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02-387 HR Standard Operating Policy Manual RESOLUTION NO. t/ 2 - 3 g 7 BY: /¿éí-lA ß/rd-- A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO PROVIDE FOR FINDINGS AND TO ESTABLISH A HUMAN RESOURCES STANDARD OPERATING POLICY AND PROCEDURE MANUAL FOR THE CITY OF MERIDIAN; PROVIDING FOR THE FOLLOWING: MISSION STATEMENT, VISION STATEMENT, STATEMENT OF VALUES, GENERAL INFORMATION, EMPLOYMENT POLICIES, CLASSIFICATION & COMPENSATION, TIME OFF AND LEAVES, BENEFITS, WORKPLACE POLICIES, STANDARDS OF CONDUCT, AND TERMINATION AND DISCIPLINARY ACTION; AND PROVIDING AN EFFECTIVE DATE. 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, i i1 addition to the special powers therein granted, to maintain the peace, good govelllment 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 ofthe City of Meridian to establish a Human Resources Standard Operating Policy and Procedure Manual for the City of Meridian so that there will be a guideline for employees and supervisors to perform their duties and responsibilities assigned as to their respective positions of employment; and WHEREAS, the Human Resources Standard Operating Policy and Procedure Manual shall be the primary guidelines employees and supervisors of the City of Meridian shall follow, even above the additional policies that may exist within individual departments relating to the specific operations and responsibilities of employees; and WHEREAS, the Human Resources Standard Operating Policy and Procedure Manual is not a contract of employment and shall not be interpreted by any employee as such; employees are "at-will" unless otherwise covered by a labor agreement, and if anything within the Human Resources Standard Operating P01icy and Procedure Manua1 disagrees with follllal policies, legal documents, collective labor agreement, or law, the 1atter shall take precedence, and the policies of the Human Resources Standard Operating Policy and Procedure Manua1 do not create a promise, guarantee or contract of any kind between the City and any employee nor does it guarantee employment for a specific period of time nor does it apply to appointment or removal of appointed positions under Idaho Code sections 50-204 through 50-206; and RESOLUTION FOR HUMAN RESOURCES STANDARD OPERATING POLICY AND PROCEDURE MANUAL FOR THE CITY OF MERIDIAN WHEREAS, the Human Resources Standard Operating Policy and Procedure Manual shall apply in general to all personnel employed by the City, as well as volunteers and elected officials and replaces all prior employment policies, procedures and practices, and no supervisor or employee shall have the authority to establish policy or allow behavior that directly conflicts with these policies; and WHEREAS, the City of Meridian reserves the right to direct and control the operation of its business including, but not limited to, the management, assignment, scheduling, and direction of the workforce as well as the right to discipline or discharge employees purSual1llo the provisions of the Human Resources Standard Operating Police and Procedure Manual unless otherwise mandated by a labor agreement; and WHEREAS, the City of Meridian is committed to ensuring an effective and respectful workplace. Violations of the Human Resources Standard Operating Policy and Procedure Manual are subject to corrective and disciplinary action as outlined within the manual. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO as follows; SECTION 1. Pursuant to Idaho Code §50-301 et seq., the Mayor and City Council hereby adopt the City of Meridian Human Resources Standard Operating Policy and Procedure Manual, a copy of which is attached hereto and by this reference incorporated herein. A copy of this Resolution and the attached City of Meridian Human Resources Standard Operating Policy and Procedure Manual shall be held on file in the office of the City Clerk. SECTION 2: EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. he( PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ;¡ - day of ~*hv~ , 2002. - APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 3t-.1: day of de;ø~iwL, , 200~ .- ~t!} . ~ - - ~ 7~ R f -', .-(¡)/~ ... s:;¡ ~ ~ '1ô -""r 15"1" . .~ ~ Z:\ WorklMlMeridianlMeridian 15360MIResolutions City Hall\2;~'ts<lû\lionStandard~~t"'~oliCyandProcedure082802.dOC '((,;vUNT'f' \\\\' RESOLUTION FOR HUMAN RESOURCES S{Ä\(fò¡tRb OPERATING POLICY AND PROCEDURE MANUAL FOR THE CITY OF MERIDIAN 2 TABLE OF CONTENTS . Mission, Vision, Value Statement 3 Manual Overview 4 M"YOrs Welcome 5 SECTION 1: GENERAL INFORMATION 1.1 Introduction 6 1.2 At-Will Employment 8 SECTION 2: EMPLOYMENT POLICIES 2.1 Equal Employment Opportunity 9 2.2 Affinnative Action 12 2,3 Harassment and Discrimination 14 2.4 Americans with Disabilities Act 18 2.5 Immigration Control 19 2,6 References 20 2.7 Recruitmenr, Selection, Promotion, Transfer 22 2.7.1 Criminal Background Check 26 2.8 Trial Service Period 28 SECTION 3: CLASSIFICATION & COMPENSATION 3.1 Emp1".)'ee Classification 30 3.2 Hours Worked 32 3.3 Payroll 34 3.4 Compensation Program 35 3.4.1 Individual Pay 39 3.4.2 Pr~am Updates 41 3.4.3 Perfonnance Increases 42 3.4.4 Wage Adjustments 45 3.5 Travel & EJ<]Jense Reimbursement 48 3.6 Overtime Compensation 51 SECTION 4: TIME OFF AND LEAVES 4.1 Holid"y Schedule 53 4.2 Vacation 55 4.3 Sick Leave 57 4.3.1 Incurable Terminal Illness Pool 59 4.4 Family and Medical Leave 6] 4.5 Bereavement 65 4.6 Civil Leave 66 4.7 Military Leave 67 4.8 Leaves of Absence 68 SECTION 5: BENEFITS 5.1 Group Health Benefits 70 5.2 COBRA 71 5.3 PERSI Retirement 73 5.4 Educational Reimbursements 74 SECTION 6: WORKPLACE POLICIES 6.1 Life Threatening Illness 75 6.2 Use of City Equipment 77 6.2.1 Use ofCitv Vehicles 78 6.2.2 Use of Phones, Fax, Copier, Computer 79 6.2.3 Electronic Mail 81 6.2.4 Use ofIntemet 84 6.2.5 Credit Cards 86 6.3 Training and DeveloDment 87 6.4 Absenteeism and Tardiness 89 6.5 Bulletin Boards 90 6.6 Drivers License 91 6.7 Emergencv Closure 92 6.8 NeDotism 93 6,9 Safety 95 6.10 Political Activities 97 6.11 Gifts and Gratuities 98 6.12 Solicitation 99 6.13 Outside EmDlovment 100 SECTION 7: STANDARDS OF CONDUCT 7.1 Drug and Alcohol Policy 101 7.2 Smoking 112 7.3 Worknlace Violence 113 7.4 Criminal Charges and Misdemeanors 114 7.5 Standards of Conduct 115 7.6 Prohibited Activities 118 SECTION 8: TERMINATION AND DISCIPLINARY ACTION 8.1 Termination of EmDlovment 120 8.2 DisciDlinarv Action 123 8.2.1 DiscÌplinarv ApDeal 126 2 THE CITY OF MERIDIAN, IDAHO MISSION STATEMENT Meridian city government provides leadership, vision, and long-term direction in a manner that promotes the community's progressive spirit, economic vitality, efficiency, safety, and quality of life. City departments provide essential public services guided by the highest principles of customer service, fiscal accountability, and community-wide partnerships, reflecting their deep commitment to protecting and preserving the public trust. VISION STATEMENT As the century unfolds, Meridian will experience continued population growth, more diversity, higher citizen expectations, and greater demand for essential public services at a time when resources are limited. Challenges will be met through the innovative use of technology, internal process improvement, creative programs, and careful planning. The City will seek new and broader strategic partnerships, invest more in employee development, and establish integrated services that ensure a safe, balanced, wholesome, and harmonious community. STATEMENT OF VALVES We believe in a highly efficient and dynamic work environment characterized by professionalism, integrity, honesty, and compassion. We are an ethical, hard working, knowledgeable, and responsible team, committed to providing consistent, efficient, and public-oriented services. Above all, we are dedicated to sustaining the essential cornerstones of communication, collaboration, understanding, and trust as the central foundation for our work with each other and our customers. CITY OF MERIDIAN STANDARD OPERATING POLICY/PROCEDURE MANUAL OVERVIEW The following is the City of Meridian's Standard Operating Policy/Procedures (SOP) Manual that outlines the Human Resources policies and procedures for the City. This SOP Manual is provided as a guideline to employees and supervisors as they perform the duties and responsibilities assigned to their respective positions. These policies/procedures are specific to employment and related matters. Additional policies may exist within individual departments relating to the specific operations and responsibilities of employees within them. Employees and supervisors should become familiar with and abide by the guidelines of those additional policies in addition to those contained within this Manual. Should department policies conflict with or contradict the policies or procedures contained within this Manual (other than a recognized collective bargaining agreement), employees shall refer to this Manual as the primary guidelines on such matters. We have done our best to correctly explain the City's policies, procedures and benefits in all sections of this manual. However, if anything in this manual disagrees with formal policies, legal documents, collective labor agreement, or law, the latter will take precedence. The policies contained shall not create a promise, guarantee or contract of any kind between the City and the employee, nor does it guarantee employment for a specific period of time nor does it apply to appointed positions under State Code section 50:204-206. This policy/procedure manual is not a contract of employment and should not be interpreted by the employee as such. Employees are "at-will" unless otherwise covered by a labor agreement. Either they or the City may terminate the employment relationship at any time for any reason other than an unlawful, discriminatory reason. These policies/procedures apply in general to all personnel employed by the City, as well as volunteers and elected officials and replaces all prior employment policies, procedures and practices. No supervisor or employee shall have the authority to establish policy or allow behavior that directly conflicts with these policies. Management Rights: The City reserves the right to direct and control the operation of its business including, but not limited to, the management, assignment, scheduling, and direction of the workforce as well as the right to discipline or discharge employees pursuant to the provisions of this policy/procedure manual unless otherwise mandated by a labor agreement. The City is committed to ensuring an effective and respectful workplace. Violations of these policies and procedures are subject to corrective and disciplinary action as outlined within this manual. 4 MAYORS WELCOME Welcome to the City of Meridian, one ofIdaho's fastest growing communities. While much of what we do is solidly rooted in outstanding service to our community, there is equal emphasis on finding new and less costly ways to meet the changing needs of our customers. City employees and volunteers are the best. We take pride in our ability to meet the public's needs and providing our customers with individual attention, while at the same time looking to and preparing for the future. In the text that follows, we have addressed many of the more frequently asked questions regarding policies and practices of the City as they relate to employment. Because it is impossible to fully anticipate each situation before it occurs, and because some situations may not apply specifically to a provision addressed in the Employee Handbook, the City encourages its employees to consult with their supervisor or the Human Resources Department when questions arise. Changes in laws, culture and employee and organization needs preordain personnel policies to constant updating and change. Therefore, caution should be exercised to ensure that this is the most current version of the employee handbook. In addition, because we are always looking for ways to improve and streamline our personnel policies, we encourage your comments and suggestions. Again, WELCOME TO THE CITY OF MERIDIAN! Robert D. Corrie Mayor CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 1.1 SUBJECT: INTRODUCTION AND EMPLOYMENT OVERVIEW PURPOSE: To set forth the City's purpose in providing an outline of its policies and practices as set forth within its manual of Standard Operating Policies and Procedures (SOP Manual). POLICY: The purpose of the SOP Manual is to set forth in one manual employment-related information that each City employee is expected to know regarding employment procedures, polices, compensation and related information. It is the City's intent that employees will find this information useful and informative. Any questions about this manual or City policy should be directed to the Director of Human Resources at (208) 888-4433. Nothing in this manual, or any other document received by an employee during employment, shall create a promise, representation, or contract of continued employment for any employee. These guidelines are presented as a matter of information only and are not binding employment conditions or an employment contract. The City reserves the right to revise, modify, delete or add to any and all policies procedures, work rules or benefits stated in this manual or in any document at any time. The City shall make all available efforts to inform employees of any changes to City policies as soon as practical; however, all policies shall take effect on the specified date as approved by the Mayor and City Council, and therefore binding on all City employees at that time. No oral statements or representations made to employees should be understood so as to change or alter the provisions of this handbook. AUTHORITY & RESPONSIBILITY: The Mayor and City Council shall retain the responsibility and authority to develop, review, approve and implement general policies for the City. As such, the Mayor retains primary authority to establish applicable terms and conditions of employment for all City employees. No supervisor department head or other representative of the City has the authority to enter into any agreement for employment for a specified period of time or make any agreement contrary to the policies contained in this manual. PROCEDURES AND RELATED INFORMATION 1. PUBLIC EMPLOYMENT OVERVIEW The City of Meridian is a political subdivision ofthe State ofIdaho, though it is not a part of state government. The Mayor and City Council serves as the governing body for the City, carrying out local legislative duties and fulfilling other obligations as required. 6 III. IV. As with all elected public officials, the Mayor and City Council are ultimately responsible to the residents of the City of Meridian. Only. the Mayor and City Council have authority to establish general policies for the City's employees. Each employee should recognize that although he/she may report to an elected or appointed official, he/she remains an employee of the City of Meridian, not of the official who supervises his/her work. IL EMPLOYEE RESPONSIBILITY The manual has been organized and bound so that each employee will be able to maintain and update new or revised policies when adopted. When changes are made, every effort will be made by the City to distribute said changes to employees for placement in the manual. However, it will be the ultimate responsibility of each employee to stay abreast of such changes and to maintain his/her manual with up-to-date changes. One (1) copy of the personnel manual will be issued to each employee at the time of employment. Duplicate copies or copies to non-City employees will be available for a fee to cover the cost of printing. EFFECTIVE DATE This manual shall become effective on the date adopted by the City Council. The Mayor and City Council may, at its sole discretion, alter or amend this SOP Manual or portions thereof at any time. At any time that an individual policy is amended, added, deleted, or otherwise modified, said policy shall become effective the date it is approved by the Mayor and City Council. APPLICABILITY TO COLLECTIVE BARGAINING AGREEMENT(S) All employees are expected to understand and abide by all policies as set forth herein. Employees governed by a separate collective bargaining agreement are also expected to follow the guidelines as set forth with in the City's SOP Manual. Should an element of the collective bargaining agreement between the City and the Fire Department conflict at any time, the elements of the bargaining agreement shall supercede specific elements of this policy/procedure manual. 7 CITY OF MERIDIAN 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 & RESPONSIBILITY: Human Resources shall be responsible for interpreting this policy. PROCEDURES AND RELATED INFORMATION 1. All City employees are considered at-will employees unless otherwise stated in the current labor agreement for represented Fire employees. II. 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. III. Similarly, the City may terminate the employee's employment anytime for any or no reason. Nothing in this manual guarantees employment for a specific period of time nor does it apply to appointed positions under State Code section 50-204-206. III. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.1 SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY PURPOSE: To set forth the City's commitment to supporting equal employment opportunity for all employees and applicants, ensuring an environment tree form unlawful harassment and discrimination. POLICY: It is the City's policy to encourage and support equal employment opportunity for all employees and applicants for employment without regard to his/her protected class status which includes gender, race, color, religion, national origin, age, physical or mental disability, veteran or current, past or future military status. Employment decisions will be evaluated on the basis of an individual's job- related competencies and criteria including (but not limited to) knowledge, skills, abilities, job performance (past or current), job experience and other bona fide occupational qualifications and job-related criteria. AUTHORITY & RESPONSIBILITY: The Human Resources Director is responsible for developing and monitoring equal employment opportunity programs and activities. Supervisory personnel and employees at all levels in the organization must share in the responsibility for promoting equal employment opportunity to ensure that compliance is achieved and that discrimination of any kind does not occur. All incidents of suspected, observed, or alleged unlawful discrimination must be reported to the Human Resources Director or Mayor immediately. PROCEDURES AND RELATED INFORMATION 1. COMMITMENT TO EQUAL EMPLOYMENT OPPORTUNITY Equal employment opportunity is among the highest priorities for Meridian and has been demonstrated by continued good faith efforts and practices in support of equal employment opportunity and affirmative action (see related information in SOP 2.2). II. COMPLIANCE WITH ALL STATE AND FEDERAL GUIDELINES The City of Meridian supports the principle of equal employment opportunity. This policy will communicate to all employees and applicants that the City complies with state and federal guidelines and requirements. Equal employment opportunity affects all employment practices at Meridian, including (but not limited to) recruiting, hiring, transfer, promotion, training, compensation, benefits, termination of employment and all other privileges and conditions of employment. REASONABLE ACCOMMODA nON At the request of an employee or applicant, the City will make every effort to provide reasonable accommodation for physical/mental disability, military activity, religious beliefs, and related, provided it does not create an undue hardship upon the City. Employees and applicants must directly notify the Human Resources Director of such requests. V. VI. IV. PROGRAM OBJECTIVES All personnel policies, programs and practices will be directed towards the goal of promoting equal employment opportunity and a work environment free of unlawful discrimination. It is therefore the City's objective to: A. Recruit, hire, train and promote persons in all job titles, without regard to race, color, religion, gender, national origin, disability, age or veteran's status, except where such status is a bona fide occupational qualification. B. Make employment decisions in a manner which will further the principles of equal employment opportunity and affirmative action. C. As opportunities for transfer, advancement or promotion occur, including promotions into and within management, periodic performance reviews and analysis of personnel records will be made to ensure that all employees continue to receive equal considerations and that only valid requirements are imposed for these opportunities. COMPLAINT PROCEDURE Any employee or applicant who believes that he or she has not been afforded treatment conforming to the policy of equal employment opportunity may file a complaint through the Human Resources Department or the Mayor's office. Any employee who feels he or she have been discriminated against or who perceives another employee is being subject to unlawful discrimination should promptly take the following steps: A. Report the matter to his/her immediate supervisor and department head. If circumstances prohibit this response (e.g. the supervisor is involved in the conduct), report the behavior to the Department Head, Human Resource Director, Mayor or any other member of management with whom the employee feels comfortable. B. Reports may be given orally or in writing, and should include specific details of the discriminating behavior. It is helpful if details of dates, times, places, and witnesses, if any of the discrimination can be provided. C. Department Heads are to immediately contact the Human Resources Director (or Mayor should the Human Resources Director be unavailable), providing all related information and documentation received from the employee. D. If it is believed that inadequate action is being taken to resolve the complaint, employees may report such inadequacy directly to the Mayor. CONFIDENTIALITY All complaints will be investigated promptly. The identity of the employee making the complaint, as well as the identity of the individual accused of discrimination, will be kept as confidential as possible. The matter will be discussed only with those who have a need to know, and only in as much detail as is needed throughout the course of the investigation. 10 VII. STATEMENT OF NON-RETALIATION No supervisor or any other employee is to retaliate against an employee who files a charge of discrimination, regardless of the outcome of the investigation process. All incidents of retaliatory conduct must be reported to the Human Resources Director or Mayor immediately. 11 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.2 SUBJECT: AFFIRMATIVE ACTION PURPOSE: To set forth the City's policy regarding Affirmative Action requirements and the City's compliance with all guidelines and regulations as set forth by related federal regulations. POLICY: The City has been designated as an Affirmative Action employer. Affirmative Action requirements of the federal government are designed to enhance employment opportunities for females and ethnic minorities, people with disabilities and disabled veterans and veterans of the Vietnam era. As such, the City's affirmative action programs provide for fuller utilization and development of all human resources. The City's Affirmative Action Plan will cover all employees and applicants for employment. The City has established a written affirmative action plan (AAP) prepared in conformance with Executive Order 11246, the Rehabilitation Act of 1973, and the Vietnam Era Veteran's Readjustment Assistance Act of 1974, and the implementation of regulations as provided by the Office of Federal Contract Compliance Programs (OFCCP). This written program will be updated on an annual basis, identifying areas of underutilization and establishing goals for the City to work towards. AUTHORITY & RESPONSIBILITY: The Human Resources Department shall be charged with establishing and maintaining an up-to-date Affirmative Action Plan, identifying areas of underutilization and employment objectives for the City. Supervisors and department heads are expected to comply with all elements of the AAP and to support its goals and objectives in all employment activities. PROCEDURES AND RELATED INFORMATION 1. The Affirmative Action Plan shall serve as documentation of the City's ongoing commitment to equal opportunity in employment. Affirmative action and equal employment opportunity affects all employment practices within the City, including (but not limited to) recruiting, hiring, transfer, promotion, training, compensation, benefits and all other privileges and conditions of employment. II. The Human Resources Director will meet periodically with City managers and leaders to discuss progress in the City's AAP goals and ways to better meet those goals. In addition, he/she will meet with specific department heads and other managers as needed to discuss critical areas of identified underutilization or other problems identified within the AAP. III. The AAP shall be updated annually by the Human Resources Department or designee, based on current information relating to City employees, state demographics, and other 12 related information. A copy of the most current AAP shall be found in at the Human Resources Department made available to employees and managers upon request. 13 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.3 SUBJECT: HARASSMENT AND DISCRIMINATION PURPOSE: To set forth the City's policy against unlawful harassment and discrimination in the workplace. POLICY: It is the City of Meridian's policy to foster and maintain a work environment that is free from discrimination, intimidation, hostility or other offenses, which might interfere with work performance. All employees regardless of their status of employment, have a right to work in an environment tree from intimidation, ridicule, or harassment based on gender, race, color, age, religion, national origin, physical or mental disability or cuITent, past or future military status or any other character protected by law. The City will not tolerate harassment of any kind in its employees' day-to-day communication with co-workers or members ofthe public. Employees are expected to show respect for each other and the public at all times. The City requires each employee to use the procedures set forth in this policy to address any harassment/discrimination problems as soon as possible. The City strictly prohibits unlawful harassment and discrimination as defined herein. AUTHORITY & RESPONSIBILITY: The Human Resources Director is charged with ensuring compliance by the City so as to ensure an environment free of harassment and discrimination. All employees are required to report any case of harassment or discrimination that has been received, observed, or heard of to their department head, the Director of Human Resources, or the Mayor. The department head must report the incident directly to the Human Resources Director and/or Mayor immediately. Unless otherwise unavailable, the Human Resources Director shall be charged with coordinating all related investigations and providing a final report of the conclusions to the Mayor for determination of appropriate action. PROCEDURES AND RELATED INFORMATION 1. HARASSMENT DEFINED In support of this policy, the City expressly prohibits any form of employee harassment based on race, religion, sex, national origin, age, disability, or an employee's status protected by state or federal law. In addition, the City has adopted a "no tolerance" policy. Improper interference with the ability of employees to perform their expected job duties will not be tolerated. Specifically, with respect to sexual harassment, the City defines sexual harassment in the following manner: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such 14 1. D. E. conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Harassment of a sexual nature can take the form of "quid pro quo" or "hostile environment." Definitions of these forms of harassment are given in the following sub- sections of this policy. Neither form of harassment will be tolerated. A. Quid Pro Quo: Quid pro quo is an exchange of something for something. When applied to sexual harassment, it means demanding sexual favors in return for employment benefits (e.g., compensation, benefits, special privileges, etc.). B. Hostile Environment: This form of harassment involves behavior motivated by the target's gender that makes the workplace offensive, hostile, or intimidating, or it unreasonably interferes with an individual's work performance. TYPICAL CATEGORIES Sexual harassment directed toward an employee or applicant generally falls into these categories: (Please note that by providing these examples the City is not stating that any single event listed is per se harassment, rather these examples are illustrative of conduct that can be deemed, in some circumstances, harassing). A. Unwanted sexual advances: May include, but are not limited to, unwanted touching, advances, propositions of a sexual nature, or other conduct considered unacceptable by another individual. B. Requests for sexual favors during work or as a condition of emplovment: May include, but are not limited to, pressures or requests for sexual favor accompanied by an implied or stated promise of reward (e.g., preferential treatment, additional favoritism, compensation, benefits). May also include threatening demands concerning one's employment status for refusing to do so. C. Verbal or phvsical conduct of a sexual nature. or based upon a person's gender: Sexually oriented comments considered unacceptable such as those regarding an individual's body, dress or appearance; telling "dirty" or sexist jokes that are considered offensive by others; use of sexually degrading words; or any sexually- oriented comments, innuendoes, or actions that offend others. Sexuallv-oriented conduct that unreasonablv interferes with work performance: This includes, but is not limited to, extending unwanted sexual attention to someone that reduces personal productivity or time available to work at assigned tasks, ogling, leering, verbal abuse, and/or sexual flirtations. Creating a work environment that is intimidating, hostile or offensive because of unwanted advances, innuendoes, conversations, suggestions, requests, physical contacts, or inappropriate materials of a pornographic or sexual nature. 