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HomeMy WebLinkAbout04-442 SOP Amdmt to 1.2 & 8.2.1 RESOLUTION NO. 04- 4-1 Z BY: /('e/¡Á- //r/rti/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; PROVIDING FOR AMENDMENTS TO SECTIONS 1.2 AND 8.2.1 OF THE STANDARD OPERATING POLICY AND PROCEDURE MANUAL PERTAINING TO AT- WILL EMPLOYMENT, AND ADVERSE EMPLOYMENT ACTION APPEALS, AND ADDING NEW POLICY 6.14 PERTAINING TO CLOTHING, FOR THE CITY OF MERIDIAN. WHEREAS, the Mayor and Council have the authority [pursuant to I.C. § 50- 302] to establish resolutions not inconsistent with the laws of the state ofIdaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to amend the at will employment policy at 1.2, and adverse employment action appeals at 8.2.1 of the Standard Operating Policy and Procedure manual, and to adopt a new policy regarding clothing. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The at will employment policy provided within the Standard Operating Policy and Procedure manual at number 1.2, the adverse employment action appeal procedure at 8.2.1, shall be amended as provided for in the attached Exhibit "A" consisting of three (3) pages. 2. The clothing policy for the City of Meridian shall be as provided in new section 6.14 in attached Exhibit "8" consisting oftwo (2) pages. 2. EFFECTIVE DATE: This Resolution shall be in full force and effect immediately upon passage. / J j'ASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~dayof ~~JH"..,.,2004. I A11APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ofe¡;le-.6.v..... ,2004. ATTEST: II. III. IV. CITY OF STANDARD OPERATING POLICY AND PROCEDURE NUMBER 1.2 SUBJECT: AT-WILL EMPLOYMENT STATUS PURPOSE: To identify the City's at-will employment policy applicable to all non- represented employees. POLICY: All non-represented City employees shall be considered at-will employees. Employment may be terminated at any time and for any or no reason. Nothing in this nor any other policy, memo, verbal agreement, etc. shall create a promise, guarantee or contract of continued employment. AUTHORITY & RESPONSffiILITY: The Human Resources Director shall be responsible for interpreting this policy. PROCEDURES AND RELATED INFORMATION I. All City employees are considered at-will employees unless otherwise stated in the current labor agreement for represented Fire employees. Nothing in this policy manual alters the employment at-will philosophy, which means the employee may voluntarily terminate employment with the City for any reason at anytime. Similarly, the City may terminate the employee's employment anytime for any or no reason. An employee can be terminated even if there has not been any warning or communication regarding inadequate performance or failure to meet any expectations of the department. Nothing in this manual guarantees employment for a specific period of time nor does it apply to appointed positions under Idaho Code section 50-204 to 50-206. Any employee who is subject to this at-will employment policy and who is terminated may appeal the termination using the procedures set forth in HR SOP 8.2.1. III. IV. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 8.2.1 SUBJECT: ADVERSE EMPLOYMENT ACTION APPEAL PURPOSE: To identify the City's process for employees to appeal decisions that involve adverse employment action (up to and including termination). POLICY: Employees who become subject to adverse employment action that includes suspension, demotion, disciplinary probation or termination are eligible to appeal such decisions as outlined within the following procedures. With respect to appeals, decisions made by the Mayor shall be final. AUTHORITY & RESPONSffiILITY: The Human Resources Director shall be responsible for interpreting this policy and for initial investigations that may take place as a result of the appeals process. The Mayor shall be responsible for final decisions regarding any appeals process. PROCEDURES AND RELATED INFORMATION I. All adverse employment action up to and including termination of employment shall be taken in accordance with City policy as outlined in SOP 8.2. The supervisor shall document all relevant facts and determine appropriate adverse employment action in consideration of the severity of the offense or performance problem, previous performance issues of a similar nature and the period of time between occurrences, overall work record, treatment of other employees under similar circumstances, and related considerations. II. For those cases where employees feel that adverse employment action taken was improper or not commensurate with the circumstances, a grievance procedure has been established to hear and consider the employee's concems. All City regular full-time or part-time employees, excluding appointed