The URL can be used to link to this page

8.9 Personnel Manual CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 02/26/96 4:oo P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. 8 Deputy City Manager AGENDA: ITEM NO. 9 BY: Michael W. Morgan BY: '~ Item: Resolution #96-4978 amending the Personnel Manual by replacing Articles 2, 3, 10, 11, 14, 15, 17, 18, 19, 20, 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 rather minor changes. In some instances articles are being amended to incorporate previous City Commission action. Further, proposed changes, including vacation accrual changes, were reviewed by the Employee Council. Revisions can be identified as follows: Additions and Betetiof~. Listed below are the Articles from the Personnel Manual that are being proposed for revision: - Article 2 "Definitions" - Housekeeping changes. - Article 3 "Qualifications for Employment" - Section 1 - Housekeeping - Article 10 "Compensation and Benefits" - Section 2 - Provides for issuing paychecks earlier when a payday falls on a weekend. - Article 11 "Insurance" - Section 5 - Housekeeping - Article 14 "Holidays" - Clarifies personal day is eight hours, regardless of shift worked, excluding firefighters. - Article 15 "Vacation" - Section 1 - Increases vacation earned for employees that have 5 through 10 years of service. Previously approved by City Commission as part of the 1996 budget. - Article 17 "Other Leave" - Section 3 - Clarifies employee may receive pay in order to appear as a defendant or witness in a city-related court case. Section 4 - Housekeeping, Section 5 - Housekeeping. Article 18 "Work Regulations" - Section 8 - Reminder to follow safety policies and procedures. Section 9 - Clarifies and simplifies Driver's Policy. CITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 02/26/96 4:oo P.M. AGENDA SECTION: ORIGINATING DEPARTMENT: APPROVED FOR NO. Deputy City Manager AGENDA: ITEM NO. BY: Michael W. Moraan BY: Page 2 Article 19 "Drug and Alcohol-Free Workplace" - Major changes. Reflects incorporation of federal law requiring drug and alcohol testing of CDL drivers. Formalizes employee assistance program available to employees and family members. Article 20 -"Grievance Process" - Last paragraph - Housekeeping Article 23 "Discipline" - Section 2, E, 5 - Housekeeping. Article 24 - "Separation and Reinstatement" - Section 4 - Adds language that requires reemployed employees to complete certain tests. Recommended Action Adoption of Resolution Number 96- 4978 CITY OF SALINA PERSONNEL MANUAL REVISIONS " C I T Y t 'nii February 26, 1996 TABLE OF CONTENTS ARTICLE - Section PAGES 1. INTRODUCTION 1-1 - 1-1 Purpose of Manual Administrative Responsibility Departmental Regulations 2. Definitions 2-1 - 2-3 3. Qualifications for Employment 3-1 - 3-1 Citizenship Loyalty Oath Physical Exam 4. Equal Opportunity 4-1 - 4-1 5. Sexual Harassment 5-1 - 5-1 6. Merit System 6-1 - 6-1 7. Probation 7-1 - 7-1 8. Performance Requirements 8-1 - 8-2 Performance Standards Evaluations of Performance Merit Salary Increases Adjusted Merit Salary Increases 9. Promotion, Transfers, Demotions and Reclassifications 9-1 - 9-5 Promotion Transfers Demotions Reclassifications 10. Compensation 10-1 - 10-2 Official Pay Plan Pay Periods Total Compensation Pay Records Terminal Pay Longevity Pay Clothing 11. Insurance 11-1 - 11-1 Group Health Group Life Group Life - Fire Department Firemen's Relief Association Public Safety Officers Benefit Act Unemployment Insurance 12. Workers Compensation 12-1 - 12-1 13. Retirement Programs 13-1 - 13-1 Kansas Public Employees Retirement System (KPERS) Kansas Police and Fire Retirement System (KP&F) Social Security Deferred Compensation Plan ARTICLE - Section PAGES 14. Holidays 14-1 - 14-1 15. Vacation 15-1 - 15-1 16. Sick Leave 16-1 - 16-2 17. Other Leave 17-1 - 17-4 Emergency Leave Maternity Leave Civil (Court/Jury) Leave Military Leave Leave of Absence Family Leave Policy 18. Work Regulations 18-1 - 18-5 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 19. Drug and Alcohol-Free Workplace 19-1 - 19-16 Drug and Alcohol-Free Workplace Policy General Procedures for Drug and Alcohol Testing Job Candidate Testing Reasonable Suspicion Testing Positive Test Results Duty to Report Conviction Under Criminal Drug Statue Employee Education and Assistance Confidentially Miscellaneous 20. Grievance Process 20-1 - 20-1 21. Hours of Work and Overtime 21-1 - 21-1 Schedules and Assignments Rest Periods Overtime Nonscheduled Work Policy 22. Policies 22-1 - 22-4 Nepotism Political Activity Residency Outside Employment Litigation Against City Favors, Gifts, Gratuities, Rewards Travel Expense Tuition Reimbursement ARTICLE - Section PAGES 23. Discipline 23-1 - 23-5 General Grounds for Discipline Forms of Discipline Appeals of Disciplinary Action 24. Separation and Reinstatement 24-1 - 24-2 Reduction in Work Force - Layoffs Absent Without Leave Resignations Reemployment After Resignations 25. Miscellaneous 25-1 - 25-2 Personnel Records Employee Suggestions and Awards Employee Organizations Credit Union United Way February 1996 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 nonsupervisory 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 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 31 or more hours per week on a regular year-round basis. 2-1 EMPLOYEE - CLASSIFIED PART-TIME An employee in a position that requires 20 or more but less than 31 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 "'- irrcgu!cr ""~'~'" .... ~'~"~' "-' '~'-*---'-""'---'~ ~',, · ::hc '::crkc cna temporary basis, but cnnuclly 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 {$} calendar months during a year. EMPLOYEE- UNCLASSIFIED An employee whose pay pcsitlcr, is .-.ct !r, cludcd in the Official Play Plan, adopted by the City Commission, '-,~--°" ...... "'~-'-~"~ ...... ' .... ~-' ..... ' .....~,. ,~ ,-,~,^ is ..................... -- , ~ ...... pC.t .......... r'~ ........... ~..~.,~v~ v~,~,,, .,,,,~:~ ~,,v~,~, ~v,, ~ f~, ~,~,~.~,~...,, ,x, ~,~v~ ~::~.v~,....~,v~. i, ,~'.:' ...... "*" ir, "~'~;+;"" *" *~ -'~' ...... ,~....;~...~ ~... +~.~ r-;,.. ~........;....;.... lists a minimum and maximum pay range, rather than steps. For example: City Manager. 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. 2-2 PERSONNEL FILE The official file of each employee maintained by the Personnel Department. All records, reports and other material entered into such files are and shall remain the property of the City of Salina. PROBATIONARY EMPLOYEE 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. REGULAR EMPLOYEE An employee who has satisfactorily completed his probationary period and is hired to work full-time on a year-round basis. 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. 2-3 February 1996 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 eliqibility verification statement in compliance with the federal Immiqration Reform and Control Act of 1986. ~'*k~ ~-:~. ^; o~.;.~ ~.~,, .~ ~;.; ..... · 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 Prior to appointment, each applicant shall undergo a thorough physical examination by a physician designated by the City Manager. The Personnel Director shall arrange the physical examination. The cost of the standard physical examination shall be paid by the City. The cost of any special test or examination shall be the responsibility of the applicant. Physical requirements or standards shall be only those which can be proven to be bona fide essential functions of the position. A person having a physical disability, whether congenital or acquired by accident, injury or disease shall not be denied employment or advancement unless the disability is related to that person's ability to engage in the particular job or occupation. 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 standard physical examination shall be paid for by the City. Such a requirement shall be for the purpose of verifying that the employee still can perform the essential functions for the position. 