15 IV. V. II. UNLAWFUL NATURE OF CONDUCT Such conduct becomes illegal when it involves any of the following: A. Submission to the conduct is explicitly or implicitly a term or condition of an individual's employment. B. Submission or rejection of this conduct is a basis for employment decision. C. This conduct has the purpose or effect of substantially interfering with an individual's work performance, or creates an intimidating, hostile, or offensive work environment. III. EMPLOYEE RESPONSIBILITY & REPORTING Any employee, who believes that he or she is subject to unlawful harassment, or observes another employee being subject to harassment or knows of such, must report the incident(s) immediately. Employees are required to report any harassment or discrimination, whether directed towards themselve or another employee to his/her immediate supervisor and department head. If circumstances prohibit this response (e.g. the supervisor is involved in the conduct), report the behavior to the Department Head, Human Resource Director, the Mayor or any other member of management with whom the employee feels comfortable. Employees should file reports of harassment as per Section V of SOP 2.1. It is recommended that any employee who perceives harassment politely, but firmly, confront whoever is doing the harassing. Employees should state how they feel about the other person's actions and request that the person cease from his or her unwanted behavior. If the harassment continues or if an employee does not feel comfortable confronting the harassing person, he/she should report the matter immediate. It is recommended that complaints be filed in writing for documentation purposes; however, each reported case, whether verbal or in writing, will be considered seriously and investigated thoroughly. A failure by an employee to report cases of harassment may indicate a welcome relationship or environment. POLICY ENFORCEMENT The City will actively enforce its policy against harassment. The policy applies to all conduct on the City's premises by any supervisor, manager, coworker, elected officials, associate or other member of the public, and to all conduct off the City's premises that affects an employee's work environment. If a violation of this policy has occurred, disciplinary action equal to the scope and severity of the occurrence will be taken against the offending person(s), up to and including termination. This policy applies to all terms and conditions of employment including, but not limited to, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation, and training. 16 VII. VI. COMPLAINT INVESTIGATION All complaints will be investigated promptly. All investigations will be coordinated through the Human Resources Department. The Human Resources Director and/or the Directors designee or department head will conduct the investigation. Any outside agency or person hired to conduct an investigation must report to the Human Resources Director and the Mayor prior to initiating any investigative action. All findings along with the finished report and recommendations will be forwarded to the Mayor for action. CONFIDENTIALITY All complaints will be investigated promptly. The identity of the employee making the complaint, as well as the identity of the individual accused of discrimination, will be kept as confidential as possible, consistent with a thorough and complete investigation. VIII. STATEMENT OF NON-RETALIATION Employees may be assured that they will not be penalized in any way for reporting or filing a grievance of any nature. All complaints, which are reported to management, will be investigated promptly. The City prohibits any form of retaliation against any employee for filing a complaint under this policy or for assisting in a complaint and investigation. Please report any retaliatory conduct immediately to your supervisor and department head, Human Resources Director or the Mayor. 17 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.4 SUBJECT: AMERICANS WITH DISABILITIES ACT SECTION 504 - REHABILITATION ACT OF 1974 PURPOSE: To set forth the City's compliance with the American's with Disabilities Act (ADA) for general employment, and with Section 504 of the Rehabilitation Act of 1974 for Affirmative Action compliance. POLICY: The City shall provide fair and equitable employment opportunities and shall follow legal employment practices compliant with the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1974. The City prohibits unlawful discrimination in employment based on an employee's or applicant's physical or mental condition as outlined within the regulations. Reasonable accommodation shall be considered upon request for all applicants and employees provided it does not create an undue hardship for the City. AUTHORITY & RESPONSIBILITY: Human Resources shall be responsible for interpretation and administration of this policy. PROCEDURES AND RELATED INFORMATION 1. It is the City of Meridian's policy to provide fair and equitable employment opportunities to qualified persons with disabilities and, upon request from such person, provide reasonable accommodation unless such accommodation would impose an undue hardship. It is also the City's intent and policy to ensure that all City programs are reasonably accessible to the public. II. For more information about the ADA, Section 504, and specific procedures for requesting reasonable accommodation, employees should contact their immediate supervisor and/or the Human Resources Director. 18 II. III. IV. V. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.5 SUBJECT: IMMIGRATION CONTROL ACT PURPOSE: To outline the City's policy on pre-employment documentation (form I-9) as required by the Immigration Reform and Control Act of 1986 (IRCA). POLICY: The City is committed to ensuring compliance with federal law by hiring only citizens and aliens lawfully authorized to be employed in the United States. Any person wishing to work for the City of Meridian, regardless of the nature of the job or the number of hours or months employed, will be required to show proof of identification and legal authorization to work prior to beginning employment. Identification must be provided as outlined within Form 1-9 (Employment Eligibility Verification). AUTHORITY & RESPONSIBILITY: Human Resources shall ensure compliance with the Immigration Reform and Control Act of 1986 (IRCA) by requiring individuals to complete form 1-9 on or before the first day of employment. Human Resources shall periodically audit all I-9 forms to ensure that forms are complete, up-to-date, and that all employees are covered. PROCEDURES AND RELATED INFORMATION I. Applicants must submit a completed Form 1-9 as required by the Immigration Reform and Control Act of 1986 (IRCA). Applicants must provide required forms of identification as listed on the form. All required documentation must be presented Human Resources on or before the first day of employment. Any current employee found not to have completed an 1-9 form shall be required to do so immediately upon notification by Human Resources. Human Resources shall conduct periodic audits to ensure that all employees have completed the required documentation. Individuals who do not submit required 1-9 documentation will not be allowed to work for the City. Intentional falsification ofI-9 documentation shall be grounds for immediate termination. Any questions should be directed to the Human Resources Director. 19 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.6 SUBJECT: EMPLOYMENT REFERENCES PURPOSE: To outline the City's policy regarding requests for employment references for current and former employees, as well as the City's requests for information on current or potential employees. POLICY: Human Resources shall obtain all references required by the City for employment of applicants, with the exception of references or background investigations conducted by the police department for law enforcement personnel. Employees, supervisors, managers and department heads are not to directly contact outside agencies, organizations, former employers, or anyone else, unless directed by the Human Resources Director. All requests for references must be directed to Human Resources. Only Human Resources is authorized to provide employment information to Department Heads or outside agencies, employers or organizations with respect to current or former employees. AUTHORITY & RESPONSIBILITY: Only the Human Resources Department is authorized to release or refer employment references on current or former employees to department heads, outside agencies or employers. Requests for references received directly by managers or employees should be referred to the Human Resources Director. Employment references for law enforcement personnel requested by other law enforcement agencies will be handled through the Police Chief or his/her designee, with copies of all records forwarded to Human Resources for filing. PROCEDURES AND RELATED INFORMATION 1. OBTAINING EMPLOYMENT REFERENCES A. Prior to employment, the Human Resources Director or his/her designee shall obtain appropriate employment references for applicants from former employers or other references as provided within application materials. B. Reference information shall be limited to verification of employment dates, unless the employee or former employee has completed and signed a written release of employment information and provided it to the Human Resources Department. C. The City reserves the right to conduct additional reference checks during employment. Additional checks may also take place should suspicion be raised regarding the validity of applicant or employee information. 20 II. D. REQUESTS FOR EMPLOYMENT REFERENCES A. Only the Human Resources Department is authorized to provide or refer employment references on current or former employees to department heads or outside agencies, employers, or organizations. B. All requests for references should be referred to the Human Resources Director. No manager, supervisor, or employee shall provide employment reference without the express consent of Human Resources. C. Reference information shall be limited to verification of employment dates, unless the employee or former employee has completed and signed a written release of employment information and provided it to the Human Resources Department for inclusion in hislher personnel file. Employment references for law enforcement personnel requested by other law enforcement agencies will be handled through the Police Chief or his/her designee. 21 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.7 SUBJECT: RECRUITMENT, SELECTION, PROMOTION, TRANSFER PURPOSE: To establish the City's policy on recruitment, selection, promotion and transfer as it applies to City employees and applicants. POLICY: It shall be the policy of the City to recruit and select the most qualified persons for employment within the City service. Recruitment and selection shall be conducted in a manner intended to ensure fair and open competition, provide equal employment opportunity, and prohibit unlawful discrimination or favoritism based on protected class status. AUTHORITY & RESPONSIBILITY: Human Resources shall oversee the recruitment, selection and all other employment processes to ensure compliance with state and federal law, as well as to achieve the most diversely qualified candidates for an open position. Department supervisors and department heads are responsible to ensure that interviews are scheduled, facilities are arranged, and interview questions and assessments are developed for review by Human Resources. PROCEDURES AND RELATED INFORMATION 1. RECRUITMENT & JOB POSTING PROCEDURES As positions become open and are approved for hire, Human Resources shall be notified and requested to conduct a recruitment process to attract the best-qualified applicants for the position. The following procedure shall be followed for each hiring process: A. Human Resources shall post the open position with job related information including the salary grade and range. Positions will be posted internally through standard channels of communication. External job announcements shall be made typically through area newspapers, Job Service, and other forms of communication directed towards attracting the most diversely qualified applicants. B. Positions will be posted at each City location for five (5) working days for employees to review. Employees interested in other City opportunities are expected to regularly check City bulletin boards and other regular channels of communication for job information. Job vacancies may also be advertised outside the City locations. C. Temporary or seasonal positions may not always be posted internally and can be filled by a temporary agency, university students, technical schools or other outside agencies. D. All external applicants for employment who are applying for a vacant position must complete and sign a City of Meridian application form. 22 III. IV. v. E. Internal employees must complete a Request for Promotion/Transfer form available in the Human Resources Office. The City will consider outside applicants simultaneously with those internal applicants. II. INTERVIEWS AND SELECTION A. The department for which the position is posted will be responsible for setting up the interview, including scheduling interview, arranging facilities, coordinating interviewers, and developing all interview materials and assessments. Upon request, the Human Resources department may set up the interview for them. B. All interview questions, assessments, tests, or other materials or processes must be submitted for review and approval by Human Resources prior to their use to ensure compliance with state and federal employment laws. C. A member of Human Resources or an authorized designee should take part in each selection process to ensure compliance with employment laws. INTERNAL CANDIDATE INTERVIEW Completion of the internal request for promotion/transfer does not guarantee a current city employee an interview. Current employees must meet the essential qualifications of the open position. In addition, they must have a minimum of six (6) months service in their current position for general employees and one (I) year service for police and bargaining unit employees in the Fire department. Final selection decisions will be based on the same criteria as used for external candidates. VETERAN'S PREFERENCE POINTS Idaho Code Title 65, chapter 5, provides veteran's preference points to State residents who have been in active service in the United States during a recognized war period as defined by Federal Law. Veteran preference points are only applied once, on the initial application for employment for competitive examination rating positions. EMPLOYMENT ROSTER FOR POLICE The City maintains an employment roster for certain positions in the police department. The employment eligibility roster shall remain in effect until the position for which the roster was determined is filled or until such time as determined by the Police Chief. After the expiration of the eligibility roster, all applicants whose name were originally on the roster will be required to compete through the hiring process in order to have his/her name placed on subsequent hiring rosters. Applicants on the employment eligibility roster must notify the Human Resources Department in writing of any change of address or other changes that would affect his/her availability for future employment. The Police Chief has discretion to select candidates out of the top ten eligible applicants on the hiring roster, regardless of the applicant's final score. 23 VII. VI. SELECTION PROCESS A. With the exception of firefighter candidates, the candidate who is best matched for the open position will be selected. This determination will be made through such methods as interview, past performance, evaluations, etc. B. The Fire Chief has discretion to select candidates out of the top ten eligible applicants regardless of the applicant's final score. C. As an equal employment opportunity employer, gender, race, color, religion, national origin, age, physical or mental disability, or current, past, or future military status will not be discriminatorily considered. NOTIFICATION OF APPLICANTS A. Following the selection of the applicant, except for law enforcement personnel supervised by the Police Chief, Human Resources shall conduct a reference and/or criminal history check to determine candidate's eligibility for hire with the City. Should the checks indicate that the candidate is eligible for employment, Human Resources shall contact the candidate to make the initial job offer. Employment references and job offers for law enforcement personnel will be handled through the Police Chief or his/her designee. B. Supervisors should not directly contact applicants until the offer of employment is made by Human Resources and accepted. C. After the position is filled, Human Resources will be responsible for notifying internal and external applicants of the hiring decision. All questions, comments or concerns regarding the communication of the hiring decision should be directed towards the Human Resources Director. VIII. SEASONAL OR TEMPORARY EMPLOYMENT Seasonal or temporary employment for City service may be made at the discretion of the hiring departments. Ix. PROMOTIONS A. A promotion is defined as a movement by an employee from hislher current position to one that falls within a higher salary range. B. Whenever a position is posted for City employees only, or departmental employees only, or open to the public-at-large, all applications will be rated solely on the information supplied at the time of application. For information regarding the impact ofa promotion on an employee's salary, refer to SOP 3.4 (Compensation Policy). C. QUALIFICATIONS Eligibility for promotion/transfer compares minimum relevant qualifications of the new position and the employee's qualifications. 24 1. Factors that generally relate to the position include: a. The duties and responsibilities of the position; b. Education, training, or special knowledge required; and c. Experience, including both the nature and length of previous assignment. Factors that relate to the employee include: a. Quality of work, initiative, planning, dependability and attitude; b. Present and past performance levels; and c. Potential for successful performance in the new position. Required Length of Service: An employee must have a minimum of six (6) months or one (1) year of service for Police in his/her current position before requesting a promotion/transfer unless receiving prior approval from all levels of management in the chain of command, starting with the immediate supervisor up to and including the department head, Human Resources and the Mayor. 2. 3. D. Promotions for bargaining unit employees shall be governed by the provisions of the bargaining agreement. Refer to the union contract for criteria and qualifications. x. TRANSFER Employees may transfer from one job to another by means of promotion, demotion, or lateral movement within the same job class. Transfers may be voluntary or involuntary as outlined below. A. Voluntarv Transfer: Regular full-time or part-time, temporary, or seasonal employees are eligible to compete for announced City job vacancies, and if successful, transfer to the vacant position. Refer to the Compensation Policy for information about salary impact. B. Involuntarv Transfer: Employees may be involuntarily transferred for any number of reasons which may include, but not be limited to: 1. Inability to perform the essential job functions of their position, with or without a reasonable accommodation; To accommodate a need for intermittent leave under the Family Medical Leave Act (FMLA); As a result of departmental or citywide reorganization; As a temporary placement while under suspension from their primary duty; To make use of employees' knowledge, skills or abilities in a manner that best meets the interests of the City. In these occasions, transfers may be made at the City's request to satisfy operational needs. A transfer may also be offered during periods of job elimination to avoid termination. In this event, the refusal to accept a reasonable transfer at the City's request will be interpreted as a resignation. 2. 3. 4. 5. 6. 25 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.7.1 SUBJECT: CRIMINAL BACKGROUND CHECKS PURPOSE: To establish the City's policy on conducting criminal background checks for positions that may come into contact with sensitive information, City assets and equipment, contact with the public, and others as specified within this policy. To evaluate the fitness of applicants for employment or continued employment. As required by state and federal law. POLICY: The City may require pre-employment or post-employment criminal background checks be conducted for individuals in positions that: 1. Require access to secure or confidential areas or information; 2. Require an employee to exercise supervision over children; 3. Require an employee to work on or around police vehicles, equipment and/or firearms; 4. May allow access to homes and/or businesses; 5. Require an employee to handle or make transactions in cash or accounts; 6. Require an employee to drive a City vehicle as a regular part of their duties; 7. Establish a reasonable relationship between the duties of the job and need to check the conviction record of applicants, and considering factors as: access to property, personnel records and/or equipment; 8. Require an employee to work on or around fire vehicles and/or provide patient care. 9. Otherwise creates an employment situation that appears to necessitate a criminal background check. AUTHORITY & RESPONSIBILITY: Except for law enforcement personnel supervised by the Chief of Police, the Human Resources Director and/or designee is authorized to perform, request and receive criminal history information from the Idaho State Police and from the Federal Bureau ofInvestigation for any applicant offered employment including transfer and promotions with the City of Meridian for those types of positions hereinafter specified. Dissemination or other use of criminal history information is prohibited. PROCEDURES AND RELATED INFORMATION 1. PRE-EMPLOYMENT CRIMINAL BACKGROUND CHECKS Prior to employment, the Human Resources Director, and/or Director's designee, shall require an applicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to section 67-3008, Idaho Code, and congressional enactment Public Law 92- 544. 26 II. III. IV. The Human Resources Director and/or Director's designee shall submit a set of fingerprints obtained ITom the applicant and the required fee to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. Initial offers of employment are typically not made until the criminal background check is complete. However, in certain circumstances, and as approved by the Mayor, the Human Resources Director may provide an offer of employment contingent upon the outcome of the criminal background check. POST-EMPLOYMENT CRIMINAL BACKGROUND CHECKS As necessitated by transfer, promotion, suspicion of false information obtained during the hiring process, the Human Resources Director may conduct a post-employment criminal background check at any time during an individual's employment with the City. Terms and conditions of employment may be modified or adjusted based on the outcome of such checks. All offers of employment are contingent offers, subject to the outcome of the criminal background check. If the background uncovers any misrepresentation on the application, transfer form or information indicating the individual is not suited for employment, as determined by the City, the applicant or employee will be terminated upon review and the approval of the Mayor. Should a criminal background check provide information relating to previous convictions of one or more felonies and/or misdemeanor, the Human Resources Director, Mayor, and department head shall review all pertinent information. Prior convictions do not automatically disqualify an individual from employment. However, special review and consideration will be made to ensure the safe and secure working environment of the City, its employees, and its facilities. 27 IV. v. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 2.8 SUBJECT: TRIAL SERVICE PERIOD PURPOSE: To provide new employees with an understanding as to employment responsibilities and expectations regarding employment status. POLICY: Each new employee, whether full-time or part-time, hired shall serve an introductory period of employment for six (6) months, or one (1) year for Police or Fire personnel. AUTHORITY & RESPONSIBILITY: Human Resources shall communicate this policy to new employees during their initial orientation. Supervisors are expected to set clear expectations for employees, and to work with them closely during the introductory period to ensure proper learning and training take place. Supervisors are also expected to provide appropriate feedback and learning opportunities so as to appropriately train new employees and assess their ability to perform related job duties. PROCEDURES AND RELATED INFORMATION 1. Every new regular full-time or part-time employee serve an introductory period of employment of six (6) months, or one (1) year for Police or Fire employees. II. The introductory period is used to determine whether the employee is suited for the position, qualified and capable of performing the work and can meet the job standards. III. After completion of the introductory period, new employees should be given a performance evaluation as provided for in the performance appraisal policy. The introductory period may be extended by the department head with Mayor approval, and with written notice to the employee. Following the introductory period, employees shall be considered "regular employees." Completion of the introductory period is not a I!uarantee of continued emo1ovment with the City of Meridian nor does it alter the at-will status. It simply provides a benchmark for employees and supervisors to achieve wherein heightened training and oversight takes place. The City reaffirms that nothing within this specific policy, nor within the policy and procedure manual in any way constitutes a contract between the City and its employees and does not in any way imply or create any rights, contractual or otherwise, on behalf of the City's employees. 