04-22-2008 AgendaSCHERTZ CITY COUNCIL REGULAR SESSION MUNICIPAL COMPLEX COUNCIL CHAMBERS 1400 SCHERTZ PARKWAY BUILDING #4 SCHERTZ, TEXAS 78154 AGENDA TUESDAY, APRIL 22, 2008 AT 6:30 P.M. AMENDED AGENDA
CALL TO ORDER INVOCATION AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. HEARING OF RESIDENTS This time is set-aside for any person who wishes to address
the City Council. Each person should fill out the Speaker’s register prior to the meeting. Presentations should be limited to no more than 5 minutes. The presiding officer, during the
Hearing of Residents portion of the agenda, will call on those persons who have signed up to speak in the order they have registered. ANNOUNCEMENTS • General Announcements on meetings/events
attended and upcoming events (Council) • General Announcements on meetings/events attended and upcoming events (Mayor) PRESENTATION • Presentation and consideration and/or action regarding
the Certified Annual Financial Statement FY 2006-2007. REGULAR AGENDA 1. Minutes -Consid?eration and/or action regarding the approval of the minutes of the Regular Meeting of April
15, 2008. 2. Ordinance No. 08-D-22 – Consideration and/or action approving an ordinance amending Section 86-115 of the Schertz Code of Ordinances revising maximum limits on specific
streets (Ripps-Kreusler) and providing a repealing clause. Final Reading (B.Todd) 3. Sanitation Services Agreement – Consideration and/or action regarding the renewal of the Sanitation
Services agreement with the City of Schertz and Comal County. (L. Truitt) 4-22-08 Council Agenda
4. Ordinance No. 08-M-23 -Consideration and/or action approving final reading an ordinance appointing the City Secretary and Deputy City Secretary as the designees for the officer for
public information; and other matters in connection therewith. Final Reading (D. Taylor) 5. Resolution No. 08-R-17 -Personnel Manual – Consideration and/or action approving resolution
No. 08-R-17 revising the City of Schertz Personnel Manual. (D. Dykes) 6. Bid No.08-PW-11-C-01 – Consideration and/or action awarding a bid for the Aviation Heights Water Line Upgrades
Phase 1A Project #11266301. (S. Willoughby) 7. Resolution No. 08-R-19 -Fund Raising Consultant Contract – Presentation and consideration and/or action approving Resolution No. 08-R-19
for a Fund Raising Consultant Contract for the new Library. (G. Douglas) PUBLIC HEARINGS AND ORDINANCE APPROVAL 8. Ordinance No. 08-S-24 -ZC2008-003 -Conduct a public hearing and consideration
and/or action upon a request to rezone 96.608± acres from Residential Agricultural District (R/A) and General Business District (GB) to General Business District (GB). The property is
located at the northwest intersection of IH-10 and FM-1518. (T. Rhodes) DISCUSSION AND POSSIBLE ACTION 9. City Council Board Liaison Practices –Discussion and consideration and/or action
regarding the activity and practice of maintaining Council liaisons to City boards, committees and commissions. (M. Carpenter) 10. City Hall Renovations -Discussion and consideration
and/or action regarding the proposed City Hall Renovation. (L. Truitt) This item was presented on 4/15/08 – being brought back for details. ANNOUNCEMENTS – CITY MANAGER AND STAFF • General
Announcements on meetings/events attended and upcoming events EXECUTIVE SESSION Called under Section 551.071 Litigation; Section 551.072 Texas Government Code -Deliberation regarding
the purchase, exchange, sale, lease, or value of real property and Section 551.074 – Deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal
of the City Manager. 4-22-08 City Council Agenda Page -2 -
RECONVENE TO REGULAR SESSION 11. Take any action deemed necessary as a result of the Executive Session. ADJOURNMENT CERTIFICATION I, BRENDA DENNIS, CITY SECRETARY OF THE CITY OF SCHERTZ,
TEXAS, DO HEREBY CERTIFY THAT THE ABOVE AGENDA WAS POSTED ON THE OFFICIAL BULLETIN BOARDS ON THIS THE 18th DAY OF APRIL, 2008 AT 9:00 A.M., WHICH IS A PLACE READILY ACCESSIBLE TO THE
PUBLIC AT ALL TIMES AND THAT SAID NOTICE WAS POSTED IN ACCORDANCE WITH CHAPTER 551, TEXAS GOVERNMENT CODE. Brenda Dennis BRENDA DENNIS, TRMC, CMC CITY SECRETARY I CERTIFY THAT THE ATTACHED
NOTICE AND AGENDA OF ITEMS TO BE CONSIDERED BY THE CITY COUNCIL WAS REMOVED BY ME FROM THE OFFICIAL BULLETIN BOARD ON _____DAY OF _______________, 2008. ____________________________Title:____________
_____________ c . This facility is accessible in accordance with the Americans with Disabilities Act. Handicapped parking spaces are available. If you require special assistance or have
a request for sign interpretative services or other services please all 619-1030 at least 24 hours in advance of meeting 4-22-08 City Council Agenda Page -3 -
4-22-08 City Council Agenda Page -4 -COUNCIL ASSIGNMENTS Mayor Baldwin Liaison -Schertz Seguin Local Government Corporation Liaison -Schertz Historical/Preservation Committee Interview
Board for Boards and Commissions Investment Advisory Committee ASA Commuter Rail District Board Councilmember Wilenchik Investment Advisory Committee Liaison -Schertz Chamber of Commerce
Liaison -Board of Adjustments Audit Committee Interview Board for Boards and Commissions Liaison – TIRZ II Board AACOG Advisory Committee AACOG Economic Development TML Board of Directors
TML Municipal Revenue & Taxation Committee Councilmember Fowler Liaison -Schertz Economic Development Corporation Liaison -Parks & Recreation Advisory Board Interview Board for the Boards
and Commissions Councilmember Carpenter Liaison -Library Advisory Board Liaison -Planning and Zoning Commission Liaison -50th Year Anniversary Committee Liaison -Schertz Youth Commission
Liaison – TIRZ II Board Councilmember Scagliola Liaison -Transportation Safety Advisory Advisory Commission Liaison -Schertz Humane Society Alternate Interview Board for Boards and Commissions
Liaison – Schertz Sweetheart Court Mayor Pro-Tem Trayhan Liaison -Schertz Housing Authority Audit Committee
Agenda No. 1 CITY COUNCIL MEMORANDUM City Council Meeting: April 22, 2008 Department: Administration Subject: Minutes BACKGROUND On April 15, 2008 a Regular Meeting of the City Council
was held at the Municipal Complex Council Chambers, 1400 Schertz Parkway Building #4. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of the April 15, 2008 Minutes
ATTACHMENT Minutes 4-15-08
City Council Regular Meeting April 15, 2008 144 MINUTES REGULAR MEETING April 15, 2008 A Regular Meeting was held by the Schertz City Council of the City of Schertz, Texas, on April
15, 2008, at 6:30 p.m., in the Municipal Complex Council Chambers, 1400 Schertz Parkway, Building #4, Schertz, Texas. The following members present, to-wit: Mayor Hal Baldwin Mayor Pro-Tem
John Trayhan Council Member David Scagliola Council Member Jim Fowler Council Member Tony Wilenchik Council Member Michael Carpenter Staff Present: City Manager Don Taylor Assistant
City Manager John Bierschwale Assistant City Manager David Harris City Secretary Brenda Dennis CALL TO ORDER REGULAR MEETING Mayor Baldwin called the meeting to order at 6:30 p.m. INVOCATION
AND PLEDGES OF ALLEGIANCE TO THE FLAGS OF THE UNITED STATES AND STATE OF TEXAS. Council Member Carpenter gave the Invocation followed by the Pledges of Allegiance to the Flags of the
United States and State of Texas. HEARING OF RESIDENTS Mayor Baldwin recognized the following: • Frances Rushing, President of the Schertz Chamber announced the following: Attended the
TML seminar on Tourism last week, and commended the EDC department for their participation with the Chamber in putting together gift bags for all the attendees. That evening she attended
the TML Region VII meeting and expressed that she is very proud to be representing the City of Schertz and the Schertz Chamber. She has accepted a position of vice-president of development
for the new SCUCISD Foundation Board. A new member reception for Chamber members will be held tomorrow night. This is a new program, and the Chamber plans a reception every quarter recognizing
new members. Great responses for our first event, 60 RSVP’s have been received. The Chamber luncheon will be April 25, 11:30 a.m., in the Schertz Civic Center. Penny Powers will be the
speaker. July 4th Jubilee updates on the new schedule and the proposed admission fees on certain days of the event.
City Council Regular Meeting April 15, 2008 145 Meet the candidate forum at the Community Center is schedule April 20, from 6 p.m. to 8 p.m. • Brenda Dennis, City Secretary reminded
everyone of the upcoming May 10, 2008 Joint Election with the Schertz, Cibolo Universal City ISD. She stated that early voting will begin Monday April 28, 2008 and ends Tuesday May 6,
2008, and will be held at the Elections Annex Office, 1101 Elbel Road, Ste. 7 Schertz, Texas on May 10, 2008. Election Day voting will be held at the Schertz Community Center from 7
a.m. to 7 p.m. Schedules are available on the City’s website. • Ted Myers, Kung Jung Mu Sul of Schertz, came forward inviting everyone to participate in an auction to raise money for
their students and families who have been invited to represent the United States in a competition with over 2,000 competitors from around the world, as part of the USA Tae Kwon Do Team.
• David Harris, Assistant City Manager introduced Miss Fiesta, Ashley Mayle who came forward and thanked the city for their support. ANNOUNCEMENTS Council General Announcements: Mayor
Pro-Tem Trayhan • Mentioned he attended the April 10, 2008 TML Region VII meeting that was hosted by the City of Schertz and thanked the staff for their efforts in making it a success.
He also mentioned he attended the Schertz Housing Authority meeting on Monday. Council Member Fowler • Mentioned he also attended the April 10, 2008 TML Region VII meeting and also thanked
staff. He mentioned at the last meeting he had concerns regarding the award of a contract for the pool, since then he has received information from staff and is fully satisfied. Council
Member Scagliola • Mentioned he also attended the April 10, 2008 TML Region VII meeting and also thanked staff. He stated that all in attendance congratulated the city for its success
and that even the Mayor of Kerrville commented that the City of Schertz had set the bar very high. -Mentioned he needed to report some voting irregularities, he believes that there was
some ballot stuffing going on in regards to the Grackle King contest. That Grumpy ballot box is overflowing. Council Member Wilenchik • Mentioned that as the TML Board Directors representative
he volunteered the City of Schertz to host the TML Region VII over a year ago. He thanked all the staff for their hard work in making it a great success. He stated that there were over
101 in attendance which represented over 26 cities.
City Council Regular Meeting April 15, 2008 146 Council Member Carpenter • Thanked everyone involved in the success of the recent TML Region VII meeting. He also mentioned he attended
the Planning and Zoning Commission meeting last week and reminded everyone of the up coming training session on April 28, 2008 at 6 p.m. in the Council Chambers for the Planning and
Zoning Commission and the Board of Adjustments Commission and invited the Council to attend. -Council Member Carpenter also mentioned the Grackle King contest and that his candidate
for Grackle King would be Mr. Richmond since he has the love for the birds, but that he didn’t have a ballot box, therefore he had to vote for Grumpy. Items by Mayor • Mentioned the
great success of the recent TML Region VII meeting that was hosted by the City. Mayor Baldwin stated that the bar was set very high for the Mayor of Kerrville, which will be hosting
the next meeting and baited him with the idea of hosting a golf tournament which might bring a higher number for attendance. -Mayor Baldwin announced that the Historical Preservation
Commission will be meeting this Thursday, at the City Council Conference room at 6:30 p.m. -Mayor Baldwin mentioned that Chase Bank will be hosting “Family Day” in Prickle Park on April
19, from 10 a.m. to 3 p.m. recognizing military families. Mayor Baldwin mentioned that Item #15 would be moved to the beginning of the agenda. DISCUSSION AND POSSIBLE ACTION 15. Resolution
No. 08-R-16 – Discussion and consideration and/or action on approving two development agreements in connection with the development of approximately 458 acres located within the extraterritorial
jurisdiction of the City of Schertz, Texas naming a member of the Board of Directors of the Crestmark Public Improvement District and other matters in connection therewith. (M. Spain)
Mayor Baldwin recognized City Attorney Michael Spain who introduced this item pointing out the issues of the agreement answering questions from Council. Mr. Spain recognized David Earl,
Attorney for Crestmark Homes SA, LLC who came forward further explaining this item answering questions from Council. After considerable discussion Mayor Baldwin recognized Council Member
Carpenter who moved seconded by Mayor Pro-Tem Trayhan to approve Resolution No. 08-R-16 authorizing the City Manager to execute two development agreements in connection with the development
of approximately 458 acres located within the extraterritorial jurisdiction of the City of Schertz, Texas naming a member to the Board of Directors of the Crestmark Public Improvement
District, and other matters in connection therewith. Vote was unanimous. Motion Carried
City Council Regular Meeting April 15, 2008 147 REGULAR AGENDA 1. Minutes -Consideration and/or action regarding the approval of the minutes of the Regular Meeting of April 8, 2008.
Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved, seconded by Council Member Carpenter to approve the minutes of April 8, 2008. Vote was unanimous. Motion Carried 2. Bid Award
08-PK-10-A-02 – Consideration and/or action awarding a bid to YMCA of Greater San Antonio for a Swimming Pool Management Agreement. (G. Logan) This item was presented on 4/8/08 – being
brought back for details. Mayor Baldwin recognized Parks & Recreation Director George Logan who introduced this item answering questions from Council. Mr. Logan stated that at the last
meeting Council had some questions as well as legal concerns. Mr. Logan stated that the City Attorney has reviewed and revisions have been made to the agreement. Mayor Baldwin recognized
Mayor Pro-Tem Trayhan who moved, seconded by Council Member Scagliola to approve awarding the bid to YMCA of Greater San Antonio for a Swimming Pool Management Agreement. Vote was unanimous.
Motion Carried 3. Bid No. 08-PW-09-D-01 – Consideration and/or action awarding a bid for the E. Aviation Low Water Crossing Drainage Improvements. (S. Willoughby) Mayor Baldwin recognized
Public Works Director Sam Willoughby who introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Fowler who moved, seconded by Council Member Scagliola
to award the bid to Winco Contractors in the amount of $427,691.56. Vote was unanimous. Motion Carried 4. Ordinance No. 08-D-18 – Consideration and/or action approving an ordinance amending
Section 86-115 of the Schertz Code of Ordinances revising maximum limits on specific streets and providing a repealing clause. (Baptist Health Drive) Final Reading (B. Todd) Mayor Baldwin
recognized Police Chief Steve Starr who stated that there had been no changes to the ordinance since the first reading. Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved seconded
by Council Member Scagliola to approve Ordinance No. 08-D-18 final reading. Vote was unanimous. Motion Carried 5. Ordinance No. 08-M-19 – ZC2008-003 – Consideration and/or action on
approval of final reading of an ordinance to change a street name for a portion of Ware-Seguin Road. Final Reading (T. Rhodes) Mayor Baldwin recognized Planning Director Thomas Rhodes
who introduced this item stating that no changes had been made since first reading. Mayor Baldwin recognized Council Member Carpenter, who moved seconded by Mayor Pro-Tem Trayhan to
approve Ordinance No. 08-M-19 final reading. Vote was unanimous. Motion Carried
City Council Regular Meeting April 15, 2008 148 6. Ordinance No. 08-S-20 – SUP2008-001 – Consideration and/or action on approval of final reading of an ordinance for a Specific Use Permit
to allow for residential uses on Lots 27-45, Block 3 – the future Schertz Forest Subdivision. Final Reading (T. Rhodes) Mayor Baldwin recognized Planning Director Thomas Rhodes who introduced
this item stating that no changes had been made since first reading. Mayor Baldwin recognized Council Member Carpenter, who moved seconded by Mayor Pro-Tem Trayhan to approve Ordinance
No. 08-S-20 final reading. Vote was unanimous. Motion Carried 7. Resolution No. 08-S-22 – Consideration and/or action regarding approval of a resolution establishing the fee schedule
for sign permits. (T. Rhodes) Mayor Baldwin recognized Planning Director Thomas Rhodes who introduced this item stating that when the sign ordinance was passed the fee schedule was not
attached. He stated that this is the fees associated with the sign ordinance that Council Council recently passed. Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved seconded by
Council Member Fowler to approve Resolution No. 08-S-22. Vote was unanimous. Motion Carried 8. Ordinance No. 08-H-16 – Consideration and/or action on approving final reading of an Ordinance
of the City of Schertz, Texas providing that the Code of Ordinances, for the City of Schertz, Texas, Chapter 54, Nuisances, be amended by deleting Chapter 54, Nuisances and replacing
same with a revised Chapter 54, Nuisances; providing a penalty clause; providing servability clause; providing a repealing clause; and providing an effective date. Final Reading (L.
Truitt) Mayor Baldwin recognized Director of Development Services Leonard Truitt who introduced this item answering questions from Council. Mr. Truitt stated that changes were completed
to the ordinance as requested by Council at their meeting of April 8, 2008. Mayor Baldwin recognized Council Member Wilenchik who asked if section 54-34 c could read as follows: “A vehicle
or vehicle parts covered by this Article stored by an owner on the owner’s property, if the motor vehicle or parts and the outdoor storage area are maintained in a manner so that they
do not constitute a health hazard and are screened from ordinary public view by means of a fence. Any variations from this section must have the approval of “City Council”, Council Members
concurred. Mayor Baldwin recognized Council Member Wilenchik who moved seconded by Council Member Carpenter to approve Ordinance No. 08-H-16 with the changed noted to section 54 34 c.
