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8.3 Personnel ManualCITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 11/24/97 4:00 P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. 8 AGENDA: CITY MANAGER'S OFFICE ITEM Michael W. Morgan BY: ~ ~ B ITEM: Resolution #97-5216 amending the Personnel Manual by replacing Articles 12, 15, 16, 17, 18, 23 and 24. BACKGROUND: The Personnel Manual is routinely reviewed to ensure legal compliance and to make necessary changes based on employee and staff input. The document serves as a primary communication tool with our employees regarding personnel policies and employee benefits. On an interim basis, administrative interpretations are made until appropriate revisions can be made by resolution. In most articles, the proposed changes are not substantive, but are rather minor changes. Further, all of the proposed changes were reviewed by the Employee Council. Revisions can be identified as follows: Additions and tgetetiofts. Listed below are the Articles from the Personnel Manual that are being proposed for revision: Article 12 (Workers' Compensation) - Housekeeping. ,Article 1,5 (Vacation) - Reflects previously approved, 1998 Budget, accrual increase for employees who have worked 5-10 years. Article '16 (Sick Leave) - Section I - Expands definition of family members and allows sick leave to be used for certain emergency situations. Eliminates a separate leave category, emergency leave. Article 17 (Other Leave) - Section '1 - Eliminates emergency leave. Article 18 (Work Regulations) - Section 12 & Section 15 - Adds requirement that employees must notify the Finance Department of address changes etc. for health insurance record keeping. Incorporates previously approved E-Mail Policy and new software duplication policy. Article 23 (Discipline) - Section 4 - Requires employees to appeal suspensions, five (5) days or less, to the City Manager prior to the Disciplinary Advisory Board. This will ensure that the City Manager has had the opportunity to meet and discuss with the employee the appeal. Article 24 (Separation and Reinstatement) - Section 3 - Change notice requirement from 30 to 14 days for management staff to ensure good standing. RECOMMENDATION: Adoption of Resolution #97-5216 December 1997 ARTICLE 12 "Workers Compensation" All municipal employees are covered by Workers Compensation Insurance. This includes part-time and temporary employees as well as all regular full-time employees. References to a "compensable" injury shall mean an injury which is compensable under the Kansas Workers Compensation Act in effect at the time of injury. Following every on-the-job injury, -" ............ ........ r~pc,,-t~d t,, th~ d~p~,,-tm~t,'-,~o~,,-' o, ,d o,, incident reports shall be completed by the employee and his/her supervisor and sent immediately to the Risk-Mawagef City Manaqer's Office. If the injury results in lost time of less than three (3) consecutive weeks, any time lost on the date of the injury and up to the first seven (7) calendar days following the day an employee is unable to work due to a compensable injury, will be charged as injury leave and the employee may elect to be advanced full pay without use of accrued leave. If a determination has not been reached regarding the employee's eligibility for workers compensation benefits within the first seven (7) days, additional leave may be granted with the City Manager's approval. After seven (7) calendar days that an employee is absent due to a compensable injury under the Kansas Workers Compensation Act, the following options are available: The employee will only receive weekly workers compensation benefits according to the formula of the state of Kansas. This is 66.67% of the employee's gross weekly wage, up to a prescribed maximum as established by state statute. The days the employee is absent while receiving these benefits will not be deducted from the employee's accrued leave. The employee will not receive regular pay during this time; At the election of the employee, the employee may use portions of their sick, vacation or personal leave, as needed, above the workers compensation benefit in order to receive a pay check approximating the current take-home pay. Any leave so taken will be deducted from the employee's accrued leave. Once exhausting all accumulated leave, the employee will receive only the workers compensation benefits according to the formula of the state of Kansas, as described in paragraph A, above. Any employee who is receiving workers compensation benefits (either option A or B) will be considered to be on paid status and will continue to accrue all benefits as if the employee was working: If the compensable injury results in lost time of three (3) consecutive weeks or more, workers compensation will retroactively pay the employee for the first seven (7) calendar days of the compensable injury (the "retroactive workers compensation benefit"). (This is the time which was originally advanced by the city as injury leave under the employee's election.) To eliminate the resulting duplicate payment to the employee, the city will offset against the injury leave advance an amount equal to the retroactive workers compensation benefit received by the employee by deducting such amount from the employee's future pay. If the injury is determined not to be compensable under the Kansas Workers Compensation Act, the employee shall reimburse the City for pay advanced for all days not worked through deductions from the employee's pay, use of accrued sick and/or vacation leave, or both. Any medical care needed for compensable injuries shall be provided by the doctor designated by the City. The City shall not be liable or billed for medical care not provided or authorized by the City's doctor, unless it is for bona-fide emergency care provided at the time of the injury. 