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HomeMy WebLinkAbout2005-015 - Amendments to the Personnal Policies BILL NO.2005-15 ORDINANCE N0.2005-15 AN ORDINANCE APPROVING AMENDMENTS TO THE PERSONNEL POLICIES OF THE CITY OF RIVERSIDE, MISSOURI WHEREAS, the City of Riverside, Missouri (the "City") and its staff have conducted a comprehensive review of the City's Personnel Policies (the "Employee Handbook"); and WHEREAS, the City and its staff have created amendments to the current version of the Employee Handbook; and WHEREAS, the City staff and the Board of Aldermen have reviewed, examined and deemed adoption of the amendments to be advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City. NOW, THERFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside Personnel Policies, Employee Handbook, attached to this Ordinance as Exhibit A, is hereby revised and amended as provided in Exhibit A. Section 2. The provisions of the Employee Handbook amended hereby shall not be construed to revive any former clause or provision of the Personnel Policies of the City of Riverside, ~,~ Missouri. Section 3. The sections, paragraphs, clauses, and phrases of the Ordinance are severable and if any portion of the Ordinance is declared unlawful by the valid judgment, decree, or injunction order of a court of competent jurisdiction, such ruling shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of the Ordinance and all provisions of the Ordinance not specifically declared to be unlawful shall remain in full force and effect. Section 4. This Ordinance overrides any conflicting provision or regulation within the Municipal Code of the City of Riverside, Missouri. Section 5. Thi~ rdinanc shall take effect immediately. Passed this~day of , 2005. Q~ ~ Mayor A E Ci Clerk i, .. , .t n ,~. .. 1 ~, CITY OF RIVERSIDE PERSONNEL POLICIES ~---~ EMPLOYEE HANDBOOK •..~ RIVERSIDE, MISSOURI REVISED FEBRUARY 22, 2005 1 2/22/05 __. _ T ~ ~ Table of Contents ARTICLE 100 DEFINITIONS ......................................................................................................1 ARTICLE 200 GENERAL PROVISIONS :....................................................................................4 Purpose of Policies Unlawful Acts Positions Covered Administration of Rules Department Heads Equal Employment Opportunities Workplace Harassment ARTICLE 300 COMPENSATION PLAN ......................................................................................6 Development and Maintenance of the Plan Amendments Application of the Plan Administration of the Pay Plan Use of City and Personal Vehicles Remuneration Overtime Compensation Holiday Pay On Call and Call Back Pay ~~ Termination Pay Pay Records Travel/Training Expense Reimbursement Designated Work Week and Payroll Checks Schedule ARTICLE 400 RECRUITMENT, SELECTION AND APPOINTMENT ........................................14 Vacancies Announcements Residency Requirements Response Time Employment of Relatives Responsibility to Report for Work in Adverse Conditions Appointments Emergency Appointments ARTICLE 500 THE WORKING TEST PERIOD .........................................................................16 Objective Duration Transfer Dismissal, Demotion, Suspension during working test period Employee Evaluation During Working Test Period ARTICLE 600 PROMOTION POLICY .......................................................................................17 General Promotion Decisions `...- Effect on Employee 1 2/22/05 i. ,.. .T „ ~ ~, _ 1 t. ~~ ARTICLE 700 DISCIPLINE .......................................................................................................18 Discipline Defined Causes of Dismissal, Demotion or Suspension ARTICLE 800 SAFETY ACCOUNTABILITY POLICY Objective Safety Awareness Unsafe Acts and Preventable Accidents Safety Committee Defined Safety Accountability Procedure ............................................................... 21 ARTICLE 900 SEPARATION FROM THE SERVICE ................................................................25 Return of City Prope-ty Termination Clearance Exit Interviews ARTICLE 1000 HOURS OF WORK AND LEAVE OF ABSENCE Hours of Work Paid Vacation Leave Sick Leave Work-Related Injury Leave Transitional Duty Family and Medical Leave Military Leave Leave of Absence -General Maternity Leave Jury duty Voting Leave Bereavement Leave Holidays ............................................ 25 ARTICLE 1100 EMPLOYEE DEVELOPMENT .........................................................................32 Performance Evaluation Ptan Rating Plan Employee Training Employee Training and Certification of Attendance at Training Sessions, Seminars, Schools and Certification Sessions Paid for by the City ARTICLE 1200 GENERAL EMPLOYMENT PROVISIONS Appearance Outside Employment Employee Benefits Retirement No-Smoking Policy Break Policy ..................................................... 34 ARTICLE 1300 EMPLOYEE CODE OF ETHICS ......................................................................35 Principle to be Accepted T. ... .T 2 2/22/05 T. T 1' Equal Treatment of Citizens Financial Interest Engagement in Business Private Interest Legislation Representation of Private Interests Gifts Disclosure of Information Sales to the City Political Activities Use, Care and Return of City Facilities and Materials Supplemental Rules Employee References Responsibility of Employees ARTICLE 1400 ALCOHOL AND CONTROLLED SUBSTANCE ABUSE POLICY .....................38 Policy Purpose Applicability Definitions Policy Administrator Alcohol & Controlled Substances Prohibitions Controlled Substance and Alcohol Testing Provisions Testing Controls Employment Assessment ~ Rehabilitation Effort Contractual Support Professionals Education & Training Confidentiality Disciplinary Issues Coordination with Other Laws & Policies Amendments ARTICLE 1500 SECURITY ......................................................................................................48 Security ARTICLE 1600 MISCELLANEOUS PROVISION ...........................................................:.........49 Temporary Policy Deviation ARTICLE 1700 INSPECTIONS AND COMPUTERS .................................................................49 Inspections of Lockers, Desks, Filing Cabinets, Computers and Other City Owned or Leased Property Computer Software ACKNOWLEDGMENT OF RECEIPT OF PERSONNEL POLICIES ..........................................51 ~..~ 3 2/22/05 r. ... .T i< ~ ~. - - ., ,. ~ ~, ``" CITY OF RIVERSIDE PERSONNEL POLICIES ARTICLE 100. DEFINITIONS 1. "APPOINTING AUTHORITY" means an official having the power to make appointments to all positions. The appointing authority for the City of Riverside is the City Administrator, with approval by the Board of Aldermen, except that in the event of a tie vote by the Board of Aldermen with approval of the Mayor. 2. "CLASS" means a group of positions sufficiently similar as to duties performed, scope of discretion and responsibility, minimum requirements of training, experience, or skill, and such other characteristics that the same title, the same tests of fitness, and the same range of compensation have been or may be applied to each position in the group. 3. "CLASSIFIED SERVICE" means all positions designated as belonging to a specific class in accordance with the education, experience, organizational control, skill, responsibility, guidance received and working conditions. Class titles within the classified service should be used to designate positions on all official records and payrolls. 4. "DATE OF EMPLOYMENT" means the date on which an employee begins ~ service with the City. If an individual is re-employed, only the date of his/her current employment shall serve as the official date of employment for all personnel transactions. 5. "DEMOTION" means a change in the rank of an employee from a position in one class to a position in another class having a lower maximum pay grade. 6. "ELIGIBLE" means a person whose name is on an employment list. 7. "EMPLOYEE" means a person appointed to a position with the City service for which he/she is compensated on a full-time or part-time basis. 8. "EXEMPT EMPLOYEE" is an employee excluded from minimum wage or overtime provisions, or both, as defined by the FLSA. 9. "FLSA" refers to the Fair Labor Standards Act of 1938, as amended. 10. "HOURS WORKED" in compliance with the FLSA, shall include all time that an employee is required to be on duty, on the employer's premises, or at a work place for the employer, and all time that an employee is permitted to work. The City of Riverside shall not consider as hours worked hours used for approved vacation, compensatory time or sick leave. The City of Riverside shall also consider as hours worked hours used for holidays. 11. "NON-EXEMPT EMPLOYEE" is an employee defined as being covered by the `„~ provisions of the FLSA. 2/22/05 ~. ... .1 ,. ¶ ~ _ ~ 1 12. "PAY RANGE" is the designation used for each class of positions. 13. "PAY RATE" is the amount paid an employee for one (1) hour or month of work, according to job classification. 14. "PERMANENT PERSONNEL FILE" is kept in the City Administrator's Office. Employee evaluations, disciplinary reports, reprimands, and all other personnel records are deemed by the City to be confidential records and are not to be copied or otherwise disseminated without express authorization. Employees may review their own permanent personnel records upon request to the City Administrator. Department Heads and supervisors shall have limited access to personnel records of employees under their supervision. No person shall make copies of, obtain, or use the personnel records of any other employee for their personal use or for any purpose other than in connection with their responsibilities as a City employee. 15. "POSITION" means an office or employment (whether part-time, full time, occupied or vacant) including duties requiring the services of one person. A. "Regular Full-time Position" means a position which is scheduled for a standard number of hours per day or week, as other positions of similar structure. ~,, B. "Regular Part-time Position" means a position which is scheduled for less than a standard number of hours per day or week as other positions of similar structure for a minimum of twelve (12) consecutive months. 16. "PROMOTION" means a change in rank of an employee from a position of one class to a position of another class having a higher maximum pay grade. Each promoted employee will serve a working test period of six (6) months. 17. "REGULAR EMPLOYEE" means an employee who has been appointed to a position in the classified service in accordance with merit rules and has successfully completed his/her working test period. 18. "STANDARD WORK DAY" means any combination of time actually worked or vacation, holidays, and/or sick leave or compensatory time for which a particular position has been scheduled. The Standard Work Day for various departments or groups of individuals may vary according to the policies established by the City. Where the word "day' is used to explain or clarify a certain condition of employment, this time measurement will be defined as eight (8) working hours per day. If a position is scheduled to work more or less than this shift system, then all conditions of employment will be adjusted so that an employee will not earn more or less than an employee working an eight-hour shift. ~, 19. "STANDARD WORK WEEK" as defined by the FLSA shall mean a regularly 2 2/22/05 r. .. , .T ¶ ~. -,- Y ~, recurring set of seven consecutive days over which "hours worked" are to be totaled for determining the number of overtime hours for which an employee must be paid at the time and one half rate. The Standard Work Week for various departments or groups of individuals may vary according to the policies established by the City. Where the word "week" is used to explain or clarify a certain condition of employment, this time measurement will be defined as Forty (40) working hours and five (5) working days. If a position is scheduled to work more or less than this shift system, then all conditions of employment will be adjusted so that an employee will not earn more or less than an employee working forty-hour/five- day shift. 20. "TRANSFER" means a movement of any employee from one position to another having essentially the same pay grade whether in the same class or in another class. 21. "UNCLASSIFIED SERVICE" includes all those positions specifically defined by this ordinance as being in the unclassified service. An "unclassified position" is a position in the unclassified service. 22 "WORKING TEST PERIOD" means the first six (6) months of service following appointment to any position in the classified service for all employees with the exception of Public Safety employees whose working test period shall be one ~ year in length, plus any extension approved by the City Administrator, and is the examination period during which the employee may be removed by a Department Head without right to advance notice, appeal or hearing. It is the policy of the City of Riverside that working test period employees have no right to or legitimate expectation of continued employment with the City and may be terminated at any time for any reason which is not specifically prohibited by law. ARTICLE 200. GENERAL PROVISIONS 200.1 PURPOSE OF POLICIES The purpose of these Articles is to establish policies and procedures for the City of Riverside in the administration of its personnel program. This document and the policies and procedures which may from time to time be communicated to employees, are not a contract of employment or a statement of enforceable rights. These Articles provide general guidelines. They are not intended to cover all circumstances or situations, and the City may handle any situation as it deems fit and in the best interest of the City. Just as employees of the City may terminate their employment at will, the City may, if it deems it necessary to do so, terminate the employment of any employee at any time with or without cause for any reason not prohibited by law. Similarly, the City may change any of its policies without notice to the employees. 3 2/22/05 200.2 UNLAWFUL ACTS No person shall willfully or corruptly make any false statement, certificate, mark, rating or report in regard to any test, certification, or appointment held or made under these articles or in any manner commit or attempt any fraud preventing the impartial execution of such personnel provisions or the rules and regulations made thereunder. No person seeking appointment to, or promotion in, the City service shall either directly or indirectly give, promise, render or pay any money, service or other valuable thing to any person for or on account of, or in connection with his/her proposed appointment, promotion or proposed promotion. 200.3 POSITIONS COVERED These policies and procedures shall cover all employees in the classified and unclassified service unless stated otherwise. 200.4 ADMINISTRATION OF RULES The City Administrator shall be responsible for the proper administration of the City's personnel system and may make necessary changes to comply with the intent of the Board of Aldermen and/or state or federal changes prescribed by law. 200.5 DEPARTMENT HEADS Department Heads are accountable to the City Administrator for proper implementation, within their Departments, of the Personnel Manual policies and procedures. The Department Heads are expected to effectively supervise their employees and to maintain proper working relationships. They may adopt and enforce additional department regulations that are not inconsistent with the Personnel Manual, following a review by the City Administrator for consistency. Department Heads will report, in writing to the City Administrator, on the efficiency of their subordinates at least annually. Notification will be made to the City Administrator when a change in the duties of their employees is made, in order that the Classification Plan may be maintained. Department Heads may recommend salary increases to the City Administrator in accordance with the provisions of the Compensation Plan. 200.6 EQUAL EMPLOYMENT OPPORTUNITIES Discrimination against employees or applicants for employment based on race, creed, color, sex, religion, age, national origin, veteran status, physical or mental disabilities or handicaps, or any other prohibited .basis under federal or state law is prohibited. It is also a violation of the City's policy to retaliate against any person who engages in actions protected by federal or state law, including but not limited to the filing of discrimination charges. It is our goal to provide everyone who works for the City, or who applies for work here, with an equal opportunity to success based on his/her merit, qualifications, quality of work, performance, safety record, and attendance. This policy shall apply to every aspect of employment, including but not limited to promotion, transfer, lay off, disciplinary action, termination, compensation, and benefits. 