are considered time worked, and
employees do not clock in /out for permitted break periods of 15 minutes or less.
2.2.4 Public Safety Departments Work Schedules
For specific information regarding shift assignments and duties for the Police, Fire and
EMS Department, employees should refer to the Department's Standard Operating
Procedures (SOPS).
2.2.5 Timekeeping and Reporting
All employees are expected to report punctually for duty at the beginning of their
assigned workdays and to work the full workdays established. Hours worked is defined as
time that an employee performs principal activities related to the job on the City's
premises or at the prescribed workplace whether suffered or permitted by the City.
Employees and supervisors will properly record, track and approve work hours and
manage requests for time off through the City's official timekeeping system. Employees
are paid according to the hours recorded and absence records (e.g. vacation, sick days)
on their electronic time sheet in timekeeping system.
WA
In order to ensure consistency of treatment for employees, the data recorded in the
timekeeping system shall be considered as the official record of the workday. Any
disputes over hours worked or attendance will be resolved in accordance with City Policy
5.3 Disagreement Procedures.
Certain situations (e.g. clock malfunction) may necessitate manual correction or data
entry in the current pay period. These changes will be clearly documented via email from
the department Manager /Supervisor to the timekeeper, who will make edits and notes
on the timecard. The timekeeping system Time automatically tracks and manages
employee hours and applies current City of Schertz pay rules. Changes to previous pay
periods must be communicated via email to Human Resources.
If a supervisor makes an adjustment to a time sheet and the employee is not immediately
available to approve, the supervisor must include a detailed note as for the reason for
change, and notify the employee of any change to the time sheet as soon as possible.
Recording Time Worked. All employees, exempt and non - exempt, are required to clock
in /out each shift to record hours worked. Time will be recorded and paid by the minute
for non - exempt employees. Time will be recorded by the minute for exempt employees,
but will not impact salary.
Time clocks, computers, and the timekeeping cell phone app can all be used for
employees to record their time, but use of the cell phone app requires pre - approval by
the Department Head.
Employees found to be clocking in for someone else or having other people clock in for
them may be subject to disciplinary action, up to and including termination for all
involved.
Employees are expected to clock in /out as close to their designated start /end time as
possible. Employees clocking in after their scheduled start time are considered late.
Absenteeism and tardiness will be handled by the employee's supervisor.
If an employee fails to punch, it is the responsibility of the employee to notify their
supervisor. If the employee fails to notify their supervisor by the payroll deadline, missed
pay may not be paid until the following payday. Employees working off -site or outside
of normal business hours without access to clock in /out are required to report time
worked to their immediate supervisor for manual time entry. Employees who
consistently miss documenting their time in the timekeeping system may be subject to
disciplinary action in accordance with the progressive discipline policy.
13
Overtime must be authorized in advance by the Department Head or designee (this
includes skipping lunches). When advance approval is not feasible due to the nature or
circumstance of the work being performed, the employee should notify their supervisor
as soon as possible, noting the amount of time worked and the reason for overtime.
Non - exempt employees who work overtime without authorization must still be paid for
the time worked, but may be subject to disciplinary action if unauthorized time
continues.
An employee working on a shift when daylight savings time goes into effect will be
credited with the actual number of hours worked on that shift. An employee working on
shift upon return to standard time is credited for the actual number of hours worked on
that shift.
If time is submitted incorrectly, corrections will have to be made in the following pay
cycle and should be communicated via email to rschertz.com.
Pay Period. The regular workweek is Saturday at 12:00 am through Friday at 11:59 pm.
For specific information regarding workweeks for the Police, Fire and EMS Department,
employees should refer to the Department's Standard Operating Procedures (SOPS). The
pay period for all employees is two weeks (14 days).
FLSA Cycles. An FLSA cycle is defined as the period of time on which overtime is
calculated. Certified Fire working 24/48 schedule are on a 21 -day cycle. Certified Fire
working a 48/96 schedule are on a 24 -day cycle. All other employees are on a 7 -day cycle.
Employee Responsibilities. Employees are responsible for ensuring that their time work
and leave time reflected on their timecard is accurate.
Supervisor Responsibility. Supervisors must verify the number of hours worked and
leave taken by each of their employees. Supervisors are responsible for creating and
maintaining schedules for their employees.
Time Off Request. Time off requests can be generated in the City's timekeeping system
and must be approved by the supervisor prior to the time being taken by the employee,
with the exception of unscheduled absences such as sick leave. An employee may submit
a request to use sick leave following the absence and the employee's return to work. At
the discretion of the department head, time off requests may be managed outside of the
timekeeping system. If an employee submits a leave request for an official City holiday,
holiday pay will automatically be applied to full -time exempt and non - exempt employees
in the timekeeping system. Supervisors have to manually input holiday pay for part -time
employees. Refer to the Holiday Policy.
14
Electronic Timecard Approval and Deadlines. At the end of each pay period, employees
are required to approve their time worked and leave hours recorded for the pay period
by approving their timesheet in the timekeeping system. By approving the electronic
timecard, the employee is attesting to the best of their knowledge that the information
submitted is complete and accurate. In accordance with the progressive discipline policy,
employees may be subject to disciplinary action for willfully reporting false or inaccurate
information.
All timecards must be reviewed and approved by the Employee and Supervisor or
designee no later than NOON on the Monday following the end of a pay period.
Delegating Approval to another Supervisor. In the event a supervisor will be out of the
office, they will arrange for a designee to review and approve timesheets. It is the
supervisor's responsibility to ensure that the delegate has the appropriate access to
the timekeeping system to perform the delegated responsibilities prior to being out of
the office.
On -Call Status. On -Call status may require an employee to be available by phone or at
certain locations such that they cannot use the time for their own purposes. Generally,
an on -call employee would have time worked for the amount of time spent:
• Performing work - related activities, such as phone calls; and
• Driving to and from the location when called to perform work while on call.
If the time is considered time worked, the employee(s) shall receive their regular hourly
rate until they work over forty (40) hours within a given workweek, which would then
place the employee(s) in an overtime status.
This policy would also apply to an employee who is not scheduled to be on call may
nevertheless be called out.
Recording Leave Time. According to the Fair Labor Standards Act, hourly, non - exempt
employees must be paid overtime at time and one -half their regular rate of pay for all
hours actually worked over forty (40) in a single workweek.* Thus, in calculating how
many hours a non - exempt employee actually works in a week, the city will not count paid
vacation, holiday, comp time, or sick time towards the forty (40) hour workweek.
For example, an employee who normally works Monday through Friday, eight (8)
hours a day, is off on a Monday because it is a paid holiday. The employee then works
Tuesday through Friday, eight hours a day, and is asked to work four (4) additional
hours on Saturday. The employee's pay for the week would reflect a total of forty four
(44) paid hours. However, since the employee actually worked only thirty -six (36)
hours, they would not receive any overtime pay. All hours would be paid at straight
time.
im
An employee will not be paid for time not worked (sick, vacation or comp) in excess of
their regularly scheduled hours in a pay week.
For example, an employee who normally works Monday through Friday, eight (8)
hours a day, calls in sick on a Monday. The employee then works Tuesday through
Friday, eight hours a day, and works four (4) additional hours on Saturday. The
employee's pay for the week would reflect a total of forty (40) paid hours, four (4) of
which are sick. (Use of vacation would be applied in the same manner.)
A deliberate misrepresentation of time worked or leaves taken, or unauthorized absence
may result in disciplinary action up to and including termination.
*Does not apply to Fire Operations personnel subject to Section 7(k) Overtime Exemption
as outlined in FLSA regulations.
Leave Substitution. All applicable paid leave must be used concurrently with a leave of
absence with the exception of an employee who is serving a suspension. In accordance
with this policy, other leaves will be automatically substituted when there is an
insufficient balance of a requested leave or substitution type (e.g. If ten (10) days of leave
are requested to take care of an ill child, but the employee only has five (5) days of sick
leave, then any comp time balance followed by any vacation time balance will
automatically be substituted, if available). Employees may not use comp time or any other
leave in place of sick time unless the employee has exhausted their sick leave.
Work "suffered or permitted." Overtime must be paid if the employer "knows or has
reason to know" that the employee is working. The location of the work (e.g., at the job
site or away from it) is immaterial if the employer knows or has reason to know of the
employee's work.
Training Time. Time spent studying and attending classes for courses which are required
by the supervisor for an employee's current job is considered time worked.
Time spent in training, lectures and meetings need not be considered time worked if all
the four of the following conditions are met:
• Attendance occurs outside of regular work hours.
• Attendance is totally and completely voluntary. To meet this criterion, the
employer cannot require employee attendance; and the employee must not be
led to believe that non - attendance would adversely affect their employment.
• The employee does no productive work related to the employee's job
responsibilities while attending training; and
• The training is not directly related to the employee's present job
in.
o Training is "directly related" to the employee's job when it is designed to
make the employee more effective at their present job.
o Training is not "directly related" to the employee's job when it prepares
the employee for a different job, including a promotion.
Time spent by an employee on their own initiative attending an independent school,
college or independent trade school after hours is not considered time worked for the
City even if the courses are related to the job. This policy is separate and independent
from the City's tuition reimbursement program.
Travel Time
In accordance with the FLSA, the principles that apply in determining whether time spent
in travel is time worked depend upon the kind of travel involved.
Home -to -work travel. Normal commuting time to an employee's regular worksite is not
treated as hours worked under the FLSA.
Home to work on a special one -day assignment in another city. When an employee must
travel out of town for work but returns home the same day, all the time spent traveling
during the day is compensable, regardless of the employee's regular work hours.
However, the City may deduct the time the employee would have spent commuting to
their regular work location.
Travel that is all in a day's work. Time spent traveling to and from different worksites
during the day is work time and must be paid.
Travel away from home. When travel requires an overnight stay, any time traveling as a
passenger that falls within the employee's normal work hours is compensable, regardless
of what day of the week the travel takes place. Time spent traveling to an airport terminal
or train station is considered commute time and is not treated as hours worked, but the
time spent waiting at the terminal until arrival at the destination is compensable when it
falls during normal work hours.
For example, if an employee normally works Monday through Friday, 8:00 a.m. to 5
p.m., and they are required to travel by plane on a Sunday for business in another
state, the travel time on Sunday between 8:00 a.m. and 5 p.m. is compensable.
So, if the employee arrives at the airport on Sunday at 3 p.m. and at their destination
at 8 p.m., the City is required to pay them only from 3 p.m. to 5 p.m., the hours that
correspond with their normally scheduled work hours.
Driving at the direction of the City. When employees are required to drive themselves or
others, all driving time is compensable. However, when an employee is traveling to an
M
overnight stay and has the option to use public transportation (e.g. airplane, train, bus,
etc.) but chooses to drive their own vehicle instead, the City can either choose to pay for
all time spent traveling or pay only the travel time that occurs during normal work hours,
regardless of what day of the week the employee travels (CFR 785.40).
If the employee drives themselves or others at the direction of the City rather than
traveling as a passenger, all the time spent driving is compensable work time,
regardless of the employee's normal work hours.
Worked performed while traveling. An employee must be paid for any time they is
performing work. This includes time spent working during travel as a passenger that
would otherwise be non - compensable.
For example, an employee normally works Monday through Friday, 8:00 a.m. to 5 p.m.
They arrive at the airport on Sunday at 3 p.m. and at their destination at 8 p.m.
Generally, the City is required to pay them only from 3 p.m. to 5 p.m.; however, if the
employee works on a presentation during the flight until 6:30 p.m., the City would
need to pay them from 3 p.m. to 6:30 p.m.
Medical Attention. Time spent waiting for and receiving medical attention as a result of
a workplace injury is considered time worked.
Volunteer Work. FLSA covered employees may not work in excess of 40 hours in a
workweek without compensation.* All time worked must be properly recorded.
Volunteer efforts by an employee for the City shall not be reported as time worked and
shall not be compensable as long as the effort is voluntary.
In order to classify an employee as a volunteer and not an employee under the FLSA, all
of the following requirements must be met:
*Does not apply to Fire Operations personnel subject to Section 7(k) Overtime Exemption
as outlined in FLSA regulations.
18
2.3 Employee Conduct
2.3.1 General Conduct
All employees are expected to maintain a high level of professional conduct on the job,
to render courteous, efficient service to the public, to be mindful of safety practices and
to exercise the utmost care in the use of City property.
2.3.2 Workplace Civility
The purpose of this policy is to reinforce our commitment to the City's core values of
acting with integrity and personal accountability, to support a culture of inclusion, and to
establish guidelines for civility and professionalism in the workplace.
CITY CORE VALUES:
• Do the Right Thing
• Work Collaboratively as a Team
• Do Your Best
• Treat Others The Way You Want to Be Treated
Employee Responsibilities. All employees are expected to conduct themselves in a
professional manner that promotes a safe, respectful, inclusive and productive work
environment. Employees are expected to exhibit a high degree of personal integrity, civility
and professionalism at all times while on the job. This expectation applies to all
interactions with coworkers, supervisors, subordinates, customers, vendors, contractors,
citizens, and /or visitors. Interactions may be verbal, nonverbal, physical, written, through
imagery, electronic or digital means.
Disrespectful, unprofessional, and /or uncivil behavior is unacceptable and may result in
corrective action, up to and including termination. Such behavior includes but is not limited
to behaviors that a reasonable person would find offensive, humiliating, or disrespectful
such as:
• Use of profanity or otherwise offensive language or jokes
• Obscene or indecent gestures
• Shouting, yelling or other aggressive behavior
• Degrading, demeaning, humiliating or insulting comments
• Discriminatory remarks
• Racist, sexist or other slurs or symbols
• Name- calling
• Horseplay
• Harassment
• Retaliatory actions
M
• Personal attacks
• Acts of insubordination
• Excessive yelling, repeated emotional outbursts, berating others, using a
harsh tone of voice
• Talking down to others or using degrading remarks or tone of voice
• Criticizing others in front of a group; using a condescending tone
• Social exclusion or ostracism, ignoring others, silent treatment
• Treating some less favorably than others
• Gossiping or spreading rumors
• Making threats; using intimidating tactics
• Any malicious behavior a reasonable person would find unprofessional,
disturbing and harmful to their psychological health
Supervisor Responsibilities. Supervisors are expected to demonstrate leadership in
exhibiting and promoting professionalism, civility and respect. This includes setting clear
expectations and managing performance of those they supervise in accordance with
these standards through regular communication and performance feedback. Supervisors
are expected to address professionalism, civility and respect concerns and deficiencies
through coaching and /or corrective action as appropriate.
2.3.3 Attendance
Employees will report for work at the time and place specified by the employee's
supervisor. Excessive absenteeism and tardiness are disruptive and place an undue
burden on the organization, including co- workers and customers.
Reporting Absences. Employees are required to notify their immediate supervisor or
designee of an unscheduled absence as soon as possible or at least one hour prior to the
employee's scheduled start time. Asking another employee, friend, or relative to give this
notification is not acceptable notice, except under emergency conditions.
Department Heads may waive the employee reporting requirement in situations where
the employee will be absent for an extended period of time. If an employee is out on
approved continuous Family Medical Leave, as defined in the Family and Medical Leave
Act Policy, the employee is not subject to the above reporting requirement.
Failure to Report to Work. Any employee absent from their job for three (3) consecutive
work days /shifts without an authorized leave of absence shall be considered to have
abandoned their employment. An authorized leave of absence is leave approved by the
Department Head or supervisor, or qualifying leave under the Family Medical Leave Act.
Failure to report to work may result in a welfare check.
20
Tardiness. It is each employee's responsibility to call their supervisor at least one hour
prior to the start of their scheduled shift to inform the supervisor that they will be late.
The employee should specify a time they expect to arrive at work. If the employee is late
due to unforeseen circumstances (e.g. vehicle accident impeding traffic) and cannot
provide at least one hour notice, they must notify the employer as soon as possible. The
supervisor may require the employee to use accrued leave to cover the absence or
approve the make -up of any time missed.
Use of Authorized Absences. An employee will not perform work for another employer
or themselves, engage in extra duty employment, or engage in any other actions which
would be inconsistent with the stated reason for taking paid or unpaid leave on the same
calendar day that the employee fails to report for work due to illness, injury or emergency.
Violation of this prohibition will be grounds for discipline, up to and including termination.
Illness - related absences. Employees should refer to the city's sick leave policy.
2.3.4 Gifts
Employees shall not solicit, for their personal benefit, any gift, favor, or service from any
person or business entity doing business with the City that might reasonably tend to
influence the discharge of an employee's official duties or grant any improper favor,
service or thing of value. Employees may solicit, on behalf of the City, items or service
from a person or business entity in the course of their job (i.e. obtaining sponsorships for
community events). Employees may accept unsolicited advertising or promotional
materials such as pens, pencils, note pads, calendars, and other items of nominal value
(less than $50.00) to include meals or edible gifts. Regardless of value, employees must
use their judgment and should not accept gifts that a reasonable person may believe
could have the appearance of impropriety.
2.3.5 Dress and Personal Appearance
Employees shall dress in a professional manner observe appropriate habits of grooming
and personal hygiene. The Department Head shall establish dress standards which may
vary by position. Department Heads shall determine which positions are required to wear
uniforms and shall establish uniform standards for each position. The City shall provide
uniform attire to the employees required to wear uniforms. Departments may have
additional policies regarding appropriate dress and appearance.
`4
2.3.6 Electronic Communications and Digital Resources Usage
Statement of Purpose. This policy is intended to establish basic guidelines to ensure that
the use of all digital devices such as desktop computers, tablets, laptops, cellphones, etc.,
and information management systems such as desktop applications, email and the
Internet by City employees is consistent with City policies, all applicable laws, and the
individual user's job responsibilities.
