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HomeMy WebLinkAbout01-30-2009 Council RetreatCommittee: Date & Time: Place: Subject: Public Meeting Notice Mayor and City Council Fri day , January 30, 2009 Grand Hotel Marriott Reso1t, Golf Club and Spa Point Clear, AL 11 :3 0a.m.-1 :00p.m. -Lunch with Council & Paul Myrick to discuss our Personnel Ordinance Policy & Procedures 1 :00p .m. - 3 :00p.m. -Faci litated discussions with Dept Heads , Council and Mayor on Policy & Procedures 3 :00 p.m.-5 :00p.m. -Facilitated discussions with Council and Mayor on working relations Notice must be stamped, dated and initialed before posted on bulletin board. POSTED 1/ey,/qq SIGNATURE r J STATE OF ALABAMA COUNTY OF BALDWIN The City Council , met at a Retreat )( )( at 11 :30 a.m., Grand Hotel Marriott Resort , Golf Club and Spa One Grand Boulevard, Point Clear, Alabama 36564, on Fri day, 30 January 2009. Council President, Debbie Quinn Councilmember, Dan Stankoski Councilmember, Lonnie Mixon Councilmember, Rick Kingrea City Attorney, Paul Myrick City Clerk, Lisa A. Hanks Councilmember, Mike Ford was absent Council President Quinn called the meeting to order at 11 :30 a.m. Councilmember Mixon discussed work sessions and Roberts Rule and the work session sho uld be open in the Council Chamber. Councilmember Kingrea said we should avoid the situation we had the other night. Let the citizens vent, say what he or she wants to say. Let the people get it off their chest. He said Mike plays the crowd. Councilmember Stankoski said he opens book at night of meeting. Councilmember Kingrea we should open the floor up and have discu ssion. Sometimes they say something worth listening to. Council President Quinn said we don 't want to get caught up in a hissing match. Our lawyers said do not get in conversation with them and they gave notice we are going to sue. We had several special public hearings . Councilmember Stankoski stated we are 10 times involved and are pushed to the limit. He said I am not interested in public hearings and our work sessions are too long. I have to take annual leave to come to meetings ; an hour for City Council and for Planning & Zoning meetings . Vacation is taken for the City. We need to cut do wn on the number of meetings. I am already on the Planning & Zoning Commission and the Chief of Police search. Retreat --11 :30 a.m. to 1 :00 p.m. Friday, 30 January 2009 Page-2- Councilmember Kingrea said the more you allow the public to be involved is better; the Greens had ample time to participate . If a public hearing, let them talk. If not a public hearing, do not let them talk. Councilmember Stankoski said disputes are held at Planning & Zoning and then go to the City Council. Council President Quinn mentioned the City Administrator position and stated we are not getting the information we need. I don't want to do a full time job. Lonnie and I met just to review the water & sewer issue , when to sit down and dig out information we need . Councilmember Mixon said the work session before the City Council meeting needs to be in the Council Chambers. We have to have some time to get together. Councilmember Kingrea said see you guys discuss issues. It is better for the meeting to start at 6:00 p .m. and end at 9:00 p.m. or longer. Councilmember Mixon said the problem is employees required to be there. Council President Quinn said department heads who know their nuts and bolts are needed for questions. Councilmember Kingrea said put at the beginning of the meeting -public discussion and Mayor's comments early on. Council President Quinn, Councilmember Mixon, and Councilmember Stankoski all agreed that the Mayor predisposed the audience and took advantage. Council President Quinn said we need to discuss why we are here today with Paul Myrick: Personnel Rules and Procedures. Paul Myrick began by stating the ordinance is not worded for the Council to be substituted for the Mayor. This is your call and is at the discretion of the Council. You have to remember pre-disciplinary actions have witnesses for both parties, etc. The proposed disciplinary action is not open to public. The action from Council is open to public. The agenda would have proposed disciplinary action and media would have knowledge. Any employee making over $50 ,000 would be open to public discussion. The Mayor and/or City Administrator would do disciplinary action. An executive session would be called to hear the appeal. Then , you would come out and take vote on decision. Retreat --11 :30 a.m. to 1 :00 p.m. Friday, 30 January 2009 Page -3- Councilmember Stankoski said the Council just wanted to say you don 't just have the Mayor to go to. Mr. Myrick said you can assume it if you want. Disciplinary actions are not final until appeal process. Councilmember Stankoski said we don't want to discuss problems out in public. Mr. Myrick stated the City Clerk and City Treasurer are appointed positions. The Chief of Police, Fire Chief, and City Attorney have no specifics listed in the Alabama Code on appointment and terms. Council President Quinn said we listed the department heads and others based on the budget names. Mr. Myrick mentioned a pay scale or classification on employees. Councilmember Stankoski said there is a letter regarding the Chief of Police and the Mayor said he gave this letter to the Chief. Councilmember Mixon said Kant is not jumping up and down regarding the letter. Mr. Myrick stated there is a $25,000 difference in Chief and Captain . Council President Quinn said that Tut asked; do you really want to take it away. He said we could possibly get sued. Councilmember Mixon said that the Mayor does not have the authority to give that amount. Councilmember Stankoski asked ; how can we verify the letter is dated December 1, 2007. If it was dated 2006, we could say it was based on promise to Chief Why would it be a year later? · Councilmember Kingrea asked ; how long do we keep letters/documents? Lisa Hanks, City Clerk, answered it depends on the content of the document and archive rules and regulations from the State of Alabama. It could be two years , up to twenty years, or permanent. Council President Quinn said there is no reason to do letter in 2007 . Retreat --11 :30 a.m. to 1 :00 p.m. Friday, 30 January 2009 Page--4- Councilmember Stankoski asked if there was any issue the Chief of Police Search Committee moving forward. Mr. Myrick replied there is no reason to delay . Councilmember Kingrea asked; what do we need to do about the ordinance Paul. Mr. Myrick suggested taking out Chief of Police, City Attorney, Municipal Judge, and City Prosecutor. The language tossed around says may appoint. You can treat the same as the City Clerk and City Treasurer or leave which makes it easier to dismiss. The Mayor can dismiss for good cause right now. Councilmember Kingrea asked if they have a specific term. Mr. Myrick replied you can set term . Councilmember Stankoski said we can set term. Mr. Myrick stated the statute says just cause for termination. The manual is hire and fire at will. Council President Quinn said the Mayor gave us an organizational chart six weeks ago . Councilmember Mixon stated he is the executive head and implements what council says. We need to decide what is or is not policy. Mr. Myrick said to read through detail. It is subject to the approval of Council. Councilmember Mixon said one appointed one guy who did not meet the 4 year residency for the Personnel Board. Mr. Myrick said we can change as deemed necessary for Council. The meeting was adjourned at 1 :00 p.m. L./"L i a A. Hanlcs C:::irhope City Clerk STATE OF ALABAMA COUNTY OF BALDWIN )( )( The Mayor and City Council, met at a Retreat at 1 :00 p.m., Grand Hotel Marriott Resort, Golf Club and Spa One Grand Boulevard, Point Clear, Alabama 36564, on Friday, 30 January 2009 . Mayor, Timothy M. Kant Council President, Debbie Quinn Councilmember, Dan Stankoski Councilmember, Lonnie Mixon Councilmember, Rick Kingrea City Attorney, Paul Myrick City Clerk, Lisa A. Hanks City Department Heads/Supervisors Councilmember, Mike Ford was absent Council President Quinn called the meeting to order at 1 :00 p.m. Council President Quinn said we would begin with Personnel issues regarding hiring and firing department heads. She asked Paul Myrick to give a brief update/overview. She introduced Marty Adams and Diana Snow as consultant. Paul Myrick thanked everyone for making Fairhope what it is today. It is real important what your role is in enforcing Personnel rules. Most folks you supervise see you in a different light. They look at the "we." They look at you as an example. You must abide by the rules. The City of Fairhope can be responsible for violations that you do, such as sexual harassment. You must be consistent in applying the policies we have in place. You will be called to implement and/or recommend a decision. Employees expect explanations and for you to be able to quote the rule. Always document your actions. Treat employees consistent under similar circumstances. Example: a person on six- month probation and a 20 year employees; these are not similar. If a lawsuit is filed base on your recommendation, you will be called on to explain your decision. Read over the Equal Employment Opportunity Commission "EEOC" policy. Discrimination laws are not always common s ense. Retreat --1:00 p.m. to 3:00 p.m. Friday, 30 January 2009 Page -2- City expects for you to help the City and handle things without the City Attorney (Myrick). 1) Lack of con s istency in enforcing the policies. Vehicle liability issues -You don't have to keep employee if not insurable for position. 2) Full time and part-time employees . There is nothing that defines these two types of employees in the emplo y ee laws. Working 40 hours and listed as part-time . Mayor Ka nt said the Retirement Systems of Alabama "RSA" specifies 19 or more hours to meet their criteria. RSA takes out 5% based on these hourly requirements . Scott Sligh, Electric Department Supervisor, asked about driver 's license issue and personnel manual states promptly and DOT states 30 days. Mr. Myrick said that promptly means report immediately to supervisor. You should have annual driver checks . Mayor Kant stated he was concerned with DUI instead of speeding. Mr. Myrick stated the handbook says all traffic tickets. He went over the following issues: 1) Department Heads are now covered by grievance procedure in the new ordinance for the personnel policies and procedures. Under the current policy, they are not. You will have a right of appeal to the City Council. 2) Overtime -Non-exempt employees and more than 40 hours. The policy calls for parades , weekends , etc . 3) Call-in for emergency services -Employee cannot come in -can be disciplined based on situation. Mayor Kant said critical employees are required to come in . 4) Education Assistance -Two full years after accepting the assistance must work for the City. Mr. Sli gh stated if you work for me two years is not enough and said five years would be better. Mr. Myrick responded that commitment is not enforceable . It is a policy, not a law . Retreat --1:00 p.rn. to 3:00 p.rn. Friday, 30 January 2009 Page -3- Councilmember Mixon said we have temporarily halting the assistance , would it be a breach of contract. Mr. Myrick said resolution needs to be passed by the City Council. Councilmember Stankoski asked if we were paying to non-accredited institutions. Ms. Wilson replied it has to be an accredited and states so in manual. Mr. Sligh asked about the one-day waiting period for sending an employee home. Mr. Myrick replied you cannot take action until pre-disciplinary action has been initiated and possible review. Mr. Sligh said even if they were about to fight. I feel like they should have to sit at home for a day and think about it, come back, and then talk. Mr. Myrick said if you send home without pay, you did not give pre-disciplinary review. Jennifer Fidler, Public Works Director, stated she tells her employee "don't like the attitude and if you don 't like it you can leave." Mayor Kant said managers should have the right to discipline right then ..... Mr. Myrick replied employees are entitled to due process. Lisa Hanks, City Clerk, asked if there is a law that mandates due process. Mr. Myrick replied it is a Federal law. Mayor Kant asked if we could suspend with pay and then discipline. Mr. Myrick replied you could send borne with pay and the employee has 24 hours to seek review process. If the employee doesn't seek review , suspension is without pay. If the employee does seek review and have pre-disciplinary, would keep pay. Ms. Fidler asked what about a vacation day . Retreat --1:00 p.m. to 3:00 p.m. Friday, 30 January 2009 Page-4- Mr. Myrick replied it requires a suspension. You separate to get them off the job. Threatening behavior would allow suspension until 24 hour review and tell employe e w ill be dismissed . He then asked ; "what is an une x cused absence ?" Be consistent on what is excused or unex cused. Mayor Kant stated that an alcoholic is a protected class . Mr. Myrick said that if the emplo yee did not come to work becau se he or she was on a binge was not excused. Rhonda White , Human Resources Admini strator , asked if w e could change to z ero tolerance. Mr. Myrick replied don't define the discipline. Have zero tolerance and refusal to take the test is testing positive. Mayor Kant mentioned we had one go to the Personnel Board and the y reinstated the employee . Mr. Myrick said if everything was done properl y, it is cut and dry. Mayor Kant said the y put him back and kept salary. How do we deal with salary if mo v ed down or up? Mr. Myrick replied pay range for job is good. Lesser job should have pay for that job. Ms. White asked if zero tolerance and steps are followed , we should not have a problem. Mr. Myrick said the Department Head makes the decision . First positive day test or refusal , dismissed from job. Courts are more favorable to employer. You must be consistent across the board. Jobs could be an exception to rule, i.e. unsafe. Mr. Seay, Gas Department Supervisor, asked if DOT had steps in place . Mr. Myrick replied the DOT does not say you can fire the employee, but you cannot put back behind the wheel. Gregg Mims , General Superintendent, said if you raise your hand we w ill help you . We should make sure all steps are followed ; not just who you know . I believe we should have zero tolerance. Retreat --1:00 p.m. to 3 :00 p.m. Friday, 30 January 2009 Page-5- Mr. Myrick said we should build procedures for the Personnel Board to follow . Did they do it or did not? The danger is the Personnel Board may think it is too harsh and say don't do it. Give more guidelines for them to follow ..... Ms. Fidler responded that the Personnel Board asked for steps. Ms. White stated we had meeting and they were not clear what they were to do . They need to understand what their role is. Mr. Myrick stated they should not be able to reverse the decision and go against the Policy. You must be consistent. Question: 2005 Rules regarding part-time probationary employees; shouldn't they have access to Grievance Procedure? Mr. Myrick replied it is a matter of policy . Department Heads have right to appeal to City Council. Set up as an appeal: Council is in Quasi Judicial and will be in Executive Session. The end result will be in public. Mayor Kant asked; won't the appeal be in open public. Mr. Myrick replied just the end result. Question: Not on-call , but on critical list. Employee can't leave and wife at doctor is someone else to be called? Mr. Myrick stated they can give reasons for being late or can 't get there. Ms. Fidler stated she has on-call employees and they know freezing weather is an issue. Can we put on-call? They are not paid to be on-call. Mayor Kant said if a manager asks and they refuse, this will be put on evaluation at end. Mr. Myrick said the Utilities are on-call. Wage hour allows for on-call , but be able to report in so many minutes, can't drink, and do not have to pay. If you are engaged to wait, cannot leave telephone at home, then you would have to pay. The main reason is "Wait to Engage." It is a policy and can be changed . Mr. Sligh said the employee has a City vehicle, in 15 minutes ready to go, and can't drink; are they not limited. Retreat --1 :00 p .m. to 3 :00 p.m. Friday, 30 January 2009 Page-6- Mr. Myrick replied if they have truck and in 15 minutes must get to destination; they are limited. Mayor Kant stated that Utilities are looking at this policy. Dan Ames, Purchasing Manager, asked are you using emergency as generic. Mr. Myrick replied yes. Question: Why are for cause only for appointed officials? Mr. Myrick said that Department Heads and other employees are not subject to just cause . The proposed Ordinance gives you a post-disciplinary hearing . The City Clerk and City Treasurer are defined by Alabama Statute and removed only for cause and a 2/3 vote by the City Council. Question: Travel time within a work day to attend class is compensable? Mr. Mims asked about appointing authority. Would subject to be reappointed not for other just for City Clerk and City Treasurer? Could serve at discretion of Council ? Mr. Myrick replied that the Council could have contracts with term , rate of pay, etc. Councilmember Mixon stated the Personnel Board needs a job description for each employee. We need to look at a wage rate scale and want a flowchart will all employees on it. Mr. Myrick stated that an employee who regularly works 40 hour and hired as part-time needs to be reclassified and approved by the appointing authority . He said you may want to change wording as irregular work schedule instead of reclassifying the employee. Dan Ames, Purchasing Manager, commented it would work if you clearly define the job description. Sherry Sullivan, Director of Senior Services, asked about employees who lose insurability due to age or disability. Retreat --1 :00 p.m . to 3:00 p.m. Friday, 30 January 2009 Page -7- Mr. Myrick replied if you can't drive safely not because of age, the employee could be removed. Employees with a disability -you have accommodated them and still can't drive; can be removed. If a vacant position exists, you can move to that position. However, you do not have to create a job for them. Councilmember Mixon said we have a hiring freeze. If someone has to be fired and be replaced, that is not hiring someone just replacing the employee. Mayor Kant mentioned that South Alabama Regional Planning hires employees, we pay South Alabama Regional Planning, and the employees get benefits through them . Cities are using through hiring freezes and probationary periods. We tell them we need X number of people on the job and specify the type of jobs available. Councilmember Kingrea said Lonnie and I tend to agree and not. We have a hiring freeze, you don't hire anyone. The whole purpose of the freeze is to help with the money issue. Ms. White stated we have had problems with not being consistent. We have a hiring freeze and not firing employees because the y cannot be replaced. Ms. Fidler said three days a week is better than none. Mayor Kant said it depends on situation and you should take it to the Finance Committee . Councilmember Kingrea stated the folks that are doing stuff leave alone, but employees are interchangeable. When it becomes the bare minimum of employees then hire. We may have to take a high-end employee and move to a low-end position. The way to cut costs is to cut people. That's where we are on dollars and cents . We need to move around so they have a job. Councilmember Mixon said don 't let it ride; fire ones that need to be fired. Mayor Kant stated we need to be consistent. He mentioned we have received $700,000 of the $4.6 million from property taxes and $ 1.0 million in business licenses of the $2.0 million. James Gillespie, Administrative Superintendent, said we need to tell employees what is go ing to happen and be consistent. Retreat --1:00 p.m. to 3:00 p.m. Friday, 30 January 2009 Page-8- Councilmember Stankoski stated employees will look at the job market and work ..... Councilmember Mixon said the Council is not trying to tell employees what to do ; but trying to help. The meeting was adjourned at 3:00 p.m . City of Fairhope City Clerk I STATE OF ALABAMA )( COUNTY OF BALDWIN )( The Mayor and City Council, met at a Retreat at 3:00 p.m., Grand Hotel Marriott Resort , Golf Club and Spa One Grand Boulevard, Point Clear, Alabama 36564, on Friday, 30 January 2009 . Mayor, Timothy M. Kant Council President, Debbie Quinn Councilmember, Dan Stankoski Councilmember, Lonnie Mixon Councilmember, Rick Kingrea City Attorney, Paul Myrick Consultant, Martha S. Adams, Ph.D . Consultant, Diana D. Snow, Ph.D. City Clerk, Lisa A . Hanks Councilmember, Mike Ford was absent Council President Quinn called the meeting to order at 3 :00 p .m. Council President Quinn said we would begin by everyone introducing themselves and stating their title and/or job description . Martha S. Adams, Ph.D., stated this is a journey on some goals. We always "begin with an end in mind ." I) Where are we? 2) Where do we want to be? 3) How do we get there? We will begin by asking "What are our strengths ?" Mayor Kant stated that the City is 99 percent in great shape. We have dedicated employees , volunteerism, managers who have been here 30 plus years , work together as a team who take pride in their jobs . Councilmember Mixon stated the library is great, recreation is available, Nix Center, cooperation between the merchants and the City, and Council and Mayor are working together. Sherry Sullivan , Director of Senior Services , said there is a common thread "what is best for Fairhope." Retreat --3:00 p.m. Friday, 30 January 2009 Page-2- Dr. Adams asked; what are the problems? Ms. Sullivan replied communication . Does not say what their agenda is and throw in all of our cards . We serve at the pleasure of the Council and work under the Mayor. Their consequences affect our decisions. We tread water not to rock the boat. Gregg Mims, General Superintendent, said we asked for the Department Heads to put in writing what problems they had and then send to Rhonda White in the Human Resources Department. Some were afraid to send to HR. There is a huge problem with trust. Department Heads are caught in the middle. We don't know what to say or do! We don't want to be afraid of making a suggestion . We have a lot of knowledge, but not participation. The City has dedication and loyalty from its employees. It is too good here to let nitpicky kind of things get in the way for progress. This City could be more wonderful than we have now. There are fears of repercussions. If everyone cooperates with the new ordinance, it allows a new layer of safety. Out of all the places I have worked, this is the best group of Department Heads. Dr. Adams asked; how do you deal with conflict? James Gillespie, Administrative Superintendent, said the Mayor divided the Organizational Chart between two parts of the City: Administrative Superintendent and General Superintendent. We have a hiring freeze and don't want to send anyone home. Mayor Kant said we put employees under certain Department Heads. Our audit shows these levels of Government employees. At 8:30 a.m. every Friday, the top five people are in the Conference Room to answer questions. I have managers that don't just say yes and will argue their point. Dr. Adams asked ; when did you hear about the Friday mornings? Mayor Kant said it was announced at the City Council meeting. Mr. Mims stated all Councilmembers have my cell number. I let them know about issues. Councilmember Stankoski said you hit the nail on the head . The perceived problem is with the Mayor and City Council. The problem is change and financial change . We are not the fat cat anymore . There are more demands on goods and services. Change creates additional conflict between the Mayor and Council. We both know when it is over; it is over. There are differences in ideas and opinions. This filters down to the employees. At the top needs trust and communication . '\, Retreat --3:00 p.m. Fri day, 30 January 2009 Page-3- Councilmember Mixon sai d the major problem is ch ange of Government. The Legislative Bod y sets the rules an d procedures . The Mayor puts the policies in motion. We need to find bridges or ropes to co mmuni cate . Mayor Kant said we need a Work Session to get it out in the open . We are worried press wo uld put wrong thi n g in the paper. Ordinances sho uld not be put in the Clerk's office 10 minutes before agen da deadlin e . No one has time to review, ask questions, etc . Councilmember Kingrea stated that the City Council should have public participation in meeting . The problem the other ni ght was a citizen wanted a publi c hearing. Citizens don 't come to Work Sessions , but do attend the City Council meetings . The perception is we are constantl y at war. The Mayor suggests and the Council disagrees or vice versa . We need to nip that in the bud ..... I have never come to Gregg or James because of being a new Councilmember and did not want you to think I was telling you what to do ..... Councilmember Stankoski said we should not be shy givin g our opinion. Citizens are not afrai d to voice their opinions. We have a reputation that we are fighting . If two people think alike , you don't nee d one of them. Then, when the vote is taken, everyone gets on board. Mr. Mims said once the d ecision is made, don 't go m a comer and undermine the decision . Mr. Gillespie said it is fine if we agree , but when you are left out, you feel helpless . Yo u make a change and we don 't know anything about it until employees complain . Mayor Kant stated we need to h ave a Work Session or m eeti n g to discuss ordinances , resolutions, etc. Mr. Gillespie said something comes up on agenda and did not know about it. Thi s brings up conflict with employees . We don 't like surprises. We will do whatever you guys tell us to, but not as a surprise. Dr. Adams asked; how wo uld you ge t that information ? Mr. Gillespie replied like thi s through communication. Mayor Kant said Counci l should only have to tell me one time and I will get the information for you. If you are going to put an ordinance in place, five hear same information and vote on same. Retreat --3:00 p.m. Friday, 30 January 2009 Page-4- Councilmember Mixon said the problem is making the transition. We are