TABLE OF CONTENTS

 

ARTICLE                              TITLE                                                                            PAGE NO.

4-4-2                 Adoption, Purpose and Scope                                                                  58

4-4-4                 Equal Employment Opportunity Policy                                                    60

4-4-6                 Recruitment and Selection Policy                                                               61

4-4-8                 Separation and Re-employment Policy                                                       65

4-4-10                Conflict of Interest, Political Activities and Code of Ethics                 67

4-4-12                Outside Employment Policy                                                                        68

4-4-14                Uniforms/Appearance and Issued Equipment                                          69

4-4-16                Attendance and Leave Policy                                                                     69

4-4-18                Sexual Harassment or Conduct                                                                   79

4-4-20                Disciplinary Action Policy and Procedure                                                81

4-4-22                Grievance and Appeals Policy and Procedure                                         85

4-4-24                Position Classification System                                                                    88

4-4-26                Alcohol and Controlled Substance Policy                                               91

4-4-28                Compensation Policy                                                                                    97

4-4-30                Safety and Workers' Compensation Policy                                                102

4-4-34                Travel and Training Policy                                                                           10

44-4-36                Smoking Policy                                                                                           109

 

4-8                  Civil Service Rules and Regulations                                                             110

4-12                 Insurance and Retirement, General                                                               112

4-12-4               4022 Retirement Plan                                                                                     114

4-12-6               Consolidated Retirement Plan                                                                      139

Chapter 4-4

PERSONNEL RULES AND REGULATIONS

Sections:

Article 4-4-2 Adoption, Purpose and Scope

4-4-2-010             Adoption.

4-4-2-020          Purpose.

4-4-2-030          Applicabilty.

4-4-2-040          Administration of the personnel system.

Article 4-4-4 Equal Employment  Opportunity

4-4-4-010          Policy.

4-4-4-020          Administration.

4-4-4-030          Discrimination complaints.

Article 4-4-6 Recruitment and Selection

4-4-6-010          Recruitment.

4-4-6-020             Application process.

4-4-6-030          Selection process.

4-4-6-040          Limitation on employment of relatives.

44-6-50            Certification of employability.

44-6-60            Orientation of new employees.

44-6-70            Initial working test period.

4-4-6-080         Working test period;promotions/demotions/transfers.

Article 4-4-8 Separation and Re-employment

4-4-8-010          Resignation.

44-8-20            Reduction in force, layoffs.

44-8-30            Loss of job requirements.

44-8-40            Abandonment of job.

4-4-8-050          Dismissal.

44-8-60            Retirement.

4-4-8-070          Death.

44-8-80            Activities required upon separation.

4-4-8-090          Re-employment.

Article 4-4-10 Conflict of Interest, Political Activities and Code of Ethics

4-4-10-010         Acceptance of gifts, gratuities, special privileges.

44-10-20           Proprietorship of creations.

44-10-30           Confidential information.

4-4-10-040         Conflict of interest.

44-10-050         Political activity.

 

4-4-10-060           Use of microcomputer software.

Article 4-4-12    Outside Employment

4-4-12-010         Limitations and approval requirement.

Article 4-4-14   Uniforms, Appearance and isssued Equipment Policy

4-14-10           General appearance.

4-4-14-020      Uniforms.

Article 4-4-16 Attendance and Leave Policy

4-4-16-010         Hours of work.

4-4-16-020        Absenteeism and tardiness

.4-4-16-030         Holidays observed.

4-4-16-40          Vacation leave.

4-4-16-050         Sick leave.

 

4-4-16-060        Military leave.

4-4-16-070         Court leave.

 

4-4-16-080         Funeral leave.

 

4-4-16-090         Family and medical leave of absence without pay.

 

4-4-16-100         Leave of absence for religious holidays, education or special work.

 

4-4-16-110         Disability.

Article 4-4-18 Sexual Harassment or Conduct

 

44-10-050         Political activity.

 

4-4-10-060           Use of microcomputer software.

Article 4-4-12    Outside Employment

4-4-12-010         Limitations and approval requirement.

Article 4-4-14   Uniforms, Appearance and isssued Equipment Policy

4-14-10           General appearance.

4-4-14-020      Uniforms.

Article 4-4-16 Attendance and Leave Policy

4-4-16-010         Hours of work.

4-4-16-020        Absenteeism and tardiness

.4-4-16-030         Holidays observed.

4-4-16-41          Vacation leave.

4-4-16-050         Sick leave.

 

4-4-16-060        Military leave.

4-4-16-070         Court leave.

 

4-4-16-080         Funeral leave.

 

4-4-16-090         Family and medical leave of absence without pay.

 

4-4-16-100         Leave of absence for religious holidays, education or special work.

 

4-4-16-110         Disability.

Article 4-4-18 Sexual Harassment or Conduct

4-4-18-010         Policy.

4-4-18-20          Rights and responsibilities.

4-4-18-030         Definitions.

4-4-18-40          Resolution procedure.

4-4-18-050         Remedial action.

Article 4-4-20 Disciplinary Action Policy and Procedure

4-4-20-10          Goal and purpose

.4-4-20-020         Definitions.

4-4-20-030         Procedure.

 

4-4-20-40          Reasons for disciplinary action.

4-4-20-050         Safety and departmental personnel rules.

 

4-4-20-060         Appeal rights.

Article 44-22 Grievance and Appeals Policy and Procedure

4-4-22-010         Policy.

 

4-4-22-020         Definitions, coverage and applicability.

 

4-4-22-30      Formal grievance procedure.

 

4-4-22-40 Code of Marietta

 

44-22-40    Salary of suspended, demoted, or dismissed         employees.

 

Article 44-24 Position Classification System

44-24-010            Objective.

44-24-020            Definitions.

44-24-030            Administration.

44-24-040            Interpretation of benchmark descriptions.

44-24-50    Appeals.

 

Article 44-26 Alcohol and Controlled Substance Policy and Procedural Guide

44-26-010            Policy.

44-26-020            Prohibited acts.

44-26-030            Alcohol or controlled substance testing.

44-26-40    Procedural guide for violations.

44-26-050            Confidentiality.

44-26-060            Awareness program.

44-26-70    Referral for rehabilitation.

44-26-80    Screening test program.

44-26-90    Disciplinary actions.

 

Article 44-28 Compensation Policy and Procedure

44-28-010            Policy.

44-28-20    Development and amendments to

the pay plan.

44-28-30    Pay administration.

44-28-40    Promotions.

44-28-50    Demotions.

44-28-060            Transfers.

44-28-070            Reclassifications.

44-28-80    Temporary employment.

44-28-090            Overtime.

44-28-100            call out pay.

44-28-110            Performance increase.

44-28-120    Working out of classification.

44-28-130    Required court appearance.

44-28-140    Police shift differential pay.

44-28-150    Standby pay.

44-28-160    Definitions.

 

Article 44-30 Safety and Workers' Compensation Policy

44-30-010            Safety policy.

44-30-20    On-tbe-job injuries.

 

Article 44-34 Travel and Training Policy

44-34-10    Policy.

44-34-020            Scope.

44-34-030            Responsibilities.

 

Code of Marietta

 

 

44-34-040          Definitions.

44-34-050          General guidelines for authorization of travel/training.

44-34-60          Authorization for travel/training.

44-34-070          Expense reimbursement.

      Article 4-4-36 Smoking Policy

44-36-10          Purpose.

44-36-20          Scope.

44-36-030          Policy.

            Article 4-4-2 Adoption, Purpose and Scope

 

4-4-2-010 Adoption.

The personnel rules and regulations, marked Exhibit A, attached to Ordinance No. 4828 and incorporated therein by reference, are adopted for the city. Such personnel rules and regulations are set out in the remainder of this chapter. (Code 1978, § 4-1001; Ord. No. 5575, 6/12/96)

4-4-2-20 Purpose.

 

A.     The purpose of these policies is to establish a system of personnel administration that will recruit, select , develop and maintain an effective work force for the City of Marietta/Marietta Board of Lights and Water.

B.     Any and all references to the term "city" shall include the entities known as the Marietta Board of Lights and Water and/or Marietta Power and/or Marietta Water.

C.     Any and all usage of the pronouns, "he, his, or him" shall refer to both sexes throughout the personnel rules and regulations.

D.     These policies and procedures apply to employees classified as civil service employees except where the subject matter hereof is in conflict with Chapter 4-8 of Part 4 of the Code of Marietta, Georgia, in which event, the provisions of said Chapter 4-8 shall prevail.

E.     The system outlined herein shall be consistent with the following principles:

1.     Recruiting, selecting and advancing employees on the basis of their relative ability, knowledge and skills, including competition of qualified applicants for initial appointment ;

2. Establishing and maintaining adequate and equitable compensation;

3.     Training employees, as needed, to assure high quality performance ;

4.     Retaining employees on the basis of the adequacy of their performance,

correcting inadequate performance and separating employees whose inadequate performance cannot be corrected ;

 

Personnel

 

5.      Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, national origin, age, sex, religion , or disability-,

6.      Establishing a procedure for the presentation and adjustment of employee grievances based on alleged inequitable treatment or based on alleged discrimination because of political affiliation, race, color, national origin, age, sex ,religion or disability-,

7.      Assuring the city's protection against partisan political coercion and prohibiting its use of official authority for interfering with or affecting the results of an election or the nomination for an office. (Code 1978, § 4-1002;Ord. No. 5139, 3/IM3, § 1; Ord . No. 5575, 6/12/96)

 

4-4-2-030 Applicability.

 

A.      Except where specifically noted, the personnel rules and regulations shall apply to all employees with the following exceptions:

1.     The mayor and members of the city council;

2.      Members of appointed boards and committees;

3.      Persons employed to make or conduct a temporary or special project, investigation or inquiry on behalf of the city or committee thereof, including all contracted labor and volunteers;

B.      The following persons are required to abide by the personnel rules and regulations and may be eligible for benefit programs only as provided by separate contractor as specifically referenced herein:

1.      Personnel appointed by the mayor or city council, city manager, city clerk, secretary to the mayor, municipal judge, solicitor and other appointed positions not named herein,

2.      Permanent and temporary part-time, temporary full, time , or provisional positions unless specifically referenced in any provision herein. (Code 1978, § 4-1003; Ord.No. 5262, 2/9/94-, Ord. No. 5575, 6/12/96)

 

4-4-2-40 Administration of the personnel system.

 

A. City Manager. The city manager shall review recommendations of the personnel director regarding personnel policies and procedures, wage and salary ad-ministration, classification system and any other matters pertaining to administrative policies.

B.     Personnel Director. The city manager shall select a qualified individual to serve as personnel director. This employee shall have full responsibility for all administrative and technical activities of the personnel system under the direction of the city manager.

 

 

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Personnel

4-4-2-040

 

C. Department Heads. Department heads will be responsible for the proper and effective administration and enforcement of these rules and regulations within their respective departments.

D. Amendment of Rules. The city manager or council members may propose additional rules and regulations , deletions or amendments to the personnel rules and regulations manual. Such revisions or amendments will only be effective upon approval by council in ordinance form and upon a date designated by the council.

I . All approved revisions or amendments shall be implemented by the city manager with copies posted on all approved employee bulletin boards and distributed to all departments for information and compliance. All employees should be given a copy of all approved revisions or amendments in order to update their issued manuals.

2.   Employees' continued employment constitutes acceptance of all approved revisions or amendments.

E.  Departmental Personnel Policies.

 

1. Departmental personnel policies and procedures shall serve as a supplement to these rules and regulations and are enforceable as such. In the event of a conflict in any section, the more restrictive rule shall prevail.

2.   Departmental personnel policies and procedures shall be in writing. The personnel director and the city manager shall review proposed policies and procedures. No such policies and procedures will be effective without the approval of city council. Approval by the city council shall carry the irrebuttable presumption that all required procedures have been followed, and no policy or procedure shall be defective because either the personnel director or the city manager has not reviewed them.

F.  Management and Employee Rights and Responsibilities.

 

I . Nothing contained in these rules and regulations shall be construed to affect or diminish the city's or the civil service board's prerogatives in accordance with applicable laws, city charter and ordinances.

2.   The use herein of mandatory language such as "shall" or "will" is not intended and is not to be construed as creating enforceable interests in continued employment or benefits of employment or otherwise as limiting or restricting the authority of the city/BLW.

3.   Additionally, the powers of city management include, but are not limited to, all the following:

a.   To determine the organization of the city/BLW government ,

b.   To determine the purpose of each of its units and departments;

c.   To exercise control and judgment over city/BLW operations,

 

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d.    To set standards for services to be offered to the

Public:

e.     To hire, examine, classify, promote, transfer, assign, schedule and retain employees in positions with the city/BLW;

f.     To discipline employees as necessary;

g.     To alter the composition and size of the workforce, including the option to relieve employees from duty because of lack of work, funds, or for other reasons within the discretion of the city/BLW;

h.     To determine how operations are to be conducted, including the right to contract and subcontract existing and future work activities;

i.     To determine the number of employees to be employed by the city/BLW within budget constraints;

j.     To establish or modify the wage and salary administration          and classification and compensation policies including number, types and grades of positions or employees assigned to an organization, unit, department or project;

k.     To establish or modify job responsibilities.                                                  

4. Employees are also entitled to certain rights and privileges which will be safeguarded through administration of these rules and regulations. Employees have a right:

a.     To equitable treatment in the assignment and compensation of work;

b.     To compete for advancement;

c.     To work under safe conditions and the privilege to recommend means of creating safer working conditions;

d.     After following the appropriate chain of command, employees have the right to communicate with the city manager and department heads regarding job related problems, suggestions, ideas, inquiries, etc. Employees must initially discuss such issues with the appropriate supervisory staff except as specifically described herein.

e.     To seek redress for a grievance;

f.     To work freely and unimpeded by political, social or personal influences,

g.     To reasonable standards of work and reasonable resources to accomplish the work;

h.     To fringe benefits which the city may, in its discretion, provide;

i.     To receive constructive criticism without ridicule and embarrassment;

j.     To nondiscrimination,

k.     To all applicable employment rights granted or implied by the Constitution of the United States, Georgia State Statutes, charter and ordinances of the city/BLW and applicable federal and state regulations. (Code 1978, §4-1004-, Ord. No. 5575, 6/12/96)

 

 

 

Article 4-4-4 Equal Employment Opportunity

4.4-4-010 Policy.

A. It is the policy of the city/BLW to foster, maintain and promote equal employment opportunities. All applicants and employees of the city/BLW shall be assured of fair and equitable treatment in all aspects of personnel administration without regard to race, color, religion, national origin, and political affiliation. Discrimination on the basis of age, sex, physical or mental disabilities is prohibited except where specific age, sex, physical or mental requirements constitute a bona fide occupational qualification necessary for proper and efficient operations or where an attempt to accommodate such limitation would impose an undue hardship on the operation of a program or activity.

B.     It is the policy of the city/BLW to comply fully and completely with the provisions of the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Americans With Disabilities Act, and other federal and state laws and regulations to the extent that these acts and regulations issued pursuant thereto apply to the city/BLW government. Nothing in this chapter or elsewhere in these rules and regulations shall be interpreted to impose any greater restriction or obligation on the city/BLW than is imposed by the above referenced laws and regulations.(Code 1978, § 4- 101 1, Ord. No. 5134, 3/10/93, § 2; Ord.No. 5575, 6/12/96)

4-4-4-020 Administration.

A.     The personnel director and the city manager shall regularly review the implementation of this policy and relevant practices to assure that equal employment opportunity is being actively observed through reasonable performance related job requirements and standards.

B.     The personnel director shall serve as the equal employment opportunity officer for the city/BLW. (Code1978, See. 4-1012; Ord. No. 5575, 6/12/96)

4-4-4-030 Discrimination complaints.

A.     A discrimination complaint is defined as an allegation by an applicant for employment, an employee, or a former employee that the city/BLW has engaged in an improper practice by discrimination against the applicant, employee or former employee because of race, color, religion, national origin, political affiliation, age, sex, or physical or mental disabilities.

B.     A complaint of discrimination in violation of these regulations shall receive prompt treatment.

 

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C.     Applicants and Former Employees. A discrimination complaint by an applicant for employment or a former employee shall be made in writing to the personnel director within ten calendar days after the applicant for employment or former employee knew or, in the exercise of due dili-gence, should have known of the conduct or acts upon which the complaint is based. Upon receiving such a complaint, the personnel director shall make an investigation in order to determine whether discrimination has occurred. The personnel director may terminate his investigation and dismiss the complaint if the complainant fails or refuses to cooperate in the investigation. If the personnel director finds that a preponderance of the evidence indicates that discrimination has occurred, he shall recommend to the city manager an appropriate remedy therefore. When possible, discrimination complaints made by applicants for employment or former employees shall be investigated and resolved within thirty (30) calendar days of the date that the com-plaint is received.

D.     Employees. A discrimination complaint by an employee shall be considered a grievance and shall be received and treated in accordance with the grievance procedure described elsewhere in these regulations, including the time limits established by said grievance procedure.

E.    In all cases, if there is a finding that discrimination has occurred, the city manager shall take such disciplinary action against the person or persons responsible for the discrimination as may be appropriate under the circumstances. (Code 1978, § 4-1013; Ord. No. 5575, 6/12/96)

Article 4-4-6 Recruitment and Selection4-4-6-010 Recruitment.

A.     Personnel Requisi6on.1.    When a department head or designee wishes to fill any vacancy of a budgeted position or would like to create a hiring eligibility list he will submit a request to the personnel department to fill the position. The personnel director and the department head or designee will develop a plan to either open the position competitively to the public and employees or to open the position promotionally to employees only. The request to fill the position must include class title, assigned pay grade, and current minimum job requirements.

2.     The personnel director shall review the information submitted by the department head or designee to ensure that information necessary for recruitment, selection, appointment or promotion is provided, and to ensure that suggested employment standards are consistent with equal employment opportunity laws and regulations. All requests must be approved by the personnel director.

 

 

 

 

 

B. Posting and Advertisement.1.    All vacancies should be announced on the city/BLW employee bulletin boards. If the position is also to be open to the public, the announcement will also be advertised publicly and sent to a listing of appropriate organizations and individuals and such other organizations on file in the personnel department that might attract potential candidates. Employees are encouraged to refer qualified applicants to the personnel department.

2.     The personnel director, with input from the requesting department head, may advertise to other organizations, universities and schools, and the news media and make reasonable efforts to publicize open vacancies so that potential candidates are informed and qualified persons are attracted to compete for the position.

3.     Announcements shall specify title, minimum starting pay, minimum requirements including alcohol and controlled substance testing, manner of making application, final date on which applications will be accepted and assurance of equal employment opportunity. (Code 1978, Sec. 4-1021;Ord. No. 5485, 9/13/95, Ord. No. 5575, 6/12/96)

 

4-4-6-20   Application process.

 

A.     Applications will only be accepted for advertised or posted positions, Unsolicited applications or resumes will be returned to the sender.

B.     Applications for positions with the city/BLW shall be made through the personnel department on application forms which require information covering training, experience, skills, and such other job related information as maybe necessary to determine the abilities of the applicant to meet the requirements of the position or by resume for certain designated positions.

C.     All applications and letters of interest must be signed by the applicant. If, at any time, the applicant's information is, in the sole discretion of the city/BLW determined to be materially false, the applicant or employee is subject to either elimination from further consideration or disciplinary action up to and including discharge. The personnel director or the department head may disqualify an applicant who practices or attempts to practice fraud or deception in the application or selection process,

C.     The personnel director or applicable department head may require & applicant to submit proof of education, military service, necessary certifications or licenses or any other job related documentation deemed necessary.

D.     Applicants are considered for advertised positions for which they specifically apply, Should the same or similar position become open within thirty (30) days of the closing date of the first announcement, or longer at the discretion of the personnel director, the same applicant

 

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pool or group will be used without further announcement or advertisement.

F.     Applications may be updated to be considered for a new vacancy at the request of the applicant if ft applicant can provide the title of the position that he previously applied for and the request for update is within three months of the previous application.

G. Individuals with passing scores on police and fire entrance examinations will be listed in ranking order by score on an eligibility list. These candidates are eligible for further selection processing for a minimum time period of six months to a maximum time period of two years. The duration of each list, within these parameters, will be at the discretion of the respective chief of each depart-ment after approval by the personnel director. (Code 1978,§ 4-1022; Ord. No. 5139, 3/10/93, § 3., Ord. No. 5485,9/13/95; Ord. No. 5575, 6/12/96)

 

4-4-6-030 Selection process.

 

A.     Screening Process, Personnel Department. The personnel department staff will evaluate and screen each application for an advertised position for the purpose of determining whether the applicant meets the established employment standards. Applicants may be requested to furnish information or evidence as is necessary to make such a determination including, but not limited to written, oral, physical or performance tests or any combination of these as determined by the hiring department and the personnel department. Applicants best meeting employment standards will be referred to the employing department head or his designee for further review and personal inter-view.

B.     Screening Process, Department Level. The department head or designee will review referred applications for skill needs and interview at least three of the referred candidates for each vacant position. The department head or his designee may request interviews with additional candidates. However, the department head or his designee may either select an employee from among applicants referred or choose not to select from the provided applicant pool and request that the position be re advertised. The department head shall inform the personnel director of his recommendation for hire as soon as possible after he makes a decision.

C. Basis of Employment. Employment with the city/BLW shall be based on the ability to perform the essential job functions described for each position, with or without a reasonable accommodation, merit, and moral fitness as evidenced by:

 

 

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Code of Marietta

 

1.     Training, experience, education and skill level as reflected by the       application from other documentation

2.     Written examination or performance tests when applicable;

3.     Drug screening examination for safety sensitive jobs ;

4. References and background investigations-, and

5.     Minimum physical agility standards for non-civilian

members of the police and fire departments; and

6.     Post-offer medical examinations.

 

D. Examinations and Interviews. All applicants are subject to the requirements of the standard examinations and/or performance testing procedures which are currently in practice for the position for which they have applied. Written examinations used by the city/BLW will be validated for job relevancy. Interview questions used as a basis for making hiring decisions will be uniformly applied to each applicant for a position and will be job related to determine the merit and fitness of the applicant for the particular position for which they have applied.

E.     References and Background Investigations. The personnel department the department head or their designee may perform, depending on the nature of the job: reference checks, criminal history checks, credit history checks or other background investigations including polygraph testing and driving history checks as part of the pre-employment procedure.

F,     Post-employment Offer Physical Examinations   and Drug Screening. For certain designated positions, individuals who have received a conditional offer of initial employment or offer of promotion, transfer or demotion to such designated positions shall receive a physical and/or psychological examination that is job related and is consistent with business necessity and/or drug screening test prior to their first day of employment or service in the new position.

G. Selection Decision. The authority for making the final decision as to which applicant will be hired rests with the department head. No offer of employment shall be made until the results of all pre-employment tests, reference checks and background information are completed and analyzed. All appointments and conditions of employment will be reviewed and approved by the department head and the personnel director.

H. Establishment of Trainee Position. If, in the judgement of the department head and the personnel director, there appear to be no qualified candidates as a result of a recruitment effort, a position may be temporarily reclassified as a trainee position. The trainee position will be readvertised with lower qualification requirements and starting wage. If the trainee position becomes vacant or the occupant of the position fully meets the requirements

 

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of the original position, the trainee position reverts to the original, budgeted classification.

1. Reasonable Accommodation Policy.

I .    It is the policy of the city/BLW to provide reasonable accommodation to the known physical and/& mental limitations of qualified applicants or employees with disabilities, when to do so does not result in undue hardship.

The policy is implemented to:

a. Ensure equal opportunity in the application process,

b. Enable a qualified individual with a disability to perform the essential functions of a job; and

c. Enable a qualified employee with a disability to enjoy equal benefits and privileges of employment.

2.     It is the obligation of an individual with a disability to request a reasonable accommodation unless the qualified employee has an obvious or otherwise known disability and it appears that he cannot perform an essential function of the job.

3.     A qualified individual with a disability has The right to refuse a reasonable accommodation. However, after refusing a reasonable accommodation, if the individual cannot perform the essential functions of the job, he can be considered unqualified for the job.

4.     The following process will be followed to identify the kind of accommodation best suited for the activity:

a.     The activity or job will be examined to determine its purpose and essential functions.

b.     The ADA coordinator in the personnel department will consult with the individual with the disability to determine their specific physical and/or mental abilities and limitations as they relate to the essential job functions.

c.     The ADA coordinator in consultation with the individual and/or sources providing technical assistance for reasonable accommodations, will identify potential reasonable accommodations and assess how effective each would be in enabling the individual to perform essential job functions.