Policy Violations. Violations of this policy will be reviewed on a case -by -case basis and
may result in disciplinary action, up to and including termination, in accordance with the
City's Progressive Discipline Policy. This policy and its content are subject to all state and
federal laws and rules that may apply. Violations of this policy or misuse of city - supplied
digital resources, which are of a criminal nature, may be referred for criminal prosecution.
Overview. Digital devices (aka desktop computers, tablets, mobile data devices, cell
phones, etc.), information management tools (such as desktop applications, mobile
device apps, email, etc.) and access to the Internet are useful resources provided to City
employees for conducting City business. Each user is responsible for the appropriate use
of these resources as described in this policy. Employees are expected to maintain the
same degree of etiquette, responsibility, and professionalism in the use of their digital
device and use of the City's information management systems as is expected of them in
the course of their normal job functions. Each department is responsible for ensuring that
each user is familiar with the contents of this policy.
• Employees using secured systems that access protected data have restrictions
placed upon these devices that limit access to the Internet. These restrictions are
in place in order to comply with state and federal confidential data protection
regulations and industry -based best practices.
• Employees may use the open wifi hotspots located in various buildings to access
the internet on their personal devices during their normal breaks throughout the
day.
• Dissemination of passwords and /or access codes to unauthorized persons is
strictly prohibited.
• Employees are prohibited from tampering with, connecting, adding, installing,
disconnecting, or removing any hardware, software, apps, or accessories from or
to their digital device. Excluded from this are chargers, headphones, speakers, and
other user - specific peripherals. Employees may submit a request to the
Information Technology Department for any additional hardware, software or
mobile device app other than what is provided.
• All mobile digital devices have location- tracking utilities installed and will be
securely wiped in the event of theft or loss. Employees are prohibited from
tampering with or removing these device - location utilities. Employees must
`Wa
report missing devices to the City IT department help desk 24/7 at 210 - 619 -1180
immediately upon determining that the device is missing.
• City employees should only utilize a personal electronic device (including, but not
limited to, computers, phones, electronic notebooks, Wads, electronic storage
devices, etc.) to access City digital resources that do not store the information on
the device and where the City has a record of all activities (such as Office 365 or
through a City supplied secure portal such as ADP). Staff should be aware that
records related to City business are subject to all the provisions of the Texas Public
Information Act, as amended (TPIA). In addition, employees have no expectation
of privacy in such property as it relates to City business and such information
stored in these devices may be subject to release. Employees may not delete or
alter such information related to City business. As stated in the state code, a
current or former officer or employee who maintains public information on a
privately owned device is required to forward or transfer the public information
to the City to be preserved. The City, and therefore all of its employees, is required
to preserve the public information in its original form, a backup, archive, and on
the privately owned device as required by the TPIA. Employees who choose to
utilize their personal device must comply with the statutory requirements in the
TPIA and City policies regarding use of personal electronic devices or be subject to
discipline, up to and including termination. If an employee inadvertently uses a
personal electronic device to conduct City Business that stores the record and the
City would not have access to it, they should contact their supervisor and the IT
department to provide them with a copy of that record.
• An employee who identifies any cyber- security alert on their digital device or on a
shared network resource shall discontinue all attempts to access the affected
device and immediately notify the Information Technology Department.
• Employees are prohibited from reading, moving or copying files to or from any
electronic media (disk, CD, DVD, flash drive, etc.) that was received from an
outside source. All such removable media must be brought to the IT Department
office for review. If removable media is required by an employee in the course of
their duties the IT Department will issue a secured flash drive to the employee.
Cyber Security Management. Every employee has a role to play in protecting the City's
mission - critical information and digital assets from unauthorized access and cyber
threats. In order to ensure that each employee maintains a high level of awareness about
their role:
• All new employees receive cybersecurity training as part of the onboarding
process.
• The City provides mandatory annual cybersecurity training in recognizing and
properly responding to various attempts to breach our cybersecurity defenses.
23
• Failure to successfully complete this training within the allotted timeframe will
result in suspension of access to City resources until the training has been
completed.
• The City provides additional security systems such as email filtering, desktop virus
and malware detection software, system lockdowns, etc. These tools are designed
to protect the device and to automatically to scan the digital device's local data
store each time the device is powered on, or when files are copied to or from the
device. Employees are not allowed to tamper with these systems.
Use of Internet and Electronic Mail. The efficient utilization of the Internet and electronic
mail (email) for communications can improve employee work quality and productivity.
Each employee is responsible for ensuring that he or she uses the City's internet access
and email system properly and in accordance with City policies. This policy does not
supersede any state or federal laws, or any other City policies regarding confidentiality,
information dissemination, or standards of conduct.
General Use
• Employees should have no expectation of privacy with regard to the use of
city - supplied digital resources. Management has the ability and right to review
any employee usage of these digital resources.
• Employees should be aware that when sending an email message, it is the
property of the City and therefore the taxpayers of the City. Thus, email is
subject to the requirements of the Texas Public Information Act and the laws
applicable to State records retention.
• All email messages sent by employees must contain a signature line identifying
the sender.
• Employees should be aware that when sending an email message of a personal
nature, there is always the danger of the employee's words being interpreted
as official City policy or opinion and should use caution in their wording.
• Personal Use - Generally, email should be used only for legitimate City
business; however, brief and occasional email messages of a personal nature
may be sent and received.
• Confidential Information -Texas law requires that employees protect the
integrity of the City's confidential information as well as the confidentiality of
others. Employees must exercise a greater degree of caution in transmitting
confidential information through email systems than with other
communications means because of the reduced effort required to redistribute
such information.
24
The Texas Public Information Act is complex and digital information used by employees
during the course of their duties may by subject to this act. Questions about what
information is covered by this act should be forwarded to the City Secretary and / or the
City Attorney. Employees are responsible for complying with this act.
Licensed Software. It is the City's policy that only fully licensed software purchased and
installed by the City IT Department shall be used by City employees for City business.
Licensed means the City has purchased the number of software licenses required for the
number of users, as specified by the manufacturer.
• The City Information Technology Department will keep a catalog of all licenses,
purchase documentation, and any forms that prove the City's software was
properly purchased.
• Licensed software is protected by federal copyright law. Under the provisions of
copyright law, it is illegal to make a copy of software for any reason, other than as
a backup, without the permission of the copyright holder.
2.3.7 Workplace Monitoring
In addition to the policies described in the preceding Section of this handbook, the City
reserves the right to search City vehicles and employee work areas such as toolboxes,
desks, lockers, etc., on City premises. Desks, lockers, and other storage devices may be
provided for the convenience of employees but remain the sole property of City. Refusal
to immediately submit to a search by management officials or their agent or refusal to
cooperate in such a search may result in disciplinary action, up to and including
termination.
As stated in the preceding Section of this handbook, the City has the right to monitor and
access data created or stored on its systems and equipment. The City's personnel should
have no expectation of privacy with respect to documents, voice mail messages, e -mail
messages, or any other data or information stored on the City's systems or equipment.
By using the City's computer system, telephones, or voice mail system, employees will be
deemed to have consented to the City's review of any data or information transmitted or
stored on its systems or equipment.
Although the City has broad rights to monitor as outlined in this policy and policy 2.3.6,
unless expressly authorized in writing by the City Manager or an assistant City Manager
(or for Police employees unless in furtherance of an authorized investigation), employees
may not tape record (video or audio) any conversation they have with other City
employees unless specifically authorized in writing by the other parties to the
conversation. Nothing in this paragraph shall limit the City's right to monitor telephone
calls, e-mail messages and the like as specifically set for in policies 2.3.6 and 2.3.7.
25
In order to promote the safety of employees and visitors, as well as the security of its
facilities, the City may conduct video and audio surveillance of any portion of its premises
at any time, the only exception being private areas of restrooms, showers, and dressing
rooms. Video cameras will be positioned in visible, appropriate places within and around
City buildings and used in order to help promote the safety and security of people and
property.
2.3.8 Workplace Security
Visitors. All visitors to City buildings must be escorted by a City employee at all times. At
no time will a City employee open a secured door for an unknown person and allow them
to enter the building unattended. Employees will make every attempt to identify all
persons entering and occupying the secure areas of City buildings.
City facilities are equipped with Visitor Badges and sign -in sheets. These badges are to be
assigned to vendors and others who have come to the City to conduct business. At the
end of the visit, the visitor badge will immediately be returned to the place where the
badge was issued.
For purposes of this policy, individuals performing contracted custodial services are not
considered visitors. The only exception to this policy is established vendors who regularly
provide service, whom are appropriately registered with the City and have been issued a
valid City ID badge. These vendors must comply with City policies regrading security,
access, behavior, etc.
Employee Identification Badges. Every employee of the City will be issued a City of
Schertz Employee Identification (ID) Badge. In the course and scope of performing their
duties, all employees will wear their City ID Badge where it is visible, except in cases where
the presence of an ID badge would hinder the employee's ability to effective perform
their job.
Some departments are authorized to create an employee badge unique to that
department. For the purposes of this policy, the unique department badge is considered
a City of Schertz Employee Identification (ID) Badge.
2.3.9 Outside Employment and Conflict of Interest
Employees may engage in outside employment only with prior written approval from
their Department Head. Approval of outside employment will occur only for employment
that does not constitute a conflict of interest, adversely affect the employee's job
performance with the City, or reflect unfavorably upon the City. With the exception of
part -time, temporary or seasonal employees, the City of Schertz is the primary employer.
Authorization to engage in outside employment will be documented in the employee's
26
Human Resources file. All employees will be required to resubmit a new request at the
beginning of each fiscal year. Failure to report outside employment to the City may result
in disciplinary action, up to and including termination.
Approval for outside employment as set out in this policy does not authorize an employee
on FMLA leave, sick leave, disability leave, workers' compensation leave, administrative
leave, or an unpaid leave of absence or on modified / light duty to engage in any outside
employment. Any exceptions must be expressly authorized in writing by the City Manager
or their designee.
2.3.10 Abandoned Property
If, while on the job, a City employee locates, obtains, or otherwise comes into possession
of any property of any kind of more than minimal value, including but not limited to
animals or goods, where such property is or appears to be abandoned or unclaimed or
the owner is undeterminable, such property should be turned over to the Police
Department for the purpose of disposition in accordance with City policy and /or
ordinances.
2.3.11 Smoking and Tobacco Products
The use of all tobacco products, including electronic cigarettes and smokeless tobacco, is
prohibited at any time in City buildings, City vehicles or while using City equipment.
Employees shall only smoke or use tobacco products in designated areas upon City -
owned property or off property during permitted rest and lunch breaks. Designated
smoking and tobacco use areas shall be kept clean and tobacco materials discarded
appropriately. Employees shall refrain from smoking or using tobacco products when
dealing with or meeting with members of the public regardless of whether such meeting
or dealing is on or off City -owned property.
2.3.12 Political Activity
Employees of the City are encouraged to vote and to exercise other prerogatives of
citizenship consistent with local, state and federal law and these policies; though,
engaging in any political activity, other than voting, while on the job is strictly prohibited
(this includes use of City equipment or property in support of a political activity). City
employees are not required to contribute to any political fund or render any political
service to any person or party whatsoever, and no employee may be removed, reduced
in classification or pay, or otherwise prejudiced by refusing to do so. These restrictions
apply to any election or political matter, whether Local, State or Federal.
`AFA
2.3.13 Interaction with City Council
Council /Staff interaction is anticipated during the normal course of City business and /or
in social situations. An employee should not generally discuss City business operations or
individual personnel matters with members of City Council without knowledge or consent
by the Department Head and City Manager. If a member of City Council contacts an
employee with a request for information, the employee should coordinate a response
through their Department Head.
The City does not prohibit or discourage any employee from exercising their rights as a
citizen to speak to a member of City Council on subjects of legitimate public interest and
concern.
2.3.14 Photographs
In the course of employment, employees may be required to take pictures related to their
job function. Pictures taken in such circumstances are City documents subject to the Texas
Public Information Act, which applies to the maintenance, release, distribution, and
required or permissible restrictions on the maintenance, release, or distribution of public
information.
2.3.15 Departmental Policies
Each Department Head, with the approval of the Director of Human Resources, may
develop and implement supplemental policies and procedures in addition to the
personnel policies contained within the Employee Handbook as long as they are not in
conflict with these City -wide policies. All such departmental policies may be more
restrictive, but not less restrictive than City policy. In the event of any conflict or
incompatibility between departmental policies and the City's personnel policies, the City's
personnel policies shall prevail. Copies of departmental policies shall be on file in Human
Resources and distributed to all affected employees. It is the responsibility of the issuing
department to distribute the policy to affected employees and enforce the policy.
28
2.4 Drug Free Workplace
General Policy. The City is committed to providing an alcohol and drug -free, healthy,
productive and safe workplace. To promote this goal, employees are required to report
to work in appropriate mental and physical condition to perform their jobs in a
satisfactory and safe manner.
Prohibition against Alcohol and Illegal and Unauthorized Drugs. While on City premises,
while on duty, while conducting city - related business or other activities off premises,
while driving a city -owned or leased vehicle, or while operating or using other city -owned
or leased property or equipment, no employee may use, possess, distribute, sell, or be
under the influence of alcohol (except under the limited circumstances described below),
inhalants, illegal drugs, including drugs which are legally obtainable but which were not
legally obtained, and prescribed or over - the - counter drugs which are not being used as
prescribed or as intended by the manufacturer.
This section does not apply to employees attending a private function outside of work
hours in a City building (i.e wedding reception held in the Civic Center) or community
events hosted by the City at City Facilities (i.e. Jubilee).
Prohibition against Illegal and Unauthorized Drug - Related Paraphernalia. This policy
also prohibits the use, possession, distribution and sale of drug - related paraphernalia
while on city premises, while on duty, while conducting city - related business or other
activities off premises, while driving a city -owned or leased vehicle, or while operating or
using other city -owned or leased property or equipment. Drug - related paraphernalia
includes material and /or equipment designed for use in testing, packaging, storing,
injecting, ingesting, inhaling or otherwise introducing illegal or unauthorized drugs into
the body.
Permissive Use of Prescribed and Over - The - Counter Drugs. The legal use of prescribed
and over - the - counter drugs are permitted while on city premises, while on duty, while
conducting city - related business or other activities off premises, while driving a city -
owned or leased vehicle, or while operating or using other city -owned or leased property
or equipment only if it does not impair an employee's ability to perform the essential
functions of the job (or operate the vehicle, property or other equipment) effectively and
in a safe manner that does not endanger the employee, citizens or other individuals in
the workplace.
0
Police Department Employees. Certain Police Department employees may be required
to be in possession of alcohol and /or illegal drugs in carrying out their job duties. Such
employees are exempt from Sections 2.4.2 and 2.4.3 as it pertains to the execution of
their job duties. Additional guidelines may be established by Police Department operating
procedures.
Mandatory Disclosure by Employees. Employees taking prescription medication and /or
over - the - counter medication shall report such use to either their Department Head if
there is a reasonable likelihood the medication will impair the employee's ability to
perform the essential functions of their job (or operate a vehicle, property or other
equipment, if applicable) effectively and in a safe manner that does not endanger the
employee, citizens or other individuals in the workplace. The City may, at its discretion,
require any employee to refrain from working while under the influence of any drug or
medication or require any such employee to obtain written authorization from a
physician.
On -Call Employees. Employees scheduled to be on call are expected to be fit for duty
upon reporting to work. Any employee scheduled to be on call, and who is called out, is
governed by this policy. On occasion, an employee who is not scheduled to be on call may
nevertheless be called out. If this situation occurs where the employee called out is under
the influence of alcohol or has a presence of drugs in the system, such that reporting to
work would result in a violation of this policy, the employee must so advise the
appropriate supervisor on duty. The employee will not be required to report to work.
Mandatory Reporting of Arrests and Convictions. Employees must promptly notify their
immediate supervisor and Department Head of any alcohol or drug - related arrest and /or
convictions or deferred adjudication.
Rehabilitation /Treatment. It is the City's desire to assist employees who voluntarily
request assistance with alcohol or drug dependency. For City support and assistance,
however, an employee must acknowledge the problem, seek and accept counseling
and /or rehabilitation before it impairs job performance and /or jeopardizes the
employee's employment. No employee with alcohol or drug dependency will be subject
to disciplinary action based solely on a request for help in overcoming that dependency
or because of active participation in a rehabilitation program.
Eli
Drug and Alcohol Testing
Testing of Applicants. All applicants to whom a conditional offer of employment has been
made will be required to submit to testing for alcohol and illegal and unauthorized drugs.
A positive test result, refusal to test, or attempts to alter or tamper with a sample or any
other part of the test, will render the applicant ineligible for consideration of
employment.
Testing of Employees. Employees may be tested for alcohol and /or illegal and
unauthorized drugs for the following:
After a workplace or •' or
• . When reasonable suspicion
c. In connection with any required treatment or rehabilitation; or
d. random basis for certain safety - sensitive positions (Refer to Section 2.4.10.3
below).
Tests will be paid for by the City. To the extent possible, testing will normally be done
during the employee's normal work time.
Any employee who refuses to be tested, or who attempts to alter or tamper with a
sample or any other part of the testing process, will be subject to corrective action up to
and including termination.
A positive test result is a violation of this policy and may result in corrective action up to
and including termination of employment.
Random Drug Testing. The City may randomly test employees in safety sensitive positions
for compliance with its drug -free workplace policy. As used in this policy, "random
testing" means a method of selection of employees for testing, performed by an outside
third party. The selection will result in an equal probability that any employee from a
group of employees will be tested. The City has no discretion to waive the selection of an
employee selected by this random selection method.