Vote was unanimous. Motion Carried 9. Ordinance No. 08-D-22 – Consideration and/or action approving an ordinance amending Section 86-115 of the Schertz Code of Ordinances revising maximum
limits on specific streets and providing a repealing clause. (Ripps-Kreusler) (B. Todd) First Reading Mayor Baldwin recognized Police Chief Steve Starr who introduced this item answering
questions from Council. Chief Starr stated the need to reduce the speed on Ripps-Kreusler Kreusler to 20 mph. Mayor Baldwin recognized Mayor Pro-Tem Trayhan who moved seconded by Council
Member Carpenter to approve Ordinance No. 08-D-22 first reading. Vote was unanimous. Motion Carried
City Council Regular Meeting April 15, 2008 149 10. Ordinance No. 08-M-23 -Consideration and/or action approving an ordinance appointing the City Secretary and Deputy City Secretary
as the designees for the officer for public information; and other matters in connection therewith. First Reading (D. Taylor) Mayor Baldwin recognized City Attorney Michael Spain who
introduced this item answering questions from Council. Mayor Baldwin recognized Council Member Fowler who moved seconded by Council Member Carpenter to approve Ordinance No. 08-M-23
on first reading. Vote was unanimous. Motion Carried DISCUSSION AND POSSIBLE ACTION 11. City Hall Renovations -Discussion and consideration and/or action regarding the proposed City
Hall Renovation. (L. Truitt) Mayor Baldwin recognized Director of Development Services Leonard Truitt who introduced this item answering questions from Council. Council had concerns
regarding what is in City’s reserve fund. Staff stated that would bring this information at the next meeting. No action taken. 12. City Council Board Liaison Practices – Discussion and
consideration and/or action regarding the activity and practice of maintaining Council liaisons to City boards, committees and commissions. (M. Carpenter) Council Member Carpenter asked
that this item be brought back at the next meeting due to the time that it was this evening. No action taken. 13. Fund Raising Consultant Contract – Discussion and consideration and/or
action regarding hiring a fundraising firm for the new Library. (G. Douglas) Mayor Baldwin stated that this item had been pulled from the agenda. No action taken 14. Zoning and ad valorem
tax exemptions -Discussion by City Attorney relating to zoning and ad valorem tax exemptions. Mayor Baldwin recognized City Attorney Michael Spain who stated after research relating
to zoning and ad valorem tax exemptions a proposal has been worked for Council consideration. The Council is fully discretionary when it comes to zoning changes within the city, and
can say no to any zoning change. The proposal would delete multi-family housing in any category, however this would not affect any existing multi-family zoning it would be grandfathered.
However, in some designated areas multi-family housing might be appropriate, if that is the case Council could consider approving a specific use permit. One thing to consider when it
comes to zoning change of a property is whether the property can pay its way for city services and the only way to know this is if the property is on the tax roll. If the property it
not on the tax roll during the term of specific use permit the city could impose a restriction to the property owner in two ways: (pilot payment) payment in lieu of taxes equal to taxes
paid to the city if the property were on the tax roll, or provide other benefits or services to be consider by council that would benefit residents in question or surrounding neighborhood.
City Council Regular Meeting April 15, 2008 150 Mr. Spain advised that the developer of the property would like to meet with the Mayor and the City Manger to apologize for his attorney’s
statements made at last meeting, and after speaking with the developer, Mr. Spain stated that he believes the developer would be agreeable to some type of benefit or service for the
proposed development within the City. Mayor Baldwin stated he is ready to meet. No Action Taken ANNOUNCEMENTS – ITEMS BY CITY MANAGER TAYLOR AND STAFF Mayor Baldwin recognized Assistant
City Manager John Bierschwale who reminded everyone of the upcoming May 2, Relay for Life Cancer Walk which starts at 7 p.m. at Steele High School in Cibolo. Mayor Baldwin recognized
Assistant City Manager David Harris who reminded Council and citizens that Tuesday, April 29 is the 5th Tuesday of the month and the City Council will not be holding a meeting. Mr. Harris
also reminded everyone of the April 24, 2008 Open House at the Appraisal District Office from 3 p.m. to 5 p.m. EXECUTIVE SESSION Called under Section 551.071 Litigation; Section 551.072
Texas Government Code -Deliberation regarding the purchase, exchange, sale, lease, or value of real property and Section 551.074 – Deliberate the appointment, employment, evaluation,
reassignment, duties, discipline or dismissal of the City Engineer. Council did not meet in executive session. ADJOURNMENT As there was no further action, Mayor Baldwin adjourned the
meeting at 8:55 p.m. ______________________________ Hal Baldwin, Mayor ATTEST: _____________________________________ Brenda Dennis, TRMC, CMC City Secretary
Agenda No. 2 CITY COUNCIL MEMORANDUM City Council Meeting: April 22, 2008 Department: Police Department/Streets Subject: Ordinance No. 08-D-22 – revising speed limit on Ripps-Kreusler
Final Reading BACKGROUND Consideration and/or action on approval of Ordinance No. 08-D-22 amending section 86-115 of the Code of Ordinances regarding maximum speed limits. Due to the
number of businesses and amount of traffic in this area, the streets department installed a speed limit sign of 20 mph on Ripps – Kreusler.. City Council passed this on first reading
at their meeting of April 15, 2008. FISCAL IMPACT None RECOMMENDATION Staff recommends Council approval of final reading of Ordinance No. 08-D-22 ATTACHMENT Provided in the 4/15/08 Packet
Agenda No. 3 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: April 22, 2008 Department: Inspection Department Subject: Renewal of the Sanitation Services agreement with the
City of Schertz and Comal County BACKGROUND In May of 2006 the City Council approved a two year Sanitation Services with the County. At that time City Manager Don Taylor explained that
the agreement was the same as the City has in place with Guadalupe County and added that the agreement fully complies with State mandated requirements. The City Council passed this unanimously.
The agreement will be expiring in May and needs to be renewed at this time. FISCAL IMPACT None RECOMMENDATION Staff recommends approval of the renewal agreement. ATTACHMENT Renewal agreement
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated staff recommendations are hereby approved and authorized. PASSED AND APPROVED at a regular meeting of
the City Council of the City of Schertz, Texas this 22nd day of April, 2008, at which meeting a quorum was present, held in accordance with the provisions of V.T.C.A., Government Code,
§551.001 et seq. APPROVED _________________________ Hal Baldwin, Mayor ATTEST:
__________________________ Brenda Dennis, City Secretary
Agenda No. 4 CITY COUNCIL MEMORANDUM City Council Meeting: April 22, 2008 Department: City Manager Subject: Ordinance No. 08-M-23 – Appointment of a Public Information Officer BACKGROUND
Under the Texas Public Information Act, the City has certain responsibilities regarding receipt of requests for public information and dissemination of responses as a result of those
requests. Under the Public Information Act, the “chief administrative officer” of the City is the City’s Public Information Officer. The City Manager is the City’s “chief administrative
officer”. Historically, the City Manager has delegated the obligations to comply with the Public Information Act to the Records Management Officer, Evelyn Boggess. The City Manager proposes
to change the Public Information Officer designee to the City Secretary and, in her absence, the Deputy City Secretary. The attached Ordinance makes that re-designation and directs the
City Attorney to work with the City Manager and the City Secretary to draft a set of procedures for the receipt and processing of Public Information Act requests. City Council passed
this on first reading at their meeting of April 15, 2008. FISCAL IMPACT None RECOMMENDATION Adoption of Ordinance No. 08-M-23 ATTACHMENT Ordinance No. 08-M-23 PIA Officer Memo.doc
ORDINANCE NO. 08-M-23 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS APPOINTING THE CITY SECRETARY AND DEPUTY CITY SECRETARY AS THE DESIGNEES FOR THE OFFICER FOR PUBLIC
INFORMATION; AND OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, Section 552.201 of the Texas Public Information Act states that the chief administrative officer of a governmental body
is the “officer for public information”; WHEREAS, Section 5.03 of the City of Schertz, Texas (the “City”) Home Rule Charter names the City Manager as the chief administrative officer
of the City; WHEREAS, Section 552.202 of the Public Information Act states that each department head is an agent of the officer for public information for the purposes of complying with
this chapter; and WHEREAS, the City Manager desires to appoint the City Secretary and, in the City Secretary’s absence, the Deputy City Secretary as his designee for handling matters
related to his duties as officer for public information of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION 1 The City Secretary and
the Deputy City Secretary are hereby appointed as official designees of the City Manager, in his role as officer for public information of the City. SECTION 2 The City Attorney and the
City Manager, with the assistance of the
City Secretary, are directed to prepare written procedures for the processing of Public Information Act requests by the City, and the appointments in Section 1 of this Ordinance shall
take effect when such procedures have been finalized. SECTION 3 1. All ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are hereby repealed.
2. This Ordinance shall be in force and effect from and after its final passage. [The remainder of this page intentionally left blank.] PIA Officer Ordn.doc
PASSED AND APPROVED on first reading the 15th day of April, 2008 PASSED AND FINALLY APPROVED on second and final reading the 22nd day of April, 2008. Mayor ATTEST: City Secretary [CITY
SEAL] PIA Officer Ordn.doc S-1
Agenda No. 5 CITY COUNCIL MEMORANDUM City Council Meeting: April 22, 2008 Department: Human Resources Subject: Resolution No. 08-R-17 -Personnel Handbook BACKGROUND The Human Resources
Director has worked with Stephen Romero with Fulbright & Jaworski to update the Personnel Handbook. The following substantive positions of the Handbook have been modified: 2.1.3 Selection
of Applicants 2.3.6 Electronic Communications and Computer Usage 2.3.7 Workplace Monitoring 2.3.8 Workplace Security 2.3.9 Outside Employment and Conflicts of Interest 2.3.11 Smoking
and Tobacco Products 2.6 Vehicle and Equipment Usage 3.3 Probationary Period 4.1.3 Compensation Plan 4.3.3 Sick Leave (Family definition for sick leave) 4.3.4 Family and Medical Leave
4.3.5 On-the-Job Injury Leave/Pay 4.3.6 Light Duty 4.3.11 Maximum Leave of Absence; Concurrent Leave 5.5 Promotions 6.3 Administrative Termination At the end of the Handbook the following
forms have been added: Employee Statement of Personal Computer Use Policy Employee Internet Access Request FISCAL IMPACT RECOMMENDATION Approval of Resolution 08-R-17 ATTACHMENT Resolution
of 08-R-17 Revised Personnel Handbook, blacklined against current version CCM Personnel Handbook.doc
RESOLUTION NO. 08-R-17 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A REVISED PERSONNEL HANDBOOK WHEREAS, the City Council of the City of Schertz (the “City”)
has previously adopted a Personnel Handbook; and WHEREAS, City staff and the City Attorney have determined that certain revisions to the Personnel Handbook should be implemented; and
WHEREAS, the City Council has determined that it is in the best interest of the City to adopt a revised Personnel Handbook (the “Personnel Handbook”). BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby adopts the revised Personnel Handbook in the form set forth on Exhibit A. Section 2. The recitals contained in
the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of
the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such
conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance
with the laws of the State of Texas and the United States of America. 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 such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby
declares that this Resolution would have been enacted without such invalid provision. Section 6. 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 by Chapter 551, 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. Resolution
(Personnel Handbook).doc
Resolution (Personnel Handbook).doc PASSED AND ADOPTED, this 22nd day of April, 2008. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL)
EXHIBIT A PERSONNEL HANDBOOK Resolution (Personnel Handbook).doc A-1
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook CITY OF SCHERTZ PERSONNEL HANDBOOK Updated July,April 20082006
TABLE OF CONTENTS Page Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook -i-SECTION I INTRODUCTION 1.1 The City’s Vision........................................................
....................................................I-1 1.2 The City’s Mission...........................................................................................................I-1
1.3 The City’s Values ............................................................................................................I-1 1.4 The City’s Human Resources ..................................
.....................................................I-12 1.5 The City’s Administration ...............................................................................................I-2
1.5.1 Creation of Positions............................................................................................I-2 1.5.2 Role of City Manager..................................................
........................................I-2 1.5.3 Department Heads................................................................................................I-2 SECTION II GENERAL
POLICIES 2.1 Employment................................................................................................................... II-1 2.1.1 Employment Notice ...............................
........................................................... II-1 2.1.2 Employment Application................................................................................... II-1
2.1.3 Selection of Applicants ...................................................................................... II-1 2.1.4 Nepotism; Personal Relationships ......................................
.............................. II-2 2.1.5 Medical Examination ......................................................................................... II-3 2.1.6 Age Requirements....................
......................................................................... II-3 2.1.7 Types of Positions............................................................................................
II-43 2.1.8 Residency......................................................................................................... II-43 2.2 Working Hours, Meal Breaks and Rest Breaks ...................
....................................... II-43 2.2.1 Working Hours................................................................................................. II-43 2.2.2 Lunch Breaks
..................................................................................................... II-4 2.2.3 Rest Breaks ..........................................................................
............................. II-4 2.3 Employee Conduct....................................................................................................... II-54 2.3.1 General Conduct
.............................................................................................. II-54 2.3.2 Punctuality ................................................................................
...................... II-54 2.3.3 Attendance ....................................................................................................... II-54 2.3.4 Gifts................................
................................................................................... II-5 2.3.5 Dress and Personal Appearance.........................................................................
II-5 2.3.6 Electronic Communications and Computer Usage .......................................... II-65
TABLE OF CONTENTS (continued) Page Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook -ii-2.3.6.1 Telephone and Voice Mail.......................................................
......................... II-6 2.3.6.2 Computer Use Policy ......................................................................................... II-6 2.3.6.2.1 Overview...........................
................................................................ II-6 2.3.6.2.2 Statement of Purpose ......................................................................... II-7 2.3.6.2.3
Required Actions ............................................................................... II-7 2.3.6.2.4 Policy Violations......................................................................
......... II-7 2.3.6.2.5 Licensed Software.............................................................................. II-7 2.3.6.2.6 Computer Hardware and Accessories..............................
................. II-8 2.3.6.2.7 2.3.6.2.7 Computer Virus Controls................................................................... II-8 2.3.6.2.8 Passwords.........................................
................................................ II-9 2.3.6.2.9 File Backup ........................................................................................ II-9 2.3.6.2.10 Use
of Electronic Mail ..................................................................... II-9 2.3.6.2.10.1 General Use................................................................
II-9 2.3.6.2.10.2 Prohibited Use.......................................................... II-10 2.3.6.2.10.3 Personal Use............................................................
II-10 2.3.6.2.11 Confidential Information ............................................................... II-10 2.3.6.2.12 Copyright Infringement .....................................................
........... II-11 2.3.6.2.13 Email Messages to Legal Counsel ................................................. II-12 2.3.6.2.14 Email Record Retention Policy..........................................
........... II-12 2.3.6.2.14.1 Email Records to be Retained................................... II-12 2.3.6.2.14.2 Materials That are Not Records ............................... II-12
2.3.6.2.14.3 Saving and Indexing Email Records........................ II-13 2.3.6.2.14.4 Departments NOT on the City Network .................. II-13 2.3.6.2.14.5 Requests for Public
Disclosure of Email Records.......................................................... II-13 2.3.6.2.15 Use of the Internet..........................................................................
II-14 2.3.6.2.15.1 General Use.............................................................. II-14 2.3.6.2.15.2 Prohibited Use..........................................................
II-14 2.3.6.2.15.3 Personal Use............................................................. II-15 2.3.6.2.16 Policy Definitions ......................................................................
... II-15 2.3.7 Workplace Monitoring..................................................................................... II-16
TABLE OF CONTENTS (continued) Page Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook -iii-2.3.8 Workplace Security..............................................................
............................. II-17 2.3.89 Outside Employment and Conflict of Interest ............................................... II-718 2.3.910..................................................
.............................................. Abandoned Property II-718 2.3.101............................................................................... Smoking and Tobacco Products
II-718 2.3.112.......................................................................................................Political Activity II-819 2.3.123.................................................
................................. Interaction with City Council II-819 2.3.134..............................................................................................................
Photographs II-819 2.3.145...............................................................................................Departmental Policies II-819 2.4 Substance Abuse .............................
.......................................................................... II-920 2.4.1 General Policy................................................................................................
II-920 2.4.2 Responsibilities of City Manager................................................................. II-1021 2.4.3 Responsibilities of Supervisors...........................................
........................ II-1022 2.4.4 Responsibilities of Individual Employees ................................................... II-1021 2.4.5 Procedures when a Reasonable Suspicion
Exists ........................................ II-1021 2.4.6 Procedures when an Employee Voluntarily seeks Assistance because of Substance Abuse .....................................................
.................................... II-1122 2.4.7 Confidentiality ............................................................................................. II-1122 2.4.8 Preclusion..............
...................................................................................... II-1122 2.5 Firearms and Weapons................................................................................
............ II-1122 2.6 Vehicle and Equipment Usage................................................................................. II-1223 2.7 Safety ..............................................
........................................................................ II-1223 SECTION III TRAINING AND DEVELOPMENT 3.1 Job Orientation..............................................................
............................................... III-1 3.2 Job Training ..................................................................................................................
III-1 3.3 Probationary Period ...................................................................................................... III-1 3.4 Travel, Training, and Conference Procedures
.............................................................. III-2 3.4.1 Travel Advances ...............................................................................................III-2
3.4.2 Per Diem Allowance......................................................................................... III-2 3.4.3 Air Travel...............................................................
.......................................... III-2 3.4.4 City Vehicles.....................................................................................................III-2 3.4.5 Personal
Vehicles..............................................................................................III-3
TABLE OF CONTENTS (continued) Page Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook -iv-3.4.6 Official Long Distance Calls ....................................................
....................... III-3 3.4.7 Registration Fees...............................................................................................III-3 3.4.8 Car Rental ............................
............................................................................III-3 3.4.9 Accompaniment by Spouses .............................................................................
III-3 3.4.10 Procedures for Reimbursement......................................................................... III-3 3.4.11 Tuition Reimbursement .................................................
.................................. III-4 SECTION IV COMPENSATION AND BENEFITS 4.1 Pay Procedures.......................................................................................................
......IV-1 4.1.1 Determining Salaries.........................................................................................IV-1 4.1.2 Pay Policy ...................................................
.....................................................IV-1 4.1.23 Pay PolicyCompensation Plan ..........................................................................IV-1 4.1.34 Deductions
from Pay.........................................................................................IV-1 4.1.45 Overtime Pay .............................................................................
....................IV-21 4.1.56 Compensatory Time-off....................................................................................IV-2 4.1.67 Stand-By Pay ....................................
...............................................................IV-2 4.2 Employee Benefits ........................................................................................................IV-2
4.2.1 Retirement Income Plan....................................................................................IV-2 4.2.2 Life Insurance, Long-Term Disability, and Health Coverage ..................
.....IV-32 4.2.3 Workers’ Compensation ...................................................................................IV-3 4.2.4 Uniforms .........................................................
.................................................IV-3 4.2.5 Employee Assistance Program .........................................................................IV-3 4.3 Holidays, Vacations,
and Leaves..................................................................................IV-3 4.3.1 Holidays .......................................................................................
....................IV-3 4.3.2 Annual Vacation Leave.....................................................................................IV-4 4.3.3 Sick Leave.........................................
.............................................................IV-65 4.3.4 Family and Medical Leave..............................................................................IV-76 4.3.4.1
Eligibility .............................................................................................IV-7 4.3.4.2 Definition of Family Obligations.................................................
.......IV-7 4.3.4.3 Definition of Family Obligations for Military Care ............................IV-7 4.3.4.4 Serious Health Condition...............................................................