28 VI. INTRODUCTORY PERIOD PROMOTED/TRANSFERRED EMPLOYEES A. An employee selected for promotion/transfer will enter an Introductory Period of not less than six (6) months to assess his/her performance. B. Sworn police officers and bargaining unit employees in the Fire Department have an introductory period of one (I) year. C. Completion of the Introductory Period may not result in a wage/salary review. D. Should the selected employee be unable to satisfactorily perform the duties of the new position, hislher supervisor will notify himlher. Efforts will be made to place the employee in another position within the organization for which he/she is better suited and qualified. However, ifno match is found, termination may result. 29 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.1 SUBJECT: EMPLOYEE CLASSIFICATION PURPOSE: To set forth the City's employment classification system, including employment classification under the Fair Labor Standards Act relating to the payment of overtime. POLICY: To ensure employment policies are applied consistently and in the manner for which they are intended, the following standard terminology shall be used to define the various types of employees in the City's workforce. AUTHORITY & RESPONSIBILITY: Human Resources shall ensure appropriate employment classification for purposes of salary, benefits, and overtime availability. Human Resources may conduct periodic reviews of positions to ensure appropriate classification. Supervisors should contact the Human Resources Department regarding any employment classification or overtime related questions. PROCEDURES AND RELATED INFORMATION 1. EMPLOYMENT CATEGORIES Employment categories are based on the staffing requirements of the City. They are used to provide flexibility in meeting long-term and short-term staffing requirements, for temporary or seasonal programs, to cover peak work periods or employee absences, or other situations determined by City management officials. Below are identified the various employee types commonly used within City employment. A. Regular Full-Time Employee - A regular full-time employee is one who regularly works a minimum of forty (40) hours or more per week, (or an average of 53 hours per week for firefighters). Regular full-time employees are eligible to participate in the City's benefit program, including health insurance coverage, life insurance, retirement, 401K, leave benefits, etc. All benefit programs are subject to change, and are not guaranteed. B. Part-Time Employee - An employee who is regularly scheduled to work less than forty (40), up to at least nineteen (19), hours per week. Part-time employees who consistently work twenty (20) or more hours a week are entitled to participate in the City's retirement program. All benefit programs are subject to change, and are not guaranteed. C. Temporary or Seasonal Employee - An employee hired to work either part-time or full-time and who works in a position of seasonal, intermittent, sporadic or short-term employment that may fall into some of the following assignments: 30 I. Seasonal park or wastewater maintenance workers; 2. Recreational program staff; 3. Student interns and special work program participants; 4. Employees hired for on-call purposes whose work schedules are irregular and sporadic; 5. Employees hired to complete a special project, to fill in during employee absences or peak workload periods, etc. Temporary or seasonal employees are not eligible for City benefits. As with all City employees, temporary employees also are considered at-will, and. are not guaranteed employment through the season or task for which they have been hired. D. Other Employment Classifications: I. Appointed Officia1- An employee in a position or office, which is filled through appointment by the Mayor and City Council. 2. Department Head - An appointed official who has direct supervision and responsibility for personnel, records, funds, maintenance and service to be performed by a City department. 3. Elected Official- An individual voted in by the citizens of Meridian. 4. Union Employee - An employee covered under a collective bargaining agreement between the City and a recognized bargaining unit. This is limited to the labor agreement with represented Fire employees. E. Independent Contractors - Independent contractors are not employees of the City of Meridian and are not eligible for any benefits offered through the City. II. EXEMPT AND NON-EXEMPT EMPLOYEES The City will adhere to all provisions and regulations of the Fair Labor Standards Act (FLSA) as it applies to City employees. Under FLSA, certain positions are classified as either exempt (not eligible for overtime compensation), or non-exempt (eligible for overtime compensation). If you have questions regarding your exemption status please contact the Human Resources Department. A complete listing of exempt positions is available in the Human Resources office. 31 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.2 HOURS OF WORK To outline the City's policy regarding hours of work, meal periods, and reporting procedures for time worked. Regular business hours are normally 8:00 A.M. to 5:00 P.M. Monday through Friday. However, some departments within the City have different work periods and work hours. It is the City's policy to establish time and duration of working hours as required by workload, operational demands, customer service needs, staffing requirements and any applicable law(s). AUTHORITY & RESPONSIBILITY: Supervisors shall be responsible for scheduling employees during appropriate working hours and ensuring that proper records and time sheets are kept and submitted to record time worked. PROCEDURES AND RELATED INFORMATION 1. D. II. A. WORK PERIOD A. Regular business hours are normally (8) a.m. to (5) p.m. Monday through Friday. However, some departments within the City have different work periods and work hours. it is the City's policy to establish time and duration of working hours as required by workload, operational demands, customer service needs, staffing requirements and any applicable law(s). B. A "work day" may be 8, 1O, or 24 hours of work performed within a period of (24) consecutive hours on any assigned shift, whether such shift is continuous or split. c. Non-exempt employees are responsible for monitoring the accuracy of his/her timecard for the hours worked in each work period. For overtime approval refer to SOP 3.6 (Overtime Compensation). Firefighters are subject to the special exception as provided under § 207(k) of the Fair Labor Standards Act. Represented Fire employees should refer to the union contract for additional information regarding assigned work periods. MEAL PERIODS The normal workday consists of eight (8) or ten (10) consecutive hours of work (or twenty-four (24) hour shifts for firefighters) with an unpaid meal period for non- uniformed employees. Operational demands and/or the ability to maintain appropriate staffing levels may require some departments to adjust their meal periods accordingly. 32 III. IV. B. Represented fire personnel should consult with the current labor agreement regarding breaks and meal periods. MAKE-UP TIME (Non-Union Personnel) A. Employees may be required to work after normal work hours, or the employee may work less than eight (8) or ten (10) hours per day depending on the regular work schedule. When possible, the employee and hislher immediate supervisor will arrange the employee's schedule to assure assigned hours of work fall within the forty (40) hour workweek. Any exceptions to this procedure must have prior written approval from the employee's supervisor, and the Department Head. B. Circumstances may also arise where an employee needs to work fewer hours than hislher regularly schedule work period. Department Heads, at their discretion, may allow non-exempt employees to make up lost work time during a given work week so long as the "make-up time" is completed within the same workweek. However, make- up time will not be granted if the lost work time is a result of conditions the employee could control; if there is no work for the employee to perform; or if adequate supervision is not available. REPORTING AND VERIFYING TIME RECORDS A. It is the responsibility of each employee to properly record time that he/she has worked during a payroll period and supervisors are responsible for reviewing the completed timesheets for accuracy. Falsification of timesheets and/or altering work hour records is a serious offense subject to strict disciplinary action up to and including termination. B. Employees shall record the total hours worked for each workday. Non-work time (holidays, sick and annual leave, military leave, bereavement leave, civil leave, leave without pay) shall also be recorded on the timesheet. Authorized overtime shall be recorded. c. Each time sheet/card shall b~ar the signature of the employee with a statement verifying its accuracy and a counter signature by a supervisor indicating that the hours claimed were actually worked. D. Executive, administrative and professional employees, exempt under the FLSA, are required to complete a timesheet for administrative purposes to report non-work time of equal to or greater than one (I) work day such as sick leave, vacation leave, personal leave, bereavement leave, etc. 33 III. IV. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.3 SUBJECT: PAYROLL PURPOSE: To set for the City's pay practices. POLICY; Employees are paid on a monthly basis on the last working day of each month. Employees may request to have their paychecks directly deposited into their account or receive a draft prior to 5:00 p.m. on payday. AUTHORITY & RESPONSIBILITY: Human Resources shall ensure that all employee information is accurate and up-to-date regarding rates of pay and automatic deductions. Supervisors are responsible to ensure that employees complete their time sheets and submit them to Accounting by the cutoff date of each month. PROCEDURES AND RELATED INFORMATION 1. Employees are paid monthly. The pay period ends the 20th day of each month and paychecks are issued by payroll on the last working day of each month. Bargaining unit employees in the fire department are paid on a twenty-seven (27) day cycle with coverage at 216 hours. Paychecks will be distributed at the workplace prior to 5:00 p.m. on payday. II. When an employee is absent on payday, his/her paycheck will only be released to another person if signed permission is presented to the supervisor. Otherwise, the check will be returned to payroll until the employee returns to work. Mandatory withholding from an employee's wages is required by law and includes federal and state withholding taxes, social security tax (FICA) and Medicare, and PERSI retirement contributions. Other deductions may include court-mandated withholdings. AUTOMATIC DEDUCTIONS In order for the employee's share of insurance premiums to be deducted, or for the automatic deposit of an employee's paycheck to be transferred to a local financial institution, the employee must provide written authorization to the City. 34 II. III. IV. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.4 SUBJECT: COMPENSATION PROGRAM PURPOSE: To provide guidelines for consistent administration of the compensation program and movement of an employee ITom position to position (i.e., promotion, transfer, demotion, etc.). POLICY: The City has developed and supports a pay-for-performance compensation program for all non-represented employees that include pay increases for cost of living adjustments. The following procedure provides guidelines related to the administration of the compensation program for department heads and other managers. Represented employees should refer to the current labor agreement for information regarding their compensation structure and policies. AUTHORITY & RESPONSIBILITY: Human Resources shall oversee the administration of the compensation program and shall ensure that it is adjusted and up-to-date at all times. Department heads are responsible for managing the implementation of the program according to performance and budgetary guidelines. The Mayor and City Council are responsible for determining appropriate cost ofliving adjustments and performance increases within budgetary constraints and guidelines. PROCEDURES AND RELATED INFORMATION I. The City has developed and continues to maintain a comprehensive pay-for-performance compensation program, which provides for the establishment of set ranges for all positions within the City's structure. Employees can reasonably expect to advance through his or her pay range that is assigned to his/her position by effectively meeting performance expectations of assigned duties. The City shall comply with all State and Federal pay acts respecting the compensation of employees for work performed. The City is committed to the philosophy of rewarding employees for their performance, and has designed a compensation program to meet this objective. Employees may incrementally advance through their assigned salary ranges on an annual basis in accordance with their performance rating. DEFINITIONS The following terminology may be used in describing actions or steps taken as a normal part ofthis program. 0 "In-guideline": These include all approvals that are within the guidelines as set forth by the compensation program. In guideline adjustments require all levels of management signature in the chain of command (starting with the Supervisor) up to and including the department head. 35 0 "Out-of-guideline": Includes adjustment that do not fall within the normal guidelines of the compensation program. Typically includes pay increases beyond what is set forth in the annual program, or a pay decrease for some purpose. Such guidelines require approval by all levels of management up to and including the Mayor. 0 A promotion is a reassignment of an employee to a position in a higher salary/wage range or grade than the employee's prior position. A promotion does not automatically justify or guarantee an increase to the individual's actual pay. 0 A demotion is a reassignment to a position of lower salary/wage range than the employee's prior position. This does not automatically impact the employee's actual wages paid. 0 A transfer is a lateral move to a different job in the same grade. Such adjustments mayor may not impact actual wages. 0 A documented warning is an action taken when an employee's behavior is inconsistent with the City's statement of conduct and has received a written notice describing such conduct. 0 A short-term reassignment (less than three (3) calendar months) is not considered as a promotion, transfer, or demotion. 0 A pay review is conducted when a wage or salary adjustment is being considered due to intemal or external comparison factors. 0 A performance review considers various factors of the employee's fulfillment of his/her job duties. Moving to another shift is not considered a promotion/transfer unless meeting the above criteria. IV. PAY PROGRAM The following describes the pay program for all non-represented, non-Police positions. A. The City has developed a comprehensive classification and compensation program that aligns positions within the organization based on internal evaluation and external comparisons (e.g., market surveys). The City is committed to internal equity and external competitiveness in its pay program, and regularly updates and reviews its program accordingly to maintain these objectives. B. Positions are assigned a pay range according to job type and levels of responsibility and other factors as provided by the job evaluation process. Ranges are established for each position, which identify the range minimum and maximum. 36 E. F. v. c. Movement within the ranges is dependent upon performance of job duties. To the extent possible acceptable performance will be rewarded by an upward movement within the range, while outstanding performance is rewarded by more generous upward movements. Unacceptable performance will not be rewarded. Because movement within the assigned range is dependent upon performance, employees should not presume there to be a guarantee of an increase, nor should they expect to reach the maximum point of the assigned range without acceptable performance. D. The Mayor and City Council will determine pay increases as budgets are set and tax levies are authorized. Pay given for any position within the City is subject to the annual budgetary process and as such may be subject to increase or decrease from fiscal budget year to year. The head of the department may make suggestions about salary compensation and other pay system concerns, but the final decision regarding compensation levels rest with the Mayor and City Council. The Mayor and City Council reserve the right to make budget adjustments, and consequently pay adjustments, during the course of the fiscal budget year to deal with other circumstances, which necessitate changes in entity expenditures. Performance increases are made according to the mid-point of their current grade range. After considering the employee's performance, the percentage increase will be determined (percentage allotments are determined by Mayor and City Council annually). This amount is multiplied by the mid-point of the employee's grade and added to the current rate. For example, an employee is in a grade range with a mid-point of $10.00. The individual is given a 3% increase based on his/her performance. The employee's current rate is $9.25. The employee's new rate would be $9.55 ($10.00 X .03 = $0.30 + $9.25 = $9.55). The performance increase amounts may be adjusted on an annual basis. Contact Human Resources for the most current schedule. COST OF LIVING ADJUSTMENT A separate cost of living (COLA) increase will be given to non-union employees, on October 1st of each year. The amount will be based on the Western United Region Consumer Price Index (CPI). This increase is separate from the performance pay and step programs. All pay ranges will be adjusted by the COLA percentage. Individual pay will also increase by the cost ofliving adjustment. VI. BARGAINING UNIT EMPLOYEES (FIRE) Provisions of the bargaining agreement shall govern the pay program for Fire employees who are represented by the bargaining unit. Refer to the union contact for pay structure. 37 VII. VII. A. B. POLICE OFFICERS A. Sworn police officers, excluding the Chief of Police and Captain(s), are on a separate salary step program that is independent of the non-Police salary program. (Contract Human Resources for the most current schedule.) B. Movement on the Salary Schedule shall be determined by reference to the police officer's original date of employment. At the designated anniversary date of employment (e.g. I yr, 2 yrs, etc), if the police officer has received an evaluation rating of at least "ACCEPTABLE" for the current year, he/she is eligible for an upward movement in step within his/her assigned range. C. If an officer receives less than an "ACCEPTABLE" performance rating, he/she shall remain on the same compensation step regardless of continuous time in service, unless and until that officer receives an evaluation of "acceptable" or better. In addition, he/she shall also be placed on a performance improvement plan requiring immediate improvement in performance. EMPLOYEES WHO EXCEED THE MAXIMUM OF THEIR ASSIGNED RANGE Employees who exceed the maximum of their assigned range shall continue to receive increases as if they were within the range for one (1) year. If after one (1) year the employee is above the range maximum, he/she will be frozen until recaptured in the range. Sworn officers above the maximum of the range will be frozen until recaptured in the range. 38 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.4.1 INDIVIDUAL PAY To identify the City's practices in establishing individual pay within the range assigned to the employee's position. Individual pay for non-represented employees shall be based at the time of hire, rehire, promotion, etc. upon individual competency, experience, education, and other compensable factors as outlined within the following policies. AUTHORITY & RESPONSIBILITY: Hiring supervisors and department heads shall have the responsibility to recommend a starting wage for an employee based on individual competency, experience, and other qualifications. The Mayor shall approve all out-of-guideline starting wages for employees. The Human Resources Director and Chief Finance Officer shall ensure compliance by supervisors to the budgetary guidelines as established annually by Mayor and City Council. PROCEDURES AND RELATED INFORMATION I. A. B. c. II. RE-HIRES A. B. NEW HIRES New hires will typically start at the minimum of the range for the grade. Should the employee have considerable background, knowledge, education, etc., which merits entering at a higher rate, the department head must get "out-of- guideline" approval before an offer is made. Supervisors and department heads may typically offer a starting wage at or below mid-point based on qualifications. Newly hired sworn certified police officers meeting certain criteria, may be placed on the salary schedule after the completion of his/her introductory period, if said officer has been employed as a sworn certified police officer for at least four (4) years of continuous service in a paid, full time position in a police department. For any new hires satisfying the above criteria, said officer may receive fÌ"om one (1) to four (4) years of credit for his/her previous service. Those applicants with four-ten (4-10) year's prior service shall be eligible to receive a maximum of no more than four (4) years of service at the police officer level. Terminated employees who are rehired will be considered "new hires". Employees returning from an approved leave of absence are not considered as "rehires." 39 III. DIFFERENTIALS The following outlines the procedures for individuals with special responsibilities. A. Any patrol officer, detective or sergeant who is also a canine officer currently using, training and caring for a trained police canine used by the Police Department, shall receive an additional forty-five minutes each day (seven days a week) of straight time. This time will not be used in calculating overtime wages, and will be paid at an agreed upon rate prior to the start of his /her duties. 40 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.4.2 COMPENSATION PROGRAM UPDATES To outline the procedures by which the City's compensation program shall be periodically reviewed. The Human Resources Director and Chief Financial Officer shall review the compensation program on an annual basis for effectiveness and budgetary compliance. The program shall be updated as needed to meet internal equity and external competitiveness objectives as outlined within the following procedures. A representative Compensation Committee shall be established to ensure the maintenance of internal equity. AUTHORITY & RESPONSIBILITY: The Human Resources Director shall review the City's compensation program to ensure effectiveness in meeting the City's compensation objectives. The Chief Financial Officer shall review the administration and implementation of the compensation program to ensure that all related actions hold within predetermined budgetary parameters. The Compensation Committee shall meet at least annually to review the internal equity structure of the compensation program as outlined herein. PROCEDURES AND RELATED INFORMATION 1. II. The Human Resources Director and Chief Financial Officer will review the wage ranges by grade on an annual basis to determine effectiveness of program administration, appropriateness of salaries, and compliance with budgetary parameters. COMPENSATION COMMITTEE A. The Mayor will designate a Compensation Committee comprised of representative members of the City's management group. B. The committee will meet on at least an annual basis to review salary grades, and positions re-eva1uated and slotted by an independent consultant. 41 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.4.3 SUBJECT: PERFORMANCE INCREASES TO SALARY PURPOSE: To identify the manner in which employees may receive wage increases based on performance. POLICY: The City has established a pay-for-performance compensation program for all non-represented positions. Each year, the Mayor and City Council may approve percentages for pay increases (if any) available to employees based on the outcome of individual performance appraisals. AUTHORITY & RESPONSIBILITY: Human Resources shall be responsible for interpreting this policy. Supervisors and department heads are responsible for ensuring that performance appraisals are given in a timely manner, according to City standards, and in a manner that objectively documents performance. Supervisors and department heads may award annual performance increase to employees who "Meet the Job Requirements" performance rating or higher as outlined within the annual compensation program. PROCEDURES AND RELATED INFORMATION I. PHILOSOPHY Increases are "earned" by the employee not "given" by management. All increases are earned by merit. Merit considers and measures job performance against job standards or established goals and objectives. Attitude can also be considered if it affects the job performance of the employee or other employee(s). II. PERFORMANCE REVIEW SCHEDULE A. Unless otherwise specified, performance review schedules shall be as follows: 1. Current Employees: Annual reviews will be given near October I 5t of each year unless experiencing a date altering event as prescribed by policy. Upon completion of the review, current employees may be eligible for a merit increase based on performance. 2. New Hires: Will be given a performance review at six (6) months, and again at twelve (12) months effective on their employment start date and on the employee's anniversary thereafter unless experiencing a date- altering event as prescribed by policy. New hires are eligible for a merit increase on his/her one-year anniversary date based on job performance. 42 III. B. c. 3. Re-Hires: Employees who have terminated there employment will have their performance review date based upon when they are rehired. 4. Sworn Police Officers: With the exception of the Police Chief and Captain(s), Sworn officers in the police department will receive a performance review after one (1) year of service on his/her anniversary date in accordance with the seven (7) year step program. 5. Represented Emplovees: Bargaining unit employees in the fire department will receive a performance review after one (1) year of service; Thereafter near October I st of each year. Pay increases are separate and are determined by the union agreement. 6. Emplovees on Documented Written Warning: At the supervisor/manager discretion employees who have received a written warning may not be eligible for pay increase until after the warning has expired. If an increase is granted after the warning period has expired, the anniversary is not adjusted, but remains the same date as the scheduled review. B. INTERIM INCREASE DATES (Changes in Anniversary Date) 1. Each time an increase or decrease occurs, the date of this adjustment will be used to determine the next performance review. For example, if an employee receives an increase or promotion on March 15, his/her next performance review is due twelve (12) months after the wage increase. 2. Supervisors may delay or request early increases on an exception basis. Such a review will be approved through "out-of-guideline" approval channels. The exception to this is a pay review that is delayed because the employee is on a documented disciplinary warning for which he/she has signed an acknowledgment of receipt. PERFORMANCE INCREASE PROCEDURES A. Notice ftom Human Resources: Once a month prior to the employee's effective date for hislher increase, Human Resources will send a list of employees eligible for a performance review to the designated supervisor, manager or department head. Performance Reviews Completed: The supervisor, manager or department head will complete a performance evaluation form on each employee whose review is due, and indicate the appropriate salary/wage increase on a Personnel Action Request form. A due date will be noted on the information received from Human Resources. The date will be approximately two (2) weeks after receipt of the list by the supervisor. 43 G. D. APPROVALS 1. If the recommendation is "in-guidelines", the immediate supervisor forwards the Personnel Action Request form and related Performance Evaluation(s) to the next level of management for approval. After the next level of management has approved these documents, the Performance Evaluation and Personnel Action Request form is sent to the Human Resources Department for review and approval. 2. If the recommendation is "out-of-guidelines", the Personnel Action Request form and related Performance Eva1uation(s) are sent to all levels of management and up to and including the Mayor for approval. 