officials and introductory employees, who have been demoted, suspended, placed on disciplinary probation, or terminated shall have the right to appeal certain adverse employment actions as outlined herein. Grievances for bargaining unit employees shall be governed by the provisions of the union agreement. Refer to the union contract for the process and appeals procedure. GRIEVANCE PROCEDURES The following procedures shall apply for adverse employment action appeals. It is recommended for all stages of the appeals process that the supervisor involved utilize Human Resources for direction and guidance. a. When an employee disagrees with adverse employment action that includes demotion, suspension, disciplinary probation, or termination, he/she will have three (3) working days ITom the date of the occurrence to make an appeal to his/her immediate supervisor. The employee should first attempt to informally resolve the issue with his/her immediate supervisor. When normal communications between an employee I and the supervisor are not possible or successful, the employee may proceed to the next step in the process. a. The employee must submit his/her written appeal to the department director within ten (10) working days of the event leading to the appeal. The aggrieved employee shall meet with the department director within three (3) working days of receipt of the written appeal to discuss the adverse employment action. The department director shall issue a decision to the employee within five (5) working days following the meeting. Every effort shall be made by the employee and the department director to resolve the grievance at this level. If resolution is reached at this step, the grievance is considered complete and documentation of the resolved grievance will be filed with the Human Resources Director. If the grievance is unresolved, the employee may proceed to the next step in the process. b. After receiving the department director's decision, the employee shall present his/her appeal in writing within five (5) working days to the Human Resources Director, who shall make careful inquiry into the facts and circumstances of the complaint, or who may request an investigation or intervention by an outside (non-City employee) third party. The Human Resources Director, department director and the employee will meet within five (5) working days to attempt to resolve the problem promptly and fairly. Once the investigation is complete, a written response will be issued to the department director and employee within five (5) working days, and kept on file by the Human Resources Director. A recommendation by the Human Resources Director shall be given to the Mayor. If the grievance is unresolved, the employee may proceed to the final step in the process. c. If the grievance is unresolved the employee shall send a written appeal letter to the Mayor within ten (10) working days requesting a meeting. The appeal must specify the reasons why the employee disagrees with the decision. The Mayor will then schedule a meeting with the employee to hear the appeal. A decision by the Mayor will be issued in writing to the employee within ten (10) working days and forwarded to the Human Resources Director. The decision by the Mayor shall be final. d. Time ftames set forth in this policy may be extended upon mutual consent of the parties. V. CONFIDENTIALITY Any employee who uses the appeal process will be expected to keep all matters private and confidential. City representatives will keep information concerning the issues as confidential as possible, consistent with objective investigations and fair resolution of the grievance. VI. NON-RETALIATION Retaliation against an employee for using this appeal process or anyone cooperating in the appeal process is prohibited. The above procedures are not a promise or contract, expressed or implied, that will be followed in every instance. 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State ofIdaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this Ci):y I am the c~ of its records and minutes and do hereby certify that on the ~ day of r: ~ , 2004, the following action has been taken and authorized. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; PROVIDING FOR AMENDMENTS TO SECTIONS 1.2 AND 8.2.1 OF THE STANDARD OPERATING POLICY AND PROCEDURE MANUAL PERTAINING TO AT-WILL EMPLOYMENT, AND ADVERSE EMPLOYMENT ACTION APPEALS, AND ADDING NEW POLICY 6.14 PERTAINING TO CLOTHING, FOR THE CITY OF MERIDIAN. WHEREAS, the Mayor and Council have the authority [pursuant to I.C. § 50-302] to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the Mayor and Council have deemed it expedient and in the best interests of the City of Meridian to amend the at will employment policy at 1.2, and adverse employment action appeals at 8.2.1 of the Standard Operating Policy and Procedure manual, and to adopt a new policy 6.14 regarding clothing NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The at will employment policy provided within the Standard Operating Policy and Procedure manual at number 1.2, the adverse employment action appeal procedure at 8.2.1, shall be amended as provided for in the attached Exhibit "A" consisting of three (3) pages. 