doing what the law says and having growing pains. Dr. Adams asked; how are we going to get there? Councilmember Mixon replied we need input like this. Council President Quinn replied communicating; because as Council President I am trying to pull everyone together. We have a $50 million dollar budget and over 300 employees . We are spinning our wheels on little things and not working on the big picture. Mr. Gillespie told the Council that they could come to Gregg or himself and they would help. We can't run a gas line or fix an electrical pole, but we are available to help. Council President Quinn said there is a lack of respect with communication. We need to make sure the Council knows everything and leave baggage out on the sidewalk; more respectful with opinions. Mr. Mims said other than personnel issues; let's look at the policy of records and holding stuff back. Everyone I work with will answer your questions. Don't put up barriers. Mr. Gillespie said 50 % of the water study information comes from financials . Dr. Adams said transition, now back me up : Strong Mayor and Weak Council to Weak Mayor and Strong Council. Mayor Kant said the Mayor has the power to veto. The Council decides bow much work they want. If you are going to go that route , be prepared to do the work .... Councilmember Mixon said the Mayor would sit with the Council and did what the Mayor wanted to do. We are now a larger City and the Council takes charge. I needed the employees pay rates and now have to fill out a form. Ms. Sullivan said trust is the issue; confidentiality rules and we need to respect each other. Mayor Kant said when yo u are outside that board you do not have immunity. Councilmember Stankoski said Work Sessions are open meetings. Retreat --3:00 p .m. Friday, 30 January 2009 Page-5- Mayor Kant stated that two Councilmembers discuss issue/item over telephone, issue /item is put on the agenda, and the City Council votes that night on the issue/item. Councilmember Kingrea said we need a free flow of ideas for citizens: Mayor and Councilmembers in a session where all can talk. For example the boat could have been discussed. The citizens can decipher for themselves what is wrong and what is right. Open meetings that last three hours are better than Work Sessions and City Council meetings. Councilmember Stankoski stated that is great if perception is not fighting. It is the process and once the solution comes ; it is the vote . Better way to communicate. This is democracy. Ms. Sullivan said we should not allow media to write negative and then be on a committee. Mr. Mims stated that Nancy Wilson was just elected and written negatively about. You should take up for your employees. Councilmember Kingrea replied he does not completely disagree with Ms. Sullivan. The press is going to write what they want. We need to demonstrate better decisions. There is a bad perception about the Police Chief. He said look folks we are working as hard as we can; work with the Mayor for the good of the City. Our goal is to do what is best for the City of Fairhope. Mr. Gillespie said we want the opportunity to help you make a good decision. If we get agenda early enough, we can get the information for you. Councilmember Mixon said we need to have a game plan. We should have two separate agendas for the Work Session and the City Council meeting. Mayor Kant said on off Mondays meet at 6:00 p.m. to discuss the items, so Council President Quinn can line up agendas for the City Council meetings. Council President Quinn replied we should just go over items before meeting at Work Session. If we do a Work Session, when do we have it? We have the Utility Board, Finance Committee, and Bob Callahan from the Baldwin County Board of Education lined up for the next Work Session. Mr. Mims said that at the Finance meeting Sweet Water Park needed to be addressed and choosing an engineering firm which is a requirement for the Grant application. Retreat --3 :00 p.m. Friday, 30 January 2009 Page-6- Mr. Gillespie said we need to put aside everything and do what is best for Fairhope . Mayor Kant said James , Gregg , Terry, Lisa, and Nancy can get you what you need . Mr. Gillespie stated you should not have to go to both places for information. Mayor Kant said you don't have to run all over town. Mr. Gillespie responded we can centralize ideas for you guys and only have to go to five people . Dr. Adams told everyone "I liked the give and take you gave." The meeting was adjourned at 4:50 p.m . ✓ Lisa . Hanks City of Fairhope City Clerk P ERSO City of Fa· h Ir ope ~:::~*c;(i~ ~y ,; Ufl I ~ljfa;• v~ L R ULES, POLICIES A D p ROCE DURES E ffecli ve Date CITY OF F AIRHOP E October I , 200 5 S u ercedes : 3/16/1994 P ERS O NE L RULES, POLICIES AN D PROC EDURES Adopted by the City Council June 27, 20 05 Mayor Timothy M. Kant City Council R ob ert C . G entle, Pre s ident Michae l A. Ford D e bbi e W . Quinn J. C e cil Christenberry Danie l R. Stanko ski Rick Kingrea Lo1u1ie L. Mixon TABLE OF CONTENTS J..0§ ·:·},.P,~J:L.O_Y_E!!~0S ___ . __________ . _. ___ . _ .. _ . _ _ _ _ _ _ _ _ ....... _ _ _ . _ EMP _ ···-i;..F-ie_1_d _c_od_e_c_h_a_nga..ed _____ ..._......,."""'-< ;, · Field Code Changed // LOYMENT OF OTHER AGE!>ICrESRELATIVES ( 1EPOT ISM) J..07 .,.~fl:E lfJ ,_4~1,-Q)_P~'?~ll_' Qf fQI'L~4!!~ Qg ...... __ .... _ . .13. ... __ EMP -·· ~ Field Code Changed c:rm:l LOYEE S OF OT HER AGENC IES 5~~~ _:~:~~J_;f[~l~~~;,t~=~~='.:"_'!.~~::i=r::=-=-···-=·-= ... -==-==-===--=-=-==-~.-=-=-=--=_~:-::-:-:--::-:::--:::-·.w1~~~:i;!:!.'::::!!:::~~~:~:~~!!:::~:~:~:~-··············--·CJIW-- EMP / LOYEE PER SONNE L RECORDS AN D RE CL ASS IFI CAT IONSPRIVAC Y ,14·······-·· p _Ey}'l_Q~~ 3 .I~Ql.J~~ Qf '•~'.()R,K2 c02 ___ ... 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Q, '·· ·.:·.:_,sc::-".1 Field Code Changed •4~0} ~-:·cEM .... -~ . --............. -. ----........ -...... -. ... . ... . ..... -... .. --.............. -. . ... ... ... •92 .. S L~ ·~i•~-~ld_C_od_e _C_ha_n_g_ed _____ ,.__._,~ 4 .04 .... OVERT IME 03 -===aaaa====~===-='-.;,;,;.e="". • ----------------------------------------------------EM p -. -.. / Field Code Changed LOY EE PAYRATES ,:1.Q / ~----------~~~ ,4 .05 .... SPEC IAL PROVJS IONS FOR LAW ENFORCEMENT AND CO R..'lio CT IONS OFFICERS 4.04 ....... ~. Field Code Changed .1.06 -. ~-~6~1 CALL E~4PLOYEEs· ---. -. --.... --------. . ------......... -----. -4 .05 s EC! Field Code Changed •4 0-7 ·: · ·2~2E~~~~~~YEES J.r ... -.: .. >{>=Fi=el_d_C_od_e_C_h_a_n.;.ged----==-""""-"-""< .4 .08 .... SPE<::I_.\L EV_ENTS07 _ , .... ··/ Field Code Changed EME 2-1 / __ ... -) Field Code Changed SPE 2 CIAL EVENTS _. .. ; Field Code Changed Cmii .4, IO .... PAY_ D,<\Y 09 _ ;:A / ' VEL TIM E PAY _ .. ;•:' -Fi-el_d_C_od_e_c=h_a_n-ged-;-------;::CTifil= ... =;:;;:34~ ,4 11 .... _ Q_E_Q_U_C_TJQ~J~ F~Q~4 _J_(I QL ___________ ~-----------------=:-;.f _=~>,,-'.------:--------;:::::;;;;.:, ----DAY 4. 1 I .......• ,A Field Code Changed 412 .... TRAVEL EXPENSE, RJ;l~4BU~SE~4ENT ... ci~,1 E~4PL{:h'~~E~J:j: .. 4. 12 ::.: .. :'[_ Field Code Changed ·(13 .... cm1ri;~iS~<\T lmJ UPO~J SEP ,~RAT IO~J _F~:::.r :.: 9 << -1 13 COM PE foECTION 5 -~'U~~l!_,~TIQtJ._l__R_AINl~~G_.<\~JQ .!)_E'rELOPME~IT - - - - -- --·7 Field Code Changed ,.5 Q.1= --PERFO?,~,y._~~CE EVA~l!_A'.flQ~S SEC ·-,A Field Code Changed 24 / ~------:-------::::=;:;;:i {J~IT~l~O~~~:,t·t .. !E~ViA~L1U~A~T~lfO;f#~·~T?RA~~=IN~]ll~~G~t,.A~:-:::D~D~~EV~=E~L-O~=P-M=-=-E-=-=--:-r=-~~~~~~~~~~~~~~~~~~~===~5LlO~IL .. _.,_.. ·c·~.-i Field Code Changed 5 02 .... EMPLOYEE TRAl~_H~l_G ... -... -.. .. -... .. .. 5.02 .. , ....... ,_,, Field Code Changed :S 'o3 .. c··_EDUC/;TIQ~JAL A~~IS-f,<\~IC:E PRQGRA~4 ·· 5 03 ... EDU~,-" .... .,,..,.,_,.,,,,.--~~-~--........ :::===:, .,SECAON 6 .. J;~4!2LQYEE BJ;~IEFll=S -· .. •=\ Field_£~e~~~=··n="g=~==~= ==a,d,"""'""""""> SECTIO ~-_ _ _____ ---------> FieldCodeChanged ,,""; J7 -----------;::=;:::;;:: LTH INSURAN CE EM PLOYE E BENEF ITS .. -i Field Code Changed ,6c02 .... RETl~E::MENTOI HEA ./ ' L TH INSURANCE BENE FIT S J7 .... . ... ;' -Fi-el_d _C_od_e_C_h_a-ng-ed-:-------;::[=. :::;:.:;: .. ;:::. 1 ,6.03 .... DIS~~l_!.,In~ INS URANC!e !~ALAR_¥ CQ~l"!"~l!,JAT ION 02 RET ·/ ' 2-7 -----:------;:: IR EMENT BE EF ITS1 lill+-------::-::-:--:---:-:-:--::-::-::---:--:--::---::---=-::--;·03 Dl~ode Chang~-~~~ ................... ,.J ··· J~L }2t f>,6~0;1 ~·:··~· '·;V~O~R~K[;ER~S~C~OB~E.4NPEH~IRS~:\~ T:J~~ETJ.Rf;ES;__~_::_.:_ ___ -::-____ ~-=--=--,26~0!::!.4...,.,,. ... .;,;··"S·.,.7,::.: Field Code Changed •605 .... INSURA~JCE: BENEF_ITS fQR-RETIRE ES , .:;.;;;.;;;.;;::.;;,.;..==-======--==~ :(06 .... cm{=f)€J U,~Ilml OF05 _ _ _ 1 S /:;,~...'.F:'.'.ie:'.'ld"...C:::-od~e..::C:::h:::an::.:g~ed=--------'-'-~- ;s / URANCE BENEF ITS FOR RET IREES .... -i Field Code Changed ,6 07 .... RECR_E~,TIQ_~J06 CON / • JS ~-----:------;::::=;~ Tl UATION OF BE EF IT S .. _~Field Code Changed ,6 .~7 REC • /' =R~E-A-=T~,o~N;;B;E~N-;;:E::;:F:;-:IT:;:;S:;-;:;:ro;:;-;,R"P~A~R;:;:T::::TDlu;:f>.4J1E~A;:jNll=D;::Ti=iE;i~Yi.4iiPO@RRAl\~R~Y=iE;i-~Yi.1P:PL~O@¥¥£E£E£S ____ ;iis9o~8 BENE.Fl'; F-ie_l_d _C_od_e_C-:-h-a-ng-ed-=-------;::=:::;:~ ,SECTION 7 "!"1~4E OFF FROf>.~ WO_R}~ _ -. --~~-;;· Changed .~ HOLIDAY_S_ _ _ SEC / . ._30 j ~----------;:=:::;::::;::i IT]l0lliJ7.:::..:.T□Il!MilE;_!OQEFFE.EFB.ROill:MLW~0)£R~K;__ _______________ ~_-=---_ .. 1/ Field Code Changed ,7.02 .... BIRTI-II:>AY0I HOL !DAYS 7 03 .... PAID\'ACAT ION02 . . -.. ~· - THDAY ),04 .... ~AVE03 D VACAT ION .7c0.?_·::·_Fjt~ILY N~D-~_1~Q ~C2"•_L04 _________ ---------- ------- --- K LEA VE ii ._30 / BIR 0 .... ,) Field Code Changed • Ji Field Code Changed PAI / ;J I _ SIC ._32 _ .. ci Field Code Changed ' / CJsill CJm) FA -) Field Code Changed ci56fl MIL Y AND MEDICAL AND SERV JCEMEMBER LEAVE POLICY }3 , ,7c0J _·:·JUR't'/.._l'~D_ '?,'!11-IESS QU.T_Y ___ ... . .. ... . . . . . 7.Q6 •:· :e,:'.':J,> _Fi_el_d_c_od_e_c_h_a_ng_ed ______ OS?fl-._··-5_7~ ,7.0 ?_. .. }~1.LITARY. l.J,1\\IE, ...... 7 97 ·:····::",Field .cod .. e.,,changed ~ .7cOJ _•:·:•~Qf>-'.l l}JlER_A_Tl '{fi0_8_ _ _ _ _ _ _ _ ___ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -====•························LJ~ -------------------------------,cMc....:.IL /,,. Field Code Changed D5917 IT ARY LEAVE .2 .. ~---·········../ / 7.09 ··: ··•···•'.:· Fi eld Code Changed D60fl ?. io .. :. :.:::,. Field Code Changed ~ p_!Of 'AO_N ~ EMPLOYEE ~~S_!'Q~l§IB ILl :flES AND CO~Q {d <_::l_ _ .,SECTION~~ ____ .. . ....... __ .... _ . .. "::: ,:::. .. . -··.;; Field Code Changed &GF. EM PLO YEE RES PONSIBILIT IES AND CONDUCT f O--..... // I ... f61 1 I D62fi ,8c0J _•:·:~U_L_E§fil. ____ ~ ___________________________________________ COD -,/A~F_ie_ld_Cod_e_C_h_an~g~ed _____ ~CJNJ~··~· ~6~3~ J;; OF CONDUCT .4:Q .8.0 3 ..... ARRf STQ2 _______________________________________________ RUL _ /1 Field Code Changed ES OF EMPLOYEESCONDUCT ._4Q ,8c0-4 "·:.·:SAFlc=ryo3 _ .......... __ --.. . ES T OF EMPLOYEES ,8,0§ .. ,.,SUB.S:f,<1,~1 g i; !i.!3!-J~E04 ET Y .. · · Field Code Changed ARR ci® ,8 06 ·:·,P.E~~Q~L_\I:, PO§SESSIQl'.!S __ . _ .. 8.07 .... COMPUTeR USE )"o_? .:. :·Q(Ll-,y~~~ )E~~I{: =~ ~~.· ,=;"' ... _ _ _________ _ ~.Q6 ·:· ···:·:· Fie ld Code Changed .. t.768fi 8.07 .......... , ~ 8.0 8 ..... : .. :] Field Code Changed ... [691 ,814 ..... BULLET IN BOARDSJ.l _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ >--=-~~------=--·-··,.. f7 ... 4"-<l ------------------------------~PE~R > Field Code Changed l.775f4 SONAL APPEARANCE ._47 .. , / '--------=-------'-''---'---.=..,.., .sci§ _·:·:S.9_Ll(:'_1!0TJ_OJ~Sil _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -soc -. 7-{~F_ie_ld_Cod_e_C_h_an_g_ed _____ ~fjfuj_ .. _. _7~6~ LETIN BOARDS ._48 , .8cl§_.,.,SUNS!'1 1l'l~~l!l'![)S l 5 . __ ._. SOL . /·FieldCodeChanged CJmj ,SeCTl.()N ~ r:>J .SQ IP L!l'IE.. ... ... . _ . __ . •· ...... ·•· ... g 19 : .... :: ... 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T INTERVIEW ------_-_--_-_-_-_______ -__ -_-_-_-_-_-_____________ 5EC _ . ·· 1 Field Code Changed ---{ Field Code Changed j_T.!]I =1!:!....LL-=-.!:~~!.!.!.L:!..!E..!aL'-CB~O~A~R~D:...._ ___________________ :,_s -----·/ Field Code Changed ·------"---------- ·' I._9 ~ ::· ______ . -_· _-_____ ;__·-_-_-_· __ s __ o __ 1 _-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_-_____ -_-_-_-_-_-_-_-_-_-_-_-_-_cS,:_.:E=-c ---i:::=Fi=el=d=C=od=e=C=h=a=ng=ed==========: ;,_ 8 ___ --{ Field Code c~~nged ECT ION OF M EMBERS .11..9 ~ ... _1~£!-iQ '{-~1.,_s_,~►.!Q y00.§£\~l§!E_s.9 2 -- ------- - --·· ··· -i Field Code Changed u :::=================~ -A-L-IF_I_C_A_T_IO_N_S_O_F_M_E_M_B_E_R_S ____________________ ~".':8~ ....... --7 Field Code Changed QUT l§~03 _ _ _ ...... _ _ _ _ _ _ -! Field Code Changed RE MOVALS AND VACA CIES ;,_8 ... -i Field Code Changed ~l!.a.I.0~4!..c·=•·c.!,·D~UL.1Tc.!.I""-'ES"---------------------------58 iv SECTION 1 -PURPOSE AND SCOPE 1.01 INTRODUCTIO These Personnel Ru les, Policies an d Proced es ( "Personnel Ru les") for the C ity of Fairho ere ado pted by the City Coun c· and a pproved by the Mayor in Ordinance No. _--. . effecti ve . 2009. T hese Perso nn el Rules repeal a nd su persede the Person ne l Rules Polic i s and Proce du res adop ted by Ordinance ~ effective March 16, 199~. /~5 The Perso nne l Rules state the City's e mpl oyme nt rul es , po li cies and procedures , a nd ge nera lly de scribe employment benefits. _Empl oyees sho uld become thorough ly fa mi liar w ith the Personnel Rules._ Any qu esti o ns a bo ut the rules , policies, procedures or be nefits sho uld be directed to the C ity's Hum a n R esources Director. Fo r the City to meet the needs and expectation s of its residents , the City must employ qualified individual s who perform their job s to the best of their abilities. The employment relation ship between the City and its emp lo yees is ba sed upon mutual trust and mutual satisfa ction. E#hef Except as otherw ise required under A labama s tatutes applicable to the empleyee erappo intm en t o f the City C le rk an d the Citv Treas urer and the emp lo ymen t of "law enforcement officers " in the City of Fairhope Police Department, the City may terminate the employment relationship at any time for any reason ~. and the se Personn el Rules do not: (i) obligate the City to continue an employee's employment for any particular length of time; (ii) create a contract of employ ment between the employee and the City; or (iii) create a property right or any other ri g ht to continued employment with the City. H o weYer. the adoptio n of the se Pasem1el Rules is not intended to depr iYe any empl oy ee of any accrued empl oy ee benefits (fer example: accumulated paid rncati on or pa id sick leaYe ). Exce pt by reso luti on or ordi na nce adopted bv the City Council o r bv written agreement signed by the Mayor an d ap pro ve d bv the Citv Co un ci l, no e lected or appointed officia l. department head, manager, superv iso r or other repre se ntative of the City has the a uth o ri ty to make any promise or representation abo ut a n emp loyee's con tinu e d empl oyment wi th the C ity o r to make a ny promi se o r re presentation that varie s from th ese Personnel Rules. These Pe1·sem1e l Rules may be supplemented by d epartmental rules applicab le to pal't-i-cttla r C ity departments. Emp loyees in those departments wi ll be provided a copy of any departmental rules . Depanmental rule s may not ce11flie 1 with the se Pe,•·se1111el Rules. The Mayor mu st approve departmental rules. The adoptio n of these Personne l Rules is no t intended to deprive a ny emp lovee of a ny accrued emp lovee benefits (for example : accumulated pa id vacation or pa id sic k leave). 1.02 DIS SEM INA TION OF THE PERSON EL R ULE S A co py of these P ersonnel Ru les w ill be prov ided to each emp loyee. _Additio na l co pies are ava il ab le from the H um a n Reso urces Director._ The City C le rk, as C ustodi a n of R eco rd s , is responsib le fo r mainta inin g a current se t of the Perso nnel Rules, including any changes appro,·ed by the Mayor and adopted by the City Council and approved bv the Mayor. Each employee is responsible for reading and understanding the Personnel Rules. After each current employee is afforded the opportunity to read these Personnel Rules, the employee will be required to sign an acknowledgement to confirm the employee has read and understands the Personne l Rules. _Eac h new employee will be provided a copy of the Personnel Rules during orientation and w ill be required to sign the acknow ledgement before beginning work ._ The acknowledgement form will be maintained in the employee's personnel file . 1.03 OPEN DOOR POLI C Y The City maintains an "open door" po licy for its employees. _Emp lo yees may take any problem or complaint directly to a s upervisor, ___Q[_Department Head. or !Q_the Huma n Resources Directo r._ Ho wever, if an e mplo yee ha s a di sc rimin a tion or ha ra ss m e nt c ompla int und e r th e C ity's Equal Emplo y m e nt Opportuni ty/H ar ass m e nt Policy, th e e mplo yee mu st us e th e co mplaint proce dure und e r th a t po li cy. Most problem s can be addressed mo st effectively by discu ssi n g the problem w ith the employee's immediate supervisor. _If an employee cannot resolve a problem with his or her supervisor, however or if for some reaso n the employee feels that he or she cannot discuss the prob lem with the supervisor, the employee may go direct ly to the employee's Department Head or to the Human Resources Director._ The employee must call to schedule a meeting._ The employee will have the opportunity to di scu ss the problem and, hopefully, to work out a satisfactory solution. The City 's "open door" po licy works best when employees follow the procedure of scheduling a meeting in advance. _Anyone who is interrupted s uddenl y may not give a problem the full attention it de serves._ Finally, remember that the best way to resolve most problems is to work with the immediate supervisor. 1.04 CHANGINGSUPPLEMENTATIO OF THE PERSO NNE L R U LES Any change in these Pe rsonne l Rules a nd anv change in th e Citv·s pay c lassification plan o r emplovee benefits must be a dopted bv the City C o uncil and approved bv the Ma vor. The Mayor may sup pleme nt these Personnel Rules. howe,·er, supplemental_!Q facilitate effective and efficien t pe rsonne l management of City employees. Supplemental po licies or procedures may-shall not conflict wi th these Personnel Rules. _A ny such supplementation by the Mayor sha ll be in writings and shall be provided to the Citv C lerk and the Human Resources Director for dissemination to emplovees. The Mayor may direct a temporary deviation from these ~Personnel Rules under emergency circumstances if necessary to achieve the 2 pri mary mi ssio n of se rving the City's residents . AR)' ehaRge iR these Pev'SOnnel R1-,•ks , aRd any change in the City" s pay class ifi cation plaR or employee be Refit s, must These Personne l Rules ma y be supplemented by depa11111 en ta l ru les app li cab le to partic ular City departments. Depa 11111ent rules sha ll be in wri tin g and sha ll be reviewed and a ppro ved by the Director of Human Resources and th e Ma yo r-il-ne adopted by the City Couneil.. Empl ovees in th ose departments sha ll be provided a copv of any depai1mental rules. Depa11m enta l rules mav not con(lic1 \\·ith these Personne l Ru les. 1.05 COVERAGE O F THE PERSON E L R ULES E lected Official s. These Personne l Rules do not cover eleeted officials.E lected Officials. which inc lud e the Mayo r and the Members of the City Cou ncil. However the City wi ll take prompt and effecti ve remedia l ac ti on if an e lected officia l vio lates the City's "Equa l Empl oyment Opportunit y/Harass ment Po li cy." Emplo yees mu st use the complaint procedure in the EEO/Harass ment Polic y if the em ployee believes an elec ted officia l has violated that j3(tl-iey Polic v. Appointed Officia ls. The se Personnel Ru les cove r the following appoiRted offie ia ls: The City C lerk.Appointed Officials. whi ch sha ll in clude th e C ity Treas ure r-,--the Paliee C hief, an d th e Utilities SutJer intenden t. These officia ls are appointed by the Gi-t-y-C ity Clerk. The City Co unci l ffif--shall appo int and elect a specified term (the City Cleric the City Treasure r a nd the Police Chief are appoiRteda Cit _ Clerk . who shall hold office un ti l the next general election and until the ir successors are appo inted, elected and qualified by the City Co uncil based upon the recomrneRdatioR of the Mayor). These appointed offic ia ls . An Appointed Officia l may be di smissed during #lei-fhis or her term for "~ca use " by two thirds2 /3 vote of the members of the City Counci l after a hearing before the City Council. '·Good cause ·· iReludes iReompeteRce . malfeasance. misfeasaRee, or nonfeasance in office and cond uct detrimeRta l to good order or discip lin e including habitu al Reglect of duly. These appoiRted officia ls do not have access to the Grie,·aRce Procedure in Sec!ioR 9.0 4 of these Persemie l Ruf-es. The C ity Attorney and the C ity Judge are appointed by the City CouRcil based upoR the recommeRdation of the Mayor fo r a specified tem1. These appointed officials are ne.' coYered uRder these Pe..-sennel---R-ukr.-----Tltese--0ppointed offic-ials---n1-ay-be-ei-s-m-i-s-seEI during their term fo r '·good cause'· by tw o thirEls vote of the City Counci l afte r a hearing before the City Council. '·Good cause '·Cause" includes incompetence , malfeasa nce, mi sfeasan ce, or nonfeasan ce in office and co ndu ct detrimental to good order or di sc ipline includi ng hab itual negl ect of duty. The City will take prompt and effectiYe remedia l action if either of these appoiRted officials violate the City's ··Equa l Emp loyment Opportunity/HarassmeRt Poli cy.'· Employees must use the Comp laint Procedure iR the EEO /l=larassmeRt Policy if the emp loyee belieYes ORe of these appointed officials ha s Yiolated that policy . With the authori:cation of the City Council, the Mayor 3 Dep a rtment Head s and Executiv e Emplovees. These Personnel Ru les cover the foll o \ving Depa nment H eads a nd Ex ecutive Empl oyees o f th e Ci ty. \\·ho sha ll be a ppo in te d a nd hired by t he C it v C o unc il as the a ppo intin g a uth o rit v: Chief of Police; Chi e f of the Fire Department; A udit Directo r: Tax Asse sor: Tax Colle ctor; Ass is tant Citv Clerk; Ass ista nt Chief of Police: tilities S uperintendent; Citv anager: Admini strative Ass istant; Planning Director: C itv Engineer; Purcha s ing Director; Senior S ervices Directo r: Public W o rks Directo r; Hum a n Re so urce Dire c tor ; Perso nnel Director ; M a in ten a nce Directo r; Building Offici a l ; Recreation /Youth Director; Revenue Director; Finance Director; Manager of Bu s iness Accounts; Gol f Director and Superintendents of all Utility Departments, not limited to Gas, Water, S ewer, Electricity . T he Citv Counc il mav req ue st t he M ayor to ass ist in recruiting a nd recommendin g ap pli cant s fo i· these empl ovmen t posit io ns. The Ci ty Co unci l has dele ga ted to the Mayo r the a uth orit y to di scipline and di smi ss t hese D e pa rtment Head s a nd Executi \·e Empl ovees s ubj ect to th ese Perso nne l Rules . pro vide d th ese e m pl ovees d o no t hav e a cce ss to the Grieva nce Procedure in ECTIO 9.04 of the Perso nn el Rules. In lieu o f access to the g rie va nce p rocedure . a di s mi ssa l. a demo ti o n. o r a s us pe n s io n with o ut pav imp osed b v the Mayo r sha ll be s u b ject to th e e mpl oyee s · a ppea l to t he C itv Coun c il within te n ( I 0) dav s a fter th e e mpl ovee rec ei ves writt en no tice of the M ayo r's fin a l d ecis io n o n s uch ad verse e mpl o vment a cti o ns . On a ppeal. th e C itv Co uncil mav. in it s so le di scret io n. approv e. re scind o r modify the Mayo r's dec is io n bv m a jo ri tv vo te o f th e itv C o u nc il. S pecia l Appointed Officials. The fo ll owing S peci a l A ppointed Official s a re not c overe d under th ese Pe rsonnel Rules : The Citv A ttorney, the C ity Pro secutor a nd th e C ity Judge. T hes e offici a ls a re appo inted bv the C itv C o uncil upo n the reco mm e nd ati o n of th e Marnr fo r a s pecified term and m ay be d ismi ssed durin g their te rm at a ny tim e in th e di scretio n o f the Co un c il bv m a jo ritv vo te. T he C itv Coun c il. upo n th e re comm e nd a ti o n o f th e M avo r. m ay appo int a Specia l Prosecutor o r a n Actin g Ju dge o n a case-by-case bas is if, in th e j ud g m e nt o f th e Mayor, j u sti ce req uires s uc h a s pecia l a p poi ntm e nt. The S pec ia l P rosecuto r o r Actin g J udge 5ef-\'eserves o nl y fo r th e pa rti c ul a r c a se for w hi c h he o r she is a ppo inted . T hese a pp o inted offi e ial sSpec ia l A ppo inted Offici a ls a re no t covered unde r these P erso nne l R ules. T he Citv w ill ta ke prompt a nd effecti ve re med ia l or co rre ctive act io n if the se Specia l Appo inte d Offi c ials vi o late the C ity's "Equ a l Empl oymen t Oppo rtunitv/Ha ra ss mcnt Po li cy ... Empl oye es mu st use the Co m pla int Procedure in th e EEO /Harassment Po li cy if th e e mplovee be lieves o ne o f th ese Sp eci a l A ppo int e d O ffic ia ls ha s v io la ted th a t po li cv . R egul a r Full -Tim e Em pl oyees a re covered by th ese Pe rsonnel Rules . Re gular Full - T im e Emp lovee s are e li g ib le fo r a ll empl ovment be nefits p rov id ed b v the Citv . Pro batio nary e mpl oyees are covered under th ese Personnel Rules--f¼fta . These e mpl o yees a re eli g ibl e fo r hea lth a nd disa bili ty in s ura nce be ne fit s~ after the required waitin g peri o d , but a re no t e lig ibl e fo r oth e r empl oym e nt be ne fit s a nd do not ha ve access to th e Grievan ce P ro c e dure in Secti o n 9 .0 4. 