3. Once approved the information will be forward to Payroll for processing. E. Sending of Forms Back to the Supervisor: The approved Personnel Action Request formes) will be sent back to the supervisor with the related Performance Evaluation( s). F. Meeting with the Employee: The supervisor will discuss the performance review with the employee and have him/her sign his/her Performance Evaluation. The supervisor gives the employee a copy of the Performance Evaluation and forwards the original to Human Resources for filing. No discussion of the increase should be held with the employee prior to receipt of fully approved documents. Responsibility for Review Outcome: The immediate supervisor should take responsibility for the amount of the increase. In no case shall a supervisor lead an employee to believe they tried for a larger increase, but could not get it approved by "upper management" 44 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.4.4 ADJUSTMENT TO WAGES To outline the City's policy regarding movement of individual wages due to changes in the terms and/or conditions of employment resulting from leaves of absence, layoffs, promotions, demotions, and other related changes. The City shall make adjustments to individual wages of employees due to changes effected by leaves of absence, layoffs, promotions, demotions, and other related changes. Guidelines regarding these adjustments are outlined in the following procedures. AUTHORITY & RESPONSIBILITY: Human Resources shall be responsible for interpreting this policy. Supervisors and department heads are responsible to ensure compliance with this policy in the case of an employee who is affected by this policy. The Mayor shall have the authority to approve all out-of-guideline adjustments to wages as set forth herein. PROCEDURES AND RELATED INFORMATION I. EMPLOYEES ON LEAVE OF ABSENCE (LOA) AND LAYOFF (LO) II. A. B. Review Date: If the employee has been on LOA or LO for less than one-half (1/2) of the total days for the performance review period, the employee's review date will remain the same as though he/she had not been on leave. Increases for employees on LOA or LO are prorated based upon time service. If the employee has been on LOA or LO for more than one-half (1/2) of the total days for the review period, the review will be forfeited. Pro-ration ofIncrease: When increases are given, job performance is, among other factors, a major consideration. If the employee has been on active status for less than the annual performance review period oftwelve (12) months, an increase will be calculated from a proportion of actual months of active status worked compared to total number of months in the review period. Example: An employee is on active status for six (6) months during his/her review period. He/she is reviewed on October I. This individual would receive six-twelfths (6/12) or 50% of his/her regularly scheduled amount. RETURNING FROM LOAILO OR TRANSFERRING TO A POSITION IN A LOWER GRADE A. Employees returning or transferring to a position in a lower salary/wage grade will assume the new salary/wage range. Factors considered in determining the 45 III. B. C. employee's salary/wage in the new range include: speed, accuracy, attitude, length of service in the job class prior to the leave of absence or layoff, the salary/wage grade range of the new position, grade range penetration of the employee relative to experience level, etc. B. Minimum to Mid-Point: Generally, employees will be placed between the entry and mid-point of the range for the position in which they are being placed. c. Under the Minimum and Over the Mid-Point ofthe Range: Employees rate can be placed in these locations through "out-of-guideline" approval(s). PROMOTION WAGE/SALARY ADJUSTMENT A. All increase, except for sworn police officers and bargaining unit employees will be based on merit. Depending on the performance of the employee and the location of the promoted individual's current wage/salary, the following schedule will be used as it relates to the lowest range for the grade. Salary/Wage Location in New Range Location of Current Wage Below Entry Entry to Market Over Market-Rate Compared to Rate New RamIe Movement of % based on performance, but Salary in New To Minimum not to exceed 0% Range Market Rate I. Below the Entry of the New Range: Promoted employees will be taken to the minimum of their new range. 2. Current Wage/Salarv Between Entry and Market Rate: The percentage is based on performance, but not to exceed Market rate. 3. Current Wage/Salarv Above the Market Rate: Typically, there are no increases for individuals in this section of the range. The advantage for the employee is he/she will assume a range with a greater maximum than in his/her previous grade. Any exceptions will be processed through the "out-of- guideline" approval channels. Review Schedule for Promotional Increases: When an employee receives an increase in conjunction with a promotion, the date ofthe promotion becomes the anniversary date for the purposes of establishing the next performance review date. Sworn police officers, excluding the Chief of Police and Captain(s), are on a separate step program. Contact Human Resources for the schedule. 46 IV. V. A. B. VI. D. The provisions of the bargaining agreement shall govern promotions for bargaining union employees in the fire department. Refer to the union contract for promotional policy. DEMOTIONS A. Employees being placed in positions with a grade lesser than the one from which they originated will have wage/salary determined through "out-of-guideline" approval channels. Employees being demoted will normally receive a decrease in wage/salary iftheir rate of pay is above the mid-point of the salary range. Demoted employees with a wage/salary below the mid-point rate ofthe new range will be frozen for at least one (1) year. B. The provisions of the bargaining agreement shall govern demotions for bargaining union employees in the fire department. Refer to the union contract for policy. TRANSFERS TO A POSITION IN THE SAME GRADE Employees affected by this situation must have their wage/salary adjustment and transferapprQved before completion of the move. Typically the individual will remain at the same rate ofpay. The provisions of the bargaining agreement shall govern transfers for bargaining union employees in the fire department. Refer to the union contract under promotions for policy. ADJUSTMENT OF REVIEW DATES FOR TRANSFERRED EMPLOYEES A. B. If adjustment to the employee salary/wage rate occurs, the next performance review will be twelve (12) months from the transfer date. For lateral transfers, when no increase is given, the employee's regular scheduled review date will remain the same. Sworn police officers, excluding the Chief of Police and Captain(s), are on a separate step program. Movement on the salary schedule will be determined by the police officers original date of employment. 47 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.5 SUBJECT: TRAVEL AND EXPENSE REIMBURSEMENT PURPOSE: To outline the City's policy regarding travel and reimbursements for related expenses. POLICY: An employee on authorized City business shall be reimbursed for expenses incuITed in completing his/her work-related assignment in accord with the procedures established within this policy. AUTHORITY & RESPONSffiILITY: Each City employee is responsible for providing verified receipts for any expenses for which reimbursement is requested for authorized travel and expenses in accordance with the City's Ethics Ordinance (#787) and consistent with Idaho Code. PROCEDURES AND RELATED INFORMATION I. TRAVEL A WAY FROM THE CITY The department head or Mayor must approve all travel away from the City in advance. Travel expense reports must be completed and submitted to Accounting within ten (10) working days from the completion of the authorized travel. All expenses related to the trip should be reported on the expense report, ie: airfare, lodging, meals, etc. II. ADVANCE TRAVEL REQUEST A. Employees may request advance travel monies by completing an Accounting Check Request form and submitting it to their department head at least five (5) business days prior to departure. The approved form would then be submitted to the Accounting Department at least three (3) days prior to departure. B. Within ten (10) working days from the completion of the authorized travel, an employee shall submit an itemized travel expense report accounting for reimbursable travel expenses with all original receipts including all receipts for charges made on the City credit cards to his/her Department Head for approval. The approved form will then be submitted to the Finance Department for processing. C. If actual reimbursable expenses are less than the amount of the advanced monies, the employee must return the excess amount upon submission of the request for reimbursement and accompanying documentation. D. If actual reimbursable expenses exceed the amount of the advanced monies, and all expenses are approved, the employee will be issued a check for the balance during the next regular accounting cycle. 48 III. IV. E. If an employee has elected to wait until completion of their authorized business travel before requesting reimbursement for their travel expenses, the reimbursement request will be submitted to the department head and Finance Department as noted above. Reimbursement will be made during the next regular accounts payable cycle. TRAVEL EXPENSES NOT ALLOWABLE A. Expenses for side trips not involving City business are personal and will not be reimbursed by the City. B. Expenses for travel between home and the office or for other non-official purposes. C. Expenses incurred by an employee while on leave. D. The City does not pay for the alcohol or entertainment expenses. Entertainment includes any additional costs paid for in-room movies. TRANSPORTATION D. E. F. v. A. Employees should use the most practical mode of travel from the standpoint of time and expense. B. Reimbursement for travel by common carrier will be limited to the lowest cost means of travel unless it is unpractical or not available. c. Reimbursement of mileage for use of a private owned vehicle will be at the most current IRS allowable mileage rate. Allowable mileage will be computed according to thelatest official state highway map or mileage charts. The use of City of Meridian vehicles for personal or other non-official business is strictly prohibited. Home to office driving is only permissible when beginning or ending an authorized trip outside of regular business hours, or for other reasons considered in the best interest the City. The Mayor must approve full time assignment of a City vehicle to an employee. The City will reimburse employees for taxi or bus fares to the depots, airports, and hotels and other ground transportation costs necessary to conduct City business while traveling. Receipts must be provided. LODGING EXPENSES A. The actual cost of lodging plus applicable tax will be reimbursed. Lodging costs may be direct-billed to the City with prior approval of the department head. 49 B. At the time of making reservations or registering, employees will identify themselves as City employees and whenever possible secure the accommodations at the government rate, if available. VI. MEAL EXPENSES Employees are allowed up to $50 per day for meals (including gratuities) Meals must be justifiable and reasonable. Receipts must accompany the expense report to Accounting for reimbursements. When employees are on City business for less than twenty-four (24) hours, a partial day reimbursement will be paid. Exceptions- If an employee will be traveling out of the country or out of the state to an area where the $50 meal allowance is not practical the employee will be required to get approval for the difference, from his/her department head. The Mayor must approve any exceptions for the department head. The Mayor also may approve any exceptions in the absence of the department head. VII. OTHER REIMBURSEMENT When other federal, state or local agencies directly reimburse an employee for travel, training, and other related training costs, and where such costs were borne by the City, the employee will be required to endorse that reimbursement check over to the City. The reimbursement check must be submitted to the Finance Department within three (3) days of receipt. VIII. COMPLIANCE Failure to comply with any of the terms of this policy may result in legal and/or disciplinary action, up to and including termination. 50 III. IV. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 3.6 SUBJECT: OVERTIME COMPENSATION PURPOSE: To outline and identify eligibility for overtime compensation and the City's policy regarding accumulation and payment of overtime. POLICY: The City shall provide overtime compensation in accordance with the Fair Labor Standards Act as outlined within this policy. AUTHORITY & RESPONSIBILITY: Human Resources shall be responsible for interpreting this policy. Supervisors and department heads are responsible to ensure that proper tracking of hours worked is made for all employees for whom they are responsible. PROCEDURES AND RELATED INFORMATION 1. EXEMPT EMPLOYEES All executive, administrative or professional employees who qualify, as exempt employees under the Fair Labor Standards Act (FLSA) will be paid in compliance with the requirements of the FLSA. Exempt employees are not eligible for overtime compensation. However, in recognition of the extra time demands required of certain exempt positions, occasionally paid time may be taken when approved by the department head and/or the Mayor. II. NON-EXEMPT EMPLOYEES All non-exempt, non-represented employees will be paid time at one and one-half the regular rate for hours worked in excess of forty (40) hours within the seven (7) day workweek as defined in Section V of this policy. Overtime must be approved in advance by the employee's supervisor and will be approved only when absolutely necessary. Questions about overtime should be directed to your supervisor or the Payroll office. Court time for sworn law enforcement personnel, unless the court time occurs during a regular shift, shall be paid at the rate of one and one half times the regular hourly rate of pay for the actual time taken for the court appearance, or two hours, whichever is greater. FIRE EMPLOYEES Overtime for bargaining unit employees shall be governed by the provisions of the bargaining agreement. COMPENSATORY TIME Compensatory time is time in lieu of monetary overtime compensation, which is given at a rate of not less than one and one-half hours for each hour of overtime worked. The City does not recol!nize nor allow compensatorv time in lieu of overtime payment. 51 v. HOURS WORKED AND WORK PERIOD DEFINED According to the Fair Labor Standards Act, only actual hours worked are computed for the purpose of determining hours worked for overtime calculation. In other words, vacation, holiday, or sick time, though typically compensated, is not counted when computing hours worked in aworkweek for purposes of calculating overtime. Every employee shall have a designated work period. The work period for all regular full-time employees who are subject to the FLSA will begin at 12:00 (midnight) on Sunday of each week and concludes at 11 :59 p.m. of the succeeding Saturday; however operational demands and staffing levels may require a work period with different starting and ending days. The employee's supervisor and Department Head must approve any changes in scheduling of hours or in the designation of the work period. 52 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.1 HOLIDAYS To outline the holidays observed by the City and related leave and compensation policies related to holidays. The City shall provide paid holidays to eligible employees as listed below. Eligible employees shall be granted ten paid holidays per year. Emergency service personnel or others required to work on holidays shall be compensated for holiday hours as outlined herein. AUTHORITY & RESPONSIBILITY: Payroll shall ensure proper tracking and payment of holiday hours for employees, including special arrangements for emergency service and shift personnel required to work on holidays. PROCEDURES AND RELATED INFORMATION 1. A holiday is a day of exemption from work, granted to employees as if they had actually worked. The City observes ten (10) holidays with pay during the calendar year: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. II. New Year's Day (January I) Martin Luther King, Jr.'s Birthday/Human Rights Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (1st Monday in September) Veteran's Day (Novemberll) Thanksgiving (4th Thursday in November) Day after Thanksgiving Christmas Day (December 25) HOLIDAYS OCCURRING ON SA TURDA Y OR SUNDAY Generally, holidays falling on a Saturday are observed on the preceding Friday; those falling on Sunday are observed the following Monday. In celebrating the above holidays, all City offices and departments will be closed with the exception of those departments responsible for wastewater and emergency service. III. HOLIDAY COMPENSA nON FOR SHIFT WORKERS For employees working shifts of ten (10) or more hours per day, a maximum of eighty (80) hours of holiday pay is provided per calendar year. 53 V. VI. IV. COMPENSA nON FOR HOLIDAYS A. Regular full-time employees are paid for eight (8) hours of holiday pay for each holiday. B. Temporary and seasonal employees are only paid for hours worked. C. An employee who is assigned to work on a recognized holiday will be paid for hours worked on the holiday at the regular rate of pay plus eight (8) hours holiday pay at straight time. For example, if a non-shift employee is regularly scheduled to work on Wednesday, December 25, and is assigned to work three hours on that day, he/she would be paid for eight (8) hours of holiday pay plus three (3) hours of straight time pay, for a total of e]even (11) hours of pay. If a shift employee is regularly scheduled to work on Wednesday, December 25, for their normal ten (10) hour shift, he/she would be paid for eight (8) hours of holiday plus ten (10) hours of straight time pay, for a total of eighteen (18) hours ofpay. HOLIDAY AND LEAVE STATUS Employees who are on leave status (vacation, sick, personal, worker's compensation, military duty, FMLA, etc.) are not eligible for additional holiday pay. For example, if an employee is on vacation leave during the week of December 23 through December 27, that employee's pay would reflect four (4) days of vacation leave and one (I) day of holiday pay. Holidays falling within approved leave time will not be counted as part of the leave time. BARGAINING UNIT EMPLOYEES Holiday leave for bargaining unit employees shall be governed by the provisions of the bargaining agreement. Represented employees shall reference the current labor agreement for related information. 54 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.2 SUBJECT: VACATION PURPOSE: To define the City's vacation program and eligibility requirements. POLICY; Eligible City employees with the exception of bargaining unit employees, shall accrue paid time off according to the schedule outlined within this policy based on tenure with the organization. Employees may use accrued time off as per this policy at their discretion with appropriate authorization as outlined herein. AUTHORITY & RESPONSIBILITY: Employees shall make appropriate requests for use of paid vacation from their supervisors. Supervisors shall ensure appropriate coverage for the employee's absence and authorize paid vacation as appropriate so as to meet the needs of City operations. PROCEDURES AND RELATED INFORMATION 1. ACCRUAL RATES A. The City provides paid vacation leave as one of the many ways in which it shows its appreciation for employee's loyalty and service. City employees accrue vacation leave in advance of when they are eligible to use it. Vacation cannot be used before it accrues. Vacation hours accrued for a particular month cannot be used by an employee in advance, or during the month they are earned. Vacation accrues from the start of employment based on anniversary date. B. The monthly accrual rate for employees is as follows: Lenl!th of Service 0 - 2 years 3-4years 5 - 6 years 7 - 8 years 9 -10 years 11-12 years 13-14 years 15-16 years 17-18 years 19-20 years 21-22 years 23-24 years 25 + years Monthly Accrual 8.0 hours 8.67 hours 9.33 hours 10.0 hours 10.67 hours 11.33 hours 12.0 hours 12.67 hours 13.33 hours 14.0 hours 14.67 hours 15.33 hours 16.0 hours 55 Maximum Annual Accrual Limit 96 hours 104 hours 112 hours 120 hours 128 hours 136 hours 144 hours 152 hours 160 hours 168 hours 176 hours 184 hours 192 hours Accrued vacation hours may be carried over from one (I) calendar year to the next up to a two (2) year cap ITom the employee's maximum annual accrual limit. Any excess over the two (2) year cap will cease to accrue until hours have been taken. II. ELIGIBILITY A. REGULAR FULL-TIME EMPLOYEES Regular full-time employees are not eligible for vacation benefits until after six months of employment. B. LAW ENFORCEMENT AND BARGAINING UNIT EMPLOYEES I. Police and bargaining unit employees in the Fire Department have a one (I) year introductory period and may not take vacation during the first year of employment. 2. Vacation leave provisions for bargaining unit employees in the Fire Department shall be governed by the provisions of the bargaining agreement. Refer to the union contract for breakdown of schedule. C. TEMPORARY, SEASONAL AND PART-TIME EMPLOYEES Seasonal, temporary and part-time employees are not eligible for vacation leave benefits. III. V ACA TION LEAVE APPROVAL Approval for vacation leave must be pre-approved (except for those provisions under FMLA) by the employee's supervisor/department head so scheduling of work can be accomplished. IV. OTHER LEAVE PROVISIONS A. An employee who is on medical, FMLA, workers compensation or unpaid personal leave will not accrue vacation hours while on leave. B. Employees who leave the City's employment are paid all vacation leave accrued up to the time of separation. c. Credit for previous years of service will not be given to rehires. Accrual rates for rehires will start over. Those individuals on layoff status will be given credit for prior years of service. 56 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.3 SICK LEAVE To outline sick leave benefits for employees. All eligible employees will accrue sick leave benefits as set forth in this policy or as per the current labor agreement. AUTHORITY & RESPONSIBILITY: Supervisors and department heads shall be responsible to ensure the appropriate administration of this policy so as to prevent abuse of sick leave. PROCEDURES AND RELATED INFORMATION 1. SICK LEAVE ACCRUAL A. B. c. II. Sick leave benefits are designed to provide income protection for employees in the event of illness, injury or disability. Sick leave benefits are provided to regular full-time employees at the rate of eight (8) hours per month, hours may accumulate up to ninety (90) days or seven hundred and twenty (720) hours, and then sick accruals will cease until hours have been taken. Sick leave accrues ftom the start of employment based on anniversary date. An employee is eligible to use sick leave after one (1) month of employment. Sick leave hours accrued for a particular month cannot be used in advance, or during the month they are to be earned. ALLOWABLE USES OF SICK LEAVE A. Accrued sick leave hours may be used for: 1. Personal illness (including maternity related or medical disability); 2. Personal injury; 3. Illness or quarantine of employee's immediate family necessitating the employee's absence from work. (Immediate family is defined as any relative who resides with the employee and who depends upon the employee for regular care); 4. Personal or medical related appointments, including annual wellness exams, counseling, dental check-up, etc; 5. Provisions under the Family and Medical Leave Act of 1993 that provide leave to certain employees who qualify. Employees should contact the Human Resources office for further details. 57 III. IV. B. ABUSE OF SICK LEAVE Sick leave may be used as allowed in this policy, but for no other purpose. Any abuse of the sick leave benefit shall result in disciplinary action up to and including termination. NOTIFICATION REQUIREMENTS A. An employee who is unable to report to work because of illness or injury must notify his/her supervisor at least Yz hour prior to his/her work shift or (if in the case of an accident or emergency) as soon as possible. B. Paid sick leave of three (3) consecutive days or more will not be approved without submission of a doctor's certificate stating the employee is unable to perform his/her duties. An employee may be required to provide a doctor's certificate prior to the use of three (3) consecutive days of sick leave to ensure compliance with the provisions of this policy and the Family Medical Leave Act. OTHER LEAVE PROVISIONS A. An employee who is on medical, FMLA, workers compensation or unpaid personal leave will not accrue any sick leave benefits while on leave. At the time of separation of employment with the City, all accrued sick leave shall be forfeited and shall not be paid. Such forfeited sick leave shall not be reinstated upon an individual who may be rehired by the City, except for layoffs. B. Seasonal, part-time and/or temporary employees are not eligible for sick leave benefits. C. Sick leave provisions for bargaining unit employees in the Fire Department shall be governed by the provisions of the bargaining agreement. Refer to the union contract for breakdown of schedule. 58 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.3.1 SUBJECT: LEAVE POOL FOR INCURABLE TERMINAL ILLNESSES PURPOSE: To outline sick/vacation leave pool for employees. POLICY: The City has established a sick/vacation leave pool available for incurable terminal illnesses. This pool provides assistance to alleviate economic hardship caused by the absence from work necessitated by an incurable, terminal illness. AUTHORITY & RESPONSIBILITY: Employees shall make appropriate requests for use of the incurable terminal illness pool. Human Resources shall be responsible for administering and interpreting this policy. PROCEDURE AND RELATED INFORMATION 1. ELIGIBILITY A. All regular full-time employees are eligible to receive sick and/or vacation leave benefits from the pool. II. ALLOWABLE USE A. Employees may donate some or all of their accumulated sick and vacation leave to be used by employees with incurable terminal illnesses. B. Hours are available to employees upon written request from the employee, recommendation by the department head, the Human Resource's Director and the Mayor. C. TO receive benefits an employee must: 11. Have been absent continuously from work due to an incurable, terminal illness; 12. Put the request in writing; 13. Employees must have exhausted all of his/her sick and vacation days; 14. Employees must provide a physician statement certifying that the employee has an incurable, terminal illness, which will result in death. 59 III. OTHER PROVISIONS c. At the discretion of the Human Resource Director and the Mayor, a second medical opinion may be required. D. If an employee does not use all of the days granted by the pool the unused sick/vacation days or hours will be returned to the sick/vacation pool. In no case shall an employee be granted more than a total of 180 days (1440 hours) from the pool. 60 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4,4 FAMILY AND MEDICAL LEAVE To identify the City's policy in conformance with the Family and Medical leave Act of 1993. The City shal! provide leave to eligible employees for qualified medical or family related reasons as outlined within the fol!owing procedures. AUTHORITY & RESPONSIBILITY: Human Resources shal! be responsible for administering and interpreting this policy. PROCEDURES AND RELATED INFORMATION I. B. II. LEA VE PURPOSES AND BENEFITS A. In order to comply with the Family and Medical Leave Act (FMLA) of 1993, eligible employees are entitled to twelve (12) weeks of leave for the fol!owing reasons: 1. The birth or placement for adoption or foster care of a child, within twelve (12) months ofthe birth or adoption; The serious health condition of a spouse, child or parent; The employee's own serious health condition. 2. 