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8.7 Personnel Manual CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 12/17/07 TIME 4:00 P.M. AGENDA SECTION NO: 8 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: HUMAN RESOURCES ITEM NO. Page 1 7 BY: Natalie Fischer BY: ITEM: Resolution No. 07-6465 Request approval of proposed changes to the Personnel Manual. BACKGROUND: The following is a summary of proposed changes to the Personnel Manua/: Table of Contents: Add Statement of Organizational Values and Statement of Management Values. Article 02: "Definitions": Update language and definitions. Article 03: "Qualifications for Emplovment": Update policy to match current practice and reasonable accommodation. Article 08: "Performance Requirements": Add appeal language and timeline. Article 09: "Promotion, Transfers, Demotions and Reclassifications": Update language to reflect current positions, consistent phrasing with other articles. Article 16: "Sick Leave": Add language for clarification and to establish method of exchanging vacation/personal if leaving and have sick leave advance balance Article 17: "Other Leave": Add Domestic Violence Leave section. Article 18: "Work Requlations": Combine internet use and electronic mail section, establish agreement outside of Personnel Manual, add language regarding the Personal and Family Protection Act, add mobile phone stipend language to reflect current practice. Article 20: "Grievance Process": Add language for clarification on performance evaluation appeals. Article 23: "Discipline": Add language, correct formatting. Article 24: "Separation and Reinstatement": Establish good standing factors and define job abandonment. FISCAL NOTE: N/A COMFORMANCE WITH STRATEGIC PLAN: N/A RECOMMENDED ACTION: Alternative #1: Approve Resolution No. 07-6465 allowing changes to the above Articles In the Personnel Manua/. Alternative #2: Do not approve Resolution No. 07-6465 at this time. Staff recommends Alternative #1. Attachments: Proposed changes to Personnel Manua/ Fobru~HY December 200eZ TABLE OF CONTENTS ARTICLE Section - Attachment PAGES Statement of Orqanizational Values Statement of Manaqement Values 1. Introduction Purpose of Manual Administrative Responsibility Departmental Regulations 1-1 2. Definitions 2-1 - 2-2 3. Qualifications for Employment Citizenship Verification Loyalty Oath Physical Exam 3-1 4. Equal Opportunity 4-1 5. Sexual and Other Workplace Harassment Purpose Definition Policy Statement Complaint Procedure Retaliation Protection 5-1 - 5-3 6. Merit System 6-1 7. Probation 7-1 8. Performance Requirements Performance Standards Evaluations of Performance Merit Salary Increases Adjusted Merit Salary Increases 8-1 - 8-2 9. Promotion, Transfers, Demotions and Reclassifications Promotion Transfers Demotions Reclassifications 9-1 - 9-4 10. Compensation Official Pay Plan Pay Periods Total Compensation Pay Records Separation Pay Longevity Pay Clothing Skill Based Pay Shift Differential 1 0-1 - 1 0-4 11. Insurance Group Health Group Life Group Life - Fire Department Firemen's Relief Association 11-1 Public Safety Officers Benefit Act ARTICLE Section - Attachment PAGES 11. Unemployment Insurance Attachment 11-A Attachment 11-B Attachment 11-C 12. Workers Compensation Attachment 12-A 12-1 13. Retirement ProQrams Kansas Public Employees Retirement System (KPERS) Kansas Police and Fire Retirement System (KP&F) Social Security Deferred Compensation Plan 13-1 14. Holidays 14-1 15. Vacation Accrual Use - Carry-Over Vacation Buy-Back 15-1 - 15-2 16. Sick Leave Accrual Use Sick Leave Advancement 16-1 - 16-2 17. Other Leave Emergency Leave Maternity Leave Civil (Court/Jury) Leave Military Leave Leave of Absence Family Leave Policy Attachment 17-A Attachment 17-B Attachment 17-C 17-1 -17-4 18. Work ReQulations Public Relations Chain of Command Appearance Attitude and Conduct Motivation/Knowledge Physical Fitness Care and Use of Equipment and Facilities Safety Driver's Policy Smoking Policy Return of City Property Change of Address or Family Status Responsibility to Report to Work in Adverse Situations Identification Cards Acceptable Use - Electronic Mail Software Duplication Policy Internet Use Parking Regulations - City-County Building Workplace Violence Cellular Phone Use 1 8-1 -1 8-11 Duty to Report Arrest Confidential Information Attachment 18-A Driver's Policy Q&A ARTICLE Section - Attachment PAGES 19. DruQ and Alcohol-Free Workplace 19-1 - 19-15 Drug and Alcohol-Free Workplace Policy General Procedures for Drug and/or Alcohol Testing Job Candidate Testing Reasonable Suspicion Testing Supplemental Rules For Transportation Safety Sensitive Positions Consequences of Positive Test Results For Alcohol Consequences of Positive Test Results For Drugs Duty to Report Conviction Under Criminal Drug Statue Employee Education and Assistance Confidentially Miscellaneous Attachment 19-A Attachment 19-B 20. Grievance Process 20-1 21. Hours of Work and Overtime Schedules and Assignments Rest Periods Overtime Pay Nonscheduled Work Policy 21-1 22. Policies Nepotism (Employment of Relatives) Political Activity Residency Outside Employment Litigation Against City Favors, Gifts, Gratuities, Rewards Travel Expense Tuition Reimbursement Attachment 22-A 22-1 - 22-4 23. Discipline General Grounds for Disciplinary Action Forms of Discipline Appeals of Disciplinary Action Disciplinary Advisory Board 23-1 - 23-6 24. Separation and Reinstatement Reduction in Work Force - Layoff Absent Without Leave Resignations Reemployment After Resignations 24-1 - 24-2 25. Miscellaneous Personnel Records Employee Suggestions and Recommendations Employee Organizations Credit Union United Way Garnishment Fees 25-1 - 25-2 05/06 December 200Z 4 ARTICLE 2 "Definitions" ANNIVERSARY DATE The first day of the pay period coinciding with or following an employee's date of employment. An employee's anniversary date does not change when an employee receives an early merit increase or a delayed merit increase. CHAIN OF COMMAND The line of responsibility and authority beginning with the City Commission and descending through the City Manager, department heads, assistants, various levels of supervision and ending with non-supervisory employees. CLASSIFICATION The assignment of a position to an appropriate class on the basis of the kind, difficulty and responsibility of work to be performed. CLOTHING ALLOWANCE Funds approved for the purchase and maintenance of required uniforms and/or uniforms issued and replaced in accordance with departmental regulations. COMPENSATION Salary and other benefits afforded employees for performing assigned responsibilities. DATE OF EMPLOYMENT . The effective date as listed on the personnel action form. DEPARTMENT HEAD A director, administrator or officer in charge of a department or departments, appointed by and serving at the pleasure of the 'City Manager. EMERGENCY A sudden and unforeseen h"appening that requires the unscheduled services of an employee to protect the health, welfare and safety of the community or to carry out the responsibilities of the department. EMPLOYEE - CLASSIFIEB,FULL-l]ME An employee in a position established, by the official pay plan, that requires 40 or more hours per week on a reg.ular year-round basis. EMPLOYEE - CLASSIFIED PART-TIME An employee in a position that requires 20 or more but less than 40 hours per week on a regular year-round basis. This employee is eligible for certain employee benefits. EMPLOYEE - INTERMITTENT An employee in a position that works an irregular schedule which is determined by the fluctuating demands of the work and is generally not predictable. Such employees work on as needed basis, usually for special events. EMPLOYEE - REGULAR PART-TIME An employee in a position that requires less than 20 hours per week on a regular year-round basis. EMPLOYEE-TEMPORARYffiEASONAL An employee in a position that works on a temporary basis, for a specific purpose or program. For example, recreational employees who only work during fair weather months at the pool. Generally, work does not exceed five (5) calendar months during a year. 2-1 EMPLOYEE - UNCLASSIFIED An employee whose pay in the Official Play Plan,~ adopted by the City Commission, lists a minimum and maximum pay range_, rather than steps. For example: City Manager and Deputy City M~ln3geroutside of the established pay Qrades. GRIEVANCE A disagreement relating to employment and working conditions or relationships between an employee or a group of employees and supervisor. MANAGEMENT OFFICIALS Any appointed officer charged by law or ordinance with major policy, administrative, management or enforcement responsibilities. MERIT INCREASE Salary increases granted on the basis of job performance. OFFICIAL PAY PLAN ADJUSTMENT Increases or decreases to the salary schedule predicated on inflation information and depending upon the City's financial capability to make such adjustments. PERSONNEL FILE The official file of each employee maintained by the Human Resources Department. All records, reports and other material entered into such files are and shall remain the property of the City of Salina. PROBATIONARY EMPLOYEE .i. An employee in the process of serving the required probationary (or trial) period. PROBATIONARY PERIOD A test or trial period during which a newly appointed employee is required to demonstrate ability and willingness to adequately perform the duties of the job. REGUL/\R EMPLOYEE An employee who has satisfactorily completed his probationary period and is hired to work full time on 3 ye3r round b3sis. SUPERVISORY EMPLOYEE Any employee having authority, in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend a preponderance of such actions, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. SENIORITY DATE First day of the month coinciding with or following date of employment. This date is utilized for determining various employee benefits. An employee's seniority is not adjusted except for when an employee has been on unpaid leave of absence for more than 60 consecutive days. 2-2 November +9WDecember 2007 ARTICLE 3 "Qualifications for Employment" Section 1. CITIZENSHIP VERIFICATION All employees initially hired after November 7, 1986, for any position with the City, shall complete an employment eligibility verification statement in compliance with the federal Immigration Reform and Control Act of 1986. Section 2. LOYALTY OATH K.S.A. 75-4308 passed by the 1968 State Legislature requires all public officers and employees to subscribe to the loyalty oath set forth in K.S.A. 54-106. Section 3. PHYSICAL EXAM As part of the City's emplovment procedures, an applicant may be required to undemo druQ screeninQ, and for certain positions a post-offer, pre-emplovment medical examination that is conducted bv a physician desiQnated bv the City ManaQer or his or,her desiQnee. Anv offer of emplovment that an applicant receives from the City is continQent upon, amonQ other thinQs, satisfactory completion of this screeninQ and examination and a determination bv the City and its examininQ phvsician(s) that the applicantis capable of performinQ the essential functions of the position that has been offered, with or without a reasonable accommodation. As a condition of continued emplovment. emplovees may also be required to undemo periodic medical examinations, druQ screeninQs; and/or alcohol screeninQs at times specified bv the City as consistent with applicable laws. In connection with these examinations, emplovees are required to~p-rbvide the City with access to their relevant medical records, if requested. All company-required medical examinations and alcohol and druQ screeninQs are paid for in' full bv the City. F Questions about medical exa'ininations or alcohol and druQ screeninQs should be directed to your supervisor or the HUman Resources Department. Further information about the City's DruQ TestinQ Policv can-be found in this handbook at Article 19, Section 2. Prior to appointment, 3n 3pplic3nt who receives 3 condition31 offer of emplovment m3'1 be subiect to 3 post offor pre employment ph'lsic31 conducted by 3 medic31 profession31 to be determined bv the Citv MonoQer or 0 deciQnee. e3ch 3pplic3nt, who receives 3 condition31 off-or of employment, shall undergo a thorough physical examination by a physician designated by the City M3n3ger. Jhe Hum3n Resources Director sh311 3rr3nge the physic31 eX3min3tion. The cost of the st3nd3rd physic31 eX3min3tion sh311 be p3id by the City. The cost of 3ny specbl test or eX3min3tion sh311 be the responsibility of the 3pplic3nt. Physic31 requirements or st3nd3rds sh311 be only those which C3n be proven to be bon3 fide essenti31 functions of the position. 1\ person h3ving 3 physiC31 dis3bility, whether congenit31 or acquired by accident, injury or disease shall not be denied employment or advancement unless the dis3bility is rebted to th3t person's 3bility to eng3ge in the p3rticubr job or occup3tion. Any employee may be required to submit to taking a physical examination 'Nhen 3-1 requested by the dep3rtment he3d 3nd 3pproved by the City M3n3ger. The cost of the st3nd3rd physic31 eX3min3tion sh311 be p3id f-or by the City. Such 3 requirement sh311 be f-or the purpose of verifying that the employee still can perform the essential functions for the position. F F 3-2 Af*i:Decembert 2007 ARTICLE 8 "Performance Requirements" Section 1. PERFORMANCE STANDARDS Employment in a position, either regular or temporary, is not recognized as a vested right to be retained because of appointment, possession or seniority, but only when the standard of performance justifies the continuance. Section 2. EVALUATIONS OF PERFORMANCE An evaluation system shall be utilized by each department. The method of evaluation and related forms shall be devised by the department head with the assistance of the Human Resources Director for specialized classifications such as police and firefighting. The Human Resources Director shall develop the method of evaluation and related forms for those classifications utilized in more than one department, such as' maintenance workers and secretarial or clerical personnel. All methods of evaluations and related forms should be submitted to the City Manager for approval prior to use. The systems shall be periodically reviewed in order to assure that they are serving the intended purposes and are'in step with changing technology, methods of personnel training, supervision and job requirements. They shall be designed and administered so as to promote and encourage the concept of equal employment opportunity based on merit and fitness. , The systems shall include written reports from immediate supervisors at a minimum of an annual basis. All such reports shall become and remain a part of the individual's personnel record, maintained by the Human Resources Director. Employees shall receive a copy of their performance evaluations. All evaluation reports shall be' processed through the department's chain of command, with each supervisor acknowledging by signature that the report has been reviewed. Each level of supervision or management s.hould add notes of concurrence, disagreement or additional observation and opinion concerning the employee's performance and evaluation. The employee being evaluated shall be furnished a copy of the evaluation and requested to read, and to sign the same. In the event the employee refuses to sign the evaluation report, the supervisor will.make this notation on said evaluation report and process the same in the regular manner. The employee shall pe permitted to submit a written statement concerning the evaluation. The evaluation form shall include space for the employee to comment on the evaluation and a space to indicate agreement or disagreement with the evaluation. All evaluations shall be typewritten or in ink. Any regular employee who receives an unsatisfactory evaluation shall be reevaluated at the end of a three (3) month period. A second unsatisfactory evaluation shall be cause for a reduction in pay, demotion or dismissal. Section 3. MERIT SALARY INCREASES Salary ranges for all municipal positions are contained in the Official Pay Plan adopted by the City Commission. Each job classification has a minimum and a maximum salary level. All increases are to be granted strictly on a merit and fitness basis and are not to be considered automatic. In order to be recommended for a merit increase, an employee must demonstrate the Organizational Values and receive an overall performance rating that indicates he or she has met the supervisor's expectations. If the employee has exceeded his or her 8-1 supervisor's expectations, the supervisor and Department Head may recommend an additional increase. The Department Head shall submit recommendations for merit increases in written form to the Human Resources Director for approval. The final decision on granting the increase may be subject to the approval of the City Manager. In those instances where increases are not granted, the increase may be recommended at any subsequent evaluation if the Organizational Values have been demonstrated and performance meets expectations. However, the increase will not be retroactive. Such recommendation shall be forwarded to the Human Resources Director through the usual processes as explained above. Denial of a merit increase due to job performance does not constitute disciplinary action. Employees m3Y use the griev3nce process to 3ddress their concerns reg3rding such deni31. The City shall not be obligated to grant merit increases if the funds are not available and budgeted. Section 4. ADJUSTED MERIT SALARY INCREASES Department Heads may delay consideration of an employee's merit increase if they feel they have not had sufficient time to measure the perform<;lnce. Section 5. PERFORMANCE EVALUATION APPEAL PROCESS If an emplovee believes that the ratinQ(s) received on an evaluation do not accuratelv reflect performance or feels that he or she was uniustlv denied a merit increase for failure to demonstrate the OrQanizational Values, a written appeal may be submitted to the Human Resources Department. The appeal must be submitted within ten (10) workinQ days after receivinQ the written performance review. Upon receipt of the aPPeal: the Human Resources Director will schedule a meetinQ with the emplovee, relevant supervisory staff, and the City ManaQer to review the information within ten (10) workinQ days. The City MariaQef's decision is final" 8-2 Af*i:Decemberl 2007 ARTICLE 9 "Promotion, Transfers, Demotions and Reclassifications" Section 1. PROMOTION It is the policy of the City to fill all vacancies for skilled, supervisory and upper-level positions from the ranks of present employees, whenever possible and practical, consistent with the city's obligation to fill public employee positions with the best qualified candidates, and consistent with equal opportunity and affirmative action requirements. All employees seeking promotion shall be expected to meet the qualifications for the classification to which they seek promotion. Employees shall be made aware of promotional opportunities by notices on department bulletin boards. The Human Resources Director shall promptly distribute such notices to all department heads as soon as the position becomes available. A. Definition: A title change in and of itself does not constitute a promotion. In order to be considered a promotion, the following criteria must be satisfied: 1. The employee is moving to a new, more responsible.job with increased responsibilities. 2. The position must be at least one salary grade higher. 3. The position the employee is movi!:lg into !]lust be in the same established job family (e.g.,_ Secret3ry I 3nd Secret3ry II Maintenan<;:e Worker I and Maintenance Worker II). B. Procedures for Promotions: A higher pay graae position must be vacant in an established job family (e.g., Secret3ry I 3nd Secret3ry II Maintenance Worker I and Maintenance Worker II). Filling a vacancy by promotion may occur without public job advertisement with the approval of the City Manager. Vac~ncies can exist when: a. An incumbent leaves a position. b. New positions are added in the annual budget process. C. Effect on Employee: Promoted employees are similar to newly hired employees with respect to probationary requirements and performance and merit increase review schedule. Probationary Period: All employees will serve the applicable probationary period beginning from the date of promotion during which their fitness to perform the duties of the new position will be evaluated by their supervisor. Salary Rate: The Department Head may place the promoted employee at or above the minimum entry level of the new salary range, depending on the employee's qualifications for the new position. 9-1 Demotion During Probation: Promoted employees who cannot evidence' s3tisf3ctorysatisfactorilv performaR6e in the new position may be demoted at any time during the probation period and returned to their previous position or a reasonably comparable position, provided such an opening is available. Performance and Merit Increase Review Schedule: The promoted employee's anniversary date will be adjusted to reflect the date of the promotion. The promoted employee will be eligible for a performance and merit increase review after 12 months and annually thereafter. D. Qualifications for Promotion All promotions shall be on the basis of merit and fitness determined by competitive, written examinations and/or interviews, wherever practical, and with consideration of the employee's total work record. All tests, interviews and other methods of determining qualifications for promotions shall be related to the job for which the employee is being considered. All promotions shall be recommended by the department head and subject to approval of the City Manager. r Section 2. TRANSFERS Every employee has the privilege of requesting a transfer at any time there exists a vacancy for which the employee desires consideration. This does not restrict the City's right to make a non-requested lateral transfer or assignment when deemed in the City's best interests. It shall be the responsibility of every supervisor and department head to give deliberate and impartial consideration to each such request within their respective departments. The Human Resources Director, department heads and supervisors of all departments shall see that notices of all vacancies within the municipal organization are promptly posted so that every employee may have the opportunity to make application. Personnel action forms shall be signed'by both department heads involved in the transfer, if applicable, with final approval by the City Manager. Any'employee who transfers from one position to another shall be entitled to retain all accrued sick leave, vacation leave and other such earned fringe benefits. Provided, eligibility to transfer from one retirement program to another shall depend on the relevant state laws or regulations regulating the programs. A. Definition: There are two types of transfers - lateral transfers and non-lateral transfers. A lateral transfer is the movement of an employee from one position to another within the same pay grade. A non-lateral transfer is the movement of an employee from one position to another with a higher or lower pay grade. B. Effect on Employee: Transferred employees are similar to newly hired employees with respect to probationary requirements and performance and merit increase review schedule. 9-2 Probationary Period: All employees will serve the applicable probationary period beginning from the date of the transfer during which their fitness to perform the duties of the new position will be evaluated by their supervisor. The probationary period may be waived by the City Manager. Salary Rate: The Department Head may place the transferred employee at or above the minimum entry level of the new salary range, depending on the employee's qualifications for the new position. Demotion During Probation: Transferred employees who 'cannot evidence satisfactori!Y.'f performaRGe-jn the new position may be demoted at any time during the probation period and returned to their previous position or a reasonably comparable position, provided such an opening is available. Performance and Merit Increase Review Schedule: The transferred employee's anniversary date will generally be adjusted to reflect the date of the transfer. The employee will be eligible for a performance and merit increase review after 12 months and annually thereafter. Section 3. DEMOTIONS A. Definition A demotion is a downward movement of an employee from one position to another within an established job family (e.g., Secret31)' I 3nd Secret3ry II Maintenance Worker I and Maintenance Worker II). which may be due to inability to satisfactorily perform assigned duties, for disciplinary reasons or during periods when it is necessary to layoff employees due to lack of work or funds. If an employee requests to be placed in a position at a lower pay grade within an established job farYIily, this will be considered a non-lateral transfer. B. Effect on Employee: When a demotion is for failure to perform satisfactorily in the position to which the employee was,promoted, he/she may return to the previously held position or a reasonably comparable position, proviCled'such an opening is available. The probationary period may be waived by the City Manager. When an employee is demoted,into a position that he/she has not previously held, the employee will serve the applicable probationary period beginning from the date of demotion during which his/her fitness to perform the duties of the new position will be evaluated by their supervisor. The probationary period may be waived by the City Manager. The employee's anniversary date will generally be adjusted to reflect the date of the demotion. The employee will be eligible for a performance and merit increase review after 12 months and annually thereafter. If the employee's pay in the current position exceeds the maximum in the demoted position, his/her pay will be reduced to that maximum or a lower level in the new range, as determined by the Department Head. The employee's anniversary date will generally be adjusted to reflect the date of the demotion. The employee will be eligible for a performance and merit increase review after 12 months and annually thereafter. Section 4. RECLASSIFICATIONS A. Definition: A reclassification is the re-evaluation and reassignment of a position to assure that the pay 9-3 plan accurately reflects the worth of the position. A position may be reassigned either upward to a higher pay grade or downward to a lower pay grade. Reclassification is an action taken to recognize one of two conditions. 1. The duties, responsibilities and qualifications of an existing position have substantially changed over time to the extent that the position no longer resembles others of its class. 2. Labor market conditions as evidenced by the City's recruitment and retention experience and verified by salary survey data indicate a need to re-evaluate a position's location in the pay plan. The preferable method of altering departmental personnel allocations is through the budgetary process, thereby allowing the City Commission to review the staffing request. The reclassification process should not be used to reward an.employee who is performing well in a properly classified position but who possesses potential to perform~in a higher level position which the City does not need. It is also inappropriate to use reclassification to provide additional salary growth to an employee who has reached the top of his/her salary grade. In other words, reclassification should not be used in place of a promotion. An employee who is performing extremely well may be rewarded by Rromotion, if a vacancy exists, up through the class series (e.g. Secret3ry Maintenance Worker II-to Secret3ryMaintenance Worker-_II) but this should not be considered a reclassification. Reclassifications are distinguished from promotions in the following manner: 1. A promotion is the upward movement of an employee into an existing position in a higher pay grade. ", 2. A reclassification is the upward or downward movement of a job. B. The Reclassification Process: A Department Head wishing to re~lassify a position should develop written justification for the request and submit this to the Human Resources Director for review. The Human Resources Director Deputy City M3n3ger will develop a recommendation concerning the proposed reclassification which is submitted to the City Manager. The City Manager will review the reasons for the request and the recommendation from the Human Resources Director before making final determination on the reclassification. C. Effect of Reclassification Changes on Incumbent: Employees holding positions designated for reclassification who are performing the duties of the new position at the time of the reclassification will be reclassified with the position. Employees holding positions designated for reclassification who are not performing the duties of the new position at the time of the reclassification will not be reclassified with the position. Under these circumstances, the incumbent employee may apply for the newly reclassified position. If the incumbent employee is not selected to fill the new position, he/she will be eligible to be demoted, laterally transferred, or promoted to another available position in the City. If no vacancies exist, the City's layoff provisions may be used. 9-4 D. Probationary Period: Employees holding positions which are reclassified to recognize the assumption of additional and/or different duties will not serve a probationary period. Employees holding positions which are reclassified to recognize labor market conditions will not serve a probationary period because they have not assumed additional duties. E. Salary Rate: To recognize additional or a reduction of duties and responsibilities, a Department Head may place the employee in the reclassified position at or above the minimum entry level of the new salary range. The anniversary date will not change. Employees holding positions reclassified due to labor market conditions may receive a salary increase if their current salary falls below the minimum level of the new range. The anniversary dates of employees in positions reclassified due to labor.market conditions will not change. Section 5. POSITION ADDITION, REMOVAL OR REALIGNMENT r The City Manager may add, remove, or realign current positions to better meet the needs of the organization and the services provided when the end result of the change(s) does not result in a budgetary increase. In the event the changes would impact the.budget, those changes shall be implemented only upon authorization of the City Commission. , 9-5 J3nU31)' 2006December 2007 ARTICLE 16 "Sick Leave" Section 1. ACCRUAL All classified full-time employees (other than firefighters working 24 hours on and 48 hours off) shall accrue sick leave at a rate of eight (8) hours for each complete calendar month they are on payid status. Firefighters working duty schedules of 24 hours on and 48 hours off shall accrue sick leave at a rate of 11.2 hours for each complete calendar month they are on payid status. Classified part-time employees shall accrue sick leave at a rate of four hours for each complete calendar month they are on payid status. There shall be no limit on the amount of sick leave which an employee may accrue. For each partial calendar month that an emplovee is on paid status, the emplovee will accrue sick leave in relation to the amount of time worked. (For example, if a classified full-time emplovee works half of the month, he or she will accrue four (4) hours of sick leave.) In the event an employee is transferred to or from a 24'hours on and 48 hours qff schedule to a 40 hour base week, the employee's accrued sick leave time shall be converted by Human Resources accordingly, in order to maintain the same basic ratio of time off the job for sick leave. Section 2. USE Sick leave used shall be deducted from the employee's accrued sick leave in increments calculated to the nearest one-tenth of an hour. Employees are not permitted to use sick leave that they expect to earn later. An employee may use accrued sick leave with pay for any of the following reasons: 1. Personal illness or physical incapacity; 2. Enforced quarantine of the employee; 3. Medical appointments. 