Personnel Handbook 2008 and Revised Policies Apr 201650075301.2
CITY OF SCHERTZ
PERSONNEL HANDBOOK
May 2008
TABLE OF CONTENTS
Page
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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-1
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-4
2.1.8 Residency...........................................................................................................II-4
2.2 Working Hours, Meal Breaks and Rest Breaks.............................................................II-4
2.2.1 Working Hours...................................................................................................II-4
2.2.2 Lunch Breaks.....................................................................................................II-4
2.2.3 Rest Breaks........................................................................................................II-4
2.3 Employee Conduct.........................................................................................................II-4
2.3.1 General Conduct................................................................................................II-4
2.3.2 Punctuality.........................................................................................................II-5
2.3.3 Attendance.........................................................................................................II-5
2.3.4 Gifts....................................................................................................................II-5
2.3.5 Dress and Personal Appearance.........................................................................II-5
2.3.6 Electronic Communications and Computer Usage............................................II-6
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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 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-12
2.3.6.2.13 Email Message 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-13
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-14
2.3.6.2.14.5. Requests for Public Disclosure of Email
Records......................................................II-14
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-15
2.3.6.2.15.3. Personal Use...............................................II-15
2.3.6.2.16 Policy Definitions........................................................II-16
2.3.7 Workplace Monitoring.....................................................................................II-17
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2.3.8 Workplace Security..........................................................................................II-17
2.3.8.1. Building Security.....................................................................II-17
2.3.8.1.1 Visitors.........................................................................II-17
2.3.8.2. Employee Identification Badges..............................................II-18
2.3.9 Outside Employment and Conflict of Interest.................................................II-18
2.3.10 Abandoned Property......................................................................................II-19
2.3.11 Smoking and Tobacco Products.....................................................................II-19
2.3.12 Political Activity............................................................................................II-19
2.3.13 Interaction with City Council.........................................................................II-19
2.3.14 Photographs....................................................................................................II-20
2.3.15 Departmental Policies....................................................................................II-20
2.4 Substance Abuse..........................................................................................................II-20
2.4.1 General Policy..................................................................................................II-20
2.4.2 Responsibilities of City Manager.....................................................................II-21
2.4.3 Responsibilities of Supervisors........................................................................II-22
2.4.4 Responsibilities of Individual Employees.......................................................II-22
2.4.5 Procedures when a Reasonable Suspicion Exists............................................II-22
2.4.6 Procedures when an Employee Voluntarily seeks Assistance because of
Substance Abuse..............................................................................................II-22
2.4.7 Confidentiality.................................................................................................II-22
2.4.8 Preclusion.........................................................................................................II-23
2.5 Firearms and Weapons.................................................................................................II-23
2.6 Vehicle and Equipment Usage.....................................................................................II-23
2.7 Safety...........................................................................................................................II-24
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
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3.4.3 Air Travel..........................................................................................................III-2
3.4.4 City Vehicles.....................................................................................................III-3
3.4.5 Personal Vehicles..............................................................................................III-3
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-4
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
4.1.3 Compensation Plan...........................................................................................IV-1
4.1.4 Deductions from Pay.........................................................................................IV-1
4.1.5 Overtime Pay....................................................................................................IV-2
4.1.6 Compensatory Time-off....................................................................................IV-2
4.1.7 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-3
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-6
4.3.4 Family and Medical Leave................................................................................IV-7
4.3.4.1. Eligibility..................................................................................IV-7
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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-8
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
.........................................................................................................................IV-10
4.3.5 On-the-Job Injury Leave/Pay..........................................................................IV-10
4.3.6 Light Duty.......................................................................................................IV-12
.........................................................................................................................IV-13
4.3.7 Bereavement Leave.........................................................................................IV-13
4.3.8 Jury Duty.........................................................................................................IV-13
4.3.9 Military Leave.................................................................................................IV-14
4.3.10 Recording Leave.............................................................................................IV-14
4.3.11 Maximum Leave of Absence; Concurrent Leave...........................................IV-14
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-4
5.7.1 Types of Disciplinary Action.............................................................................V-4
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
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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
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.
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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 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.
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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.
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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
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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 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
For all positions (except 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 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 Human
Resources Department does this review, it will then submit the top applicants to the Department
head for 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 appointed 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 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.
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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 evaluations 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 evaluations. 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 evaluations 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
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.
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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
the age of 18 years. Otherwise, age restrictions do not exist for any type of employment, unless
specifically stated in the job qualifications.
* For purposes of this Section, “family” means the employee’s parent, child, spouse, sibling, mother-in-law, father-
in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, or any other person living in the employee’s
household.
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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 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.
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,
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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.
• 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.
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2.3.6 Electronic Communications and Computer Usage
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 supersede 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 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.
• 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.
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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
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.
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• 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.
• 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.
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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 supersede 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.
• 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.
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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:
• 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
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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.
• 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.
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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 categories:
• 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.
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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 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.
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.
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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 supersede 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.
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.
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• 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.
• 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:
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• 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.
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.
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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
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.
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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 Director for
buildings and facilities or their designee. Also, report this to your supervisor and/or Department
Head.
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 display their badge while in uniform.
Within secured areas (all City complex buildings), 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.
2.3.9 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.
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2.3.10 Abandoned Property
If, while on the job, a City employee locates, obtains, or otherwise comes into possession
of any property of any kind of more than minimal value, including but not limited to animals or
goods, where such property is or appears to be abandoned or unclaimed or the owner is
undeterminable, such property should be taken into custody by such employee on behalf of the
City for the purpose of disposition in accordance with City policy and/or ordinances.
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.
2.3.11 Smoking and Tobacco Products
The use of tobacco products 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.
2.3.12 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.
2.3.13 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.
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2.3.14 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
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.
2.3.15 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 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
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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 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
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.
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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
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.
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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.
“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.
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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
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.
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• 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
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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) 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 prior to the end of the probationary period, the new employee’s immediate
supervisor will make a performance evaluation 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
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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 business-
class flight passage is allowed only in instances where the first-class or business-class travel
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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.
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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 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
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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.
4.1.4 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;
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• 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.
4.1.5 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.
4.1.6 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.
4.1.7 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.
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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 job-
related 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
Thanksgiving Day Christmas Day
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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 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
vacation time may not exceed the maximum allowable shown below. On September 30 of each
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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
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.
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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 be paid according to the
following schedule:
Completed Years of
Employment with the City
Percentage of
Salary to be Paid
0-5 years 25%
6-10 years 50%
11-15 years 75%
16+ years 100%
* 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.
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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 FMLA 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
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.”
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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 FMLA leave to their Department
head at least thirty (30) days in advance of foreseeable events and as soon as possible for
unforeseeable events.
Employees requesting FMLA 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 FMLA 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 FMLA leave or may mean that the absence is not covered by the FMLA.
Employees returning from FMLA leave of three (3) days or longer related to their own serious
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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.)
Employees will be required to substitute any accrued vacation time before taking
unpaid FMLA leave. Employees will also be required to substitute any accrued sick leave before
taking unpaid FMLA 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 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 FMLA
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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
FMLA 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 FMLA leave ends, the
employee will be reinstated to the same position, if it is available, or to an equivalent position for
which the employee is qualified. 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.
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 must be reported no later than the start of the
next workday regardless of whether or not the employee is scheduled to work. For purposes of
this policy, failure on the part of the employee to report such injury within these guidelines
constitutes an agreement by the employee and an assumption by the City that the injury did not
occur on the job; therefore, the employee will not be eligible for any benefits described under
this Section. Witnessing employees should report the injury to supervisory personnel.
The employee, upon learning the nature and condition of the injury, must report the
anticipated length of the absence to 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 bi-weekly net take-home pay rate less worker’s compensation benefits. If, at the end of
such period of leave, the employee cannot return to work, the employee may elect to apply sick
leave and vacation leave until exhausted, less any worker’s compensation benefits.
After all accrued benefits have been exhausted, the employee will receive only worker’s
compensation benefits as authorized by State law. 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:
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• 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 Human 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 On-the-Job Injury Pay, 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
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, an employee on light duty who turns in the
endorsed workers compensation check to the Finance Department may have continuation pay for
the remaining hours not worked during the week until such time that the employee reaches
maximum medical improvement. 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 by the Department head
and Human Resources Department and not specifically recommended by the
employee’s treating physician;
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• 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
Human Resources Department 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;
• 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:
• Needs and duties of the Department;
• Capabilities of the employee; and
• Expected length of time light duty is required.
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Light duty may only be allowed within the individual’s Department for a period of up to
180 calendar days from the date the employee returns to work. If the employee has still not
returned to regular duty without restrictions at the end of the 180 calendar day period of light
duty, then a duty assessment will be requested from the employee’s treating physician to
determine if the employee will be able to perform the essential functions of the job. If the
employee is still not able to perform the essential functions of the job at that time, the
Department head will attempt to locate another City position for which the employee is qualified.
Such position must be authorized and vacant.
When an employee’s injury will permanently prevent him or her from performing the
essential functions of his or her regularly assigned position, the Department head will 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.
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.
4.3.7 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
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.
4.3.8 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.
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4.3.9 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 necessary legal requirements. Revised by
City Council March 6, 2007.
4.3.10 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.
4.3.11 Maximum Leave of Absence; Concurrent Leave
Subject to applicable law, the total maximum amount of time available under a leave of
absence to which an employee may be entitled, regardless of the basis of the leave, is one
calendar year. However, employees are not automatically entitled to a one calendar year leave of
absence, and such leave will only be approved in accordance with City policies and applicable
law. Upon the expiration of an approved one calendar year leave of absence, an individual’s
employment will be administratively terminated, subject to applicable law.
Unless otherwise notified by the City, any person who desires to return to work with the
City after having been administratively terminated is encouraged to reapply to any position for
which 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 FMLA leave),
such periods of leave shall be applied concurrently to all qualifying leaves of absence.
END OF PART IV
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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.
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• 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 will 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
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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 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 evaluation are ineligible for transfer.
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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
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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 at-
will relationship, whether through oral or written statements, promises, or otherwise. To be
binding on the City, any agreement or promise that contradicts or alters the at-will nature of
employment must be in writing, approved by the City Council and signed by the City Manager.
END OF PART V
50075301.2
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 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. (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
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
50075301.2
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.
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.
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 by the City Manager.
____________________________
Date
___________________________________
Employee’s Signature
___________________________________
Employee’s Printed Name
April 14, 2010
1400 SCHERTZ PARKWAY
SCHERTZ, TEXAS 78154-1634
(210) 619-1015
FAX (210) 619-1050
www.schcrtz.com
POLICY LETTER
To all Department Heads
Effective Immediately
DONE. TAYLOR
CITY MANAGER
For the safety of yourselves and the safety of others, cell phone use and texting
while operating a city vehicle is no longer permissible by any employee of the
City of Sche1iz. If you must take or make a phone call/text message while
driving, find a safe location to pull off the road and then return to the road after
business has been conducted or use a hands-free device.
Th k:tou for your cooperation.
J Attendance
PREPARED BY:
APPROVED BY:
DATE APPROVED:
EFFECTIVE DATE:
REPLACES VERSION:
Purpose:
CITY OF SCHERTZ
EMPLOYEE POLICY HANDBOOK
Human Resources
City Council
3/26/2013
3/27/2013
2.3.2-2.3.3
This policy is written to provide employees with general guidelines about reporting when
they expect to be late for work or absent. Each department director may specify
additional reporting requirements specific to his/her department.
Policy
Employees will report for work at the time and place specified by the employee's
supervisor. Unnecessary absenteeism and lateness are expensive and disruptive and place
an unfair burden on the organization, including co-workers and customers. Each
employee will be properly prepared so that the employee may immediately assume
his/her job duties. Failure to adhere to the attendance policy may result in disciplinary
action up to and including termination.