3-1 February 1996 ARTICLE 10 "Compensation and Benefits" Section 1. OFFICIAL PAY PLAN Purpose - To provide like pay for like work; to help establish uniform standards for recruiting, hiring, work performance and promotional opportunities; to provide uniform and relevant titles for all positions; and to establish a logical and equitable relationship between different types of jobs for purposes of compensation. All employees should realize the "law of supply and demand" is a determining factor in establishing salaries as well as in the selling price of a product. The task of keeping in balance all salaries of the various municipal jobs and between the several departments is extremely difficult. Each individual has an opinion as to what the compensation should be for each classification. Not only should salaries and other forms of compensation for municipal jobs be kept in proper relationship, one with another, but also with those offered by other public agencies and private business for comparable jobs, particularly within the job market area. The final authority concerning amending, adopting and funding the Official Pay Plan is the responsibility of the City Commission. Classification - Each job within the classified municipal service shall be assigned an individual title, or jobs of similar characteristics, duties and responsibilities shall be assigned to a group classification. Specification - Each job shall be explained by a description of the duties, responsibilities and requirements for qualification. Method of Classification - Each job shall be classified in accordance with the character, difficulty and responsibility of designated duties, skills, education, physical requirements, hazards, supervision received and exercised. Changing the Classification of Positions - As the role of local government changes and services are added, modified or discontinued, it will be necessary for certain jobs to be reclassified, for some classifications to be discontinued and others added. The City Manager may reclassify, reassign and/or transfer any employee when such reclassification, reassignment and/or transfer is essential or desirable for the improvement of the municipal operation or the benefit of the employee. As a result of periodic studies and updates of the pay plan, the various jobs may be redefined, specifications altered, jobs reclassified and a different system of grading or salary ranges adopted. Section 2. PAY PERIODS All personnel are paid twice per month. Time sheets are submitted by each department head for the pay period, and checks are distributed on the 5th and 20th of each month. In the event a payday falls on a holiday er-weeke,~, paychecks will be distributed on the day closest to the normal pay date. In the event a payday falls on a weekend paychecks will be distributed the Friday before. The paycheck stub shall show the employee's accrued vacation, personal holiday and sick leave. Section 3. TOTAL COMPENSATION Total compensation includes salary and the value of the City's contribution to all fringe benefits (vacation, paid holidays, longevity pay, sick leave, insurance, retirement, uniform or clothing allowance, etc.). 10-1 Annually, the City will provide each employee with a calculation of total compensation. Section 4. PAY RECORDS The Director of Personnel shall keep adequate records of all persons employed, their pay scale, time worked, accrued vacation and sick leave, all absences from duty and all other records pertinent to all personnel. Section 5. TERMINAL PAY An employee who is laid off, dismissed or who otherwise terminates his employment shall receive his final paycheck on the first regularly scheduled payday following termination of employment. Employees shall be paid for all accrued vacation leave upon termination of employment. Employees who have at least five (5) consecutive, uninterrupted years of employment with the City shall receive, upon termination in good standing, payment for one-third of their accumulated sick leave hours at their current hourly pay rate. Section 6. LONGEVITY PAY The City may grant longevity pay, funds permitting and upon recommendation of the City Manager and approval of the City Commission, solely in recognition of length of service to the City. If paid, classified full-time and classified part-time employees shall be eligible to receive longevity pay, providing they have completed five (5) consecutive, uninterrupted years of service or more with the City as of December 1st. If paid, longevity shall be distributed to employees by December 15th. Classified full-time employees shall receive $3 for each full month of service and classified part-time employees shall receive $1.50 for each full month of service. The maximum longevity payment a classified full-time employee may receive is $1,000 and the maximum longevity payment a classified part-time employee may receive is $500. Upon termination, employees with five years of consecutive, uninterrupted years of service or more shall be entitled to longevity pay at a prorated amount. The employee shall be entitled to 1/12 of the longevity pay amount for each full calendar month since the previous December 1st. Section 7. CLOTHING In those departments where a clothing allowance is provided or uniforms otherwise furnished, it shall be the responsibility of the department head, with the approval of the City Manager, to establish a standard list and authorized inventory to be maintained by each employee. Clothing allowance is intended to enhance the general appearance of the entire department and shall not be considered a salary supplement. Uniforms provided by the City shall be worn only during the performance of municipal responsibilities or other functions specifically approved by the department head. Each department which provides special clothing, uniforms or a clothing allowance shall, with the approval of the City Manager, develop appropriate regulations on the inventory each employee shall maintain, type of uniforms or clothing to be worn, responsibility for cleaning and maintenance and disposition of uniforms or clothing when the employee leaves the department. 10-2 February 1996 ARTICLE 11 "Insurance" Section 1. GROUP HEALTH The City offers a group medical, hospitalization and dental benefit plan to all classified full- time and classified part-time employees. Contact the Personnel Department for details. Section 2. GROUP LIFE The City pays the entire premium for a group term life insurance policy for all classified full-time and classified part-time employees. Please contact the Personnel Department for details. Section 3. GROUP LIFE - FIRE DEPARTMENT The Firemen's Relief Association provides a separate term life insurance policy to its members. Contact the Fireman's Relief Association for details. Section 4. FIREMEN'S RELIEF ASSOCIATION Certain fire personnel are eligible for benefits provided by the Firemen's Relief Association. For additional information, contact the Salina Firemen's Relief Association. Section 5. PUBLIC SAFETY OFFICERS BENEFIT ACT The Public Safety Officers Benefit Act ef-1-9-7-6 provides ~ payment cf -.?. $50,000 dccth ber,,e~ to the eligible survivors of a public safety officer (law enforcement officer or a flrefighter) who died in the "direct and proximate result of personal injury sustained in the line of duty." For more information, contact the Personnel Department. Section 6. UNEMPLOYMENT INSURANCE Any person whose employment with the City of Salina is terminated for any reason should check with the Kansas Employment Security Division concerning eligibility for unemployment compensation as permitted by state law and regulations. 11-1 February 1996 ARTICLE 14 "Holidays" The following days are City holidays: New Year's Day, January 1 Martin Luther King Day, the third Monday in January Presidents' Day, the third Monday in February Memodal Day, the last Monday in May Independence Day, July 4 Labor Day, the first Monday in September Veteran's Day, November 11 Thanksgiving, the fourth Thursday in November The Friday following Thanksgiving Christmas, December 25 A personal leave day to be selected by the employee with approval of the department head. All of the above holidays, includinq personal leave day, are considered ei.qht (8) hours for classified full-time and four (4) hours for classified part-time, excludinq fi reft q hte rs. Employees with a beginning date of employment after June 30, will not receive a personal leave day for that calendar year. Also, personal leave days must be used during the calendar year earned. When one of the above scheduled City holidays falls on a Saturday, the preceding Friday shall be observed for the holiday. When one of the above holidays falls on a Sunday, the following Monday shall be observed for the holiday. Classified full-time and classified part-time employees shall be eligible for holiday benefit pay as follows: Classified full-time employees (other than flrefighters working 24 hours on duty and 48 hours off duty) shall receive 8 hours pay for a holiday at their regular hourly rate. Classified part- time employees shall receive 4 hours of holiday pay at their regular hourly rate. Firefighters working schedules of 24 hours on duty and 48 hours off duty shall receive each quarter, in lieu of any other compensation, additional compensation equal to 25 hours at their regular hourly rate, provided those employees have been employed the entire quarter, and a personal leave day to be selected by the employee v~th approval of the department head. Classified full-time employees (other than fireflghters working 24 hours on duty and 48 hours off duty) required to work a shift or tour of duty the major portion of which occurs on a legal holiday will be paid holiday benefit pay in addition to their regular salary. On special occasions, the City Manager may proclaim a special holiday. The same personnel rules for City holidays also apply for special holidays. No compensation will be paid to an employee who is on suspension during a City or special holiday. 