.....IV-7
TABLE OF CONTENTS (continued) Page Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook -v-4.3.4.5 Duration of FMLA Leave .........................................................
..........IV-9 4.3.4.6 Intermittent FMLA Leave....................................................................IV-9 4.3.4.7 Benefits While on FMLA Leave............................................
.............IV-9 4.3.4.8 Return to Work ..................................................................................IV-10 4.3.5 On-the-Job Injury Leave/Pay.....................................
..................................IV-910 4.3.6 Light Duty.......................................................................................................IV-12 4.3.67 Bereavement
Leave.......................................................................................IV-131 4.3.78 Jury Duty....................................................................................
..................IV-131 4.3.89 Military Leave...............................................................................................IV-141 4.3.910............................................
..........................................................Recording Leave IV-114 4.3.101.....................................................Maximum Leave of Absence; Concurrent Leave
IV-124 SECTION V EMPLOYEE/LABOR RELATIONS 5.1 Prohibition Against Discrimination ...............................................................................V-1 5.2 Prohibition Against
Harassment ....................................................................................V-1 5.3 Disagreement Procedures.........................................................................
.....................V-2 5.4 Employee Evaluations ...................................................................................................V-2 5.5 Promotions ...............................
..................................................................................... V-2 5.6 Transfers ...............................................................................................
........................ V-3 5.7 Disciplinary Action and Appeal................................................................................... V-43 5.7.1 Types of Disciplinary Action.............
............................................................. V-43 5.7.2 Appeal................................................................................................................
V-4 5.8 Personnel Records.......................................................................................................... V-5 5.9 At-Will Employment ........................................
............................................................V-5 SECTION VI END OF EMPLOYMENT 6.1 Resignation ..........................................................................................
........................VI-1 6.2 Layoff...........................................................................................................................VI-1 6.3 Administrative
Termination..........................................................................................VI-1 6.4 Employment Abandonment ..................................................................
.......................VI-1 6.5 Dismissal/Discharge .....................................................................................................VI-1 6.6 Return of City Property..............
..................................................................................VI-1
TABLE OF CONTENTS (continued) Page Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook -vi-Employee Statement of Personal Computer Use Policy Employee Internet Access
Request Employee Acknowledgement (for receipt of Personnel Handbook)
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 with the City must be in writing, approved by the City Council, and signed
by the City Manager. Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook 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 many of the policies, rules, compensation arrangements, and benefits which apply to all employees of the
City. Please note that some City Departments have additional rules, policies, and procedures, and each employee should discuss those matters with his or her supervisor. Please read this
handbook carefully and keep it handy for future reference. One of each employee’s first responsibilities is to be familiar with its contents. This handbook is only a summary of City
policies, however, so please review it with your supervisor, the Human Resources Department, or the City Manager if you have any questions. There will likely be a need from time to time
to change procedures and policies to accommodate changes in the City. Therefore, the following procedures and policies are subject to change without prior notice. The City Manager’s
office will endeavor to keep all employees up to date as procedures and policies change. The policies presented in this handbook apply to all City employee positions, except as otherwise
noted. The 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 of City boards and commissions,
except when specifically referred to. This handbook is a cooperative effort by the City Manager and the City staff, and it has been approved by the City Council.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook I-1 SECTION I INTRODUCTION 1.1 The City’s Vision* “We, the residents of Schertz, seek to establish our community
as one which is founded upon a core group of values and faith in our ability to achieve our goals. We envision a Schertz that is recognizable for its character, its places, its rich
history, its people, and its possibilities. We envision a community that responsibly manages its resources by growing wisely, with an eye on continued quality of life. Our Schertz will
be one which is proficient in green spaces and public facilities, accessible by walking or by car, neighborly, safe, and a place where residents can live, work, shop, and play. We envision
a community that looks to its past in pride and its future with anticipated vision and drive. Ours is a vision for future generations of Schertz residents. We are a community that dares
to dream and dares to succeed.” 1.2 The City’s Mission* To provide courteous, responsive, and efficient services in the areas of public safety, public works, information, recreation,
administration, and planning, achieved through the joint efforts of the City’s residents and its elected and appointed officials and employees. 1.3 The City’s Values* The City achieves
its vision and mission by promoting the following values for its employees and customers: • Encouraging safety for all in a healthy and safe environment • Supporting continuity from
the past to the future • Honoring our environment by treasuring and preserving it • Promoting excellence through a strong economic base and quality public services to enhance our citizens’
quality of life • Delivering the highest level of services and public facilities • Working together to fulfill aspirations while managing challenges • Promoting zest for life and fostering
pride, spirit, and participation 1.4 The City’s Human Resources The City’s success as an organization depends in large part on its human resources—City officials, administrators, and
employees. Because of the importance of people to the City’s * Source: The City of Schertz Comprehensive Land Plan.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook I-2 success, City officials and administrators are focused on the development and maintenance of an informed,
well trained, enthusiastic, and efficient employee base. 1.5 The City’s Administration 1.5.1 Creation of Positions Other than those positions established by State law or the City Charter,
all positions in the City are created by the City Council. 1.5.2 Role of City Manager Except for tasks reserved to the City Council by law (including the City Charter) and to certain
other City officials whose responsibilities are set forth in 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. Specifically, the City Manager • is responsible for effective personnel administration; • appoints
and disciplines City employees consistent with this handbook, City ordinances, the City Charter, and State and Federal law and at his or her discretion authorizes the head of any City
Department
to appoint and remove employees from such Departments; • works with Department heads and supervisors to develop and promote employee training programs; and • performs all other appropriate
duties and exercises all other appropriate powers in personnel administration. 1.5.3 Department Heads Department heads, under the jurisdiction of the City Manager, are responsible for
conducting the business of their Departments. They are expected to set an example of ethical and moral conduct. Subject to the City Manager’s supervision, they are also responsible for
enforcing the rules and regulations contained in this handbook, assisting employees in interpreting policies in cases where clarification is needed, and providing assistance and advice
to employees to maintain consistent compliance with these rules and regulations. END OF PART I
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-1 SECTION II GENERAL POLICIES 2.1 Employment 2.1.1 Employment Notice When a job opening is anticipated, the
head of the Department with the job opening notifies the City Manager. Prior to public advertisement of the job opening, a job opening notice is distributed by the City Manager to all
Department heads for posting on Departmental bulletin boards. Public notice of the job opening may be given concurrently with the Departmental notices, or it may be given if no applications
are received from City staff or their associated reserves. When the City Manager determines that an opening must be filled immediately, emergency placement may be made by the City Manager.
2.1.2 Employment Application All applicants for City employment, including in some cases transfers at the request of the employee, are required to fill out job application forms. Applications
must be filled out in full and signed. The accuracy of the information contained in in the application form is certified by the applicant’s signature. Falsification of any information
contained in an employment application is grounds for rejection of the applicant and/or termination of employment. All applications for employment are kept in the City’s central personnel
file. 2.1.3 Selection of Applicants If the position being filled is one of a police officer or an employee in a supervisory capacity, the City Manager may designate a panel to interview
applicants, but the City Manager will make the final hiring decision. For all other positions (except in the Police Department, Fire Department, and Emergency Services Department, which
have their own hiring procedures), after a position has been advertised the required length of time and the final date for accepting applications has expired, either the City Personnel
Human Resources Department or, in some cases, the Department head will initially review and screen the applications, verifying experience, references, and/or any other information that
may be required to identify the more qualified applicants. If the Personnel Human Resources Department does this review, it will then submit the top applicants to the Department head
for final selection interviews and final selection. The Department head will make a final, non-binding recommendation of employment to the City Manager. In all cases, the City Manager
is the final authority for all hires.. At any time, the City Manager may direct a hiring panel to review applications for any position. This may or may not be at the request of the Department
head. Panels will consist of at least three persons appointmented by the City Manager’s Office. If the position being considered is a non-supervisory position, panel members must be
in a supervisory position or higher. If the position being considered is a Director or Department head, the panel will consist of the City Manager and both Assistant City Managers. The
City Manager may appoint elected
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-2 officials to sit on panels for Director or Department head positions. In all cases, the panel makes a non-binding
recommendation to the hiring authority who then submits a final non-binding selection to the City Manager. If a panel member is pulled from the panel due to unforeseen circumstances
prior to the day of the interview, the interviews may be rescheduled to allow for full panel participation. If on the day of the interview, a panel member is pulled away for unforeseen
circumstances, the interviews will continue with the remaining panel. When current employees are considered for a position, copies of the last three performance appraisals will be included
in the application package sent to the Department head. If a panel is formed, the Human Resources staff will prepare an interview package for each panel member consisting of the application
and the last three performance appraisals. Unless expressly waived by the City Manager (this may not be delegated to an assistant City Manager), employees with a rating of “1” on any
area of the most recent performance appraisals are ineligible for consideration. 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 being applied for. The Department head determines
the applicant’s ability to carry out the physical functions of the position. A driver’s license check is required for those applicants who will be expected to operate vehicles or road
machinery. 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; • is addicted to the use of drugs or to the habitual use of intoxicating liquor to excess; •
has exercised or attempted to exercise political pressure or bribery to secure an advantage in selection; or • 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. 2.1.4 Nepotism; Personal Relationships No person related within
the second degree by affinity, or within the third degree by consanguinity to any elected officer of the City or to the City Manager, may hold any office or
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-3 position with the City. This prohibition does not apply to officers or employees who have been continuously
employed by the City for at least two (2) years prior to the election or appointment of the officer related in the prohibited degree. Members of an employee’s family* will be considered
for employment or transfer on the basis of their qualifications. Family members may not be hired or transferred within the City if employment or transfer would • create a supervisor/subordinate
relationship with a family member; • result in two (2) immediate family members employed in the same Department; • have the potential for creating an adverse impact on work performance;
or • create either an actual conflict of interest or the appearance of a conflict of interest. This policy shall also be applicable when promoting an employee. If one of the disqualifying
conditions described above should occur with existing employees, attempts will be made to find a suitable position within the City to which one of the employees will transfer. If accommodations
of this nature are not feasible, the affected employees will be consulted to determine which of them will resign or request a transfer. However, the ultimate determination as to which
employee must end employment or request a transfer shall be made in the sole discretion of the City. Situations which are impermissible under this policy but which existed prior to September
15, 1997 are exempt from this policy. Employees are encouraged to use discretion if they are involved in a personal relationship with another employee. If such a relationship occurs
and, in the opinion of either employee’s Department head or the City Manager, the relationship creates operational or morale problems, either or both employees may be reassigned to another
position in the Department or to another Department if such reassignment is determined by the Department head or the City Manager to be in the best interests of the City. 2.1.5 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. 2.1.6 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 * For purposes of this Section, “family” means
the employee’s parent, child, spouse, sibling, mother-in-law, fatherin-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, or any other person living in the employee’s household.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-4 the age of 18 years. Otherwise, age restrictions do not exist for any type of employment, unless specifically
stated in the job qualifications. 2.1.7 Types of Positions All employees of the City will be designated as either “regular” or “temporary” at the time of employment. Regular positions
are positions that are provided for in the annual budget. (See Section 3.3 of this handbook regarding probationary regular employees.) Temporary positions are those part-time or seasonal
positions that will be of comparatively short or limited duration. 2.1.8 Residency City Council members and the City Manager are required to live in the City. The City is a wonderful
place to live–in large part because of the City’s excellent employees, and we hope that each employee will choose to live in the City. 2.2 Working Hours, Meal Breaks and Rest Breaks
2.2.1 Working Hours The working hours for each City Department are set by the Department head. Most City employees work from 8:00 a.m. to 5:00 p.m., Monday through Friday. Although a
normal workweek for many regular employees is forty (40) working hours, this may vary as the demand for public services varies. 2.2.2 Lunch Breaks City employees generally have one hour
off for lunch. Department heads will arrange lunch schedules so that his or her Department can provide uninterrupted service to the public. 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. 2.2.3 Rest Breaks City employees generally have two fifteen-minute
rest breaks during the day, one in the middle of the morning and the other in the middle of the afternoon. Employees with varying schedules should adjust their break periods accordingly
through consultation with their supervisor. The time that is allotted for rest periods may not be applied to any other time, absence, leave, or time off. In all events, Department heads
have 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.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-5 2.3 Employee Conduct 2.3.1 General Conduct City employees should keep in mind that the taxpayers of the
City ultimately are the employers of all City employees. Since many City employees are constantly in the public eye, they should always be aware of their conduct. If a City employee
treats a citizen in a discourteous manner, this may be grounds for disciplinary action. 2.3.2 Punctuality City employees are expected to be at their jobs during the hours established
by their Department head. If the employee must be tardy or absent from duty, he or she must let the Department head or supervisor know as soon as possible and always within the time
period required by the employee’s Department. 2.3.3 Attendance City employees must not be absent from their regularly scheduled duties except as approved by their Department head. An
employee absent due to reasons beyond his or her control is responsible for contacting his or her supervisor or other designated person as soon as possible. (Individual Departmental
policies may have more specific notification requirements if an employee finds that he or she will be absent or late.) Any employee absent from his or her job for three (3) consecutive
days without an authorized leave of absence will be considered automatically to have abandoned his or her employment. As regular attendance is an essential job function, an employee
who accumulates a poor record of attendance is subject to disciplinary action. 2.3.4 Gifts No City employee may accept a gift from an individual or firm that does or may do business
with the City except in deminimus amounts approved by his or her Department head. Employees should exercise good judgment and should never accept a gift that might influence his or her
official actions or give the appearance of inappropriate favorable treatment to the persons giving the gift. Violation of this policy is grounds for disciplinary action. 2.3.5 Dress
and Personal Appearance City employees are expected to use good judgment and maintain an appropriate appearance that is businesslike, neat, and clean, as determined by the requirements
of the employee’s work area and assignment. Dress and appearance should not be offensive to City customers or other employees. Appropriate appearance includes the following: • Apparel
– Generally, employees should wear appropriate, clean, pressed business attire.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-6 • Hair – Hair should be clean, combed, and neatly trimmed or arranged. This also pertains to sideburns,
moustaches, and beards. Shaggy, unkempt hair is not permissible. • Personal Hygiene – Good personal hygiene habits must be maintained. 2.3.6 Electronic Communications and Computer Usage
2.3.6.1 2.3.6.1 Telephone and Voice Mail City telephones are to be used for business purposes to serve the interests of our customers and in the course of normal City operations. Answer
all calls promptly and courteously. On occasion, personal calls may be necessary, but the City asks employees’ cooperation in limiting them to emergencies or essential personal business
and in keeping them brief. Excessive personal calls can subject an employee to disciplinary action. The voice mail system is the property of the City and is in place to further the business
interests of the City. Employees shall have no expectation of privacy in any messages left or stored on the City’s voice mail system. Workplace monitoring may be conducted by the City
to ensure quality control, employee and customer safety, security, customer satisfaction, and other legitimate business purposes. To further these goals, employees who regularly communicate
with customers may have their telephone conversations monitored or recorded. For these same reasons, the City may access the voice mail of any City employee. See paragraph 2.3.7 Workplace
Monitoring. 2.3.6.2 Computer Use Policy This City of Schertz Personal Computer Use Policy has been in effect since December 1, 1999 and was revised September 1, 2007. This policy does
not supercede any state or federal laws, or any other City policies regarding confidentiality, information dissemination, or standards of conduct. This policy is not a contract and the
City reserves the right to make changes to this policy at any time. 2.3.6.2.1 Overview Personal Computers (PCs), desktop applications, email and Internet access are useful research and
and communication resources that are provided to City employees for uses related to City business. This policy is intended to prevent the misuse of an employee’s personal computer, desktop
applications, email, and Internet access, specifically as it pertains to the following unacceptable practices: • Downloading files that contain viruses which may contaminate City information
systems and databases. • Accessing objectionable or improper material through the Internet.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-7 • Use of work time to access non-work related information or to “surf” the Internet. • Dissemination of
passwords and/or access codes to unauthorized persons. • Unauthorized installation of hardware and/or software that may reduce the availability and/or maintainability of an employee’s
City-issued personal computer. Each individual 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 PC 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. 2.3.6.2.2 Statement of Purpose This policy is intended to ensure that the use of PC’s, desktop applications, email
and the Internet among City employees is consistent with City policies, all applicable laws, and the individual user’s job responsibilities, and to establish basic guidelines for the
appropriate use of such tools. 2.3.6.2.3 Required Actions Each employee must sign an “Employee Statement of Personal Computer Use Policy” affirming that he or she has received and read
a copy of this policy, and that he or she understands, acknowledges, and will abide by its contents. An executed copy of the “Employee Statement of Personal Computer Use Policy” must
be on file in the Human Resources Department prior to an employee being granted access to a PC, the City’s network, email, or the Internet. In addition, each employee requiring access
to the Internet must complete, sign, and return an Employee Internet Access Request form to his or her Department Director prior to being granted Internet access. Employee Internet access
must be approved by the employee’s Department Director and the City Manager. 2.3.6.2.4 Policy Violations Violations of this policy will be reviewed on a case-by-case basis and can result
in disciplinary action. Such action may include, but not be limited to, verbal warning, formal reprimand, loss of income associated with damages to City property, and termination. 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 email and/or Internet, which are of a criminal nature,
may be referred for criminal prosecution. 2.3.6.2.5 Licensed Software It is the City’s policy that only fully licensed software purchased and installed by the City shall be used by City
employees for City business. Licensed means the City
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-8 has purchased the number of software licenses required for the number of users, as specified by the manufacturer.
• An employee cannot purchase or install any software (including screensavers) on his or her PC. Approved software will be installed on PCs and/or the network by the Information Technology
Department. Employees may present their request for any additional software other than what is provided to the Information Technology Department. • The City Secretary’s Department will
keep on file copies 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. Civil penalties
for organizations and individuals that break the copyright law can be as high as $100,000 for every copyright infringed. Commercial piracy of software is a felony offense with penalties
including prison terms of up to five years and fines of up to $250,000 for making 10 or more copies with a value exceeding $2,500. 2.3.6.2.6 Computer Hardware and Accessories It is the
City’s policy to protect its employees and PCs, monitors, printers, accessories, cabling, and power supplies from harm, damage, or loss. • Employees are prohibited from tampering with,
connecting, adding, installing, disconnecting or removing any hardware or accessories from or to his or her PC. Employees may present their request for any additional hardware other
than what is provided to the Information Technology Department. • The purchase of any PC hardware or accessories without prior authorization by the City Manager or his designee is prohibited.
