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12-6924 Personnel Manual UpdatesRESOLUTION NUMBER 12-6924 A RESOLUTION AMENDING THE CITY OF SALINA PERSONNEL MANUAL. WHEREAS, the City of Salina Personnel Manual is routinely reviewed to ensure legal compliance w and to make necessary changes based on employee and management staff input; and WHEREAS, on an interim basis, administrative interpretations are made until appropriate revisions can be made by resolution. SO NOW THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. That the City of Salina Personnel Manual is hereby amended as shown on Exhibits A through H and hereby incorporated into this resolution. Section 2. That this resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this 23`d day of July 2012. No .Jennings, Mayor (SEAL) Lieu Ann Elsey, CMC, Citj Clerk L� DereMbe LIIy 20120-7 ARTICLE 2 "Definitions" Exhibit A ANNIVERSARY DATE The first day of the pay period coinciding with or following an employee's date of employment. An employee's anniversary date does not change when an employee receives an early merit increase or a delayed merit increase. CHAIN OF COMMAND The line of responsibility and authority beginning with the City Commission and descending through the City Manager, department heads, assistants, various levels of supervision and ending with non -supervisory employees. CLASSIFICATION The assignment of a position to an appropriate class on the basis of the kind, difficulty and responsibility of work to be performed. CLOTHING ALLOWANCE Funds approved for the purchase and maintenance of required uniforms and/or uniforms issued and replaced in accordance with departmental regulations. COMPENSATION Salary and other benefits afforded employees for performing assigned responsibilities. DATE OF EMPLOYMENT The effective date as listed on the personnel action form. DEPARTMENT HEAD A director, administrator or officer in charge of a department or departments, appointed by and serving at the pleasure of the City Manager. EMERGENCY A sudden and unforeseen happening that requires the unscheduled services of an employee to protect the health, welfare and safety of the community or to carry out the responsibilities of the department. EMPLOYEE - CLASSIFIED FULL-TIME An employee in a position, established., by the official pay plan, that requires 40 or more hours per week on a regular year-round basis. EMPLOYEE - CLASSIFIED PART-TIME An employee in a position that requires 20 or more but less than 40 hours per week on a regular year-round basis. -This employee is eligible for certain employee benefits. EMPLOYEE - INTERMITTENT An employee in a position that works an irregular schedule which is determined by the fluctuating demands of the work and is generally not predictable.- Such employees work on as needed basis, usually for special events. EMPLOYEE - REGULAR PART-TIME An employee in a position that requires less than 20 hours per week on a regular year-round basis. EMPLOYEE - TEMPORARY/SEASONAL An employee in a position that works on a temporary basis, for a specific purpose or program. For example, recreational employees who only work during fair weather months at the water park.peel: Generally, work does not exceed five (5) calendar months during a year. 2-1 EMPLOYEE - UNCLASSIFIED An employee whose pay in the Official Play Plan as adopted by the City Commission lists a pay range outside of the established pay grades. GRIEVANCE A disagreement relating to employment and working conditions or relationships between an employee or a group of employees and supervisor. MANAGEMENT OFFICIALS Any appointed officer charged by law or ordinance with major policy, administrative, management or enforcement responsibilities. MERIT INCREASE Salary increases granted on the basis of job performance. OFFICIAL PAY PLAN ADJUSTMENT Increases or decreases to the salary schedule predicated on inflation information and depending upon the City's financial capability to make such adjustments. PERSONNEL FILE The official file of each employee maintained by the Human Resources Department. All records, reports and other material entered into such files are and shall remain the property of the City of Salina. PROBATIONARY EMPLOYEE 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. SUPERVISORY EMPLOYEE Any employee having authority, in the interest of the employer, to recommend action including hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend a preponderance of such actions, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature-; but requires the use of independent judgment. SENIORITY DATE First day of the month coinciding with or following date of employment. This date is utilized for determining various employee benefits. An employee's seniority is not adjusted except for when an employee has been on unpaid leave of absence for more than 60 consecutive days. 2-2 �l�veH' ber J u IV L4W2012 ARTICLE 4 "Equal Opportunity" Exhibit B No person in the service of the City or seeking appointment thereto shall be appointed, promoted, demoted, removed or advanced in any way or otherwise affected on any basis or for any reason other than qualification, merit and fitness. Discrimination against any person employed by the City or seeking employment with the City on the basis of race, sex, religion, age, color, national origin, ancestry, disability, ~-familial status, sexual orientation and gender identity is expressly prohibited, except where physical fitness, sex or age is a bona fide occupational qualification. 