Applicability:
This policy applies to all city employees.
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.
Failure to Report to Work
Failure to report within the required period can be considered justification for disallowing
paid sick leave for an absence. Unless otherwise approved by the supervisor, employees
are expected to call their supervisor on each day of absence at least one hour prior to the
start of their scheduled shift for that day. If an employee is absent for medical reasons,
please refer to the city's FMLA and Sick Leave Policies.
Where the nature of the absence necessitates an extended period of time off, longer
reporting intervals may be approved by the supervisor, unless the leave qualifies for
Family Medical Leave as that term is defined in the Family and Medical Leave Act
Policy and the employee was unable to give appropriate notice. Frequent tardiness or un-
excused absence is not permissible and is grounds for disciplinary action, up to and
including termination.
CITY OF SCHERTZ
EMPLOYEE POLICY HANDBOOK
Any employee absent from his/her job for three (3) consecutive work days/shifts without
an authorized leave of absence shall be considered to have abandoned his/her
employment.
Reporting Absences
It is the responsibility of an employee who cannot report for work to notify his/her
immediate supervisor or designee as soon as possible or at least one hour prior to the time
the employee is scheduled to be at work unless directed otherwise and notified in writing
by the Department Head. Police and fire department employees and other employees in
safety sensitive positions may be required to give at least four ( 4) hours prior notice. The
employee must explain the reason for the absence and when he/she expects to return to
work.
NOTE: It is the employee's responsibility to ensure that proper notification is
given. Asking another employee, friend, or relative to give this notification is not
considered proper, except under emergency conditions.
Tardiness
It is each employee's responsibility to call his/her supervisor at least one hour prior to the
stat1 of his/her scheduled shift to inform the supervisor that he/she will be late. The
employee should specify a time he/she expects to arrive at work. The supervisor has the
discretion to approve the make-up of any time missed by the late employee. Repeated
incidents of tardiness may subject the employee to discipline, up to and including
termination. If however, if the employee is late due to unforeseen circumstances (e.g.
vehicle accident impeding traffic) and cannot provide at least one hour notice, it is
incumbent upon the employee to notify the employer that he/she will be tardy and explain
the reasons for being tardy.
Use of Authorized Absences
An employee will not perform work for another employer or himself/herself, engage in
extra duty employment, or engage in any other actions which would be inconsistent with
the stated reason for taking paid or unpaid leave on the same calendar day that the
employee fails to report for work due to illness, injury or emergency. Violation of this
prohibition will be grounds for discipline, up to and including termination.
Illness-related absences
Employees should refer to the city's sick leave policy
Use of Paid Leave
An employee may be eligible for paid leave for absences as determined by the guidelines
of the applicable policies.
CITY OF SCHERTZ
EMPLOYEE POLICY HANDBOOK
I Fair Labor Standards Act (FLSA)
PREPARED BY:
APPROVED BY:
DATE APPROVED:
EFFECTIVE DATE:
REPLACES VERSION:
Purpose
Human Resources
City Council
5/14/2013
5/15/2013
NIA
The Fair Labor Standards Act (FLSA) of 1938 established federal requirements for the
payment of minimum wages, overtime pay, record keeping, and child labor standards for
employees covered by the Act and not exempt from specific provisions. Initially, the
FLSA applied only to private sector employers. However, in 1985 the U.S. Supreme
Court concluded that Congress could apply the FLSA to state and local government
under the Commerce Clause of the Constitution. Since 1985, cities and towns also had to
comply with the FLSA. The Equal Pay Act of 1963 amended the FLSA to prohibit pay
differences based on gender.
Policy
The city bases this policy on the FLSA, which regulates employee wages and hours in the
following areas:
• Minimum Wage
• Child Labor
• Equal Pay
• Record Keeping
• Overtime Pay
Applicability
This policy applies to all city employees
Minimum wage
The federal minimum wage provisions are contained in the FLSA . Many states also have
minimum wage laws. In cases where an employee is subject to both the state and federal
minimum wage laws, the employee is entitled to the higher of the two minimum wages.
Supervisor's Note: All employees, including seasonal and tempormy employees
shall be paid at least minimum wage to remain in compliance with the federal
111 inimum wage standard.
Child labor
CITY OF SCHERTZ
EMPLOYEE POLICY HANDBOOK
The federal child labor provisions , also known as the child labor Jaws , were enacted to
ensure that when young people work, the work is safe and does not jeopardize their
health, well -being or educational opportunities. The FLSA imposes certain restrictions on
the employment of minors younger than 18 years of age. Most city positions require
employees to be at least 18 years of age. However, there are some exceptions.
Supervisors wishing to hire a minor shall contact the Human Resources Department
before initiating the hire of any minor .
Equal Pay
No employer subject to the Equal Pay Act can discriminate between employees on the
basis of gender by paying wages "at a rate less than the rate at which he pays wages to
employees of the opposite sex in such establishments for equal work on jobs the
performance of which require equal skill , effort, and responsibility, and which are
performed under similar working conditions," Equal Pay Act, 29 U.S.C. x 206 (d) (!).
Supervisor's Note: In recommending and evaluating wages or wage increases for
employees in jobs that require equal skill, effert, and responsibility (not
necessarily an identical job), be certain to make pay decisions without reference
to a person's gender.
Record keeping
State and federal Jaws and regulations require the employer to collect and maintain
certain employee information such as name, address, occupation, birthdate, sex, etc.
Supervisor's Note: Generally, the Human Resources Department and the Payroll
Department will take care of these details through our normal paperwork
processes (for exmnple, time sheets, I-9 's). Supervisors need to be aware of the
requirements and understand that prompt collection of this information is
required by federal law.
Overtime pay
An employer who requires or permits an employee to work ove1time is generally required
to pay the employee premium pay for such overtime work.
Hourly, non -exempt employees shall be paid overtime at one and a half (1 Yi) times their
regular rate of pay for all hours actually worked over forty (40) in a single workweek.
Thus, in calculating how many hours a non -exempt employee actually works in a week,
the city will not count the paid vacation , holiday , comp time, or sick time towards the
forty ( 40)-hour workweek.
Jn accordance with the FLSA, the city is not obligated to pay overtime for employees to
work on weekends, nights, holidays unless overtime hours are worked on such days .
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
I Progressive Discipline and Disciplinary Appeals Policy
PREPARED BY:
APPROVED BY:
DATE APPROVED:
EFFECTIVE DATE :
REPLACES VERSION:
Purpose
Human Resources
City Council
5/14/2013
5/15/2013
5 .7
The purpose of this Progressive Discipline and Disciplinary Appeals Policy is to outline
the city's disciplinary system and expectations so employees are able to perform their job
duties in a safe, efficient, and productive manner. Supervisors, Department Heads, and
City Management are responsible for outlining the goals and job performance standards
for each employee per the employee handbook. Each employee is responsible for meeting
these standards in an efficient manner.
Definitions
Adverse Disciplinary Action -Adverse disciplinary action is defined as any disciplinary
action affecting an employee's job status, not including verbal reprimands.
At-Will Employment
The State of Texas is an "At-Will" employment state . At-will means that an employer
can terminate an employee at any time, for any reason, with or without notice or cause as
long as the reason is not illegal. Therefore, this policy does not provide nor guarantee an
employee any rights that would affect their "At-Will" employment status.
Although a progressive disciplinary system is preferred , where appropriate, a single
action or inaction may result in disciplinary action up to or including termination of
employment. Supervisors, Department Heads, and City Management shall administer
discipline in a fair and equitable manner throughout the city without regard to race, color,
religion, sex, national origin, age, disability, or any other legally protected status.
Criteria for Application of Formal Types of Discipline
The objective of the progressive discipline policy is to provide fair, consistent, concise,
and efficient procedures for the use of disciplinary action against an employee and any
subsequent appeals that may be pursued. The following criteria may be considered in
determining the appropriate disciplinary action to be taken:
• Severity and type of offense(s);
• Impact of the offense(s) on the team and/or individuals;
CITY OF SCHERTZ
E MPLOYEE HANDBOOK
• An employee's previous work record;
• Period of time since most recent disciplinary action; and
e Precedent of action on similar offense(s);
S upervisor/De part me nt H ead Obli gations
Supervisors/Department Heads are obligated to create an atmosphere conducive to
motivating their staff throu gh communication, counse ling , e ncouragement, respect,
training/development, praise, positive feedback , providing ownership , and one-on-one
mentoring. Supervisors/Department Heads are also obligated to provide the tools ,
equipment, and resources ne c essary for staff to conduct their jobs safely and efficiently.
Therefore, Supervisors/Department Heads should exercise their due diligence to ensure
the growth and development of their staff and to apply disciplinary action after employee
counseling and/or education has failed.
Ty pes of Discipline
From time to time, employees may 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 termination of employment. As a general matter,
disciplinary actions shall be progressive, but circumstances may indicate that strong
actions be taken immediately.
Although the list is non -inclusive, an employee may be subject to disciplinary action , up
to and including termination, for any of the following reasons:
• incompetence or inefficiency;
• conduct unbecoming an employee of the City;
• accepting bribes relating to City business;
• insubordination or any violation of any official order or regulation;
• indictment for or conviction of, plea of nolo contendere to, or receipt of
deferred adjudication for , a felony ;
• unauthorized use of or theft of city equipment or property;
• inappropriate or excessive horseplay on the job;
• gambling during work hours or on City property;
• negligent or willful damage or waste of private or public property ;
• unexcused or excessive absence ;
• use of alcoholic beverage s or illegal drugs while on duty;
o habitual tardiness or absenteeism without authorization ;
• violation of any policy se t forth in this handbook ;
• serious misconduct; or
• other specific actions described in this handbook
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Consistent with the above criteria, Supervisors, Department Heads, Executive Directors ,
or the City Manager may take any appropriate disciplinary action including, but not
limited to:
• Verbal Reprimand ;
• Written Reprimand;
• Administrative Leave;
• Probation and Performance Improvement Plan (PIP);
• Demotion;
• Suspension; or
• Termination ;
Department Supervisors or Department Heads may change the order of the above
disciplinary steps, or may choose not to use any step, depending on the circumstances
under review. Department Heads may also continue progressive discipline when
appropriate.
Department Supervisors shall consult with their Department Head before issuing
any adverse disciplinary action against an employee. Likewise, Department Heads
shall consult with the Human Resources Department prior to any adverse
disciplinary action against an employee . The Human Resources Director or designee
must approve any adverse disciplinary action against an employee before the
disciplinary action is issued.
Appropriate Disciplinary Action Including, but Not Limited to:
Verbal Reprimand: A verbal reprimand identifies a violation or indicates an area
needing improvement. A formal , verbal reprimand should be conducted using the city's
counseling form to document the existence of the reprimand. This reprimand should
include additional counseling, training, feedback, instruction, and/or direction.
Written Reprimand: A written reprimand identifies violations or indicates areas
needing improvement.
The written reprimand shall indicate the following:
• The employee's specific behavior and why the behavior was unacceptable or
inappropriate;
• How the behavior is affecting the team and the organization;
• The expected conduct or behavior as outlined in city policies or departmental
SO P's
• That such acts and/or behaviors must not be repeated ;
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
• The consequences for the behavior and what the consequences may be in the
future should the behavior continue; and ,
• The employee must sign and date the reprimand acknowledging review and
receipt.
The original reprimand shall be sent to Human Resources within three (3) days of the
completion of the reprimand. Written reprimands are not eligible for deferment and
should not be kept by the supervisor or the department for any reason. A copy of the
reprimand shall be given to the employee at his/her request.
Department Heads shall be informed of all written reprimands within their respective
departments and , with the concurrence of HR, will make the final decision on all written
reprimands.
Nothing in a written reprimand shall be viewed as altering the City's At-Will status or as
creating a contract of employment, express or implied, or as a guarantee of employment
for a specific duration.