14-1 February 1996 ARTICLE 15 "Vacation" 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: Vacation Vacation Years of Total Service Hrs./Year Hrs./Month Start through 4 years 80 6.6667 5 through 9 years 88 7.3333 10 through 19 years 120 10.0000 20 years and beyond 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: Vacation Vacation Years of Total Service Hrs./Year Hrs./Month Start throuc~h 4 years 112 9.3333 5 throuqh 9 years 123 10.2667 10 through 19 years 168 14.0000 20 years and beyond 224 18.6667 Classified part-time employees earn vacation with pay as follows: Vacation Vacation Years of Total Service Hrs./Year Hrs./Month Start throuqh 4 years 40 3.3333 5 through 9 years 44 3.6667 10 through 19 years 60 5.0000 20 years and beyond 80 6.6667 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 ere =chcdu!c tc =ncthcr (!.c., = 56 hc'--'r cvcrcgc ;:'cch 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 (5~ hcur ::'cc~l¥,.v.,uv,~ 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~_vf~ ..v_, ~' ......... ..~,..~'"' _ .... ~/shall be increased by 40%. 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. 15-1 February 1996 ARTICLE 17 "Other Leave" Section 1. EMERGENCY LEAVE Emergency leave is leave which is to commence on an immediate basis, i.e., within 24 hours. Any employee may be granted emergency leave by the department head for any of the following reasons: A. Attendance at funerals for members of the employee's family. For purposes of this section family includes spouse, children, parents, brothers, sisters, grandparents, grandchildren and in-laws, including mothers, fathers, brothers, sisters, daughters, sons and grandparents. B. Other situations deemed appropriate by the department head. The department head may approve such emergency leave not to exceed seven (7) consecutive days. Additional emergency leave may be granted by the City Manager, upon the written request of the department head. If the employee is eligible for sick leave pay, such emergency leave shall be charged against the accrued sick leave. If the employee is not eligible for sick leave pay or does not have sufficient sick leave accumulated to cover the absence, such emergency leave may be granted without pay. However, the employee shall have the option of utilizing accumulated vacation time for such emergency situations. 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 obliqation 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 servin(~ 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 reqarded as on duty at re.qular pay while makin.q 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 makin.q 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 !~, .',,~ ,-,,,~:l:~-'~ ~,,~u r~ ....!. ,~ ......I ....... ~,~ .... Section 4. MILITARY LEAVE Regular employees shall be 0ranted 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 0ranted 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 $alina 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. $ection 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. Eli.qible 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. Upon the birth of the employee's child; 2. Upon the placement of a child with the employee for adoption of foster care; or 3. When the employee is needed to care for a child, spouse or parent who has a serious health condition; or 17-2 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: 1. Any period of incapacity or treatment in connection with or consequent to inpatient care (i.e., an overnight stay) in a hospital, hospice or residential medical care facility; 2. 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 3. 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 LEAVF 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 17-3 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 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 February 1996 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 nonsupervisory 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. 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 18-1 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 Manaqement 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 The following policies are adopted to guide and govern the use of motor vehicles owned and/or operated by the City of Salina and includes anyone who drives a city-owned vehicle or is compensated in any way for the operation of a motor vehicle for work performed on behalf of the City of Salina (for the purposes of this policy, the "Employee.") 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 racing on hiqhways (STO-37), inattentive driving (STO-104)and careless drivinq (Sec. 38-21 of the Salina Code,) 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 Fire and Police Departments, the employee must be at least 21 years of age to operate vehicles used for emergency re- sponse. 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 all Type A or Type B violations or driver's license suspensions, revocations or expirations to his/her supervisor immediately (within 24 hours). The employee's department head shall immedi- ately report said violation to the City Manaqer'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 of a valid driver's license. 5. Motor vehicle records will be examined by City Manaqement. Motor vehicle records of current employees will be examined ,,,"*"~"..........-.!.-.~t'; ,vv,/om ,~,v ..... v.~ ,~,,,,..~ "~""*""~ -~'-*~ ~ *~'"-' "~; ..... '~ 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. 18-3 c. If the record shows ....... ~'~'--*""" '-~ ~"'""~"'-*- Type ~ or four (4) Type C violations ,.._,. ..... ~,,...a^,,,o) ,,,h.',.h ..... ' ~ .... /A~ ,,, mere 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. n~r;n~l Xh~ ~mnln~.~ c-holl 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 Mana.qement in a counselinq session to discuss safety issues, their drivin.q record and be provided safe drivin.q information. The employee will also be notified of the availability of self-help courses such as defensive drivin,q. ~h,,.,;. kh ,".ct!ficd, i.". .... ;,;.~ .................. ~,, L",c!udi,",g 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 Mana.qement will An Acc!de.-.t Re':!e':: Ee=rd :h=!! be =.-.d thc st..mc "-' hereby c,r-eated4e 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 Sa[ina. 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 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 desi,qnated as a non-smokinq 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 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 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. 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. 18-5 February 1996 ARTICLE 19 "Drug and Alcohol-Free Workplace" Section 1. DRUG AND ALCOHOL-FREE WORKPLACE POLICY A. PURPOSE OF THE POLICY. The City of Salina, Kansas (the "City) is committed to a drug and alcohol-free workplace. The following are some of the reasons for this Drug and Alcohol-Free Workplace Policy (the "Policy"): 1. To ban drug and alcohol use by City employees when it could affect their job performance; 2. To urge City employees to seek help for drug or alcohol problems; 3. To promote a safe, secure and healthy work place for City employees; 4. To help prevent City work accidents, injuries, property loss and damage; 5. To improve City employee skills, on-the-job performance and to maximize productivity; 6. To reduce City employee absenteeism and tardiness; and 7. To reduce the cost of health care, worker's compensation and liability insurance for the City and its employees. 8. To comply with federal mandates regarding drug and alcohol testing of persons in safety sensitive positions. B. SCOPE OF THE POLICY. 