4-1 Exhibit C ARTICLE 5 "Sexual and Other Workplace Harassment Policy" Section 1. PURPOSE De6e+ube"ud208412 It is the policy of the City of Salina to maintain a work environment free of intimidation, insult and harassment based upon race, religion, sex, age, national origin, ancestry_ -49f disability, sexual orientation, :and ender identity. To insure that this policy is strictly adhered to, the City will not tolerate the harassment of any of its employees, and will take immediate disciplinary action if such behavior should occur. Section 2. DEFINITION 1. The term "harassment" for all purposes includes, but is not limited to, offensive language, jokes, or other verbal, graphic or physical conduct relating to an employee's race, sex, religion, color, national origin, age, disability, sexual orientation, gender identity, or other factors protected by law, which would make the reasonable person experiencing such harassment uncomfortable in the work environment or which could interfere with the person's job performance. 1 a. SEXUAL HARASSMENT No employee, whether supervisory or non -supervisory, may sexually harass another employee. Sexual harassment, as defined, includes but is not limited to: a. Physical assaults of a sexual nature, such as: rape, sexual battery, molestation or attempts to commit these assaults; and intentional physical conduct which is sexual in nature, such as touching, pinching, patting, grabbing, brushing against another employee's body, or poking another employee's body. b. Unwanted sexual advances, propositions or other sexual comments, such as: sexually -oriented, gestures, noises, remarks, jokes, or comments about a person's sexuality or sexual experience directed at or made in the presence of any employee who indicates or has indicated in any way that such conduct in his or her presence is unwelcome. c. Promising or showing preferential treatment to an employee for submitting to sexual conduct, including soliciting or attempting to solicit any employee to engage in sexual activity for compensation or reward; and d. Subjecting, or threats of subjecting, an employee to unwelcome sexual attention or conduct or intentionally making performance of the employee's job more difficult because of that employee's sex. e. Sexual or discriminatory displays or publications anywhere in city buildings or on city property by the city employees, such as: displaying pictures, posters, calendars, graffiti, objects, promotional materials, reading materials, or other materials that are sexually suggestive, or sexually demeaning; or bringing into the city work environment or possessing any such material to read, display or view at work. 5-1 ib. RACIAL AND RELIGIOUS HARASSMENT Racial, religious, or national origin harassment deserves special mention as well and is expressly prohibited by this policy. Racial, religious, or national origin harassment includes any verbal, written, or physical act in which race, religion, or national origin is used or implied in a manner that would make a reasonable employee uncomfortable in the work environment or that would interfere with the employee's ability to perform the job. Examples of racial, religious, or national origin harassment include jokes that include reference to race, religion, or national origin; the display or use of objects or pictures that adversely reflect on a person's race, religion, or national origin; or use of language that is offensive due to a person's race, religion, or national origin. Section 3. POLICY STATEMENT 1. It is the policy of the City of Salina that harassment of applicants and employees is unacceptable and will not be tolerated. 2. Any employee, supervisory or non -supervisory, found to have engaged in harassment of another employee will be subject to appropriate discipline, up to and including termination of employment. 3. Employees are prohibited from harassing other employees whether or not the incidents of harassment occur on EMPLOYER premises and whether or not the incidents occur during working hours. Section 4. COMPLAINT PROCEDURE 1. Any employee(s) who feel victimized by harassment (or has a reason to believe that someone else has been the subject of harassment) should immediately contact one of the persons listed below with whom the employee feels the most comfortable. Complaints may be made orally or in writing to: • The employee's immediate supervisor • The employee's department head • Deputy City Manager • Human Resources Director • Human Relations Director • City Manager 2. All inquiries, complaints, and investigations are treated confidentially (as practical). The employee filing the complaint shall be advised of the results of the investigation. 