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G-93-12-09-9B - 12/9/1993ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7, SECTION 7.100, CODE OF ORDINANCES (1990 EDITION), CITY OF ROUND ROCK, TEXAS, TO ADOPT NEW PERSONNEL POLICIES AND PROCEDURES FOR CITY EMPLOYEES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 7, Section 7.100, Code of Ordinances (1990 Edition), City of Round Rock, Texas is hereby amended to read as follows: SECTION 7.100 EMPLOYEE PERSONNEL POLICIES ADOPTED The City of Round Rock Personnel Policies and Procedures manual dated December 9, 1993, as amended, a copy of which is on file in the office of the city secretary, is hereby adopted by reference as though it was copied fully herein. II. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. READ and APPROVED on first reading this the of ' Q,* C . Vit ' L._ 1993. READ, APPROVED and ADOPTED on second reading this the day of , 1993. KS/ORDINANCE OR 12093B day CHARLES CULPE)P Mayor City of Round R c , Texas ATTEST: NNE LAND, City Secretary KS/ORDINANCE OR12093B PERSONNEL POLICIES AND PROCEDURES of the CITY OF ROUND ROCK, TEXAS 221 E. Main Street Round Rock, Texas 78664 (512) 255-3612 Adopted: i This document was prepared exclusively for the use of the City of Round Rock by Ray Associates, Inc., 508 West 12th Street, Austin, Texas 78701, (512) 478-4699. Provisions were drafted to conform to unique conditions at the City of Round Rock and are not necessarily transferable to other employers. Ray Associates, Inc., does not have a duty to update these policies except by prior arrangement with the City of Round Rock, Texas. November 1993 NOTICE TO EMPLOYEES The City of Round Rock operates under the legal doctrine of "employment -at -will" and, within requirements of state and local law regarding employment, can dismiss an employee at any time, with or without notice, for any reason or no reason. Every effort will be made to ensure that employee dismissals are not made in an arbitrary and capricious manner; however, these personnel policies do not constitute an employment agreement between the city and any of its employees and in no way limit or restrict the at -will nature of employment. The city has the right to change these policies at any time, without prior notice to employees. Each reference in these policies to the city means the City of Round Rock, Texas. NOTE: The parenthetic legal references contained in these policies are for information pur- poses only and are subject to change. 11/15/93 TABLE OF CONTENTS 1.00 GENERAL POLICIES 1 1.01 AUTHORITY 1 1.02 SEVERABILITY 1 1.03 RESPONSIBILITY FOR IMPLEMENTATION OF PERSONNEL POLICIES 1 1.04 PURPOSE 1 1.05 APPLICABILITY OF PERSONNEL POLICIES 2 1.06 DISSEMINATION OF PERSONNEL POLICIES 2 1.07 EQUAL EMPLOYMENT OPPORTUNITY 2 1.08 AFFIRMATIVE ACTION 3 1.09 SEXUAL HARASSMENT 3 1.10 PERSONS WITH DISABILITIES 4 1.11 CHANGES TO THESE POLICIES AND EMPLOYEE SUGGESTIONS 4 1.12 SMOKING PROHIBITION 5 1.13 SEARCHES 5 2.00 EMPLOYEE RESPONSIBILITIES 6 2.01 GENERAL 6 2.02 QUALITY TEAMS 6 2.03 PERSONAL RELATIONSHIPS BETWEEN CO-WORKERS 6 2.04 PROFESSIONAL APPEARANCE 6 2.05 TIMELINESS AND ATTENDANCE 6 2.06 OUTSIDE ACTIVITIES 7 2.07 GIFTS AND GRATUITIES 7 2.08 CONFLICT OF INTEREST - GENERALLY 7 2.09 POLITICAL ACTIVITY 8 2.10 COMMUNICATIONS 9 2.11 CHAIN OF COMMAND 10 2.12 SOLICITATION OF FUNDS FOR CITY PROJECTS 10 2.13 TELEPHONE USE 10 2.14 UNIFORMS 11 2.15 PURCHASING 11 3.00 HIRING PRACTICES 12 3.01 METHODS OF RECRUITMENT AND SELECTION 12 3.02 PUBLIC POSITION ANNOUNCEMENTS 12 3.03 QUALIFICATIONS 12 3.04 SELECTION 13 3.05 AGE REQUIREMENTS 13 3.06 APPLICATION FOR EMPLOYMENT 13 3.07 EMPLOYMENT OF RELATIVES (NEPOTISM) 14 3.08 TESTING 14 i 11/15/93 3.09 PHYSICAL STANDARDS 16 3.10 VERIFICATION OF ELIGIBILITY TO WORK 16 3.11 DRIVING RECORD 16 3.12 DISQUALIFICATION 17 3.13 PRIOR SERVICE WITH THE CITY 17 3.14 PLACEMENT ON CITY PAYROLL 17 3.15 ORIENTATION AND TRAINING 17 4.00 TYPES OF EMPLOYMENT 18 4.01 CATEGORIES OF EMPLOYMENT 18 4.02 ASSIGNED STAFF 18 5.00 EMPLOYEE COMPENSATION AND ADVANCEMENT 19 5.01 PAY 19 5.02 PAYDAYS 19 5.03 CHECK DELIVERY 19 5.04 PAYROLL DEDUCTIONS 19 5.05 CLASSIFICATION PLAN 20 5.06 PAY PLAN 20 5.07 CLASSIFICATION AND PAY ADMINISTRATION 20 5.08 COST -OF -LIVING ADJUSTMENTS 20 5.09 PAY RANGES AND STEPS 21 5.10 PROMOTIONS 21 5.11 LATERAL TRANSFERS 21 5.12 DEMOTIONS 22 5.13 PAY REDUCTION FOR DISCIPLINARY REASONS 22 5.14 LONGEVITY PAY 22 5.15 CERTIFICATION PAY 22 5.16 LUMP SUM, END -OF -YEAR REWARDS 22 5.17 APPROVING AUTHORITY 23 6.00 WORK SCHEDULE AND TIME REPORTING 24 6.01 ADMINISTRATIVE WORKWEEK OR WORK PERIOD - MOST DEPARTMENTS 24 6.02 WORK PERIOD AND SCHEDULES - POLICE 24 6.03 WORK PERIOD AND SCHEDULES - FIRE 25 6.04 SCHEDULE ADJUSTMENTS 27 6.05 NUMBER OF HOURS WORKED 27 6.06 OVERTIME WORKED 27 6.07 EXEMPTIONS FROM F.L.S.A. (OVERTIME COMPENSATION) 27 6.08 OVERTIME COMPENSATION 27 6.09 HOLIDAYS WORKED 28 6.10 LEAVE TAKEN AND OVERTIME 28 6.11 TIME REPORTING 29 6.12 "ON CALL" OR "STANDBY" TIME 29 ii 7.00 BENEFITS 30 7.01 MEDICAL AND LIFE INSURANCE 30 7.02 SOCIAL SECURITY 30 7.03 PENSION PLAN 30 7.04 SUPPLEMENTAL DEFERRED COMPENSATION 30 7.05 WORKERS' COMPENSATION 31 7.06 UNEMPLOYMENT INSURANCE 31 7.07 LEAVE TIME 31 7.08 SERVICE PINS 31 8.00 LEAVE TIME 32 8.01 DEFINITIONS 32 8.02 APPROVAL OF LEAVE 32 8.03 VACATION LEAVE 32 8.04 COMPENSATORY LEAVE 34 8.05 SICK LEAVE 34 8.06 SHORT-TERM DISABILITY LEAVE 36 8.07 FAMILY AND MEDICAL LEAVE 37 8.08 OTHER LEAVES OF ABSENCE WITHOUT PAY 40 8.09 EMERGENCY LEAVE 41 8.10 ADMINISTRATIVE LEAVE 42 8.11 INJURY LEAVE 42 8.12 USING LEAVE IN COMBINATION 42 8.13 MILITARY LEAVE 42 8.14 JURY DUTY/CIVIL LEAVE 43 8.15 ABANDONMENT OF POSITION 43 9.00 HOLIDAYS 44 9.01 GENERAL POLICY 44 9.02 HOLIDAYS FOR PATROL OFFICERS AND FIREFIGHTERS 45 9.03 WORK DURING HOLIDAYS 45 9.04 HOLIDAYS FALLING ON NON -WORKDAYS 46 9.05 HOLIDAY DURING VACATION 46 10.00 HEALTH AND SAFETY 47 10.01 SAFETY POLICY 47 10.02 EMPLOYEE RESPONSIBILITIES AND REPORTS 47 10.03 EMPLOYEE SUGGESTIONS 47 10.04 ON-THE-JOB INJURIES 47 10.05 DRUG-FREE WORKPLACE 50 11.00 USE OF CITY VEHICLES 52 11.01 GENERAL POLICY 52 11.02 DRIVING RECORD VERIFICATION 52 11.03 MAJOR MOVING VIOLATION 52 iii 11/15/93 11.04 ACCIDENTS AND NON -FELONY VIOLATIONS 52 11.05 PERSONAL USE PROHIBITED 52 11.06 TAX REQUIREMENT FOR USE OF CITY VEHICLE 53 11.07 MAINTENANCE REQUIREMENTS 53 11.08 TRANSPORTING OF UNAUTHORIZED PERSONS 54 11.09 EMPLOYEES WHO DRIVE PERSONAL CARS ON CITY BUSINESS 54 12.00 SEPARATIONS 55 12.01 TYPES OF SEPARATIONS 55 12.02 RESIGNATION 55 12.03 RETIREMENT 55 12.04 REDUCTION IN FORCE 55 12.05 DISMISSAL 56 12.06 DISABILITY 56 12.07 DEATH 56 12.08 CALCULATION OF SEPARATION PAY 56 12.09 DOCUMENTATION OF SEPARATIONS 57 12.10 CONTINUATION OF GROUP INSURANCE 57 13.00 GRIEVANCES 58 13.01 POLICY 58 13.02 FINAL AUTHORITY 58 13.03 PROCEDURE 58 14.00 JOB (CLASS) DESCRIPTIONS 61 14.01 JOB DESCRIPTIONS 61 14.02 REQUESTS FOR CLARIFICATION 61 15.00 PERSONNEL FILES 62 15.01 GENERAL 62 15.02 PERSONNEL ACTION FORM 62 15.03 CONTENTS OF PERSONNEL FILES 63 15.04 LEAVE RECORDS 64 16.00 PROFESSIONAL DEVELOPMENT 16.01 GENERAL POLICY 65 16.02 REQUIRED ATTENDANCE AT SEMINARS AND CONFERENCES 65 16.03 TRAINING 65 65 17.00 TRAVEL AND SUBSISTENCE 67 17.01 GENERAL POLICY 67 17.02 IN -CITY TRAVEL 67 17.03 OUT -OF -CITY TRAVEL 67 17.04 SUBSISTENCE EXPENSES 67 17.05 PERSONAL VEHICLE 68 iv 11/15/93 17.06 EXPENSE REPORT 68 17.07 EXCEPTIONS 68 17.08 PROHIBITED EXPENDITURES 68 DEFINITIONS 69 INDEX v 11/15/93 PERSONNEL POLICIES 1.00 GENERAL POLICIES 1.01 AUTHORITY. 1.01.01 These policies are established by the city council, and any deletions, amendments, revisions, or additions to the policies must be approved by the city council. 1.01.02 These policies completely replace and supersede any and all personnel policies previously adopted, individually or as a set of policies, by the city council. The management staff of the City of Round Rock does not have the authority to change these policies; no verbal commitment by a supervisor or manager is valid if it contradicts a provision(s) of these policies. 1.01.03 In addition to these personnel policies, department heads may establish departmental rules and regulations that relate specifically to their departments, as long as they do not conflict with these policies. If there is a conflict between a departmental rule or policy and these policies or any future amendments to these policies, the terms of these policies shall prevail. Additionally, departmental rules and regulations must be approved by the city manager. 1.02 SEVERABILITY. The provisions of these policies are severable, and if any provision or part of a provision is held invalid, illegal, or unenforceable, this shall not affect the validity of the remaining provisions or parts of provisions, which shall remain in force and effect. 1.03 RESPONSIBILITY FOR IMPLEMENTATION OF PERSONNEL POLICIES. 1.03.01 The city manager is responsible for the administration of the personnel policies and procedures. The city manager may delegate authority to appropriate staff members, including department heads, to act in his or her behalf in the administration of these policies and procedures. 1.03.02 With the exception of matters of appointments and other personnel actions reserved to the city council by statute or charter provision, final authority, in the form of review and approval, is reserved to the city manager with regard to all personnel matters and subjects covered by these regulations. 1.04 PURPOSE. These policies set forth guidelines for the city. They have been prepared and adopted in order to promote consistent, equitable, and effective practices by both employees and supervisors which will result in high quality public service to the citizens of the City of Round Rock. These policies do not constitute a contract between 1 11/15/93 the employer and any of its employees, but, rather, are intended as guidelines for personnel administration. Employees of the city serve "at will" and, within provisions of state and federal law applying to public employment, may be dismissed at any time, with or without notice, for any reason or no reason. The city manager serves at the will of the city council. 1.05 APPLICABILITY OF PERSONNEL POLICIES. 1.05.01 These personnel policies apply equally to all employees of the city except the city manager, city attorney, and municipal judge, unless a class of employees is specifically exempted by these policies. 1.05.02 In cases where federal or state laws or regulations supersede local policy for specific groups of employees, such laws or regulations will substitute for these personnel policies only insofar as necessary for compliance. 1.06 DISSEMINATION OF PERSONNEL POLICIES. 1.06.01 The city secretary or his or her designee maintains the official set of the personnel policies with all revisions for reference by employees. In addition, the city secretary's office will provide a complete copy of this manual and copies of all subsequent revisions to each department head for reference in that department. If a question arises about a particular policy, the official set of policies maintained by the city secretary or his or her designee should be consulted and will control. 1.06.02 Each city employee also receives a copy of this manual and is required to read it carefully and to adhere to the rules and regulations stated herein. Within two weeks of employment, every employee is required to sign an acknowledgement of having read and understood the policies contained in this Personnel Policies Manual. 1.07 EQUAL EMPLOYMENT OPPORTUNITY. 1.07.01 It is the policy of the City of Round Rock not to allow discrimination against any person in job structuring, recruitment, examination, selection, appointment, placement, training, upward mobility, discipline, or any other aspect of personnel administration based on a person's race, age, religion, color, disability, national origin, or sex. 1.07.02 The city prohibits retaliation or discrimination against any employee for opposing an unlawful or discriminatory employment practice, or for alleging or participating in an investigation of an allegation of discrimination. (Legal reference: U.S. Civil Rights Acts 1871 and 1964, as amended; V. T. C.A. Civil Practices and Remedies Code, Chapter 106; Texas Commission on Human Rights Act, V.T.C.S. Article 5221K; Article 6252-16, V. T. C. S.; U.S. Age Discrimination in Employment Act of 1967; U.S. Rehabilitation Act of 1973, as amended; U.S. Americans with 2 11/15/93 Disabilities Act of 1990; U.S. Executive Orders 11246; U.S. Equal Pay Act; V. T. C.A Health and Safety Code, Chapters 591 - 596.) 1.08 AFFIRMATIVE ACTION. 1.08.01 The City of Round Rock will take affirmative action to see that applicants are employed, and employees are treated during their employment, without discrimination based on race, age, religion, color, disability, national origin, or sex. In addition, the city will seek to include qualified members of minorities and persons with disabilities in applicant pools. (Legal reference: U.S. Executive Order 11246; U.S. Rehabilitation Act of 1973, as amended; U.S. Americans with Disabilities Act of 1990.) 1.08.02 The city maintains an Affirmative Action Plan, a copy of which is available for employee review on request from the city secretary. (Legal reference: U.S. Executive Order 11246.) 1.09 SEXUAL HARASSMENT. 1.09.01 It is the policy of the city to provide and maintain a work environment which is free of sexual harassment, sexual exploitation, and intimidation. All employees are expected to comply with this policy; failure to do so will result in disciplinary action up to and including termination. 1.09.02 In this section, "sexual harassment" means unwelcome sexual advances, requests for sexual favors, cr other physical or verbal conduct of a sexual nature (1) that creates a hostile working environment or (2) the submission to which is made a term or condition of a person's employment. 1.09.03 It is illegal andagainst the employer's policy for any worker, male or female, to harass another worker or to create a hostile working environment by either committing or encouraging: • Physical assaults on another employee, including but not limited to, rape, sexual battery, molestation, or attempts to commit these assaults; or • Intentional physical contact that is sexual in nature, including but not limited to, touching, pinching, patting, or brushing up against another employee's body; or • Unwanted sexual advances, propositions, or sexual comments, including making sexual gestures, jokes, or comments made in the presence of any employee who has indicated that such conduct in his or her presence is unwelcome; or 3 11/15/93 • Posting or displaying pictures, posters, calendars, graffiti, objects, or other materials that are sexual in nature or pornographic. 1.09.04 The city's grievance procedure (see Grievances) provides procedures for reporting alleged sexual harassment. The city will investigate such reports immediately. 1.09.05 Supervisors and managers who receive a sexual harassment complaint should carefully investigate the matter, questioning all employees who may have knowledge of either the incident in question or similar problems. Both the complaint and the investigative steps and findings should be documented as thoroughly as possible. As much as possible, confidentiality will be maintained with respect to a sexual harassment complaint and only those who need to know about such a complaint will be advised of its existence. (Legal reference: Title VII of the U.S. Civil Rights Act, Section 703, as interpreted by EEOC: Sex Discrimination Guidelines, Section 1604.11; Meritor Savings Bank v. Vinson, U.S. Supreme Court, 1986.) 1.10 PERSONS WITH DISABILITIES. It is the policy of the city to make its employment application process, employee activities, working environment, employee benefits, employee training, and employee advancement process accessible to persons with disabilities; and the city will make reasonable accommodations to a qualified individual with a disability who is an applicant or employee unless that accommodation will place an undue financial hardship on city operations. (Legal reference: U.S. Rehabilitation Act of 1973, as amended; and U.S. Americans with Disabilities Act of 1990.) 1.11 CHANGES TO THESE POLICIES AND EMPLOYEE SUGGESTIONS. 1.11.01 These personnel policies may be amended or revised, or new policies may be added, at any time, with or without notice, upon the approval of the city council. In addition, the personnel manager conducts an annual review of the policies contained in this manual during the budget process and submits any necessary or recommended changes to the city manager for consideration and presentation to the city council for approval prior to the beginning of the new fiscal year. The personnel manager is also responsible for notifying the city manager when a statutory or case law change makes a revision to these policies necessary or desirable. However, no staff member has the authority to change these policies without action by the council; no verbal commitment made by a supervisor or manager is valid if it in any way contradicts these written policies. 1.11.02 Employees are encouraged to make constructive suggestions for improvements in these policies or in work procedures or conditions. Any employee who wishes to suggest a personnel policy change should submit his or her suggestion(s) at any time to 4 11/15/93 the personnel manager for consideration during the annual review process. Employees are responsible for maintaining current knowledge and understanding of all personnel policy changes and for requesting clarification or assistance when needed. 1.12 SMOKING PROHIBITION. Smoking is prohibited within city facilities. Smoking in city vehicles is prohibited unless authorized by the department head. 1.13 SEARCHES. The city reserves the right to make general or random searches of city property, such as lockers, closets, and desks, for alcohol, prohibited drugs, or drug paraphernalia without the consent of the employee. The use of privately owned padlocks or other locking mechanisms for city property is prohibited. Any materials brought into the workplace, such as personal effects, briefcases, vehicles, and so on, may be subject to search at any time if a reasonable suspicion exists that alcohol, prohibited drugs, or drug paraphernalia may be found. If the employee is available, he or she will be asked to consent to the search. If the employee does not give consent, any attempt to conduct a search of materials brought into the workplace will not be continued. However, the employee's refusal to cooperate will be noted in his/her employee folder, together with a statement that reasonable suspicion existed to conduct the search. No search of materials brought into the workplace will be conducted in the employee's absence. Any search will be conducted as privately as possible, involving only persons with a need to know and only with the authorization of the city manager or his/or her designee. 5 11/15/93 2.00 EMPLOYEE RESPONSIBILITIES 2.01 GENERAL. The City of Round Rock is a public, tax -supported organization. Its employees must adhere to high standards of public service that emphasize professionalism, courtesy, and avoidance of even the appearance of illegal or unethical conduct at all times. Employees are required to give a full day's work, to carry out efficiently the work items assigned as their responsibility, and to do their parts in maintaining good relationships with the public, their supervisors, city officials, and their fellow employees. 2.02 QUALITY TEAMS. The City of Round Rock is a total quality city. We practice total quality management (TQM) techniques to ensure continuous improvement in providing services to our citizens as well as to other departments and employees within the city. Employees may be invited from time to time to volunteer to serve on specific quality teams, and all employees are encouraged to participate. Every employee is essential to the city's success and effectiveness, and everyone is encouraged to suggest ways to make their department, section, or job function more efficiently and more effectively. Teamwork is critical in each employee's job, and each employee is expected to be able to work effectively and cooperatively with his or her co-workers at all levels in the organization. 2.03 PERSONAL RELATIONSHIPS BETWEEN CO-WORKERS. Personal relationships between co-workers must never affect an employee's job performance or interfere with activities in the workplace. 2.04 PROFESSIONAL APPEARANCE. Employees of the city are hired to provide services to the citizens of Round Rock and to perform specific tasks in a professional manner. As representatives of the city, employees are encouraged to set and meet high standards both in performing quality work and in presenting a professional personal image to the public. While the city does not have a formal dress code, employees are expected to exercise regular hygiene care and to dress and groom themselves in a neat and tasteful manner which is appropriate to the particular job being performed. Expensive clothes are not necessary, but a neat, well groomed appearance and a courteous attitude are necessary in creating and maintaining a professional, favorable image of the city's work force. 2.05 TIMELINESS AND ATTENDANCE. 2.05.01 Employees are to be punctual in reporting for work, keeping appointments, and meeting schedules for completion of work. 2.05.02 An employee who expects to be late for or absent from work must report the expected tardiness or absence to his or her supervisor not later than 15 minutes after the time the employee is scheduled to begin work, unless emergency conditions exist. (It is preferable, and may be required in some departments, for an employee who will be late 6 11/15/93 or absent to contact his or her supervisor or department head at least one hour prior to the employee's scheduled time to begin work unless emergency conditions exist.) See also the Leave Time chapter of these policies for matters involving planned absences. 