4 Temporary an d part-time employees, are covered by these Personne l Ru les,i3'd( These e mpl ovees are not eligible for employment ben efits, (i nc lu ding health a nd disabi li ty insura nce, paid ho lidays a nd vacation), and do not have access to the Grievan ce P rocedure in Section 9 , Paragraph 9 .04. Independent contractors and volunteer workers , in c ludin g vo lunteer me mbers of City boards and committees a re not covered by t hese Pers onn e l Ru les. _However the City will take prompt and effective corrective or re media l act io n if an independent co ntractor o r vo lunteer v iolates the City 's "Equa l E mpl oym e nt Opportunity/Harass ment Policy'· o r e ngages in eo ndu et that would ,·io la t e rules of eon du e t o r behavior appli eab le to City e mpl oyees.2 1.06 DEFI ITIO S Elected Officials: T he Mayo r a nd membersMembers of the City Council. A ppointed Officials: City C lerk-;-a nd C it y Treas ure r,, Department Heads and Executive Emp lovees: Department Heads include t hose emp loyees who are re sponsible fo r m anaging the operations of one or more C it y departments . Superintendents and D irectors are Department Heads. Under t hese Perso nn el Rules. the Mayor sha ll be deemed the Department Head fo r a ll o ther Department H eads . Executive Emp lo yees a re th ose responsible fo r ma nageme nt a nd adm ini stration of City business a nd operations. ge nerallv under the direction of a Department Head. D epartmen t Heads a nd Executi ve Employees include the follow in g employees: Chief of Po li ce-Gfl.i.e.f;: Chief of the F ir e D epartment: A ud it Director: Tax Assessor: Tax Co ll ector : Ass i tant C it v Clerk: Ass istant Chief of P o li ce: Ut iliti es Superintendent: C itv Manager: A dmini strati ve Assistant: Planning Director; City Engi neer: Purc has ing Director: Se nior Services Director; Public Works Director; Human R esource Director: Perso nnel Directo r: Maintenance Director: B uilding Offic ia l: Recreation/Youth Director: Revenue Direc tor: Fin a nce Director: Manager of Business Accounts: Golf Director an d Superintendents of all Utility Departments. not limited to Gas. Wat e r. Sewer. E lectric ity . S pecial Appo inted Officials: C ity Attorney, City Judge, the Uti li t ies Supe rintendentCity Prosecuto r, and a ny Specia l Pro secutor o r Actin g Judge. Regular Full-time Employee: An employee who has sueeessfully eompleted his/her new hi re or re hire probationary period, and c lass i fied as regular ful l-t ime at the time of hire and w ho is regularlysuccessfu ll y co m pletes hi s/her new hire o r re-hire probation a ry perio d . Reg ul a r f ull-time emp loyees ge ne ra ll y are sched ul ed to work a minimum of 40 ho urs a week. ho ur workweek. Regul ar full-time employees a re eligi ble for a ll City benefits . Part-time Employee: An emp loyee classified as part-time at the time of hire w ho has successfu ll y completed his/her new hire o r re-hire probati o nary period , and who is regu larly. Part-tim e emp lovees ge nera ll y a re sc hed ul ed to work less than 20 ho urs Qr less per week._ R egul ar part-time employees a re no t e li gi ble for any C it y benefits other than th ose required by law . Rec lassification fro m part -time to regul ar full -t ime 5 employm e nt status requires approva l of th e Mavor a nd w ritt en notification of the c h ange to the Directo r of l lum an Reso urces. Probationary Employee: An employee who has not yet completed his o r her 6 -m onth entry probationary period . I lowe \·er. proba ti ona l)' ( 12 m onths fo r Police De pa1tm en t Personnel). Probati o nary employees w ho have completed 90 days of continuous employment a nd who are hi red for regular, full -time emplO\ ment p ositions are eligible for employeegroup he a lth in s urance benefits . Probati onary employees. but are not eligible for any other City benefits other than those required by law. Temporary Employee: An employee who is employed in a job of limited duration . Temporary employees generally are hired to cover peak workloads, special proj ects, or emergencies. _Temporary emp loyees are not eligible fo r a ny C it y benefits other than those required by law . Department Head: /\n employee who is respon sible KJr managing the operations of one or n~ore City departments. Superintendents and Directo rs are Department Heads. Department Heads are cm·ered by these Pers 01111el Rules, but are subject to dismissal by the Mayor in hi s/her so le discretion and do not have access to the Grievance Procedure under Section 9.04 of these Pers01111el Rliles. S up erv iso r: An employee who has the responsibility to direct the daily work of o ther employees or who exercises any other supervisory authority over employees. Exempt Employee: Employees w ho are p aid o n a sa lary basis, a nd who perform duti es that are exempt from the overti me pay requirements under federal wage-h our laws. 1on-Exempt Employee: Employees w ho are paid on an hourl y bas is and who are eligible for overtime pay under federal wage-hour laws. Immediate Family: The employee's parents, spouse and dependent children. Exte nded Family: The employee's non-dependent ch ildren , stepchi ldre n, siblings, mother-o r-father-in-l aw, grandparents, grandchildren , a nd relati ves who live in the ho usehold of the employee . Other Family: Aunts, uncles, ni eces and nephews. 6 SECTION 2-EMPLOYMENT POLICIES AND PRACTICES. 2.01 0 -DISCRJMINA TION I CITY PROGRAMS. o perso n w ho meets th e e li gibility re quireme nts fo r a program , ac ti v ity o r se rvice provi d ed by th e C ity of Fa irho pe s hall be subj ecte d to d iscri m inati on und e r s uc h program , acti v ity or se rv ice beca use of hi s o r he r race, colo r, re li g ion, sex , nati o na l origi n, age, c iti zenship or disabi lit y. _ T he C ity ex pects its e mpl oye es to ass ist m fu lfillin g thi s co mmitm ent. 2.02 EQUAL EMPLOYME T OPPORTUNITY/HARASSME T POLICY The City is committed to e qu a l emp loyment oppo1tunity fo r a ll qu a li fied person s. _We recogni ze and a ppre ci ate each e mplo ye e's wo rk a nd contribu t io n to o ur success ._ We be li e ve that o ur empl oyees a re e ntitl ed to be tr eated fairl y a nd w ith respect. Thi s po licy a ppli es to a ll pe rsonn e l, including e lec te d a nd ap po inted offici a ls, regu lar fu ll-tim e, pa rt-tim e , te m po ra ry, o r probati onary e mpl oyees, a nd vo luntee rs. We prov id e equ a l opportuni ty a nd equal treatm e nt in a ll as pects of empl oy me nt to a ll e mp loyee s a nd to a ll a ppli cants fo r e mpl oy me nt w ith o ut regard to their race, co lor, re li g ion, sex, (including pregnancy, c h ildbi rt h a nd re lated me di ca l co nditi o n s), nati o na l o ri g in , age ( 40 a nd over), citi zenship , ph ys ica l o r me nt a l di sa bility, o r military obli gati o ns. _ We w ill make reaso na bl e a ccomm o d a ti o ns to en s ure e qu a l e mp loyme nt o pp o1tuniti es fo r qu a lified di sabl ed indi v idu a ls ._ A di sabled individual is qu a lified for a j o b if he o r she c an , with o r witho ut reasona ble a ccommodation , pe rform the essenti a l j o b duti es~ w itho ut po s ing a s ig nificant threat to th e healt h o r safety of the indiv id ua l of o thers. All e mpl oy m e nt d ec isio ns affectin g all term s a nd conditi o ns of e mpl oym ent, in c ludin g hirin g, j o b ass ign m e nt s, pro moti ons and de moti o ns , pay a nd ben efi ts d isc ipline a nd di smi ssal wi ll compl y w ith th e City 's commitm e nt to equ a l e mpl oyme nt o pp ortuni ty a nd treatm ent. We expect a ll e mpl oyees, in c ludin g all s up erv isors and ma nagers, to res pect th e fee lin gs o f fe ll ow e mpl oyees, a nd to treat fe ll ow e m p loyees in a co urteo us a nd p rofess ion a l mann e r._ We w ill not to lerate a ny fo rm o f harass ment of our e mpl oyees . Pro hibited ha rassme nt inc lud es an y hostil e , intimidating, offensive , in s ultin g, de meaning, profane or vul gar words or conduct. _S p e cifi ca ll y fo rbidden is hara ss ment because o f a pe rson 's sex, race, color, nati o na l o ri gin , re li g ion, age o r di sability . Examples o f prohibited co ndu ct in c lude : • Offe nsive, in s ult ing or de meanin g rema rks , gestur es , j okes, pranks, s lurs and graffi ti a bo ut a pe rso n 's sex, ra c e, co lo r, nat io na l o ri g in , re li g ion, age o r di sa bili ty. • Offe nsive, in sul t in g o r de meanin g pi cture s , cartoons, e-mail s, e tc. a bo ut a pe rso n 's sex, ra ce , co lo r, national o ri gin , re li g io n, age o r di sa bili ty . • Statem e nts or co mm e nts th at re fl ect deroga tory o r unfa vorab le ste reotyp es based on a perso n 's sex, ra ce, color, nati o na l ori g in , re li g ion, age or di sability . • D e partm e nt He a ds ', ma nagers' o r s upervi sors' use of threate ning, intimid a tin g, de mea nin g o r in s ultin g words or a ctio ns in d ealin g with e mpl oy ees und e r th e ir 7 supervision, particularly any derogatory or demeaning comments about an employee or about a n employee's job performance related to the employee's sex, race, co lor, national origin, religion , age or disability. Harassment of our employees is forbidden and wi ll re s ult in di sci plinary action , up to an d including dismissal. We maintain a professional workp lace that is free from sexua l harassment. Department Heads and Exec utive Emplovees. ma nagers and s upervisors shall not threaten or insinuate that an employee's refusal to submit to sex ual advances or any other form of sexua l harassme nt w ill a dversely affect the employee's conti nu ed employment, pay, benefits, working cond iti ons or job opportunities._ Similarly, Department H eads and Executive Employees, managers and supervisors sha ll not state or imply that submission to sexual advances or any other form of sex ual harassment will in any way enhance an employee's employment opportunities, hours pay, benefits or any other terms or conditions of employment. o Department Head. Executive Emplovee, manager, superviso r or other City representative has autho rit y to take any adverse action against an employee, including dismissal, demotion , or reducin g the employee 's work hours, benefits or pay, because the emp loyee refuses to submit to sex ual advances or any other +1-'effiform of sexual harass ment._ Similarly, no Department Head. • xecutive Empl ov ee, manager, supervisor or other Ci ty representative has a ny aut hority to give preferenti a l treatment because the employee does submit to sex ua l advances o r any other ffemform of sexual harass ment._ Any employment decision that violates thi s policy is vo id and will be corrected under the comp laint procedures described below. Any verbal or physical conduct of a sex ual nature that could contribute to a hostile or offe nsive workplace for any employee, whether committed by a Department Head, Executive Empl ovee, manager, a supervisor, an emp loyee or any other person (including a contractor or customer), is prohibited._ Examples of prohibited conduct include: • Use of profane or vulgar language; • Unwelcome sex ua l flirtations, sexua l advances or sexua l propositions; • Sexuall y-oriented or suggestive jokes or comments; • Sexuall y degrading words, including sexual slang, used to describe any person; • Physical contact of a sexual nature, including unwelcome or inappropriate touching, pinching, patting, grabbing or huggin g; • The displa y in the workplace of sexually oriented or sug gestive pictures o r objects; • Sexuall y suggestive or vulgar graffiti, including words and drawings ; • A supervisor 's or manager's comments suggesting that an employee will suffer employment conseq uences, such as demotion , dismissal or denial of a pay raise, if he or s he does not agree to sexual demands or if he or she complains a bout offens ive sex ua l behavior or a ny ot her for m of harassment; • Comments suggesting that a n employee wi ll receive favorable employment treatment in exchange of sexual favo rs; 8 • Use of e-mai l or accessing Internet web sites in a ma nner that would violate this policy. Complaint Procedure. Yo u must report any incident ofalleged discrimination o r harassment or any other violation of our EEO/Harassm ent Policy directly to our Equa l Em ployment Opportunity (EEO) Officer, the Human Re sources Director._ All Department Heads, manage rs and supervisors have a responsibility to prevent harassment and to stop it if it occurs . _However, to ensure that the City can promptly investigate and, if appropriate take prompt and effective action, it is essential that you promptly notify our Director of Human Resources, who is the C it y's designated EEO Officer (919- ~990-2892). Reporting it to your supervisor, manager or Department Head is not sufficient._ If your complaint is against or otherwise involves our EEO Officer, or if for any other reason you do not believe our EEO Officer can fairly receive your complaint, yo u must report any incident of harassment or other violation of our EEO/Harassment policy directly to the Genera l Superintendent (telephone 990-0171) or to the Mayor (telephone 928-2136). All Department Heads, Executive Emplovees. managers a nd sup ervisors have a responsib ility to enforce our EEO/Harassment Policy._ Our Department Heads ' a nd Exec uti ve Empl oyees', managers' a nd supervisors' responsibili ty includes immediately stopping harassment that is observed or reported , and reporting any violations directly to the EEO Officer._ Failure to do so may result in disciplinary action, which may include di smi ssal. The EEO Officer (or a person designated by the Genera l Superintendent or the Mayor if the complaint inYOIYes the EEO Officer) will thorou g hl y investigate all complaints. The emp loyee will be required to prepare a written report detailing the alleged harassment or any other vio lation of our Policy, and to s ign the report._ To the extent practic able, the investigati o n will be confidentia l with due regard for the sensitive nature of s uch comp laints._ If, after completing o ur investigation , the C ity determines that a complaint is valid, the City w ill take prompt a nd a ppro priate corrective actio n, including disciplinary action against the person or persons engaging in such cond uct. Depending upon the severity of the vio lation of our Policy appropriate discipline may be dismissa l. We en co urage yo u to come forward if you have a complaint a nd we assure yo u that no adverse action wi ll be taken o r a llowed against any employee w ho in good faith reports harass ment or any other v iolation of our EEO Poli cy. 2.03 RECRUITME TA D SELECTION The City hires and promotes applicants and employees with the best qualifications for avai lable jobs. _Both initial employment with the City and promotions are based upon merit, including ed uc ation, experience, ski ll s, effort, attendance, cooperation, job performance and disciplin ary records._ The Mayor or his/her designeeappoi ntin g authorit v fo r the position mu st approve all hirin g and promotion decisions~ for the position. Recruitment 9 If a position becomes available or if a new position is created, the Department Head will prepare and submit a written request to fill the position to the Human Resources Director. _ The Mayo r must approve the request before the position is posted on employee bulletin boards and/or adverti sed._ Positions wi-1-t-ge nerally w ill be posted and/or advertised for a minimum of one (1) week. Employment Applications Employment applications are accepted on ly for availab le positions . _A ll applications must be fully completed, signed an d dated by the applicant to be considered. Applications must be comp leted by the applicant at the personnel office in City Hall. Resumes may be subm itted in ad diti o n to the app li catio n, but a completed appli cat ion will be required. _Any applicant providing fa lse, misleading or incomplete information , is subject to immediate disqualification , or dismissal if a lready hired. Age and Educationa l Requirements Applicants for regulara full-time positions must be at least eighteen years old~ lml51:. Applicants mav be required to be a high school graduate or possess a GEDa___QI to possess a specified college degree o r special training and experience depending upon the position. Applicants for certain temporary, seasona l positions, such as lifeguard, are eligible fo r employment if they are at least I 5 years of age and provide the City with proper work permits. Drivers' License Requirements If the position involves driving a City vehicle, the app li can t will be required to present and maintain a valid A labama driver's license with any necessary endorsements. _ The City checks applicantsapplicants· and employees' driving records. A n applicant with a driving record unacceptable to the Ci ty or the City's vehicle insurance carrier will not be hired. An employee with an unacceptable driving record will be dismissed . The employee is required to report pro mptl y to the Human Resources Director if the employee is involved in an automobile accident, if the employee is convicted of or pleads guilty to any cri min a l offense related to the operation of a motor vehicle (including a traffic citation) or if the employee is involved in any incident that could result in the s uspension o r forfeiture of the employee's dri ver's li cense or that cou ld adverse ly affect the emp loyee's insurability und er the C it y 's insurance policies. U.S. Immigration Laws The City hires only United States citizens and non-citizens who are eligible to work in the United States under U.S. immigration laws. _As a condition of employment, each person offered a job is required to compl ete and sign a Department of Homeland Security Form 1-9 , and within three davs of the hire da te must submit original approved document(s) to verify the individual 's identity and legal eligibility to work in the United States. Residency Requirements Residency within the City po li ce jurisdiction generall y is not a condition employment. However, residency with in the police jurisdiction is required for positions that require 10 "on-call " statu s a nd for positions for which a C ity-owned, take-h o m e vehi c le is provided (e.g., po li ce officers~1 Drugs and Tobacco The City of Fai rhope is a dru g -free a nd tobacco-free work p lace . App lic a nts who a re offered employme nt with the City wi ll be tested for con tro ll ed s ubstances as pro vid e d in the City's Substance Abu se P o licy a nd Pro gram ._ A n a pplicant w ho tests positive fo r contro ll e d s ub stan ces is ineli g ibl e fo r em pl oy ment. Co nditional Offer of Employment Offers of e mpl oy ment are conditioned upon the res ults of the fo ll owin g : 1. Backgro und investigation 2. Criminal record review 3. Drivi ng record review 4. Post-offer drug te st +._i,P ost-offer medical exami nati o n 5. Post offe r drug test Information o bta in e d in the background investigation , crimin a l ~and dri v in g histefyrecord reviews may di sq ualify an app li cant from employment w ith th e C ity. The re sults of the po st-offer medical examination may di squalify an applicant from emplo yme nt if the indi vidu a l is unable to pe rform the essentia l j o b duties of the particular j o b w ith o r without reasonab le accomm o d ation~ and with po s in!Z a direct threat to the health o r safetv of th e ind iv idual or others. If di squ alified from e mployment, the conditi o nal offe r of employment w ill be withdrawn. Background Investigation s The C it y ma y condu ct background in vesti gatio ns on app licants for employ me nt. Appli cants and e mpl oyees who have un superv ised access to ch ildre n o r deve lopmentall y di sabl ed adults are require d to complete a disclos ur e statement th at mu st be ver ifi e d by appropri ate agencies, a nd may be s ubject to aadditio na l backgro und in vesti gati o n._ App lica nt s or employees may be disqualifi ed or di smi ssed fro m employment as a res ult of background c heck s. To the extent required. the C it v will comply with the Fai r Credit Reporting Act. Job-Related Tests The City may require pre-empl oy ment, job-rel ated te sts to evalu ate the appl icant's qualificatio ns and a bilities. _ T he C it y m ay contract with a n a ppropriate agency or individu a l to prepare and/or administer th e test. Post-Offer Medical Examination After a conditiona l offer of employ ment has been m ade a nd before o f th e ap plica nt begi ns work, the City req uires a pplicants for re g ul a r full-time positions to und ergo a medica l examination , and a test for controll ed s ub sta nces. _The purpose of the me dica l examinati o n is to d ete rm ine if the individual is a bl e to perfo rm the essenti a l functio ns 11 of the job, with or without reasonable accommodation, and without pos ing a direct threat to the health or safety of the applieantindividual or other employees or the public. Knowingly providing fa lse, misleading or materially incomplete information during the medical examination process is a ground for withdrawal of the conditional job offer or dismissa l from employment if discovered after the employee begins work . Te mpora ry E mplo ye es With the approval of the Mayor, temporary employees may be hired to meet the City's needs. Temporary employees m ust sig n a "Temporary Employee Agreement." Temporary employees are not eligib le for retirement, vacation, sick leave, health insurance, holidays or other employmen t benefits, (other than those req uired by law ,) during their employment. Vo lunt eers With the approval of the Mayor, Department Heads may seek volunteers to assist in City program s/services. All volunteers must complete a City volunteer application form . A regular City employee or a designated volunteer supervisor will supervise volunteers. Volunteers are prohibited from driving any City vehicles. Volunteers are not paid by the City and are not covered under these Personnel Rules. Volunteers may be removed from service at any time in the sole discretion of the City. Community S ervice Workers and Other Court Referred Indi v idu a ls The City may accept individuals who are referred by the courts to perform community serv ice jobs for the City. These individua ls are not City employees and are not covered under these Personnel Ru les. Sta te or M unicip a l Inm a te s The City may use state work-release inmates and/or municipal jail trustees to assist in prov iding City services . The Chief of Police, or his or her de s ignee, will direct and supervise the activities of these persons. A regular, full -time, City employee will supervise all inmates or trustees. These individuals are not City emplo yees and are not covered under these Personnel Ru les. 2.04 PROBAT IO NA RY PERIOD With the eiwepti o n o f the Po li ce Department, empl o1·ee sEmpl ovees selected for a job, including new hires and rehires (entry probation), promotions and transfers, must successfully complete a six month probationary period, which is an integral part of the selection and evaluation process. This probationary or trial period provides the employee an opportunity to demonstrate his/her s uitability for the position and provides the City an opportunity to evalu ate the employee's ability to perform the job. Empl o yees in th e ir enh y•During the probationary period, (--Probati onary Empl o yees .. )empl ovees hired fo r re1rular full-time empl oyment are eligible for health and disability insurance and retirement benefits after co m pleting the required 90 -day waiting period for these benefits, but are not eligib le for any other City benefitss until suc c e ssful co mpleti on of the pro ba ti o nary period . New emp loyees wit h current Blue 12 Cross and Blue Shi e ld coverage wi-l-l---beare eligible for coverage under the City's group health insuran ce plan beginning on the I st day of the first month following employment. Probationary Employees do not have access to the Grievance Procedures in Section 9 .04 of these Personne l Rules. However, probationary employees are covered by the Equal Employment Opportunity/Harassment Policy, and do have access to the Complaint Procedure under that policy. The City ma y extend the s ix-month probationary peri o d if deemed necessa ry to properl y evalu ate the employee's performance. _ The probationary period will not extend beyond twelve mo nth s. During th e probationary pe ri o d , the employee 's s up ervisor a nd/or Department Head wi ll prepare one or more written performance eva lu ations. _The eva lu ation wi ll be reviewed with the employee, w ho is required to sign the evaluation to acknowledge that it has been reviewed with the employee._ The Mayor o r hi s/h er de s ignee will review the performance evaluation._ Employees fai lin g to satisfactoril y complete their probationary period , includin g fa ilure to obtain required certifications and/or li censes, w ill be dismi ssed . New employees in the Po lice Department, including tran sfers a nd re hire s in the Police Department, must successfully complete a twel ve -month probati o nary period . 2.05 EMPLOYMENT OF RELA TTVES (NEPOTISM) The spouse of the Mayo r, a City Council member or a current City Department Head wi ll not be hired for any position with the City. The spou se of a.i!ill:'. City employee will not be hired to work in th e same department as his or her spo use. Immediate and ei.,end ed family members£,tended Fa milv Me mbers of current City em ployees and City Council members generally wil l not be employed by the City (and a c urrent employee generally will not be promoted or assign ed to a new job w ith the City) if, in the judgment of the Mayor, I . One party would ha ve authori ty to s upervi se , ass ign , promote, demote, discipline or di smi ss the other. 2 . One party wou ld ha ve authori zed access to confidential information that potentiall y provides unauthorized access to the othe r. 3. One party wou ld be re spo nsible for auditing or evaluating the work of the other. 4 . Other ci rcumsta nces that may create a potential conflict of interest or that are not in the best interest of the City. Change in Circumstances: If two emp loyees become immediate or extended fa mil y through marriage during employment and if, in the Mayor's judgment, one of the foregoing circumstances exist, one of th e employees w ill be offered a transfer to a vacant job if one is available. The City will se lect the employee fo r transfer based on the ne eds of the C it y. qualifications, experience and length of service w ith the City. 13 If a job is not avai lab le , the emp loyees will be notified that they have 30 days to decide which employee will resign. If the employees cannot decide, the City will retain the most senior e mpl oyee and dismiss the less senior employee. 2.06 EMPLOYEES OF OTHER AGE CIES Employees of agencies or entities that provide services to the City of Fairhope shall not be considered emp loyees of the City for any purpose, even if such employees are supervised or assigned work by City personnel. 