12-1 Workers' Compensation Questions and Answers Attachment 12-A (October 1997) What is Workers' Compensation ? Workers' Compensation is a state required insurance plan provided by the City to pay an employee benefits for a job-related injury or death. What type of benefits are paid by Workers' Compensation? Employees who are injured while on the job are entitled to reasonable and necessary medical benefits to treat the job-related injury or illness, income benefits to replace part of the wages lost due to the disability and survivors' benefits if death results. What must I do ill am injured on the job? You must immediately notify your supervisor and, if necessary, obtain emergency medical assistance. Within 24 hours of the injury, you and your supervisor must each complete a report describing the accident. Will I be charged sick leave if I miss work? If you miss time at work as a result of an on-the-job injury, unless you request otherwise, you will receive an advance equal to your full pay for the remainder of the day of the accident and for your regularly scheduled time during the first week following. Beginning with the second week, workers' compensation will pay you weekly for 2/3 of your regular pay up to the maximum amount allowed by state law. (This amount is tax-free.) If you have sick leave, vacation or personal leave available, you may elect to use as much as is necessary to keep your net (take-home) pay close to the amount you were receiving prior to the injury. If I am injured and must remain off work, how much will workers' compensation pay? After a one-week waiting period, workers' compensation will pay you weekly for 2/3 of your regular pay up to the maximum amount allowed by state law. What is the maximum amount of workers' compensation pay allowed by state law? This amount usually changes on July 1 of each year. It currently is $351 per week for the period of July 1, 1997 through June 30, 1998. Are my medical bills paid by my health insurance? No. All authorized medical expenses you have as a result of the injury are paid by the City of Salina or its representative. What are authorized medical expenses? The City of Salina uses the medical services of Dr. W. Reese Baxter at Salina Family Physicians, 617 E. Elm, (785) 825-8221. Unless a medical emergency exists at the time of the injury, treatment is provided by Dr. Baxter, or by a physician or health care provider to whom he might refer you. Any other medical treatment or care is considered to be unauthorized and payment may be your responsibility. What happens to the benefits I would normally be accruing if I wasn't off thejob? If you are receiving workers' compensation benefits, you are still considered to be on paid status and will continue to accrue all benefits as normal. I've heard that I have to reimburse the City for a portion of my workers' compensation at some point. Is that true? If you have any injury which causes you to be off work for more than three (3) weeks, workers' compensation pays you retroactively for the first week you were off work. If you elected not to receive an advancement of your full pay for the first week (see question #4), you may keep the check and continue as you had until you return to work. If you elected to receive the advance for the first week, the amount of the extra check received will be deducted from as many paychecks as necessary to reimburse the City for money already advanced to you. Does the City allow injured employees to return to work on a "light duty" basis? Occasionally, "light or limited duty" is available so that employees may return to work sooner. This duty is available only with the consent of the employee's supervisor, the department head and the City's workers' compensation manager. Light duty is not a right of the employee or an obligation of the City. Assignment of light duty is strictly a management decision and will be made in the best interests of the employee and the City. Light duty may be assigned in a department other than the employee's home department. If no light duty is available, the employee must remain off the job until released by a doctor for full duty. If I have questions about workers' compensation, who can I call? You may contact the City Manager's Office (826-7475) or the Personnel Department (826-7400). ARTICLE 15 "Vacation" December 1997 Section 1. Accrual. All regular employees (except employees working twenty-four (24) hours on duty and forty-eight (48) hours off duty) earn vacation with pay as follows: Years of Total Service Vacation Vacation Hrs./Year Hrs./Month Start through 4 years 5 through 9 years 10 through 19 years 20 years and beyond 80 6.6667 9___~6 8.000 120 10.0000 160 13.3333 Employees working twenty-four (24) hours on duty and forty-eight (48) hours off duty shall earn vacation with pay as follows: Years of Total .Service Vacation Vacation Hrs./Year Hrs./Month Start through 4 years 5 through 9 years 10 through 19 years 20 years and beyond 112 9.3333 134 11.2000 168 14.0000 224 18.6667 Classified part-time employees earn vacation with pay as follows: Years of Total Service Vacation Hrs./Year Vacation Hrs./Month Start through 4 years 5 through 9 years 10 through 19 years 20 years and beyond 40 6O 8O 3.3333 4.0000 5.0000 6.6667 Regular part-time employees earn vacation with pay as follows: Years of Total Service Vacation Vacation Hrs./Year Hrs./Month Start through 4 years 5 through 9 years 10 through 19 years 20 years and beyond 20 1.6667 2~4 2.0000 30 2.5000 40 3.3333 Vacation time shall be earned on the basis of complete calendar months of service. For those employees who work 40-hour per week schedules, a legal holiday which occurs during an employee's scheduled vacation shall not be counted as a day of vacation. In the event an employee is transferred from a 24 hours on and 48 hours off schedule to a 40 hour base week, the employee's accrued vacation time shall be converted accordingly, in order to maintain the same basic ratio of time off the job for vacation. The accrued vacation time of an employee transferred to a 40 hour base week from 24 hours on and 48 hours off shall be reduced by 28.57%. The accrued vacation time of an employee transferred from a 40 hour base week to 24 hours on and 48 hours off shall be increased by 40%. 