1. Policy Standards. In this Policy, the City has put into writing and has further defined its employee standards concerning drugs and alcohol. The terms of this Policy control all matters concerning the City as a Drug and Alcohol-Free Workplace even though there may be other provisions in other City resolutions, documents or manuals. 2. Employee Education and Assistance. The City will, from time to time, hand out and display information about the problems of drug and alcohol abuse. The City's Employee Assistance Program is described in Section 8 of this Policy. 3. Dru.q and Alcohol Testing. This Policy applies to those City job candidates as defined in this Policy and all City employees. 4. Special Rules for Transportation Safety Sensitive Positions. In compliance with federal law, this Policy includes special provisions for TRANSPORTATION SAFETY SENSITIVE POSITIONS in Section 6. For purposes of this Policy, transportation safety sensitive positions include only those that require the employee to hold a commercial drivers license (CDL) AND drive a commercial vehicle: 19-1 a. with a gross vehicle weight rating of 26,001 pounds of more or combination vehicles (weighing at least 26,001 pounds) or b. designated to transport 16 or more passengers, including the driver. C. RESPONSIBILITY FOR THE POLICY. The City Manager or the City Manager's designated representative is responsible for managing this Policy. All references in this Policy to the City Manager include the City Manager's designated representative. All final decisions based on a violation of this Policy will be made by the City Manager. D. UNDERSTANDING OF THE POLICY. Each City job candidate will be given a chance to read this Policy upon request. Each City employee will be given a copy of this Policy and will be asked to sign a statement that he or she has read and understands the Policy. Each employee's signed Statement of Understanding will be kept in his or her personnel file. E. PERSONS SUBJECT TO DRUG TESTING. 1. Job Candidates. Each person to whom the City has made a conditional offer of employment for any classified full time, classified part time, regular part time or intermittent position is subject to drug testing. City employees who are conditionally offered a position with the Salina Fire Department or Salina Police Department are also considered job candidates for purposes of this Policy. 2. Employees. All City employees at all levels and positions, classified full time, classified part time, regular part time, intermittent and temporary/seasonal, are subject to drug and alcohol testing. F. STANDARDS OF CONDUCT REQUIRED BY THE POLICY. Each City employee has a duty to do his or her work in a safe and careful manner free from the effects of drugs and alcohol. 1. Alcohol. "Alcohol" as used in this Policy means all alcoholic liquor and cereal malt beverages, including BEER, WINE AND LIQUOR. 2. Dru.qs. "Drugs" as used in this Policy mean illegal drugs and legal drugs that can be abused for which the City will test job candidates and employees. The Drugs that the City will test for are these: AMPHETAMINES COCAINE, CRACK PHENCYCLIDINES (PCP) CANNABINOIDS (MARIJUANA, HASH) OPIATES (HEROIN) 3. Drugs or Alcohol on-the-lob. A City employee's actual or attempted use, purchase, possession, distribution or sale of drugs or alcohol at any of the following times will be grounds for immediate discipline up to and including termination: -When the employee is on duty or engaged in City business; -When the employee is using City vehicles, equipment, tools or any other City property. All drugs will be turned over to law enforcement officials. 19-2 4. Drugs or Alcohol off the lob. Off-the job use of drugs or alcohol will be grounds for immediate discipline up to and including termination whenever the employee's job performance may be impaired. "IMPAIRED" JOB PERFORMANCE means that the employee is not doing his or her work up to the City's standards, that the safety of the employee, other City workers or the public could be endangered by the employee, or that property of the City or others could be damaged or lost by the employee. 5. Prescription Drugs. Each City employee has a duty to report to his or her department head or to the City Manager the use of any prescribed drug which might impair job performance. The employee may be required to provide written medical authorization for use of the prescribed drug. 6. Duty to report Drugs and Alcohol. It is the duty of each employee who knows of any of the following situations to immediately report the situation to a supervisor or to the City Manager: -when another employee who is on duty or engaged in City business is in a condition that may endanger the safety of the employee or others; -when another employee is or is trying to use, possess, purchase, distribute or sell drugs or alcohol while on duty or engaged in City business, or while using City vehicles, equipment, tools or other property; and -when another employee who is on duty or engaged in City business is in a condition that impairs his or her job performance. G. NO IMPLIED CONTRACT IN THE POLICY. Nothing in this Policy or any of these procedures make any contract of employment and do not in any way change any City employee's status. Section 2. GENERAL PROCEDURES FOR DRUG AND ALCOHOL TESTING A. GENERAL 1. Inform Job Candidate or Employee. An job candidate or employee required to submit to a drug screen will be advised of the following: a. methods of drug/alcohol screening which will be used; b. substances which may be identified; c. consequences of a refusal to submit to a drug screening test or of a confirmed positive result, and; d. reasonable efforts to maintain the confidentiality of results and any medical information which may be provided. 2. Consent Forms A job candidate or employee will be required to sign the necessary drug/alcohol screening consent forms established by the City or authorized by the collection site agency. Refusal to sign required drug/alcohol screening consent forms will be considered refusal to submit to a drug/alcohol screening test as a condition of employment and will be 19-3 considered the equivalent of receiving a confirmed "positive" result for employment. 3. Collection Location A job candidate or employee shall be informed of the drug/alcohol screening specimen collection location and time. The job candidate or employee shall be responsible for reporting to the collection site at the scheduled time, with a photo ID, and comply with the directions of the specimen collector. B. DRUG TESTING. 1. Licensed Laboratory. For purposes of drug testing under this Policy, the City will use the services of a licensed and accredited laboratory certified by the U.S. Department of Health and Human Services (DHHS) and Substance Abuse and Mental Health Services Administration (SAMHSA) to analyze and test urine, breath, blood and other medically recognized drug testing specimens, and to conduct medically recognized tests for drugs. Upon proper authorization, the laboratory will analyze and test job candidates and employee specimens for drugs. It will then report the test results to the City Manager. 2. Collection Personnel. Urine and other specimens for drug testing will be collected by personnel of the laboratory or by other qualified collection personnel. The job candidate or employee being tested must provide the requested specimen. 3. Split Sample. All urine specimens collected will be split-samples. 4. Methods of Testin.q. The primary method used to test for the presence of drugs is urinalysis. An initial urine drug screen is performed. If drugs are detected, a confirmation test is performed using the same urine sample. Blood and other medically recognized drug testing specimens may also be requested from the job candidate or employee and used for testing. All test methods used by the laboratory must follow applicable regulations. 