2. The clothing policy for the City of Meridian shall be as provided in new section 6.14 in attached Exhibit "8" consisting of two (2) pages. 2. EFFECTIVE DATE: immediately upon passage. ,'. "~\ STATE OF IDAHO, : ss: C~~~ ) '.... On this ~ day of 5~¥+e",- b e....- , in the year 2004, before me a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk ofthe City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. """"""""« '~~C'E L. S~~ , .If;' .. -'.. ~~» ~" ' ,/ ,"'~ '.? " (SEAL) i ~OTAlt~ °\ i N Pub cforldaho J J. = * -.- ~ * 5 mmiss' nExpires: 0'1 ~ 07 . ~. I \ Þ(¡B\.\C ¡ ~ <P,.".. 0 I z.\WOrk\M\Merid~~ ~ os City Ha1I\2004\Cert CIkAt will adverse action appeals and clothing 09 2004.dœ .....~"~......~ CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.14 SUBJECT: CLOTHING ALLOWANCE PURPOSE: To provide guidelines to employees regarding the use of City funds for the procurement of work clothing and uniforms. POLICY: City employees may be allotted a clothing or uniform allowance for the purchase of work clothing or uniforms. This allowance may be used to purchase shirts, pants, work boots, and other exterior clothing for the sole purpose of peñorming their duties comfortably while maintaining a neat and clean appearance. This allowance does not apply to the clothing supplied to employees based upon contractual or operational requirements. These are delineatecllater in this policy. AUTHORITY & RESPONSIBILITY: The Director or Department Head will approve all purchases of work clothing or uniforms either by an established policy and procedure or by individual approval of purchase order. Purchased clothing must remain appropriate and practical for the job being performed. PROCEDURES AND RELATED INFORMATION: I. II. III. All clothing purchased must be practical and appropriate for the job being performed. Clothing should be inscribed to indicate the employee is an employee of the City of Meridian. Employees are to take reasonable caution in the cleaning and maintenance of all supplied clothing. If clothing or uniforms are supplied, the employee is required to wear the provided clothing or uniform in accordance with departmental policy or as set by the department director. If clothing is worn or destroyed sooner than normal the employee will be responsible for replacement. Exceptions must be approved by Department Directors. DEPARTMENT DOLLAR ALLOWANCES I. Office and Managerial Staff for all Departments Office and managerial staff will be given latitude to purchase City of Meridian logo clothing up to the dollar amount approved in the City budget per employee per year. The employee has the option to apply this designated amount to a larger purchase, with the difference being paid by the employee or through the incentive program. II. Public Works Field Inspection Personnel Field Inspectors are allocated a clothing allowance to purchase City of Meridian logo tee-shirts for summer use and long sleeve shirts for winter use. A winter jacket or coveralls may be purchased. III. Police Department Uniform and dress requirements for all Police Department personnel are detailed in Meridian Police Depertment Policy and Procedure Chapter II Section 3 Uniform and Equipment. All sworn officers receive a clothing allowance per year and are allocated additional chits for dry cleaning; initial uniforms and equipment are purchased and supplied by the department on hire. Non- sworn personnel are governed by the section on office and managerial staff. All clothing allowance is paid directly to the employee and is taxed. IV. Fire Department Uniform and dress requirements for all sworn Fire Department personnel are detailed in Meridian Fire Department Rules and Regulations Article 3- Appearance and Uniforms. All firefighters including the Chief and Deputy Chiefs receive a clothing allowance per the current union contract. V. Waste Water Treatment Plant and Water Department With the exception of office and managerial staff, employees receive a clothing allowance to purchase shirts, sweat shirts, and other outer wear such as coats and overalls. Employees are provided with City logo hats VI. Parks With the exception of office and managerial staff, employees receive a clothing allowance to purchase shirts, sweat shirts, and other outer wear such as coats and overalls. Employees are provided with City logo hats.