31
For purposes of this policy, safety- sensitive positions are defined as those where
associated job duties involve life safety functions, those with direct contact with or access
to controlled substances, or those persons who carry or handle firearms. Positions which
qualify as safety sensitive are explicitly notated as such in the job description.
Testing Procedures. All testing must normally be authorized in advance by both the
employee's supervisor and the Director of Human Resources or their designee. For
reasonable suspicion testing, testing may not be authorized without the supervisor's
documentation of the articulable factors which led the supervisor to suspect that the
employee is under the influence of illegal or unauthorized drugs or alcohol. Testing should
be arranged as soon as possible after the supervisor's articulable observations.
If an employee's conduct resulted in a work place accident, injury or "near miss," or
reasonable suspicion exists to believe that the employee has violated this policy, the
employee shall be provided with transportation to the testing facility. A supervisor or
other designated City representative may be required to stay with the employee during
the testing process. The City may, in its discretion, reassign the employee or put the
employee on administrative leave with pay until the test results are received. The City
shall make arrangements to have the employee transported home after the testing if
necessary.
All substance abuse testing shall be performed by an approved laboratory or healthcare
provider chosen by the City. Testing may include one or more of the following: urinalysis,
breathalyzer, blood, or other generally- accepted testing procedure. All positive test
results shall be subject to confirmation testing.
The use of "Cannabidiol" (CBD) products is not a legitimate medical explanation for a
laboratory- confirmed marijuana positive result. Similarly, returning from a location where
marijuana use is legal is not a defense for a laboratory- confirmed positive result.
Test results shall be maintained in a confidential file separate and apart from the
employee's personnel file. Any medical - related information will be confidential and
accessible only by Human Resources; supervisors and managers on a need -to -know basis.
32
2.5 Firearms and Weapons
The City of Schertz prohibits the possession of any weapon, including but not limited to
handguns, by any employee in City buildings, and in any city owned /leased vehicle.
Employees are prohibited from carrying a weapon while performing City - related business.
Employees who are licensed to carry and lawfully possess a firearm and /or ammunition
in accordance with Chapter 411 of the Texas Government Code, may leave such
firearm /ammunition in their locked, privately owned vehicle in the parking lot the City
provides for employees. It shall be stored out of sight. Additionally, if an employee
chooses to store a firearm or ammunition that is legal to carry without a permit in their
personal vehicle, it shall be stored out of sight and the vehicle must be locked.
Weapons, according to the Texas Penal Code Sec. 46.01, are considered clubs, explosive
weapons, firearms, firearm silencers, handguns, illegal knives, knives, knuckles, machine
guns, short barrel firearms, switch blade knives, armor piercing ammunition, hoax bombs,
chemical dispensing devices, zip guns and tire deflation devices.
Employees may carry a pocket knife or folding belt knife in their pocket or on their belt
that is not deemed as a weapon and has a blade less than 3.5 inches long. Employees may
carry a small chemical dispenser (mace) sold commercially for personal protection as long
as it not openly displayed.
Exceptions
A peace officer who is required to carry a firearm /ammunition in the scope of
employment is exempt from this policy.
Judges appointed to the Schertz Municipal Court and employed or contracted City
attorneys who are licensed to carry a handgun under Chapter 411 of the Texas
Government Code are permitted to carry firearms in the courtroom and other City
facilities.
2.6 Vehicle and Equipment Usage
Each employee operating a City vehicle while in the course and scope of assigned work
duties, shall operate that vehicle in a safe and responsible manner. Vehicles shall be
operated in accordance with all the applicable laws of the State of Texas and the City of
Schertz and with the current and valid license required for the lawful operation of the
vehicle in use. The City defines City Vehicles as any passenger car, truck or motorized
equipment owned or leased by the City of Schertz including, but not limited to golf carts,
gators, backhoes, mowers, tractors, graders, trailers and similar equipment.
Any violation of this policy may result in disciplinary action in accordance with the City
Disciplinary Policy.
33
Operating Rules for City Vehicles.
A. City vehicles are to be used for official city business or in compliance with the Take
Home Vehicle section below. They may be driven only by authorized employees
unless otherwise approved by a supervisor. All employees using a city vehicle must
possess a valid Texas operator's license appropriate for the class of vehicle being
operated. Operators of city vehicles must comply with all state and local traffic laws
to include but not limited to speed, use of turn signals, proper distancing and parking.
B. Drivers shall position the vehicle to allow for driving forward rather than backing out
of a space or other areas. If a vehicle cannot be positioned so it can drive forward
into and out of a parked space or area, then the driver shall use a qualified spotter
(when available) to assist in backing out safely. Agree on signals before starting and
keep the spotter in sight. Stop if you lose sight of your spotter.
C. All employees will park city vehicles in a legal manner except when emergency
situations dictate otherwise.
D. No city vehicle will be placed in motion until all passengers have fastened all available
seat restraints, such as seat belts and shoulder harnesses.
E. All drivers of city vehicles shall see that fuel, engine oil, transmission, brake and
power steering fluid is added when necessary.
F. Employees may be held liable for damage to City vehicles and equipment and be
required to make full restitution to the City for repair costs in cases of vehicle abuse
or neglect after appropriate investigation and determination of responsibility by an
accident review board and approval by the City Manager. Vehicle abuse shall include,
but not be limited to, damage due to careless acts, continuing to operate a vehicle
when instruments or warning lights indicate malfunctions, overloading a vehicle or
using it for purposes other than those for which it was designed, or reckless driving.
G. All damage to a city vehicle must be reported immediately to the driver's supervisor,
Fleet Services, and the Purchasing and Asset Management Department.
1. An Accident /Incident Report Form must be completed and submitted to
Purchasing and Asset Management
2. A work order must be submitted to Fleet Services to have the vehicle inspected
and cleared for service.
H. An operator of a motor vehicle is expressly prohibited from the use of a handheld
mobile communication device (other than Public Safety Communication Systems) or
other portable electronic device to engage in a call, send, read or write a text
34
message, view or send photos or written text or any other use of the device while
operating the motor vehicle. The following exceptions are authorized;
1. If the operator is utilizing the device in a hands -free method that requires no
manual manipulation other than to engage or disengage.
2. If the vehicle is legally parked. This does not include or mean a vehicle stopped
in a lane of traffic due to traffic control device, roadway conditions, traffic
congestion, etc.
3. An emergency situation.
I. No other radio, stereo or other device utilizing earphones may be worn by any driver
while operating a city vehicle, with the exception of blue tooth technology used for
communication and hands -free use of cell phones. Vehicle operators will maintain
and monitor appropriate radio contact whenever the vehicles are being used.
J. Consumption of alcoholic beverages and /or use of tobacco products in a city vehicle
is prohibited. No alcoholic beverages shall be allowed in any city vehicle unless it is
in the scope of the employee's duties or responsibilities.
K. All employees using a city vehicle are responsible for keeping the interior and exterior
of the vehicle clean and presentable.
L. No stickers of any kind will be placed anywhere on or in a city vehicle unless
authorized by the department head and Fleet Services
M. No one shall modify, remove, de- activate, or otherwise tamper with the vehicle
safety belts, emission control device, alarm system or any part of the vehicle which
affects its operation.
N. A golf cart, neighborhood electric vehicle, or off - highway vehicle that is operated at
a speed of not more than 25 miles per hour is required to display a slow- moving
vehicle emblem when operated on a roadway.
Disabled Vehicle.
A. Employees placing a city vehicle out of service shall park the vehicle in the
appropriate place and complete a repair notice. This notice shall be submitted to the
designated Supervisor and Fleet Services.
B. Any employee operating a city vehicle that becomes disabled will notify Fleet
Services and the designated supervisor of the situation and remain with the vehicle
until a wrecker removes it or is relieved by appropriate authority.
35
City Insurance.
A. Employees shall be insured by the City of Schertz for liability arising from the
operation and use of motor vehicles owned or leased by the city, provided such
operation and use is within the course and scope of the employee's position with the
city.
B. Proof of financial responsibility notices are typically issued to each city owned or
leased vehicle annually. It is the responsibility of the assigned employee to assure
such current, unexpired notice is located within the assigned vehicle.
Preventative Maintenance Checks.
A. All city vehicles will receive regular preventative maintenance service. These will be
done on a scheduled basis. Advance notice of each maintenance service will be
provided by the designated authority, the department assigned that vehicle will be
responsible for keeping the appointment.
B. If the vehicle is an assigned take -home vehicle and the scheduled maintenance
service cannot be kept, one rescheduling will be allowed. If the rescheduled
maintenance service appointment is not kept take -home privileges may be
suspended or terminated and the vehicle reassigned.
Assigned Take Home Vehicle.
A. An assigned take -home is a privilege, not a right. There are benefits to the
Community, City government, Department and the most obvious are to the
employee. Any abuse or perceived abuse of the vehicle or in its use may be grounds
for suspension or termination of take -home privileges.
B. Assignment of take -home vehicles requires approval by the Department Head.
C. Vehicle assignments shall not be made to those that reside outside the maximum
limits listed here:
1. Marked vehicles within twenty (20) driving miles of the city limits.
2. The Department Head may authorize a take -home vehicle outside of these
guidelines should the necessity of the assignment clearly warrant it.
3. The Department Head may authorize a temporary take -home vehicle
assignment if the benefits to the City warrant. An example would include an
employee attending training outside the city where a vehicle would normally be
approved; and, the location of the training is in a direction away from the City
of Schertz from the employee's residence. In such case it is a cost savings to the
city if the employee drove directly from the residence.
36
D. Any employee assigned a take -home vehicle is responsible for preserving the safety
of the vehicle at all times. Those that reside at a location with shared parking
(apartments, town homes, etc) shall park the vehicle in the Departments designated
parking lot when they will be away from their residence for periods of three days or
more.
E. Any employee assigned a take -home vehicle will ensure that required maintenance
is performed. Neither Fleet Services nor the Department will be responsible for any
items left in a vehicle for service.
F. Employees may utilize their assigned take home vehicle to transport family members
or other civilian personnel for brief personal errands; such as to pick -up /drop -off
family members from work, school, or medical appointments. Assigned take -home
vehicles shall not be utilized for vacation trips or in performance of extra-
employment without the express written consent of the Department Head.
Vehicle Operation Requirements.
A. To operate any City vehicle, or any other motor vehicle in the course of City business,
an employee must
1. Have a valid Texas Operator's License for the class of vehicle to be drive.
2. Have a record of no more than three (3) moving violations and / or chargeable
accidents within a twenty -four (24) month period.
3. Have no record of DWI or DUI convictions in the proceeding twenty -four (24)
month period
4. Receive training on vehicle prior to use.
5. Be at least eighteen (18) years old; and
6. Be otherwise qualified under federal and state regulations to drive the vehicle.
7. If a question arises regarding driving ability, comply with the requirements
outlined.
B. Driving records of employees who operate motor vehicles in the course of City
business may be examined to determine if employee has an acceptable driving
record. An Acceptable Driving Record shall be defined as having no more than ten
(10) points on their driving record (obtained through a State issued MVR) within a
twenty -four (24) month period. Points are assigned by the State of Texas Department
of Public Safety
37
C. Driver Training: Supervisors shall arrange for employees who drive a city vehicle or
their own vehicles to conduct City related travel /work to attend a Defensive Driving
Course (no less than once annually). Additionally, supervisors may require drivers
who demonstrate questionable driving capabilities, habits or are involved in a
preventable accident to attend driver training more often.
D. Citations: Employees are responsible for paying any fines for violation(s) out of the
employee's personal funds for traffic citations received while operating a City
vehicle. Employees who operate motor vehicles in the course and scope of their
employment must notify their supervisor: When their driver's license becomes
invalid or suspended for any reason. Such employees will immediately be prohibited
from operating any vehicles on City business.
E. Employees who operate motor vehicles in the course and scope of their employment
must notify their supervisor:
1. When their driver's license becomes invalid or suspended for any reason. Such
employees will immediately be prohibited from operating any vehicles on City
business.
2. Immediately during regular working hours (or by the next working day if after
hours) when any ticket or citation for any moving violation of state law or a local
ordinance is received while on duty. This notice must be in writing and include:
a. Driver's full name and license number;
b. Date of the incident;
c. Nature of the violation;
d. Whether or not the violation was committed in a commercial vehicle;
e. Location of the offense; and
e. Agency issuing citation.
F. An employee shall operate any vehicle used for City business in a careful and prudent
manner and shall obey the laws, policies, regulations, and procedures of the state,
City, and any political subdivision pertaining to such operation. An employee's
operation of a vehicle shall, at all times, set a proper example for other persons.
Motor Pool Vehicles.
City owned Motor Pool vehicles are to be used for the purposes of travel for City of
Schertz official business.
38
Eligibility. City Employees may request the use of a Motor Pool vehicle for the following:
1. Attending meetings, conferences, or other City Authorized Business on behalf
of the City.
2. When an assigned City vehicle will be out of service for a period of four (4)
hours or longer and another department vehicle is not available for use
3. Special Projects
Reservations.
1. Motor Pool vehicles must be scheduled forty -eight (48) hours in advance with
a Motor Pool Vehicle Request Form including required signatures. (See
Appendix A)
2. Requests for use of a Motor Pool vehicle exceeding three (3) business days
will require justification.
Motor Pool Vehicle Operation.
1. All Motor Pool vehicles must be inspected prior to leaving Fleet area and will
be inspected upon return.
2. City of Schertz Motor Pool vehicles must be returned clean and with a full
tank of fuel. (BeeClean Wash Card will be provided with Motor Pool packet).
3. City owned Motor Pool vehicles being used as a replacement for department
vehicle requiring service and /or repair must be returned within twenty -four
(24) hours of notice of the completion of service /repair to department
vehicle.
4. Motor Pool vehicle shall be returned no later than the return date listed on
the request form. If additional time is needed for usage of Motor Pool vehicle
contact Fleet Crew Supervisor "primary" or Fleet Administrative Assistant
"secondary" to request additional time. Note: Additional time will be granted
based on availability.
Violations of this policy may cause denial or permanent suspension of Motor Pool vehicle
usage.
0
2.7 Safety
The City is committed to a safe workplace and employee well- being. To prevent or
minimize injuries to themselves and their co- workers, and to protect and conserve City
equipment, employees shall:
• Obey all safety rules and follow published work instructions;
• Remain alert, exercise caution in all work activities, and refrain from any
activity which may create unsafe work conditions;
• Report all unsafe conditions to the supervisor and the City's Risk
Management department;
• Keep work areas clean and orderly at all times;
• Report all accidents immediately to the supervisor; and
• Operate only machines or equipment that they have been authorized to
operate.
• Notify their supervisor if they are unable to perform their duties safely due to
illness or other disabilities, and request any accommodation that may allow
the employee to safely perform their duties without undue hardship to the
City (where applicable).
Supervisors are responsible for ensuring that all employees under their control have been
appropriately briefed and trained on City and department safety procedures. Training will
include review of applicable Safety Data Sheets (SDS) and hands -on equipment training.
Accident and Injury Reporting. Employees are required to immediately report to their
immediate supervisor all accidents resulting in personal injury and /or damage to the City
equipment, City vehicles, or any other property. Supervisors must report all accidents
resulting in personal injury and /or damage to the City equipment, City vehicles, or any
other property to the Department Head and Risk Management.
END OF PART II
40
SECTION III
I#agIi•IIi•[ciluk, I 111ml4im
3.1 Job Orientation and Training
Employees should receive an appropriate orientation when they begin working for the
City. The employee's supervisor or designee will provide them with the necessary
information to understand their job, its relationship to the overall structure and function
of the City government, and the personnel policies of the City. On- the -job training for
newly hired, promoted or transferred employees is the responsibility of the supervisor or
designee.
3.2 Probationary Period
The following employees are required to serve a probationary period: (i) new employees;
(ii) employees promoted, transferred, or demoted; and (iii) employees with performance
issues placed on a Performance Improvement Plan (PIP). All employees must be assessed
during this probationary period and given timely progress feedback. Any problems with
employee performance or conduct should be recorded and communicated to the
employee on a regular basis.
Probationary Evaluations for New Hires, Promoted or Transferred Employees. All new
hires, promoted, or transferred employees shall be subject to a six (6) - month
probationary period. However, the probationary period may be extended up to three (3)
months at the discretion of the Department Head upon consultation with the Human
Resources Director. With regard to employees who report directly to the City Manager,
the probationary period may be extended up to three (3) months at the discretion of the
City Manager.
While a new employee is serving their probationary period, the supervisor or designee
will observe the employee's work and will train and mentor the new employee in their
position. An employee performance evaluation shall be conducted at 30 days, 90 days
and upon the conclusion of an employee's six (6) - month probationary period. Upon
successful completion of the probation period, the employee shall be classified as a
regular employee.
Employees who have their probationary period extended are required to be placed on a
Performance Improvement Plan in accordance with the City's Discipline Policy. Upon
conclusion of the PIP, the supervisor or designee shall evaluate the employee and make
a recommendation regarding continued employment.
Gs
Additional Considerations for Promoted and Transferred Employees. Employees who
are required to transfer to similar positions with an equal pay grade at no fault of their
own will not be required to serve probation in their new positions. Employees who
voluntarily transfer to another position, regardless of position type or pay, shall be
required to serve a six (6) month probationary period.
Before the probationary period concludes, a current employee may transfer or demote
to another position and /or another department if the employee is not satisfied with the
new position or cannot meet the demands of the new position. The employee may
request in writing a voluntary demotion or transfer to their former position or another
position for which they may be qualified before the probationary period concludes,
provided the employee's former position or position in question is vacant, the employee
meets the qualifications for the position, and the affected Department Heads and the
Human Resources Department approve the transfer or voluntary demotion (see rules for
voluntary demotion under the City's Discipline Policy).