2.07 RE-EMPLOYMENT OF FORMER EMPLOYEES If a former employee applies , he or she wi ll be evaluated based on past job performance and work record, the circumstances surrou ndin g termination of previous employment and the former employee's qualifications fo r the new position. Generally, the City will not rehire former employees who were dismissed for misconduct or unsatisfactory job performance. Former employees rehired by the City will be treated as new employees for all purposes , except that any service credit in the Retirement Systems of Alabama will be maintained in accordance with RSA rules. 2.08 EMPLOYEE PERSONNEL RECORDS A D PRIVACY The Human Resources Director at City Hall maintains a personnel file for each employee under the custody of the City Clerk, as Custodian of Records. Personnel File Contents Personnel files generally include the following information: I. Application for employment and related hiring documents suc h as resumes , educational transcripts and employment references . 2. Employee 's job title department and position , and a record of any job changes. 3. Personal information changes, required for state and federal income tax withholding, etc. 4. Performance documents, inc ludin g performance eva lu ations. 5. Current job description. 6. Other documents related to employment, such as appreciation letters, training records , employment contracts, (if any ,) corrective action reports, disciplinary reports, and other personnel actions. Medical/1-9/Workers Compensation Files All medical records are maintained in a separate medica l records file with access limited to those allowed access by law . Department of Homeland Security 1-9 forms and supporting documents are maintained in a separate file. Workers Compensation records a re maintained in a separate confid e nti a l medical records file. Access to Personnel Files 14 Emp lo yees a re permitted reaso n ab le access to review their personnel files, inc luding medical files , during regular City Hall business ho urs. Employees wi ll not be a ll owed to copy an y portion of the file, except as required by law. _Specific information may be released to the emp loyee or to a third party if the e m ployee provi d es a written a nd signed con sent to such disclosure. Employees shou ld prov ide 24-h o ur prior notice of a request to review their file. Employees must review the file during the emp loyee's non-work hours. Otherwise, emplo)·eeEmplovee personn el files a re confid ential. Exce pt fo r verification of employm e nt, job titl e and inclusive dates of e mployment, informat ion wi ll not be released except as re quired by !awe. including A labama 's public records disclos ur e law. No information from an emplo yee's personnel or medical files w ill be released without a written req uest filed with the City C le rk describing the specific information requested. Emp lo yme nt References and Em plo yee Information Reque sts If an employee wish es the City to veri fy in formatio n requested by o uts id e sources fo r credit or oth e r purposes, the req ue st mu st be directed to the Human R esources Director, who is the o nl y City employee authorized to respond to such requests (unl ess otherwi se directed in writing ·by the Mayor). The Hum an Resources Director will provide e mpl oym e nt in formation o n c urre nt o r former emp loyees as follows: Ve rbal Request to Verify Employment : The Director wi ll only verify that a n individua l is or is not employed , and the position and dates of employ m ent. No oth e r information will be provided. Written Inquiries to Verify Sa lary Inform ation : If the request for information is in writing, salary information w ill be verified only if accompanied by an authorization and release form signed by the employee . T hi s verification will be in writin g and a copy retained in the employee's file. Genera ll y, the C ity d oes not give employment references on em pl oyees or former employees. NeNo E lected o r Appoi nt e d Official. Department Head, superv isor o r other City e mpl oyee or representative is a uth orized to g ive an employ m e nt reference on b eh a lf of t he City or to release any oth er in formation abo ut a n employee's employment with the City except as stated in this po li cy. 2.09 CLASSIFIC ATI O NS A D RECLASSIFICATIONS Subject to approval by the Mayor and C it y Cou n ci l the Human Resources Director will develop and impl ement a c lassification system for all position s based on job duties and responsibilities of each job, and wil l develop and estab li sh pay rates a nd a pay range o r g rade for each job. A job m ay be rec lass ifi ed depending up o n c hanges in circumstances. Empl oyees may be reclassified from one job to another for promotion s, demotions, and latera l job ch anges. Generally. an emp loyee is required to complete successfully a six-month probationarv period in the new position (twelve months fo r Police D epartment Perso nn el). Promotions 15 The City encourages current employees to apply for vacant City positions for which they are qualified. Promotions and transfers are based on qualifications and documented performance. If, in the judgment of the Mayor or Department Head, the qualifications and documented performance are relatively equal , length of service wi ll be a factor in determining wltt€ttwh o is promoted. Promotion does not ensure continued employment in the new pos ition and there is no guarantee the emp loyee wi ll be a ll owed to return to his or her former position if the employee is unsuccessful in the new job. Emp loyees who are promoted are not eligible to apply for another job within the City for a period of twelve (12 ) months unless the Mayor approves the request. Lateral Reclassification Lateral job changes generall y do not include a pay increase._ An employee who requests and is granted a transfer is not eligible to app ly for another transfer within the City for a period of twelve (12 ) months unl ess the Mayor approves the request. Demotion A "demotion " is a change from one pos1t1on to a pos1t1on in a lower pay grade . Emp loyees may be demoted based upori job performance or for disciplinary reasons, or based upon the needs of the City ._ If an emplo yee is demoted, the Mayor wi ll determine whether a pay reduction is appropriate and, if so , the amount~ (s ubj ect to a n a ppeal to the Citv Co uncil if the C ity Council is the emplovee·s ap po inting a uth o rit v). 16 SECTION 3 -HOURS OF WORK AND ATTENDANCE 3 .01 HOURS OF WORK The C ity's reg ular work sc hedul e for th e Publi c Ut il ity and Public Works De pa rtm ent s, in c ludin g th e Plann ing and Buildin g Departme nt, is Mond ay throu gh Fri day fr om 7:00 AM to 4 :0 0 PM. _(E mpl oyees in simi lar posi ti ons, such as Recreat io n, also ha ve thi s regu lar wo rk sc hedul e.) Th e regu lar wo rk sc hedul e fo r C it y Hall e mpl oyees (and emp loyees in pos iti ons similar to th ose at C ity Hall ,) is 8:00 A M to 5:00 PM. D iffere nt wo rk sch edul es (s u ch as fo ur , 10-h o ur days+,1 to meet j o b ass ig nm ents and to p rov id e necessary City se rvices may be establi shed by the D epartm ent Head with th e a pprova l of the Mayo r._ The De partm ent H ead is respo nsibl e fo r adv isin g th e empl oyee of hi s/her specific wo rkin g hours. A reg ul ar wo rk schedul e fo r reg ul ar, full-tim e emplo yees co n sists of fo rt y ho ur s each workweek. _P o l ice patro l offi cers and correcti on s officers wo rk a rotatin g shift schedul e co n sistin g of seven (7) 12-h our shifts durin g the establ is hed fo urteen (14 ) day work perio d . Part-time and temporary employees w ill work ho ur s as sc hedul ed by th eir D epartm ent Head . 3.02 RECORDING TIME WORKED A ll empl oyees mu st ac curate ly reco rd all hour s wo rk ed in the mann er prescrib ed by the C ity. _Emplo ye es fai ling to acc urately reco rd tim e are subj ect to di scipline . Em pl oyees may not reco rd anoth er emplo yee 's tim e. _E mp loyees sha ll not a lter o r fa lsify th e ir own or anoth er empl oyee's tim e reco rd._ V io lat ion of th ese rul es is a gro und fo r imm edi ate dis mi ssal. Exe mpt, salari ed empl oyees mu st submit a tim e sheet showi ng hour s wo rk ed and ut ilizati on of accru ed leave . 3.03 ATTENDANCE Good attend anc e is a mark of dependabili ty. Whil e personal c ircum stances , oft en beyo nd th e emplo yee's co ntrol , so metim es necess itate lost work tim e, ab se ntee ism and tardin ess mu st be kept to a minimum . "T ardin ess" in clud es reportin g fo r wo rk after th e sc heduled start in g ti me, leav in g work early, leav in g wo rk before th e schedu le d meal break or return ing to wo rk late fr om the mea l br ea k unless th e empl oyee has pri or app rova l of th e D e partm ent Head . Goo d attend ance is an esse nt ia l fun cti o n of each j o b . If an em p loyee cann ot re po rt fo r wo rk (in cludin g re portin g late or a n a bse nce), the empl oyee mu st noti fy hi s or her sup e rv iso r (o r the sup erv iso r's des ignee) befo re th e norm a l sta rtin g tim e, if practica bl e. If an emergency causes th e empl oyee to be late or a bse nt fo r work and th e em pl oyee is un a ble to noti fy his or her sup erv isor before the no rm al re portin g tim e, the e mplo ye e should co ntact th e sup erv iso r w ithin 30 minu tes after th e empl oyee 's regular startin g tim e . Th e em pl oyee sho uld adv is e th e s upervi so r of th e reason fo r th e absen ce or tardine ss and when the e mpl oyee ex pec ts to return to work . If an empl oyee is late or abse nt w ith out noti fy in g hi s or her sup e rviso r, the empl oyee is subject to 17 discipline as a "no call /no show." If an absence continues beyond one scheduled workday, the employee must report to the supervisor each scheduled work day as discussed above unless the employee has been instructed otherwise by his or her supervisor or the employee is on approved leave of absence of specified duration . An employee who is absent from work on three consecutive workdays without notifying his or her supervisor sha ll be considered to have abandoned his or her job and will be classified as a "voluntary quit." The employee's Department Head will determine whether an employee's stated reason for an absence is sufficient for an "excused" absence. The Department Head will maintain an attendance record for each employee in his or her department, which will include the reasons employees, give for missing work. Unexcused absenteeism or tardiness is a ground for discipline, including dismissal. Even excused absenteeism or tardiness, however, is a ground for discipline, including dismissal , if it beco mes excessive. Generally, an excused absence for a single reason (a five -day illness, for example) will be treated as a single excused absence. Approved leaves of absence, including Family & Medical Leave, military leave, and jury duty leave, will not be deemed absences and will not be considered in determining whether absenteeism is "excessive." An employee will be allowed five (5) unexcused absences each calendar year. An employee with more than five unexcused absences during a calendar year will be required to provide a doctor's statement for each absence for illness or injury during the remainder of the calendar year confirming the reason for the absence and the fact that the employee was unable to work in order for the absence to be excused. An employee who is absent for illness or injury in excess of three (3) consecutive workdays shall be required to provide a statement from a doctor to confirm the reason for the absence and the fact that the employee was unable to work . In determining whether an employee's absenteeism is "excessive" during any calendar year, the following guidelines apply : • Three episodes of tardiness are treated as one (I) unexc used absence; • Five unexcused absences shall result in a written disciplinary warning; • Six unexcused absences will result in an unpaid suspension. • Seven unexcused absences will result in dismissal. • Seven excused absences shall result in a written disciplinary warning; • Ten excused absences shall result in an unpaid suspension ; and, • Thirteen or more excused absences shall subject the employee to immediate dismissal. For the purpose of these guidelines, an "unexcused" absence shall also be counted as an "ex cused" absence in determining whether discipline will be imposed for excessive absenteeism. Each day of "unexcused" absence shall be deemed a separate unexcused absence. As stated above, a continuous excused absence for a single reason will be deemed a single absence for determining whether excused absenteeism is excess ive . 18 Also as stated above, an approved leave of absence, including approved Family & Med ia l Leave, military leave and jury duty, w ill not be considered absences und er this policy. During incl ement weather or natural disaster, the City must contin ue to provide vital public services. _Accordingly, emp lo yees mu st report to work if instructed to do so . Unless reporting to work as instructed wo uld endanger an employees ' personal safety, emp loyees who fail to report to work during or fol lowing an emergency are subject to disciplinary actio n up to and including dismissal. 3.04 BREAKS AND MEAL PERIODS Employees in the Public Utilities and Public Works departments receive one fifteen- minute break during the workday. _S up ervisors wi ll arrange the time of the break to ensure City business is not unduly interrupted._ Breaks cannot be combi ned with meal periods to extend the meal period , an d emp loyees may not leave early in li eu of taking their break. Meal periods are scheduled by the e mpl oyee's Department Head. _Schedu led meal periods may vary depending on department workloads._ Employees wi ll be completely relieved from duty during the sc hedu led m eal period, which shall be at least 30 minutes ._ Meal periods are unpaid unl ess th e Departm ent Head authori zes the emp loyee to work during the meal period. Emp loyees worki ng extra shifts or special events (parades for example) are expected to take at least a one-half hour unpaid meal period after their regu lar workday and before beginning the extra shift . 19 SECTION 4-WAGE AND SALARY ADMINISTRATION 4.01 JOB DESCRIPTIO S A job description is maintained for each pos1t1on describing the job duties, job responsibilities and the job qualifications. _T he job description wi ll state the pos iti on class, pay grade and pay range for the position. If a new position is created, the Department Head will submit a proposed job description to the Human Resources Director to faci litate the initial c lassification and recruitment for the position . _ Withi n 30 days afte r the position is filled , the Department Head will furnish a fi na l job description to the Human Resources Director for final approval. If the job duties and/or responsibilities of a position substantially change, the Department Head wi ll furnish a revised job description for approval. 4.02 SALARY CLASSIFICATION AND GRADES Each position within the City is classified into one of the City's job classifications for pay purposes based on job qualifications, responsibilities, working conditions, and the amount of supervision required for the specific job. 4.03 EMPLOYEE PAY RA TES Employees shall be paid a salary or wage rate within the range of the classification for the position. _Generally, new employees will start employment at the minimum rate in the pay range for the c lassification._ However, a new emp loyee may be employed at a higher rate if the employee's education, experience, train in g or qualifications merit. Pay increases are based on satisfactory job performance and avai labi li ty of funds. _If an employee's Department Head recom mends deferral of a pa y increase because the employee's performance is unsatisfactory, the Mayor or hi s/her designee may defer a scheduled pay increase for a specified time or until the emp loyee's job performance is satisfactory. From time to time, the City Cou nc il may approve a n across-the-board pay increase (generally, a cost of li v ing increase) of a specified percentage for all positions. 4.04 OVERTIME While each employee is assigned a regular work sched ul e each workweek, the demand for City services sometimes requires overtime work. _No n-exempt emp loyees may not work overtime unless a uth orized to do so by the Department Head. If an employee is schedu led to work overtim e, however, the employee is required to work the assigned hours. Non-Exempt Employees Except for police and corrections officers, non-exempt employees will be paid 1-1 /2 times their regular rate of pay for all ho urs worked in excess of 40 hours in a work week. Hours paid, but not worked, are not counted in computing overtime. For example , paid holidays , vacations and sick leave do not count in computi ng overtime pay. Employees are not a ll owed to take or accumulate compensatory time off in lieu of 20 overti me pay. Po lice and corrections officers are subj ect to special ove rtim e pay and com pensatory time rul es. Exempt Employees Exe mpt sa laried empl oyees, such as D epartment Heads, are paid for performin g speci fic jobs, not for the number of hour s worked . According ly, exempt salari ed employees are not paid extra for overtim e work . With prior approval of the Mayor, an exe mpt sa laried em ployee may be granted tim e off if particular assig nm ents req uir e sign ifi cant extra work . 4.05 SPECIAL PROVISIO NS FOR LAW ENFORCEMENT AN D CORRECTIONS OFFICERS The Police Department has an est abl ished fourtee n (14) day wo rk period for law enforcement and corrections officers. T he work period co nsists of seven (7), 12-ho ur shifts during the 14-d ay wo rk period. T hese officers are paid overti me pay at the rate of 1-1/2 times the empl oyees' regular rate for a ll hours worked in excess of 86 hour s in the 14-day work period. Law enforcement and corrections officers may requ est compensatory time off in li e u of overtim e pay . Co mp ensatory time wi ll be at the rate of 1-1/2 ho ur s for each hour of overtime worked . Maximum accrua l of co mp ensatory time shall be limited to eighty (80) ho ur s. After max imum accrual , overtim e co mpensation shall be paid . Employees may use compensatory time by submittin g a request to the Police Chi ef at least 7 days before the requested time off. The request will be granted unless doing so wo uld undul y di srupt City operations. Upo n termination of employment w ith the C ity , accrued compensatory time w ill be paid at the empl oyee 's th en current rate of pay. 4.06 ON-CALL EMPLOYEES Each week, certain Public Utility employees are pl aced on "on -call " status . Emplo yees on-call are the first to be ca lled to duty in an emerge nc y to perform City serv ices during non-bu siness hours. Emplo yees in o n ca ll status wi ll be paid at the overtim e rate for eight (8) ho ur s for each weeke nd day or ho lid ay the emp lo yee is "on -call ," and will be compe nsated as stated below if actua ll y call ed in for emergency duty on a weekday . 4.07 EMERGENCY CALL-I N A ll emp loyees are subj ect to be called-in to work during an emerge ncy or as otherwise needed by the Ci ty to provide essentia l services to the public . A refusa l to re spond to a call -i n is a gro und for di scipli ne , up to and including dismi ssal. Em ployees ca ll ed -in to duty wi ll be paid a minimum of two hours at their overti me rate, or wi ll be paid the actual number of hour s worked at their ove rtime rate if more than two hours . E mergency call-in pay is at the overtime rate even if the employee does not work in excess of 40 hours during the workweek . 21 4.08 SPECIAL EVENTS There are many special events in the City of Fairhope, (parades, Arts & Crafts, etc.,) throughout the year that require employees' work schedules to be adjusted to prepare for and complete the special events. Department Heads plan for these events and schedule employees to work accordingly. Employees working these events will be paid at their overtime rate ONLY if they work over forty (40) hours in the workweek (86 hours per work period for law enforcement and corrections officers,41 4.09 TRAVEL TIME An employee who is on official business for the City, an employee who is assigned to attend a training course related to the employee's job, or an employee who is assigned to attend a job-related conference or meeting authorized by the Mayor, will be paid his or her regular rate of pay for the time spent on the business assignment or attending the training course or meeting and for required travel time if the travel time significantly exceeds the employee's normal commute to and from work . 4.10 PAYDAY The C it y's regular workweek begins at 12:00 AM Monday morning and ends at midnight the following Sunday. Employees are paid every other Friday for the two workweeks ending at midnight the Sunday before each payday. In certain circumstances, such as a holiday falling on Friday, paychecks may be distributed early. In the event of un foreseen emergencies, the delivery of paychecks may be delayed. (The term "paychecks" includes payment by direct deposit.) The established 14-day work period for law enforcement and corrections officers begins at 6:00 AM on Monday and ends at 6:00 AM Monday, fourteen days later. 4.11 DEDUCTIO S FROM PAY The City will withhold from the employee's paycheck those deductions required by law (state and federal income taxes , FICA, garnishments, etc.) and any voluntary deductions authorized by the employee in writing and approved by the City. 4.12 TRAVEL EXPENSE REIMBURSEMENT Employees who are required to travel as part of their job must obtai n prior approval from the Mayor and must comply with City procedures for documenting travel-related expenses . City employees wi ll be reimbursed for reasonab le and customary expenses actually incurred while performing official City business in accordance with established City policy. 4.13 COMPENSATIO UPON SEPARATION FROM EMPLOYMENT Upon separation from employment with the City, the employee wi ll receive the following compensation on the next regu lar ly schedu led payday: I . Regular pay for al l hours worked up to the time of separation. 2. Employees who resign in good standing (i .e., give two weeks prior written notice,) or retire, and employees who are dismissed for reasons other than misconduct, will be paid accumulated but unused vacation. 22 3. Law enfo rcement and co rrecti ons offi cers wi ll be paid acc umul ated comp ensatory tim e . The C it y wi ll dedu ct from the empl oyee 's fin a l payc heck any amo unt owed to th e City. No empl oyee w ill rece ive hi s or her fi n al paycheck un ti l the employee return s Ci ty uni form s and equipm ent, includin g keys to ve hi c les , offices, pad locks , etc. In addi ti on , th e empl oyee 's superviso r mu st be in fo rm ed of any co mputer password s allow in g access to a ll databases and progra m s o n C ity computers. 23 SE CTION 5 -EVALUATION, TRAIN ING AND DEVELOPMENT 5.01 PERFO RMANCE EVALUATI O NS To achieve the City's goal of training, promoting and retaining the best-qualified employee for each job, the City has implemented an emp loyee performance evaluation program. Performance evaluations are maintained in the employee's personnel file and may be a factor in determining training needs, wage increases, promotions, transfers, layoffs, and dismissals. The Human Resources Director is responsib le for developing and monitoring the City's performance evaluation program. Each employee will be evaluated by his or her supervisor and Department Head prior to completion of the probationary period and at least once each 12 months thereafter. The evaluation will be reviewed with and must be signed by the employee to acknowledge the evaluation and review. The completed evaluation will be for.varded to the Human Resources Director for review. A copy of the employee's most recent performance evaluation must accompany any request for merit pay increase. If an employee disagrees with a performance evaluation , the employee may note such disagreement on the evaluation form and request to review the evaluation with his or her supervisor, Department Head or the Human Resources Director. 5.02 EM PLO YEE TRA IN ING The City recognizes the mutual benefits derived from professional development and enhancement of job skills, and encourages employees to pursue available training opportunities. Department Heads are expected (i) to develop the ski ll s of employees through in - service training, (ii) to identify outside training programs that may enhance job skills and to notify employees of these programs, and (iii) to make recommendations on whether the City should provide financial assistance for employees to attend these programs. With the recommendation of the Department Head and approval of the Mayor or his/her designee, the City may provide partia l or full payment for training workshops and seminars that are directly related to City employment, including the training necessary to obtain or maintain required licenses or certifications. Whether training time is paid or unpaid depends on the nature of the training, the needs of the City and the availability of funds. 5.03 E D CA TIO AL ASS IST A CE PROG RAM The City has established an educational assistance program to provide employees with the opportunity to enhance their job knowledge and skills, and to earn uAdergraduale aooan as soci ate. bachelors or an advanced degreesdegree that are~ re lated to their work ._ To qualify for educational assistance, the educational program must be directly related to the employee's current job or a n identifiab le career path within the City. Classes must not interfere with an employee's norma l work schedule and the time spent in such classes is not compensable work time ._ Educational assistance is not available for more than two classes per semester/quarter. 