J. The chiefs of the fire and police departments shall establish bona fide occupational qualifications for non-civilian members of their departments in order to assure the initial and continued fitness and ability of such members to perform their duties. These qualifications shall include, but are not limited to, mental and physical qualifications. In addition, all individuals hired as police officers and firefighters after the date of approval of this ordinance are required, with or without a reasonable accommodation, to meet minimum physical agility standards, established by the city and as may be amended, in order to be initially employed and shall continue to meet these minimum physical agility standards throughout their career with the city. Failure to meet minimum physical agility standards will constitute a failure to meet minimum fitness for duty

 

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                              Personnel       4-4-6-030

 

requirements and as such will be cause for separation from employment in accordance with Section 4-4-8-040.

K. When vacancies occur in non-civilian positions in the police and fire departments above entry level and below a deputy chief appointment, the chiefs of the fire and police departments shall have authority to select individuals to fill such vacancies in the following manner:

I .    The chief will post or cause to be posted a notice on all employee bulletin boards within their respective departments soliciting applications for the promotional process from eligible candidates.

. 2.      The selection process may include, but is not limited to:

a. A written examination;

b.     An assessment center;

C.     A review of the candidates' departmental employment history;

d.     An evaluation of the candidates' promotional potential by all ranking officers and/or supervisors in the candidates' chain of command below the rank of chief;

e.     A background investigation including, but not limited to, criminal history, credit history and driving history;

f.     An alcohol and illegal drug screen;

g.     For those employees hired after October 12, 1994,either successful completion of a physical agility test or successful completion of a physical agility test within the previous twelve (12) months provided the employee is not participating in any physical agility remediation program at the time of application to participate in the promotional process; and

h.     Oral interviews may, at the discretion of the chief, be conducted with the chief or his designee. Failure to successfully complete or pass any portion of the selection process as outlined herein will eliminate such employee from further consideration for the duration of the eligibility list. The specific selection instruments will be periodically reviewed and validated for job relevancy. All selection procedures will be uniformly applied to all eligible candidates to determine the merit and fitness of the candidate for the particular position for which they have applied.

3.     The authority for making the final decision as to which candidate will be promoted rests with the chiefs of each department. No offer of promotion shall be made until the results of all of the selection procedures have been completed and analyzed.

4.     Individuals who have successfully completed the selection process as described in subsection (K)(2) of this section will be fisted in ranking order by total score on an eligibility list These candidates axe eligible for promotion for a minimum time period of one year to a maximum time period of three years. The duration of each list, within these

 

 

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Code of Marietta

 

4-4-6-030

 

parameters, will be at the discretion of the respective chief of each department. (Code 1978, Sec. 4-1023; Ord. No.5139, 3/10/93, §§ 4-7; Ord. 5360, 10/12/94; Ord. No. 5485,9/13/95, Ord. No. 5575, 6/12/96)

 

4-4-6-040 Limitation on employment of relatives.

A. No relative of the mayor, any council member, the city manager, the BLW board manager, any BLW board member, any civil service board member, or any staff member of the personnel department shall be employed in any position with the city. In addition, relatives of city employees shall not be employed if such employment will result in one relative supervising another relative, or where one relative occupies a position which has an influence over the other relative's employment, promotion, salary administration, or other related management or personnel considerations.

B. 'For the purpose of this policy, the term "relative" shall mean wife, husband, mother, father, brother, sister, son, daughter, grandmother, grandfather, grandson, grand-daughter, aunt, uncle, nephew, niece, or cousins of the first generation. Also included are the step, half and in-law relationships as appropriate based on the above listing. Also included are others living within the same household or other wise so closely identified with each other as to suggest a family unit.

C. In the event of a marriage between two employees of the same department in which there is a supervisory influence or relationship, one employee is required to make arrangements for a transfer or submit his or her resignation within thirty (30) calendar days of such event. If no prior arrangements are made with the personnel department, the employee hired last will forfeit their position.

D. Any person who is a relative of the mayor, city council member, ELW board manager, BLW board member, civil service board member, or the city manager, or a staff member of the personnel department who is employed by the city at the time such mayor, council member, BLW board manager, BLW board member, civil service board member, city manager or personnel department staff member is elected or appointed to office or hired may continue in his employment with the city/BLW.

E. The foregoing section shall not apply to employees of the city/BLW hired or who became related prior to February 13, 1985 (the effective date of adoption of the original relative limitation policy), but shall apply to all employees hired or who became related thereafter.

 

(Code 1978, § 4-1024-, Ord. No. 5575, 6/12/96)

 

 

 

4-4-6-050 Certification of employability.

All employees hired after November 6,1986 are required to complete an "employment eligibility verification" form within twenty-four (24) hours of their hire date and to provide documents proving both authorization to work and identity.

A. Documents providing proof of both identity and employment authorization. The following are acceptable documents to establish both identity and employment authorization:

I . U.S. Passport.

3.     Valid certificate of U.S. Citizenship.

4.     U.S. Citizen Identification Card, issued by the Immigration     and Naturalization Service.

4.   A Certificate of Naturalization.

5.   An unexpired foreign passport that contains the words "processed for 1-1551 . . ." or has attached to it a Form 1-94 authorizing current employment.

6.   An Alien Registration Card, provided it contains a photograph.

7.   An unexpired Work Permit, issued by the INS.B. Documents providing proof of employment authorization. The following documents are acceptable to establish employment authorization, but not identity:

I . A Social Security card (provided it does not say the bearer is not entitled to work in the U.S.).

2.   A certificate of birth from any state.3.   A Report of U.S. Citizen Birth Abroad.

5.     Form 1-94 with employment authorization stamp.

C.   Documents providing proof of identity. The following may be used to prove identity, but not authorization to work:

1.   An original driver's license issued by any state that either bears a photograph of the individual or contains personal identifying information which, at a minimum, includes full name, date of birth, height, weight, color of eyes and residence address.

2.  An original identity document issued by any state that either bears a photograph of the individual or contains personal identifying information which, at a minimum, includes full name, date of birth, height, weight, color of eyes, and residence address. (Code 1978, § 4-1025; Ord.No. 5575, 6/12/96)

3. 

4-4-6-060 Orientation of new employees.

 

The personnel department will complete the processing of required documents and provide a general orientation to city employment and benefit programs to all new employees including the provision of a current copy of thes6personnel rules and regulations. The hiring department is

 

 

 

 

responsible for providing specific job and safety training and orientation within the first month of employment. (Code1978, § 4-1026; Ord. No. 5575, 6/12/96)

 

4-4-6-070 Initial working test period.

A.    The working test period shall be regarded as an integral part of the selection process and shall be utilized for securing the most effective adjustment of a new employee to his position and for rejecting any employee whose performance is not satisfactory.

B.    The length of the working test period is dependent upon the nature of the work required and will normally vary from a minimum of six months to one year. The length of working test period will be delineated for each position on the benchmark description and pay plan.

C.    The personnel director may, upon request of the department head, extend the duration of the working test. An extension to the initial working test period shall be no greater than an additional six months for all classifications.

D.    At any time during the working test period, the department head may remove an employee if, in his opinion, such action is warranted in view of the employee's performance or is otherwise in the best interest of the department and/or the city. This opinion will be arrived at through consideration of factors other than the employee's political affiliation, race, color, national origin, sex, religion, age or disability. The employee serving a working test period does not have the right to administrative appeal, grievance procedures or hearing rights.

E.    Moving or other incidental expenses paid to or on behalf of a new occupant of an executive classified position shall be reimbursed to the city/BLW upon voluntary or involuntary resignation or dismissal from employment with the city/BLW during the initial working test period.(Code 1978, § 4-1027-, Ord. No. 5139, 3/10/93, § 8; Ord.No. 5377, 11/9/94; Ord. No. 5575, 6/12/96)

 

4-4-6-080 Working test period; promotions/demotions/transfers.

A.    Changes in classification as a result of a promotion, demotion or lateral transfer will also require a working test period the duration of which shall vary depending up on the occupation. Transferred, promoted or demoted employees who have satisfactorily completed an initial working test period and who have attained regular appointment status shall have grievance, appeal and hearing rights.

B .   The working test period shall be used in connection with promotional, transfer, and demotion appointments in the same manner as it is used for initial appointments.

 

 

Personnel                                      4-4-8-020

 

If an employee is removed during the working test period following a promotion, transfer, or voluntary demotion such person shall be allowed to re-employment in his former class or a similar or lower class if such position is available. A non-voluntarily demoted employee who is unwilling or unable to meet the requirements of the position will be separated from employment. (Code 1978, Sec. 4-1028,Ord. No. 5575, 6/12/96)

 

Article 4-4-8 Separation and Re-employment

4-4-8-010 Resignation.

 

Any employee wishing to leave the city's service in good standing will notify his department head in writing stating the date the employee intends to leave and the reason for leaving. The resignation shall be submitted at least fourteen (14) calendar days in advance of the date of resignation. Failure to comply with this procedure maybe cause for denying such employee future employment with the city. Vacation leave is not to be considered a part of the notice of resignation unless specifically approved by the appropriate department head. (Code 1978, § 4-104 1;Ord. No. 5575, 6/12/96)

 

4-4-8-020 Reduction in force, layoffs.

 

A.    Any involuntary separation not related to an employee's conduct or performance shall constitute a layoff or reduction in force. In the event that a reduction in force becomes necessary, the city manager will make known to council the causes necessitating the reduction in force and the positions and order identified. A public hearing will be held to give public notice of the causes necessitating the reduction in force and possible alternatives to such action.

B. A department head may recommend to the city manager an abolishment of one or more positions that requires the layoff of an employee or employees when deemed necessary for reasons of, but not limited to: shortage of work, material changes in the functions or activities of a department or division or for related reasons which are outside the department head's control. The duties of an abolished position may be reassigned to other employees already working who hold the same or similar positions. The separation from employment of a laid off employee reflects no dissatisfaction with the service of the employee.

E.    Employees on layoff or reduction in force notice are encouraged to apply for vacant positions in other areas unaffected by such actions. If qualified for the vacant

 

 

 

 

position, employees on layoff or RIF notice will be given priority in hiring for the position.

1.     Order of Layoff or Reduction in Force.

a.     Should it become necessary to reduce the number of employees within a given class, the following order shall pertain :

(1)    Temporary or seasonal employees;

(2)    Working test part-time employees-,

(3)    Working test full-time employees;

(4)    Regular employees.

b.     Layoff or reduction in force decisions will be based on consideration of the value of employees to the city in terms of operating requirements, the qualifications and performance of individuals to be determined by the last three years of performance appraisals and length of service with the city.

c.     All regular employees who are to be laid off or are to be a part of a reduction in force shall be notified in writing at least fourteen (14) calendar days prior to the effective date of the layoff or RIF.

d.     Whenever a layoff or REF becomes necessary, the effected department head shall notify the personnel department of the names and job tides of the employees and the order of reduction to be considered. The personnel director will consider submissions by departments for a reduction in force based on the established criteria defined above and recommend the employees and order to the city manager.

2.     Recall.

a.     Regular laid off employees or those regular employees who were a part of a reduction in force shall be afforded one opportunity of recall for employment. Such former employees may be recalled to the classification and department from which they were laid off, in the reverse order in which they were laid off. Such former employees shall have precedence for recall to their classification over new applicants for a period of one year. Such recalled employees shall have their tenure of service restored with appropriate adjustments made for time on layoff or RIF. If re-employment occurs after one year, the employee shall be treated as a new employee.

b.     Such former employees shall be notified of their recall opportunity by certified mail. If such individuals do not respond to or accept the recall opportunity within seven calendar days of receipt of the recall notification ,the recall opportunity will be withdrawn and any and all obligation for rehire will be expunged.

c.     Employees who were serving a working test or who were part-time, temporary or seasonal when the lay off or reduction in force occurred, do not have recall rights.(Code 1978, § 4-1042; Ord. No. 5575, 6/12/96)

 

4-4-8-030 Loss of job requirements.

 

Any employee who is unable to do his job because of a loss of or failure to fulfill a condition of employment including any loss of any required licenses or loss of the individual's ability to perform the essential functions with or without a reasonable accommodation or failure to meet minimum fitness for duty requirements of their position including a positive, confirmed testing for controlled substances shall be separated from employment. See also

 

Article 4-4-26, Alcohol and Controlled Substances Policy.(Code 1978, § 4-1044; Ord. No. 5139, 3/10/93, § 10; Ord. No. 5575, 6/12/96)

 

 

4-4-8-040 Abandonment of job.

 

An employee not on authorized leave of absence who, without valid reason, fails to report for work for three consecutive work periods or for fire personnel, thirty-six(36) scheduled work hours, may be terminated from the service of the city for job abandonment. (Code 1978, §4-1045; Ord. No. 5575, 6/12/96)

 

4-4-8-050 Dismissal.

 

For all employees, other than those in the position classification and pay category of executive who are hired after February 9, 1994, dismissals shall constitute involuntary separation from employment or termination for cause. For executives hired after February 9, 1994, dismissals shall constitute involuntary separation from employment or termination with or without cause. However, any police chief and fire chief are exempted from these provisions and will be hired and may be terminated in compliance with the City Charter Section 4-12. 1. (Code 1978, § 4-1046-, Ord. No. 5262, 2/9/94; Ord. No. 5575, 6/12/96)

 

 

4-4-8-060 Retirement.

 

The retirement of an employee shall consist of the voluntary separation of an employee who has met the retirement requirements under the rules governing any     applicable pension fund of which such employee may participate. (Code 1978, Sec. 4-1047; Ord. No. 5575,

6/12/96)

 

4-4-8-070 Death.

 

Separation shall be effective as of the date of the death of the employee. All compensation, including annual leave pay and accrued allowable compensatory leave pay, due to such deceased employee as of the effective date of

 

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separation, shall be paid to the beneficiary of the employee, the surviving spouse of such employee or to the estate of such employee, as may be determined by law or by the applicable executed documents in the official personnel record of such employee. It should be noted that the beneficiary of pension benefits of a deceased employee may differ from the recipient of the monies described in this section.(Code 1978, § 4-1048; Ord. No. 5575, 6/12/96)

 

4-4-8-080         Activities required upon separation.

A.     Exit Interview. All employees have the right to, but are not required to have, an exit interview with the personnel department. Such interview should take place prior to the last day at work and/or release of the final paycheck.

B.     Determination of Post-employment Benefits. All separating employees shall come by the personnel department prior to the effective date of separation to sign up for any post-employment benefits for which they may be eligible.

C.     Department Clearance. All employees separating from city service shall return all issued property, keys, tools, etc., to their department head or his designee.

D.     Credit Union. It is the employee's responsibility to make arrangements for their outstanding loans with the credit union upon separation from city employment.

E.     Final Paycheck. The employee's final paycheck will be tendered to the employee on the next regularly scheduled payday after the effective date of separation. This paycheck will include payment for any unused accrued vacation leave, holiday leave (if accrued) and allowed accrued compensatory leave. There is no payment for accrued sick leave upon termination. (Code 1978, § 4-1049;Ord. No. 5575, 6/12/96)

 

4-4-8-090 Re-employment.

 

A.     Employees terminated for cause, failure to give fourteen (14) days notice prior to resignation, abandonment of their job, or for loss of job requirements from any department may not be rehired for the period of three years.

B.     Employees who have resigned in good standing may reapply for any position with the city's employment.

1.    Rehired employees will be required to fulfill all responsibilities and requirements of a new employee.

2.      Exception. Recalled regular employees from a lay off or reduction in force may have some requirements waived by the personnel director. See Section 4-4-8-020 (C)(2).(Code 1978, § 4-1050; Ord. No. 5575, 6/12/96)

 

 

 

 

4-4-10-020

 

Article 4-4-10 Conflict of Interest, Political Activities and Code of Ethics

 

4.4-10-010 Acceptance of gifts, gratuities, special privileges.

 

A. Employees shall not accept any gifts, loans, re-wards, favors or services that may reasonably tend to improperly influence them in the discharge of their official duties. This limitation is not intended to prohibit the acceptance of articles of negligible value which are distributed generally nor to prohibit employees from accepting loans from regular lending institutions. It is particularly important that employees guard against relationships which might be construed as or give the appearance of favoritism, coercion, unfair advantage or collusion.

B.     Employees shall not use or attempt to use their position to secure an economic benefit or advantage, special privileges or exemptions for themselves or others including the use of knowledge obtained through their employment or by virtue of their position.

C. Employees shall not accept employment or engage in any business or professional activity which they may reasonably expect would require or induce them to disclose confidential information acquired by them by reason of their official position.

D. Employees shall not accept payment from outside sources for professional services rendered (i.e. teaching, instructing, speaking engagements, consulting, honorariums)when such activities are done on city time or when such services pertain to the purchase or sale of city/BLW property.

E.      City/BLW employees are prohibited from per-forming any non-city/BLW work inside the city limits or within the BLW service district if such work would require the inspection and/or approval for a City/BLW permit issued by their department. Nothing herein shall prohibit an employee from performing work on property owned by the employee. (Code 1978, § 4-1061; Ord. No. 5575,6/12/96)

 

4-4-10-020 Proprietorship of creations.

 

All plans, designs, reports, specifications, drawings, devices , inventions, and other items produced or created by employees during working hours or through the use of city/BLW facilities or equipment or at the request of the city/BLW shall be and become the sole property of the city/BLW. (Code 1978, § 4-1062-, Ord. No. 5575,6/12/96)

 

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4-4-10-030 Confidential information.

 

Employees shall not disclose confidential information gained by reason of their official position, nor shall they otherwise use such information for their personal gain or benefit. (Code 1978, § 4-1063; Ord. No. 5575, 6/12/96)

 

4.4-10-040 Conflict of interest.

 

A.     If an employee of the city is an officer, director,agent or member of, or owns interest in any entity which is subject to the regulation of, or which has financial commitments with the city, they shall file a swon statement to this effect with the city clerk.

B.     Employees shall not transact any business in their official capacity with any business entity of which he or she is an officer, director, agent, member, or in which he or she owns a controlling interest, excluding civic, charitable or religious organizations.

C.     Employees shall not have personal investment in any enterprise which will create a conflict or a perceived conflict between their private interest and the public interest.(Code 1978, § 4-1064; Ord. No. 5575, 6/12/96)

 

4-4-10-050 Political activity.

 

A, No person employed by the city shall either publicly or otherwise hold himself out as a candidate in any city election while holding employment with the city.

B.     City employees shall not take any part in political management or political campaigns in election of the mayor or any member of the city council for the City of Marietta during any period of time for which he is expected to perform work or receive compensation from the city.

C.     No employee, official or other person shall solicit, orally or by letter, or be in any other manner concerned in obtaining any assessments, contributions, or services for any political party from any employee during his hours of duty, service or work with the city.

D. Employees shall not represent the city/BLW by wearing any uniform or portion thereof that is issued by the city/13LW while he is participating in any campaign activities, demonstrations or political gatherings or while attending any other governmental meeting unless on official business.

E. The city in no way seeks to influence employees in their choice of party affiliations or candidates, recognizing that this is a matter for each person to decide. Therefore, nothing contained herein shall be construed to restrict the right of the employee to hold membership in and support a political party, to vote as he chooses, to express opinions on political subjects or candidates, to

 

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maintain political neutrality, to attend political parties after working hours, or to campaign actively during off duty hours in all areas of political activity.

F.      Employees shall not utilize any city equipment or vehicles in support of any political campaign. (Code of 1978,$ 4-1065 No. 5575, 6/12/96)

G.   

4-4-10-060 Use of microcomputer software.

 

In compliance with federal copyright laws, the city/BLW will not participate in or condone the illegal duplication of licensed microcomputer software. Such activity is strictly prohibited on city/BLW premises and/or machinery. The city/BLW does not own the copyright to any software or its related documentation and, unless authorized by the software developer, does not have the right to reproduce it for use on more than one computer.

With regard to use on local area networks or on multiple machines, city/BLW employees shall use the software only in accordance with the license agreement.

City/BLW employees are required to report any misuse of software or related documentation within the city/BLW to their department head or the MS director or any member of the MIS steering committee.

City/BLW employees who make, acquire or use unauthorized copies of computer software on city/BLW premises or machinery shall be subject to disciplinary action up to and including termination of employment. (Code 1978,§ 4-1066-, Ord. No. 5100, 11/11/92, § I -, Ord. No. 5575,6/12/96)

 

Article 4-4-12 Outside Employment

 

4-4-12-010 Limitations and approval requirement.

 

A. City employment shall be considered to be the primary employment of all full-time employees. No employee may engage in outside employment which will interfere with the interests of city service. Standards by which some employment is not acceptable include, but is not limited to:

1.   illegal activity;

2.     employment that by virtue of association will reflect

upon  the reputation of the city/BLW;

3.     high hazard or fatiguing work which might detract

from or reduce city/BLW performance.

4.     any work which requires inspection and/or approval for a city/BLW issued permit by the requesting employee's department.

 

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B.     Prior to begining any regularly scheduled outside employment, employees will obtain specific written approval from their department head or his designee on request forms which indicate the name of the outside employer, the nature of the work, hours of work, address and telephone number where the employee can be reached. Such information will become a part of the employee's official personnel record.Employees are required to obtain approval from their department head or his designee for any change in a previously approved outside employment request.

C.     Any employee accepting or engaging in outside employment under the terms of this rule shall make arrangements with the outside employer to be available to respond immediately to any emergency call of duty whenever the department head or his designee shall determine that the employee's services are necessary.

D.     Employees sustaining injuries while engaged in outside employment are normally ineligible to receive benefits under the city's worker's compensation program. If an employee sustains an injury while engaged in outside employment, but is performing duties within the scope of his city responsibilities (i.e., a police arrest), he may be eligible for partial city worker's compensation benefits.

E.     Failure to comply with the provisions of this section will result in disciplinary action. (Code 1978, § 4-1071;Ord. No. 5575, 6/12/96)

 

Article 4-4-14 Uniforms, Appearance and Issued Equipment Policy

 

4-4-14-010 General appearance.

A.     The most noticeable expression of conscientiousness that a public employee can make is the care which is taken to present a clean, neat and presentable appearance to the general public. Employees will consider this in all aspects of their appearance and conduct.

B.     Hair styles, facial hair, jewelry and similar appearance factors will be displayed in a manner which does not interfere with the worker's safety or productivity or the safety and productivity of his coworkers. (Code 1978,§ 4-1081; Ord. No. 5575, 6/12/96)

 

4-4-14-020 Uniforms.

A.    As the nature of the city's work varies greatly,it is recognized that what is appropriate for employees in one department may not be appropriate for another. Work clothes and/or uniforms provided for some departments generally set the standard for their functions. Determination of any employee's specific dress and appearance is a supervisory responsibility and will be treated as such; but any such dress or appearance standards prescribed by any department must be relevant to the work to be accomplished.

 

B.     All uniforms issued, including all required equipment such as clothing, hats, gloves, safety shoes/boots, etc. shall he worn on duty unless excused in writing by a licensed physician and approved in writing by the department head. Such excuse may be verified by an individual or entity appointed by the city/BLW. Such excuse shall be presented to the employee's supervisor. Nevertheless, employees will still be required to perform the essential functions of their position with or without a reasonable accommodation. If the wearing of safety equipment and/or the uniform are essential functions of the position, and the employee cannot, by physician's statement, wear the equipment and/or uniform, then the employee will be separated from employment. See Section 4-4-8-040. No part of the uniform or equipment issued by the city/BLW shall be utilized in any manner while off duty unless permission is granted by the appropriate department head. It is the employee's responsibility to maintain and protect issued uniforms and equipment.

C. All uniforms and any issued equipment, tools, keys,etc., will be returned to the city/BLW upon separation from employment. (Code 1978, § 4-1082; Ord. No. 5575,6/12/96)

 

Article 4-4-16 Attendance and Leave Policy4-4-16-010 Hours of work.

A.     The hours of work which constitute full-time regular employment shall, as a minimum, be thirty (30) hours per week.

B.     The city manager or his designee shall determine the hours of work that constitutes a regular workweek for all classifications of employees. The number of hours in a regular workweek for different job classes may vary depending on the nature and demands of each classification's responsibilities. Department heads shall file and maintain current work schedules for the department and place them on file with the personnel department. (Code1978, § 4-1091; Ord. No. 5575, 6/12/96)

 

4-4-16-020 Absenteeism and tardiness.

 

A.      Definitions:

1.     Absence: Failure of an employee to report for

scheduled work.

a.     Excused Absence: A prearranged absence which the employee obtained prior approval from the appropriate supervisory level or an absence that is due to an unforeseen need or problem which requires being away from the job and which in the judgment of the supervisor is a legitimate need.

b.    Unexcused Absence: Any absence without leave or proper authorization.

2.    Tardiness: Arriving for work later than the scheduled starting time or from lunch or break periods.

B. Responsibilities:

1.    Employees: It is a condition of employment when employment is accepted with the city/BLW that the employee is not to have unexcused absences or tardiness and by doing so, can result in disciplinary action(s) being taken.