3. A copy of the investigation report and the final decision is included in the personnel file of the respondent only if the investigation concludes that the individual engaged in prohibited conduct. No record of a complaint is kept in the complainant's personnel file, unless the investigation concludes that the complaint was reckless, frivolous, or untrue. Section 5. RETALIATION PROTECTION The City will not tolerate adverse treatment of employees who have reported harassment or provided information related to such complaints. The City will undertake whatever measures are necessary to ensure that retaliation does not occur. Employment decisions affecting an employee who has filed a complaint shall not be based on retaliatory motives. 5-2 Exhibit D L3erenThef-20('17JuIV 2012 ARTICLE 8 "Performance Requirements" Section 1. PERFORMANCE STANDARDS Employment in a position, either regular or temporary, is not recognized as a vested right to be retained because of appointment, possession or seniority, but only when the standard of performance justifies the continuance. Section 2. EVALUATIONS OF PERFORMANCE An evaluation system shall be utilized by each department. The method of evaluation and related forms shall be devised by the department head with the assistance of the Human Resources Director for specialized classifications such as police and firefighting. The Human Resources Director shall develop the method of evaluation and related forms for those classifications utilized in more than one department, such as maintenance workers and secretarial or clerical personnel. All methods of evaluations and related forms should be submitted to the City Manager for approval prior to use. The systems shall be periodically reviewed in order to assure that they are serving the intended purposes and are in step with changing technology, methods of personnel training, supervision and job requirements. They shall be designed and administered so as to promote and encourage the concept of equal employment opportunity based on merit and fitness. The systems shall include written reports from immediate supervisors at a minimum of an annual basis. All such reports shall become and remain a part of the individual's personnel record, maintained by the Human Resources Director. Employees shall receive a copy of their performance evaluations. All evaluation reports shall be processed through the department's chain of command, with each supervisor acknowledging by signature that the report has been reviewed. Each level of supervision or management should add notes of concurrence, disagreement or additional observation and opinion concerning the employee's performance and evaluation. The employee being evaluated shall be furnished a copy of the evaluation and requested to read and to sign the same. In the event the employee refuses to sign the evaluation report, the supervisor will make this notation on said evaluation report and process the same in the regular manner. The employee shall be permitted to submit a written statement concerning the evaluation. The evaluation form shall include space for the employee to comment on the evaluation and a space to indicate agreement or disagreement with the evaluation. In the event ;mplovees need aoditional space, he or she may provide an attachment to the evaluation. All evaluations shall be typew4gef�-e 4+4acreated from the electronic form and printedk. APY-Any non -probationary feg4 af-employee who receives an unsatisfactory evaluation shall be reevaluated at the end of a three (3) month period. A second unsatisfactory evaluation shall be cause for a reduction in pay, demotion or dismissal. Section 3. MERIT SALARY INCREASES Salary ranges for all municipal positions are contained in the Official Pay Plan adopted by the City Commission. Each job classification has a minimum and a maximum salary level. All increases are to be granted strictly on a merit and fitness basis and are not to be considered automatic. In order to be recommended for a merit increase, an employee must 8-1 demonstrate the Organizational Values and receive an overall performance rating that indicates he or she has met the supervisor's expectations. Denial of a merit increase due to iob oo ) c: ince does nc�' constitute disc_iolin.arp ,1 i{ r if v— (,mpk)yee has--xc-ee<iecl-his er-her } '1-A8fi?s ek FtckHE3 r�, ;r1e-StIF`r'JIFOz�wfr iE'ad n+ayrPGFI IF7�eC}dd+l-$Ef�VtlArlcii The Department Head shall submit recommendations for merit increases in written form to the Human Resources Director for approval. The final decision on granting the increase may be subject to the approval of the City Manager in accordance with the Pay Plan.-_ subsequeRt GVaWatieR if the a 144-ee#s expe- at;ons. Hewe �.