Administrative Leave: Use of paid administrative leave is restricted to instances in
which the presence of the employee will impede an investigation or adversely affect
safety, security, or normal business functions. The supervisor will inform the employee
that he/she is being placed on administrative leave pending further investigation. The
employee will follow all instructions provided by the supervisor in regard to regularly
checking with the supervisor and remaining available as required. The employee shall
turn in all keys and equipment and shall not act in any official capacity for the city while
he/she is on Administrative Leave. The employee should remain available for the city to
contact and provide further instructions pertaining to returning to work or completing an
investigation.
If a supervisor determines paid Administrative Leave might be necessary, approval from
the Human Resources and the appropriate Executive Director is required. If the
Administrative Leave is a result of an investigation , recommended action resulting from
the investigation must be approved by the Department Head, Executive Director, City
Manager and the Human Resources Department.
Probation and Performance Improvement Plans: Chronic performance or behavioral
issues may result in an employee being placed on probation. All employees placed on
probation will receive a Performance Improvement Plan (PIP). The PIP should identify
deficiencies in behavior and/or performance, provide a methodology for improvement,
and establish a timetable in which performance must be improved. Usually, the minimum
period for a PrP is thirty (30) calendar days but the PIP may be extended up to an
additional (60) calendar days, depending on the circumstances of the probation . With the
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Assistance of HR, the immediate supervisor will set the terms and conditions of the PIP,
including the length of the probationary period.
An employee may also be placed on a PIP in the following situations:
• If an employee does not meet expectations at the end of his/her evaluation
period(s); or
• If the employee is not meeting the performance standards for a particular task at
any time during the evaluation period, the supervisor has the option of placing the
employee on a PIP. Supervisors must apply the same practice to all similarly
situated employees.
The original PIP remains with the supervisor until the completion of the PIP period and a
copy is given to the employee. A copy of the plan must be attached to the appraisal
document that is submitted to Human Resources.
At the end of the PIP period, the supervisor and employee meet to discuss the employee's
progress, training needs, and future action items. The supervisor must document (in a
memorandum to the appropriate approving authority) the results of the improvement
review session. A copy of the me1norandum shall go to the etnployee and his/her
personnel file.
If an employee fails to meet the terms of the PIP at any time during the probationary
period, the employee may face disciplinary action up to and including termination.
If an employee fails to maintain performance standards once the probation has concluded,
an additional opportunity for an employee to improve ·performance through a PIP may
not necessarily be repeated. Disciplinary action up to and including termination may
result without an additional PIP.
If an employee's performance has not improved at the conclusion of the PIP, the
supervisor may determine that additional time is warranted to achieve the objectives, or
that performance is such that further disciplinary action is necessary.
If a PIP accompanies a written reprimand AND is a result of performance standards not
being met, the written reprimand may be rescinded from an employee's permanent record
if the employee proves that he/she can meet reasonable performance standards within the
established timeframe of the PIP. However, the PIP, will remain permanently in the
employee's personnel file as documentation of the respective performance issue.
However, should the employee display the same or similar performance issues after the
PIP has ended, the employee may again be placed on a PIP and/or be subject to fwther
disciplinary action up to and including termination.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
If a PIP accompanies a written reprimand AND is a result of behavioral standards not
being met, the written reprimand and the PIP shal l both remain as part of the employee's
permanent record in his/her personnel file.
Demotion: A demotion is a change in duty assignment of an employee to a position in a
lower pay group. A reduction in pay may occur with a demotion. Demotions may be
made for the following purposes:
• A voluntary assumption of a less responsible position;
e A reasonable accommodation for an employee with a disability;
e As a result of a reclassification of the employee's position;
• As a disciplinary measure because of unsatisfactory performance 111 a higher
position; or
• Budgetary constraints
Voluntary Demotions
The city will attempt to transfer employees wishing to demote to his/her previous
position or a position in a lower pay group when the transfer does not adversely affect the
city's interests or the interests of other employees and the employee is qualified for the
position. The following terms shall govern voluntary demotions:
• If the employee is not satisfied in any way in their new position during the first
ninety (90) days of the probationary period, the employee may request a transfer
back to the former position or a position in a lower pay group, provided the
employee's former position or position in question has not been filled and the
affected Department Head and Human Resources approve the transfer.
• Should the employee fail to successfully complete their probationary period and
their former position or position in question is no longer vacant, the employee
may be separated from the City's service.
Suspension: Suspension may be applied in cases of damage or losses of city property,
gross negligence in the administration of the job being performed, or last course of
discipline prior to termination. A suspension results in time off without pay for one work
day/shift or longer. An employee may be suspended without pay for a period of not less
than one (1) work day/shift and not more than thirty (30) calendar days.
Termination: Termination is the conclusion of the individual's employment with the
City. If warranted, termination of an employee may occur without pursuing progressive
discipline.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Removal from the Workplace
When issues of serious misconduct that warrant immediate removal from the workplace
arise, th e employee is required to leave City prope rty immediately. The e mployee shall
surrender all keys, equipment, tools, and any other property belon g in g to the city.
Serious Misconduct
Serious Misconduct, defined as conduct that has a substantial negative impact on the
organization, public or individual employee, may be grounds for immediate removal
from the workplace and/or termination of employment. Any conduct which could have an
adverse effect on the City, on the confidence of the public in th e integrity of the City
government, or on the relationship of the e mployee and othe r employees will be
considered serious misconduct. Examples of se rious misconduct subject to re moval from
the workplace or termination of employment in c lud e, but are not limited to:
• Conviction of a felony or theft, or other crime involving moral depravity
• Careless destruction of public or private property
• Lying to a supervisor
• Falsification of employment applications or work records
• Being under the influence of, consumption of, or possession of un-prescribed
drugs, alcohol, or contraband while on the job or while operating a City vehicle
• Failure to pass a drug screening examination or refusal to submit to a drug
screening when requested
• Unauthorized possession of weapons or contraband while on City premises (not
including any public or private driveway, street, sidewalk or walkway, parking
lot, parking garage, or other parking area), in city vehicles or while on City
business except for authorized police personnel
• Assault, threat of assault, or fightin g on City property
• Bullying
• Insubordination
• Sabotage of city property
• Making terroristic threats
• Knowingly violating safety rules and standards
• Failure to cooperate in an investigation when directed to do so
• Using an official position, uniform, or identification card for pe rsonal benefit
• Failure to report for work or call in for three (3) consecutive days
• Failure to report any on-the-job accident or any accident involving City property
Documentation
S upervisors/De partm en t Heads are strongly urg ed to docum e nt p e rformance and/or
behavioral problem s demonstrated by th e ir staff members for the sake of providing
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
effective and specific coaching, counseling, training, feedback, and resources to staff on a
regular basis. When necessary, documentation can also assist supervisors/Depatiment
Heads in effectively disciplining staff using the appropriate counseling forms provided by
the HR Department.
Final Disciplinary Decisions
When demotion, suspension , or termination of an employee is thought to be necessary,
the Department Head or his/her appointed representative will take the following steps:
o Before a Department Head makes a final decision on any disciplinary action
involving demotion, suspension, or termination , he/she shall hold a disciplinary
conference with the affected employee. At the meeting , the employee may
respond with relevant facts that might affect any proposed disciplinary action.
• The Department Head shall consult with the Human Resources Director or
designee and the appropriate Executive Director before taking adverse action
against an employee resulting in demotion, suspension, or termination. The
Human Resources Director or designee must approve any adverse action before it
can be implemented.
• If a Department Head's decision results in demotion , suspension, or termination
of an employee, the appropriate Executive Director shall inform the City Manager
of the decision.
• Once a decision is made, the Department Head will notify the employee in writing
of his/her decision. The written decision will indicate the following:
• The disciplinary action (if any) to be taken and the effective date of the
action.
• An explanation of why the discipline is being implemented, such as policy
violation.
• If the action is suspension or demotion, the written decision must contain
the conduct or behavior resulting in discipline and a statement indicating
such act(s) must not be repeated. The written decision should also indicate
what further action will result if the employee fails to show and maintain
satisfactory improvement. Signed acknowledgment of receipt of the
written decision by the employee is required.
• If the action is termination, Human Resources will deliver the termination
notification directly to the employee.
• A copy of the written decision will be given to the employee. The decision
will become a permanent part of the disciplinary record and will be
maintained in the employee's personnel file in the Human Resources
Department.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
While Department Heads are encouraged to follow the above steps, failure to follow
these steps will not negate disciplinary action. An employee may be terminated at any
time with or without cause and/or notice. The above procedures are discretionary with the
City Manager and do not apply to new employees during their initial probationary period
or to seasonal or temporary employees.
Disciplinary Appea ls Process
Appeal to C ity Manager: Regular full-tim e or part-time employees, who are suspended
for more than three (3) work days, who are de moted , or who have been terminated may
appeal the disciplinary action taken in accordance with the following rules. The
disciplinary appeals process is used at the discretion of the City Manager or his/her
appointed re pr esentative, and in no way negates th e "At-Will " status of any City
employee.
Appeal Requests: An employee, who has received a suspension , demotion , or
termination, has five (5) business days from receipt of notice of such action to submit a
request for appeal. All appeals must be submitted in writing to the Human Resources
Depaitment. All written appeals must state the grounds for appeal. Written appeals may,
at the request of the employee, request a face-to -face appeal hearing with the City
Manager and a representative from Human Resources. The Human Resources
Department, upon review by the City Manager or his/her appointed representative, will
schedule all formal appeal hearings .
Decision of the City Manager: Upon completion of any necessary investigation and
appeal review, the City Manager or his/her appointed representative will submit a written
decision to the Human Resources Department within five (5) business days of the
completed investigation and formal hearing. The Human Resources Department will
notify th e employee, the Depaitment Head , and the appropriate Executive Director of the
decision. The decision of the City Manager or his/her appointed representative is final.
The formal appeal process outlined in this policy does not apply to employees during
their probationary pe riod as a new hire, temporary/seasonal employees, or volunteers .
Special Provisions
The disciplinary process outlined in this policy, including th e disciplinary appeals
process, does not apply to employees during th e ir initial probationary p e riod as a new
hire, or to temporary, part-time, or seasonal employees. Supervisors are encouraged, but
not required to us e th ese formal disciplinary mea s ures prior to te rmination for these
employees.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
The City Manager or his/her appointed representative reserves the right to accept,
overturn, or amend any formal disciplinary measures in order to preserve the integrity of
the city, its administration, and its citizens. The City Manager also reserves the right to
render immediate decisions without consultation of this policy when it is deemed to be in
the be.st interest of the city.
I Time Reporting
PREPARED BY:
APPROVED BY:
DATE APPROVED:
EFFECTIVE DATE:
REPLACES VERSION:
Purpose
CITY OF SCHERTZ
EMPLOYEE POLICY HANDBOOK
Human Resources
City Council
3/26/2013
3/27/2013
2.2; 4.1.7; 4.3.10
To comply with federal, state, and local laws, and provide employees with specific
policies and procedures regarding time and attendance reporting.
Policy
All city employees are expected to report punctually for duty at the beginning of their
assigned workdays and to work the full workdays established.
Hours worked can be defined as time that an employee performs principal activities
related to the job on the employer's premises or at the prescribed workplace whether
suffered or permitted by the employer.
All employees are required to report hours worked and leave taken accurately and to
abide by the city's time reporting and leave policies.
Failure to adhere to the Time Repo1iing Policy may result in disciplinary action up to and
including termination.
Applicability
This policy applies to all city employees.
Procedures
Employees shall keep records of all hours actually worked and leave time taken and,
where appropriate, hours credited to particular projects. Each employee shall be
responsible for the accuracy of his/her own time sheet.
Each supervisor is required to approve their employees' time sheets, verifying the
timesheet accurately reflects the time worked and leave taken by the employee.