2.05.03 Failure to report within the required period can be considered justification for disallowing paid sick leave for an absence. Unless otherwise approved by the supervisor, employees are expected to call on each day of absence. Where the nature of the absence necessitates an extended period of time off, longer reporting intervals may be approved by the supervisor. Frequent tardiness or unexcused absence is not permissible and is grounds for disciplinary action up to and including termination. 2.06 OUTSIDE ACTIVITIES. 2.06.01 Employees may not engage in any outside employment, activity, or enterprise determined by the department head, in consultation with the city manager when necessary, (1) to be inconsistent or incompatible with employment with the city; or (2) to affect the employee's job performance adversely. 2.06.02 An employee who wishes to engage in such an activity must prepare a full and complete written request describing the employment activity for which permission is requested, and must have the advance approval of his or her department head and the city manager to engage in any outside employment, including self-employment. 2.06.03 If a city employee is injured on the job in the course of employment outside of his or her employment with the city, the employee may not file a workers' compensation claim against the city for benefits related to the injury, regardless of the fact that the city manager may have approved of the outside employment. 2.07 GIFTS AND GRATUITIES. A city official or employee may not accept any gift or free service that might tend to influence his or her official actions or impair his or her independence of judgment in performance of duties for the city. See "Conflict of Interest" section below. 2.08 CONFLICT OF INTEREST - GENERALLY. 2.08.01 Officers and Employees. The city council has adopted an ordinance for standards of conduct and financial disclosure for the officers of the city (referred to in the ordinance as city officials). That ordinance applies to the mayor, members of the city council, city manager, city attorney, city secretary, director of planning and community development, director of public works, director of finance, and persons acting in those officers' capacity. In addition, a city employee may not: 1. Solicit or accept or agree to accept a financial benefit, other than from the city, that might reasonably tend to influence his or her 7 11/15/93 performance of duties for the city or that he or she knows or should know is offered with intent to influence the employee's performance; 2. Accept employment or compensation that might reasonably induce him or her to disclose confidential information acquired in the performance of official duties; 3. Accept outside employment or compensation that might reasonably tend to impair independence of judgment in performance of duties for the city; 4. Make any personal investment that might reasonably be expected to create a substantial conflict between the employee's private interest and duties for the city; or 5. Solicit or accept or agree to accept a financial benefit from another person in exchange for having performed duties as a city employee in favor of that person. (Legal reference: V. T.C.S. Local Government Code, Section 171; Sections 81.002 and 84.007(b); Penal Code, Sections 36.02, 36.04, 36.08-10, 39.01, 39.03.) 2.08.02 Contracts. Specifically, with reference to contracts, no official or employee of the city who exercises any functions or responsibilities in the review or approval of an undertaking or the carrying out of one of the city's contracts shall participate in any decision relating to that contract if the decision affects his or her personal pecuniary interest. Governing details of this policy are found in the appendix "Conflict of Interest -- Chapter 171 of the Local Government Code," which is attached to and made a part of these policies by reference. 2.09 POLITICAL ACTIVITY. 2.09.01 Employees of the city are encouraged to vote and to exercise other prerogatives of citizenship consistent with state and federal law and these policies. 2.09.02 An employee, in his or her official capacity, may not: 1. Use his or her official authority or influence to interfere with or affect the result of an election or nomination for office; 2. Directly or indirectly coerce, attempt to coerce, command, or advise a local or state officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for a political purpose; or 8 11/15/93 3. Use funds provided by the State of Texas to influence the passage or defeat of any legislative measure in the Texas Legislature or the outcome of any election. 4. Use his or her working time or city resources to participate in any political campaign. 2.09.03 In addition, any city employee who is subject to the provisions of the federal Hatch Act may not be a candidate for elective office in a partisan election. (A partisan election is an election in which candidates are to be nominated or elected to represent a party whose candidates for presidential electors received votes in the last preceding election at which presidential electors were selected.) City employees are subject to this additional Hatch Act restriction if their principal employment is in connection with an activity which is financed in whole or in part by loans or grants made by the federal government. 2.09.04 All city employees are prohibited from participating in any way in any political activity while wearing a city uniform, regardless of whether the employee is on duty or on his or her own time. In addition, no city employee may use city -owned property, vehicle, building, and/or office for displaying campaign materials or for conducting any political activity. 2.09.05 An employee's political activity, not in violation of this section, shall not be considered in determining his or her compensation, eligibility for promotion or demotion, work assignment, leave or travel request, or in applying any other employment practices to the employee. (Legal reference , paragraphs 2.09.02, 2.09.03, 2.09.04, and 2.09.06: U.S. Hatch Act of 1940, as amended.) 2.10 COMMUNICATIONS. 2.10.01 Staff to City Council, Public, and Media. Communication with the public and the media about city issues or problems is the responsibility of the city manager. Employees are to refer members of the news media to the city manager if a question is non -routine, controversial, or outside the scope of the employee's normal duties, and are to notify the city manager of scheduled interviews with the news media. 2.10.02 Internal Communications. In addition to an employee's participation on a quality team, from time to time, an employee may be given work instructions from or asked questions by a city employee or official outside the normal supervisory channels. In such cases, it is the employee's responsibility to notify his or her immediate supervisor promptly about the instruction or question, its purpose, the relevant facts of the situation, and the employee's response to the direction or question. Supervisors are responsible 9 11/15/93 for reporting these incidents promptly through supervisory channels to the city manager in those instances where there could be adverse consequences. 2.10.03 A determination of timeliness will be based on the nature of the instruction, request, or question; any potential adverse consequences of the employee's response; and/or the time frame during which an amended response could alter potentially adverse consequences. 2.10.04 Requests for Council Action. An employee may request that a matter be considered by the city council by submitting the item in writing to the city manager through the employee's supervisor. Final decisions as to what is to be brought forward to the council from the staff are determined by the city manager. 2.10.05 Council to Staff. Except for the purpose of inquiries and investigations specifically authorized under the city charter, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the manager. Neither the council nor any of its members shall give work instructions or orders to any city official or employee, either publicly or privately, unless specifically authorized in the city charter. 2.11 CHAIN OF COMMAND. Individual city employees are responsible to the city manager or to a supervisor or department head designated by the city manager. The city manager is responsible to the city council as a whole. Directions regarding day-to-day work to be done, expected results, the adequacy of work performance, and grievances will follow the chain of command, except in cases of service on a quality team for the city. 2.12 SOLICITATION OF FUNDS FOR CITY PROJECTS. At times, projects may be undertaken whereby funds are solicited from private citizens, businesses, and organizations on behalf of the city. Before any solicitation of funds is begun, the department head must notify and receive the approval of the city manager. Participation on the part of any city employee in a fund raising effort on behalf of the city is strictly voluntary. 2.13 TELEPHONE USE. 2.13.01 Telephones are to be used for city business. It is understood that occasionally personal calls are necessary; however, use of telephones for local personal calls is permitted only if the number and length of calls are kept to a minimum. 2.13.02 City employees may not place personal long distance telephone calls on city telephone equipment unless the charges will be billed directly by the telephone company to the individual's personal account. 10 11/15/93 2.13.03 If the city furnishes a city employee with cellular telephone service, any metered usage by the employee for personal calls must be paid personally by the employee on a monthly basis. 2.13.04 All supervisory and service personnel must furnish the city a telephone number at which they can be reached during off duty hours or have ready access to a telephone which they could use to respond to a page. Employees do not receive either additional compensation or reimbursement for maintaining this telephone service. 2.14 UNIFORMS. In the police, fire, utilities, parks, animal control, and public works departments, some employees are required to wear uniforms which are furnished by the city. The employee is responsible for paying the maintenance costs, except for the parks, utilities, public works, and animal control departments, where the city provides laundering service. In all cases, the employees must keep their uniforms neat and clean. 2.15 PURCHASING. Purchases by city employees shall be made only as authorized by the city manager or the city council and shall be made in accordance with state purchasing laws as they apply to cities. (Legal Reference: Local Government Code, Chapter 252.) 11 11/15/93 3.00 HIRING PRACTICES 3.01 METHODS OF RECRUITMENT AND SELECTION. 3.01.01 The city has four methods of recruiting and selecting persons to fill vacancies: (1) promotion from within; (2) lateral transfer from within; (3) public announcement and competitive consideration of applications for employment; and/or (4) selection from a valid eligibility list. A valid eligibility list is a list of applicants for the same or a similar position for which applications were sought within the past year. The department head determines the method(s) of selection to be used in filling each vacancy. 3.01.02 The city does not accept applications for employment unless a specific vacancy exists. Persons wishing to apply for a job with the city when a specific vacancy does not exist are informed of the manner of advertising city job announcements and that they may return and file an application at any time an advertised vacancy exists for which they consider themselves to be qualified. After a city position has been filled, all applicants who were interviewed but were not chosen will be notified in writing as soon as practicable. 3.02 PUBLIC POSITION ANNOUNCEMENTS. 3.02.01 Public announcements of position openings at the city, for which there will be competitive consideration, are disseminated by the personnel manager in the manner most appropriate for the particular position being filled, as determined by the department head. Department heads wanting to fill job vacancies within their departments must submit relevant information about the position to the personnel manager, who ensures that job opening announcements are made public through publication in the local newspaper and posting at the city administrative offices. 3.02.02 Current employees may apply for positions for which they believe themselves to be qualified. If selected for the position for which he or she applied, a city employee can transfer to another city position without loss of pay provided that his or her current pay is within the limits set by the city council for the transfer position. 3.02.03 The length of time during which applications will be accepted for a given vacant position will be determined by the personnel manager and the appropriate department head in accordance with the circumstances that exist at the time. 3.03 QUALIFICATIONS. The city maintains a job description which establishes the required knowledge, skills, and abilities for each staff position and the acceptable levels of experience and training for each. The job description sets forth the minimum acceptable qualifications required to fill the position. 12 11/15/93 3.04 SELECTION. 3.04.01 In accordance with the city charter, the city council appoints and may remove the city manager, city attorney, and municipal court judge. Except for appointments reserved to the city council by statute, ordinance, or charter, the city manager has exclusive authority to select and employ all city employees. The city manager may authorize department heads to appoint and remove employees within their departments, subject to approval by the manager and within the limits of these policies and the city budget. Other supervisors may be asked for recommendations as appropriate. 3.04.02 Neither the city council nor any of its members shall in any manner dictate the appointment or removal of any city employees whom the city manager or any of his or her subordinates is authorized to appoint. However, the council or its members may express freely to the city manager their views and opinions on such matters. 3.04.03 Vacancies on the city staff are filled by promotion, by transfer, or by initial appointment, on the basis of merit as demonstrated by directly job-related test performance, education, experience, and personal interview. Selections are made by the city manager or a department head or supervisor authorized by the city manager to make the selection. 3.05 AGE REQUIREMENTS. 3.05.01 Persons under 16 years of age will not be employed in any full-time regular position. Persons under 18 years of age will not be hired in any hazardous occupation. Any prospective city employee under 18 years of age must have written permission (u signed Minor's Release Form) from his or her lawful parent or guardian on file in the city's payroll office prior to the first day of employment. (Legal reference: Child Labor Regulations, Subpart C, issued pursuant to authority conferred by Section 3 (1) of the U.S. Fair Labor Standards Act of 1938, as amended.) 3.05.02 Other age limitations will be applied only as required by specific state or federal law applicable to the city. (Legal reference: U.S. Age Discrimination in Employment Act of 1967, as amended.) 3.06 APPLICATION FOR EMPLOYMENT. Each person desiring employment with the city is required to submit an application on the city's official application form and may submit other pertinent information regarding training and experience. The city will make appropriate inquiries to verify education, experience, character, and required certificates and skills of an applicant prior to appointment. In the case of applicants for positions which require driving a vehicle, the applicant is required to bring a current copy of his or her driving record. 13 11/15/93 3.07 EMPLOYMENT OF RELATIVES (NEPOTISM). 3.07.01 Nepotism is the showing of favoritism toward a relative. The practice of nepotism in hiring personnel or awarding contracts is forbidden by the city. 3.07.02 No person may be hired who is related within the second degree by affinity (marriage) or within the third degree by consanguinity (blood) to any member of the city council, the city manager, or any other city official. No person may continue in city employment who is related in one of the prohibited degrees unless the employee has been employed continuously by the city for a period of: 1. At least 30 days if the official or member is appointed; 2. At least six months if the official or member is elected at an election other than the general election for state and county officials; or 3. At least one year if the official or member is elected at the general election for state and county officials. (Legal reference: V. T. C.S. Article 5996a, as amended.) 3.07.03 In addition, in the interest of effective management, no personnel action will be taken that would result in any employee's supervising or working in the same department with another employee who is related within the second degree of affinity or the third degree of consanguinity to the supervisory employee. Prohibited degrees of relationship are defined in the charts on the following page. 3.08 TESTING. 3.08.01 Except for drug and psychological tests for certified police and fire employees and any other tests that may be required by state law, the only performance tests administered for employment or promotion are specifically job-related ("piece -of -the -job") tests (e.g., typing, operating a computer, operating a piece of equipment, lifting a heavy item which is regularly required to be lifted in the job, tabulating columns of numbers, providing writing samples, etc.). The city conducts pre-employment qualification testing for certain jobs. The tests vary based on the required qualifications for the particular job. Reasonable accommodations will be made for applicants with a disability if a request for such an accommodation is made in advance of a test. Offers of employment will be conditioned upon the applicant's successfully passing a drug test. 3.08.02 All required psychological, drug, and physical tests are paid for by the city. Any subsequent services needed as a result of the tests, however, are the full responsibility of the applicant or employee. 14 11/15/93 NEPOTISM' CHARTS GREAT GRANDFATHER GREAT GRAND- MOTHER NIECE GREAT GRANDDAUGHTER GREAT GRANDSON GRANDMOTHER SISTER GRANDFATHER FATHER MOTHER OFFICER SON F R s T E G R DAUGHTER E E GRANDDAUGHTER s E C 0 11L.. D BROTHER GRANDSON D E' G R E E NEPHEW AUNT UNCLE FIGURE 1 — CONSANGUINITY KINSHIP CHART GRANDMOTHER SISTER GRANDFATHER FATHER MOTHER OFFICER'S SPOUSE SON DAUGHTER F R s T E G R E E GRANDDAUGHTER E C 0 N GRANDSON BROTHER D ....E. G R E E FIGURE 2 — AFFINITY KINSHIP CHART * Spouses of relatives within the first or second degree of consanguinity (i.e., son-in-law, mother-in-law, brother-in-law, sister-in-law, etc.) are also included in the prohibition. (Legal Reference: V. T.C.S. Article 5996h.) 15 11/15/93 3.09 PHYSICAL STANDARDS. 3.09.01 For certain classes of jobs, prospective employees are required to undergo a medical examination after a conditional offer of employment has been extended. In each instance, the examining doctor is provided a copy of the appropriate job description and is required to certify that the prospective employee is physically able to perform the essential duties of the job. 3.09.02 In addition to the physical examination required by the city for prospective employees in certain job categories, prospective employees for any regular full-time certified position in the police or fire department are required to be tested by a licensed physician and declared in writing by the physician to show no trace of drug dependency or illegal drug usage. In addition, prospective new employees for active or reserve police officer certification must undergo an examination by a licensed psychologist or psychiatrist and be declared in writing by the psychologist or psychiatrist to be in satisfactory psychological and emotional health. The required examinations are made by a physician and psychologist or psychiatrist of the city's choice. (Legal reference: Police only — V.T. C.A., Government Code, Section 415.057.) 3.09.03 All records relating to the medical condition, medical testing, or drug testing of an employee or prospective employee are maintained separately from employee personnel files. These medical files are maintained in the personnel manager's office, are confidential, and are not released to anyone unless a "need to know" has been clearly established. Only the city manager and the personnel manager have access to employee medical records. (Legal reference: Americans with Disabilities Act of 1990.) 3.10 VERIFICATION OF ELIGIBILITY TO WORK. In order to comply with the Immigration Reform and Control Act of 1986; each new employee is required to complete and sign an INS Form 1-9 within three days of his or her first day of employment to provide proof of his or her identity and employment eligibility. (Legal reference: Federal Immigration Reform and Control Act of 1986.) 3.11 DRIVING RECORD. 3.11.01 Every city employee who is required to drive a city vehicle or operate a piece of city equipment which requires a valid driver's license must maintain a safe driving record. For this reason, upon being offered employment, but prior to actual hire by the City of Round Rock, the applicant must provide the city with an official copy of his or her driving record, which can be obtained from the Department of Public Safety in Austin, Texas. The city may recheck an employee's driving record as needed after employment in such a capacity. 