4. Illness or injury in the employee's family requiring the employee's attendance. / 5. Attendance at funerals for members of the employee's family. For purposes of sections 2A' and 2.5, family includes spouse, children, parents, brothers, sisters, grandparents, grandchildren and in-laws, including mothers, fathers, brothers, sisters, daughters, sons and grandparents. Following is the maximum number ofsic~ leave hours that may be taken by an employee for treatment and recuperation of an illness or injury: Classified full time employees (other than firefighters working 24 hours on and 48 hours off) - 1,040 hours. Firefighters working a schedule of 24 hours on and 48 hours off - 1,456 hours. 16-1 Classified part-time employees - 520 hours. An employee who has used the maximum allowable sick leave once, released by a physician for resumption of normal duties, and after remaining on the job for a minimum of three (3) months, shall again be eligible to utilize accrued sick leave subject to the above stated time limitations. The three (3) month restriction shall not be applicable to unrelated illness or injuries, providing the employee had not been released by a physician and had resumed normal work, duty or assignment prior to the subsequent illness or injury. The sick leave benefit is a form of income insurance and provides a certain amount of security for employees in the event they are incapacitated during those years when they are wage earners. The protection provided the employee and dependents during employment by the City constitutes a portion of total compensation. When unable to work due to being physically incapacitated, an employee shall notify, or be responsible to see that, the supervisor or department head is notified as soon as possible prior to the time the employee is scheduled to report to work. In the event of injury or serious illness, the employee may be required to obtain a written release from a doctor and present it to the department head prior to returning to~work. Supervisors and department heads shall have the responsibility of investigating any time there is reason to suspect that an employee is taking advantage of the sick leave benefit or falsely claiming to be sick. Such abuse or false claims shall be <;:ause for dis.ciplinary action. Section 3. SICK LEAVE ADVANCEMENT The City of Salina, in order to protect new employees from severe financial hardship as a result of serious illness or injury occurring prior to an employee acc:ruing a reasonable amount of sick leave, has developed a sick leave advancement policy. Specifics of the policy include the following:' Eligibility requirements include but are not limited to the following: - Employee must have worked less than five (5) years for the city at the time the request is made. - Cannot be eligible for worker's compensation. - All sick leave, vacation and personal days must be exhausted prior to use of advanced sick leave. - Maximum length of sick leave advancement - (Annually) Two hundred and forty (240) hours for forty (40) hour employees and three hundred and thirty six (336) hours for employees working twenty-fours hours on duty and forty-eight hours off duty. May be extended'by the City Manager on a case by case basis. - Employees may be required to provide medical statements and other relevant documentatiorf. - Requests must be in writing and should explain the circumstances for the leave request. Factors taken into consideration in determining whether to approve such leave include but are not limited to the following: - Nature and extent of the employee's illness or injury. - The likelihood of recovery and return to work. - The amount of sick leave the employee has previously used. Approval of such leave is at the sole discretion of the City Manager. All advanced leave will be reimbursed hour for hour upon return to work as sick leave hours are accrued. Once an employee returns to work, and they request to use sick leave, they will not be 16-2 allowed to use sick leave until the city is repaid for the total hours advanced to the employee. If the employee has vacation or personal leave available they must use that time to cover the time and if they have none available, they will be considered to be on unpaid leave. In the event an employee leaves the 6Q.ity's emplov prior to reimbursement of advanced sick leave hours, the employee~ will forfoit remaininQ vacation and/or personal leave hours shall be forfeited to the City -to cover the b3bnceremaininQ deficit of sick leave hours owed~.:. " 16-3 J3nU31)' 2006December 2007 ARTICLE 17 "Other Leave" Section 1. EMERGENCY LEAVE For emergency situations not covered under Article 16, "Sick Leave" the employee shall have the option of utilizing accumulated vacation time or their personal day, subject to prior approval of the department head. If the employee does not have sufficient vacation or personal leave accumulated to cover the absence, such emergency leave may be granted without pay. Section 2. MATERNITY LEAVE Disabilities caused or contributed to by pregnancy, miscarriage, aportion, childbirth and recovery therefrom, are for all job-related purposes, temporary disabilities and shall be treated the same as any other absence related to illness so far as the use of sick leave or the granting of a leave of absence is concerned. Section 3. CIVIL (COURT/JURY) LEAVE It is the civic obligation of an employee to serve when called for jury duty. Classified and regular part-time employees shall receive full pay for scheduled work time missed when either reporting for or serving jury duty. A current employee (unless the employee has been suspended without pay) who is required to appear in either a criminal or civil court case in the employee's capacity as an employee of the City shall be regarded as on duty at,regular pay while making the appearance. An employee may receive pay for time off fromwork when subpoenaed by the court to appear as a party or a witness in a civil court case in'which the employee is not a party. Also, an employee may receive pay for,time off from work when subpoenaed by the court to appear as a party or a witness in a criminal case. To be eligibleJor such leave the employee must request, including providing a cOI?Y'> of the subpoena, and receive prior approval from the Human Resources Department. For other. court appearances the employee may take vacation leave, to the extent the employee has'unused vacation time. Section 4. MILITARY LEAVE Regular employees shall be granted leave, without pay, for military service or training when ordered by any branch or reserve unit of the U.S. military forces. Such leave, return to municipal service and retention of benefits shall be in accordance with federal and/or state law. The same shall apply to employees who are members of the Kansas National Guard. Such leave for service or training when ordered by the Kansas National Guard, return to municipal service and retention of benefits shall be in accordance with federal and state laws. The employee may, at the employee's option, use accrued vacation for military leave purposes. Section 5. DOMESTIC VIOLENCE LEAVE Pursuant to Kansas law, an employee that is the victim of domestic violence is allowed time off work to: (a) obtain or attempt to obtain relief via a court order to help ensure the health, safety or welfare of the victim or the victim's child; (b) seek medical care for injuries caused by domestic violence or sexual assault; (c) obtain services from a domestic shelter, assistance program or rape crisis center as the result of domestic violence or sexual assault; or (d) make court appearances in the aftermath of domestic violence or sexual assault. 17-1 As a condition of taking time off for the purpose of addressing any of the above issues the employee shall give the Human Resources Director reasonable advance notice of his/her intention to take time off, unless it is not feasible to do so. _Within 48 hours of returning from the time off the employee shall provide the Human Resources Director documentation supporting the need to take time off for the specified purposes. Jhis documentation can include, but is not limited to: (a) police report indicating the employee was victim of domestic violence or sexual assault; (b) court order of protection for the employee or other documentation from the court or prosecuting attorney that the employee appeared in court; (c) documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, or counselor that the employee was undergoing treatment for physical or mental injuries resulting from being the victim of domestic violence or sexual assault. To the fullest extent possible, and as allowed by law, all requests for leave. and documentation provided under this provision will be kept confidential. _An employee requesting leave under this act may use any accrued paid leave available. Jf no paid leave is available unpaid leave may be granted for up to eight (8) days per calendar year._ Enrolled participants in the Kansas Safe at Home may contact the Human Resources Director regarding other provisions of the program that may apply to his/her employment. Section SQ. LEAVE OF ABSENCE An employee who has been granted a leave of absence without pay shall not receive compensation or be granted advancement or promotion in relation to the position from which the employee is on leave. The employee shall be entitled to and shall retain all benefits accrued up to the effective date of such leave. Provided, said employee shall not accrue vacation, sick leave or other benefits during the leave of absence. Generally, the City will continue its contribution toward group life, dental and health insurance during,the leave of absence; However, particularly in cases of extended leaves of absence, continuation'of benefits will be decided on a case by case basis. Upon expiration of the leave of absence and return to work, the employee shall return at the same status. Granting of a request for a leave of absence'is at the discretion of the employee's h AI department head and the City Manager except where governed by the laws of the State of Kansas or the United States of America of specified otherwise within this manual or the Salina Code. All requests for leave of absence shall be submitted in writing, stating the reason for and duration of the requested absence. A leave of absence without pay will not be granted until all vacation leave and an employee's personal day has been exhausted. Section ez' FAMILY LEAVE POLICY Covered Employer: The City is a covered employer under the Family and Medical Leave Act of 1993 (FMLA). This policy summarizes the basic entitlements under the FMLA and those matters which are subject to the City's discretion. The FMLA entitlements shall be administered by the City in accordance with this policy and applicable federal law. Any employee who believes he or she will be entitled to FMLA leave should promptly make application with the Human Resources Department to allow for the development of a FMLA leave plan. EliQible Emplovees: Employees who have worked for at least 12 months for the City and for at least 1,250 hours during the last 12 months, are entitled to unpaid leave under the FMLA. Maximum Leave: An eligible employee is entitled to 12 weeks or 480 hours of unpaid leave due to FMLA-qualified reasons during a 12-month period measured by the date of an employee's first FMLA leave. Leave Entitlement: FMLA leave shall be defined as an approved absence available to eligible employees under particular circumstances that are critical to the life of a family. Leave may be taken: 17-2 1. Upon the birth of the employee's child; 2. Upon the placement of a child with the employee for adoption or foster care; or 3. When the employee is needed to care for a child, spouse or parent who has a serious health condition; or 4. When the employee is unable to perform the functions of his or her position because of a serious health condition. For the purposes of FMLA leave, "serious health condition" means an illness, injury, impairment or physical or mental condition that involves one of the following: 1. Hospital Care - Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity 1 or subsequent treatment in connection with or consequent to such impatient care. 2. 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: (a) Treatment2 two or more times by a health care provider, by.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 (b) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment3 under the supervision of the health care provider. 3. PreQnancv - Any period of incapacity due to pregnancy, or for prenatal care. 4. Chronic conditions RequirinQ Treatments - A chronic condition which: (a) Requires periodic visits for treatment by a healthcare provider, or by a nurse or physician's assistant under direct supervision of a health care provider; (b) Continues oyer an extended period of time (including recurring episodes of a single underlying condition); and:. (c) May cause episodic.father than a continuing period on incapacity (e.g., asthma, diabetesJ epilepsy, etc.) 5. Permanent/LonQ-term Conditions RequirinQ Supervision - A period of incapacity which is permanent or long-term dueto 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 by a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease. 6. Multiple Treatments (Non-Chronic Conditions) - Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by 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 1 "Incapacity," is defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom. 2 Treatment includes examinations to determine if a serious health condition exists and evaluation of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations. 3 A regimen of continuing treatment includes, for example, a course of prescription medication (e.g., and antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider. 17-3 likely result in a period on 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), and kidney disease (dialysis). An employee is "unable to perform the functions of the position" where the health care provider finds that the employee is unable to work at all or is unable to perform any of the essential functions of the employee's position within the meaning of the Americans with Disabilities Act (ADA) and related federal regulations. Substitution of Paid Leave: Employees shall be required to substitute all accrued vacation and sick leave ("paid leave") for FMLA leave. In other words, while FMLA leave is generally unpaid, the employee must use all accrued paid leave before taking any unpaid FMLA leave. The "substituted" paid leave and any subsequent unpaid leave shall be combined to determine an employee's maximum FMLA leave time. BASIC REGULATIONS AND CONDITIONS OF LEAVE 1. The City shall require medical certification to support a claim for leave for an employee's own serious health condition or to care for a seriously ill child, spouse or parent. For the employee's own medical leave, the certification must include a statement that the employee is unable to perform the essential functions of his or her position. For leave to care for a seriously ill child, spouse or parent, the certification must include an estimate of the amount of time the employee is needed to provide care. In its discretion, the'city may require a second medical opinion and periodic recertifications at its own expense. If the first and second opinions differ, the City, at its own expense, may require the binding opinion of a third health care provider, approved jointly by the company and the employee. 2. If medically necessary for a serious health condition of the employee or his or her spouse, child or parent, leave may be taken on an intermittent or reduced leave schedule. If leave is requested on this basis, however, the City may require, the employee to transfer temporarily to an alternative position which better accommodates recurring periods of absence or a part-time schedule, provided that the position has equivalent pay and benefits. 3. Spouses who are both employed by the City are entitled to a total of twelve weeks of leave (rather than twelve weeks each) for the birth or adoption of a child or for the care of a sick ~ffi~. r EMPLOYER'SRIGHTS ON RETURNING TO WORK FROM FMLA LEAVE 1."'On return from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment. 2. Ordinarily an employee will be restored to the same position the employee held prior to FMLA leave, with the.same pay and benefits, if the position remains available. However, an employee has no right to return to the same position. NOTIFICATION AND REPORTING REQUIREMENTS When the need for leave is foreseeable, such as the birth or adoption of a child, or planned medical treatment, the employee must provide reasonable prior notice (preferably 30 days), and make efforts to schedule leave so as not to disrupt City operations. In cases of illness, the employee will be required to report periodically on his or her leave status and intention to return to work. STATUS OF EMPLOYEE BENEFITS DURING LEAVE OF ABSENCE 1. During the period of FMLA leave that an employee is using substituted paid leave, the employee shall be entitled to full accrual of all related benefits. 2. During unpaid FMLA leave, the City shall maintain the employee's coverage under the 17-4 City's group health plan on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire leave period. For all other purposes, the employee shall be on unpaid leave status and shall not accrue any other benefits. PROCEDURES 1. A Request for Family and Medical Leave of Absence Form must be originated by the employee. This form should be completed in detail, signed by the employee, submitted to the immediate supervisor for approval and forwarded to the employee's department head. If possible, the form should be submitted thirty (30) days in advance of the effective date of the leave. 2. All requests for family and medical leaves of absence due to illness will include the following information attached to a completed Request for Family and Medical Leave of Absence: Sufficient medical certification stating 1) the date on which the serious health. condition commenced; 2) the probable duration of the condition; and 3) the appropriate medical facts within the knowledge of the health care provider regarding the condition. In addition, for purposes of leave to care for a child, spouse, or parent, the certificate should give an estimate of the amount of time that the employee is needed to provide such care. For purposes of leave for an employee's illness, the certificate must state that the employee is unable to perform the essential functions of his or her position. In the case of certification for intermittent leavewor leave on a reduced'leave schedule for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment must be stated. 17-5 ~December 200eZ Article 18 "Work Regulations" Section 1. PUBLIC RELATIONS Every municipal employee shall continually strive to promote good public relations for the department and the entire municipal organization. Virtually everything City employees do has either a direct or an indirect and either a positive or negative affect on public relations. A. GENERAL PUBLIC Visitors at any municipal building or area of work shall be made to feel welcome and shall be treated in a friendly and courteous manner. All inquiries, complaints or requests for assistance shall be given prompt attention. B. RELEASE OF INFORMATION Public statements or the release of information on all matters related to municipal policy, administration and the operation of any department or personnel management shall be limited to the City Commission, City Manager, department heads and other personnel specifically authorized or approved by department heads. Section 2. CHAIN OF COMMAND The chain of command is the organizational structure established for the operation and supervision of all departments. All communications, orders, requests and recommendations must be channeled through this chain, in both directions, in order to avoid confusion, misunderstanding and oversight. Supervisors and administrators at every level cannot carry out their responsibilities and perform effectively without an appreciation for and observation of these processes. Unless specifically authorized by the City Manager, no employee shall contact members of the City Commission for the purpose of promoting or opposing department regulations, programs, projects or other administrative matters. The previous statement does not apply to employees involved in carrying out their assigned responsibilities with appointed boards or commissions which include members of the City Commission. Employees have the right to contact and confer or correspond with members of the City Commission on any subject so long as it is not in conflict with the above prohibitions. The overall organizational structure is illustrated by the chart shown in the appendix. Within each department, there is a chain of command headed by the department head followed by various levels of supervisory and non-supervisory employees. Section 3. APPEARANCE All municipal personnel are encouraged to maintain a clean and well-groomed appearance in keeping with their job and conducive to good public relations. They shall comply with the requirements of their respective departments related to wearing apparel, personal appearance, hygiene and safety. A. CASUAL SHIRTS Classified and regular part-time employees who don't receive a uniform or uniform allowance will be provided annually, one short or long sleeve casual shirt which may be worn on Fridays or the last business day of the week, or as approved by the City Manager. From Memorial Day thru Labor Day, casual shirts may also be worn on the first working day of the week. Employees may wear the shirt off-duty. 18-1 B. JEANS Jeans may only be worn on casual Fridays or the last business day of the week, or as approved by the City Manager. Jeans may be only worn with the city's casual shirt and the jeans must be neat in appearance. Department heads may designate certain positions or situations where employees mayor may not wear jeans. Section 4. ATTITUDE AND CONDUCT Employees shall maintain a constructive, businesslike attitude which strives to promote harmony among coworkers and respect for positions of authority at all times. They shall conduct themselves in a manner appropriate to their position as public servants. Section 5. MOTIVATION/KNOWLEDGE Every employee in the City service is working for the same public. It is the aim of the personnel of the City of Salina to constantly develop a better municipal operation. All employees should acquire a thorough knowledge of their own jobs and should possess a profound respect for the work. Supervisors and department heads have an obligation to all personnel to encourage them to become more knowledgeable, develop their talents and capitalize on their capabilities, not only to advance in their present position but in order to take advantage of future opportunities. Likewise, they have the responsibility of continually evaluating the attitude, capabilities and performance of their employees for at least three reasons: for efficiency; for the"welfare of every employee; and for determining justification of merit salary increases and promotions. Section 6. PHYSICAL FITNESS It shall be the responsibility of each employee toJVmaintain the standards of physical fitness required for performing all assigned tasks. In those departments where the nature~ofthe work requires unusual or extraordinary physical exertion, coordination or dexterity, such departments, under the guidance of a physician, shall adopt physical fitness standards appropriate for each such classification. Such standards shall be adhered to by each employee serving in any such capacity. Any employee may be required to submit to taking a physical examination when requested by the department head and approved by the City Manager. The cost of the physical examination shall be paid by the City. Section 7. CARE AND USE OF EQUIPMENT AND FACILITIES Any employee of the City of Salina found to be responsible for damage to or loss of City property or equipment through negligence, carelessness or abuse shall be subject to disciplinary action and may be required to reimburse the City for such damage or loss. No equipment, material or supply belonging to the City of Salina, shall be removed from its location or used without proper authority. The department head or City Manager shall be the only people with jurisdiction and authority to grant such permission. No employee shall operate or drive or cause to be operated or driven any City owned automobile, bus or other motor vehicle for private use or for private business or for pleasure. Section 8. SAFETY Employees shall exercise good judgment and take appropriate precautions in the performance of their work. Department heads and supervisors shall see that employees are properly trained in how to safely perform tasks and use equipment. Department heads and supervisors shall ensure 18-2 that adequate protective equipment is available for use by employees under their supervision. Recklessness, laxity or carelessness will not be condoned. Prompt action shall be taken to repair faulty equipment and correct hazardous conditions in work areas. Employees are required to follow all safety policies and procedures outlined in the Risk Management and Safety Procedures Manual as well as special safety rules that may be issued within individual departments. Failure to do so may result in disciplinary action. Section 9. DRIVER'S POLICY Any Employee who regularly drives a city-owned vehicle or is compensated by automobile allowance shall be covered by this policy. In addition, the City Manager may designate other employees that may be covered by this policy based on a review of their position and responsibilities. The following categories of traffic violations are established for the purpos~ of administering this policy. A violation means either a diversion or conviction for the trafficviofation described. · Type A Violations 1. Reckless driving (STO-29). 2. Fleeing or attempting to elude a police officer (STO-31). 3. Operating a motor vehicle during a period of drivers license suspension or revocation. · Type B Violations 1. Driving under the influence of alcohol (STO-30). 2. Driving under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle (STO-30). · Type C Violations All moving violations not listed as Type A or Type B violations. This category includes, but is not limited to, racing on highways, inattentive driving, careless driving, speeding, stop sign violations, failure to yield ,and running a red light. A. POLICY: 1. The employeEl. must be aneast 18 years of age and hold a valid driver's license from t.he State of Kansas. In the Police Department, the employee must be at least 21 years of age to operate vehicles used for emergency response. 2. The employee must comply with the Kansas Department of Transportation guidelines with respect to types of licenses required to operate certain vehicles. 