15-1 Section 2. Use - Carry-over A. Vacation shall be scheduled so as to meet the operating requirements of the department and, if possible, the preference of employees. All vacation leave shall be subject to the approval of the department head. B. Employees may carry vacation leave over from one year to the next. C. Vacation leave shall be used in increments of one (1) hour or qreater subject to the a_D_Droval of the department head. 15-2 December 1997 ARTICLE 16 "Sick Leave" A. 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 pay status. Firefighters working duty schedules of 24 hours on and 48 hours off shall accrue sick leave at a rate of eleven (11 ) hours for each complete calendar month they are on pay status. Classified part-time employees shall accrue sick leave at a rate of four hours for each complete calendar month they are on pay status. There shall be no limit on the amount of sick leave which an employee may accrue. B. 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. pi ........... '-- ny of th ........ Ar; ~,, oy~ may u36 ...... d~,,.,, ................. ,~=v= ,,,,,, ~,oy ,,,, a ~ ........... ,,,,,,,,,,,,u , ........ 1. Personal illness or physical incapacity; 2. Enforced quarantine of the employee; 3. Medical appointments. Illness or injury in the employee's immediate family requiring the employee's attendance. 5._, Attendance at funerals for members of the employee's family. For purr)oses of sections B.4 and B.5, family includes s_r)ouse, children, parents, brcthers, 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 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 16-1 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 cause for disciplinary action. C. 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 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. - All advanced leave will be reimbursed hour for hour upon return to work as sick leave/vacation/personal leave hours are accrued. - 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 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. 16-2 ARTICLE 17 "Other Leave" December 1997 Section 1. EMERGENCY LEAVE For emergency situations not covered under Article 16. "Sick Leave" the employee shall have the o.Dtion of utilizing accumulated vacation time or their .Dersonal day, subject to prior approval of the department head. If the em.Dloyee does not have sufficient vacation or personal leave accumulated to cover the absence, such emerqency leave may be qranted without _Day. F,,, ~,,~, F .... of th;s ............... y .......... ~ ................ parer, ts, brothers, The depa,"t,ment hesd may approve such emer§ency ....................... ~,; · ":"- ................... th~ - ............. o, ,,.,, hov~ '"~ o~,,;on -' ,~ ........ u ........lot,d ........ t;,T,e 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. An employee 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 shall not receive pay for time off from the job in order to appear as a party or a witness in a criminal or civil court case in which the employee is making the appearance in any capacity other than as an employee of the City. Such time off may be taken as vacation, to the extent the employee has unused vacation time. 17-1 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. 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 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 has been exhausted. Section 6. 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 Personnel 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 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. 2. 3. Upon the birth of the employee's child; Upon the placement of a child with the employee for adoption of foster care; or When the employee is needed to care for a child, spouse or parent who has a serious health condition; or 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: 1. Any period of incapacity or treatment in connection with or consequent to inpatient care 17-2 (i.e., an overnight stay) in a hospital, hospice or residential medical care facility; Any period of incapacity requiring absence from work, school or other regular daily activities of more than three calendar days, that also involves continuing treatment by (or under the supervision of) a health care provider; or Continuing treatment by (or under the supervision of) a health care provider for a chronic or long-term health condition that is incurable or so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days; or for prenatal care. 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 parent. EMPLOYER'S RIGHTS ON RETURNING TO WORK FROM FMLA LEAVE 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. 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. 17-3 STATUS OF EMPLOYEE BENEFITS DURING LEAVE OF ABSENCE 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. 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 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 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. 17-4 Article 18 "Work Regulations" December 1997 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. 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. 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. 18-1 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 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 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 supervisor, department head or City Manager shall be the only people with jurisdiction and authority to grant such permission. Vehicles and other equipment assigned to individual personnel shall be used only for City work or business. 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 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. 18-2 Section 9. DRIVER'S POLICY Any Employee who drives a city-owned vehicle or is compensated by automobile allowance or mileage reimbursement for driving a privately owned vehicle in performing in city work (the "Employee") shall be covered by this policy. The following categories of traffic violations are established for the purpose of administering this policy. "Violation" means either a diversion or conviction for the traffic violation described. 