Approved time sheets must be received in payroll no later than Noon on each Monday
following the end of the pay period unless prior arrangements have been made with
payroll.
CITY OF SCHERTZ
EMPLOYEE POLICY HANDBOOK
If a supervisor makes an adjustment to a time sheet and the employee is not available to
sign, the supervisor must inform payroll of the change in writing, including a statement
that the employee was unavailable, and forward the time sheet to payroll. Supervisors
shall notify employees of any changes to the time sheet.
In general, time worked includes all the time an employee is:
• Required to be on duty;
• Required to be on the work premises or at a prescribed workplace; or
• Permitted to work for the city
Meal Period
With few exceptions, meal periods spent away from the employee's work station are not
considered time worked . Non-exempt employees (regardless of status as full -time, part-
time, or temporary employees), who work more than five (5) consecutive hours shall be
allowed a meal period of at least thirty (30) minutes beginning no less than two (2) hours
or more than five (5) hours from beginning of shift. Employees who work more than
three (3) hours of overtime are required to have an additional thi1ty (30)-minute meal
period prior to or during the overtime period. Neither state nor federal law requires an
employer pays for these meal periods if the employee is completely relieved from duty
during the break.
Rest Periods
Coffee breaks and other brief rest periods of 15 minutes or less are considered time
worked.
Stand-by Pay
City Council has authorized some Departments to pay stand-by pay (also known as on-
call pay) to designated employees, who are on call at designated times. Stand -by time is
defined as time worked if employees are required to be available by phone or at certain
locations such that they cannot use the time for their own purposes. Qualification for
stand -by pay is coordinated with and must be approved by the employee's Department
Head and is available only when the needs of the City and its customers require it.
Whether time spent on stand-by is considered time worked is a question of fact to be
decided on a case-by-case basis. Generally, sta11d-by time is considered time worked for
the amount of time spent:
• Performing work-related activities, such as phone calls;
• Driving to and from the location of an emergency situation; and
• Responding to an emergency situation
CITY OF SCHERTZ
EMPLOYEE POLICY HANDBOOK
Stand-by time is not considered time worked if the employee can leave word as to where
they can be reached , or if the employee carries a pager or phone and does not have to stay
at a certain location as defined above.
If stand -by time is considered time worked, the employee(s) on stand -by shall receive
their regular hourly rate until they work over forty ( 40) hours within a given workweek,
which would then place the employee(s) in an overtime status.
Reporting Leave Time
It is the responsibility of the Department Head to submit all leave information to the
Finance Department with timesheets so leave information can be properly recorded on
each employee's personnel record.
A deliberate misrepresentation of time worked or leaves taken, or unauthorized absence
may result in disciplinary action up to and including termination.
According to the Fair Labor Standards Act, hourly, non-exempt employees must be paid
overtime at time and one-half their regular rate of pay for all hours actually worked over
forty ( 40) in a single workweek. Thus, in calculating how many hours a non-exempt
employee actually works in a week, the city will not count paid vacation, holiday, comp
time, or sick time towards the fo1iy ( 40)-hour workweek.
For example , an employee who normally works Monday through Friday, eight (8)
hours a day, is off on a Monday because it is a paid holiday. The employee then
works Tuesday through Friday, eight hours a day, and is asked to work four (4)
additional hours on Saturday. The employee's pay for the week would reflect a
total of forty-four (44) paid hours . However, since the employee actuallv worked
only thirty-six (36) hours, he/she would not receive anv overtime pay.
Leave Substitution
The city's policy requires all applicable paid leave to be used concurrently with a
qualifying leave of absence with the exception of an employee, who is serving
suspension. In accordance with this policy, other leaves will be automatically substituted
when there is an insufficient balance of a requested leave or substitution type (e .g. If ten
(10) days of leave are requested to take care of an ill child, but the employee only have
five (5) days of sick leave, then any vacation balance followed by any comp time balance
will automatically be substituted, if available . However, if an employee is out for an
illness for themselves or qualifying family members, they must declare the sick leave on
their time sheet. Employees may not use comp time or any other leave in place of sick
time unless the employee has exhausted his/her sick leave. It is important to refer to the
city policies on the Family Medical Leave Act (FMLA) POLICY and Leave of Absence
POLICY for clarification.
CITY OF S CHERTZ
EMPLOYEE POLICY H ANDBOOK
Work "suffered or permitted"
The FLSA clearly states that it is the employer 's responsibility to enforce the overtime
rules , not the employees." Overtime must be paid if the employer "knows or has reason to
know" that the employee is working. The location of the work (e.g ., at the job site or
away from it) is immaterial if the employer knows or has reason to know of th e
employee's work.
Supervisor's Note: To prevent incurring wage liability for work ti111e not
requested or desired, supervisors should instruct non-ex e111pt e111ployees that any
overti111e 111ust be approved by the111 in advance and h1 writing. Good two-way
co111111u11ication about this is ve1J1 i111portant .
Trainin g Time
Time spent studying and attending classes for courses which are required by the
supervisor for an employee's current job is considered time worked.
Time spent in training, lectures and meetings need not be considered time worked if all
the four of the following conditions are met:
• Attendance occurs outside ofregular work hours.
• Attendance is totally and completely voluntary. To meet this criterion , the
employer cannot require employee attendance; and the employee must not be led
to believe that non -attendance would adversely affect their employment.
• The employee does no productive work related to the employee's job
responsibilities while attending training; and
• The training is not directly relate d to the employee's present job
o Training is "directly related" to the employee 's job when it is designed to
make the employee more effective at his or her present job.
o Training is not "directly related" to the employee's job when it prepares
the employee for a different job, including a promotion , or teaches the
employee a new or additional skill.
• When training is attended for the bona fide purpose of preparing
for advancement through upgrading the employee to a higher skill,
and is not intended to make the employee more efficient in his/her
present job, the training is not considered directly related to the
employee's job even though the course incidentally improved
his/her skill in doing his/her regular work .
Time spent by an employee on his/her own initiative attending an independent school,
college or indep endent trade school after hours is not considere d as time worked for the
city even if the courses are related to the job.
CITY OF S CHERTZ
EMPLOYEE POLICY HANDBOOK
For the benefit of its employees, the city may establish a program of instruction, which
corresponds to the courses offered by indep e nd e nt bona fide institutions of learning.
Voluntary attendance by an employee at such courses outside of working hours would
not be considered hours worked even if the instruction is directly related to the job, or
paid for by the city.
Travel Time
The principles that apply in determining whether time spent in travel is time worked
depend upon the kind of travel involved. When travel time is integral to performing the
employee's job, the time must be treated as work time. When travel time is merely a
normal incident of employment, it need not be treated as such .
Time spent traveling during normal work hours is considered hours worked. Time spent
in home-to-work travel by an employee in an employer-provided vehicle, or in activities
performed by an employee that are incidental to the use of the vehicle for commuting,
generally is not "hours worked" and, therefore, is unpaid.
Medical Attention
Time spent by an employee waiting for and receiving medical attention at the work place
or at the direction of the supervisor is considered time worked if it occurs during the
employee 's normal working hours.
Time spent waiting for and receiving medical attention as a result of a workplace injury is
considered time worked.
Volunteer Work
FLSA covered employees may not volunteer to work in excess of 40 hours m a
workweek without compensation. All time worked must be properly recorded.
Voluntary work by an employee for the city shall not be reported as time worked and
shall not be compensable as long as the voluntary work is totally and completely
voluntary.
In order to classify an employee as a volunteer and not an employee under the FLSA, all
of the following requirements must be met:
• The services must be offered freely by the employee without pressure or coercion
(direct or implied) from the employer. Therefore, requests from the employer to
participate in "voluntold" activities are not permissible.
• The activities are predominately for the employee's own benefit.
CITY OF SCHERTZ
EMPLOYEE POLICY HANDBOOK
• The volunteer must not receive or expect to receive any compensation for work
performed.
• The services must be different from any service that the individual is employed to
perform for the employer.
CITY OF SCHERTZ
EMPLOYEE POLICY HANDBOOK
J Work Hours & Scheduling
PREPARED BY:
APPROVED BY:
DATE APPROVED:
EFFECTIVE DATE:
REPLACES VERSION:
Purpose
Human Resources
City Council
3/26/2013
3/27/2013
2.2
To establish policies and procedures regarding the workweek, work hours and office
hours to maximize the city's capabilities to provide services to citizens.
Policy
Employees are expected to report to work and observe their approved work schedule.
Applicability
This policy applies to all city employees
Standard Work Hours:
Standard Workweek: The standard workweek for most employees (except as explained
for commissioned police and uniformed fire personnel, and EMS personnel) is 8:00 a.m.
to 5:00 p.m., Monday through Friday. Although a normal workweek for many regular,
full-time employees is forty ( 40) working hours per week, the workweek may vary by
department and operational necessity.
Standard Work Day: The standard work day for regular, full-time employees is eight
(8) hours. Meal time during a work shift is not considered compensable time unless the
employee is required to work during the meal time. Employees may be granted a 15
minute rest period with pay during the first and second halves of the work day; however,
this privilege is not guaranteed.
Individual Work Schedules: An employee's work schedule is determined by the
department 's operating requirements and subject to change at any time by the Department
Head or designee. An employee's work schedule may be adjusted within the standard
workweek (or other designated work period as allowed by FLSA) to avoid the payment
of overtime or accrual of compensatory time.
Required Work Time: All city employees may be required to work hours in excess of
their normal work hours when necessary as determined by the supervisor. An employee is
expected to respond to a reasonable request to work extra hours and may be subject to
discipline for failure to work such hours.
CITY OF SCHERTZ
EMPLOYEE POLICY HANDBOOK
Department Head Responsibilities: Each Department Head is responsible for ensuring
that supervisors and employees are complying with established work schedules and that
unscheduled work is performed only in bona fide emergencies. The mere establishment
of schedules (written or verbal) does not relieve the Department Head of his/her
responsibility for controlling work time.
It is advised that supervisors and managers limit the use of extended shifts and increase
the number of days employees work. Working long shifts will generally result in reduced
productivity and alertness. When shifts are extended past normal work periods, additional
break periods and meals should be provided
Unauthorized Working Time: Unless approved in advance by the employee's
supervisor, non-exempt employees performing work at any time other than authorized
working time is prohibited. Such time would include, but is not limited to, work
performed before or after regular work hours or work taken home. Except for Police,
Fire, and EMS, any hours to be worked in excess of forty ( 40) hours in a week, except in
the case of emergencies, require the advance approval of the Department Head or the
designated representative.
Hours Worked: Only hours actually worked count as hours worked for the purpose of
overtime. Vacation, sick, and compensatory time (comp time) do not count as hours
worked (Refer to the overtime rules under the FLSA policy).
Dual Employment: Dual employment within the City is allowed only where the
combined standard work hours for both positions is less than or equal to forty ( 40) hours
per week and when no conflicts exist with work schedules (including overtime) between
the two positions. Exceptions are only allowed upon express written approval of the City
Manager.
Lunch Periods
Regular, full-time employees generally have one hour off for lunch. Depatiment Heads
will arrange lunch schedules so that his/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. Employees shall not work through their designated lunch periods unless
authorized by their direct supervisors as this has implications on productivity and
overtime costs .
Rest Periods
Regular full-time 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 who are not full-time should generally have one 15 -minute break after four
(4) consecutive hours of work. Employees with varying schedules should adjust their
CITY OF SCHERTZ
EMPLOYEE POLICY HANDBOOK
break periods accordingly through consultation with their supervisor. Time allotted for
rest periods may not be applied to any other time, absence, leave, or time off. Jn all
events, Department Heads have the authority to schedule rest periods so that necessary
work can be accomplished. This policy does not apply to shift workers except at the
discretion of the Department Head , based upon scheduling and the availability of
personnel for relief purposes.