3. Any employee whose job requires possession of a valid driver's license or who receives an automobile allowance, shall report to his/her supervisor within 24 hours all: a. Type A or B violations b. Driver's license suspensions, revocations or expirations c. 3rd or 4th Type C violations within the prior three year period. (If the employee is unsure, the City will initiate a motor vehicle record check at the employee's request.) The Employee's supervisor shall by the next regular business day report the information to the department head, who shall the same day report the information to the City Manager's office. 18-3 4. Candidates for jobs with the City of Salina and new hires shall be held to the same driving standard as employees if their job duties require possession of a valid driver's license. 5. Motor vehicle records will be examined by City Management. Motor vehicle records of current employees will be examined at least annually. In the case of candidates for jobs with the City of Salina to whom the City has made a conditional offer of employment, the candidate's motor vehicle record will be examined before the candidate is hired. The motor vehicle record will be compared to the standards which follow. If examination of the motor vehicle record determines that the employee is one (1) violation away from not being allowed driving privileges (not including Section 5a), the employee will be placed on a "watch list". a. If the record shows one (1) or more Type A violation(s) in the last three (3) years, the employee shall not be allow~d driving privileges. b. If the record shows two (2) or more Type El violations (separate incidents) in the last five (5) years, the.employee shall not be allowed driving privileges. c. If the record shows four (4) Type C violations or one (17 Type Band three (3) Type C violations in the last)hree (3) years, the employee shall not be allowed driving privileges. 6. If the employee is placed on a "watch list", the following actions will be taken: The employee will meet at least annually with their Department Head and City Management in a counseling session to discuss safety issues, their driving record and be provided safe driving information. The employee will also be notified of the availability of self-help courses such as defensive driving. The employee will also be notified otthe possibility of no longer being eligible or qualified to perform the job for which he/she has been hired. .~ ....:: City Marlagementwill review accidents which have occurred to city vehicles. Reviews will determine preventability and to propose corrective action(s). Any recomm~ation affecting the employment status of an employee is ~ubject to review by and appeal to the City Manager. Section 10. SMOKING POLICY STATEMENT OF PURPOSE To respond to the increasing evidence that second-hand tobacco smoke creates a danger to the health of persons who are present in a smoke-filled environment and to establish City policy to regulate the use of smoking materials by City employees while on duty. A. DEFINITIONS Municipal Facilities: Any building or structure owned or operated by the City of Salina. Smoke: Smoke or Smoking means the lighting of any cigarette, cigar or pipe, or the possession of any lighted cigarette, cigar or pipe, regardless of its composition. Vehicle: Any car, truck, bus or van, owned or operated by the City of Salina, used for conveying persons, supplies, equipment, etc. B. POLICY 1. Smoking is prohibited within any municipal facility of the City of Salina, except 18-4 for the Bicentennial Center, Memorial Hall and the Community Theater. Special rules will be developed regarding smoking at the above listed locations. City employees are prohibited from smoking in any municipal facility, including the above listed locations. 2. Smoking is prohibited in City of Salina vehicles at all times when there is more than (1) one occupant. An individual is allowed to smoke in a vehicle only when he or she is alone, unless that individual vehicle is separately designated as a non-smoking vehicle. Example: City pool car. 3. All existing rules and regulations in place in the Police and Fire Department are still in effect, unless specifically stated otherwise. C. APPLICABILITY This Policy shall apply to ~ employees who are employed by the City of Salina and those who volunteer their services to the City. D. ENFORCEMENT It will be the responsibility of Department Heads and SupBrvisors to enforce this policy on a daily basis. Violations of this policy will be considered a work rule violation and employees will be subject to appropriate discipline. Section 11. RETURN OF CITY PROPERTY Employees are responsible for the return of all City-owned, equipment, motor vehicles,-Jools, supplies, materials, keys, ID cards and othe'r~items of value by the last day of - _employment. To assure that all City property has been returned, an employee's compensation for the last pay period of employment shall not be regarded as earned until all such items have been returned. Accordingly, the employee's pay check for the final pay period will not be issued. F Section 12. CHANGE OF; ADDRESS"OR FAMII:=.Y STATUS In order to keep all records current, an; changes of address, telephone number, family status (marriage, divorce, births, etc.) sHould be reported to your immediate Supervisor and the Human Resources Department within 30 d,ays. Also, if you are enrolled in the city's health/dental insurance program you are required to notify the Human Resources Department of any address or family statu's changes within 30 days.' Section 13. RESPONSIBILITY TO REPORT TO WORK IN ADVERSE SITUATIONS A. AII'employees of the City of Salina will be expected to report to work at their normal work station in inclement weather, disasters and other adverse conditions. B. Employees unable to reach their work stations because of inclement weather, disasters and other adverse situations may utilize vacation leave in lieu of a lost day or day's pay. C. Employees engaged in work directly related to health, safety and welfare of the community will be expected to exhaust every effort in reporting to their work station at the appropriate time. D. In the event city offices are closed, employees will receive pay for actual hours worked prior to closing. Employees may supplement this amount with accumulated vacation time to equal their regularly scheduled shift pay. 18-5 Section 14. IDENTIFICATION CARDS A. Once hired, all classified and regular part-time employees shall be issued a City of Salina identification card. Identification cards will be issued by the Human Resources Department with the exception of the Police Department issuing identification cards to all Police Department personnel. A copy of the card shall be placed in the employee's personnel file. B. Requirements for Carrying, Presentation and Wearing of City Identification Cards: 1. All uniformed personnel including public safety personnel shall have their identification card with them when performing job related duties and shall produce it upon request. 2. All non-uniformed personnel (including personnel wearing City logo casual shirts) shall have their identification card with them wh,en performing job related duties and shall produce it upon request. When working in non-city owned facilities including homes and businesses, outdoors, or in a City facility other than their normal work facility, non-uniformed personnel must display/wear their City identification card between shoulder and waist height with the picture side displayed. 3. Non-uniformed personnel working in the City/County Building shall wear the identification card when working in County offices. Personnel will not be required to wear the identification card when in common meeting rooms. 4. Non-uniformed personnel working in the Law Enforcement Center shall wear the identification card when working outside their assigned department. 5. At the discretion of the department head, employees may be required to wear or carry their City identification card at times in excess of the minimum standard stated above. In nb event shall an employee or department lessen their standard below that stated above. C. All identification cards are the property of the City of Salina and shall be returned immediately upontermination,of employment to the employee's supervisor, expiration of the card to the Human Resources Department, or upon direction of the City Manager or the City Manager's designee. Returned cards are to be maintained in the card holder's personnel file. An employee's final pay may be withheld for failure to return his/her valid identification card upon termination, just as with the return of other city property. D. All cards sheW have an expiration date of five (5) years. Expired cards must be returned prior to the issuance of a new card to the Human Resources Department. New cards shall be issued to employees who change positions or have a name change. The expiration date of cards issued due to position or name changes shall also be five (5) years from the new issue date. E. Employee~s must report a lost card as soon as possible to their supervisor or the Human Resources Department. Arrangements for a new card will be made at that time. A note shall be placed in the employee's personnel file that the employee reported the card as lost. F. Under no circumstances shall an employee use his or her identification card or allow another person, city employee or non-city employee, to use his or her identification card as a form of false identification. 18-6 Section 15. ACCEPTABLE USE ELECTRONIC M/\IL Electronic mail (email) is provided to selected City of Salina employees as a privilege, as determined by their Director, to enable the employee to perform their job responsibilities. ^ . ~. The City of S31in3 h3s the right, but not the duty, to monitor 3ny 3nd 311 3spects of the computer systems, including employee E Mail, to ensure compliance with this policy. B. The computers 3nd computer 3ccounts given to employees 3re to 3ssist them in the perform3nce of their jobs. Employees should not h3ve 3n expect3tion of priv3cy in 3nything they cro3te, send, or receive on the computer. C. Fr3udulent, h3r3ssing, emb3rr3ssing, indecent, prof3ne, obscene, intimid3ting, or other inappropriate material may not be sent by EMail or other form of electronic communic3tion or displ3yed on or stored in the City of S311n3s computers. Anyone encountering or receiving such m3terbl should immedi3tely report the incident to their supervisor. D. Employees of the City of S3lin3 should use the S3me C3ro in dr3fting E M3il 3nd other electronic documents as they would for any"other written communication. Anything cro3ted on the computer m3Y, 3nd likely will, be reviewed by others. E M3il should not be considered confidentbl communic3tion. Employees should be 3W3ro th3t even though they h3ve deleted 3n E'M3il item, the item still m3Y be recovered and read by others. E. Employees choosing to forward, copy or alter E Mail, should do so with care, t3king into consider3tionJhe intent of the sender. F. Without prior written permission, the computer and telecommunication resources 3nd services of the City of S3lin3 m3Y not be. used f-or the tr3nsmission or stor3ge of commercbl or person31 3dvertisements, solicit3tions, promotions, destructive programs (viruses and/or self replicating code), political material, or any other un3uthorized use. / Employees of the,c'ity of Salina are responsible for safeguarding their passv'Iords for the system. Ihdividu31 p3sswords should not be printed, stored online, or giyeD to others. E3ch employee is responsible for 311 tr3ns3ctions m3de using their passwords. Misuse of other employee' passwords may result in disciplinary 3ction. G. H. An employee's ability to connect to other computer systems through the netvvork does not imply 3 right to connect to those systems or to m3ke use of those systems unless specific311y 3uthorized by the oper3tors of those systems. Section 1+~. INTERNET AND ELECTRONIC MAIL USE STATEMENT OF PURPOSE To est3blish 3 policy to ensure the proper use of the Internet 3nd/or World '.!Vide Web for 311 City dep3rtments the following guidelines 3ro est3blishedlnternet -access and/or electronic aR€Ifef electronic m3il (em3i1)mail (email)- is provided to selected City of Salina emplovees as a privileQe, as determined bv their Director, to enable emplovees to perform in their job responsibilities. In order to use the City's intranet access, the emplovee must siQn a City of Salina Internet Acceptable Use AQreement and/or the Electronic Mail Acceptable Use AQreement 3nd/or 3nd Electronic Mail Acceptable Use Polic-yand abide bv the rules and reQulations as determined in such aQreement(s).-:- 18-7 ^ . ~. The City of Salina has the right, but not the duty, to monitor any and all aspects of the computer systems, including employee E-Mail, to ensure compliance with thf~s~ -policyies. B. Tho computors 3nd computor 3ccounts givon to omployoos 3ro to 3ssist thom in tho porf-orm3nco of thoir jobs. Employees should not have an expectation ot privacy in anything they create, send, or receive on the computer. C. Fr3udulont, h3r3ssing, omb3rr3ssing, indocont, profuno, obscono, intimid3ting, or other inappropriate material may not be sent by Email or other form of electronic communic3tion or dispbyod on or storod in tho City of S3lin3's computors. I\nyono oncountoring or rocoiving such m3torbl should immodi3toly roport tho incidont to thoir suporvisor. D. Employoos of tho City of S31in3 should uso tho S3mo C3ro in dr3fting E M3il 3nd othor oloctronic documonts 3S thoy would f-or 3ny othor writton communic3tion. Anything created on the computer may, and likely will, be re'Jiewed by others. E M3il should not bo considorod confidonti31 communic3tion. Employoos should bo 3W3ro th3t ovon though thoy h3vo dolotod 3n E M3il itom, tho itom m3Y still bo rocovorod 3nd ro3d by othors. E. Employoos choosing to fOIW3rd, copy or 31tor E M3il:should do so with C3ro, t3king into considor3tion tho intont of tho sondor. F. Without prior writton pormission, tho computor 3nd tolocommunic3tion rosourcos 3nd sorvicos of tho City of S31in3 m3Y not bo usod f-or tho tr3nsmission or stor3go of commorcbl or porson31 3dvortisomonts, solicit3tions, promotions, dostructivo progr3ms (virusos 3nd/or solf roplic3ting codo), politic31 m3torbl, or 3ny other un3uthorizod uso. G. Employees of the City of Salina are responsible for safeguarding their passwords for tho systom. Indi'Jidu31 p3sswords should not bo printod, storod onlino, or givon to othors. E3ch omployoo'is rosponsiblo for 311 tr3ns3ctions m3do using their passwords. Misuse of other employee's pass\-"lords may result in disciplinary 3ction. I' H. I\n omployoo's,3bility to connoct to othor computor systoms through tho notwork does not imply a right to connect to those systems or to make use of those systoms unloss spocific311y 3uthorizod by tho opor3tors of thoso systoms. k---Interneraccess must initially be approved by the Department Head, City Manager_-and Director of Computer Technology. Section 17Q. SOFTWARE DUPLICATION To establish a uniform policy for all City departments regarding the copying of Personal Computer (PC) software the following procedures are established: A. Any duplication of copyrighted software such as WordPerfect, Lotus, PageMaker, except for backup purposes, is a violation of federal copyright law. Generally, under federal copyright law, the software that is licensed for use on one (1) personal computer (PC) may not be duplicated for use on any other personal computer (PC). B. In certain cases, software companies will allow one additional copy for home use by the employee. If an employee needs to use City supplied software at home, they must receive approval from their Department Director and the Director of Computer Technology. C. Violation of this policy may result in disciplinary action. D. The Director of Computer Technology and the City Manager's Office are 18-8 responsible for oversight of this policy. Section 19Z. PARKING REGULATIONS - CITY-COUNTY BUILDING In order to ensure that there are parking spaces available for the general public the following parking rules apply: A. Off duty employees may park in any parking space as long they comply with the designated time limits. B. During business hours, on duty employees driving personal vehicles may not park in the (15) minute, (30) minute or (3) hour parking zones. Parking is only allowed in the (8) hour zones. This includes those times when" I am only going to be in the building for a few minutes." C. Employees driving marked City vehicles should first attempt to park on the ramp on the north side of the building. If parking spaces are not available, employees should park in the (3) or (8) hour parking zones. Use'your own discretion, if the (3) hour area is nearly full, walk a little further. Parking is not allowed in the (15) or (30) minute parking zones. D. Employees assigned parking in the lot located at the southeast corner of Ash and 7th Street are required to park in this lot during business hours. If, for any reason, an employee needs to be reassigned parking, they should contact the City Manager's Office. Failure to comply will be considered a work rule violation and appropriate discipline will be enforced. If you have any questions, please contact your Department Head. Section 19~. WORKPLACE VIOLENCE F The City of Salina is committed to providing, in so'far as it reasonably can do so within available resources, a safe environment for working and conducting business. The City won't tolerate acts of violence committed by or against city employees, or members of the public while on City of Salina property or while performing City of Salina business at other locations. / The word violence in this policy shall mean any act or behavior that: · is physically assaultive;, · a reasonable person would perceive as obsessively directed, e.g. intensely focused on a grudge, grievance or romantic interest in another person and reasonably likely to result in harm or threats of harm to people or property; · consists of a communicated or reasonably perceived threat to harm another individual or in any way endanger the safety of an individual; · would be interpreted by a reasonable person as carrying potential for physical harm to the individual; · a reasonable person would perceive as menacing; · may involve carrying or displaying weapons, destroying property or throwing objects in a manner reasonably perceived to be threatening; or · consists of a communicated or reasonably perceived threat to destroy property. Violent actions on city property, in city facilities or while on city business won't be tolerated or 18-9 ignored. Any unlawful violent actions committed by employees or members of the public while on city property or while using city facilities will be prosecuted as appropriate. The city intends to use reasonable legal, managerial, administrative and disciplinary procedures to secure the workplace from violence and to reasonably protect employees and members of the public. A. Possession and Use of DanQerous Weapons bv Emplovees In the interest of maintaining a workplace that is safe and free of violence, except as hereinafter provided, possession or use of a weapon is prohibited on city property or in city vehicles. B. DanQerous Weapons Defined A dangerous weapon is any instrument capable of producing bodily harm, in a manner, under circumstances and at a time and place that manifests an intent to harm or intimidate another person or that warrants alarm for the safety of another person. C. Exceptions to DanQerous Weapons Prohibition Employees of the City of Salina may possess a firearm on city property if engaged in military or law enforcement activities.:. NothinQ in this policv shall be construed to limit emplovees' riQhtsunder the FamilyandPersonaIProtectionAct,K.S.A. 75~'7cOl, et seq. D. Responsibilities All employees are responsible for: 1. Refraining from acts of violence ana for seeking assistance to resolve personal issues that may lead to act of violence in the workplace. 2. Reporting to managers and supervisors any dangerous or threatening situations that occur in the workplace. E. Procedures for DealinQ'With Acts of Workplace Violence When a violent a'Ct occurs: 1. If the act or altercation constitutes an emergency, call 9 1 1. I n instances that aren't emergency situations, contact your immediate manager or supervisor. When 9 11 is contacted, contact an immediate supervisor. 2. In instances that it's not appropriate to refer an incident to the police department, the Human Resources Director or the City Manager will evaluate the incident and make a recommendation regarding the need to conduct an investigation. If a recommendation to conduct an investigation is made, the Human Resources Director or the City Manager will coordinate the investigation process. Section 2G.lil. CELLULAR MOBILE PHONE USE The City of Salina may provide collul3r mobile phones to employees with a justified and proven need for mobile communications. Employee requests for cellularmobile phones must be submitted to the City Manager's Office for review. City owned collubrmobile phones should be used only for city government business and must be used in compliance will all applicable city policies. When at all possible, employees shall refrain from placing collubr calls or using a collubrmobile phone while driving a city vehicle. If a mobilecollubr phone is to be used while driving the following safety rules shall be followed. 18-10 · Immediately determine if the vehicle can be safely driven off the road and parked in an appropriate location for the remainder of the conversation. · Never take notes, look up phone numbers, look away from traffic or be distracted in any way. · Immediately suspend any call if driving in heavy traffic or hazardous weather conditions. An emplovee whose position requires him or her to carry a cellular phone has the option of receivinQ a stipend from the City of Salina for the use of a personal cell phone in lieu of beinQ issued a separate City phone, provided the emplovee siQns the City of Salina Mobile Phone Stipend aQreement and abides bv the policies in such aQreement. Section 2.+Q. DUTY TO REPORT ARREST Employees, as soon as practical, must report any non-traffic misdemeanor or felony arrest to his/her supervisor. Arrests for traffic violations must be reported in accordance with Section 9 of this article. The Employee's supervisor shall by the next regular business day report the information to the department head, who shall the same day report the information to the City Manager's Office. Section 2~1. CONFIDENTIAL INFORMATION City of Salina employees have access to an. abundance of organizational and personal information that is considered private, confidential, or sensitive. Examples of confidential information include, but are not limited to: law enforcement arrest and criminal activity information, medical and health information, passwords, financial information, personal identification information, regulatory enforcement information, civil defense informati<3,n, erpployment information, plans and designs, information considered 'closed record' by state statutes, and other related information. Employees' access to confidential information shall be strictly limited to that information which is needed to perform assigned duties. All employees are expected to hold confidential information in the strictest confidence, whether such information is in written, electronic or spoken form. Such information shall only be reviewed~'retained and/or discussed in private, and only for work-related purposes. An inaPPlopriate release of confidential information by an employee shall result in disciplinary action up t04 and including termination. All questions regarding the use and handling of confidential information, and all public or employee requests for such information shall be immediately fOI\i\l.arded to the Assistant City Manager. 18-11 December 2007 ARTICLE 20 "Grievance Process" A grievance is defined as a complaint about any policy, rule, regulation or treatment that an employee feels is unfair. A Qrievance does not include performance evaluation appeals. The grievance must follow the chain of command and be submitted in writing using the Grievance Reporting Form. For a copy of the form, contact your Supervisor or the Human Resources Department. The grievance shall be first presented to the immediate supervisor with a copy provided to the Department Head. The employee should try to suggest a solution to the grievance. The supervisor must respond to the grievance within five (5) working days. If~the employee rejects the supervisor's response, the supervisor shall forward the grievance through the chain of command. If the grievance is not resolved at any intermediate step in the chain of command, it must be forwarded to the next succeeding level of supervision within five (5) working days. bEach supervisor, within the limits of their authority, shall attempt to resolve the grievance rather than merely sending it to the next level of supervision. If any employee is unable to resolve the grievance through the chain of command within the department, then the employee shall have the option to present the grievance to the City Manager or their designee. The City Manager mayor may not meet with the employee to discuss the grievance. If the City Manager chooses to have a meeting with the employee, the employee with advance approval, may invite another individual to attend the meeting. If the individual is a city employee, they will be considered on, paid status if the meeting is during their normal work schedule. The City Manager's decision will be given to the employee in writing. The decision by the City Manager is final. In no case shall an employee or a group of employees take a grievance to the City Commission or to any individual City Commissioner. If the grievance is in the area of equal employment opportunity an employee should first utilize the grievance procedure provided through the chain of command. Also, the employee may file a complaint with the Kansas Human Rights Commission. 20-1 December 2004Z ARTICLE 23 "Discipline" Section 1. GENERAL It shall be the responsibility of all supervisors and department heads to reasonably and impartially supervise and, when necessary, discipline or recommend disciplinary action for the personnel assigned to them. Methods or forms of discipline shall be limited to those of reprimand, suspension, reduction in pay, demotion, dismissal or any combination of these. In any case of disciplinary action (except a verbal reprimand), the supervisor or department head shall be responsible to submit a written report through the chain of command. Such report shall be made with the employee's knowledge. The employee shall~be required to read and requested to sign the report. This is not to imply that the employee agrees with the report, but rather to assure that the employee is aware of the contents of the report.. -In the event the employee refuses to do so, a notation to that effect shall become a part of the report. As the report progresses through the chain of command, each'supervisor and department head shall be responsible for adding a written acknowledgment of having,received the report and shall supplement it with opinions and recommendations prior to forwarding it to the next level of command. , Department heads may impose disciplinary-actions including reprimands or suspensions not exceeding five (5) working days without prior approval of the City Manager. All other disciplinary actions shall be by approval of the City Manager. All supervisors and department heads shall exercise good judgment and discretion in taking or recommending disciplinary action. They shall endeavor to insure that the extent of the penalty is not unreasonable or excessive in relationship to the seriousness of the violation or circumstances for which the employee is being.penalized. In taking or recommending disciplinary action of any type, supervisor,s and department heads shall do so on the basis of what is best for the department, the City of Salina and its employees. Section 2. GROUNDS FOR DISCIPLINARY ACTION The following are examples of grounds which warrant disciplinary action for any employee in the service of the City of Salina. However, disciplinary action may be taken for reasons other than those herein,enumerated: A. APPEARANCE 1. refusal or failure to comply with departmental requirements related to wearing apparel, personal appearance, hygiene and safety; B. ATTITUDE 1. is unable or unwilling to get along with superiors, co-workers, or the public, or persists in exhibiting a negative or uncooperative attitude toward the job; C. CONDUCT 1. being under the influence of intoxicating beverage or controlled substances while on duty; 2. consumption of intoxicating beverage or illegal use of controlled 23-1 substances while on duty; 3. offensive conduct or language toward the public, toward City officers or employees; 4. has participated in conversation or activity which tends to create conflict or in any way jeopardizes or adversely affects or influences the performance, operation, supervision or management of any department or the municipal organization; D. DAMAGES OR NEGLECTS EQUIPMENT OR PROPERTY 1. causes damage to or is negligent in the care or operation of City-owned equipment or property; E. DISHONEST, UNFAIR OR DISCRIMINATORY STATEMENTS OR ACTIONS 1. has favored or discriminated against any applicant for employment or employee because of age, race, religion, color, national origin, ancestry, sex, marital status or physical disability, except for a bona fide occupational qualification; 2. has willfully or corruptly deceived or obstructed any person in respect to that person's right to apply for or take part in any test or procedure related to employment or advancement; 3. has knowingly ancfwillfully: . provided or accepted information, for unauthorized use, in,examinations relatedCto hiring or promotions; furnished false inform'ation for the purpose of either improving or jeopardizing the prospects or chances of a person being considered for appointment or advancement; committed any act which interferes with or compromises the standlrd or equality of established hiring and/or promotional practices; 4. has knowingly falsified information on a job application or other required personnel form; 5. has knowingly falsified any City form, document or work record. 