3.11.02 An employee in such a job must report any citations received which will go onto his or her driving record. Failure to report a citation received is grounds for disciplinary action. 3.11.03 Loss of the appropriate driver's license required to hold a position is grounds for disciplinary action up to and including discharge. 16 _ 11/15/93 3.12 DISQUALIFICATION. An applicant is disqualified from employment by the city if he or she: 1. Knowingly has made a false statement on the application form; 2. Has committed fraud during the selection process; 3. Is not legally permitted to hold the position; 4. Has offered or attempted to offer money, service, or any other thing of value to secure an advantage in the selection process; 5. Is not able to perform the essential functions of the position, with or without reasonable accommodation; 6. Has failed to submit the application correctly or within the prescribed time limit; or 7. Has failed to produce within three days of employment original legal document(s) that establish identity and employment eligibility. (Legal reference: V. T. C.A., Government Code, Title 4, Section 415.057; Federal Immigration Reform and Control Act of 1986.) 3.13 PRIOR SERVICE WITH THE CITY. Employees entering service with the city who have had prior service with the city may be considered for appointment above the customary entry salary step for the pay range in which the employee is hired. A break in continuous service with the city, however, forfeits vacation, sick leave, and longevity benefits accrued prior to the break, and accrual rates for leave purposes are the same as for new employees. 3.14 PLACEMENT ON CITY PAYROLL. New employees must report to the personnel manager before or during their first day of employment to fill out employment forms and be scheduled for new employee orientation. 3.15 ORIENTATION AND TRAINING. Before an individual begins performing his or her actual duties, he or she will be given a brief orientation by the supervisor for whom he or she will be working or by that person's designated representative. The purpose of the session is to enable a new employee to understand better his or her job and the relationship of the job to the overall operation of the city. The orientation includes, but is not limited to, items on the Employee Orientation Checklist. During the orientation, employees are given information about the city's benefits programs and a copy of the Personnel Policies and Procedures which is theirs to keep. Employees are expected to read this copy of the Personnel Policies and Procedures within two weeks and to sign a statement that they have read and understood the policies contained in the manual. 17 11/15/93 4.00 TYPES OF EMPLOYMENT 4.01 CATEGORIES OF EMPLOYMENT. 4.01.01 There are four categories of employment with the city: 1 Regular Full Time. A regular full-time employee is appointed to an authorized regular position that involves, on the average, at least 40 work hours per week. Regular full-time employees may be either hourly or salaried employees. 2. Regular Part Time. A regular part-time employee is appointed to an authorized regular position that involves, on the average, at least 30 but fewer than 40 work hours per week. Part-time regular employees may be either hourly or salaried employees and are categorized as either half time or three-quarters time. 3. Temporary Full Time. A temporary full-time employee is an employee hired to work an average of 40 hours per week for a period of time which is normally specified in advance and is expected to last less than one year. Temporary full- time employees may be either hourly or salaried employees. 4. Temporary Part Time. A temporary part-time employee is an employee hired to work an average of fewer than 40 hours per week for a period of time which is normally specified in advance and is expected to last less than one year. Part- time temporary employees are paid on an hourly basis. 5_ Intern. An intern is a temporary part-time or full-time employee who is currently enrolled full time in high school or at a college or university. Employment normally is reviewed and renewed or terminated each semester and may last beyond one year. Students employed as interns normally receive grade credit(s) for their internship. Interns may be hourly, salaried, or unpaid employees. 4.01.02 See Benefits chapter of these policies for details of benefits available to each category of employees. 4.02 ASSIGNED STAFF. Staff who are assigned to the city but are paid directly by another government or private organization are not employees of the city. These employees' benefits are specified in the contract for services. As a condition of their assignment, such staff are governed by all terms of these policies not in conflict with their contract for services. 18 11/15/93 5.00 EMPLOYEE COMPENSATION AND ADVANCEMENT 5.01 PAY. A pay plan covering all city positions is established each year by the city council in the city's adopted operating budget. 5.02 PAYDAYS. The pay period for the city is biweekly (once every two weeks). Checks are issued on alternate Fridays for each 14 -day period ending at 5:00 p.m. on the Friday preceding the pay date. If the payday falls on a holiday, checks will be issued on the last working day preceding the holiday. Departments which are excepted from this policy are the Library, Public Works, and Fire Departments. 5.03 CHECK DELIVERY. 5.03.01 Paychecks will not be issued other than on the days set out above. 5.03.02 Each department head, or someone authorized to do so in his or her absence, is responsible for picking up the paychecks for employees in that department from the city payroll office on paydays. Paychecks are distributed to individual employees by their department heads or by an individual delegated this responsibility within each department. Only the employee himself or herself, or someone with a prior written authorization from the employee, or someone with a bona fide written power of attorney for the employee, may receive the check in person. 5.03.03 No salary advances or loans against future salary will be made to any employee for any reason. (Legal reference: Texas Constitution, Article 111, Sections 51, 52, and 53.) 5.03.04 An employee must bring any discrepancy in a paycheck (such as overpayment, underpayment, or incorrect payroll deductions) to the payroll clerk's attentionbefore cashing the check. 5.04 PAYROLL DEDUCTIONS. 5.04.01 Any deductions must be approved and authorized by the city manager. Deductions are made from each employee's pay for the following: 1. Federal Social Security and Medicaid; 2. Federal income taxes; 3. Court ordered child support; 4. Texas Municipal Retirement System contributions (for regular full-time employees and covered part-time employees); and 5. Any other deductions required by law. 19 11/15/93 5.04.02 In accordance with policies and general procedures approved by the city manager, deductions from an employee's pay may be authorized in writing by the employee for: The portion not paid by the city of group health/medical and life insurance premiums for employees or dependents; Supplemental deferred compensation; and Such other deductions as may be authorized by the city manager. 5.04.03 If there is a change in the employee's family status, address, or any other factor affecting his or her payroll withholding or benefits status, the employee is responsible for obtaining, completing, and returning to the personnel office the appropriate forms for communicating these changes. 5.05 CLASSIFICATION PLAN. The city maintains a classification plan which assigns each class of positions to a pay range based on the principle of equity among positions requiring similar knowledge, skills, and abilities and having similar levels of responsibility. 5.06 PAY PLAN. Pay ranges for each group are established by a pay plan which is approved by the city council. 5.07 CLASSIFICATION AND PAY ADMINISTRATION. 5.07.01 A new employee normally is hired on Step A of the pay range to which the. position is assigned. A new employee may not be hired above Step A without specific written approval from the city manager. 5.07.02 A new employee, or a current employee being considered for promotion, whose qualifications or experience for the position sought are marginal, may be placed at a step on the pay plan below Step A of the assigned pay range for the position. An employee hired below Step A will be advanced to the proper step after a period of introductory employment not to exceed six months, if the employee is to remain in that position. The department head, after consultation with the city manager, is authorized to extend the introductory period beyond six months for a period of time not to exceed an additional six months. Introductory hiring should not be used for current employees who meet all job qualifications, but only for those whose qualifications fall short of the job's stated requirements, and who may take a longer than normal time to meet the job requirements fully. 5.08 COST -OF -LIVING ADJUSTMENTS. 5.08.01 During budget deliberations for the coming year, the city council may authorize a cost -of -living pay increase. 20 11/15/93 5.08.02 When cost -of -living adjustments (COLAs) to the pay schedule are approved by the city council, the entire pay schedule is increased by a specific percentage to reflect the adjustment. When such adjustments occur, all employees whose salaries are assigned to steps within that pay schedule receive a salary increase automatically on the effective date of the COLA. Each employee remains in the same pay range and step previously assigned, but the salary for that range and step is increased by the approved amount. In the event that an employee's salary exceeds range maximum, a cost -of -living adjustment will be given only if necessary to maintain that employee's salary at the maximum (the top step in the appropriate pay range). Salaried employees receive the percentage amount of the cost -of -living increase. 5.09 PAY RANGES AND STEPS. Within the general guidelines of the pay plan and the budget, the city manager is authorized to determine the appropriate pay range to which each position is allocated and the pay to which the particular employee is assigned. An employee who is designated exempt from the pay plan is paid within maximums set in a budget approved by the city council. 5.10 PROMOTIONS. 5.10.01 A promotion is a change in the duty assignment of an employee which results in advancement to a position in a higher pay range requiring higher qualifications and involving greater responsibility. A promoted employee will always receive a pay increase of at least five percent or whatever amount is required to place the employee's salary at the entry level in the new range, whichever is higher. 5.10.02 Promotions are approved by the city manager within the staffing pattern and budget limits approved by the city council. Employees who are able to perform the essential functions of the job, with or without reasonable accommodation, may be eligible for consideration for a promotion if and when a vacancy occurs. 5.10.03 Upon promotion, an employee serves an introductory period of six months in the new position. 5.11 LATERAL TRANSFERS. 5.11.01 A lateral transfer is the movement of an employee between positions in the same pay range within the city. Lateral transfers may be made within the same department or between departments if a vacant position is available and the employee can perform the essential functions of the job, with or without reasonable accommodation. An employee who is laterally transferred is subject to the six-month introductory period. 5.11.02 If a position is reclassified but remains assigned to the same pay range, no pay adjustment will take place. 21 11/15/93 5.12 DEMOTIONS. 5.12.01 A demotion is a change in duty assignment of an employee to a job title which is classified in a lower pay range. Demotions may be made for the purpose of voluntary assumption of a less responsible position, as a reasonable accommodation for an employee with a disability, as a result of a reclassification of the employee's position, or as a disciplinary measure because of unsatisfactory performance in a higher level job. 5.12.02 If a position is reclassified downward because of changes in the city's needs and not because of a performance problem on the part of the employee, the city will maintain the employee's salary at its prior level if possible. However, if the reclassification is made because of an employee's performance problems or the voluntary assumption of a less responsible position, the employee's pay normally will be adjusted downward by at least the equivalent of a one -range decrease. 5.13 PAY REDUCTION FOR DISCIPLINARY REASONS. An employee's pay for continued performance in the same position may be reduced, as a disciplinary measure, to a lower rate. The period covered by this type of disciplinary action may not exceed 60 days. 5.14 LONGEVITY PAY. In accordance with state statutes, the city pays each city police officer and firefighter longevity pay in the amount of $4.00 per month for each full year of service with the city, with accrual beginning at the end of the first full year and increasing each year by $4.00 per month up to a maximum of 25 years of service ($100.00 per month). (Legal reference: V.T.C.A. Local Government Code, Section 141.032.) 5.15 CERTIFICATION PAY. 5.15.01 If a particular level of certification is required for a person to hold the position, that certification is not compensable as certification pay. 5.15.02 Police, Fire, and Water and Wastewater Department personnel are compensated for attaining level(s) of certification above that required for holding the position to which assigned as follows: First Level Second Level Third Level $30 per month $40 per month $50 per month 5.16 LUMP SUM, END -OF -YEAR REWARDS. 5.16.01 The city may, but not necessarily will, reward most or all city employees with an end -of -year, lump -sum payment, at the discretion of the city council. Rewards of this nature may be given if: 22 11/15/93 1. A pool of funds for this tentative purpose has been set aside in the budget established by the city council at the beginning of the fiscal year; and 2. The city council considers that the city overall performance of the city staff justifies granting such rewards and authorizes the city manager to make the disbursements. 5.16.02 The amount of any lump -sum, end -of -year rewards granted to employees are established at the discretion of the city manager within guidelines, if issued by the council. If this type of reward is authorized and granted, the amount of the reward will normally be included in the paycheck for the first pay period in December. Any employee who is not on the payroll on the date established will not receive the reward. 5.17 APPROVING AUTHORITY. The city manager is the approving authority for all payrolls and payroll transfers granted under the terms of (1) these policies, (2) the classification and pay plans, and (3) the annual budget. The city manager approves merit pay increases provided that funds have been specifically set aside for that purpose by the city council. Any merit increases granted by the city manager must be consistent with (1) these policies, (2) the classification and pay plans, and (3) the annual budget. 23 11/15/93 6.00 WORK SCHEDULE AND TIME REPORTING 6.01 ADMINISTRATIVE WORKWEEK OR WORK PERIOD — MOST DEPARTMENTS. 6.01.01 The official work period for employees in city departments for which separate work periods are not established, either elsewhere in these policies or in written memorandum form approved by the city manager, is a seven-day period beginning at 5:01 p.m. on Friday and ending at 5:00 p.m. on the following Friday. 6.01.02 Normal working hours are Monday through Friday, 8:00 a.m. to 5:00 p.m. with one hour for lunch, for a total of 40 hours per workweek. Morning and afternoon breaks of 15 minutes each are available to each employee, but this time does not accumulate if not taken, and this time cannot be used to after an employee's work hours. 6.01.03 All city employees are expected to report punctually for duty at the beginning of their assigned workdays and to work the full workdays established. 6.01.04 Other hours of work and official work periods for individuals or groups of employees may be set by the department head with the approval of the city manager. (Legal reference: U.S. Fair Labor Standards Act of 1938, as amended; Garcia v. S.A.M. T.A., U.S. Supreme Court 1985; U.S. Equal Pay Act of 1963.) 6.02 WORK PERIOD AND SCHEDULES — POLICE. 6.02.01 Police Work Periods and Work Schedules. The police chief sets the work schedule for police personnel and notifies them in writing of their work schedule assignments. 6.02.02 Tour of Duty. The term "tour of duty" is a unique concept applicable only to section 207(k) employees. This term refers to periods of time when a patrol officer is considered to be on duty for purposes of determining compensable hours. The time may be scheduled or unscheduled. Scheduled time includes "shifts" and is the time the employee is regularly assigned. Unscheduled time is spent in work outside the "shift." Even though the specific work performed may not have been assigned in advance, the time must be included in the compensable tour of duty. 6.02.03 In accordance with the exception allowable under Section 207(k) of the Fair Labor Standards Act (F.L.S.A.) and 29 C.F.R. Part 553, the city has established a 28 -day work period for its certified patrol officers: 1. The official work period for patrol officers consists of 28 days with shifts following a pattern of two days on duty, then two days off, followed by three days on duty and two days off, then two days on duty and three days off. This 14 -day cycle 24 11/15/93 then repeats itself to make up the 28 -day work period. This results in a total of 14 shifts worked each 28 -day work period. In each two-week half of the 28 -day work period, each officer is scheduled to work six 12 -hour shifts and one eight- hour shift, thus working a total of 12 12 -hour shifts and two eight-hour shifts each 28 days (160 hours). However, each officer on each shift is allowed 30 minutes for a meal break during the shift, during which the officer carries a radio and may be required to return to work before the meal break is over if an emergency arises. These meal breaks are free time and do not count as hours worked. The city anticipates the need for each officer to work an additional seven unscheduled hours during each 28 -day work period, as needed and called upon, for such reasons as emergencies, court appearances, or other necessary duty. 2. Each officer works a total of 153 scheduled hours per work period. (160 worktime hours minus seven hours of meal breaks during the 28 -day work period). 3. For patrol officers, the work period begins at 6:00 p.m. on Friday and ends at 5:59 p.m. on Friday, 28 days later. Subsequent work periods follow the calendar in 28 -day cycles. Shift assignments for police personnel are scheduled on a rotating basis, but the work period follows consecutively unless or until there is a need for a permanent change. 6.02.04 City patrol officers have signed a waiver necessary under Local Government Code Section 142.0015(f) and (j) so that their hours can be averaged on a monthly rather than a weekly basis to determine eligibility for overtime compensation. 6.02.05 Regular Hourly Rate. Each patrol officer's regular hourly rate for the purpose of computing the time and one-half overtime pay rate is based on 160 working hours per 28 -day work period; and time and one-half overtime compensation will commence with any time worked beyond 160 hours in a 28 -day period. (Legal reference: U.S. Fair Labor Standards Act of 1938, as amended, and V.T. C.A. Local Government Code, Section 142.0015.) 6.03 WORK PERIOD AND SCHEDULES — FIRE. 6.03.01 Fire Personnel Work Periods and Work Schedules. The fire chief sets the work schedule for fire personnel and notifies them in writing of their work schedule assignments. 6.03.02 In accordance with the exception allowable under Section 207(k) of the Fair Labor Standards Act (F.L.S.A.), the city has established a 21 -day work period for its firefighters. 25 11/15/93 1. The official work period consists of 21 days with each shift consisting of 24 scheduled hours, followed by 48 hours off. Any change in this official work period requires the approval of the city manager. 2. Each firefighter on each shift reports for duty at the beginning of the schedules shift, and is on duty, including meal breaks, for the entire 24 hours, for a total of 168 regularly scheduled hours worked per 21 -day work period. 3. Pay for all firefighting employees is based on their normally working 168 hours each 21 -day work period (seven 24-hour workdays). 6.03.03 Firefighters are paid biweekly. Since full-time firefighters work 168 regularly scheduled hours during each 21 -day official work period, the average number of hours worked each week is 56 hours. Therefore, at the end of each biweekly (14 day) period, each firefighter is paid at the employee's regular straight -time hourly rate for 112 hours (56 hours per week times two weeks). At the end of the biweekly pay period in which the 21 -day official work period ends, each employee is paid not only his or her regular paycheck for 112 hours at the regular, straight -time hourly rate of pay, but is also paid for any overtime hours worked during the 21 -day work period which have not been offset by leave time used. 6.03.04 The Fair Labor Standards Act (FLSA) allows firefighters to work 159 hours each 21 -day work period before becoming eligible for time and one-half overtime pay. Therefore, for up to the first nine hours of overtime (the hours between 159 and 168), each firefighter is paid an additional one-half of his or her regular hourly rate, since the employee has already been paid for those nine hours at the full regular hourly rate in the two paychecks covering the work period. Any hours worked in excess of the 168 normally scheduled hours are then paid in the biweekly paycheck in which the 21 -day work period ended, either at one and one-half times the employee's regular hourly rate, or at straight -time if the employee has used sick or vacation leave during the work period in an amount equal to or greater than the number of overtime hours worked. 