3. For employees whose spouses are employed with the City, leave may be limited to a combined total of up to twelve (12) weeks of unpaid leave in a twelve (12) month period if the leave is taken for the birth of a child, placement of a child for adoption or foster care, or to care for a parent with a serious health condition. DEFINITIONS For purposes of the Family Leave policy, the following definitions shal! apply: A. B. c. D. Eligible Employees shal! mean any person employed for at least twelve (12) months, and who has worked 1,250 hours or more during the twelve (12) months prior to the leave request; Child shal! include the biological, adopted, foster, stepchild, legal ward or a child of an individua11egally acting in the parent's stead. The child must be under the age of eighteen (18) unless he/she is incapable of self-care because of physical or mental disability; Spouse means a husband or wife as defined and recognized under Idaho State law for purpose of marriage; Parent means biological parent or an individual who stands or stood in place of a biological parent. This term does not include parents-in-law; 61 III. E. Serious Health Condition is defined as an illness, injury, impairment or physical or mental condition involving either impatient care or continuing treatment by a health care provider; Twelve (12) month period is defined as a "rolling" twelve (12) month period, measured backward from the date an employee starts his/her FMLA leave; Certification shall refer to a statement by a health care provider which includes: F. G. 1. 2. 3. 4. The date on which the serious health condition began; The probable duration of the condition; Appropriate medical facts regarding the condition; A statement that the employee is needed to care for a spouse, child or parent, along with the estimated length of time or; That the employee is unable to perform his/her duties; In the case of intermittent leave, the dates and duration of treatment to be given. 5. 6. The certification notice must be provided within fifteen (15) days from the date it is requested by the City. The City may, at its expense, obtain an opinion fÌ'om a second health care provider (of the City choosing) or third health care provider (chosen jointly by the employee and the City). NOTICE AND CONFIRMATION OF LEAVE An eligible employee must notify the City of the need to request FMLA leave under this policy no later than thirty (30) days prior to the beginning date of such leave. In the event of an emergency, the employee must provide as much notice as is practical. In the event of leave for a serious medical condition or treatment which is foreseeable, employees are required to make a reasonable effort to schedule treatment so as not to unduly disrupt work operations and to provide the thirty (30) day notice; or such notice as is practical. IV. DURATION OF LEAVE AND METHODS OF TAKING LEAVE A. B. An employee may be given up to a maximum of twelve (12) weeks for a leave under FMLA. However, in situations where the reason for the leave is to care for a sick family member or for their own serious health condition, the employee may be permitted to use up to the twelve (12) total weeks on leave on an intermittent basis or on a reduced workweek schedule, if it is medically necessary to do so. Under the Family Medical Leave Act an employee may take reduced or intermittent leave when it is medically necessary to care for a serious health condition for his/her family member or for the employee's own serious health condition. Employees will be required to provide additional medical certification by a qualified health care provider that states this accommodation is medically necessary. The certification must specify how long the leave will be necessary. Employees on reduced or intermittent leave may be required to transfer temporarily to an available alternative position with equivalent pay and benefits that can accommodate the recurring periods of leave or reduced work schedule. 62 V. C. D. Intermittent or reduced leave to care for a newborn or newly placed adopted or foster care child may be approved by the City if the department head can accommodate the work schedule. While on family medical leave, the City may require that the employee periodically report his/her status and intention to return to work. The City may also require that an employee on family medical leave obtain subsequent re- certification ora serious health condition. BENEFITS WHILE ON F AMIL Y MEDICAL LEAVE VI. D. A. Employees will be required to coordinate any available vacation and sick leave with workers compensation, short-term and long-term disability to make up the difference in salary before utilizing leave without pay. The paid leave will be counted toward the twelve (12) weeks of Family Medical Leave (FMLA). B. Employees who do not have accrued leave time are eligible to take up to twelve (12) weeks of unpaid leave under the Family Medical Leave Act, provided that the employee meets the definitions of eligibility. C. The City will continue health benefits for employees on family leave up to twelve (12) weeks under the same conditions as if the employee had continued to work. Except in certain circumstances, if an employee does not return from a family medical leave, he/she may be required to reimburse the City for their share of health premiums that were paid by the City on hislher behalf to continue his/her employee coverage(s) while on leave. For any period an employee receives paid leave benefits, the City will deduct the employee's premium portion through payroll deductions. For unpaid leaves, employees will be required to make arrangements with the City to pay for his/her portion of the health, dental and supplemental insurance premiums while out on leave. EFFECT ON OTHER CITY BENEFITS A. B. Employees on family leave will not lose seniority or employment benefits. However, an employee who takes FMLA leave will not accrue vacation or sick leave while on leave. Upon return from a family leave, an employee shall be returned to the same or similar position with equivalent pay, benefits and other terms and conditions of employment that he/she occupied prior to the leave, with the exception of key employees as described in section 825.218 of the Family Medical Leave Act regulations. 63 VII. OTHER GENERAL PROVISIONS A. Eligible employees may exercise rights granted under this policy with complete freedom ITom retaliation, threat of discharge or discrimination. The City shall not interfere with or restrain, in any way, an employee's rights to family leave in compliance with this policy. B. The City cannot cover all the details concerning family leave in this policy manual. Employees with questions should contact the Human Resources office for additional information. 64 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.5 SUBJECT: BEREAVEMENT LEAVE PURPOSE: To provide paid time off for eligible employees to attend funerals of a member of the immediate family. POLICY: In the event of a death in the immediate family of an employee, the City allows an eligible employee an absence from work with pay of three (3) consecutive workdays. Additional time off without pay may be granted at the discretion of the department head. The employee shall notify his/her supervisor as soon as possible prior to the use of this leave. AUTHORITY & RESPONSIBILITY: Immediate supervisor and department head shall be responsible for administration of this policy. PROCEDURES AND RELATED INFORMATION I. In the event of a death in the immediate family of an employee, the City allows an employee an absence from work with pay of three (3) consecutive workdays. Additional time off without pay may be granted at the discretion of the department head. The employee shall notify his/her supervisor as soon as possible prior to the use of this leave. II. For purposes of this policy, immediate family shall be defined as spouse, children, parents, in-laws, brother, sister, grandparents, grandchild of the employee. In-laws are defined as a father, mother, sister and brother in-law. III. Bereavement Leave provisions for bargaining unit employees in the Fire Department shall be governed by the provisions of the bargaining agreement. Refer to the union contract for additional details. 65 SUBJECT: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.6 CIVIL LEAVE PURPOSE: To outline the City's policy to provide employees with paid time to serve on juries or to testify in court. POLICY: Leave will be granted to full-time non-exempt and exempt employees called to serve as a juror or witness for any federal, state, or local court oflaw. AUTHORITY & RESPONSIBILITY: Accounting shall process all requests for payment of time spent serving on a jury or to testify in court as outlined within this policy. PROCEDURES AND RELATED INFORMATION 1. II. B. III. Leave will be granted to full-time non-exempt and exempt employees called to serve as a juror or witness for any federal, state, or local court of law. Jury duty or court leave is not allowed in matters in which the employee is a litigant such as a petitioner, respondent, plaintiff, or defendant. COMPENSA nON FOR CIVIL LEAVE A. Full pay will be given only when: I. The employee is required to involuntarily serve as a juror or involuntarily appear as a witness in a matter other than one personal to the employee. 2. The employee serves on a day that would have been a regularly scheduled workday. 3. Exempt employees will be paid for all time served while on jury duty. Court fees paid by the court and received by an employee except for mileage reimbursement shall be remitted to the City within five (5) business days of receipt. OTHER GENERAL PROVISIONS A. B. c. Employees released from jury duty on a scheduled workday are required to immediately report to work. Failure to do so may result in disciplinary action up to and including termination. An employee who is directed to appear as a witness for the Federal government, State of Idaho, or to attend court or other official hearings or trials in connection with hislher official duties is not to be considered absent from duty. Employees requested to serve as a member of a jury are not to be considered absent from work. 66 II. III. IV. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.7 SUBJECT: MILITARY LEAVE PURPOSE: To outline the City's policy on providing employees the opportunity to serve in the Reserve Forces or the National Guard. POLICY: Employees who are active in the National Guard or branch of the Armed Forces Reserves for the purpose of filling their annual field training and obligations will be granted unpaid military leave of absence in accordance with applicable requirements of state and federal laws. AUTHORITY & RESPONSIBILITY: Employees must submit all military orders to Human Resources for initiation of proper paperwork. A copy of orders shall be placed in the employee's personnel file, and related paperwork will be forwarded to Accounting for proper time off considerations. PROCEDURES AND RELATED INFORMATION 1. Employees who enter the military service by draft or enlistment shall be granted an unpaid leave of absence for that purpose and at the conclusion of such leave of absence shall be reinstated in accordance with all applicable state and federal laws. Application for fulfilling annual field training, draft or enlistment must be made as soon as possible after the employee's receipt of orders. During military leave of absence, an employee's benefit coverage will be the same as for any other employee on an unpaid leave of absence. Medical coverage may be continued based on the provisions of the Uniformed Services Employment Rights Act of 1994 (USERRA). Employees may apply any earned, accrued vacation time before the beginning of their unpaid military service leave ifthey wish; however, they are not obliged to do so. Questions about this policy should be directed to the Human Resources Director who shall have the responsibility for interpretation to assure similar treatment of employees on a citywide basis. 67 III. IV. V. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 4.8 SUBJECT: LEAVES OF ABSENCE PURPOSE: To outline the process by which employees may request leave. POLICY: The City shall authorize leaves of absence at the discretion of the department head subject to workload and other reasonable considerations during the period of requested leave. AUTHORITY & RESPONSIBILITY: The department head shall make necessary judgment in authorizing any unpaid leave of absence. Such decisions shall be communicated to Human Resources for completion of proper forms. PROCEDURES AND RELATED INFORMATION I. SCOPE AND ELIGIBILITY This policy applies only to those requested leaves, which are for a purpose other than, or ineligible under, FMLA. Military leave is not considered a leave of absence. In addition, this policy will apply in cases where all twelve (12) weeks of FMLA have been exhausted and an employee requests additional time off for a purpose ordinarily qualifying under the FMLA. Only regular full-time employees are eligible for a leave of absence under this policy. II. An employee requesting a leave of absence must take the request in writing to his/her department head, who may approve the request for a period not to exceed thirty (30) days. Such decisions shall be communicated to Human Resources for completion of proper paperwork. Prior to approval of a leave of absence request, employees must exhaust all accrued vacation leave; if the request is for an allowed use of sick leave, then all sick leave accrual must also be exhausted. A request for a leave of absence for a period exceeding thirty (30) days may only be granted by the Mayor, who will establish the terms upon review of the written request. Due to fluctuating business needs, the City cannot guarantee reemployment upon return from a leave of absence. If an employee's position or a comparable position is not available, the employee's name shall be placed on a hiring list for six (6) months and will be considered for future vacancies for which the individual is qualified. After six (6) months he/she will be required to reapply like any other applicant. The City will afford reasonable accommodation to qualified employees with a known disability or for an employee's religious beliefs. The City will also provide leave under particular circumstances as mandated by federal or state law. While an employee is on a leave of absence, City benefits and paid leave accruals will stop. Employees may choose to pay the applicable premium to the City in order to maintain insurance benefits during the leave of absence; the employee shall contact the 68 Human Resources office to make necessary arrangements for payment of insurance premiums. 69 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 5.1 SUBJECT: GROUP HEALTH AND RELATED BENEFITS PURPOSE: To outline available benefits for eligible City employees. POLICY: For all regular full-time employees the City of Meridian provides comprehensive health, vision, dental, life, short and long-term disability insurance to eligible employees, along with a voluntary life insurance plans, deferred compensation, limited disability programs, 401K and a cafeteria plan. Employee and/or Family coverage is available to eligible employees provided the employee pays their premium share. Some of these benefits are fully paid by the City and others require the employee to share the cost of the premiums. Represented Fire employees should refer to the current labor agreement for details regarding benefits. AUTHORITY & RESPONSIBILITY: Human Resources shall ensure that all employees are enrolled in appropriate benefits programs determinant upon the eligibility of the employee. PROCEDURES AND RELATED INFORMATION 1. Each employee will receive a full packet of information explaining all benefits provided or offered through the City during orientation. Copies of the insurance summary plan documents are available through the Human Resources office. Benefits are subject to chanee and are not euaranteed. Should you have any questions at any time about insurance, contact Human Resources. II. INSURANCE COVERAGE Group health insurance coverage, life insurance, short-term disability, long-term disability for eligible employees begins on the first day of the month following the first date of employment. Dental insurance for eligible employees begins the first day of the month following the employee's first thirty (30) days of employment. 70 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 5.2 SUBJECT: FEDERAL CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA) PURPOSE: To outline the opportunity for employees to continue health-related benefits at their own expense after employment, reduction of hours or while on an unpaid leave of absence of more than 30 days. POLICY: As per COBRA, employees and their qualified beneficiaries are provided the opportunity to continue health insurance coverage under the City's health plan at their own cost following a qualifying event that would normally result in the loss of eligibility (e.g., termination, resignation, etc.). AUTHORITY & RESPONSIBILITY: Human Resources shall oversee the administration of this policy. Following a qualifying event, Human Resources shall send appropriate forms and documentation to employees for their consideration. Employees are responsible to submit all necessary paperwork to begin COBRA coverage. Employees are also responsible to remit monthly premium payments to the City for extended coverage under the City's health plan. PROCEDURES AND RELATED INFORMATION I. QUALIFYING EVENTS The Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the City's health plan when a "qualifying events" would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment (for reasons other than gross misconduct), or death of an employee; a reduction in an employee's hours or a leave of absence; an employee's divorce or legal separation; and a dependent child no longer meeting eligibility requirements. II. WRITTEN NOTIFICA nON The City provides each eligible employee with a written notice describing rights granted under COBRA when employees become eligible for coverage under the City's health insurance plan. The notice contains important information about employee's rights and obligations. Employees will have 60 days from the date of coverage loss or 60 days from the date that they receive such information, whichever is later, to elect continued coverage. III. FINANCIAL RESPONSIBILITY Under COBRA, the employee or beneficiary pays the full cost of coverage at the City group rates plus a 2% administration fee. Coverage will end if any of the following events should occur: the City no longer provides group health coverage to any of its employees; the premium for continued coverage is not paid; the employee becomes 71 IV. covered as an employee or otherwise under another group health plan; or the employee becomes eligible for Medicare. Any questions concerning COBRA rights should be directed to the Human Resources office. 72 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 5.3 SUBJECT: PERSI RETIREMENT PROGRAM PURPOSE: To outline the City's retirement plan under the Idaho State Public Employers Retirement System (PERSI) and eligibility for participation in the program. POLICY: Consistent with State law, regular full-time and part-time employee (working twenty (20) hours or more in a work week) and seasonal employee (working eight (8) months or longer) at a minimum of twenty (20) hours per week is covered under the Public Employee's Retirement System ofIdaho (PERSI). AUTHORITY & RESPONSIBILITY: PROCEDURES AND RELATED INFORMATION I. EMPLOYEE ELIGIBILITY Regular full-time employees, part-time employees working twenty (20) hours or more in a work week, and seasonal employee working eight (8) months or longer at a minimum of twenty (20) hours per week are covered under the Public Employee's Retirement System of Idaho (PERSI). II. Subscriber costs are paid by both the City and the employee. III. Questions regarding PERSI coverage and other benefits should be directed to the Human Resources office. 73 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 5,4 SUBJECT: EDUCATION REIMBURSEMENT PURPOSE: To establish guidelines regarding educational reimbursement provided by the City. POLICY: The City will assist regular full-time employees by contributing to the cost of approved courses taken at accredited institutions as outlined within this policy. AUTHORITY & RESPONSIBILITY: Application for tuition reimbursement must be submitted to the department head for approval, and thereafter forwarded to Human Resources for processing. PROCEDURES AND RELATED INFORMATION I. The City encourages employees to expand their knowledge and skills through participation in outside educational programs during non-working hours. II. The City will assist regular full-time employees by contributing to the cost of courses taken at accredited institutions. The City will reimburse $500.00 per semester up to $1,000.00 per accounting fiscal year for registration, tuition, fees and books. Travel and similar miscellaneous expenses are not reimbursable. III. All courses must be directly related to an employee's job, be considered of value to the employee's future development with the City, or be part of a degree program which relates to the employee's present position or future development within the City. Courses must be approved in advance of participation bv the department head. IV. To qualify for education reimbursement, an employee must be employed with the City for six (6) months. To receive reimbursement, an employee must be on the payroll at the time the course has begun and completed. The course must be completed with a passing grade of C or better or a P on pass/fail basis. Reimbursement will be made after the successful completion of the course(s). V. Contact the Human Resources Department for the education reimbursement form. 74 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.1 SUBJECT: LIFE-THREATENING ILLNESS PURPOSE: To set forth the City's policy for working with employees who have life- threatening diseases. The City recognizes that employees with a life-threatening illness may wish to continue their employment. The City also recognizes that it must satisfy its legal obligation to provide a safe work environment for all employees, customers, and other visitors to its premises. POLICY: As long as an employee with a life-threatening illness is able to perform the essential functions of his/her job in accordance with City policy, and the medical evidence indicates that the illness cannot be transmitted by casual workplace contact and, thus, that the employee does not present a direct threat to the safety and well-being of others, the employee will be permitted to continue to work. AUTHORITY & RESPONSIBILITY: The interpretation and administration of this policy shall be the responsibility of the Human Resources Director. PROCEDURES AND RELATED INFORMATION 1. The City recognizes that employees with life-threatening illnesses (including, but not limited to cancer, HIV/AIDS, and heart diseases) may wish and be able to work on a modified or flexible schedule. The City will seek to accommodate such employee by allowing him/her to work for as long as he/she is able to perform essential job functions, with or without reasonable accommodations, provided that medical evidence establishes that continuing to work does not present a direct health threat to the affected employee or others. II. Whenever possible, the City will accommodate the needs of employees with life- threatening diseases and disabilities; the City also recognizes its obligation to provide a safe work environment for all employees. Therefore, supervisors, manager and Department Heads should seek appropriate direction, when necessary, to ensure that an employee's condition does not pose a substantial or unreasonable risk of harm to himself/herself or others. III. The City does not discriminate against any qualified applicant or employee with a disability with regard to job application, hiring, advancement, need for special equipment, discharge, compensation, training, or other terms, conditions and privileges of employment. IV. When the City receives notice from an employee or applicant of any life-threatening disease or disability that prevents otherwise qualified applicant or employee from performing a job, the City will assess (upon request) whether any reasonable 75 V. VI. VII. accommodation would allow the person to perform the essential job functions. An accommodation which creates an undue hardship on the City or which endangers health or safety is not a reasonable accommodation. Individuals diagnosed with a life-threatening illness are encouraged to contact Human Resources to discuss any special needs or conditions associated with the illness and whether reasonable accommodation may be required or available. The City shall take reasonable precautions to ensure that information about any employee's condition remain confidential. RESOURCES The City offers the following resources to assist employees and their supervisors in dealing with these issues: A. Management and employee education and information on life-threatening illnesses; B. Confidential referrals, on request, to supportive services available to employees and their dependents affected by life-threatening illnesses; C. Benefit information to assist employees in maximizing their available health and other benefits. 76 I. II. III. IV. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2 SUBJECT: USE OF CITY OWNED EQUIPMENT PURPOSE: To provide guidelines regarding the use by employees of City-owned equipment. POLICY: All City-owned equipment, resources, assets, etc. shall be used solely for the purpose of meeting the City's operational and business goals and objectives. All City-owned equipment shall be used only for business purposes. No unauthorized personal use of City equipment shall be allowed. AUTHORITY & RESPONSIBILITY: Supervisors and department heads are responsible to ensure that all City-owned equipment and resources within their areas of responsibility are used solely for business purposes. PROCEDURES AND RELATED INFORMATION City-owned equipment and resources include all assets, property, materials, etc. that are purchased by the City for operational and functional use. Such items may include, but are not limited to, telephones, use of long distance services, cellular telephones, voice mail, copier machines, fax machines, computers and all related equipment and software (including e-mail, Internet, etc.), office supplies, tools, vehicles, etc. Any and all personal use of City-owned equipment, tools, resources and materials is not allowed. All City equipment is to be used exclusively for City business purposes. Employees are expected to care for equipment according to safety and preventive maintenance standards, and to operate equipment in accordance with federal, state and local requirements. The safety of employees and the maintenance of City equipment is paramount to City leaders. Private use of City equipment is strictly prohibited. Any abuse or misuse or unauthorized use of City equipment, resources and/or materials may result in disciplinary action up to and including termination of employment. 77 II. III. IV. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.1 SUBJECT: USE OF CITY VEHICLES PURPOSE: To identify the guidelines and policy for the use of City vehicles by authorized employees as identified within this policy. POLICY: As needed to perform the required functions of the job, an employee may be issued a City vehicle or be allowed to use a City vehicle. All vehicle operations shall follow the guidelines as outlined within this policy. AUTHORITY & RESPONSIBILITY: Supervisors and department heads shall ensure that all drivers are properly licensed, insured, and that they operate City vehicles in a safe and professional manner. PROCEDURES AND RELATED INFORMATION 1. Employees must provide proof of eligibility to legally drive in the State of Idaho. Employees who are responsible for driving City vehicles must show a current driver's license valid in the State ofIdaho, and must maintain a driving record that is insurable by the City's insurance carrier. As per State law, anyone operating or riding in City vehicles must wear seat belts at all times. City vehicles are to be used solely for City business purposes, and are to be operated only by employees with a valid driver's or operator's license. Employees' personal use of City vehicles, or having family members or any other unauthorized persons riding in City vehicles, is prohibited unless authorized by the Mayor. Designation ofpersons authorized to use City vehicles is at the discretion of the department heads, who will identify and maintain a written list ofthose individuals. Any abuse or misuse of City vehicles is subject to disciplinary action, up to and including termination. 