4-4-06. has in,appropriately used a city identification card. F. INSUBORDINATION 1. fails or refuses to carry out any reasonable, just and legitimate instruction or order of superiors; 2. has willfully violated any of the provisions of the rules and regulations of the City of Salina; G. JOB PERFORMANCE 1. unexcused tardiness or absenteeism; 2. has willfully delayed, slowed down, stopped, hindered, obstructed or prevented any employee in the proper and expedient performance of job duties; 23-2 3. has intentionally and deliberately delayed, prolonged, slowed down or procrastinated in the performance of job duties; 4. has influenced or attempted to influence any employee to delay, slow down, procrastinate or in any way fail to properly carry out job duties; 5. is unreliable, neglectful, unfit, incompetent, unwilling, or incapable of fulfilling or carrying out assigned duties and responsibilities; H. PHYSICAL FITNESS 1. has intentionally or by neglect refused or failed to maintain the standard of physical fitness required for performing assigned job; I. SAFETY 1. has ignored, violated or failed to observe rules of safety or has refused or failed to employ safe working practices, thereby jeopardizing personal welfare or that of other persons, or causing damage to'or destruction of public or private property; J. VIOLATION OF A CITY ORDINANCE, STA'TE OR FEDERAL LAW 1. has induced or attempted to induce any public official or employee to commit an illegal act or to act,in violation of any department or municipal regulation; 2. has been convicted of a felony crime or misdemeanor offense which might adversely reflect on or create doubt about the moral character, credibility or reliability of the employee; 3. an employee charged with a criminal offense may be suspended pending a full investigation and/or adjudication. '" ':. K. USE OF POSITION OR JOB RELATED KNOWLEDGE FOR PRIVATE GAIN 1. has sought, received, or given any gratuity (in the form of compensation, entertainment, trips, gifts, favors or otherwise) of any "significant value" from or to those who have or seek business dealings with or received service,from the City of Salina. 2. " has, in any way, used their position, influence, or job related knowledge for wivate gain for themselves or others. Section 3. FORMS OF DISCIPLINE A. REPRIMAND Supervisors and/or department heads may verbally reprimand employees for violations of municipal or department rules. Verbal reprimands shall be made in a civil, constructive, businesslike manner. Written reprimands for violation of municipal or department rules shall be forwarded to the Director of Personnel to be made a part of the employee's personnel file. Repeated or multiple reprimands may be cause for more severe disciplinary action. Supervisors and/or department heads, utilizing a reprimand as a discipline tool, shall endeavor to do so with reason. Reprimands should not only admonish or warn the employee, but also lead, guide, direct and instruct the employee in how to correct and avoid repeating the mistake, infraction or deficiency. 23-3 Reprimands may not be appealed. Concerns over a reprimand should be addressed through the grievance process. Further, the employee may submit a written statement of response to the reprimand which shall be attached to the reprimand in the personnel file. The employee shall receive a copy of the reprimand. B. SUSPENSION A department head may suspend an employee for just cause with the approval of the Human Resources Director. A supervisor may recommend suspension to the department head. The time during the suspension shall be without pay for a period of time not to exceed five (5) working days", or three (3} shifts for 56 hour employees. Employees on suspension during a City or special holiday shall be compensated for such holiday. The holiday shall not be considered a day of suspension. Employees may not elect to use their personal leave day during a period of suspension. The department head may extend the suspension of an employee beyond five (5) working days, or three (3} shifts for 56 hour employees, with approval of the City Manager. I A written report on all such suspensions shall be promptly forwarded to the City Manager by the department head to subsequently be filed in the employee's personnel file maintained by the Human Resources Director. The employee shall receive a copy of the written report. An employee who is suspended shall be advised of the action, the reason and the duration within 24 hours of the effective date of such action. , The following are examples of grounds for an employee to be suspended; however, an employee may be suspended for reasons other than those herein enumerated, when deemed appropriate by the department head and/or City Manager: violation of or noncompliance with municipal or department rules or regulations; absenteeism; insubordination; abuse, misuse or neglect of City-owned equipment or facilities;lhas.been charged with or under investigation for committing a felony crime or a misdemeanor offense involving moral turpitude. C. REDUCTION IN PAY An employee may receive,a reduction in pay not to exceed one salary step as a form of disciplinary action. This form.of disciplinary action shall be by written recommendation of the department head and approval of the City Manager. A supervisor may recommend a reduction in pay to the department head. A reduction in pay may be imposed for any of, but not limited to, the following reasons: incompetence, unreliability or-neglect of duty; absence without leave; insubordination or serious breach of discipline; willful violations of written rules or regulations; intoxication or consumption of intoxicating beverage while on duty; neglect or misuse of City-owned equipment or facilities; causing or contributing to conflict between employees; offensive conduct toward the public, City officers or other employees; being under the influence or illegal use of controlled substances while on duty; falsification of an employment application or any type report; abuse or improper use of authority. D. DEMOTION An employee may be demoted to a lower paying classification as a form of disciplinary action. This form of disciplinary action shall be by written recommendation of the department head and approval of the City Manager. A supervisor may recommend the demotion of an employee to the department head. A demotion may be imposed for any of, but not limited to, the following reasons: incompetence, unreliability, or neglect of duty; insubordination or serious breach of discipline; willful 23-4 violation of written rules, policies, or regulations; intoxication or consumption of intoxicating beverage while on duty; neglect or misuse of City-owned equipment or facilities; causing or contributing to conflict between employees; offensive conduct toward the public, city officers or other employees; being under the influence or illegal use of controlled substances while on duty; falsification of an employment application or any type of report; abuse or improper use of authority; conviction of a violation of the law other than minor traffic offenses. E. DISMISSAL Any employee may be dismissed for just cause. Such action shall be taken only when other forms of disciplinary action or penalties are deemed inappropriate or have proven ineffective. This form of disciplinary action shall be exercised by written recommendation of the department head and approval of the City Manager. A supervisor may recommend the dismissal of an~employee to the department head. An employee may be dismissed for any of, but not limited to, the following reasons: incompetence, unreliability or gross neglect of duty; insubordination,or serious breach of discipline; willful violation of written rules, policies or regulations; intoxication or consumption of intoxicating beverage while on duty; neglect or misuse of City-owned equipment or facilities; causing or contributing to conflict between employees; offensive conduct toward the public, city officers or other employees; being under the influence of or illegal use of controlled substances while on duty; falsification of an employment application or any type of.report; abuse'or improper use of authority; conviction of a felony crime or misdemeanor criminal offense. Section 4. APPEALS OF DISCIPLINARY ACTION Any employee, except a newly hired probation employee, shall have the right to appeal any disciplinary action except reprimands. Concerns over a reprimand should be addressed through the grievance process. Any such appeal shall be submitted in writi'ng by the employee within three (3) working days following notification' of the action (weekends and holidays excluded). The appeal shall be submitted to the Human Resources4Director. For suspensions-,_five (5) working days or less, or three (3} shifts for 56 hour employees, an employee must first appeal the disciplinary action to the City Manager. An employee not satisfied with the City Manager's decision may subsequently appeal that action to the Disciplinary Advisory Board. .. For other serious disciplinary actions, including suspensions longer than five (5) working days or three (3} shifts for 56 hour eroployees, reduction in pay, demotion and dismissal, a hearing must be held with the City Manager. Following that hearing, the employee may request a hearing before the Disciplinary Advisory Board. The course of review shall be commenced within three (3) days (weekends and holidays excluded) following receipt of the appeal by the Human Resources Director. Section 5. DISCIPLlNAR,v ADVISORY BOARD The City's Disciplinary Advisory Board exists for the purpose of hearing employee appeals in disciplinary actions and making recommendations to the City Manager in such cases. The Board serves only in an advisory capacity to the City Manager. The Board's recommendations shall not be binding upon the City Manager. The Board of Commissioners of the City of Salina appoint the Disciplinary Advisory Board, composed of nine (9) residents of Salina. Appointees serve a term of three (3) years. Upon receipt of a complaint, the Human Resources Director, in the presence of the aggrieved employee, shall, within three (3) days (excluding weekends and holidays), select by lot three (3) names from this panel to act as an appeal committee. The employee and the department head involved shall each have one (1) challenge to replace any of the original three members 23-5 selected. Any committee member may refuse to serve on a committee. After selection, the committee shall designate the time and place of the hearing and notify the employee and the department head to appear and bring all pertinent records. Either party may call such witnesses as they desire. The hearing shall be held as soon as practical, considering the preparation needs of the parties involved. The committee shall submit their recommendations and finding to the City Manager within five (5) days (excluding weekends and holidays) after conclusion of the hearing. The City Manager shall make the final decision within five (5) days (excluding weekends and holidays) after receipt of the report and recommendations from the appeal committee. The employee, the department head and the committee members shall receive a copy of the final decision, which shall be placed in the employee's personnel file. The City Manager's decision shall be final. A No one employee shall be permitted to appear before any of the same'three committee A ~ members more than once. AA A A A A A A A A , , 23-6 Novombor +9980ecember 2007 ARTICLE 24 "Separation and Reinstatement" Section 1. REDUCTION IN WORK FORCE - LAYOFF The City Manager may separate any employee without prejudice because of lack of funds, curtailment of work, reorganization or reassignment of responsibilities. Any employee being laid off shall be given at least two (2) weeks advance notice. Whenever a classified position is abolished or a reduction in force becomes necessary, layoffs shall be accomplished in the following manner: A. The first employees to be laid off shall be those designated as temporary, part- time or probationary; B. Second shall be those employees who received a,rating of "below average" or "unsatisfactory" on their last performance'evah..!ation; C. The remainder of employees shall be retained on the basis of those who, in the opinion of the department head, are best qualified to perform the work. , Employees who have been laid off and:who had a satisfactory or above rating at the time shall have priority, in reverse order of termination, for rehiring within one (1) year to a position having the same or lower classification for which the individual is qualified. A former employee who was laid off due to reduction in work force and who is considered for reinstatement within one (1) year shall be exempt from all required tests, other than a physical examination. A former employee rehired within one (1) year after being laid off due to reduction in work force shall be credited with tenure, sick leave and retirement benefits earned prior to termination, subject to laws or regulations controlling the particular retirement plan. Section 2. ABSENT WITHOUT LEAVE Any,employee who fails to report to work as scheduled without authorization from the supervisor or department head shall be considered to be absent without leave. The period'of tim~an employee is absent without leave shall not be eligible for pay. Provided, in the case of illness, injury or emergency confirmed to the satisfaction of the department head, the period of absence may be charged to sick leave or accrued vacation. Any employee who is absent without leave may be subject to disciplinary action. Section 3. RESIGNATIONS Employees shall be considered to have resigned in good standing if they have given the department head and/or City Manager advance notice as follows: employees should attempt to give at least two (2) weeks notice, not including vacation time; provided, other circumstances related to the termination and the employee's performance record are such as to justify good standing. However, at the discretion of the department head and/or City Manager, the above preferred periods for notice of resignation may be waived; in which case the employee's record 24-1 shall indicate "employment terminated in good standing." The above stated periods of preferred notice for resignation shall not include accrued vacation time, unless a waiver so stating is approved by the department head and/or City Manager. In addition to QivinQ proper notice, to be considered in Qood standinQ, the emplovee must not: a) Be on unpaid suspension durinQ resiQnation: b) Have pendinQ discipline likelv resultinQ in termination: c) Have failed to meet OrQanizational Values durinQ two consecutive annual performance evaluation periods or more than two times durinQ a five year period. d) Have committed fraudulent or illeQal acts aQainst the City e) Have City property issued to the emplovee still in his or her possession. Section 4. JOB ABANDONMENT An emplovee who fails to report to work without notice to a supervisor for more than three (3) consecutive workinQ days will be considered to have abandoned his orher position and voluntarilv resiQned as of the beQinninQ of the fourth workinQ dav. Prior to makinQ a determination reQardinQ job abandonment. the emplovee'ssupervisor or department head will attempt to contact the emplovee prior to the voluntarv resiQnation desiQnation to ensure there are no extenuatinQ circumstances pre,~ent. The City ManaQer may reinstate the emplovee if theemPlovee is able to demonstrate that extenuatinQ circumstances interfered with the ability to communicate and/or notify the supervisor as to the reason for the absence. Section 4. REEMPLOYMENT AFTER RESIGNNTION" A former employee who had-resigned in good standing and the effective date of his or her tReH:-reemployment is ninety (90) days or less following the effective date of theif resignation shall be considered as being qualified forthe same or a comparable classification. Such an applicant shall be exempt from all requiredtests~ other than a physical examination, drug test and completion of an employment application. The applicant for reemployment shall also be exempt from the probationary period and may be,reinstated at a salary corresponding to that which the employee was receiving at the time of ,termination. An employee so reinstated shall be credited with tenure, sick leave and retirement benefits earned prior to termination, subject to laws or regulations controlling the particular retirement plan. , A former employee who had resigned in good standing and the effective date of their reemployment is more than ninety (90) days following the effective date of their resignation shall be considered a new,applicant and shall receive no credit for prior service in calculating employee benefits. Provided, in exceptional cases,I -the City Manager may grant reasonable whatever waivers to the above requirements in terms of rehirinQ/reinstatinQ former emplovees. doomod re3son3blo 3nd rohire tho 3pplic3nt 3t 3n 3pproprbto s3bl)'. 24-2 RESOLUTION NUMBER 07-6465 A RESOLUTION AMENDING ARTICLES 2, 3, 8, 9,16,17,20,23, AND 24 OF THE CITY OF SALINA PERSONNEL MANUAL. WHEREAS, the City of Salina Personnel Manual is routinely reviewed to ensure legal compliance and to make necessary changes based on employee and management staff input; and WHEREAS, on an interim basis, administrative interpretations are made until appropriate revisions can be made by resolution. SO NOW THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. That Article 2 of the City of Salina Personnel Manual is hereby amended to read as follows: "ARTICLE 2 "Definitions" ANNIVERSARY DATE The first day of the pay period coinciding with or following an employee's date of employment. An employee's anniversary date does not change when an employee receives an early merit increase or a delayed merit increase. CHAIN OF COMMAND The line of responsibility and authority beginning with the City Commission and descending through the City Manager, depaliment heads, assistants, various levels of supervision and ending with non- supervisory employees. CLASSIFICATION The assignment of a posItIOn to an appropriate class on the basis of the kind, difficulty and responsibility of work to be performed. CLOTHING ALLOWANCE Funds approved for the purchase and maintenance of required uniforms and/or uniforms issued and replaced in accordance with departmental regulations. COMPENSA TION Salary and other benefits afforded employees for performing assigned responsibilities. DA TE OF EMPLOYMENT The effective date as listed on the personnel action form. DEP ARTMENT HEAD A director, administrator or officer in charge of a depaliment or depaliments, appointed by and serving at the pleasure of the City Manager. EMERGENCY A sudden and unforeseen happening that requires the unscheduled services of an employee to protect the health, welfare and safety of the community or to carry out the responsibilities of the department. EMPLOYEE - CLASSIFIED FULL-TIME An employee in a position established, by the official pay plan, that requires 40 or more hours per week on a regular year-round basis. EMPLOYEE - CLASSIFIED PART-TIME An employee in a position that requires 20 or more but less than 40 hours per week on a regular year- round basis. This employee is eligible for certain employee benefits. EMPLOYEE - INTERMITTENT An employee in a position that works an irregular schedule which is determined by the fluctuating demands of the work and is generally not predictable. Such employees work on as needed basis, usually for special events. EMPLOYEE - REGULAR PART-TIME An employee in a position that requires less than 20 hours per week on a regular year-round basis." EMPLOYEE - TEMPORARY/SEASONAL An employee in a position that works on a temporary basis, for a specific purpose or program. For example, recreational employees who only work during fair weather months at the pool. Generally, work does not exceed five (5) calendar months during a year. EMPLOYEE - UNCLASSIFIED An employee whose pay in the Official Play Plan as adopted by the City Commission lists a pay range outside of the established pay grades. GRIEVANCE A disagreement relating to employment and working conditions or relationships between an employee or a group of employees and supervisor. MANAGEMENT OFFICIALS Any appointed officer charged by law or ordinance with major policy, administrative, management or enforcement responsibilities. MERIT INCREASE Salary increases granted on the basis of job performance. OFFICIAL PAY PLAN ADmSTMENT Increases or decreases to the salary schedule predicated on inflation information and depending upon the City's financial capability to make such adjustments. PERSONNEL FILE The official file of each employee maintained by the Human Resources Department. All records, reports and other material entered into such files are and shall remain the property of the City of Salina. PROBA TIONARY EMPLOYEE An employee in the process of serving the required probationary (or trial) period. PROBA TIONARY PERIOD A test or trial period during which a newly appointed employee is required to demonstrate ability and willingness to adequately perform the duties of the job. SUPERVISORY EMPLOYEE Any employee having authority, in the interest of the employer, to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend a preponderance of such actions, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. SENIORITY DATE First day of the month coinciding with or following date of employment. This date is utilized for determining various employee benefits. An employee's seniority is not adjusted except for when an employee has been on unpaid leave of absence for more than 60 consecutive days. Section 2. That Article 3, Section 3 of the City of Salina Personnel Manual is hereby amended to read as foIl ows: "Section 3. PHYSICAL EXAM As part of the City's employment procedures, an applicant may be required to undergo dmg screening, and for certain positions a post-offer, pre-employment medical examination that is conducted by a physician designated by the City Manager or his or her designee. Any offer of employment that an applicant receives from the City is contingent upon, among other things, satisfactory completion of this screening and examination and a determination by the City and its examining physician(s) that the applicant is capable of performing the essential functions of the position that has been offered, with or without a reasonable accommodation. As a condition of continued employment, employees may also be required to undergo periodic medical examinations, dmg screenings, and/or alcohol screenings at times specified by the City as consistent with applicable laws. In connection with these examinations, employees are required to provide the City with access to their relevant medical records, if requested. All company-required medical examinations and alcohol and dmg screenings are paid for in full by the City. Questions about medical examinations or alcohol and dmg screenings should be directed to your supervisor or the Human Resources Department. Further information about the City's Dmg Testing Policy can be found in this handbook at Article 19, Section 2." Section 3. That Article 8, Sections 3 and 5 of the City of Salina Personnel Manual are hereby amended to read as follows: "Section 3. MERIT SALARY INCREASES Salary ranges for all municipal positions are contained in the Official Pay Plan adopted by the City Commission. Each job classification has a minimum and a maximum salary level. All increases are to be granted strictly on a merit and fitness basis and are not to be considered automatic. In order to be recommended for a merit increase, an employee must demonstrate the Organizational Values and receive an overall performance rating that indicates he or she has met the supervisor's expectations. If the employee has exceeded his or her supervisor's expectations, the supervisor and Department Head may recommend an additional increase. The Department Head shall submit recommendations for merit increases in written form to the Human Resources Director for approval. The final decision on granting the increase may be subject to the approval of the City Manager. In those instances where increases are not granted, the increase may be recommended at any subsequent evaluation if the Organizational Values have been demonstrated and performance meets expectations. However, the increase will not be retroactive. Such recommendation shall be forwarded to the Human Resources Director through the usual processes as explained above. Denial of a merit increase due to job performance does not constitute disciplinary action. The City shall not be obligated to grant merit increases if the funds are not available and budgeted." "Section 5. PERFORMANCE EVALUATION APPEAL PROCESS If an employee believes that the rating(s) received on an evaluation do not accurately reflect performance or feels that he or she was unjustly denied a merit increase for failure to demonstrate the Organizational Values, a written appeal may be submitted to the Human Resources Department. The appeal must be submitted within ten (10) working days after receiving the written performance review. Upon receipt of the appeal, the Human Resources Director will schedule a meeting with the employee, relevant supervisory staff, and the City Manager to review the information within ten (10) working days. The City Manager's decision is final." Section 4. That Article 9 of the City of Salina Personnel Manual is hereby amended to read as follows: "ARTICLE 9 "Promotion, Transfers, Demotions and Reclassifications" Section 1. PROMOTION It is the policy of the City to fill all vacancies for skilled, supervisory and upper-level positions from the ranks of present employees, whenever possible and practical, consistent with the city's obligation to fill public employee positions with the best qualified candidates, and consistent with equal opportunity and affirmative action requirements. All employees seeking promotion shall be expected to meet the qualifications for the classification to which they seek promotion. Employees shall be made aware of promotional opportunities by notices on department bulletin boards. The Human Resources Director shall promptly distribute such notices to all department heads as soon as the position becomes available. A. Definition: A title change in and of itself does not constitute a promotion. In order to be considered a promotion, the following criteria must be satisfied. 1. The employee is moving to a new, more responsible job with increased responsibilities. 2. The position must be at least one salary grade higher. 