• The employees shall be liable for the cost of any damage to or loss of City property brought about by the employee’s failure to adhere to this policy. 2.3.6.2.7 Computer Virus Controls
It is the City’s policy to make all reasonable efforts to protect PCs and network systems from possible computer viruses. Virus detection software is purchased by the City as part of
each PC’s standard software applications. The virus detection software will be set automatically to scan the PC’s disk drives each time the PC is powered on, or when files are copied
to or from the PC. Each employee is responsible for his or her computer files and for insuring that the following precautions are complied with to limit the City’s exposure to damage
from computer viruses.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-9 • No employee shall disrupt, “turn-off”, or otherwise tamper with the PC virus detection software. • Any
employee who identifies a virus on his or her PC or network server shall discontinue all attempts to access the affected file and immediately notify his or her supervisor and the Information
Technology Department. • Employees shall make every effort to avoid reading, moving or copying files to or from any electronic media (disk, CD, DVD, flash drive, etc.) that was received
from an unknown source. 2.3.6.2.8 Passwords Employees must consider the safety and security of the City’s computer systems at all times. Employees shall not disclose or share passwords
for any City computer or network, with any unauthorized person, nor attempt to obtain or disclose any other user’s password without authorization. Passwords shall be changed at a minimum
of twice a year, or when any event places the security of the system in question. Employees may change passwords more often if they wish. 2.3.6.2.9 File Backup It is the City’s policy
to make all reasonable efforts to frequently backup its data files in order to protect the files from loss due to catastrophic events, including but not limited to hardware failure.
All PC files shall be, by default, stored or saved to network drives. The City will insure that all files stored on network drives are backed up on a regular schedule. Each employee
is responsible for insuring that the following precautions are in place to limit the City’s exposure to damage associated with the loss of critical data files. Employees are responsible
for backing up all data stored on their PC’s local hard drive. At a minimum, such backups are to be made on a weekly basis. 2.3.6.2.10 Use of Electronic Mail The efficient utilization
of 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 email system
properly and in accordance with this policy. This policy applies to email used conjointly with the Internet, and does not supercede any state or federal laws, or any other City policies
regarding confidentiality, information dissemination, or standards of conduct. 2.3.6.2.10.1 General Use • Employees have no right to privacy with regard to email. • Management has the
ability and right to view any employee’s email.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-10 • 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. 2.3.6.2.10.2 Prohibited Use • Racist, sexist, threatening, or otherwise
objectionable language is strictly prohibited. • Email should not be used for any personal monetary interests or gain. • Employees should not subscribe to mailing lists or mall services
strictly for personal use. • Email messages and the transfer of information via the Internet are considered public records and may not be secure. As a general rule, no confidential information
shall be transmitted via email. • No employee without specific authorization from the City Manager or his designee shall read, alter, or delete, any other person’s email. This applies
regardless of whether the computer’s operating system permits these acts. • No employee shall intercept, eavesdrop, or alter any other employee’s or person’s email message. • No employee
shall misrepresent his or her affiliations or job title or responsibilities on an email message. • No employee shall adopt another person’s password or attempt to send email anonymously
or by using another person’s password or email address. Employees shall not disclose their Internet password to any other employee without authorization. 2.3.6.2.10.3 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 if the following conditions are met:
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-11 • Personal use of email is a privilege, not a right. As such, the privilege may be revoked at any time
and for any reason. Abuse of the privilege may result in appropriate disciplinary action. • Personal email should not impede the conduct of City business; only incidental amounts of
employee time – times comparable to reasonable coffee breaks during the day – should be used to attend to personal matters. • Personal email should not cause the City to incur a direct
cost in addition to the general overhead of email. Consequently, employees, upon receiving personal email, should read it and delete it. No storage or printing of personal email is permitted.
2.3.6.2.11 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. Confidential information should never be transmitted or forwarded to other employees inside the City who do not have a need to know the information. To
reduce the chance that confidential information may inadvertently be sent to the wrong person, employees should make sure that all email address lists used are current. The Texas Public
Information Act is complex and whether information is confidential may require review by the City Attorney. Information that could be considered confidential includes, but is not limited,
to the following: • Information from an individual’s personnel file. • Employee’s social security number, driver’s license number, home address, home telephone number and personal family
information. This could apply to anyone. • Employee medical history or claims information. • Photographs of public safety officers. • Information relating to litigation or administrative
hearings of a criminal nature. • Information that would give a competitive advantage to one competitor or bidder over another. • Information, i.e. location or price, regarding the City’s
intent
to purchase or sale real estate.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-12 • Private correspondence of elected officials. • Trade secrets, commercial or financial information of
outside businesses. • Information relating to the regulation of financial institutions or securities. • Information the City may obtain from businesses in regard to environmental audits.
Employees should not send email messages that contain confidential information; if there is a doubt, do not send it. Copies of email messages can be placed on back up or other systems,
and under certain circumstances, accessed by others without a need to know the information. Employees should keep in mind that email is often an inappropriate means of communicating
confidential information. Employees should minimize inadvertent disclosures and not access email messages for the first time in the presence of others. Messages should not be left visible
on the monitor when the employee is away from his or her desk. 2.3.6.2.12 Copyright Infringement The ability to attach a document to an email message for distribution greatly enhances
the risk of copyright infringement. An employee can be liable for the unauthorized copying and distribution of copyrighted material through email systems. Employees are prohibited from
copying and distributing via email any copyrighted material of a third-party (such as software, database files, documentation, articles, graphics files and down-loaded information) unless
it has been confirmed in advance from the appropriate sources that the City has the right to copy and/or distribute such material. 2.3.6.2.13 Email Message to Legal Counsel Email messages
that contain attorney client privileged information should never be sent to distribution lists, never forwarded to anyone else, and, subject to the City’s record retention policy, should
never be retained on a network email system. 2.3.6.2.14 Email Record Retention Policy The same rules that apply to record retention for other City documents also apply to email and to
specific areas unique to the use of email. Almost all documents on the City’s computers, including email, are public documents and may be subject to routine disclosure under Texas Public
Information Act. 2.3.6.2.14.1 Email Records to be Retained City employees have an obligation to apply the appropriate retention rules to email sent and received. Documents can be divided
into three catagories:
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-13 • Policy and historical correspondence which states or forms the basis of policy, sets important precedent,
or records historic events to the City or operations of the City. Such documents shall be retained permanently. • Program correspondence, which documents and adds significant information
to the program or primary functional responsibility of the City, within existing policy parameters. Such documents shall be retained fro the same period as the program or functional
record series to which it relates. • Routine correspondence is of a transitory or housekeeping nature that does not add significant information to the program or primary functional responsibility
of the City. Such documents shall be retained as needed and as required by the City’s record retention policy. As a general rule; email is a public record whenever a paper message with
the same content is a public record. 2.3.6.2.14.2 Materials That are Not Records Some Some messages which are not records and which employees should delete when the message is no longer
needed for personal reference are: • Internal email messages with multiple recipients that are duplicates of an original maintained by the sender if the sender is a City employee. •
Extra identical copies of documents created only for convenience of reference or research. • Notes, journals, diaries, and similar documents created for personal convenience. • Blank
forms which are archived elsewhere, and which the sender attached when sending an email message to a recipient, so long as the form is referenced in the body of the message. • Copies
of archived documents attached to email, so long as file document is referenced in the body of the email message. 2.3.6.2.14.3 Saving and Indexing Email Records The employee who is the
sender or originator of an internal email message bears the primary responsibility for determining whether or not a particular message is a record which must be saved, and ensuring the
message is properly indexed and forwarded for retention as a public record. Email that must be saved should be indexed so that it is linked to the related records in other media (paper)
so that a complete record can be accessed when needed.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-14 The employee should consult his or her supervisor for management of paper records which employee generates
and index the email message using the same filing system. Email documents needed longer than a week should be saved by the employee. These documents can be archived by saving to an electronic
folder, to a local drive, diskette, or printed and saved appropriate file. It is the policy of the City to regularly purge emails from the system in order to maintain maximum efficiency.
Any emails that you are required to maintain must be copied into your network folder. Messages older than 60 days will be automatically purged from the system. 2.3.6.2.14.4 Departments
NOT on the City Network Any department that is not connected to the City’s network but generates information through email shall provide updated documents and/or data sent or received
through email to the City’s Records Manager on a monthly basis. Forward only those documents where retention rules apply. 2.3.6.2.14.5 Requests for Public Disclosure of Email Records
If an employee receives a request from anyone other than a City employee authorized to receive the information for release of email in electronic form, the employee shall immediately
(no later than 1 business day) refer the request to the City Manager. The City Manager or his designee shall determine the appropriate material for release, and shall provide access
to electronic copies of releasable records within a reasonable time. If an employee receives a request for release of a printed copy of an email document, the same applies. 2.3.6.2.15
Use of the Internet The efficient utilization of the Internet for communications can improve employee work quality and productivity. Any employee granted Internet access is responsible
for ensuring that his or her use of the Internet is in accordance with this policy. This policy applies to any and all forms of use of the Internet, and does not supercede or limit any
state or federal laws, nor any other City policies regarding confidentiality, information dissemination, or standards of conduct. 2.3.6.2.15.1 General Use • Employee Internet access
must be authorized by the employee’s Department Director and the City Manager or his designee. A condition of authorization is that all Internet users must read and sign a copy of the
Employee Internet Access Request.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-15 Department Directors shall verify with the Human Resources Department that a signed original of this Request
is on file in the employee’s personnel file prior to granting such access. • Use of the Internet by City employees must be consistent with this Handbook regarding employee conduct and
ethical standards. • The Internet must be treated as a formal communications tool like telephone, radio, and video communications. Therefore, each individual user is responsible for
complying with this and all other relevant policies when using the City’s resources for accessing the Internet. • All use of the Internet via City equipment must be in compliance with
all applicable laws and policies (federal, state, and local laws, in addition to City policies). Internet access via City equipment, therefore, must not be illegal, improper, or illicit
purposes. • A wide variety of information is available on the Internet. Some individuals may find some information on the Internet offensive or otherwise objectionable. Individual users
should be aware that the City has no control over, and cannot therefore be responsible for, the content of information available on the Internet. • Employees have no right to privacy
with regard to Internet use. • Management has the ability and right to view any employee’s usage patterns and take action to assure that City Internet resources are devoted to maintaining
the highest level of productivity. • The Internet path record is the property of the City and therefore the taxpayers of the City. Such information is subject to the Texas Public Information
Act and the laws applicable to State records retention. • Each employee using the Internet shall identify him/herself honestly, accurately, and completely (including one’s affiliation
and function where requested) when providing, such information. 2.3.6.2.15.2 Prohibited Use • Accessing, posting or sharing any racist, sexist, threatening, obscene or otherwise objectionable
material (i.e., visual, textual, or auditory) is strictly prohibited. • The Internet should not be used for any personal monetary interests or gain. • Employees should not subscribe
to mailing lists or mail services nor participate in electronic discussion groups (i.e. list server, Usenet, news groups, chat rooms) for personal purposes.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-16 • Employees must not intentionally use the internet facilities to disable, impair, or overload performance
of any computer system or network, or to circumvent any system intended to protect the privacy or security of a computer system or network. • Resources of any kind for which there is
a fee must not be accessed or downloaded without prior approval by the City Manager or his designee. • Resources which are not clearly used for a City purpose must not be accessed or
downloaded. • No confidential information is to be transmitted via the Internet. 2.3.6.2.15.3 Personal Use Generally, Internet use should be for legitimate City business only; however,
brief and occasional personal use (i.e. surfing, browsing) is acceptable if the following conditions are met: • Personal use of the Internet is a privilege, not a right. The privilege
may be revoked at any time and for any reason. Abuse of the privilege may result in appropriate disciplinary action. • Personal use of the Internet should not impede the conduct of City
business; only incidental amounts of employee time – time periods comparable to reasonable coffee breaks during the day – should be used to attend to personal matters. • Personal Internet
use should not cause the City to incur a direct cost in addition to the general overhead of an Internet connection; consequently, employees are not permitted to store or print personal
Internet material. 2.3.6.2.16 Policy Definitions Employee – An individual employed by the City on a part-time, fulltime, regular, temporary or internship basis is considered an employee
for the purpose of this policy. Computer Committee – A group, which may be appointed by the City Manager, that serves as liaison between the Information Technology Department and City
employees, relating to the technical assistance, support and policy issues for the computer needs of the City. Management – The City Manager, Department Directors or designees of either.
Records Manager – The designated records custodian for all records, who establishes standards and procedures to ensure the integrity of all records retained. Information Systems Administrator
(ISA) – An employee, company or that company’s representative which the City has assigned or contracted to make information systems recommendations and provide computer hardware and
software technical support, integration, and network administration.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-17 Objectionable/Improper Material – Pictures, posters, calendars, graffiti, objects, promotional materials,
reading materials, or other materials that are sexually suggestive, sexually demeaning or pornographic, racist. Personal Computer – A Personal Computer (PC), notebook, computer, laptop
computer, handheld computer, Personal Digital Assistant (PDA), Mobile Data Terminal (MDT), computer workstation, information workstation, computer terminal, informational appliance;
or any device used to store, enter, retrieve, and display information. Signature Line – Lines of text automatically added to end of email messages that identify the sender. See Employee
Statement on Personal Computer Use Policy and Employee Internet Access Request forms at the end of this Personnel Handbook. Computers, computer files, the e-mail system, software, and
other hardware furnished to employees are the property of, or are licensed by, the City. They must be used for City business only. Also, employees may not copy or use City purchased
/leased software contrary to the provisions of the contact. The City prohibits the illegal duplication of software and its related documentation. To ensure compliance with the terms
of this policy, computer and e-mail usage may be monitored.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-18 The City does not want to unnecessarily or arbitrarily intrude into the communications of its employees.
However, City systems, equipment, and all communications, data, or information created, transmitted, or stored thereon are the property of the City. Accordingly, for legitimate business
purposes, the City has the right to monitor and access data created or stored on its systems and equipment. Such business purposes include, but are not limited to ensuring adherence
to the City’s policies, accessing information when the individual is not available, and maintaining or testing the system. City personnel should have no expectation of privacy with respect
to documents, e-mail messages, or any other data or information stored on the City’s systems or equipment. By using the City’s computer system, employees will be deemed to have consented
to the City’s review of any data or information stored on its systems or equipment. The City strives to maintain a workplace free of harassment and sensitive to the diversity of its
employees. Therefore, the City prohibits the use of computers and the e-mail system in ways that are disruptive, offensive to others, or harmful to morale. For example, the display or
transmission of sexually explicit images, messages, and cartoons is not allowed. Other such misuse includes, but is not limited to, ethnic slurs, racial comments, off-color jokes, or
anything that may be construed as harassment or showing disrespect for others. As indicated generally above, the equipment, services, and technology provided to access the Internet remain
at all times the property of the City and are to be used for business purposes. As a result, the City reserves the right to monitor Internet traffic and retrieve and read any data composed,
sent, or received through our online connections and stored in our computer systems. Data that is composed, transmitted, accessed, or received via the Internet must not contain content
that could be considered discriminatory, offensive, obscene, threatening, harassing, intimidating, or disruptive to any employee or other person. Examples of unacceptable content may
include, but are not limited to, sexual comments or images, racial slurs, gender-specific comments, or any other comments or images that could reasonably offend someone on the basis
of race, age, sex, religion, national origin, disability, or any other characteristic protected by law. The unauthorized use, installation, copying, or distribution of copyrighted, trademarked,
or patented material on the Internet is expressly prohibited. As a general rule, if an employee did not create material, does not own the rights to it, or has not gotten authorization
for its use, it should not be put on the Internet. Employees are also responsible for ensuring that the person sending any material over the Internet has the appropriate distribution
rights. Employees who violate this policy may be subject to disciplinary action. 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 employee vehicles and employee personal effects such as lunch boxes, purses, toolboxes, desks, lockers, etc., on City premises, in personal vehicles
on City premises, or in City vehicles anywhere. Desks, lockers, and other storage devices may be provided for the convenience of employees but remain the sole property of City. Any employee
who wishes to avoid inspection of any articles or materials should not bring such items onto the
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-19 premises of the City or place them in City vehicles. 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. 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 criminal investigation),
employees of the City may not tape record any conversation they have with other City employees unless specifically authorized in writing by the other parties to the conversation or unless
the recording is openly conducted by a Department head or supervisor to preserve the contents of a business meeting. Nothing in this paragraph shall limit the City’s right to monitor
telephone call, e-mail messages and the like as specifically set for in policies 2.3.6 and 2.3.7. 2.3.8 Workplace Security 2.3.8.1 Building Security 2.3.8.1.1 Visitors All visitors to
City buildings must enter through front doors and be escorted by a City employee at all times. The only exception to this policy is established vendors who regularly provide service
from the rear of the building. Some examples of this exception are the uniform vendor, snacks vendor, coffee vendor, soda vendor, or a building maintenance vendor, (air conditioning,
electrical, etc.) These vendors must be escorted by a City employee at all times while in City buildings. Warrant Officers may escort detainees through the back door of the City Hall
building but must remain with their detainee at all times while in City Hall building. 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. Visitor Badges have been assigned to City
Hall, Police Department, EMS Department, Fire Department and Public Works along with a sign in sheet. These badges are to be assigned to anyone who will be escorted by a City employee.
At the end of the visit, the visitor badge will immediately be returned to the place where the badge was issued. If at anytime a visitor badge is missing, lost or stolen, immediately
report this to the General Services Director or General Services ManagerDirector for buildings and facilities or their designee. Also, report this to your supervisor and/or Department
Head.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-20 If a person refuses to provide their identity or cooperate with procedures at any time, employees should
notify the police or warrant officer immediately. 2.3.8.2 Employee Identification Badges Every employee of the City will be issued a City of Schertz Employee Identification (ID) Badge.
All employees will maintain their City ID Badge on their person while in the course and scope of performing their duties. It is up to the Department Head whether the employee displays
it or not while on duty outside of City facilities.. For example, Police, Fire and EMS on duty personnel are not required to wear display their badge while in uniform. Within secured
areas (all City complex buildings), unless in Uniform, all employees will display their City ID Badge. City employees visiting other City facilities are not required a visitor badge
unless; the visiting employee cannot produce a City of Schertz Employee Identification Badge. Employees who fail to follow this policy may be subject to disciplinary action. 2.3.82.3.9
Outside Employment and Conflict of Interest Engaging in outside employment for pay while being employed by the City is strongly discouraged by the City, and all such outside work must
be approved by the City Manager. City employees may engage in outside employment for pay provided such outside employment in no way interferes with the performance of their duties as
a municipal employee. A request for outside employment will not be approved if the employee makes the request while the employee is working under temporary restrictions due to a medical
condition. In addition, where outside employment has been previously approved by the City Manager, in the event that the employee either returns to work with temporary restrictions or
is not working due to a medical condition, such outside employment authorization is suspended until such time that the employee returns to work without restrictions. Under certain circumstances
and in certain Departments, the possibility exists that outside employment could cause embarrassment to the City, create awkward working conditions for City employees, or create an actual
or appearance of a conflict of interest. Employees should be aware of their Department’s policies in this regard. In no event may an employee hold a position of authority with any other
local governmental entity. “Position of authority”, as used here, means a position which gives the employee overall or final authority for the work he or she performs, but does not include
an elected position. Violation of this policy may be grounds for disciplinary action. 2.3.92.3.10 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 taken into custody by such employee on behalf of the City for the purpose of disposition in accordance with City policy and/or
ordinances.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-21 An employee locating, finding or possessing such property must, no later than the end of the next business
day, notify his or her supervisor for proper disposition of the property. The supervisor will take custody of such property and then promptly transfer custody to the proper City Department.