78 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.2 USE OF CITY OWNED TELEPHONES, FAX AND COpy MACHINES, AND COMPUTERS To outline specific guidelines regarding the use of City-owned equipment such as telephones, machines, computers, etc. As per SOP 6.2, all City-owned equipment shall be used solely for the purpose of meeting the City's operational and business purposes. No unauthorized personal use of City equipment shall be allowed. AUTHORITY & RESPONSIBILITY: Supervisors and department heads are responsible to ensure that all City-owned .equipment and resources within their areas of responsibility are used solely for business purposes. PROCEDURES AND RELATED INFORMATION 1. TELEPHONES A. B. C. D. City telephones are to be used for business purposes. Outgoing local personal telephone calls of short duration may be made during breaks or lunch periods, in private offices if available. Incoming personal phone calls should be taken as brief messages only. Personal long distance calls may not be made unless the charges are reversed or charged to an employee's personal credit card or home telephone. The City may issue cellular telephones to employees if necessary for the efficient conduct of company business. Use of the cellular telephones is restricted to City business. GENERAL OFFICE EQUIPMENT AND MACHINES Fax, copy and other machines are to be used solely for business purposes. Personal use of this equipment is prohibited. II. III. COMPUTERS A. B. Computers are to be used solely for business purposes. All computer equipment, including but not limited to records, software, equipment, and communications are City property. The City shall have the right to monitor the use of such property at any time. Users shall not have any expectation of privacy as to the use of City computers 79 IV. including but not limited to e-mail communications and internet information that is drafted, accessed, received, sent, forwarded, copied or downloaded. C. The City, at all times, reserves the right to conduct searches and inspections and otherwise monitor all computer-related information, data, communications, all files stored in City networks owned or leased by the City, or on any other storage medium provided by the City for City business including but not limited to floppy disks, tapes, and compact disks in order to monitor compliance with this policy. D. Employees are not to place personal copies of software or data on any City computer without prior authorization. VOICE MAIL A. The City's voice mail systems are designed to increase productivity and efficiency, and should be used accordingly. When using voice mail, employees are required to be courteous and respectful. Sensitive or personal information shall not be left in voice mail. B. Employees have been assigned a personal password. Passwords should be kept confidential, expect department heads to have a list of all employee passwords within the department. Passwords may be changed to maintain security. C. Management may randomly monitor messages to determine whether any unauthorized persons are using the system, or whether any violations of City policy have occurred. 80 III. IV: v. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.3 SUBJECT: ELECTRONIC MAIL PURPOSE: To provide guidelines regarding the authorized use of electronic mail (e-mail) on City computer systems. POLICY: Employees are provided access to electronic mail (E-mail) for the sale purpose of facilitating City operations and functions. Employees are to use E-mail strictly for business purposes as outlined within the policy. AUTHORITY & RESPONSIBILITY: Supervisors and department heads shall be responsible to ensure that employee use of e-mail is limited to business purposes only. The Network Administrator may also have authorization as directed by the Mayor or Human Resources Director to randomly open and review e-mail to ensure compliance with this policy. PROCEDURES AND RELATED INFORMATION 1. Electronic mail is any electronic communication between two or more individuals and may contain any form or combination of text, audio, video, drawings, or photographic representation. II. Electronic mail is a tool for work-related communications. Users have the responsibility to use this electronic mail in an efficient, effective, ethical and lawful manner. Electronic mail communications shall comply with all applicable federal, state and local laws and regulations, as well as the City's policies and procedures adopted regarding electronic mail. Obviously, electronic mail should be used only for work-related communications, and any electronic message should be courteous and respectful to the recipient(s). All electronic mail accounts maintained on City systems are the sole property of the City. The City shall have the right to monitor any employee's electronic mail account. All employees are required to report unauthorized or inappropriate use of any electronic mail account. Similarly, any unauthorized or inappropriate use(s) discovered during monitoring activities shall be reported to the appropriate supervisor for determination of appropriate action. Users shall not expect their electronic mail communications, documents, or other information to be private and shall not use the electronic mail system for matters that are not intended for public disclosure. Confidential matters, permitted by law, shall be so marked and shall include a warning regarding accidental transmission to a third-party. Electronic mail messages shall be considered City property, constitute official records of the City, and are subject to existing document retention and public records policies. Sending data via electronic mail shall be considered the same as sending correspondence or official memo or letterhead. 81 VI. VII. VIII. IX. X. XI. Employees shall not pursue, obtain, exchange, or distribute any non-authorized information that could cause congestion or disruption to electronic mail systems such as screen savers, audio or video clips, or in violation of any licensing agreement. Employees using the City's web account via Microsoft Outlook may use it only to perform work for the City, and in connection with the employee's job. Personal business should not be conducted using electronic mail, or other City resources. Designated employees have been assigned a personal password. No employee shall give out this password to anyone other than his/her department head. Passwords may be changed to maintain security. Employees shall not access another employee's electronic mail without authorization from both employees' manager/supervisors. PROHIBITED USE OF ELECTRONIC MAIL Use of electronic mail system as described below is strictly prohibited. This list is not all- inclusive, and employees are expected to use common sense in determining appropriate use of electronic mail. A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. Knowingly or intentionally creating, publishing transmitting, and/or exchanging messages that are inappropriate, offensive, harassing, obscene, or threatening; Creating or distributing electronic mail containing defamatory, false, inaccurate, abusive, threatening, racially offensive or otherwise biased, discriminatory or illegal material; Viewing or distributing obscene, pornographic, profane or sexually oriented material; Violating laws, rules and regulations prohibiting sexual harassment; Encouraging the use of controlled substances for criminal or illegal purposes; Engaging in any activities for personal gain; Distributing copyrighted information without permission; Distributing advertisements for commercial enterprises, including but not limited to goods, services or property, unless such advertisements are part of requested vendor information to be used in carrying out City business. Violating or infringing upon the rights of others; Conducting business unauthorized by the City; Transmitting incendiary statements, which might incite violence or describe or promote the use of weapons; Conducting any non-City supported fundraising or public relations activities; Exchanging proprietary information, trade secrets, or any other privileged, confidential or sensitive information that is not authorized; Creating or exchanging solicitations, chain letters, and other unsolicited electronic mail. Registering to list servers unrelated to City business, without proper authorization 82 XII. P. Lobbying elected officials or engaging in any other political activity prohibited by law, or using the electronic mail system for any illegal purpose. Employee/users who receive information of the type described shall not forward or respond to the material, and shall immediately report receipt of such material to the employee's supervisor for proper disposition. Violations of this policy, including failure to report inappropriate uses, may result in disciplinary action up to and including termination. 83 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.4 USE OF INTERNET To provide guidelines for the use of Internet and all web-based computer applications. As with all City property, employees may use the Internet to increase productivity and for business purposes. Employees are prohibited from accessing or using the Internet for personal business or entertainment. AUTHORITY & RESPONSIBILITY: Supervisors and department heads shall be responsible to ensure that employee use of the Internet is limited to business purposes only. The Network Administrator may also have authorization as directed by the Mayor or Human Resources Director to randomly review records of Internet usage to ensure compliance with this policy. PROCEDURES AND RELATED INFORMATION I. II. III. IV. V. VI. Access to the Internet shall be strictly for legitimate business purposes, as determined by the City. Employees may use the Internet to increase productivity. Employees are prohibited from accessing and/or using the Internet for personal business or entertainment via the City's network. Employees are expected to comply with all City policies that may be applicable to the Internet. These include, but are not limited to, confidentiality, harassment, solicitation, outside employment and business ethics. Employees may not download, store, transmit, or display any kind of image or document on any City system that violates federal, state or local laws or regulations, or that violates any City adopted policies, procedures, standards or guidelines. If an employee accidentally connects to a site that contains sexually explicit or otherwise offensive material, he/she shall disconnect from the site immediately and report the incident to his/her supervisor. Internet access is considered City property and the City has the right to monitor the use of such property at any time. Therefore, users shall not have any expectations of privacy as to their Internet usage through City computers or networks. This list is not all-inclusive; use of the Internet as described below is strictly prohibited. A. B. C. Viewing or distributing obscene, pornographic, profane or sexually oriented material; Violating laws, rules and regulations prohibiting sexual harassment; Encouraging the use of controlled substances for criminal or illegal purposes; 84 VII. VIII. D. E. F. Engaging in any activities for personal gain; Obtaining or distributing copyrighted information without permission; Obtaining or distributing advertisements for commercial enterprises, including but not limited to goods, services or property, unless such advertisements are part of requested vendor information to be used in carrying out City business. Violating or infringing upon the rights of others; Conducting business unauthorized by the City; Obtaining or distributing incendiary statements, which might incite violence or describe or promote the use of weapons; Obtaining or exchanging proprietary information, trade secrets, or any other privileged, confidential or sensitive information that is not authorized; Engaging in any political activity prohibited by law; Using the system for illegal purpose. G. H. I. J. K. L. Employees shall not knowingly or willfully create or propagate any virus, worm, Trojan horse or other destructive program code. All items downloaded from the Internet to the City's system or web site are to be scanned for viruses. Violations of this policy may result in disciplinary action up to and including termination. 85 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.2.5 SUBJECT: CREDIT CARDS PURPOSE: To outline the appropriate use of City-issued credit cards. POLICY: As with all City-owned property and resources, credit cards issued by the City to individuals or departments are to be used specifically for authorized business purposes. Personal use of City credit cards is strictly prohibited. AUTHORITY & RESPONSIBILITY: Department heads are responsible to ensure that employee use of credit cards is for authorized business purposes only. The Finance Director shall be responsible to ensure that all purchases with City credit cards are for legitimate business purposes and within budgetary guidelines. PROCEDURES AND RELATED INFORMATION I. The City may provide credit cards for specific business purposes. Purchases of products or services for personal use are not allowed. II. Under no circumstances will a City credit card be used for personal expenses and/or purchases. Unauthorized personal use of City credit cards may be treated as personal theft and/or embezzlement, which may result in collection efforts (to recuperate related costs) as well as appropriate disciplinary action. III. Violation of this policy may result in loss of credit card privileges and/or disciplinary action, up to and including termination. IV. No employee is authorized to open a charge account, only the Finance Director can authorize charge accounts. 86 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.3 TRAINING AND DEVELOPMENT To outline the City's support for employees in their job-related development and training efforts. The City is committed to providing employees with the training and development resources they need to effectively perform job duties and to continually improve their performance. Employees attending required training programs (either at City facilities or in other locations) shall be compensated for time spent in such training as outlined within the following procedures. AUTHORITY & RESPONSIBILITY: Department heads shall be responsible for authorizing job-related training for employees as per budgetary guidelines and as appropriate. The Human Resources Director shall oversee the provision of internal training sponsored by the City. PROCEDURES AND RELATED INFORMATION I. DISCRETIONARY (NON-REQUIRED) TRAINING A. B. c. D. II. Employees are encouraged to seek training and development opportunities that contribute to their personal growth and improvement. As such, the City will support an employees attendance to non-required, non-job related training programs by allowing unpaid time off to attend such training if approved by the immediate supervisor and department head. The City will not typically pay for discretionary training. Employees must pay for all related training costs. Employees will not receive compensation for time spent in discretionary activities or conferences conducted outside normal work hours. A department head may make exceptions to this rule provided that the training provides some assistance in the overall training, development, and improvement of the employee and his/her ability to perform his/her job. JOB RELATED TRAINING A. The City also supports job-related training and development programs that are designed to improve the employee's performance in his/her current duties or in developing new job-related skills and abilities. Employees may approach their 87 III. supervisors regarding training opportunities, or supervisors may require employee attendance at additional training and development courses and activities. B. Where employees request job-related training, it shall be the decision of the department head to approve such training. Approval for training is at the sole discretion of the department head and in conformance with City budgetary guidelines. C. Employees attending training programs sponsored or required by the City during regularly scheduled work hours will be compensated at their regular rate of pay. If training is held outside the City limits, employees are eligible for reimbursement for expenses consistent with the City's travel reimbursement policy. REQUIRED TRAINING A. The City shall pay for all training that is required to maintain qualifications for performing assigned job duties. Department heads shall be responsible for ensuring that all necessary funds are available for required training. Scheduling of required training is at the discretion of the department head so as to best meet operational and staffing needs. B. City-sponsored or required training shall generally be arranged during regularly scheduled work hours. A department head may change the standard work hours to accommodate required attendance at such training activities. Such required training shall be recorded as time worked within the meaning of this policy. Non- exempt employees, required to attend training outside regularly scheduled work hours, may be eligible for overtime pay unless such training is for the purpose of obtaining or maintaining a required federal or state license or certification. 88 IV. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.4 SUBJECT: ABSENTEEISM & TARDINESS PURPOSE: To define attendance standards for City personnel. POLICY: City employees shall be attentive to the need for regular attendance habits and will observe procedures for reporting absences as outlined in the procedures below. AUTHORITY & RESPONSIBILITY: Immediate supervisors are responsible for monitoring the attendance and related records of their employees. PROCEDURES AND RELATED INFORMATION I. The City of Meridian expects all employees to assume diligent responsibility for their attendance and to report to work on time. Recognizing, however, that illnesses and injuries may occur, the City has established paid leave policies and benefit plans to compensate regular full-time employees for certain time lost for legitimate medical reasons, including time off to secure necessary treatment for a disability. (Please consult the appropriate policies for information regarding these benefits.) II. Absenteeism or tardiness that is unexcused or excessive in the judgment of the department head is grounds for disciplinary action, up to and including termination. III. Excessive absenteeism causes problems in providing an adequate, qualified workforce to meet the City's obligations. The City intends to make reasonable efforts to find alternative solutions to this problem including possible eligibility for a leave of absence, but it may become necessary to reassign, demote, or terminate and replace an employee so that dependable regular full-time and part-time help is available. Such action will generally only be taken after alternatives have been explored. The City will afford reasonable accommodation (unless it becomes an undue hardship) to a qualified employee with a disability, or for an employee's religious beliefs. This policy is not applicable to employees on state or federal military, or family medical leave. Employees who fail to report to work for three (3) consecutive workdays without notifying the City will be deemed to have voluntarily quit. 89 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.5 SUBJECT: BULLETIN BOARDS PURPOSE: To provide a means by which announcements or activities may be posted. POLICY: The City shall provide bulletin boards in each facility for the purpose of posting State and Federal laws, City-related announcements and information. AUTHORITY & RESPONSIBILITY: Supervisors and department heads shall ensure that bulletin boards are securely hung in their facility, easily accessible to all employees, and that only approved materials and information are hung. PROCEDURES AND RELATED INFORMATION 1. Information of special interest to all employees may be posted on the City's bulletin boards. Employees may not post any information on these bulletin boards without authorization of the department head. 90 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.6 SUBJECT: DRIVERS LICENSE REQillREMENTS PURPOSE: To identify positions that typically require a valid drivers license as a normal part of job qualifications. POLICY: Employees whose positions involves the driving of City or personal vehicles as a normal part of the job shall require a drivers license valid in the State of Idaho. Drivers will also need to have and maintain a driving record insurable by the City. AUTHORITY & RESPONSIBILITY: Supervisors who oversee employees with driving responsibilities are to ensure that they have current, valid drivers licenses and that they maintain a driving record insurable by the City. Employees are responsible for reporting loss of license, loss of driving privileges, or traffic violations that may affect insurability. PROCEDURES AND RELATED INFORMATION I. For certain City positions, an employee may be required to hold a valid driver's license or valid Commercial Driver's License (CDL) with a Class A or B endorsement. II. If an employee's license is revoked, suspended or lost, or in any other way not current, valid, or in the employee's possession, the employee shall promptly notify his/her supervisor and/or department head and will be immediately suspended from driving duties. The employee may not resume driving until proof of a valid, current license and the reason for change in licensure status is provided to his/her supervisor or department head. Depending on the duration of license suspension, revocation or other inability to drive, an employee may be subject to disciplinary action, up to and including termination. 91 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.7 SUBJECT: EMERGENCY CLOSURE PURPOSE: To establish the City's procedure to determine practices when facilities are closed due to emergency conditions or unusual weather. The Mayor and City Council may, under extraordinary circumstances, declare an emergency closure of non-essential City services due to emergency conditions and/or unusual weather conditions that pose a risk to the safety of City facilities or employees. POLICY: AUTHORITY & RESPONSIBILITY: The Mayor shall have primary responsibility for determining the closure of City facilities due to unusual weather or emergency conditions. Where the Mayor is not available, the City Council shall have the responsibility to determine appropriate closures. PROCEDURES AND RELATED INFORMATION I. II. III. IV. In the case of emergency closures following the start of the workday, certain non- essential personnel may be sent home as directed by the Mayor. When possible, affected employees will be given the opportunity to perform other tasks not usually associated with their normal duties at no loss in pay. If other assignments are not available, employees will be sent home with pay. If the decision is made to curtail City services prior to the start of normal business operations, every effort will be made to notify affected employees before the start of their regularly scheduled reporting time. Supervisors who become aware of the intent to close facilities shall be responsible for contacting employees under their supervision. During times of inclement weather or natural disaster, it is essential that the City continue to provide vital public services (e.g., fire, police, water, etc.). Unless otherwise notified, employees are expected to make every reasonable effort to report to work without endangering their personal safety. Employees unable to report to work due to the weather, or employees who leave early because of unusual weather conditions, may charge time missed to vacation leave provided the employee has accrued vacation leave time. As in any other case of later arrival or absence, the employee must notify his/her supervisor as soon as possible. 92 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.8 NEPOTISM To identify the conditions under which family members of current City employees, elected officials, or appointed officials may be employed. The City shall not unlawfully discriminate in its employment practices due to an individual's protected class status. However, the City will not employ immediate family of current City employees or appointed officials where such employment would create a conflict of interest or the potential for unethical behavior as defined within this policy. AUTHORITY & RESPONSIBILITY: Human Resources shall enforce this policy once it becomes known that related individuals are employed in situations that create or have potential for creating a conflict of interest. Supervisors and department heads are responsible for enforcing this policy within their departments. Employees are responsible for disclosing any relationship as identified within this policy. PROCEDURES AND RELATED INFORMATION I. The immediate family of current City employees and elected or appointed officials will not be employed by the City where: A. B. C. D. One of the parties would have the authority to supervise, appoint, remove, or discipline the other; One party would handle confidential material that creates improper or inappropriate access to the material by the other; One party would be responsible for evaluating the work of the other; Other circumstances exist that might lead to real or perceived potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the City. These criteria will also be considered when assigning, transferring, or promoting an employee related by blood, marriage or adoption to any other employee. For purposes of this policy, "immediate family" includes: II. A. B. Spouse, child, step-child, parent, step-parent, brother, sister, step-sibling, "in-law" relatives, grandparent or grandchild of the employee or; Any other member of the employee's immediate household including the employee's domestic partner. 93 III. EMPLOYEES WHO MARRY A. If employees marry, become related in an "immediate family" relationship as identified in Section II, or begin sharing living quarters with one another with the intention of forming a domestic relationship, and in the City's judgment, the potential problems noted above exist or could exist, only one of the employees will be allowed to remain in the same department or work unit. B. Where possible, one or both of the affected employees will be given the option to transfer to another position in the City for which he/she is qualified. Where transfer is not an option, one of the affected employees will have to resign or be terminated. The affected employees may be given the opportunity to decide between themselves which employee will transfer or resign. C. The decision must be made within thirty (30) calendar days of the date they marry, become related, or begin sharing living quarters with each other. If no decision is made during this time, the Human Resources Director and the Mayor will make the decision based on the best interests of the City. 94 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.9 SAFETY To provide guidelines regarding the safety and well-being of employees, as well as to outline the procedure should any unsafe practice be reported or accident/injury take place. The City is committed to a work environment that is safe and as free as practical from health and safety hazards. The City and all departments and employees shall comply with all local, state and federal guidelines regarding employee safety. Each department shall develop safety procedures specific to its operations in order to ensure safe operating practices. All injuries, accidents, and violations of this policy must be reported immediately to department heads and the Human Resources Department as outlined within the following procedures. AUTHORITY & RESPONSIBILITY; All employees are responsible for working in a safe manner so as to prevent injury and accident in the workplace. Supervisors and department heads are responsible for maintaining a safe work environment, and providing guidance and training to employees in order to maintain such an environment. Human Resources shall be responsible for providing general employee training regarding safety, as well as to administer the forms and procedure for work-related injuries and accidents (including Workers' Compensation). PROCEDURES AND RELATED INFORMATION 1. COMMITMENT TO A SAFE WORK ENVIRONMENT A. B. c. D. It is the policy of the City to comply with federal and state laws, rules and regulations, and to provide a work environment as free as practicable from health and safety hazards. The City believes most accidents are preventable, and it is committed to finding new ways to prevent injuries and accidents. Each department shall develop safety procedures in order to minimize and avoid on-the-job injuries and accidents. Supervisors and department heads shall be responsible for leadership of safety programs, developing proper safe work procedures, and enforcing all safety rules, including the maintenance of a safe working environment. Employees are responsible for adhering to all safety procedures, using safety equipment in the proper manner, and continuously employing safe work practices. It is the employee's responsibility to inform their supervisor immediately of any hazardous situation. 