3. The position the employee is moving into must be in the same established j ob family (e.g., Maintenance Worker I and Maintenance Worker II). B. Procedures for Promotions: A higher pay grade position must be vacant in an established job family (e.g., Maintenance Worker I and Maintenance Worker II). Filling a vacancy by promotion may occur without public job advertisement with the approval of the City Manager. Vacancies can exist when: a. An incumbent leaves a position. b. New positions are added in the annual budget process. C. Effect on Employee: Promoted employees are similar to newly hired employees with respect to probationary requirements and performance and merit increase review schedule. Probationary Period: All employees will serve the applicable probationary period beginning from the date of promotion during which their fitness to perform the duties of the new position will be evaluated by their supervisor. Salary Rate: The Department Head may place the promoted employee at or above the minimum entry level of the new salary range, depending on the employee's qualifications for the new position. Demotion During Probation: Promoted employees who cannot satisfactorily perform in the new position may be demoted at any time during the probation period and returned to their previous position or a reasonably comparable position, provided such an opening is available. Performance and Merit Increase Review Schedule: The promoted employee's anniversary date will be adjusted to reflect the date of the promotion. The promoted employee will be eligible for a performance and merit increase review after 12 months and annually thereafter. D. Qualifications for Promotion All promotions shall be on the basis of merit and fitness determined by competitive, written examinations and/or interviews, wherever practical, and with consideration of the employee's total work record. All tests, interviews and other methods of determining qualifications for promotions shall be related to the job for which the employee is being considered. All promotions shall be recommended by the department head and subject to approval of the City Manager. Section 2. TRANSFERS Every employee has the privilege of requesting a transfer at any time there exists a vacancy for which the employee desires consideration. This does not restrict the City's right to make a non-requested lateral transfer or assignment when deemed in the City's best interests. It shall be the responsibility of every supervisor and department head to give deliberate and impartial consideration to each such request within their respective departments. The Human Resources Director, department heads and supervisors of all departments shall see that notices of all vacancies within the municipal organization are promptly posted so that every employee may have the opportunity to make application. Personnel action forms shall be signed by both department heads involved in the transfer, if applicable, with final approval by the City Manager. Any employee who transfers from one position to another shall be entitled to retain all accrued sick leave, vacation leave and other such earned fringe benefits. Provided, eligibility to transfer from one retirement program to another shall depend on the relevant state laws or regulations regulating the programs. A. Definition: There are two types of transfers - lateral transfers and non-lateral transfers. A lateral transfer is the movement of an employee from one position to another within the same pay grade. A non-lateral transfer is the movement of an employee from one position to another with a higher or lower pay grade. B. Effect on Employee: Transferred employees are similar to newly hired employees with respect to probationary requirements and performance and merit increase review schedule. Probationary Period: All employees will serve the applicable probationary period beginning from the date of the transfer during which their fitness to perform the duties of the new position will be evaluated by their supervisor. The probationary period may be waived by the City Manager. Salary Rate: The Department Head may place the transferred employee at or above the minimum entry level of the new salary range, depending on the employee's qualifications for the new position. Demotion During Probation: Transferred employees who cannot satisfactorily perform in the new position may be demoted at any time during the probation period and returned to their previous position or a reasonably comparable position, provided such an opening is available. Performance and Merit Increase Review Schedule: The transferred employee's anniversary date will generally be adjusted to reflect the date of the transfer. The employee will be eligible for a performance and merit increase review after 12 months and annually thereafter. Section 3. DEMOTIONS A. Definition A demotion is a downward movement of an employee from one position to another within an established j ob family (e.g., Maintenance Worker I and Maintenance Worker II). which may be due to inability to satisfactorily perform assigned duties, for disciplinary reasons or during periods when it is necessary to layoff employees due to lack of work or funds. If an employee requests to be placed in a position at a lower pay grade within an established job family, this will be considered a non-lateral transfer. B. Effect on Employee: When a demotion is for failure to perform satisfactorily in the position to which the employee was promoted, he/she may return to the previously held position or a reasonably comparable position, provided such an opening is available. The probationary period may be waived by the City Manager. When an employee is demoted into a position that he/she has not previously held, the employee will serve the applicable probationary period beginning from the date of demotion during which his/her fitness to perform the duties of the new position will be evaluated by their supervisor. The probationary period may be waived by the City Manager. The employee's anniversary date will generally be adjusted to reflect the date of the demotion. The employee will be eligible for a performance and merit increase review after 12 months and annually thereafter. If the employee's pay in the current position exceeds the maximum in the demoted position, his/her pay will be reduced to that maximum or a lower level in the new range, as determined by the Department Head. The employee's anniversary date will generally be adjusted to reflect the date of the demotion. The employee will be eligible for a performance and merit increase review after 12 months and annually thereafter. Section 4. RECLASSIFICATIONS A. Definition: A reclassification is the re-evaluation and reassignment of a position to assure that the pay plan accurately reflects the worth of the position. A position may be reassigned either upward to a higher pay grade or downward to a lower pay grade. Reclassification is an action taken to recognize one of two conditions. 1. The duties, responsibilities and qualifications of an existing position have substantially changed over time to the extent that the position no longer resembles others of its class. 2. Labor market conditions as evidenced by the City's recruitment and retention experience and verified by salary survey data indicate a need to re-evaluate a position's location in the pay plan. The preferable method of altering departmental personnel allocations is through the budgetary process, thereby allowing the City Commission to review the staffing request. The reclassification process should not be used to reward an employee who is performing well in a properly classified position but who possesses potential to perform in a higher level position which the City does not need. It is also inappropriate to use reclassification to provide additional salary growth to an employee who has reached the top of his/her salary grade. In other words, reclassification should not be used in place of a promotion. An employee who is performing extremely well may be rewarded by promotion, if a vacancy exists, up through the class series (e.g. Maintenance Worker I to Maintenance Worker II) but this should not be considered a reclassification. Reclassifications are distinguished from promotions in the following manner: 1. A promotion is the upward movement of an employee into an existing position in a higher pay grade. 2. A reclassification is the upward or downward movement of a job. B. The Reclassification Process: A Department Head wishing to reclassify a position should develop written j ustification for the request and submit this to the Human Resources Director for review. The Human Resources Director will develop a recommendation concerning the proposed reclassification which is submitted to the City Manager. The City Manager will review the reasons for the request and the recommendation from the Human Resources Director before making final determination on the reclassification. C. Effect of Reclassification Changes on Incumbent: Employees holding positions designated for reclassification who are performing the duties of the new position at the time of the reclassification will be reclassified with the position. Employees holding positions designated for reclassification who are not performing the duties of the new position at the time of the reclassification will not be reclassified with the position. Under these circumstances, the incumbent employee may apply for the newly reclassified position. If the incumbent employee is not selected to fill the new position, he/she will be eligible to be demoted, laterally transferred, or promoted to another available position in the City. If no vacancies exist, the City's layoff provisions may be used. D. Probationary Period: Employees holding positions which are reclassified to recognize the assumption of additional and/or different duties will not serve a probationary period. Employees holding positions which are reclassified to recognize labor market conditions will not serve a probationary period because they have not assumed additional duties. E. Salary Rate: To recognize additional or a reduction of duties and responsibilities, a Department Head may place the employee in the reclassified position at or above the minimum entry level of the new salary range. The anniversary date will not change. Employees holding positions reclassified due to labor market conditions may receive a salary increase if their current salary falls below the minimum level of the new range. The anniversary dates of employees in positions reclassified due to labor market conditions will not change. Section 5. POSITION ADDITION, REMOVAL OR REALIGNMENT The City Manager may add, remove, or realign current positions to better meet the needs of the organization and the services provided when the end result of the change(s) does not result in a budgetary increase. In the event the changes would impact the budget, those changes shall be implemented only upon authorization of the City Commission. Section 5. That Article 16 of the City of Salina Personnel Manual is hereby amended to read as follows: ARTICLE 16 "Sick Leave" Section 1. ACCRUAL All classified full-time employees (other than firefighters working 24 hours on and 48 hours off) shall accme sick leave at a rate of eight (8) hours for each complete calendar month they are on paid status. Firefighters working duty schedules of 24 hours on and 48 hours off shall accme sick leave at a rate of 11.2 hours for each complete calendar month they are on paid status. Classified part-time employees shall accme sick leave at a rate of four hours for each complete calendar month they are on paid status. There shall be no limit on the amount of sick leave which an employee may accrue. For each partial calendar month that an employee is on paid status, the employee will accme sick leave in relation to the amount of time worked. (For example, if a classified full-time employee works half of the month, he or she will accme four (4) hours of sick leave.) In the event an employee is transferred to or from a 24 hours on and 48 hours off schedule to a 40 hour base week, the employee's accrued sick leave time shall be converted by Human Resources accordingly, in order to maintain the same basic ratio of time off the job for sick leave. Section 2. USE Sick leave used shall be deducted from the employee's accmed sick leave in increments calculated to the nearest one-tenth of an hour. Employees are not permitted to use sick leave that they expect to earn later. An employee may use accmed sick leave with pay for any of the following reasons: 1. Personal illness or physical incapacity; 2. Enforced quarantine of the employee; 3. Medical appointments. 4. Illness or injury in the employee's family requiring the employee's attendance. 5. Attendance at funerals for members of the employee's family. For purposes of 2.4 and 2.5, family includes spouse, children, parents, brothers, sisters, grandparents, grandchildren and in-laws, including mothers, fathers, brothers, sisters, daughters, sons and grandparents. Following is the maximum number of sick leave hours that may be taken by an employee for treatment and recuperation of an illness or injury: Classified full time employees (other than firefighters working 24 hours on and 48 hours off) - 1,040 hours. Firefighters working a schedule of 24 hours on and 48 hours off - 1,456 hours. Classified part-time employees - 520 hours. An employee who has used the maximum allowable sick leave once, released by a physician for resumption of normal duties, and after remaining on the j ob for a minimum of three (3) months, shall again be eligible to utilize accmed sick leave subj ect to the above stated time limitations. The three (3) month restriction shall not be applicable to unrelated illness or injuries, providing the employee had not been released by a physician and had resumed normal work, duty or assignment prior to the subsequent illness or injury. The sick leave benefit is a form of income insurance and provides a certain amount of security for employees in the event they are incapacitated during those years when they are wage earners. The protection provided the employee and dependents during employment by the City constitutes a portion of total compensati on. When unable to work due to being physically incapacitated, an employee shall notify, or be responsible to see that, the supervisor or department head is notified as soon as possible prior to the time the employee is scheduled to report to work. In the event of injury or serious illness, the employee may be required to obtain a written release from a doctor and present it to the department head prior to returning to work. Supervisors and department heads shall have the responsibility of investigating any time there is reason to suspect that an employee is taking advantage of the sick leave benefit or falsely claiming to be sick. Such abuse or false claims shall be cause for disciplinary action. Section 3. SICK LEAVE ADV ANCEMENT The City of Salina, in order to protect new employees from severe financial hardship as a result of serious illness or injury occurring prior to an employee accruing a reasonable amount of sick leave, has developed a sick leave advancement policy. Specifics of the policy include the following: Eligibility requirements include but are not limited to the following: - Employee must have worked less than five (5) years for the city at the time the request is made. - Cannot be eligible for worker's compensation. - All sick leave, vacation and personal days must be exhausted prior to use of advanced sick leave. - Maximum length of sick leave advancement - (Annually) Two hundred and forty (240) hours for forty (40) hour employees and three hundred and thiliy six (336) hours for employees working twenty-fours hours on duty and forty-eight hours off duty. May be extended by the City Manager on a case by case basis. - Employees may be required to provide medical statements and other relevant documentation. - Requests must be in writing and should explain the circumstances for the leave request. Factors taken into consideration in determining whether to approve such leave include but are not limited to the following: - Nature and extent of the employee's illness or injury. - The likelihood of recovery and return to work. - The amount of sick leave the employee has previously used. Approval of such leave is at the sole discretion of the City Manager. All advanced leave will be reimbursed hour for hour upon return to work as sick leave hours are accmed. Once an employee returns to work, and they request to use sick leave, they will not be allowed to use sick leave until the city is repaid for the total hours advanced to the employee. If the employee has vacation or personal leave available they must use that time to cover the time and if they have none available, they will be considered to be on unpaid leave. In the event an employee leaves the City's employ prior to reimbursement of advanced sick leave hours, the employee's remaining vacation and/or personal leave hours shall be forfeited to the City to cover the remaining deficit of sick leave hours owed. Section 6. That Article 17 of the City of Salina Personnel Manual is hereby amended to read as follows: "ARTICLE 17 "Other Leave" Section 1. EMERGENCY LEAVE For emergency situations not covered under Article 16, "Sick Leave" the employee shall have the option of utilizing accumulated vacation time or their personal day, subject to prior approval of the department head. If the employee does not have sufficient vacation or personal leave accumulated to cover the absence, such emergency leave may be granted without pay. Section 2. MATERNITY LEAVE Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom, are for all job-related purposes, temporary disabilities and shall be treated the same as any other absence related to illness so far as the use of sick leave or the granting of a leave of absence is concerned. Section 3. CIVIL (COURT/JURY) LEAVE It is the civic obligation of an employee to serve when called for jury duty. Classified and regular part-time employees shall receive full pay for scheduled work time missed when either reporting for or serving jury duty. A current employee (unless the employee has been suspended without pay) who is required to appear in either a criminal or civil court case in the employee's capacity as an employee of the City shall be regarded as on duty at regular pay while making the appearance. An employee may receive pay for time off from work when subpoenaed by the court to appear as a party or a witness in a civil court case in which the employee is not a party. Also, an employee may receive pay for time off from work when subpoenaed by the court to appear as a party or a witness in a criminal case. To be eligible for such leave the employee must request, including providing a copy of the subpoena, and receive prior approval from the Human Resources Department. For other court appearances the employee may take vacation leave, to the extent the employee has unused vacation time. Section 4. MILITARY LEAVE Regular employees shall be granted leave, without pay, for militaIY service or training when ordered by any branch or reserve unit of the U.S. military forces. Such leave, return to municipal service and retention of benefits shall be in accordance with federal and/or state law. The same shall apply to employees who are members of the Kansas National Guard. Such leave for service or training when ordered by the Kansas National Guard, return to municipal service and retention of benefits shall be in accordance with federal and state laws. The employee may, at the employee's option, use accrued vacation for military leave purposes. Section 5. DOMESTIC VIOLENCE LEAVE Pursuant to Kansas law, an employee that is the victim of domestic violence is allowed time off work to: (a) obtain or attempt to obtain relief via a court order to help ensure the health, safety or welfare of the victim or the victim's child; (b) seek medical care for injuries caused by domestic violence or sexual assault; (c) obtain services from a domestic shelter, assistance program or rape crisis center as the result of domestic violence or sexual assault; or (d) make court appearances in the aftermath of domestic violence or sexual assault. As a condition of taking time off for the purpose of addressing any of the above issues the employee shall give the Human Resources Director reasonable advance notice of his/her intention to take time off, unless it is not feasible to do so. Within 48 hours of returning from the time off the employee shall provide the Human Resources Director documentation supporting the need to take time off for the specified purposes. This documentation can include, but is not limited to: (a) police report indicating the employee was victim of domestic violence or sexual assault; (b) court order of protection for the employee or other documentation from the court or prosecuting attorney that the employee appeared in court; (c) documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, or counselor that the employee was undergoing treatment for physical or mental injuries resulting from being the victim of domestic violence or sexual assault. To the fullest extent possible, and as allowed by law, all requests for leave and documentation provided under this provision will be kept confidential. An employee requesting leave under this act may use any accmed paid leave available. If no paid leave is available unpaid leave may be granted for up to eight (8) days per calendar year. Enrolled participants in the Kansas Safe at Home may contact the Human Resources Director regarding other provisions of the program that may apply to his/her employment. Section 6. LEAVE OF ABSENCE An employee who has been granted a leave of absence without pay shall not receive compensation or be granted advancement or promotion in relation to the position from which the employee is on leave. The employee shall be entitled to and shall retain all benefits accmed up to the effective date of such leave. Provided, said employee shall not accme vacation, sick leave or other benefits during the leave of absence. Generally, the City will continue its contribution toward group life, dental and health insurance during the leave of absence; However, particularly in cases of extended leaves of absence, continuation of benefits will be decided on a case by case basis. Upon expiration of the leave of absence and return to work, the employee shall return at the same status. Granting of a request for a leave of absence is at the discretion of the employee's department head and the City Manager except where governed by the laws of the State of Kansas or the United States of America or specified otherwise within this manual or the Salina Code. All requests for leave of absence shall be submitted in writing, stating the reason for and duration of the requested absence. A leave of absence without pay will not be granted until all vacation leave and an employee's personal day has been exhausted. Section 7. FAMIL Y LEAVE POLICY Covered Employer: The City is a covered employer under the Family and Medical Leave Act of 1993 (FMLA). This policy summarizes the basic entitlements under the FMLA and those matters which are subject to the City's discretion. The FMLA entitlements shall be administered by the City in accordance with this policy and applicable federal law. Any employee who believes he or she will be entitled to FMLA leave should promptly make application with the Human Resources Department to allow for the development of a FMLA leave plan. Eligible Employees: Employees who have worked for at least 12 months for the City and for at least 1,250 hours during the last 12 months, are entitled to unpaid leave under the FMLA. Maximum Leave: An eligible employee is entitled to 12 weeks or 480 hours of unpaid leave due to FMLA-qualified reasons during a 12-month period measured by the date of an employee's first FMLA leave. Leave Entitlement: FMLA leave shall be defined as an approved absence available to eligible employees under particular circumstances that are critical to the life of a family. Leave may be taken: 1. Upon the birth of the employee's child; 2. Upon the placement of a child with the employee for adoption or foster care; or 3. When the employee is needed to care for a child, spouse or parent who has a serious health condition; or 4. When the employee is unable to perform the functions of his or her position because of a serious health condition. F or the purposes ofFMLA leave, "serious health condition" means an illness, injury, impairment or physical or mental condition that involves one of the following: 1. Hospital Care - Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity 1 or subsequent treatment in connection with or consequent to such impatient care. 2. 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: (a) Treatment2 two or more times by a health care provider, by 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 (b) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatmene under the supervision of the health care provider. 3. Pregnancy - Any period of incapacity due to pregnancy, or for prenatal care. 4. Chronic conditions Requiring Treatments - A chronic condition which: (a) Requires periodic visits for treatment by a healthcare provider, or by a nurse or physician's assistant under direct supervision of a health care provider; (b) Continues over an extended period of time (including recurring episodes of a single underlying condition); and (c) May cause episodic rather than a continuing period on incapacity (e.g., asthma, diabetes, epilepsy, etc.) 5. Permanent/Long-term Conditions Requiring Supervision - A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The 1 "Incapacity," is defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom. 2 Treatment includes examinations to determine if a serious health condition exists and evaluation of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations. 3 A regimen of continuing treatment includes, for example, a course of prescription medication (e.g., and antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider. employee or family member must be under the continuing supervision of, but need not be receiving active treatment by a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease. 6. Multiple Treatments (Non-Chronic Conditions) - Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by 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 likely result in a period on 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), and kidney disease (dialysis). An employee is "unable to perform the functions of the position" where the health care provider finds that the employee is unable to work at all or is unable to perform any of the essential functions of the employee's position within the meaning of the Americans with Disabilities Act (ADA) and related federal regulations. Substitution of Paid Leave: Employees shall be required to substitute all accmed vacation and sick leave ("paid leave") for FMLA leave. In other words, while FMLA leave is generally unpaid, the employee must use all accmed paid leave before taking any unpaid FMLA leave. The "substituted" paid leave and any subsequent unpaid leave shall be combined to determine an employee's maximum FMLA leave time. BASIC REGULATIONS AND CONDITIONS OF LEA VE 1. The City shall require medical certification to support a claim for leave for an employee's own serious health condition or to care for a seriously ill child, spouse or parent. For the employee's own medical leave, the certification must include a statement that the employee is unable to perform the essential functions of his or her position. For leave to care for a seriously ill child, spouse or parent, the certification must include an estimate of the amount of time the employee is needed to provide care. In its discretion, the City may require a second medical opinion and periodic recertifications at its own expense. If the first and second opinions differ, the City, at its own expense, may require the binding opinion of a third health care provider, approved jointly by the company and the employee. 2. If medically necessary for a serious health condition of the employee or his or her spouse, child or parent, leave may be taken on an intermittent or reduced leave schedule. If leave is requested on this basis, however, the City may require the employee to transfer temporarily to an alternative position which better accommodates recurring periods of absence or a part-time schedule, provided that the position has equivalent pay and benefits. 3. Spouses who are both employed by the City are entitled to a total of twelve weeks of leave (rather than twelve weeks each) for the birth or adoption of a child or for the care of a sick parent. EMPLOYER'S RIGHTS ON RETURNING TO WORK FROM FMLA LEA VE 1. On return from FMLA leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment. NOTIFICATION AND REPORTING REQUIREMENTS When the need for leave is foreseeable, such as the birth or adoption of a child, or planned medical treatment, the employee must provide reasonable prior notice (preferably 30 days), and make efforts to schedule leave so as not to dismpt City operations. In cases of illness, the employee will be required to report periodically on his or her leave status and intention to return to work. STATUS OF EMPLOYEE BENEFITS DURING LEAVE OF ABSENCE 1. During the period ofFMLA leave that an employee is using substituted paid leave, the employee shall be entitled to full accmal of all related benefits. 2. During unpaid FMLA leave, the City shall maintain the employee's coverage under the City's group health plan on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire leave period. For all other purposes, the employee shall be on unpaid leave status and shall not accme any other benefits. PROCEDURES 1. A Request for Family and Medical Leave of Absence Form must be originated by the employee. This form should be completed in detail, signed by the employee, submitted to the immediate supervisor for approval and forwarded to the employee's department head. If possible, the form should be submitted thirty (30) days in advance of the effective date of the leave. 