Employees should recognize that breaks provided outside lunch periods are a privilege
and not an entitlement.
Police Department Work Schedule
The term "tour of duty" is a unique concept applicable only to Section 207(K)
employees. This term refers to periods of time when a patrol officer is considered to be
on duty for purposes of determining compensable hours . The time may be scheduled or
unscheduled. Scheduled time includes "shifts" and is the time the employee is regularly
assigned. Unscheduled time is spent in work outside the "shift". Even though the specific
work performed may not have been assigned or scheduled in advance, the time must be
included in the compensable tour of duty.
Police Department Shift-Work
The standard work shift of the Police Department may consist of the following schedules:
• Eight (8) hours per day;
• Ten (10) hours [forty (40) hours per workweek];
• Twelve (12) hours;
• Twelve ( 12) hours and fifteen ( 15) minutes per day (86 hours per pay period)
For more specific information regarding shift assignments and duties for the Police
Department, employees should refer to the Police Department Standard Operating
Procedures (SOP's)
Each officer works a total of fo11y (40) scheduled hours per work period .
Fire Department Work Schedule
The Fire Department sets work schedules for their personnel and notifies employees in
writing of their work schedule assignments.
Fire Department Shift-Work
The standard work shift of the Fire Department may consist of the following schedules:
• Eight (8)-hour shifts
• Twenty-four (24)-hour shifts (168 hours per 21 consecutive days);
• Twenty-four (24)-hour shifts (212 hours per 28 consecutive days).
CITY OF SCHERTZ
EMPLOYEE POLICY HANDBOOK
For more specific information regarding shift assignments and duties for the Fire
Department, employees should refer to the Fire Department SOP 's.
EMS Department Work Schedule
EMS sets work schedules for their personnel and notifies employees in writing of their
work schedule assignments.
Fire Department Shift-Work
The standard work shift of the EMS may consist of the following schedules:
• Eight (8)-hour shifts
o Ten (I 0)-hour shifts
• Eleven ( 11 )-hour shifts
• Twelve ( 12)-hour shifts
• Twenty-Four (24)-hour shifts
For more specific information regarding shift assignments and duties for the EMS
Department, employees should refer to the EMS SOP's.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
I Compensatory (Comp) Time
PREPARED BY:
APPROVED BY:
DATE APPROVED:
EFFECTIVE DATE:
REPLACES VERSION:
Purpose
Human Resources
City Council
6/11/2013
6/12/2013
4.1.6
Compensatory time off ("comp time") is paid time off that may be earned and accrued by
non-exempt employees in lieu of immediate cash payment for working overtime hours.
Policy
All regular full -time employees classified as non -exempt shall be paid at one and one-
half times their regular rate of pay, as defined under Fair Labor Standards Act (FLSA),
for hours worked in excess of their regular work weeks or regular work periods. Non-
exempt employees may, however, accrue compensatory time in lieu of overtime pay.
FLSA prohibits an employer from requiring an employee to accept comp time off for
overtime hours worked. An employer may grant comp time for overtime hours worked in
lieu of overtime pay upon employee agreement.
Applicability
All regular non-exempt full-time employees are eligible to accrue comp time. Exempt,
part-time, seasonal, and/or temporary employees are not eligible to accrue comp time.
Accruing Comp Time
When practical, overtime and comp time should be avoided but, if necessary, should be
scheduled by the appropriate supervisor. Employees must receive prior approval from
their supervisor prior to working over and beyond regular work schedules where comp
time or overtime would begin to accrue. Working unauthorized hours or overtime by
employees shall be considered grounds for disciplinary action.
Supervisors and employees should discuss whether overtime or compensatory time will
be accrued before any work is scheduled by the supervisor or performed by the
employee. Aga in , an employer may grant comp time for overtime hours worked in lieu of
overtime pay upon employee agreement.
Comp time will accrue for employees at a rate of one and one-half (1 Yz) hours for every
hour worked in excess of the standard 40-hour work week. Employees who do not work a
standard 40 -hour work week (i.e. Police, Fire, and EMS emp lo yees and who are covered
under 207(k) of the FLSA and applicable provisions of state Jaw) will accrue comp time
based on FLSA standards for their work cycle.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
The maximum accrual for comp time for employees is as follows:
Employees assigned to a standard 40 -hour work week may accrue up to 40
hours at any given time.
Employees assigned to a 56 -hour work week may accru e up to 36 hours at any
given time.
EMS employees on 24-hour shifts may accrue up to 72 hours at any given
time .
Employees who have reached their maximum comp time accruals will be paid for any
overtime worked in accordance with the Fair Labor Standards Act.
Carryin g Over Comp Time
Comp time accruals may carry over into the beginning of each subsequent fiscal year for
employees. The maximum number of hours that may be carried over by employees is as
follows:
Employees assigned to a standard 40 -hour work week may carry over up to 20
hours into the beginning of the subsequent fiscal year.
Employees assigned to a 56-hour work week may carry over up to 36 hours
into the beginning of each subsequent fiscal year.
EMS employees on 24-hour shifts may carry over up to 48 hours into the
beginning of each subsequent fiscal year.
Any comp time that an employee is unable to carry over into each subsequent fiscal year
will be paid at his/her regular rate of pay.
Use of Comp Time
Comp time accrued and used by employees shall be recorded and then forwarded to
payroll where they will be maintained as official records. Comp time accrued in any
given pay period shall not be used during that same pay period.
Employees may take comp time off at the discretion of their direct supervisor. Comp time
off must not unduly disrupt departmental operations and must have prior supervisory
approval.
City policy requires all applicable leave to be exhausted prior to authorizing an unpaid
leave of absence for any employee. Therefore, comp time and vacation leave will
automatically substitute an insufficient balance of sick leave or other requested leave
according to the following schedule :
Vacation Comp Time
Pay Outs for Comp Time
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Employees will be paid for accumulated, unused comp time upon separation of
employment at their regular rate of pay, regardless of the reason for employment
separation.
If an employee is promoted from a non -exempt to an exempt position, any accrued ,
unused comp time shall be paid out at the employee's regular rate of pay for the position
held before the promotion .
Any time that an employee with accrued comp time accruals transfers to another
department, his/her hours accrued shall be cashed out at their current hourly rate of pay.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Bereavement Leave
PREPARED BY: Human Resources
APPROVED BY: City Council
DATE APPROVED: 10/29/2013
EFFECTIVE DATE: 10/30/2013
REPLACES VERSION: July 9, 2009 Bereavement Policy
Purpose
The purpose of this policy is to identify the rules and procedures in regard to the use of
bereavement leave.
Applicability
All regular full-time and regular part-time employees are eligible for paid bereavement leave
from the first day of employment.
Definitions
Immediate Family Member - For the purposes of this policy, an immediate family member is
defined as an employee’s spouse (including common-law), child (including foster and step),
parents (including current stepparents and current in-laws), siblings (including half, current step,
and current in-laws), grandparents, grandchildren, or any other person living in the employee’s
household.
Policy
Employees will receive bereavement leave in accordance with the time they would have
normally worked per their individual schedules. For example, if a City employee requests
bereavement leave on a day where he/she is scheduled to work ten (10) hours, the employee
would receive ten (10) hours of bereavement leave. Bereavement leave is stand-alone paid leave
and shall not be charged to any other forms of leave.
It shall be the policy of the City that, in the event of the death of an employee’s immediate
family member, the employee shall be entitled to bereavement leave in accordance with the
following schedule:
Employees on 4-hour, 8-hour or 10-hour work days/shifts = 3 work days/shifts of
bereavement leave
Employees on 12-hour work days/shifts = 2 work days/shifts of bereavement leave
Employees on 24-hour work days/shifts = 1 work day/shift of bereavement leave
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
The schedule below lists a maximum number of days/shifts that may be approved by the City
Manager in the event the funeral of the immediate family member is out of state:
Employees on 4-hour, 8-hour or 10-hour work days/shifts = 5 work days/shifts of
bereavement leave
Employees on 12-hour work days/shifts = 4 work days/shifts of bereavement leave
Employees on 24-hour work days/shifts = 2 work day/shifts of bereavement leave
If an employee has two (2) or more immediate family members who pass away due to a single
event, the employee may be granted additional bereavement leave on a case-by-case basis upon
review and approval by the City Manager.
Memorial Trees
The City will honor deceased active duty and retired employees who have served the City for ten
(10) or more years and their deceased spouses by planting a tree in the City. These trees will be
placed in areas of the City in need of trees and will honor those deceased individuals.
Appropriate Use of Bereavement Leave
Bereavement leave may be used by an employee in the case of the death of an immediate family
member. Bereavement leave should be used within four (4) weeks of an immediate family
member’s death but may be extended by the employee’s Executive Director in unique
circumstances. Bereavement leave must be used in full work day/shift increments but does not
have to be used on consecutive work days/shifts. Bereavement leave shall not be accrued or
saved like other types of employee leave.
Payment of Bereavement Leave
Payment for bereavement leave is at the employee’s regular rate of pay. Paid time off for
bereavement leave is not considered time worked within any given workweek or work cycle.
Time off may also be granted to attend the funerals of friends or other close relatives who are not
immediate family members upon the approval of the employee’s supervisor, but the employee
shall utilize his/her available sick leave, comp time, or vacation leave in these instances.
Procedures for Notification
Although providing advanced notice for taking bereavement leave is often not possible, the City
requests that employees provide as much notice as possible to their supervisors when requesting
bereavement leave.
Documentation
The City reserves the right to request pertinent information when bereavement leave is taken by
City employees, including deceased relative’s name, the name and address of the funeral home,
and the date of the funeral.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
In the event an employee wishes to provide information about his/her deceased family
member(s) to his/her work colleagues, he/she may communicate the information as he/she
wishes. However, if an employee wishes to communicate information about his/her deceased
family member(s) to all City employees, he/she must provide a written request to Human
Resources, stating that he/she wishes to publish information about the deceased family member
on a City employee forum or board.
Abuses
Any employee abusing the employee bereavement policy through falsification may be subject to
disciplinary action up to and including termination.
Related Policies
Comp Time
Sick Leave
Vacation
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Classifications of Employment
PREPARED BY: Human Resources
APPROVED BY: City Council
DATE APPROVED: 10/29/2013
EFFECTIVE DATE: 10/30/2013
REPLACES VERSION: 2.7
Purpose
This policy provides working definitions of terms that are used throughout the City’s policies to
provide uniformity and equity in applying policies and benefits. These definitions will, in some
instances, outline benefits, terms of employment, and other related issues.
Policy
The City maintains standard definitions of employment status and classifies employees for
purposes of benefits, salary administration, and related payroll transactions. All employees in
this policy are subject to all work rules within the employee handbook.
This policy does not, in any way, establish a contractual agreement for employment between the
City and the employee.
Definitions
At-Will – Employment may be terminated with or without cause and with or without notice at
any time by the employee or the City except as otherwise provided by law, the City Charter, or
the Employee Handbook. All categories and classifications of employees at the City are “At-
Will”.
Exempt – Any position that is classified as exempt by Fair Labor Standards Act (FLSA). This
classification is paid on a salary basis. This classification is not eligible for overtime pay and/or
compensatory time off.
Non-Exempt – Any position that is generally eligible for overtime pay and/or compensatory time
off under the specific provisions of Federal and State wage and hour laws. This does not include
positions classified as recreational exempt under the FLSA.
Regular Full-Time – Positions that are ordinarily of indefinite duration. These positions,
whether exempt or non-exempt, are typically scheduled for forty (40) hours per workweek.
Regular full-time positions assigned to fire suppression, by FLSA rule, typically work an average
of fifty-three (53) hours per workweek. Regular full-time employees are eligible for all city
benefits.