6.03.05 Higher Classification Pay for Firefighting Employees. In the event that a firefighter is required to perform the duties of a particular classification other than the job title to which he or she is assigned, he or she will be paid the salary prescribed for that classification provided that the employee has performed in that capacity for at least 12 consecutive hours. The City of Round Rock's classification and pay plan prescribes salary ranges for each position. If the individual's current salary for his or her current classification exceeds the entry level salary (Step A) for the classification in which he or she is temporarily working, that person's salary will not be altered by performing in the other classification. However, if the individual's current salary is below the entry level salary (Step A) for the classification in which he or she is temporarily working, that person's salary will be increased to the entry level salary (Step A) for the higher level position. (Legal Reference: V. T. C.S. Local Government Code Section 141.033.) 26 11/15/93 6.04 SCHEDULE ADJUSTMENTS. Adjustments to the normal hours of operation of city facilities or departments may be made by the city manager in order to serve the public better. Offices may be required to remain open during the noon hour, and lunch periods for some employees may be staggered according to the requirements of the city. 6.05 NUMBER OF HOURS WORKED. The city manager determines the number of hours worked by an employee for the compensation to be received subject to laws governing pay and working hours and to the provisions of the city's budget. 6.06 OVERTIME WORKED. The policy of the city is to keep overtime to a minimum. However, employees may be required to provide services in addition to normal hours or on weekends or holidays. Overtime is defined as hours worked in excess of the allowable number of hours under the Fair Labor Standards Act (F.L.S.A.). In the city, overtime commences after 40 hours per seven-day workweek for all non -police and non - firefighting personnel; 160 hours per 28 -day work period for patrol officers; and 159 hours per 21 -day work period for firefighting employees. 6.07 EXEMPTIONS FROM F.L.S.A. (OVERTIME COMPENSATION). 6.07.01 Department heads, and other executive, administrative, and professional employees are exempt from the overtime provisions of the Fair Labor Standards Act (F.L.S.A.) and are expected to render necessary and reasonable overtime services with no additional compensation. The salaries of these positions are established with this assumption in mind. (Legal reference: U.S. F.L.S.A. of 1938, as amended.) Extra hours worked by executive, administrative, and professional employees may be used as a factor in granting or denying paid leave other than vacation or sick leave. 6.07.02 Employees engaged in seasonal activities (such as recreational activities which do not operate for more than seven months in any calendar year) are exempted from the minimum wage and overtime provisions of the Fair Labor Standards Act as recreational, seasonal employees. 6.07.03 Each city job description designates whether persons hired in that classification are exempt from or covered by (nonexempt) the overtime provisions of the F.L.S.A. 6.08 OVERTIME COMPENSATION. 6.08.01 Nonexempt employees are compensated for overtime worked in one of the manners listed below (listed in order of the city's policy preference). Each department head is responsible for making a proper determination of the appropriate method based on the individual situation. 1. Equal time off within the same work period (one week for most employees, 28 days for patrol officers and 21 days for firefighters); or 27 11/15/93 2. Compensatory time off at one and one-half times the number of hours worked, up to the maximum of 60 hours of compensatory time (representing 40 overtime hours worked), should be allowed to accumulate for non -fire employees, and no more than 90 hours (representing approximately 60 hours worked) for fire employees; or 3. If specifically authorized by the department head, payment at the rate of one and one-half times the employee's regular hourly rate. 6.08.02 When police officers volunteer or are assigned by the Police Chief to work overtime at an official civic or public special event for which the city is compensated, the officers so assigned will be paid for the special event overtime hours actually worked at the time and one-half hourly rate regardless of whether they had used vacation or sick leave during the official work period in which the overtime occurred. 6.09 HOLIDAYS WORKED. 6.09.01 The city's basic policy is that each regular employee receives a specified number of paid holidays per year, as set forth in these policies. In most instances, if a regular employee is required to work on a scheduled holiday, he or she will be given an alternate day off, preferably within the same workweek or work period. (See "Work During Holidays" section for a more detailed discussion of this policy.) 6.09.02 An employee subject to the overtime provisions of F.L.S.A. who is required to work a full 40 hours, including the holiday, will receive extra time and one-half pay for each hoiir worked in excess of 40 hours. Holiday time is considered as time worked for the purposes of determining when an ernployee has reached his or her maximum allowable hours (40 per week for non -law enforcement personnel, 160 hours per 28 -day work period for patrol officers, and 159 hours per 21 -day work period for firefighters) without being subject to overtime pay. See the Holidays chapter of these policies for details as to how holiday time is accrued and used by police officers and firefighters. (Legal reference: U.S. Fair Labor Standards Act of 1938, as amended.) 6.10 LEAVE TAKEN AND OVERTIME. If a full-time employee who is subject to the overtime provisions of F.L.S.A. is required to work extra hours during a workweek in which he or she has used sick leave, vacation leave, or any other type of released time except holiday time, the employee will be given either hour -for -hour time off or pay for the extra hours at the employee's regular straight -time rate of pay for up to 40 hours of work during that workweek. For hours actually worked in excess of 40 per week (160 for patrol officers during a 28 -day work period and 159 for firefighters during a 21 -day work period), the employee will be compensated (with compensatory time off, if mutually agreed upon in advance, or through pay) at one and one-half times the regular rate of pay for the number of extra hours worked which were not offset by the leave time hours taken. (See Holidays chapter of these policies for additional information regarding holiday leave usage.) 28 11/15/93 6.11 TIME REPORTING. 6.11.01 Employees must keep records of all hours worked and released time taken and, where appropriate, hours credited to particular projects. Forms for this purpose are provided by the city. 6.11.02 Time records must be signed by the employee and by the employee's immediate supervisor. It is recommended that these forms be completed after each day's work in order to maintain an accurate and comprehensive record of the actual time spent on particular projects. 6.11.03 Each department head is responsible for ensuring that all hours worked and leave time taken are reported on the time sheets sent to the payroll office as well as being recorded on the individual department's records. 6.12 "ON-CALL" OR "STANDBY" TIME. 6.12.01 The vital nature of certain city services requires that some employees be available in an "on-call" or "standby" status in the evenings and over holidays and weekends to ensure the continuity of those vital services. Employees who are on-call are required to wear a beeper and to respond immediately when notified to report to work by the beeper. Response time should not exceed 20 minutes. The employee who is on-call is not restricted to a specific location provided he or she can meet the 20 -minute response time. 6.12.02 When city employees are assigned to be nn -rail for a full workweek, the person(s) designated as on-call receive an additional $30.00 of standby pay for a one- week period. If an employee is called in to work while on-call, the employee receives compensation for the total number of hours actually worked at the overtime rate of one and one-half times the employee's regular hourly rate in addition to the $30.00 on-call supplement. 29 11/15/93 7.00 BENEFITS 7.01 MEDICAL AND LIFE INSURANCE. 7.01.01 Regular full-time and regular part-time (at least 30 hours per week) employees of the city are eligible for the group hospitalization and medical insurance coverage. Premiums for full-time employees are paid in full by the city. The city pays three-quarters of the employee only portion of the premiums for regular part-time employees who work at least 30 hours per week (see Categories of Employees). Eligible employees may add dependent coverage at the employee's expense. 7.01.02 Upon employment, each employee who is expected to become eligible for insurance coverage is given an insurance booklet containing detailed information about the city's insurance programs and amendments as provided by the city's insurance carrier. See section on Continuation of Group Insurance for information on continued coverage after certain status changes. 7.02 SOCIAL SECURITY. All employees of the city are covered by social security. The city also contributes to the social security system for each employee. 7.03 PENSION PLAN. 7.03.01 The city is a member of the Texas Municipal Retirement System (T.M.R.S.), a non-traditional joint contributory, defined contribution plan. Membership in the retirement system is mandatory for all regular full-time employees (defined by T.M.R.S. as an employee who works in excess of 1,000 hours per year). Both the employee and the city contribute to the employee's retirement account. Employees who leave city employment prior to retirement will, after filing a request with T.M.R.S., be refunded their portion of the retirement account plus interest earned on their portion. 7.03.02 Retirement benefits are determined by a formula that involves life expectancy at the time of retirement, the amount deposited in the employee's account, the future interest rate assumption as set by law, and which of the benefit payment plans the employee selects. Each eligible new employee receives a brochure about the city's specific retirement coverage and options under T.M.R.S. at the time of employment. 7.03.03 Additional information about retirement is contained in the Separations chapter of these policies. 7.04 SUPPLEMENTAL DEFERRED COMPENSATION. The city offers its employees a supplemental deferred compensation program which allows employees to defer a portion of their gross salaries up to an established maximum per year. Under this plan, the amount of salary which is deferred is not taxed in the current year; also, both the salary deferred and the earnings it generates are permitted to accumulate without being 30 11/15/93 subject to taxes until the employee receives payments from his or her account. Further details of this voluntary program are distributed during employee orientation. 7.05 WORKERS' COMPENSATION. All employees of the city are covered by the workers' compensation insurance program, and the city pays the premium. This coverage provides medical and salary continuation payments to employees who receive bona fide, on-the-job, work-related injuries. Detailed information about workers' compensation benefits is found in the sections of this manual under the main heading Health and Safety. (Legal reference: V. T.C.S. Article 8306-8309, esp. 8308 et seq.) 7.06 UNEMPLOYMENT INSURANCE. All employees of the city are covered under the Texas Unemployment Compensation Insurance program, and the city pays for this benefit. This program provides payments for unemployed workers in certain circumstances. (Legal reference: V. T.C.S. Article 5221b-1, et. seq.) 7.07 LEAVE TIME. Regular full-time and regular part-time (at least 20 hours per week) city employees are eligible for holidays, vacation leave, sick leave, and other types of released time under certain circumstances. Detailed information about leave and other types of released time is found in the sections of this manual under the main headings Leave Time and Holidays. 7.08 SERVICE PINS. Each year, employees who have completed 5, 10, 15, 20, 25, or 30 years of service with the City of Round Rock are awarded service pins engraved with the number of years of service. Employees are notified as they become eligible for service pins. 31 11/15/93 8.00 LEAVE TIME 8.01 DEFINITIONS. 8.01.01 Leave Time. Leave time is time during normal working hours in which an employee does not engage in the performance of job duties. Leave time may be either paid or unpaid. 8.01.02 Holidays. Holidays are days designated by the city when city offices are closed on what otherwise would be regular business days. 8.01.03 Unauthorized Absence. An unauthorized absence is one in which the employee is absent from regular duty without the permission of the supervisor and/or the department head. Employees are not paid for unauthorized absences and such absences are subject to disciplinary action. 8.02 APPROVAL OF LEAVE. 8.02.01 All leave taken by city employees must be approved by the employee's supervisor and department head. Copies of signed leave forms are sent to the payroll office for recording on the central leave records. Payroll records are verified against these leave records. 8.02.02 Department heads are responsible for determining that leave has been accrued and is available for use in the amounts requested by an employee. In addition, department heads are responsible for ensuring that all vacation and sick leave usage is recorded on the time sheet sent to the payroll office for payroll purposes, as well as being recorded in the individual's department. In the case of a disagreement, the central payroll records will control. 8.03 VACATION LEAVE. 8.03.01 All regular full-time and regular part-time city employees who work at least 20 hours per week are eligible to accrue paid vacation leave. Employees are encouraged to take regular vacations at least annually. 8.03.02 New employees may not take vacation leave during the six-month introductory period, and if termination occurs during the first six months of employment, no payment will be made for accrued vacation. 8.03.03 After completion of the six-month introductory period, 48 hours of vacation (84 hours for firefighters) are credited to the employee's account. Vacation leave will not be paid to any employee separated during the introductory period. 32 11/15/93 8.03.04 Regular, full-time, non -firefighting employees earn vacation leave as follows: 8.03.05 Regular full-time firefighters earn vacation leave as follows: Length of Service Length of Service Vacation Leave Earned Completion of six months 48 hours Six months to one year 48 additional hours More than one year but Tess than 3 years 96 hours per year More than 3 years but Tess than 10 years 120 hours per year Ten years of service and longer 144 hours per year 8.03.05 Regular full-time firefighters earn vacation leave as follows: Length of Service Vacation Leave Earned Completion of six months 84 hours Six months to one year 84 additional hours More than one year but Tess than 3 years 168 hours per year More than 3 years but less than 10 years 240 hours per year Ten years of service and longer 312 hours per year 8.03.06 A regular employee whose work schedule involves 20 hours or more per week earns vacation leave at either one-half or three-quarters of the regular, full-time accrual rate (see Categories of Employees). The same restrictions apply during the introductory period. 8.03.07 Temporary employees (full-time or part-time) and regular part-time employees who work fewer than 20 hours per week do not earn vacation leave. 8.03.08 After the six-month introductory period, vacation leave is credited to the employee's account on the last day of the month in which it was earned. 8.03.09 Accumulation and Carryover of Vacation Leave. Employees are encouraged to use their accrued vacation leave each year as it is earned. Unused vacation leave of no more than two years of accrual at the employee's current accrual rate can be carried over to the next year. Annually, on the employee's anniversary date, any vacation leave balance in excess of these maximums is reduced to the maximums without compensation. 8.03.10 Payment for Unused Vacation Leave Upon Separation. When an employee leaves the service of the city, he or she will be paid for accrued but unused vacation leave not to exceed the maximums cited above. The rate of pay will be determined by the salary rate in effect at the time of termination. 33 11/15/93 8.03.11 Scheduling Vacation Leave. Supervisors should encourage their employees to schedule vacations and request leave well in advance, and vacation schedules must accommodate the city's work schedule. Provided departmental workloads will permit, employees should be allowed to select their desired vacation periods. If there is a conflict in vacation schedules involving two or more employees, employees are granted their preference on a "first come, first served" basis. If two requests are received at approximately the same time and cover the same requested vacation period, the supervisor will use their discretion. If the desired leave schedules conflict with city requirements, the city's requirements are given first consideration. A vacation leave request in excess of 10 working days must be submitted by the employee at least two weeks in advance and must be approved by the department head. An employee may take earned vacation leave in increments of one hour or more. 8.03.12 Use of Vacation Leave. Regular, full-time employees are charged with the actual number of hours they would have worked when they take a full vacation day. Use of vacation leave for Tess than a full day(s) is recorded in increments of one hour or more. 8.03.13 Selling Vacation Leave. Under hardship circumstances the city manager is authorized to pay an employee for up to 40 hours of vacation leave per fiscal year. When such a payment is made, the city manager will document the situation and the action taken, and that documentation will be placed in the employee's personnel file. 8.04 COMPENSATORY LEAVE. See the section of this manual under the main heading Work Schedule and Time Reporting, specifically the section on "Overtime Compensation," for information about earning compensatory time and using compensatory leave credits. 8.05 SICK LEAVE. 8.05.01 An employee with accrued sick leave may use it if the employee is absent from work due to: 1. Personal illness or physical or mental incapacity; 2. Medical, dental, or optical examinations or treatments; 3. Medical quarantine resulting from exposure to a contagious disease; or 4. Illness of a member of the employee's immediate family who requires the employee's personal care and attention. For this purpose, immediate family is defined as the employee's spouse, child(ren), or any relative of the employee who resides in the employee's household. 8.05.02 Accrual of Sick Leave. Regular full-time and regular part-time employees who work in excess of 20 hours per week are entitled to paid sick leave after the completion 34 11/15/93 of the introductory period. At that time, 48 hours of sick leave (72 hours for firefighters; or the proportional amount for part-time employees) are credited to the employee's account; but paid sick leave cannot be taken during the six-month introductory period. After the introductory period, eight hours per month (or the proportional amount for part- time employees and 12 hours per month for firefighting employees) of sick leave is credited to an employee's account on the last day of the month in which it was earned. 8.05.03 Use of Sick Leave. Accrued sick leave can be used by regular full-time or eligible part-time employees only after completion of the employee's first consecutive six months of employment. If an employee is absent with permission because of illness during the first six months of employment, the missed number of hours' pay will be subtracted from the employee's regular pay before a paycheck is issued. 8.05.04 Notification Requirements. Approval of sick leave for non -emergency medical, dental, or optical appointments must be secured at least one day in advance. In all other instances, the employee must notify his or her supervisor or department head not more than 15 minutes after the beginning of the scheduled work time on the first day of absence, unless emergency conditions exist, and must request that approval of sick leave be granted. Some departments may require earlier advance notification. The employee also must call the supervisor each subsequent day he or she will be out on sick leave unless other arrangements are made. 8.05.05 Failure to provide the required notice may result in the employee's being placed on leave -without -pay status and may result in disciplinary action against the employee. Employees are expected to return to work as soon as they no longer need to take sick leave. Immediately upon returning to work, employees who have been absent on sick leave must complete the required form for sick leave approval. 