95 II. E. Any questions concerning safety procedures should be directed to the department head. Unsafe working conditions should be reported to the City Clerk's office. ON-THE-JOB INJURIES/WORKERS! COMPENSATION A. All employees are covered by the State Workers' Compensation program. This insurance covers employees in case of on-the-job injuries or job-related illnesses. In the event of an on-the job injury, certain forms and procedures are required. B. REPORTING ON-THE-JOB INJURIES 1. Regardless of the severity of an injury, employees are required to report all job-related accidents to their supervisor within their work shift but in no circumstance later then the next business day. 2. During working hours, all employees sustaining an injury should be directed to St. Luke's Occupational Health Services for treatment, except in the case of an emergency. The supervisor or department head is required to submit the supervisor's accident report log to the Human Resources office within five (5) working days or as soon as practicable to allow filing of worker's compensation claims in the proper manner. All on-the-job injury reports shall be maintained in a separate medical file in the Human Resources office. 3. If an employee is disabled temporarily by an on-the-job accident, he/she shall be eligible for worker's compensation after a five (5) day waiting period, if the injury is less than fifteen (15) days, unless an employee is hospitalized overnight then benefits start immediately. The first five (5) work days will be paid by the City, thereafter any additional work time off will be coordinated and paid in compliance with the City's workers compensation program and in accordance with the Family Medical Leave Act. Return to employment will be authorized on a case-by-case basis upon consultation with the physician, department head and the State Insurance Fund. 4. Time lost for more than three (3) working days shall be charged against the twelve (12) weeks ofleave provided for in the Family and Medical Leave Act. whether or not employee requests FMLA or not. 5. Workers' Compensation provisions for bargaining unit employees in the Fire Department shall be governed by the provisions of the bargaining agreement. C. If you have any questions concerning completion of forms, workers compensation benefits or processes, contact the Human Resources Department. 96 III. III. IV. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.10 SUBJECT: POLITICAL ACTIVITIES PURPOSE: To establish guidelines by which employees can be involved in community or political activities. POLICY: The City encourages employees to be active in their community and politics while off-duty. However, employees are to remain neutral and refrain from expressed preference regarding any election while on duty and/or when in a City uniform. This policy does not apply to elected officials. AUTHORITY & RESPONSIBILITY: Employees involved in political activities shall ensure that such activity in no way violates this policy or hinders work performance. PROCEDURES AND RELATED INFORMATION I. It is in the best interest of the City, in the administration of its duties and responsibilities, that City employees maintain at all times a neutrality regarding any election, whether it is federal, state, municipal or any government subdivision of the State ofIdaho during their working hours and at all other times the City employee is on active duty, is wearing a City uniform, and/or is otherwise representing the City and its interests. PROHIBITION OF ELECTIONEERING No City employee shall engage in any electioneering, regarding any election whether federal, state, municipal or any goverhment subdivision of the State ofIdaho. This policy applies to any City employee during working hours or at any other time the City employee is on active duty, is responding to a call, and/or is wearing a City uniform (but not including on-call time where the employee is off City premises). This includes, but is not limited to, telephone calls, personal conversations, faxes, E-mail, and/or any other communications; the circulation of cards or handbills of any kind; the soliciting of signatures to any kind of petition for candidacy or election question; and/or the use of City vehicles for the placement thereon of any related bumper stickers, placards or signs. This policy shall not be interpreted to include activity of providing information regarding City elections to the public pertaining to bond issues or other elections which are revenue elections submitted by the City to the voters, nor does this policy appertain to prescribed duties of City employees in the conduct of any City election. Violation ofthis policy may result in disciplinary action, up to and including termination. 97 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.11 SUBJECT: GIFTS & GRATUITIES PURPOSE: To provide guidance to City employees and representatives regarding the acceptance of gifts, money or gratuities form outside organizations or individuals. POLICY: City employees are prohibited from accepting gifts, money and/or gratuities ftom organizations, vendors, contractors or their agents in value over $50. AUTHORITY & RESPONSIBILITY: Each employee is responsible for tracking gifts and gratuities ftom outside vendors, organizations, contractors or others that are received in the capacity of a City employee. Supervisors and department heads are responsible for enforcing this policy at the department level. PROCEDURES AND RELATED INFORMATION 1. City employees are prohibited from soliciting or accepting gifts, money and/or gratuities from organizations, vendors, contractors or their agents in value over $50. Employees in the Police and Fire departments should refer to the department's standard of operation procedures. II. This section does not apply to campaign contributions. 98 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.12 SUBJECT: SOLICITATION PURPOSE: To establish a uniform procedure to limit non-work related solicitations in the workplace. POLICY: No organization or non-employee individual may solicit any City premise or employee for contributions, membership, participation, etc. that is not generally open to the public. Employees are prohibited from soliciting during work hours, but may make reasonable solicitations during breaks and mealtimes as outlined within the following procedures. AUTHORITY & RESPONSIBILITY: The Mayor shall be responsible for any exception to this rule or any authorization for solicitation by an outside organization or individual. Supervisors and department heads are responsible for ensuring that employee solicitations are conducted within specified guidelines, as well as for directing outside solicitors to the Mayor for approval prior to allowing them to solicit on City premises. PROCEDURES AND RELATED INFORMATION 1. II. III. Most forms of selling and soliciting are inappropriate in the workplace. They can be an intrusion on employees and citizens, and may present a risk to employee safety, or to the security of the City or employee property. Therefore, persons not employed by the City may not at any time solicit, survey, petition, or distribute literature on City premises that are generally not open to the public. This includes persons soliciting for charities, salespersons, questionnaire surveyors, labor union organizers, or any other solicitor or distributor. The Mayor may make exceptions to this rule in special circumstances where the City determines that an exception would serve the best interests of the organization or its employees. Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non-work time, such as before or after work or during meal or break periods. Employees, who are on non-work time, may not solicit other employees who are on work time. Employees may not solicit for any purpose during work time or in work areas. 99 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 6.13 SUBJECT: OUTSIDE EMPLOYMENT PURPOSE: To provide guidelines to employees regarding outside employment in addition to their duties and responsibilities for their employment at the City. City employees are not prohibited from additional employment outside of the City so long as it does not interfere with the performance of duties and responsibilities for the City position. POLICY: AUTHORITY & RESPONSIBILITY: Department heads are responsible for determining whether outside employment is in conflict or otherwise negatively impact the employee's performance of responsibilities for his/her City position. Employees are responsible for providing written notice to their supervisors regarding all outside employment. PROCEDURES AND RELATED INFORMATION 1. II. III. The City of Meridian does not prohibit an employee from working a second job as long as such employment does not interfere with the employee's regularly scheduled City job responsibilities or the employee's ability to meet City job expectations. The department head shall determine whether the outside job "interferes" with the employee's City job duties. Supervisors shall communicate with employees should outside employment appear to negatively impact the performance of their City position in order to find ways to improve performance. In cases where employees have been warned about poor performance, additional action may result as per the City's corrective action policy (SOP 8.2). Employees are required to notify their supervisor and department head in writing about outside employment. In cases where outside employment may directly conflict with City employment, or the supervisor is concerned about potential negative effects on City employment, written approval for such outside employment may be required. 100 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.1 DRUG AND ALCOHOL POLICY To outline the goals and objectives of the City's drug and alcohol testing program and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program. For the purpose of this policy volunteers are stated as employees. This policy applies to all regular full-time, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, Appendix B. In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a drug free work environment for our employees, and members of the general public. Furthermore, the City has an obligation to protect the City's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug-Free Workplace Policy is not intended to replace or supercede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace free from alcohol and illegal drugs. The City requires compliance with this policy as a condition of employment. for qualified applicants or for continued employment for all City employees and volunteers. AUTHORITY & RESPONSIBILITY: The Human Resources Director shall be charged with interpreting and administering this policy. Supervisors and department heads are responsible to ensure compliance to this policy within their areas of responsibility. 101 PROCEDURES AND RELATED INFORMATION I. PROHIBITED ACTIVITIES A. On-Duty B. Off-Duty 2. 3. II. 1. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. Department Heads will have authority to determine if the possession of alcohol, drugs or paraphernalia is within acceptable circumstances or guidelines. 2. 3. 4. 1. The off-duty conduct of any employee which results in a criminal conviction for the possession, use, sale, manufacture or distribution of illegal drugs will be subject to discipline up to and including termination. Employees who are acquitted will be returned to work with back pay, if applicable. Any employee convicted of violating a criminal drug statute on or away from the workplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five days of the conviction. Notification must be made to the employee's supervisor or the Human Resources Director. Failure to inform the City subjects the employee to disciplinary action up to and including termination. MEDICATION PRESCRIBED BY PHYSICIAN The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is A. 102 III. E. F. made, the City may limit or suspend the work activity of the employee during the period that the medical practitioner advises that the employee's ability to perfonn his or her job safely may be adversely affected by such medication. Any employee who has been informed by his/her physician that the prescription drug could cause adverse side effects while working must inform his/her supervisor prior to using the medication on the job. B. Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. DISCIPLINE A. Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. B. Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including termination. C. Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. D. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and including termination. Employees voluntarily participating in an alcohol/drug rehabilitation program recommended by the EAP will not be subject to discipline for participation in the program. If the employee is required to participate in an alcohol and/or drug program the Employee Assistance Program will notify Human Resources when an employee has completed the rehabilitation program. Prior to returning back to work an employee must have a negative test result and after an employee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program will be grounds for disciplinary action up to and including termination. Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including termination. Employees who are required to participate in the City's Employee Assistance Program (EAP) will be subject to termination for the following policy violations: 1. Failure to contact the EAP within five (5) working days after notification of a positive test result. Refusal or unexcused failure to participate in counseling or the EAP program. 2. 103 IV. 3. Abandonment of a treatment program prior to completion and being released. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL A. The City recognizes that alcohol and chemical dependency are highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available through the City's medical plan. The Human Resources Department has brochures and cards on the EAP program. B. Self- Referral 1. 2. Rehabilitation assistance in lieu of discharge may be offered: Any employee, who identifies him/herself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self refer to the Employee Assistance Program (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. An employee returning to work after treatment may return to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6) months. Employees who are referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during a non-paid leave of absence approved by the City. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. 3. 4. 5. 6. 104 C. V. EDUCATION A. B. VI. Involuntary Referral When an employee tests positive for alcohol or drug use (or is identified as being under the influence of alcohol or drugs at work) as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP program for' assessment, and treatment planning. Supervisors and other management personnel will be trained in: 1. 2. Overall City policy; Detecting the signs and behavior of employees who may be using alcohol or drugs in violation of this policy; Recognizing and intervening in situations that may involve violations of this policy; EAP intervention, procedures and supervisor's role; Documentation of employee performance and behavior. 3. 4. 5. Employees will be trained and informed of: I. 2. The health and safety dangers associated with alcohol and drug use; The provisions of this policy through employee meetings and employee orientation. TESTING PROCEDURES A. 2. 3. B. PRE-EMPLOYMENT TESTING I. All applicants given a conditional offer of employment will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol and drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and/or illegal drugs. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre-employment process. An applicant will be provided written notice of this policy, and by signature will be required to acknowledge receipt and understanding ofthe policy. REASONABLE BELIEF TESTING 1. An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug 105 D. abuse may be a specific, contemporaneous event, or conduct-evidencing impairment observed over a period of time. 2. An employee who is tested in a "reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. c. POST- ACCIDENT TESTING 1. Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four (4) hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents, that result in: a. A fatality, personal injury, or injury to another person requiring transport for medical treatment away from the site of the accident; b. Damage to equipment or property owned by the City, or by a third party, that is estimated to exceed $500. c. Damage to a City vehicle that is estimated to exceed $2000. 2. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in his/her system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. Ifit is determined by management that an employee's accident was caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post-accident testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to immediately inform their supervisor of the accident, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. 3. RANDOM TESTING 1. Department Heads and employees in sensitive positions will be subject to random alcohol and drug testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are performed as a regular part of the job could reasonably expect to affect health, safety and security of other City employees or the general public. 2. Sensitive positions are those that require an employee to: a. Carry firearms; b. Have custodial responsibility for illegal drugs; c. Perform emergency medical, lifesaving, and/or fire suppression activities. 106 VII. d. Have supervision over children in the absence of their parents or adult guardians; e. Have access to homes and/or businesses in the City; f. Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury. 3. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will notify the individual's supervisor and the individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City's discretion; employees may be transported or escorted to the testing site. The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. 4. 5. 6. E. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug free workplace program, employees not in designated sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures of the random testing policy. F. CDL TESTING In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post accident drug and alcohol testing shall be required for employees in positions that require a Commercial Drivers License. DRUG /ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES A. Specimen Collection Procedure 1. When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be 107 C. transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath-testing device (EBT). If an individual is unable to take a breath-test due to a medical condition then a blood test will be administered. B. Adulteration Or Submission Of Concealed Specimen I. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or his/her designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that finding and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. Testing and Confirmation I. The cut-off levels for all Non-Dot testing is as follows: Drug Class Amphetamine Family Cocaine Phencyclidine (PCP) Marijuana Opiates Screening: 1000 nglml 300 ng/ml 25 nglml 50 ng/ml 2000 ng/ml Confirmation 500 nglml 150 nglml 25 nglml 15 ng/ml 26 nglml 2. The cut-offfor alcohol concentration will be on two levels. Any employee who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting from the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confirmatory test can be used .that demonstrates a higher degree of reliability. 108 3. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method. Any employee who tests positive for illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This request must be conveyed to the MRO within 48 hours of the employee being notified of the positive test result. During the time the second test is being conducted, the pre-employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result, the City shall reimburse the cost of the retest and any lost of compensation and benefits that is incurred as a result of the initial positive test results. The City will have no liability to any employee for errors or inaccurate test results. 4. VIII. TEST RESULT NOTIFICATION B. A. All results received from the laboratory will be forwarded to the office of the accredited collection agency for the purpose of their providing medical review officer services. When a test shows a positive test result the employee or applicant will be contacted by the Medical Review Officer (MRO) and will be given the opportunity to provide an explanation for the positive result. The MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. After the employee has been provided an opportunity to consult with the Medical review officer and the MRO determines that the test is positive the City will be notified. The collection agency will only report results to the Human Resource Director or his/her designee. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification. If the MRO determines that the positive test result was due to authorized use of prescription medication, he/she will immediately report a negative finding to the Human Resource Director or his/her designee and no further action will be taken. However, if an employee cannot provide a reasonable explanation for his/her positive test result, and the Medical Review Officer (MRO) finds no reason to doubt the validity of the positive test, the Human Resources Director or his/her designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. Ix. 109 XI. XII. X. EFFECT OF TESTING POSITIVE A. Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. B. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. CONCLUSION The terms ofthis alcohol/drug free workplace policy are intended to achieve a work environment where employees are free from the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for the Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, Appendix B. XIII. DEFINITIONS A. B. C. D. Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. Applicant: Any individual tentatively selected for employment with the City. Citv premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. 110 1. J. K. E. Drug testing: means a urinalysis taken for the purpose of determining whether drugs are in the person's system or any other testing the City deems appropriate and reliable. F. Emplovee Assistance Program (EAP): A contract-based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. G. Illegal drug: means any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look- alike drugs or use of a legal drug not prescribed to the employee. H. Legal drug means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluated all positive test results together with an individual's medical history and any other biomedical information. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to suspected drug or alcohol impairment. Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test, such as a breath test or urinalysis. 111 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.2 SUBJECT: SMOKING PURPOSE: To set forth the City's policy regarding smoking on City premises and within City vehicles. POLICY: The City prohibits smoking at all times in all City facilities and vehicles. Smoking shall only be allowed in designated areas outside of City facilities. This policy shall apply to all employees and members of the public using City facilities. AUTHORITY & RESPONSIBILITY: Department heads are responsible for ensuring a smoke-fÌ'ee environment within their work areas. PROCEDURES AND RELATED INFORMATION 1. In order to provide employees and the public with a healthy environment and to minimize the potentially harmful effects of second-hand smoke on non-smokers, the City of Meridian prohibits smoking at all times in all City facilities and vehicles. II. If employees desire to smoke, designated areas outside City buildings will be identified. 112 II. III. IV. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.3 SUBJECT: WORKPLACE VIOLENCE PURPOSE: To identify the City's policy prohibiting violence in the workplace by employees, supervisors, elected or appointed officials, and members of the public. POLICY: The City prohibits the use of intimidation, threats or violent acts by or towards any City employee, on any City premise, andlor within any City vehicle. All such actual or potential incidents must be reported to the department head or another appropriate manager as outlined within the following procedures. AUTHORITY & RESPONSIBILITY: Supervisors and department heads are responsible for ensuring a violence-free workplace within their scope of responsibility. Supervisors must report any violent act, threat or intimidation immediately to the department head and/or the Human Resource Director. Human Resources shall be responsible for coordinating the investigation of all incidents of violence and to report all related findings to the Mayor for appropriate action. PROCEDURES AND RELATED INFORMATION I. The City of Meridian strives to maintain a work environment free from intimidation, threats or violent acts. Intimidating, threatening or hostile behaviors, physical abuse, vandalism, arson, sabotage, unauthorized possession or inappropriate use of firearms, weapons, or any other dangerous devices on City property is prohibited. A. Some employees of the City may be required, as a condition of their work assignment, to possess firearms, weapons or other dangerous devices, or are permitted to carry them as authorized by law. It is the City's policy that employees are to use them only in accordance with departmental operating procedures and all applicable state and federal laws. Employees who feel they have been subjected to any of the behaviors listed or who observe or have knowledge of any violation of this policy should immediately report it to their supervisor, department head or the Human Resources Director. All reports will be investigated and disciplinary action taken, if appropriate. The City reserves the right anytime, anywhere without notice to conduct searches and inspections of employees, personal effects or City-provided equipment, vehicles, offices, desks, cabinets, lockers, computer files, emails, or any other City owned property. Any illegal and unauthorized articles discovered may be taken into custody and may be turned over to law enforcement representatives. Any employee who violates this policy, refuses to submit to a search, or is found in possession of prohibited articles will be subject to disciplinary action, up to and including termination of employment. 