Regular Part-Time – Positions that are ordinarily of indefinite duration. These positions,
whether exempt or non-exempt, are regularly scheduled for at least ten (10) hours per workweek
but fewer than thirty (30) hours per workweek. Non-exempt positions within this classification
are eligible for overtime pay for hours worked in excess of forty (40) in a workweek. Regular
part-time employees are eligible for some benefits but not all benefits.
Irregular Part-Time – Positions that are ordinarily of indefinite duration. These positions,
whether exempt or non-exempt, are scheduled only when work is available, and shall work fewer
than thirty (30) hours per workweek (130 hours per month) on average within any given calendar
year. There are no regularly scheduled hours for these positions. Irregular part-time employees
are not eligible for city benefits except possibly retirement, depending on how many hours an
employee works within any given calendar year.
Temporary – Assignments that are of a limited duration, ordinarily specified in advance. A
temporary employee may be full-time or part-time. Temporary positions are paid on an hourly
basis and may be scheduled to work up to forty (40) hours per workweek. Positions within this
classification are eligible for overtime pay for hours worked in excess of forty (40) in a
workweek. Temporary positions have no guarantee of continuous employment from one year to
another. Employees occupying recurring temporary positions are required to re-apply for such
positions every year. Temporary employees are not eligible for city benefits except possibly
retirement, depending on how many hours an employee works within any given calendar year.
Intern – An internship is a temporary part-time or full- time position. Interns shall work less than
1,000 hours per calendar year. An internship may be paid or unpaid (volunteer). An internship
should be presented during the budget process; however, the City Manager may approve an
internship during the fiscal year depending on available funds in the respective department. To
be eligible, an intern shall be enrolled in an accredited college or work program and must meet
the qualifications set forth in the job posting. Internships will be reviewed each semester and
may be extended or terminated. Internships should generally end after one year but may be
extended beyond one year at the City Manager’s discretion.
Emergency Temporary – Whenever an emergency exists that requires the service of personnel
who are not otherwise available for budgeted vacant positions, the City Manager may
immediately appoint such personnel for a period not to exceed 90 working days without regard
to normal recruitment and selection requirements. An emergency temporary appointment shall
not be used to circumvent normal employment procedures. The employee involved shall not
acquire any status or rights in the position to which temporarily appointed.
Assigned Staff – Staff assigned to the City through an inter-local agreement or other type of
agreement but is paid directly by another government or private organization. Assigned staff
members are not employees of the City. Assigned staff benefits are specified in the contract for
services. As a condition of their assignment, such staff is governed by all terms of these policies
not in conflict with their contract for services.
Related Policies
FLSA
Work Hours & Scheduling
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Nepotism
PREPARED BY: Human Resources
APPROVED BY: City Council
DATE APPROVED: 12/10/2013
EFFECTIVE DATE: 12/11/2013
REPLACES VERSION: 2.1.4
Purpose
The City places limitations on the employment of relatives to comply with all applicable laws and to
prevent a condition of conflict between personal relationships and a City employee’s duties and
responsibilities to the City. This policy is designed to prevent a supervisor/subordinate relationship
between relatives. This policy is also designed to prevent favoritism or the perception of favoritism
by other employees in the department and/or City.
Applicability
This policy is applicable to all employees, temporary employees, and interns. For the purposes of this
policy, interns are defined as employees.
Definitions
Affinity – Includes the spouse of an elected City official or employee and individuals related to the
spouse.
Consanguinity – Includes individuals related by blood to an elected City official or employee.
Department – A major administrative branch of the City that reports to a Department Head and
provides management responsibility for a group of related functions.
Nepotism – The practice of favoring relatives over others.
Relatives – Includes, but is not limited to, the first, second and third degree of consanguinity (blood),
adoption; and the first and second degree of affinity (marriage). Common Law marriages as
recognized by the State of Texas will also be included for purposes of this policy. Adopted and foster
children shall be counted as blood relatives.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Consanguinity (relative by blood)
First Degree Second Degree Third Degree
Father or Mother
Son or Daughter
(& Spouse)
Grandparents
Grandchildren
(& Spouse)
Uncle or Aunt
(& Spouse)
Brother or Sister
(& Spouse)
First Cousin
(& Spouse)
Nephew or Niece
(& Spouse)
Great Grandparents
Great Grandchildren
(& Spouse)
Great Uncle or Aunt
(& Spouse)
Children of Great Uncle or Aunt
(& Spouse)
Second Cousin
(& Spouse)
Children of First Cousin
(& Spouse)
Great Nephew or Niece
(& Spouse)
Affinity (relative by marriage)
First Degree Second Degree
Spouse
Father or Mother
Son or Daughter
Grandparents
Grandchildren
Uncle or Aunt
First Cousin
Nephew or Niece
Brother or Sister
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Policy
Nepotism is the showing of favoritism toward a relative. The City forbids the practice of nepotism in
hiring personnel or awarding contracts.
Grandfather Clause: Employees hired before the effective date of this policy shall be allowed to
continue working in their current positions. After the effective date of this policy, no person shall be
hired by the City if their employment with the City could violate this policy.
Relatives of Officials
No person related to any elected City official, the City Manager, Executive Directors, or the Human
Resources Director within the first, second, or third degree by consanguinity (blood) or within the
first and second degree by affinity (marriage) shall be employed with the City.
This prohibition does not apply to employees who have been continuously employed by the City for
at least two (2) years prior to the election of a City official related in the prohibited degree or to
temporary employees. Furthermore, per state law, this prohibition does not apply to an employee
related to the City Manager in the prohibited degree where the employee has been continuously
employed by the City for a period of at least 30 days prior to the appointment of the City Manager.
Relatives of City Employees
General Provisions: No City employee shall have a relative working in the same department or any
division within the same department as him/her.
Supervision: No City employee shall directly or indirectly supervise a relative or supervise the work
quality of a relative. Furthermore, no City employee shall be transferred or promoted into positions
that require them to supervise the work quality of a relative or be placed in a direct or indirect
supervisor/subordinate relationship with a relative.
No City employee shall hold a job where the employee exercises supervisory authority over the
work, work assignments, working conditions, or compensation/benefits of any relative who is also
employed by the City.
Relatives shall not be employed in a position whereby they would share the same immediate
supervisor.
Applicants: At the time of application, all applicants must disclose the name(s) of any relative(s)
serving as an elected City official and any relative(s) currently employed by the City.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Promotions/Transfers: All employees who are being considered for promotion or who are being
transferred to another position, (whether in the same department or to a position in another
department), must disclose the name(s) of any relative(s) serving as an elected City official or any
relative(s) currently employed by the City.
Conflict of Interest: The City reserves the right to prohibit the hiring, transfer, or promotion of any
employee relative to any position within the City if the employment action could create an adverse
impact on work performance, work conditions, a conflict of interest for the City, or the appearance of
a conflict of interest for the City.
If a current employee has a relative elected to a position with the City, the employee must either
resign his/her position or the relative elected to City office must resign his/her elected position unless
the employee has been employed by the City for at least two (2) years prior to the election.
Recommendations for Hiring: A current City employee shall not be involved in the hiring or
selection of a relative.
Disciplinary Actions: No supervisor or any employee with supervisory authority, including the City
Manager, Executive Directors, or Department Heads, shall participate in the disciplinary process,
disciplinary decisions, or disciplinary appeals involving his/her relative.
Investigations: No employee, including the City Manager, Executive Directors, or Department
Heads, shall oversee or have any responsibility in conducting any City or internal investigation
involving his/her relative.
Special Considerations
Employees Who Become Relatives: If employees become relatives and are in a direct or indirect
supervisor-subordinate relationship, or in positions where a condition of conflict would exist, one or
both of the employees shall notify Human Resources of this change in relationship status. Either or
both of the employees may seek a transfer or resign from their respective positions.
The decision as to which employee will vacate his/her position will, initially, be left up to the
affected employees. The affected employee(s) will have fourteen (14) calendar days after becoming
relatives to seek and/or be selected for another City position not barred by this policy or any other
City policy.
If one of the employees fails to seek and/or be selected for another position not barred by this or
other policy within fourteen (14) calendar days of becoming relatives, the employee who has the
least seniority with the City, based upon the most recent hire date, will be required to vacate his/her
position. The respective Department Head will consult with the Human Resources Department prior
to any termination of employment.
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EMPLOYEE HANDBOOK
Transfer Accommodations: Accommodations may be provided to employees who are impacted by
this policy if no positions are available for which the employee would qualify to transfer into within
the fourteen (14) day period (see above- Employees Who Become Relatives). The following
conditions will apply when accommodations are granted:
1. The employee will be given the opportunity to apply or interview for jobs, within reason, on
City time. The employee will be required to provide advanced notice to his/her supervisor
(prior to the date of such interview or appointment) and work with the supervisor on
scheduling such absences.
2. An employee who is offered a position with the City at a lower level than the one previously
held will receive his/her former salary unless that salary is greater than the top of the range of
the new position. In this case, the employee's new salary will be set at the top of the range of
the new position.
3. Accommodations will not be given to an employee who refuses a bona fide job offer.
Accommodations will not extend beyond six (6) months after the employees last day of work
with the City.
4. Accommodations will only be given when the employee meets all minimum qualifications
for the position in which he/she applies.
5. The City Manager will have the final approval on any accommodations.
Related Policies
Classification of Employment
Progressive Discipline and Disciplinary Appeals Policy
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Performance Management
PREPARED BY: Human Resources
APPROVED BY: City Council
DATE APPROVED: 6/3/2014
EFFECTIVE DATE: 6/4/2014
REPLACES VERSION: 5.4
Purpose
The purpose of the Performance Management Policy is to outline the City’s performance
management system for documenting employee performance. Performance management
ensures constructive communication between employees and supervisors in the interest of
productivity, quality, and fairness. The supervisor of an employee must specifically
document in quantitative and qualitative terms whether or not, and to what degree,
performance standards have been met.
In order to ensure that all employees receive regular feedback on their performance,
supervisors should evaluate the job performance of all employees working for them on a
regular basis, but in every case, no less than twice a year. Performance evaluations
establish a performance history with the organization and are used to help supervisors
make decisions regarding performance standards, promotions, transfers, and merit
increases. Performance evaluations also provide management with a tool for assessing
individual and organizational productivity. All original performance evaluations are
maintained by the Human Resources Department.
Applicability
This policy applies to all regular part-time and regular full-time City employees.
Definitions
Evaluation Period – The period beginning immediately after each employee’s annual
performance evaluation and ending immediately prior to the following annual
performance evaluation.
Demotion – To reduce to a lower pay grade or position with decreased responsibility
Key Performance Indicators or KPIs – A set of quantifiable measures used to evaluate
job performance in terms of meeting strategic or operational goals.
Promotion – Advancement in pay and position with increased responsibility
Transfer – To move to an equivalent position with comparable responsibility and pay
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Policy
The City will provide a uniform and equitable process of communicating to employees
the performance expectations, their actual achievements, and recommendations for
improving performance. Performance management processes are critical because
employees need to know areas in which they are having success as well as areas in which
improvement is necessary to meet performance standards, expectations, and goals.
Performance for regular full-time and regular part-time employees will be evaluated at
least twice per year. Annual performance evaluations shall serve as the basis for any
performance-based salary increases depending on the annual budget and merit goals.
Temporary, seasonal, or contract employees, including interns, are not eligible to receive
evaluations or merit increases.
Performance Management Process
The performance management process is used to set expectations, set goals, document
performance, provide periodic feedback on performance, and to identify areas where
improvement is needed.
The performance management cycle includes the following activities:
1. In conjunction with each annual performance evaluation, supervisors and
employees should discuss Key Performance Indicators, competencies,
performance standards, goals, expectations, and employment development needs
for the following Evaluation Period. These performance standards and
expectations will provide a method of measuring job behaviors.