8.05.06 Regular, full-time, non -firefighting employees are charged with eight hours of sick leave for each full day they are absent on approved sick leave; patrol officers who are sick on a 12 -hour shift assignment day are charged with 12 hours of sick leave. Regular, full-time, firefighting employees are charged with 24 hours of sick leave for each full day they are absent on approved sick leave. 8.05.07 Excessive use of sick leave without adequate justification may result in disciplinary action, including dismissal. 8.05.08 Verification. A department head or the city manager may request an employee to furnish, and the employee must provide upon request, written verification by a third party (approved by the city manager) supporting the request for sick leave benefits. 8.05.09 Accumulation of Sick Leave. Sick leave not used by regular employees during the year in which it accrues and is available for use in succeeding years up to a maximum allowable accumulation of 720 hours (90 calendar days) for regular, full-time, non -firefighting employees and 1,080 hours for firefighting personnel (90 calendar days). 35 11/15/93 Annually, on the last day of the fiscal year, any sick leave balance in excess of the maximum is reduced to the maximum without compensation to the employee. 8.05.10 Exhaustion of Sick Leave. An employee who has exhausted accrued sick leave benefits may request to use accumulated vacation or other paid leave or may request leave of absence without pay. No advance of unearned sick leave benefits will be made for any reason. 8.05.11 Illness While on Vacation Leave. When an illness or physical incapacity occurs during the time an employee is on vacation leave, accrued sick leave may be granted to cover the period of illness or incapacity and the charge against vacation leave reduced proportionately. Application for such substitution must be supported by a medical statement or other acceptable evidence if requested. 8.05.12 Buy Back of Accrued Sick Leave at Termination. The number of sick leave hours on the books for current employees on the payroll at January 1, 1994 will be computed into a dollar figure based on the employee's hourly wage at that time. This dollar figure will be "banked" for potential payment to the employee upon termination (maximum of 66 days from 10/1/87 to 1/1/94). 8.05.13 The employee will continue to accrue sick leave; however, the "new" sick leave (sick leave earned after January 1, 1994) will not be paid upon termination. If the employee becomes ill, sick leave hours used will be deducted from the "new" sick leave. If the "new" sick leave is exhausted, then he or she may begin to draw from the leave bank amount accrued prior to January 1, 1994. Leave drawn out of the employee's leave bank will be drawn in current salary dollar amounts. 8.05.14 Cancellation Upon Termination. Any unused sick leave accrued after January 1, 1994 is cancelled upon termination of employment without compensation to the employee. 8.06 SHORT-TERM DISABILITY LEAVE 8.06.01 An employee who has been employed continuously by the City of Round Rock for at least the previous 12 months, and has worked at least 1,250 hours during those 12 months in a regular position, may qualify for paid short-term disability leave. This type of paid leave must be approved by the personnel office and is available only if the employee has a serious medical problem which requires that he or she continue to be away from work after having exhausted all of his or her accrued sick and vacation leave. The maximum amount of leave allowable under this policy is 40 hours. 8.06.02 If the employee is still unable, for medical reasons, to return to work after using the 40 hours of short-term disability leave, the employee may continue to be paid for up to a maximum of 240 additional hours (30 eight-hour days) if other city employees are willing to donate their accrued sick or vacation leave to the employee's account for this 36 11/15/93 purpose. At the end of the 240 -hour period, the employee must (1) request family and medical leave (see section of this chapter dealing with this type of leave); or (2) request a leave of absence without pay (other than family and medical leave); or (3) return to work; or (4) submit a resignation from city employment. If the employee returns to work, he or she will be returned either to the same position held before the leave began or to a position equivalent to the previously held position in pay, benefits, and other conditions of employment. 8.06.03 Any short-term disability leave granted to an employee will be considered a part of the employee's maximum of 12 aggregate workweeks allowable in any 12 -month period under the family and medical leave provisions of these policies. 8.07 FAMILY AND MEDICAL LEAVE. 8.07.01 Eligible Employees. To be eligible for family leave, an employee must have been employed continuously by the City of Round Rock for at least the previous 12 months and have worked at least 1,250 hours during those 12 months in a regular position. This policy applies equally to male and female employees. However, if both spouses are employed by the city, and the reason for the leave is to care for a newly arrived child or a sick parent, 12 weeks is the aggregate family leave limit for both. Temporary employees are not eligible for family leave. 8.07.02 Eligible Circumstances. An eligible employee is entitled to 12 unpaid workweeks of leave during any 12 -month period for three purposes: (1) birth or placement for adoption or foster care of a child (only within 12 months of the birth or placement); or (2) a serious health condition of a spouse, child, or parent; or (3) the employee's own serious health condition. A serious health condition is one that requires either inpatient care or continuing treatment by a health care provider. 8.07.03 Calculation of 12 -Month Period. The 12 -month period for eligibility for leave is calculated on an individual employee basis in a uniform manner for all employees. The 12 -month period is measured forward from the date any employee's first Family and Medical Leave Act (FMLA) leave begins. 8.07.04 Definition of Family Members. "Son or daughter" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in the place of a parent. The child must be under 18 years of age or an individual 18 years of age or older who is incapable of self-care because of a mental or physical disability. "Spouse" means a husband or wife as defined or recognized under state law for purposes of marriage, including common law marriage. 8.07.05 Limitations/Restrictions. Leave may be taken on an intermittent or reduced basis for the birth or adoption of a child only if the arrangement is agreed to by the city. However, leave for serious health conditions — either of an eligible family member of the 37 11/15/93 employee or the employee — may be taken intermittently or on a reduced schedule if medically necessary, provided the other conditions of these policies are met. 8.07.06 Temporary Transfer. If the employee's request for intermittent leave is foreseeable based on planned medical treatment, the city may require the employee to transfer temporarily to an alternative position, with equivalent pay and benefits, that better accommodates recurring periods of leave. 8.07.07 Maximum Duration. The total cumulative maximum period of time which an employee may be absent from work on family leave during any 12 -month period is 12 weeks, regardless of whether all or a portion of the leave period is paid or unpaid. If an employee has accrued sick, vacation, or personal leave on the books at the time the family leave commences, the employee must exhaust those leave balances before being eligible for unpaid family leave. Once the employee's leave balances have been exhausted, including banked sick leave, the city will then provide enough unpaid family leave to total 12 weeks. During the unpaid portion of an employee's family leave period, the employee accrues no additional vacation leave, sick leave, or any other type of leave. 8.07.08 Part-Time/Variable Hour Employees. Where an employee normally works a part-time schedule or variable hours, the amount of leave to which an employee is entitled is determined on a pro rata or proportional basis. 8.07.09 Notice. In the case of leave for birth or placement of a child, an employee must provide at least 30 days' advance notice before the date on which the leave would begin. If the employee is unable to provide 30 days' notice, he or she must provide as much notice as is practicable, usually within one or two business days of the date the employee is aware of the need to request leave. In the case of leave for a serious medical condition, if the leave is foreseeable based on planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as not to disrupt unduly the city's operations. The same advance notice requirements apply. 8.07.10 Certification of Condition. An employee requesting a paid or unpaid leave of absence for extended illness or temporary disability must submit to the city manager a medical doctor's statement as to the date upon which the employee is no longer able to perform his or her duties or a statement that the employee is needed to care for a spouse, parent, or child, with the expected length of the recuperation period or an estimate of the time required to care for the family member, and appropriate medical facts regarding the condition. In addition, the employee must also provide the city manager with a written statement from the employee concerning his or her intentions about returning to work at the city. An employee on family leave must contact the appropriate city department head at least once each workweek to report on his or her condition. The city may also require subsequent recertifications as reasonably needed. Failure to provide required medical status reports or to contact the office on the schedule required by the city manager is grounds for disciplinary action. 38 11/15/93 8.07.11 Second, Third Opinions. The city may require a second opinion, and, if conflicting, a third opinion from a health care provider as to the need for and scheduling of family leave. The second and third opinions, if sought and obtained by the city, will be paid for by the city and will be obtained from independent health care providers who are not employed by the city. If a third opinion is necessary, the third opinion obtained is final. 8.07.12 Return to Work/Assurances. After completion of an approved family leave period, an employee will be returned either to the same position he or she held before the leave began or to a position equivalent to the previously held position in pay, benefits, and other terms and conditions of employment. This policy may be modified for "key employees", defined as those salaried employees in the top 10 percent of the city's workforce. Key employees will be notified in advance of their status. Regardless of whether the family leave period is paid, unpaid, or a combination of paid and unpaid, the employee's health insurance coverage will be continued in the same manner and at the same level as it would have been had the employee continued in employment for the duration of the family leave period. However, should the employee decide, at any time after family leave begins, that he or she will not return to work at the city, the employee must reimburse the city for health coverage premiums paid by the city on behalf of the employee during the family leave period unless the reason for not returning to work is the continuation, recurrence, or onset of a serious health condition, or other circumstances beyond the employee's control. This is subject to certification. 8.07.13 Retention of Benefits. An employee on family leave does not lose any previously accrued seniority or employment benefits, but does not earn any leave credits or other benefits during the unpaid portion of the leave. After returning to work from family leave, an employee receives an adjusted employment date and adjusted anniversary date which reflect the period of time the employee was on unpaid family leave. The adjusted date will be used for the purpose of calculating leave accrual and any other benefits based on longevity. 8.07.14 Summary of Act. The city has posted a summary of the Family and Medical Leave Act on its central bulletin board for employees' information. (Legal reference: Family and Medical Leave Act of 1993 (P.L. 103-3).) 8.07.15 Request for Extension of Family and Medical Leave. If an employee requests additional unpaid leave beyond the 12 -week maximum allowable under the family and medical leave provisions of these policies, any extension granted will be under the terms set out in the section of these policies headed Other Leaves of Absence Without Pay. Employees should read the referenced section carefully and understand the differences between these two types of leaves before requesting an extension. 8.07.16 Documentation. All documentation regarding family leave will be filed in the employee's medical file, which is maintained separate from the personnel files and is 39 11/15/93 accessible to a limited number of persons only on a "need -to -know" basis. (Legal reference: U.S. Americans with Disabilities Act of 1990.) 8.08 OTHER LEAVES OF ABSENCE WITHOUT PAY. 8.08.01 Leave of absence without pay is an approved absence from duty in a non -pay status for not more than six months unless an extension is approved by the city manager. Extensions of leave, including using this type of leave to extend family and medical leave beyond the 12 -week limit, may be authorized by the city manager in no more than one-month intervals, and a careful review must be conducted prior to authorizing any extension. The reason(s) for granting the extension must be documented in writing in the employee's personnel or medical file, as appropriate. 8.08.02 Granting a leave of absence without pay is at the discretion of the city manager. Such leave is not authorized unless all applicable accrued paid leave has been exhausted and there is a reasonable expectation that the employee will return to employment with the city at the end of the approved period. Approval of the leave must be documented with a copy of the documentation to be placed in the employee's personnel or medical file, as appropriate. Employees on leave of absence without pay receive no compensation and accrue no benefits. However, previously accrued leave balances, benefits, and seniority are retained during leaves of absence unless otherwise prohibited by the terms of the benefit programs. Medical insurance can be continued if the employee pays the premiums (including the city's portion) in full in a timely manner. The city's insurer may limit the length of time that the medical benefits may be continued. 8,08.03 Revocation of Leave Without Pay. A leave of absence without pay may be revoked upon receipt of evidence submitted that the cause for granting the leave was misrepresented, or has ceased to exist. 8.08.04 Authorized Reasons for Leave Without Pay. A leave of absence without pay may be appropriate for the following reasons: 1. Military service (see also the section on this type of leave); 2. Recovery from extended illness or temporary disability beyond the 12 -weeks allowable under the family leave section of these policies (see also the section on Family and Medical Leave); 3. Educational purposes when successful completion will benefit the city; 4. Public service assignments; 5. Personnel exchange programs which emphasize intergovernmental relations; or 6. Any other reason which, in the judgment of the department head and the city manager, merits a leave of absence without pay. 40 11/15/93 8.08.05 Conditions. An employee requesting an unpaid leave of absence must provide the department head with a statement from an appropriate third party as to the date upon which the employee is no longer able to perform his or her duties and the expected length of time needed. In addition, the employee must furnish the city with a written statement from the employee concerning his or her intentions about returning to work at the city. In determining whether or not to approve the request for leave without pay, the department head will consider the employee's length of service with the city and past performance, the department's needs, and the prospect for temporary replacement of the employee or reassignment of the employee's duties. 8.08.06 Reporting Requirements. An employee on extended leave must contact the appropriate city supervisor at least once each pay period to report on his or her status. Failure to provide required medical status reports or to contact the office on the schedule required by the city may result in the city revoking the leave and taking disciplinary action. 8.08.07 Documentation. A summary of the basis for the decision to grant or deny an unpaid leave of absence and the terms of the leave will be prepared by the city manager or his or her designee and placed in the employee's personnel file. 8.08.08 Return to Work After Leave Without Pay. Upon returning to work after an authorized leave of absence without pay, an employee receives an adjusted employment date and adjusted anniversary date which reflect the period of time that the employee used for leave of absence. This adjusted date will be used for the purpose of calculating vacation leave accrual and any other benefits that may be based on longevity. 8.08.09 At the expiration of an authorized leave of absence without pay, every effort will be made to reinstate the employee in the same, or a comparable, position. However, if the city was unable to replace the employee with a temporary employee, no vacancy exists, and if a reasonable effort to place the employee in another position has been unsuccessful, the employee will be separated and paid accrued benefits. (See also section on Military Leave for specific provisions relating to leave of absence without pay for military service.) 8.09 EMERGENCY LEAVE. 8.09.01 No more than three days (24 hours for all full-time, regular employees) per year of emergency leave with pay may be granted to regular employees by the city manager in the event of (1) a death in an employee's immediate family, or (2) serious illness of a member of the employee's immediate family who requires the employee's personal care and attention if sick leave is not available or if the employee elects not to use it for this purpose. The length of time granted (number of hours or days) for a specific emergency leave must be approved by the assistant city manager in advance and will depend on the circumstances. The terms of, reasons, and length of leave time approved for the leave must be documented and filed in the employee's personnel file. 41 11/15/93 8.09.02 For purposes of emergency leave, "immediate family" includes spouse, child, parent, brother, sister, grandparents of an employee, employee's spouse, or any relative living in the employee's household. 8.10 ADMINISTRATIVE LEAVE. The city manager may authorize administrative leave, with or without pay, when warranted by unforeseen circumstances not otherwise provided for in these policies. 8.11 INJURY LEAVE. For information on occupational disability or injury leave for bona fide, on-the-job, work-related injuries, see the sections in this manual under the main heading Health and Safety. 8.12 USING LEAVE IN COMBINATION. 8.12.01 When an employee who is on sick leave has exhausted his or her accrued sick leave, the employee will automatically be placed on vacation leave if (1) the employee has accrued vacation leave available, and (2) the employee has not requested a temporary leave of absence without pay. 8.12.02 Sick leave cannot be used for vacation purposes when vacation leave is exhausted. 8.12.03 With the approval of the employee's department head, other types of leave may be used in combination or coupled with holidays if it is determined to be in the best interests of the city and the employee. Other types of leave and the related eligibility requirements are discussed earlier in this chapter. 8.13 MILITARY LEAVE. 8.13.01 Regular employees who have completed the six-month introductory period and are members of the State Military Forces or members of any of the Reserve Components of the Armed Forces of the United States are entitled to leave of absence from their duties, without loss of time, seniority, or benefits on all days during which they are engaged in authorized training or duty ordered by proper authority, not to exceed 15 working days in any one federal year. Employees will continue to receive pay from the city. Military leave in excess of 15 working days will be charged to vacation leave or leave without pay. 8.13.02 Regular employees who have completed the introductory period who are ordered to extended active duty with the state or federal military forces are entitled to all of the reemployment rights and benefits provided by law upon their release from active duty. 8.13.03 Requests for approval of military leave must have copies of the relevant military orders attached. 42 11/15/93 (Legal reference: V. T. C.A., Government Code, Section 431.005 V. T. C.S. ; Article 6252- 4a; 38 U.S. Code Ann. Chapter 43.) 8.14 JURY DUTY/CIVIL LEAVE. 8.14.01 Employees are entitled to civil leave with pay for jury duty, for serving as a subpoenaed witness in an official proceeding, and for the purpose of voting. 