2.    Supervisors: A supervisor is responsible for administering prompt and consistent disciplinary action.

C.    Absenteeism and tardiness; supervision and discipline:

I .   Verification of absence due to alleged illness or injury.

a.    Verification of illness or injury by a physician's statement will be required to support a request for sick leave while on vacation leave.

b.    Medical statements supporting alleged illness or injury may be required to substantiate sick leave for4,4OFf- Absences of three or more consecutive workdays(firefighter equivalent = thirty-six (36) hours);

(2) Al any time when absence recurs frequently or habitually, provided the employee has been previously warned that all future incidents would require verification. Verification by supervisors will be in the form of any of the following:

(A) Requiring the employee to bring a physician's statement. The frequency of such statements will be deter-mined by the department head or his designee. The physician's statement must verify that the employee's absence was due to medical necessity and that the employee was unable to work on the day(s) of absence. If absence is due to illness or injury of an eligible family member, such statements may be required from the patient's physician as to the necessity for the employee's attendance.

(B) Visiting the employee's home.

(C) Requiring the employee to have an examination by a city appointed individual or entity, including, but not limited to, a physician, psychologist, or any appropriate medical care provider at city/BLW expense.

2.    Unexcused employee absenteeism or tardiness shall result in disciplinary action(s) as determined by the department head or his designee.

F.     Absenteeism and tardiness; impact on performance appraisal: Absenteeism and tardiness records (excused and unexcused) are to be considered in all performance appraisals of an employee.

 

E.      Absenteeism and tardiness records:1.      It is the responsibility of each department to keep accurate absence and tardiness records on each employee and to take immediate action when necessary to do so.

2.      The original of any disciplinary action concerning employee violations under this policy are to be sent to the repository of the employee's official personnel file. (Code1978, § 4-1092, Ord. No. 5575, 6/12/96)

4-4-16-030 Holidays observed.

A. The following days have been designated as paid legal holidays for city employees. These holidays are subject to change, addition, and/or deletion by city council.

 

1.New Year's Day                         January 1

2.Martin Luther King's Birthday    Third Monday in Jan

3.Spring Day         Friday before Easter

4.Memorial Day             Last Monday in May

5.Idependence Day                       July 4

6.Labor Day                   1 st Monday in September

7.Thanksgiving Day         Fourth Thursday in Nov

8.Day after Thanksgiving   Friday after Thanksgiving

9.Christmas Eve                          December 24

10.     Christmas Day                     December 25

B.      An employee must be present at work or have an

excused or permitted absence on the regularly scheduled workdays immediately before or after a holiday in order to receive pay for the holiday.

B. If a holiday falls on a Saturday, it will be celebrated on a Friday; if a holiday falls on a Sunday, it will be celebrated on a Monday unless otherwise designated by the city manager or city council. Only the actual day of the holiday will be recognized as the holiday for shift personnel.

D. Full-time personnel (except for police officers, firefighters, E-911 personnel and other employees regularly scheduled to work on holidays) required to work on the actual day of the holiday shall be compensated for hours worked at one and one-half (1 1/2) times their current hourly rate. Such employees shall take the holiday off at another date within one year after the holiday worked or at the discretion of the department head receive straight time pay for the holiday.

E.      Any employee whose regular day off coincides with a holiday may, at the discretion of the department

 

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head, be paid straight time for the holiday or be allowed to take the holiday off at another date within twelve (12)calendar months from the day the holiday is observed.

F.     Holidays accrued for each calendar year that are not taken or paid by the occurrence of the holiday the following year shall be forfeited. It is the responsibility of the department head to ensure that all employees that accrue holiday leave have the opportunity to take such leave. If riot voluntarily scheduled, the department head may assign a schedule of the use of such leave. Leave may only betaken after approval of the department head or their specific designee so that the employee's absence will not unduly burden the work schedule of the department.

G.     All holiday leave will accrue to the credit of an employee on the day of occurrence of each holiday. Firefighters shall receive one hundred twenty (120) hours of holiday leave per year or twelve (12) hours per holiday in lieu of holidays observed by general employees. Shift employees in the police department and in the E-911division shall receive eighty (80) hours of holiday leave per year in lieu of holidays observed by general employees. Holiday hours may not be advanced without the specific approval of the department head.

H. Employees who are scheduled to work a ten hour day and whose department or work unit is closed for the holiday, shall receive a ten hour holiday on the actual day of celebration of the holiday.

1.     Terminating employees who accrue holiday leave shall be entitled to all unused holiday hours accrued as of the date of termination. However, terminating employees who have taken advanced holiday hours in excess of the time served shall reimburse the city/BLW all advanced hours.

J.     Requests for holiday leave should be made in writing and approved by the department head or their designee.

K. If a holiday falls on a normal workday for regular part-time employees, such employees will be paid holiday pay for the number of hours that would have been worked.Temporary employees are not eligible for holidays. (Code1978, § 4-1093; Ord. No. 5575, 6/12/96)

 

4-4-16-040 Vacation leave.

A.     General. Vacation leave is a fringe benefit for the purpose of rejuvenating both physical and mental faculties. Therefore, employees are strongly encouraged to use their vacation time. Vacation leave may be granted for the following purposes:

1.     Vacation;2.    Absences for the transaction of personal business

 

which cannot be conducted during off-duty hours;

 

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3.     Religious holidays other than those designated above as official holidays;

4.     For absences due to illness or injury when sick leave is exhausted.

B. Eligibility. AN full-time employees in the personnel system shall be entitled to earn and accrue vacation leave. Part-time and temporary employees are not eligible for vacation leave.

C.     Vacation leave accrual.1.    All full-time employees, except fire department personnel on a twenty-four (24) hour shift, shall accrue vacation leave at a rate of six and two-thirds (6.66) hours per month beginning on the first date of employment to the 10th anniversary of employment From the 10th employment anniversary date to the 20th anniversary date, the employee shall accrue ten vacation hours per month. Commencing on the 20th anniversary date until retirement or termination, the employee shall accrue 13.33 vacation hours per month.

2.     Fire department personnel on a twenty-four (24)hour shift shall accrue vacation leave at a rate of one hundred twelve (I 12) hours per year or 9.33 hours per month beginning on the first date of employment to the10th anniversary of employment. From the 10th employment anniversary date to the 20th anniversary date, th6 twenty-four (24) hour fire department employee shall accrue one hundred sixty-eight (I 68) hours per year or fourteen (14)hours per month. Commencing on the 20th anniversary date until retirement or termination, fire personnel on a twenty-four (24) hour shift shall accrue two hundred twenty-four (224) hours per year or 18.67 hours per month.

3.     Employees will accrue vacation leave, but it may not be taken until after successful completion of their first six months of continuous employment.

4.     Vacation leave will also accrue to the credit of an employee who is on leave with pay such as vacation, sick, court, compensatory, military and workers compensation leave.

D.     Request for leave.1.    A request for vacation leave shall be submitted to the employee's department head or his or her designee. Leave may only be taken after approval by the department head or their specific designee so that the employee's absence will not unduly burden the work schedule of the department.

2.     Vacation leave may not be granted before it acmes.3.     All employees in their fourth (4th) through ninth (9th) year of service, must take a minimum of forty (40)work hours (fifty-six (56) work hours for fire service)vacation per anniversary year. AU employees with at least ten years of service must take a minimum of eighty (80)work hours (one hundred twelve (112) work hours for fire service) vacation per anniversary year. If work requirements are such that an employee cannot take the minimum vacation in a particular year, that leave time may, with approval of the department head and personnel director, be carried   over and taken in the fast six months of the following year. An employee may be paid, at the city's option, the balance of the current year's accrual after he has taken the required minimum vacation.

G.     Maximum vacation leave accrual. Vacation leave may be accrued up to a maximum of seven hundred twenty(720) hours for fire service personnel and four hundred twenty (420) hours for all other employees. Hours earned in excess of the assigned maximums must be used during the calendar year or forfeited after the last pay period of each year. The last pay period is determined on a year-to-year basis, and will be sent to all departments by the personnel department.

 

H.     Payment for unused vacation leave.

 

1.    Employees who have completed their initial working test period are entitled to be paid for all accrued, unused vacation leave up to the maximum accrual as designated in subsection E of this section, upon   termination of employment for any reason. Employees terminated during their first six months of initial employment are not entitled to be compensated for any vacation leave accrued or if de-ceased, their beneficiary or estate is not entitled to any compensation for any vacation leave accrued during the first six months.

2.    If an employee who has successfully completed his first six months of employment dies, his beneficiary or estate shall be entitled to payment for all accumulated vacation leave credited to the employee up to the maximum accrual as designated in subsection E of this section. (Code1978, § 4-1094; Ord. No. 5114, 12/9/92, § 1; Ord. No.5575, 6/12/96)

 

4-4-16-050 Sick Leave.

Sick leave with pay is a privilege granted by the city/BLW for the benefit of an employee.

A. Eligibility. All full-time employees in the personnel system shall be entitled to accrue sick leave. Part-time and temporary employees are not eligible for sick leave.

B.    Sick leave usage. Paid sick leave may be granted upon proper notification and approval of the department head or his designee for the following reasons:

1.   Employee's personal illness, pregnancy or disability or mental or drug and/or alcohol counseling;

2.    Employee medical, dental or eye appointments which cannot be made outside of working hours,

3    Illness of an employee's family member requiring the personal

attendance of the employee,

 

 

 

4.   Employee's family member's medical, dental or eye appointments which cannot be made outside of working hours which require the personal attendance of the employee.

 

Family members for the purpose of this policy are defined as spouse, children, or other dependents residing in the employee's household.

C. Rates of accrual.

1.   All regular full-time employees, except fire department personnel assigned to a twenty-four (24) hour shift, shall accrue sick leave starting with the first day of employment at the rate of six and two-thirds (6.66) hours per month. Fire department personnel assigned to a twenty-four(24) hour shift shall accrue sick leave swing with the first day of employment at the rate of 9.34 hours per month.

2.   Sick leave will accrue to the credit of an employee who is on leave with pay such as vacation, sick, compensatory, court, military and workers' compensation.

D. Maximum accumulation. There is no maximum limit on the number of sick leave days or hours which maybe accumulated by an employee. The city considers sick leave to be a form of disability "insurance" to protect the employee's income in case of serious illness or disability.

E.   Reporting and/or requesting sick leave. Employees are to notify their department head or his designee of any illness covered by this policy and expected period of absence not later dm one hour after their normal scheduled starting time for work. This procedure shad be followed for each day the employee is unable to work, unless prior approval is given by the department head or his designee. Shift work and other special circumstances may require different and/or more restrictive notification methods in some departments. Employees should be advised of any other method during their department orientation upon employment. ,

F.   Certification by a physician.

1.   A medical certificate signed by a licensed physician will be required by department heads to substantiate a request for payment of sick leave for the following reasons:

a.   To support a request for sick leave during a period when the employee is on vacation or days immediately before or after scheduled vacation or a holiday or holiday leave.

b.   To support a request for sick leave during the calendar days prior to separation from city service.

2.   In addition, department heads may also require a medical certificate signed by a licensed physician for the following reasons:

a.   Any period of absence consisting of three or more consecutive work days or for periods greater than thirty-six(36) hours for fire personnel on a twenty-four (24) hour shift.

 

 

b.     Leave of any duration, if absence from duty recurs frequently or habitually, provided the employee has been warned in writing that a certificate will be required.

3.     If the employee does not obtain or submit the documentation required above or if documentation is inadequate, payment for sick leave may be denied,

4.     The city reserves the right to investigate, in any manner it deems necessary, any possible abuse of sick leave.

G. Pay for unused sick leave.1.    An employee who is separated from employment for any reason other than disability retirement shall not receive pay for unused sick leave accrued to his credit.

2.     Employees who qualify for disability retirement under any city sponsored retirement program shall receive payment for up to one-half (1/2) of the employee's total accrued sick leave in an amount not to exceed two hundred(200) hours.

3.     All sick leave requests for the thirty (30) calendar day period prior to separation from employment are required to be substantiated by a physician's certificate.

H. Sick leave incentive. Employees who have completed their initial working test period may, if they choose, convert to cash payment fifty (50) percent of their unused sick leave accrued for that year. Such time shall be deducted from the employee's sick leave balance. the base period for calculation of this benefit shall be from the last pay period in November of the previous year to the last week in November of the year in which the benefit is paid. Incomplete or partial completion of the base period voids this benefit. The base period shall include no part of the initial six months of employment.

1.     Exhausted sick leave. No sick leave in excess of that accumulated may be granted. For an extended illness, an employee may elect to use his vacation leave or, if applicable, accrued compensatory time. If all accrued sick, vacation and compensatory time is used, the employee maybe granted a leave of absence without pay as provided under Section 4-4-16-090 of these policies and procedures or released from employment. (Code 1978, § 4-1095; Ord. No. 5575, 6/12/96)

 

4-4-16-060 Military leave.

These provisions are intended to comply with federal and state laws regarding military leave and are not intended to add to or detract from those regulations. See Veteran Readjustment Assistance Act of 1974 (Vietnam Era Veterans Readjustment and Assistance Act), 38 U.S.C. Section 4301,et seq, commonly known as the Veterans Re-employment Rights Act, the Uniformed Services and Re-employment Rights Act of 1994 (P.L. 103-353) and O.C.G.A. section38-2-279. The city/BLW specifically reserves the right to

 

add to, change or abolish the provisions of this section, in whole or in part, based upon pertinent action by any appropriate legislative, judicial or regulatory authority.

In accordance with this law, the city/13LW will not discriminate against any employee or job applicant in initial employment, re employment, retention, promotion, or any benefit of employment on the basis of their membership. Application for membership, performance of military service, application for service or obligation to the uniformed service.

A. Eligibility. Any regular employee who is a member of the U.S.Army, Navy, Air Force, Marines, Coast Guard Reserves or the National Guard or any current employee who is drafted or joins the uniformed services may be granted a leave of absence for the purpose of participating in Reserve or National Guard training programs and active duty tours with the uniformed service.

B. Extent of Leave. Employees who are called to active service of the military forces of the United States for an initial period of service in excess of thirty (30) days, but not to exceed five years unless involuntarily extended, shall, upon advance written or verbal notice, be placed on extended military leave without pay. Acceptable supporting documentation is required. No advance notice is required if the notice is precluded by military necessity or the giving of notice is impossible or unreasonable. Employees are required to inform the city/BLW of their intention to return to their job.

Employees on a leave of absence for military service or training have varying time limits within which to report to work after military service, depending on the length of the period of service or training. For military service for periods of thirty (30) days or less, employees must notify the city/BLW verbally or in writing of their intent to return to a position of employment no later than the first regularly scheduled work period on the first full calendar day after the military service plus eight hours to return home. For service from thirty-one (3 1) to one hundred eighty (180)days, an application for re-employment must be filed within fourteen (14) days after completion of the service. For service for one hundred eighty-one (181) days or more, an application for re-employment must be submitted not later than ninety (90) days after completion of the period of service. All of these deadlines can be extended for up to two years if the individual is hospitalized or convalescing from a service connected injury or illness.

Such discharge from service must not be classified as dishonorable and the employee must be physically and mentally capable of performing the essential functions of the work involved in his previous or similar position with

 

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4-4-16-060                                                Code

 

or without a reasonable accommodation. An examination by an individual or entity appointed by the city ELW at city/BLW expense will be utilized to aid in determining fitness for duty and/or the ability to perform the essential functions of the position with or without a reasonable accommodation.

The city/BLW is not required to reinstate returning employees under the following conditions

1. The city/BLW's circumstances have so changed as to make re employment impossible or unreasonable;

2. The employment from which the person leaves to serve in the uniformed services is for a brief, non-recurrent period and there is no reasonable expectation that such employment will continue indefinitely or for a significant period,

3. The returning employee is no longer qualified (i.e.,no longer has the ability to perform the essential functions of the position) despite the city/BLW's reasonable efforts to requalify such individual (including re-training) and re-employment would cause the city/BLW undue hardship;

4. The returning employee was not released from service under honorable conditions.

C. Health Benefits. All full time employees on military leave are entitled to continue their health insurance under the Consolidated Omnibus Budget Reconciliation Act(COBRA) for up to eighteen (18) months.   the city/BLW can charge the employee one hundred two (102) percent of the full premium for this coverage if the military leave exceeds thirty-one (31) calendar days. If the leave is thirty-one (31) calendar days or less, the employee can continue to pay the employee portion of the premium and the city/BLW will continue to pay the employer portion until the end of the 31st calendar day.

Employees who do not elect to continue coverage during military leave will have their coverage reinstated upon re-employment without any exclusions or waiting periods except to the extent the exclusion would have applied even if coverage had not been terminated as a result of such service. However, some exclusions or waiting periods could apply to medical problems or conditions that the Secretary of Veterans Affairs determines to be the result of a service connected disability.

C. Pension Benefits.

1.     Supplemental Pension. The city/BLW will retroactively contribute to the account of returning employees, an amount that would have been contributed had the employee not left for military duty. Allocations will not include earnings or forfeitures.

2.   Regular Pension. Time spent in the Reserves or National Guard will be credited to all employees toward meeting length of service requirements for eligibility for participating in a retirement plan, for vesting in the retirement plan or in the calculation of benefits under the retirement plan. The city MLW will suspend pension contributions during military service because the employee is not in pay status. However, upon such employee's return, the city/BLW will retroactively contribute an amount that would have been contributed had the employee not left for military duty. Earnings for pension purposes will be computed at the hourly or salary rate at which it would have been earned if the employee were not on leave. The break in service provision of the retirement plans shall not effect an employee on military leave.

D. Re-employment Rights. All regular employees on military leave will retain a right to re employment for up to five years.

1.     An employee who is called to active service for

less than ninety (90) days is entitled to:

a.     Re-employment in the position in which the employee would have been employed if the continuous employment of such person with the city/BLW had not been interrupted by such service, the dudes of which the person is qualified to perform; or

b.     Re-employment in the position in which the employee was employed on the date of the commencement of the service in the uniformed services, but only if the employee is not qualified to perform the duties of the position referred to above after reasonable efforts by the city/BLW to qualify the employee.

-2.    An employee who is called to active service for more than ninety (90) days is entitled to:

a.     Re-employment in the position of employment in which the person would have been employed if the continuous employment of such person with the city/BLW had not been interrupted by such service, or a position of like seniority, status or pay, the duties of which the person is qualified to perform-, or

b.     Re-employment in the position in which the person was employed on the date of the commencement of the service in the uniformed services, or a position of like seniority, status, and pay, the duties of which the person is qualified to perform, only if the person is not qualified to perform the duties of a position referred to above after reasonable efforts by the city/BLW to qualify the person.

3.     In the case of a person who has a disability incurred in, or aggravated during such service, and who, after reasonable efforts by the city/]BLW to accommodate the disability, is not qualified due to such disability to be employed in the position of employment in which the person would have been employed, the employee is entitled to:

a.    Re-employment in any other position which is equivalent in seniority, status and pay, the duties of which the employee is qualified to perform or would become qualified to perform with reasonable efforts by the city/BLW-, or

b.     Re-employment in a position which is the nearest approximation to       a position referred to above in terms of seniority, status and pay consistent with circumstances of such person's case.

4.The employee will not be penalized for having been away on military duty and shall be entitled to the seniority and other rights and benefits determined by seniority that the employee had on the date of the commencement of service in the uniformed services plus the additional seniority and rights and benefits that such person would have attained if ft person had remained continuously employed. The returning employee shall also be entitled to any increase in base salary accorded his position, excluding performance increases, which would normally be accorded to the incumbent in the position.

5.Re-employment will not be dependent upon the laying off of another person who was hired at an earlier date than the date of the person returning from military leave in the same or similar position.

6. The city/BLW will make reasonable efforts to refresh or update the skills of the returning employees from military leave by providing refresher training and any training the employee would have received if he or she would have remained on the job.

E. Leave of Absence for Reserve or Guard Training.

I .    All employees are entitled to leave of absence without loss of pay, leave benefits or service time on all days which they are engaged in training ordered under the provisions of the U.S. military training or naval regulations up to a maximum of eighteen (18) working days in anyone annual period. A shift of twelve (12) hours or less constitutes one (1) workday for the purposes of this policy. For fire personnel who work a twenty-four (24) hour shift,a maximum of eight and one-half (8.5) shifts or two hundred four (204) hours will be allowable for paid military leave during any one annual period.

2.     Leaves of absence exceeding eighteen (18) working days (or two hundred four (204) hours for(fire personnel)in any one annual period shall be granted for assignment to duty functions of a military character, without pay, but not less in service time. (Code 1978, § 4-1096; Ord. No.5575, 6/12196)

 

4-4-16-070 Court leave.

A. An employee called for jury duty or subpoenaed as a witness, except on cases in which the witness is a plaintiff, cross-complainant or counter complainant, shall be granted court leave and shall be excused from work upon presentation of a court notice to the department head to that effect. Employees called to court for the purposes of ft policy shall promptly notify their immediate supervi-sor so that arrangements can be made for their absence from work. The employee will be paid his regular pay provided he submits evidence of the actual days spent in court. Monies received or which could be received for said service from any court (except actual receipted expense)shall be endorsed to the city/BLW. Only the number of actual days or hours spent in court will be considered in granting leave and the employee must return to duty promptly when released by the court.

B. Employees who become plaintiffs or defendants are not eligible for court leave with pay. (Code 1978, Sec.4-1097; Ord. No. 5575, 6/12/96)

 

4-4-16-080 Funeral leave.

 

A.     All full time, regular employees may be granted upon approval of the department head, time off with pay not to exceed three consecutive workdays or thirty-six (36)hours for twenty-four (24) hour shift fire personnel in the event of a death in their immediate family. Two additional workdays or twenty (20) hours for twenty-four (24) hour fire personnel may be granted at the discretion of the department head.

B.     The maximum allowed funeral leave in one calendar year is five workdays or fifty-six (56) hours for twenty-four(24) hour shift fire personnel. Such time is not chargeable to vacation or sick leave.

C.     The employee may be required to provide the department head with proof of death in the immediate family before compensation is approved.

D.     Immediate family for the purpose of this policy is defined as: spouse, children, parent, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, grandparent, grandchildren, stepchildren, step-parents, legal guardian or any relative or dependent living in the employee's household. (Code 1978, § 4-1098; Ord. No.5575, 6/12/96)

 

4-4-16-090 Family and Medical leave of absence without pay.

 

The provisions of this section are regulated by the Family and Medical Leave Act of 1993 (P.L. 103-3) and pertinent Department of Labor regulations as they may be promulgated. The city/BLW specifically reserves the right to add to, change or abolish the provisions of this section, in whole or in part, based upon pertinent action by any appropriate legislative, judicial or regulatory authority.

A.      Eligibility and Reasons Granted. The provisions of this section apply only to those employees who have been employed for at least twelve (12) months (such twelve(12) months of employment does not have to be consecutive) and who have provided at least one thousand two hundred fifty (1,250) hours of service during the twelve(12) months before any leave is requested. In determining the hours worked, paid leave, such as vacation, sick or compensatory leave is not included.

The city manager or a department head will grant up to a total of twelve (12) work weeks of Family and Medical Leave Act (hereinafter FNILA) leave to any eligible employee during any twelve (12) month period for one or more of the reasons fisted below. The twelve (12) month period for purposes of this section shall be measured forward from the date any employee's first FNILA leave begins. However, employees are required to first use any accrued vacation, sick, holiday or compensatory leave for all or any part of this twelve (12) week period. When paid accrued leave is used by an employee in lieu of unpaid FNFLA leave, the city/BLW will only provide sufficient unpaid leave to total twelve (12) work weeks in the designated twelve(12) month period of time.

1.      Reasons.

a.    Birth of a child and to care for that child if requested within one year after birth of the child. Employees are required to give at least thirty (30) days notice for a request for this reason and specify the amount of time requested. If, due to unforeseeable circumstances, some adjustment must be made to the requested leave, employees are required to provide the city/BLW with reasonable notice of such adjustment. Failure to comply with this notice requirement may be grounds for postponement of the requested leave.

b.     Placement for adoption or foster care of a child if requested within one year after placement of the child. Employees are required to give at least thirty (30) days notice for a request for this reason and specify the amount of time requested. If, due to unforeseeable circumstances, notice is not able to be given within the thirty day time period, employees are required to provide reasonable notice within two business days of learning of the need for leave. Failure to comply with this notice requirement may be grounds for postponement of the requested leave.

c.     Serious personal health condition making the employee unable to perform the essential functions of his job. Employees are required to give notice as soon as practicable after the need for FMLA leave becomes known to the employee, and specify the amount of time requested.

d.    Care for a parent, spouse, or child with a serious health condition. A qualifying child must be under eighteen(18) years of age, or if older, incapable of self care because of a mental or physical disability. Employees are required to give notice as soon as practicable after the need for FNILA leave becomes known to the employee, and specify

 

 

 

 

 

the amount of time requested. For purposes of this policy, a parent includes only a biological parent or an individual who stands or stood in loco parentis to the employee when the employee was a child. Parents-in-law are not included. For purposes of this policy, child includes biological children, adopted children, foster children, step children, legal wards or a child of an employee standing in loco

parentis and the child is either under age eighteen (18)or age eighteen (18) or older and incapable of self care because of a mental or physical disability. For purposes of this policy, spouse means a husband or wife as defined or recognized under state law for purposes of marriage in the state where the employee resides, including common     law marriage in states where it is recognized. Domestic partners are not eligible for the provisions of this section. Leave for care of any other relatives or for any other individuals who may be a part of an employee's household is not authorized by this section.