2. All requests for family and medical leaves of absence due to illness will include the following information attached to a completed Request for Family and Medical Leave of Absence: Sufficient medical celiification stating 1) the date on which the serious health condition commenced; 2) the probable duration of the condition; and 3) the appropriate medical facts within the knowledge of the health care provider regarding the condition. In addition, for purposes of leave to care for a child, spouse, or parent, the certificate should give an estimate of the amount of time that the employee is needed to provide such care. For purposes of leave for an employee's illness, the certificate must state that the employee is unable to perform the essential functions ofhis or her position. In the case of certification for intermittent leave or leave on a reduced leave schedule for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment must be stated. Section 7. That Article 18 of the City of Salina Personnel Manual is hereby amended to read as follow: " Arti cl e 18 "Work Regulations" Section 1. PUBLIC RELATIONS Every municipal employee shall continually strive to promote good public relations for the department and the entire municipal organization. Viliually everything City employees do has either a direct or an indirect and either a positive or negative affect on public relations. A. GENERAL PUBLIC Visitors at any municipal building or area of work shall be made to feel welcome and shall be treated in a friendly and courteous manner. All inquiries, complaints or requests for assistance shall be given prompt attention. B. RELEASE OF INFORMATION Public statements or the release of infonnation on all matters related to municipal policy, administration and the operation of any department or personnel management shall be limited to the City Commission, City Manager, department heads and other personnel specifically authorized or approved by department heads. Section 2. CHAIN OF COMMAND The chain of command is the organizational stmcture established for the operation and supervision of all departments. All communications, orders, requests and recommendations must be channeled through this chain, in both directions, in order to avoid confusion, misunderstanding and oversight. Supervisors and administrators at every level cannot carry out their responsibilities and perform effectively without an appreciation for and observation of these processes. Unless specifically authorized by the City Manager, no employee shall contact members of the City Commission for the purpose of promoting or opposing department regulations, programs, projects or other administrative matters. The previous statement does not apply to employees involved in carrying out their assigned responsibilities with appointed boards or commissions which include members of the City Commission. Employees have the right to contact and confer or correspond with members of the City Commission on any subject so long as it is not in conflict with the above prohibitions. The overall organizational stmcture is illustrated by the chart shown in the appendix. Within each department, there is a chain of command headed by the department head followed by various levels of supervisOlY and non-supervisory employees. Section 3. APPEARANCE All municipal personnel are encouraged to maintain a clean and well-groomed appearance in keeping with their job and conducive to good public relations. They shall comply with the requirements of their respective departments related to wearing apparel, personal appearance, hygiene and safety. A. CASUAL SHIRTS Classified and regular part-time employees who don't receive a uniform or uniform allowance will be provided annually, one ShOli or long sleeve casual shirt which may be worn on Fridays or the last business day of the week, or as approved by the City Manager. From Memorial Day thm Labor Day, casual shirts may also be worn on the first working day of the week. Employees may wear the shirt off-duty. B. JEANS Jeans may only be worn on casual Fridays or the last business day of the week, or as approved by the City Manager. Jeans may be only worn with the city's casual shirt and the jeans must be neat in appearance. Department heads may designate certain positions or situations where employees mayor may not wear jeans. Section 4. ATTITUDE AND CONDUCT Employees shall maintain a constmctive, businesslike attitude which strives to promote harmony among coworkers and respect for positions of authority at all times. They shall conduct themselves in a manner appropriate to their position as public servants. Section 5. MOTIV ATION/KNOWLEDGE Every employee in the City service is working for the same public. It is the aim of the personnel of the City of Salina to constantly develop a better municipal operation. All employees should acquire a thorough knowledge of their own jobs and should possess a profound respect for the work. Supervisors and department heads have an obligation to all personnel to encourage them to become more knowledgeable, develop their talents and capitalize on their capabilities, not only to advance in their present position but in order to take advantage of future opportunities. Likewise, they have the responsibility of continually evaluating the attitude, capabilities and performance of their employees for at least three reasons: for efficiency; for the welfare of every employee; and for determining justification of merit salary increases and promotions. Section 6. PHYSICAL FITNESS It shall be the responsibility of each employee to maintain the standards of physical fitness required for performing all assigned tasks. In those departments where the nature of the work requires unusual or extraordinary physical exeliion, coordination or dexterity, such departments, under the guidance of a physician, shall adopt physical fitness standards appropriate for each such classification. Such standards shall be adhered to by each employee serving in any such capacity. Any employee may be required to submit to taking a physical examination when requested by the depaliment head and approved by the City Manager. The cost of the physical examination shall be paid by the City. Section 7. CARE AND USE OF EQUIPMENT AND FACILITIES Any employee of the City of Salina found to be responsible for damage to or loss of City property or equipment through negligence, carelessness or abuse shall be subject to disciplinary action and may be required to reimburse the City for such damage or loss. No equipment, material or supply belonging to the City of Salina, shall be removed from its location or used without proper authority. The department head or City Manager shall be the only people with jurisdiction and authority to grant such permission. No employee shall operate or drive or cause to be operated or driven any City owned automobile, bus or other motor vehicle for private use or for private business or for pleasure. Section 8. SAFETY Employees shall exercise good judgment and take appropriate precautions in the performance of their work. Depaliment heads and supervisors shall see that employees are properly trained in how to safely perform tasks and use equipment. Department heads and supervisors shall ensure that adequate protective equipment is available for use by employees under their supervision. Recklessness, laxity or carelessness will not be condoned. Prompt action shall be taken to repair faulty equipment and correct hazardous conditions in work areas. Employees are required to follow all safety policies and procedures outlined in the Risk Management and Safety Procedures Manual as well as special safety rules that may be issued within individual departments. Failure to do so may result in disciplinary action. Section 9. DRIVER'S POLICY Any Employee who regularly drives a city-owned vehicle or is compensated by automobile allowance shall be covered by this policy. In addition, the City Manager may designate other employees that may be covered by this policy based on a review of their position and responsibilities. The following categories of traffic violations are established for the purpose of administering this policy. A violation means either a diversion or conviction for the traffic violation described. · Tvpe A Violations 1. Reckless driving (STO-29). 2. Fleeing or attempting to elude a police officer (STO-31). 3. Operating a motor vehicle during a period of drivers license suspension or revocation. · TV/Je B Violations 1. Driving under the influence of alcohol (STO-30). 2. Driving under the influence of any dmg or combination of dmgs to a degree that renders the person incapable of safely driving a vehicle (STO-30). · Tvpe C Violations All moving violations not listed as Type A or Type B violations. This category includes, but is not limited to, racing on highways, inattentive driving, careless driving, speeding, stop sIgn violations, failure to yield and mnning a red light. A. POLICY 1. The employee must be at least 18 years of age and hold a valid driver's license from the State of Kansas. In the Police Department, the employee must be at least 21 years of age to operate vehicles used for emergency response. 2. The employee must comply with the Kansas Department of TranspOliation guidelines with respect to types of licenses required to operate certain vehicles. 3. Any employee whose j ob requires possession of a valid driver's license or who receives an automobile allowance, shall report to his/her supervisor within 24 hours all: a. Type A or B violations b. Driver's license suspensions, revocations or expirations c. 3rd or 4th Type C violations within the prior three year period. (If the employee is unsure, the City will initiate a motor vehicle record check at the employee's request.) The Employee's supervisor shall by the next regular business day report the information to the department head, who shall the same day report the information to the City Manager's office. 4. Candidates for jobs with the City of Salina and new hires shall be held to the same driving standard as employees if their job duties require possession ofa valid driver's license. 5. Motor vehicle records will be examined by City Management. Motor vehicle records of current employees will be examined at least annually. In the case of candidates for jobs with the City of Salina to whom the City has made a conditional offer of employment, the candidate's motor vehicle record will be examined before the candidate is hired. The motor vehicle record will be compared to the standards which follow. If examination of the motor vehicle record determines that the employee is one (1) violation away from not being allowed driving privileges (not including Section 5a), the employee will be placed on a "watch list". a. If the record shows one (1) or more Type A violation(s) in the last three (3) years, the employee shall not be allowed driving privileges. b. If the record shows two (2) or more Type B violations (separate incidents) in the last five (5) years, the employee shall not be allowed driving privileges. c. If the record shows four (4) Type C violations or one (1) Type Band three (3) Type C violations in the last three (3) years, the employee shall not be allowed driving privileges. 6. If the employee is placed on a "watch list", the following actions will be taken: The employee will meet at least annually with their Department Head and City Management in a counseling session to discuss safety issues, their driving record and be provided safe driving information. The employee will also be notified of the availability of self-help courses such as defensive driving. The employee will also be notified of the possibility of no longer being eligible or qualified to perform the job for which he/she has been hired. City Management will review accidents which have occurred to city vehicles. Reviews will determine preventability and to propose corrective action(s). Any recommendation affecting the employment status of an employee is subject to review by and appeal to the City Manager. Section 10. SMOKING POLICY STATEMENT OF PURPOSE To respond to the increasing evidence that second-hand tobacco smoke creates a danger to the health of persons who are present in a smoke-filled environment and to establish City policy to regulate the use of smoking materials by City employees while on duty. A. DEFINITIONS Municipal Facilities: Any building or stmcture owned or operated by the City of Salina. Smoke: Smoke or Smoking means the lighting of any cigarette, cigar or pipe, or the possession of any lighted cigarette, cigar or pipe, regardless of its composition. Vehicle: Any car, tmck, bus or van, owned or operated by the City of Salina, used for conveying persons, supplies, equipment, etc. B. POLICY 1. Smoking is prohibited within any municipal facility of the City of Salina, except for the Bicentennial Center, Memorial Hall and the Community Theater. Special mles will be developed regarding smoking at the above listed locations. City employees are prohibited from smoking in any municipal facility, including the above listed locations. 2. Smoking is prohibited in City of Salina vehicles at all times when there is more than (1) one occupant. An individual is allowed to smoke in a vehicle only when he or she is alone, unless that individual vehicle is separately designated as a non-smoking vehicle. Example: City pool car. 3. All existing nIles and regulations in place in the Police and Fire Department are still in effect, unless specifically stated otherwise. C. APPLICABILITY This Policy shall apply to all employees who are employed by the City of Salina and those who volunteer their services to the City. D. ENFORCEMENT It will be the responsibility of Department Heads and Supervisors to enforce this policy on a daily basis. Violations of this policy will be considered a work nIle violation and employees will be subject to appropriate discipline. Section 11. RETURN OF CITY PROPERTY Employees are responsible for the return of all City-owned, equipment, motor vehicles, tools, supplies, materials, keys, ID cards and other items of value by the last day of employment. To assure that all City property has been returned, an employee's compensation for the last pay period of employment shall not be regarded as earned until all such items have been returned. Accordingly, the employee's pay check for the final pay period will not be issued. Section 12. CHANGE OF ADDRESS ORFAMIL Y STATUS In order to keep all records current, any changes of address, telephone number, family status (marriage, divorce, bilihs, etc.) should be reported to your immediate Supervisor and the Human Resources Department within 30 days. Also, if you are enrolled in the city's health/dental insurance program you are required to notify the Human Resources Department of any address or family status changes within 30 days. Section 13. RESPONSIBILITY TO REPORT TO WORK IN ADVERSE SITUATIONS A. All employees of the City of Salina will be expected to repOli to work at their normal work station in inclement weather, disasters and other adverse conditions. B. Employees unable to reach their work stations because of inclement weather, disasters and other adverse situations may utilize vacation leave in lieu of a lost day or day's pay. C. Employees engaged in work directly related to health, safety and welfare of the community will be expected to exhaust every effort in reporting to their work station at the appropriate time. D. In the event city offices are closed, employees will receive pay for actual hours worked prior to closing. Employees may supplement this amount with accumulated vacation time to equal their regularly scheduled shift pay. Section 14. IDENTIFICATION CARDS A. Once hired, all classified and regular part-time employees shall be issued a City of Salina identification card. Identification cards will be issued by the Human Resources Depaliment with the exception of the Police Depaliment issuing identification cards to all Police Department personnel. A copy of the card shall be placed in the employee's personnel file. B. Requirements for Carrying, Presentation and Wearing of City Identification Cards: 1. All uniformed personnel including public safety personnel shall have their identification card with them when perfonning job related duties and shall produce it upon request. 2. All non-uniformed personnel (including personnel wearing City logo casual shirts) shall have their identification card with them when perfonning job related duties and shall produce it upon request. When working in non-city owned facilities including homes and businesses, outdoors, or in a City facility other than their normal work facility, non-uniformed personnel must display/wear their City identification card between shoulder and waist height with the picture side displayed. 3. Non-uniformed personnel working in the City/County Building shall wear the identification card when working in County offices. Personnel will not be required to wear the identification card when in common meeting rooms. 4. Non-uniformed personnel working in the Law Enforcement Center shall wear the identification card when working outside their assigned depaliment. 5. At the discretion of the depaliment head, employees may be required to wear or carry their City identification card at times in excess of the minimum standard stated above. In no event shall an employee or department lessen their standard below that stated above. C. All identification cards are the property of the City of Salina and shall be returned immediately upon termination of employment to the employee's supervisor, expiration of the card to the Human Resources Department, or upon direction of the City Manager or the City Manager's designee. Returned cards are to be maintained in the card holder's personnel file. An employee's final pay may be withheld for failure to return his/her valid identification card upon termination, just as with the return of other city property. D. All cards shall have an expiration date of five (5) years. Expired cards must be returned prior to the issuance of a new card to the Human Resources Department. New cards shall be issued to employees who change positions or have a name change. The expiration date of cards issued due to position or name changes shall also be five (5) years from the new issue date. E. Employees must report a lost card as soon as possible to their supervisor or the Human Resources Department. Arrangements for a new card will be made at that time. A note shall be placed in the employee's personnel file that the employee reported the card as lost. F. Under no circumstances shall an employee use his or her identification card or allow another person, city employee or non-city employee, to use his or her identification card as a form of false identification. Section 15. INTERNET AND ELECTRONIC MAIL USE Internet access and/or electronic mail (email) is provided to selected City of Salina employees as a privilege, as determined by their Director, to enable employees to perform in their job responsibilities. In order to use the City's intranet access, the employee must sign a City of Salina Internet Acceptable Use Agreement and/or the Electronic Mail Acceptable Use Agreement and abide by the mles and regulations as determined in such agreement(s). The City of Salina has the right, but not the duty, to monitor any and all aspects of the computer systems, including employee E-Mail, to ensure compliance with these policies. Employees should not have an expectation of privacy in anything they create, send, or receive on the computer. Internet access must initially be approved by the Department Head, City Manager and Director of Computer Technology. Section 16. SOFTWARE DUPLICATION To establish a uniform policy for all City depaliments regarding the copying of Personal Computer (PC) software the following procedures are established: A. Any duplication of copyrighted software such as WordPerfect, Lotus, PageMaker, except for backup purposes, is a violation of federal copyright law. Generally, under federal copyright law, the software that is licensed for use on one (1) personal computer (PC) may not be duplicated for use on any other personal computer (PC). B. In certain cases, software companies will allow one additional copy for home use by the employee. If an employee needs to use City supplied software at home, they must receive approval from their Department Director and the Director of Computer Technology. C. Violation of this policy may result in disciplinary action. D. The Director of Computer Technology and the City Manager's Office are responsible for oversight of this policy. Section 17. PARKING REGULATIONS - CITY-COUNTY BUILDING In order to ensure that there are parking spaces available for the general public the following parking rules apply: A. Off duty employees may park in any parking space as long they comply with the designated time limits. B. During business hours, on duty employees driving personal vehicles may not park in the (15) minute, (30) minute or (3) hour parking zones. Parking is only allowed in the (8) hour zones. This includes those times when" I am only going to be in the building for a few minutes." C. Employees driving marked City vehicles should first attempt to park on the ramp on the north side of the building. If parking spaces are not available, employees should park in the (3) or (8) hour parking zones. Use your own discretion, if the (3) hour area is nearly full, walk a little further. Parking is not allowed in the (15) or (30) minute parking zones. D. Employees assigned parking in the lot located at the southeast corner of Ash and 7th Street are required to park in this lot during business hours. If, for any reason, an employee needs to be reassigned parking, they should contact the City Manager's Office. Failure to comply will be considered a work mle violation and appropriate discipline will be enforced. If you have any questions, please contact your Department Head. Section 18. WORKPLACE VIOLENCE The City of Salina is committed to providing, in so far as it reasonably can do so within available resources, a safe environment for working and conducting business. The City won't tolerate acts of violence committed by or against city employees, or members of the public while on City of Salina property or while performing City of Salina business at other locations. The word violence in this policy shall mean any act or behavior that: · is physically assaultive; · a reasonable person would perceive as obsessively directed, e.g. intensely focused on a gmdge, grievance or romantic interest in another person and reasonably likely to result in harm or threats of harm to people or property; · consists of a communicated or reasonably perceived threat to harm another individual or in any way endanger the safety of an individual; · would be interpreted by a reasonable person as carrying potential for physical harm to the individual; · a reasonable person would perceive as menacing; · may involve carrying or displaying weapons, destroying property or throwing objects in a manner reasonably perceived to be threatening; or · consists of a communicated or reasonably perceived threat to destroy property. Violent actions on city propeliy, in city facilities or while on city business won't be tolerated or ignored. Any unlawful violent actions committed by employees or members of the public while on city property or while using city facilities will be prosecuted as appropriate. The city intends to use reasonable legal, managerial, administrative and disciplinary procedures to secure the workplace from violence and to reasonably protect employees and members of the public. A. Possession and Use of Dangerous Weapons bv Employees In the interest of maintaining a workplace that is safe and free of violence, except as hereinafter provided, possession or use of a weapon is prohibited on city property or in city vehicles. B. Dangerous Weapons Defined A dangerous weapon is any instnullent capable of producing bodily harm, in a manner, under circumstances and at a time and place that manifests an intent to harm or intimidate another person or that warrants alarm for the safety of another person. C. Exceptions to Dangerous Weapons Prohibition Employees of the City of Salina may possess a firearm on city property if engaged in military or law enforcement activities. Nothing in this policy shall be constmed to limit employees' rights under the Family and Personal Protection Act, K.S.A. 75-7cOl, et seq. D. Responsibilities All employees are responsible for: 1. Refraining from acts of violence and for seeking assistance to resolve personal issues that may lead to act of violence in the workplace. 2. RepOliing to managers and supervisors any dangerous or threatening situations that occur in the workplace. E. Procedures for Dealing With Acts of Workplace Violence When a violent act occurs: 1. If the act or altercation constitutes an emergency, call 9 I 1. In instances that aren't emergency situations, contact your immediate manager or supervisor. When 9 11 is contacted, contact an immediate supervisor. 2. In instances that it's not appropriate to refer an incident to the police department, the Human Resources Director or the City Manager will evaluate the incident and make a recommendation regarding the need to conduct an investigation. If a recommendation to conduct an investigation is made, the Human Resources Director or the City Manager will coordinate the investigation process. Section 19. MOBILE PHONE USE The City of Salina may provide mobile phones to employees with a justified and proven need for mobile communications. Employee requests for mobile phones must be submitted to the City Manager's Office for review. City owned mobile phones should be used only for city government business and must be used in compliance will all applicable city policies. When at all possible, employees shall refrain from placing calls or using a mobile phone while driving a city vehicle. If a mobile phone is to be used while driving the following safety mles shall be followed. · Immediately determine if the vehicle can be safely driven off the road and parked in an appropriate location for the remainder of the conversation. · Never take notes, look up phone numbers, look away from traffic or be distracted in any way. · Immediately suspend any call if driving in heavy traffic or hazardous weather conditions. An employee whose position requires him or her to carry a cellular phone has the option of receiving a stipend from the City of Salina for the use of a personal cell phone in lieu of being issued a separate City phone, provided the employee signs the City of Salina Mobile Phone Stipend agreement and abides by the policies in such agreement. Section 20. DUTY TO REPORT ARREST Employees, as soon as practical, must report any non-traffic misdemeanor or felony arrest to his/her supervisor. Arrests for traffic violations must be reported in accordance with Section 9 of this article. The Employee's supervisor shall by the next regular business day report the information to the department head, who shall the same day report the information to the City Manager's Office. Section 21. CONFIDENTIAL INFORMATION City of Salina employees have access to an abundance of organizational and personal information that is considered private, confidential, or sensitive. Examples of confidential information include, but are not limited to: law enforcement arrest and criminal activity information, medical and health information, passwords, financial information, personal identification information, regulatory enforcement information, civil defense information, employment information, plans and designs, information considered 'closed record' by state statutes, and other related information. Employees' access to confidential information shall be strictly limited to that information which is needed to perform assigned duties. All employees are expected to hold confidential information in the strictest confidence, whether such information is in written, electronic or spoken form. Such information shall only be reviewed, retained and/or discussed in private, and only for work-related purposes. An inappropriate release of confidential information by an employee shall result in disciplinalY action up to and including termination. All questions regarding the use and handling of confidential information, and all public or employee requests for such information shall be immediately forwarded to the Assistant City Manager." Section 8. That Article 20 of the City of Salina Personnel Manual is hereby amended to read as follow: "ARTICLE 20 "Grievance Process" A grievance is defined as a complaint about any policy, mle, regulation or treatment that an employee feels is unfair. A grievance does not include performance evaluation appeals. The grievance must follow the chain of command and be submitted in writing using the Grievance RepOliing Form. For a copy of the form, contact your Supervisor or the Human Resources Department. The grievance shall be first presented to the immediate supervisor with a copy provided to the Department Head. The employee should try to suggest a solution to the grievance. The supervisor must respond to the grievance within five (5) working days. If the employee rejects the supervisor's response, the supervisor shall fOlward the grievance through the chain of command. If the grievance is not resolved at any intermediate step in the chain of command, it must be forwarded to the next succeeding level of supervision within five (5) working days. Each supervisor, within the limits of their authority, shall attempt to resolve the grievance rather than merely sending it to the next level of supervIsIOn. If any employee is unable to resolve the grievance through the chain of command within the department, then the employee shall have the option to present the grievance to the City Manager or their designee. The City Manager mayor may not meet with the employee to discuss the grievance. If the City Manager chooses to have a meeting with the employee, the employee with advance approval, may invite another individual to attend the meeting. If the individual is a city employee, they will be considered on paid status if the meeting is during their normal work schedule. The City Manager's decision will be given to the employee in writing. The decision by the City Manager is final. In no case shall an employee or a group of employees take a grievance to the City Commission or to any individual City Commissioner. If the grievance is in the area of equal employment oppOliunity an employee should first utilize the grievance procedure provided through the chain of command. Also, the employee may file a complaint with the Kansas Human Rights Commission." Section 9. That Article 23 of the City of Salina Personnel Manual is hereby added to read as follow: ARTICLE 23 "Discipline" Section 1. GENERAL It shall be the responsibility of all supervisors and department heads to reasonably and impartially supervise and, when necessary, discipline or recommend disciplinary action for the personnel assigned to them. Methods or forms of discipline shall be limited to those of reprimand, suspension, reduction in pay, demotion, dismissal or any combination of these. In any case of disciplinary action (except a verbal reprimand), the supervisor or department head shall be responsible to submit a written report through the chain of command. Such report shall be made with the employee's knowledge. The employee shall be required to read and requested to sign the report. This is not to imply that the employee agrees with the report, but rather to assure that the employee is aware of the contents of the report. In the event the employee refuses to do so, a notation to that effect shall become a part of the report. As the report progresses through the chain of command, each supervisor and department head shall be responsible for adding a written acknowledgment of having received the report and shall supplement it with opinions and recommendations prior to forwarding it to the next level of command. Department heads may impose disciplinary actions including reprimands or suspensions not exceeding five (5) working days without prior approval of the City Manager. All other disciplinary actions shall be by approval of the City Manager. All supervisors and department heads shall exercise good judgment and discretion in taking or recommending disciplinary action. They shall endeavor to insure that the extent of the penalty is not unreasonable or excessive in relationship to the seriousness of the violation or circumstances for which the employee is being penalized. In taking or recommending disciplinary action of any type, supervisors and department heads shall do so on the basis of what is best for the depatiment, the City of Salina and its employees. Section 2. GROUNDS FOR DISCIPLINARY ACTION The following are examples of grounds which warrant disciplinary action for any employee in the service of the City of Salina. However, disciplinary action may be taken for reasons other than those herein enumerated: A. APPEARANCE 1. refusal or failure to comply with departmental requirements related to wearing apparel, personal appearance, hygiene and safety; B. ATTITUDE 1. is unable or unwilling to get along with superiors, co-workers, or the public, or persists in exhibiting a negative or uncooperative attitude toward the job; C. CONDUCT 1. being under the influence of intoxicating beverage or controlled substances while on duty; 2. consumption of intoxicating beverage or illegal use of controlled substances while on duty; 3. offensive conduct or language toward the public, toward City officers or employees; 4. has participated in conversation or activity which tends to create conflict or in any way jeopardizes or adversely affects or influences the performance, operation, supervision or management of any department or the municipal organization; D. DAMAGES OR NEGLECTS EQUIPMENT OR PROPERTY 1. causes damage to or is negligent in the care or operation of City-owned equipment or propeliy; E. DISHONEST, UNFAIR OR DISCRIMINATORY STATEMENTS OR ACTIONS 1. has favored or discriminated against any applicant for employment or employee because of age, race, religion, color, national origin, ancestry, sex, marital status or physical disability, except for a bona fide occupational qualification; 2. has willfully or cormptly deceived or obstmcted any person in respect to that person's right to apply for or take part in any test or procedure related to employment or advancement; 3. has knowingly and willfully: provided or accepted information, for unauthorized use, in examinations related to hiring or promotions; furnished false information for the purpose of either improving or jeopardizing the prospects or chances of a person being considered for appointment or advancement; committed any act which interferes with or compromises the standard or equality of established hiring and/or promotional practices; 4. has knowingly falsified information on ajob application or other required personnel form; 5. has knowingly falsified any City form, document or work record. 