8.14.02 When an employee has completed civil leave, he or she must report to the city for duty for the remainder of the workday. If the employee will be absent from work for more than one workday on civil leave, he or she must notify the appropriate supervisor daily at the beginning of the workday. 8.15 ABANDONMENT OF POSITION. Unauthorized absence from work may be considered by the department head as a resignation. Unless the department head determines otherwise, the resignation is not in good standing, and the employee is not eligible for reemployment. 43 11/15/93 9.00 HOLIDAYS 9.01 GENERAL POLICY. 9.01.01 The following normally are observed as paid holidays for regular non -police, non - firefighting employees who work at least 20 hours per week: New Year's Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day and the Friday following Thanksgiving Christmas Eve and Christmas Day 9.01.02 Employees who are members of religious faiths which celebrate widely recognized religious holidays that are not also city holidays may substitute one or more of those days for one or more of the holidays !fisted above. provided that the substitution is practicable considering the employee's job and the needs of the department. 9.01.03 Temporary employees (either full-time or part-time) or employees who work fewer than 20 hours per week are not paid for holidays except for holiday hours actually worked. 9.01.04 Regular part-time employees who work at least 20 hours per week are paid for holidays based on the number of hours they would have worked if the holiday had been a regular workday. 9.01.05 The city manager may designate other holidays in accordance with directions from the city council. Whenever an approved holiday falls on a Saturday or Sunday, it will be observed on the Friday preceding or the Monday following, as determined by the city manager. 9.0t06 An employee who is absent without written approved leave or is on leave without pay on the workday immediately preceding or following a holiday will not be paid for the holiday. 44 11/15/93 9.02 HOLIDAYS FOR PATROL OFFICERS AND FIREFIGHTERS. 9.02.01 Since police patrol and fire protection must be provided around-the-clock and year-round, those city departments cannot close on holidays. To provide equivalent holiday leave time to these employees, the city has established policies for holiday leave accrual and usage for these departments much like the city's vacation leave policy. Police patrol officers earn holiday leave credits as the holiday occurs, the same amount of holiday time off as provided to other city employees. Firefighters earn holiday leave credits at the rate of 12 hours per month, for a total of 144 hours per year, reflecting the greater number of hours worked per year by firefighters than by other city employees. This leave can be used in one -day or multiple -day increments with the approval of the employee's supervisor and department head. 9.02.02 Holiday leave time is not carried over into the next fiscal year. Employees are encouraged to take their holiday leave within the scheduled year. 9.03 WORK DURING HOLIDAYS. 9.03.01 It is not always feasible to grant holidays at the scheduled time, especially for employees who are assigned shifts on an "around-the-clock" operation. With the approval of the city manager, a department head who finds it a business necessity to do so may direct some or all employees of the department to report for work on a holiday. 9.03.02 The city's basic policy is that each regular employee receives a specified number of paid holidays per year, as set forth in these policies. In most instances, if a regular employee is required to work on a scheduled holiday, he or she will be given an alternate day off, preferably within the same workweek or work period. 9.03.03 An employee subject to the overtime provisions of F.L.S.A. who is required to work a full 40 hours, including the holiday, will receive extra time and one-half pay for each hour worked in excess of 40 hours. Holiday time is considered as time worked for the purposes of determining when an employee has reached his or her maximum allowable hours (40 per week for non -law enforcement personnel, 160 hours per 28 -day work period for patrol officers, and 159 hours per 21 -day work period for firefighters) without being subject to overtime pay. (Legal reference: U.S. Fair Labor Standards Act of 1938, as amended.) 9.03.04 For nonexempt police and firefighting employees, holiday time accrues monthly, and holiday time off is scheduled in advance by mutual agreement between the employee and the supervisor. Once a holiday is scheduled by mutual agreement, if an emergency necessitates that the employee be called in to work all or part of that day, then the employee will be compensated for the holiday hours worked, either by being granted equivalent holiday time off during the same official work period or by being paid at time and one-half for the number of holiday hours actually worked. 45 11/15/93 9.03.05 If an employee who is nonexempt, and is not a firefighter or a patrol officer, is scheduled to work on a holiday and receive an alternate day off for the holiday, but the employee is sick on the holiday, his or her sick leave account will be charged for the number of hours that would have been worked that day. The employee will then be charged holiday time on the alternate holiday off. However, if an employee is scheduled to work on a holiday and receive premium pay for the hours worked, rather than being given an alternate day off, and he or she is sick that day, the time will be charged to holiday time and will be paid at the regular straight -time rate of pay rather than at the premium rate. 9.04 HOLIDAYS FALLING ON NON -WORKDAYS. Whenever a holiday on the current year's list of approved holidays falls on a regular, non -police, non -firefighting employee's regular day off and the employee does not work that day, the employee either will receive an additional day off for the holiday, or will be paid as though the employee had worked his or her regularly scheduled number of hours on the holiday (eight hours for most regular employees) prior to the overtime. If the employee has used sick or vacation leave during the same work period in which the holiday occurred, the provisions of these policies titled "Leave Taken and Overtime" apply. 9.05 HOLIDAY DURING VACATION. If an official holiday falls within a regular, non - police, non -firefighting employee's vacation, the employee will be granted the holiday and not charged for a day of vacation. 46 11/15/93 10.00 HEALTH AND SAFETY 10.01 SAFETY POLICY. It is the policy of the city to make every effort to provide healthful and safe working conditions for all of its employees. 10.02 EMPLOYEE RESPONSIBILITIES AND REPORTS. 10.02.01 Employees are responsible for conducting their work activities in a manner that is protective of their own health and safety, as well as those of other employees. 10.02.02 An employee must report every on-the-job accident, no matter how minor, to his or her supervisor, and complete an accident report, within 24 hours. The supervisor is responsible for filing a written accident investigation report with the personnel office. Both reports must be turned into the personnel office by the end of the first workday following the accident. 10.02.03 Investigation. In preparing the accident investigation report, the supervisor must identify the following: 1. Type, time, and location of accident; 2. Description of accident; 3. Injury: type and extent; 4. Property damage: type and extent; 5. Employee(s) or person(s) involved; and 6. Accident cause factors. 10.02.04 Disciplinary Action. If the accident was found to be caused by the employee's negligence or unsafe action, appropriate disciplinary action will be taken, up to and including dismissal. 10.02.05 Failure to report an on-the-job injury, no matter how minor, is grounds for disciplinary action. 10.03 EMPLOYEE SUGGESTIONS. 10.03.01 Employees shall report immediately to their immediate supervisors any conditions that in their judgment threaten the health and safety of employees or visitors. 10.03.02 Employees are encouraged to make suggestions to their supervisors for improvements that would make the city workplace safer or more healthful. 10.04 ON-THE-JOB INJURIES. 10.04.01 Insurance. The city provides workers' compensation insurance for all of its employees. This insurance provides medical expenses and a weekly payment if an 47 11/15/93 employee is absent from work because of a bona fide, on-the-job, work-related injury for more than one week. All workers' compensation insurance claim forms must be submitted to the personnel manager immediately for appropriate action to be taken. (Legal reference: Workers' Compensation Act, V. T.C.S., Article 8308.) 10.04.02 Medical Attention. An employee who sustains a bona fide, on-the-job, work- related injury may seek medical attention from the medical facility or professional of his or her choice. The city encourages employees to return to work as soon as they are able to do so. An employee returning to work must submit a physician's statement of medical condition and release to return to work. As determined by the city manager, at the city's expense, an employee may be required to submit to examination by an independent physician. (Legal reference: Workers' Compensation Act, Articles 8306-8309, V. T. C.S.) 10.04.03 Initiation of Injury Leave. An employee who is put on leave for a bona fide, on-the-job, work-related injury will be provided with a copy of the city's policy on "On -the - Job Injuries" prior to or as soon after the beginning of the leave as is feasible. Injury leave begins on the first scheduled workday of absence due to on-the-job injury and continues until the employee returns to work, his or her eligibility expires, or the employee is removed from injury leave coverage by the city manager. 10.04.04 Compensation. If an employee sustains a bona fide on-the-job, work-related injury which renders him or her unfit for performing the duties of the job, he or she must file a workers' compensation claim and will receive workers' compensation payments as authorized under state statute. In addition, the employee will receive a supplemental payroll check from the city. The supplemental check from the city will be in an amount that, when added to the workers' compensation payment, equals the employee's regular "take-home" pay (that is, the employee's gross salary minus income tax, social security/medicare deductions, and any other regular, authorized deductions). 10.04.05 An employee receiving workers' compensation payments does accrue vacation, sick leave, or longevity pay, and is entitled to receive any lump -sum, end -of -year rewards which may be authorized by the council for payment to other employees. 10.04.06 Duration of Injury Leave. The maximum duration of occupational disability or injury leave is six months unless an extension is expressly authorized by the city manager. Requests for extension may be authorized in writing after careful review by the city manager, in no more than 30 -day increments. 10.04.07 Termination of Injury Leave. Injury leave with pay may be terminated at any time without prior notice. Evidence that the employee, while able to return to work, has not done so, will be submitted to legal and medical advisors prior to terminating the leave. 10.04.08 Continuation of Group and/or Dependents' Medical Insurance. The city will continue to pay the city's portion of the employee's group medical insurance for a period of time not to exceed 120 days for an employee on injury leave. To continue group 48 11/15/93 and/or dependents' medical insurance after the 120th day on which the employee is on injury leave and no longer receiving a regular city paycheck, the employee must pay both the employee's and the city's portions of these insurance premiums to the city. 10.04.09 Exclusion. Injuries caused by willful intent and attempt to injure self or to unlawfully injure another, intoxication, horseplay by the injured employee, an act of God except in certain limited circumstances (i.e., assigned to official duty during a hurricane, lightening storm, etc.), or act of a third party for personal reasons are excluded specifically from coverage by injury leave with pay. (Legal reference: Workers' Compensation Act, V.T. C.S. Article 8308.) 10.04.10 Reporting Requirements. While on leave because of a bona fide, on-the-job, work-related injury, each time the employee sees the physician for consultation or treatment, he or she must provide a progress report to the appropriate city supervisor, who passes the report along to the department head, personnel office, and assistant city manager. Any change in the employee's condition which might affect his or her entitlement to workers' compensation payments must also be reported to the appropriate supervisor. In addition, the injured employee must contact his or her supervisor periodically to report on his or her condition. Failure to provide the required medical status reports or to contact the supervisor on the schedule required by the city is grounds for revoking the employee's leave and for taking disciplinary action. 10.04.11 Return to Service. A written statement from the attending physician certifying that the employee has been released to return to work and specifying the type(s) of work he or she is capable of performing as well as any limitation(s) must be received by the city before an employee may return tc work. All employees on injury leave must return to work after approval of either the employee's attending physician or an independent physician paid by the city. Failure to return to work when directed will result in appropriate disciplinary action. 10.04.12 Upon receipt of a release to return to work, the city may require the employee to submit to a medical examination to determine whether the employee can perform the essential functions of his or her position, with or without reasonable accommodation. If the employee cannot perform the essential functions of the position, or if the employee is a qualified individual with a disability and he or she cannot perform the essential functions of the position with or without reasonable accommodation, the employee will be terminated. The city's efforts to reasonably accommodate the employee will be conducted in accordance with applicable law. 10.04.13 Temporary Light Duty Status. During the course of an on-the-job injury leave of absence, if an employee is released by his or her physician for light duty, the employee's job or alternative job assignment(s) will be evaluated for a determination of whether a position is available in which the city can use the employee's limited services for an interim period of time. If no acceptable light duty assignment can be found, the 49 11/15/93 employee will be placed on inactive status until released by the physician to return to his or her previous job. 10.04.14 An employee who is able to return to work in light duty status is a temporary employee and may be required to work in a different department and perform duties not contained within his or her current job duties. When an employee is assigned to light duty status and performing different duties, he or she will be paid according to the level of pay that he or she would receive for the light duty job if the assignment were the result of a reorganization. A Tight duty assignment cannot exceed 90 days. In addition, the employee may receive workers' compensation payments in a reduced amount. 10.04.15 Final Release or Settlement. At the time of final release or settlement of a workers' compensation claim, the employee must furnish the city with a certificate from the employee's physician stating the status of the employee's physical condition and an anticipated return to work date. 10.05 DRUG-FREE WORKPLACE. 10.05.01 The following policy has been adopted to implement the City of Round Rock's desire to establish itself as a Drug -Free Workplace. In all instances where reference is made to alcohol, drugs, or other controlled substances, the references include inhalants. 1. All employees of the city are notified that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace of the City of Round Rock. In addition, the city prohibits employees from being under the influence of alcohol, drugs, or inhalants in the workplace or while on duty for the city. Employees who violate this policy will be subject to immediate dismissal. 2. The City of Round Rock has established a drug-free awareness program providing information about the dangers of drug abuse in the workplace, the city's policy of maintaining a drug-free workplace, available drug counseling and rehabilitation, and the penalties that may be imposed on employees for drug abuse violations occurring in the workplace. 3. Each employee of the city is furnished a copy of the policy in this manual. 4. Each employee of the city will abide by the terms of this policy and will notify the city of any conviction for a violation of a drug law occurring in the workplace no later than five days after the conviction. 5. The city will notify any funding agency so requiring within 10 days after receiving notice under the above paragraph from an employee or otherwise receiving actual notice of such conviction. 50 11/15/93 6. Any employee so convicted will be subject to serious disciplinary action up to and including immediate dismissal. 7. The city will make a good faith effort to continue to maintain a drug-free workplace through the implementation of this policy. (Legal reference: U.S. Drug -Free Workplace Act of 1988, as amended; Texas Workers' Compensation Act, V.T.C. S. Article 8308.) 10.05.02. Drug and Alcohol Testing After Accident. An employee who is involved in an accident may be required to submit to drug and alcohol testing immediately following the accident if the department head or chief of police has reasonable suspicion or probable cause to believe illegal substances were involved. Failure to submit to the required testing will result in disciplinary action up to and including discharge. 51 11/15/93 11.00 USE OF CITY VEHICLES 11.01 GENERAL POLICY. 11.01.01 It is the intent of this policy to enhance safe vehicle operation and to help prevent accidents which can cause harm to people and property. 11.01.02 Employees are required to observe applicable state and local laws while operating a City of Round Rock vehicle. Any employee operating a city vehicle must possess a valid Texas driver's license of the appropriate class. 11.02 DRIVING RECORD VERIFICATION. Upon being offered employment, but prior to actual hire by the City of Round Rock, the applicant must provide the city with an official copy of his or her driving record. This record can be obtained from the Department of Public Safety in Austin, Texas. 11.03 MAJOR MOVING VIOLATION. Major moving violations, such as driving while intoxicated, hit and run, manslaughter involving the use of a motor vehicle, or any other felony involving operation of a motor vehicle, are grounds to withdraw an offer of employment. For current employees these violations may result in removal from a driving position and disciplinary action which may result in discharge and possible prosecution. 11.04 ACCIDENTS AND NON -FELONY VIOLATIONS. Each incident will be investigated by the appropriate supervisor and a police department representative. Appropriate disciplinary action will be recommended by the supervisor. In the event of a major accident involving personal injury, the police department representative may request assistance from the Texas Department of Public Safety. A written report will be presented to the department head and personnel department. If a ticket is issued to an employee while operating a city vehicle, the employee must attend a certified defensive driving course. The employee will be required to pay for the defensive driving course as well as the ticket, if applicable. Traffic violations, accidents, or other evidence of improper conduct involving the operation of motor vehicles may result in disciplinary action up to and including termination. 11.05 PERSONAL USE PROHIBITED. 11.05.01 Personal use of city vehicles is prohibited except for the following uses: 1. Employees authorized to use a city vehicle to commute to and from the work site. 2. Employees operating clearly marked and unmarked police and fire vehicles. 3. Employees on "on-call" status. 52 11/15/93 4. Other authorized personnel as designated by the department head. 11.05.02 Each department is required to maintain a list of drivers who routinely take a city vehicle home and to submit a copy of the list to the personnel office. 11.06 TAX REQUIREMENT FOR USE OF CITY VEHICLE. 11.06.01 The federal tax code requires employers who allow employees to use vehicles for personal use, including commuting to and from work, to include the fringe benefit value of that use as income. Treating the fringe benefit value of that use as income makes the income subject to federal withholding and social security taxes. The value of a commute is computed at $3.00 per day. It is the responsibility of an employee to report personal use of a city vehicle to the finance department for proper reporting. 11.06.02 However, some vehicles and their use are classified as "qualified non -personal use," causing 100 percent of the value of that use to be excluded from the employee's income. Examples of qualified non -personal use vehicles follow: 1. Clearly Marked Police and Fire Vehicles. Any personal use (other than commuting) of the vehicle outside the limit of the police officer's arrest powers or the firefighter's obligation to respond to an emergency must be prohibited by the City. 2. Unmarked Law Enforcement Vehicles. Personal use must be authorized and must be necessary to help enforce the law, such as being able to report directly from home to a stakeout or to an emergency. Use of an unmarked vehicle for vacation or recreation trips cannot qualify as an authorized use. 3. Passenger Buses Used as Such with a Capacity of at Least 20 Passengers. 