2.3.102.3.11 Smoking and Tobacco Products The use of tobacco products No smoking is not permitted in any City vehicle or in any City building or otherwise on City property except in
designated smoking areas. The City Manager will designate certain areas where smoking is permitted, and smoking and tobacco use must be restricted to those designated areas. Employees
who smoke are expected to respect the rights of non-smokers to be free from second-hand smoke, and they are expected to keep smoking areas clean and neat, discarding smoking and tobacco
materials in appropriate containers. Employees may leave their work areas to smoke or use tobacco products only during permitted rest breaks. 2.3.112.3.12 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 State or Federal. Employees should never feel obligated to publicly
state their opinions with regard to any political issues in order to protect their jobs or otherwise. While City employees are urged to exercise their rights as citizens and to vote
for or against, and campaign for or against propositions or candidates they support or oppose, they may not engage in any political activity—local, State, or national—while on the job.
2.3.122.3.13 Interaction with City Council As a general rule, an employee should not discuss City business operations or individual personnel matters with members of City Council unless
possible impropriety by another City official or employee is involved or unless authorized or directed to do so by his or her Department head. If a member of City Council contacts an
employee with a request for information, the employee should of course assist the Councilmember by coordinating a response through his or her supervisor. The City does not prohibit or
discourage any employee from exercising his or her rights as a citizen to speak to a member of City Council on subjects of legitimate public interest and concern. 2.3.132.3.14 Photographs
In the course of their employment, employees may, at the suggestion or direction of their supervisor or on their own, take a picture with their personal camera (which could include a
cell phone camera). 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. Employees must promptly provide such pictures, whether digital or hard copy,
to the City
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-22 through the employee’s supervisor. Employees may not retain a copy of such pictures without the written
consent of the City Manager or the City Officer of Public Information and shall under no circumstances release, distribute, show, or exhibit such pictures to any person other than the
employee’s supervisor without the written consent of the City Manager or the City’s Officer of Public Information. 2.3.142.3.15 Departmental Policies Some City Departments have developed
additional rules, policies, and standard operating procedures that supplement the provisions of this handbook. Every employee should be familiar with his or her Department’s particular
rules, policies, and procedures and should not hesitate to meet with his or her supervisor or Department head to discuss any apparent conflicts between the provisions of this handbook
and Departmental rules, policies, and procedures. 2.4 Substance Abuse 2.4.1 General Policy The City City is committed to a safe, healthy, and productive work environment for all City
personnel and to providing citizens with the highest quality service possible. The City recognizes that alcohol, drug, or other substance abuse by City employees will impair their ability
to perform properly and may adversely affect the performance, safety, productivity, and efficiency of other personnel and the City as a whole. The misuse of alcohol or legitimate drugs,
or the use, possession, distribution, or sale of illicit or unprescribed controlled drugs while on City business, at City work sites, or on City time, is strictly prohibited and may
result in disciplinary action, up to and including termination of employment. Use or distribution of alcoholic beverages on City premises is prohibited. Being unfit for work because
of use or abuse of illicit drugs, prescription drugs, or alcohol is prohibited and is grounds for disciplinary action. While this policy refers specifically to alcohol and drugs, it
is intended to and does apply to all forms of substance abuse. It shall not be a violation of this Policy for an employee with a current and valid prescription for a drug to use,
possess, or be under the influence of such drug in the manner and for the purposes prescribed, if such use does not affect the employee's performance or create a risk to the safety
of the employee or to others. Employees are responsible for learning of the possible effects of prescription and non-prescription drugs they intend to use, and they must notify their
supervisors in writing of the use of any drug with potential mind or function altering effects. Any supervisor provided with such information shall keep it confidential and share it
only with others who have a legitimate need to know. All prescriptions in an employee’s possession on the job must be in the employee's name, must be less than one year old, and must
be carried in their original containers. The City may, at its discretion, require any employee to refrain from working while under the the influence of any drug or medication or require
any such employee to obtain written authorization from a physician. Regular drug testing is not generally required by City policy. Random drug testing may be implemented or required
from time to time or in certain circumstances. Regular or random drug testing may be required, without the employee’s consent, by State or Federal law for certain
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-23 employment positions or types of positions, and drug testing may be required, with consent, if a reasonable
suspicion exists that an individual is abusing a legal or illegal substance. Determination of whether a reasonable suspicion exists is based on the judgment of the Department head and
the City Manager. Drug tests may also be required in circumstances including but not limited to following an accident in which a City employee is involved, following a “near miss” incident,
in connection with a physical examination, or to promote the enforcement of this Policy. Refusal to consent may lead to disciplinary action up to and including termination. The City
recognizes alcohol or drug dependence as a treatable condition. City employees who suspect that they are dependent on alcohol or drugs are encouraged to seek advice and to follow appropriate
treatment promptly before it affects their job performance. No person with alcohol or drug dependency will be dismissed based on a request for help in overcoming that dependency or because
of active participation in a rehabilitation program. However, such a request will not excuse or protect an employee from the consequences of any existing performance problems. Furthermore,
any person who requests assistance or participates in a rehabilitation program may be restricted from working as may be necessary to protect the interests of the City, other City personnel,
or citizens. Every reasonable effort will be made to preserve and protect the anonymity of persons who seek assistance in overcoming any alcohol or drug dependency problem. If any employee
suffering, or suspected of suffering, from alcohol or drug dependence refuses to consent to a drug test, refuses treatment, fails to respond to treatment, fails to cooperate in a recommended
course of treatment or after-care programs or fails to meet satisfactory standards of work performance, such employee is subject to disciplinary action up to and including termination.
Nothing in this policy precludes disciplinary action for poor job performance or inappropriate conduct. This policy applies to all City employees at all locations and work sites. The
support and cooperation of all our personnel is essential to our success in achieving our goal of a safe, healthy and productive work environment. 2.4.2 Responsibilities of City Manager
The City has contracted for, or otherwise engaged, a laboratory for drug testing. In addition, the City Manager may require substance abuse training for supervisors and establish recurring
education and informational programs for all employees. 2.4.3 Responsibilities of Supervisors Supervisors are sensitive to changes in employee behavior, will insure that all employees
may attend substance abuse educational programs, if offered, and are available to assist employees who come forward with drug or alcohol problems. 2.4.4 Responsibilities of Individual
Employees Employees should attend all training and education sessions concerning substance abuse and should report to their immediate supervisors whenever they are under medication of
any
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-24 kind, whether prescribed or over-the-counter, that may impact their ability to safely perform their job.
2.4.5 Procedures when a Reasonable Suspicion Exists Whenever a supervisor or Department head has a reasonable suspicion that an individual is abusing drugs or alcohol, he or she will
inform the City Manager. The City Manager and Department head will review any documentation and investigate to the extent necessary to resolve the suspicion. If a drug test is deemed
appropriate, the City Manager, with the Department head in attendance, will request that the individual consent to a drug test. If the individual consents, testing will be done immediately.
If the individual does not consent, the City Manager will determine the appropriate course of action. If the test is positive, the City Manager will determine the appropriate course
of action. If the test is negative, supervisors should endeavor to identify the cause of the original suspicious behavior, particularly if job performance or safety issues are involved.
2.4.6 Procedures when an Employee Voluntarily seeks Assistance because of Substance Abuse Any employee may approach any member of the City staff to discuss or seek assistance. Consistent
with the policies and practices and the best interests of citizens and other City employees, the City will work with any employee who voluntarily comes forward with a substance abuse
problem regarding any work-related issues. Having said this, any such employee will be held to the same performance standards as other employees, and a request for assistance shall not
excuse any prior performance failures or issues. The employee will also be referred to the City’s Employee Assistance Program. See Section 4.2.5. 2.4.7 Confidentiality To the extent
possible, the City will maintain confidentiality and discretion. Information regarding employee involvement in substance abuse treatment will be limited to those individuals directly
affected by such fact. This provision is intended to protect the individual from unnecessary or unwarranted embarrassment. In addition, employees are encouraged to come forward to seek
assistance with the assurance that confidentiality will be maintained to the extent possible. 2.4.8 Preclusion This policy is not intended to preclude disciplinary actions, up to and
including dismissal, based on less than satisfactory job performance or acceptable conduct as defined in other provisions of this handbook. 2.5 Firearms and Weapons Use or possession
of firearms and weapons is not permitted on City property including in City vehicles and in privately-owned vehicles on City property, except for employees, such as certain employees
of the police department, who are required by their licensing or job duties to carry a firearm or weapon.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-25 “Weapon” means a firearm or anything designated, made, or adapted for the purpose of inflicting death or
bodily injury, or anything that in the manner of its use or intended use is capable of causing death or bodily injury. A weapon includes, but is not limited to, the following: a club,
blackjack, nightstick, knife, brass knuckles, switchblade knife, bomb or hoax bomb, or chemical dispensing device. Firearms include, but are not limited to, handguns, machine guns, short-barrel
firearms, or zip guns. Tools issued to City employees or owned by the employee and approved by a Department head for use on the job and which may come within the literal definition of
“weapons” shall not be deemed to be weapons for purposes of this policy. The above listing of weapons and firearms is not meant to be all-inclusive. Accordingly, the City reserves the
right to unilaterally decide whether any item brought onto City property was a weapon or firearm. The City reserves the right to conduct searches and inspections of employees' personal
effects, personal vehicles on City property, City vehicles at any location, lockers, desks or work areas for the purposes of determining if any employee has violated this policy. Any
employee who fails to abide by the terms of this policy will be subject to disciplinary action. 2.6 Vehicle and Equipment Usage All City employees are reminded that City-owned vehicles,
equipment, and supplies are part of the resources that the employee must use in accomplishing his or her job. Since these resources are costly and paid for from a limited fund of money,
a conscious effort should be made at all times to ensure that these resources are properly and economically used. Employees are responsible for all hand tools, power tools, and supplies
that they use in their work. It is the employee’s responsibility to make sure that everything is kept in good condition and returned to its proper place when the job is completed. No
employee is permitted to operate City-owned vehicles, road equipment, radios, or any other equipment unless so directed by his or her supervisor. The supervisor will arrange the appropriate
training and instruction for use of such items before the employee is permitted to use the equipment. This policy is necessary to ensure that the equipment is properly used and that
the employee’s safety is protected. In all City owned vehicles equipped with computer or information technology equipment, only water for drinking is allowed. The water must be in a
cap-secured container. This is for the protection of the equipment. Any employee who is operating a City-owned vehicle or road equipment must have in his or her possession an appropriate
valid Texas Driver’s License. City vehicles and equipment are for official use only and must never be used for private business or pleasure. In the event that a City employee must use
his or her own personal vehicle for official business, he or she will be reimbursed on the basis of the established rate of reimbursement set by the City. Careful records should be kept
of any such vehicle usage. The employee should always obtain prior approval for such vehicle use. An employee who misuses or abuses any
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook II-26 City-owned equipment, whether it is a vehicle, hand tools, or any type of supplies, is subject to disciplinary
action. 2.7 Safety The City and its employees have a mutual interest in seeing that safety is part of every job. Caution should be exercised at all times while an employee is on duty.
With the safety and well being of the employees in mind, the following safety rules will be observed by City employees: • Employees may not engage in any activity while on duty that
endangers the safety of themselves or others. • Any employee who is unable to perform his or her duties safely due to illness or other disabilities must promptly notify his or her supervisor
of these conditions and request any accommodation that may allow the employee to safely perform his or her duties without undue hardship to the City. • Employees should report any unsafe
conditions to a supervisor immediately. • Employees should cultivate the habit of being cautious and should always be on the lookout for dangerous situations that may cause injury to
themselves, fellow employees, or the public. • Employees should receive proper first-aid treatment for all minor injuries immediately. Any employee receiving injuries requiring the services
of a doctor must notify his or her supervisor as soon as possible. See Section 4.3.5, Injury Leave. • Any employee involved in an accident while driving or riding in a City vehicle must
report the accident to his or her immediate supervisor. Of course, in no instance should the driver leave the scene of an accident before the police have made their investigation and
cleared the driver to leave. See Section 4.3.5, Injury Leave. • Employees should report any damage to a citizen’s property caused by a City employee in the course of his or her work
to the immediate supervisor who will notify the property owner. END OF PART II
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook III-1 SECTION III TRAINING AND DEVELOPMENT 3.1 Job Orientation Employees should receive an appropriate orientation
when they begin working for the City. The employee’s Department head or a designated representative will provide the new employee with the necessary information to understand his or
her job, its relationship to the overall structure and function of the City government, and the personnel policies of the City. 3.2 Job Training The training of any new employee is the
responsibility of the Department head for whom he or she will be working. Whenever possible, new employees will receive on-the-job training under the close supervision of management.
3.3 Probationary Period New employees are required to serve a probationary period of one (1) year before being designated as regular employees. Upon recommendation of the Department
head, however, the probationary period may be waived or extended (to a maximum of fifteen (15) months) months) by the City Manager. While a new employee is serving his or her probationary
period, the Department head will observe the employee’s work and will train and aid the new employee in adjusting to his or her position. Performance feedback evaluations for new employees
may be done at any time and is recommended six (6) months following the date of hire. A formal performance evaluation for compensation consideration will be conducted at the end of the
probationary period. Formal performance evaluations for compensation consideration are required annually or after the probationary performance evaluation is completed, if the probationary
period is extended beyond one year. See Section IV Compensation and Benefits, paragraph 4.1.3 Compensation Plan and Section V Employee Labor Relations, paragraph 5.4., Employee Evaluations.
During the probationary period, the Department head, after consultation with the City Manager, may dismiss any employee whose performance is determined not to be satisfactory. Two weeks
weeks prior to the end of the probationary period, the new employee’s immediate supervisor will make a performance appraisal for the Department head, who will forward a written report
recommending retention or termination to the City Manager. A new employee must earn a satisfactory rating to become a regular employee of the City. An additional probationary period
of up to three (3) months (for a maximum probationary period of fifteen (15) months) may be authorized by the City Manager, upon the written recommendation of the new employee’s Department
head, if the employee has not earned a satisfactory rating at the end of the initial probationary period and if the Department head believes that the employee has the potential of becoming
an asset to the City. An employee serving his or her probationary period may be terminated at any time, for any reason. Similarly, any employee who becomes a regular
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook III-2 employee remains an at-will employee of the City and may be terminated at any time, with or without notice
or cause. The City Manager may establish similar probationary periods for persons employed as Department heads. Employees serving the initial probationary period accumulate vacation
leave and sick leave the same as non-probationary regular employees. Vacation leave during the first six (6) months of probation will not be authorized except at the discretion of the
Department head for significant personal events in the employee’s life. Vacation time is allowed after six (6) months of probationary employment (see Section 4.3.2). Sick leave may be
authorized for probationary employees under the following conditions: (1) such sick leave is specifically authorized by the City Manager with the written understanding that, should the
employee not complete the first six (6) months of the probationary period, the amount paid for sick leave will be deducted from the employee’s final paycheck, provided that such reduction
will not be made in the event the failure to complete the probation period is a result of reduction in force or to the extent the reduction would cause the probationary employee’s pay
to be less than the minimum wage; or (2) after six (6) months of probationary employment to the extent that the employee has accrued sick leave time (see Section 4.3.3). 3.4 Travel,
Training, and Conference Procedures 3.4.1 Travel Advances If travel expense advances are to be obtained, requests should be made on forms required by the Finance Department, and the
employee’s Department head must forward the employee’s request to the City Manager for consideration. If approved, the City Manager will forward the request to the Finance Department
for processing. 3.4.2 Per Diem Allowance The per diem allowance shall cover actual expenses for lodging, meals, tips, and transportation between the place(s) where business is conducted
and where lodging and/or meals are provided, but not to exceed the amounts approved from time to time by the City Council. In instances where actual expenses exceed the maximum per diem
allowable, written approval must be obtained from the City Manager before such payment can be made. In computing per diem expenses for travel continuing over a 24-hour period, the calendar
day (midnight to midnight) will be the unit. For travel of less than 24 hours or if lodging is not required, the per diem rate should be adjusted downward to only reflect costs for meals
and other incidentals. 3.4.3 Air Travel If possible, employees will travel in “coach class” flight status. First-class or businessclass flight passage is allowed only in instances where
the first-class or business-class travel
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook III-3 serves the best interest of the City, as approved by the City Manager. Round trip tickets should be purchased
if possible and if it is financially advantageous to the City to do so. Unused transportation tickets must be returned to the City’s Finance Department. 3.4.4 City Vehicles When automobile
is the chosen mode of transportation for travel, City-owned vehicles are to be used if available. If feasible and convenient to do so, employees should pool their vehicle transportation,
particularly on short trips involving several employees. 3.4.5 Personal Vehicles City employees may use private automobiles for travel only in cases where a City-owned vehicle is not
available. In such cases, the employee will be reimbursed at the reimbursable expense rate per mile allowable by Internal Revenue Service regulations, as in effect from time to time.
Mileage should be computed from the latest official map published by the Texas Highway Department for trips made inside the State. Mileage driven outside of the State will be computed
from the latest official maps published by the American Automobile Association. When personal automobiles are used, total mileage to be considered for reimbursement shall in no case
exceed the cost of first-class air passage if such service is available. The payment of such mileage will be based on the most direct route from the point of departure to the point of
destination. 3.4.6 Official Long Distance Calls Charges for long distance telephone calls on official business will be allowed provided that the call is charged to the appropriate Department’s
telephone number used for long distance calls. 3.4.7 Registration Fees Conference and/or training registration fees approved by the City Manager will be paid in full by the City in addition
to per diem allowance. 3.4.8 Car Rental If a car is rented while an employee is traveling, it must be the most practical means of transportation available. 3.4.9 Accompaniment by Spouses
When the City Manager determines that it is appropriate in order to properly represent the City, spouses may accompany the employee on official City business. The spouse’s expenses will
be reimbursed on the same basis as the employee’s expenses.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook III-4 3.4.10 Procedures for Reimbursement In order to receive reimbursement for incurred expenses, the employee
should submit the forms required by the Finance Department 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 his or her Department head who will route the forms to the City Manager. Department heads and other individuals not responsible to a Department head will
route their forms directly to the City Manager. In all cases, the City Manager’s authorization and approval is required before any travel expenses are reimbursed by the Finance Department.