5. Initial Dru.q Screen. Drug screening will be conducted for the following chemicals: Marijuana, cocaine, opiates, phencyclidine (PCP) and amphetamines. A drug immunoassay screen will have the following thresholds for positive verification: Marijuana Metabolite 50NG/ML Cocaine Metabolite 300NG/ML Opiates 300NG/ML Phencyclidine 25NG/ML Amphetamines/Metham phetamine 1000NG/ML 6. Confirmation. When the initial screen is positive (has exceeded the established screening threshold) a second confirmation test gas chromatography/mass spectrometry (GC/MS) will be completed. The thresholds for positive confirmation for GC/MS are as follows: Marijuana Metabolite 15NG/ML Cocaine Metabolite 150NG/ML Opiates 300NG/ML Phencyclidine 25NG/ML Amphetamine/Methamphetamine 500NG/ML 19-4 7. Positive or Negative Drug Test Result. A positive test result means that drugs were detected in amounts equal to or more than the threshold or "cut-off" level of the test. A negative test result means that no drugs were detected or the amount of drugs detected was less than the threshold level of the test. 8. Medical Review Officer (MRO). The Medical Review Officer is an agent of the Mental Health Consortium. The qualifications and functions of the MRO are contained in the Mental Health Consortium's Protocol on MRO Responsibilities and Qualifications, which is available upon request from the Consortium. All drug test results, whether positive of negative, will be reviewed by the MRO in accordance with federal regulations. In the event of the presumptive positive, the MRO will contact the person who's specimen it was to determine what medications and/or reason the test was returned positive. The MRO, based on his review of the information will make the final determination of confirmed positive or negative. It is only after the MRO review that City will be notified of the outcome of the test. C. ALCOHOL TESTING. 1. Methods of Testing. The primary method used to test for alcohol is by an approved breathalyzer machine. The breathalyzer uses detectors to determine the percent of alcohol in the blood. The person being tested must exhale into the breathalyzer's detector chamber. Blood or other medically recognized alcohol testing specimens may also be requested from the employee and used for alcohol testing. 2. Breathalyzer. Breathalyzer testing for alcohol will be performed through the use of an approved breathalyzer or similar machine. The test results will be reported to the City Manager. 3. Technician. Alcohol testing will be conducted by a certified Breath Alcohol Technician (BAT). 4. Contracting Laboratory. For alcohol testing under this Policy, other than breathalyzer testing, the City will use the services of a licensed laboratory to collect, analyze and test blood and other medically recognized alcohol testing specimens for alcohol and to report the test results to the City Manager. 5. Positive or Negative Alcohol Test Result. A positive test result means that alcohol was detected in amounts equal to or more than the threshold or "cut-off" level of the test. A negative test result means that no alcohol was detected or the amount of alcohol detected was less than the threshold level of the test. Section 3. JOB CANDIDATE TESTING A. JOB CANDIDATE TESTING - NON-CITY EMPLOYEES. 1. Drug Testing Required of Job Candidates for Classified, Regular and Intermittent Positions. Job candidates who have been interviewed and who are conditionally offered any classified full time, classified part time, regular part time or intermittent job by the City must test negative on a drug test to qualify for employment. A job candidate will not be denied employment solely because of a prior positive drug test result or because of admission of prior drug use. To be 19-5 considered for employment, such a job candidate must provide evidence acceptable to the City Manager that the job candidate has been successfully rehabilitated for twelve (12) months prior to application or reapplication, or for such lesser period of time as directed by applicable law. 2. Consent/Release. Each job candidate must sign a Consent/Release form before a urine or other testing specimen is given. 3. Failure to Report for Testing; Failure to Cooperate; Tampering With Specimen. For job candidate drug testing: -a job candidate who refuses to be tested, who fails to report for testing, or who fails to cooperate in the collection or testing procedures will not be qualified for employment with the City for one (1) year from the date of the scheduled test; -a job candidate who purposefully tampers with a sample, breaks chain- of-custody or identification procedures, or falsifies test results will not be qualified for employment with the City at any time. 4. Positive Drug Test Result. A job candidate who tests positive for drugs will not be qualified for employment with the City for one (1) year from the date of the positive test result, or for such lesser period of time as directed by applicable law. 5. Negative Drug Test Result. A job candidate who tests negative for drugs or alcohol will not be guaranteed employment with the City. A negative test result will simply make the job candidate qualified for consideration of employment with the City subject to other requirements of the position. B. JOB CANDIDATE TESTING - CITY EMPLOYEES OFFERED EMPLOYMENT WITH THE SALINA POLICE DEPARTMENT OR THE SALINA FIRE DEPARTMENT. 1. Drug Testing Required of All City Employees who are Candidates for Positions with the Police Department or Fire Department. In addition to job candidate testing of individuals who are not employed by the City at the time a conditional offer of employment is made by the Salina Police Department or the Salina Fire Department, all City employee who are not employed by the Salina Fire Department or the Salina Police Department and who are conditionally offered any position with the Salina Police Department or Salina Fire Department must test negative on a drug test to be qualified for the position. 2. Consent/Release. All City employees will be required on a yearly basis to sign a Consent/Release form for collection of urine, breath, blood and other specimens for the purpose of testing for drugs and alcohol. This Consent/Release includes testing required in connection with a conditional offer of employment by the Police Department and the Fire Department. 3. Failure to Report for Testing; Failure to Cooperate; Tampering with Specimen. For City employee drug testing in connection with a conditional offer of employment by the Police Department or the Fire Department: 19-6 -an employee who refuses to be tested, fails to report for testing, or fails to cooperate in the collection or testing procedures is subject to discipline up to and including termination; -an employee who intentionally tampers with a specimen, violates chain- of-custody or identification procedures, or falsifies test results is subject to discipline up to and including termination. 4. Positive Test Result. An employee who tests positive for drugs under testing in connection with a conditional offer of employment by the Police Department or the Fire Department will be subject to the provisions of Section 5, "POSITIVE TEST RESULTS". 5. Negative Test Result. An employee who tests negative on a test for drugs in connection with a conditional offer of employment by the Police Department or the Fire Department will not be guaranteed employment with the Police Department, the Fire Department or continued employment with the City. A negative test result will simply make the employee qualified for consideration of employment or continued employee qualified for consideration of employment or continued employment subject to other requirements of the position. Section 4. REASONABLE SUSPICION TESTING A. DRUG AND ALCOHOL TESTING REQUIRED UPON REASONABLE SUSPICION. The City will require drug and/or alcohol testing for all employees under reasonable suspicion of being under the influence of or having impaired job performance due to suspected use of drugs or alcohol. A trained supervisor and the City Manager will decide when reasonable suspicion testing is warranted. Each employee subject to reasonable suspicion testing will be suspended immediately following a request for testing, initially on a suspension-with-pay basis. The employee will not be returned to duty pending the City's receipt of a negative test result for drugs and/or alcohol and pending any further requirements deemed necessary by the City. B. CONSENT/RELEASE All City employees will be required on a yearly basis to sign a Consent/Release form for collection of urine, breath, blood and other specimens for the purpose of testing for drugs and alcohol. This Consent/Release includes Reasonable Suspicion testing. C. REASONABLE SUSPICION. Reasonable suspicion is a belief that an employee may be under the influence of or impaired by on-the-job or off-the-job use of drugs or alcohol. The following are some, but not all, of the factors that may be used to support reasonable suspicion testing: 1. Quality and Quantity of Work. When the employee refuses to do assigned tasks; makes more mistakes in spite of help; disrupts work flow; needs more than usual supervision; or has noticeable changes in written or verbal communications. 