 

2.     For the purposes of this section, a serious health condition is an illness, injury, impairment or physical or mental condition that involves one of the following:

a.     Hospital care. Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care, facility, including any period of incapacity or subsequent treatment in connection with, or as a consequence of, such inpatient care. Incapacity for the purposes of FMLA is defined to mean inability to work, attend schools, or perform      other regular daily activities due to the serious health condition, treatment for it, or recovery from it.

 

b.     Absence Plus Treatment. A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition) that also involves:

 

(1) Treatment two or more times by a health care provider, a nurse, or physician's assistant under direct supervision of a health care provider or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or

(2) Treatment by a health care provider on at least one occasion that results in a regimen of continuing treatment under the supervision of the health care provider.

 c.    Due to Pregnancy, or for Prenatal Care. Any periods of incapacity due to pregnancy or for prenatal care.

 

d.     Chronic Conditions Requiring Treatments. A chronic condition that:

(1) Requires periodic visits for treatment by a health care provider or a nurse or physician's assistant under then direct supervision of a health care provider;

 

(2) Continues over an extended period of time (including recurring episodes of a single underlying condition): and

 

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(3) May cause episodic incapacity rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy,

 

etc.)e.     Permanent/Long-Term Conditions Requiring Supervision. A period of incapacity that is permanent or long term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of but need not be receiving active treatment from a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

f.     Multiple Treatments (Non-chronic Conditions).Any period of absence to receive multiple treatments(including any period of recovery from them ) by a healthcare provider or a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury or for a condition that would be likely to result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer, chemotherapy, radiation, etc., severe arthritis(physical therapy) or kidney disease (dialysis).

Employees must give thirty (30) days notice for all requests for leaves of absence for any planned medical treatment. If the employee fails to give thirty (30) days notice, when requested, for foreseeable leave, with no reasonable excuse for the delay, the city manager or depart-ment head may deny the taking of FNILA leave until at least thirty (30) days after the date the employee provides notice to the city manager or department head of the need for FNILA leave.

All requests for FNILA leave for the serious medical condition of the employee, spouse, parent or child must be substantiated by a health care provider's certification of the existence of such medical condition. The initial certification must be provided within fifteen (I 5) days after the city/BLW requests such certification. The city/BLW'S request for certification shall be written and addressed to the employee.

The employee is required to provide his department head on the beginning day of the sixth and twelfth week of FNILA leave, a recertification by the health care provider of the status of the employee's, spouse's, parent's or child's serious medical condition, and a written statement by the employee as to his intention to return to work. If the employee's FNIELA leave is intermittent or a reduced schedule of work, the employee shall provide the required recertification and written statement of intent at such time as the employee's accumulated FULA leave totals six weeks and twelve (12) weeks.

Intermittent leave or a reduced schedule of work maybe taken whenever medically necessary to care for a seriously ill family member or because the employee is seriously ill and unable to work. Employees needing intermittent leave or leave on a reduced schedule must attempt to schedule their leave so as not to disrupt the department's operations. Intermittent leave or a reduced work schedule will not be approved for birth of a child, placement for adoption or foster care of a child. The city/BLW reserves the right to temporary transfer an employee on intermittent leave or a reduced schedule of work to an alternative position, with equivalent pay and benefits, that better accommodates the recurring periods of leave than the employee's regular position.

3.     If a husband and wife are employed by the city/BLW, they are limited to a combined total of twelve work weeks of FNILA leave during any twelve (12) month period for the following reasons only:

a.    Birth of a child, and to care for the newborn child;

b.     Placement of a child with the employee for adoption

 

or foster care; or

b.    The care of a parent with serious health condition. The employee is required to keep the department of personnel (payroll section) advised of his current address at all times.

c.   

B.      Employee Benefits During Leave:

 

1.     Health Insurance. The city/BLW will provide and pay for the same group health care coverage during the FNILA leave in the same manner as for active employees. The city/BLW will notify the employee on FNILA to pay the employee portion of any health insurance premium owed to the city/BLW during his absence. If the employee elects not to return to work after the FNIELA leave, the city/BLW will initiate proceedings to collect the city/BLW's portion of the premium paid during the leave of absence. The city/BLW will not collect such premiums if the employee fails to return to work after the FNILA leave due to a continuation, recurrence or onset of the medical condition or other circumstances affecting the employee or other family members which are clearly beyond the employee's control.

2.     Life Insurance. The employee may elect to continue coverage of the city/BLW's life insurance benefit. The employee is responsible for timely payment of all premiums, including the city/BLW's portion, during his absence. The employee is responsible for timely payment of all premiums for any supplemental policies the employee wishes to continue. Failure to pay the monthly premiums within thirty(30) days of the due date will result in termination of the coverage.

3     Vacation and Sick Leave. No vacation or sick leave will be earned by an employee on leave of absence without pay status.

 

 

4.     Pension Plans. No contributions will be made to the employee's supplemental pension fund while on leave without pay status. However, credit for service time for the employee's regular pension plan will be credited to an employee while on leave without pay status for family and medical leave purposes only.

5.     Performance Evaluations, Performance Awards and Longevity Bonuses. Any leave of absence without pay for four or more work weeks will result in a corresponding adjustment of evaluation date and, if eligible, the effective date of award of any eligible performance raise or bonus or longevity bonus will also be adjusted.

C. Return to Work. An employee is expected to return to work no later than the first work day of the week following the expiration of the FNILA leave for the above reasons. Failure to do so for any reason will constitute abandonment of city/BLW employment by the employee.

Upon return from FMLA leave, an employee will be restored to his original job, or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions.

If the employee's absence is due to personal illness, the employee may return to work at any time upon pro-viding a fitness for duty certification by his health care provider. Employees who desire to return to work prior to the end of their leave must give the city/BLW notice as soon as possible, but no later than two work days prior to their return.

If an employee who requests leave under this section is identified as a key employee (a salaried employee who is compensated among the highest ten percent of all city/BLW employees at the time of the request) when he requests such leave, then such employee may be denied restoration to his employment with the city/BLW under the following conditions:

I .    The restoration of the employee to employment will cause substantial and grievous economic injury to the operations of the city/BLW;

2.     The city manager or department head gives written notice to the employee of his status as a "key" employee in response to the employee's notice of intent to take FNILA leave, and informs the employee of the potential consequences with respect to reinstatement and maintenance of health benefits if the city/BLW determines that substantial and grievous economic injury to the city/BLW's operations will result if the employee is reinstated from FMLA leave;

3.     The city manager or department head gives the employee written notice as soon as a decision is made to deny job restoration and explains the reasons for the decision;

 

4.     The city manager or department head offers the employee a reasonable opportunity to return to work from FNOELA leave after giving notice; and

5.     The city manager or department head makes a final determination as to whether reinstatement will be denied at the end of the FNILA leave period if the employee then requests restoration.

D. Procedure.1.     Employee's Responsibilities. The employee re-questing family/medical leave should complete a request form as provided by the personnel department Such request form should be submitted to the employee's department head and forwarded to the personnel department. The employee should meet with a personnel department staff member to explain the circumstances of the leave and for the personnel staff member to explain the employee's rights and obligations under this Act. The employee is also responsible for providing all information required on the form, notice of absence when required and for all certifications by any treating health care provider. An employee must work cooperatively with supervisors and department managers to work out a treatment schedule which best suits the needs of both the city/BLW and the employee.

2.     Department Responsibilities. The department head is required to approve leave as outlined in this section for eligible employees. Department heads or supervisors are prohibited from discriminating against employees who take family and medical leave in employment decisions such as performance evaluations, promotions or disciplinary actions. Department and division managers are required to maintain a department and/or division poster notifying employees of the provisions of the FNILA. If an employee verbally notifies a supervisor, division manager or department head of the need for leave which may be eligible under this policy, such supervisor should inquire further of the employee of the need to have more information about whether FNILA leave is being sought by the employee, and to obtain the necessary details of the leave to be taken.

2.      Personnel Department. The personnel department will serve as advisor to employees and supervisors on the requirements of eligibility for family/medical leave and the provisions of the FMLA. AU records pertaining to family and medical leave will be maintained in the employee's confidential medical file in the custody of the personnel department. The personnel department will be responsible for notification of any premiums due from the employee and the collection of same. (Code 1978, § 4-1099;Ord. No. 5198, 8/11/93-, Ord. No. 5575, 6/12/96)

 

 

4.4-16-100 Leave of absence for religious holidays, education or special work.

The city manner may grant a regular full time employee a leave of absence without pay for a period of one day up to but not to exceed twelve (12) calendar months for reasons of celebrations of religious holidays, education or special work which will pen-nit the city/BLW to profitby the experience gained or the work performed.

No benefits will be provided to any employee while on a leave of absence without pay for these reasons unless discontinuance and reinstatement of any such benefit is impractical due to the short length of the absence in the discretion of the Personnel director.

Performance Evaluations, Performance Awards and Longevity Bonuses. Any leave of absence without pay for four or more work weeks will result in a corresponding adjustment of evaluation date and, if eligible and funded by the city/BLW, the award of any performance raise or bonus or longevity bonus.

The employee is required to keep the personnel department (payroll section) advised of his current address a tall times.

An employee is expected to return to work no later than the fist work day of the week following the end of the requested leave of absence. Failure to do so will constitute abandonment of city/BLW employment. (Code 1978, §

 

4-1 100; Ord. No. 5198, 8/11/93; Ord. No. 5575, 6/12/96)4-4-16-110 Disability.

A.     A department head, with the concurrence of the

 

personnel director, shall have the right to direct any employee within such department to be examined by an individual or entity, including, but not limited to, a physician, psychologist, or any appropriate medical care provider, designated by the city/BLW at city/BLW expense to aid in determining fitness for duty and/or the ability to perform the essential functions of the position with or without a reasonable accommodation and/or whether the employee poses a direct threat to the health or safety of himself or others. Upon the discovery of a disability of any kind which, with or without a reasonable accommodation, precludes the ability to perform the essential functions of the position or results in the employee becoming a direct threat to the health and/or safety of himself or others, the employee will be allowed sick leave, pursuant to city/BLW policy, until able, by certification of the designated individual or entity, to perform the duties of his position, or if sick leave is exhausted, he may apply for a leave of absence without pay as provided under Section 4-4-16-090 of these policies and procedures. If the city/13LW concludes that the employee is not disabled, but cannot meet or satisfy the minimum fitness for duty requirements, it may take any appropriate action including, but not limited to termination of employment as provided under Section 4-4-8-040.

b.     It is the policy of the city/BLW to make all employment decisions without regard to any disability status unless required as a bona fide job qualification. (Code 1978, §4-10-43; Ord. No. 5139,3/10/93; Ord. No. 5362,10/12/94and renumber to § 4-1 101, Ord. No. 5575, 6/12/96)

 

Article 4-4-18 Sexual Harassment or Conduct

4-4-18-010 Policy.

A. Sexual harassment is a form of employee misconduct which undermines the integrity of the work environment. Sexual harassment is also a form of sex discrimination in violation of various federal and state civil rights laws.

B.     It is the policy of the city/BLW to seek prevention of sexual harassment of its employees and applicants for employment. (Code 1978, § 4-11 1; Ord. No. 5575,6/12/96)

4-4-18-020 Rights and responsibilities.

In order to preserve the rights of all employees to work in an environment free from sexual harassment and, also, to protect the legitimate privacy interests of innocent parties, the city/BLW will provide a method for the confidential resolution of sexual harassment complaints. All parties should exhaust the informal remedies described herein before they resort to the formal grievance procedure.

A. Supervisory Responsibilities. Supervisors are responsible for maintaining a positive work environment, setting a good example for others and promptly investigating all complaints of sexual harassment to determine what, if any, remedial action may be warranted. In resolving sexual harassment complaints, supervisors should seek advice and guidance from the personnel director and cooperate fully with his efforts to resolve any complaints referred to the personnel director by other parties. Super-visors should strive first and foremost to prevent any recurrence of prohibited activities or retaliation against victims.

B. Aggrieved Employee/Applicant Responsibilities. I .   An aggrieved party should try to tell the aggressor

directly that his behavior is unwelcome, harmful or offensive to the aggrieved party. Some offenders may be genuinely oblivious to the effect of their words or conduct on other people and would be willing to change if only they knew they were hurting or offending someone. Aggrieved parties

 

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are strongly encouraged to promptly report the incident to the offender's supervisor or department head, or alliteratively to the personnel department, so as to minimize the risk of repeated incidents or retaliation by the aggressor. Although supervisors and managers of the city/BLW are to take appropriate action when they have reason to suspect that harassment has occurred, employees should not assume that the city/BLW is aware of any problem. It is also the employee's responsibility to bring any complaint to the attention of the management of the city/BLW so that the problem may be resolved.

2.     Aggrieved parties should make reasonable, good faith efforts to resolve their complaints before they resort to the formal grievance process.

C.      Personnel Director Responsibilities.

I .    The personnel director has the authority and responsibility to investigate all sexual harassment complaints and should strive to facilitate the resolution of any complaints brought to his attention. Upon request, the personnel director will provide counseling and support to victims, supervisors and other involved parties. The personnel director shall serve as expert advisor to any supervisor who is part of the reviewing procedure in the formal grievance process. In this capacity, the director shall offer his best professional judgment as to whether certain allegations, if true, would constitute sexual harassment.

2.     The personnel director is responsible for providing training to city/BLW supervisors and managers on the subject of sexual harassment. ne training should provide supervisors with current information on applicable laws, rules, regulations and procedures and provide techniques for the careful investigation and mediation of sexual harassment allegations.

D. Supervisory Responsibilities as a Part of the Formal Grievance Procedure: All supervisors/managers involved in the review procedure of a formal grievance of sexual harassment shall use the "prudent person" doctrine in determining the issues and merits of each situation. Absent compelling reasons to the contrary, all supervisors in there view process of a formal grievance of sexual harassment shall give substantial weight to the expert advice of the personnel director regarding the substance of sexual harassment complaints. (Code 1978, § 4-1112; Ord. No. 5575,6/12/96)

 

4-4-18-030 Definitions.

 

A. "Sexual harassment" includes, but is not limited to , unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature where:

 

 

1.     Submission to said conduct is made, either explicitly or implicitly, a term or condition of an individual's employment, or

2.     Submission to or rejection of such conduct by an individual is used as the basis for employment or continued employment; or

3.     Such conduct has the purpose or necessary effect of unreasonably interfering with an individual's work performance or creating a hostile, intimidating or offensive work environment.

4.     Such conduct or behavior was known by the aggressor to be unwelcome, harmful or offensive; or

5.     A person of average sensibilities would clearly have understood that the behavior or conduct was unwelcome, harmful or offensive.

B.     "Work environment' is defined as any place where the business of the city/BLW is conducted in the name of the city/BLW or any department or division thereof.(Code 1978, § 4-1113-. Ord. No. 5575, 6/12/96)

 

4-4-18-040 Resolution procedure.

 

A. Any employee or applicant for employment who, in good faith, believes that he may be a victim of sexual harassment should:

1.immediately ask the alleged offender to stop doing the unwelcome, harmful or offensive conduct; and/or

2.     Promptly contact the offending party's supervisor, department head or the personnel director for support and guidance. Successful resolution efforts will be greatly facilitated by the timely reporting of complaints.

B.     The supervisor of the alleged offender, department head or the personnel director will promptly investigate the complaint and attempt to mediate an appropriate resolution by conferring with all concerned parties.

C.     Should these informal resolution efforts fad to achieve satisfactory results within a reasonable period of time, the aggrieved party may thereafter file a formal grievance as outlined in Article 4-4-20 of the personnel rules and regulations. Time limits for filing a formal grievance of sexual harassment are extended to thirty (30)calendar days from the date of the alleged occurrence.

D. All supervisors in the review process of a formal grievance will promptly investigate the complaint to deter-mine whether the parties have exhausted the informal resolution process as described in this policy. If so, supervisors shall then solicit the expert advice of the personnel director as to whether the allegations, if true, would constitute sexual harassment.

E.     The personnel director will advise all supervisors/managers and grievance committees regarding the substance of the formal charges.

 

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F.    If a complaint is filed against the personnel director, the city manager or his designee shall fulfill the role ascribed to the director of personnel. (Code 1978, § 4-1114,Ord. No. 5575, 6/12/96)

 

4-4-18-050 Remedial action.

A. In determining what remedial action may be appropriate, supervisors should consider the extent to which the offender knew or reasonably should have known that his conduct was unwelcome, harmful or offensive. Any person who:

1.   Commits sexual harassment; or

2.   Shirks his investigatory or supervisory responsibilities; or

3.    Provides false witness against another;

shall be subject to appropriate disciplinary action including, but not limited to, referral to professional counseling at the offending party's expense; oral and written reprimands, performance probation, suspension or termination.

B.    Some coercive behavior, such as threats or promises that employment reprisals or wards will follow the refusal or granting of sexual favors, constitutes gross misconduct and may provide just cause of immediate termination. (Code1978, § 4-1115; Ord. No. 5575, 6/12/96)

 

Article 4-4-20 Disciplinary Action Policy and Procedure

 

4-4-20-010 Goal and purpose.

 

A. The goal of the city/BLW is to provide quality public services to the citizens and customers of thecity/13LW. The establishment and maintenance of a cooperative and goal oriented work atmosphere is a responsibility of all employees and will go a long way toward eliminating serious disciplinary problems. If, however, disciplinary problems do arise, supervisors and department heads should make every effort to ensure that employees have a thorough understanding of city/BLW policies and an awareness of what is expected in job behavior and performance.

B. The purpose of this policy is to provide a means to encourage employees to change their behavior through disciplinary action. The application of these guidelines must be consistent and equitable among all employees and departments so that employees receive like treatment for similar offenses. (Code 1978, § 4-1121; Ord. No. 5575,

 

 

4-4-20-020 Definitions.

A. Adverse Action. An adverse action is an action taken by the appointing authority or his designee that results in monetary loss due to disciplinary suspension without pay, disciplinary demotion or disciplinary dismissal.

B. Conduct Undermining the Operations of the city/BLW. Any conduct or actions on the part of any employee which tends to jeopardize or reduce the efficient operation of the city/BLW in the delivery of services to the public, including the interference with the performance or duties of any other employee, through harassment or other methods, on or off the job.

C. Delinquency. Vandalism; nonpayment of debts owed to the city; or absences or tardiness to work.

D. Disciplinary Demotion. An employee may be demoted from one pay range (grade) to a lower range(grade) for disciplinary reasons. A disciplinary demotion will include a decrease in salary.

E.     Insubordination: The refusal by an employee to perform work assigned or comply with the written or verbal instructions of any supervisor who is entitled to give such direction and have it obeyed.

F.     Negligence. The failure to exercise reasonable and ordinary care under the circumstances.

G. Sexual Harassment. See Article 4-4-18.H. Unauthorized Absence. An absence from work either not authorized by an employee's supervisor or not covered under the paid leave or leave of absence policies, see Article 4-4-16.

1.    Under   the Influence of Alcohol.

Under the influence of alcohol shall mean any measurable amount of alcohol as measured by blood, breath or urine tests while the employee is on duty or subject to be called back to duty in a paid stand-by status, unless such measurement of alcohol is the result of consumption of alcohol or an alcohol related product that is prescribed by a licensed physician. Employees will be subject for testing who have the smell of alcohol on their breath which is capable of being smelled by another, or visible impairment of their normal abilities. Departments may have requirements more restrictive than the above limitations (see Article 4-4-26).

J.     Under the Influence of Illegal Drugs (including the combination of drugs and alcohol). Under the influence of illegal drugs shall mean any measurable amount of illegal drugs as measured by blood or urine tests while the employee is on duty or subject to be called back to duty in a paid stand-by status. Departments may have requirements more restrictive than the above limitations (see Article 4-4-26).

K.     Legal Drug. Includes prescribed drugs and over-the-counter drugs which have been legally obtained

 

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4-4-20-020                                           

 

and are being used solely for the purpose for which they were prescribed or manufactured (see Article 4-4-26).

L.     Illegal Drugs. Any drug:

1.     Which is not legally obtainable in the State of Georgia:

2.     Which may be legally obtainable but has not been legally obtained; or

3.     Which is being used in a manner or for a purpose other than as prescribed (see Article 4-4-26). (Code 1978,§ 4-1122; Ord. No. 5575, 6/12/96)

 

4-4-20-030 Procedure.

A. The procedure listed below is intended to assist supervisors and department heads in determining a proper course of action when discipline is needed. Any employee who violates any of the established personnel policies, a directives or operational, safety or department rules shall be disciplined depending on the severity and/or frequency of the violation.

B.     Severity can generally be interpreted in the following manner:

1.     Minor. Not a threat to the safety or well being of persons (employees, citizens, customers), property or the organization.

2.     Serious. A threat to the safety or wellbeing of persons (employees, citizens, customers), property or the organization.

3.     Major. Matters that cannot be tolerated. (Example-Fighting on the job; sale of illegal drugs, etc.).

C.     The city/BLW will utilize a corrective or progressive system of discipline to encourage employees to change their behavior in matters that can be described a "minor" in severity level. However, matters described as "serious'. or "major" will be handled on a case by case basis.

D.     Supervisory staff have the right and responsibility to correct employee behavior by recommending disciplinary action. The department head and/or their designee, subject to the appeal rights of regular employees, shall have the following alternatives for taking disciplinary action, again depending upon the severity and/or frequency of the incident or like occurrences.

I .    Oral Reprimand. An employee may be called in for private counseling by his supervisor, division manager or department head regarding unacceptable behavioral patterns or work performance standards. The department head or designee should record the giving of such oral reprimand by documenting on a notice of counseling form which shall indicate the date of the counseling session,

subject matter, and remedial action to be taken and time frame, if any. The employee should acknowledge receipt of the notice of counseling form by their signature. Signing

 

of the notice of counseling form does not indicate agreement with the action taken. The notice of counseling is a depart-mental record and does not need to be sent to the personnel department unless it is- to support subsequent disciplinary action(s). Oral reprimands can be neither grieved nor appealed.

2.     Written Reprimand. A written reprimand may be given to an employee by his department head or specified designee when:

a.     An oral reprimand has not resulted in the desired improvement; or

b.     When the initial actions required greater discipline   than an oral warning.

An employee should acknowledge receipt of all written disciplinary actions by their signature. Signing of the disciplinary action form does not indicate agreement with the action taken. A copy of notice of written reprimand shall be filed in the employee's personnel file in the personnel department. All supporting documentation should be attached to the disciplinary action form. Written reprimands can be neither grieved nor appealed. However, the employee has the right to: a) discuss the written reprimand with the department head or specified designee and/or b) submit a written statement, to be attached to the written reprimand and with any copy of such reprimand.

3.     Suspension Without Pay. A department head may suspend an employee without pay for up to fifty-six (56)hours for fire personnel and forty (40) hours for all other personnel. A department head may suspend an employee without pay for periods exceeding fifty-six (56) hours for fire personnel and forty (40) hours for all other personnel up to a maximum of one hundred twelve (I 12) hours for fire personnel and eighty (80) hours for all other personnel after informing the city manager of the proposed disciplinary action. Failure to inform the city manager shall not invalidate such disciplinary action.

4.     Suspension With Pay. During the investigation, hearing, or trial of an employee on a criminal charge or during the course of a civil action involving an employee, when allowing the employee to continue to perform his regular duties would be, in the opinion of the department head and the personnel director, detrimental to the city's legitimate interests, the department head may authorize suspension with pay of the employee for the duration of the proceedings as a non disciplinary action. The department head may also authorize suspension of an employee with pay for non disciplinary reasons pending investigation by the city of a suspected disciplinary infraction.

5.     Demotion. An employee who is unsatisfactory in his present position may be demoted for disciplinary reasons if, in the opinion of his department head or specified designee, he shows reasonable promise of becoming a

 

satisfactory employee in another position. An employee who is demoted for disciplinary reasons shall be relieved of his present duties and responsibilities and assigned new duties and responsibilities which are less difficult and demanding and which will provide the employee a lower salary.

6.     Transfers which involve no reduction in salary or benefits do not constitute a demotion and can neither be grieved nor appealed, even if the transfer involves a change of duties, responsibilities and authority.