Regular part -time employees who work on average twenty (20) hours per week and are
promoted to an equivalent full -time position will not be required to serve an additional
probationary period. If the employee has not completed their probationary period when
moved to the equivalent full -time position, the employee will complete the remainder of
their probationary period in their new full -time position. Promotion of a part -time
employee to an equivalent full -time position will not impact the employee's merit
eligibility.
Probationary Evaluations for Demotions. Supervisors shall meet with employees who
have been demoted or who have voluntarily demoted to another position to develop a
performance plan with corresponding goals and performance expectations within the
first thirty (30) days of the effective demotion.
All demoted employees shall be subject to a six (6) - month probationary period. However,
the probationary period may be extended up to three (3) months at the discretion of the
Department Head upon consultation with the Human Resources Director. With regard to
employees who report directly to the City Manager, the probationary period may be
extended up to three (3) months at the discretion of the City Manager.
While a new employee is serving their probationary period, the supervisor or designee
will observe the employee's work and will train and mentor the new employee in their
position. An employee performance evaluation shall be conducted at 30 days, 90 days
and upon the conclusion of an employee's six (6) - month probationary period. Upon
successful completion of the probation period, the employee shall be classified as a
regular employee.
rya
Probationary Evaluations for Performance Reasons. Chronic performance or behavioral
issues may result in an employee being placed on probation. Employees who are placed
on probation for performance of behavioral issues shall be evaluated in accordance with
the City's Discipline Policy.
Termination During the Probationary Period. Subject to the "at- will" employment laws
of the State of Texas, an employee in a probationary status may be dismissed at the
discretion of the supervisor or designee, if it is determined that the employee is not
suited for the job and provided there is prior review by Human Resources , and the
termination does not violate the federal, state, or local law (see proper procedures for
termination under the City's Discipline Policy). It is the responsibility of supervisors to
document failure of an employee to successfully complete their probation. When there
is no serious misconduct (as defined in the City's Discipline Policy), employees may be
permitted to resign.
Leave for Probationary Employees. Employees serving their initial (new hire)
probationary period accrue vacation leave and sick leave beginning on the first day of
employment. Permitting vacation leave during probation will be at the discretion of the
Department Head or as pre- approved at the time of hire. During the initial probationary
period, a new employee is eligible to use accrued sick leave for qualifying absences.
Promoted, transferred or demoted employees, or employees on probation for
performance reasons are eligible to use accrued vacation and sick leave in accordance
with the City's Leave Policy.
Complaint Procedures During the Initial Probationary Period. Newly hired probationary
employees may not utilize or access the City's complaint procedure and are subject to
discharge without recourse except on grounds of illegal discrimination and /or illegal
activity (refer to special provisions under the City's Disciplinary Policy).
3.3 Travel. Trainine & Conference Procedures
Travel Advances. Requests for travel expense advances should be made on forms
required by the Finance Department, and Department Head must forward the employee's
request to the Assistant City Manager for consideration.
Per Diem Allowance. All employees will receive per diem instead of using their City credit
card for meals unless otherwise approved by Management. Per Diem can be requested
before or after a trip to pay for the employee's meals and incidental expenses only.
Incidental expenses are for tips given to porters, baggage carriers, bellhops, and hotel
maids.
43
a. For overnight travel (greater than 50 miles) the employee will use the GSA
website (www.gsa.gov) to calculate the allowed per diem amount.
i. Travel days, usually the first and last day, will be calculated at 75%
of the full day rate.
ii. Meals purchased by the City through registration fees, hotel room
fees, or directly purchased will be backed out of the per diem
request. Continental breakfasts do not count against per diem and
will not be deducted.
b. For local area travel the employee will use the gsa website to calculate the
allowed per diem amount.
i. The per diem amount will be based on the meals missed due to
travel. If lunch is missed due to a local seminar then the employee
will be eligible for the lunch rate.
c. Unused per diem does not need to be returned unless the City ends up
paying for a meal after per diem is given.
Special circumstances may be handled on a case by case basis by City Management.
Transportation. Where air travel is necessary, employees shall book as early in advance
as possible using a City credit card. If possible, employees will travel in "coach class" flight
status. First -class or business -class flight passage is allowed only in instances where the
first -class or business -class travel serves the best interest of the City, as approved by the
City Manager. Early check in or other reward perks are a personal expense, not
reimbursable by the City. The City will pay for one checked baggage fee. When automobile
is the chosen mode of transportation for travel, City -owned vehicles are to be used if
available. If a City vehicle is not available or there are special circumstances, the traveler
may make a request to their Assistant City Manager to use their personal vehicle and
submit for mileage reimbursement. Mileage reimbursement will be calculated from the
City Municipal Offices to the destination and back at the effective federal reimbursement
rate. If the event requires the employee to pay for parking, this expense should be put on
a City credit card. If a credit card is not available, the employee will be reimbursed the
expense with a receipt.
Registration Fees. Conference and /or training registration fees will be paid in full by the
City in addition to per diem allowance.
Car Rental. If a car is rented while an employee is traveling, it must be the most practical
means of transportation available.
Procedures for Reimbursement. In order to receive reimbursement for incurred
expenses, the employee should submit the forms required by the Finance Department
44
with all required receipts or vouchers to verify all expenses for which the employee seeks
reimbursement. All forms shall be routed from the employee to their Department head
who will route the forms for appropriate approval.
Compensable Work Time. Compensable work time will be determined in accordance with
the Fair Labor Standards Act (FLSA).
3.4 Tuition Reimbursement
The City has a tuition reimbursement program for its full -time employees. To be eligible
for this reimbursement, the education or training must be for work - related professional
development and be of benefit or potential benefit to the City, as determined by the City.
The total amount of funds available for this benefit are an annually budgeted amount
approved by City Council. The amount of reimbursement available per employee per
fiscal year is determined in each fiscal year budget, and the scheduling of available
reimbursement will be determined on a first -come first - served basis. Notice by an
employee that they are pursuing training or education is in no way a promise that the City
will reimburse the employee for the cost of that training or education. Reimbursements
may be available only upon completion of the training or education course and paid in
the fiscal year for which the course was completed. The employee must provide copies
of receipts and provide a certificate evidencing course completion. If the course is graded,
the grade must be a B or Satisfactory, or better. Employees should notify Human
Resources as soon as possible following course completion to apply for this benefit.
• • TI
45
SECTION IV
4.1 Pay Policy and Procedures
The City seeks to maintain a compensation and salary administration system which is
internally equitable and externally competitive. All City positions are reviewed as part of
the City's compensation program and are assigned a service grade and salary range in
accordance with the City's authorized Pay Table.
All employees are paid on a biweekly basis, every other Friday. If a regular Friday payday
falls on a City holiday, the last working day prior to the holiday will be payday.
4.1.1 Fair Labor Standards Act (FLSA)
The FLSA regulates employee wages and hours in the following areas:
• Minimum Wage
• Child Labor
• Equal Pay
• Record Keeping
• Overtime Pay
Minimum Wage. The federal minimum wage provisions are contained in the FLSA. Many
states also have minimum wage laws. In cases where an employee is subject to both the
state and federal minimum wage laws, the employee is entitled to the higher of the two
minimum wages.
Child Labor. The federal child labor provisions, also known as the child labor laws, were
enacted to ensure that when young people work, the work is safe and does not jeopardize
their health, well -being or educational opportunities. The FLSA imposes certain
restrictions on the employment of minors younger than 18 years of age.
Equal Pay. No employer subject to the Equal Pay Act can discriminate between employees
on the basis of gender by paying wages "at a rate less than the rate at which he pays
wages to employees of the opposite sex in such establishments for equal work on jobs
the performance of which require equal skill, effort, and responsibility, and which are
performed under similar working conditions," Equal Pay Act, 29 U.S.C. x 206 (d) (1).
Recordkeeping. State and Federal laws and regulations require the employer to collect
and maintain certain employee information such as name, address, occupation,
birthdate, sex, etc.
46
Overtime Pay. An employer who requires or permits an employee to work overtime is
generally required to pay the employee premium pay for such overtime work. Hourly,
non - exempt employees shall be paid overtime at a minimum of one and a half (1 %) times
their regular rate of pay for all hours actually worked over forty (40) in a single workweek.
Thus, in calculating how many hours a non - exempt employee actually works in a week,
the City will not count the paid vacation, holiday, comp time, or sick time towards the
forty (40) -hour workweek. In accordance with the FLSA, the City is not obligated to pay
overtime for employees to work on weekends, nights, holidays unless overtime hours are
worked on such days.
4.1.2 Employee Classifications
The City maintains standard definitions of employment status and classifies employees
for purposes of benefits, salary administration, and related payroll transactions. All
employees in this policy are subject to all work rules within the employee handbook. This
policy does not, in any way, establish a contractual agreement for employment between
the City and the employee.
At -Will. Employment may be terminated with or without cause and with or without
notice at any time by the employee or the City except as otherwise provided by law, the
City Charter, or the Employee Handbook. All categories and classifications of employees
at the City are "At- Will ".
Exempt. Any position that is classified as exempt by Fair Labor Standards Act (FLSA). This
classification is paid on a salary basis. This classification is not eligible for overtime pay
and /or compensatory time off.
Non - Exempt. Any position that is generally eligible for overtime pay and /or
compensatory time off under the specific provisions of Federal and State wage and hour
laws. This does not include positions classified as recreational exempt under the FLSA.
Regular Full -Time. Positions that are ordinarily of indefinite duration. These positions,
whether exempt or non - exempt, may be scheduled to work 8 -hour, 12 -hour or 24 -hour
shifts. Regular full -time employees are eligible for all City benefits.
Regular Part -Time. Positions that are ordinarily of indefinite duration. These positions,
whether exempt or non - exempt, are regularly scheduled for at least ten (10) hours, but
fewer than 30 hours, per workweek. Non - exempt positions within this classification are
eligible for overtime pay for hours worked in excess of forty (40) in a workweek. Regular
part -time employees are eligible for sick leave, holiday pay, bereavement leave, EAP and
merit increases.
11yA
Irregular Part -Time. Positions that are ordinarily of indefinite duration. These positions,
whether exempt or non - exempt, are scheduled only when work is available, and shall
work fewer than thirty (30) hours per workweek (130 hours per month) on average within
any given calendar year. There are no regularly scheduled hours for these positions.
Irregular part -time employees are not eligible for city benefits except possibly retirement,
depending on how many hours an employee works within any given calendar year.
Irregular part -time employees are eligible for merit increases.
Temporary. Assignments that are of a limited duration, ordinarily specified in advance. A
temporary employee may be full -time or part -time. Temporary positions are paid on an
hourly basis and may be scheduled to work up to forty (40) hours per workweek. Positions
within this classification are eligible for overtime pay for hours worked in excess of forty
(40) in a workweek. Temporary positions have no guarantee of continuous employment
from one year to another. Employees occupying recurring temporary positions are
required to re -apply for such positions every year. Temporary employees are not eligible
for city benefits except possibly retirement, depending on how many hours an employee
works within any given calendar year.
Emergency Temporary. Whenever an emergency exists that requires the service of
personnel who are not otherwise available for budgeted vacant positions, the City
Manager may immediately appoint such personnel for a period not to exceed 90 working
days without regard to normal recruitment and selection requirements. An emergency
temporary appointment shall not be used to circumvent normal employment procedures.
The employee involved shall not acquire any status or rights in the position to which
temporarily appointed.
4.1.3 Determinine Salaries
Potential Candidates. The City desires to find qualified individuals to fill positions within
the City. This may warrant offering exceptional candidates salaries greater than the
minimum rate of a service grade. The hiring manager, in collaboration with Human
Resources, provides a recommendation for a salary higher than the minimum of an
assigned service grade, which must be approved by the Assistant City Manager.
Promotions. Candidates being considered for promotion will be offered a minimum of 5%
increase in their current service grade or the minimum in the service grade assigned to
the new position, whichever is greater. The hiring manager, in collaboration with Human
Resources, provides a recommendation for a salary higher than this, which must be
approved by the Assistant City Manager.
48
Transfers. Employees who transfer will have a starting salary not less than the entry -level
salary for that position but may be less than the employee was receiving in their previous
position of employment.
The hiring manager, in collaboration with Human Resources, provides a salary
recommendation for an employee transferring from one department or position to
another, which must be approved by the Assistant City Manager.
Reclassifications. Reclassification of a position does not automatically result in an
increase pay but will not be less than the starting salary of the new grade assigned to the
position.
Criteria for Exceptions. Recommendations for salaries exceeding the minimum of the
assigned service grade will be based on one or more of the following criteria:
• A prospective candidate's qualifications, experience, or education exceed the
minimum requirements posted for the position
• The placement in the salary range of a current employee in the same position
whose qualifications, experience, or education are similar to those of the
prospective candidate
• Qualified candidates are difficult to recruit and retain
• The recommended starting salary is equitable and competitive, and will not
disrupt current internal salary relationships across the City;
Salary recommendations made by a hiring manager must be submitted in writing to an
Assistant City Manager, to include justification based on the above criteria.
Other Exceptions. For Fire and EMS employees who transfer from 24 -hour shifts to 8-
hour shifts, compensation may be determined by other means to ensure salary parity, or
at a minimum that an employee would not lose pay for moving from operations into an
equivalent administration position.
4.1.4 Overtime Pay
Non - Exempt City Personnel. Overtime compensation for non - exempt personnel will be
at the rate of one and one half (1%) times an employee's hourly (unweighted) salary. Such
compensation may be in the form of pay or, for certain positions, compensatory time off.
Overtime will be any hours worked beyond 40 hours in a given work week. All requests to
work overtime must be made in advance and approved by the Department Head.
Employees who work overtime without prior approval may be subject to disciplinary
W*
action, up and including termination. This section does not apply to non - exempt Fire
Department personnel engaged in fire suppression.
Non - Exempt Fire Department Personnel Engaged in Fire Suppression. Overtime
compensation for non - exempt Fire Department personnel engaged in fire suppression
activities will be at the rate of two (2) times an employee's hourly (unweighted) salary.
Such compensation may be in the form of pay or, for certain positions, compensatory
time off. All requests to work overtime must be made in advance and approved by the
Department Head. Employees who work overtime without prior approval may be subject
to disciplinary action, up and including termination.
4.1.5 Compensatory Time Off
Compensatory time off ( "comp time ") is paid time off that may be earned and accrued by
non - exempt employees in lieu of immediate cash payment for working overtime hours.
All regular full -time employees classified as non - exempt shall be paid at one and one -half
times their regular rate of pay, as defined under Fair Labor Standards Act (FLSA), for hours
worked in excess of their regular work week. Non - exempt employees may, however,
accrue compensatory time in lieu of overtime pay. Exempt, part -time, seasonal, and /or
temporary employees are not eligible to accrue comp time.
FLSA prohibits an employer from requiring an employee to accept comp time off for
overtime hours worked. An employer may grant comp time for overtime hours worked in
lieu of overtime pay upon employee agreement.
Accruing Comp Time. Employees must receive prior approval from their supervisor prior
to working over and beyond regular work schedules where comp time or overtime would
begin to accrue. When advance approval is not feasible due to the nature or circumstance
of the work being performed, the employee should notify their supervisor as soon as
possible, noting the amount of time worked and the reason for overtime. Non - exempt
employees who work overtime without authorization must still be paid for the time
worked, but may be subject to disciplinary action if unauthorized time continues.
Supervisors and employees should discuss whether compensation will be paid as
overtime or accrued as compensatory time before any work is scheduled by the
supervisor or performed by the employee. Again, an employer may grant comp time for
overtime hours worked in lieu of overtime pay upon employee agreement.
Comp time will accrue for employees at a rate of one and one -half (1 %) hours for every
hour worked in excess of the standard 40 -hour work week. Employees who do not work
a standard 40 -hour work week (i.e. Police, Fire, and EMS employees and who are covered
m
under 207(k) of the FLSA and applicable provisions of state law) will accrue comp time
based on FLSA standards for their work cycle.
The maximum accrual for comp time for employees is as follows:
• Employees assigned to a standard 40 -hour work week may accrue up to 40 hours
at any given time.
• Fire employees on 24 -hour shifts may accrue up to 36 hours at any given time.
• Fire employees on 48 -hour shifts may accrue up to 50 hours at any given time.
• EMS employees on 24 -hour shifts may accrue up to 72 hours at any given time.
Employees who have reached their maximum comp time accruals will be paid for any
overtime worked in accordance with the Fair Labor Standards Act.
Carrying Over Comp Time. Comp time accruals may carry over into the beginning of each
subsequent fiscal year for employees. The maximum number of hours that may be carried
over by employees is as follows:
• Employees assigned to a standard 40 -hour work week may carry over up to 20
hours into the beginning of the subsequent fiscal year.
• Employees assigned to a 56 -hour work week may carry over up to 36 hours into
the beginning of each subsequent fiscal year.
• EMS employees on 24 -hour shifts may carry over up to 48 hours into the beginning
of each subsequent fiscal year.
Any comp time that an employee is unable to carry over into each subsequent fiscal year
will be paid at their regular rate of pay.
Use of Comp Time. Comp time accrued and used by employees shall be recorded in the
City's official timekeeping system. Comp time accrued in any given pay period shall not
be used during that same pay period.
Employees may take comp time off at the discretion of their direct supervisor. Comp time
off must not unduly disrupt departmental operations and must have prior supervisory
approval. Comp time cannot be used to drive an employee into overtime status.