24 Eligibility Regular full-time e mpl oyees w ho ha ve completed one full year of co ntinu o us emplo yment are e li g ibl e to apply fo r the educationa l assistance program. Covered Expenses The program covers th e cost of tuition---eests, examin ation fees, required la boratory fees and requi red co urse books fo r approved courses at an acc red ited in st ituti o n . Travel, parking, lodgin g and m,traneouso ther fees and expenses are not covered . _The employee mu st present supporting documentation to establ ish the empl oyee h as incurred eo¥ered e:(penses. The City will payand paid covered expenses on behalf of for a n approved course. The City will reimburse th e employee as a pay advanee eonditioned uponfor covered expenses if the e mpl oyee satisfyingsa ti sfies a ll program requ i re m e n ts. Grade Requirements To be eligible for educational assistance, the employee must achieve a grade "C" or better on covered coursework. _If the course is graded with "Pass" or "Fail-"~ the employee must "pass" the course. _If an employee receives a grade less than "c;: (or "fail.;-):), the employee will not be required to reimburse the Cityeligible for &l+-reimburse ment of the covered expenses advaneed by the City for that eourse, (t uition, fees, books, ete.) Employees . T he emplovee must submit a copy of thei-Fhis or her grade tran script to the C ity CICJ k within one week of receipt of grades to confirm co mpli ance. #-t-he--t!mployee eomplies with-these-requirements, the pay advance will be deemed edueati onal assistanee and tl1~loyee \Viii not be required to repay the City for the educational assistance.~ ("~l,.Y'tY" Educational Assistance Loan Agreement If th e ed ucati o na l pro gram is a co urse of stud y +nfil a co ll ege or uni vers it y, lea din g to an assoc iate, bache lors or advanced de gree, the emplo yee will be require d to e nt er into a written edueational assistanee loan agreementEducational Ass istance Loan Agreement w ith the C ity._ The agreeme nt wi ll commit the employee to a minimum of two (2) years of se n 1ice with the C ityJ.llfollow ing completion of th e last quarter or semester of the educati onal program": or (2) (ollmring the last date Emp lovee receires reimbursement for corered expenses if Emplovee does n ot co mplete the degree program. If fo r a ny reason, oth er th an death o r di sabi lity, the e mpl oyee does not contin ue empl oyment with the Ci ty for th e required two (2) years, the employee shall repay th e full amo unt of covered expenses advanced by the City as an e du cationa l ass istance loan. 25 Approval To be eligible for educational assistance, employees must obtain written approval in adva nce from their Department H ead and the Mayor. 26 SECTION 6 -EMPLOYEE BENEFITS 6.01 HEAL TH I SURAN CE BENEFITS Regular full-time employees, elected and appointed officials, probationary employees, and their eligible dependents are eligibl e to participate in the City's group health insurance program beginning on the first day of the month following a 90-day waiting period. The City contributes toward the employee 's premium in an amount a uth orized by the City Counci l. The City reserves the right in it s sole discretion to change the health insurance program and the insurance carrier without prior notice to affected employees. Covered employees wi ll receive notice of the change as soon as practicab le. For a more complete understanding of the insurance program, including eligibi lity requirements , employees should read the in surance booklet available from Human Resources. Temporary and part-time employees are not eligib le for health in surance coverage . 6.02 RETIREME T BENEFITS Regular full-time and eligible part-time employees are covered under the Retirement Systems of A labama (RSA) retirement program . Benefits and con tributi on rates are estab li s hed by RSA . Emp loyees who w ish to retire should notify their Department Head and the Human Resources Director at least three months prior to the date of retirement. More information on RSA is contained in a booklet available from Human Resources . Additionally, the C ity makes contribution s on behalf of all eligible employees to the Social Security System in additio n to those contributi ons made by the emp lo yee through FICA payroll deductions. 6.03 DISABILITY I SURAN CE (SALARY CONTINUA TIO BENEFITS) Regular full-time employees, elected and appointed officials and probationary employees are eligible to participate in the City's disability in surance program beginning on the first day of the month fo ll owing a 90-day waiting period. The City contributes to the cost of premiums in the amount authori zed by the City Counci l. The City reserves the right in its sole discretion to change the di sa bility insurance program and the insurance carrier without prior notice to affected emp loyees . Covered employees will receive notice of the change as soon as practicable. For a more comp lete und erstanding of the insurance program , including eligib ility requirements, employees should read the insurance booklet avai lable from Human Resources. Temporary and part-time employees are not eligible for disability insurance coverage . 6.04 WORKERS COMPENSATIO The City provides worker's compensation insurance for all employees for job related injurie s. If an employee suffers an on-th e-job injury (no matter how sli ght), the employee must report the injury to hi s or her supervisor immediate ly, if the emp loyee is able to do so. The supervisor wi ll ensure that the employee obtains proper medical attention by following the City 's Medical Protocol. As soon as practicable, the 27 employee must provide full written information concerning the accident and injury to the employee's supervisor. Generally, worker's compensation insurance covers all medical expenses for necessary treatment for covered injuries and provides compensation benefits during the time the employee is unable to work as a result of the injury. The amount and duration of compensation benefits is establi shed under worker's compensation law. Employees are required to inform the treating physician that the City has an early return to work program that seeks to make avai lable temporary, modified duty opportunities for employees who are not able to perform their regular jobs as a result of an on the job injury or illness covered by workers' compensation . For more information on the Early Return to Work Program, contact your supervisor or the Human Resources Director. If an employee is injured and thus unable to work for five or more scheduled work days, the City will require authorization from the treating physician before the employee is allowed to return to work. If the employee has accumulated paid sick leave time, the employee may elect to use the paid sick leave while unable to work as a result of an on-the-job injury . If the employee elects to do so , the employee will be paid the difference between the amount of the worker's compensation benefits and the employee's regular rate of pay. The amou nt paid in excess of worker's compensation benefits will be deducted from accumulated paid sick leave. Employees must sign an acknowledgement to confirm this election. Employees who are unable to work as a result of a serious health condition (including an injury or illness covered by workers' compensation) wi ll be placed on Family and Medical Leave for up to 12 weeks if the employee is eligib le for FMLA leave. 6.05 INSURANCE BENEFITS FOR RETIREES Employees who qualify for retirement from the City (as determined by RSA) and who are at least 55 years old, or who have at least 30 years of service with the City, may be eligible to continue the same health care benefits as regular employees until they are covered by Medicare Parts A & B. The retired employee must pay 10% of the insurance premium each month. A retired employee will not be eligible to receive this health care benefit if he or she is employed by another employer and is eligible for health care benefits from that employer. More information on this benefit will be provided upon retirement. 6.06 CONTINUATION OF BENEFITS Workers Compensation Leave: An employee receiving worker's compensation benefits will continue to accumulate paid vacation leave and paid sick leave for up to six (6) months. The City a lso will contin ue to pay the City's portion of health insurance premiums, provided the employee continues to pay his or her share of premiums, if any. After six (6) months, the employee's benefits (except for workers' compensation , if any) shal l cease. Thereafter, the employee may continue health insurance coverage under COBRA. An emp loyee who is unable work may be granted a leave of absence without pay for up to one year. Thereafter, re-employment would be subject to availability of a job the employee is able and qualified to perform. 28 ORDINANCE NO. AN ORDI ANCE AMENDI G ORDINANCE NO. 1255 KNOWN AS THE PERSONNEL RULES , POLICIE S AND PROCEDURES ORDINAN CE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE ALABAMA, as follows: The ordinance known as the Personnel Rules, Policies, and Procedures Ordinance (No. 1255), adopted 27 June 2005 , together with the Personnel Handbook of the City of Fairhope, be and the same hereby is changed and altered in respect to the certain section below: VI. Employee Benefits Section 6.05 . Insurance Benefits for Retirees Employees , e~ before February 1, 2 009 , who qualify for retirement from the City (as determined b~nd who are at least 55 years old, or who have at least 30 years of service with the City, may be e li gib le to continue the same health care benefits as regular employees until they are covered by Medicare Parts A & B. The retired employee must pay 10 % of the insurance premium each month. A retired emp lo yee wi ll not be eligib le to receive this health care benefit if be or she is employed by another employer and is eligible for health care benefits from that employer. More information on this benefit wi ll be provided upon ret irement. Emplo yees emp lo yed after Febru ary 1, 2009 wi ll not be e li g ibl e for the insurance benefit for retirees. This amendment sh a ll take effect on 1 February 2009 after the date of its approval by the City Council of Fairhope and publication as required b y law. A dopted this 12th Day of January, 2009. Timothy M. Kant, Mayor Attest: Lisa A. Hanks, City Clerk COBRA Continuation Coverage : If an empl oyee is covered under the City 's gro up health in suran ce program, the employee w ill have th e ri ght to continu e thi s in suran ce coverage at gro up rates if certain events occur that would othe rw ise cause the emplo yee to lose th e in surance coverage -the termin ation of empl oy ment o r an exte nd ed leave of absence for exampl e. The empl oyee and/or eligib le depe nd ents w ill be re quired to pay th e full insurance premium fo r th e coverage (gene ra ll y I 02% of the grou p health insurance premi um ). T he coverage wo uld be availab le for a limited time (genera ll y 18 or 36 months). T he em plo yee an d eli g ibl e dependents wi ll be given full details of the ri ght to continue gro up health in surance coverage und er COBRA in a separate "Noti ce of Ri ght to E lect Continuation Coverage under COBRA." Thi s noti ce sho uld be reviewed carefull y . 6.07 RECREATION BENEFITS Regular full-tim e employees and ret irees are e li gible for discounted u sage or playing fees at th e City's public pool and Qu a il Creek Golf Course. The Mayor a nd st aff determine the amount of discount and g uid e lines fo r usage. 6.08 BENEFITS FOR PART-TIME AND TEMPORARY EMPLOYEES Un less otherw ise state d in these Perso nn el Rules, part-t ime and temporary empl oyees are not e li g ibl e for empl oyment benefits exce pt th ose required by law. 29 SE CTIO N 7 -TI ME OFF FRO M W ORK 7.01 HO L ID AYS The following days are recognized as paid holidays for regular full-time employees: ew Year's Day: January 1st Martin Luther King's Birthday: Third Monday in January Memorial Day: Last Monday in May Independence Day: July 4th Labor Day: First Monday in September Veteran's Day: November 11th Thanksgiving Day: Fourth Thursday in November Day after Thanksgiving Christmas Eve: December 24th -½ day off Christmas Day: December 25th Birthday or Personal Day (After one year of service) The City Council may grant additional days off. Paid holidays that fall on a Saturday wi ll be observed on the preceding Friday; paid holidays falling on a Sunday will be observed on the fo ll owing Monday. To receive holiday pay, the employee must work the last scheduled workday before and the first scheduled workday after the holiday. Wo rk On Ho lid ays Because many essential City services must be provided on holidays, employees, including part-time and temporary, may be scheduled to work on a holiday. lf so, the employee will be paid one and one-half times his/her regular rate of pay for all hours worked on the holiday. In addition, for certain holidays as determ ined by the Mayor, employees may be paid at their overtime rate for set-up activ~i · , even if the work is not performed on the holiday and regardless of the numbe or ours actually worked during the workweek. For instance, work performed on Sun ay , December 31 st in preparation for New Year's Eve will be paid at the overtime rate . 7 .0 2 BIRT HD AY Regular full-time employees with at least one year of service may take their birthday as a paid holiday. With prior permission of the Department Head, the birthday holiday may be taken at anytime during the year, but may not be carried over beyond the next anniversary date. 30 7.03 PAID VACATION The City recogni zes the importance of offering pa id vacat ion for rest and re laxati on . Regular full-tim e empl oyees accumu late pa id vacati on each year based on the employee's years of serv ice from the last date of hire. Annual Vacation Eligibility Regular fu ll-tim e empl oyees are e li g ib le fo r paid vacation as follows: Days of Vacation Hourly Years of Service per Year Equivalent Less th an One Year 0 0 One Year to N in e Years 10 80 Ten Years to N in eteen Years 15 120 Twent y Years or More 20 160 Durin g an a pproved leave of a bsen c e o f 30 days or more. empl oye es do not accumul ate paid vacati on. but are treated a s co ntinu o us ly empl oyees fo r the purpos e of determinin g va cation eli gibility wh en he or s he return s to acti ve empl ovment. Without prior written auth orization from the Mayor, no emp loyee may take paid vacation until he or she has completed 12 month s of continuous emp loyment w ith th e City. A nnual paid vacation may not be carried over from one year until th e next year without written a ppro va l from the Mayor. Vacation Pay Hourly paid empl oyees wi ll be pai d th ei r regular rate of pay for the numb er of ho ur s regu larly sc hedul ed to work as vacation pay. Empl oyees, who are regu lar ly sche dul ed for more than an e ight-h our shift, wi ll be paid the hourl y equivalent of a full day's work. Salari ed emp loyees w ill be paid their norm a l sa laries w hil e o n vacation . Emplo yees mu st take vacation in inc rements of at least one-full day. Scheduling of Vacation Since the purpose of vacation is to prov id e em p loyees time off w ith pay to rest and relax, the Ci ty encourages eli gible employees to take at least one full week off as vacation . The remaining vacatio n days can be taken separately in in crements of at least one full day. The Mayor must approve in advance vacation requests of more th an two consecutive weeks . Whi le the City stri ves to grant vacation le ave on th e dates the emp loyee requests , circ um stances may arise that necessitate denying a vacation request or w ithdrawi ng approval of a requ est previously gra nted . T he e mpl oyee shou ld sched ul e vacation through hi s or her s up ervisor and D epartm ent Head . 31 Vacation requests must be completed and submitted in advance, preferably at leas t 2 weeks be fore the desired vacation date(s). Eac h Department Head is responsible for schedu lin g employee's vacation witho ut undue disruption to City operations . Employees may be denied permission to take vacation if the dates requested will , in the judgment of the Department Head, unduly disrupt operations. Length of continuo us service ge nera ll y will control granting requests for vacation leave if two or more employees request the same dates and , in the j ud g men t of the Department Head, the City cannot grant all requests. Vacation will not be granted in excess of accum ul ated vacation eligibility. Vacation Pay Upon Termination of Employment E mployees who resign in good sta ndin g (i.e., give two weeks prior written notice,) or retire, and employees who are dismissed for reasons other than misconduct, will be paid for accumulated but unu sed vacation. If an employee dies, acc umul ated vacation w ill be paid to the emp loyee 's spouse or as otherwise allowed by law. 7.04 SICK LEA VE All regular full -time employees accumu late paid sick leave at the rate of four hours for eac h pay period the e mployee is active ly employed . There is no max imum number of ho urs a n e mpl ovee m av acc umul a te. Regular part-time employees and temporary employees are not eligibl e for paid s ick leave. _ Generally, emp lo yees do not accumulate paid sick leave during a leave of abse nce wit hout pay. T here is no max im um n um ber of ho urs an e m p loyee may aee umu late. of 30 days o r mo re. Allowable Uses of Sick Leave An employee may use accumulated sick leave if absent from work due to: I. Employee's own hea lth condition (i lln ess , injury , o r other physical or mental . A__....-f,.J 1-0-·.o.~ disability, pregnancy or childbirth a nd related medica l conditions); (Z~-;JC J 2. The need to care for a member of the employee's immediate family f~ definition of "immediate family" under Section 1.06) with a health condition described above ; 3 . Medical or dental appointments for the e mpl oyee or a dependent child, provided that the employee must make a reasonable effort to schedule s uch appointme nts at times that minimize interfere nce with the employee 's scheduled work day; 4. Use of a prescription drug that impairs safe job performance; 5 . To extend bereavement leave for a death in the immediate family (must be authorized by the Mayor or hi s/he r designee). Sick Leave and Attendance Policies Treatment of an absence as paid "sick leave" does not affect an employee 's obligation to adhere to the City's attendance policy. If an employee requests paid sick leave, the emp loyee may be required to provide a doctor's certificate to confirm the reason for the absence . 32 A do cto r's ce rti ficate w ill be req uired fo r a b se nces re lated to ill ness o r inju ry w he n an emp loyee has m ore th a n five (5) un exc used a bsences fo r illness or inju ry in a cale nd a r year. Emp loyees w ho use a ll their acc umul ated s ick leave and require ad d itio na l ti m e off work du e to illn ess or inj ury may, requ est a leave of absence witho ut pay. (See, Oth e r Leaves of Absence Po li cy) Emp loyees may be se nt home an d be req u ired to use sick leave if a s up erv iso r de te rmin es th at a n e mp loyee's job perfo rm a nce o r safety is imp a ire d by hi s/he r me di cal conditi o n. Sick Leave Pay Upon Termin a tion of Employment Em pl oyees are no t pa id for acc um ul ate d s ick leave upon terminatio n of e m p loym e nt , exce pt fo r e mpl oyees who retire as d efin ed by R SA. A n emp loyee w ho retires, a nd has an accru e d sick leave ba lance of at least 768 ho urs , w ill be pa id for accumul ated s ick leave accord ing to the fo ll owing ta bl e: Length of Service with the City of Fairhope At Least 10 Years but less th an 15 15 Years but less th a n 20 20 Years o r more Payment 50% of Acc umul ated S ic k Leave 66.7 % of Accumul ated Sick Leave 100% of Acc umul ated Sick Leave, up to a maxi m um of 960 hours Law e nfo rce me nt officers ret iring wi th a t least 20 years of service w ith th e C ity w ill be pa id for a ll acc umul ated sick leave, up to th e m ax imum of 960 ho ur s . Emp loyees retirin g, but w ho w is h to tak e th e ir acc umul ated s ic k le ave in payme nt s ove r tim e in stead of in a lum p sum , w ill be s ubj ect to th e paym e nt sc hedul e a bove . An e mpl oyee w ho is un able to co ntinu e work in g fo r the City as a res ult of a pe rm an e nt an d to ta l d isabi li ty wi ll b e pa id fo r a ll accumulated s ick leave, up to a max imum of960 ho urs, upon termi nati o n of e m ploy me nt for that reason . 7.05 FAMILY A D MEDICA L A D SERVICE 1EM B ER LEA VE POLI CY filigthle E li g ibility. To be e ligible for family and medi cal leave o r servicemember le ave unde r this policv. vo u must meet all o f the fol lowing eligibil ity requirements: (1) you mu st have worked for the Citv for at least 12 months (52 weeks). which need no t be 12 con secut ive month s; (2) you must have wo rked at least I .250 hours fo r the Citv during the I 2 month s immediately preced ing the fami ly and medica l o r se rvicemember leave. 33 R eason s fo r FM LA Lea ve. All eli gible e mpl oyees may req uest up to 12 weeks unpaid Family and Medica l leave during a 12-mo nth pe ri o d-fe F: +he _______ ~Fo=1~· ~tl=1e birth of your c hild~ (m oth e r o r fa ther) o r th e pl acement of a c hild wi th yo u fo r ad o pti o n o r fos t e r ca re, in c luding c hild careand for c hildca re after ~b irth ero f vo ur c hild o r the p laceme nt for adoption o r fos ter care. _If both a hu s band a nd wife a re eli g ible employees o f th e C it v, they m ay take o nl y a total of 12 weeks ._ Leave to c are fo r a c hild aft e r bi rth o r after ad o ptio n o r pl aceme nt w ith yo u fo r foste r c a re mu st b e tak e n w ithin one year after the birth or pl acem e nt o f th e c hild . ________ T o care fo r th e e mpl oyee's s po use, c hild o r parent w ith a se ri ous health co nd it io n . ________ For th e e mpl oyee's serious health co nd iti on. Fo r ··a n v qu a li f Yin g exigency'· rel ated to a n e mpl oYee·s s po u se. c h ild o r pa rent ca ll up to acti ve duty w ith the .S . A m1ed Fo rce s . A ··gu a li fv in g exigency·· includes : i) no tice o f a de pl oym e nt (limite d to seven c a lend a r davs beginnin g o n th e d ate a covered milita ry member is n ot ifi ed o f depl o vment): ii) m ilita ry e ve n ts a nd re la ted activ ities: iii) c hi ldcare a nd school act iv iti es : iv) making o r upd ati n g fin a nci a l a nd legal a rrange ments: v) a tte nd ing co un seling re lated to th e mi lit a ry ca ll -up ; vi) re st a nd recuperati o n to s pe nd with a milita ry member o n s h o rt -te rm leave (limi ted to fi,·e day s per leave): and ,·ii ) post- depl ovm e nt acti viti es (w ithin 9 0 d avs fo ll o wing termin ati o n o f act iv e dutv sta tu s). A '·gua lifving e xi 2.e nc v·• le a ve mu st be re lated to t he act i\'e m ilit a ry duty o r call-up to acti ve dut y o f a serv ice me mbe r. In determin ing wheth e r an e ligi bl e empl oyee h as taken hi s or he r full e ntitl e ment eft_g 12 weeks unpa id leave o f absence durin g a 12-mo nth pe ri o d , the C it y useswe use a "ro llin g" 12 -m onth p e r io d measured backwa rd fro m th e d ate a n e m p loyee requ es ts to eeg+RU Se s FMLA leave. S ervicem ember Famil y Lea ve. O n a o ne tim e ba s is. e li g ibl e ernpl ove es ma y tak e up to 2 6 w eek s o f lea,·e in a s ingle 12 -m o nth peri od to care for a covere d serrice member . A c overed se n·ice memb er is a m e mber o f th e U.S . A rmed Fo rces. th e at io nal Gu a rd o r th e U.S . Reser\'eS ,,·h o is e ither th e c hild. s po u se . pa rent or 11 ext o f kin o f th e eli g ibl e e mpl ovee. a nd w ho ( i) is undergo in g m edica l tre atm e nt. rec upe ra ti o n. o r th e ra p v. (ii ) is o th e rw ise in o utpa tient statu s. o r (ii i) is oth erwise o n th e te mpo rarv di sa bili tv retired li st fo r a seri o us injurv o r illn ess . I f a n eligible empl o ve e takes servic e member le ave a nd re gul a r F l!L A leave during the 12 -mo nt h pe ri od. he o r she is entitled to a tota l o f 26 w eeks o f leave . For example , if y o u request FMbA leave be g inning September 1st , we w o u ld meas ure backward to 34 September l st of last year to determine whether you have already used l 2 weeks of an eligib le employee does not take any regular FMLA leave during that 12 month per-ieaa 12 -month period . the emplo yee may take up to 26 weeks of servicemember leave during that 12 months. However. if the eligible emplovee took 12 weeks of FMLA leave during the 12 months. he or she could take up to 14 weeks of servicemember leave during that 12 months. for a tota l of26 weeks. In both cases. the employee would have exhausted all of his o r her servicemember leave. wh ich mav be taken onlv one time . Eligihi.'ity. To be eligible for fami ly o r medical leave under this poliC)', you must meet both of the fo ll owing conditions: (I ) you must ha,e worked for the City for at least 12 months (52 weeks), which need not be I? consecutive months; and (2) you must have worked at least 1.250 hours during the 12 months immediately preceding the family and medical leaYe. Emp.'