7.     Dismissal.a.    A department head may dismiss an employee for cause after informing the city manager of the proposed disciplinary action. Failure to inform the city manager shall not invalidate the dismissal. The personnel director shall serve as expert advisor to the department head regarding all dismissal actions. Prior to a final decision regarding dismissal, a regular status employee (who has successfully completed his work test period) will be given a hearing before the department bead. Written notice of that hearing Will be submitted to the employee by the department head or their designee at least twenty four hours before the time of the hearing. Notice shall be hand delivered to the employee or personally delivered to the employee's home, leaving it with the employee or with a person of suitable age and Discretion residing therein. If the employee cannot, after due diligence, be located, notice shall be sent by certified mail, return receipt requested. The notice will specifically state the alleged grounds for which termination is being considered, including a summary of the incidents)from which the proposed dismissal action arose. The employee will then have an opportunity at the hearing to explain, rebut or otherwise respond to the information upon which the proposed action is being taken.

d.    If discharge action is taken subsequent to the departmental hearing, the employee shall be furnished notice of the discharge in writing stating the reasons and his rights to appeal the dismissal, if applicable. The notice and attachments become a permanent record unless modified by appeal action.

c.     Employees classified as executives who are employed in their executive capacity after February 9, 1994 are at-will employees of the city/BLW. However, any police chief and fire chief are exempted from these provisions and will be hired and may be terminated in compliance with the City Charter Section 4-12-1. Any other such executive may be discharged at any time within the discretion of the city manager, with or without cause. Prior to discharging an executive without cause or for cause deemed by the city manager to be beyond the executive's control as defined below, the city manager shall advise the city council in executive session of this intent; provided, that

his omission to do so shall not affect the effectiveness of the discharge.

d.     Upon his discharge, an executive hired after February 9, 1994, may be eligible for severance benefits as follows: (1) severance pay equal to an amount up to four times his most recent gross weekly salary, the amount of which is dependent upon whether or not such executive finds other employment within four weeks after the effective date of the discharge; and (2) continued participation in

the City/BLW health insurance program at full pre-discharge levels at the expense of the city/BLW for a period up to four weeks from the date of separation, or until covered by another health insurance program, whichever occurs first. To qualify for these severance benefits, an otherwise eligible executive, as defined below, shall, in writing and in a form approved by the city attorney, release the city/BLW and its elected and appointed officials, officers and employees in both their official capacity and personally, from any and all claims relating to his employment or the termination thereof, and shall likewise relinquish his light to a grievance/appeal hearing as provided herein.

e.     Only an executive hired after February 9, 1994,is eligible for the above described severance benefits if and only if he is discharged without cause or for cause deemed by the city manager within his discretion to be beyond the executive's control (for example-reductions in force-, elimination of a department, inability to perform job requirements at acceptable levels despite consistent demonstrable attempts to do so, etc.). Additionally, an eligible executive, upon being notified by the city manager that discharge is imminent, may choose instead to resign his employment voluntarily without loss of eligibility for severance benefits. An executive hired after February 9,1994, who is discharged for cause as set forth in subparagraphs I through 24 of Section 4-4-20-040 of this chapter or other provisions of these rules and regulations or for any cause deemed by the city manager within his discretion to be contrary to the interests of the city/BLW shall not be eligible for severance benefits.

E.     At each level up to discharge action, employees will be warned that failure to correct their behavior, will result in specific, more severe disciplinary action.

F.     Notification of Disciplinary Suspension, Demotion or Dismissal. When an employee is suspended, demoted or dismissed by his department head, the department head shall immediately provide the employee with written notice

of the action taken, the effective date, the reasons for the action and the recourse available to the employee under the provisions of these rules and regulations. A copy of such notice shall be furnished to the personnel director with copies of all supporting documentation.

 

 

(Code 1978, § 4-1123; Ord. No. 5140, 3/10/93, §§ 1, 2-,Ord. No. 5262, 219/94; Ord. No. 5575, 6/12/96)

 

4-4-20-040 Reasons for disciplinary action.

Please note that the following listing is not exhaustive and certain actions or inactions may warrant disciplinary action under a given set of circumstances.

A. Plea or conviction of any felony or any misdemeanor that is related to the duties of the employee or the entry of a plea of nolo contendere to either.

B. Excessive tardiness or absenteeism as defined by the policy herein. Unauthorized absence from work for a period of three consecutive work days or periods greater than thirty-six (36) hours for fire personnel on a twenty-four(24) hour shift shall be considered job abandonment.

C.     Abuse of any leave policy including annual, sick, compensatory. military, holiday or leave of absence without pay.

D. Absent without permission or the failure to work assigned hours, including required overtime or emergency work.

E.     Inefficiency, negligence, or incompetence in the performance of duties.

F.     Careless, negligent or improper use of city/BLW property or equipment and/or other organizations' property or equipment utilized by city/BLW employees in the performance of assigned task.

G. Theft or conversion of city/BLW or employee property. materials, or equipment.

H. Willfully giving false statements to supervisors, department heads or the public including falsification of city/BLW records.

1.    Gross discourtesy to coworkers, supervisors, department heads, or the public up to and including fighting on city/BLW property or work sites.

J.     Harassment or discrimination based upon race, color. creed, age, sex, national origin or ancestry, personal beliefs or handicaps.

K. Possession of, sale of, or being under the influence of alcohol or illegal drugs when reporting for work or the use of such while on duty. Abuse of prescribed medication or the failure to inform appropriate supervisory authority of the use of prescribed medication that might adversely affect the employee's performance of assigned duties.

L.     Unauthorized possession of firearms, explosives or other weapons on city/BLW property or work sites.

M. Performing work of a personal nature on city/BLW time.

N. Gambling during work hours or on city/BLW property.  

0. Unauthorized sleeping on the job, exception: Scheduled rest time for firefighters.

P.     insubordination as evidenced by the refusal to perform work assigned or to comply with the written or verbal instructions of any supervisor who is entitled to give such direction and have it obeyed.

Q.     Instigation of, participation in, or leadership of strike, work stoppage, slow down or artificial restriction of productive work.

R.     Political activity, outside employment, or acceptance of gratuities, ownership interest or personal activity in conflict with the policies and restrictions set forth in other articles of the personnel rules and regulations.

S.     Refusal to submit to any medical or psychological or other examination or drug screening for the purpose of determining fitness to remain on the job.

T.     Failure to report accidents or injuries.

U.     Preventable accidents which result in injury to self, others or damage to city/BLW equipment or property and/or other organizations' property or equipment utilized by city/BLW employees in the performance of assigned tasks.

V. Violation of city/BLW charter requirements, administrative directives, safety, operational or departmental rules and regulations.

W. The loss of job requirements, such as the loss of a necessary license, which prevents the adequate performance of assigned duties.

X. Failure to report deficient, 4iadequate or other wise poor quality of work to the appropriate supervisory personnel.

Y.     Other activities which adversely affect the safety, welfare, efficiency or successful performance of city/BLW services. (Code 1978, § 4-1124-, Ord. No. 5575, 6/12/96)

 

4-4-20-050 Safety and departmental personnel rules.

The city manager, board manager, safety committee and all department heads may publish additional personnel or safety rules and regulations. The personnel director and the city manager shall review proposed personnel or safety rules and regulations. No such rules and regulations will be effective without approval by the city council. Approval by the city council shall carry the irrebuttable presumption that all required procedures have been followed and no rule or regulation shall be defective because the personnel director or the city manager have not reviewed them.

 

(Code 1978, § 4-1125-, Ord. No. 5575, 6/12/96)

 

 

 

4-4-20-060 Appeal rights.

A. Any regular employee, except an employee classified as executive who was hired after February 9, 1994,who has received disciplinary action after successfully completing his initial work test period shall have the right to appeal such action as provided in the applicable provi-sions of the grievance and appeals policy. However, any police chief and fire chief are exempted from these provisions and will be hired and may be terminated in compliance with the City Charter Section 4-12.1.

B.     Temporary, part-time and contractual employees do not have grievance, appeal or hearing rights. (Code 1978,§ 4-1126; Ord. No. 5262,2/9/94; Ord. No. 5575,6/12/96)

 

Article 4-4-22 Grievance and Appeals Policy and Procedure

 

4-4-22-010 Policy.

It is the policy of the city/BLW to resolve grievances informally if at all possible. Supervisors and managers are expected to make every effort to discuss and resolve problems as they arise. However, there may be grievances or appeals of disciplinary actions which can only be re-solved after a formal review. This review process is outlined below. (Code 1978, § 4-1141; Ord. No. 5575, 6/12/96)

 

4-4-22-020 Definitions, coverage and applicability.

A.     Defuiitions.1.    Grievance. A formal grievance is a written com-

 

plaint made by an employee concerning:

a.     Unfair treatment in the application and/or interpretation of the personnel rules and regulations, depart-mental rules, administrative direc6ves; or

b.     An appeal of a disciplinary action which has the effect of adverse action on his employment with the city/BLW; or

e.    To request the opportunity to correct an alleged discriminatory action on the basis of race, color, creed, national origin or ancestry, sex, handicap, religion, age, or political affiliation. (See article 4-4-4, equal opportunity policy).

 

2.      Employee. This term can refer to one individual employee or to a group of employees having the same grievance. As used in this chapter, this term does not include those employees classified as executives who are hired after February 9, 1994, unless otherwise noted. However, any police chief and fire chief are exempted from

these provisions and will be hired and may be terminated in compliance with the City Charter Section 4-12. I.

 

3.    Non-grievable Issues.

 All items listed as powers of city management listed under Article 4-4-2, Section4-4-2-040 of these rules and regulations and oral and written reprimands.

B.   Coverage and Applicability.

   This policy applies to all regular employees who have successfully completed their initial work test period. Temporary, contractual and part-time employees are excluded from this policy and procedure. Temporary and part-time and employees serving an initial working test period may grieve discriminatory matters as provided under Article4-4-4, equal employment opportunity policy of these rules and regulations.

2.     Police and fire personnel serving under civil service rules and regulations may utilize the provisions of this article only if they make an affirmative written waiver of their grievance and/or appeal rights to the civil service board.

3.     If any eligible employee is denied the opportunity to present a complaint, grievance or appeal, as prescribed by this article, or if the employee is threatened or subjected to harassment or duress when presenting the complaint, the employee should notify the aggressor's department head, or in case of the department head as the aggressor, the city manager, and the personnel director in writing who will jointly initiate an investigation of any such complaint.(Code 1978, § 4-1142; Ord. No. 5262, 2/9/94; Ord. No.5575, 6/12/96)

 

4-4-22-030 Formal grievance procedure.

A. Regular Employees and Executives Hired Prior to February 9, 1994.

1 .    If a grievance arises from the action of an official higher than the immediate supervisor, the grievance maybe initiated at Step 2 or 3, as appropriate. At no time will an employee bypass a supervisor and/or department head who was involved in the grieved or appealed action.

2.     The personnel director shall serve as advisor of all parties involved of the correct procedural handling of the particular grievance/appeal including the determination of whether an issue is grievable.

4.      Employees are free to seek legal counsel at their expense at any time. However, they may be represented by counsel at Step 3 only and such representation is limited to opening and closing statements and written documentation supporting their client's case. Otherwise, employees are required to speak for themselves. It is the intent of this provision to encourage discussion between employees and supervisory staff on matters of mutual concern.

 

 

4.     If a grievance/appeal meeting or hearing is held during the normal work hours of any required participant, such participant shall be excused without loss of pay for that purpose. Attendance at grievance/appeal meetings or hearings held outside of normal work hours for any participant shall not be deemed as time worked.

5.     Failure to initiate a grievance/appeal within the time limit " be deemed a waiver of the grievance/appeal. Failure at any step of this procedure to submit a grievance/appeal to the next step within the specified time limit shall be deemed to be acceptance of the decision at that step.

6.     Failure at any step of this procedure to communicate the decision on a grievance/appeal within the specified time limit shall permit the employee to proceed to the next step as set forth in the preceding paragraph.

7.     Failure of the employee to cooperate, participate and meet as needed will result in dismissal of the grievance/appeal.

8.     The time limits of this procedure may he extended by the personnel director due to illness, vacations, business travel or other legitimate masons. If an extension is required, involved parties will be notified.

9.     This procedure is the only formal process to handle employee complaints. At no time shall an employee approach the mayor or any council member or BLW board member to resolve a grievance or appeal.

10. The entire written portion of an employee's grievance/appeal and disposition at any level shall be kept in a separate file in the personnel department, under the jurisdiction of the personnel director, and will not be placed in any other file whatsoever.

I 1. Any employee who resigns from city/BLW shall be deemed to have waived the right to initiate or to process a grievance or appeal.

B.     Executives Hired After February 9, 1994. Executives hired after February 9, 1994, do not have the right to administrative appeal, grievance procedures or hearing rights. A post-employment name clearing hearing for such executives may be conducted at the discretion of the city manager. However, any police chief and fire chief are exempted from these provisions and will be hired and maybe terminated in compliance with the City Charter Section4-12.1.

1 .    Step 1: Division Level.

a.    An employee who feels he has a valid reason for complaint should complete the city/BLW grievance/appeal form and submit the completed and signed form to his direct supervisor and/or division manager with a copy to the personnel director within seven calendar days following the incident that gave rise to the complaint. If the grievance is related to ongoing working conditions such as harassment

 

 

or discrimination, the employee may file a written grievance at any time.

b.     In filing a complaint, the employee should specifically state what action is being grieved or appealed, provide a description of the incident from the employee's perspective including persons involved, dates, time and relevant facts; specific provision(s) of the personnel rules and regulations that the incident pertains to; a statement as to why the employee feels the grievance or appeal is justified; state the remedy sought by defining the action the employee believes should be taken if the grievance or appeal is upheld.

C.     The supervisor and/or division manager shall meet with the employee to discuss the grievance/appeal and communicate a decision in writing to the employee within seven calendar days following receipt of the grievance/appeal. A copy of the division manager's decision shall be sent to the department head and the personnel department.

2.     Step 2: Department Level. If the grievance is not resolved at Step 1, the employee may submit the grievance form to his department head, with a copy to the personnel director within seven calendar days after receipt of the decision at Step 1. The department head shall meet with the employee to discuss the grievance and communicate a decision in writing to the employee within seven calendar days following receipt of the written grievance. A copy of the department head's decision shall be sent to the personnel department.

3.     Step 3: City Manager Level.

a.     This step is the final level of grievance review and/or appeal for all employees who do not report directly to the city manager. If the grievance is not resolved at Step2. within seven calendar days of receipt of the department head's decision, the employee may submit the grievance with all supporting documents including copies of decisions rendered at Steps I and 2 to the city manager.

b.     The city manager will conduct, or designate an impartial individual to conduct either:

(1) a separate investigation of the grievance to discuss the complaint with the grievant, including a meeting accompanied by his representative if the employee desires representation; or

(2) a hearing, if the grievance/appeal concerns an adverse action as defined in Section 4-4-20-020. If necessary, the city manager or his designee will conduct a hearing on the grieved or appealed issue at which all appropriate witnesses and supporting information shall be heard. The hearing shall be recorded. The grievant or appellant may, if he so desires, obtain a copy of the recording at his own expense. The evidentiary portion of this hearing shall be open to the press and public-, however, the deliberation

 

 

 

 

of the findings shall occur in closed session. After the city manager or his designee has heard from all involved parties, he will close the meeting.

After consideration of written materials and testimony given at the hearing, if the city manager has designated a hearing officer, such hearing officer will issue a recommendation to the city manager. The grievant appellant and appropriate department head will receive copies of the hearing officer's recommendation.

The city manager shall communicate a decision in writing to the employee and to the representative, if any, within thirty (30) days following receipt of the written grievance or following the meeting or hearing or following receipt of the recommended decision, whichever is later. Such decision shall be final.

C. Procedure for Appeals From Actions of the City Manager. This procedure is available to those department heads and employees who report directly to the city manager to assure these employees have access to due process. An employee in this category who feels he has a valid reason for complaint from actions of the city manager should complete the city/BLW grievance/appeal form and submit the completed and signed form to the city manager with a copy to the personnel director within seven calendar days following the incident that gave rise to the complaint. If the grievance is related to ongoing working conditions such as harassment or discrimination, the employee may file a written grievance at any time.

In filing a complaint, the employee should specifically state what action is being grieved or appealed; provide a description of the incident from the employee's perspective including persons involved, dates, time and relevant facts; specific provisions of the personnel rules and regulations that the incident pertains to; a statement as to why the employee feels the grievance or appeal is justified; state the remedy sought by defining the action the employee believes should be taken if the grievance or appeal is upheld.

Since the city manager was the individual taking the aggrieved action, the personnel director shall call for the establishment of an ad hoc hearing board to hear the grievance/appeal. The personnel director or his designee shall communicate the hearing board's final decision in writing to the employee and to the city manager within five days following receipt of the hearing board's decision.

D. Grievance/Appeal Board to Hear Complaints From Actions of the City Manager.

The ad hoc grievance/appeal board is established to hear the grievance or appeal of an employee who directly reports to the city manager, the board shall be composed of:

 

 

1.     A part-time municipal court judge as non voting chairperson of the board. The mayor shall select one of the judges from the current personnel roster.

2. The personnel director shall select from the current personnel roster or the pension payroll, two individuals to serve as members of the board as follows:

a.     One appointee to this board shall be a current division manager from a city department other than the department of the grievant.

b.     One (1) appointee to this board may be a current or retired division manager or a retired department head. This appointment should be from a city department other than the department of the grievant and the department of the appointee selected by the personnel director in subparagraph (2)(a) of this section.

3.     The mayor shall select a person who is not a current or retired city/BLW employee and who is a Marietta citizen to serve as the third member of the appeal board.

The chairperson shall determine the procedural rules for the ad hoc grievance/appeal board hearing. The chair-person may also request the city attorney to serve as legal advisor to the grievance/appeal board. The city attorney shall attend the hearing, but shall not be involved in the closed, decision making process of the board or in the deliberations of the board. However, the city attorney shall be available to answer any questions that may arise during the closed session.

All members of this board shall be persons who have no personal relationships with any part to the grievance, that is, not related by blood or marriage, business partners, close personal friends or other relationship or circumstances that would tend to bias the judgment of the board members for or against any party to the grievance or appeal.

There shall be no private, one to one conversations between individual board members and any party to the grievance concerning the merits of the grievance or appeal time during the course of the proceedings.

The grievance/appeal board shall hold a hearing on the grieved or appealed issue at which all appropriate witnesses and supporting information shall be heard as determined by the board. The hearing shall be recorded. The grievant or appellant may, if he so desires, obtain a copy of the recording at his own expense. This recording shall be the only official record of the hewing. The evidentiary portion of the hearing before the board shall be open to the press and public, however, the deliberation of the findings of the board shall occur in closed session. After the board has heard from all involved parties, the chairperson will close the meeting. Only the voting members of the board shall be party to the deliberation of the findings of the board. After consideration of written materials and testimony given at the hearing, the board will issue through the

 

 

4-4-22-030

 

chairperson a decision to the personnel director. The grievant appellant and the city manager will receive copies of the board's decision which shall be final, subject to the right of appeal by either the city or the employee to a court of proper jurisdiction.

 

(Code 1978, § 4-1143; Ord. No. 5120, 1/13/93, § 2; Ord.No. 5262, 2/9/94; Ord. No. 5575, 6/12/96)

 

4.4-22-040 Salary of suspended, demoted, or dismissed employees.

A. Disciplinary action in the form of suspensions and demotions shall become effective upon the employee's receipt of the notice of the department head's decision following the informal hearing as described in Article4-4-20, disciplinary policy and procedure. In the event the employee appeals such disciplinary action and said action is reversed or modified, then the employee shall be allowed back pay and benefits as consistent with the decision.

B .   From the time of the employee's receipt of the notice of dismissal following the departmental hearing until the dismissal becomes effective, such employee shall be considered suspended without pay pending discharge investigation. During such period of suspension without pay , said employee shall continue to be an employee of the city/BLW and allowed all benefits and accruals pertaining thereto, except said employee shall not be allowed to work, appear on city/BLW property or work sites except on official business. or receive any salary or wages. (Code1978, § 4-1144; Ord. No. 5575, 6/12/96)

 

Article 4-4-24 Position Classification System

 

4-4-24-010 Objective.

 

A.    The position classification plan is the foundation upon which are constructed all major phases of a personnel system. Each class specification is based on an analysis of the nature, degree of difficulty, and degree of responsibility involved in the work of each class of positions and provides a statement of the qualifications that are required of an individual for successful performance on the job. The position classification plan, therefore, forms the basis of an objective recruitment program, promotional program, training needs, budgeting, and is the basis of an equitable pay plan.

B.    A benchmark shall be prepared for each job class in the personnel system. Each class of positions shall be evaluated in relation to all other classes in each major occupational group or job category and organized into a

 

classification plan. (Code 1978, § 4-115 1, Ord. No. 5575,6/12/96)

 

4-4-24-020 Definitions.

A. "Benchmarks" are descriptive statements about every job in the organization. The statements describe the most important and critical duties and how the factors and sub-elements are imparted by these dudes.

B. "Factors" are elements which are common to all jobs and are selected for measurement. In this plan, the following five basic factors are used:

I .    Job requirements;

2.     Difficulty of work;3.    Responsibility;

4.     Personal relationships;

5.     Environment and physical demands.

 

Factor    definitions are specifically tailored to each job category and are weighted within each job category in order to capture the most critical element in each job.

C.     "Guide charts" are two- or three-dimensional matrices which indicate quantitative values for qualitative judgments in the evaluation process. Benchmark statements are identified with guide chart definitions to arrive at relative rankings of jobs, factor by factor, and in total. The guide charts are defined and adapted specifically to each job category for accuracy and are weighted differently to reflect the essence of jobs.

D.     The ten-n "job" must be differentiated from the term "position." A job is a position, or a group of positions, where the duties, tasks, and responsibilities are highly similar, or a variety of positions that are similar in duties and requirements for performance, and in which employees move about from one position to another.

E.     "Job analysis" is a method of process of recording facts and data about jobs through observations and systematic study. It includes a written statement of the content of the job and other factors surrounding a job or position. Job analysis is a method and a procedure, not an end product.

F.     A "job category" is a group of jobs that have similar characteristics and Labor markets. This plan groups jobs into the following job categories:

1.     Trades and crafts;

2.     Clerical and technical;

3.     Professional/administrative and technological;4.     Protective services;

5.     Supervisors and managers, and6.     Executives.

H.    "Job classes" (grades): Job classification is arranging similar jobs into classes or grades which are different. AN jobs which are judged to be the same or highly

 

 

similar in level of responsibilities are placed into a single class or grade.

H.     "Job evaluations is a system or process of establishing the relative worth of jobs in comparison to one another. It includes job analysis, the writing of job descriptions, and the use of a method to ascertain the relative values of the jobs under study.

1.     A "job family" is a sequence of jobs all having the same occupational job requirements and functions, but at varying levels of difficulty and complexity. Each level has a higher pay range minimum and is normally designated as entry, journey or senior in grade or level.

J.     The "job title" should be related to the major duties, tasks, and responsibilities in the job. A job title should distinguish between skill levels that exist in the jobs them-selves-, for example, Secretary I,II, and III. The job nomenclature should be standardized and each job should have only one title. The tendency should be to use job titles that have been used in the past and have been accepted. It shall be used on all personnel records and actions.

K.     A "position" is a set of assigned tasks, duties, and responsibilities requiring full- or part-time employment of one person. A position may be occupied or vacant. In contrast, a job may be defined as a position or a group of positions, etc. The term "position" is frequently used to describe a high-level and complex job, especially management and executive jobs that tend to be filled only by one individual.

L.     The "position classification plan" is the official or approved system of grouping positions into classes for the purpose of describing the duties and responsibilities of those positions and their performance requirements and for the purpose of defining guidelines for administration of such a plan.

M. A "questionnaire" for the purpose of this policy is a document so structured that its completion by an employee would convey the same data that could be elicited through oral interview about duties, responsibilities, skills, environment, interpersonal relationships, supervisory controls and other factors. (Code 1978, § 4-1152; Ord. No. 5575,6/12/96)

 

4-4-24-030 Administration.

A.   Responsibility for Administration of Plan. The personnel director shall be responsible for administering the classification plan. A master evaluation committee shall be appointed to oversee, review and make consensus recommendations on all evaluations for new or revised classes of positions or appeals. The director may request other officials and/or employees to assist in this process.

 

 

B. Maintenance of the Plan. As the duties and responsibilities of a position are altered and functions are expanded or curtailed, the position classification plan will be amended to reflect such changes. The review and analysis of the duties and responsibilities may result in one of these actions:

1.     No change is necessary.2.    The position may merit reallocation to a higher or lower level class within the same job category or to another class in a different job category.

3.     The position is properly allocated, but the duties have changed sufficiently to warrant revising the benchmark description and in some cases the descriptions for closely related classes.

4.     The position merits reallocation to a new class which requires the official establishment of the class and the drafting of a benchmark description.

5.     The reallocation of a position in one class may result in the abolition of the class and the subsequent removal of the benchmark description from the master book of descriptions and the elimination of the class title from the schematic list of class titles.

C.     Position Review.1.    Each time a vacancy occurs, the position shall be reviewed by the department head to determine whether the position has changed. If so, then the department head will submit a completed questionnaire including the altered functions to the personnel department for the development of a revised benchmark description.