4 2/22/05 `... The City Administrator shall be responsible for the implementation of the City's equal employment opportunity policy. All supervising personnel shall assist in assuring adherence to it. 200.7 WORKPLACE HARASSMENT Harassment of any employee or applicant for employment by any supervisor, employee, agent, or third party who conducts business with the City, members of the public, or customers, on the basis of race, color, religion, age, sex, national origin, disability or veteran status. Violations of this policy will not be tolerated and may result in disciplinary action, up to and including termination. Sexual harassment is a type of misconduct that interferes with work productivity and wrongfully deprives employees from of the opportunity to work in an environment free of unwelcome sexual overtones. Sexual harassment includes all unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (a) submission to such conduct is made either an explicit or implicit term or condition of an individual's employment; or (b) submission to or rejection of the conduct is used as a basis for an employment decision affecting the individual who is subjected to or who submits to the ~„ conduct; or (c) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. The following are examples of sexual harassment: • Verbal: Sexual innuendo, suggestive comments ,insults, threats, jokes about gender-specific traits, or sexual propositions. • Nonverbal: Making suggestive or insulting noises, leering, whistling, or making obscene gestures; and • Physical: Touching, pinching, brushing the body, coercing sexual intercourse, or assault. No supervisor, employee, or agent shall promise, imply, or grant any preferential treatment to another employee or job applicant in exchange for sexual favors. Additionally, no supervisor, employee, or agent shall subject another employee or job applicant to any conduct of a sexual nature that unreasonably interferes with work performance or has the effect of creating an intimidating, hostile, or offensive working environment. Any employee, supervisor, or agent who violates this policy will be subject to discipline, up to and including discharge. 5 2/22/05 *. .. .T ~ ~. _ .. T Any employee or applicant for employment who feels that he or she is a victim of harassment or who observes sexua- harassment in the workplace should immediately report the matter to a supervisor, the City Administrator, or any management representative of the City. All complaints will be promptly and thoroughly investigated in as confidential a manner as feasible, consistent with a full investigation, and appropriate discipline, up to and including discharge, may be taken. No retaliation will be tolerated against any employee or job applicant who reports any incident of harassment. ARTICLE 300. COMPENSATION PLAN 300.1 DEVELOPMENT AND MAINTENANCE OF THE PLAN The City Administrator shall be responsible for the development of a uniform and equitable Compensation Plan which shall consist of pay ranges designating the minimum and maximum rates of pay for each class of position as he/she considers necessary or equitable. In arriving at salary ranges, consideration will be given to, but not limited to, maintaining the pay rate received by employees occupying the position prior to the adoption and implementation of these Articles, prevailing rates for comparable work in other employment and private business, the current cost of living, suggestions of Department Heads, responsibilities and duties of the position and the City's financial condition. Although the City Administrator has considerable authority and responsibility in the ~ development of this plan and setting pay rates for individual employees and positions, at all time, only the Board of Aldermen has the final authority to set the pay rate of any City employee. No policy or provision herein affects this authority in any manner or at any time whatsoever. 300.2 AMENDMENTS Amendments to the Compensation Plan may be made by the City Administrator when changes in responsibility or work of classes, living costs, recruiting experience of the Department Heads, prevailing rates of pay, the city's financial condition, or other pertinent conditions warrant such action. The City Administrator shall make recommendations to the Board of Aldermen for their consideration and adoption. 300.3 APPLICATION OF THE PLAN All employees in the classified and unclassified service shall be compensated in accordance with the pay ranges set for their positions as established by the City Administrator and adopted by the Board of Aldermen. The rates set. forth are gross compensation for regular full-time employment in each class, except as otherwise indicated for specific classes of positions. This shall constitute the pay plan for the City of Riverside, Missouri. 6 2/22/05 r ... .r ~ n ~. ,.. ~ ~, ~" 300.4 ADMINISTRATION OF THE PAY PLAN The pay plan consisting of pay ranges shall be administered as follows: A. Starting rate: The lower third of the salary range is to be used for starting salaries as follows: Starting salary for an individual who meets the minimum qualifications of the position shall be the minimum of the pay range. 2. Starting salary for an individual who meets the minimum qualifications of the position plus has some job-related experience or education beyond the minimum requirements shall be one to five percent (1-5%) over the minimum pay range. 3. Starting salary for an individual who meets the minimum qualifications plus has substantial job-related experience or education over and above the minimum requirements for the position shall be six to ten percent (6-10%) over the minimum pay rate. In all cases, the starting salary shall be at least the minimum pay rate specified for the position. A starting salary of over ten percent ~„ (10%) above the absolute minimum pay rate requires approval of the Board of Aldermen. B. Starting rate on re-employment: If a former employee is re-employed in a class in which they were previously employed, the Board of Aldermen may appoint them at the same rate of pay which the employee had been receiving at the time of termination of service. C. Promotions: When an employee is promoted from a position in one salary range to a position having a higher salary range, the salary rate of the promoted employee shall be increased to equal at least the minimum pay rate of the position's pay range. Additionally, the City Administrator will review the circumstances of the promotion, including but not limited to, the employee's performance, prior pay rate, and additional responsibilities and duties, if any, of the new position, to determine if an additional increase within the new pay range should be recommended to the Board of Aldermen at the time of promotion. D. Demotion: When an employee is involuntarily demoted for disciplinary or other reasons, their salary may be decreased by an appropriate amount within the pay range of the new position as recommended by the City Administrator and approved by the Board of Aldermen. An employee may take a voluntary demotion to a position of lower salary range, if qualified. The employee should be moved to a range which most closely maintains the employee's current pay rate within the new pay range. 7 2/22/05 i. .T ~ ~. -._ --T -r- 300.5 USE OF CITY AND PERSONAL VEHICLES Employees using their private vehicles in the conduct of the City's business will receive remuneration based on current administrative directives, provided documentation is presented to the City Administrator. Employees should have a valid and appropriate driver's license required to operate the vehicle or equipment to perform their job duties and employees driving City owned or leased vehicles or equipment or using private vehicles on City business are required to sign a waiver allowing an annual check of their driving record. It is the duty of any employee who operates a City owned or leased motor vehicle or who drives a private vehicle on City business to inform his or her supervisor or Department Head in writing within one (1) business day if that employee's motor vehicle driver's license is suspended or revoked or is subject to any restrictions that would limit the employee's ability to perform his or her duties for the City in operating a motor vehicle. Failure to so notify the employee's supervisor or Department Head will be grounds for discipline, up to and including termination of employment. The remuneration policy is subject to change at the discretion of the City Administrator. 300.6 REMUNERATION The salary rate established shall represent the total remuneration for that position, not including reimbursement of official travel, compensable overtime and other in-kind allowances authorized by the City Administrator. No reward, honorarium or other form of ~.,, remuneration in addition to regular compensation shall be received from any other source by employees for performance of their duties. 300.7 OVERTIME COMPENSATION Any overtime shall first be authorized by a Department Head or the City Administrator. An employee's Department Head or authorized Supervisor may require an employee to work hours in excess of the standard workweek, and disciplinary action may be taken against any employee who, without good cause or sufficient reason: (1) Refuses to work; or (2) Fails to appear when scheduled to work; or (3) Having indicated he/she would work, fails to appear. As a general policy, employees are not authorized to perform work before or after their scheduled shifts, or to remain at their work stations at the end of the work day without specific authorization from their Department Head or City Administrator. Hours worked during the established work period shall include all time the employee is actually at work required fo be on duty, or confined to a particular place at the request of the City. Vacation, sick leave, or other authorized leave time will not be counted as time worked and shall not be included when determining total hours worked for overtime purposes. ~, Overtime shall be paid at one and one-half (1'/z) times the normal hourly rate for all 8 2/22/05 i. .. , .T ,. ¶ 1 - - ... -T ~ hours worked in excess of forty (40) hours in a standard work week or compensatory time off will be granted at a rate of one and one-half (1'/2) compensatory hours for every one hour worked in excess of forty (40) hours in a standard work week, except for public safety employees. Public safety employees will be compensated with overtime pay or compensatory time off according to the regulations and guidelines set forth by the U.S. Department of Labor. The City reserves the right to grant compensatory time off in lieu of overtime pay as an alternative to allow for both operating and budgeting flexibility. As stated, compensatory time off for non-exempt employees will be granted at a rate of one and one-half (1'/z) hours for each hour of overtime worked. Granting of compensatory time is at the discretion of the Department Head when work schedules and staffing are deemed to allow for such time off. Compensatory time off shall not be allowed to accumulate in excess of twenty-four (24) hours [sixteen (16) hours at time and one-half] and must be taken as time off during the calendar year in which it is earned. An employee who has accrued twenty-four (24) hours of compensatory time shall receive overtime pay for any additional overtime hours worked. Accrued compensatory time off which has not been used by the end of the calendar year shall be compensated as overtime pay on the first pay period of the new ,_ calendar year. Where the City makes compensatory time off arrangements with individual employees, the agreements need not be the same for all employees, and the City need not make ~.... compensatory time available to all employees. The agreement or understanding to use compensatory time off for employees must be arrived at before the performance of work. Exempt employees are expected to work those hours necessary to assure the satisfactory performance of their departments, but not less than forty (40) hours per week. 300.8 HOLIDAY PAY An employee receives one day's pay at his/her regular rate for the holiday. If it is necessary for an employee to work on any paid holiday during his/her regularly scheduled work week, he/she will be paid at his/her regular rate an additional day's pay or be given an additional day off, if approved, and at the discretion of the employee's Department Head. If, on a holiday, he/she is called in on an emergency, he will receive one and one-half times regular pay for the hours worked. 300.9 ON CALL AND CALL BACK PAY A non-exempt employee may be requested to "standby" during a weekend or holiday. °Standby" or "on call" duty does not require the employee to remain on the employer's (City's) premises and he/she is free to engage in his/her own pursuits, subject only to leaving word at his/her home or with the employer where he/she may be reached or by wearing a pager provided by the City. When an employee qualified for overtime is called back to work due to an emergency, after their regular working hours, and he/she has left the last work site, the minimum 9 2/22/05 -- - ~ T. ,. , ,t „ tr ~. - ~--- - - -fi T overtime pay or the minimum compensatory time credit shall be two (2) hours of work at the rate of time and one half. Only one call back credit shall be given in a twenty-four hour period. 300.10 TERMINATION PAY Any employee who voluntarily terminates his/her employment or is laid off will receive his/her final pay check on the next regularly scheduled payday following his/her termination, if practicable. 300.11 PAY RECORDS The City Clerk shall be required to keep adequate records of all persons employed, their pay scale, time worked, accrued vacation and sick leave, all absences for vacation and sick leave, accrued overtime or compensatory time and all absences for compensatory time. Such records shall be available, at all reasonable times, for inspection by any employee who wishes to see his or her records after consulting first with the City Administrator. 300.12 TRAVELITRAINING EXPENSE REIMBURSEMENT This policy is to establish a uniform procedure for reimbursing City officials, officers and employees for travel and related expenses incurred while carrying out official duties, conducting City business or attending professional conferences and training courses. Definitions: "Expenses", shall refer only to expenses actually and necessarily incurred in the performance of the official business of the City. "Employee", for purposes of Section 300.12 only, shall include all persons employed by the City and all elected and appointed officials of the City, specifically included are the Mayor, members of the Board of Aldermen, and all Boards and Commissions of the City when such members are acting in their official capacity. The City Administrator shall be responsible for promulgating additional rules and regulations subsequent to the affirmation of this policy by the Board of Aldermen. Allowable Expenses: Expenses for which an employee may receive a travel advance or reimbursement when traveling as an official representative of the City shall include: Transportation: The mode of transportation should be selected based on the distance, costs, time involved, and the purpose of the trip. Whenever the airfare (coach or economy) would be less than the mileage reimbursement for use of a personal vehicle, air transportation must be used except as otherwise provided herein. Air transportation expenses must be supported by documentation which reflects the destination, dates of travel, and cost. The employee, with prior approval, may use his/her personal vehicle in lieu of air 10 2/22/05 i. .. , .T >f ~. _ T 1 `..- transportation. The employee will only receive the "cash equivalent" for use of his/her personal vehicle; the "cash equivalent" will be based on the lowest airfare in effect 30 days prior to the employee's departure date. If the employee elects to use his/her personal vehicle when air transportation is more cost effective, driving time will be the responsibility of the employee (i.e., vacation time). Where use of a private/personal vehicle is the most cost effective mode of transportation, an employee will be reimbursed at the mileage rate established annually by the City Administrator. When mileage is reimbursed, no additional related expenses will be deemed allowable (i.e. gasoline, oil). The rental of a vehicle from a private agency will be reimbursed only if it is deemed necessary, justified, approved in advance by the City Administrator, and is used for a specific period of time (when neither a City vehicle nor personal vehicle is available for use). Employees are expected to rent the smallest sized vehicle to meet their needs and they will not be reimbursed for personal use, (i.e. sightseeing). Rental of a vehicle as the personal choice of an employee will be reimbursed only in the amount of the round trip mileage to and from the conference site. The remainder will be the responsibility of the employee making the reservation. The City's insurance policy will cover the employee's liability and collision in a rental vehicle and most major agencies do not require additional coverage or deposits; therefore this expense will not be reimbursed. Receipts for rental fees or gasoline purchased for a city vehicle which is not receiving mileage reimbursement (i.e. city owned vehicle) must be. submitted upon return from the trip. The use of buses, limousines, or taxis should be governed by the local ground transportation available between the airport and the hotel/motel and the most economical cost and/or availability; receipts must be obtained for these charges. Tips for taxi drivers, baggage handlers, etc. will be the responsibility of the employee and will not be reimbursed. If transportation is shared with an employee from another jurisdiction, reimbursement will be made for half the round trip mileage and is to be paid directly to the driver's city. Lodging: It is expected that all employees will endeavor to return to their permanent residence as soon as possible after the conclusion of the conference, business meeting, or other approved trip, On one-day trips or at the conclusion of an extended trip, lodging will be reimbursed only in connection with travel which would preclude the employee from arriving home before 10 p.m. 11 2/22/05 r ... .1 >r 1. _ 1 1. Employees shall stay in a hotel/motel which is reasonably close and convenient to the place where the conference, business meeting, or seminar is held and such accommodations will be modestly priced for the local market. Whenever possible, lodging costs. will be paid directly to the vendor by having the City Clerk issue a check prior to the employee's departure, along with a letter of exemption from state sales tax if the lodging is within the state of Missouri. Lodging costs will be based on the "one person, one bed" rate and must be supported by receipts upon return. Whenever available, the lower government rate or conference rate must be used. If a room is shared with an employee from another jurisdiction, reimbursement for one half the room cost will be paid directly to the hotel/motel as previously stated. Meals: The cost of all meals while on official city business will be reimbursed. In most situations, the maximum daily costs should not exceed $25, depending upon location of travel. Authorization for additional expenditures for meals must be granted by the City Administrator prior to departure. It is expected that employees will exercise good judgment when dining and such meals should generally meet the same standards as if the employee were bearing the cost. All meal costs must be supported by receipts. For travel beyond the local area (i.e., greater than a 50-mile radius from Riverside), reimbursement for meals will be made on the following basis: 1. When travel commences before 7:00 a.m., breakfast will be reimbursed. 