61
Pay Outs for Comp Time. Employees will be paid for accumulated, unused comp time
upon separation of employment at their regular rate of pay, regardless of the reason for
employment separation.
If an employee is promoted from a non - exempt to an exempt position, any accrued,
unused comp time shall be paid out at the employee's regular rate of pay for the position
held before the promotion.
Any time that an employee with accrued comp time accruals transfers to another
department, their hours accrued shall be cashed out at their current hourly rate of pay.
4.1.6 Stand -By Pay
Departments may pay stand -by pay (also known as on -call pay) to designated employees,
who are on call at designated times. Stand -by time is defined as time worked if employees
are required to be available by phone or at certain locations such that they cannot use
the time for their own purposes. Qualification for stand -by pay is coordinated with and
must be approved by the employee's Department Head and is available only when the
needs of the City and its customers require it. Whether time spent on stand -by is
considered time worked is a question of fact to be decided on a case -by -case basis.
Generally, stand -by time is considered time worked for time spent:
• Performing work - related activities, such as phone calls;
• Driving to and from the location of an emergency situation; and
• Responding to an emergency situation
Stand -by time is not considered time worked if the employee can leave word as to where
they can be reached, or if the employee carries a pager or phone and does not have to
stay at a certain location as defined above.
If stand -by time is considered time worked, the employee(s) on stand -by shall receive
their regular hourly rate until they work over forty (40) hours within a given workweek,
which would then place the employee(s) in an overtime status.
Stand -by pay is subject to available funds and budget approval, and the rate may be pro-
rated.
52
4.1.7 Education Pay
All education pay is subject to and contingent upon City Council approval of an annual
budget that funds the program. All education pay plans, additions, and /or deletions must
be reviewed by Human Resources, and the City Manager must grant final approval of all
education pay plan changes prior to implementation.
Education pay is provided to eligible full -time employees, as outlined in this policy. In order
to receive compensation, the education level must be above the minimum requirement for
the employee's position as listed in the job description. Employees will only be paid for the
highest level of education achieved. Education pay shall be forfeited if an employee moves
into a position where education for which they are currently receiving compensation is a
minimum requirement of the position as listed in the job description.
Employees who are eligible to receive education pay are responsible for providing the
appropriate documentation to their department. Compensation for education pay will be
paid to a maximum of three months in arrears to any employee not reporting to their
department their eligibility for such pay.
All requests for education pay must be authorized by the Department Head and then
submitted to the Human Resources Department. Final approval of certification pay will be
granted by the City Manager.
Employees shall receive payment per pay period as outlined in the schedule below.
EDUCATION PAY SCHEDULE
*Degree Amount Per Pay Period
Associate's Degree $25.00
Bachelor's Degree $30.00
Master's Degree $45.00
*Conferred by a nationally accredited institution of higher education
53
4.2 Employee Benefits
A comprehensive employee guide can be obtained from Human Resources.
Retirement Income Plan. The City offers a retirement plan through Texas Municipal
Retirement System with mandatory participation for all full -time employees and part -
time employees working twenty (20) hours per week or more. An eligible employee
(including probationary employees) automatically becomes a member of the retirement
system on the first day of the first month after the date of employment. The employee
must be eighteen (18) years of age or older and not yet attained age sixty -five (65) or
older.
The City provides several options for voluntary retirement. Information regarding the
City's retirement options can be obtained from Human Resources.
Life Insurance, Long -Term Disability, and Health Coverage. The City provides life
insurance, long -term disability, medical, dental, and vision plans for full -time employees.
Dependent life insurance, medical, dental and vision coverage, is available at the option
of the individual employee. Plan information and costs can be obtained from Human
Resources.
Workers' Compensation. The City provides workers' compensation insurance for all
employees of the City. The coverage is designed to compensate the employee for any
job - related illness or injury. Procedures on reporting job - related illness and injury is
covered in the City's Risk and Safety plan.
Employee Assistance Program. The City has an Employee Assistance Program for all
employees and members of their household. Information regarding the City's Employee
Assistance Program can be obtained from Human Resources.
54
4.3 Holiday, Vacations, and Leaves
4.3.1 Holidays
Official City Holidays
New Year's Day
Presidents' Day
Independence Day
Columbus Day
Thanksgiving Day
Christmas Day
Martin Luther King, Jr. Day
Memorial Day
Labor Day*
Veterans' Day
Christmas Eve
*Fire employees (operations) work on Labor Day and recognize 9/11 as the holiday.
If one of the above holidays falls on a Saturday, City employees will observe that holiday
on the preceding Friday. When such a holiday falls on a Sunday, City employees will
observe that holiday on the succeeding Monday. If one of the above holidays is followed
by a Friday or preceded by a Monday, that Friday or Monday shall also be considered a
paid City holiday. When Christmas Day falls on a Saturday and the preceding Friday is
already a City holiday, Christmas Eve will be observed on the preceding Thursday. When
Christmas Day falls on a Monday, Christmas Eve will be observed on the preceding Friday.
When Christmas Day falls on a Tuesday and the preceding Monday is already a City
Holiday, Christmas Eve will be observed on the preceding Friday.
Holiday pay does not include any special forms of compensation such as bonuses, shift
differentials, or incentives.
Exempt Employees. Regardless of schedule or time actually worked on an observed City
holiday, exempt employees receive holiday pay equal to the number of hours they would
normally work.
Non - Exempt Employees. A non - exempt employee not scheduled, and does not work on
the observed City holiday, will receive 8 hours of holiday pay. If a non - exempt employee
is required to work on a City holiday (actual or observed), the non - exempt employee will
be paid holiday pay for hours actually worked on the holiday at a rate equal to the
employee's straight hourly pay in addition to their normal hourly pay, unless the
employee has already worked 40 hours during the same week as the holiday, in which
case overtime rates will apply to time worked. If the employee is required to work, they
will receive a minimum of 8 hours of holiday pay; however, if the employee is required to
work in excess of 8 hours, they will receive holiday pay for the actual amount of hours
worked.
Im
Regular Part -Time Employees. A regular, part -time employee that is not scheduled, and
does not work on the observed City holiday, will receive at a minimum of 4 hours of
holiday pay or the amount of hours they would have normally been scheduled to work
for that day. If a regular, part -time employee is scheduled and works on a holiday, they
will be compensated in accordance with the section above titled 'Non- Exempt
Employees.'
Irregular Part -Time Employees. An irregular, part -time employee that is not scheduled,
and does not work on the observed City holiday, will not receive holiday pay. If an
irregular, part -time employee is scheduled and works on a holiday, they will be
compensated in accordance with the section above titled 'Non- Exempt Employees.
All Employees. An employee on vacation, sick, or FMLA leave during an official holiday
will receive 8 hours of holiday pay.
Employees may request an approved absence to celebrate a religious holiday that is not
a scheduled city holiday. If approved, the employee must use vacation, compensatory
time, or an excused absence without pay.
Examples of Holiday Pay Procedures:
Scenario 1:
An employee works forty (40) hours per week, Tuesday through Saturday in a non - exempt
position. A City holiday falls on a Monday. The supervisor and employee should mutually
designate a day in the same week during the employee's normal schedule as the day for
their holiday observance. If the employee works on the re- designated holiday, they will
be compensated in accordance with the holiday pay practices. If, after re- designating
their holiday, the employee actually works on Monday (the official City holiday), they will
be paid in accordance with the section entitled 'Non- Exempt Employees.'
Scenario 2:
An employee works forty (40) hours per week, Monday through Friday in a non - exempt
position. Christmas Day (12/25) falls on a Sunday, and the City observes the holiday on
Monday (12/26). Due to an emergency, the employee is called into work on Sunday and
works five (5) hours. The employee would receive five (5) hours of holiday pay and five
(5) hours of pay equivalent to their regular rate of pay, unless the employee has already
worked 40 hours during the same week as the holiday, in which case overtime rates will
apply to time worked.
This same employee does not work on the observed holiday, a day they are normally
scheduled to work. The employee will receive eight (8) hours of holiday pay for the
observed holiday.
M
Scenario 3:
If the same employee from Scenario #2 was called into work on the observed holiday
instead of the actual holiday, and worked five (5) hours, they would receive eight (8) hours
of holiday pay and five (5) hours of pay equivalent to their regular rate of pay, unless the
employee has already worked 40 hours during the same week as the holiday, in which
case overtime rates will apply to time worked.
Scenario 4:
An exempt employee works a 9/80 schedule, regularly scheduled to work 9 hours on
Mondays. A City holiday falls on a Monday. The employee does not work on the holiday.
The employee will receive nine (9) hours of holiday pay.
Scenario 5:
A 24 -hour shift worker calls in sick on an official City holiday. They are scheduled, but do
not work. They will receive 8 hours of holiday pay, and must use 16 hours of sick leave to
cover the remainder of their scheduled shift.
Scenario 6:
A non - exempt employee works ten (10) hours on July 4th at the Jubilee. The employee
will receive ten (10) hours of holiday pay and ten (10) hours of pay equivalent to their
regular rate of pay, unless the employee has already worked 40 hours during the same
week as the holiday, in which case overtime rates will apply to time worked.
Im
4.3.2 Vacation Leave
All regular full -time employees are entitled to paid vacation time. If a holiday occurs
during an employee's vacation, that holiday is not chargeable as vacation time. It counts
as a paid holiday.
Employees who experience illness or injury during their vacation may request that the
time of illness be charged as sick leave. Medical documentation may be required upon
request. Vacation accrual for eligible employees begins on their date of employment in a
full -time position. Vacation time is accrued per pay period based on the chart below and
may not exceed the maximum allowable as listed. On September 30 of each year, all
accrued vacation time in excess of the amount authorized will be dropped from the
vacation leave roster.
Year of service is equal to total number of years with the City of Schertz.
# Hours
Per Year
Maximum Hours
Allowed To Accrue
Fire Protection Personnel assigned to Operations and EMS Personnel assigned to 24 -hour shifts':
During 1st year of service
144
-
2 —10 years of service
180
360
11+ years of service
240
480
Licensed Peace Officers(Sworn Officers) /Fire Protection Personnel assigned to Admin2 /EMS Admin3 /EMS Personnel
During 1st year of service
96
-
2 —10 years of service
120
240
11+ years of service
160
320
All other Full -Time Employees:
0 — 5 years of service
96
192
6 —10 years of service
120
240
11+ years of service
160
320
'A day for a 24 -hour shift employee is defined as 12 hours.
2 Definitions for "Fire Protection Personnel" and "Licensed Peace Officer" can be found in Section 142.010 in the Local Texas
Government Code.
3 EMS Admin does not include the Administrative Assistant and the Billing Office.
4A day for a 12 -hour shift employee is defined as 8 hours.
If an employee is called to work during their vacation, the employee will receive their
regular pay rate, and the vacation will be rescheduled for a later date.
Requests for vacation leave will be approved by the Department Head or designee.
Upon separation, an employee will receive pay for their unused vacation time. This does
not apply to a newly hired employee still in their initial probationary status. Pay for
unused vacation time is limited to the maximum authorized accrual level. The amount
58
payable is based on the employee's hourly salary in effect at the time of separation. The
payout will be made at the employee's regular rate and shall not include any special forms
of compensation such as bonuses, shift differentials, or incentives. For all "40 hour"
employees whose wages are expressed in the form of an annual salary, the employee's
regular rate will be determined by dividing the annual salary by 2080 hours. For all fire
department employees who work 24 -hour shifts and whose wages are expressed in the
form of an annual salary, the employee's regular rate will be determined by dividing the
annual salary by 2,756 hours. For all EMS employees who work 24 -hour shifts and whose
wages are expressed in the form of an annual salary, the employee's regular rate will be
determined by dividing the annual salary by 2,912 hours. For all EMS employees who work
12 -hour shifts and whose wages are expressed in the form of an annual salary, the
employee's regular rate will be determined by dividing the annual salary by 2,184 hours.
4.3.3 Sick Leave
The City's sick leave plan allows regular full -time and regular part -time employees to be
away from work without loss of pay for illness or non - job - related injury. Payments shall
be made at the employee's regular rate and shall not include any special forms of
compensation such as bonuses, shift differentials, or incentives. Employees are
authorized sick leave for illness that makes them unable to perform their duties and to be
with members of their family* in case of serious illness or death.
Regular full -time employees earn one day of sick leave for every month of work for the
City. Twenty -four hour shift employees earn ten (10) hours of sick leave for every month
of work for the City. Regular part -time employees will accrue sick leave at a rate equal to
their hours worked compared to a full -time employee's hours worked. Accumulated
vacation time may be used to cover sick leave if an employee becomes ill and has used all
of their sick leave. Accumulated sick leave, however, may not be used in place of vacation
leave.
A supervisor may request verification of illness for sick leave requests of three (3) days or
less. For sick leave of more than three (3) days, a doctor's certification will be required.
If an employee does not use all of their allocated sick leave during any one year, the
employee may accumulate up to 120 days for future use. There will be no payment for
unused sick leave upon an employee's separation.
*For purposes of this Sick Leave policy, "family" means the employee's parent, child,
spouse, mother -in -law, father -in -law, sibling, stepchild or any other person living in the
employee's household.
10
Catastrophic Illness. Regular full time employees who are diagnosed by a physician with
a catastrophic illness or injury and who have exhausted all sick leave and vacation leave,
and who are not covered by worker's compensation, will receive salary continuation,
exclusive of unscheduled overtime, for the duration of their incapacity, but not to exceed
such time when the employee becomes eligible to receive Long Term Disability payments.
Such compensation will be paid according to the following schedule:
Completed Years of
Employment with the City
Percentage of
Salary to be Paid
0 -5 years
25%
6 -10 years
50%
11 -15 years
75%
16+ years
100%
Such payments will cease six (6) months after commencement of payment. Payments will
also cease if for any reason the employee is no longer employed by the City. Payment
shall be diminished by funds received by the employee from any other source related to
the City or work - related benefits. Payments will not be increased if an employee moves
from one period of employment category in the left -hand column of the above chart to
another during the 6 -month period.
During this pay continuation period, the employee will not be eligible for merit raises,
promotions, or other benefits including vacation and sick leave accrual. Health care
insurance (including medical, dental, and vision insurance), long term disability, and life
insurance provided by the City would also be continued until the employment
relationship has terminated. The employee will continue to be responsible for any
dependent or additional insurance coverages.
4.3.4 Sick Leave Pool
The City of Schertz has established a sick leave pool to provide a source of additional paid
sick leave for employees who have exhausted all available leave time, to include
compensatory time, awarded time off, sick leave and vacation leave. Sick leave pool
benefits are made available through voluntary donations of sick leave hours from current
and retiring employees.
This policy applies to all full -time and regular part -time employees. Hours from the Sick
Leave Pool received by employees prior to effective date of this policy do not count
.e
towards the Maximum Hours Allowed in Rolling 12 -Month Period or the Maximum
Lifetime Benefit. Employees receiving hours from the Sick Leave Pool upon the effective
date will be subject to this policy. Newly -hired employees still in a probationary status are
not eligible to receive from the Sick Leave Pool.
Employees who exhaust all leave balances because of an illness, injury, or otherwise
qualified condition, suffered by either the employee or a member of the employee's
immediate family may apply to the sick leave pool program. Employee must have an
approved FMLA claim to be eligible to receive hours from the Sick Leave Pool. FMLA claims
must be approved prior to receipt of hours from Sick Leave Pool. Hours from the Sick
Leave Pool will only be assigned retroactively up to 60 days from the date of FMLA
approval.
Donation. All contributions to the Sick Leave Pool will be voluntary. Upon retirement or
separation of the City, employee may designate the number of accrued sick leave hours
to be donated to the Sick Leave Pool . Sick leave contributions may not be designated for
the use of a particular person. Current employees who wish to donate must maintain a
minimum balance of 80 hours in their sick leave bank.
Request for Use of Sick Leave Pool. Employee must submit request to the Human
Resources Director or designee using appropriate application form. Employees should
apply for a specific amount of sick leave pool hours. The number of sick leave pool hours
approved may be less than the number of sick leave pool hours requested.
Sick Leave Pool usage will have a start and end date for each period of use, which will be
will coincide with condition updates and expected return to work status. Assignment of
Sick Leave Pool hours may be re- evaluated periodically to determine appropriateness of
continued use.
Human Resources Director or designee will:
• Make decisions consistent with policies and procedures.
• Process all applications on a first -come, first - served basis. Decisions on applications
will be done within five (S) business days after receipt.
• Upon approval of an application, the amount of time to be transferred from the pool
to the employee will be determined. Considerations used will include the information
contained in the application; the number of applications pending; and the amount of
sick leave available in the pool. Human Resources will transfer hours to the
employee's sick leave bank.
61
Maximum Hours Allowed in Rolling 12 -Month Period. An eligible full -time employee may
not receive more than 320 hours from the sick leave pool in a rolling 12 -month period. An
eligible part -time employee may not receive more than 160 hours from the sick leave pool
in a rolling 12 -month period. Fire /EMS employees working 24 -hours shifts may not
receive more than 480 hours from the sick leave pool in a rolling 12 -month period.
Maximum Lifetime Benefit. An eligible full -time employee may not receive more than
640 hours from the sick leave pool as a maximum lifetime benefit. An eligible part -time
employee may not receive more than 320 hours from the sick leave pool as a maximum
lifetime benefit. Fire /EMS employees working 24 -hours shifts may not receive more than
960 hours from the sick leave pool as a maximum lifetime benefit.
Maternity /Paternity. The Sick Leave Pool may be used for the condition of pregnancy,
childbirth or bonding, as long as all other all other requirements of this policy are met.
General:
• An employee absent on Sick Leave Pool hours will be treated for all purposes as if
the employee were absent on earned sick leave. All City policies and procedures
related to permissible uses of sick leave apply to the use of the Sick Leave Pool
hours.