� +�erease w+4l of DeretroaE -St ch-rec-e4NP&ndatio�-shal�be forwarded s explained rabeve. Dewial�# e -to jah per�rrr�ar�ee-deer rie#-ear�stitt�taclrssi�li�y-a6tiae The City shall not be obligated to grant merit increases if the funds are not available and budgeted. Section 4. ADJUSTED MERIT SALARY INCREASES Department Heads may delay consideration of an employee's merit increase if they feel they have not had sufficient time to measure the performance. Section 5. PERFORMANCE EVALUATION APPEAL PROCESS If an employee believes that the rating(s) received on an evaluation do not accurately reflect performance or feels that he or she was unjustly denied a merit increase for failure to demonstrate the Organizational Values, a written appeal may be submitted to the Human Resources Department. The appeal must be submitted within f itteen terr-(105) work+rig-calendar days after receiving the written performance review._Tlie ernploye- signature acknowled ing the cr) his been reviewed with the employee is considered the receipt date. Upon receipt of the appeal, the Human Resources Director will schedule a meeting with the employee, relevant supervisory staff, and the City Manager to review the information within ten (10) working days. The City Manager's decision is final. 8-2 Exhibit E Ja4a+4ar-�-2-083J u n e 2012 ARTICLE 9 "Promotions, Transfers, Demotions and Reclassifications" Section 1. PROMOTIONS It is the policy of the City to fill all vacancies for skilled, supervisory and upper-level positions from the ranks of present employees, whenever possible and practical, consistent with the city's obligation to fill public employee positions with the best qualified candidates, and consistent with equal opportunity and affirmative action requirements. All employees seeking promotion shall be expected to meet the qualifications for the classification to which they seek promotion. Employees shall be made aware of promotional opportunities by notices on department bulletin boards. City websitets7. and.or email. The Human Resources Director shall promptly distribute such notices_ to -a4 -department heeds as soon as -the {�ositie++ besE�+saes ava4abl� A. Definition: A title change in and of itself does not constitute a promotion. In order to be considered a promotion, at least two of the following criteria must be satisfied. 1. The employee is moving to a new, more responsible job with increased responsibilities supervisory role, i7ianaL tit di c rF kion over a division additional decision,makingiautonoi7iy). 2. The position must be at least one salary -p, grade higher. 3. The position the employee is moving into must be in the same established job family (e.g., Maintenance Worker I and Maintenance Worker II). B. Procedures for Promotions: A higher r �,, ,.� �o po-sitio+� rest be vse ��t Iia-ar�establ+� barmy-(�:g., MaiRte+aaiase Worker 1 and --A a44tenza+ase W-or*-er4l -Filling a vacancy by promotion may occur without public job advertisement with the City Manager's approval. -e# the-Gity Manager: Vacancies can exist when: a. An incumbent leaves a position. b. New positions are added in the annual budget process. C. Effect on Employee: Promoted employees are similar to newly hired employees with respect to probationary requirements and performance and merit increase review schedule. Probationary Period: All employees will serve the applicable probationary period beginning from the date of promotion during which their fitness to perform the duties of the new position will be evaluated by their supervisor. Salary Rate: The Department Head may place the promoted employee at or above the minimum entry level of the new salary range, depending on the employee's qualifications for the new position. 9-1 Demotion During Probation: Promoted employees who cannot satisfactorily perform in the new position may be demoted at any time during the probation period and returned to their previous position or a reasonably comparable position, provided such an opening is available. Performance and Merit Increase Review Schedule: The promoted employee's anniversary date will be adjusted to reflect the date of the promotion. If an employee has exceptional performance after six (6) months, he or she may be eligible for an early merit increase;_ eOtherwise, the promoted employee will be eligible for a performance and merit increase review, when budgets allow, after twelve (12) months and annually thereafter. D. Qualifications for Promotion All promotions shall be on the basis of merit and fitness determined by competitive, written examinations, assessments and/or interviews, wherever practical, and with consideration of the employee's total work record. -All tests, interviews and other methods of determining qualifications for promotions shall be related to the job for which the employee is being considered. All promotions shall be recommended by the department head and subject to approval of the City Manager. Section 2. TRANSFERS Every employee has the privilege of requesting a transfer at-a+iy4ime4here exists -a vacaric-y-for--w4ish--tk4e-employee desires £onsideratioa4when a vacancy exists. This does not restrict the City's right to make a non -requested lateral transfer or assignment when deemed in the City's best interests. It shall be the responsibility of every supervisor and department head to give deliberate and impartial consideration to each such request within their respective departments. The Human Resources Director, department heads and supervisors of all departments shall see that notices of all vacancies within the municipal organization are promptly posted so that every employee may have the opportunity to request the transfer; -make application. Personnel action forms shall be signed by both