-oyment F0U-0wing Leflve. When you return to work following a fami ly and mee-ical leave, you \vi ii be assigned to yo u r foR'H-el'-jO&-Or to an equivalent job with the same pay, benefits and working condition s. If you do not return to ,rnrk fol lowing a fami ly and medical leave. your employment may be terminated and you may be required to reimburse the City for any insurance premiums the City paid during the leave unless your failure to return to work is due to circumstances beyond your contro l, such as a serious health condition continuing or a ne'<'i serious health condition ~ ___ Employment Benefits During Leave. During an approved fa mil y a nd m e di cal or servicemember leave, yo ur group h ealth in s uran ce, if any, wil l continu e j ust as if yo u ha d not taken leave._ The City will continu e to p ay any portion of the premium that th e City wo uld pay if you were workin g, a nd yo u must make arrangem ents to pay on ti m e an y portion of the premium yo u wo uld pay if yo u were working. If yo u fail to pay o n time a ny portion of the premium yo u a re required to pay, yo ur in s uran ce coverage m ay t ermin ate. _Yo u do not accumulateaccrue paid leave o r a ny oth e r be ne fit whi le o n a leave of absence of 30 davs or more. including fam ily a nd m edical leaves and servicemember leave. Yo u may co ntinue oth er b enefits, if any, as permitted by the particu lar benefit plan by making arrangements in advance to make any req uired contributi o n s o r premium paymen ts. ___ Use of Paid Leave. You must u se a ny acc umul ated paid leave, in c luding a n y paid vacation and paid sick leave and paid vacationifthe leave is fo r vour own seriou s health cond it ion, at the beginning of your fa mil y a nd m edical or servicemember leave. After yo u exhaust paid leave, the rest of th e famil y and medical or serv icemember leave, if a ny, wi ll be unpaid. ___ Intermittent Leave or a Reduced Wor k Sch edule. Intermittent or reduced- sched ul e leave m ay be granted, in increments of at least one full hour, if medicall y necessary, for a serio u s health conditi o n ._ Intermittent leave o r a reduced-sc hed ul e wi ll n ot be granted fo r th e birth of a chi ld . or for childcare . .,_ You should con s ult w ith your 35 health care pro\·idertreatin g physicia n to schedul e a ny necessary m edi ca l treatm e nt to avoid unn ece ssary di sruption of GttyQ ur b usiness o p e ra ti o n s, (for examp le , sche duling p e ri o dic m edica l trea tm ent fo r a seri o u s health condition a-f!ef,at o r near th e e nd o f the workday .) In a ll cases, the tota l family a nd mee-ica-1--leave--,.vi-ll no t exceed a total of 12 \\'eeks O\'er a 12 month period.1 ___ Procedure fo r Requ estin g Leave. Exce pt w he re leave is un fo reseeabl e, yo u must requ est fa mil y and medica l or servicemember le a ve by s ubmitting a c o mpl e te d Req uest fo r FMLA Leave ef--A bse nce fo rm to your Department Head.the Human Resources Directo r . If po ssible, you mu st g ive at least 30 days no tic e be fo re th e d ate you want th e leave to begin._ If thi s is no t poss ibl e, you mu st provid e a s mu c h noti ce as is practi cabl e unde r the c irc um st a nc e s ._ Whil e o n ill}__approved fa mi ly a nd medi cal or servicem ember leave, yo u ma y be required to re po rt semimonth lyse m i-m onthly to your Department Headthe Human Resources Director regardin g the status of----yeur medical condition and yo ur inte nt to return to work. unless you have been granted FMLA for a specific duration.,_ If the City dete rmin es th a t a le ave of a bsence qu alifi e s fo r family and Medical Leavefamily a nd medica l or servicemember leave, in c ludin g a leave fo r a se r iou s health co nditi on covered by ',Norkers 'workers' compen sat io n , th e leave may-will b e design at ed as Family and Medical beavefomilv and medical or serv icem ember leave by th e C ity. _If so, th e leave w ill co unt tewa-restoward t he employee ·semployee's a nnu a l 12-w e e ks o f familv and medica l unpa id leave or 26 weeks ofservicemember un pai d leave . ___ Ce rtification and Rece rtification of a Se ri o us Health Condition. If yo u requ est leave fo r a seri o u s health conditi o n , yo u fflfr)'--beare re quired t o p rovi d e a m edi cal certi ficati o n of the conditi o n, and. if th e leave is re qu ested to care fo r a n imm edi ate fa mil y m ember o r cove red serv icemember w ith a seri o u s health co nditi o n , to certi fy th e need fo r you to provide care. We The Citv m ay re quire recertifi cati on o n a reasona ble b as is during th e leave (not more often than every 30 days), unless you ha\'e been granted FMLA for a specific duration . .,__ T h e certifica ti o n must be p rov id e d o n th e Medical Ce rtification of Health Care Provider fo rm , w h ich is avail ab le .ferfrom the Hum a n Re so urce s Director. We T he Citv m ay req u ire yo u to o bta in a second m e d ica l o pini o n fro m a h ealth care prov id e r chosen b y th e Ci t y at o ur exp e nse to veri fy an y s u ch certifi cati on ._ If th e second o pini o n di ffe rs fro m t he certifi cati o n prov id e d b y t he empl oyee, wethe City m ay require, at our ex pe n se , the o pini o n of a t h ird provi d er c hosen j o intl y by th e Ci ty a nd ]2y_yo u ._ T he third o pini on w ill be fin a l a nd binding. _ Wh e n yo u se ek to return to wo rk fo ll o win g a n a pproved famil y a nd m e di cal leave fo r i:l;'.Qfil se ri o u s health conditi o n , yo u mu st prov ide a ffietH€i:lt statementfi tness for duty report fro m yo ur treating health care providerdoctor to con fi rm tltat-yo u a re able to p erfo rm yo ur essentia l j o b duties . _If not , the medtcal statementlitness for duty report must describe a ny limitationslimitation o n your a bil it y to p e rfo rm your essenti a l j o b duties so a-eeterm-i+1ati-oothe City can be made whether adeterm ine there are anv reasonable accommodationsteps the Citv ca n be made that -wi+l--take to ena bl e yo u to return to your job and perform your essential job duti es. 36 Emplovment Following Leave. When vo u return to work fo ll owing a fami ly and medical or se rvicemember leave. you w ill be assigned to your forme r job or to a n equiva lent job w ith th e sa me pav. benefits and working conditions. lf yo u do not return to work fol lowing a fami ly and medical or se rvicemember leave. yo ur emp loyment may be termin ated and vo u mav be required to reimburse the City fo r a ny insurance premiums we paid during th e leave unless your failure to return to work is due to circumstances beyo nd vo ur contro l. s uch as a serious health cond iti on cont inuing or a new serious health condition arising. ___ Failure to Return From Leave. Yo u w ill be considered to have abandoned your job and classified as a voluntaril y quit your job (1) if you do not return to work o n or before th e ffilH't-Athird schedu led work dav after an approYed leave of absenceg Fami ly a nd Medica l or Servicemember Leave expires; or (2) if yo u app ly for OOQI engage in oth er e mpl oyment whi le yo u are on a fami ly a nd medical lea,·e.Family a nd Med ica l or Servicemember Leave . You w ill be dismisseddischarged if you g ive a false reason fo r a requested -le!weFamilv an d Med ical or Servicemember Leave . 7.06 BEREAVEMENT LEA VE Regular full-time empl oyees may receive up to three da ys off for bereavement leave for a death in the imm ediate or extend e d family (as defined in Section 1.06 of these Personne l Rules). One day of bereavement leave w ill be granted to attend the funeral of any other fa mil y m ember as defined in Sectio n 1.06 . The Mayor or hi s/her designee may approve a longer leave, which may be c harged against the emp loyee 's paid sick leave . 7.07 JURY AND WITNESS DUTY Jury Duty . The C ity provides all e mpl oyees leave for jury duty. Reg ul a r full-time emp loyees w ill be paid their regular ho url y rate of pay for the hours the employee is regu larl y sched ul ed to work on each day of jury duty. (Exempt, sa lar ied employees wil l be pa id their full weekly salary for the workweek that includes jury duty.) If the Court excuses an e mpl oyee more than three ho urs before the end of the sched ul ed workday, the empl oyee is required to report to work to complete the workday. The e mpl oyee mu st provide his/her su pe rviso r w ith a copy of the jury duty s ummon s as soon as possib le after recei vi ng the summ o ns . The fee paid by the court for jury service w ill not offset jury duty pay. Witness Duty . A ll employees subpoenae d to appear in court will be a ll owed the time off required to co mpl y with the s ubpoena. In general, a leave of this kind is unpaid un less the em pl oyee is a witness in a case in vo lv in g the City a nd is requested or subpoenaed to testify by the City. Exem pt sa laried employees, w ill be paid th e ir regu lar sa lary if sub poenaed. 37 7.08 MILITARY LEA VE The City does not want employees to suffer any loss of employment status if they perform military training or service in the United States Armed Forces or as a member of the U.S. Reserves or National Guard. An employee will be granted a leave of absence without pay for required active military service or training. Upon completion of active military service (generally not to exceed five years), the employee will be reinstated to his or her former position or to a substantially equivalent position without loss of employment status if the employee makes a timely application for reinstatement after the date he or she is discharged from military duty. An employee who returns from military leave will be eligible for any paid sick leave or paid vacation accumulated before entering military service. Alternatively, the employee may request to be paid for accumulated vacation when the employee leaves employment to enter into active military service . If the employee will be on active military duty for longer than 30 days, the City will not continue group health insurance coverage. However, the employee may continue the coverage at group rates, at his or her expense, for up to I 8 months. An employee who is a member of the National Guard or the United States Reserves will be granted a leave of absence with pay for up to 168 working hours each calendar year to attend mandatory training with his or her unit, or if the employee's unit is activated for U.S. military service . Generally, if the active duty exceeds 168 working hours, the remainder of the leave will be unpaid and is subject to our military leave policy for active military service described above. Any additional benefits are paid in accordance with federal and state laws. An employee should give his or her Department Head as much notice as practicable if the employee will be absent from work for military service. 7.09 A DMIN ISTRATIVE LEA VE During the investigation or trial of any crimin a l charge a gain sta lleged seri o us mi sco nduct bv an employee, or during the co urse o f any c i,·il acti on inv o lvingt ime criminal charges are pending again st an employee, the Mayor may place the employee on administrative leave with or without pay as a non-disciplinary measure if administrative leave would be, in the judgment of the Mayor, in the best interest of the City. If the employee is reinstated, the Mayor may authorize the payment of back pay and benefits for the period of the administrative leave without pay. 7.10 OTHE R LEAVES O F ABSENCE All other leaves of absence require prior written approva l. Employees should submit a written request for a leave of absence as far in advance as practicable. The request should state the reason for the leave and the inclusive dates the employee will be absent, if practicable. If it is not practicable to submit a written request in advance (for certain types of disability leave, for example), a leave of absence form stating the reason for the leave and the inc lusive dates must be prepared within two working days after the leave begins. (The employee must promptly report any absence as stated in the policy on "Attendance".) A leave of absence request form must be signed by the 38 employee and delivered to the Human Resources Director. A record of all abse nces, including approved leaves of absence, wi ll be maintained in the employee 's personnel file. With the approval of the Mayor, an employee may be granted a le ave of abse nce without pay for up to one year. Generally, an employee wi ll not acc umul ate emp lo yment benefits during a leave of absence without pay, and the employee is not eligible for group health insurance coverage unless the employee has the right to conti nu e the coverage at his or her expense. (See policy on "Group Health In surance" and "COBRA"). Upon expiration of a leave of absence without pay, the employee will be reinstated to hi s or her former position or to a substantially equivalent position if a position is availab le w hen the employee seeks to return to work. A n employee who is reinstated following an approved leave of absence without pay will not suffer a break in service. Only regul ar full-time employees w ho ha ve satisfactoril y completed their probationary period are e li gib le for a leave of absence without pay. 39 SECTION 8-EMPLOYEE RESPONSIBILITIES AND CONDUCT 8.01 C ODE OF C O N D UCT All City employees are expected to represent the City to the public in a professional , courteous, efficient and helpful manner. Employees must maintain a clean and neat appearance appropriate to their job and work assignment, as determ in ed by their Department Head. The proper working relationship between employees and the City depends on each employee's on -going job performance, professional conduct and behavior. The City has established minimum standards of personal conduct. Among the City's expectations are: • Respect and courtesy in dealing with the public and fellow employees; • Adherence to City policies, procedures, safety rule s and safe work practices; • Compliance with directions from supervisors; • Preserving and protecting the City's equipment, gro unds , facilities, and resources ; • Providing quality and cost efficie nt services to its citizens. The City of Fairhope is a relati•,ely small municipality. Tocommitted to providing qualitv serv ices to ou r re sidents. To achieve that commitment a nd to function efficiently , employees may be asked to perform seem in gly "menial" duties outside of the emp lovee ·s regu lar job assignments. _Job assignments of this kind are oot--a reflection on the employee's vio1th to the City. but are nece ssary for the City to provide full services to our residents. _E mployees must perform all job assignments. To make the most efficient use of personnel , the City reserves the right to change your job assignments and duties . 8.02 R LES OF C O N D UCT Rules of conduct are essential for a safe, harmonious and productive workplace and to ensure that the City provides excellent service to our residents and maintains a good relationship with the community. Of course, the City's rules of condu ct must be enforced to be effective. Emp loyees must abide by a ll rul es, policies a nd procedures, including any safety rules applicab le to the employees' particular job. The rules are for employees' protection as well as for the protection of others. The City has de ve loped rules of conduct to guide employees' o n-the -job behavior. Employees should become thoroughly familiar with these rules. If you have a question, ask yo ur supervisor or Department Head for clarification. You should understand, however, that general rules are not an all-inc lu sive li st of the grounds for discipline or dismissal a nd do not limit the City's discretion to discipline or dismiss employees for other reasons the City deems sufficient. Moreove r, the nature of the discipline imposed for a violation may be affected by the circumstances s urrounding a particular violation. Although the City normall y uses progres1.\discipline, in each case the City will decide th e appropr iate di scip lin e to be impos V 40 The following are exampl es of action s that may result in disciplinary action , inc ludin g immediate dismissal : • Engagin g in vio le nt or threaten in g behav ior, or making verbal threats. • Provi din g fa lse or mi s leadi ng information or wi thh o ldin g material information for a ny e mplo ym e nt related purpo se , in c ludin g employment a pplica ti ons, time records and other employment re lated d ocum e nt s. • Una uth ori zed use , possession , mi s use, de stru ctio n, theft or co nver sion of the C ity's fac ilities/property . • U nauthori zed use of an emp loyee's pos iti o n w ith the City fo r personal ga in or advantage. • Acce ptin g unl awful gratuities o r bribes. • D isho nesty . • Fa ilure to properl y secure C it y fac iliti es o r property . • Loite ri ng in work areas du rin g no n-workin g ti mes , or di srupti on of Ci ty business o r the work of other e mpl oyees. • V io lation of th e City 's so li citati on po li cy. • U na uth ori zed operation o r use of City vehi c les , machines, too ls or e quipm ent. • U nauth ori zed recording of anoth e r e mpl oyee's time record , or a ll owi ng a noth e r e mpl oyee to re cord your time record. • Unexcu se d ta rdin ess or abse nt eeism; Excess ive tardiness or absenteeism , (even if exc use d). A bsence witho ut prope r notificati o n to immed iate s up erv isor. • Fai lure to exert normal job effort or fa ilure to work cooperati ve ly with co - wo rk ers or supervisors. • S leep in g on the job. • Making fa lse or derogatory state ments o r e ngaging in actio ns or activit ies th at reasonably wo uld be expected to damage the in tegrity or rep utation of the C ity o r it s emp loyees . • D isord e rl y condu ct, including fighting, o n C ity property . • Use of intimidati ng, coercive, o r obscene la ng uage or gestures t o th e pub li c or to fellow e mpl oyees . • Condu ct unbecoming a C it y e mployee w hil e on duty . • Gambling o n C ity property. • Refusal o r fa ilu re to perform ass ign ed work , (in c ludin g an unreasonable re fu sal to work overtim e as directed,) or fa ilure to re port to work du rin g an e me rgency call-in, in c ludin g weather-relate d e mergenc ies . 41 • Fai lure to observe safety practices, rules, regulations, and instructions. Failure to wear required safety clothing and equipment. • Failure to promptly report to your immediate supervisor an on -the -job accident causing injury to any person , or damage to City equipment or City property. • Unsatisfactory job performance, neglect of assigned duties or concealing defective work . • Violation of the City's '·Substance Abuse Policy and Program." • Unauthorized possession of explosives or weapons of any ki nd , or a ny other dangerous instrumentalities on the job or in wo rk areas. • Conviction (includin g a guilty plea,) of a fe lony, or any crime that involves moral turpitude, or any crime that is related in any way to your job with the City, or repeated misdemeanor convictions (including traffic citations.). • A violation of the C ity's EEO/Harassment Policy. • Any verbal abuse of a supervisor, including profanity, name-calling or ridicule directed at the supervisor • Use of recording devices to record on -th e-job conversations involving City employees. • A violation of a ny other City policies established und er these Personne l Ru les. In addition to the forego in g rules, employees shou ld use common sense to guide on- the -j ob behavior. Gossiping, needless complaining, loud talking and profane language are out of place and unacceptable. Horseplay, practical jokes and pranks can cause ill feelings and even could cause on -th e -job injuries. S uch conduct is not al lowed. Instead, courteous and considerate behavior towards your co -employees is expected. It is easy to crit icize, but more difficult to make constructive suggestions. Voice complaints directly to the supervisor, Department Head or the Human Resources Director through our "Open Door" policy. Complaining to fellow employees will not resolve a problem. Constructive comp laints communicated to the right person may help improve the workp lace. As public employees, off-the-job behavior that causes embarrassment to the City, or in any way reflects negatively on public service, may result in disciplinary measures. 8.03 ARREST OF EMPLOYEES Any employee arrested for a crime may be placed on administrative leave pending resolution of the criminal proceeding or pending completion of an internal investigation conducted by the City. ( ee Section 7.09, Administrative Leave.) The purpose of the internal investigation is to determine whether the al leged conduct is a violation of City po lic y a nd , if so, w hat disciplinary acti o n shou ld be imposed. The Mayor must approve returning a n employee back to work fol lowing an administrative leave under Section 7 .09. 42 8.04 SAFETY Each empl oyee is responsible fo r maint a inin g a safe workplace and for pro mp t ly repo rtin g any un safe or po tentiall y hazardou s condition to his/her De partm e nt Head . The City w ill promptl y remedy any un safe condition. Al l empl oyees mu st follow the City's General Safety Po li cy and Program , Substance Abuse Policy and Program and a ll General Safety Rul es and Task-Specific Safety Rules. Employee safety de pend s on the safety co nsc io us ness of everyone . To faci litate a safe work e nv iron ment, employees may not brin g weapon s of any kind to th e wo rkp lace. This includes, but is not lim ited to , weapons for whi ch employees have a va lid permit. The only exception is law enforcement officers for whi ch the job req uires possession of weapons as part of th e ir job. Reporting Work-Related Accidents In case of any acc ident o r near mi ss, regardle ss of how serious, th e emp loyee(s) invo lve d shall imm edi ate ly notify his or her Sup erv iso r or Department Head . An investi gat ion into th e cause of the accident shall be condu cted as soo n as possible after notification. A copy of each accide nt re port shall be provided to the Hum an R eso urces Department and the Mayor. If an empl oyee is inju re d on the j ob, th e Department Head is res po nsi bl e for completing th e First R eport of Injury , and in structin g the emp loyee on the proper procedures to ob ta in medical assistance, or procuring suc h assista nce if th e empl oyee is unable to do so. 8.05 SUBSTANCE ABUSE The City of Fa irhop e is concerned about th e advers e dangers posed by emplo yees ' abuse of co ntrolled sub stances, (inc luding illega l dru gs and prescriptive medications,) and a lcohol. Emplo yee substance ab use, on or off du ty , can cause increased acc idents, injuries , illne sses and medical claims. Sub sta nce abuse a lso can lea d to the deterioration of empl oyees' health and family li ves . Emp loyees who a bu se contro ll ed substan ces or alcohol endanger the safety of themselves, their fe llow empl oyees and the public . Medical costs related to sub stance abu se a lso place an undu e financial burden o n th e health and benefit pro grams to the detr im en t of other empl oyees. Add iti onall y, sub stance ab use can adve rs ely affect produ ctivity an d emp loyee morale , and can cause increase d absenteeism and turnover, all of which adve rse ly affects the City's ab ility to prov id e serv ices to our re sid ents. In li ght of these concern s, the City's goal is to maintain a safe, healthy and produ cti ve workp lace free of sub stan ce abuse. To achieve thi s goa l, the City has adopted and im plemented a co mprehens ive Substanc e Abuse Policy and Program ("Program") that includes (i) alcohol and contro ll ed sub stance testing; (ii ) edu cation a l training programs , and (iii) a ppropri ate discip line fo r v io lati on s of the Ci ty 's poli cy. Each employee w ill be prov id ed a com plete copy of the P rogram0 43 Policy. The possession , use, distribution , dispensing, manufacture or sale of a lcoho l or any contro lled sub stance o n City property o r durin g a n em pl oyee's work ho ur s (i ncluding breaks a nd meal periods) is prohibited . Reporting for duty or performing work while affected by a lco ho l (a le ve l 0.04 BrAC or g reater) o r with any co ntro ll ed substance present in the body (unl ess th e employee has a current lega l prescripti o n fo r th e contro lled s ub stance) is also prohibited. Empl oyees who violate this po licy a re subject to discipline, including di sm issal. Proced ures . To implement this policy, the City has established a Substance Abus e P olicy and Program th at includes alcohol a nd co ntrolled s ub sta nce t estin g of City e mpl oyees. Alcohol and controlled substance testing will include reasona ble s us pi cion testing, post-accident testing und e r certai n circumstances, and th e random testing of employees in safety se ns iti ve jobs. A n employee who tests positive o r w ho refu ses to submit to a test if requested to do so, is s ubject to discipline, including dismissal. Upo n request, the City will make available informati o n concerning the avai lability of a lcoho l or dru g ab use coun selin g , rehabilitation a nd e mp loyee ass istance programs in the Fairhope a rea. Pa rticip at io n in s uch progra m is at the e mpl oyee 's own expense, (unless the City 's health in s urance plan prov id es coverage for all o r part of the program ,) but the City will allow a le ave of absence without pay fo r that purpose. Each yea r, the City will sponsor a program to in form a ll employees of (i) the dangers of drug ab use in the workp lace , (ii) the City's intent to maintain a drug free workplace including penalties that may be imposed upo n employees who violate this policy, and (iii ) ·the avai lability of any alcoho l o r drug abuse counseling, rehabilitation and employee assistance programs that are available in o ur area. If an e mpl oyee observes a violation of thi s po li cy, the e mpl oyee is required to report the v io lati o n to the Huma n Reso urces Director. If a n employee is convicted of a criminal offense that is rel ated in a ny way to th e unl awful manufacture, di stributi o n, dispensing, possession o r use of ill egal drugs or othe r controlled substa nces in the workplace, the employee must notify hi s o r her superv isor of the co nv icti o n withi n fi ve days after the date of the convicti o n. Within ten ...D.Q} days after receipt of the con v iction, the City is required to notify the federa l agency that ap pro ves federa l grants to th e City. A "conviction" includes a guilty plea. The City may, in its sole discretion, require the e mpl oyee to provide sat isfactory proof of participation in a drug abuse or rehabilitation program in li eu of di smissal. If an e mpl oyee must use an over-th e -co unte r or prescriptive drug that has adverse side effects (s uc h as drowsiness or impa ired refle xes o r reaction time) that prevents th e e mpl oyee from perfo rmin g hi s or her job duties safely, o r th a t pose a significant risk to the safety of the employee o r othe rs, the employee must in fo rm hi s o r he r s up ervisor. Upon request, the emp loyee may be required to provide a copy of any prescription and 44 may be required to p rod uce the medi cati on in it s ori g in a l co ntai ner. If th e p rescripti o n causes perfo rm ance or safety pro bl e m s, the empl oyee may be p laced on unpa id leave of a bse nc e (unl ess the em p loyee has accumulated pa id vacatio n o r s ick leave) whil e th e empl oyee is takin g medi catio n. Adherence to th e C it y's po licy on dru gs a nd a lco ho l is a co ndit ion of e mpl oy ment for a ll empl oyees . A ll empl oyees wi ll be g ive n a co mpl ete copy of the Sub sta nce A bu se Po li cy and Program. Em ployees w ill a lso be required to sign an ackn owledge me nt form conse nt ing to th e Substa nce A bu se Poli cy and Program. Compl ete deta il s of testin g procedures are fo und in th e Sub stance A bu se P o li cy and P rogram. 