2. When travel extends over the period 12 Noon to 1:30 p.m., lunch will be reimbursed. 3. When travel ends after 6:00 p.m., dinner will be reimbursed. No reimbursement will be made for meals which are provided in conjunction with air transportation or which are included in the conference/meeting cost. As deemed appropriate by the Department Head, meal costs for local training may be eligible for reimbursement. The appropriateness and reasonableness of the expense will be reviewed by the City Administrator. Registration Costs: Conference registration costs will be paid directly to the sponsoring institution; the request for payment submitted to the Fiscal Officer should include the completed registration form. The registration form and check will be mailed by the Fiscal Officer. Pre-registration is required whenever possible, especially if this results in a reduced rate. Cancellations are to be made as soon as possible in order to obtain the maximum refund. Communication Charges: All telephone, fax, and postage costs incurred during the travel which are necessary for City purposes are reimbursable. The employee should use the most economical means of communication. 12 2/22/05 i. ~. , .T ¶ ~. ., 1 i. ~-- Miscellaneous: Non-reimbursable expenses include miscellaneous reading material, shoe shines, in-room movies, mini-bar charges, room service charges, bellman charges, laundry or dry cleaning costs or items relating to personal hygiene. The cost of handling any clothes or equipment carried by an employee for personal enjoyment or activities are not reimbursable. Repairs to personal briefcases and luggage will not be reimbursed unless damaged when being used on City business and when the employee is not repaid by the carrier responsible for the damage. A copy of the damage claim and a copy of the refusal to reimburse for such claim must be submitted. Vacation Combined with Official Travel: Employees wishing to combine a vacation by private vehicle with a business or conference trip must have the City Administrator's prior approval. Travel Advances: Travel advances should be limited to those items which cannot be prepaid, such as meal costs and transportation costs, and for projected expenses which would pose a financial burden to the employee. Requests for travel advances will not be given in excess of $200 and must be approved by the City Administrator at least two weeks prior to the employee's departure date. The Fiscal Officer may then advance payment of projected expenses if the projected expenses to be incurred by particular employee would pose a financial burden on such employee. If such advance is authorized, then the voucher for the expenses actually and necessarily incurred and the balance of the advance remaining (if any), or balance owed (if any), shall be submitted to the Fiscal Officer according to the procedure established herein for expense reimbursement. Employees shall not be given a travel advance unless all prior travel ~, expense vouchers have been submitted, balanced, and approved. Procedure: Any employee incurring an expense as defined herein and seeking reimbursement of same shall prepare, on a form provided by the Department Head, a voucher of such expenses which has been certified by the employee as being true and accurate. The Voucher shall be submitted to the City Administrator for approval, unless otherwise provided herein. The employee shall be reimbursed only for those expenses which have been properly incurred. The City Administrator shall submit his/her vouchers to the Mayor for review and approval and will follow the normal approval of payment of bills at a regular Board meeting. Each Department Head shall be responsible for ensuring that expenses incurred for travel and training by employees under his/her supervision are essential to their functions and expenses are reasonable and justified. In order to maintain cost control, the Department-Head shall: 1. Approve in advance each proposed trip or activity. 2. Review and approve all expenses reported for reimbursement in accordance with the specific provisions outlined below. 3. Review and evaluate these expenses as a guide for future authorization. The City reserves the right to perform an audit of any expenses submitted by an 13 2/22/05 i. ....T ¶ 1. 1 ~. ~-~- employee for reimbursement. The City Administrator has the responsibility for performing such audits from time to time. Any findings of misrepresentation will be forwarded to the Board of Aldermen for appropriate action. It is the responsibility of the City Administrator to: 1. Ensure full compliance by all employees with the procedures set forth in this policy. 2. Have all expense reports reviewed for mathematical accuracy, required receipts, and authorized approval. 3. Review reported expenses for reasonableness and to make inquiries as deemed appropriate. 4. Return all expense reports that are not in compliance with this policy or that require additional documentation to the responsible individual for appropriate action/response. Employees are required to submit vouchers and any other expense reports within ten (10) days of the completion of any business trip or activity. 300.13 DESIGNATED WORK WEEK AND PAYROLL CHECKS SCHEDULE The work week shall begin on Wednesday and end on the following Tuesday. Two work weeks shall constitute one pay cycle. Payroll checks shall be issued on the first Friday following the end of the pay cycle. Payroll checks shall be available to the employees at the end of their work shift. If the normal pay day falls on a holiday, payroll checks shall be distributed at the end of each employee's work shift on the prior working day. Employees will be required to sign for receipt of their paycheck. Written permission must be given if someone other than the employee is to pick up a check. ARTICLE 400. RECRUITMENT, SELECTION AND APPOINTMENT 400.1 VACANCIES Vacant positions shall be filled by means of original appointment, re-employment, promotion, demotion or transfer. 400.2 ANNOUNCEMENTS All announcements for positions in the classified service shall be published by posting announcements on official bulletin boards and in such places as the City Administrator deems advisable, including at least one newspaper of general circulation. Announcements will specify general information concerning the position, minimum requirements and examinations that may be successfully completed for application. Notices of promotions within the classified service shall be published by posting and other appropriate methods but need not be posted in any newspaper. Notices for promotions will include, along with other appropriate information, minimum requirements and examinations that must be successfully completed to be eligible for the position. 14 2/22/05 All current job vacancies shall be listed with the front counter personnel. A special application is required for Public Safety vacancies and should be obtained directly from that Department. Where no specific opening is available, unsolicited applications will not be accepted. Applications will be kept on file for a minimum period of six months. Resumes shall be retained in the same manner as City applications. 400.3 RESIDENCY REQUIREMENTS The City does not currently have a residency requirement for employment eligibility. However, residency may be a final determining factor in the selection process for appointment of new employees and transfer or promotion of current employees in the classified service. Candidates for employment shall be recruited from a geographic area as wide as necessary to ensure obtaining well-qualified employees. Employees in general shall be encouraged to reside within the City. However, employment shall not be limited to residents of the City, except where residency is required to conform with federal or state law. 400.4 RESPONSE TIME Generally, employees should be able to respond to a call for return to duty or emergency `,, in a maximum of thirty (30) minutes. Certain classes of positions due to unique responsibilities of that class, may be required to meet. specified response times for various types of situations. These will be determined by departmental policies and with approval of the Board of Aldermen. In the absence of a required stated response time, public safety employees currently residing at a d3sOtaminutescshould checklimmediately respond to a call for return to duty within thirty ( ) with the emergency dispatcher to determine if their required response may still be valuable for any given emergency situation. 400.5 EMPLOYMENT OF RELATIVES Employment of relatives shall be governed by the following provisions: 1 then City durang thetenuleetof saidc'elected officyal unlle st the emplloyment precedes the election. 2. Persons related to an appointed Commission or Board member shall not be employed by the City in any department directly associated with the Commission or Board during the tenure of said appointed official. 3. Persons related to each other shall not be employed by the City in the same department. This shall apply to part-time and temporary employees, as well as regular full-time employees. 4. For purposes of determining the applicability of this Section to candidates for employment by the City, the term, "related" shall be defined to include any relationship by blood or marriage within the fourth (4th) degree. 2/22/05 15 ~..- 400.6 RESPONSIBILITY TO REPORT FOR WORK IN ADVERSE CONDITIONS All employees of the City of Riverside shall be expected to report to work at their normal work station in inclement weather, disasters, and other adverse conditions. Employees unable to reach their work stations because of inclement weather, disasters, and other adverse situations may utilize vacation leave, holiday, or compensatory time due in lieu of a lost day or day's pay. Employees engaged in work directly related to health, safety and welfare of the community (i.e. Public Works or Public Safety) shall be expected to exhaust every effort in reporting to their work station at the appropriate time. 400.7 APPOINTMENTS All appointments to vacant positions in the City service shall be made by the City Administrator, subject to approval of the Board of Aldermen and the Mayor in the event of a tie by the Board of Aldermen. If the appointee fails to present himself/herself for duty within the period of time prescribed he/she shall be deemed to have declined the appointment. All new appointees shall serve a working test period. ~ 400.8 EMERGENCY APPOINTMENTS Emergency Appointments. In the case of an emergency which could not have been foreseen, such as but not limited to a flood, tornado, or blizzard, which requires immediate employment of one (1) or more persons to prevent serious impairment of the public business for which it is not practicable to secure the needed person or persons by certification from an eligible list in time to meet the emergency, the City Administrator may appoint any qualified person during such emergency for a period not to exceed thirty (30) days. ARTICLE 500. THE WORKING TEST PERIOD 500.1 OBJECTIVE Every person appointed to a regular full-time or regular part-time position in the classified service, by virtue of employment, promotion, transfer or demotion shall serve a working test period while occupying such position. 500.2 DURATION Every person appointed to a regular position with the City in a department other than Public Safety shall be required to successfully complete a working test period of six (6) months duration. The working test period for promoted employees will be the same. Any interruption of service during the working test period shall not be counted as part of the working test period. 16 2/22/05 i. ... .T ~ T. I 1 ~, Employees in the Department of Public Safety shall be required to successfully complete a working test period of one (1) year's duration. The working test period for promoted employees will be the same. 500.3 TRANSFER If an employee is transferred during his/her working test period in one department to a new department, he/she will be required to complete the full working test period in the new department. 500.4 DISMISSAL, DEMOTION, SUSPENSION DURING WORKING TEST PERIOD At any time during the working test period the Department Head may, at hislher discretion, recommend demotion, dismissal or removal of any employee in his/her department to the City Administrator. Upon the recommendation of the Department Head, the City Administrator may demote any employee still within his/her working test period. Upon the recommendation of the Department Head, the City Administrator may dismiss any employee still within his/her working test period. with the approval of the Board of Aldermen. An employee still within his/her working test period, may be demoted, suspended with or without pay, dismissed or removed with or without cause. Subject to the terms of any written employment agreement adopted by ordinance by the Board of Aldermen, the Board of Aldermen at all times retains its legal rights to discipline or terminate any employee with or without cause for any lawful reason it deems appropriate in its discretion. 500.5 EMPLOYEE EVALUATION DURING WORKING TEST PERIOD At least ten (10) days prior to the expiration of an employee's working test period and in such manner as the City Administrator may prescribe, the Department Head will evaluate the employee's performance and notify the City Administrator in writing whether the services of the employee have been satisfactory and whether the employee will be continued in their position. A copy of this notice and evaluation shall be given to the employee by the Department Head. Upon receipt by the City Administrator of a favorable report and evaluation, the employee will become a regular employee upon expiration of the working test period. ARTICLE 600. PROMOTION POLICY 600.1 GENERAL Vacancies in positions above the lowest rank in any category in the City's service shall be filled, so far as practical, by the promotion of qualified employees in this service. In order to be considered a promotion, the following criteria must be satisfied: (1) A genuine increase in job duties and responsibilities must be assumed by the promoted employee. (2) The employee must move into a position at a higher pay range. 17 2/22/05 i. .. , .T ,. 