department heads involved in the transfer, if applicable, with final approval by the City Manager. Any employee who transfers from one position to another shall be entitled to retain all accrued sick leave, vacation leave and other such earned fringe benefits. P+e4ided Eligibility to transfer from one retirement program to another shall depend on the relevant state laws or regulations regulating the programs. A. Definition: There are two types of transfers - lateral transfers and non -lateral transfers. A lateral transfer is the movement of an employee from one position to another within the same pay grade. A non -lateral transfer is the movement of an employee from one position to another with a higher or lower pay grade. B. Effect on Employee: 9-2 Transferred employees are similar to newly hired employees with respect to probationary requirements and performance and merit increase review schedule. Probationary Period: All employees will serve the applicable probationary period beginning from the date of the transfer during which their fitness to perform the duties of the new position will be evaluated by their supervisor. The probationary period may be waived by the City Manager. Salary Rate: The Department Head may place the transferred employee at or above the minimum entry level of the new salary range, depending on the employee's qualifications for the new position. Demotion During Probation: Transferred employees who cannot satisfactorily perform in the new position may be demoted at any time during the probation period and returned to their previous position or a reasonably comparable position, provided such an opening is available. Performance and Merit Increase Review Schedule: The transferred employee's anniversary date will generally be adjusted to reflect the date of the transfer. The employee will be eligible for a performance and merit increase review, when budgets allow after 12 months and annually thereafter. Section 3. DEMOTIONS A. Definition A demotion is a downward movement of an employee from one position to another within an established job family (e.g.-- Maintenance Worker I and Maintenance Worker II) or to a position within the department with less responsibility (e.g. supervisor to non -supervisor)- which may be due to inability to satisfactorily perform assigned duties, for disciplinary reasons or during periods when it is necessary to lay off employees due to lack of work or funds. If an employee requests to be placed in a position at a lower pay grade within an established job family, this will be considered a non -lateral transfer. B. Effect on Employee: When a demotion is for failure to perform satisfactorily in the position to which the employee was promoted, he/she may return to the previously held position or a reasonably comparable position, provided such an opening is available. -The probationary period may be waived by the City Manager. When an employee is demoted into a position that he/she has not previously held, the employee will serve the applicable probationary period beginning from the date of demotion during which his/her fitness to perform the duties of the new position will be evaluated by their supervisor. The probationary period may be waived by the City Manager. The employee's anniversary date will generally be adjusted to reflect the date of the demotion. The employee will be eligible for a performance and merit increase review after 12 months and annually thereafter. If the employee's pay in the current position exceeds the maximum in the demoted position, his/her pay will be reduced to that maximum or a lower level in the new range, as determined by the Department Head. The employee's anniversary date will generally be adjusted to reflect the date of the demotion. The employee will be eligible for a performance and merit increase review ._yvhen b0dq(E is allow, after 12 months and annually thereafter. 9-3 Section 4. RECLASSIFICATIONS A. Definition: A reclassification is the re-evaluation and reassignment of a position to assure that the pay plan accurately reflects the worth of the position. A position may be reassigned either upward to a higher pay grade or downward to a lower pay grade. Reclassification is an action taken to recognize one of two conditions. 1. The duties, responsibilities and qualifications of an existing position have substantially changed over time to the extent that the position no longer resembles others of its class. 2. Labor market conditions, as evidenced by the City's recruitment and retention experience and verified by salary survey data, indicate a need to re-evaluate a position's location in the pay plan. The preferable method of altering departmental personnel allocations is through the budgetary process, thereby allowing the City Commission to review the staffing request. The reclassification process should not be used to reward an employee who is performing well in a properly classified position but who possesses potential to perform in a higher level position which the City does not need. It is also inappropriate to use reclassification to provide additional salary growth to an employee who has reached the top of his/her salary grade. In other words, reclassification should not be used in place of a promotion. An employee who is performing extremely well may be rewarded by promotion, if a vacancy exists, up through the class series (e.g. Maintenance Worker I to Maintenance Worker II) but this should not be considered a reclassification. Reclassifications are distinguished from promotions in the following manner: 1. A promotion is the upward movement of an employee into an existing vacant position in a higher pay grade. 