• In no case may Sick Leave Pool hours be used in conjunction with a Worker's
Compensation Claim.
• Sick Leave Pool hours may be used in conjunction with employee disability
benefits from the group insurance program.
• The estate of a deceased employee is not entitled to payment for unused sick
leave acquired by that employee from the Sick Leave Pool or previously donated
to the pool.
• Sick Leave Pool is a temporary discretionary process that MAY be extended to an
employee if all conditions above are met. It is not a benefit of employment.
Decisions to allocate pool resources to eligible employees will be equitable,
consistent, and without regard to employee classification or any other legally
impermissible reason.
• The City has the right to rescind the offer of Sick Leave Pool usage for any reason
at any time, but particularly when abuse is suspected, or when there is no
prognosis of return to work.
62
4.3.5 Family and Medical Leave
Eligibility. Under current Federal law (the Family and Medical Leave Act (the "FMLA ")), to
be eligible for family and medical leave benefits, an employee must work for a covered
entity, meaning an employer with fifty (50) or more employees within a seventy -five (75)
mile radius. Additionally, in order to be eligible an employee also must have worked for
the City for (i) a total of twelve (12) months and (ii) at least 1,250 hours in the immediately
preceding twelve (12) complete months. Initial determination of FMLA eligibility will be
made by Human Resources, with a final determination made by the City Manager if
needed.
Married employee couples may be restricted to a combined total of twelve (12) weeks
leave within any twelve (12) month period for childbirth, adoption, or placement of a
foster child; or to care for a parent with a serious health condition.
Qualifying Events. Eligible employees are entitled to take up to 12 workweeks of FMLA
leave in a rolling 12 -month period for any of the reasons listed below:
• The birth of a child and to bond with the newborn child within one year of birth.
• The placement with the employee of a child for adoption or foster care and to
bond with the newly placed child within one year of placement.
• A serious health condition that makes the employee unable to perform the
functions of their job.
• To care for the employee's spouse, son, daughter, or parent who has a serious
health condition.
• Any qualifying exigency arising out of the fact that the employee's spouse, son,
daughter, or parent is a military member on covered active duty.
The rolling twelve (12) month period is measured backward from the date the employee
uses any FMLA leave.
An eligible employee may also take up to 26 workweeks of FMLA leave in a single 12-
month period:
• To care for a covered servicemember with a serious injury or illness if the
employee is the spouse, son, daughter, parent, or next of kin of the
servicemember (military caregiver leave).
During the 12 -month period in which the employee uses FMLA leave to care for a covered
service member, he or she is entitled to a maximum of 26 weeks of leave. The 26 weeks
include up to a maximum of 12 weeks of leave taken for reasons other than caring for a
covered service member.
63
Requests for FMLA. Eligible employees should submit requests for FMLA to Human
Resources in advance of foreseeable events and as soon as possible for unforeseeable
events.
Employees requesting FMLA leave will be required to submit medical certification
confirming the need for leave (continuous or intermittent) and the estimated time
required. Periodic recertifications also may be required, as well as periodic reports
regarding the employee's status and intent to return to work. Any changes in this
information should be promptly reported to Human Resources. Failure to provide the
required certification may result in a delay in the start or continuation of FMLA leave or
may mean that the absence is not covered by the FMLA.
Time Reporting while on FMLA. Employees will be required to substitute any accrued
leave before taking unpaid FMLA leave. If an employee goes into an unpaid status, they
will continue to be responsible for any dependent or additional insurance coverages. If an
employee is off work the entire week in which a holiday falls, the holiday does count
against FMLA entitlement (hours used), but the employee will still receive holiday pay
according to policy (as long as the employee was in a paid status the day before the
holiday).
Employees receiving short -term disability income while out on FMLA leave may not be
required to use accrued leave concurrently, but they will continue to be responsible for
any dependent or additional insurance coverages.
Intermittent FMLA Leave. Under certain circumstances, eligible employees may be able
to take leave on an intermittent basis. Medical certification for the need for intermittent
leave will be required, as well as, the frequency and duration of the intermittent leave.
Benefits While on FMLA Leave. Subject to the terms, conditions, and limitations of the
applicable plans, the City will continue to provide health insurance benefits for the full
period of the approved FMLA leave whenever such insurance was provided before the
leave was taken and on the same terms, conditions and contribution levels as if the
employee had continued to work. If the employee fails to return to work upon expiration
of the leave, the employee may be required to repay the premiums that the City paid for
maintaining coverage if the employee failed to return for reasons other than a serious
health condition of the employee or family member or other circumstances beyond the
control of the employee. If an employee goes into an unpaid status while out on FMLA,
leave accruals and TMRS contributions will cease until the employee returns to a paid
status.
64
Return to Work. Medical certification will be required to document an employee's release
to return to work full duty. At the discretion of the City, an employee may be required to
submit to a Human Performance Evaluation (HPE) to further document the ability to meet
the physical requirements of the job upon return to work. For all FMLA qualifying events
for which an employee was absent for a continuous period of four (4) weeks or longer,
the employee will be required to submit to an HPE prior to returning to work. This applies
to operational and /or manual labor positions. When FMLA leave ends, the employee will
be reinstated to the same position, if it is available, or to an equivalent position for which
the employee is qualified.
If an employee fails to return to work on the agreed -upon return date, and does not
report to work or communicate with their supervisor for a period of 3 consecutive days
immediately following, the City will assume that the employee has abandoned their job
and may terminate employment in accordance with the City's policies.
Outside Activities while on FMLA. While on leave, employees are expected not to engage
in acts which are inconsistent with the employee's professed need for leave or medical
restrictions. This may include, but is not limited to, employment other than by the City.
Engaging in acts which are inconsistent with the professed need for leave or the medical
restrictions of an employee may subject the employee to disciplinary action up to and
including termination.
4.3.5.1 Workplace Milk Expression for Breastfeeding Employees.
The City shall make reasonable accommodations for the needs of a
breastfeeding employee. It is the policy of the City of Schertz to comply with
all state and federal laws as they relate to workplace breastfeeding or breast
milk expression. The City will not suspend or terminate the employment of,
or otherwise discriminate against, an employee because the employee has
asserted the employee's rights under this chapter.
Accommodations. The City will provide accessible, adequate and private
facilities other than a bathroom, for the employee's breastfeeding - related
needs. Each designated space will be shielded from view and free from
intrusions from other employees and the public. The facility shall be
equipped with suitable lighting and electricity if necessary for pumping
apparatus. The space will be determined on a case -by -case basis in
consultation with the employee and department.
65
Break Time. The City will provide a reasonable amount of break time for an
employee to express breast milk each time the employee has need to
express the milk.
Storage. The City will provide suitable facilities such as a refrigerator for milk
storage during the employee's daily work period. If a City refrigerator is
utilized, the employee's bottles or containers should be clearly labeled with
the employee's name. Storage in a City refrigerator is limited to no longer
than the end of the business day when it is expressed. Should employer -
provided facilities not be available, an employee may store milk in her own
personal cooler.
Employee Responsibilities. It is the employee's responsibility to develop
their own lactation schedule and to arrange their lactation schedule with
their department. It is the employee's responsibility to make their supervisor
aware of changes to their lactation schedule.
Department Responsibilities. Departments must allow the employee to
follow their lactation schedule and be flexible if there are changes to the
schedule based on individual needs. Departments will ensure confidentiality
on a need -to -know basis of all information disclosed by the employee and /or
Human Resources related to an employee's breastfeeding or milk expression
situation.
4.3.6 On- The -Job Injury Leave /Pay
In the event an employee is injured on the job, they must report that injury to their
supervisor immediately. In the case of a major injury in which the employee is physically
unable to contact their supervisor, the injury must be reported no later than the start of
the next workday regardless of whether or not the employee is scheduled to work. For
purposes of this policy, failure on the part of the employee to report such injury within
these guidelines constitutes an agreement by the employee and an assumption by the
City that the injury did not occur on the job; therefore, the employee will not be eligible
for any benefits described under this Section. Witnessing employees should report the
injury to supervisory personnel.
The employee, upon learning the nature and condition of the injury, must report the
anticipated length of the absence to their immediate supervisor. Regular full -time
employees who sustain an on- the -job or line -of -duty injury will be entitled to full salary
continuation, exclusive of unscheduled overtime, for the duration of their incapacity, not
to exceed sixty (60) calendar days, or at the discretion of the City Manager for a longer
66
period until the employee attains maximum medical improvement. Full salary
continuation is an employee's current bi- weekly net take -home pay rate less worker's
compensation benefits. If, at the end of such period of leave, the employee cannot return
to work, the employee may elect to apply sick leave and vacation leave until exhausted,
less any worker's compensation benefits.
After all accrued benefits have been exhausted, the employee will receive only worker's
compensation benefits as authorized by State law. At such a time that the employee is
only receiving temporary income benefits as part of an open workers compensation
claim, and not receiving any compensation from the City, the employee will not be
eligible for merit raises, promotions, or other benefits including vacation and sick leave
accrual. The employee will continue to be responsible for any dependent or additional
insurance coverages.
Injury Leave - Time Worked. Afforded to cover employee time while at a doctor
appointment for a work - related injury
Injury Leave — Time Not Worked. Afforded to cover employee who is unable to return to
work per doctor's orders.
Supervisors have certain responsibilities regarding accidents and injuries:
o It is the responsibility of the respective Department Head or designee to verify
all employee absences for worker's compensation related purposes.
o Upon learning of injury, supervisors will thoroughly investigate the
accident /injury and forward a report to the City's Risk Management office, and
the Human Resources Department where appropriate
o Supervisors must report injury - related lost time on timesheets and to the
City's Risk Management Office.
Prior to an employee returning to full duty, the City must receive a Work Status Report
indicating the employee's fitness to return to duty and to perform the essential job
functions with or without reasonable accommodation, stipulating the type of duty
permitted and any requested accommodations, and the date of the employee's release
from medical care.
If the return to duty restrictions are with reduced hours, and the employee has returned
to work following an on- the -job injury, the employee will not be charged vacation or sick
leave, providing workers compensation has supplemented the additional injury leave
and /or hours. Upon returning to work, pursuant to a medical doctor's release, any non -
work hours paid by workers compensation will not be charged vacation /sick leave. Once
67
released by the doctor, the employee may be charged vacation /sick leave should the
employee not report to work.
For Example:
• Employee is released by doctor to work 12 hours
• 28 hours compensated by workers compensation
If the employee is out 4 hours (of the 12) due to illness, it will be charged as sick leave.
At the discretion of the City Manager, an employee on light duty who turns in the
endorsed workers compensation check to the Finance Department may have
continuation pay for the remaining hours not worked during the week until such time that
the employee reaches maximum medical improvement.
An employee forfeits continued On- the -Job Injury Pay if they:
• are found to be working for pay at any job not approved by the Department Head
and Human Resources Department and not specifically recommended by the
employee's treating physician;
• resign for any reason while receiving On- the -lob Injury Pay;
• are discharged for any reason while receiving On- the -lob Injury Pay;
• consistently fail or refuse to comply with or follow or consistently disregard or
violate the treating physician's instructions regarding treatment of their injury;, to
include attending follow up medical appointments;
• retire while receiving On- the -lob Injury Pay;
• refuse to perform light, or part -time duty when offered by their Department Head
and authorized by the treating physician;
• refuse to accept or perform a different job with the City when offered as a
reasonable accommodation, and that is within their capacity and for which theyare
qualified or will be trained;
• falsify or misrepresent their physical condition or capacity while receiving On -the-
Job Injury pay;
• refuse or fail to return to regular duty on the working day after the treating
physician has released them to regular duty;
• fail to contact their immediate supervisor on a weekly basis and notify them of their
condition and expected return to work date; or
• are injured as a result of their own personal negligence in the observance of safety
rules as determined by the employee's Department, Risk Management or the
Human Resources Department.
68
4.3.7 Light Duty
When an employee is not able to return to their regular job due to temporary medical
restrictions, they may be returned to work early in transitional work, light duty, modified
duty, or alternate duty. This may be a temporary change to the employee's regular job
such as modified duties, shorter hours, or work that is entirely different due to physical
abilities or limitations or required skills.
When an employee is medically released to duty and the release calls for light duty,
Human Resources will work with the employee's department to determine if light duty is
available. Light duty may or may not be available based on the following:
• Needs and duties of the department;
• Capabilities of the employee; and
• Expected length of light duty.
Light duty may only be allowed for a period of up to 180 calendar days from the date the
employee returns to work. If the employee has still not returned to regular duty without
restrictions at the end of the 180 calendar day period of light duty, then a duty assessment
will be requested from the employee's treating physician to determine if the employee
will be able to perform the essential functions of the job. If the employee is still not able
to perform the essential functions of the job at that time, Human Resources will work
with the department to attempt to locate another City position for which the employee
is qualified. Such position must be authorized and vacant.
When an employee's injury will permanently prevent them from performing the essential
functions of their regularly assigned position, Human Resources will work with the
department to first ascertain whether or not a reasonable accommodation can be made.
If a reasonable accommodation cannot be made, Human Resources will engage the
employee in the interactive process and attempt to locate another City position for which
the employee is qualified. Such position must be authorized and vacant.
If no positions are available and the individual is physically unable to perform the essential
functions of their with or without reasonable accommodation, other actions, up to and
including administrative termination, may be required.
.•
4.3.8 Bereavement Leave
All regular full -time and regular part -time employees are eligible for paid bereavement
leave from the first day of employment.
For the purposes of this policy, an immediate family member is defined as an employee's
spouse (including common -law), child (including foster and step), parents (including
current stepparents and current in- laws), siblings (including half, current step, and current
in- laws), grandparents, grandchildren, or any other person living in the employee's
household.
Employees will receive bereavement leave in accordance with the time they would have
normally worked per their individual schedules. For example, if a City employee requests
bereavement leave on a day where they are scheduled to work ten (10) hours, the
employee would receive ten (10) hours of bereavement leave. Bereavement leave is
stand -alone paid leave and shall not be charged to any other forms of leave.
It shall be the policy of the City that, in the event of the death of an employee's immediate
family member, the employee shall be entitled to bereavement leave in accordance with
the following schedule:
• Employees on 4 -hour, 8 -hour or 10 -hour work days /shifts = 3 work days /shifts of
bereavement leave
• Employees on 12 -hour work days /shifts = 2 work days /shifts of bereavement leave
• Employees on 24 -hour work days /shifts = 1 work day /shift of bereavement leave
The schedule below lists a maximum number of days /shifts that may be approved by the
City Manager in the event the funeral of the immediate family member is out of state:
• Employees on 4 -hour, 8 -hour or 10 -hour work days /shifts = 5 work days /shifts of
bereavement leave
• Employees on 12 -hour work days /shifts = 4 work days /shifts of bereavement leave
• Employees on 24 -hour work days /shifts = 2 work day /shifts of bereavement leave
If an employee has two (2) or more immediate family members who pass away due to a
single event, the employee may be granted additional bereavement leave on a case -by-
case basis upon review and approval by the City Manager.
Appropriate Use of Bereavement Leave. Bereavement leave may be used by an
employee in the case of the death of an immediate family member. Bereavement leave
Nei
should be used within four (4) weeks of an immediate family member's death but may be
extended by the employee's Assistant City Manager in unique circumstances.
Bereavement leave must be used in full work day /shift increments but does not have to
be used on consecutive work days /shifts. Bereavement leave shall not be accrued or
saved like other types of employee leave.
Payment of Bereavement Leave. Payment for bereavement leave is at the employee's
regular rate of pay. Paid time off for bereavement leave is not considered time worked
within any given workweek or work cycle.
With supervisor approval, time off may also be granted to attend the funerals of friends
or other close relatives who are not immediate family members, but the employee shall
utilize their available sick leave, comp time, or vacation leave in these instances.
Procedures for Notification. The City requests that employees provide as much notice as
possible to their supervisors when requesting bereavement leave.
Documentation. The City reserves the right to request pertinent information when
bereavement leave is taken by City employees, including deceased relative's name, the
name and address of the funeral home, and the date of the funeral.
Abuses. Any employee abusing the employee bereavement policy through falsification
may be subject to disciplinary action up to and including termination.
Memorial Trees. The City will honor deceased active duty and retired employees who
have served the City for ten (10) or more years by planting a tree in the City. These trees
will be placed in areas of the City in need of trees and will honor those deceased
individuals.
4.3.9 Jury Duty
City employees who are called for jury duty will receive full compensation for the time
that they are either waiting for possible selection to serve on a jury or serving on a jury
for a maximum of two (2) weeks (or a longer period authorized by the City Manager).
Payments shall be made at the employee's regular rate and shall not include any special
forms of compensation such as bonuses, shift differentials, or incentives. Payments will
take into consideration and be net of the amounts a City employee otherwise receives
from outside sources as juror pay. Employees are required to provide their supervisor
with both the notice or summons reflecting that jury service is required and copies of any
checks or receipts reflecting the amount of juror pay received from outside sources.
Employees shall report to work on any regularly scheduled workday on which the
employee is not required to serve as a juror.
`f
4.3.10 Military Leave
An employee of the City who presents official orders requiring their attendance for a
period of training or other active duty as a member of the United States Armed Forces,
the Army National Guard, the Air National Guard, the commissioned corps of the Public
Health Service, or the Texas State Guard shall be entitled to military leave in accordance
with applicable law. Pursuant to state law, military leave with pay shall be provided by
the City not to exceed a total of fifteen (15) working days per federal fiscal year for those
employees in a reserve component of the armed forces or in the Texas Army National
Guard, Texas Air National Guard, or Texas State Guard. Following the expiration of these
fifteen days of paid leave, the City will continue paid leave for any such employee for the
duration of their military service not to exceed five years, but any such payments shall
take into consideration and be net of the amounts a City employee otherwise receives for
the military or other covered service. Payments for military leave shall be made at the
employee's regular rate and shall not include any special forms of compensation such as
bonuses, shift differentials, or incentives. At the time of discharge, the returning service
personnel shall be re- employed in their former position or one of equal or greater
responsibility, if they comply with all necessary legal requirements.