8.06 PERSONAL POSSESSIO NS The Ci ty fu rni shes desks, c losets , a nd/o r lockers fo r emp loyees to u se fo r coats , purses, and oth er perso na l possess ion s . Th e C ity does not assum e respo ns ibi lity fo r any th eft o r d am age to th e perso nal belong in gs of empl oyees. Employees ha ve no rig ht of pri v acv and should have no expectation that City offices, desks, closets , lockers or vehicles are private. T he C ity reserves th e right to search desk s, loc ker s and perso na l belong in gs bro ugh t onto C it y premi ses , if th e C ity has reason a bl e cause to beli eve th e empl oyee is in possess ion of a pro hi bite d weapon, controll ed sub sta nces, a lco ho l, o r m isapprop riated C it y property or fu nds. 8.07 COMPUTER USE In condu ctin g C ity bu sin ess , we rely on in tern a l and externa l E-ma il , th e Intern et and vario us co mputer so ft ware program s. Thi s co mmuni catio n techn o logy is th e C ity 's pro pert y to be u sed eH-ly-for C ity bu s in ess purposes. Onl y software approved by th e Ci ty may be in sta ll ed on C ity co mputers, and no C ity software may be co pi ed or used in a m ann er th at wo uld v io late th e C ity's software li cen se. Sendin g or receiv in g persona l E-mai l messages should be ke pt to a minimum . Employees have no personal right of privacy in using City E-mail. The City regularly reviews, audits and may download E-mail me ss ages that employees send or receive. Certa in empl oyees have access to th e Intern et. Thi s a ll ows state of the a1t access to info rm ati on we need to pe rfo rm our wo rk effecti ve ly. However, excess ive use of th e Intern et can b e costl y. T he Inte rn et mu st be used onl y for City b us in ess purposes a nd onl y w hen th e inform ati on is necessary fo r perfo rm ing job duti es. R ecreati ona l "surfin g" of th e Intern et or usi ng it for perso na l use is pro h ibited . Employees have no right of privacy with respect to the City 's Internet access Q!.. with respect to any information obtained on the Internet. The City may monitor Internet access and may audit employees' Internet use, including checking the web sites employees access on the Internet. E mpl oyees sh all not use any City co mmuni cati on equipm ent or system, in c ludin g E - mai l, to co mmuni cate any in for mati on (in c ludin g w ord s, pictures, cartoon s, etc.) th at co uld be constru ed as a violation of our Equal E mployment Opportuni ty/Harass ment Po licy. Specifica ll y pro hibited are hostil e, intimidatin g, offensive , in s ultin g o r dem eanin g word s, pi ctures , cartoons, etc., about a pe rso n's sex, race, co lo r, nati o na l 45 origin, religion , age or disability. Emp loyees sha ll not use any City communication system to communicate any words, pictures, cartoons, etc. that could be construed as sexual harassment, including the use of profane or vulga r langu age, unwelcome sex ual flirtations , sexual advances or sexua l propositions, sexually oriented or s uggestive jokes or comments, comments about a person's body or sex life , sexually degra ding words, including sexual slang used to describe any person, sexually suggestive or vul gar cartoons or gra ffiti , etc. Simi larly, employees shall not print, displa y, or download any sexually explicit messages or material , and shall not access web sites, chat rooms , etc. on the Internet containing sexually explicit material of any kind. Employees who violate our policy on the use of City computers and other communication systems are subject to discipline, including dismissal. 8.08 CELLULAR TELEPHONE USAGE Certain employees, primarily Department Heads and other key supervisory personnel , a re assigned cellular telephones to quickly and efficiently conduct City bu s iness. These are to be used on ly when a traditional "land-line" telephone is unavail a ble. Cell phones mu st not be used while dri v ing a City vehi c le, unless it is eq uipped with a hands-free device. This applies regardless of whether yo u are usi ng a City cell phone or yo ur perso nal cell phone . For yo ur safety and the safety of o thers , we strongly urge you to neve r to use cell phones while driving, even if yo u are using the cell phones for personal business on yo ur own personal time . If employees bring personal cell phones to work, perso nal calls are to be made only during break or mea l periods. Incoming personal phone calls should be terminated promptly. Abuse of cell phone usage will lead to disciplinary meas ure s . 8.09 PERSONAL USE OF CITY EQUIPMENT A 'D SUPPLIES Use of City phones for local personal phone calls should be kept to a minimum ; perso nal long distance personal calls are prohibited. City equipment and supplies should be used by employees for City business only. An emp loyee's misuse of City serv ices , telephones, ve hicles, equipment or supplies wi ll res ult in di sc iplinary act ion including dismissal. 8.10 USE OF CITY VEHICLES Only employees who are authorized by their Department Head, and are not excluded by the City's vehicle insurance carrier, may drive a City vehicle . Employees authorized to dri ve City vehicles must comply wi th the following requirements: I . "Take-home" vehic les are available only to employees li vi ng in s ide the City's police jurisdiction. Except for commuting to and from work, City vehicles must be used only for City bu s iness. 2. Anyone operating or riding in City veh icl es must wear seat belts at all times . 3. You must ha ve you r valid, current Alabama driver's license with you any time yo u dri ve a City vehicle. 46 4. You may not loan out a C ity veh ic le to any other person w ith out yo ur Department Hea d 's authorization . 5. You mu st drive in a safe an d legal manner at all times. 6. You must neve r operate a City vehicl e und er the infl ue nce of co ntro ll ed sub stances or a lcohol. 7. You mu st notify your Department H ead of any traffic acc id ent s or citations received whil e operating Ci ty ve hicles. 8. You mu st be insurable under th e C ity's vehicl e in surance carrier. Vio lati on of any of these rules , or having an un satisfactory driving record, or be in g exc luded fro m coverage by the City 's ve hi c le ins urance carrier, may cause the C ity to revoke yo ur dri v ing authorization , and subj ect yo u to di scip linary acti on . 8.11 DRIVER'S LICENSE REQUIREMENTS As part of the requirements for certain C ity positions, an employee may be required to hold a valid State of A labama Dri ve r's license with required end orsements. If an empl oyee's license is revoked, s uspend ed or lost, or is not current, valid , and in the emp loyee's possession , the emp loyee sha ll promptly notify hi s/her De partm ent Head, in writin g, and wi ll be imm ediately suspend ed fro m dri ving duties. T he empl oyee may not res ume dri vin g un ti l proof of a valid , c urre nt li cense is provided to hi s/her Department Head . Depend ing on the durati on of li cense suspension , revocati on or other in a bility to dri ve, an employee may be s ubj ect to demotion, unpai d suspension o r dismissal if the emplo yee 's job req uir es dri v in g . If, fo r any reason , th e Ci ty 's veh ic le insurance ca rri er exclud es the emplo yee from coverage, the employee w ill be s ubj ect to demotion, unpaid s uspe nsion or di smi ssal if the empl oyee's job requires dri v in g . The D epartment H ead may attem pt to place th e exc lu ded driver in another po s iti on within th e department, but is under no ob ligation to do so . The City w ill conduct dri ving records checks per iodi call y on a ll em pl oyees authori ze d to dri ve C ity ve hi cles or operate mobi le equipm ent. 8.12 CITY IDENTIFICATION BADGE All empl oyees are iss ued an official City of Fairhope photo ID badge. The badge should be ke pt in yo ur possession at all tim es, and not stored or left in the de partm ent or at th e time c lock. E mpl oyees w ith pub li c contact mu st wear their badge at a ll times whi le on duty . Broken or "worn-out" cards wi ll be replaced at no cost, but there is a rep lace ment fee a lost or mi s placed card. 8.13 PERSONAL APPEARANCE Em pl oyees in mo st departments w ill be provided un iforms. The un iforms are th e property of the City and must be returned upon termin ation of empl oym ent. It is the respo ns ibility of each employee to ensure hi s or her uniform is mainta in ed and laundered properl y. 47 All employees must be properly attired a nd groomed for their work e nviro nm ent. If the Department Head concludes an employee 's attire is in appropriate, the employee may be relieved of duty and sent home (without pay) to c hange 8.14 BULLETIN BOARDS Job -re lated information is posted regularly on the C ity bulletin boards. We expect all employees to be familiar with posted information related to his or her emp loyment or job. E mpl oyees may not post any information on these bulletin boards without the authorization of the Department Head . 8.15 SOLICIT A TIO NS To help maintain a pleasant business-like workp lace a nd to prevent unn ecessary interruptions or inconvenience for o ur employees a nd residents of the City of Fairhope, the City has a no solicitation and no distribution rule. on -employees are not permitted to so licit for any purpose or to distribute literate of any kind within work areas (all areas where City employees perform job assignments, except those areas generall y accessib le to the public). Employees' working time is fo r work a nd sho uld be spe nt performing job assignments. Accordi ng ly, City employees may not so li cit co -emp loyees or distribute literature of any kind during working time. Similarly, emp loyees my not solicit or distribute literature to another emp loyee who is on his or her working time. Working time does not include such time as your meal break or break periods. To he lp ensure a clean and safe workplace, employees may not distribute literate or any kind in any work area (all areas where City employees perform job assignments, except those generall y accessible to th e public) even during non-working time . Examples of non-work areas include areas that are generally accessib le to the general public, break rooms and parking lots. 8.16 SU SHINE FU OS Employees may voluntarily donate funds in small a mounts for the purchase of birthday cards, cakes, flowers , etc., birthdays , funerals , farewells , and simi lar events for the benefit of fe ll ow employees. Co lle ct io n of s uc h "s un shine" funds s hou ld be on a work-site basis and wi ll not involve City funds . So li c itation of sunshi ne funds must be conducted in accordance with the C ity's so li citatio n policy. A ll participation in the fund is voluntary. o emp loyee is requi red to contribute . 8.17 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST Employees shall not, directly or indirectly, engage in o uts id e employment or have a financial interest in any venture that, in the judgment of the Mayor, may conflict, with the best interests of the City or interfere with the employee's City job . Examp les include, but are not limited to , ou ts id e employment that: 1. Prevents the employee from being avai lable for work, including emergency or peak work period assignments outs id e the emp loyee's regular work schedu le , 48 espec iall y e mp loyees in th e pub lic utiliti es, publi c works and pub lic safety d e partments; 2 . Is condu cte d durin g the e mpl oyee's regul a r wo rk ho urs ; 3. U ti l izes C ity te lep ho nes, compute rs, s upp lie s, or a ny oth e r C ity resources, fac iliti es o r e quipm e nt ; 4. In vo lves pe rfo rmin g work o r pro mo tin g th e interest of a bu s in ess th at has co ntracts w ith or does bu s in ess w ith th e City ; or 5 . May reaso na bl y be perceive d by me mb e rs o f th e publi c as a co nfli ct of inte rest o r otherwise a di scre dit to publ ic servi ce. 8.18 POLITICAL ACTIVITIES Ci ty e mpl oyees may part ic ipate in po liti cal acti viti e s of thei r c hoosin g provide d C ity reso urces, equipm e nt , suppli es or fa c iliti es are not used in a nyway a nd th e acti v ity does no t adve rsely affect an employees' j o b pe rfo rm ance o r res po nsibi liti es. E mpl oyees may not ca mpa ign on C it y tim e or in a City uni fo rm or w hi le re presentin g the C ity in any way. E mpl oyees may not use C ity fund s fo r pol iti ca l acti vities. An y C ity e mpl oyee, w ho deals w ith th e publi c o r who oth erwise re presents th e C ity to the publi c, ma y not wea r o r d is p lay a n y button, badge o r sti c ke r suppo rtin g or o ppos in g any c a ndid ate or ba ll ot iss ue durin g wo rkin g hours. Empl oyees may not solic it o n C ity p ro pe rt y or Ci ty ti me fo r a contributi o n in s u p port of a pa rti san po l iti cal cause. Except fo r e le cte d C ity officials, no e mp loyee of th e City s ha ll be a candid ate fo r an e lecti ve C ity offi c e whil e active ly e mployed by th e C ity . A n e m p loyee will be granted a leave of a bse nce w itho ut pay and m ay use acc umu lated vacation tim e to e ngage in th ese acti v iti es . T he "po liti cal l imi tati ons" in thi s po licy do not affe ct a ny e mpl oyee's ri ght s to become or to continu e to be a me mb e r of a po liti cal party , to atte nd po li t ica l meetin gs o r to particip a te in po liti cal campa igns in vo lv in g nati ona l, state , county o r local candida tes or iss ues durin g no n-wo rkin g ho urs, or to vo te for th e candi date of hi s o r he r cho ice witho ut interfe re nce o r coercion of a ny kind . E mpl oyees of th e C ity sha ll no t be subj ecte d to an y fo rm of di scrimin a ti o n or a dverse e mploym e nt acti on because of th e ir po liti cal a cti vity or affi li at io n, (unl ess s uch activ ity is prohibited b y thi s po licy.). N o e mp loyee, e lected o r a ppo inte d offic ia l of th e City sha ll in a ny way coerce, atte mpt to coerce or press ure a ny oth e r e mpl oyee (i ) to take pa rt in any political campa ign , or (ii ) to vote fo r co ntri bu te to or s upp ort a ny candida te or cause. No e mpl oyee, e lecte d o r a pp o inted official sha ll so licit a ny kind of po liti cal camp a ign contributio n fefmfro m oth e r e mp loyees w ho work fo r such offi c ia l or sup erv isory e mpl oyee in a s ubo rd inate capac ity. 8.19 NON-FRATERN IZATIO N To e nsure th at no e mp loyee rece ives prefere nti a l treatm e nt, and to avo id even the a ppearan ce of favo riti sm or prefe rent ia l tr eatm e nt , th e C ity does not a ll ow a da tin g o r othe r ro ma nti c re lation ship between sup e rvi so ry emp loyees (in c lu d in g th e Po li ce Ch ie f, U ti liti es Superi nt e nd e nt, depa11111ent headsSuperintende nts. Department H ea ds 49 and all supervi so rs Supervi so rs) and non -supervisory City employees. A violation of this policy is a ground for discipline, including dismissal. If a supervisory and a non- supervisory employee begin to date or become involved in a romantic relationship, regardless whether working the same department, one of the two employees will be required to resign or be dismissed. The employees involved will be allowed to decide which employee will resign. If neither employee voluntarily resigns , the City will dismiss one of the two employees based on the City s business needs. Factors to be considered include the particular skills and experience of the employees invol ved, and the comparative difficulty of replacing the employees. If these factors are relatively equal , the least senior employee will be dismissed. 50 SECTION 9-DISCIPLINE 9.01 INVESTIGATION OF MISCONDUCT To protect City empl oyees and City property, th e C ity must be a bl e to investigate suspected un a uth ori zed co ndu ct. Employees are required to cooperate and to ass ist in the City in in vesti gatin g un autho rize d conduct. An employee's refusa l to coo perate in an investi gat ion, includin g a refusal to submit to search or contro ll ed s ub stance or alco ho l test, if re qu ested to do so, is a gro und fo r di sc ipl ine , inc lu ding di smissa l. As a co nditi on of continued em pl oy ment , th e City has the right , to conduct reaso nable sus pici on (a) testin g for use of illegal dru gs or controll ed substances by the emplo yee, (b) searches of emplo yee vehicles , wo rk areas and persona l property o n City premises . Emp loyees in certain safety sensi ti ve posi ti o ns are subject to random co ntroll ed substance testing . 9.02 DISCIPLINARY ACTIO Vio lati o ns of rul es of conduct or empl oym ent poli c ie s (i nc ludin g any condu ct deemed unacceptable in the workp lace) or un sati sfacto ry j ob performance may res ult in d isc iplin e, in cludin g di smissal. Supervi so rs and Dep artment Heads should stri ve to recogni ze performance problems as potential di sciplin ary problems before disciplinary action becomes necessary. Superv iso rs and Department Heads are encouraged to counsel emplo yees in an effo rt to avo id di sc ip lin ary action . In the event th at di sc iplin e is necessary , the following types of disciplinary acti ons may be used, de pending on the parti c ular s ituation . The City reserves the ri g ht however, to determin e wheth er mi sco nduct or performance shortcomin gs are so unacceptable that imm ediate dismissal is warranted for the first offe nse. Verbal Warning. A verbal warning is ap propri ate to notify the empl oyee of performance shortcomings or minor violati o ns of City po li c ies or proced ures in an effo rt to help the employee impro ve. The immediate supervisor us uall y issues ve rb a l warnings. The Employee Record N otation Form w ill be used to document a verbal warni ng. The notati o n form wi ll be mai ntain ed in the empl oyee's personnel fi le. Verba l wa rning s are not subj ect to the di sciplinary proc edures in Secti on s 9 .03 and 9.04 . w hi ch sha ll not a ppl y to a ve rba l wa rning. Written Warning. T he writte n wa rnin g wi ll describe th e un acceptabl e co ndu ct or perform ance. The employee's Department Head w ill rev iew the memorandum with the employee. The emplo yee is required to s ign the written warnin g to acknowledge receipt of the warnin g. The employee 's signature does not mean that th e employee agrees "i,vith the reprimand , onl y that he or she acknow ledges the written warnin g took place and un derstand s th e warnin g. A co py w ill be mainta ined in the employee 's personnel file. A wri tten warnin g ma y be g iven w ith ou t a prior verbal warn ing if the D e partm ent Head determines it is warr anted. Written warning s are not s ubj ect to the di sci plin a ry procedure s in Secti o ns 9.03 and 9.04 . w hi ch sha ll not a ppl v to a w ritten wa rning . 51 Suspension . As pa rt of progress ive di sci pline if a n employee has receive d ve rb a l o r w ritte n waming(s), or fo r pe rfo rm a nce o r po lic y v io lati o ns d eem e d mo re se ri o us, a n e mpl oyee may re c e ive an unpa id sus pe nsio n o f up to 30 d ays w itho ut pay. _The De pa rtm e nt He ad m ay initi a te s uspens io n._ T he le ngth of the s uspe nsio n w ill vary d e pendin g upo n the s eve rity o f the offe nse o r pe rfor ma nce s ho rt co m ing a nd th e empl oyee's pri o r di sc iplin ary o r pe rfo rm a nce re co rd ._ If warra nt e d , th e e mpl oyee may be s us pe nd ed as th e fir st ste p in th e process. _E m p loyees a re not a ll owed to use pa id vaca ti o n w hi le o n sus pen s io n. Except as otherwise prov ided unde r th ese Perso nn el Rules. the di sciplin al)' procedures in Sectio n 9 .03 do a pp lv to unp a id s us pe nsi o n . Dismissa l. T he fin a l st e p is di smi ssa l, w hi c h ge nerall y is initi ated by t he D epartm e nt H ead . (The City Cl e rk a nd th e C itv T reas ure r a re s ub ject to di smi ssa l bv the C it v C o unc il as pro v ided in Secti o n I :05 o f t he se Perso nnel Ru les a nd A la ba ma C o d e § 11-43-3). E mpl oyees who fa il to improve th e ir co ndu ct or pe rfo rm a nce afte r progre ss ive di sc ipline w ill be di smi ssed ._ T he C ity reserves th e ri g ht to di smi ss a n empl oyee witho ut fi rst g iv in g a verb a l o r w ritte n warn ing , o r a s uspensio n, if th e C ity de te rm ines th a t th e mi scondu ct o r un acceptabl e perfo rm a nce justify imme di ate di s mi ssa l. T he Ma yo r a nd the C it y Co un ei l mu st ap pro \·e the dec is ion to t e rmin ate a n ap po inted offic ia l Except as oth e rw ise prov ided under th ese Perso nnel Rules. the di sc ipl ina ry procedures in Sect io n 9 .03 do app ly to di smi ssa l fo r di sc ip lin a1)' reasons a nd un sati sfactory jo b per fo rm a nce. 9.03 PRE-DI SCIPLINA R Y REVIEW Before a-na covered empl oyee is di sc iplin e d , (s us pe ns io n w ith o ut p ay, de motio n that res ult s in loss of pay, o r di smi ssa l,) the empl oyee will have th e o ppo rtunity to o bta in rev iew of th e pro posed di sc iplin e by th e e mpl oyee 's D e pa rtm ent Head . Any pro posed di sc iplinary acti o n aga in st a n e mpl oyee (in c ludin g regul a r full -time, regul a r part-ti me, pro bati o na ry a nd tempo rary e mpl oyees) sha ll be referre d to t he Hum an Reso ur ces D irector fo r rev iew. Before di scipl ine may be imposed , th e emp loyee sha ll be ad vised of th e reason fo r th e proposed di sc ipline a nd th e nature of the pro posed di sc ip lin e to be imposed . If t he e mpl oyee d es ires th e o pportunity to res po nd to th e p ro posed d isc iplin e before di sc ipline is imposed, th e e mpl oyee sha ll de li ver a writte n req ues t fo r rev iew, sig ne d and d ated by th e e mpl oy ee, to th e Hum a n Reso urces Director wi thin o ne (1) wo rkin g day after th e em pl oyee receives no ti ce of the pro posed di scip lin ary acti o n. If th e e mpl oyee tim e ly de li vers no tice of a re qu est fo r re view, a pre - d isc iplin a ry review w ill be sche dul ed with th e e mpl oyee's De pa rtm e nt Head a nd the Huma n Reso urces Director with in three wo rkin g d ays , unl ess the tim e is ex te nded by th e Hum an R eso urces Dire cto r fo r bu sin ess re aso ns . A t th e pre -di sciplin ary rev iew, th e e mpl oy ee will have the o ppo rtun ity to present any res po nse the e mpl oyee may w ish to offe r t o th e reason fo r th e p ro posed di sc ipl ine o r the nature of the di sc ipline to be imposed . Th e emp loyee may p rov id e a ny docum e nts th e e mpl oyee w ishes th e D e partme nt Hea d to co ns id e r and may id e nti fy a ny w itn esses the e mpl oyee be li e ve s sho uld be interv iewed before th e di scip line is imposed . T he pre -di sciplinary review is th e o ppo rtunit y fo r the e mpl oyee to g ive hi s o r her "si de of 52 9.04 the story" before th e d ecisi o n is m ad e to impo se di sc ipli ne. T he pre -di sc iplin a ry review sha ll be in fo rm a l. Foll ow in g th e pre -di scipl inary rev iew, th e D e pa rtm ent H ead wi ll m a ke the d ecision w he th e r di sciplin e s ho uld be imposed a nd , if so , the natu re of th e di sciplin e to be imposed . T he D e pa rtm e nt Head may a pprove, di sappro ve o r mo di fy a ny pro posed disci plin a ry acti o n . At th at t im e , th e C ity w ill proceed with the di sciplinary acti o n . W ithin five (5) wo rkin g days after th e pre-di sc iplin ary rev iew , the Huma n R esources Director wi ll d e li ver wr itte n no tice to th e e mpl oyee co nfirm ing th e d ecis ion of th e D e pa rtm e nt H ead . In t he di scret io n o f th e D e pa rtm e nt H ead base d o n the bes t in terest of th e C ity, a n e mpl oyee may be s us pe nd ed w ith pay pe nding co mpl e ti o n o f th e pre - disc ipl inary review. Th e d ecisio n of th e D e pa rtm e nt Head to iss ue a verb a l o r w ritten d isc iplin ary warnin g is n ot s ubject to furth er rev iew. If a covered regular full-tim e e mp loyee w ishes to requ est a post-discipline hearin g effor a di sc iplin ary s usp ensio n w itho ut pay, a de moti o n that resu lts in a loss o f pay, o r d ismi ssa l, th e empl oyee may fi le a g ri evan ce unde r th e Griev an ce Pro cedure describ ed belewin Sect io n 9:04 a nd req uest rev iew by the C ity 's Personne l Board . A request for predetermination review is not a sub stitute for a complaint under the City's "EEO/Harassment Policy." If an emplo y ee believes that any disciplinary decision violates the City's "EEO/Harassment Policy," in addition to seeking a predetermination review, the emplo yee must utilize the "Complaint Procedure" under the "EEO/Harassment Policy." De pa rtm e nt Head s a nd Execut ive Emp loyees. w ho a re appoi nted by th e C it y Council. do n ot have access to t he G ri evan ce P ro cedur e in Secti o n 9.04 . If th e Mavo r makes the dec is io n to d is mi ss. d e mo te. or s uspe nd w it ho ut pay. one of t hese e mpl oyees. th e e mp lovee sha ll have the right to a ppea l the dec is io n to th e C itv Co un c i l w ith in te n (10 ) d ay s after th e E mp loyee receives w ritten no ti ce o f the Mavo r 's decis io n . On ap peal. th e C ity Co un c il sha ll m ake th e fin a l dec isio n. Afte r a hearin g o n the ap peal. th e C itv Counci l in it s so le di scre t io n mav a pprov e . re scind o r modi fy t he M ayo r 's decis io n bv m a jo ri t y vote of t he membe rs o f the C ity Co un c il. T he Citv C lerk a nd the C it y Treas urer may be di smi ssed based on a recomm enda tion by the M ayo r a fter affo rding th ese A ppo inted O ffic ia ls ' pre -d isc iplin a rv rev iew und er Sect io n 9 .0 3 . Ho weve r. th e d ecis io n to di smi ss the C itv Clerk or t he C it v Treasurer during hi s o r he r term o f offi ce mav be ma d e on ly fo r '·cause'· afte r a hea rin g be fo re th e C it y C o un c i l by 2/3 vote of t he me mbers of the C itv Counci l. if ......