7'_v,oe 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_De 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. The employee must be at least 18 years of age and hold a valid driver's license from the state of Kansas. In the Fire and Police Departments, the employee must be at least 21 years of age to operate vehicles used for emergency re- sponse. The employee must comply with the Kansas Department of Transportation guidelines with respect to types of licenses required to operate certain vehicles. 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. 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. 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. 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 18-3 on a "watch list." 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. 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. If the record shows four (4) Type C violations or one (1) Type B and 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 any 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 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 Smoking is prohibited within any municipal facility of the City of Salina, except 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. 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. 18-4 3. All existing rules and regulations in place in the Police and Fire Department are still in effect, unless specifically stated otherwise. 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. 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 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, 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 OR FAMILY STATUS In order to keep all records current, any changes of address, telephone number, family status (marriage, divorce, births, etc.) should be reported to your immediate Supervisor and the Personnel Department. Also, if you are enrolled in the city's health/dental insurance program you should notify the Finance Department of any address or family status chanties. Section 13. RESPONSIBILITY TO REPORT TO WORK IN ADVERSE SITUATIONS A. All 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. Section 14. IDENTIFICATION CARDS A. Once hired, all classified and regular part-time employees shall be issued a City of Salina identification card. A copy of that card will be placed in the employee's personnel file. B. When performing job related duties off of City property, all employees shall have their identification card with them and produce it, if requested by a member of the public. C. All identification cards are the property of the City of Salina and shall be returned immediately upon termination of employment, expiration of the card, or upon direction of the City Manager or the City Manager's designee. Returned cards are to be maintained in the card 18-5 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 will have an expiration date of five (5) years. Expired cards must be returned prior to the issuance of a new card. New cards will also be issued to employees who change positions or have a name change. E. Employee's must report a lost card as soon as possible. Arrangements for a new card will be made at that time. A note will be placed in the employee's personnel file that the employee reported the card as "lost". F. Under no circumstances shall an employee allow another person, city employee or non-city employee, to use his or her identification card as a form of false identification. Section 15. ACCEPTABLE USE - ELECTRONIC MAIL STATEMENT OF PURPOSE To establish a policy to ensure the proper use of the City of Salina's computer and telecommunication resources and services by its employees regarding the use of Electronic Mail (E-Mail), the followinq procedures are established. A. 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 this policy. B. The computers and computer accounts given to employees are to assist them in the performance of their jobs. Employees should not have an expectation of privacy in anything they create, send, or receive on the computer. C. Fraudulent, harassing, embarrassing, indecent, profane, obscene, intimidating, or other inappropriate material may not be sent by E-Mail or other form of electronic communication or displayed on or stored in the City of Salina's computers. Anyone encountering or receiving such material should immediately report the incident to their supervisor. D. Employees of the City of Salina should use the same care in drafting E-Mail and other electronic documents as they would for any other written communication. Anything created on the computer may, and likely will, be reviewed by others. E-Mail should not be considered confidential communication. Employees should be aware that even though they have deleted an E-Mail item, the item still may be recovered and read by others. E. Employees choosing to forward, cody or alter E-Mail, should do so with care, taking into consideration the intent of the sender. F. Without prior written permission, the computer and telecommunication resources and services of the City of Salina may not be used for the transmission or storage of commercial or personal advertisements, solicitations, promotions, destructive programs (viruses and/or self-replicating code), political material, or any other unauthorized use. G. Employees of the City of Salina are responsible for safeguarding their passwords for the system. Individual passwords should not be printed, stored online, or given to others. Each employee is responsible for all transactions made using their passwords. Misuse of other employee's passwords may result in disciplinary action. 18-6 H. An employee's ability to connect to other computer systems throu~lh the network does not imply a riqht to connect to those systems or to make use of those systems unless specifically authorized by the operators of those systems. Section 16. SOFTWARE DUPLICATION STATEMENT OF PURPOSE To establish a uniform policy for all City deDartments reaardin_~ the cor~yin_~ of Personal Computer (PC) software the following procedures are established: A. Any duplication of copyri~lhted software such as WordPerfect, Lotus, Page Maker, except for backup purposes, is a violation of federal copyright law. Generally, under federal copyricjht 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 Information Services. C. Violation of this policy may result in disciplinary action. D. The Director of Information Services and the City Manacjer's Office is responsible for oversight of this policy. 