1< ~. - T I, 600.2 PROMOTION DECISIONS The appointing authority shall appropriate factors, including demonstrated ability, efficiency continuous service with the City. 600.3 EFFECT ON EMPLOYEE fill all vacancies and positions by considering all but not limited to, performance, job knowledge, qualifications, attendance record, and length of Promoted employees are similar to newly appointed employees except with respect to introductory requirements, starting salary, and merit review schedule. Working Test Period. All employees, with the exception of Public Safety employees, shall serve a six (6) month working test period beginning from the date of promotion during which their fitness to perform the duties of the new position shall be evaluated by their Department Head. Public Safety employees shall serve a one (1) year working test period beginning from the date of promotion during which their fitness to perform the duties of the new position shall be evaluated by their Department Head. Salary Rate. The Department Head may recommend to the City Administrator that the promoted employee be placed at a rate within the pay range for that position, depending on the employee's qualifications for the new position. ARTICLE 700. DISCIPLINE 700.1 DISCIPLINE DEFINED Employees who violate the City's performance and behavioral standards may be disciplined in the following manner depending on the seriousness of the infraction: A. Informal Talk. The rule violation is discussed with the employee and the employee may be asked for an explanation. B. Oral Reprimand. A record of this reprimand should be placed in the employee's work file and the employee should sign an acknowledgment. C. Written Reprimand. This form of discipline is similar to the oral reprimand, but is slightly more severe. It may be used for somewhat more serious violations and in cases where an employee has repeatedly violated City policy or direction. The employee will be allowed to read the reprimand and, if desired, refute, in writing, any of the charges. After doing this, the employee shall sign the reprimand and retain a copy. A copy of the reprimand and rebuttal shall be placed in the employee's permanent personnel file. D. Demotion. Demotion occurs when an employee's performance requires an assignment to a position having a lower pay range. Employees (other than Department Heads or the City Clerk) still within their working test 18 2/22/05 period may be demoted by the City Administrator upon recommendation of the Department Head and with advance approval of the Board of Aldermen at any time and for any reason. E. Suspension. A Department Head or the City Administrator may, in his/her discretion, suspend, with or without pay, a regular employee supervised or managed by that Department Head or City Administrator for the good of the City service, for disciplinary purposes, or for other lawful reason. All other employee benefits to which the employee is entitled at the time of suspension will remain effective whether suspension is with or without pay. A Department Head may suspend an employee for a period up to seven (7) days. Suspensions for a longer period will require approval of the Board of Aldermen. Suspensions without pay for longer than three (3) days require approval of the Board of Aldermen. Suspensions beyond three (3) working days in duration may be appealed to the Board of Aldermen. Suspension may be with or without pay. F. Dismissals. Dismissals of regular employees may be made at any time for any lawful reason, including, but not limited to, inefficiency, insubordination, misconduct, or other behavior that is of such consequence as to no longer warrant the continued service of the employee. The Department Head desiring to dismiss an employee shall give notice of such action to the City Administrator who shall review the decision to dismiss. The City Administrator may dismiss any employee, including a Department Head or the City Clerk with the approval of the Board of Aldermen. 700.2 CAUSES OF DISMISSAL, DEMOTION OR SUSPENSION Notwithstanding any other provision contained in these Personnel Policies or any written or verbal representations to the contrary, all employees of the City are employed on an "at-will" basis and both the employee and the City retain the right to terminate this "at- will" relationship at any time with or without cause for any reason not prohibited by law. Also, under appropriate circumstances, any employee may be immediately removed from employment for any reason which is not prohibited by law. Temporary employees and employees while in their working test period may be dismissed immediately without notice with or without cause for any reason which is not prohibited by law. Reasons for suspension, demotion or dismissal of any employee includes, but are not limited to, the following: A. The employee has been found guilty of a felony or of a misdemeanor involving moral turpitude. B. The employee has willfully, unnecessarily or through negligence, committed an act of brutality or cruelty to a person in custody, provided the act committed was not necessarily or lawfully done in self-defense, or to protect the lives of others or to prevent the escape of a person lawfully ~ in custody. 19 2/22/05 i. ... .T ¶ ~. -- ~Y ~ ~, ~.,,- C. The employee has violated any of the provisions of the classification system or of the regulations of this manual. D. The employee has been guilty of any conduct unbecoming an officer or employee of the City. This conduct shall be determined by the Department Head with the approval of the City Administrator. E. The employee has violated any lawful official regulation or order or failed to obey any proper direction made and given by a supervisor or has violated any provision contained in this Personnel Manual. F. The employee has been under the influence of intoxicants while on duty; or under the influence, possession, transfer or sale of an illegal or controlled substance while on duty or on City property. G. The employee has been guilty of insubordination or of disgraceful conduct. H. The employee is offensive in his/her conduct or language in public, or towards the public, city officials, or employees. I. Inefficiency, negligence, incompetency, in the pertormance of duties. J. The employee has received two successive efficiency ratings which are unsatisfactory. K. The employee has failed to pay or make reasonable provisions for future payment of hislher debt to the City. L. The employee has used or threatened to use, or attempted to use, personal or political influence in securing a position; leave of absence; transfer; change of pay rates; or character of work. M. The employee has induced, or has attempted to induce, an officer or employee of the City to commit an unlawful act or to act in violation of any lawful departmental or official regulation or order. N. The employee has taken, for his/her personal use from any person, any fee, gift, or other valuable thing in the course of his/her work or in connection with it, when such gift or other valuable thing is given in the hope or expectation of receiving a favor or better treatment than that accorded other persons. ~.- O. The employee has engaged in outside business activities on City time, or has used City property or personnel for such activity. P. The employee has failed to maintain a satisfactory attendance record. 20 2/22/05 " T ~' Q. Careless, negligent, or improper use of City personnel, property, equipment or funds. R. Engaging in political activity as defined in Section 1300.10 of this manual. S. Any other reason which, in the judgment of the Department Head, City Administrator or Board of Aldermen, makes the continued employment of the employee detrimental to the interests of the City or warrants other discipline, including but not limited to warning, reprimand, demotion or suspension, and any violation of the City's Employee Handbook or personnel policies, as amended and revised from time to time. T. The employee has violated the provisions of the Safety Accountability Policy as defined in Article 800 of this manual. U. The employee has falsified information on their application form or in job interview(s); ARTICLE 800 SAFETY ACCOUNTABILITY POLICY 800.1 OBJECTIVE The purpose of this section is to preserve lives, reduce injuries, and curtail property ~ damage. Safety rules are designed to provide a safe and secure work place for every individual. Each employee of the City of Riverside is responsible for performing his/her job in the SAFEST manner possible. This responsibility begins with each employee and continues through supervisory employees, departments, to the City Administrator. Each person is ultimately responsible for his/her personal safety and also for the safety of co- workers and the public. Voluntary compliance is expected. Violations of safe work procedures may result in disciplinary action up to and including discharge. City codes require the use of safety belts when using all vehicles and/or equipment. Signs have been posted to remind employees of this requirement. 800.2 SAFETY AWARENESS Safety rules and regulations have beeri developed for your protection and are an important element in providing good working conditions for you and all of the City's employees. The rules in each department are for your protection and guard against personal injury, lost time and damage to equipment that result when good work habits and methods are not followed. An effective safety program is demanding of all, but by fostering a high safety awareness, everyone will benefit by making the City a good, safe place to work. Be aware and do your part to be safe. If you are injured while at work or if you think you have sustained an injury on the job, report it immediately to your supervisor. With your assistance your supervisor will 21 2/22/05 i ,. , .1 ¶ ~. _ T I, complete an incident/accident report which is to be turned in to the City Administrator as soon as possible following the accident but not more than twenty-four (24) hours later. All work related injuries and illnesses must be reported to the City Administrator for workers' compensation filing. The City provides medical treatment and benefits for work-related injuries according to the provisions of the Missouri Workers' Compensation Act. The rights, obligations and duties of both the City and an injured employee are governed by this law. The City Administrator is available at all times to answer any questions about work-related injuries and benefits. Safety Rules for All Departments. All employees are required to obey all safety rules and to help i n making their department a safe and orderly place to work. These safety reminders have been established for the protection of each employee. 1. Never operate any machinery or equipment unless you are trained and specifically authorized to do so by your Supervisor. 2. Do not operate defective equipment. Do not use broken hand tools. Report defective or hazardous equipment to your Supervisor. 3. Obtain full instructions from your Supervisor before operating a machine with which you are not familiar. ' 4 Never start on any hazardous job without being completely familiar with ~ . the safety techniques which apply to it. Check with your Supervisor if in doubt. 5. Make sure all safety attachments are in place and property adjusted before operating any machinery. 6. Do not operate any machinery, equipment, or vehicles at unsafe speeds. Shut off equipment which is not in use. 7. Wear all protective garments and equipment necessary to be safe on the job. Wear proper shoes; sandals or other open-toed or thin-soled shoes should not be worn. Hard-toed safety shoes will be worn when authorized. 8. Do not wear loose, flowing clothing or long hair while operating moving machinery or equipment. 9. Never repair or adjust any machinery or equipment unless you are specifically authorized to do so by your Supervisor. 10. Never oil, clean, repair, or adjust any machinery while.it is in motion. 11. Never repair or adjust any electrically driven machinery without opening and properly tagging the main switch. 22 2/22/05 r .. , .i ,~ n ,~. W - 1 1' 12. Put tools and equipment away when they are not in use. 13. Do not lift items which are too bulky or too heavy to be handled by one person. Ask for assistance. 14. Keep all aisles, stairways, and exits clear of skids, boxes, air hoses, equipment, and spillage. 15. Do not place equipment, furniture, boxes and materials so as to block emergency exit routes, fire boxes, machine or electrical control panels, or fire extinguisher. 16. Stack all materials neatly and make sure piles are stable. Do not stack materials above a safe height. 17. Keep your work area, machinery and all City facilities which you use clean and neat. 18. Do not participate in horseplay, tease or otherwise distract fellow workers on the job. Do not run on City premises -- always walk. 19. Power truck/equipment operators must safeguard other workers at all times; workers must show courtesy to power truck/equipment operators. ~ 20. Never take chances. If you're unsure, ask your Supervisor. Let good common sense be your guide. Emergencies. For all emergency needs -- fire, police, or ambulance --dial 911. Be prepared to give adequate directions, address, your name, the phone number where you are calling from, and the emergency requiring service. Do not hang up the telephone until you are instructed to do so by the Dispatcher. Fire. Each building should have an exit procedure to be followed in case of a fire. This procedure should be rehearsed in periodic drills. Department Heads should explain the procedure to all employees and point our the location of the emergency exits and fire extinguisher. In the event of a fire, leave the building by means of the stairways and or emergency exits and proceed to the street. You should gather in a designated area. You are to remain at the designated area until released by your Department Head. This will ensure that everyone is accounted for. The City provides medical treatment and benefits for work-related injuries according to the provisions of the Missouri Workers' Compensation Act. The rights, obligations and duties of both the City and an injured employee are governed by this law. The City Administrator is available at all times to answer any questions about work-related injuries and benefits. 23 2/22/05 r ...i i< ~. _ 1 ~,. 800.3 UNSAFE ACTS AND PREVENTABLE ACCIDENTS Any incident which involves an unsafe condition, even though it does not result in an injury, should be reported. The following guidelines will serve to inform all employees how they will be held accountable for unsafe acts and all preventable accidents. A PREVENTABLE ACCIDENT is one in which the employee fails to do everything he/she could reasonably be expected to do to prevent the accident. An UNSAFE ACT is one in which an action of the employee results in personal injury (without reasonable justification) to another individual; personal injury (without reasonable justification) to the employee; and/or vehicle or other property damage (without reasonable justification). The nature or severity of an unsafe act or preventable accident may result in differing degrees of discipline based upon the severity of the act or accident. 800.4 SAFETY COMMITTEE DEFINED ALL VEHICLE AND PERSONAL INJURY accidents will be reviewed by the Safety Committee. The Safety Committee has an employee member from each department of the city, as well as the City Administrator. 800.5 SAFETY ACCOUNTABILITY PROCEDURE 1. An incident form will be filled out and signed by the employee, witness to the incident and the department head. Forms must be filled out 4~, completely and all questions answered. If the employee is unable to participate in this procedure, the department head shall so indicate and sign the form then send it to the City Administrator. The Department Head will list any suggestions, recommendations or actions already taken by the department to eliminate or reduce the possibility of the accident reoccurring, sign it and sent it to the City Administrator within 24 (twenty-four) hours of the incident. 2. All vehicle and personal injury reports will be given to the Safety Committee on a monthly basis. Each employee involved in a vehicle or personal injury accident shall be provided written notice of the scheduled meeting where their incident will be discussed. The employee shall be given the opportunity to respond to questions relating to the incident and present information supporting his/her action at said meeting. 3. The City Administrator shall provide written notice of the Safety Committee's recommendation to each employee involved. 4. Following the Safety Committee's review, the City Administrator shall render a final decision and, if applicable, recommend disciplinary action. The employee and the Department Head will be notified of the findings and/or any disciplinary action to be taken, in writing. 24 2/22/05 i, ,. , .T ,. ¶ ~. _ ~ T 1 ARTICLE 900 SEPARATION FROM THE SERVICE 900.1 RETURN OF CITY PROPERTY An employee leaving the service is responsible for returning any City property which he/she may have in his/her possession. Upon termination, such property as wearing apparel, badges, weapons, fire gear, keys, copy of the Personnel Manual, tools, etc., must be returned to the department from which the employee is separating. Failure to return City property may result in the employee's final check being retained or in deductions being made for the value of the property. 900.2 TERMINATION CLEARANCE Employees terminating their employment with the City of Riverside should report to the Fiscal Officer in order to receive information on termination benefits prior to their separation from service. 900.3 EXIT INTERVIEWS Employees are encouraged to arrange an exit interview with the City Administrator. ARTICLE 1000. HOURS OF WORK AND LEAVE OF ABSENCE 1000.1 HOURS OF WORK Regular working hours for all full-time employees shall be forty (40) hours each week, which shall be the standard work week, except as otherwise provided herein, or except as otherwise provided by departmental regulations. 