2. In conjunction with each annual performance evaluation, supervisors and
employees will collaboratively create a performance plan for the employee, which
identifies employee training and developmental needs to enhance and improve
future performance and enhance career opportunities for the employee. It is also
used to prepare employees for lateral and/or vertical career changes. Through the
performance management process, goals can be set for acquiring new skills,
improving and/or correcting current employee performance, and for acquiring
new knowledge and skills to make career changes. Employee goals and
expectations should be consistent with the City’s vision, mission, goals, and core
values.
3. Upon completion of 1 and 2 above, employees shall sign an acknowledgment of
expectations, indicating their supervisor has evaluated their performance
expectations and goals with them and that the employee understands the
expectations placed upon them for the following Evaluation Period. This
documents the communication of performance expectations between the
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
employee and the employee’s supervisor. It also serves as a management tool for
ensuring that overall organizational goals and objectives are addressed.
4. New employees and employees who have been promoted, transferred, or demoted
shall be evaluated as outlined in the Probation Policy.
5. During the Evaluation Period, the City encourages each supervisor and employee
to have periodic discussions to review and document the employee's progress
toward achieving the performance standards outlined in the employee’s
performance plan.
6. During the Evaluation Period, performance evaluations for employees may be
performed on a quarterly basis or as needed for feedback purposes per the
Department Head.
7. During the Evaluation Period, supervisors shall conduct with each employee at
least mid-year performance evaluations and annual performance evaluations,
documenting actual achievements, assessing employees’ knowledge and skills,
and providing input into each employee’s performance plan.
The performance evaluation provides documentation of an employee’s achievements
toward meeting performance standards and expectations related to KPI’s and outlined in
the employee’s performance plan. It is the responsibility of the evaluating supervisor to
provide clear and specific feedback to his or her subordinate employees. All scores in the
evaluation process shall have specific, written explanations. In the performance
evaluation with employees, the supervisor should be able to expound and give specific
examples and feedback as to why he/she is giving a particular score to any KPI in the
evaluation.
Types of Performance Evaluations
There are several types of performance evaluations:
Employee Self-Assessment
Prior to the annual performance evaluation, each employee is given an opportunity to
assess his or her own performance and achievement during the Evaluation Period, and to
identify developmental needs. The employee’s comments provide information that may
be relevant to the reviewing supervisor. The employee’s input also provides the basis for
discussion between the supervisor and employee regarding future expectations, training,
and career development opportunities.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Mid-year Performance Evaluations
The mid-year performance evaluations will be conducted half-way through the
performance Evaluation Period. The mid-year performance evaluation shall not serve as a
basis for merit increases but will provide an opportunity for the employee and supervisor
to discuss the employee’s progress toward meeting performance standards and
competency development outlined in such employee’s performance plan. The mid-year
evaluation stands independent from the annual performance evaluation. Scores from the
mid-year performance evaluations shall not be incorporated with the annual performance
evaluations.
Annual Performance Evaluations
An annual performance evaluation is held to review and discuss the supervisor's
evaluation and the employee's self-assessment. The evaluation provides an opportunity
for the supervisor and employee to review the employee’s performance plan and to make
adjustments for the future as appropriate. The performance evaluation relates to the
performance of the employee for that Evaluation Period.
Department Heads are responsible for ensuring consistency of ratings within their
department. Evaluating supervisors should route the evaluations to the next level
supervisor for review and approval prior to submitting the evaluations to the Department
Head for approval. Once the Department Head has approved the evaluation, the
evaluating supervisor will then review the performance evaluation with the respective
employee.
Probationary Evaluations for New Employees and Employees Promoted,
Transferred, and Demoted
New employees and employees who have been promoted, transferred, or demoted shall
be evaluated as outlined in the Probation Policy.
Eligibility for Merit Increase
Annual performance evaluations will serve as the basis for merit increases. The mid-year
performance evaluations will not be calculated into the annual performance evaluation.
There should never be any expectation for an annual merit increase. Any wage or salary
increase will be dependent on the City’s budget.
An employee will not be eligible for a merit increase if that employee received an
increase in pay due to an annual merit raise or promotion within six months of the time
annual performance evaluations are initially due. Employees who receive an increase in
pay due to a cost of living adjustment (COLA), a market adjustment, or a pay adjustment
approved by the City Manager shall maintain their eligibility for the subsequent annual
performance merit.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Employees who have left their employment and have not received their annual
performance evaluation before annual merit increases are issued should not have any
expectation of receiving a merit increase.
Review of Evaluations
As a check and balance, the supervisors within the respective employee’s chain of
command should collaboratively review each employee’s annual performance evaluation
conducted by the direct supervisor. Once the Department Head has reviewed and
approved each employee’s evaluation, the supervisor of the employee under review shall
then discuss the employee’s evaluation with the respective employee. With regard to an
employee who reports directly to the City Manager, the Human Resources Director will
collaborate with the City Manager on such employee’s review before the City Manager
discusses the evaluation with the employee.
All annual performance evaluations shall be reviewed by at least two (2) reviewers.
Departments that have only one reporting step shall be required to have their respective
Executive Director review the employee evalu ations for that department. For employees
who report directly to the City Manager, the Human Resources Director shall also review
each employee’s evaluations.
Department Heads have final approval for all evaluations in their respective departments
and have the authority to request reviewing supervisors to make changes to employee
evaluations for any reason.
Employee Appeal of Evaluation
If the employee cannot understand the rationale behind the scoring or does not agree with
his or her evaluation, the employee may challenge the results of such evaluation.
The purpose of an evaluation appeal is to record the employee’s disagreement with the
supervisor’s evaluation of his/her performance. If an employee does not agree with the
supervisor’s assessment of the employee’s performance, the employee must state that
he/she does not agree with his/her evaluation. The employee shall then have the
opportunity to issue a written statement in a space provided on the evaluation, expressing
in detail why he/she disagrees with the evaluation. In this case, the evaluation will be
returned to the Department Head, who will begin a mediation process between the
employee and the employee’s line of supervision, including the employee’s direct
supervisor. At the conclusion of the mediation, the Department Head will decide whether
or not edits are to be made to the evaluation. The evaluation will then be resubmitted to
the employee for review, with or without changes. In cases where an employee is
vindicated, he/she will receive a revised annual performance evaluation and, if
applicable, back pay for any lost wages relating to a merit increase due to the revised
annual performance evaluation. In cases where the employee does not agree with the
evaluation after the Department Head review, the evaluation will be reviewed by the HR
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Department, the respective Department Head and the respective Executive Director. The
outcome of this review is final and will be sent to the employee. Employees can submit
comments and/or exceptions to their final evaluation review.
With regard to employees who report directly to the City Manager, such employees may
appeal to the Human Resources Director. The employee shall provide a written statement
in a space provided on the evaluation, expressing in detail why he/she disagrees with the
evaluation, to the Human Resources Director, who will begin a mediation process
between the employee and the City Manager. At the conclusion of the mediation, the
Human Resources Director and the City Manager will decide whether or not edits are to
be made to the evaluation. The evaluation will then be resubmitted to the employee for
review, with or without changes. The outcome of this review is final. Employees can
submit comments and/or exceptions to their final evaluation review. In cases where an
employee is vindicated, he/she will receive a revised annual performance evaluation and,
if applicable, back pay for any lost wages relating to a merit increase due to the revised
annual performance evaluation.
With regard to employees who report directly to the Human Resources Director, such
employees may appeal to the Chief of Staff. The employee shall provide a written
statement in a space provided on the evaluation, expressing in detail why he/she disagrees
with the evaluation, to the Chief of Staff, who will begin a mediation process between the
employee and the Human Resources Director. At the conclusion of the mediation, the
Human Resources Director and the Chief of Staff will decide whether or not edits are to
be made to the evaluation. The evaluation will then be resubmitted to the employee for
review, with or without changes. The outcome of this review is final. Employees can
submit comments and/or exceptions to their final evaluation review. In cases where an
employee is vindicated, he/she will receive a revised annual performance evaluation and,
if applicable, back pay for any lost wages relating to a merit increase due to the revised
annual performance evaluation.
Tracking and Record Keeping
Original employee performance evaluations are maintained in the personnel files in
Human Resources. Human Resources will conduct an administrative audit to ensure the
document is complete.
Distribution of copies
After all required signatures on an employee evaluation are obtained, the employee
evaluation is distributed as follows:
original to Human Resources;
copy to employee
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Unless otherwise provided by State law, access to an employee's performance evaluations
is limited to:
the employee;
Human Resources staff;
Legal staff;
a designated representative of the employee;
supervisors in the employee's line of supervision or;
an organizational hiring authority who is considering the employee's record in
relation to an actual job posting
Retention
Employee personnel files are maintained in accordance with State laws and regulations.
Related Policies
Probation
Transfers, Promotions, and Demotions
Progressive Discipline and Disciplinary Appeals
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Probation
PREPARED BY: Human Resources
APPROVED BY: City Council
DATE APPROVED: 6/3/2014
EFFECTIVE DATE: 6/4/2014
REPLACES VERSION: 3.3
Purpose
The purpose of the Probation Policy is to outline the City’s probationary period for (i)
new employees; (ii) employees promoted, transferred, or demoted; and (iii) employees
with performance issues. All employees must be assessed during this probationary period
and given feedback on progress or lack thereof. Any problems with employee
performance or conduct should be recorded and communicated to the employee on a
regular basis.
Applicability
All regular full-time and regular part-time employees
Definitions
Promotion – Advancement in pay and position with increased responsibility
Demotion – To reduce an employee’s position, responsibilities, or wages
Voluntary Demotion – A reduction in position, responsibilities, or wages that an
employee willingly and voluntarily accepts
Transfer – To move to an equivalent position with comparable responsibility and pay
Policy
The objective of the Probation Policy is to communicate how (i) new employees; (ii)
employees promoted, transferred, or demoted; and (iii) employees with performance
issues can demonstrate the requisite level of ability, conduct, interest, and skill to fulfill
position requirements on a regular basis.
At-Will Employment
The State of Texas is an “at-will” employment state. At-will means that an employer can
terminate an employee at any time, for any reason, with or without notice or cause as
long as the reason is not illegal. Therefore, this policy does not provide or guarantee an
employee any rights that would affect his/her “at-will” employment status.
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
Types of Probationary Evaluations:
Probationary Evaluations for New Hires
Supervisors shall meet with their new employees and develop a performance plan with
corresponding goals and performance expectations within the first thirty (30) days of
initial employment.
All newly hired or re-hired City employees shall be subject to a six (6) - month
probationary period. However, the probationary period may be extended up to three (3)
months at the discretion of the Department Head upon consultation with the Human
Resources Director. With regard to employees who report directly to the City Manager,
the probationary period may be extended up to three (3) months at the discretion of the
City Manager upon consultation with the Human Resources Director.
New employees are required to serve their probationary period before being designated as
regular employees. While a new employee is serving his/her probationary period, the
direct supervisor and/or designated mentor will observe the employee’s work and will
train and mentor the new employee in his/her position.
An employee performance evaluation shall be conducted at the conclusion of an
employee’s six (6) - month probationary period. If a new employee successfully
completes his/her probationary period, he/she shall be classified as a regular employee.
Employees who have their probationary period extended are required to be placed on a
Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals
Policy). At the end of the extended probationary period, the Department Head or the City
Manager, for employees who report directly to the City Manager, shall evaluate the
employee and recommend whether the employee shall continue employment or be
terminated.
Once an employee’s probationary period has successfully concluded, a formal
performance evaluation for merit consideration will be conducted at the following annual
performance evaluation. Performance merit increases are dependent on the budget
approved by City Council.
The City may terminate an employee during the probationary period as described in the
Section entitled “Termination During the Probationary Period” in this Probation Policy.
Probationary Evaluations for Promotions
Supervisors shall meet with employees who have been promoted to a new position to
develop a performance plan with corresponding goals and performance expectations
within the first thirty (30) days of the effective promotion.