1. has inappropriately used a city identification card. F . INSUBORDINATION 1. fails or refuses to carry out any reasonable, just and legitimate instmction or order of superiors; 2. has willfully violated any of the provisions of the mles and regulations of the City of Salina; G. JOB PERFORMANCE 1. unexcused tardiness or absenteeism; 2. has willfully delayed, slowed down, stopped, hindered, obstructed or prevented any employee in the proper and expedient performance of job duties; 3. has intentionally and deliberately delayed, prolonged, slowed down or procrastinated in the performance of job duties; 4. has influenced or attempted to influence any employee to delay, slow down, procrastinate or in any way fail to properly carry out job duties; 5. is unreliable, neglectful, unfit, incompetent, unwilling, or incapable of fulfilling or carrying out assigned duties and responsibilities; H. PHYSICAL FITNESS 1. has intentionally or by neglect refused or failed to maintain the standard of physical fitness required for performing assigned job; I. SAFETY 1. has ignored, violated or failed to observe mles of safety or has refused or failed to employ safe working practices, thereby jeopardizing personal welfare or that of other persons, or causing damage to or destmction of public or private property; J. VIOLA TION OF A CITY ORDINANCE, STATE OR FEDERAL LAW 1. has induced or attempted to induce any public official or employee to commit an illegal act or to act in violation of any department or municipal regulation; 2. has been convicted of a felony crime or misdemeanor offense which might adversely reflect on or create doubt about the moral character, credibility or reliability of the employee; 3. an employee charged with a criminal offense may be suspended pending a full investigation and/or adjudication. K. USE OF POSITION OR JOB RELATED KNOWLEDGE FOR PRIV A TE GAIN 1. has sought, received, or given any gratuity (in the form of compensation, entertainment, trips, gifts, favors or otherwise) of any "significant value" from or to those who have or seek business dealings with or received service from the City of Salina. 2. has, in any way, used their position, influence, or job related knowledge for private gain for themselves or others. Section 3. FORMS OF DISCIPLINE A. REPRIMAND Supervisors and/or department heads may verbally reprimand employees for violations of municipal or department mles. Verbal reprimands shall be made in a civil, constmctive, businesslike manner. Written reprimands for violation of municipal or department mles shall be forwarded to the Director of Personnel to be made a part of the employee's personnel file. Repeated or multiple reprimands may be cause for more severe disciplinary action. Supervisors and/or department heads, utilizing a reprimand as a discipline tool, shall endeavor to do so with reason. Reprimands should not only admonish or warn the employee, but also lead, guide, direct and instmct the employee in how to correct and avoid repeating the mistake, infraction or deficiency. Reprimands may not be appealed. Concerns over a reprimand should be addressed through the grievance process. Further, the employee may submit a written statement of response to the reprimand which shall be attached to the reprimand in the personnel file. The employee shall receive a copy of the reprimand. B. SUSPENSION A department head may suspend an employee for just cause with the approval of the Human Resources Director. A supervisor may recommend suspension to the department head. The time during the suspension shall be without pay for a period of time not to exceed five (5) working days, or three (3) shifts for 56 hour employees. Employees on suspension during a City or special holiday shall be compensated for such holiday. The holiday shall not be considered a day of suspension. Employees may not elect to use their personal leave day during a period of suspension. The department head may extend the suspension of an employee beyond five (5) working days, or three (3) shifts for 56 hour employees, with approval of the City Manager. A written report on all such suspensions shall be promptly forwarded to the City Manager by the department head to subsequently be filed in the employee's personnel file maintained by the Human Resources Director. The employee shall receive a copy of the written report. An employee who is suspended shall be advised of the action, the reason and the duration within 24 hours of the effective date of such action. The following are examples of grounds for an employee to be suspended; however, an employee may be suspended for reasons other than those herein enumerated, when deemed appropriate by the department head and/or City Manager: violation of or noncompliance with municipal or depatiment mles or regulations; absenteeism; insubordination; abuse, misuse or neglect of City-owned equipment or facilities; has been charged with or under investigation for committing a felony crime or a misdemeanor offense involving moral turpitude. C. REDUCTION IN PAY An employee may receive a reduction in pay not to exceed one salary step as a form of disciplinary action. This form of disciplinary action shall be by written recommendation of the depatiment head and approval of the City Manager. A supervisor may recommend a reduction in pay to the department head. A reduction in pay may be imposed for any of, but not limited to, the following reasons: incompetence, unreliability or neglect of duty; absence without leave; insubordination or serious breach of discipline; willful violations of written mles or regulations; intoxication or consumption of intoxicating beverage while on duty; neglect or misuse of City-owned equipment or facilities; causing or contributing to conflict between employees; offensive conduct toward the public, City officers or other employees; being under the influence or illegal use of controlled substances while on duty; falsification of an employment application or any type report; abuse or improper use of authority. D. DEMOTION An employee may be demoted to a lower paying classification as a form of disciplinary action. This form of disciplinary action shall be by written recommendation of the department head and approval of the City Manager. A supervisor may recommend the demotion of an employee to the department head. A demotion may be imposed for any of, but not limited to, the following reasons: incompetence, unreliability, or neglect of duty; insubordination or serious breach of discipline; willful violation of written mles, policies, or regulations; intoxication or consumption ofintoxicating beverage while on duty; neglect or misuse of City-owned equipment or facilities; causing or contributing to conflict between employees; offensive conduct toward the public, city officers or other employees; being under the influence or illegal use of controlled substances while on duty; falsification of an employment application or any type of report; abuse or improper use of authority; conviction of a violation of the law other than minor traffic offenses. E. DISMISSAL Any employee may be dismissed for just cause. Such action shall be taken only when other forms of disciplinary action or penalties are deemed inappropriate or have proven ineffective. This form of disciplinary action shall be exercised by written recommendation of the department head and approval of the City Manager. A supervisor may recommend the dismissal of an employee to the department head. An employee may be dismissed for any of, but not limited to, the following reasons: incompetence, unreliability or gross neglect of duty; insubordination or serious breach of discipline; willful violation of written mles, policies or regulations; intoxication or consumption of intoxicating beverage while on duty; neglect or misuse of City-owned equipment or facilities; causing or contributing to conflict between employees; offensive conduct toward the public, city officers or other employees; being under the influence of or illegal use of controlled substances while on duty; falsification of an employment application or any type of report; abuse or improper use of authority; conviction of a felony crime or misdemeanor criminal offense. Section 4. APPEALS OF DISCIPLINARY ACTION Any employee, except a newly hired probation employee, shall have the right to appeal any disciplinary action except reprimands. Concerns over a reprimand should be addressed through the grievance process. Any such appeal shall be submitted in writing by the employee within three (3) working days following notification of the action (weekends and holidays excluded). The appeal shall be submitted to the Human Resources Director. For suspensions five (5) working days or less, or three (3) shifts for 56 hour employees, an employee must first appeal the disciplinary action to the City Manager. An employee not satisfied with the City Manager's decision may subsequently appeal that action to the Disciplinary Advisory Board. For other serious disciplinary actions, including suspensions longer than five (5) working days or three (3) shifts for 56 hour employees, reduction in pay, demotion and dismissal, a hearing must be held with the City Manager. Following that hearing, the employee may request a hearing before the Disciplinary Advisory Board. The course of review shall be commenced within three (3) days (weekends and holidays excluded) following receipt of the appeal by the Human Resources Director. Section 5. DISCIPLINARY ADVISORY BOARD The City's Disciplinary AdvisOlY Board exists for the purpose of hearing employee appeals in disciplinary actions and making recommendations to the City Manager in such cases. The Board serves only in an advisory capacity to the City Manager. The Board's recommendations shall not be binding upon the City Manager. The Board of Commissioners of the City of Salina appoint the Disciplinary Advisory Board, composed of nine (9) residents of Salina. Appointees serve a term of three (3) years. Upon receipt of a complaint, the Human Resources Director, in the presence of the aggrieved employee, shall, within three (3) days (excluding weekends and holidays), select by lot three (3) names from this panel to act as an appeal committee. The employee and the department head involved shall each have one (1) challenge to replace any of the original three members selected. Any committee member may refuse to serve on a committee. After selection, the committee shall designate the time and place of the hearing and notify the employee and the department head to appear and bring all pertinent records. Either party may call such witnesses as they desire. The hearing shall be held as soon as practical, considering the preparation needs of the parties involved. The committee shall submit their recommendations and finding to the City Manager within five (5) days (excluding weekends and holidays) after conclusion of the hearing. The City Manager shall make the final decision within five (5) days (excluding weekends and holidays) after receipt of the report and recommendations from the appeal committee. The employee, the department head and the committee members shall receive a copy of the final decision, which shall be placed in the employee's personnel file. The City Manager's decision shall be final. No one employee shall be permitted to appear before any of the same three committee members more than once." Section 9. That Article 24, Sections 3 and 4 of the City of Salina Personnel Manual are hereby amended to read as follow: "Section 3. RESIGNATIONS Employees shall be considered to have resigned in good standing if they have given the department head and/or City Manager advance notice as follows: employees should attempt to give at least two (2) weeks notice, not including vacation time; provided, other circumstances related to the termination and the employee's performance record are such as to justify good standing. However, at the discretion of the department head and/or City Manager, the above preferred periods for notice of resignation may be waived; in which case the employee's record shall indicate "employment terminated in good standing." The above stated periods of preferred notice for resignation shall not include accmed vacation time, unless a waiver so stating is approved by the department head and/or City Manager. In addition to giving proper notice, to be considered in good standing, the employee must not: a) Be on unpaid suspension during resignation; b) Have pending discipline likely resulting in termination; c) Have failed to meet Organizational Values during two consecutive annual performance evaluation periods or more than two times during a five year period. d) Have committed fraudulent or illegal acts against the City e) Have City property issued to the employee still in his or her possession. Section 4. JOB ABANDONMENT An employee who fails to report to work without notice to a supervisor for more than three (3) consecutive working days will be considered to have abandoned his or her position and voluntarily resigned as of the beginning of the fourth working day. Prior to making a determination regarding job abandonment, the employee's supervisor or department head will attempt to contact the employee prior to the voluntary resignation designation to ensure there are no extenuating circumstances present. The City Manager may reinstate the employee if the employee is able to demonstrate that extenuating circumstances interfered with the ability to communicate and/or notify the supervisor as to the reason for the absence. Section 4. REEMPLOYMENT AFTER RESIGNATION A fonner employee who had resigned in good standing and the effective date of his or her reemployment is ninety (90) days or less following the effective date of the resignation shall be considered as being qualified for the same or a comparable classification. Such an applicant shall be exempt from all required tests, other than a physical examination, drug test and completion of an employment application. The applicant for reemployment shall also be exempt from the probationary period and may be reinstated at a salary corresponding to that which the employee was receiving at the time of termination. An employee so reinstated shall be credited with tenure, sick leave and retirement benefits earned prior to termination, subj ect to laws or regulations controlling the particular retirement plan. A former employee who had resigned in good standing and the effective date of their reemployment is more than ninety (90) days following the effective date of their resignation shall be considered a new applicant and shall receive no credit for prior service in calculating employee benefits. The City Manager may grant reasonable waivers to the above requirements in terms of rehiring/reinstating fonner employees." Section 10. That Article 19, Section 9 of the City of Salina Personnel Manual is hereby amended to read as follow: "Section 9. EMPLOYEE EDUCATION AND ASSISTANCE A. Policy. Being impaired by dmgs or alcohol is no excuse for breaking any City mle or policy. Participating in rehabilitation for dmgs or alcohol is no excuse for breaking any City mle or policy. With this in mind, the City supports appropriate services and rehabilitation programs which emphasize education, prevention, counseling and treatment for employees when their personal problems may impair work performance. These problems include drug or alcohol abuse, marital, family or child difficulties, work stress and financial problems. To enhance the well-being of its employees, the City has chosen to make available to its employees an Employee Assistance Program (EAP). B. Employee's Responsibility. It is each employee's responsibility to seek help before the employee's dmg, alcohol or other problems lead to impaired job performance. C. Supportline. The EAP (SuppOli line) 1-800-624-5544 will be coordinated by an external agency, New Directions. This program will include a toll-free 800 number, available 24 hours a day to be answered by a master's level mental heath professional who will provide telephone counseling, and if requested by the caller, referral to appropriate services for further assistance. The 800 # and the policy will be provided to each individual employee and be available on company bulletin boards. D. V oluntary Referral. The EAP will be available to employees and immediate family members to utilize at their own discretion as needed. Unlimited access is available. This process will involve the employee or family members merely dialing the 800 number and discussing the problem with a mental health professional. If requested by the caller and/or if appropriate, a referral will be made to appropriate resources to deal with the problem. An employee's voluntary participation in a referral and/or treatment program for dmg or alcohol abuse will not lessen nor increase any disciplinalY action against that employee, up to and including termination, for any violation of the City's mles or policies. E. Mandatory Referral. Mandatory referrals may be made to the EAP by the City Manager. A mandatory referral shall be the result of a documented problem or problems related to poor job performance on the part of the employee. If a mandatory referral is made, the referral form shall be signed by the employee and the form returned to the City Manager. The City Manager will contact the EAP counselor to alert them to the required contact. The employee will have 48 hours from after signing the referral form to contact an EAP counselor by calling the 800 number and setting up a face-to-face meeting with appropriate referral sources. The EAP counselor will confirm contact from the employee by notifying the Assistant City Manager of City of Salina. Failure to contact the EAP counselor within 48 hours without just cause may be grounds for disciplinary action, including termination. F. Confidentiality. The Employee Assistance Program Administrator shall maintain only those records necessary to comply with the program. After an employee to the EAP, the EAP will maintain all records necessary to carry out its duties. All medical and/or rehabilitation records concerning the employee's problem, including the employee's identity, diagnosis, prognosis, or treatment are confidential and may be disclosed only when authorized through written consent of the employee." Section 11. That this resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this lOth day of December 2007. Alan E. Jilka, Mayor (SEAL ) ATTEST: Lieu Ann Elsey, CMC, City Clerk CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 02/26/2007 TIME 4:00 P.M. AGENDA SECTION NO: 8 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: ITEM NO. Page 1 CITY ATTORNEY 8 BY: BY: Greg Bengtson ITEM: Resolution No. 07-6468 Resolution authorizing the Mayor to execute a Special Warranty Deed to Salina Community Theatre Association and a Community Theatre Maintenance and Operation Agreement. BACKGROUND: On May 7, 2007, the governing body adopted Resolution No. 07-6391, which outlined the sequence of events and the terms and conditions under which the City expressed its intent to convey title to the Community Theatre and the immediately surrounding real estate to the Salina Community Theatre Association, a Kansas not-for-profit corporation (SCTA). That plan is progressing as anticipated. Attached for background reference are copies of the following: Request for City Commission Action (blue sheet) for Resolution No. 07-6391 Signed Resolution No. 07-6391 Community Theatre Maintenance and Operating Agreement (Exhibit A to Resolution No. 07-6391) Section 3 of Resolution No. 07-6391 outlined the "conditions precedent" to the City's transfer of title the Theatre Real Estate to SCTA, as follows: (a) Completion of the preliminary architectural building design and site plan for the proposed expansion of the Theatre; and (b) Preparation (at SCTA expense and by a surveyor approved by the City) of a recordable survey and legal description of the Theatre Real Estate as delineated by agreement between the City and ACTA) for transfer by the City to SCTA. City staff has reviewed the SCTA submittals to date and has determined that the "conditions precedent" to the transfer of title to the Theatre Real Estate to SCT A have been met. The conveyance as proposed includes a portion of vacated 3rd Street but the parking lot to the north and Founders Park along the river bank would remain under the ownership of the City. Section 4 of Resolution No. 07-6391 outlined the "conditions subsequent" under which SCT A's failure to perform certain obligations could require the transfer of title to the Theatre Real Estate back to the City. Section 5 of the Resolution outlined the covenants to which the transfer of title would be subject. Attached is the proposed deed, which recites both the covenants and the "conditions subsequent" which must be met in order for SCT A to retain title, as follows: (a) The SCTA accepts the Theatre Real Estate In its current condition. (b) The SCTA shall not mortgage or otherwise encumber the Theatre or the Theatre Real Estate without the pnor written consent of the City. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 02/26/2007 TIME 4:00 P.M. AGENDA SECTION NO: 8 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: ITEM NO. Page 2 CITY ATTORNEY 8 BY: BY: Greg Bengtson (c) If for any reason SCTA decides not to proceed with its anticipated expansion project or is unable to fully complete the conditions subsequent to the transfer of title to the Theatre Real Estate from the City to SCTA set forth in Section 4 of City of Salina Resolution No. 07-6391, as follows: (1) Diligent completion of final architectural building design and site plan for the proposed expansion of the Theatre; (2) Application for and approval by the City of a replat and planned development district zoning of the area generally bounded by the Smoky Hill River on the north and west, Iron Avenue on the south, and the eastern boundary of the City's parking lot on the east, including dedication of all required access, maintenance, and public utility easements on the replat. (Any costs associated with preparation of the replat shall be at SCT A expense ); (3) Diligent completion of final building plans for the expansion of the Theatre and the filing of a complete submittal accompanying SCTA's application to the City for required building permits; and (4) Diligent completion of construction and qualification for an occupancy permit for the expanded Theatre. on or before December 31, 2012, or such extended date as the parties may agree, SCTA shall promptly convey title to the Theatre Real Estate back to the City. (d) Any proposed sale or lease of all or any potion of the Theatre or the Theatre Real Estate by SCTA and the allocation of proceeds therefrom between SCTA and the City shall be subject to the prior written consent and agreement of the City. (e) If SCTA discontinues operation of the Theatre as a community theatre, the City shall have the option to purchase the Theatre Real Estate by either paying or assuming all legitimate financial obligations of SCTA as determined upon the basis of an audit conducted by the City and approved by SCTA. Transfer of title to the Theatre Real Estate also prompts the need for initiation of operations under the new Community Theatre Maintenance and Operating Agreement. The proposed Agreement remains the same as considered by the governing body last May with a proposed commencement date of January 1, 2008. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 02/26/2007 TIME 4:00 P.M. AGENDA SECTION NO: 8 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: ITEM NO. Page 3 CITY ATTORNEY 8 BY: BY: Greg Bengtson CONFORMANCE WITH STRATEGIC PLAN: Goal #3: The City will provide the highest quality of services, consistent with governing body direction, available resources and staff commitment to quality, and Goal #5: The City will maintain a commitment to making downtown Salina a thriving and vibrant center of the community. FISCAL NOTE: Under the proposed Maintenance and Operating Agreement the City will continue to provide routine janitorial services and maintenance of the Theatre; however, SCTA will pay the City $3,000 per year to be used toward fulfilling the City's maintenance responsibilities. RECOMMENDED ACTION: Approve Resolution No. 07-6468, authorizing the Mayor to execute a Special Warranty Deed and Community Theatre Maintenance and Operating Agreement. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 5/7/2007 TIME 4:00 P.M. AGENDA SECTION NO: 8 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: CITY MANAGER'S OFFICE ITEM NO. Page 1 4 BY: Jason A. Gage, City Manager BY: ITEM: Resolution No. 07-6391 Authorize a resolution of intent to convey title of real estate to the Salina Community Theatre Association. BACKGROUND: The Salina Community Theatre Association (SCTA) has operated out of the current community theatre building since its construction and dedication to the City in 1972. The City and SCT A have been under an operation and maintenance agreement since that time. Over the last 35 years, the SCTA has provided our community with hundreds of the highest quality performances and is now ranked in the top one percent (1 %) of community theatres nationally. The original building was constructed on privately donated land with private funding. The SCTA is currently in the planning stages for the development of a major theatre expansion project. This project was first introduced to the City Commission at a study session in June of last year. It includes the addition of a "black box" theatre, classroom space, rehearsal areas, dressing rooms, an expanded lobby and box office, concession area, office and meeting rooms. SCTA has requested that the current building and related property be conveyed to them In order to best explore private grant opportunities for the expansion project. As a result, Staff has provided for the City Commission's consideration a Resolution of Intent regarding the future conveyance of property for this purpose. The Resolution of Intent is not a binding action, but outlines the intent of the City Commission in working with the SCTA to assist them in making their project vision a reality. The primary components of the Resolution of Intent are as follows: . Completion by SCTA of preliminary architectural building design plans, site plan and survey of the property, . Formal consideration by the City Commission to convey the building and property to SCTA, which allows them to submit for private grant funding; . Commencement by SCTA of final architectural building plans and site plan; . Submission by SCTA of an application to the City for a property re-plat and planned development district (POD) zoning of the site, . Completion by SCTA of building and site design plans for City consideration; . Construction of the theatre expansion project; . The inclusion of related deed covenants, which includes: - SCT A cannot mortgage, sell or lease the Theatre or real estate without written consent of the City; - Unless otherwise agreed to by both parties, title to the building and property will be transferred back to the City if SCT A does not proceed with the expansion project or is unable to complete it by December 31,2012; - If SCTA discontinues operation of the Theatre as a community theatre, the City is granted the first option to purchase the Theatre by either assuming or paying off CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 5/7/2007 TIME 4:00 P.M. AGENDA SECTION NO: 8 ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: CITY MANAGER'S OFFICE ITEM NO. Page 2 4 BY: BY: Jason A. Gage, City Manager outstanding financial obligations. . Upon issuance of a Certificate of Occupancy to use the Theatre expansion, the City Commission will consider an amended maintenance and operations agreement that is very sim ilar to the version already in use. All development activities mentioned will be at SCTA's cost. The final plat will also take into consideration the adjacent public park and related access along the river. All formal actions related to the property conveyance and site development will be reviewed and formally considered in the same way as with other development projects. Staff believes this resolution of intent is consistent with the ongoing arrangement between the City and SCTA, and communicates to them the City's desire to assist them in completing their expansion project for the betterment of our community. CONFORMANCE WITH STRATEGIC PLAN GOAL #3: The City will provide the highest quality of services, consistent with governing body direction, available resources and staff commitment to quality, and GOAL #5: The City will maintain a commitment to making downtown Salina a thriving and vibrant center of the community. Staff believes this action conforms with Goals 3 and 5. It will assist the SCTA in fulfilling its vision for the youth of our region, will improve an already outstanding community service, and will continue to reinforce our downtown as a destination. FISCAL NOTE: This item has no fiscal impact at this time. ALTERNATIVES AND RECOMMENDED ACTION: Alternative #1: Approve Resolution No. 07-6391, authorizing a resolution of intent to convey title of real estate to the Salina Community Theatre Association Alternative #2 Do not approve Resolution No. 07-6391 at this time. Staff recommends Alternative #1. Attachments: Resolution No. 07-6391 SCT A Site Photo I I I RESOLUTION NUMBER 07-6391 A RESOLUTION EXPRESSING THE INTENT OF THE CITY OF SALINA, KANSAS TO CONVEY TITLE TO CERTAIN REAL ESTATE TO THE SALINA COMMUNITY THEATRE ASSOCIATION AND TO ENTER INTO AN AGREEMENT WITH THE SALINA COMMUNITY THEATRE ASSOCIATION PRESCRIBING THEIR RESPECTIVE RESPONSIBILITIES IN RELATION TO MAINTENANCE AND OPERATION OF THE SALINA COMMUNITY THEATRE. WHEREAS, the Salina Community Theatre Association (SCT A) is a private, not-for-profit corporation organized under the laws of the State of Kansas, for the purposes of establishing a community theatre and promoting a better understanding of theatre; and WHEREAS, SCT A operates the Salina Community Theatre (SCT) in a theatre facility (the "Theatre") currently owned by the City of Salina, Kansas (the "City") located at 303 East Iron Avenue; and ' WHEREAS, the Theatre was constructed on privately donated land with privately donated funds and conveyed to the City upon its completion in 1972; and WHEREAS, SCT has produced quality theatre for adults and children since 1960; continues to evolve its programming to meet the changes in tastes and the needs of the community; and ranks in the top one percent (I %) of all community theatres in the United States; and WHEREAS, current SCT programming needs, combined with partnerships with the Saint Francis Academy and Kansas Wesleyan University make the creation of a new performance space a necessity; and WHEREAS, SCT anticipates an expansion of the Theatre, including (I) a "black box" theatre with classroom, rehearsal, and dressing room space below the performance area, and (2) an expanded lobby with box office and concession areas, office and meeting rooms above and storage space below; and WHEREAS, the current working relationship between the City and SCT A relating to operation of the Theatre is addressed in an Agreement between the City and SCT A dated January 12, 1970, which should be updated to address the maintenance and operation of the expanded Theatre; and WHEREAS, the SCT A has recommcnded that fund raising for the proposed expansion and future capital needs of the Theatre can best be addressed with SCTA ownership of the Theatre; and WHEREAS, the City desires to declare its intent to convey title to the Theatre and the immediately surrounding real estate and to enter into a new agreement with SCT A addressing maintenance and operation of the expanded Theatre, all upon the conditions outlined in this Resolution; SO NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of Salina, Kansas, that: Section 1. The Governing Body makes the findings set forth above. Section 2. The Governing Body determines that enhancement of the prospects for success of the proposed expansion of the Theatre and the resulting benefit to the citizens of Salina and all other patrons of the Theatre warrant the trans~er of title to the Theatre and the immediately surrounding real estate to SCT A, upon the conditions set forth herein. Section 3. The Governing Body declares its intent to convey title to the Theatre, the real estate upon which the Theatre is located and the immediately surrounding real estate (collectively, the "Theatre Real Estate) to SCT A, subject to reservations of certain access and maintenance easements, upon completion by SCT A of the following conditions precedent: I. Completion of the preliminary architectural building design and site plan for the proposed expansion of the Theatre; and 2. Preparation (at SCT A expense and by a surveyor approved by the City) of a recordable survey and legal description of the Theatre Real Estate as delineated by agreement between the City and SCT A ) for transfer by the City to SCT A; I I I Section 4. Upon completion.of the conditions precedent set forth in Section 3, the City will convey title to the Theatre Real Estate to SCT A, subject to the following conditions subsequent: I. Diligent completion of final architectural building design and site plan for the proposed expansion of the Theatre; 2. Application for and approval by the City of a replat and planned development district zoning of the area generally bounded by the Smoky Hill River on the north and west, Iron Avenue on the south, and the eastern boundary of the City's parking lot on the east, including dedication of all required access, maintenance, and public utility easements on the replat. (Any costs associated with preparation of the replat shall be at SCTA expense); 3. Diligent completion of final building plans for the expansion of the Theatre and the filing of a complcte submittal accompanying SCT A's application to the City for requircd building permits; and 4. Diligent completion of construction and qualification .for an occupancy permit for the expanded Theatre. If for any reason SCT A decides not to proceed with its anticipated expansion project or is unable to complete the conditions subsequent by December 31, 2012, or such extended date as the parties' may agree, SCT A will convey title to the Theatre Real Estate back to the City. Section 5. The transfer of title to the Theatre Real Estate from the City to SCT A shall be subject to the following deed covenants: 1. The SCT A shall accept the Theatre and the Theatre Real Estate in their current condition, unless otherwise specified by the City. 2 The SCT ^ shall not mortgage or otherwise encumber the Theatre or the Theatre Real Estate without the prior written consent of the City. 3 If for any reason SCT A decides not to proceed with its anticipated expansion project or is unable to fully complete the conditions subsequent to the transfer of title to the Theatre Real Estate from the City to SCT A set forth in Section 4 above on or before December 31, 2012, or such extended date as the parties may agree, SCTA shall promptly convey title to the Theatre Real Estate back to the City. 4. Any proposed sale or lease of all or any portion of the Theatre or the Theatre Real Estate by SCT A and the allocation of proceeds there from between SCT A and the City shall be subject to the prior written consent and agreement of the City. 5. If SCT A discontinues operation of the Theatre as a community theatre, the City shall have the option to purchase the Theatre Real Estate by either paying or assuming all legitimate financial obligations of SCT A as determined upon the basis of an audit conducted by the City and approved by SCT A. Section 6. The Governing Body declares its intent that, upon the transfer of title to the Theatre Real Estate from the City to SCTA, it shall authorize the Mayor to execute a Salina Community Theatre Maintenance and Operations Agreement substantively equivalent to the terms and conditions of the form of Agreement attached and incorporated as Exhibit A. Section 7. That this resolution shall be in full force and effect from and after its adoption. Adopt,d by the B""d of Comm;~;oncr' "'" ,;gna;::,ym ~;n a ~,y of M,y, 2007. Alan E. J~a:~hCf( /,- r' 0'.1 0 ~ [Exhibit A] COMMUNITY THEATRE MAINTENANCE AND OPERATING AGREEMENT 0 This Agreement made this _ day of , 2007 by and between the City of Salina, Kansas, a Kansas municipal corporation, hereinafter referred to as the CITY and the Salina Community Theatre Association, a Kansas nonprofit corporation, hereinafter referred to as the SCT A. WHEREAS, the SCT A is a private, nonprofit corporation organized under the laws of the State of Kansas for the propose of establishing a community theatre and promoting a better understanding of theatre; and WHEREAS, the SCT A operates the Salina Community Theatre in a theatre facility (the "Theatre") located at 303 East Iron A venue that serves as a major community resource for theatre and is open to all members of the public; and WHEREAS, the SCT A through its staff offers to the community a comprehensive educational and performance program; and WHEREAS, the SCT A is the only provider of theatre educational and performance opportunities for young people in grades K-8 and for the home schooled in this region; and WHEREAS, the SCT A has been a foundation in the cultural, educational, and - volunteer landscapes in Salina for over 45 years; and WHEREAS, the CITY has transferred ownership and SCT A has acquired ownership of the Theatre, the real estate upon which the Theatre is located and the immediately surrounding real estate (collectively, the "Theatre Real- Estate") legally described as: (legal description). WHEREAS, the current working relationship between the City and SCT A relating to operation - of the Theater is addressed in an Agreement between the City and SCT A dated January 12, 1970; which Agreement should be updated to address the maintenance and operation of the Theatre. '1 I The CITY and the SCT A agree as follows: Section 1. SCT A Duties. The SCT A shall be responsible for the following items: A. The title to the Theatre Real Estate and all related responsibilities not delegated to the CITY under this agreement shall remain in the name of Salina Community Theatre Association, and its successor organization, if any, throughout the term of this Agreement. B. The SCTA shall annually pay the City $3000.00 for use by the City in fulfilling the .maintenance responsibilities set forth in Section 2.C below. Any future capital improvements to the Theatre by the seTA (e.g. the orchestra pit lift) will also be covered under this provision. C: The SCT A shall maintain insurance coverage on all pe'rsonal property located in the facility; shall maintain general liability coverage for the operation of the Theatre in an amount deemed sufficient by both the SCT A and the CITY; and, during periods of construction of any additions or improvements to the Theatre, shall maintain an appropriate amount of builders risk coverage. Section 2. CITY Duties. The CITY shall provide the following services: A. The CITY shall pay for water, . sanitary sewer, electrical, and natural gas services for the THEATRE beginning - _,2007. B. The CITY shall provide routine janitorial services including routine sweeping and cleaning of the building proper and restrooms, replacing light bulbs and lighting repair not associated with theatre productions, and removing trash. Routine janitorial service shall not include: . I. Cleaning of backstage areas or scene shop; 2. Cleaning after classes, demonstrations or rehearsals; or 3. Furnishing paper or cleaning products for classes, demonstrations either in the class or for clean up. C. The CITY shall maintain the Theatre, including the necessary maintenance, repair, or replacement of plumbing and plumbing fixtures, heating and air conditioning systems, electrical systems not associated with theatre productions, the marquee, and the roof. The maintenance responsibility of the CITY shall not include any proposed productions, 2 ['{ storage or protection of personal property owned and under control of the SCT A, or educational or other SCT A programs. D. The CITY will maintain the landscaping around the THEATRE. E. The CITY will provide snow removal from the sidewalks and parking areas at the THEATRE. F. The CITY will provide commercial property insurance rated at replacement value on the existing Theatre and any future building additions or improvements as owned by the SCT A. Section 3. Effective Date. . This Agreement shall become effective Date"). _, 2007 (the "Effective Section 4. Term and termination. This Agreement shall remain in effect until December 31; 2057. If within this period, the SCT A sells or otherwise disposes of the property described herein, this Agreement shall be terminated. Section 5. Required reports, The SCTA shall submit annually to the City Manager or others designated by the City Manager the following items: A. Before September 1st of each year (the beginning of the SCTA's fiscal year), the annual proposed budget and program of services for the SCT A for the next fiscal year; and B. The SCTA's annual report and audit within 30 days of completion by the independent auditors. In addition, if and when the SCT A has any plans that significantly relate to changes or additions in the physical building, the City Manager shall be informed of such changes as they relate to this agreement before such building changes or additions are implemented. Section 6. Termination of prior agreement. It is the intent of the parties that on the Effective Date this Agreement shall serve as a substitute and replace the prior agreement dated January 12, 1970, which shall be deemed terminated as of the Effective Date of this Agreement. 3 Section 7. Binding effect. 1 ' '. "f This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns. ATTEST: By: SALINA COMMUNITY THEATRE ASSOCIATION By: , President CITY OF SALINA, KANSAS 4 Alan E. Jilka, Mayor" Lieu Ann Elsey, CMC, City Clerk By: SPECIAL WARRANTY DEED WITH COVENANTS THIS INDENTURE, made this 17th day of December, 2007, between the CITY OF SALINA, KANSAS, a municipal corporation, ("City") and the SALINA COMMUNITY THEA TRE ASSOCIATION, a Kansas not-for-profit corporation, ("SCT A"). WITNESSETH: That the City, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does by these presents grant, bargain, sell, and convey unto SCT A, with special warranty covenants, all of the real estate legally described on the attached and incorporated Exhibit A, including the theatre facility located thereon (the "Theatre"), situated in Saline County and the State of Kansas, (collectively referred to as the ("Theatre Real Estate"), SUBJECT TO easements, restrictions, any other matters of record, and the following deed covenants which shall be binding upon and run with the Theatre Real Estate until either released or modified by the governing body of the City: (a) The SCT A accepts the Theatre Real Estate in its current condition. (b) The SCT A shall not mortgage or otherwise encumber the Theatre or the Theatre Real Estate without the prior written consent of the City. (c) If for any reason SCTA decides not to proceed with its anticipated expansion project or is unable to fully complete the conditions subsequent to the transfer of title to the Theatre Real Estate from the City to SCT A set forth in Section 4 of City of Salina Resolution No. 07-6391, as follows: (1) Diligent completion of final architectural building design and site plan for the proposed expansion of the Theatre; (2) Application for and approval by the City of a replat and planned development district zoning of the area generally bounded by the Smoky Hill River on the north and west, Iron Avenue on the south, and the eastern boundary of the City's parking lot on the east, including dedication of all required access, maintenance, and public utility easements on the replat. (Any costs associated with preparation of the replat shall be at SCT A expense); (3) Diligent completion of final building plans for the expansion of the Theatre and the filing of a complete submittal accompanying SCT A's application to the City for required building permits; and (4) Diligent completion of construction and qualification for an occupancy permit for the expanded Theatre. on or before December 31, 2012, or such extended date as the parties may agree, SCT A shall promptly convey title to the Theatre Real Estate back to the City. (d) Any proposed sale or lease of all or any potion of the Theatre or the Theatre Real Estate by SCT A and the allocation of proceeds therefrom between SCT A and the City shall be subject to the prior written consent and agreement of the City. (e) If SCT A discontinues operation of the Theatre as a community theatre, the City shall have the option to purchase the Theatre Real Estate by either paying or assuming all legitimate financial obligations of SCT A as determined upon the basis of an audit conducted by the City and approved by SCT A. TO HAVE AND TO HOLD THE SAME, together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, forever. The City covenants that the City is lawfully seized of the City's interest in the Theatre Real Estate and has good right to convey the City's interest in the Theatre Real Estate and guarantees the quiet possession of the Theatre Real Estate against the claims of those claiming any right, interest or title through the City, except as may be described above, and further covenants that the Theatre Real Estate is free from all encumbrances created by the City, except as may be described above, and the City will warrant and defend the Theatre Real Estate against all lawful claims of those claiming any right, interest or title through the City, except as may be described above; but the City does not warrant title against those claiming a right, interest or title that arose prior to, or separate from, the City's interest in the Theatre Real Estate. IN WITNESS WHEREOF, the City hereunto has caused this deed to be executed by its duly authorized Mayor and has caused its corporate seal to be hereunto affixed on the day and year first above written. CITY OF SALINA, KANSAS By: Alan E. Jilka, Mayor ATTEST: Lieu Ann Elsey, CMC, City Clerk ACCEPT ANCE OF COVENANTS On behalf of SCT A, its officers, directors and employees, the undersigned duly authorized representative of SCT A accepts on behalf of SCT A the terms of the deed covenants set forth above which shall be binding upon and run with the Theatre Real Estate until either released or modified by the governing body of City. IN WITNESS WHEREOF, SCT A has caused this acceptance of covenants to be executed by its duly authorized officer the day and year first above written. SALINA COMMU1\!ITY THEA TRE ASSOCIA nON By: Daran A. Neuschafer, President STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this _ day of December, 2007, before me, the undersigned, a notary public in and for the county and state aforesaid, came Alan E. Jilka, Mayor of the City of Salina, Kansas, and Lieu Ann Elsey, CMC, City Clerk, who are personally known to me to be the same persons who executed as such officers the within instrument of writing on behalf of the City of Salina, Kansas, and such persons duly acknowledged the execution of the same to be the act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this _ day of December, 2007, before me, the undersigned, a notary public in and for the county and state aforesaid, came Daran A. Neuschafer, President of the Salina Community Theatre Association, who is personally known to me to be the same person who executed as such officer the within instrument of writing on behalf of the Salina Community Theatre Association of Salina, Kansas, and such person duly acknowledged the execution of the same to be the act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. Notary Public EXHIBIT A Legal Description A parcel of land located in Lots 103, 105 and 107 on Fourth Street, Lots 100, 102, 104, 106 and 108 on Third Street in the Original Town, together with that portion of vacated Third Street adjoining said Lots, all in the City of Salina, Saline County, Kansas, more particularly described as follows: Commencing at the Southwest corner of Lot 107 on Third Street in said Original Town; thence on an assumed bearing ofN 89045'45" W along the North right-of-way line ofIron Avenue a distance of 40.00 feet to the POINT OF BEGINNING of the parcel to be described; thence continuing N 89045'45" W along said North right-of-way line a distance of 160.08 feet; thence N 00000'00" E a distance of29.02 feet; thence N 45000'00" W a distance of37.08 feet; thence N 00000'00" E a distance of 72.85 feet; thence N 45000'00" E a distance of 160.87 feet; thence S 45000'00" E a distance of 67.07 feet; thence N 90000'00" E a distance of 55.57 feet; thence S 00000'00" E a distance of 45.21 feet; thence N 00000'00" W a distance of 30.45 feet; thence S 00000'00" E a distance of 150.00 feet to the POINT OF BEGINNING; Said parcel contains 36,892 square feet, more or less, and is subject to easements, reservations and restrictions of record. COMMUNITY THEATRE MAINTENANCE AND OPERATING AGREEMENT This Agreement made this 17th day of December, 2007 by and between the City of Salina, Kansas, a Kansas municipal corporation, hereinafter referred to as the CITY and the Salina Community Theatre Association, a Kansas nonprofit corporation, hereinafter referred to as the SCT A. WHEREAS, the SCT A is a private, nonprofit corporation organized under the laws of the State of Kansas for the propose of establishing a community theatre and promoting a better understanding of theatre; and WHEREAS, the SCT A operates the Salina Community Theatre in a theatre facility (the "Theatre") located at 303 East Iron Avenue that serves as a major community resource for theatre and is open to all members of the public; and WHEREAS, the SCT A through its staff offers to the community a comprehensive educational and performance program; and WHEREAS, the SCT A is the only provider of theatre educational and performance opportunities for young people in grades K-8 and for the home schooled in this region; and WHEREAS, the SCT A has been a foundation in the cultural, educational, and volunteer landscapes in Salina for over 45 years; and WHEREAS, the CITY has transferred ownership and SCT A has acquired ownership of the Theatre, the real estate upon which the Theatre is located and the immediately surrounding real estate (collectively, the "Theatre Real Estate") legally described on the attached and incorporated Exhibit A. WHEREAS, the current working relationship between the City and SCT A relating to operation of the Theater is addressed in an Agreement between the City and SCT A dated January 12, 1970; which Agreement should be updated to address the maintenance and operation of the Theatre. The CITY and the SCT A agree as follows: Section 1. SCT A Duties. The SCT A shall be responsible for the following items: A. The title to the Theatre Real Estate and all related responsibilities not delegated to the CITY under this agreement shall remain in the name of Salina Community Theatre Association, and its successor organization, if any, throughout the term of this Agreement. B. The SCT A shall annually pay the City $3000.00 for use by the City in fulfilling the maintenance responsibilities set forth in Section 2.C below. Any future capital improvements to the Theatre by the SCT A (e.g. the orchestra pit lift) will also be covered under this provision. C. The SCT A shall maintain insurance coverage on all personal property located in the facility; shall maintain general liability coverage for the operation of the Theatre in an amount deemed sufficient by both the SCT A and the CITY; and, during periods of construction of any additions or improvements to the Theatre, shall maintain an appropriate amount of builders risk coverage. Section 2. CITY Duties. The CITY shall provide the following services: A. The CITY shall continue to pay for water, sanitary sewer, electrical, and natural gas services for the THEATRE following the transfer of title to the Theatre Real Estate from the CITY to SCT A. B. The CITY shall provide routine janitorial services including routine sweeping and cleaning of the building proper and restrooms, replacing light bulbs and lighting repair not associated with theatre productions, and removing trash. Routine janitorial service shall not include: 1. Cleaning of backstage areas or scene shop; 2. Cleaning after classes, demonstrations or rehearsals; or 3. Furnishing paper or cleaning products for classes, demonstrations either in the class or for clean up. C. The CITY shall maintain the Theatre, including the necessary maintenance, repair, or replacement of plumbing and plumbing fixtures, heating and air conditioning systems, electrical systems not associated with theatre productions, the marquee, and the roof. The maintenance 2 responsibility of the CITY shall not include any proposed productions, storage or protection of personal property owned and under control of the SCT A, or educational or other SCT A programs. D. The CITY will maintain the landscaping around the THEATRE. E. The CITY will provide snow removal from the sidewalks and parking areas at the THEATRE. F. The CITY will provide commercial property insurance rated at replacement value on the existing Theatre and any future building additions or improvements as owned by the SCT A. Section 3. Effective Date. This Agreement shall become effective January 1, 2007 (the "Effective Date"). Section 4. Term and termination. This Agreement shall remain in effect until December 31, 2057. If within this period, the SCT A sells or otherwise disposes of the property described herein, this Agreement shall be terminated. Section 5. Required reports. The SCT A shall submit annually to the City Manager or others designated by the City Manager the following items: A. Before September 151 of each year (the beginning of the SCT A's fiscal year), the annual proposed budget and program of services for the SCTA for the next fiscal year; and B. The SCTA's annual report and audit within 30 days of completion by the independent auditors. In addition, if and when the SCT A has any plans that significantly relate to changes or additions in the physical building, the City Manager shall be informed of such changes as they relate to this agreement before such building changes or additions are implemented. Section 6. Termination of prior agreement. It is the intent of the parties that on the Effective Date this Agreement shall serve as a substitute and replace the prior agreement dated January 12, 1970, which shall be deemed terminated as of the Effective Date of this Agreement. 3 Section 7. Binding effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns. SALINA COMMUNITY THEA TRE ASSOCIATION By: Daran R. Neuschafer, President CITY OF SALINA, KANSAS By: Alan E. Jilka, Mayor ATTEST: By: Lieu Ann Elsey, CMC, City Clerk 4 RESOLUTION NUMBER 07-6468 A RESOLUTION AUTHORIZING THE CITY MANGER TO EXECUTE A SPECIAL WARRANTY DEED TO SALINA COMMUNITY THEATRE ASSOCIATION AND A COMMUNITY THEATRE MAINTENANCE AND OPERATION AGREEMENT. BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. That the Mayor is hereby authorized to execute a Special Warranty Deed to Salina Community Theatre Association and a Community Theatre Maintenance Operation Agreement, subject to the terms and conditions of the agreement. Section 2. That the City Clerk is hereby directed to file the original agreement and retain according to the City of Salina Records Management Policy. Section 3. That this resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this 1 ih day of December, 2007. Alan E. Jilka, Mayor (SEAL) ATTEST: Lieu Ann Elsey, CMC, City Clerk S'l:7'SN'l:7'>i ''VNI'''''l:7'S ~, ~ ~ HIIII~ ~ c= ~ II1111 ~ .,Cl ~ I 13<JOt'i3l::l Puv NOI.l.IClCI'<I 3!l::::!1JL 'Q?3HJL A.JLDNn~IIlf'\'IOO 'Q?N~u'Q?S ~:>" ~tJ lliil!lll !I!~, w ~~~"'i"~ ~~ ~~ ~~~ 2 ~~~!~:i ~~ !~~g:~; I ~Si"~~!' l"~~~' "':i(~~:.'o",L.J ~~ t;;~tiQ"'~ =e~~~~i!:g :~~~g~ 2: ", II It; W IO~ 5 5..: I 'W . 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