3.4.11 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 Manager. 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, but the scheduling of available reimbursement,
whether first-come first served, by semester, or otherwise, shall be determined by the City Manager. Notice by an employee to the City Manager, Department head, or Human Resources that
he or she is 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. The employee must bring copies of receipts and provide a certificate evidencing course completion. Only those items required
for the training or education may be reimbursed. If the course is graded, the grade must be a C or Satisfactory, or better. Budgeted reimbursement will not be carried over from one one
City fiscal year to the next. Therefore, reimbursements are only based on funds available and used in the then current fiscal year. Employees should notify Human Resources as soon as
possible following course completion to apply for this benefit. END OF PART III
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-1 SECTION IV COMPENSATION AND BENEFITS 4.1 Pay Procedures 4.1.1 Determining Salaries The amount of compensation,
office expense, travel expenses, and any other allowances for elected and appointed City employees who are paid wholly from City funds is set each year in the budget. A classification
plan based on a system of job descriptions is maintained on file in the office of the City Manager. This plan is a guide in determining compensation. The plan involves the assignment
of a job to an appropriate class of positions based on the kind, difficulty, required skills, and responsibility of the work involved. Each class of positions has a minimum and maximum
salary based on the various job criteria, and generally, new employees are compensated at the minimum rate of their salary class, provided that the employee meets the minimum qualifications
stated in the job description for the position that he or she holds. 4.1.2 Pay Policy 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. Overtime pay and part-time pay are paid through the Friday before a regular payday, provided that the payment
requests are received four (4) days before a regular payday. It is the policy of the City to comply fully with all applicable provisions of the Fair Labor Standards Act and any relevant
state or local wage and hour laws. To that end, it is against City policy for any improper deductions to be made from the salary or wages of any employee. To the extent that an employee
suspects that an improper deduction has been made, the employee must immediately bring this to the attention of the Human Resources Manager. A full and thorough investigation will be
conducted. If it is determined that an improper deduction was actually made, the employee will be reimbursed fully for any improperly deducted amounts. 4.1.3 Compensation Plan See current
City of Schertz Operating Budget, Compensation Plan Section. 4.1.34.1.4 Deductions from Pay Normal deductions from an employee’s paycheck include the following: • a deduction for federal
income tax determined by the employee’s income and the number of dependents claimed on the employee’s W-4 forms, plus additional amounts requested by the employee; • a deduction as required
for Social Security;
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-2 • a deduction of the employee’s required contribution to the employee’s retirement plan; and • a deduction
for the employee’s contribution to the City’s health insurance program. 4.1.44.1.5 Overtime Pay Overtime compensation for non-exempt personnel will be at the rate of one and one half
(1½) times an employee’s hourly (unweighted) salary. Such compensation may be in the form of pay or, for certain positions, compensatory time off (see Section 4.1.5). Overtime will be
any hours worked beyond 40 hours in a given work week. All overtime requests must be initiated by the Department heads and approved by the City Manager. Employees are not to work overtime
without the approval of their Department Head. 4.1.54.1.6 Compensatory Time-off Certain positions of employment within the City are required to extend their normal workday in order to
participate in or assist at various meetings or events. When those events occur, it is the policy of the City to authorize compensatory time-off for the work performed beyond the normal
working hours. However, the compensatory time-off is not to be construed as an accumulative process as is vacation or sick leave, and such compensatory time must be taken within thirty
(30) days of the compensatory event. In accordance with applicable law, the appropriate supervisor or Department head, taking into consideration the prevailing workload and the amount
of time involved will grant compensatory time-off. 4.1.64.1.7 Stand-By Pay City Council has authorized some Departments to pay stand-by pay to designated employees who are on call at
designated times. 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. 4.2 Employee Benefits 4.2.1 Retirement Income Plan The City has entered into an agreement with the Texas Municipal Retirement System to provide a retirement income plan for
City employees. The plan is available for inspection in the City Secretary’s office during regular business hours. 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.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-3 The employee makes a required contribution to his or her retirement plan, and the City matches that contribution
as established by City Council. The monthly retirement pension will depend on the employee’s contributions to the system. This contribution in turn is based on the employee’s earnings
and length of employment. 4.2.2 Life Insurance, Long-Term Disability, and Health Coverage The City provides a life, long-term disability, and medical plan for full time employees and
temporary full time employees with an anticipated duration of employment of more than six (6) months. Dependent medical and/or life coverage, the cost of which is paid by the employee,
is available at the option of the individual employee. The plan is periodically reviewed by the City. 4.2.3 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. An injured employee’s Department head should be notified immediately
of any jobrelated illness or injury. The Department head will take steps to ensure that proper forms are obtained and filled out. See Section 4.3.5. 4.2.4 Uniforms The City generally
furnishes uniforms for those employees who must wear uniforms in the performance of their duties. In some Departments, employees may also have a clothing allowance relating to their
uniforms. 4.2.5 Employee Assistance Program The City has an Employee Assistance Program for full time employees. Contact Human Resources for more information. 4.3 Holidays, Vacations,
and Leaves 4.3.1 Holidays Non-exempt City employees in regular positions receive pay for a full day at their regular rate for the following authorized holidays: New Year’s Day Martin
Luther King, Jr. Day Presidents’ Day Memorial Day Independence Day Labor Day Columbus Day Veterans’ Day
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-4 Thanksgiving Day Christmas Day If one of the above holidays falls on a Saturday, City employees will celebrate
that holiday on the preceding Friday. When such a holiday falls on a Sunday, City employees will celebrate 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. Holiday pay does not include any special forms of compensation such as bonuses,
shift differentials, or incentives. Some employees will be required to work on recognized holidays in order to provide necessary service to the public. A 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 his or her normal hourly pay, unless the employee has already
worked 40 hours during the same week as the holiday, in which case overtime pay rates will will apply. To be eligible for holiday pay, an employee must be in pay status on the working
day proceeding the holiday and on the working day following the holiday. For shift workers at the City, for any hours worked on what would otherwise be a paid City holiday, the 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 his or her normal hourly pay, unless the employee
has already worked 40 hours during the same week as the holiday, in which case overtime pay rates will apply. If the shift worker is not scheduled to and does not work on the City holiday,
the employee will receive no holiday pay. 4.3.2 Annual Vacation Leave All full-time employees who have completed six (6) months of their probationary period are entitled to paid vacation
time. Temporary and probationary employees with less than six (6) months of employment are not entitled to vacation leave. Only actual workdays taken off are counted as vacation. 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 are confined to bed as a result of illness
or injury during their vacation and who secure medical documentation of the illness or injury may request that the time of illness be charged as sick leave. The request must be approved
by the City Manager. Vacation accrual for regular employees begins on their date of employment (i.e., at the end of an employee’s probationary period, the employee will have accrued
vacation leave back to the date of original employment, the beginning of the employee’s probationary period). Vacation time is accumulated at the rate of 1 day for each month of service
for employees with five or less years of continuous employment, 1.25 days for each month of service for employees with six through ten years of continuous employment and 1.66 days for
each month of service for employees with 11 or more years of continuous employment. For all fire and EMS employees who work 24 hour shifts, vacation time is accumulated at the rate of
10 hours for each month of service for employees with five or less years of continuous employment, 12 hours for each month of service for employees with six through ten years of continuous
employment and 16 hours for each month of service for employees with 11 or more years of continuous employment. Accrued
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-5 vacation time may not exceed the maximum allowable shown below. On September 30 of each year, all accrued
vacation time in excess of the amount authorized will be dropped from the vacation leave roster. Paid vacations may be taken according to the following schedule: Vacation Length of Service
Vacation Allowed Maximum Accruable Vacation Leave Forty (40) Hour Employees 1 through 5 years 12 days 24 days 6 through 10 years 15 days 30 days Over 10 years 20 days 40 days Twenty-four
(24) Hour Shift Employees 1 through 5 years 120 hours 240 hours 6 through 10 years 144 hours 288 hours Over 10 years 192 hours 384 hours Each Department head establishes an annual vacation
schedule and submits it to the City Manager. Employees will be permitted to select their vacation period based on the Departmental work load and employee’s length of service within their
Departments. The schedule will be posted within the Department. If an employee is called to work during his or her vacation, the employee will receive his or her regular pay rate, and
the vacation will be rescheduled for a later date. All requests for vacation leave in excess of two (2) days must be submitted to the respective Department head or supervisor at least
ten (10) days in advance of the desired leave. This will allow the Department head or supervisor to schedule workloads and to approve or disapprove the request. Approved requests for
vacation leave in excess of three days will be submitted to the next highest authority for review and final approval. Department heads and supervisors have the authority to give final
approval to vacation leave requests of two (2) days or less. An employee, upon termination or resignation, will receive terminal pay for his or her unused vacation time. Terminal pay
for unused vacation time is limited to the maximum authorized accrual level. The amount payable is based on the employee’s hourly salary in effect at the time of termination of employment.
The payout will be made at the employee’s regular
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-6 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. See Section 3.3 regarding vacation leave for probationary employees. 4.3.3 Sick Leave The City’s sick leave plan allows regular and 24-hour
shift employees to be away from work without loss of pay for designated periods each year 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 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 employees who work less than what is considered full time will be granted sick leave
at a rate equal to their hours worked compared to a full-time employee’s hours worked. With the approval of the City Manager, accumulated vacation time may be used to cover sick leave
if an employee becomes ill and has used all of his or her sick leave. Accumulated sick leave, however, may not be used in place of vacation leave. Department heads will report all sick
leave absences to the Finance Department who will maintain records of unused sick leave. A supervisor may ask for 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. All sick leave requests are subject to approval by the City Manager. If an employee does
not use all of his or her 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 termination or resignation. 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 will be paid according to the following schedule: * For purposes of this
Section, “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.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-7 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. See Section 3.3 regarding sick leave for probationary employees. 4.3.4 Family and Medical Leave 4.3.4.1 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. If the employee’s work site does not employ fifty (50) employees within a seventy-five (75) mile radius, the FMLA may not apply. While
the City currently meets this threshold as a covered entity, there is no guarantee that employees will remain eligible. Note, too, that in order to be eligible the 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. Employees may contact the Human
Resources Director or authorized person with questions relating to this policy and the FMLA. Final determination for FMLAFMLA eligibility will be made by City Manager if needed. 4.3.4.2
Definition of Family Obligations Under the FMLA, the City provides leaves of absence without pay to eligible employees who wish to take time off from work duties to fulfill family obligations
relating
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-8 directly to childbirth, adoption, or placement of a foster child; or to care for a child, spouse, or parent
with a serious health condition. 4.3.4.3 Definition of Family Obligations for Military Care Eligible employees can claim up to 26 weeks of unpaid leave to care for a spouse, son, daughter,
parent or “next of kin” who is a member of the Armed Services, including the National Guard or Reserves, who is “undergoing medical treatment, recuperation, or therapy, or is otherwise
in outpatient status” or on the “temporary retired disability list” for a “serious disability or illness.” Next of Kin is defined to mean “nearest blood relative of an individual.” 4.3.4.4
Serious Health Condition The City also provides leaves of absence without pay to eligible employees who are temporarily unable to work due to their own serious health condition. A serious
health condition includes an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility and
any period of incapacity or subsequent treatment in connection with such inpatient care; or continuing treatment by a health care provider. Continuing treatment by a health care provider
includes any period of incapacity due to a health condition lasting more than three (3) consecutive days, and any subsequent treatment or period of incapacity relating to the same condition
that also includes the following: 1. treatment two (2) or more times by or under the supervision of a health care provider; or 2. one (1) treatment by a health care provider with a continuing
regimen of treatment; Continuing treatment by a health care provider also includes the following: 1. any period of incapacity due to pregnancy or for prenatal care; 2. any period of
incapacity or treatment for such incapacity due to a chronic serious health condition which continues over an extended period of time, requires periodic visits to a health care provider,
and may involve occasional episodes of incapacity; 3. a period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective; or 4. any absences
to receive multiple treatments for restorative surgery or for a condition which would likely result in a period of incapacity of more than three (3) days if not treated. Eligible employees
should make requests for family and medicalFMLA leave to their Department head at least thirty (30) days in advance of foreseeable events and as soon as possible for unforeseeable events.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-9 Employees requesting family and medicalFMLA leave related to the serious health condition of a child, spouse,
or parent or their own serious health condition will be required to submit a health care provider's statement verifying the need for a family andFMLA medical leave, its beginning and
expected ending dates, the estimated time required, and appropriate medical facts regarding the serious health condition. Second or third opinions may be required at the City’s expense.
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 the City. Failure to provide the required certification may result in a delay in the start or continuation of family and medicalFMLA leave or may mean that the absence is
not covered by the FMLA. Employees returning from family and medicalFMLA leave of three (3) days or longer related to their own serious health condition may be required to submit a health
care provider's verification of their fitness to return to work. Failure to provide the verification may result in delaying the employee's return to work or may result in the termination
of employment. 4.3.4.5 Duration of FMLA Leave Eligible employees are entitled to up to twelve (12) weeks of unpaid leave for covered absences during the rolling twelve (12) month period
measured backward from the date the employee uses any FMLA leave. Eligible employees who are the spouse, parent, sibling, or child of a covered service member shall be entitled to a
total of 26 weeks “to care for the service member” and such leave shall only be available during a “single 12 month period.” 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. Accordingly, an employee could not, for example, claim 26 weeks of leave to care for an injured sibling in the military and an additional 12
weeks of leave for the birth of a child, but the employee could claim up to 12 weeks of FMLA leave which is not related to the care of his or her sibling in the military, plus additional
weeks to care for that sibling up to 26 weeks (e.g. 12 weeks of pregnancy leave plus 14 weeks of leave to care for the sibling with a qualifying military injury.) Any combination of
medical leave and family leave may not exceed this maximum limit. Employees will be required to substitute any accrued vacation time before taking unpaid family and medicalFMLA leave.
Employees will also be required to substitute any accrued sick leave before taking unpaid family and medical leaveFMLA leave for the employee’s own serious health condition, the employee’s
own pregnancy or childbirth, or to care for a sick child, spouse, or parent. 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. For all eligible employees, leave for birth and care,
or placement for adoption or foster care must conclude within twelve (12) months of the birth or placement. 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
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-10 restrictions of an employee may subject the employee to disciplinary action up to and including termination.