19-7 2. Work Relationships. When the employee shows changes in his or her relations with co-workers and supervisors; has frequent or heated arguments; exhibits verbal or physical abuse; or shows changes in frequency and number of complaints. 3. General Job Performance. When the employee has increased absences, sick leaves and tardiness; has unexplained disappearances from the work area; takes longer breaks, lunch periods or leaves early; or interferes with or ignores job responsibilities or procedures. 4. Personal Matters. When the employee shows changes in personal appearance, speech, physical mannerisms or level of activity; becomes increasingly irritable or tearful; has unusual fears or emotions; lacks appropriate caution; has memory problems; is excessively fatigued; makes unreliable or false statements; has temper tantrums; or shows major changes in physical health. 5. Reliable Information. When there is information that the employee is under the influence of or has impaired job performance due to drugs or alcohol. 6. Evidence or dru.q or alcohol use. When there is evidence of actual or attempted drug or alcohol use, purchase, sale, distribution or possession by the employee (including drug paraphernalia). D. SUPERVISORY TRAINING. The City will provide supervisory training as part of this Policy. City supervisory employees who will be making the recommendations for reasonable suspicion testing will be trained in detecting the possibility of drug and alcohol usage and impairment of an employee's job performance. E. AGREEMENT BY CITY MANAGER. When a City employee in a supervisory position has documented a reasonable suspicion that an employee (1) may be under the influence of drugs or alcohol and/or (2) may be impaired in his or her job performance as a likely result of alcohol or drug usage (on-the-job or off-the- job), the supervisor will present the facts for reasonable suspicion to the City Manager. If the City Manager agrees that there is such reasonable suspicion, the employee will be required to submit to reasonable suspicion drug and/or alcohol testing. F. CHANCE TO EXPLAIN. Each City employee who is required to submit to reasonable suspicion drug or alcohol testing will be given a chance to explain reasons for the reasonable suspicion factors other than drug or alcohol use. If either the supervisor or the City Manager continues to believe that reasonable suspicion exists, the employee will be required to submit to testing as a condition of continued employment with the City. G. TIME LIMITS AND ESCORT TO COLLECTION SITE. The City will try to arrange for collection of urine, breath and other specimens for testing of all employees as soon as possible following the request for testing. All employees who are required to submit to reasonable suspicion testing will be escorted to the collection site. H. FAILURE TO REPORT FOR TESTING; FAILURE TO COOPERATE; TAMPERING WITH SPECIMEN. For reasonable suspicion testing for drugs or alcohol: -an employee who refuses to be tested, fails to report for testing, or fails to cooperate in the collection or testing procedures is subject to discipline up to and including termination; 19-8 -an employee who intentionally tampers with a specimen, violates chain-of- custody or identification procedures, or falsifies test results is subject to discipline up to and including termination. I. POSITIVE TEST RESULT. An employee who tests positive for drugs or alcohol under reasonable suspicion testing will be subject to the provisions of Section 5, "POSITIVE TEST RESULTS". J. NEGATIVE TEST RESULT. An employee who tests negative on a reasonable suspicion test for drugs or alcohol will not be guaranteed continued employment with the City. A negative test result will simply make the employee qualified for consideration of continued employment subject to other requirements of the position. Section 5. POSITIVE TEST RESULTS A. POSITIVE TEST FOR DRUGS OR ALCOHOL. An employee who tests positive for drugs or alcohol will be considered in violation of this Policy. Being under the influence or impaired by drugs or alcohol is no excuse for breaking any City policy or rule. AN EMPLOYEE WHO VIOLATES THIS POLICY IS SUBJECT TO DISCIPLINE UP TO AND INCLUDING TERMINATION within the City's disciplinary policies and procedures. B. FIRST POSITIVE. Subject to the above section 4.A., an employee who tests positive for the first time for drugs or alcohol, and who is not immediately terminated, will be required to comply with the following as conditions of eligibility for continued employment with the City as well as any other discipline imposed by the City. 1. Leave of absence. The employee will be placed on leave of absence as of the time a confirmed positive test result is received by the City. A determination of whether the leave of absence will be with or without pay will be made within the City's disciplinary policies and procedures. Current benefit coverages will continue during this leave of absence if the employee makes arrangements for continuation of coverage. Generally, an employee's leave of absence under this section of the Policy, with or without pay, will not exceed thirty (30) days. 2. Required evaluation. Within one week after the City receives the confirmed positive test result, the employee will be required to undergo a professional evaluation/assessment by a drug and/or alcohol professional approved by the City. The cost of the evaluation will be paid by the City. 3. Written Conditions of eli.qibility for continued employment. As conditions of eligibility for continued employment, the employee will be required to sign a written statement agreeing to the following terms and conditions of his or her eligibility for continued employment: a. The employee agrees to follow and successfully complete the treatment recommended by the professional who evaluated or assessed the employee. All expenses of treatment will be the responsibility of the employee. Failure to successfully complete the recommended treatment will result in termination of the employee. 19-9 b. The employee will not be qualified to return to work until he or she submits to additional drug and alcohol testing and the results are negative. c. The employee agrees to sign a Consent/Release for Return to Work testing as outlined in Section 5.B.4. d. Prior to return to active duty, the employee must provide a written certification by a professional evaluator, a director of an approved treatment program, or other health care provider approved by the City, that the employee is fit to return to active duty in his or her position at the City. e. The employee agrees that any further positive test results for drugs or alcohol within the two year period of Return to Work Testing will result in the employee's termination. An employee who refuses to a.qree in writin.q to the above conditions of continued employment will be terminated. 4. Return to work testin.q. As a condition of eligibility for continued employment, the employee must sign a Consent/Release for unlimited, unscheduled and unannounced drug and alcohol testing for a period of two years from the date of his or her first positive test result for drugs or alcohol. C. SECOND POSITIVE TEST RESULT. If the employee tests positive for drugs or alcohol within the two year period of Return to Work Testing, the employee will be terminated. D. NEGATIVE TEST RESULT. An employee who tests negative under Return to Work Testing is not guaranteed continued employment. A negative result will simply make the employee qualified for consideration of continued employment subject to other qualifications for the position. Section 6. SPECIAL RULES FOR TRANSPORTATION SAFETY SENSITIVE POSITIONS A. Purpose of Special Rules. These special rules regarding safety sensitive positions are required by the Federal Drug Free Workplace Act of 1988 and Federal Highway Administration (FHA) regulations (49 CFR, Part 382). B. Drivers. Drivers are those employees of the City required to hold a commercial drivers license and drive commercial vehicles: 1. with a gross vehicle weight rating of 26,001 pounds of more or combination vehicles (weighing at least 26,001 pounds) or 2. designated to transport 16 or more passengers, including the driver. C. Questions. Drivers with questions regarding these special rules regarding safety sensitive positions should contact the Deputy City Manager. D. When Applicable. These special rules apply anytime a driver is on duty. E. Prohibited Conduct. Drivers shall not: 1. Use alcohol within four hours before reporting for duty. 19-10 2. Report for or remain on duty while having an alcohol concentration of 0.04 or greater. 