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EMPLOYEE HANDBOOK
Employees who are promoted to another position or another department within the City
are required to serve a six (6) month probationary period in their new position and/or
department. However, the probationary period may be extended up to three (3) months at
the discretion of the Department Head upon consultation with the Human Resources
Director. With regard to employees who report directly to the City Manager, the
probationary period may be extended up to three (3) months at the discretion of the City
Manager upon consultation with the Human Resources Director.
Promoted employees are required to serve their probationary period before the promotion
is permanent. While a promoted employee is serving his/her probationary period, the
direct supervisor and/or designated mentor will observe the employee’s work and will
train and mentor the promoted employee in his/her position.
An employee performance evaluation shall be conducted at the conclusion of an
employee’s six (6) - month probationary period. If a promoted employee successfully
completes his/her probationary period, he/she shall continue in such position on a
permanent basis.
Employees who have their probationary period extended are required to be placed on a
Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals
Policy). At the end of the extended probationary period, the Department Head or the City
Manager, for employees who report directly to the City Manager, shall evaluate the
employee and recommend whether the employee shall continue employment or be
terminated.
Once an employee’s probationary period has successfully concluded, a formal
performance evaluation for merit consideration will be conducted at the following annual
performance evaluation. Performance merit increases are dependent on the budget
approved by the City.
The City may terminate an employee during the probationary period as described in the
Section entitled “Termination During the Probationary Period” in this Probation Policy.
Additional Considerations for Promoted Employees
No employee shall be promoted to another department while still serving probation
unless approved by the transferring department and the City Manager.
Before the probationary period concludes, an employee may transfer or demote to
another position and/or another department if the employee is not satisfied in any way
with his/her new position or cannot meet the demands of his/her new position. The
employee may request in writing a voluntary demotion or transfer to his/her former
position or another position for which he/she may be qualified before the probationary
period concludes, provided the employee’s former position or position in question has not
been filled, the employee meets the qualifications for the position, and the affected
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EMPLOYEE HANDBOOK
Department Heads and the Human Resources Department approve the transfer or
voluntary demotion (see rules for voluntary demotion under the Progressive Discipline
and Disciplinary Appeals Policy).
Regular part-time employees who work on average twenty (20) hours per week and are
promoted to an equivalent full-time position will not be required to serve an additional
probationary period. If the employee has not completed his/her probationa ry period when
moved to the equivalent full-time position, the employee will complete the remainder of
his/her probationary period in his/her new full-time position.
Probationary Evaluation for Transfers
Supervisors shall meet with employees who have been transferred to a new position to
develop a performance plan with corresponding goals and performance expectations
within the first thirty (30) days of the effective transfer.
Employees who are transferred to another position or another department within the City
are required to serve a six (6) month probationary period in their new position and/or
department. However, the probationary period may be extended up to three (3) months at
the discretion of the Department Head upon consultation with the Human Resources
Director. With regard to employees who report directly to the City Manager, the
probationary period may be extended up to three (3) months at the discretion of the City
Manager upon consultation with the Human Resources Director.
Transferred employees are required to serve their probationary period before the transfer
is permanent. While a transferred employee is serving his/her probationary period, the
direct supervisor and/or designated mentor will observe the employee’s work and will
train and mentor the transferred employee in his/her position.
An employee performance evaluation shall be conducted at the conclusion of an
employee’s six (6) - month probationary period. If a transferred employee successfully
completes his/her probationary period, he/she shall continue in such position on a
permanent basis.
Employees who have their probationary period extended are required to be placed on a
Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals
Policy). Inter-departmental transfers to an equivalent position/rank shall not be subject to
a probationary period. At the end of the extended probationary period, the Department
Head or the City Manager, for employees who report directly to the City Manager, shall
evaluate the employee and recommend whether the employee shall continue employment
or be terminated.
Once an employee’s probationary period has successfully concluded, a formal
performance evaluation for merit consideration will be conducted at the following annual
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EMPLOYEE HANDBOOK
performance evaluation. Performance merit increases are dependent on the budget
approved by the City.
The City may terminate an employee during the probationary period as described in the
Section entitled “Termination During the Probationary Period” in this Probation Policy.
Additional Considerations for Transferred Employees
Employees who are required to transfer to similar positions with an equal pay grade at no
fault of their own will not be required to serve probation in their new positions.
Employees who voluntarily transfer to another position, regardless of position type or
pay, shall be required to serve a six (6) month probationary period.
No employee shall be transferred to another department while still serving probation
unless approved by the transferring department and the City Manager.
Before the probationary period concludes, an employee may transfer or demote to
another position and/or another department if the employee is not satisfied in any way
with his/her new position or cannot meet the demands of his/her new position. The
employee may request in writing a voluntary demotion or transfer to his/her former
position or another position for which he/she may be qualified before the probationary
period concludes, provided the employee’s former position or position in question has not
been filled, the employee meets the qualifications for the position, and the affected
Department Heads and the Human Resources Department approve the transfer or
voluntary demotion (see rules for voluntary demotion under the Progressive Discipline
and Disciplinary Appeals Policy).
Regular part-time employees who work on average twenty (20) hours per week and are
transferred to an equivalent full-time position will not be required to serve an additional
probationary period. If the employee has not completed his/her probationary period when
moved to the equivalent full-time position, the employee will complete the remainder of
his/her probationary period in his/her new full-time position.
Probationary Evaluations for Demotions
Supervisors shall meet with employees who have been demoted or who have voluntarily
demoted to another position to develop a performance plan with corresponding goals and
performance expectations within the first thirty (30) days of the effective demotion.
Employees who are demoted or who have voluntarily demoted to another position or
another department within the City are required to serve a six (6) month probationary
period in their new position and/or department. However, the probationary period may be
extended up to three (3) months at the discretion of the Department Head upon
consultation with the Human Resources Director. With regard to employees who report
directly to the City Manager, the probationary period may be extended up to three (3)
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EMPLOYEE HANDBOOK
months at the discretion of the City Manager upon consultation with the Human
Resources Director.
Demoted employees and employees who voluntarily demote are required to serve their
probationary period before such position is permanent. While a demoted employee or a
voluntarily demoted employee is serving his/her probationary period, the direct
supervisor and/or designated mentor will observe the employee’s work and will train and
mentor the demoted employee or voluntarily demoted employee in his/her position.
An employee performance evaluation shall be conducted at the conclusion of an
employee’s six (6) - month probationary period. If a demoted employee or a voluntarily
demoted employee successfully completes his/her probationary period, he/she shall
continue in such position on a permanent basis.
Employees who have their probationary period extended are required to be placed on a
Performance Improvement Plan (See Progressive Discipline and Disciplinary Appeals
Policy). At the end of the extended probationary period, the Department Head or the City
Manager, for employees who report directly to the City Manager, shall evaluate the
employee and recommend whether the employee shall continue employment or be
terminated.
Once an employee’s probationary period has successfully concluded, a formal
performance evaluation for merit consideration will be conducted at the following annual
performance evaluation. Performance merit increases are dependent on the budget
approved by the City.
The City may terminate an employee during the probationary period as described in the
Section entitled “Termination During the Probationary Period” in this Probation Policy.
Probationary Evaluations for Performance Reasons
Chronic performance or behavioral issues may result in an employee being placed on
probation. Employees who are placed on probation for performance of behavioral issues
shall be evaluated in accordance with the City’s Progressive Discipline and Disciplinary
Appeals Policy.
Termination During the Probationary Period
Subject to the “at-will” employment laws of the State of Texas, an employee in a
probationary status may be dismissed at the discretion of the Department Head or
designee, who has the authority to terminate an individual, if it is determi ned that the
employee is not suited for the job and provided there is prior review by the Human
Resources Director or designee, and the termination does not violate the federal, state, or
local law (see proper procedures for termination under the Progressive Discipline and
Disciplinary Appeals Policy). It is the responsibility of supervisors to document failure of
an employee to successfully complete his/her probation. When there is no serious
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EMPLOYEE HANDBOOK
misconduct (as defined in the Progressive Discipline and Disciplinary Appeals Policy),
employees may be permitted to resign.
Subject to the “at-will” employment laws of the State of Texas, an employee in a
probationary status who reports directly to the City Manager may be dismissed at the
discretion of the City Manager, if it is determined that the employee is not suited for the
job and provided there is prior review by the Human Resources Director, and the
termination does not violate the federal, state, or local law (see proper procedures for
termination under the Progressive Discipline and Disciplinary Appeals Policy). In cases
in which an employee reports directly to the City Manager, it is the City Manager’s
responsibility to document failure of an employee to successfully complete his/her
probation. When there is no serious misconduct (as defined in the Progressive Discipline
and Disciplinary Appeals Policy), employees may be permitted to resign.
Leave for Probationary Employees
Employees serving their initial probationary period accrue vacation leave and sick leave
on the first day of employment, the same as non-probationary regular employees.
Vacation leave during probation will not be authorized except at the discretion of the
Department Head for significant personal events in the employee’s life or as pre-
approved by the Department Head at the time of hiring. Vacation time is allowed after
probation has been successfully completed.
During the initial probationary period, a new employee is eligible to use accrued sick
leave for qualifying absences.
Complaint Procedures During the Initial Probationary Period
Throughout the probationary period of initial employment, probationary employees may
not utilize or access the City’s complaint procedure and are subject to discharge without
recourse except on grounds of illegal discrimination and/or illegal activity (refer to
special provisions under Disciplinary and Disciplinary Appeals Policy).
Related Policies
Progressive Discipline and Disciplinary Appeals
Vacation Leave
Sick Leave
Performance Management
Transfers
Promotions
CITY OF SCHERTZ
EMPLOYEE HANDBOOK
2.5 Firearms and Weapons – Concealed and Open Carry Effective Date: 01/01/2016
Revision Date: 01/08/2016
PREPARED BY: Human Resources
REVIEWED BY: Michael Hansen, Chief of Police
APPROVED BY: John Kessel, City Manager
REPLACES VERSION: May 2008, Firearms and Weapons
PURPOSE:
This policy outlines restrictions on employees carrying weapons on City property and/or while
performing City-related business.
POLICY:
The City of Schertz prohibits the possession of any weapon, including but not limited to handguns, by any
employee in City buildings, and in any city owned/leased vehicle. Employees are prohibited from
carrying a weapon while performing City-related business.
Employees who are licensed to carry and lawfully possess a firearm and/or ammunition in accordance
with Chapter 411 of the Texas Government Code, may leave such firearm/ammunition in his or her
locked, privately owned vehicle in the parking lot the City provides for employees. It shall be stored out
of sight. Additionally, if an employee chooses to store a firearm or ammunition that is legal to carry
without a permit in his/her personal vehicle, it shall be stored out of sight and the vehicle must be locked.
Weapons, according to the Texas Penal Code Sec. 46.01, are considered clubs, explosive weapons,
firearms, firearm silencers, handguns, illegal knives, knives, knuckles, machine guns, short barrel
firearms, switch blade knives, armor piercing ammunition, hoax bombs, chemical dispensing devices, zip
guns and tire deflation devices
Employees may carry a pocket knife or folding belt knife in their pocket or on their belt that is not
deemed as a weapon and has a blade less than 3.5 inches long. Employees may carry a small chemical
dispenser (mace) sold commercially for personal protection as long as it not openly displayed.
EXCEPTIONS
A peace officer who is required to carry a gun/ammunition in the scope of employment is exempt from
this policy.
Judges appointed to the Schertz Municipal Court and employed or contracted City attorneys who are
licensed to carry a handgun under Chapter 411 of the Texas Government Code are permitted to carry
firearms in the courtroom and other City facilities.
VIOLATIONS
Appropriate disciplinary action, up to and including termination, will be taken against an employee who
violates this policy.