2.     Annually, evaluations of benchmark descriptions may be reviewed by the personnel department and any recommended changes to the job category fists be a part of the annual pay plan proposal unless changed or modified by the city manager.

3 .    Annually, at the beginning of the fiscal year, any recommended evaluation changes that are approved by the city council shall become effective when approved or as otherwise designated by council.

D.     Position Control. All positions in the city/BLW are established and maintained through a personnel budget each fiscal year in accordance with established budgeting and accounting procedures. The establishment of new or additional positions or upward reclassification of positions will require approval by the city council. (Code 1978, §4-1153, Ord. No. 5575, 6/12/96)

 

4-4-24-040 Interpretation of benchmark descriptions.

The benchmark descriptions are, by nature, descriptive in nature and not restrictive. The use of a particular description as to duties, qualifications or other factors shall not

 

 

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4-4-24-040                                             

 

be held to exclude others of similar kind or quality. They are intended to indicate the kinds of positions which shall be allocated to the classes established.

A. Format. The benchmark has four distinct sections:

1.    An identification information section which gives

the job title and other identifying information. The title should reflect the major tasks performed on the job. In addition, the job location, the number of employees on the job, the FLSA status, the date the benchmark was written, the immediate supervisor's job title, the incumbent's name providing the information, and a place for approving the benchmark.

2.    An introductory statement which gives the reporting relationship and fide of the immediate supervisor, the level within a job family (entry, journey, and senior), and the essence of the job.

3.    A listing of major duties. These are the duties considered to be of paramount importance in establishing level of effort. They are actually performed by one individual for a significant portion of the work period. These duties are the reason for the job's existence.

4.    A descriptive section for each factor which states how that factor is impacted by the duties. It identifies and discusses each factor sub-element in terms of the duties. This means the statements cannot contain information not substantiated by specific duties, nor can they omit discussion of any of the sub-elements. For example, under the factor of job requirements the statement that ability to read and write is essential cannot be made if, in fact, there are no duties stated which require writing skills, even signing one's name. Also, list under this section the minimum qualifications required, i.e., licenses and certifications.

B. Characteristics. The benchmark utilizes words that have specific application and meaning within the city/BLW.

The level of effort. There are four levels of effort that are recognized to cover the majority of jobs within families.

I .   Entry jobs are those that make up the lowest grade in a job family with minimum job requirements and education. Normally, the dudes are those of providing assistance to higher levels within the job family and are at a training level for the journey grade.

2.    Journey jobs are those that contain approximately eighty (80) percent of all the duties within the job family that can be performed. This level calls for job requirements and experience needed to meet the assignment levels.

3.   Senior jobs are those that regularly contain duties recognized as the most difficult and complex within the job family. These jobs are created to do problem solving, with minimal supervision on complicated situations. They normally "lead" lower level employees and provide on-the-job instruction.

 

 

4.     Specialist jobs that go beyond senior in the sense that specialized or unique knowledge and skills are needed to execute the duties listed. There is no "lead" responsibility. This frequently requires added training, usually in a formal sense. (Code 1978, § 4-1154; Ord. No. 5575, 6/12/96)

4-4-24-050 Appeals.

A.     An employee shall have the right to appeal his job category and job evaluation. Any employee who feels that his position was included in an inappropriate job category or who feels that the benchmark describing their position was improperly or inadequately evaluated will submit an appeal to review their benchmark on a form entitled, "request for evaluation review" which should clearly state the reasons for the appeal. A new questionnaire shall be attached to indicate the changes in duties and responsibilities since the original was submitted. The "request for evaluation review" and the questionnaire should be signed by the employee.

B .    The employee should submit the "request for evaluation review" and questionnaire forms to his super-visor/manager. If the employee's supervisor/manager concurs, he shall forward the documentation to their department head. If the department head also concurs with the employee, such documents shall be forwarded to the personnel department signed and approved by the department head.

C.     If there is not agreement at the departments level, the department head shall submit a statement containing the reasons for non agreement which shall be attached to the employee's documentation and forwarded to the personnel department with a copy to the employee.

D.     The personnel director and/or his designee shall review the assignment of the job category and reassess the evaluation. The personnel director shall make a recommendation to the city manager or board manager for final action on the appeal.

E.     At each stage, the employee shall be kept advised of the status of the appeal. The process up to the personnel director level shall be completed within six calendar weeks, but may be extended by the personnel director for reasons of business necessity. At all levels, an attempt should be made to expeditiously resolve the employee's question either through correction in the employee's responsibilities, a correction in the evaluation results, or education of the employee on how the system works and the reasoning behind the decisions reached.

F.     Under no circumstances will any appeal be accepted for review at any level on the basis of pay. This is a management decision based on assessment of the employee's education, experience and performance.

 

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G. The effective date of any action which impacts the employee's pay shall be the date of the final derision. Any additional funding or position upgrade deemed to be necessary as a result of a reclassification appeal is subject to the approval by the city council. (Code 1978, § 4-1155;Ord. No. 5575, 6/12/96)

 

Article 4-4-26 Alcohol and Controlled Substance Policy and Procedural Guide

 

4-4-26-010 Policy.

A.     It is the position of the city/BLW that alcohol and controlled substance abuse is the number one health problem in the United States today. The costs involved with this problem include human costs such as lost jobs, morale problems, injuries, illnesses, deaths, as well as economic costs such as property damage, absenteeism, tardiness, lost productivity, increased health insurance costs, and the costs involved in replacing and retraining new employees.

B.     The use of alcohol or controlled substances by city/BLW employees while on the job constitutes a direct threat to property and the safety of others. The work involved in many positions is inherently dangerous, and the safety of citizens and employees depends upon the ability of fellow employees to think clearly with unimpaired faculties.

B. It is the objective of the city/BLW to provide safe and effective public service. To meet this objective, the problem of alcohol and controlled substance abuse must be identified, confronted and defeated. In order to achieve this, the city/BLW has developed a comprehensive alcohol and controlled substance policy. This policy consists of three interrelated programs:

1. An employee education/supervisor training program;

2. An employee referral system for assessment/ treatment;

3. An alcohol and controlled substance testing program.

 

The responsibility for this policy lies with the city/BLW department heads with the personnel department serving as expert advisor and training coordinator.

C. The city/BLW considers its employees to be its most valuable resource and sincerely wishes to assist its employees with any alcohol or controlled substance related problems they might have. As used in this policy the term" controlled substance" shall have the meaning and include the substances defined as "controlled substances" in the Georgia Controlled Substances Act, O.C.G.A, Section16-13-20, et. seq., and especially O.C.G.A., Section16-12-21(4) as said section and said act shall appear from time to time. (Code 1978, § 4-1161; Ord. No. 5575,6/12/96)

 

4-4-26-020 Prohibited acts.

 

A. The use or possession of alcohol or any controlled substance while on work time or work premises shall be prohibited.

B. The sale, distribution or provision of alcohol or any controlled substance while on work time or work premises shall be prohibited.

C. Reporting to work, or working, while intoxicated or otherwise impaired by alcohol or controlled substance use shall be prohibited.

D.     Alcohol or controlled substance related off duty conduct that tends to undermine the reputation, authority or efficiency of the city/BLW is prohibited.

E.     The use or possession of prescription drugs while on work premises, or while working, shall be prohibited, unless;

I .    The prescribing physician has been notified of the duties involved with the employee's position and has approved the use of the drug while that employee is per-forming those duties. It is the duty of the employee to notify the physician of the specific tasks of the position and the mental and physical demands required in the performance of those duties. Further, the city/BLW reserves the right to clarify those duties and the mental and physical demands required to perform those tasks to the physician; and

2.     The employee's supervisor has been notified in writing by the employee that he is using a prescription drug and that the employee's physician has approved the use of the drug while the employee is at work. Identification of a physician authorized prescription drug to the supervisor

 

is not required.

      It should be noted that certain departments may have more restrictive regulation of prescription or over the counter medication than as provided herein. Employees are to be informed of such departmental policy upon initial orientation.

F.     Any employee convicted of violating a criminal drug statute must inform his department head of such conviction (including pleas of guilty and nolo contendere) within five days of the conviction occurring. Failure to so inform the employer subjects the employee to disciplinary action up to and including termination for the first offense. By law, the city/BLW must notify any federal contracting officer within ten days of receiving such notice from an employee or other receiving notice of such a conviction.(Code 1978, § 4-1162; Ord. No. 5575, 6/12/96)

 

 

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4-4-26-030 Alcohol or controlled substance testing.

 

Individuals shall submit to alcohol and/or controlled substance testing at the following times:

A. Al a time set by the personnel department during the final selection process prior to the actual commencement of employment or promotion or transfer or voluntary demotion for designated safety sensitive positions with the city/BLW or any other position with the city/BLW not prohibited by law.

B .    As a part of any required physical examination.

C. When, in the opinion of any supervisor or management employee there is a reasonable suspicion that an employee of the city/BLW has violated any provision of the alcohol and controlled substance policy dealing with the use of alcohol or any controlled substance.

D. When involved in an accident which results in property damage or personal injury involving city/BLW, equipment or while on duty, on standby duty or in the process of reporting to or leaving work.               

E.     As a part of the random testing program as required by the Federal Highway Administration (FHWA), 49 CFR, Part 382, for city/BLW employees who are required to maintain a commercial driver's license.

F. If the employee is returned to regular duty after violation of the alcohol and controlled substance policy and follow up testing for employees after such violation, employees will be, at a minimum, subject to eighteen (18) unannounced tests over a thirty-six (36) month period. The time period and tests may be extended at the discretion of the Personnel director. (Code 1978, § 4-1163; Ord. No.5575, 6112/96)

 

4-4-26-040 Procedural guide for violations.

 

If in the opinion of the supervisor, a reasonable suspicion

exists that the employee is reporting to work, or is working,

while under the influence of alcohol or controlled substances or while impaired from the use of same, the procedures outlined below shall be followed. Please note that for the purposes of this policy the term reasonable suspicion shall be based on objective indications of substance abuse.

A. Procedures for Impairment Violations.

I .    The supervisor shall arrange, if possible, for at least one other supervisor to observe the conduct of the employee. The observing supervisor shall make a written report of the incident, including the "supervisor's observation checklists" form which includes a description of the conduct of the employee upon which such reasonable suspicion is based.

 

 

 

4.   If the employee fails to explain his condition to the satisfaction of the employee's supervisor, an alcohol and/or controlled substance screening test shall be administered to the suspected employee. The employee will be driven by the supervisor or other designated official to the city designated testing facility. Refusal to submit to such tests shall constitute insubordination and shall be a sufficient ground for termination. The employee will be suspended with pay pending the results of the alcohol and/or controlled substance screening test. Test for alcohol impairment may be administered by the use Of the device known as Itox 5000 or any other similar device approved for use by the director of the state crime lab.

5.      The supervisor should make the necessary arrangements to have the employee taken home. If the employee refuses any assistance, at least two supervisory personnel can verify that the employee refused such assistance. However, if an employee cannot control his actions and refuses assistance, then the police department shall be called to warn them of the employee's condition and refusal of assistance before the employee is allowed to leave the work site. The police department shall be given the employee's name and description of the employee's car. The reason for this action is for the safety of the employee and the general public. The city/BLW has a duty to take such action as a reasonably prudent employer to prevent the employee from causing an unreasonable risk of harm to himself and others.

4.     If the confirmed results of such tests indicate the presence of alcohol or any illegal controlled substance in the system of the employee, it will be presumed that the employee is impaired. The presumption of impairment will result in the suspension with pay pending discharge investigation of the employee pursuant to procedures set forth in Article 4-4-20 of these rules and regulations.

5.     During the period the employee is suspended with pay, an investigation shall take place. This investigation will be completed within three eight hour work days(Saturday, Sunday and holidays excluded) unless extended by the personnel director. During this investigation, the employee May through his own effort attempt to rebut the presumption of impairment.   For example, the employee may submit to a blood test within three hours of the city/BLW administered test for the presence of alcohol or controlled substances. If such blood test produces a negative result, the presumption of impairment may be considered rebutted, depending upon such factors as the timing of the blood test and other circumstances surrounding the impairment.

6.    If after the investigation is completed, and if it has been determined that a violation of the alcohol and controlled substance policy has occurred, it shall be within the discretion of the supervisory personnel to:

a.     Discipline up to and including termination of the employee following the procedural guidelines set forth in Article 4-4-20 of these rules and regulations-, or

b.     Coordinate with the personnel department to refer the employee for a rehabilitation assessment, at the city's expense to determine if there is a significant chance that the employee can be rehabilitated. This option is only available if the employee has not committed an act or omission which presented an immediate danger to the public, himself or other employees or if he has not committed any felony or a misdemeanor related to his job or acts or omissions which could reasonably impact his ability to do his job effectively. The employee permitted to utilize this option will be required to sign an agreement accepting the conditions of the rehabilitation program in order to maintain an employment relationship with the city. Any conditions of the rehabilitation program must have been previously approved by the Personnel director and the employee's department head. If such conditions are unacceptable to the employee, the provisions of paragraph (6)(a)shall apply. This referral would be the employee's "last chance." After successful completion of an alcohol and/or controlled substance program, at the employee's expense, the employee may return to work subject to random alcohol and controlled substance screening tests for a minimum period of thirty-six (36) months. If at any time during this "last chance" testing period, a screening test indicates the presence of alcohol or any controlled substance in the employee's system, the employee shall be immediately terminated. Any subsequent relapse after thirty-six (36)months will be handled as in subsection f.1 above.

B.     Procedures for the Sale, Distribution or Provision of Alcohol/controlled Substances While at Work Violations. Violations of Section 4-4-26-020(b) will ordinarily result in termination consistent with the procedural guidelines set forth in Article 4-4-20 of these rules and regulations.(Code 1978, § 4-1164-, Ord. No. 5575, 6/12/96)

 

4-4-26-050 Confidentiality.

At all times during an investigation of violations of the alcohol and controlled substances policy, reasonable steps will be taken to maintain the confidentiality of the case.(Code 1978, § 4-1165-, Ord. No. 5575, 6/12/96)

4-4-26-060 Awareness program.

The basic idea behind this program is that employee alcohol/controlled substance abuse can be prevented by supplying employees with information about the problems alcohol/controlled substances can create. The awareness program is divided into two sections, an employee education section to include all city employees and a supervisory training section.

A. Employee Education, Generally. The personnel department with assistance from the Marietta police and fire departments will provide educational seminars at least once annually. These seminars may include questionnaires at both the start and completion of the program (to chart any belief/knowledge changes); audiovisual programs; group discussions; a presentation of what a treatment program is, what it does, and how to take advantage of one; insurance coverage for treatment (if any); and a description and discussion of the city/BLW's alcohol and controlled sub-stances policy.

B.     Employee Education for Holders of Commercial Drivers' Licenses. All new hires required to possess and maintain a commercial driver's license (CDL), and current employees transferring to positions requiring them to obtain a CDL, will be given a handbook entitled, "Drug Abuse and Alcohol Misuse Training Guide for CDL Drivers", which will include:

I .    The identity of the person designated to answer questions about the materials.

2.     The categories of drivers who are subject to the provisions of 49 CFR, Part 382.

3.     Sufficient information about safety sensitive functions performed by those drivers to make what period of the work day the driver is required to be in compliance.

4.     Specific information concerning driver conduct that is prohibited.

5.     The circumstances under which a driver will be tested for alcohol and/or controlled substances.

6.     The procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity of the testing process, safeguard the validity of the test results and ensure that those results are attributed to the correct driver.

7.     The requirement that a driver submit to alcohol and controlled substances tests.

8.     An explanation of what constitutes a refusal to submit to an alcohol or controlled substances test.

9.     The consequence for drivers found to have an alcohol concentration of .02 or greater, but less than .04.

10. Information concerning the effect of alcohol and controlled substances use on an individual's health, work and personal life; signs and symptoms of an alcohol or a controlled substances problem; and available methods of intervening when an alcohol or controlled substances problem is suspected, including confrontation, referral programs and/or referral to management for disciplinary action.

 

 

 

C. Supervisory training. The personnel department with assistance from the Marietta police and fire departments will provide training to supervisors on the important role supervisors have in preventing alcohol/controlled substance abuse. The program may include instruction in identifying warning signs of alcohol/ controlled substance abuse by employees; role playing scenarios of what to do if an employee is suspected; group discussions, and a thorough presentation of the alcohol and controlled sub-stances policy. Supervisory personnel designated to deter-mine whether an employee should be required to submit to a controlled substance or alcohol reasonable suspicion test, shall receive an initial sixty (60) minutes of training on controlled substance use, and sixty (60) minutes of training on alcohol use, which will include the physical, behavioral, speech and performance indicators of probable use of controlled substances and alcohol. (Code 1978, §4-1166-, Ord. No. 5575, 6/12/96)

 

 

4-4-26-070 Referral for rehabilitation.

 

A. The alcohol and controlled substance policy allows a supervisor to refer an employee for assessment and rehabilitation as an option other than termination for a violation of this policy,

B.     All referrals will be coordinated through the city/BLW personnel department Factors to take into account when this decision is made include:

1.   The employee's length of service;

2.     The employee's position and performance in that

position prior to and during impairment,

3.     The severity of the policy violation;

4.     The publicity concerning the violation including the loss of credibility or believability of an employee who exercises discretionary judgment in the duties of his position.

5 .    Whether the violation involved substance dependence or an incidents) motivated by reasons other than substance dependence (for example, the sale of drugs to other employees).

C.     After a decision to refer the employee for rehabilitation has been made, the employee will be counseled by the department head and a representative of the personnel department. At this counseling session, the policy shall be reviewed with the employee, the employee shall sign the "employee consent and referral" form. It must be made clear to the employee at this time that the referral is his last chance, and that he must make the firm choice between rehabilitation or termination.

D. If an employee must take time off to take part in a rehabilitation program, the absence will be treated as sick leave.

 

 

E. Upon returning to work, the employee will be subject to unannounced alcohol/controlled substance screening tests for a minimum period of thirty-six (36) months, with an emphasis on post-weekend (Mondays) testing or after vacations. However, a fixed schedule will not be established. Unless circumstances clearly re-quire more frequent testing, there shall be no more than one screening test per month. (Code 1978, § 4-1167; Ord. No. 5575, 6/12/96)

 

4-4-26-080 Screening test program.

 

A.    Testing Quality and Techniques to be Utilized.1.    The city/BLW will establish a professional relationship with a professional laboratory which shall comply with all current National Institute of Drug Abuse standards. An assessment of the laboratory will be performed which will include a review of how samples are actually tested; all procedures involved (chain of custody of sample, notation of time and place sample was taken, the amount of turn around time that will elapse before a result is reached, etc.); qualifications of the Laboratory personnel; and a check of internal quality control records of the laboratory.

2.   All samples will be collected at the laboratory, hospital or other city designated testing facility including but not limited to any law enforcement agency that has an Intox 5000 or similar device. The samples will be carefully checked and marked with the name of the employee, the date and time the sample was collected, and the location where the sample was collected. A chain of custody/control will be established so that samples are properly handled before testing occurs. Every effort must be made to assure dim the sample being tested is the sample actually collected from the employee/applicant in question.

3.   When testing for alcohol, a breathalyzer, such as the lntox 5000 or other similar device. Any measurable amount of alcohol found will be sufficient for a presumption of impairment, unless such measurement is the result of consumption of alcohol or an alcohol related product that is prescribed by a licensed physician. Some departments may require more restrictive standards than described here in. The employee has the right to request a blood test if he so desires. This test will be at the employee's expense.

4.    The city/BLW will use urine samples for controlled substance testing even though the presence of foreign metabolites in urine does not necessarily indicate impairment, but rather recent exposure to the substance. However, alternatives such as blood tests and hair analysis may be interpreted as more intrusive, but may be used if necessary.

5.    The city/BLW will utilize the testing standards of the department of transportation regulations as provided in 49 CFR Part 40, as amended and as may be hereafter amended. The following is a brief outline of the methods

 

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to be used. The city/BLW will utilize the technique known as immunoassay technique of chemical testing. The immunoassay technique has a high degree of reliability under “optimal" conditions. However, all positive immunoassay tests on current employees shall be confirmed by another more elaborate and thorough test method. Confirmatory methods include any one of the following techniques: thin layer chromatography, gas chromatography and gas chromatography/mass spectrometry. All positive immunoassay tests on samples from applicants will be confirmed with a repeat administration of the immunoassay technique on the sample.

B.      Testing Procedure. The alcohol and controlled substance policy provides for testing in six different situations: the pre-employment screen; the screen as part of any required annual physical examination-, the "reasonable suspicion" screen; post accident screen-, random test program for CDL drivers-, and random test program after return to work after an alcohol and/or controlled substance policy violation.

I .     Post Employment Offer.

a.      After an employment offer has been made to a prospective employee, but before employment has begun, any individual offered a safety sensitive position or any other position with the city/BLW not prohibited by law, will be sent to the personnel department and scheduled for a post employment offer alcohol and controlled sub-stance test. The applicant when sent to the testing facility will be asked to sign a consent and notice form. Job candidates applicants, including current employees, are required to provide truthful statements to the questions asked. Any false statements provided will result in recession of the employment offer and in the case of current employees, could result in disciplinary action up to and including termination of employment.

b.    Should the applicant refuse to sign the consent form, the application process will continue. On the application it will be noted only that the applicant "refused screen". It will not mention suspected alcohol or drug use by the applicant. The applicant has a right to refuse to consent to the test, but the city/BLW has a parallel right to refuse to hire/promote/transfer/voluntarily demote the applicant. However, should an inquiry as to that specific application be made by the applicant or a third party at a later date, the city will protect the confidentiality of the application process. For instance, if another employer contacts the city/BLW in the context of a reference check, the only information that will be supplied is that the applicant did apply and that the applicant "failed to meet the qualifications necessary for employment". It will never be revealed that the applicant refused to consent to an alcohol/controlled substances screen unless required to defend, answer and/or litigate a suit or through some other legal action.

C.     If the applicant being considered for the position has consented to the test and the test results are negative, the applicant will continue with the hiring process. However, should the test results come back positive, the test must be confirmed utilizing the same sample originally provided.

d.     All tests results are confidential. If a pre-employment test is confirmed a positive result, all inquiries as to why the applicant was not hired will be answered by stating "the applicant failed to meet the qualifications necessary for the position". All applicants with a confirmed positive result may reapply at a later date at which time he/she will submit to another alcohol/controlled substance screening test.

2.     Medical Examination Screen.

a.     Al the time the employee is to undergo a required medical examination, the alcohol and controlled substance policy should be explained to the employee and he/she will sign the "employee consent and notice" form at the testing facility. Alcohol testing may be performed by the use of the standard breathalyzer, Intox 5000 or any similar device approved by the State Crime Lab Director at a city designated testing facility including, but not limited to, any law enforcement agency that has such equipment.

b.     Should the employee refuse to sign the consent form, the medical examination will proceed. After the examination has been completed, the employee will be suspended with pay, following the procedure set forth in Article 4-4-20 of these rules and regulations. During the period of the employee's suspension, an investigation into the matter will be made, and the employee will be given another opportunity to submit to the alcohol/controlled substance screening test. This investigation will be completed within three eight hour workdays. If the employee continues to refuse to submit to the test, he may be terminated for "insubordination", pursuant to the procedure set forth in Article 4-4-20 of these rules and regulations. The stated reason for terminating an employee will never be "refusal to submit to urinalysis", but rather "insubordination" or "failure to follow the legitimate instructions of supervisors", or other reason listed in Article 4-4-20.

c.     If the employee consents to the test and the test results are negative, the employee can return to work if he has passed the Test of the medical examination. However, should the test results indicate the presence of alcohol or controlled substances, that test result must and will be confirmed by one of the more specific confirmatory tests cited above utilizing the same sample originally provided. If the confirmatory test also indicates the presence of alcohol/controlled substances, the employee will be assumed to be impaired, and may be suspended with pay pending

 

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investigation for discharge, in accordance with the alcohol and controlled substance policy and Article 4-4-20 of this chapter.

d.     During the period of suspension, an intensive investigation into the employee's employment back ground and the circumstances behind the alleged policy violation will take place. After the investigation is completed, and there is sufficient cause to believe that a policy violation has occurred, the employee will be either:

(1)  Disciplined up to and including termination; or

(2) Referred for assessment/treatment by his department head.

e.    If after the investigation has been completed it is determined that a policy violation has not occurred (for example, if the employee successfully rebuts the assumption of impairment by submitting to a blood test within three hours after the original test, and the results of which are negative). the employee will be reinstated to his former position.