3. Possess alcohol while on duty. 4. Use alcohol while on duty. 5. Use alcohol within eight hours after an accident requiring a post-accident alcohol test, or until the post-accident alcohol test is completed. 6. Report for or remain on duty when using any controlled substance, unless the use is pursuant to the instructions of a physician who has advised that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle. 7. Refuse to submit a post-accident alcohol or drug test, a random alcohol or drug test, a reasonable suspicion drug or alcohol test, or a follow-up test drug or alcohol test. 8. Report for or remain on duty if tested positive for drugs. F. Required Testing. Drivers will be subject to pre-employment testing, post- accident testing, random testing, reasonable suspicion testing, return-to-duty testing, and follow-up testing, as follows: 1. Pre-employment testing. a. Prior to employment as a driver, either as a new city employee or by promotion or reassignment, the job candidate or employee is subject to drug and alcohol testing. The alcohol test must indicate an alcohol concentration less than 0.04. The drug test must indicate a verified negative result. b. The City is required by federal law to obtain, pursuant to a job candidate's consent, information on the driver's alcohol tests with a concentration result of 0.04 or greater, positive drug test results, and refusals to be tested, within the preceding two years, which are maintained by the job candidate's previous employer(s). That information must be obtained and reviewed by the City no later than 14 calendar days after the driver's employment with the City. The City may not permit a driver to continue to work after 14 days without obtaining the information 2. Post-Accident Testing. a. A driver will be subject to drug and alcohol testing following an accident involving the driver if (1) the accident involved the loss of human life; or (2) the driver is cited under State or local law for a moving traffic violation arising from the accident. b. A driver subject to post-accident testing must remain readily available for such testing and, if able, must immediately notify the City Manager of the accident. Nothing in this section, however, should be interpreted to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency care. 19-11 3. Random Testing. Drivers are subject to random drug and alcohol testing. a. Under the drug testing requirements, at least 50% of the average number of drivers will be tested on a random basis annually. b. Under the alcohol testing requirements, at least 25% of the number of drivers will be tested on a random basis annually. c. Random selection will be made through a computerized program provided by the City's contractor. d. The random drug and alcohol testing will be unannounced and the dates for administering the tests will be spread reasonably throughout the calendar year. e. Each driver notified of selection for random drug or alcohol testing must proceed to the test site immediately. If the driver is performing a safety sensitive function at the time of notification, the driver must cease the safety-sensitive function and proceed to the test site as soon as possible. 4. Reasonable Suspicion Testing. a. The City will require reasonable suspicion testing drug and/or alcohol testing for all drivers under reasonable suspicion of violating one of the prohibited acts under Section 6.E. above. A trained supervisor and the City Manager will decide when reasonable suspicion testing is warranted. That determination will be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of drugs. b. Notwithstanding the absence of a reasonable suspicion alcohol test under this section, no driver shall report for duty or remain on duty while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall the driver continue to work, until (1) upon testing, the driver's alcohol concentration measures less than 0.02; or (2) twenty-four hours have elapsed following a determination of reasonable suspicion that the driver has violated the requirements of this Policy regarding the use of alcohol. 5. Return to Duty Testing. a. Before a driver returns to duty after engaging in conduct prohibited by section 6.E. concerning alcohol, the driver shall be subject to a return-to-duty alcohol test that must indicate an alcohol concentration of less than 0.02. b. Before a driver returns to duty after engaging in conduct prohibited by section 6.E. concerning drugs, the driver shall be subject to a return-to-duty alcohol test that must indicate a verified negative result for drug use. 6. Follow-up Testing. After a driver engages in conduct prohibited by section 6.E. and following a determination by a substance abuse professional that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or drug use, the driver shall be 19-12 subject to unannounced follow-up alcohol and/or drug testing, as directed by a substance abuse professional. G. Testing Process. The procedures that will be used to test for the presence of alcohol and drugs, protect the ddver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver are outlined in Section 2 - General Procedures for Dru.q and Alcohol Testing. H. REQUIRED TESTING; FAILURE TO REPORT FOR TESTING; FAILURE TO COOPERATE; TAMPERING WITH SPECIMEN. For any drug and/or alcohol testing required for drivers under this Policy: 1. A driver who refuses to be tested, fails to report for testing, or fails to cooperate in the collection or testing procedures is subject to discipline up to and including termination. 2. A driver who intentionally tampers with a specimen, violates chain-of- custody or identification procedures, or falsifies test results is subject to discipline up to and including termination. I. JOB CANDIDATE POSITIVE TEST FOR DRUGS OR ALCOHOL. A job candidate whose pre-employment drug and alcohol test results in either a positive indication of alcohol concentration of 0.04 or greater or a verified positive drug test result will not qualify for employment as a driver and will not be qualified for employment with the City for one (1) year from the date of the positive test result, or for such lesser period of time as directed by law. J. CONSEQUENCES OF VIOLATING RULES REGARDING PROHIBITED CONDUCT. 1. Positive Test Results. A driver who tests positive for drugs or alcohol will be considered in violation of this Policy and shall be subject to the provisions of Section 5 - POSITIVE TEST RESULTS. 2. Removal From Position. No driver shall drive a commercial motor vehicle, if the driver has engaged in contact prohibited by Section 6.E. 3. Resource Information. The City will advise each driver who has engaged conduct prohibited by Section 6.E. of the resources available to the driver in evaluating and resolving problems that are associated with the misuse of drugs and alcohol, including the names, addressed, and telephone numbers of substance abuse professionals and counseling and treatment problems. 4. Evaluation. Each driver who engages in conduct prohibited by Section 6.E. shall be evaluated by a substance abuse professional who shall determine what assistance, if any, the employee needs in resolving problems associated with alcohol misuse and drug use. 5. Return-To-Duty Testing. Before a driver returns to duty after engaging in conduct prohibited by Section 6.E., the driver shall undergo a return-to- duty alcohol test with a result indicating an alcohol concentration of less than 0.02 if the conduct involved alcohol, or a drug test with a verified negative result if the conduct involved drugs. 6. Follow-up Testing. Each driver identified as needing assistance in resolving problems associated with alcohol misuse or drug use shall be 19-13 evaluated by a substance abuse professional to determine the driver has properly followed any rehabilitation program prescribed under Section 6.J.4. above, and shall be subject to unannounced follow-up drug and alcohol tests administered by the employer following the drivers return to duty. The number and frequency of such follow-up testing shall be as directed by the substance abuse professional, and consists of at least six tests in the first twelve months following the drivers return to duty. Section 7. DUTY TO REPORT CONVICTION UNDER CRIMINAL DRUG STATUTE A. Any City employee convicted under a criminal drug statute where the violation occurred at any of the following times must notify the City Manager in writing of such conviction, including pleas of guilty and nolo contendere, within five (5) days of the conviction: 1. When the employee is on duty or engaged in City business; or 2. When the employee is using City vehicles, equipment, tools or any other City property. B. Any employee who fails to make this required notification is subject to immediate discipline up to and including termination. Section 8. EMPLOYEE EDUCATION AND ASSISTANCE A. Policy. Bein.q impaired by drugs or alcohol is no excuse for breaking any City rule or policy. Participating in rehabilitation for drugs or alcohol is no excuse for breaking any City rule 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 duty to seek help before the employee's drug, alcohol or other problems lead to impaired job performance. An employee's voluntary request for referral before a known violation of this Policy will not be used as a basis for disciplinary action against that employee. C. Supportline. The EAP "Supportline" 1-800-999-1196 will be coordinated by an external agency, the Mental health Consortium, Inc. 