4. Utility Vehicles. Pickup trucks or vans are not considered qualified non - personal use vehicles unless they have been clearly marked and specially modified with items such as light bars or permanent, side -mounted utility consoles or, in the case of vans, permanently mounted shelving. taking up the entire cargo area. Additionally, and this is important, the employee must be using the vehicle for a specific duration and intent - such as being on-call or in anticipation of a likely emergency. Note that an employee living in Austin and taking a truck (outfitted with Tight bars) home would be subject to tax withholding unless the employee was specifically assigned to on-call status. The Internal Revenue Service (IRS) may apply a more stringent interpretation. 11.07 MAINTENANCE REQUIREMENTS. Employees who operate city -owned vehicles are responsible for maintaining weekly maintenance logs and for reporting any defect(s) in the mechanical equipment to the city shop. 53 11/15/93 11.08 TRANSPORTING OF UNAUTHORIZED PERSONS. When on-call or making a night emergency call, no employee may transport an unauthorized person. Any individuals to be transported must be authorized in advance by the appropriate department head, who must submit a copy of the signed authorization to the personnel office. 11.09 EMPLOYEES WHO DRIVE PERSONAL CARS ON CITY BUSINESS. 11.09.01 Employees who drive personal cars on city business must provide proof of the employee's personally purchased liability insurance to the city. The liability insurance policy amounts must be in accordance with state statutes. 11.09.02 If an employee is in doubt about a circumstance related to his or her use of a city vehicle or any other piece of equipment, supplies, tool, or materials purchased with taxpayer funds, the employee must check with his or her supervisor before proceeding. Violations of any of the provisions of this policy may result in discharge and possible prosecution. 54 11/15/93 12.00 SEPARATIONS 12.01 TYPES OF SEPARATIONS. All separations of employees are designated as one of the following types: • Resignation; • Retirement; • Reduction in Force; • Dismissal; • Disability; or • Death. 12.02 RESIGNATION. The city requests that an employee who intends to resign provide his or her supervisor with 10 working days' advance notice of the resignation. The supervisor shall immediately notify the department head. 12.03 RETIREMENT. 12.03.01 The same notice requirements for resignation apply in the case of retirement except that a longer period of advance notice may be required to start retirement payments promptly. 12.03.02 See the sections of this manual under the main heading of Benefits for additional information on retirement. 12.04 REDUCTION IN FORCE. 12.04.01 An employee may be separated when his or her position is abolished, or when there is either a lack of funds or a lack of work. 12.04.02 When reductions in force are necessary, decisions on individual separations will be made after considering (1) the relative necessity of each position to the organization, (2) the performance record of each employee, (3) transferability of the employee's skills to remaining positions with the city, and (4) the employee's length of service with the city. 12.04.03 Employees who have been laid off may reapply to the city for other positions. Former employees who are otherwise equally qualified, will be given priority consideration in the event of a vacancy. 55 11/15/93 12.05 DISMISSAL. All employees are employed at will and, within the limits of state and federal law applying to public employment, may at any time during their employment, be terminated with or without notice, for any reason or no reason. All terminations require the written approval of the city manager or his/her designee. 12.06 DISABILITY. In cases of long-term disability where an employee is unable to return to work for a period of time which would cause an undue hardship to the city to hold the position open, and if no position is available which the employee could perform with a reasonable accommodation by the city, the employee will be separated from employment with the city. (Legal reference: U.S. Americans with Disabilities Act of 1990.) 12.07 DEATH. If a city employee dies, his or her estate receives all pay due and any earned and payable benefits as of the date of death. In addition, the city council normally will pass a resolution commemorating the deceased employee's service to the city. This commemoration will be appropriate to the deceased employee's service record. 12.08 CALCULATION OF SEPARATION PAY. 12.08.01 Upon separation from city employment, a regular employee who has completed his or her introductory period will be paid for accrued and unused vacation leave up to the maximum allowable accumulation limit. 12.08.02 Payment for such leave balances will be included in the employee's final paycheck and will be calculated in the following manner: 1. The total work time and allowable vacation (see section on "Vacation Leave" to determine allowable vacation) and compensatory leave time for nonexempt employees will be calculated as a total number of hours for which compensation is due. For most full-time employees, the regular hourly rate will be determined by dividing the employee's regular annual salary by 2080 working hours per year; firefighters' regular hourly rate will be determined by dividing their regular annual salaries by 2,912 working hours per year. Part-time regular employees will be compensated on a proportionate basis based on actual hours worked and leave time accrued. Any amount paid for unused vacation will be based on the salary rate in effect for the employee at the time of termination. 2. For employees who are subject to the Fair Labor Standards Act, any overtime hours worked during the employee's final pay period, which have not been compensated through any of the time -off methods described under the "Overtime Compensation" section in these policies, will be paid in the final paycheck at a rate of one and one-half times the employee's regular hourly rate for each overtime hour worked. 56 11/15/93 3. Compensatory time for nonexempt employees, which has been entered and carried on the employee's records at one and one-half times the number of hours worked, will be paid at the employee's regular straight -time rate for the total number of hours on the employee's compensatory time record. Since the compensatory time was recorded at one and one-half times the number of hours worked, the payment for these hours is equivalent to time and one-half pay for the hours actually worked. 12.08.03 Unused sick leave will be canceled upon termination of employment, and the employee will not be compensated for it. The only exception to this provision is any "banked" sick leave on the books at the time of adoption of these policies. 12.08.04 The employee will receive his or her final paycheck within six days of his or her last day of employment. 12.09 DOCUMENTATION OF SEPARATIONS. Reasons for a separation are documented in writing. In a case where an employee resigns, he or she writes a letter or memo stating the reason(s) for and date of resignation. In cases where the employee does not give a written notice, the supervisor and/or the city manager, or his or her designee, documents the reason(s) for the separation. This may be done by letter or memo, but in any case, a Personnel Action Form must also be completed. This form is signed by the supervisor and the city manager. The original is kept in the employee's personnel file, and a copy is given to the employee. This documentation is important and may be instrumental in determining the city's liability, or lack of liability, for unemployment insurance costs. 12.10 CONTINUATION OF GROUP INSURANCE. The federal Consolidated Omnibus Reconciliation Act of 1985 (COBRA) provides individuals with the option of continuing group health and dental insurance coverage, under specified conditions and at the individual's full expense, beyond the date which the insurance would otherwise terminate. The city's personnel manager has information regarding the continuation of these benefits. (Legal reference: U.S. C.O.B.R.A. of 1985.) 57 11/15/93 13.00 GRIEVANCES 13.01 POLICY. 13.01.01 It is the policy of the city, insofar as possible, to prevent the occurrence of grievances and to deal promptly with those which occur. 13.01.02 A grievance may be filed by an employee on one or more of the following grounds: improper application of rules, regulations, and procedures (but not the rules, regulations, and procedures themselves); illegal discrimination based on race, religion, color, sex (including sexual harassment), age, disability, or national origin; improper application of fringe benefits; or improper working conditions. 13.02 FINAL AUTHORITY. An employee may appeal the decision of a supervisor to a department head and, through proper supervisory channels, to the city manager, whose decision is final. 13.03 PROCEDURE. The following procedures are applicable to employees. 13.03.01 Informal Grievances. The first step in the grievance procedure is for the employee to attempt to resolve the grievance by informal conference with his or her supervisor within seven calendar days of the aggrieved incident. If this informal conference does not result in a resolution of the problem(s) that is satisfactory to the employee, he or she may file a formal, written grievance. 13.03.02 Formal Grievances. Formal grievances must be in writing, signed by the employee, and presented to the employee's supervisor within seven calendar days after the alleged grievance occurred. A statement of the specific remedial action requested by the employee must be included in the written grievance. 13.03.03 An employee may be represented throughout the grievance process by a representative of his or her choosing, including another city employee. 13.03.04 After being presented with a written and signed grievance, the supervisor will (1) consult with his or her supervisor and/or department head; (2) meet with the employee and such other persons as may be necessary to gather the facts; (3) attempt to resolve the grievance with the employee and, if requested by the employee, with the employee's representative; and (4) communicate the decision to the employee in writing within seven calendar days after receipt of the grievance, sending a copy of the decision the offices of the city manager and department head. The department head must notify the city manager's office immediately upon learning that a grievance has been filed. 13.03.05 If an employee whose supervisor is someone other than the city manager either receives no written decision from the supervisor within seven calendar days from the date the written grievance was filed, or the employee is not satisfied with the decision, he or 58 11/15/93 she must file a written appeal with the department head within seven calendar days from the date the grievance decision was received or, if no written decision is received, within seven calendar days after the employee filed the formal, written grievance. The department head will (1) review the facts of the grievance; (2) meet with the grievant, grievant's supervisor, and such other persons as may be necessary; (3) attempt to resolve the grievance within seven calendar days after receipt of the grievance; and (4) respond in writing to the employee by the close of the seventh calendar day following the date the written appeal was received, sending a copy to the city manager. 13.03.06 If the employee either receives no written decision from the department head within seven calendar days from the date the appeal was filed, or the employee is not satisfied with the proposed resolution, he or she must file a written appeal with the city manager within seven calendar days. The city manager will review the facts and the file, meet with the parties involved, and respond in writing to the employee within 14 calendar days of the date the appeal was received in the city manager's office. The decision of the city manager is final, except in those cases addressed in Grievances Relating to Sexual Harassment or Discrimination. 13.03.07 Maximum Time Periods. At each stage of the grievance process, the time periods specified are maximums. Grievances should be dealt with promptly and written responses provided as quickly as possible, preferably within seven calendar days in simple grievance matters. 13.03.08 Grievances Relating to Sexual Harassment or Discrimination. If the employee's grievance is related to alleged sexual harassment or discrimination by the employee's immediate supervisor or department head on the basis of race, religion, sex, national origin, age, or disability, then the initial written grievance may, at the employee's option, be submitted directly to the city manager. In such an instance, to allow adequate time for investigation by the city manager or the person he or she designates, the total cumulative time period which would have been allowed at the other steps in the grievance process will be the maximum time period before written resolution of the grievance is to be received by the employee. The decision of the city manager is final. 13.03.09 If the employee's grievance is related to alleged sexual harassment or discrimination by the city manager on the basis of race, religion, sex, national origin, age, or disability, then the initial written grievance may, at the employee's option, be submitted directly to the mayor, who will serve on a panel also including the city attorney and the municipal judge to hear the grievance and rule on it not later than 30 days following receipt of the grievance. The decision of the panel is final. 13.03.10 Documentation. Copies of all documentation relating to the grievance will be forwarded to the city manager's office immediately upon conclusion of each step in the grievance process to be placed in the employee's personnel file. 59 11/15/93 13.03.11 Requirement for Appeal if Dissatisfied. If the employee is dissatisfied with any decision during the grievance process, he or she must appeal to the next step within the established time period. Failure to appeal is a determination that the employee is satisfied with the last decision. 60 11/15/93 14.00 JOB (CLASS) DESCRIPTIONS 14.01 JOB DESCRIPTIONS. The city manager may establish and periodically review an official job (class) description for positions in the city. Job descriptions are written to be in compliance with the Americans with Disabilities Act. (Legal reference: U.S. Americans with Disabilities Act of 1990.) 14.02 REQUESTS FOR CLARIFICATION. In the absence of any request for clarification, each employee is considered to understand the responsibilities assigned to the position which he or she occupies. 61 11/15/93 15.00 PERSONNEL FILES 15.01 GENERAL. 15.01.01 Personnel records, except medical records, are maintained in a central location as designated by the personnel manager. Medical records are kept in a confidential file maintained by the city manager or his or her designee, 15.01.02 Information in an employee's personnel file is public information and must be disclosed upon request unless specific items are excepted from disclosure by law. No information from any record placed in an employee's file will be communicated to any person or organization except by the city manager or by an employee authorized to do so by the city manager. 15.01.03 Each employee may choose whether the city discloses the employee's home address and telephone number to the public on request. If a new employee does not request confidentiality within the first 14 days of employment, the home address and telephone number on file are considered public information, with the exception of police officers, whose addresses and telephone numbers are not public information. Employees may change their elections for disclosure or confidentiality at any time. A form for designating this information as confidential or public is available from the personnel manager's office. (Legal reference: Texas Open Records Act, V. T. C. S. Article 6252-17a.) 15.01.04 An employee or his or her representative designated in writing may examine the employee's personnel file upon request during normal working hours at the city offices. The employee may request copies of items or materials in his or her personnel file but may not remove anything from the file. 15.01.05 When a supervisor or department head requires access to the official personnel file of an employee under his or her supervision for the handling of personnel matters, the personnel manager will provide access to the specific file(s). 15.01.06 Employees are expected to inform their supervisors of any changes in or corrections to information recorded in their individual personnel files such as home address, telephone number, person to be notified in case of emergency, or other pertinent information. The supervisor will notify the personnel manager. 15.02 PERSONNEL ACTION FORM. 15.02.01 The Personnel Action Form is the official document for recording and transmitting to the personnel file each personnel action. This form is used to promote uniformity in matters affecting: Employment Category, 62 11/15/93 Position Title and Classification, Pay Range and Rate, and Other Actions Affecting the Employee's Status. 15.02.02 The Personnel Action Form is completed on the employee's first day of work and again when there is any change in his or her status which relates to employment or benefits. Each Personnel Action Form becomes a permanent part of the employee's personnel file, and a copy is given to the employee each time an action occurs. 15.03 CONTENTS OF PERSONNEL FILES. 15.03.01 An employee's official personnel file may contain at least the following: • An employment record; • A copy of the employee's application for employment/resume; • A copy of the employment offer letter and acceptance; • 1-9 form; • A signed copy of the employee's acknowledgment of having reviewed a copy of the Personnel Policies Manual and any city property and/or equipment; • Employee's job description(s); • Election to Disclose or Keep Confidential Home Address and Home Telephone Number Form; • Personnel Action Forms; • Records of any citations for excellence, awards for good performance, or job- related training/education; • Records of disciplinary action(s); • Performance evaluations; • Copies of any grievances and related materials; • Agreements regarding compensatory time off in lieu of overtime pay; 63 11/15/93 • Picture of employee; • Any other pertinent information having a bearing on the employee's status; and • Any written statements from the employee explaining, rebutting, or clarifying other items in the file. 15.03.02 An employee's personnel file does not contain information regarding an employee's medical record(s), nor does it contain any information relating to drug testing. Medical records are maintained in separate confidential files. 15.04 LEAVE RECORDS. Official records of vacation leave and sick leave accrual and of leave usage are kept for each employee by the personnel manager. Leave records are updated at the end of each pay period. Leave balances are shown on the official record to reflect any remaining leave to which an employee is entitled. It is the responsibility of each department head to provide this information to the personnel manager. 64 11/15/93 16.00 PROFESSIONAL DEVELOPMENT 16.01 GENERAL POLICY. The city encourages its regular full-time and part-time (at least 20 hours per week) employees to take advantage of educational or training opportunities and professional memberships which are related to and will enhance the performance of their work with the city. 16.02 REQUIRED ATTENDANCE AT SEMINARS AND CONFERENCES. When the city requires an employee to attend any educational or training course, conference, or seminar, the city will provide the necessary time off with pay and will reimburse the employee for associated costs, including tuition or registration fees and authorized travel, meals, and lodging. When appropriate, the city may prepay registration fees, hotel costs, and/or airline or other public transportation costs directly to the entity involved. See additional information in the sections of this manual under the main heading Travel and Subsistence. 16.03 TRAINING. 16.03.01 The City of Round Rock promotes and encourages the education and training of city employees in an effort to provide more effective services to city residents. The city manager will work with department heads to: 1. Establish performance standards that evaluate employee efficiency; 2. Develop and conduct training to meet specific departmental needs; 3. Inform employees of job requirements and training opportunities available to increase employee job performance and eligibility for promotion; and 4. Record approved training programs and successful employee completion. 16.03.02 The following categories of training are available to city employees: 1. In -Service Training, sponsored and conducted by the City of Round Rock. 2. Out -Service Training, both job-related and elective, conducted by agencies or organizations other than the city. Job-related out -service training is directly related to improving the employee's job performance, and the employee's attendance and participation are required by the city. Elective out -service training may be taken by the employee to improve eligibility for career advancement, but is not required by the city. 16.03.03 Payment of training expenses by the city: 65 11/15/93 1. Job-related out -service training must have prior written approval of the department head, and sufficient funds must be available in the department's budget to cover the employee's expenses. Expenses incurred by the employee during job-related out -service training, including tuition, travel, meals, and lodging will be reimbursed at established rates upon completion of the training, when such training is required by the city. The employee will receive his/her regular salary while attending such training. 