3   "Reasonable Suspicion" screen:

 

a.     The screen upon reasonable suspicion involves a great deal of discretion on the part of supervisory personnel. The supervisor training program will provide precise guidelines as to what is involved with identifying a potential alcohol or controlled substance abuser. The task of identifying potential abusers does not include diagnosing a worker. The fact that a problem exists is all that is to be discussed when dealing with an employee; that is, demonstrated. employee behavior. It is not the position of the supervisor to act in the role of a diagnostician. When it is suspected that an employee has violated the alcohol and controlled substance policy, the employee will only be told that job related problems have developed and that it is suspected that these job related problems are the result of alcohol and/or controlled substance abuse. The underlying cause of such abuse should not be a concern of the supervisor.

b.     The phrase "reasonable suspicion" means that a screening test should be administered if it is reasonable to suspect that an employee has violated Ns policy.

C.     A "suspicion" must be based upon objective indications of substance abuse or other policy violations. Therefore, forms have been developed to provide guidance to supervisors in assessing whether a “reasonable suspicion" exists as well as providing documentation of the basis of a decision to require an alcohol or controlled substances test. Thorough documentation of all steps of an investigation for a possible test violation of this policy is a must including the date and time of any discussion with the employee. For further information, see Section 4-4-26-040 above, procedural guide for violations.

6.   Post Accident Screen. After an on the job accident involving injury to the employee or others or property damage, the department head, with approval of the personnel director, may require testing for alcohol and/or controlled substances.

5. Random Testing for CDL Drivers. As required by the Federal Highway Administration, 49 CFR, part 382)employees holding commercial drivers' licenses and who perform safety sensitive functions, are subject to random alcohol and controlled substance testing at an annual percentage for the calendar year as prescribed by the Federal Highway  Administration for all CDL holders. The tests will be unannounced and will be reasonably spaced through-out the year. Drivers chosen for a random test must proceed immediately to the designated test site.

6. Return to Duty after Policy Violation. If an employee has been relieved of duty for a prohibited use of alcohol or controlled substances, that employee shall undergo an alcohol and controlled substance test before returning to work, if permitted to do so. The results of such test must be negative. If an employee is returned to duty, the employee is required to comply with the conditions of a rehabilitation program, such employee shall be subject up to nine unannounced tests in the first twelve (12) months after their return and up to eighteen (18) unannounced tests in the thirty-six (36) months following return to duty. (Code1978, § 4-1168; Ord. No. 5575, 6/12/96)

.090 Disciplinary actions.                      do

e suspension or termination of an employee will never be justified on the basis that the employee is an alcoholic or substance abuser. Instead, discipline will center around the employee's failure to meet objective, job-related criteria. "Substandard performance," "insubordination, ",'violation of policy," or "failure to follow orders," "under the influence of alcohol while on duty" are examples of proper reasons for discipline.

B .    Discriminatory enforcement will not be tolerated and any supervisor exhibiting such behavior will be disciplined accordingly.

C.     The employee cannot be terminated unless the procedures set forth in Article 4-4-20 are followed.

D.     After disciplinary proceedings have taken place, inquiries as to the reason for termination/suspension will be answered by the statement of the actual rule violations only. (Code 1978, § 4-1169; Ord. No. 5575, 6/12/96)

 

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Article 4-4-28 Compensation Policy and Procedure

 

4-4-28-010 Policy.

It is the policy of the city/BLW to establish and maintain a fair and equitable pay plan for all employees covered by these rules and regulations. The pay plan shall be directly related to the position classification plan which utilizes the factor ranking-benchmark-guide chart evaluation method and shall provide the basis of compensation for employees in the city/BLW's service. The pay plan shall consist of tables of pay rates for each job category including for each table an allocation of salary grades for each class title in the job category, consisting of a minimum and maximum rate. (Code 1978, § 4-1181; Ord. No. 5575, 6/12/96)

 

4-4-28-020 Development and amendments to the pay plan.

A. The pay plan will be developed with consideration to the criteria that are outlined below. Such criteria may include, but are not limited to:

I .    Relative difficulty and responsibility existing between the various classes of work in each job category as determined by a formal evaluation study.

2.     Prevailing rates of pay for similar types of work in public employment in the labor market of each job category.

3.     Availability to candidates for recruitment to the various classes of work.

4.     Economic conditions of the labor market in each job category.

7. Financial condition of the city/BLW.

B. Amendments. The personnel director is to evaluate the pay plan each fiscal year and recommend to the city manager any necessary revisions. The director's recommendations will be based on the results of the review of the benchmark descriptions by the personnel department staff, the department heads and, if necessary, the master evaluation committee. Upon approval by the city council, the pay plan will be adopted for use. (Code 1978, § 4-1182;Ord. No. 5575, 6/12/96)

 

4-4-28-030 Pay administration.

A. It is the policy of the city/BLW that all city employees be paid a fair and competitive salary based on survey and analysis of labor market pay rates for comparable jobs subject to the approval of council. The survey and analysis will be conducted by or through the personnel department and result in recommendations to the city manager on economic adjustments of current pay schedules as supported by the pay data collected and analyzed.

B.     Formal pay schedules will be developed from the evaluation study and the survey analysis and proposed to council. Proposed pay schedules may be accepted, modified, or rejected by council. Council approved schedules shall be available to all employees and shall be used by management in setting individual employee pay under the following guidelines:

1 .    New Employee Rates.

a.     The minimum rate established for a classification is the normal hiring rate for a new employee. An appointment may be made at the market rate when an applicant's qualifications are substantially above those required or when there are no qualified candidates available at the minimum rate or other conditions when it is deemed necessary and in the best interests of the city/13LW. Appointments up to the market rate may be made on the recommendation of the department head and approval of the personnel director.

b.     An appointment below the minimum rate may be made when extensive recruitment efforts have not been productive. A temporary classification of "trainee" will be created for the position and an employee may be hired at a rate of five percent below the minimum. Such an appointment should be considered only when the new employee can reasonably expect to be trained on the job to meet the class qualifications, training or certification required within one year of the date of appointment. At such time as the employee meets the qualifications he will be raised to the established minimum rate for the class.

c.     Upon successful completion of the designated working test period, the employee shall receive an increase to the market rate of the position which applies to their job category.

5.      Current Employees .

a.     All employees whose jobs have been described and evaluated using the factor ranking benchmark-guide chart evaluation system shall be assigned a job category and grade level which is designated on a specific pay schedule developed through labor market survey and analysis.

b.     If funded and approved by council action, salary schedules may receive an economic adjustment based on labor market survey and analysis of comparable jobs. Employees shall receive pay adjustments in their pay based upon adjustments made, if any, to their specific position in the adjusted pay schedules.

3.     Annual Labor Market Survey. Annually, data will be collected by the personnel department for the defined labor market of each job category. Designated benchmarks will be surveyed annually in addition to any specific jobs

 

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which have become a problem in recruitment and/or turn-over. (Code 1978, § 4-1183-, Ord. No. 5575, 6/12/96)

 

4-4-28-040 Promotions.

An employee who is promoted to a position with a higher salary grade shall receive a minimum of five percent up to a maximum of twelve (12) percent above his previous rate or to the minimum of the grade whichever is greater. The amount of the percentage above five percent shall be based upon the recommendation of the head of the department from which the employee was promoted with the approval of the personnel director. Any amount above five percent will only be available to those employees who are at or within six months of an anticipated evaluation date, at which time they are eligible for a performance award from their previous position. If, however, the employee's evaluation date for an increase is greater than six months away, the employee will only be eligible for the five percent promotional increase. A department head may, with the approval of the personnel director, award an increase to the city approved market rate of the new position if the promoted employee has extraordinary ability or for such other special circumstance in the best interests of the city. An employee promoted to a supervisory position shall receive an increase which will provide a base salary at least five percent greater than the base salaries of the employees supervised. Promoted employees shall serve a working test period the duration of which is determined by the position occupied. The working test period in the promoted position may be extended, with the approval of the personnel director, a maximum of an additional three month period. Upon successful completion of the promotion-al working test period, the employee will be granted regular status in the new position. There is no increase at the end of the promotional working test period. (Code 1978, §4-1184, Ord. No. 4929, 8/14/91, §§ 1, 2; Ord. No. 5575,6/12/96)

 

4.4-28-050 Demotions.

When an employee is demoted, either voluntarily or involuntarily, he shall be paid at a rate which is within the approved range for the lower level position. The rate of pay will be at least five percent lower than his previous rate. (Code 1978, § 4-1185, Ord. No. 5575, 6/12/96)

 

4-4-28-060 Transfers.

An employee who is transferred to a different position or class within the same job category and same salary grade as his current position shall continue at his current pay rate or the maximum rate for the new class, whichever is lower. (Code 1978, § 4-1186, Ord. No. 5575, 6/12/96)

4-4-28-070 Reclassifications.

When an employee's position is reclassified to a lower grade and his salary is above the maximum of the lower grade, the employee shall be permitted to continue at the rate of pay at the time of reclassification during the period of his incumbency, but shall not be entitled to any base salary increase until the schedule is adjusted to include his salary. When an employee's position is approved by council to be reclassified to a higher grade, the incumbent will receive up to a five percent increase above his previous rate or to the minimum of the grade, whichever is greater. Note: This section is only effective for any reclassifications occurring on or after January 1, 1991. (Code 1978, §4-1187; Ord. No. 5575, 6/12/96)

4-4-28-080 Temporary employment.

Temporary employees on city/BLW payroll shall be paid for actual hours worked at a rate not higher than the market rate for full-time employees in comparable classifications. (Code 1978, § 4-1188; Ord. No. 5575, 6/12/96)

4-4-28-090 Overtime.

A. The city/BLW will comply with the requirements as outlined in the Fair Labor Standards Act, as amended.

B. The city will utilize a partial exemption from the overtime pay requirements of Section 7(k) of the FLSA for fire protection and law enforcement personnel as defined in the FLSA, as amended. Firefighters have a work cycle of twenty-one (21) days. Police officers have a work cycle of seven days.

C.     In the event any firefighter remains on duty after the expiration of his regularly scheduled shift due to a bonafide emergency situation, as determined by the fire chief, such firefighter shall be compensated at the overtime rate, regardless of whether such additional work places the employee in an overtime situation based on the defined work period as described above.

D. The list of exempt positions will be a part of the pay plan established for each budget year.

In accordance with the Fair Labor Standards Act, as amended, employees who are classified as exempt are paid a fixed salary for each payroll period. Therefore, exempt employees who have absences of less than one (1) day, after authorized leave balances have been exhausted, will not have their salary reduced for such absence. This provision is effective retroactive to April 15,1986. The comple

 

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tion of time cards provides documentation and justification of salary expense of public employees as well as the use of authorized leave programs. Therefore, the completion of time cards to note the use of the city/BLW authorized leave programs, or other indicators of the use of public employees' time does not controvert an employee's exempt or salaried status.

E.     Department heads may require employees to receive compensatory time, instead of overtime pay, at a rate of one and one-half (I 1/2) times the number of hours worked in excess of forty (40) hours for general employees, fifty-six(56) hours for firefighters and forty-three (43) hours for police officers. Firefighters will receive overtime pay for the hours worked in excess of one hundred fifty-nine (I 59),but less than one hundred sixty-nine (169) hours in a three week work cycle.

F.     General employees eligible for overtime compensation may accumulate a maximum of two hundred forty(240) compensatory hours. Police and fire fighting personnel may accumulate a maximum of four hundred eighty (480)compensatory hours. Employees who are eligible for overtime compensation who have attained the maximum compensatory time accumulations shall be paid overtime pay for all hours worked in excess of their standard workweek.

G.     All employees who are eligible for overtime compensation shall be paid all accumulated balances of compensatory time upon termination of employment.

H.   Exempt personnel including, department heads, administrative and managerial employees who are authorized in writing to work more hours than the standard work period established for their position may accumulate compensatory time at the rate of one times the number of hours worked in excess of their standard workweek. There will be a maximum accumulation of one hundred twenty (120) hours at any time during a calendar year. All compensatory time earned must be either utilized by the last pay period of each year or forfeited, except for compensatory time accrued during the month of December which must be utilized by March 31st of the following year or forfeited. The last pay period of the year is determined on a year-to-year basis, and will be sent to all departments by the personnel department. Any compensatory time balances attributed to exempt personnel as of September 29, 1990, may be retained. If an exempt employee terminates their service with the city, any remaining balance of compensatory time earned prior to September 30, 1990, and certified as correct by the employee's supervisor and the personnel director shall be paid upon termination. No compensatory time earned on or after September 30, 1990, will be paid to exempt personnel at any time including, but not limited to termination of employment or upon forfeiture. The completion of time cards to include  compensatory time accruals and usage provides documentation and justification of salary expense of public employees. Therefore, the completion of timecards to note the use of the city/BLW authorized leave programs including compensatory time, or other indicators of the use of public employees' time does not controvert an employee's exempt or salaried status. (Code 1978, §4-1189; Ord. No. 4952, 9/11/91, § 1; Ord. No. 5575,6/12/96)

 

4-4-28-100 Call-out pay.

 

A.     Emergency Call-Out Pay.1.    If an employee, who is eligible for overtime, is officially ordered to and does report for duty of an un-scheduled nature, he shall be compensated for a minimum of two and one-half (21/2) hours at one and one-half (11/2)times the regular rate of pay. Half (1/2) an hour of the two and one-half (2'h) hour minimum call-back compensation is for travel time for an employee who is called back on the job and who does not have a city vehicle at his home in which to respond to the call. In the event that the employee does have a city vehicle at his home in which to respond to the call, then such employee shall only be entitled to a minimum of two hours' call-back compensation at one and one-half (IIA) times the regular rate of pay.

6.    For the purpose of this policy, an employee shall be credited with hours worked from the time the employee is notified by the dispatcher until the work is completed and the employee is no longer restricted from using their time for their own pursuits. It is required that the employee report promptly to the required job site. The employee's regularly defined workday, as established by individual       departments, shall be used to define a twenty-four (24)hour work period in determining call-back pay. Before returning home from an emergency call-out, the employee is required to check with the dispatcher for other calls and if none, notify the dispatcher that he is going off duty or other appropriate status.

B. Non-emergency Call-out Pay. If an employee, who is eligible for overtime, is required to and does report back to work at a pre-designated time, he will receive a minimum of one hour credited to their work period. (Code 1978,f       § 4-1190; Ord. No. 5575, 6/12/96)

 

 

4-4-28-110 Performance increase.

 

A. Evaluation Dates.

I. Working Test Employee

         a.    All employees serving a working test will be evaluated at least once during their work test period to determine if work performance is competent enough to warrant retention of the employee on a regular, tenured

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basis. If the employee has not been formally evaluated by the end of their working test period, the employee shall notify the personnel director in writing. If the department head determines that a working test employee is competent in all functions of the position, the employee will be placed on regular employment status. Any person who receives a promotion, transfer or reinstatement will serve a work test period during which time if work performance is found to be insufficient to fulfill the responsibilities of the position, the employee may be returned to the former position or to a similar position if such exists, without cause, and without any grievance, appeal or hearing rights.

b.     The working test period of employees who are hired as "trainees" may be extended until removed from trainee status or a maximum of one year, whichever occurs first.

2.     Regular Employees. AU regular employees shall be evaluated at least once annually in the month immediately previous to the merit award date designated by the city council. AU employees who have served at least six months after the successful completion of their initial work test period are to be evaluated and may be eligible for a performance award if it is funded by the city council. If a merit award is not funded by council, evaluations of employees will occur during the month of July based on employee performance during the previous fiscal year.

B.   Performance Evaluation Personnel Actions.

1.     Regular employees who have served at least six months beyond the successful completion of their initial work test period and who are compensated below the maximum rate for their position will be eligible for an increase from zero percent up to an amount equivalent to no more than two percent greater than the funding level authorized by the city council for the current fiscal year if a performance award program is funded by council action. All performance awards are to be based upon an employee's performance as determined by their supervisory personnel. Increases are effective on a designated merit award date.

2.     Department head personnel actions based on performance evaluations. As a result of an evaluation, a department head may either:

a.      Recommend a performance increase;

b.     Determine no action is necessary;

c.     Establish a performance improvement period for employees that need improvement in their performance in any function of their position that has been determined to fall below the minimum acceptable standard for the position,

d.      Recommend termination as determined by an evaluation performed at the end of a performance improvement period or any evaluation in which the employee failed to meet minimum performance requirements in all work elements for the position.

3.    The personnel director shall review all recommendations for performance increases, performance improvement periods and performance terminations. The director may request the department head to re-evaluate the employee and resubmit the request for personnel action.

4.    Allocation of Funding. Each department may be allocated a dollar amount which would provide an equal percentage of the allocated dollars to all departments. The percentage will be calculated based on the salaries of eligible employees as of the first pay period of the month prior to the designated performance award increase date. The dollar amount allocated for each year for all performance based awards is determined by council as part of the annual budget.

C. Service Award.

1.   Employees who have completed at least five years of service with the city and who have received at least a satisfactory performance evaluation as determined by their department head are eligible for service bonus award. If the employee did not receive at least a satisfactory evaluation, the employee will not be eligible for the service bonus for that year. Eligibility will be restored upon the next satisfactory annual evaluation coincident with their employment anniversary date or anniversary of position change.

2.    The amount of the service bonus will be apportioned by five year increments up to a maximum of twenty-five (25) years. The dollar amount allocated for each five year increment of service by the employee will be determined as part of the pay plan approved annually by the city council.

3.    All service bonus awards will be distributed in a block amount on the scheduled pay period immediately following the employee's employment anniversary date.(Code 1978, § 4-1191; Ord. No. 5061, 7/8/92-, Ord. No.5376, 11/9/94; Ord. No. 5575, 6/12/96)

4-4-28-120 Working out of classification.

An employee who is designated by their department head as working out of classification will be compensated at five percent above their regular rate of pay for each day so designated. An employee must work out of class at least two full consecutive days or a twenty-four (24) hour period for firefighters to be eligible for out of classification pay.(Exception: E-911 personnel working out of classification in a supervisory capacity that is authorized by that department head may be eligible for out of classification pay after two continuous hours or longer. This exception will expire upon council action or additional manpower staffing

 

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after fiscal year 91. See departmental regulations.) Eligible employees will be compensated for each day worked out of their normal classification, including the eligibility period. No out of class pay will be paid to employees required to act in a higher classification if the duties of the higher classification are substantially similar to the acting employee's normal duties unless the employee shall act continually for a period of thirty (30) calendar days or more. Employees who work out of classification for thirty (30)days or more are to be compensated at the minimum rate of the higher class or five percent above their regular rate of pay, whichever is greater. (Code 1978, § 4-1192; Ord. No. 5575, 6/12/96)

 

4-4-28-130 Required court appearance.

Employees required to testify or give a deposition on behalf of the city/BLW or because of conduct arising out of and in the course of employment with the city/BLW in response to a legally valid subpoena, shall be paid for all hours required in court, but will receive a minimum of two hours' credited to his regular work period if any court required appearances occur during the employee's off duty hours unless the required court appearance is immediately before or immediately after the employee's regular workday in which case such time will be added to the employee's actual hours worked for the pay period. Any witness or other fees which the employee receives for this service shall be endorsed and promptly transmitted by the employee to his department head for forwarding to the finance department. (Code 1978, § 4-1193; Ord. No.5575, 6/12/96)

 

4-4-28-140 Police shift differential pay.

A. Police officers who work the hours of 3:00 p.m. to I 1:00 p.m., will earn an additional fifty cents (S.50)per hour for increased risks and hazards in their occupation.

B. Police officers who work the hours of I 1:00 p.m. to 7:00 a.m. will earn an additional one dollar (S 1.00) per hour for increased risks and hazards of their occupation.

C.     A maximum of eight hours' shift differential pay may be earned in a twenty-four (24) hour period.

D.     Assignment to a shift shall not vest a police officer with a vested right to work a particular shift or to receive shift differential pay if reassigned to a different shift. This section may be modified or deleted at any time by the city council. (Code 1978, § 4-1194; Ord. No. 5575, 6/12/96)

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4-4-28-150 Stand by pay.

A. Employees placed on standby status are those directed to be available by telephone, pager, beeper, police radio or other means of communication so that they are available for and capable of reporting for work within a reasonable period of time. Department heads shall designate the positions and eligible employees for standby status as needed and in writing.

B.     Employees who are on standby and fail to respond to a call for duty shall forfeit all standby pay for the assigned period and may be subject to disciplinary action.

C.     Compensation for an employee serving standby duty will be at a rate of eight hours of pay at their regular rate for one week of standby duty served. Such hours shall be paid at the normal rate of pay (straight time). Exempt employees will be compensated at the rate of eight hours' compensatory leave for one week of standby duty served. Standby time of less than seven days shall be credited on a proportionate basis.

D. In the event a non-exempt employee is called back to duty while on standby status, the employee shall receive compensation for actual hours worked at one and one-half(1@6) times their normal rate of pay. If exempt personnel are called back to duty while on standby status, those individuals shall accrue compensatory time as provided in Section 4-4-28-090 of this article.

E.     Police Department Restricted Standby for Court Compensation. Compensation for police department personnel regarding court attendance will be in accordance with the FLSA. The department will develop and update procedures as necessary to carry out this purpose. (Code1978, § 4-1195; Ord. No. 5475, 8/9/95-, Ord. No. 5575,6/12/96)

4-4-28-160 Definitions.

A. Maximum Salary (Wage). The highest rate of pay in each range of the salary or wage classification system as approved by city council.

B.     Minimum Salary (Wage). The lowest amount of salaries or wages assigned in each wage range as approved by city council.

C.     Pay Grades. A range of rates which is paid to a group of jobs which are judged (evaluated) to be worth the same amount of pay. All jobs within a pay grade are of approximately equal difficulty according to the evaluation system used. A number of other terms are all used with the same meaning as pay grade including: job levels, pay levels, labor grades, etc. (Code 1978, § 4-1196; Ord. No.5575, 6/12/96)

 

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Article 4-4-30 Safety and Workers' Compensation Policy

 

4-4-30-010 Safety policy.

It is the policy of the city/BLW that every employee is entitled to work under the safest possible conditions in the various positions of the city. To this end, every reasonable effort will be made to provide and maintain a safe and healthy workplace, safe equipment, proper materials to work with and to establish and enforce safe work methods and practices at all times. (Code 1978, § 4-121 1; Ord. No. 5575, 6/12/96)

 

4-4-30-020 On-the-job injuries.

 

A. The purpose of this section is to provide city/BLW employees with fair and equitable workers' compensation benefits as defined under the State of Georgia Workers' Compensation Act.

B. This policy applies to all employees on city/BLW payroll and excludes all contacted services.

C.   Responsibilities.

1.    Employee. When injured or ill due to an on-the-job incident, notify his supervisor of the injury or illness immediately, to keep their supervisor informed of required absences and to follow the instructions of the treating physician.

2.    Supervisor. To provide proper safety training and supervision of job skills so that accidents may not occur and to ensure that injured or ill employees that are involved in on-the-job accidents receive proper medical or first aid treatment as soon as possible.

3.    Department Heads or Their Designee. To make authorization and/or approvals for treatment of injured or ill employees, ensure proper follow-up of accident investigations; ensure that absences of the employee are properly excused, and that the proper payment is made to the employee, if any, under any leave policy while absent due to an on-the-job injury or illness. The department head will ensure that the personnel department is informed within twenty-four (24) hours of any on-the-job injury or illness or by 5:00 p.m. on Monday following an incident occurring over the previous weekend and of any absence of the employee due to such injury or illness.

4.    Personnel Department. This department will coordinate and administer the city/BLW workers' compensation program and fund.

D. Treatment of Injured Employees.

1 .   A supervisor or department head may administer minor first aid treatment for scratches, minor cuts or scrapes only.

7.      Injuries or illnesses requiring physician treatment:

a.     All occupational injuries or illnesses which require

physician treatment are to be referred to one of the physicians or Physician groups listed on the workers' compensation posters that are posted on all employee bulletin boards.

 

Department heads or their designee will issue an authorization to treat the employee to give to the designated physician. A copy of such authorization will be sent to the personnel department. If none of the three physicians or physician groups are available, the employee is to be treated at the nearest urgent care facility (such as  Kenmed, Primedical, etc.) or if necessary, the nearest hospital emergency room.

b.     All emergency on-the-job accident victims shall be transported to the emergency room of a licensed hospital. Supervisors must have approval from their department head to personally transport or delegate an employee to transport job related injured or ill employees to the hospital emergency room. In cases of severe injuries or illnesses, the supervisor or their designee will immediately call "911" for   immediate treatment and transport to the hospital. However, as soon as possible after the employee is transported to the hospital, the supervisor should notify his department head.

 

b.    The personnel department will be responsible for review and approval of bills received for treatment to be submitted to the city's workers' compensation administrator. The city will only be responsible for those medical expenses authorized by the department head, the department of personnel or medical emergency treatment at a licensed hospital or urgent care facility for job related injuries or illnesses. If a claim for workers' compensation benefits is subsequently denied due to fraud, violation of safety rules, or other legitimate reasons, incurred expenses may be the responsibility of the employee.

c.      Employees injured on the job have the right to a one-time change of their initial treating physician to another physician on the workers' compensation panel. Employees shall inform the personnel department in writing of any change in treating physicians.

e.     Prescription drugs/medical supplies required for treatment of on-the-job injuries: Employees may choose between the following options for filling prescribed drugs and obtaining medical supplies.