4.3.11 Maximum Leave of Absence; Concurrent Leave
Subject to applicable law, the total maximum amount of time available under a leave of
absence to which an employee may be entitled, regardless of the basis of the leave, is one
calendar year. However, employees are not automatically entitled to a one calendar year
leave of absence, and such leave will only be approved in accordance with City policies
and applicable law. Upon the expiration of an approved one calendar year leave of
absence, an individual's employment may be administratively terminated, subject to
applicable law.
Unless otherwise notified by the City, any person who desires to return to work with the
City after having been administratively terminated is encouraged to reapply to any
position for which they are qualified to perform the essential job functions, with or
without reasonable accommodation. Due regard will be given to the individual's prior
employment with the City.
Subject to applicable law, if an employee takes a leave of absence and such leave of
absence could be taken under two or more policies (for instance, sick leave and FMLA
leave), such periods of leave shall be applied concurrently to all qualifying leaves of
absence.
END OF PART IV
W
SECTION V
EMPLOYEE RELATIONS
5.1 Harassment Prohibited
In accordance with federal and state law, it is the policy of the City to provide and
maintain a work environment that is free of any and all forms of harassment based on
race, age, gender, religion, color, disability, or national origin. In addition, the City
prohibits discrimination on the basis of sexual orientation or gender identity. The City will
not tolerate such harassing behavior at any time or for any reason.
No city employee may engage in conduct at work that involves or could be construed as
involving harassment toward any city employee, resident, customer, or visitor on the
basis of race, age, gender, religion, color, disability, national origin, sexual orientation, or
gender identity.
Employees shall report harassment pursuant to the Reporting Sexual Harassment or
Other Types of Harassment policy.
5.2 Sexual Harassment Prohibited
It is against the policies of the City, and illegal under state and federal law, for any
employee to sexually harass another employee. The City of Schertz is committed to
providing a workplace free from this unlawful conduct. It is a violation of this policy for an
employee to engage in sexual harassment.
Sexual harassment includes sexual advances, requests for sexual favors, and other verbal,
nonverbal, or physical conduct of a sexual nature. This may include when:
a. submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment,
b. submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting that person, or
c. such conduct has the purpose or effect of unreasonably interfering with a person's
work performance or creating an intimidating, hostile, or offensive work
environment.
Conduct prohibited by this policy includes sexual harassment which occurs in work -
related settings outside of the workplace, such as business trips, business meetings and
business related social events as well as off -duty conduct which falls within the above
definition and affects the work environment.
73
Examples of sexual harassment include, but are not limited to the following, when such
acts or behavior come within one of the above definitions:
a. either explicitly or implicitly conditioning any term of employment (e.g. continued
employment, wages, evaluation, advancement, assigned duties or shifts) on the
provision of sexual favors;
b. touching or grabbing a sexual part of an employee's body;
c. touching or grabbing any part of an employee's body after that person has
indicated, or it is known, that such physical contact was unwelcome;
d. continuing to ask an employee to socialize on or off -duty when that person has
indicated he /she is not interested;
e. displaying or transmitting sexually suggestive pictures, objects, cartoons, or
posters;
f. continuing to write sexually suggestive notes or letters;
g. referring to or calling a person a sexualized name;
h. regularly telling sexual jokes or using sexually vulgar or explicit language in the
presence of a person;
i. retaliation of any kind for having filed or supported a complaint of sexual
harassment (e.g. ostracizing the person, pressuring the person to drop or not
support the complaint, adversely altering that person's duties or work
environment, etc.);
j. derogatory or provoking remarks about or relating to an employee's sex or sexual
orientation;
k. harassing acts or behavior directed against a person on the basis of their sex or
sexual orientation;
Employees shall report harassment pursuant to the Reporting Sexual Harassment or
Other Types of Harassment policy.
5.3 Reporting Sexual Harassment or Other Types of Harassment
In the event the City receives a complaint of sexual harassment or other type of
harassment, or otherwise has reason to believe that sexual harassment or other type of
harassment is occurring, it will take all necessary steps to ensure that the matter is
promptly investigated and addressed. The employer is committed, and required by law,
rc1
to take action if it learns of potential sexual harassment or other type of harassment, even
if the aggrieved employee does not wish to formally file a complaint.
Any employee who believes that she or he has been the target of sexual harassment or
other type of harassment, or who believes she or he has been subjected to retaliation for
having brought or supported a complaint of sexual harassment or other type of
harassment, is encouraged, but not required, to directly inform the offending person or
persons that such conduct is offensive and must stop.
Additionally, the employee shall report such conduct to two responsible positions at the
City as follows:
a. the employee shall immediately notify their immediate supervisor and
Human Resources; or
b. if the employee's immediate supervisor is the source of the alleged
harassment, if the supervisor is unavailable, or if the employee believes it
would be inappropriate to contact that person, the employee shall
immediately report the problem to their Assistant City Manager and
Human Resources; or
c. if the issue would be inappropriate to report to one or the other of those
two positions, then the employee shall report to the City Manager and
either the Assistant City Manager or Human Resources, whichever of the
two is appropriate.
Every supervisor is responsible for promptly reporting and /or responding to, any
complaint or suspected acts of sexual or other harassment. Supervisors shall not disregard
any complaint of sexual or other harassment. As soon as an employee reports an incident
to the supervisor, the supervisor is responsible for reporting it to Human Resources (even
if the employee does not want you to say or do anything about it).
a. Any employee who is told by a co- worker that the co- worker has been the
target of sexual harassment, other type of harassment or retaliation is
highly encouraged to report this information to their supervisor, Assistant
City Manager, Human Resources and /or the City Manager immediately.
ra
Human Resources shall investigate all allegations of sexual harassment or other types of
harassment by following this basic plan:
a. Develop an approved investigation plan (in consultation with the City
Attorney, where appropriate).
b. Get written statements from both sides. The person accused of sexual
harassment or other types of harassment will be advised of the allegations
and given the chance to respond.
c. Keep records of the investigation. Documentation must be kept of all
phases of the investigation, including the initial complaint, interviews
which may be recorded and other documentation including any
disciplinary action that may be taken.
d. Attempt to resolve the complaint. All attempts to resolve the complaint
will follow appropriate City policies.
e. Maintain confidentiality and privacy to the extent possible. All aspects of
the investigation are confidential. Once the supervisor has contacted
Human Resources, any discussion regarding this issue should be limited to
those directly involved in the investigation.
No employee will be subject to any form of retaliation or discipline for reporting a sexual
or other harassment complaint.
To emphasize the importance of this policy and ensure every employee's understanding,
the City requires each employee to sign a statement acknowledging receipt and
understanding of this policy. The signed acknowledgement is kept in the employee's
personnel file.
5.4 Disagreement Procedures
It is the policy of the City to prevent the occurrence of complaints or disagreements
regarding work assignments or treatment by an employee's supervisor whenever possible
and to deal promptly with those complaints or disagreements that do arise. An employee
with a problem or concern should discuss the matter with their immediate supervisor and
attempt to come to an understanding. If the immediate supervisor cannot settle the
complaint or disagreement to the employee's or supervisor's satisfaction, the employee's
Department Head will attempt to settle the complaint or disagreement. If the problem
cannot be settled at the Department level, the complaint or disagreement will be
presented to the Assistant City Manager and /or Human Resources. The Assistant City
W
Manager and /or Human Resources will consider, and, if necessary, investigate the
circumstances of the complaint or disagreement. In consultation with Human Resources,
the Assistant City Manager will make a decision and notify the Department head and the
employee of their decision as soon as practical. The decision of the Assistant City
Manager will be final.
5.5 Performance Management
Performance management ensures constructive communication between employees and
supervisors in the interest of productivity, quality, and fairness. The supervisor of an
employee must specifically document in quantitative and qualitative terms whether or
not, and to what degree, performance standards have been met.
Performance evaluations establish a performance history with the organization and are
used to help supervisors make decisions regarding performance standards, promotions,
transfers, and merit increases. Performance evaluations also provide management with
a tool for assessing individual and organizational productivity. All performance
evaluations are maintained by the Human Resources Department.
Performance management processes are critical because employees need to know areas
in which they are having success as well as areas in which improvement is necessary to
meet performance standards, expectations, and goals.
Performance for regular full -time, regular part -time and irregular part -time employees
will be evaluated at least once per year. Annual performance evaluations shall serve as
the basis for any performance -based salary increases depending on the annual budget
and merit goals. Temporary, seasonal, or contract employees, including interns, are not
eligible to receive evaluations or merit increases.
Performance Management Process. The performance management process is used to
set expectations, set goals, document performance, provide periodic feedback on
performance, and to identify areas where improvement is needed.
The performance management cycle includes the following activities:
1. In conjunction with each annual performance evaluation, supervisors and
employees should discuss Key Performance Indicators, competencies,
performance standards, goals, expectations, and employment training and
development needs for the following Evaluation Period. These performance
standards and expectations will provide a method of measuring job behaviors.
Through the performance management process, goals can be set for acquiring
new skills, improving and /or correcting current employee performance, and for
WA
acquiring new knowledge and skills to make career changes. Employee goals and
expectations should be consistent with the City's vision, mission, goals, and core
values.
2. New employees and employees who have been promoted, transferred, or
demoted shall be evaluated as outlined in the Probation Policy.
3. During the Evaluation Period, the City encourages each supervisor and employee
to have periodic discussions to review and document the employee's progress
toward achieving performance standards and meeting expectations.
The performance evaluation provides documentation of an employee's achievements
toward meeting performance standards and expectations related to KPI's. It is the
responsibility of the evaluating supervisor to provide clear and specific feedback to their
subordinate employees. All scores in the evaluation process shall have specific, written
explanations. In the performance evaluation with employees, the supervisor should be
able to expound and give specific examples and feedback as to why they are giving a
particular score to any KPI in the evaluation.
es of Performance Evaluations
Employee Self- Assessment
Prior to the annual performance evaluation, each employee is given an opportunity to
assess their own performance and achievement during the Evaluation Period, and to
identify developmental needs. The employee's comments provide information that may
be relevant to the reviewing supervisor. The employee's input also provides the basis for
discussion between the supervisor and employee regarding future expectations, training,
and career development opportunities.
Annual Performance Evaluations
An annual performance evaluation is held to review and discuss the supervisor's
evaluation and the employee's self- assessment, and can be used in the award of merit
pay. The evaluation provides an opportunity for the supervisor and employee to review
the employee's performance and to make adjustments for the future as appropriate. The
performance evaluation relates to the performance of the employee for that Evaluation
Period.
Department Heads are responsible for ensuring consistency of ratings within their
department. Evaluating supervisors should collaborate with the next level supervisor(s)
prior to submitting the evaluations to the Department Head for approval.
78
Probationary Evaluations for New Employees and Employees Promoted, Transferred,
and Demoted. New employees and employees who have been promoted, transferred, or
demoted shall be evaluated as outlined in the Probation Policy.
Eligibility for Merit Increase. Annual performance evaluations will serve as the basis for
merit increases; though merit increases are not guaranteed or automatic and there
should not be any expectation for an annual merit increase. Any wage or salary increase
will be dependent on City Council approval of the City's annual budget.
An employee will not be eligible for a merit increase if that employee received an increase
in pay due to a promotion on /after July 1St of the performance period through the
conclusion of the evaluation process and merit payout. Employees who receive an
increase in pay due to a cost of living adjustment (COLA), a market adjustment, or other
wage scale adjustment shall maintain their eligibility for the subsequent annual
performance merit.
Employees who have left their employment and have not received their annual
performance evaluation before annual merit increases are issued should not have any
expectation of receiving a merit increase.
Review of Evaluations. All annual performance evaluations shall be reviewed by at least
two (2) reviewers. Departments that have only one reporting step shall be required to
have their respective Assistant City Manager review the employee evaluations for that
department. At the discretion of the City Manager, for their direct reports, Human
Resources may also provide review of the employee's evaluations.
Department Heads have final approval for all evaluations in their respective departments
and have the authority to request reviewing supervisors to make changes to employee
evaluations for any reason.
Employee Appeal of Evaluation. If the employee cannot understand the rationale behind
the scoring or does not agree with their evaluation, the employee may appeal the results
of such evaluation.
The purpose of an evaluation appeal is to record the employee's disagreement with the
supervisor's evaluation of their performance. If an employee does not agree with the
supervisor's assessment of their performance, the employee must state that they do not
agree with their evaluation. The employee shall then have the opportunity to issue a
written statement, expressing in detail the reason for disagreement with the evaluation.
In this case, the evaluation will be returned to the Department Head, who will begin a
WJ
mediation process between the employee and the employee's line of supervision,
including the employee's direct supervisor. At the conclusion of the mediation, the
Department Head will decide whether or not edits are to be made to the evaluation. The
evaluation will then be resubmitted to the employee for review, with or without changes.
In cases where an employee appeal is sustained, they will receive a revised annual
performance evaluation and, if applicable, back pay for any lost wages relating to a merit
increase due to the revised annual performance evaluation. In cases where the employee
does not agree with the evaluation after the Department Head review, the evaluation will
be reviewed by the HR Department, the respective Department Head and the respective
Assistant City Manager. The outcome of this review is final and will be sent to the
employee. Employees can submit comments and /or exceptions to their final evaluation
review.
With regard to employees who report directly to the City Manager, such employees may
appeal to the Human Resources Director. The employee shall provide a written
statement, expressing in detail the reason for disagreement with the evaluation, to the
Human Resources Director, who will begin a mediation process between the employee
and the City Manager. At the conclusion of the mediation, the Human Resources Director
and the City Manager will decide whether or not edits are to be made to the evaluation.
The evaluation will then be resubmitted to the employee for review, with or without
changes. The outcome of this review is final. Employees can submit comments and /or
exceptions to their final evaluation review. In cases where an employee appeal is
sustained, they will receive a revised annual performance evaluation and, if applicable,
back pay for any lost wages relating to a merit increase due to the revised annual
performance evaluation.
With regard to employees who report directly to the Human Resources Director, such
employees may appeal to the Assistant City Manager. The employee shall provide a
written statement, expressing in detail the reason for disagreement with the evaluation,
to the Assistant City Manager, who will begin a mediation process between the employee
and the Human Resources Director. At the conclusion of the mediation, the Human
Resources Director and the Assistant City Manager will decide whether or not edits are to
be made to the evaluation. The evaluation will then be resubmitted to the employee for
review, with or without changes. The outcome of this review is final. Employees can
submit comments and /or exceptions to their final evaluation review. In cases where an
employee appeal is sustained, they will receive a revised annual performance evaluation
and, if applicable, back pay for any lost wages relating to a merit increase due to the
revised annual performance evaluation.
ME
Tracking and Record Keeping. Employee performance evaluations are maintained in the
personnel files in Human Resources.
Distribution of copies. Upon finalization of an employee evaluation, it will distributed as
follows:
• copy to Human Resources;
• copy to employee
Unless otherwise provided by State law, access to an employee's performance
evaluations is limited to:
• the employee;
• Human Resources staff;
• Legal staff;
• a designated representative of the employee;
• supervisors in the employee's line of supervision or;
• an organizational hiring authority who is considering the employee's record in
relation to an actual job posting
Retention. Employee personnel files are maintained in accordance with State laws and
regulations.
5.6 Progressive Discipline and Disciplinary Appeals Process
The purpose of this Progressive Discipline and Disciplinary Appeals Policy is to outline the
City's disciplinary system and expectations so employees are able to perform their job
duties in a safe, efficient, and productive manner. Supervisors, Department Heads, and
City Management are responsible for outlining the goals and job performance standards
for each employee per the employee handbook. Each employee is responsible for
meeting these standards in an efficient manner.
Adverse disciplinary action is defined as any disciplinary action affecting an employee's
job status, not including written warnings.
At -Will Employment. The State of Texas is an "At -Will" employment state. At -will means
that an employer can terminate an employee at any time, for any reason, with or without
notice or cause as long as the reason is not illegal. Therefore, this policy does not provide
nor guarantee an employee any rights that would affect their "At -Will" employment
status. Although a progressive disciplinary system is preferred, where appropriate, a
single action or inaction may result in disciplinary action up to or including termination of
employment. Supervisors, Department Heads, and City Management shall administer
81
discipline in a fair and equitable manner throughout the city without regard to race, color,
religion, sex, national origin, age, disability, or any other legally protected status.
Criteria for Application of Formal Types of Discipline. The objective of the progressive
discipline policy is to provide fair, consistent, concise, and efficient procedures for the use
of disciplinary action against an employee and any subsequent appeals that may be
pursued. The following criteria may be considered in determining the appropriate
disciplinary action to be taken:
• Severity and type of offense(s);
• Impact of the offense(s) on the team and /or individuals;
• An employee's previous work record;
• Period of time since most recent disciplinary action; and
• Precedent of action on similar offense(s);
Supervisor /Department Head Obligations. Supervisors /Department Heads are obligated
to create an atmosphere conducive to motivating their staff through communication,
counseling, encouragement, respect, training /development, positive feedback,
accountability, and one -on -one mentoring. Supervisors /Department Heads are also
obligated to provide the tools, equipment, and resources necessary for staff to conduct
their jobs safely and efficiently.