1000.2 PAID VACATION LEAVE General Information: Paid vacation leave shall be allowed for all regular full-time employees, certain working test period full-time employees, and certain regular part-time employees after a certain period of continuous service as hereinafter provided. All full-time city employees are eligible for vacation leave. All part-time employees working at least 1040 hours a year are eligible for vacation leave, with their pay for the vacation period being calculated by the part- time employee's normal hours worked per week. The calendar year, January 1 through December 31, is used for the purpose of accruing and granting vacation leave. Vacation leave will be scheduled in accordance with the member's personal preference and the operation requirements of the department. Earned vacation will not be carried forward into the next calendar year. 25 2/22/05 i, .. , .r n ~. T 1.. Waiving Vacation Prohibited. As vacation leave is granted to employees for a period of recreation, no employee shall be permitted to waive such leave for the purpose of receiving double pay. Holidays Occurring During Vacation. Any official holiday as set forth in this Article, which occurs during an employee's scheduled vacation period shall not be counted as a day of vacation. Regular Employees: For regular full-time employees, vacation leave will be granted each year at their current rate of earnings, according to the following schedule: First Calendar Year of Employment a. An employee appointed after the first work day in a calendar year will earn three hours and thirty minutes per month for that year, not to exceed five days accumulated vacation. b. An employee appointed on or before the 15th day of the month will earn three hours and thirty minutes of vacation leave for that month; an employee appointed after the 15th day of the month will not. c. An employee shall have worked 9 months in the first calendar '~ year to be eligible to earn ten days of vacation in the second calendar year. 2. At Least Two Years but Less than Ten Years An employee will begin to earn 10 days of annual vacation on the first day of the calendar year immediately following the calendar year of appointment, providing that the employee has met the nine month requirement in the first calendar of employment. 3. At Least Ten Years But Less Than Twenty Years An employee will begin to earn fifteen (15) days of annual vacation on the first day of the calendar year beginning with the eleventh year of employment. 4. After Twenty Years of Employment An employee will begin to earn twenty (20) days of annual vacation on the first day of the calendar year beginning with the twenty-first year of employment. Payment at Termination. Separating members will be compensated for vacation leave earned but not taken as of the last day worked, provided ~-- ~, the person has been in the service of the City for at least six (6) full 26 2/22/05 ~., months. When a person is re-employed, their new employment date shall be the basis of computation for accrual of vacation leave. 1000.3. SICK LEAVE Each regular employee in the classified service shall accrue sick leave at the rate of one (1) day per calendar month of employment. Part-time employees, working at least 1040 hours a year, shall earn apro-rated amount of sick leave based upon that employee's hours of work per month. Sick leave is not a privilege an employee may use at his/her discretion, but shall be allowed only in case of actual illness, including doctor and dental appointments, or disability to himself/herself, or in cases of illness or death in his/her immediate family. In the case of illness in the immediate family, "Immediate Family" shall mean the employee's father, step-father, mother, step-mother, brother, step-brother, sister, step- sister, mother-in-law, father-in-law, daughter-in-law, son-in-law, spouse, children, or grandparents of the employee. In the event an employee has used all his/her accrued sick leave and still requires time off due to the illness or injury, he/she may elect to use any or all of his/her accrued vacation leave. Sick Leave: When Taken. Sick leave with pay must be earned before it can be granted. Sick leave with pay will be granted for absence from duty because of actual ~ personal illness, non-compensable bodily injury or disease, exposure to contagious disease, to keep a doctor's or dentist's appointment, or in a case of illness in the employee's immediate family. 1. When an employee finds it necessary to be absent for any of the reasons specified herein, the person shall cause the facts to be reported to their Department Head thirty (30) minutes prior to the daily work time for reporting to work. Sick leave shall not be granted unless such report has been made. 2. An employee must keep his/her Department Head- informed of their condition if the absence is of more than three (3) days duration. An employee may be required to submit a medical certificate for any absence. Failure to fulfill these requirements may result in a denial of sick leave. No refund of vacation time shall be allowed for illness incurred while on vacation leave, unless such illness is certified by a physician and approved by the City Administrator. 3. Sick leave shall be taken in blocks of four (4) hours. Accrual. Sick leave accrual shall be limited to a maximum of ninety (90) days. Incentive for Unused Sick Leave. As additional incentive, persons not using any of their sick leave during the calendar year, will receive one (1) day's regular pay. This amount is to be paid on the first pay period of the calendar year following. `•_.- 27 2/22/05 i. ... .T >I T. _ T ~. 1000.4 WORK-RELATED INJURY LEAVE Employees who suffer an on-the job illness or injury are covered under the Missouri Workers' Compensation Act and regulations. This Act and regulations will be used to determine whether an illness or injury is indeed work-related. The City provides medical treatment and benefits, including leave, associated with work-related injuries according to the provisions of this law. The rights, obligations and duties of both the City and an injured employee are governed by this law. Generally, an employee suffering an on-the-job injury or illness is entitled to statutory workers' compensation benefits in an amount equal to a percentage of the employee's average weekly wage. However, the City will pay to the injured employee receiving workers' compensation benefits the difference between the amount of benefits to which he/she is entitled under the workers' compensation law and his/her regular pay so that the employee will continue to receive his/her full rate of pay for a period not to exceed twenty-four (24) weeks. All workers' compensation payments for the employee will be paid directly to the City to provide accurate documentation of payments made to the employee. Following the expiration of twenty-four (24) weeks, the employee will receive only those amounts to which he/she is entitled under the workers' compensation law. It is important that every employee understand that if awork-related injury is sustained in connection with drug or alcohol use, an injured employee's workers' compensation benefit may be reduced or forfeited in accordance with state law. Significantly, state law provides that employees that are injured on-the-job "in connection with" the use or being under the influence of drugs or alcohol will suffer a fifteen percent (15%) reduction in workers' compensation benefits. In addition, the law also provides for a complete forfeiture of workers' compensation benefits if the employee's use or being under the influence of drugs or alcohol is the "proximate cause" of the employee's injury. 1000.5 TRANSITIONAL DUTY An employee who has suffered an injury or illness that temporarily limits his or her ability to perform normal work assignments may be assigned transitional duty. Transitional duty consists of modified job assignments and may be available based upon the physical restrictions placed upon an injured employee by his or her treating physician. Transitional duty will be made available on a temporary basis depending upon the City's ability to provide modified work assignments. As transitional duty is dependent upon business demands, the City cannot guarantee that transitional duty will be available at all times. Where transitional duty is available, it is limited to a period of no more than ninety (90) days. 1000.6 FAMILY AND MEDICAL LEAVE An unpaid leave of absence for up to 12 weeks during any 12-month period may be granted to an employee for family or medical reasons described in this Family and Medical Leave policy. To be eligible for family and medical leave under this policy, you must have been employed by the City for at least twelve (12) months and have worked 28 2/22/05 i. ,T 1< ~. ~ _ ~, 1. at least 1,250 hours during the twelve (12) months before leave is to be taken. An eligible employee is entitled to twelve (12) unpaid workweeks of leave during any twelve (12) month period for three reasons: (1) because of the birth or placement for adoption or foster care of a child; (2) because of a serious health condition of a spouse, child, or parent; or (3) because of the employee's own serious health condition. (A serious health condition means an illness, injury, impairment, or physical or medical condition involving either inpatient care or continuing treatment by a health care provider). Leave may be taken intermittently or on a reduced schedule under the following circumstances only: For the birth or adoption of a child. Only if the arrangement for reduced or intermittent leave is agreed upon in advance by the City. For serious health condition of the employee or the employee's spouse, child, or parent. Only if medically necessary. 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. If you wish to request family and medical leave, you must notify the City Administrator as early as is practicable. In the case of leave for birth or placement of a child, you must give 30-days advance notice before the date leave would begin if at all possible. An employee requesting family and medical leave must first use any unused sick leave, paid vacation time, personal leave or other similar accrued paid leave at the beginning of the leave period. These paid days will count against the total twelve (12) weeks allowed. If your spouse is also employed by the City and you and your spouse both wish to take leave to care for a newly arrived child, you and your spouse's aggregate leave is limited to twelve (12) weeks. If the leave is requested because of the illness of a child or the other spouse, each spouse is eligible for up to twelve (12) weeks of leave. Leave for the birth or placement of a child may be taken only within twelve (12) months of that birth or placement. In general, an employee who completes a period of family or medical leave shall be returned to the same position he or she had before, or to a position equivalent in pay, benefits, and other terms and conditions of employment. Additionally, upon returning from family medical leave for your own serious health condition, you must provide certification from a health care provider stating that you are able to resume work. You also are entitled to receive health benefits while you are on unpaid family and medical leave under the same terms and conditions as when on the job. Thus, you must continue to pay your own regular contributions for health benefits. Health coverage premiums paid for an employee by the City during 29 2/22/05 ~,,, unpaid leave must be repaid by the employee if the employee fails to return from their leave, except if the reason for the failure to return is the continuation, recurrence, or onset of a serious health condition, or something else beyond the employee's control. All leave taken for short-term disability, long-term disability, maternity, workers' compensation and similar leave programs (when appropriate) will be counted as part of the twelve (12) weeks allowed for family and medical leave. No leave of absence taken under this family and medical leave policy will be the basis for any disciplinary or other adverse action against any employee. Should you have any questions regarding this policy, please feel free to contact the City Administrator. 1000.7 MILITARY LEAVE Military Leave of Absence. Regular employees entering the active military service of the United States by draft during peacetime, or by enlistment or draft during a national emergency, shall be granted a leave of absence without pay to extend for sixty (60) days beyond the date of termination of active military service. Accruable time (i.e. sick leave, vacation, holiday) shall discontinue accruing and benefits shall discontinue being paid by the City when an employee's leave exceeds one calendar month. Employees should check with the City Administrator to determine their eligibility to continue benefits at their own expense. At or prior to expiration of the military leave of absence, regular employees who wish to return to work shall inform their Department Head of their willingness and ability to return to City employment in their former position. An employee appointed to fill a military leave vacancy shall have their appointment designated as "military replacement" and will extend until the incumbent returns from military leave. Military service shall include the Army, Navy, Air Force, Marine Corps, and Coast Guard, as well as auxiliary branches of services, but shall not include services as civilian employees of any other services. Employees who perform and return from military service in the Armed Forces, the Military Reserves or the National Guard shall have and retain such rights with respect to reinstatement, seniority, vacation, layoffs, compensation, length of service pay increases and other terms and conditions of employment as provided by applicable federal or state law. Upon satisfactory completion of military service and timely notice of intent to return to work, an employee will be reinstated to a job comparable to the one the employee left, provided the employee is qualified and the City's circumstances have not changed to the extent that it would be impossible or unreasonable to provide re-employment. Annual Military Training Leave. Section 105.270 RSMo, provides that all officers and employees of the State and of any municipality and other State agencies who are, or may become, members of the National Guard or of any reserve component of the Armed Forces of the United States, shall be entitled to leave of absence from their respective duties without loss of time, pay, regular leave, impairment or efficiency rating or of any other right or benefit to which otherwise entitled, for all periods of military service of this State or of the united States under competent orders; except that an officer of employee, ~ while on leave shall be paid his/her salary or compensation for a period not to exceed a 30 2/22/05 - ~. r ,. .T ~ T. --r-_-~,. --,.- ~„ total of fifteen (15) working days in any calendar year. All employees entitled to military leave shal- give the Department Head an opportunity, within the limits of military regulations, to determine when such leave shall be taken. 1000.8 LEAVE OF ABSENCE -GENERAL The City Administrator may grant an employee a leave of absence, without pay, for a period not to exceed one (1) year, upon written request therefore. Said leave may be terminated, at the discretion of the City Administrator, if the employee becomes gainfully employed during the period of the leave. Accruable time (i.e. sick leave, vacation, holiday) shall discontinue accruing and benefits shall discontinue being paid by the City when an employee's leave exceeds one calendar month. Employees should check with the Fiscal Officer to determine their eligibility to continue benefits at their own expense. 1000.9 MATERNITY LEAVE Maternity shall be treated as any other non-duty, temporary disability covered under the rules pertaining to sick leave, disability leave, and leave of absence without pay, and Family and Medical Leave. 1000.70 JURY DUTY The City encourages employees to fulfill their civic responsibility to serve on juries when requested. Full-time hourly employees assigned to jury duty will receive the difference between their regular pay and jury duty pay for the days absent from work due to their jury duty assignment. An employee must present a copy of the summons for jury duty to his or her supervisor when this leave is requested. Upon completion of jury duty service, the employee must present to his or her supervisor evidence certifying the dates jury duty was served: Jury duty does not count as hours worked when computing overtime pay. 1000.11 VOTING LEAVE Any employee eligible and registered to vote in any election held within this state, or any primary election held in preparation for such election shall, on the day of such election, be entitled to leave from duty, if on duty, for a period not to exceed three (3) consecutive hours of voting time between the time the polls open and the time the polls close. The Department Head will specify time off either at the beginning of the work shift, or at the end of the work shift, if the employee's work shift schedule provides less than three (3) consecutive hours voting time while the polls are open. Exceptions may be arranged with the approval of the Department Head. However, the employee must request time off for voting purposes at least one work day in advance of the election day. Employees may be required to show current eligible voter registration cards to their Department Head prior to release for voting purposes and no employee shall be granted time off with pay for voting who is not eligible to participate in a given election. 31 2/22/05 r .. , .1 ,. ¶ ~. _ j I, 1000.12 BEREAVEMENT LEAVE An employee may be entitled to three (3) days leave with pay for death within the immediate family (father, mother, husband or wife, brothers or sisters, grandmother, grandfather, or children) and one (1) day's leave with pay for a death within the spouse's immediate family. Purpose of this leave is to attend the funeral and to help take care of personal matters. Bereavement pay will be computed at the employee's current rate of pay and one day of bereavement leave consists of eight (8) hours. Bereavement leave will not be counted as time worked when computing overtime. 