(1) The employee may go to one of the pharmacies or medical supply businesses that the city/BLW has arranged to be invoiced for workers' compensation related charges. The employee will need to show the pharmacist an authorization to invoice the city/BLW that is on the bottom of the "authorization to treat" form as well as proper identification that the person to whom the pharmacist is giving the

prescription drugs to is the injured employee or their

 

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authorized representative. Only the prescription drugs and medical supplies authorized by the treating physician shall be charged and paid for by the city/BLW.

(2) The employee may pay for the prescription drugs and/or medical supplies and submit receipts indicating the prescription number, issuing pharmacy, prescribing physician, date filled, and price to the personnel department for reimbursement.

E.     Required Reports:

1.     The employee, or if unavailable, the appropriate supervisor must report all occupational injuries, accidents and illnesses to the department head or his designee by the end of the workday in which an accident, injury or illness occurs. After normal working hours or on weekends, a report must be filed with the department head or his designee by 12:00 noon the following workday. The city/BLW may consider as invalid any on the job injury/accident that has not been reported using the required "first report of injury" form and within the above time limits. A "first report of injury" form will be used to report all job related accidents, injuries or illnesses regardless of the nature or severity.

2.     It is the employee's responsibility to make sure that the "first report of injury" form states exactly what happened and a clear indication of the type and severity of the injury or illness. If the supervisor or department head disagrees with the employee's explanation, he should so indicate in an attachment memorandum to the "first report of injury" form and provide explanatory detail. However, the report should be submitted to the personnel department with the employee's account of the accident/incident intact.

3.     Employees are responsible for obtaining excused absence slips from their treating physicians and to provide them to their department head or his designee on a timely basis so that the workers' compensation insurance payments may be promptly processed. The excuse should include an estimated time that will be required to be absent from duty. If fight duty is authorized, the physician should include specific restrictions in order to properly assign duties without further injury. If excuses for absences due to on-the-job injury are not received (except for hospital admissions due to on-the-job injuries), then the city/BLW's absenteeism policy will be enforced.

4.     Employees are also responsible for obtaining authorization to return to work from their treating physician.

5.     The department head should review and discuss the accident and subsequent injury or illness with the appropriate supervisor to develop safety precautions to help ensure that similar accidents, if preventable, do not recur.

6.    The department head must file the "first report of injury" form with the personnel department within two eight hour workdays after the accident, injury or illness occurred or by 5:00 p.m. on the Monday following an incident that occurred over the immediately preceding weekend (including accidents involving employees assigned to shifts). The department head shall notify the personnel department when an employee returns to work after being off due to an on the job injury or illness.

7.     The city attorney and the personnel director shall consult with the workers' compensation administrator assigned attorneys on all legal matters regarding liabilities of the city/BLW in relation to workers' compensation.

F. Temporary Assignments.

 

1.     Occasionally, an employee who has suffered an on-the-job injury is temporarily partially disabled, but is able to perform other productive duties in his department. Department heads should make every effort to return employees to work in some productive capacity from on-the-job injuries as soon as possible. However, if light duty work or appropriate duties within the skill level and physical capability of the employee is not available, the employee will remain off duty on workers' compensation benefits until he is able to return to work without restrictions.

2.     Employees on light duty work due to an on the job injury shall be paid the same rate of pay worked on their regular job. This provision does not apply to any period of partial loss of earnings due to an injury for which a permanent award is paid under the Workers' Compensa-tion Act since such award is intended to compensate the employee for loss of all earnings during the stated period. Any temporary light duty work assignment provided as an accommodation to an on the job injury will not constitute working out of the employee's classification for purposes of Section 4-4-28-120.

G. Employee Compensation.

I .    Medical bills. If an employee is injured on the job or becomes ill due to an on-the-job condition or exposure, the employee is eligible for treatment as provided under the State of Georgia Workers' Compensation Act, as amended.

8.    Salary or wage, first ninety (90) days of injury: The employee shall be paid regular straight pay up to ninety(90) consecutive calendar days, or sixty-seven (67), eight hour work days (five hundred thirty-six (536) hours) or for Fire Personnel seven hundred fifty-one (751) hours, unless the claim for workers' compensation benefits is controverted by the city/BLW or by the city/BLW's workers' compensation administrator. For approved claims, no deduction will be made from any leave balance credited to the employee. However, the employee is required to endorse the workers' compensation check to the city/BLW. The intent is to provide the employee's normal base salary

 

 

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or wage for The first ninety (90) calendar days of the injury, but not any amount greater than the employee would earn if they were working their normal base work-week.

3.    Salary or wage, after the first ninety (90) days of injury: If the employee remains unable to return to work due to his on-the-job injury or illness after the first ninety(90) calendar days of absence, or sixty-seven (67), eight hour work days (five hundred thirty-six (536) hours) or for Fire Personnel seven hundred fifty-one (751) hours, the employee may choose one of the following options:

a.    Receive full salary from accrued leave balances and endorse the workers' compensation check to the city/BLW.

b.    Receive the worker's compensation check and receive partial salary from leave balances.

c.    Accept the worker's compensation check as total compensation. If the workers' compensation check is accepted as total compensation, no time will be deducted from any leave balance while the employee remains disabled due to an on-the-job injury or illness.

 

9.      Accruals. All leave balances and benefits will continue to accrue to the employee while absent due to on-the-job injury or illness. (Code 1978, § 4-1212; Ord. No. 5575, 6/12/96)

 

Article 4-4-34 Travel and Training Policy4-4-34-010 Policy.

 

It is the policy of the city/BLW to provide for the

necessary training and business travel of its employees on a planned basis that provides fairness to all participants and conservation of public funds.

Nothing contained herein shall be construed as creating enforceable interests in this chapter as a benefit of employment or otherwise as limiting or restricting the authority of the city/BLW. (Code 1978, § 4-123 1, Ord. No. 498 1,11/13/91, § 1; Ord. No. 5575, 6/12/96)

4-4-34-020 Scope.

These policies and procedures apply to all employees covered by the personnel rules and regulations and:

A. Full- and part-time regular employees appointed by the mayor or city council: City manager, city clerk, administrative assistant to the mayor, municipal court judge, solicitor, and municipal court clerk and other appointed positions not named herein.

E. Permanent and temporary part-time, temporary full-time, volunteers, or provisional positions. (Code 1978,§ 4-1232; Ord. No. 4981, 11/13/91, § I-, Ord. No. 5575,6/12/96)

 

 

4-4-34-030 Responsibilities.

 

A.  Supervisory Responsibilities. in declaring this policy, the city/13LW recognizes and affirms the obligation of every individual having supervisory responsibility to:

I . Determine the individual and collective training needs of employees under his supervision.

2.   Provide each employee with adequate information on the objectives, policies and programs of the city/13LW,his department and his organizational unit so that he will be guided by a clearer understanding of the work of the city/BLW and the department and unit in which he is employed.

3.   Compare the relative worth of the different methods of receiving training and to recommend/participate in the most cost-beneficial method.

4.   Develop annual training plans for each employee under his supervision to be included as a part of the employee evaluation program.

5.   All employees will be given fair and equitable consideration in selection for training, without regard to race, color, religion, sex, national origin, age or handicapped status.

6.   Employees will be selected for training on the basis of the following factors.

a.   The relative degree of need for the training;

b.   The relative extent to which knowledge, skills and attitudes are likely to be improved by the training;

c.   The relative potential of the employee to apply the improved knowledge, skills and attitudes to present and future assignments-,

d.   The relative ability of the employee to pass on the training to others upon return to the job;

e.   The relative length of time and the degree to which the city/BLW can expect to benefit from the employee's improved knowledge and skills,

f.   The employee's interest in improving his performance, and the efforts he has made to improve his performance;

g.   The need to meet mandated certification requirements.

7.   Evaluation of training received to include a determination of the economics, increased efficiency, improved work methods, etc., that have resulted from the training received within budgetary limitations.

8.   Keep adequate and accurate records of training offered, taken, and completed, including attendance figures on scheduled training events, such as, did the employee actually participate in the educational sessions of the conference? Which ones? etc., and all expenses related there to.

9.   Adhere to, support and enforce these regulations.

 

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B. Employee Responsibilities. It is the responsibility of all employees participating in training and business travel to adhere to these regulations with the understanding that such activity, while improving an individual's personal knowledge, skill, abilities and attitudes, is intended to improve the city/BLW's services. It is the responsibility of all employees participating in training activities to physically attend the training sessions that are planned for the employee to attend. Failure to comply with the provisions of this policy can result in disciplinary action up to and including termination from employment.

C.     Finance Department. The finance director shall designate a qualified individual to review all business travel and training expenses to determine compliance with these regulations for payment and/or reimbursement purposes.(Code 1978, § 4-1233; Ord. No. 4981, 11/13/91, § 1; Ord. No. 5575, 6/12/96)

 

4-4-34-040 Definitions.

 

A. City/BLW Business. As used in this chapter,city/13LW business shall pertain to either of the following:

1.    Business Travel. Travel for the purposes of con-ducting official city/BLW business.

2.     Professional/educational Travel. Travel to attend meetings, conferences, training programs for professional growth and development as well as the benefit of the city/BLW.

B.     Authorizing Party. The individual head authorized to approve or disapprove travel and training requests for the requesting employee. AU advances and expense reports require the approval of the division head (if applicable),department head and budget officer. If a department head is a requesting party, the city manager or assistant city manager is the authorizing party and must approve the advance request and the corresponding expense report. All approvals must be obtained in writing prior to any advance being issued to the requesting party.

C.     Requesting Party. The employee who will be reimbursed for travel costs incurred.

D. Metro-Atlanta Area  Includes the counties of Cobb, Fulton, Gwinnett, DeKalb, Clayton, Cherokee, Bartow,Forsyth, Rockdale, Henry, Fayette, Douglas and Paulding.

E.     Per Diem. Authorized only for approved overnight trips. The amount of the per them for employees covered by this policy is thirty-five dollars ($35.00) a day and is set by council action as a part of the budget process. The per them is to provide for all meals and all tips, including those given to luggage handlers, taxi cab drivers, waiters/waitresses, etc.

G. Mileage Allotment. Authorized for reimbursement for use of personal vehicles in the conduct of city/BLW business. The mileage allotment ram for employees covered (by this policy is twenty-nine cents (S.29) per mile and is set by council action as a part of the budget process. The mileage allotment is to provide for all costs associated with the use of the employee's personal vehicle including insurance, repairs, etc. (Code 1978, § 4-1234-, Ord. No4981, 11/13/91; Ord. No. 5575, 6/12/96)

 

4-4-34-050 General guidelines for authorization of travel/training,

 

A. Decisions as to how much and which travel and training is authorized begins with the budgetary process Travel/training needs must be anticipated and submitted in the budget each year for approval by the city council An annual training/travel plan should be developed an(submitted with the department's budget request.

B. The department head must stay within the travel/training allocation for their department as approved by the city council.

C.     Prior to approving a travel request, the department head is responsible for determining that a sufficient unexpended balance remains in the travel budget to reimburse all anticipated costs of the travel/training. Travel request should be received by the finance department two week prior to the date for which a check is needed. Since checks are only issued on Fridays, requests received after 12:04 noon on Wednesday will be processed the following week. Any exception to this schedule must be approved by the, finance director.

D. Personal items (such as cigarettes, shampoo, razor etc.) and alcoholic beverages for employees and all expenses for family members are not authorized. Only business telephone calls are authorized. Expense reports must b, prepared to reflect only actual expenses essential to the conduct of city/BLW business.

E.     The per them rate is thirty-five dollars ($35.00 per day and is determined by council action as a part of the annual budgetary process. Breakfast allowance will not be authorized, either in a per them calculation or based on receipt, if the business travel was initiated from the employee's home as the first business activity of the day

H. Mileage expense authorized she be calculate from wherever the trip is initiated from (either the employee's home or work site). The mileage reimbursement rate is twenty-nine cents ($.29) per mile and is determine by council action as a pan of the annual budgetary process (Code 1978, § 4-1235-, Ord. No. 4981, 11/13/91, § 1; Or No. 5575, 6/12/96)

 

 

4.4-34-060 Authorization for travel/training.

 

A. As soon as the requesting party becomes aware of the need to travel, he should prepare and submit a request for travel and training form to his authorizing party. The form should be submitted to the authorizing party in sufficient time for the authorizing party to adequately assess it and forward the request to the budget officer and, if necessary, the city manager.

F. The authorizing party is responsible for determining that:

 

1.   There is factual and sufficient justification provided by the requesting party to permit approval.

2.    There is sufficient unexpended appropriation amount remaining in the department's travel budget to reimburse all anticipated costs of travel. Inquiries regarding the remaining budget balance available can be done through the information available to the department head via on-line access to the GMBA information on the computer. This will provide the most current information except for trips for which there is no expense report received.

3.    The authorizing party may approve the request form once he has determined the need and validity of the request.

C. When approved by the department head, the original of the request for travel and training form shall be sent to the budget officer in the finance department (to be matched with the subsequently submitted expense report form covering the actual accounting of the trip costs). After review and approval by the budget officer and. if necessary, the city manager or assistant city manager, a copy of the approved request for travel and training form should be sent by the budget officer to the authorizing party.

D. Travel Advances. No travel advance for amounts greater than five hundred dollars ($500.00) will be issued without the prior approval of the city manager.

E. Emergency Travel. Emergency travel situations should follow the above procedures with the exception that it may be necessary, due to time constraints, for the finance department to prepare a manual check. Requests for manual checks should be limited to emergencies. A manual check request should be in writing explaining the emergency need for the check and should be submitted with the travel and training request form no later than  11:00 am. on the date needed to allow time for preparation. Manual checks will be ready for pick-up by 3:00 p.m. The finance director or his designee will determine if the manual check request is of sufficient urgency to warrant issuing a manual check.(Code 1978. § 4-1236; Ord. No. 4981, 11/13/91, § 1; Ord, No. 5575, 6/12196)

 

 

4-4-34-070 Expense reimbursement.

 

The following reimbursement guidelines are intended to set forth maximum standards. Employees of the city/BLW are expected to spend funds prudently.

A. Subsistence.

1.      Lodging. Reimbursement for lodging is authorized when the individual's travel requires overnight accommodation. Overnight accommodations are not considered necessary within the metro-Atlanta area. Detailed receipts (not charge slips) are required for all lodging costs. Charges for meals and telephone calls that are included in hotel/motel bill should be extrapolated for reporting purposes. If a per diem is used, charges for individual meals are not authorized.

a.     Lodging shall be a standard hotel/motel consistent

with other facilities available in the area.

d.      Accommodations shall be reimbursed at actual costs incurred at the single room rate.

e.    When two employees share a room, one employee shall pay and request reimbursement for the full lodging charge. The second employee shall not be entitled to any reimbursement since they did not incur any expense.

f.    The requesting party is responsible for obtaining a tax exempt statement from the finance department prior to departure and give the statement to the registrar at their hotel/motel upon arrival. It is recognized that different hotel/motels acknowledge such statements to varying degrees.

2.    Meals.

a.     Meals During Overnight Travel. Employees are entitled to reimbursement for meals based on a per. The amount for overnight travel only. The per them rate for fiscal year 1991-92 is thirty-five dollars ($35.00) per day and is set by council action as a part of the annual budgetary process. The per diem should be sufficient in most locales visited by the requesting party. Receipts are not required when requesting reimbursement at per diem rates. Occasionally, due to the location of the travel, the per diem rate may be insufficient. Reimbursement in excess of the per diem rate will be considered only when supported by receipts clearly proving more cost was incurred. This is intended to reimburse the traveler for higher costs in major cities and not provide a reason to spend more. The department heads are expected to carefully monitor and specifically approve/deny requests for reimbursement in excess of the per diem rate.

Breakfast allowance will not be authorized, either in a per diem calculation or based on receipt, if the business travel was initiated from the employee's home as the first business activity of the day. If the requesting party returns to their home or to Cobb County before 2:00 p.m., then the seven dollar ($7.00) allotment for lunch for that day's travel per diem will be deducted. If the requesting party returns to their home or to Cobb County before 7:00 p.m., then the fifteen dollar ($15.00) allotment for dinner of that day's travel per diem will be deducted.

b.     If meals are provided as a part of the registration, such meals should be deducted from the per diem authorized by the following amounts of the per diem: Five dollars($5.00) for breakfast, seven dollars ($7.00) for lunch and fifteen dollars ($15.00) for dinner. Example: At a per diem rate of thirty-five dollars ($35.00) per day with a luncheon that is provided as a part of the registration, the reduced per diem for that day of the conference would be $35 -$7 = $28.

c.     Single Day Travel. Reimbursement may be made for meal expense during single day travel based on the individual meal allotment amounts described in the above paragraph if the following requisite conditions exist:

Breakfast-Generally, no reimbursement will be authorized for breakfast during a single day trip unless the employee is attending a formal breakfast at which the city/BLW business is conducted or a breakfast that is included as a part of a registration fee for a workshop, seminar, etc.

Lunch--Generally, no reimbursement will be authorized for lunch during a single day trip except under the following conditions:

(1) The employee cannot return from city/BLW business before 2:00 p.m.; or

(2) The employee is attending a formal luncheon at which city/BLW business is conducted.

(3) The luncheon is included as a part of a registration fee for a workshop, seminar, etc.

Dinner-Reimbursement may be authorized provided the employee returns to their home or to Cobb County after7:00 p.m.

d.     Meal/entertainment Expense as Guests of the City/BLW. If meals or entertainment are provided for others, their names, companies/agencies and the reason for the expenditure should be included as an attachment to the receipt for which reimbursement is requested, Such meals and entertainment expense may be approved for reimbursement at the discretion of the department head and budget officer after determining that such interaction will prove beneficial to the city/BLW.

B.     Transportation Expense. Transportation shall be reimbursed at the most economical rate for the most economical and practical method of travel. Example: The traveler may choose to travel by personal vehicle, perhaps so that his family may go along; however, the most economical method is to fly at coach rates with the ticket for the employee purchased through the city designated travel agency. Therefore, the traveler would be reimbursed for the amount of such coach ticket.

1.    Ticketed Travel. A travel agency in the metropolitan Atlanta area shall be selected by the purchasing division with the approval of the city manager to be the city/BLW's sole agent for providing travel reservations and ticketing for a predetermined time period. All requesting parties who anticipate overnight travel or air travel should check with this travel agency as to the most economical method of travel. All air travel shall be arranged and reserved through this agency. The authorizing party should certify that the method of travel selected is the most economical and practical method for the city/BLW.

Reimbursement for ticketed travel expense should be substantiated by the traveler's copy of the ticket (not travel agency invoices) as well as copies of any automobile rental contracts.

2.    City Vehicles. The use of a city/BLW vehicle is authorized for travel to a destination of up to four hundred(400) miles from Cobb County. Operation of the city/BLW vehicle outside the State of Georgia requires the prior approval of the department head.

 If more dm one employee is attending the same conference or business meeting, only one city/BLW vehicle shall be used until the limit of the capacity of such vehicle is attained.

Gasoline and oil should not, except in emergency situations, be purchased for city/BLW vehicles at commercial providers in the metropolitan Atlanta area. The traveler in the metropolitan area should prepare the city/BLW vehicle for anticipated travel at the motor transport division or other designated city/BLW loading areas.

   Receipts must be obtained for all city/BLW vehicle expenses incurred, including gasoline purchases, for reimbursement approval.

City/BLW vehicles may be driven only by city/BLW employees and officials.

3.    Personal Vehicles.

a.    Advance approval for use of a personal vehicle for business travel must be obtained from the department head. Advance approval for department and division heads for personal vehicle usage is not necessary, but the criteria below will be applied for approval for reimbursement purposes.

Use of a personal vehicle may be authorized only if one of the following conditions is met:

(1) No suitable city/BLW vehicle is available.

(2) Round trip travel mileage is less than one hundred(100) miles.

(3) The requesting party has a physical handicap which requires the use of a specially equipped vehicle.

 

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(4) An employee's family member(s) accompany the employee on the trip.

(5) The most economical and practical method to attend a conference or seminar is the use of a personal vehicle.

b.     Mileage expense authorized shall be calculated from the initiating point of the business travel (either from the employee's home or the work site). If personal usage of the vehicle occurs while on business travel, such mileage shall be deducted from authorized business travel mileage. The mileage reimbursement rate is twenty-nine cents ($.29)per mile and may be increased or decreased by council action as a part of the annual budgetary process. Requested mileage reimbursement must be supported by odometer readings (as amended by Ord. No. 5300, 5/11/94)

c.     Employees who are directed to utilize their personal vehicles for the conduct of city/BLW business, should be reimbursed for all business miles driven during such trips. Employees who are routinely assigned to conduct city/BLW business through the use of their personal vehicles should complete a monthly mileage log which should indicate the time and date the trip was initiated and completed, purpose of the trip and odometer readings at the beginning and end of the trip. These monthly logs should be turned in by 12:00noon, Wednesday, of the first week of the next month along with an expense report form requesting reimbursement.

Reimbursement for the business use of a personal vehicle constitutes all compensation for the use of the vehicle including insurance for property damage to the vehicle, breakdown repairs, etc.

3.    Rental Cars .

a.     A rental car may be used when:

(1)   The traveler has flown to a location; and

(2)   Travel between sites at such location is necessary for the conduct of city/BLW business; and

(3) It is determined that no other mode of transportation is as economical or practical, i.e., taxi, subway, bus; and

(4) Is preapproved by the department head or city manager or assistant city manager.

b.     Rental cars should be limited to a maximum of. mid-size" automobiles with standard accessories unless special circumstances dictate a larger vehicle which should be preapproved by the department head or city manager or assistant city manager.

c.     Receipts are required for the reimbursement of any rental car costs, including gas. Purchase of insurance for rental vehicles at the time of rental is not necessary.

5.    Local Ground Transportation. Travelers on authorized trips outside the metropolitan area may be reimbursed for local transportation costs incurred in the conduct of city/BLW business, such as, taxis, subways, etc. Receipts for such services should be obtained when possible and provided to support reimbursement. Such receipts should not contain reimbursements for tips since tips are to be accounted for out of the allowed per diem. If receipts cannot be obtained, the employee shall certify as to the accuracy of the amount paid on the expense report upon return.

C.     Registration. Registration fees are paid by the finance department in advance of ft trip provided the travel request with sufficient documentation is received two weeks in advance of the date that a check is needed. If advance registration is not utilized, registration fees for approved conferences or seminars are reimbursable when supported by receipts. An expense report for registration fees is necessary even if the employee did not receive any additional funds for the training.

G.   Miscellaneous Expenditures.

1.      Parking Fees. Parking fees for business travel will be reimbursed when supported by receipts.

2. Toll Road/Bridge Charges. Toll charges for business travel will be reimbursed when supported by receipts for amounts of one dollar ($ 1.00) or more per charge and by certification of the employee for amounts less than one dollar ($1.00) per charge.

3.     Telephone Calls. Necessary business related telephone calls are reimbursable when supported by receipts. No personal calls are reimbursable.

Other travel related expenses are reimbursable when it is supported by receipt and it is determined by the department head that such expense was to the benefit of the city/BLW.

H. Expense Reports.

1.     Upon returning from an authorized trip, the requesting party shall present to the authorizing party a complete itemization of all trip expenses on an expense report form within five calendar days after returning from the trip. Such report will be prepared accurately and completely including all required receipts and explanations to facilitate its review, understanding and processing. Failure to provide the required receipts will result in the unsupported amount not being reimbursed. The authorizing party shall review, sign and submit the expense report to the budget officer within two workdays after receipt from the requesting party.

2.     Settlement of Travel Advances. If the requesting party received a travel advance that was greater than the actual expenses incurred, a check in the amount of the unused portion of the advance must accompany the expense report. Any travel advance that remains outstanding for periods greater than fifteen (15) calendar days from the date of return, shall be deemed a salary advance and maybe deducted from the employee's next paycheck. Further advances will not be issued until the employee has settled all previous travel advances.

4.      Finance Department Review. The finance department shall audit all expense reports to determine mathematical accuracy; cross reference amount claimed to appropriate receipts; and review the appropriateness of expenditures in accordance with this policy. Upon determination of accuracy and compliance, the finance department will authorize the issuance of a check of net amounts due to the employee in the event that actual expenses exceed any advance taken. Reimbursement as a result of an expense report will be processed only after the report has been matched with the travel request form. Submission of inaccurate expense reports will result in return to the authorizing party for correction and re-submission and possible disallowance of amounts requested to be reimbursed.

4.    Falsification of Expense Report. An employee who knowingly submits a false claim for reimbursement will be subject to disciplinary action up to and including termination of employment. (Code 1978, § 4-1237; Ord. No. 5 128,2/10/93, § 1; Ord. No. 5575, 6/12/96)

 

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