2. A reclassification is the upward or downward movement of a job or the restructuring of a position to better align with the role and responsibilities. B. The Reclassification Process: A Department Head wishing to reclassify a position should develop written justification for the request and submit this to the Human Resources Director for review. The Human Resources Director will develop a recommendation concerning the proposed reclassification which is submitted to the City Manager. The City Manager will review the reasons for the request and the recommendation from the Human Resources Director before making final determination on the reclassification. C. Effect of Reclassification Changes on Incumbent: Employees holding positions designated for reclassification who are performing the duties of the new position at the time of the reclassification will be reclassified with the position. Employees holding positions designated for reclassification who are not performing the duties of the new position at the time of the reclassification will not be reclassified with the 9-4 position. _Under these circumstances, the incumbent employee may apply for the newly reclassified position. -If the incumbent employee is not selected to fill the new position, he/she will be eligible to be demoted, laterally transferred, or promoted to another available position in the City. If no vacancies exist, the City's layoff provisions may be used. D. Probationary Period: Employees holding positions which are reclassified to recognize the assumption of additional and/or different duties will not serve a probationary period. Employees holding positions which are reclassified to recognize labor market conditions will not serve a probationary period because they have not assumed additional duties. E. Salary Rate: To recognize additional or a reduction of duties and responsibilities, a Department Head may place the employee in the reclassified position at or above the minimum entry level of the new salary range. The anniversary date will not change. Employees holding positions reclassified due to labor market conditions may receive a salary increase if their current salary falls below the minimum level of the new range. The anniversary dates of employees in positions reclassified due to labor market conditions will not change. Section 5. POSITION ADDITION, REMOVAL OR REALIGNMENT The City Manager may add, remove, or realign current positions to better meet the needs of the organization and the services provided when the end result of the change(s) does not result in a budgetary increase. In the event the changes would impact the budget, those changes shall be implemented only upon authorization of the City Commission. 9-5 Exhibit F how to safely perform tasks and use equipment. Department heads and supervisors shall ensure that adequate protective equipment is available for use by employees under their supervision. Recklessness, laxity or carelessness will not be condoned. Prompt action shall be taken to repair faulty equipment and correct hazardous conditions in work areas. Employees are required to follow all safety policies and procedures outlined in the Risk Management and Safety Procedures Manual as well as special safety rules that may be issued within individual departments. Failure to do so may result in disciplinary action. Section 9. DRIVER'S POLICY Any Employee who regularly drives a city -owned vehicle or is compensated by automobile allowance shall be covered by this policy. In addition, the City Manager may designate other employees that may be covered by this policy based on a review of their position and responsibilities. The following categories of traffic violations are established for the purpose of administering this policy. A violation means either a diversion or conviction for the traffic violation described. ■ Type A Violations 1. Reckless driving (STO-29). 2. Fleeing or attempting to elude a police officer (STO-31). 3. Operating a motor vehicle during a period of drivers license suspension or revocation. ■ Type B Violations ^1. Driving under the influence of alcohol (STO-30). 2. Driving under the influence of any drug or combination of drugs to a degree that renders the person incapable of safely driving a vehicle (STO-30). ■ Type C Violations All moving violations not listed as Type A or Type B violations. This category includes, but is not limited to, racing on highways, inattentive driving, careless driving, speeding, stop sign violations, failure to yield and running a red light. A. POLICY 1. The employee must be at least 18 years of age and hold a valid driver's license from the State of Kansas. In the Police Department, the employee must be at least 21 years of age to operate vehicles used for emergency response. 