113 II. III. CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.4 SUBJECT: CRIMINAL CHARGES & MISDEMEANOR PURPOSE: To outline the City's policy on employees who incur criminal charges and misdemeanors. POLICY: Employees charged with a misdemeanor or felony of any class must report the charge immediately to his/her department head or the Human Resources.Director within five (5) days of the charge. Should the charge interfere with the employee's ability to perform his/her duties, create a conflict of interest, or compromise the best interests of the City, the employee may be subject to disciplinary action up to and including termination. AUTHORITY & RESPONSIBILITY: Human Resources shall administer and interpret this policy. Supervisors who are informed of an employee's charges must report such information to the Human Resources Director immediately. PROCEDURES AND RELATED INFORMATION I. Any City employee who is charged with a misdemeanor or felony must report the charge immediately to his/her supervisor or the Human Resources Director within five (5) days of the charge. Should the charge interfere with the employee's ability to perform his/her duties, create a conflict of interest, or compromise the best interest of the City, all of which will be determined solely by the department head, the Human Resources Director and the Mayor, the employee may be subject to disciplinary action up to and including termination. Failure to inform the City subjects the employee to disciplinary action up to and including termination. The employee may be suspended from work pending outcome of the legal process. If an employee is convicted of a crime, whether misdemeanor or felony, that impacts his/her ability to meet the essential functions of his/her position or that creates a conflict of interest or that compromises the best interests of the City, all of which will be determined solely by the department head, the Human Resources Director and the Mayor, the employee may be subject to disciplinary action up to and including termination. 114 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.5 STANDARDS OF CONDUCT To outline the City's policy regarding standards of conduct and behavior to be followed by all City employees, supervisors, managers, appointed officials and elected officials. All City employees, supervisors, managers, appointed officials and elected officials are expected to conduct themselves in a professional manner that is representative of the City. Employees are expected to provide excellent customer service to the public, treat all members of the public with due respect, and to maintain good community relations as outlined within the procedures that follow. AUTHORITY & RESPONSIBILITY: Human Resources shall be responsible for administering this policy and providing guidance and interpretation for the procedures as listed below. Supervisors and department heads are responsible to ensure that all subordinate employees conduct themselves in a professional and courteous way that respectfully represents the City. PROCEDURES AND RELATED INFORMATION 1. STANDARDS OF CONDUCT A. B. c. The ability to provide excellent service to the public and to maintain good community relations depends on the City's employees. As an integral member of the City's workforce, each employee is expected to: 1. 2. Conduct themselves in a professional and courteous manner at all times; Accept and carry out responsibilities in the most effective and efficient way possible; Adhere to acceptable professional principles in matters of personal conduct; and Exhibit a high degree of integrity at all times. 3. 4. The City has outlined basic standards of conduct to assist each employee understand his/her responsibility as a City employee. These standards are provided as an example of appropriate conduct, and are not meant to be all- inclusive. Violation of these rules and guidelines may result in disciplinary action, up to and including termination. The list below are non-exclusive examples of conduct. 115 II. N. O. P. Q. R. S. EXPECTATIONS Each City of Meridian employee is expected to, at minimum: A. Abide by all departmental rules whether they be written or issued orally by the supervisor. No employee shall be required to follow the directive of a supervisor, which violates laws of the City, the State or the nation. Adhere to the State of Idaho's Code of Ethics sections 18-1351 through 18-1362; The Prohibition Against Contract with Officers Act sections 59-201-209; and the Ethics in Government Act sections 59-701 through 59-705 and any other state statues that govern City government. Perform assigned tasks efficiently and effectively, and in accordance with expected standards of performance. Report for work on time. Provide proper advance notice whenever unable to work or report to work on time. Report any illness or disability or medication that may adversely affect job performance. Keep confidential information private and avoid discussing it with anyone other than appropriate City staff members. Confidentiality is critical to maintaining the respect and dignity of co-workers, supervisors and managers and the public. Keep work environment clean and orderly. Before departing at the end of the workday, check to see if doors and files have been locked, and clear from desks or tables any documents of a sensitive or confidential nature. Put forth your best efforts to work in harmony with co-workers. Extend courtesy, respect and consideration to all co-workers, managers and members of the public. Respect and promote the unique individuality of each co- worker, manager and citizen and refrain from discriminating or stereotyping on the basis of gender, race, national origin, religion, or disability. . A void conflicts of interest or use public position for personal gain. Comply with all City safety rules and regulations. Exercise maximum care and good judgment at all times to prevent accidents and injuries. Report as soon as possible work-related injuries and illnesses, regardless of their extent or nature, unsafe working conditions, and the need for maintenance or repair of vehicles or equipment. Recognize and understand that employees will be held accountable for damage to or loss of funds or property for which you are responsible. When the loss is due to negligence or carelessness, employees may be required to replace or pay for the items lost or damaged. Recognize and understand that the City is not normally responsible or accountable for loss or theft of personal property of employees. Obtain specific written permission from a supervisor before removing City property from the premises. Maintain a current driver's license when necessary to meet the qualifications for the position. Do not engage in conduct away from work that, although not criminal, may reflect adversely upon the City. B. c. D. E. F. G. H. 1. J. K. L. M. 116 T. u. v. w. Recognize and understand that the City expressly prohibits any acts or threats of violence by any City employee or former employee against any other employee in or about City facilities or elsewhere at any time. Report any arrests or misdemeanor or felony charges that occur during employment. The City will review each situation based on its own merit, but may take appropriate disciplinary action when necessary. Do not report to work or work while under the influence of alcohol or drugs. Any violation of this policy may result in disciplinary action, up to and including termination. Comply with standards of dress, which are set by each department head. 117 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 7.6 PROHIBITED ACTIVITIES IN WORKPLACE CONDUCT To outline activities and behavior that are inappropriate and prohibited within the workplace. Employees are expected to perform and behave in a professional and courteous manner. Inappropriate behavior and conduct, as set forth within this policy, will not be tolerated by employees, supervisors, elected or appointed officials, and (as applicable) members of the public. AUTHORITY & RESPONSIBILITY: Supervisors and department heads are responsible to ensure compliance with this policy for themselves and individuals within their assigned scope of responsibility. PROCEDURES AND RELATED INFORMATION I. While not all-inclusive, the following list provides examples of unacceptable conduct or performance that may result in disciplinary action, up to and including immediate termination. This list includes, but is not limited to: A. B. Violation of or failing to follow safety standards. Showing up for work or being under the influence of, using, or possessing illegal drugs, controlled substances or alcohol, while performing City business, on City time or premises. Bringing or possessing unauthorized firearms, weapons, explosives or similar items on City property. Plea of or finding of guilt, or conviction of official misconduct in office, or conviction of a crime that reflects negatively on the employee's ability to perform the job or on the City as an employer. Insubordination, including improper. conduct toward a supervisor or refusal to do work as assigned without proper justification. Discriminate in the treatment of co-workers or members of the public on the basis of race, religion, gender, age, national origin or disability. Fighting, provoking a fight, or threatening physical violence toward another employee or member of the public while on duty, or performing City business, or representing oneself as a City employee. Engaging in malicious gossip or rumors about other employees, management, or city leaders. Engaging in abusive treatment (physical or verbal) of others. Making degrading comments about a person or his/her appearance. Teasing, kidding, touching, or telling jokes that may be perceived as inappropriate or offensive. Providing false or misleading information on employment applications, job performance_reports, or any other related personnel documents or papers. C. D. E. F. G. H. I. J. K. L. 118 M. N. o. P. Q. R. S. T. U. v. W. x. Y. z. AA. Misusing, abusing, destroying or damaging City property or equipment. Failing to report a job injury or accident; making false claims or inaccurate statements in the reporting of an injury or accident. Tardiness, absenteeism, job abandonment, unexcused or unauthorized absence or leave from work. Abusing of benefit offerings by taking unjustified or unearned sick leave, vacation leave, or otherwise participate in a scheme or deception to create incorrect records or to claim benefits, which are not deserved in accordance with City policy. Using work time for personal business including selling of good or services to the general public, or preaching religious or political views to members of the public or other employees during work hours. Altering, falsifying or destroying time keeping records or other City records. Unauthorized disclosure of confidential information from City records. Using position and/or public office or position to obtain personal or financial gain or accepting valuable gifts in exchange for influence or favors given as a City employee. Inability to perform the essential functions of the position after reasonable accommodation has been offered and/or made. Unlawful discrimination and/or harassment of other employees. Unsatisfactory performance, including unwillingness or inability to get along with co-workers. Failure to comply with or disregard of employment-related rules, policies and prohibitions. Failure to abide by department rules and City of Meridian rules concerning dissemination of information to the public from public records or about public matters. The decision to release information from the public records or to disclose writings or other information in the hands of a public official belongs with City Clerks office who has official custody of City records. Each employee shall maintain the confidential nature of records, which are not open to public scrutiny in accordance with the direction of the responsible official. Maintain a current driver's license when necessary in the conduct of work for the City. Each employee is obligated to report any state-imposed driving restrictions to his/her immediate supervisor and to notify hislher supervisor in the event that hislher driving abilities are impaired by other than state restrictions. (Refer to the City's drug-free workplace policy and testing policy for more information, or contact the Human Resources Department). Engage in abusive conduct to fellow employees or to the public, or use abusive language in the presence of fellow employees or the public. Abusive language shall include profanity and loud or harassing speech. II. The City will attempt to address concerns and complaints of employees in a timely and reasonable manner. If employees are concerned about work-related issues, they may and should discuss these concerns with their supervisor, department head, and/or the Human Resources Director. 119 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 8.1 TERMINATION OF EMPLOYMENT To outline the types of employment termination and the reasons for such termination proceedings. Employment with the City may be terminated at any time. As per its at-will policy, the City reserves the right to terminate employment at any time and for any or no reason. Employment may be terminated voluntarily (at the employee's request) or involuntarily (at the City's request) as outlined within this policy. All involuntary terminations require the approval of the Mayor, and are subject to the grievance procedure as outlined in SOP 8.2.1. AUTHORITY & RESPONSIBILITY: Human Resources shall be responsible for interpretation and administration of this policy. Human Resources shall notify employees and supervisors of all involuntary terminations so as to ensure legal compliance. All voluntary terminations should also be directed to Human Resources. Supervisors are responsible for forwarding all notifications of voluntary termination to the Human Resources Department. The Mayor shall have the sole authority to make final termination decisions for employees, with the Mayor and City Council authorized to make termination decisions for appointed positions. PROCEDURES AND RELATED INFORMATION 1. Termination of employment occurs anytime either the employee or the City decide to end the employment relationship, either voluntarily or involuntarily. VOLUNTARY TERMINATION Voluntary termination typically involves the voluntary resignation of an employee or an individual's retirement. Details are provided below. II. A. B. Employees who choose to separate from City employment are urged to submit written notice to their supervisor fourteen (14) calendar days prior to their last day of work. Proper notice generally allows the City sufficient time to calculate all leave benefits and/or other monies to which employees may be entitled. An employee's supervisor, department head, Human Resources Director or the Mayor may choose to waive this request and immediately end the employment relationship. Employees who comply with this requirement may also arrange to have their final paycheck available on their last day of work by submitting a written request to Payroll to be paid earlier. Otherwise, the final paycheck will be available on the next regular payday and/or in compliance with state law. 120 III. IV. C. RETIREMENT Employees eligible for retirement benefits under PERSI (see SOP 5.3) who decide to leave employment should notify Human Resources as soon as possible about their decision. This will allow for sufficient time to arrange for PERSI benefits to begin at the time of termination. It also provides sufficient time to allow for a replacement to be found for the position in order to continue to meet operational demands. INVOLUNTARY TERMINATION Involuntary termination typically involves a termination of employment at the request of the City. Involuntary termination typically consists of the actions as described below. Termination of employment as initiated by the City requires Mayor's approval. A. AT-WILL TERMINATION As an at-will employer, the City reserves the right to terminate employment at any time for any or no reason. As outlined in SOP 1.2, employment with the City is not guaranteed, nor does this nor any other policy or agreement create a binding contract or guarantee of employment for those employees not represented by the current Fire labor contract. B. DISCIPLINARY TERMINATION As a part of its discipline policy (see SOP 8.2), the City may choose to terminate employment at any time for violation of City policies, procedures, practices, codes and standards of conduct, or for any other unacceptable behavior, action or practice. Disciplinary terminations typically take effect immediately, with possibility for grievance as outlined in SOP 8.2.1. c. LAY-OFFS Layoff is defined as severance of an employee from the work force due to lack of work or funds. Layoff is made without prejudice, and is no fault of the affected employee. Layoff may occur due to lack of work, budgetary restrictions, reorganization, or other factors. Layoffs mayor may not provide employees with prior notification before taking effect. D. JOB ELIMINATION In some cases where a position is eliminated, an employee may be provided the opportunity to transfer to another City position for which he or she may be qualified. Failure to accept the transfer will be regarded as a voluntary termination. NOTIFICATION OF TERMINATION Employees being terminated shall receive written notice stating reasons for the action. Employees subject to involuntary termination shall be given an opportunity to appeal the action according to the timefrarne and provisions set forth in the grievance procedure. The Mayor shall approve all terminations. 121 IV. V. VI. SUSPENSION OR TERMINATION OF APPOINTED OFFICIALS Appointed officials may be suspended with or without pay by the Mayor and Council. The Mayor shall set an administrative hearing and shall notify the appointed official of the time and place of the hearing, which will be heard by a majority of the City Council members and the Mayor. Appointed officials shah be terminated by the procedures set out in Idaho Code section 50-206. Exempt employees will not suffer deductions from their salary for suspensions ofless than one workweek. EXIT INTERVIEWS A. Whenever possible prior to an employee's separation from City employment, the Human Resources Director will schedule an exit interview with the employee. The purpose of this interview is to: I. Obtain information and suggestions from the employee that may help to improve the quality of City services and the general work environment. 2. Identify areas of improvement, eliciting the employee's ideas for reasonable implementation. 3. Advise the employee of benefits and benefit conversion privileges for which the employee may be eligible. 4. Exit interviews are voluntary and will be shared with department heads on a need to know basis. B. Human Resources shall be responsible for scheduling all exit interviews. Typically, efforts will be made to schedule exit interviews prior to the last day of employment; however, circumstances may require setting the interview for a later time. c. Human Resources shall forward any applicable comments, recommendations, or other information to the Mayor should it require further action. SURRENDER OF CITY PROPERTY A. Employees are required to return all City property to the department head at the time of separation. B. If the property is not returned, the employee will be asked to sign a written authorization to deduct the cost of the indebtedness from the final paycheck. C. Employees may be terminated at the option ofthe City with no further obligation other than to pay wages due, according to state and federal law. 122 SUBJECT: PURPOSE: POLICY: CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 8.2 DISCIPLINARY ACTION To identify the City's policy on disciplinary action so as to ensure consistent and equitable application for all employees. Supervisors and department heads are directed to assist employees in improving substandard or unacceptable performance and behavior through setting effective expectations, providing feedback, coaching, counseling, and other proactive activities. However, when employees do not respond to such efforts, or when events take place that are so grievous as to require disciplinary action, supervisors are directed to follow the disciplinary policy as outlined within the following procedures. AUTHORITY & RESPONSIBILITY: The Human Resource Director shall be responsible for interpreting this policy. Supervisors and department heads shall have authority and are responsible for administering this policy within their areas of responsibility up to specified levels of disciplinary action as outlined herein. The Mayor shall have authority for disciplinary decisions made which involve demotion, suspension, or termination. PROCEDURES AND RELATED INFORMATION PURPOSES OF DISCIPLINARY ACTION Disciplinary action is typically considered when an employee engages in unacceptable performance or behavior. Below are outlined typical circumstances wherein disciplinary action should be considered. The disciplinary actions listed are not meant to be all- inclusive other circumstances may arise where disciplinary action may be warranted. 1. A. B. c. Violation of Policv or Procedure: Employees who violate City policy or practice as outlined within the City's SOPs, instructional manuals, or other reference sources may be subject to disciplinary action as outlined within this policy. Disciplinary action should be commensurate with the level of policy violation and the impact upon City operations, employees, reputation, liability, etc. Unacceptable Behavior: In cases where employees violate the City's standard of conduct (see SOPs 7.5 and 7.6), or otherwise engage in behavior that is unacceptable, unprofessional, or which creates a hostile or uncomfortable work environment, such employees may be subject to disciplinary action. Workflow Impact: Employees who, by their actions or inactions, create a negative impact on the workflow or ability to perform assigned duties by other employees, may be subject to disciplinary action. 123 II. D. Substandard Performance: The City expects its employees and managers to perform assigned duties and responsibilities in an effective manner that meets reasonable expectations of quality, quantity and timeliness. Supervisors are expected to help employees improve performance in cases of unacceptable performance through effective feedback, coaching and counseling efforts. However, when such actions become ineffective, employees may become subject to disciplinary action as outlined within this policy. STEPS OF PROGRESSIVE DISCIPLINARY ACTION A. The following is a list of steps that supervisors may follow in administering disciplinary action. Please note that these steps are guidelines only and may not always be followed. Disciplinary action may be initiated at any step in this process, at the discretion of the department head, Human Resources Director and lor Mayor, depending on the performance problem, the type of conduct, or the nature of the offense involved. Discharge may also result without any other prior warning being given. B. Disciplinary action may call for any of the following steps, depending on the issue and the type or nature of the offense. I. Coaching and Counseling In cases of unacceptable performance, and prior to formal disciplinary action, supervisors are encouraged to use methods of coaching and counseling to resolve performance problems. Supervisors should clarify expectations and provide specific, measurable feedback to employees in order to improve performance. Performance counseling sessions should be documented, with information including performance agreements, documentation of performance improvement plans, and other related information. 2. Verbal Warning This is defined as an informal discussion of the employee's action and/or behavior that is stated specifically by the supervisor. The employee has the opportunity to explain his/her side of the situation, and the supervisor will consider that information before developing specific corrective actions. The supervisor should elicit the employee's ideas on how to resolve the issue and incorporate those whenever possible. The supervisor will specify performance agreements made, including how the employee is expected to improve, the timeframes for improvement and specific consequences for a lack of follow-through. Documentation of this verbal warning should be made by the supervisor and kept with the supervisor's work records. 3. Written Warning The same procedures of the verbal warning are recommended in this step. However, in addition, the supervisor and/or department head will prepare written documentation of this conversation for the employee and the 124 employee's personnel file. The documentation, usually in memo form, will include the date of the conversation; the rule or policy violation specifically stated; a reference to the earlier oral warning; a statement of the specific change in the employee's performance that is expected; the time allowed for improvements; the consequences of not meeting the performance expectations; and comments the employee made during the conversation. An acknowledgement of receipt should be signed by the employee and dated; it might read, "I acknowledge that a copy of this written warning was given to me on this day." 4. Demotion An employee may be demoted to a position of lesser responsibility and salary. Depending on the position, demotion mayor may not be available. For information about salary impact, refer to the Compensation policy or contact the Human Resources department. 5. Performance Plan An employee whose performance is below expectations may have his/her performance reviewed on a schedule determined by the supervisor and/or department head. The review(s) may include a formalized written improvement plan, noting dates, expected results and responsibilities. Regardless of the outcomes of the performance improvement plan, the employee's at-will status with the City remains the same. 6. Suspension Suspension without pay is usually used only after a verbal and written warning has been given to the employee and no change in performance has resulted. It is often the final step before termination. The supervisor and/or department head will again confer with the employee about the disciplinary issue and will review all the actions, documentation, and expectations not addressed; the employee will be asked for other information to be considered. The supervisor, department head, Human Resources and the Mayor will confer to determine appropriate action, including the duration of the suspension, and will document the entire process and conversation in memo form for the employee and the employee's personnel file. The employee will be asked to acknowledge receipt of the memo. Exempt employees will not suffer deductions from their salary for suspensions ofless than one workweek. 7. Termination Termination occurs when other remedies have failed to correct unacceptable job performance and/or when an employee commits an offense so serious in the judgment of the City that termination of employment is appropriate. The supervisor, department head, Human Resources Director and the Mayor will confer to determine when termination is required. The Mayor has total discretion on employee terminations. 125 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 8.2.1 SUBJECT: DISCIPLINARY APPEAL PURPOSE: To identify the City's process for employees to appeal decisions that involve disciplinary action (up to and including termination). Employees who become subject to disciplinary 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. POLICY: AUTHORITY & RESPONSIBILITY: 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 disciplinary actions 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 disciplinary 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 disciplinary action taken was improper or not commensurate with the circumstances, a grievance procedure has been established to hear and consider the employee's concerns. 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 disciplinary actions as outlined herein. III. 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. Iv. G~EVANCEPROCEDURES The following procedures shall apply for disciplinary 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 disciplinary action that includes demotion, suspension, disciplinary probation, or termination, he/she will have three (3) working days from 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 126 V. and the supervisor are not possible or successful, the employee may proceed to the next step in the process. b. The employee must submit his/her written appeal to the department head within ten (10) working days of the event leading to the appeal. The aggrieved employee shall meet with the department head within three (3) working days of receipt of the written appeal to discuss the disciplinary procedure. The department head 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 head 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. c. After receiving the department head'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 head 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 head 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. d. The employee shall present his/her final appeal in person within ten (10) working days to the Mayor. 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. e. Time frames set forth in this policy may be extended upon mutual consent of the parties. 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. 127