1000.13 HOLIDAYS The general City offices shall be closed on the days which have been designated as legal holidays by the Board of Aldermen: New Year's Day First day of January Presidents Day Third Monday in January Memorial Day Last Monday in May Independence Day Fourth day of July Labor Day First Monday in September Veteran's Day Eleventh day of November Thanksgiving Day Fourth Thursday in November Christmas Day Twenty-fifth day of December Employees scheduled to work on the day when the general city offices are closed in observance of a holiday shall receive holiday pay for their standard work day in addition to their regular day's pay. 1100. EMPLOYEE DEVELOPMENT 1100.1 PERFORMANCE EVALUATION PLAN '~ The City Administrator will develop a performance evaluation plan for use in making promotion decisions, pay raise decisions and taken other appropriate personnel actions. Additionally, the performance evaluation plan has been created in an effort to improve supervision, to improve employee performance, to offer guidance concerning training needs and validation of recruiting and testing procedures. In general, the performance evaluation plan will assist the City in strengthening its overall personnel administration and its service to the community. 1100.2 RATING PLAN The City Administrator shall establish and maintain a Performance Evaluation Plan whereby every classified employee of the City is rated at least annually as to his/her job performance. An employee who has been given an unsatisfactory service rating shall be 32 2/22/05 ~,, rated a second time during a period not to exceed six (ti) months following his/her unsatisfactory performance rating. Such ratings shall be made by the Department Head on a form prepared by the City Administrator. The Department Head so rating an employee shall discuss the rating with the employee. 1100.3 EMPLOYEE TRAINING Each Department Head shall be responsible for developing and supervising training programs for employees under his/her direction. Such training programs may include lecture courses, demonstrations, assignments of reading matter or such other devices as may be available for the purpose of improving the efficiency and broadening the knowledge of municipal officers and employees in the performance of their respective duties. Participation and successful completion of such special training courses mentioned above may be considered in making advancements and promotions. Evidence of such activity shall be filed by the Department Head with the City Administrator. The Department Head will review and approve all requests for reimbursable travel and expenses for city employees to attend a meeting, seminar, school or businesses related meals that pertain to city business. If the city employee is authorized to attend the meeting, seminar, or school that pertains to city business, expenses shall be paid pursuant to the official City of Riverside Travel Expense Reimbursement Policy. When authorized, mileage allowances for trips by personal vehicles will be reimbursed at ~ the rate annually established by the City Administrator. Employees who use a personal automobile in the performance of official duties, either as incidental or as a normal part of their regular work assignment, shall be reimbursed at the rate established annually by the City Administrator. All travel and miscellaneous expense reports including receipts shall be filed within thirty (30) days of completion of the meeting, seminar, or school or within thirty (30) days of the payment of the advance of the requested funds for the meeting, seminar, or school. If travel time to the special location is prior to regular work hours and exceeds thirty (30) minutes, the excess travel time will count as hours worked. 1100.4 EMPLOYEE TRAINING AND CERTIFICATION OF ATTENDANCE AT TRAINING SESSIONS, SEMINARS, SCHOOLS AND CERTIFICATION SESSIONS PAID FOR BY THE CITY With the increased demands for training required by the Police and Fire safety programs, employees who are encouraged to benefit from the advanced training will fall under the same guidelines as those for Ti-avel/Training Expense Reimbursement in Article 300.12. Any employee attending a training program (whether it be a course, meeting, demonstration, school, or certification program) which is paid for by the City shall within 10 days after the completion of such training program submit to the City Administrator a certification signed under oath truthfully stating either that the employee in fact attended 33 2/22/05 ~. .. , .T ¶ 1 i _ 7 1 ~,,,, the entire program and fulfilled all requirements for obtaining any certification(s) that may be applicable or if the entire program was not attended or all requirements for certification were not met, how much of the program was attended and how many of the certification requirements were met and the reason why the entire program was not attended and/or why not all certification requirements were met. Failure to fully comply with this requirement and/or an unjustified failure to attend an entire program and/or meet all applicable certification requirements is grounds for appropriate disciplinary action, up to and including termination of employment and/or reimbursement to the City of all or a portion of the expenses paid by the City for such training program. ARTICLE 1200. GENERAL EMPLOYMENT PROVISIONS 1200.1 APPEARANCE City employees are expected to be appropriately dressed for the type of work they are performing. Each Department Head will be responsible for determining the appropriate dress code for their department. In general: Office Personnel. You should be property attired for the office environment. Casual attire (such as shorts), by either sex, is unacceptable and not permitted unless specifically authorized for a necessary reason. Uniformed Personnel. If you are provided with uniforms, you are required to ~ wear your uniform and to report to work with them being clean and neat in appearance, unless this requirement is expressly waived by the Department Head. You will not be permitted to wear uniforms provided by the City during off duty hours. Police officers may wear their uniforms when on duty providing security for school or civic functions. However, off duty personnel working for hire as security guards for a private firm or business will not be allowed to wear the City's uniform. Public Works Personnel. While on duty you will not wear T-shirts and caps with slogans, symbols, etc. that may be offensive to the public, or that would demonstrate a preference for a particular vendor or product or that support a political candidate or philosophy. Work pants should be in neat condition. Holes in knees or seat will not be permitted. 1200.2 OUTSIDE EMPLOYMENT The City has no objection to outside employment which does not unfavorably affect attendance, efficiency, confidential information or the City's reputation. Prior approval must be obtained from an employee's respective Department Head. Each Department Head may be asked to provide a list to the City Administrator of employees working outside and where employed. Public Safety employees working in security positions for outside firms must be aware that insurance providers no longer allow employees to wear uniforms designating their employment with the City of Riverside. Generic uniforms or 34 2/22/05 -- r ... .1 >I ~. 1 ~. ~,,, uniforms provided by the firm must be provided. No exceptions can be made to this policy for purposes of liability. Department issued firearms and weapons may not be used in connection with outside employment. 1200.3 EMPLOYEE BENEFITS Coverage for and participation in employer benefits may be mandatory and a condition of employment as provided in existing and future ordinances. Benefit programs and the degree of employee participation are subject to changes as the needs of the City dictate. 1200.4 RETIREMENT The City provides two retirement programs which are governed by the Federal Insurance Contribution Act and the Local Government Employees Retirement System, a program of the State of Missouri. Both programs are subject to amendment and revision by the Federal Government. 1200.5 NO-SMOKING POLICY The purpose of this policy is to create a safe, clean and healthy working environment for non-smokers and smokers alike by prohibiting smoking from all city buildings. This includes garage and bay areas. No person shall smoke any cigarette, cigar, pipe or other tobacco product in any building owned by the City of Riverside. Administration of this policy will be conducted by Department Heads and the City Administrator. Disciplinary action, in accordance with Article 700 of this personnel manual, will be taken against any employee who violates this policy. 1200.6 BREAK POLICY In order to allow employees time away from their duties to refresh themselves, make or take personal phone calls, etc., a fifteen (15) minute break will be allowed- each employee during each four hour block of duty time. Employees should plan their personal time to meet with the schedule arranged by the Department Head. ARTICLE 1300. EMPLOYEE CODE OF ETHICS 1300.1 PRINCIPLE TO BE ACCEPTED Employees shall accept the fundamental principle that the sole function of local government is the efficient provision of facilities and service deemed essential for the kind of living desired by the resident population. 1300.2 EQUAL TREATMENT OF CITIZENS Employees shall give fair and equal treatment to every citizen. No employee shall grant a special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen. 35 2/22/05 i. ,. , .T ¶ ~. ~ _ j ~, 1300.3 FINANCIAL INTEREST No employee shall have a financial interest, direct or indirect, in any contract with the City, or be financially interested, directly, or indirectly, in the sale to the City of any land, materials, supplies, equipment or services. Any employee violating this section shall forfeit his/her office or employment and be subject to such additional penalties as may be provided by this chapter or by ordinance. 1300.4 ENGAGEMENT IN BUSINESS No employee shall engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his/her official duties or that would tend to impair his/her independence of judgment or effectiveness in the performance of his/her official duties. The City Administrator shall have the final determination of incompatibility or impairment. 1300.5 PRIVATE INTEREST LEGISLATION Any financial or private interest in any proposed City legislation by an employee shall be promptly disclosed to the City Administrator regarding the nature and extent of such interest. 1300.6 REPRESENTATION OF PRIVATE INTERESTS No employee shall appear on behalf of private interests before any officer (Officer being interpreted as Mayor, Board of Aldermen, City Administrator, Municipal Judge, Director of Public Safety, City Clerk, Treasurer, City Attorney, City Prosecutor, City Engineer and Secretary to the Board of Aldermen), department or agency of the City government, and no employee shall represent private interests in any action or proceeding against the interest of the City, in any litigation to which the City is a party or in any action or proceeding in the Municipal Court in which the City or any agency or any officer or employee of the City, in the course of his/her duties, is a complainant. 1300.7 GIFTS No employee shall accept any valuable gift, whether in form of service, loan, object, promise, or in any other form, from any person which, to his knowledge, is interested, directly or indirectly, in any manner whatsoever, in business dealings with the City. 1300.8 DISCLOSURE OF INFORMATION No employee shall disclose confidential information concerning the property, government or affairs of the City, nor shall he/she use such information to advance the financial or other private interest of himself/herself or others. 1300.9 SALES TO THE CITY No employee shall sell or barter anything to the City, or make any contract with the City 36 2/22/05 ~,,, to purchase anything from the City other than those things which the City offers generally to the public (for example: utility services), and then only on the same terms as are offered to the public. 1300.10 POLITICAL ACTIVITIES Full-time employees shall not solicit, receive, or contribute, or be in any manner concerned in the soliciting, receiving or contributing of any monetary or valuable consideration or assistance, financial or otherwise, for the political purpose of any candidate for City office, except to express his/her private, personal opinion off duty and to cast his/her vote. 1300.11 USE, CARE AND RETURN OF CITY FACILITIES AND MATERIALS All City-owned facilities, buildings, equipment, motor vehicles, tools, supplies, materials and other items of value are for the express purpose of carrying out City services. No employee, or agent of the City, shall use any City-owned facility, building, equipment, motor vehicle, tool, supply, materials, or other items of value for their personal benefit, or for the personal benefit of any other individual, unless such action is required in the performance of official duties. Employees are responsible for the care and return of City property during, as well as at the termination of, employment. 1300.12 SUPPLEMENTAL RULES Each Department Head may supplement the employee's code of ethics, as set out in this article with provisions which would be uniquely peculiar or applicable only to that department. However, any such additional provisions shall be submitted to the City Administrator for approval. 1300.13 EMPLOYEE REFERENCES Only job-related information shall be given such as: a. The dates of the employee's employment b. The employee's position with the City c. The employee's rate of pay Any other information requested may only be released with verified written authorization from the employee and must have prior approval from the Mayor, or a person appointed by the Mayor, who shall ensure that all information is truthful and complete. Information shall not be given concerning quality or quantity of work, age, physical or mental disabilities, armed services discharge, previous periods of unemployment political activities or attitudes, grievances, or discrimination charges that may have been filed. No information will be released that would be detrimental to the City and violations of this policy will be considered detrimental to the City. `...- 37 2/22/05 r. .. , .T „ n ~. -- _ T 1 ~., 1300.14 RESPONSIBILITY OF EMPLOYEES The City of Riverside supports the policy of a safe working environment. It is the responsibility of each employee to conduct themselves in a safe and prudent manner in the discharge of their employment duties. ARTICLE 1400. ALCOHOL AND CONTROLLED SUBSTANCE ABUSE POLICY The City of Riverside has a vital interest in providing the citizens and the visitors with a safe community, and maintaining a healthy and secure working environment for its employees. The use of drugs and/or alcohol present serious safety and health risks. It is with the City's desire to create and maintain a drug free work place that the City of Riverside adopts the following policy. 1400.1 POLICY It is the policy of the City of Riverside to provide safe, dependable, and economical services to its citizens and to provide safe working conditions for its employees, and to comply with the requirements of federal law and regulations related to the Drug Free Work Place Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991. It is also the policy of the City of Riverside to provide healthy, satisfying, working environments for its employees. ~ To meet these goals, it is the policy of the City of Riverside to insure that its employees are not impaired in their ability to perform assigned duties in a safe, productive and healthy manner; to create a work place environment free from the adverse effects of alcohol and controlled substances abuse or misuse; to prohibit the unlawful manufacture, distribution, dispensing, possession or use of alcohol arid controlled substances; and to encourage employees to seek professional assistance when personal problems, including alcohol and controlled substance dependency, adversely affect their ability to perform assigned duties. 1400.2 PURPOSE The purpose of this policy is to assure worker fitness for duty and to protect employees and the public from the risks posed by the use of alcohol and controlled substances. It is also the purpose of this policy to comply with all applicable law including federal and state regulations governing work place alcohol and controlled substance abuse programs mandated under the above-noted acts. These acts mandate urine drug testing and breathalyzer alcohol tests for safety sensitive positions and prevent performance of safety-sensitive functions when there is a positive result. The federal law has also established standards for collection and testing of urine and breath specimens, the reporting of certain drug-related offenses, protective measures for certain employees tested, for the preservation of confidentiality, and for certain reporting. An additional purpose of this policy is to provide certain reasonable suspicion testing of employees in non-safety-sensitive positions, and such employees may be eligible for the rehabilitation program under Article 1400.10. ~~ 38 2/22/05 1, .1 ,. ~ ~. -,. - _.