2. The employee must comply with the Kansas Department of Transportation guidelines with respect to types of licenses required to operate certain vehicles. 3. Any employee whose job requires possession of a valid driver's license or who receives an automobile allowance, shall report to his/her supervisor within 24 hours all: a. Type A or B violations b. Driver's license suspensions, revocations or expirations c. 3`d e -r 44' -Type C violations within the prior three year period. (If the employee is unsure, the City will initiate a motor vehicle record check at the employee's request.) d. Driving citation(s) issued while employee is on the "watch list". The Employee's supervisor shall by the next regular business day report the 18-3 information to the department head, who shall the same day report the information to the City Manager's office. 4. Candidates for jobs with the City of Salina and new hires shall be held to the same driving standard as employees if their job duties require possession of a valid driver's license. 5. Motor vehicle records will be examined by City Management. Motor vehicle records of current employees will be examined at least annually. In the case of candidates for jobs with the City of Salina to whom the City has made a conditional offer of employment, the candidate's motor vehicle record will be examined before the candidate is hired. The motor vehicle record will be compared to the standards which follow. If examination of the motor vehicle record determines that the employee is one (1) violation away from not being allowed driving privileges (not including Section 5a), the employee will be placed on a "watch list". a. If the record shows one (1) or more Type A violation(s) in the last three (3) years, the employee shall not be allowed driving privileges. b. If the record shows two (2) or more Type B violations (separate incidents) in the last five (5) years, the employee shall not be allowed driving privileges. c. If the record shows four (4) Type C violations or one (1) Type B and three (3) Type C violations in the last three (3) years, the employee shall not be allowed driving privileges. 6. If the employee is placed on a "watch list", the following actions will be taken: The employee will meet at least annually with their Department Head and City Management in a counseling session to discuss safety issues, their driving record and be provided safe driving information. The employee will also be notified of the availability of self-help courses such as defensive driving. The employee will also be notified of the possibility of no longer being eligible or qualified to perform the job for which he/she has been hired. City Management will review accidents which have occurred to city vehicles. Reviews will determine preventability and to propose corrective action(s). Any recommendation affecting the employment status of an employee is subject to review by and appeal to the City Manager. Section 10. SMOKING POLICY STATEMENT OF PURPOSE To respond to the increasing evidence that second-hand tobacco smoke creates a danger to the health of persons who are present in a smoke-filled environment and to establish City policy to regulate the use of smoking materials by City employees while on duty. A. DEFINITIONS Municipal Facilities: Any building or structure owned or operated by the City of Salina. Smoke: Smoke or Smoking means the lighting of any cigarette, cigar or pipe, or the possession of any lighted cigarette, cigar or pipe, regardless of its composition. Vehicle: Any car, truck, bus, van, or fully enclosed rolling equipment owned or operated by the City of Salina, used for conveying persons, supplies, equipment, etc. 18-4 Exhibit G January 2009July 2012 ARTICLE 21 "Hours of Work and Overtime" Section 1. SCHEDULES AND ASSIGNMENTS With the exception of fire personnel who are under the "on duty twenty-four (24) hours and off duty forty-eight (48) hours" work schedule all personnel will have a standard work week from 12:01 a.m. Monday through midnight Sunday evening. Fire personnel who are under the "on duty twenty-four (24) hours and off duty forty-eight (48) hours" work schedule shall have a basic work period of 21 days in duration commencing at 8:00 a.m. on the first day of the work period and ending at 8:00 a.m. on the first day of the following work period. Section 2. REST PERIODS Rest periods and coffee breaks are a privilege which shall be arranged so as not to interfere with City business. During each eight (8) hour shift, one fifteen (15) minute break is permitted during each half of the shift. This privilege should not be abused. Section 3. OVERTIME PAY Employees shall be compensated at a rate of one and one-half times (1 1/2) the employees' regular rate of pay for hours worked in excess of forty hours in one standard work week as defined in Section 1. Schedules and Assignments, with the exception of shift fire personnel with a basic work period of twenty-one (21) days. For overtime purposes, hours worked does not include vacation, holiday, or sick leave hours. Any time worked in excess