2. Elective out -service training, including tuition, travel, meals, and lodging, may be reimbursed within budgetary limits provided that prior written approval of the department head has been secured. 66 11/15/93 17.00 TRAVEL AND SUBSISTENCE 17.01 GENERAL POLICY. 17.01.01 The policy of the city is that employees are to be reimbursed fully for necessary and reasonable job-related expenses incurred in the authorized conduct of city business, including business-related travel. Except in cases involving in -city use of a personal vehicle, employees must fill out "Request for Travel" forms before travel which involves reimbursable expenses. The request should include an estimate of costs to be incurred. At the discretion of the department head, cash advances may be made. Regardless of whether a cash advance has been made or a request submitted for reimbursement of expenses, all travel expenses are subject to requirements of documentation and reasonableness, and will be honored in conformity with adopted policies and procedures, provided that the travel was properly authorized and that funds are available in the department's budget. In some cases, the city may prepay such expenses as registration fees, hotel costs, and/or airline or other public transportation costs directly to the entity involved. 17.01.02 Expenses which are not permitted under the terms of grants, contracts, or agreements with other agencies will not be charged as costs to those grants, contracts, or agreements. 17.02 IN -CITY TRAVEL. All necessary travel by city employees for authorized conduct of city business within the city is authorized. Reimbursement for meals within the city is allowed only with the advance approval of the city manager. Reimbursement for the use of private automobiles by employees is made monthly upon submission of required report and request forms. (See section on "Personal Vehicle" for mileage rates.) 17.03 OUT -OF -CITY TRAVEL. 17.03.01 Out -of -city travel by city employees is permissible provided that it is authorized in advance by the department head and does not exceed budgetary limitations. Advances or reimbursement for out -of -city travel are based upon the most economical conveyance that is reasonably available. When private automobiles are used for out -of - city travel, reimbursement is allowed on the basis of actual mileage traveled or tourist class air fare, whichever is less. The difference in cost between first-class air accommodations and less -than -first-class air accommodations is unallowable except when less -than -first-class air accommodations are not reasonably available. 17.03.02 In cases where a rental car is used, employees must choose the optional insurance coverage; the city will pay for the insurance cost. 17.04 SUBSISTENCE EXPENSES. Employees engaged in necessary and authorized travel in the conduct of city business will be reimbursed for actual costs of reasonable and 67 11/15/93 documented expenses necessary to conduct the business for the city. Reimbursable subsistence expenses will generally be for food, registration, lodging, official business telephone calls, parking, tolls, taxi, and reasonable gratuities. 17.05 PERSONAL VEHICLE. Where use of a personal vehicle is judged to be the most reasonable means of transportation in the conduct of official city business, reimbursement will be at the maximum rate allowed by the Internal Revenue Service for personal vehicle use for business purposes. Employees are expected to report the shortest distance between points of departure and destinations for all travel. Travel between an employee's residence and the city offices is not eligible for reimbursement. 17.06 EXPENSE REPORT. Within one week of the date the travel was concluded, the employee must complete an "Expense Report" form documenting any actual expenses incurred on the trip which were not prepaid directly by the city to the entity involved. The city will issue a reimbursement check to the employee for allowable out-of-pocket expenses. The expense report must show deduction of the amount of any cash advance given the employee. All reimbursements must be approved by the department head. 17.07 EXCEPTIONS. 17.07.01 Employees who receive monthly automobile allowances are not eligible for mileage reimbursements. Employees who travel in a city -owned vehicle will be reimbursed for the documented actual cost of fuel, oil, or other expenses related to the safe operation of the vehicle which were necessary during the course of the employee's use of the vehicle. 17.07.02 When two or more employees travel in a single automobile, only one employee will receive per -mile or other automobile reimbursements. 17.07.03 Conference registration checks will be made payable only to the organization sponsoring the conference. 17.07.04 Travel and/or moving expenses involving applicants, new employees, or transferred employees may be reimbursed by individual action of the appropriate department head, with approval from the city manager. 17.08 PROHIBITED EXPENDITURES. Costs of personal entertainment, spouse's expenses, amusements, alcoholic beverages, traffic citations, or illegal activities are not allowable for reimbursement. 68 11/15/93 DEFINITIONS Terms used in these policies are defined as follows: ALLOCATION - The assignment of an individual position to an appropriate class on the basis of the type, difficulty, and responsibility of the work performed in the position. As used in these personnel policies, employees are appointed to positions; positions are allocated to classes. ANNIVERSARY DATE - The date recurring yearly upon an employee's regular appointment or date of hire. This date is used principally in matters regarding vacation, sick leave, and other related personnel actions. This date may be adjusted to take into account leave(s) without pay. APPOINTMENT - The employment of a person in a position. Types of appointment include original, introductory, professional, regular, and promotional appointments. BIWEEKLY - Every other week. CERTIFICATION - The process whereby the personnel manager identifies for a department head eligible individuals who have successfully completed all qualifying requirements established by the assistant city manager or department head for appointment. CERTIFICATION PAY - An additional amount of pay which is added to the employee's base pay to recognize the employee's achievement of a level above that required for his or her job in a specific state or nationally recognized certification or licensing program. CITY - The City of Round Rock, Texas. CITY COUNCIL - The City Council of Round Rock, Texas. CITY OFFICERS OR CITY OFFICIALS - City officers or officials include the mayor, every member of the city council, the city manager, the city attorney, the city secretary, the director of planning and community development, the director of public works, the director of finance, and persons acting in the capacity of any of these officers or employees as established in the city's ordinance relating to Standards of Conduct and Financial Disclosure for City Officials. CLASS - A group of positions having similar duties and responsibilities and which can be described by one job title (e.g., secretary). 69 11/15793 CLASS SPECIFICATION (JOB DESCRIPTION) - A written description of the duties, responsibilities, reporting relationships, and requirements for one class of positions. CLASSIFICATION PLAN - An organized inventory of classes of positions arranged in groupings under broad types of functional categories (i.e., administration, public safety, public works) and by level of difficulty of each class. it includes (1) the grouped listing of jobs by title, and (2) the procedures for administering the plan. CONDITIONAL OFFER OF EMPLOYMENT - An offer extended to an applicant by an authorized city department head or supervisor to begin work for the City of Round Rock in a specific position at a specific future date, conditioned upon the applicant's satisfactorily passing the city's required physical examination. CONTINUOUS SERVICE - The employment of more than one year of a city employee, without a termination caused by resignation, discharge, or layoff. DATE OF HIRE - The date of an employee's original appointment to city service. DAYS - Calendar days unless otherwise stated. DEMOTION - A demotion is a change in duty assignment of an employee from a position in one classification to a position in another classification in a lower pay group. An employee who is demoted will have his or her pay reduced to a rate at least one pay step below the rate received before demotion. Demotions are made by the employee's department head with the concurrence of the city manager. DEPARTMENT HEAD - The person in charge of a department or major administrative division, reporting to and designated by the city manager. DISCHARGE OR DISMISSAL - The involuntary separation of an employee from the service of the city. DRUG/ALCOHOL TEST - An immunoassay test will be used for the initial test. All initially positive test results will be confirmed by a gas chromatography/mass spectrometry (GC/MS) test. EXAMINATION - Any device or procedure used in the selection of employees for a position including, but not limited to, oral interviews, written tests, performance tests, evaluation or performance during an introductory period, and an evaluation of education and experience. HOLIDAYS - Holidays are days designated by the city when city offices are closed on what otherwise would be regular business days. 70 11/15/93 ILLEGAL SUBSTANCE - Any of the following substances specified in Schedule I or Schedule 11 of the Controlled Substances Act, 21 U.S.C. 801.812 (1981 and 1987 Cum.P.P.): marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP). INTERN - An intern is a temporary part-time or full-time employee who is currently enrolled full time in high school or at a college or university. Employment normally is reviewed and renewed or terminated each semester and may last beyond one year. Students employed as interns normally receive grade credit(s) for their internship. Interns may be hourly, salaried, or unpaid employees. INTRODUCTORY APPOINTMENT - The employment of a person in a regular position for a working test period during which job performance is evaluated as the basis for consideration for regular appointment. INTRODUCTORY EMPLOYEE - An employee who is serving an introductory period for the position and/or class in which he/she is currently employed. INTRODUCTORY PERIOD - An introductory employee is required to demonstrate his or her ability to perform the assigned duties of a position during the introductory period of the first six months following the original date of hire. Completion of this period does not guarantee employment for any specific period of time. LAYOFF - The separation of an employee from his/her position due to reorganization, the lack of work to be accomplished, or the lack of funds. LEAVE - Authorized or unauthorized absence from an employee's place of work. ORIGINAL APPOINTMENT - The person's first appointment as a city employee. An employee receives a new original date of hire when rehired following resignation or discharge (other than layoff). OVERTIME - Overtime is time worked in excess of 40 hours in the seven day work period defined for the position, OR for sworn police or fire employees, time worked in excess of the limit established for sworn employees for the established work period, as defined by the Fair Labor Standards Act. PAY PERIOD - The pay period for the city is every two weeks. Checks are issued on alternate Fridays for each 14 -day period ending at 5:00 p.m. on the Friday preceding the pay date. PART-TIME EMPLOYEE - A regular part-time employee who is appointed to an authorized regular position that involves, on the average, fewer than 40 work hours per week. Part-time employees may be either hourly or salaried employees. 71 11/15/93 PERSONNEL ACTION - Any action taken with reference to appointment, compensation, promotion, transfer, layoff, dismissal, discipline, commendation, or any other action affecting the status of employment. POSITION - An organizational slot (or job) consisting of a group of duties or responsibilities requiring the full-time or part-time employment of one person. PROMOTION - The advancement of an employee from a position in one class to a position in another class having a higher maximum rate of pay. RECLASSIFICATION - A change in the class level of an individual position by raising it to a higher class, reducing it to a lower class, or by moving it to another class at the same level on a basis of significant changes in kind, difficulty, or responsibility of the work performed in the position. REDUCTION IN PAY - A salary decrease within the limits of the pay range established for a class, generally as a disciplinary action. REGULAR APPOINTMENT - The employment of a person in a regular position, following the successful completion of an introductory period. REGULAR EMPLOYEE - An employee who has successfully completed an introductory period in a regular position. REGULAR FULL-TIME EMPLOYEE - An employee who is appointed to an authorized regular position that involves, on the average, 40 work hours per week. Regular full-time employees may be either hourly or salaried employees. REHIRE - The reemployment, without examination and within one year of separation, of a former employee into the same or lower classification from which the employee separated. REPRIMAND - Oral or written notice of unsatisfactory performance or improper action given as a disciplinary action. RETIREMENT Service - The voluntary termination of a regular employee from a regular position after becoming eligible for and applying to the Texas Municipal Retirement System for retirement benefits. Disability - The termination of an employee due to physical or mental inability to perform the duties of the position after an employee has become eligible for benefits under the Texas Municipal Retirement System. 72 11/15/93 SAFE DRIVING RECORD - A safe driving record will be determined on a case-by-case basis by the appropriate supervisor and a police department representative. SALARY RANGE - The range of salary rates for a class defined in the current pay plan approved by the city council. SALARY RATE - The dollar amount of each step in a salary range; or, the flat dollar amount of salary for a class not having a salary range. SALARY STEP - Each of the fifteen (15) steps defined in the current salary table approved by the city council. SEPARATION - The termination of an employee's employment with the city because of retirement, resignation, death, layoff, or dismissal. SUPERVISOR - An employee assigned responsibility for evaluating subordinate regular employees and for organizing, assigning, and reviewing their work. SUSPENSION - The temporary and involuntary separation of an employee from a position for a specified period of time for disciplinary purposes. SWORN EMPLOYEE - Public safety employee in the police or fire service. TEMPORARY EMPLOYEES Temporary Full -Time Employee - A temporary full-time employee hired to work an average of 40 hours per week for a period of time which is normally specified in advance and is expected to last fewer than 1,000 hours. Temporary full-time employees may be either hourly or salaried employees. Temporary Part -Time Employee - A temporary part-time employee is an employee hired to work an average of fewer than 40 hours per week for a period of time which is normally specified in advance and is expected to last fewer than 1,000 hours. Part-time temporary employees are paid on an hourly basis. TRANSFER - A change of an employee from one position to another position in the same class or a comparable class assigned to the same salary range. VACANCY - A budgeted authorized position which is not occupied. 73 11/15/93 INDEX 8.15 ABANDONMENT OF POSITION 43 11.04 ACCIDENTS AND NON -FELONY VIOLATIONS 52 8.10 ADMINISTRATIVE LEAVE 42 6.01 ADMINISTRATIVE WORKWEEK OR WORK PERIOD - MOST DEPARTMENTS 24 1.08 AFFIRMATIVE ACTION 3 3.05 AGE REQUIREMENTS 13 1.05 APPLICABILITY OF PERSONNEL POLICIES 2 3.06 APPLICATION FOR EMPLOYMENT 13 8.02 APPROVAL OF LEAVE 32 5.17 APPROVING AUTHORITY 23 4.02 ASSIGNED STAFF 18 1.01 AUTHORITY 1 12.08 CALCULATION OF SEPARATION PAY 56 4.01 CATEGORIES OF EMPLOYMENT 18 5.15 CERTIFICATION PAY 22 2.11 CHAIN OF COMMAND 10 1.11 CHANGES TO THESE POLICIES AND EMPLOYEE SUGGESTIONS 4 5.03 CHECK DELIVERY 19 5.07 CLASSIFICATION AND PAY ADMINISTRATION 20 5.05 CLASSIFICATION PLAN 20 2.10 COMMUNICATIONS 9 8.04 COMPENSATORY LEAVE 34 2.08 CONFLICT OF INTEREST - GENERALLY 7 15.03 CONTENTS OF PERSONNEL FILES. 63 12.10 CONTINUATION OF GROUP INSURANCE 57 5.08 COST -OF -LIVING ADJUSTMENTS 20 12.07 DEATH 56 DEFINITIONS 68 8.01 DEFINITIONS (LEAVE TIME) 32 5.12 DEMOTIONS 22 12.06 DISABILITY 56 12.05 DISMISSAL 56 3.12 DISQUALIFICATION 17 1.06 DISSEMINATION OF PERSONNEL POLICIES 2 12.09 DOCUMENTATION OF SEPARATIONS 57 3.11 DRIVING RECORD 16 11.02 DRIVING RECORD VERIFICATION 52 10.05 DRUG-FREE WORKPLACE 50 11/15/93 8.09 EMERGENCY LEAVE 41 10.02 EMPLOYEE RESPONSIBILITIES AND REPORTS 47 2.01 EMPLOYEE RESPONSIBILITIES, GENERAL 6 10.03 EMPLOYEE SUGGESTIONS 47 11.09 EMPLOYEES WHO DRIVE PERSONAL CARS ON CITY BUSINESS 54 3.07 EMPLOYMENT OF RELATIVES (NEPOTISM) 14 1.07 EQUAL EMPLOYMENT OPPORTUNITY 2 17.07 EXCEPTIONS 68 6.07 EXEMPTIONS FROM F.L.S.A. (OVERTIME COMPENSATION) 27 17.06 EXPENSE REPORT 68 8.07 FAMILY AND MEDICAL LEAVE 37 13.02 FINAL AUTHORITY 57 2.07 GIFTS AND GRATUITIES 7 13.01 GRIEVANCES, POLICY 58 13.03 GRIEVANCES, PROCEDURE 58 9.05 HOLIDAY DURING VACATION 46 9.04 HOLIDAYS FALLING ON NON -WORKDAYS 46 9.02 HOLIDAYS FOR PATROL OFFICERS AND FIREFIGHTERS 45 9.01 HOLIDAYS, GENERAL POLICY 44 6.09 HOLIDAYS WORKED 28 17.02 IN -CITY TRAVEL 66 8.12 INJURY LEAVE 42 14.01 JOB DESCRIPTIONS 61 8.14 JURY DUTY/CIVIL LEAVE 43 5.11 LATERAL TRANSFERS 21 15.04 LEAVE RECORDS 64 6.10 LEAVE TAKEN AND OVERTIME 28 7.07 LEAVE TIME 31 5.14 LONGEVITY PAY 22 5.16 LUMP SUM, END -OF -YEAR REWARDS 22 11.07 MAINTENANCE REQUIREMENTS 53 11.03 MAJOR MOVING VIOLATION 52 7.01 MEDICAL AND LIFE INSURANCE 30 3.01 METHODS OF RECRUITMENT AND SELECTION 12 8.13 MILITARY LEAVE 42 6.05 NUMBER OF HOURS WORKED 27 ii 11/15/93 6.12 "ON CALL" OR "STANDBY" TIME 29 10.04 ON-THE-JOB INJURIES 47 3.15 ORIENTATION AND TRAINING 17 8.08 OTHER LEAVES OF ABSENCE WITHOUT PAY 40 17.03 OUT -OF -CITY TRAVEL 67 2.06 OUTSIDE ACTIVITIES 7 6.08 OVERTIME COMPENSATION 27 6.06 OVERTIME WORKED 27 5.01 PAY 19 5.06 PAY PLAN 20 5.09 PAY RANGES AND STEPS 21 5.13 PAY REDUCTION FOR DISCIPLINARY REASONS 22 5.02 PAYDAYS 19 5.04 PAYROLL DEDUCTIONS 19 7.03 PENSION PLAN 30 2.03 PERSONAL RELATIONSHIPS BETWEEN CO-WORKERS 6 11.05 PERSONAL USE PROHIBITED 52 17.05 PERSONAL VEHICLE 68 15.02 PERSONNEL ACTION FORM 62 15.01 PERSONNEL FILES, GENERAL 62 1.10 PERSONS WITH DISABILITIES 4 3.09 PHYSICAL STANDARDS 16 3.14 PLACEMENT ON CITY PAYROLL 17 2.09 POLITICAL ACTIVITY 8 3.13 PRIOR SERVICE WITH THE CITY 17 2.04 PROFESSIONAL APPEARANCE 6 16.01 PROFESSIONAL DEVELOPMENT, GENERAL POLICY 65 17.08 PROHIBITED EXPENDITURES 68 5.10 PROMOTIONS 21 3.02 PUBLIC POSITION ANNOUNCEMENTS 12 2.15 PURCHASING 11 1.04 PURPOSE 1 3.03 QUALIFICATIONS 12 2.02 QUALITY TEAMS 6 12.04 REDUCTION IN FORCE 55 14.02 REQUESTS FOR CLARIFICATION 61 16.02 REQUIRED ATTENDANCE AT SEMINARS AND CONFERENCES 65 12.02 RESIGNATION 55 1.03 RESPONSIBILITY FOR IMPLEMENTATION OF PERSONNEL POLICIES 1 12.03 RETIREMENT 55 ill 11/15/93 10.01 SAFETY POLICY 47 6.04 SCHEDULE ADJUSTMENTS 27 1.13 SEARCHES 5 3.04 SELECTION 13 7.08 SERVICE PINS 31 1.02 SEVERABILITY 1 1.09 SEXUAL HARASSMENT 3 8.06 SHORT-TERM DISABILITY LEAVE 36 8.05 SICK LEAVE 34 1.12 SMOKING PROHIBITION 5 7.02 SOCIAL SECURITY 30 2.12 SOLICITATION OF FUNDS FOR CITY PROJECTS 10 17.04 SUBSISTENCE EXPENSES 67 7.04 SUPPLEMENTAL DEFERRED COMPENSATION 30 11.06 TAX REQUIREMENT FOR USE OF CITY VEHICLE 53 2.13 TELEPHONE USE 10 3.08 TESTING 14 6.11 TIME REPORTING 29 2.05 TIMELINESS AND ATTENDANCE 6 16.03 TRAINING 65 11.08 TRANSPORTING OF UNAUTHORIZED PERSONS 54 17.01 TRAVEL AND SUBSISTENCE, GENERAL POLICY 67 12.01 TYPES OF SEPARATIONS 55 7.06 UNEMPLOYMENT INSURANCE 31 2.14 UNIFORMS 11 11.01 USE OF CITY VEHICLES, GENERAL POLICY 52 8.12 USING LEAVE IN COMBINATION 42 8.03 VACATION LEAVE 32 3.10 VERIFICATION OF ELIGIBILITY TO WORK 16 9.03 WORK DURING HOLIDAYS 45 6.02 WORK PERIOD AND SCHEDULES - POLICE 24 6.03 WORK PERIOD AND SCHEDULES - FIRE 25 7.05 WORKERS' COMPENSATION 31 iv 11/15/93 DATE: December 7„ 1993 SUBJECT: City Council Agenda, December 9, 1993 ITEM: 9B. Consider an ordinance adopting the Personnel Policies and Procedures for the City of Round Rock employees. (First Reading) STAFF RESOURCE PERSON: Bob Bennett/Joanne Land/Linda Gunther STAFF RECOMMENDATION: The attached Personnel Policies and Procedures are a culmination of 18 months of work by the department heads in consultation with all City employees and Ray and Associates. The Policies, as presented, incorporate new State and Federal regulations relating to personnel issues. These include, but are not limited to, sexual harassment, family leave and drug free work place testing. The Policies incorporate our quality philosophy and encourage employees involvement. Two other items addressed that are different from the old policies are "at will" employment and putting a cap on sick leave accrual. Also, sick leave accrual will no longer be paid upon leaving the City. Staff recommends approval of the ordinance adopting the proposed policies.