- T 1400.3 APPLICABILITY In accordance with the Omnibus Transportation Employee Testing Act and the Department of Transportation's Federal Motor Carrier Regulations, this policy applies to all applicants for positions requiring a Commercial Driver's License (CDL), all employees who possess a CDL and all employees who subsequently obtain a CDL. This policy also applies to all employees who perform safety-sensitive or security-sensitive duties, including but not limited to, all department public safety personnel, emergency services personnel and those whose primary job duties involve the operation of City vehicles. In addition, as set forth herein, some of the reasonable suspicion testing provisions of this policy contained in Article 1400.7 shall apply to all employees of the City of Riverside, Missouri. All contractors of the City of Riverside shall be required to state, in writing, that they comply with the provisions of this policy while engaged in services for the City of Riverside or in activity while on City of Riverside property as a condition of the award of any such contracts for services or.work and the continuation of same. 1400.4 DEFINITIONS Commercial vehicle - as defined in the statutes requiring commercial drivers license. Delay -Any failure to immediately report to the test site to participate in the required testing under this policy. ~- Safety sensitive position -All employees who perform safety-sensitive or security- sensitive duties, including but not limited to, all department public safety personnel, emergency services personnel and those whose primary job duties involve the operation of City vehicles and all employees who possess a Commercial Driver's License and use same in connection with their employment with the City. 1400.5 POLICY ADMINISTRATOR Unless otherwise designated, the City Administrator shall be designated as the controlled substance and alcohol Policy Administrator for the City of Riverside. Any inquiries concerning this policy, its application, its administration, or its interpretation shall be made to the Policy Administrator. The City Administrator shall designate a position to be identified to the public and to employees whose incumbent is the primary person. responsible for the implementation and administration of this policy under the supervision of the City Administrator, if the person is not the chief administrator of the jurisdiction. The Policy Administrator shall develop and maintain a current list of the safety sensitive positions that are governed by this policy. The list shall be available for inspection in the Administrator's office of the City of Riverside. Individuals who are applying for positions with the City of Riverside and affected employees shall be notified of the safety-sensitive positions that are covered by this policy, and all employees shall be notified that they are subject to the reasonable suspicion testing provisions of this policy. ~~ 39 2/22/05 r ... .1 ,.~ 1. _ T L The Policy Administrator shall develop all forms necessary to carry out the provisions of this policy, unless the forms are provided under the federal regulations. The forms shall be provided to appropriate persons who are responsible for the implementation and management of this policy. 1400.6 ALCOHOL & CONTROLLED SUBSTANCES PROHIBITIONS An employee in a safety sensitive position is prohibited from the operation of a commercial motor vehicle on City business and/or from engaging in any work related functions, for alcohol related conduct: (1) while consuming alcohol; (2) while having a blood alcohol concentration of 0.02 or greater; (3) withing four (4) hours of consuming alcohol; (4) within eight (8) hours after refusing to submit to an alcohol test; and (5) from consuming alcohol within eight (8) hours after an accident as specified in this policy. An employee not in a safety sensitive position is prohibited from the operation of a commercial motor vehicle on City business and/or from engaging in any work related functions, for alcohol related conduct: (1) while consuming alcohol; (2) while having a blood alcohol concentration of 0.04 or greater; (3) within two (2) hours of consuming alcohol; and (4) from consuming alcohol within eight (8) hours after an accident while on City business or while operating a City owned or leased vehicle. All employees are prohibited from the unauthorized use of a controlled substance at any time, whether on or off duty. All employees are prohibited from the unauthorized possession of alcohol while on duty and of controlled substances at any time, whether on or off duty. An employee in a safety sensitive position who is convicted of illegal conduct related to controlled substances or alcohol or who fails to report such a conviction to the Policy Administrator shall be subject to disciplinary action up to immediate termination from service. Any employee whose job performance requires the possession of valid CDL and who loses the CDL for a violation of or as a consequence of the law shall be subject to disciplinary action up to and including termination from service. The employee shall notify the Policy Administrator and the employee's immediate supervisor of the loss of the CDL. Failure to notify the Policy Administrator of the loss of the CDL shall result in immediate termination from service. Any employee who is consuming a prescribed or authorized controlled substance or other substance of any kind whose side effects may pose a direct threat to the health or safety of that employee or others shall provide written notice to the Policy Administrator of such consumption, and any restrictions imposed by the employee's doctor, upon reporting to work and prior to engaging in any work related activity, or earlier if possible. Failure to report shall be cause for disciplinary action up to and including termination from service. The Policy Administrator may contact your physician about the substance and any restrictions. 40 2/22/05 i. ... .T „ ~ a. - ~ -- j ~, ~„ 1400.7 CONTROLLED SUBSTANCE AND ALCOHOL TESTING PROVISIONS Employees working in safety sensitive positions shall be subject to controlled substances and alcohol testing including the following types of tests: pre-employment testing; random testing (except as provided herein); reasonable suspicion testing; post- accident testing; return to work testing; and follow-up testing to rehabilitation programs. Employees who do not work in safety sensitive positions shall be subject to those reasonable suspicion testing provisions applicable to them as specified in numbered sub-section 2 of Article 1400.7 and in Article 1400.10, if applicable. 1. Pre-Employment Testing Pre-employment urine drug testing shall be required of all applicants for safety- sensitive positions covered by this policy as a condition of the application procedure. Current employees in safety-sensitive positions shall be subject to the same pre-employment urine drug test. Receipt of satisfactory test results is required prior to commencement of employment and/or engaging in safety sensitive functions, and the failure of a controlled substance or alcohol test disqualifies an applicant from appointment to employment for a period of at least 120 days. Evidence of the absence of controlled substances or alcohol dependency from a Substance Abuse Professional (SAP) and negative controlled substance and alcohol tests shall be required prior to further consideration for any employment in asafety-sensitive position, including reports from prior employers by an employee's written authorization. `-' 2. Reasonable Suspicion Testing Reasonable suspicion testing shall be used to determine fitness for duty evaluations, including appropriate urine and/or breath testing when there are objective observable reasons giving rise to an individualized reasonable suspicion that would cause the City to believe that a controlled substance or alcohol use is adversely affecting an employee's job performance or that an employee in a safety sensitive position has otherwise violated a provision of this policy. Reasonable suspicion referral for testing shall be made for any employee on the basis of documented objective facts and circumstance which are consistent with the effects of controlled substance use or alcohol use adversely affecting job performance, including observable phenomena, such as direct observation of drug or alcohol use or possession on the job and/or the physical symptom(s) of being under the influence of a drug or alcohol while on the job, or information provided either by reliable and credible sources or independently corroborated of substance or alcohol use adversely affecting job performance. In addition, for employees in safety sensitive positions, reasonable suspicion testing shall also be allowed based on off-duty drug use based upon observable phenomena, direct observation of drug use or possession and/or the physical symptoms of being under the influence of a drug whether such information is based on the observation of a supervisor or manager or the information is provided either by reliable and credible sources or independently corroborated of controlled substance use or recent sale or possession of controlled substances or recent arrest or recent conviction for a drug related offense, or the recent 41 2/22/05 ~, identification of an employee as the focus of a criminal investigation into illegal drug possession, use or trafficking or newly discovered evidence that the employee has tampered with a previous drug test. Reasonable suspicion observations and reports may be made by supervisory or management personnel who are trained to detect the signs and symptoms of controlled substance and alcohol use or by other reliable and credible sources. The supervisor or manager or person, who observes such conduct or who receives a reliable and credible report of such conduct, whether or not the person is the employee's immediate supervisor, should complete the appropriate required documentation concurrently with the observation and/or receipt of other information giving cause for reasonable suspicion testing. Reasonable suspicion testing may only be ordered or requested by a supervisor or manager trained to detect the signs and symptoms of controlled substance and alcohol use. Although reasonable suspicion testing does not require certainty, mere hunches are not sufficient to meet this standard. Reasonable suspicion testing based on observations on the job should be completed whenever possible within two (2) hours of the observation, but in any case no later than eight (8) hours after the observation for breath alcohol testing and thirty-two (32) hours for controlled substance testing. 3. Post Accident Testing Post accident testing shall be required to test employees after a vehicular on-the- job accident has occurred in which a fatality has occurred, or when a traffic citation is issued after an accident, or testing may be required where injury to a person requires transport to a medical treatment facility, or disabling damage to one or more vehicles requires towing from the accident site to occur. Testing shall include both breath alcohol and urine drug testing of the employee(s). Post accident testing should be required and completed whenever possible within two (2) hours of the accident occurrence, but in any case no later than eight (8) hours after the accident for breath alcohol testing and thirty-two (32) hours for controlled substance testing. An employee involved in an accident shall refrain from alcohol consumption for eight (8) hours following the accident. 4. Random Testing Random testing shall be conducted on all persons covered by this policy who are in safety sensitive jobs. Random testing shall be unannounced and conducted with unpredictable frequency throughout the year using an established scientifically-based selection method. Testing shall be conducted whenever and as ordered by appropriate supervisory personnel, but no less frequently than required by federal law and regulations, and in such numbers as is minimally determined under the regulations. For the purposes of random testing, the Department of Transportation's Federal Motor Carrier Regulations currently provide that a minimum of 50% of the average number of driver positions occupied by employees with CDLs must be 42 2/22/05 ~. ...T , ¶ T. _ T ~. tested annually. As this percentage may from time to time be changed by the Department of Labor, the City may alter the average frequency of random testing for those employees with CDLs. In order to comply with this federal requirement, only those employee with CDLs will be used to calculate the average testing percentage. All other employees who are subject to random testing may be tested more or less frequently than those with CDLs. Return to Work Testing Return to work urine drug and alcohol testing for all employees covered by this policy shall be required for all employees who previously tested positive on a controlled substance or alcohol test. To return to work, the employee must test negative and be evaluated and released to return to work by a SAP before being permitted to return to work. Follow-Up Testing Follow-up testing of employees returning to work shall be required for employees to submit to frequent unannounced random urine drug and breath alcohol testing for at least six (6) times in the following twelve (12) months after return to work, which random testing may be continued for a period of up to sixty (60) months from the employee's return to work date. Any employee who questions the results of a required urine drug test under this policy may request that an additional test be conducted. The test must be conducted on a split sample that was provided at the same time as the original sample and the test analysis shall be conducted at a different qualified laboratory than where the original test was conducted. All costs for employee-requested testing shall be paid by the employee unless the second test invalidates the original test. An employee's request for a re-test must be made to the Medical Review Officer (MRO) within seventy-two (72) hours of the notice to the employee of the initial test result. Requests made after the seventy-two (72) hour limit will only be accepted if the delay was due to documentable facts that were beyond the control of the employee. The method of collecting storing, and testing the split sample required under this policy shall be consistent with the procedures established in 49 CFR Part 40. Failure to Test Any employee who fails to submit to the required testing under this policy is considered to have tested positive and shall be subject to all of the consequences that flow related to positive testing. Any employee ordered to test shall report immediately to the test site upon being ordered to submit to testing. No delay of any type shall be granted or taken. Delay in reporting by the employee shall be treated as a refusal to test and shall subject the employee to all of the consequences that flow related to positive testing. Failure to provide a sufficient sample or for providing an adulterated sample shall be considered as a refusal to test and shall subject the employee to all of the consequences that flow 43 2/22/05 ~, related to positive testing. 1400.8 TESTING CONTROLS ALCOHOL: Federal regulations require breath testing to be done on Evidential Breath Testing devices approved by the National Highway Safety Administration. An initial screening test is conducted first. Any result that is less than 0.02 blood alcohol concentration is considered negative. If the blood alcohol concentration is 0.02 or greater a second confirmatory test must be conducted. Any employee who tests with a blood alcohol concentration of 0.02 or greater shall be removed from service for at least twenty-four (24) hours. Any employee who is found to have engaged in prohibited alcohol conduct under this policy shall be immediately removed from work-related activity; and the employee shall not be permitted to resume work until the employee is (1) evaluated by a SAP, and (2) complies with the rehabilitation contract if such is required, and (3) has tested negative in a follow-up test. CONTROLLED SUBSTANCES: Controlled substance testing is conducted by analyzing an employee's urine specimen performed at a laboratory certified and monitored by the U.S. Department of Health & Human Services for the following controlled substances: (1) Marijuana (THC metabolite) (2) Cocaine (3) Amphetamines (4) Opiates (including heroin) (5) Phencyclidine (PCP) The testing for controlled substances is a two stage process. First, a screening test is conducted. If the test is positive for one or more of the controlled substances, a confirmatory test is conducted for each identified controlled substance. The confirmatory test is a gas chromatography/mass spectrometry (GC/MS) analysis. Any employee who tests positive on the confirmatory test shall be interviewed by the City of Riverside Medical Review Officer (MRO). The employee shall be immediately removed from work-related activity; and the employee shall not be permitted to resume work until the employee is (1) evaluated by a SAP, and (2) complies with the rehabilitation contract if such is required, and (3) has tested negative in a follow-up test. 1400.9 EMPLOYMENT ASSESSMENT An employee who tests positive for the presence of controlled substances or alcohol above minimum thresholds set forth in the federal regulations shall be evaluated by a SAP. The SAP shall evaluate each employee who tests positive to determine what assistance, if any, the employee needs in resolving problems associated with the controlled substance or alcohol. Assessment by a SAP does not protect an employee from disciplinary action or guarantee continued employment or reinstatement by the City of Riverside. The City of 44 2/22/05 1. ,.. .1 „ ¶ 1. _ T 1 Riverside disciplinary policy provides guidance to the discipline that may be imposed, unless otherwise stated in this policy. 