4.3.4.6 Intermittent FMLA Leave Under certain circumstances, eligible employees may be able to take leave on an intermittent basis. For instance, intermittent leave may be available
for the employee's own serious health condition or the serious health condition of a covered family member. Intermittent leave for birth and care or placement for adoption or foster
care is subject to the approval of the City. 4.3.4.7 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 family or medicalFMLA 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. 4.3.4.8 Return to Work So that an employee's return to work can be properly scheduled, an employee on family or medical leaveFMLA is
requested to provide the City as much notice as possible of the date the employee intends to return to work. While at least two (2) weeks advance notice is preferred, if possible, no
less than two (2) days advance notice will be required. When family and medicalFMLA 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. Some exceptions to reinstatement may apply for certain key employees. If an employee fails to return to work on the agreed-upon return date,
the City will assume that the employee has abandoned his job and may terminate his employment consistent with the City’s policies. Employees may contact the City Manager or the Human
Resources Director with questions relating to this policy and the FMLA. 4.3.5 On-the-Job Injury Leave/Pay In the event an employee is injured on the job, he or she must report that injury
to his or her supervisor immediately. In the case of a major injury in which the employee is physically unable to contact his or her supervisor, the injury shouldmust 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
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-11 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, shouldmust report the anticipated length of the absence to his or her 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 period until the employee attains maximum medical improvement. Full salary continuation is an employee’s
current semi-monthlybi-weekly net take-home pay rate less worker’s compensation benefits. If, at the 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. During the time on injury leave, the employee will not be eligible for merit raises, promotions, or other benefits including
vacation and sick leave accrual. Supervisors have certain responsibilities regarding accidents and injuries: • It is the responsibility of the respective Department head to verify all
employee absences for worker’s compensation related purposes. • Upon learning of injury, supervisors will thoroughly investigate the accident/injury and forward a report to the City’s
Personnel OfficerHuman Resources Department.. • Supervisors must report injury-related lost time on payroll sheets. • Upon returning to work, or if after returning to work the employee
later loses time related to the injury, the supervisor must notify the City’s Personnel Officer. When an employee is receiving supplementalOn-the-Job Injury pPay, such supplemental paychecks
will be issued to the employee at the Personnel Office on regular paydays or mailed to an address designated by the employee. If an employee is too ill to pick up his or her check, he
or she may designate, in writing, a member of his or her immediate family to receive the check. An employee returning to duty must, before reporting to work, provide a written release
in person to the designated City office from the attending physician 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 addition injury leave and/or hours. Upon
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-12 returning to work, pursuant to a medical doctor’s release, any non-work hours paid by workers compensation
will not be charged any vacation/sick leave. Any assigned/release hours approved work will be granted as work hours approved by the doctor shall be charged vacation/sick leave should
the employee not report to work. o Example: o 12 hours release by doctor to work o 28 hours compensated by workers compensation If out 4 hours out of the 12 due to illness, will be charged
sick leave. At the discretion of the City Manager, Aan employee on light duty who turns in the endorsed workers compensation check to the Finance Department willmay have continuation
pay for the remaining hours not worked during the week until such time that the employee reaches maximum medical improvement. See Light Duty paragraph 4.3.6. An employee forfeits continued
On-the-Job Injury Pay if he or she: • is found to be working for pay at any job not approved approved by the Department head and Human Resources Department and not specifically recommended
by the employee’s treating physician; • resigns for any reason while receiving On-the-Job Injury Pay; • is discharged for any reason while receiving On-the-Job Injury Pay; • consistently
fails or refuses to comply with or follow or consistently disregards or violates the treating physician’s instructions regarding treatment of his or her injury; • retires while receiving
On-the-Job Injury Pay; • refuses to perform light, or part-time duty when offered by his or her Department head and authorized by the treating physician; • refuses to accept or perform
a different job with the City when offered by the Personnel OffiHuman Resources Department cer that is within his or her capacity and for which he or she is qualified or will be trained;
• falsifies or misrepresents his or her physical condition or capacity while receiving On-the-Job Injury pay; • refuses or fails to return to regular duty on the working day after the
treating physician has released him or her to regular duty;
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-13 • fails to contact his or her immediate supervisor on a weekly basis and notify him or her of his or her
condition and expected return to work date; or • is injured as a result of his or her own personal negligence in the observance of safety rules as determined by the employee’s Department
or the Human Resources Department. 4.3.6 Light Duty When an employee is not able to return to his or her regular job due to temporary medical restrictions, he or she 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, the
designated City officer will contact an employee’s Department head to determine if light duty is available. Light duty may or may not be available based on the following: •When an injured
employee on worker’s compensation payment and injury leave is medically released to duty and the release calls for light duty, the designated City office will contact an employee’s Department
head to verify that light duty is available. Light duty may or may not be available based on the following: ?• nNeeds and duties of the Department; ?• cCapabilities of the employee;
and ?• eExpected length of time light duty is required. Light duty may only be allowed within the individual’s Department for a period of up to 1280 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 1820 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, the Department
head will 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 employee is
physically unable to perform the essential functions of his or her job, other actions up to and including administrative termination, may be required. When an employee’s injury will
permanently prevent him or her from performing the essential functions of his or her regularly assigned position, the Department head shouldwill first ascertain whether or not a reasonable
accommodation might be made. If not, the Department head will attempt to locate another City position for which the employee is qualified. Such position must be authorized and vacant.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-14 If not, the department should attempt to locate another suitable City position for the employee. Such position
must be authorized and vacant and the individual must be qualified to handle the position. If no positions are available and the individual is physically unable to perform the essential
functions of his or her job with or without reasonable accommodation, other actions, up to and including administrative termination, may be required. •An employee forfeits continued
supplemental pay/injury leave if he or she ?is found to be working for pay at any job not approved by the Department head and Personnel Officer and not specifically recommended by the
employee’s treating physician; ?resigns for any reason while receiving supplemental pay; ?is discharged for any reason while receiving supplemental pay; ?consistently fails or refuses
to comply with or follow or consistently disregards or violates the treating physician’s instructions regarding treatment of his or her injury; ?retires while receiving supplemental
pay; ?refuses to perform light, partial, or part-time duty when offered by his or her Department head and authorized by the treating physician; ?refuses to accept or perform a different
job with the City when offered by the Personnel Officer that is within his or her capacity and for which he or she is qualified or will be trained; ?falsifies or misrepresents his or
her physical condition or capacity while receiving supplemental pay; ?refuses to return to regular duty on the working day after the treating physician has released him or her to regular
duty; ?fails to contact his or her immediate supervisor on a weekly basis and notify him or her of his or her condition and expected return to work date; or ?is injured as a result of
his or her own personal negligence in the observance of safety rules as determined by the employee’s Department or the Personnel Office. 4.3.64.3.7 Bereavement Leave In the event of
the death of a member of the employee’s family*, the employee shall be entitled to bereavement leave of three (3) consecutive work days (or a longer period which may be approved by the
City Manager at his discretion). Bereavement leave shall be charged to the
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-15 employee’s accrued paid sick leave if available. If no accrued sick leave is available, bereavement leave
shall be charged to accrued paid vacation leave. If neither accrued sick leave nor vacation leave is available, the employee may take up to three (3) consecutive days of unpaid leave
for the purposes of bereavement. *For the purposes of this Section, “family” means the employee’s parent, child, spouse, sibling, half brother, half sister, mother-in-law, father-in-law,
son-in-law, daughter-in-law, grandparent, step grandparent, step-child, or any other person living in the employee’s household. Revised by City Council May 15, 2007. 4.3.74.3.8 Jury
Duty City employees who are called for jury duty will receive full compensation for the workdays 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. 4.3.84.3.9
Military Leave An employee of the City who presents official orders requiring his or her 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 his
or her former position or one of equal or greater responsibility, if he or she complies with all all necessary legal requirements. Revised by City Council March 6, 2007.
Personnel Handbook.doc April 2008 Handbook supercedes July 2006 Handbook IV-16 4.3.94.3.10 Recording Leave It is the responsibility of the Department head to send all leave information
to the Finance Department so that leave information can be properly recorded on the employee’s personnel record. 4.3.104.3.11 Maximum Leave of Absence; Concurrent Leave Subject to applicable
law (e.g., military leave required under State or Federal law, or extension of leave which may be required as a reasonable accommodation of a qualified individual with a disability),
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 leave periodssuch leave will only be approved in accordance with City policies and applicable law. After a
one year absence from work, because of legitimate work requirements of the City, Upon the expiration of an approved one calendar year leave of absence, an individual’s employment will
be administratively terminated, subject to applicable law. However, uUnless 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 he or she is 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 special medicalFMLA leave), such periods of leave shall be applied concurrently to all qualifying leaves of absence. END OF PART IV
April 2008 Handbook supercedes July 2006 HandbookPersonnel Handbook.doc V-1 SECTION V EMPLOYEE/LABOR RELATIONS 5.1 Prohibition Against Discrimination The City does not discriminate against
any employee because of age, race, color, religion, sex, national origin, political affiliation, or physical disability with respect to, but not limited to, employment, upgrading, demotion,
transfer, recruitment, termination, recruitment advertising, layoff, rates of pay or other forms of compensation, or selection for training. 5.2 Prohibition Against Harassment The City
does not tolerate the harassment of any employee by any other employee, customer, vendor, or other third party for any reason. In addition, harassment for reasons such as age, race,
color, religion, sex, national origin, or disability is a violation of various State and Federal laws. Accordingly, derogatory racial, ethnic, religious, age, sexual or other inappropriate
remarks, slurs, or jokes will not be tolerated. • Sexual harassment includes unwelcome sexual advances, requests for sexual favors, statements, or any other visual, verbal, or physical
conduct of a sexual nature when o submission to the conduct is made either implicitly or explicitly a condition of the individual’s employment; o submission to or rejection of the conduct
is used as the basis for an employment decision affecting the harassed employee; or o the harassment has the purpose or effect of unreasonably interfering with the employee’s work performance
or creating an environment that is intimidating, hostile, or offensive to the employee. • Each employee must exercise his or her own good judgment to avoid engaging in conduct that might
be perceived by others as sexual harassment. • Any employee who believes that he or she is or may be subjected to such objectionable conduct is urged to contact his or her supervisor,
the City Manager, or the City Secretary immediately. The City will promptly investigate complaints and, where necessary, take preventative and corrective actions. • Any employee, supervisor,
or manager who becomes aware of any such objectionable conduct by any employee, supervisor, manager, (or by anyone else, including outside vendors, when inflicted on any City employee)
must immediately advise his or her supervisor, the City Manager, or the City Secretary to assure that such conduct does not continue. • Any manager, supervisor, or employee who engages
in such objectionable conduct is subject to disciplinary action.
April 2008 Handbook supercedes July 2006 HandbookPersonnel Handbook.doc V-2 • No employee will be retaliated against for making a good faith complaint or bringing such conduct to the
City’s attention. 5.3 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 his or her
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 City Manager. The City Manager will consider, and, if necessary, investigate the circumstances of the complaint or disagreement. The City Manager will make a decision and notify
the Department head and the employee of his or her decision as soon as practical. The decision of the City Manager will be final. 5.4 Employee Evaluations Every City employee’s job performance
will be evaluated by his or her Department head at least once a year. The evaluation will generally take place in the month of the employee’s anniversary date of employment. Non-supervisory
employees are rated on the basis of the quantity and quality of work performed, work habits, relationship with co-workers, initiative, dependability, and integrity. Supervisors, in addition
to being rated in these areas, will also be evaluated on their supervisory and administrative abilities, such as cooperation from workers, delegation of assignments, and acceptance of
responsibility. The evaluation will indicate either an outstanding, satisfactory, or unsatisfactory performance. If an employee disagrees with his or her evaluation, he or she may use
the procedure set forth in the preceding Section. 5.5 Promotions Promotions may result in an increase in any one or more of salary, position, authority, and/or status. Promotions are
based upon such factors as efficiency, performance, length of service, and the superior qualifications of the person to be promoted as shown by his or her previous service and work knowledge.
No promotions will be based solely on the basis of length of service or longevity. A Department head shouldwill notify the City Manager of any vacancy that is to be filled through promotion
in his or her department. In the event a promotion will pertain to a police officer, fire fighter, or paramedic or a person who will assume a supervisory position upon receipt of a promotion,
the Department head will advise the City Manager of the recommended promotion. The City Manager will designate a representative to assist the Department head in making a decision and
submitting a nominee to the City Manager. The City Manager will be the
April 2008 Handbook supercedes July 2006 HandbookPersonnel Handbook.doc V-3 final authority for all police, fire and EMS promotions and promotions of persons to supervisory capacities.
5.6 Transfers A transfer involves a change of an employee’s assignment of employment from one area of City government to another. A transfer may be requested either by an employee or
by the Department head for whom the employee will be working. A transferred employee retains the same employment anniversary date, all accrued vacation and sick leave, and his or her
continuous service record. The following employment assignment policies will apply whenever the City approves an employee’s transfer from one area of City government to another: • If
the transfer is not performance related and is at the request of a Department head and the new employment assignment is within the same Department as the previous employment assignment,
the transferred employee will suffer no loss of pay as a result of his or her transfer. • If the transfer is not performance related and is at the request of the City Manager and the
new employment assignment is within the same Department or the new employment assignment will be in a different Department, then the transferred employee will suffer no loss of pay as
a result of his or her transfer. • If the transfer is at the request of the employee, the employment position applied for is in a different Department, and the involved Department Heads
approve the transfer, the salary for the new position may be less than previously received by the employee requesting the transfer. If it is determined that the applicant for a transfer
is qualified for the position for which he or she is applying, the City Manager will establish the employee’s salary in the new position, considering such factors as training, experience,
education, and other qualifications. The salary established by the City Manager will not be less than the entry-level salary for that position, but may be less than the employee was
receiving in his his or her previous position of employment. An employee may not request a transfer to another Department unless he or she has been an employee in the Department to be
transferred from for at least eighteen (18) months. • If the transfer is at the request of the employee and the employment position applied for is within the same Department, the Department
head will make the determination for the beginning salary in the new position. The Department head will consider such factors as training, experience, education, and other qualifications
when establishing the salary. The salary in the new position established by the Department head may be less than previously received by the employee in his or her former assignment but
will not be less than the entry level salary for the position which was applied for. Unless expressly waived by the City Manager, employees with a rating of “1” on any area of the most
recent performance appraisal are ineligible for transfer.
April 2008 Handbook supercedes July 2006 HandbookPersonnel Handbook.doc V-4 5.7 Disciplinary Action and Appeal 5.7.1 Types of Disciplinary Action Employees may from time to time be subject
to disciplinary action. As used in this handbook, and generally, the term “disciplinary action” may include a wide range of possible actions, up to and including dismissal from employment.
As a general matter, disciplinary actions will be progressive, but circumstances may indicate that strong actions be taken immediately. The City Manager will determine the appropriate
disciplinary action for any given act or omission by an employee. Although the list is not all inclusive, an employee may be subject to disciplinary action 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; • theft of City property; • inappropriate or excessive horseplay
on the job; • negligent or willful damage or waste of private or public property; • unexcused or excessive absence; • use of alcoholic beverages or illegal drugs while on duty; • habitual
tardiness or absenteeism without authorization; • violation of any policy set forth in this handbook; or • other specific actions described in this handbook. 5.7.2 Appeal Any regular
employee who is disciplined, including employees who are dismissed, has the right of appeal to the City Manager. The employee may file a written appeal with the City Manager no more
than five (5) working days after the effective date of the action of the discipline or dismissal stating fully the basis for his or her belief that the action was unjust. The City Manager
will consider and investigate the circumstances of the case. The City Manager
April 2008 Handbook supercedes July 2006 HandbookPersonnel Handbook.doc V-5 will make a decision and notify the employee of his or her decision. The decision of the City Manager is final.
5.8 Personnel Records The City Manager or his or her designated representative maintains all of Employee personnel files and records deemed necessary by the City Council. City employment
records, including personnel records, may be used by employees or Department heads only with the express authorization of the City Manager. 5.9 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 atwill 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. END OF PART V
April 2008 Handbook supercedes July 2006 HandbookPersonnel Handbook.doc VI-1 SECTION VI END OF EMPLOYMENT Employment by the City may end as a result of resignation, retirement, layoff,
dismissal or discharge, administrative termination, abandonment of employment, or death. 6.1 Resignation To resign in good standing, an employee must give his or her Department head
at least ten (10) business days notice of his or her intention to resign. 6.2 Layoff Sometimes it becomes necessary, for a variety of reasons, to reduce the number of persons employed
by the City. Layoffs can be based on a number of factors, which include job performance and job requirements. Taking into consideration relevant factors, supervisors will make recommendation
to the City Manager. Persons with the lowest ratings and in the least critical positions will be laid off first. Former employees with a favorable employment record will be given every
consideration in the event of a vacancy for other positions at the City. 6.3 Administrative Termination An employee may be administratively terminated administratively for failing to
return to work 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.if he or she does not
return to work following the end of an approved leave of absence, exhausts all available leave, or for other unusual circumstances. (See paragraph 4.3.11 Maximum Leave of Absence, Concurrent
Leave), or for other unusual circumstances. 6.4 Employment Abandonment As noted in Section 2.3.3 of this handbook, any employee absent from his or her job for three (3) consecutive scheduled
work days without an authorized leave of absence will be considered automatically to have abandoned his or her employment and to have voluntarily resigned. 6.5 Dismissal/Discharge A
dismissal or discharge is an involuntary separation from employment, which does not fall into one of the other categories. 6.6 Return of City Property Employees are required to turn
in all records and other property of the City to their Department head or another authorized person on the date their employment with the City ends. If an employee fails to return such
property, the City may, at its option, withhold the value of
April 2008 Handbook supercedes July 2006 HandbookPersonnel Handbook.doc VI-2 such property from the employee’s final paycheck, but in no event shall an employee’s compensation be reduced
below the required minimum wage. END OF PART VI
April 2008 Handbook supercedes July 2006 HandbookPersonnel Handbook.doc We welcome all newcomers and appreciate all of our seasoned employees. It is the desire of the City of Schertz
that all of our staff may have a safe and long rewarding career working for the City. We are TEAM SCHERTZ!
April 2008 Handbook supercedes July 2006 HandbookPersonnel Handbook.doc Employee Statement of Personal Computer Use Policy I, ________________________________________________, affirm
that my signature below certifies that: 1) I have received and read a copy of the City’s Personal Computer Use Policy and that I understand, acknowledge and will abide by the Policy,
2) I have been made aware of the penalties for the infringement of computer software copyright laws, including felony charges and fines of up to $250,000. 3) I understand that violations
of the City’s Personal Computer Use Policy can result in disciplinary action that may include, but not be limited to, verbal warning, formal reprimand, loss of income associated with
damages to City property, and termination. I also understand that violations of the City’s Personal Computer Use Policy or misuse of email and/or the Internet which are of a criminal
nature may be referred for criminal prosecution. Signature_____________________________________________________________ Printed Name:_________________________________________________________
Department:__________________________________Phone:___________________ Date:_________________________________________________________________
April 2008 Handbook supercedes July 2006 HandbookPersonnel Handbook.doc Employee Internet Access Request I hereby request access to the Internet. My signature below certifies that I
have read the Personal Computer Use Policy, and that I understand, accept and will abide by the provisions set forth in that Policy. Signature:________________________________________________________
____________ Printed Name:________________________________ Department____________________________________Phone:_________________________ Date:_________________________________________________________
_______________ User Email Address:____________________________________________________________ Department Director Approval:__________________________________________________ Date:__________________
______________________________________________________ City Manager Approval:________________________________________________________
April 2008 Handbook supercedes July 2006 HandbookPersonnel Handbook.doc Employee Acknowledgement The undersigned employee has received this handbook and acknowledges that he or she is
familiar with the policies set forth herein, including the following at-will employment policy of the City: 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 signed by the City Manager. ____________________________ _______________________________________
Date Employee’s Signature _______________________________________ Employee’s Printed Name
Agenda No. 6 CITY COUNCIL MEMORANDUM/RESOLUTION City Council Meeting: April 22, 2008 Department: Public Works Subject: Aviation Hts. Water Improvements (Phase I) BACKGROUND The existing
23,970 ft. of 2”-6” water mains in Aviation Heights are over 50 years old and are a combination of steel pipes joined together with lead packing gaskets or asbestos cement pipes. Phase
I is the start of a yearly replacement program to bring the system up to Texas Commission on Environmental Quality specifications. This project will eliminate flow and pressure problems
and waterline breaks in this area. This project also includes installation of fire hydrants placed at approximately 500 ft. intervals to provide adequate fire protection to residents
in this area. FISCAL IMPACT Budgeted Water & Sewer account number: 575-589000 $400,000. RECOMMENDATION Public Works concurs with Ford Engineering to recommend Council award a bid to
AJ Commercial Services, DBA ASC Paving in the amount of $189,000. ASC Paving is a wellrecognized utility contractor in the area who has completed other projects for the City of Schertz.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ: That the above stated staff Public Works recommends award the bid to AJ Commercial in the amount of $189,000.00. PASSED AND
APPROVED at a regular meeting of the City Council of the City of Schertz, Texas this 22nd day of April, 2008, at which meeting a quorum was present, held in accordance with the provisions
of V.T.C.A., Government Code, §551.001 et seq. APPROVED _________________________ Hal Baldwin, Mayor ATTEST:
City Council Memorandum Page 2 __________________________ Brenda Dennis, City Secretary
Agenda No. 7 CITY COUNCIL MEMORANDUM City Council Meeting: April 22, 2008 Department: Grants and Fundraising Subject: Resolution No. 08-R-19 -Fund Raising Consultant Contract BACKGROUND
On January 15, 2008, City Council voted to award a library construction bid in the amount of $6,497,423, which meant that the library project would be approximately $500,000 over budget.