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 safety sensitive employee and be available on company bulletin boards. D. Voluntary 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. 19-14 An employee's voluntary participation in a referral and/or treatment program for drug or alcohol abuse will not lessen any disciplinary action against that employee, up to and including termination, for any violation of the City's rules 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 Deputy 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 E^P 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. G. Leave Allowance. 1. Voluntary Referral. Employees will be allowed to utilize their accrued sick leave or accrued vacation leave to voluntarily access the E^P, should such appointment (s) be necessary during their normal working hours. City of Salina would encourage employees to pursue assessment and counseling during off duty hours whenever possible. 2. Mandatory Referral. Employees' vacation and sick leave will be used for referral and assessment sessions which are mandated by the City Manager. Further, counseling activities beyond referral and assessment will be the responsibility of the employee. H. Cost of Evaluation and Treatment. 1. Voluntary Referral. The City, at the discretion of the City Manager, may, but is not required to offer to share a percentage of the pre-approved costs for professional drug and/or alcohol evaluation/assessment for an employee who voluntarily requests and submits to such an evaluation/assessment The cost of any recommended counseling or treatment will be the responsibility of the employee. 2. Mandatory Referral. The cost of the valuation/assessment will be paid by the City. The cost of any recommended counseling or treatment will be the responsibility of the employee. Section 9. CONFIDENTIALITY A. TESTING LIMITED TO DRUGS AND ALCOHOL. All specimens collected from City job candidates and employees are tested only for drugs and alcohol. The specimens are not tested for anything else. 19-15 B. RELEASE OF TEST RESULTS. Information regarding drug and alcohol test results under this Policy will be released only; 1. To designated City personnel; 2. To a designated person upon the job candidate's or employee's written consent; 3. Upon Court order; 4. Upon litigation commenced by or against the job candidate or employee which in any way involves the City. 5. To subsequent employers of city employees in safety sensitive positions, as required by federal law. C. TEST RESULT RECORDS. The City maintains a locked confidential file containing medical records and drug and alcohol test results. Only designated City personnel have access to these testing results. D. COLLECTION AND LABORATORY PERSONNEL. Collection site personnel and laboratory personnel under contract with the City are required to maintain the confidentiality of test results for drugs and alcohol. Section 10. MISCELLANEOUS A. ACCESS TO POLICY. All job candidates will be entitled to review a copy of this Policy prior to submitting to drug or alcohol testing. All City employees are given a copy of this Policy. A copy of the Policy will be available from the City Manager upon the request of a City employee. B. QUESTIONS. All questions about this Policy should be directed to the City Manager. C. REVISIONS TO POLICY. All revisions to this Policy will be in writing. City employees will be notified of any changes other than minor or technical changes. 19-16 February 1996 ARTICLE 20 "Grievance Process" Any employee may make a request, register a complaint or submit a recommendation about any policy, rule, regulation or treatment that may be unfair or contrary to the department's or the City's best interest, providing said request or complaint follows the chain of command. All requests must be submitted in writing, and a written reply thereto shall be made within five (5) working days. Such written grievance shall be presented first to the immediate supervisor. If a satisfactory solution is not reached at this point, it shall be the responsibility of the supervisor to forward the matter through the regular organizational line or 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) days. It shall be the responsibility of each supervisor, within the limits of the supervisor's authority, to endeavor to resolve or handle the matter rather than merely relaying it to the next level of supervision. If any employee is unable to resolve the grievance through the organizational chain of command within the department, then the employee shall have the option to present the grievance to the City Manager. All decisions by the City Manager are final. The aggrieved employee should endeavor to suggest a method of correction or a solution along with the problem or grievance presented. In no case shall an employee or a group of employees take a grievance to the City Commission or to any individual City Commissioner, either directly or by any avenue or means except through the chain of command. 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. However, the employee shall have the right to file a complaint with the Kansas Human Riqhts Commission. 20-1 February 1996 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 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 substances while on duty; 23-1 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 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 a job application or other required personnel form; 5_. has knowinqly falsified any City form, document or work record. 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; (3. 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; 23-2 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, 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. 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. 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~iwith 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. 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. The employee shall have the option of requesting that the City Manager personally hear the case and reconsider the disciplinary action, or the employee may request a hearing before the Disciplinary Advisory Board. Either course of review shall be commenced within three (3) working days (weekends and holidays excluded) following receipt of the appeal by the Director of Personnel. 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) working 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 within five (5) working days (excluding weekends and holidays) after the selection of the committee. The committee shall submit their recommendations and finding to the City Manager within five (5) working days (excluding weekends and holidays) after conclusion of the hearing. The City Manager shall make the final decision within five (5) working days (excluding weekends and holidays) after receipt of the report and recommendations from the appeal committee or after personally hearing the appeal if that was the request of the employee. 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. 23-5 February 1996 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 evaluation; Co 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: in most cases, anyone serving in an administrative, management, professional, or supervisory capacity should endeavor to give at least a thirty (30) day notice, not including accumulated vacation time; employees with classifications below the above 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 vacation time, unless a waiver so stating is approved by the department head and/or City Manager. 24-1 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, dru.q 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