1400.10 REHABILITATION EFFORT Any employee who is determined to be in need of assistance for a controlled substance or alcohol related problem under this policy by the SAP may be permitted to enter into a rehabilitation plan approved by the City of Riverside, provided the employee agrees to adhere to the terms of the rehabilitation contract with the City of Riverside and provided further that, consistent with legal requirements, the City Administrator in his/her discretion or the Board of Aldermen in its discretion determine that allowing such person to continue to be employed by the City would be in the City's best interests. Rehabilitation assistance may only be granted to an employee once while employed by the City of Riverside. Failure to complete the rehabilitation assistance plan or to adhere to the rehabilitation contract shall be considered a resignation by the employee from employment with the City of Riverside. The rehabilitation contract shall include the following terms and conditions to be adhered to by the employee who is granted rehabilitation assistance. 1. The employee shall agree to undertake and successfully complete the rehabilitation assistance plan established for the employee by the SAP or by a rehabilitation professional accepted by the City of Riverside; and 2. The employee agrees to refrain from any violation of this policy and the use of controlled substances and alcohol consistent with the plan of rehabilitation and this policy; and 3. The employee provides a release of all medical records for use and review by the City of Riverside relating to the rehabilitation assistance plan for the assistance undertaken and compliance; and 4. The employee agrees to unannounced random testing for City of Riverside determined periods of time subsequent to the employee's return to work consistent with this policy; and 5. The employee agrees to submit to a return-to-work test demonstrating that the employee is negative under controlled substance and/or alcohol tests standards; and 6. The employee agrees that any future controlled substance or alcohol violations shall be considered as a resignation of the employee from service without recourse. 1400.11 CONTRACTUAL SUPPORT PROFESSIONALS The City of Riverside shall secure a contract with an appropriately certified testing laboratory to conduct the controlled substance testing analysis and reporting required .under this policy and under the federal regulations in conformity with the standards ~~ 45 2/22/05 established under the federal regulations. The City of Riverside may contract from the required alcohol testing or may perform the testing using qualified City of Riverside personnel who utilize appropriate testing equipment. The City of Riverside shall engage in the services of an independent contractor to serve the City of Riverside as the MRO property credentialed and trained in compliance with the federal regulations, who shall not be an employee of the City of Riverside. The MRO shall, as a part of the engagement contract, maintain all relevant records and provide the required reports that the City of Riverside needs to comply with the federal reporting requirements. The City of Riverside shall appoint a SAP for the providing of services under this policy and in compliance with the federal regulations. 1400.12 EDUCATION & TRAINING The City of Riverside shall provide all employees with a copy of this policy and materials related to the effects of the use and/or abuse of alcohol and controlled substances. The City of Riverside shall also provide information to employees regarding treatment and rehabilitation available. Employees shall be required to confirm receipt of this policy and any revisions and of the educational materials in writing noting the date of receipt and acknowledgment by signature witnessed by the supervisor providing the materials. The City of Riverside shall develop and provide training for all supervisors and managers ~ who are responsible for the administration and enforcement of this policy. The training, at a minimum, shall include at least sixty (60) minutes of program on the physical and behavioral effects on personal health, safety, and on the work environment and performance indicators on the effects of alcohol use and abuse, the side effects of abuse, and the consequences of prohibited work-related activity involving alcohol consumption. The training shall include an overview of this policy and its implementation and application to employees. The training, at a minimum shall include at least sixty (60) minutes of program on the physical and behavioral effects on personal health, safety and on the work environment and performance indicators of controlled substances use and abuse, the side effects of controlled substance abuse, and the consequences of prohibited activity involving controlled substances. Training shall also include a component related to objective observation for reasonable suspicion testing, documentation and record keeping. The training may include other components that the policy administrator, the MRO, and/or the SAP believe can enhance the program administration and awareness of problems and treatment related to alcohol and controlled substance use. The training may also provide components related to City of Riverside sponsored or supported referral programs and employee assistance efforts that are sanctioned to deal with alcohol and controlled substance use and abuse problems. 1400.13 CONFIDENTIALITY All records developed and/or acquired pursuant to this policy shall be maintained under strict confidentiality by the City of Riverside, the testing laboratory, the MRO, and the SAP, when as applicable. The records shall be maintained separately from other 46 2/22/05 ~, personnel records kept by the City of Riverside and shall be kept in a secured location with other medical records. Materials shall not be released to others without the written consent of the affected employee, except under provisions provided in the federal regulations, as needed with regard to the rehabilitation contract, in litigation or quasi- judicial and administrative proceedings related to positive test results and/or to matters initiated by an employee. Any person who breaches the confidentiality provisions of this policy shall be subject to immediate termination from employment and/or from any contractual relationship with the City of Riverside without recourse. 1400.14 DISCIPLINARY ISSUES Unless otherwise specified in this policy, the City of Riverside policies related to disciplinary action shall be followed when posing discipline for violation of this policy. The acceptance by an employee of the rehabilitation assistance plan and contract does not serve as a bar to imposing disciplinary action related to violations of this policy. Any supervisor or manager who knowingly permits an employee to violate this policy or engage in work activity while consuming alcohol or a controlled substance or fails to enforce this policy shall be subject to immediate termination from employment. This policy does not displace any other penalties that may be imposed or be incurred as ~ a result of violation of the City of Riverside's policy or state or federal laws, or as provided in the workers' compensation laws. 1400.15 COORDINATION WITH OTHER LAWS & POLICIES This policy shall be administered in compliance with other federal, state and local laws related to employee health & welfare policies, leave policies, benefit programs and other related policies of the City of Riverside. In the case of apparent conflicts between this policy, other policies, and applicable laws, the policy administrator shall make the appropriate rulings to resolve the potential conflicts, whenever possible. In the event that any part of this policy is judicially determined to be in conflict with any law or to be in violation of any law or is rendered ineffective because of some state or federal legislative enactment, that part (3) shall be void, but the remainder of the policy shall remain in effect. Parts that are void or voided shall be replaced as soon as possible so as to maintain the full effect of this policy and/or bring it into compliance with relevant laws. 1400.16 AMENDMENTS This policy is subject to amendment by the City of Riverside from time to time. Amendments that are made shall be provided to employees upon adoption and shall become effective as provided by the policy administrator. 47 2/22/05 r ....1 „ ~ ~. _ 1 I,. ARTICLE 1500. SECURITY 1500.1 Security Security problems and violations cannot be handled in a constructive manner unless management knows about them. The City's security policy, therefore, places a strong emphasis on reporting security-related incidents to that the proper action can be taken. Written reports should be submitted to the Department Head immediately after the security-related incident has occurred or been discovered. The report should cover any and all information relating to the who, what, when, where, why and how aspects of the incident. If time is a critical factor, the report should be made first verbally and later confirmed in writing within twenty-four hours of the incident. The following items should be reported: Criminal acts on City property, including gambling, possession or use of narcotics, and money lending at unreasonable rates of interest. 2. Theft or misappropriation of City assets. 3. Damage to City property or an employee's personal property while on City premises involving actual or suspected mischief, vandalism, or criminal negligence. ~~ 4. Attempts by persons to misrepresent themselves as City employees or agents. 5. Anyone loitering near buildings or offices for no apparent reason; places such as parking areas, walkways, entrances/exits, and service areas are generally where "strangers" might congregate. Report any suspicious persons to activities immediately to the Department Head and/or Police Department. 6. Questionable mail which renders threats or is objectionable in any way should be treated with caution and care. Immediately upon recognizing such correspondence, do not handle it, but isolate it and, if possible, place it in a plastic cover or folder. Notify your Department Head and the Police Department immediately. 7. Questions concerning the whereabouts or travel plans for any city employees or officials. Treat travel itinerary as a confidential matter. 8. Apparent tampering of any locked files, supply rooms, and/or cabinets. Secure them at the close of business or when called away from your work area for a prolonged period of time. 9. The loss of keys to any locked access building or supply areas. 48 2/22/05 r . , .T , ~ ~. _ ~ _, ~_ _ _ .~ 10. Unusual interest in confidential City materials/memorandums, etc. 11. Losses for any equipment or materials. Document all information, if possible, and identify lost or stolen property with as much detail as is available. Reports of loss should be made to the Police Department and City Administrator. ARTICLE 1600. MISCELLANEOUS PROVISION 1600.1 TEMPORARY POLICY DEVIATION If any interpretation, clarification, or temporary deviation from the policies and provisions contained herein has to be made, it will be done at the direction of the City Administrator. ARTICLE 1700: INSPECTIONS AND COMPUTERS 1700.1 INSPECTIONS OF LOCKERS, DESKS, FILING CABINETS, COMPUTERS AND OTHER CITY OWNED OR LEASED PROPERTY The City reserves the right at any time to inspect all property and the contents thereof, which is owned by or leased to the City of Riverside. This right of inspection includes but is not limited to vehicles, desks, lockers, offices, boxes, trash cans, files, cabinets, computers, computer programs, files and data storage media, and any receptacles or ~...~ other type of fixtures or storage area or facility. Any person authorized by City management may search such property for any business purpose without the consent of the employee or employees who regularly use such City owed or leased vehicles, desks, lockers, offices, boxes, trash cans, files, cabinets, computers, computer programs, files and data storage media, and any receptacles or other type of fixtures or storage area or facility. Such searches may be conducted whenever a supervisor needs to review or retrieve a file or other work-related documents, computer files or media, property or computer information, whenever it is necessary to inventory or secure City owned, leased or licensed property, whenever there is reasonable suspicion of work-related misconduct or as otherwise authorized by law. Employees have no expectation of privacy in or to such property. However, if and to the extent that any employee previously believed that he or she had an expectation of privacy in or to such property, no searches will be conducted as to City employees on the payroll as of the date this policy is adopted until 10 days after his Article has been adopted and a copy of this policy delivered to the employee using this property. If there is a legitimate business need for any such property to be locked or padlocked, except with written permission of the City Administrator, the employee may be required to give his/her supervisor a key or the combination to the lock or the password that would allow access to such property or computer. 49 2/22/05 1700.2 COMPUTER SOFTWARE In order to help insure that the City's computer system remains clean of viruses and uncluttered of unrelated items, the usage of outside software and/or files on the City's computer system and its computers is prohibited. This includes, but is not limited to, screen savers, games, and personal files. If you feel that an exception to this policy is warranted, the City Administrator is authorized to make exceptions to this policy. Any failure to follow the City's computer software policy could result in discipline up to and including termination. ~' 50 2/22/05 1700.2 COMPUTER SOFTWARE `"'~ In order to help insure that the City's computer system remains clean of viruses and uncluttered of unrelated items, the usage of outside software and/or files on the City's computer system and its computers is prohibited. This includes, but is not limited to, screen savers, games, and personal files. If you feel that an exception to this policy is warranted, the City Administrator is authorized to make exceptions to this policy. Any failure to follow the City's computer software policy could result in discipline up to and including termination. ~~ ~~, 50 2/22/05 r .. .T ~ T. - -r - -~e-t-__ ,,, . ~.y.... fi- ~ ,; ~ ACKNOWLEDGMENT OF RECEIPT OF REVISED PERSONNEL POLICIES INCLUDING REVISED DRUG AND ALCOHOL TESTING POLICIES AND CONSENT TO INSPECTION OF CITY OWNED AND LEASED PROPERTY AND COMPUTERS This document contains revised City of Riverside Personnel Policies and Employee Handbook. Please read it carefully because you are expected to comply with these policies. These policies contain some important revisions to the City's drug and alcohol testing policies, including a new requirement that all City employees are now subject to drug and alcohol testing for reasonable suspicion of drug or alcohol use affecting job pertormance. By signing this Acknowledgment, in consideration of the City paying full salary for up to twenty-four weeks if you are off work during that time because of an injury or illness compensable under the workers' compensation laws as specified in Article 1000.4 of this Manual, you agree to sign over to the City any checks for workers compensation temporary total disability benefits that you receive during that period. If you have any questions, please ask your Supervisor or Department Head to explain to you any provision you may not understand. These new and amended policies supersede the. previous policies that they replace. Please keep this document for future reference. This document is intended only as a general information guide to inform employees of the current policies and procedures of the City. Due to the need to accommodate changes, the City reserves the right to amend, modify, or cancel any of the rules and policies set forth in this revised Employee Handbook at any time. ''` None of the provisions or policies contained in this revised Employee Handbook should "- be considered or construed as establishing a contract or guarantee of employment for any specified period of time. Notwithstanding any other written or verbal representations to the contrary, all employees of the City are employed on an "at-will" basis, and both the employee and the City retain the right to terminate this "at-will" relationship at any time, with or without cause, for any reason not prohibited by law. Your signature certifies that you have received this document and that you understand and will abide by its provisions and also that you have read and consent to the provisions of Article 1700, 1700.1, and 1700.2 concerning inspections of City owned and Leased Property and Computers and consent to these revised personnel policies. These Revised Personnel Policies were issued to: Employee Printed Name Employee Signature- -. Date: Department