18-7 ARTICLE 23 "Discipline" December '1997 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 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: APPEARANCE 1. refusal or failure to comply with departmental requirements related to wearing apparel, personal appearance, hygiene and safety; 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; CONDUCT 1. being under the influence of intoxicating beverage or controlled substances while on duty; consumption of intoxicating beverage or illegal use of controlled substances while on duty; 23-1 offensive conduct or language toward the public, toward City officers or employees; 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; DAMAGES OR NEGLECTS EQUIPMENT OR PROPERTY causes damage to or is negligent in the care or operation of City-owned equipment or property; DISHONEST, UNFAIR OR DISCRIMINATORY STATEMENTS OR ACTIONS 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; 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; 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; has knowingly falsified information on a job application or other required personnel form; 5. has knowingly falsified any City form, document or work record_. INSUBORDINATION fails or refuses to carry out any reasonable, just and legitimate instruction or order of superiors; has willfully violated any of the provisions of the rules and regulations of the City of Salina; JOB PERFORMANCE 1. unexcused tardiness or absenteeism; has willfully delayed, slowed down, stopped, hindered, obstructed or prevented any employee in the proper and expedient performance of job duties; has intentionally and deliberately delayed, prolonged, slowed down or procrastinated in the performance of job duties; has influenced or attempted to influence any employee to delay, slow down, procrastinate or in any way fail to properly carry out job duties; 23-2 is unreliable, neglectful, unfit, incompetent, unwilling, or incapable of fulfilling or carrying out assigned duties and responsibilities; PHYSICAL FITNESS 1. has intentionally or by neglect refused or failed to maintain the standard of physical fitness required for performing assigned job; 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; VIOLATION 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; 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; an employee charged with a criminal offense may be suspended pending a full investigation and/or adjudication. 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. Reprimands may not be appealed. Concerns over a reprimand should be addressed through the grievance process. Further However, 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. 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. The department head may extend the suspension of an employee beyond five (5) working days 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 Director of Personnel. The employee shall receive a copy of the written report. 23-3 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; 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 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 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. 23-4 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 Director of Personnel. For suspensions, five (5) working days or less, 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, includincj suspensions Ionqer than five (5) workinq days, reduction in pay, demotion and dismissal ~h~ 0¢ the employee may request a hearing before the Disciplinary Advisory Board. The ~ course of review shall be commenced within three (3) werk-icmj days (weekends and holidays excluded) following receipt of the appeal by the Director of Personnel. Disciplinary 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 Personnel Director, in the presence of the aggrieved employee, shall, within three (3) wor-k~ 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 ........,,,, ,,,, ',,,~ ...............~,,j v,,,, ,,,,'~.g ,~,~yo .......................... ~,,,.,,,~,, ,~ ,,~,,~, ,,~o'~ .... o, ,,~ .... ~ ...... " ............ ' ' of ....... :"-- practical considering the ,,u,,uc~yo/ c~,L~, L,,~ o~,~vuu,, u,~ ,.v,,,,,,,.~ as soon as preparation needs of the parties involved. The committee shall submit their recommendations and finding to the City Manager within five (5) wor-~ days (excluding weekends and holidays) after conclusion of the hearing. The City Manager shall make the final decision within five (5) worl~ days (excluding weekends and holidays) after receipt of the report and recommendations from the appeal committee. ~ ~, ......... ~ ........ ~ ..... ~,~,~, ;f ............... ,~ .............. ~,,,~. The em oyee, 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. 23-5 ARTICLE 24 "Separation and Reinstatement" December 1997 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: The first employees to be laid off shall be those designated as temporary, part- time or probationary; Second shall be those employees who received a rating of"below average" or "unsatisfactory" on their last performance evaluation; 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 time 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: =,n mc~st c~ses, ;'.ny~ne serving employees cl~ssificc-t[c,n$ b~Ic,-¢; the ~.bc, w levels 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 accrued 24-1 vacation time, unless a waiver so stating is approved by the department head and/or City Manager. Section 4. REEMPLOYMENT AFTER RESIGNATION A former employee who had resigned in good standing and the effective date of their reemployment is ninety (90) days or less following the effective date of their 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, 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, the City Manager may grant whatever waivers deemed reasonable and rehire the applicant at an appropriate salary. 24-2