It was determined at that time that serious fundraising efforts would be necessary. Staff reorganization resulted in extra staff time for the fundraising effort, but professional consulting
services were deemed necessary as well. The firm of Bacon Lee & Associates was contacted and representatives were interviewed twice. The firm was recommended by (i) the staff of Tye
Preston Library in Canyon Lake, where they’ve
raised 1.9 million dollars with the help of Bacon Lee & Associations, and (ii) the library director of Boerne Public Library in Boerne who reported that Bacon Lee & Associates had helped
them raise over 1 million dollars. FISCAL IMPACT The Contract is for $8,000 per month for 3 months, which is no small amount; however, if we raise the needed $500,000, then it is an
excellent investment. RECOMMENDATION It is recommended that the City Council adopt Resolution 08-R-19 authorizing a Fund Raising Consultant Contract with Bacon Lee & Associates for three
months of consultation at a total cost of $24,000. ATTACHMENTS Resolution 08-R19 Fund Raising Consultant Contract Letter from Bacon Lee & Associates CCM Fund Raising Consultant Contract.doc
RESOLUTION NO. 08-R-19 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING A FUND RAISING CONSULTANT CONTRACT WITH BACON LEE & ASSOCIATES, AND OTHER MATTERS IN
CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the “City”) has determined that the City requires consulting services relating to a capital campaign relating to
the City’s new library facility; and WHEREAS, City staff has determined that Bacon Lee & Associates is uniquely qualified to provide such services for the City; and WHEREAS, the City
is not required to seek bids or proposals with respect to this contract; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with Bacon
Lee & Associates pursuant to the Fund Raising Consultant Contract attached hereto as Exhibit A (the “Agreement”). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with with Bacon Lee & Associates in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as
a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are
hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall
be construed and enforced in accordance with the laws of the State of Texas and the United States of America. 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 such provision to other persons and circumstances shall nevertheless
be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Resolution (Fund Raising Consultant Contract).doc
Resolution (Fund Raising Consultant Contract).doc Section 6. 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 by Chapter 551,
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. PASSED AND ADOPTED, this 22nd day
of April, 2008. CITY OF SCHERTZ, TEXAS Mayor ATTEST: City Secretary (CITY SEAL)
EXHIBIT A FUND RAISING CONSULTANT CONTRACT Resolution (Fund Raising Consultant Contract).doc A-1
FUND RAISING CONSULTANT CONTRACT This Fund Raising Consultant Contract dated April __, 2008 (this “Contract”) is between the City of Schertz, Texas (the “City”) and Bacon Lee & Associates
(“Consultant”). GENERAL RECITALS WHEREAS, the City requires certain consulting services relating to a capital campaign relating to the City’s new library facility. WHEREAS, Consultant
represents that it is experienced in developing strategies that maximize donated income sources. WHEREAS, the City desires to engage the services of Consultant to provide fund raising
consultant services, and Consultant desires to provide such services pursuant to the terms and conditions included herein. NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE FOLLOWING MUTUAL
PROMISES AND THE MUTUAL BENEFITS TO BE DERIVED BY THE PARTIES HERETO, IT IS UNDERSTOOD, CONTRACTED AND AGREED AS FOLLOWS: SECTION I RELATIONSHIP OF PARTIES; STANDARD OF WORK; SERVICES
GENERALLY 1.01 The City hereby contracts with Consultant to act on the City’s behalf to provide fund raising consulting services listed on Exhibit A (the “Services”) relating to a capital
campaign relating to the City’s new library facility. 1.02 The City and Consultant agree that for any and all purposes arising under this Contract, Consultant is an independent contractor
and not an agent or employee of the City. The City and Consultant agree that their relationship arising from this Contract does not constitute a general agency, joint venture, partnership,
employment relationship, or franchise between them. 1.03 Consultant acknowledges that it will control the conduct and means of performing the work required of Consultant under this Contract.
It promises to adhere to professional standards and to complete all work in a timely manner, consistent with generally accepted procedures and the standards of Consultant’s profession.
1.04 Consultant agrees to work closely with City personnel designated by the City Manager and to keep such personnel well informed regarding the status of Consultant’s work and and upcoming
plans by Consultant under this Contract. SECTION II TERM; EXTENSION; TERMINATION 2.01 Subject to Section 2.03, this Contract shall be for a term of three months beginning on _________
___, 2008 and ending on _________ ___, 2008. 2.02 The City and Consultant may agree to further renewals hereof, upon approval by the City Council. Contract.doc 1
2.03 The City shall have the right to terminate this Contract for any or no reason, upon delivery of thirty (30) days’ prior written notice to the Consultant. Further, either party may
terminate this Contract at any time for cause or for failure of the other to comply with the terms, representations, and conditions of this Contract. SECTION III RECORDS AND REPORTS
3.01 Consultant shall keep records that reflect all Services provided to the City under this Contract. The records shall be maintained at the principal place of business of Consultant,
shall be preserved for three (3) years after the date of their preparation, and must be made available to the City upon demand. SECTION IV COMPENSATION 4.01 Consultant will be compensated
by the City for the Services provided at a rate of $8,000 per month. Payment shall be due within thirty (30) days after the City receives a complete invoice. Consultant may submit invoices
no more than once per calendar month. In the event of the termination of this Contract pursuant to Section 2.03, compensation to Consultant will be prorated through the date of termination.
SECTION V CONSULTANT’S PERSONNEL 5.01 Consultant shall provide experienced and qualified personnel as needed to perform or aid Consultant in performing the work required under this Contract.
Consultant shall be responsible for and in full control of the work performed by such personnel. 5.02 Personnel utilized by Consultant may include independent contractors and affiliates
of Consultant. SECTION VI ASSIGNMENT; BINDING EFFECT 6.01 This Contract and the rights, obligations and liabilities created hereunder shall be binding upon and inure to the benefit of
the heirs, executors, administrators, legal representatives, successors, and assigns of each of the parties hereto, but no rights, obligations or liabilities hereunder shall be assignable
or delegable by the Consultant, except as specifically permitted by Section 5.02, without the prior written consent of the City. The City may assign or delegate the rights, obligations
or liabilities created hereunder to its successor in interest without the consent of Consultant. 6.02 All obligations by either party which expressly or by their nature survive the expiration
or termination of this Contract shall continue in full force and effect subsequent to and notwithstanding its expiration or termination and until they are satisfied in full or by their
nature or within one year of termination, provided however that any obligations regarding protecting confidential information shall continue in perpetuity. Contract.doc 2
SECTION VII IMPOSSIBILITY OF PERFORMANCE 7.01 Neither the City nor Consultant shall be liable for loss or damage or deemed to be in breach of this Contract if its failure to perform
its obligations results from (a) compliance with any law, ruling, order, regulation, requirement or instruction of any federal, state or municipal government or any department or agency
thereof or court of competent jurisdiction; (b) acts of God; (c) acts or omissions of the other party; or (d) fires, strikes, embargoes, war, insurrection or riot. Any delay resulting
from any of said causes shall extend performance accordingly or excuse performance, in whole or in part, as may be reasonable. SECTION VIII INTEGRATION; MODIFICATION; SEVERABILITY; GOVERNING
LAW 8.01 This Contract embodies the entire understanding of the parties as to the subject matter hereof; there are no further or other agreements or understandings, written or oral,
in effect between the parties as to the subject matter hereof. The drafting, execution, and delivery of this Contract by the parties have been induced by no representations, statements,
warranties, or agreements other than those expressed in this Contract, and except as expressly provided to the contrary, the provisions of this Contract are for the benefit of the parties
solely and not for the benefit of any other person(s) or entities. 8.02 A waiver, alteration, or modification of any of the provisions of this Contract will not be binding unless in
writing and signed by authorized representatives of the parties to this Contract. 8.03 A determination by a court of law with competent jurisdiction that a section or any part of a section
of this Contract is void, invalid, or unenforceable for any reason, shall not render void, invalid, or unenforceable any other section or any part of any other section of this Contract.
8.04 Except to the extent governed by United States law that preempts state law, this Contract shall be governed by and construed in accordance with the laws of the State of Texas. Proper
venue for any dispute or litigation shall be only in Guadalupe County, Texas. SECTION IX NOTICE 9.01 All notices, requests, demands, or other communications affecting the terms of this
Contract shall be in writing, and shall be deemed to have been duly given if delivered in person, by facsimile or within twenty-one (21) days after deposited in the United States mail,
postage prepaid, certified, with return receipt requested. Notice shall be addressed to the parties as follows: The City: City of Schertz, Texas 1400 Schertz Parkway Schertz, TX 78154
Attention: City Manager (210) 619-1000 Facsimile No. (210) 619-1050 Consultant: Bacon Lee & Associates P.O. Box 15018 Contract.doc 3
Contract.doc 4 78212 10) 733-3502 San Antonio, TX Attention: Marion T. Lee (210) 733-0893 Facsimile No. (2
IN WITNESS WHEREOF, the parties have executed this Contract as of the date first set forth above. CITY OF SCHERTZ By: Don Taylor, City Manager BACON LEE & ASSOCIATES By: Marion T. Lee,
____________ Contract.doc S-1
EXHIBIT A Fund Raising Consulting Services to be Provided by Consultant • Develop the strategy and structure of the campaign process • Help to identify potential members of the fund
raising committee • Train City team members in solicitation methods • Assist with the development of materials to be used in tracking the campaign and solicitation of prospects • Help
identify prospects and train City team members how to cultivate donors • Help build individual donor approach strategies Contract.doc A-1
Agenda No. 8 CITY COUNCIL MEMORANDUM City Council Meeting: April 22, 2008 Department: Planning & Zoning Subject: Ordinance No. 08-S-24 – Hold a public hearing, consider and act on approval
of first reading of an ordinance amending Ordinance No. 96-S-28 being the Unified Development Code (UDC) to rezone 96.608 ± acres of land from Residential Agricultural (R/A) and General
Business District (GB) to General Business District (GB). First Reading BACKGROUND The property is generally located at the northwest intersection of IH-10 and FM-1518. The applicant
has contacted the surrounding property owners and has received positive feedback supporting any future development. This request is consistent with the Future Land Use Plan which indicates
this area is intended for commercial use. Approximate 34.128± acres of this property is currently zoned General Business District (GB); however, this area I included within the applicants
request in order to obtain an accurate legal metes and bounds description of the entire entire property. Property Attributes: Proposed Use: Undecided /Commercial Existing Use/Site Attributes:
Undeveloped/Agricultural Special District: The subject property is not in any special/overlay district. No portion of this property is within the AICUZ. County: This property is located
in Bexar County School District: The subject property is within the SCUC ISD boundaries Floodplain: No portion of this property is within the 100-year floodplain Adjacent Zoning /Land
Use: North: Zoned R-A, Use Single Family/Agricultural East: Not zoned, FM-1518 right-of-way South: Partially zoned GB-2 (metal shops), GB (commercial and residential), and IH-10 right-of-way
West: Zoned R-A and GB, Use single family/Agricultural Item 8-ZC2008-003 IH-10 and FM-1518-Zone GB.doc
City Council Memorandum Page 2 Zoning Description: General Business (GB): Intended to provide suitable areas for the development of non-residential uses that offer a wide variety of
retail and service establishments that are generally oriented toward serving the overall needs of the entire community. These businesses are usually located on appropriately designed
and attractively landscaped sites and along principal transportation corridors. ZONING Minimum Area Minimum Lot Width Minimum Lot Depth Minimum Front Yard Setback Minimum Side Yard Setback
Minimum Rear Yard Setback GB 10,000sq. ft. 100-feet 100-feet 25-feet 0-feet 25-feet Adjacent to residential Zoning 0-feet 25-feet Adjacent to residential Zoning (GB) Permitted Uses:
Airport, Heliport or Landing Field (S), Alcohol Package Sales, Antenna and/or Antenna Support Structure, Commercial (S), Antique Shop, Appliances, Furniture and Home Furnishings Store,
Art Gallery/Library/Museum, Athletic Stadium, Private (S), Automobile Parts Sales, Automobile Repairs, Major (S), Automobile Repairs, Minor, Automobile Sales New or Used, Bank, Saving
and Loan, Credit Union, Beauty Salon/Barber Shop, Bed and Breakfast Inn, Building Material and Hardware Sales, Cabinet or Upholstery Shop (S), Car Wash, Automated, Car Wash, Self Serve,
Church, Temple, Synagogue, Mosque, or Other Place of Worship, Civic/Convention Center, College, University, Trade, or Private Boarding School, Commercial Amusement, Indoor, Commercial
Amusement, Outdoor (S), Community Center, Convenience Store w/Gas Pumps, Dance Hall/Night Club, Day Care Center, Dry Cleaning, Major (S), Dry Cleaning, Minor, Farmers Market, Flea Market,
Inside, Flea Market, Outside (S), Fraternity, Sorority, Civic Club or Lodge, Gasoline Station/Fuel Pumps, Golf Course and/or Country Club, Governmental Facilities, Gymnastics/Dance Studio,
Health/Fitness Center, Hospital, Hotel/Motel, Household Appliance Service and Repair, Laundromat, Livestock, Locksmith/Security System Company, Medical, Dental or Professional Office/Clinic,
Mini-Warehouse/Public Storage (S), Mortuary/Funeral Home, Municipal Uses Operated by the City of Schertz, Nursery, Major (S), Nursery, Minor, Office Showroom, Pawn Shop, Print Shop,
Minor, Private Club, Railroad/Bus Passenger Station (S), Recreational Vehicle Sales and Service, Recycling Center, Recycling Collection Point, Rehabilitation Care Facility (S), Restaurant,
Drive-In, Restaurant or Cafeteria, Retail Stores and Shops, School, Public or Private, Storage or Wholesale Warehouse (S), Tavern, Taxidermist, Theater, Outdoor, Theater, Indoor, Trailer/Manufactured
Homes Sales, Truck Terminal, Veterinarian Clinic /Kennel, Indoor, Veterinarian Clinic /Kennel, Outdoor (S), New and Unlisted Uses as provided by Article IV, Section 4 (S). (S) = Specific
Use Permit Project Review & Action: This is a request to change the zoning from R-A and GB to GB. Staff has reviewed this request for consistency with existing City Codes and Ordinances.
In accordance with Article XVI, Section 6.8 of the UDC, when considering a recommendation to the City Council regarding this zoning change request, the Planning and Zoning Commission
should consider the following criteria: 1. The requested change is in keeping with the Comprehensive Plan adopted by the City Council;
City Council Memorandum Page 3 2. There has been environmental and/or economical changes which warrant a change since its original zoning; 3. Granting of the request would not create
an incompatible use different from the surrounding property or show favor to the property under consideration for rezoning; and 4. There is an error in the original zoning of the property
for which a change is requested. Public Hearing Notice: The public hearing notice was published in “The Daily Commercial Recorder” on May 26, 2008 and in the “Herald” on May 27, 2008.
Ten (10) notices were mailed to surrounding property owners on May 26, 2008. Reply notices are as followed: Favor: None Opposed: None Undecided: None Return to Sender: Two (2), both
are outside the Schertz City Limits City Council schedule is as follows: DATE ITEM ACTION Tuesday, April 22, 2008 Zoning Public Hearing and First Reading of Ordinance. Tuesday, May 6,
2008 Zoning Final Reading of Ordinance. FISCAL IMPACT None RECOMMENDATION At the April 9, 2008 Planning and Zoning Commission meeting Mr. Sommers to forward to City Council a recommendation
to approve the above request Ms. Tutschke second the motion. Vote unanimous Pursuant to the recommendation of the Planning and zoning Commission, staff recommends Council approve Ordinance
No.08-S-24 on first reading. ATTACHMENT Ordinance No.-08-S-24
ORDINANCE NO. 08-S-24 BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AMENDING THE UNIFIED DEVELOPMENT CODE (UDC) ORDINANCE 96-S-28 REZONING 96.608± ACRES OUT OF THE ELIGIO GORTARI
SURVEY NO.2, ABSTRACT NO.5, COUNTY BLOCK 5193 IN BEXAR COUNTY, SCHERTZ, TEXAS FROM RESIDENTIAL AGRICULTURAL DISTRICT (R-A) AND GENERAL BUSINESS DISTRICT (GB) TO GENERLA BUSINESS DISTRICT
(GB); PROVIDING AN EFFECTIVE DATE; AND PROVIDING A REPEALING CLAUSE; AND PROVIDING A SERVABILITY CLAUSE; AND PROVIDING A PENALTY CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SCHERTZ, TEXAS: THAT: UDC Ordinance No. 96-S-28, as same may have heretofore been amended, of the City of Schertz, Texas is hereby amended in the following manner. SECTION I “Establishing
permanent zoning for a 96.608± acre tract being situated out of the Eligio Gortari Survey No. 2, Abstract No.5 County Block 5193 in Bexar County, Schertz Texas, more particularly described
in the Field Notes and Map, as attached hereto as Exhibit A, of Single-Family Residential District-7 (R-7) and General Business District (GB)” SECTION II The Official Zoning Map of the
City of Schertz described and referred to in Article III, of the UDC, Ordinance 96-S-28 shall be changed to reflect the above amendments. SECTION III This Ordinance shall be effective
immediately from and after its final passage and any publication in accordance with the requirements of the City of Schertz and the laws of the State of Texas ZC2008-003 IH-10 and FM-1518
(96.608 ac.)
ZC2008-003 IH-10 and FM-1518 (96.608 ac.) SECTION IV This ordinance shall be cumulative of all other ordinances of the City of Schertz, and this ordinance shall not operate to repeal
or affect any other ordinances of the City of Schertz except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event
such conflicting provisions, if any, are hereby repealed. SECTION V The sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or section s of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid
phrase, clause, sentence, paragraph or section. SECTION VI Any person, firm, association of persons, corporation or other organization violating the provisions of this ordinance shall
be deemed to be guilty of a misdemeanor and, upon conviction, shall be fined an amount not to exceed $2,000.00. Each day that a violation continues shall be deemed as a separate offence.
Approved on first reading the __________ day of ____________________, 2008. PASSED, APPROVED AND ADOPTED the _________ day of __________________, 2008. ____________________________________
Mayor, City of Schertz, Texas ATTEST: ________________________________ City Secretary, City of Schertz, Texas (SEAL OF THE CITY)
Agenda No. 9 CITY COUNCIL MEMORANDUM City Council Meeting: April 22, 2008 Department: Administration Subject: City Council Board Liaison Practices BACKGROUND At the City Council meeting
on April 8, 2008 Council Member Carpenter requested an item be placed on the agenda to discuss the activity and practice of maintaining Council liaisons to City boards, committees and
commissions. FISCAL IMPACT None RECOMMENDATION None
Agenda No. 10 CITY COUNCIL MEMORANDUM City Council Meeting: April 22, 2008 Department: Administration Subject: City Hall Renovation BACKGROUND As you are aware the administrative building
has been completed and departments have moved. The old city hall building was planned for remodeling and this project was originally funded to improve the court area in the amount of
$200,000. After further review, staff finds that additional money is needed to bring the building up to-date as shown in the following exhibits. This item was presented at the April
15, 2008 meeting and staff is to bring back information in regards to the amount in the City reserves. FISCAL IMPACT Estimate $179,000 RECOMMENDATION Staff recommends Council approve.
ATTACHMENT Exhibits