of an employee's regular schedule shall be with the prior knowledge and approval of the immediate supervisor and/or department head. Extra time worked and the corresponding compensation shall be calculated to the nearest tenth (0.1) of an hour. Employees determined to be exempt, according to the Fair Labor Standards Act, are not entitled to overtime compensation. Section 4. NONSCHEDULED WORK POLICY The effective delivery of City programs and services requires that City employees respond to situations at times other than during scheduled work hours. In order to respond to those situations without restricting the personal activities of City employees during their time off from scheduled work, all City departments shall make every effort to avoid calling individuals in to work. In the event an employee is requested to report to work and the employee reports, he or she shall be paid for a minimum of two hours._ Departments that require 24/7 operations may require the use of radios, pagers, or other similar devices in order to ensure service delivery. Employees may be required to report to work in emergencies or in accordance with departmental policy. Section 5. PAYMENT FOR HOURS WORKED Employees shall be paid for hours worked, Employees who believe that they have been subject to improper wage or salary deductions or have not been fully paid for any payroll period should notify their sulervisor or the Human Resources Department immediately upon discoverinjc such discrepancy to cget the problem resolved. Employees will not be subject to any form of 21-1 retaliation for raising such an issue or for notifying his or her department or Human Resources of the potential issue. If it is determined that a wage or salary deduction was incorrectly made or that the employee did not receive full compensation for any payroll period. the employee will be reimbursed for any improper deduction or paid any previously unpaid wages as soon as practical and no later than the next payroll period following the determination when possible. 21-2 Exhibit H Jafluafy-J u ly 200912 ARTICLE 22 "Policies" Section 1. NEPOTISM (EMPLOYMENT OF RELATIVES) Hiring of personnel shall be predicated strictly on merit. Having a relative in the employ of the City shall not be cause to deny employment. Efforts shall be made by the Human Resources Director and other department heads to see that no employee is placed under the supervision of a relative. SuGh efferts shall not be at the eapleY+ t. The City shall have the option of transferring an employee to a comparable job of equal classification in order to avoid supervision by a relative. For purposes of this section relative includes spouse, parent, child, brother or sister. Section 2. POLITICAL ACTIVITY It is every employee's duty and right to register and vote on all political issues. Employees are not permitted to engage in any political activity involving the election of City Commissioners, except to register and to vote for the candidate of their choice.-F€mployees shall not use their positions with the City to influence the vote or political activity of any person. No public funds may be expended for the use of equipment or premises used for political purposes, sponsoring or conducting candidates' meetings, engaging in voter registration activity or voter transportation or carrying out other partisan political activities, other than those specifically authorized by law. In order to prevent and avoid the apperlrance of impropriety on the part of ay employee _grid to preserve government impartiality,€employees are not permitted to solicit, sell or handle political contributions or to wear or display political badges, buttons or signs n their person during on -duty hours. At no time may employees display political bumper stickers posters, banners, pamphlets or buttons on city vehicles or property or on a city work site. City employees are neither appointed to nor retained in the City Service on the basis of political activities. -Their appointment and retention is based on merit and fitness only. Section 3. RESIDENCY All Department Heads of the City of Salina are expected to live in the corporate limits of the city. Department Heads wishing to reside outside the corporate limits of the city may request a waiver of the residency requirement from the City Manager for good cause. All other employees shall not be required to live within any designated geographical area, but shall be subject to departmental rules regarding minimum required response times. This requirement shall take into consideration each specific job function as it relates to continuation of essential services, response to unforeseen emergency situations, and the general public safety, health and welfare. Response time requirements are as follows: no greater than 40 minute response time by way of the most direct route and within posted speed limits; or must live within the city limits of Salina, Bennington, Minneapolis, McPherson, Solomon, Abilene or Carneiro. All departmental rules relating to minimum response requirements shall apply to specifically designated positions, and be subject to review and approval by the City Manager. 22-1