Therefore, Supervisors /Department Heads should exercise their due diligence to ensure
the growth and development of their staff and to apply disciplinary action after employee
counseling and /or education has failed.
Types of Discipline. As used in this handbook, the term "disciplinary action" may include
a wide range of possible actions, up to and including termination of employment. As a
general matter, disciplinary actions shall be progressive, but circumstances may indicate
that decisive actions be taken immediately.
Although the list is non - inclusive, an employee may be subject to disciplinary action, up
to and including termination, for any of the following reasons:
• incompetence or inefficiency;
• conduct unbecoming an employee of the City;
• accepting bribes relating to City business;
• insubordination or any violation of any official order or regulation;
• indictment for or conviction of, plea of nolo contendere to, or receipt of deferred
adjudication for, a felony;
• unauthorized use of or theft of city equipment or property;
• inappropriate or excessive horseplay on the job;
82
• gambling during work hours or on City property;
• negligent or willful damage or waste of private or public property;
• habitual tardiness, unexcused or excessive absence;
• use of alcoholic beverages or illegal drugs while on duty;
• interpersonal conflict or negative behavior;
• violation of any policy set forth in this handbook;
• serious misconduct
Consistent with the above criteria, Supervisors, Department Heads, Assistant City
Managers, or the City Manager may take any appropriate disciplinary action including,
but not limited to:
• Written Warning;
• Written Reprimand;
• Probation and Performance Improvement Plan (PIP);
• Administrative Leave;
• Suspension;
• Demotion; or
• Termination;
Department Supervisors or Department Heads may change the order of the above
disciplinary steps, or may choose not to use any step, depending on the circumstances
under review. Department Heads may also continue progressive discipline when
appropriate.
Department Supervisors shall consult with their Department Head before issuing any
adverse disciplinary action against an employee. Likewise, Department Heads shall
consult with the Human Resources Department prior to any adverse disciplinary action
against an employee.
Written Warning. A written warning is used for the first infraction of a minor policy or
procedural violation. A written warning will be documented on the City's Discipline form
and kept in the employee's personnel record for a period not to exceed twelve [12]
months unless the employee receives additional disciplinary action during the twelve [12]
month period. This warning should include additional counseling, training, feedback,
instruction, and /or direction. The employee may attach a written rebuttal. A copy of the
warning shall be given to the employee at their request.
Written Reprimand. This action is normally administered for two [2] or more minor
infractions or the first time that an infraction of a more serious magnitude occurs. The
written document shall describe the deficiency or infraction involved, review any
83
information concerning previous verbal counseling's, outline the behavior that is
expected in the future, and state the likely consequences for further unsatisfactory
performance or conduct. A written reprimand will be documented on the City's Discipline
Form and kept in the employee's personnel record. The employee may attach a written
rebuttal. Written reprimands are not eligible for deferment and should not be kept by the
supervisor or the department for any reason. A copy of the reprimand shall be given to
the employee at their request.
Nothing in a written reprimand shall be viewed as altering the City's At -Will status or as
creating a contract of employment, express or implied, or as a guarantee of employment
for a specific duration.
Probation and Performance Improvement Plans. Chronic performance or behavioral
issues may result in an employee being placed on probation. All employees placed on
probation will receive a Performance Improvement Plan (PIP). The PIP should identify
deficiencies in behavior and /or performance, provide a methodology for improvement,
and establish a timetable in which performance must be improved. The minimum period
for a PIP is thirty (30) calendar days but may be longer depending on the circumstances
of the probation. With the assistance of HR, the immediate supervisor will set the terms
and conditions of the PIP, including the length of the probationary period.
An employee may also be placed on a PIP in the following situations:
• If an employee does not meet expectations at the end of their evaluation
period(s); or
• If the employee is not meeting the performance standards for a particular task
at any time during the evaluation period, the supervisor has the option of
placing the employee on a PIP. Supervisors must apply the same practice to all
similarly situated employees.
The original PIP remains with the supervisor until the completion of the PIP period and a
copy is given to the employee. A copy of the plan must be attached to the appraisal
document that is submitted to Human Resources. At appropriate progress check points
during the PIP period, the supervisor and employee shall meet to discuss the employee's
progress, training needs, performance standards and expectations, and future action
items. The supervisor must document the employee's progress and a copy shall be kept
with the PIP document.
If an employee fails to meet the terms of the PIP at any time during the probationary
period, the employee may face disciplinary action up to and including termination. If an
employee fails to maintain performance standards once the probation has concluded, an
84
additional opportunity for an employee to improve performance through a PIP may not
necessarily be repeated. Disciplinary action up to and including termination may result
without an additional PIP.
If an employee's performance has not improved at the conclusion of the PIP, the
supervisor may determine that additional time is warranted to achieve the objectives, or
that performance is such that further disciplinary action is necessary.
Administrative Leave. Use of paid administrative leave is restricted to instances in which
the presence of the employee will impede an investigation or adversely affect safety,
security, or normal business functions in the workplace. If a supervisor determines paid
Administrative Leave might be necessary, approval from Human Resources and the
appropriate Assistant City Manager is required. The supervisor will inform the employee
that they are being placed on administrative leave pending further notice. The employee
will follow all instructions provided by the supervisor in regard to regularly checking with
the supervisor and remaining available as required. The employee shall turn in all keys
and equipment and shall not act in any official capacity for the city while they are on
Administrative Leave. The employee should remain available for the City to contact and
provide further instructions pertaining to returning to work or completing an
investigation. Administrative Leave is a result of an investigation, recommended action
resulting from the investigation must be approved by the Department Head, Assistant
City Manager and the Human Resources Department.
Demotion. A demotion is a change in duty assignment of an employee to a position in a
lower pay grade. A reduction in pay may occur with a demotion. Demotions may be made
for the following purposes:
• A voluntary assumption of a less responsible position;
• A reasonable accommodation for an employee with a disability;
• As a result of a reclassification of the employee's position;
• As a disciplinary measure because of unsatisfactory performance in a higher
position; or
• Budgetary constraints
Voluntary Demotions. The City will attempt to transfer employees wishing to demote to
their previous position or a position in a lower pay grade when the transfer does not
adversely affect the City's interests or the interests of other employees and the employee
is qualified for the position. The following terms shall govern voluntary demotions:
a. If the employee is not satisfied in their new position during the first ninety (90)
days of the probationary period, the employee may request a transfer back to the
former position or a position in a lower pay grade, provided the employee's
85
former position or position in question is vacant and the affected Department
Head and Human Resources approve the transfer.
b. Should the employee fail to successfully complete their probationary period and
their former position or position in question is no longer vacant, the employee
may be separated from the City employment.
Suspension. Suspension may be applied in cases of damage or losses of City property,
gross negligence in the administration of the job being performed, or last course of
discipline prior to termination. A suspension results in time off without pay for one work
day /shift or longer. An employee may be suspended without pay for a period of not less
than one (1) work day /shift and not more than thirty (30) calendar days.
Termination. Termination is the conclusion of employment with the City. Such action is
usually reserved for a most severe violation of a rule, regulation, policy, procedure or law;
for continued occurrences of minor offenses; or for failing to correct behavior that has
resulted in previous disciplinary action. The City reserves the right to proceed with
termination without first pursuing progressive discipline.
Removal from the Workplace. When issues of serious misconduct that warrant
immediate removal from the workplace arise, the employee is required to leave City
property immediately. The employee shall surrender all keys, equipment, tools, and any
other property belonging to the city.
Serious Misconduct. Serious Misconduct, defined as conduct that has a substantial
negative impact on the organization, public or individual employee, may be grounds for
immediate removal from the workplace and /or termination of employment. Any conduct
which could have an adverse effect on the City, on the confidence of the public in the
integrity of the City government, or on the relationship of the employee and other
employees will be considered serious misconduct. Examples of serious misconduct
subject to removal from the workplace or termination of employment include, but are
not limited to:
• Conviction of a felony or theft, or other crime involving moral depravity
• Careless destruction of public or private property
• Lying to a supervisor
• Falsification of employment applications or work records
• Being under the influence of, consumption of, or possession of un- prescribed
drugs, alcohol, or contraband while on the job or while operating a City vehicle
• Failure to pass a drug screening examination or refusal to submit to a drug
screening when requested
86
• Unauthorized possession of weapons or contraband while on City premises
(not including any public or private driveway, street, sidewalk or walkway,
parking lot, parking garage, or other parking area), in city vehicles or while on
City business except for authorized police personnel
• Assault, threat of assault, or fighting on City property
• Violation of the City's Harassment and Sexual Harassment Policy
• Violation of the City's Civility Policy
• Insubordination
• Sabotage of City property
• Making terroristic threats
• Knowingly violating safety rules and standards
• Failure to cooperate in an investigation when directed to do so
• Using an official position, uniform, or identification card for personal benefit
• Failure to report for work or call in for three (3) consecutive days
• Failure to report any on- the -job accident or any accident involving City
property
Documentation. Supervisors /Department Heads are strongly urged to document
performance and /or behavioral problems demonstrated by their staff members for the
sake of providing effective and specific coaching, counseling, training, feedback, and
resources to staff on a regular basis. When necessary, documentation can also assist
supervisors /Department Heads in effectively disciplining staff using the appropriate
forms provided by the HR Department.
Final Disciplinary Decisions. When demotion, suspension, or termination of an employee
is recommended, the Department Head or their designee will take the following steps:
• Before a Department Head makes a final decision on any disciplinary action
involving demotion, suspension, or termination, they shall hold a disciplinary
conference with the affected employee. At the meeting, the employee may
respond with relevant facts that might impact proposed disciplinary action.
• The Department Head shall consult with Human Resources or designee and
the appropriate Assistant City Manager before taking adverse action against
an employee resulting in demotion, suspension, or termination. The Human
Resources Director or designee must approve any adverse action before it can
be implemented.
• If a Department Head's decision results in demotion, suspension, or
termination of an employee, the appropriate Assistant City Manager shall
inform the City Manager of the decision.
• Once a decision is made, the Department Head will notify the employee in
writing of the decision. The written decision will indicate the following:
87
o The disciplinary action (if any) to be taken and the effective date of the
action.
o An explanation of why the discipline is being implemented, such as
policy violation.
o If the action is suspension or demotion, the written decision must
contain the conduct or behavior resulting in discipline and a statement
indicating such act(s) must not be repeated. The written decision
should also indicate what further action will result if the employee fails
to show and maintain satisfactory improvement.
o If the action is termination, the Department Head or designee will
deliver the termination notification directly to the employee with an
HR representative present.
o A copy of the written decision will be given to the employee. The
decision will become a permanent part of the disciplinary record and
will be maintained in the employee's personnel file in the Human
Resources Department.
While Department Heads are encouraged to follow the above steps, failure to follow
these steps will not negate disciplinary action. An employee may be terminated at any
time with or without cause and /or notice. The above procedures are discretionary and do
not apply to new employees during their initial probationary period or to seasonal or
temporary employees.
Disciplinary Appeals Process
Appeal to City Manager
Regular full -time or part -time employees, who are suspended for more than three (3)
work days, demoted, or terminated may appeal the disciplinary action taken in
accordance with the following rules. The disciplinary appeals process is used at the
discretion of the City Manager or their appointed representative, and in no way negates
the "At -Will" status of any City employee.
Appeal Requests
An employee, who has received a suspension, demotion, or termination, has five (5)
business days from receipt of notice of such action to submit a request for appeal. All
appeals must be submitted in writing to the Human Resources Department. All written
appeals must state the grounds for appeal. Written appeals may, at the request of the
employee, request a face -to -face appeal hearing with the City Manager and a
representative from Human Resources. The Human Resources Department, upon review
88
by the City Manager or their appointed representative, will schedule all formal appeal
hearings.
Decision of the City Manager
Upon completion of any necessary investigation and appeal review, the City Manager or
their appointed representative will submit a written decision to the Human Resources
Department within five (5) business days of the completed investigation and formal
hearing. The Human Resources Department will notify the employee, the Department
Head, and the appropriate Assistant City Manager of the decision. The decision of the City
Manager or their appointed representative is final.
The formal appeal process outlined in this policy does not apply to employees during their
probationary period as a new hire, temporary /seasonal employees, or volunteers.
Special Provisions. The disciplinary appeals process does not apply to employees during
their initial probationary period as a new hire.
The City Manager or their appointed representative reserves the right to accept, overturn,
or amend any formal disciplinary measures in order to preserve the integrity of the City,
its administration, and its citizens. The City Manager also reserves the right to render
immediate decisions without consultation of this policy when it is deemed to be in the
best interest of the City.
END OF PART V
SECTION VI
���] e�: 7e�� [�I� «7�I►�ii�►�ilJ�i]�L►�iI���1
6.1 Separation from Employment
Employment by the City may end as a result of resignation, retirement, reduction in force,
administrative termination, abandonment of employment, termination or death.
6.1.1 Resignation
Employees are encouraged to provide a written minimum two -week notice of resignation
to facilitate a smooth transition out of the City. If the employee fails to provide a written
resignation but gives a verbal resignation, the Department Head shall document the
verbal resignation by sending an email to Human Resources, with carbon copy to the
employee when applicable. Resignations are considered accepted once they have been
submitted either in writing or verbally. Employees who provide less than two weeks'
notice are not generally eligible for rehire for a period of three (3) years immediately
following separation date, but special circumstances may be considered on a case -by -case
basis by the Assistant City Manager and /or City Manager at the time of separation and
documented in the employee's personnel record.
When an employee provides two weeks' notice of resignation, the City reserves the right
to provide the employee with two weeks' pay and an immediate release from
employment where job or business needs warrant. Such a decision should not be
perceived as reflecting negatively on the employee. The Department Head shall provide
recommendation of an immediate release from employment upon receiving the two
weeks' notice of resignation, which must be approved by the Assistant City Manager.
An employee may only seek to rescind their resignation by submitting a written request
to their Department Head stating the reason(s) for rescinding their resignation. The
decision of whether to allow a resignation to be rescinded must be approved by the
Department Head and Assistant City Manager. Resignations will generally not be allowed
to be rescinded, but may be considered in certain circumstances based on the length of
tenure of the employee, the past performance of the employee, current status of the
employee, and reason for resignation (with deference given to personal significant
circumstance).
6.1.2 Retirement
Employees are encouraged to provide written notice of retirement as early in advance as
possible to facilitate a smooth transition out of the City. Employees who provide less than
two weeks' notice of retirement are not generally eligible for rehire for a period of three
.,
(3) years immediately following separation date, but special circumstances may be
considered on a case -by -case basis by the Assistant City Manager and /or City Manager at
the time of separation and documented in the employee's personnel record.
An employee may only seek to rescind their notice of retirement by submitting a written
request to their Department Head stating the reason(s) for rescinding their notice of
retirement. The decision of whether to allow a notice of retirement to be rescinded must
be approved by the Department Head and Assistant City Manager. Notices of retirement
will generally not be allowed to be rescinded, but may be considered in certain
circumstances based on the length of tenure of the employee, the past performance of
the employee, current status of the employee, and reason for retirement (with deference
given to personal significant circumstance).
6.1.3 Reduction in Force
It may become necessary to reduce the number of persons employed by the City. Tenure,
most recent performance ratings and criticalness of the position are factors that will be
used in determining the employees that will be released from employment first.
Employees with a favorable employment record who have been released from
employment due to a reduction in force may be given preference in the event of a vacancy
for other positions at the City.
6.1.4 Administrative Termination
An employee may be administratively terminated for being unable to return to work full -
duty with reasonable accommodation, if applicable, following the end of an approved
leave of absence, the exhaustion of all available leave, or the exhaustion of the maximum
leave of absence allowed, or for other unusual circumstances. Employees who are
administratively terminated may be eligible for rehire.
6.1.5 Employment Abandonment
Any employee absent from their job for three (3) consecutive scheduled work days
without an authorized leave of absence will be considered automatically to have
abandoned their employment and to have voluntarily resigned.
6.1.6 Termination
In accordance with the City's Discipline Policy, termination can occur for a variety of
reasons, including but not limited to unsatisfactory performance and /or misconduct. The
City retains the right to terminate employment at any time with or without reason or
a
notice, regardless of the stated frequency for payment of wages or salary (per month, per
year, etc.). No promises to the contrary will be binding on the City unless placed in writing
and formally approved by the City Manager. Nothing in these guidelines is intended to
be, nor should be construed as, a guarantee that employment will be continued for any
period of time. Termination for cause generally results in ineligibility for rehire. Exceptions
to this must be approved by the City Manager.
6.1.7 Death
If an employee passes away while employed by the City, Human Resources will locate
beneficiary designations and initiate the separation process following normal procedures.
Arrangements will be made for return of City property and personal property to
beneficiary. The City will comply with applicable state and federal tax law regarding final
pay for the deceased employee.
6.1.8 Return of City Property
Employees are required to turn in keys, ID badge, City- issued equipment and uniforms,
and any other property of the City to their Department Head, their designee, or Human
Resources prior to or on their effective separation date. If an employee fails to return
such property, the City may, at its option, withhold the value of such property from the
employee's final paycheck, but in no event shall an employee's compensation be reduced
below the required minimum wage.
6.1.9 Use of Leave After Notice
Employees who have provided notice of retirement /resignation may be allowed to use
accrued leave to extend the length of their employment up to four (4) weeks. This does
not apply to newly hired employees still in their probationary status. Only compensatory
time and vacation may be used to extend employment. If a holiday occurs during an
employee's leave after notice, it will be recorded as a paid holiday. Requests for leave
after notice will be processed and handled in the same manner as all other leave requests,
based upon schedules, workload and operational need.
END OF PART VI
92