-l GRIEVANCE PROCEDURE The City re c ogni zes th at so metimes situ ati o ns ari se in whi ch a n empl oyee fee ls th at he o r she has not been treated fai rl y o r in accord ance w ith C ity polic ies. For thi s reason, th e €-i-tyQ!y prov id es a n "Open Door" po li cy that e mpl oyees may use to see k review of any e mpl o ym e nt-re lated compl a ints. A regul ar full-tim e e mpl oyee w ho see ks re,;ie w ofis granted a c cess to a post- d isciplin ary hea rin g und e r th ese Pe rso nne l Rules o n a dec is io n imposin g a di sciplina ry un pa id s uspe n sio n, a--d e motio n that res ults in loss o f pa y, o r di smi ssal, t he e m p loy ee may fil e a "grievanc e " und er th is Gri evance P rocedure . However, if an employee 53 believes that a disciplinary action violates the City's "EEO/Harassment Policy," the employee also must use the "Complaint Procedure" under the "EEO/Harassment Policy" in addition to filing a grievance. If the employee wis hes to file a grievance under t-hethis Grievance Procedure, the employee mu st prepare a written grievance and deliver the grievance to the Human Resources Director within three (3) working da ys after the employee is notified of a final disciplinary action (suspension without pay, demotion resulting in loss of pay, o r dismissal). The grievance should describe the disciplinary action taken and the reason(s) the employee believes the disciplinary deci sion should be changed or rescinded. If the emp loyee believes that a specific City policy or procedure under these Personnel Rules has no t been fo ll owed or has been misapplied, the employee s hould identify the policy or procedure . The grievance should also include the remedy sought by the employee. The grievance must be signed and dated by the employee. The Human Resources Director will forward the employee's grievance to the City's Personnel Board. As soon as practicable, the Personnel Board will schedule a hearing on the grievance. The employee, the Department Head and the Mayor shall be given written notice of the time, date and place of the hearing. The Personnel Board will hear the employee grievance and issue a decision on the grievance. +he-Except as otherwise required bv law. the Perso nnel Board's hearing shall !lQL be open to the public un l-ess the character or good name of the employee is at issue and the employee requests a closed hearing." The hearing shall be informal. The Personnel Board is not required to fo ll ow rules of procedure or rules of evidence applicab le in court or administrative proceedings. The employee sha ll have the right to appear, to present testimon y, documents and witnesses, to question witnesses offered by any other party, and to be represented by legal counsel. The City shall have the same rights in responding to the emp loyee's grievance. The Perso nnel Board , in its discretion , may a llow any other party whom the Board deems to have an interest in the grievance proceeding to appear and to exercise the same rights to participate in the hearing. If the employee fails to attend the hearing or to notify the Director of Human Resources a nd the Chairman of the Personnel Board that, for good cause, he or she w ill be unable to attend the hearing, the Board shall dismiss the appeal. The Personnel Board may approve, disappro~·erescind or a-Hefmodifv the decision that was appealed. Within ten calendar days after the hearing, unless the Board for good cause extends the time, the Personnel Board w ill issue a final decision on the grievance. The decision of the Perso nnel Board is the final act ion that w ill be taken by the City on the employee's grievance. The Personnel Board shall not have any authority to disapprO\·erescind or modify any adverse employment action (including but not limit ed to dismissals resu ltin g from job elimination or a reduction in force) implemented by the Mayor with the approval of the City Council based upon budgetary or other financial constraints. Part-time employees, probationary emp loyees, temporary employees, Department Heads a nd Appointed Officials do not have access to the Grievance Procedure. 9.05 EMPLOYEE'S PROTECTION 54 Any employee who u ses the pre-determination re view procedures or grievance procedure, or who participates as a witness, w ill not be s ubj ected to discipline, reprisal or retaliation for doing so . 9.06 LAW ENFORCEMENT PROCEDURES +heUnder A la ba ma law. '·law e nforcement officers " may not be s ubjected to an unpaid sus pen s io n. dem otion o r d ismi ssal \Nith o ut "cause.'· The Citv of Fairhope Police De partment has de veloped discip linary procedures for law enforcement officers in accordance with StateAJabama law. See the Police General Orders (PGOs) for more information.1 Accordingly, the Pre Disciplinarypre -disciplinarv and grievance procedures prescribed bv the PGOs s ha ll apply to "law enforceme nt offi ce rs" and the procedures described above shall not apply to law enforcement offic e rs covered by tl-let hese PGO procedures. 55 SECTION 10 -TERMINATION OF EMPLOYMENT 10.01 TYPES OF TERMINATION The City recognizes four types of termination: Retirement, Resignation , Job Abandonm ent, ("Voluntary Quit,") and Di smissa l 10.02 RETIREMENT Employees desiring to retire should contact the Human Resources Director as far in advance of their anticipated retirement date as practicable. Certain deadlines are established by the Retirement Systems of Alabama that must be met. In addition, a schedu le for payment of any accumu lated sick le ave must be developed. 10.03 RESIGNATION Because of the at-will nature of employment with the City, employees may resign at anytime for any reason. However, to be eligible for re-hire , an employee must resign in good standing by providing a minimum of two weeks written notice of resignation. The City does not guarantee that the employee will be a ll owed to work the full two- week period. Employees who resign in good standing will be paid for accumu lated paid vacation time upon resignation. 10.04 JOB ABANDO MENT ("Voluntary Quit") Employees who quit without proper notice wi ll be deemed to have abandoned their job and generally wi ll not be eligible for re-hire. Employees who fai l to report for work for three (3) consecutive scheduled wo rk days , without notifying their supervisor or Department Head, wi ll be considered to have abandoned their position with the City and will be deemed a "vo luntary quit". IO.OS DISMISSAL Dismissal is an involuntary termination of emp loyment. Dismissals generally involve an economic reductio n-in-force , dismissal during the probationary period, dismissal for unsatisfactory job performance, or dismissal for misconduct. l Iowe,·erl-l o wever. except as otherwi se s pecificallv provided under these Perso nn el Rules. emp loyees are subject to dismissal at any time for any reason the City deems sufficient. 10.06 REDUCTION-IN-FORCE The Mayor may reduce the workforce for lack of work, budgetary restnct1ons , reorganizations or other circumstances that j ustify such action~ s ubj ec t to a ppro val o f the Citv C o uncil. If a reduction-in-force is necessary, emp loyees will be retained based primarily upon the needs of the City-a-oo, the qualifications required to perform the remaining jobs~. demon stra ted job perform a nce. and emplo yment rec o rds. If relevant qualifications are relatively equal, the empl oyee with the--greatff--length of service WH-t.!Ilfil'. be retained .a factor. Emp loyees, w ho are dismissed, as part of a reduction in force , will be paid for accumulated vacation upon termination. 10 .07 EXIT INTERVIEW The Human Resources Director or Department Head w ill conduct an exit interview with each employee whose employment with the City terminates. The C ity wants to 56 ens ure that the reason for termination is not based up on a misunderstanding. Further, the C ity we lcomes suggestions on how to improve working co nditi o ns for Ci t y emp lo yees. At the exit interview, the C ity wi ll a lso make arrangements fo r the emp lo yee's final pay and determine w hether the empl oyee is eligi bl e to be paid for any accumulated vacati on. Finally, empl oyees covered by the gro up health insurance plan w ill be given in formation about their ri ght to continu e the in suran ce coverage at gro up rates for a limited time under COBRA . 57 SECTIO N 11 -P ER SONNEL BOARD 11.01 SELECTIO N OF MEM B ERS The Personnel Board is an independent review board comprised of five (5) City residents appointed by the Mayor and confirmed by the City Council. Members serve five year staggered terms, with one new member appointed or reappointed each year. 11.02 QUA LI FICAT IO NS OF MEMBE RS Persons appointed to the Board must be qualified voters of the City and must have resided in the City for at least four ( 4) years immediately preceding appointment. A person may not be a member of the Board while residing outside the City limits , while employed by the City, while holding an appointed or e lected office with the City or while running for an elected municipal office. 11.03 REM OVALS AN D VACANCIES If a member of the Board is absent from three meetings without being excused by the Mayor, the member shal l be automatically removed and the po s ition on the Board shall become vacant. A member of the Board may be removed for just cause by the Mayor with the approval of two -thirds of the members of the City Council. The decision of the Mayor and City Council shall be final. A person appointed to fi ll a vacancy created by the removal or resignation of a Board member prior to the expiration of the member's term shall hold the position on the Board for the remainder of the unexpired term. 11.04 DUTIES The Board shall elect a Chairperson and may establish its own rules of procedure. The Board shall convene and hear grievances under the Grievance Procedure in Section 9.04 above. 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ADAMS, Ph.D. 307 Blue Isl and St. Fairhope, Alabama 36532 251-928-2707 College of Medicine, University of So uth Al abama, Department of Family Medicine, Associate Professor. • Teach Family Medicine resident physicians about family dynamics, family systems and fami ly v iolence, in cluding domestic vio len ce, physical and sexual abuse. • Member of integrated care team , i.e. physicians, nurses, mental health provid ers, in on-site medical clinic at Penelope House , shelter for battered women. • Member of National Task Force for Domesti c Violence. • Supervise Family Medicine resident physicians in addressing psychosocial issues of patients. • Provide guidance and supervi sion of Family Medicine resident physicians for professional and personal development. • Provid e guidance and supervision of Psychiatry resident physicians for professional and perso nal development. • Train Family Medicine resident physicians in brief counseling ski ll s . • Member of a team of physician s and behavioralists that developed, coordinates and teaches a longitudinal two-year course teaching Fundamentals of Doctoring for first and second year medical student s. • Adjunct Assoc iate Professor, Physician's Assistant Program. Doctors A dams and Sn ow, Counseling and Consulting, L.L.C., Partner. 19 73- current. Consultation S kills : • Effectively so lving problems, increasing work gro up efficiency, resolving conflict, and enhancing cohesiveness using the action-research model. • Designin g and conducting trainin g in diagnostic leadership models for executives and managers . • Corporate and individual coaching . • Teaching and implem enti ng effective conflict-reso lu tion models. • Implementing team-building, leadership training, and executive coaching. • Assisting organizations in envisioning the future and dev e loping long-tem1 goals. • Developin g and evaluating pro grams. • Parti a l listing of clients: • Tennessee Department of Mental Health • North Miss issippi Hea lth Systems • The Grand Hotel , Point Clear • Dep artme nt of Family Medicine , College of Medicine , USA • Wilmer Ha ll Children's Home 2 Martha S. Adams, Ph.D. Clinical Specialties: • Facilitating gro up s in planning and implementing individual and relationship change. • Providing individua l, coup le, and group psychotherapy. • Teaching stress management skills and assertive problem-solving methods . • Treating medical and stress-related injuries and illnesses. • Treating addic tion s and co-dependency. • Train ing, teaching and providing psychotherapy for other professiona ls, including mental health providers, physicians and clergy. • Providing psychotherapy for a variety of problem s. • Providing persona l, indi vid u al coaching . PAST POSITIONS: Episcopal Diocese of the Central Gulf Coast, Consultant. • Designed and implemented training in Sexu al Ethics to clergy, professional staff and volunteers. • Served as Co-Di rector of Camp B eckw ith and Youth Services for the Dio cese, 1973-76 . • Coordinator of Conflict Resolution Commission. Roman Catholic Archdiocese of Mobile Marriage Tribunal, Consultant and Expert Witness, 1996-2003. • Conducted psychological evaluations of candid ates for annulment. • Provided a written eva lu ati ve report to the court. EDUCATION: Ph .D., Counseling and Organizational Psychology: California Coast Univers it y. M.S., Ps y chology: California Coast University. B.S., Ps y cholog y : New York State University. PO STGRADUATE TRAININ G: Organizational Behavior and Culture Transformation . Corporate and Executive Coaching. Individual Assessment for Bu siness and Ind ustry. Treating Work D ysfunctio n s . Conflict Resolution . A lcoholism and Addictions. Behavioral Medi cine. Assessing and Treating Trauma. Treatment of Sexual Dysfunction and Trauma Multicu ltu ral Sensitivity and Cultural Competency. Martha S. Adams, Ph.D. LICENSES: Licensed Professional Counselor, #101 State of Alabama. BOARD CERTIFICATIONS: National Academy of Certified Clinical Mental Health Counselors . National Board for Certified Counselors. American Board of Medical Psychotherapists. PROFESSIO AL AFFILIATIONS: American Academy of Behavioral Medicine: Diplomate . American Counseling Association. American Group Psychotherapy Association. American Mental Health Counselors Association. International Transactional Analysis Association, Certified Clinical Member. Society of Behavioral Medicine. Society for Teachers of Family Medicine 3 DIANA D. SN OW, P h .D . 3 07 Blu e I sl an d S t. Fa i rhop e, A labam a 36532 251-928-2707 PROFESSIONAL EXPE RIENCE Coll ege of Medi ci ne, U ni ve rsity of So u th Al aba ma, D epartment of Fam il y Medici n e, Associate Profess o r, 1997 to pre sent. • Train interns and residents in family dynamics , family systems and family vio lence, including domestic violence, physical and sexual abuse. • Training and supervision of intern s and residents at on-site clinic at a she lter for battered women and their children. • Member of ational Task Force for Domestic Violence. • Part icipate in Departmenta l research. • Train residents in brief counse ling skills. • Provide hands-on training and feedback to residents in an integrated model of patient care. • Lead a weekly group for Psychiatry Residents in personal and professional deve lopment. • Train other professionals , staff, community agencies, etc. as needed. • Adjunct Associate Professor, Physician 's Assistant Program. • Deve loped a longitudinal two-year course for the College of Medicine to teach Fundamentals of Doctoring to first and second year medical students. Serve as member of a team of physicians and behavioral scientists to coordinate this course. Do cto rs A d ams and S n ow , C oun se ling and Cons ultin g, L .L.C., a private practice , since 1973 , Partner. Clinica l areas of expertise: • Individ u als, families, group psychotherapy • Medical and stress-related injuries and illnesses, chronic pain • Po st-Traumatic Stress Disorder • Sexual Trauma • Domestic Violence • Addictions, A.C.O.A. and Co-dependency issues • Spiritual Recovery Consu ltation and Training areas of expertise: • Empowering systems, indiv idua l and corporate. • Consultants for business , organization development, corporate coaching. • Goal-setting, team-building, conflict resolution, program development. • Consultants to medical and service delivery systems. • Partial list of clients: • The Grand Hotel , Point Clear • DuPont Chemical Company • South Central Bell • Wood E lectric Company 2 Diana D. Snow, Ph.D. • Lightfoot and Lightfoot, Surgical Associates • Diegman and Roh, OB-GYN • Episcopal Diocese of the Central Gulf Coast OTHER PROFESSIONAL EXPERIE CE • Co-Director, Youth Services, Camp Beckwith and Christian Education, Episcopal Dioces e of the Central Gulf Coast, 1974 -1976. • Adjunct Professor, Union Graduate School , 1988 -1996. • Instructor in Psychology, Springhill College, 1976 -1981. • Mental Health Planning Consultant, Baldwin County Mental Health Project, 1972- 1973. • Counselor, The Frank Kay Clinic, P.A., 1972 . • Psychologist, University of Alabama Medical School , Pediatric Department. • Senior Unit Psychologist, Bryce State Ho spital , 1970 -1972. EDUCATION Ph.D. in Counselor Education , Univers ity of Alabama, 1981. Minors : Clinical Psychology, Educational Psychology. M.A. in Rehabilitation Counseling, University of Alabama, 1970. Internship: West Alabama Rehabilitation Center. B.S. in Elementary Education , University of Alabama, 1961. POST GRADUATE TRAINING • Organization Behavior, University of Alabama. • Behavioral Medicine, Harvard Medical School. • Organi z ational Behavior and Culture Transformation , Creati ve Dimension s in Management • Individual A s sess ment for Business and Industry; Treating Work Dysfunctions , Development Laboratories . • Alcoholism and Addiction Related Problems , American Board of Profess ional Psychology and Rutgers University. • Comprehensive Treatment of Sexual Trauma, Masters and John son Institute for Treatment of Sex ual Trauma. • Diagnosis and Treatment of Childhood Trauma , Lenore Terr, M .D ., Childhood Trauma Speciali st. • Corporate Coachin g . • Multicultural Sensitiv ity and Cultural Comp entency. • Theological Edu c ation by Ex ten s ion , Educ ation for Ministry, St. Luke's School of Theology, Uni vers it y of the South. 3 Diana D. Snow, Ph.D. LICENSES • Licensed Professional Counselor, State of Alabama # 161 . BOARD CERTIFICATIONS • National Academy of Certified Mental Health Counselors. • National Board for Certified Counselors. • American Board of Medical Psychotherapists. • Approved Provider of Continuing Education #60 12 : National Board for Certified Counselors. PROFESSIONAL ORGA IZATIONS • American Psycholo gica l Association, Health Psychology Division , Member. • Society of Behaviora l Medicine, Member. • American Association for Marriage and Family Therapy, Clinical Member and Approved Supervisor. • International Academy of Behavioral Medicine, Counseling and Psychotherapy, Member. • International Transaction Analysis Association, Certified Clinical Member. • American Coun seling Association, Memb er. • American Group Psychotherapy Association, Member. • American Academy of Behavioral Medicine , Diplomate. • Society for Teachers of Family Medicine . ' Mobi le Office.: Paul D. Myrick pdm@kullmanlaw.c om JACKSON MYRICK The Kullman Firm 1100 Riverview Plaza 63 South Ro y11I Stred Mobile, Alabam• 36602 A Professional L11w Corporation www.kullmanlaw.com January 27, 2009 Via e-mail Timothy M . Kant, Mayor (tim.kant@cofairhope.com) Debbie Quinn (debbiequinn@bellsouth.net) Dan Stankoski (dstankoski@bellsouth .net) Lonnie Mixon (mixonmav@bellsouth.net) Mike Ford (mikefordrealtycompany@msn.com) Rick Kingrea (rkingrea@311magnolia.com) Re: City Council As Appointing Authority. Dear Mayor Kant and City Council Members : Post Office Box 1287 Mobile , Alabama 36633 'relephone: (251) 432 -1811 Facsimile: (251) 433-1230 Attached is a proposed Ordinance vesting the City Council with the authority to appoint and hire Department Heads and the other executive employees previously identified in Ordinance No . 1374. The proposed Ordinance repeals and replaces Ordinance No. 1374. The proposed Ordinance delegates the City Council as the appointing authority for these employees and allows the Council to util ize the Mayor to recru it applicants and to recommend an applicant for the particular decision. However, the City Council is solely responsible for the final decision. The proposed Ordinance expressly dele gates to the Mayor the authority to discipline and dismiss the designated employees. The reason for delegating this responsibility is twofold . First, as the chief of executive officer of the City, the Mayor needs the flexibility to manage these employees , and the Mayor is in the best position to evaluate job performance and the need for any disciplinary action . Second, to the extent permitted by law, authorizing the Mayor to make discipline and dismissal decisions in the first instance should avoid the undue publicity that may result if all such decisions are made at City Council meetings subject to the Alabama Open Meetings Act. Nevertheless , the final decision to discipl ine or dismiss these employees would be vested in the City Council. Thus, if the Mayor makes a decision to impose a d isciplinary action that would involve a loss of status or pay, such as demotion, a suspension without pay, or dismissal, the employee would have the right to appeal that action to the City Council. As the appointing authority, the City Council would then have the final authority (and the sole discretion) to decid e whether to approve, rescind or modify the Mayor's decision . The proposed Ord ina nce currently allows City Counc il to Baton Rouge Offi~: 4/iOS Blutbollnct Blvd.·Sui~ A Baton Rouge. Loui>ia,,-70 HU9 (225) 906-42 50 BirminahJm Office : Suil o ~40 ·600 University Place Binningham, Alabama 3520? (20~)671-5858 Columbu., Office ; Suite 50.S-Court S4uarc Towrn WO 6'" ~1ro<1 Nonh Colw:.ll>w, Miui~ippi J9701 (GG2) 244,8824 J~kson Office : Suite 120 · 1640 l,eHa Drivi: Jackson . MiSJissipp i 39216 (60 I) 366-2990 New Orluns Office : I 600 Energy O:ntrc 1100 Poydrru Sm:ct N•w OrlCAns, LouisianA 70163 ('°4) 524-4162 Timothy M. Kant, Mayor January 27 1 2009 Page 2 of 5 make the decision by majority vote. You may, of course, choose to require a two-thirds vote , which is consistent with the vote required by statute to remove elected officials (the City Clerk and City Treasurer), from office for "good cause" during their terms of office. See Alabama Code§ 11-43-3. The proposed Ordinance does include the Chief of Police , the Fire Chief, the Municipal Judge, the City Attorney and the C ity Prosecutor (as well as any Special Prosecutor or Special Municipal Judge) in the group of employees to be appointed by the Council, subject to discipline and dismissal by the Mayor, with the right to appeal to the City Council as the final decision maker. If an employee does appeal a discipline or dismissal decision to the City Council , two exceptions to the Open Meetings Act or "OMA " should apply, in whole or in part to allow the City Council to deliberate the merits of the appeal In executive session. A recent publication approved by Alabama's Attorney General (though not particularly well written) describes these two exceptions to the OMA. 1. Job Performance, General Reputation and Character, Physical Condition, Professional Competence, and Mental Health. • The first statutory reason includes each type of discussion about an individual listed above . The general terms "physical condition" and "mental health" are not defined by the OMA, but It is certain that any discuss ion clearly falling into these categories -about any person - is an appropriate subject for an executive session . • The key distinction under this subsection is between discussions concerning "general reputation and character" and those concerning "job performance ." Under the OMA, these term s are mutually exclusive. o General rule: Discussions concerning an individual's "general reputation and character" are subject to executive session for all individuals -except when the discussion (also) concerns the individual 's "job performance ," i.e . observed activities on the job of certain high level pub li c employees and officials (i.e., genera ll y those paid $50 ,000 or more). Any discussion concerning an individual's "job performance" must be held openly. Thus , Timothy M. Kant, Mayor January 27, 2009 Page 3 of 5 the OMA defines each of these terms, and sets forth the classes of persons whose "job performance" cannot be discussed in an executive session. o General Reputation and Character • Defined: "characteristics or actions of a person directly involving good or bad ethical conduct, moral turpitude , or suspected criminal activity, not including job pertonnance" • Thus, all discussions, for any individual, that 1) fall under this definition , and 2) do not meet the definition of "Job Performance, 11 can be discussed in an executive session . o Job Performance • Defined : 'The observed conduct or actions of a public employee or public official while on the job in furtherance of his or her assigned duties." • This includes "whether a person is meeting, exceeding , or failing to meet job requirements or whether formal employment actions should be taken by the governmental body." ■ If a discussion is based on conduct or actions that meet this definition , then the body can call an executive session only if the individual being discussed does not fall into any of the following categories . • An elected or appointed public official • An appointed member of a state or local board or comm ission ■ A public employee who must file a Statement of Economic Interest under Section 36-25-14 of the Code of Alabama Timothy M. Kant, Mayor January 27, 2009 Page 4 of 5 • • *** • In addition to 24 specified types of public employees/officials , it includes all public employees who make $50 ,000+ per year . • Note: - Salaries/Compensat ion : The OMA specifically provides that discussions concerning salaries, compensation, and "job benefits" of specific public employees and officials do not come under this subsection and cannot be discussed in an executive session . 2 . Formal Complaints or Charges Against an Individual or Legal Entity • An excessive sess ion may be called to discuss or hear "formal written complaints or charges" against any of the followi ng: o A public employee o A student at a public school or college o An individual , corporation, partnership , or other legal entity subject to the body 's regulation • These discussions must be "expressly allowed by federal or state law." Of course, the Council would need to address the applicability of these two exceptions on a case-by-case basis to determine whether all or part of an appeal hearing could be conducted in an Executive Session. In conjunction with City Council's assumption of the authority to hire Department Heads and other executive officers , I have recommended a number of changes in the C ity 's Personnel Rules, Policies and Procedures (also adopted by Ordinance) to avoid conflicts and ensure consistency . A copy of the Personnel Rules, Policies and Procedures with the changes noted is attached . I would direct your attention specifically to Section 1.05, which seeks to harmonize the Personnel Rules with the proposed O rdinance. However, I would urge you to review carefully all proposed changes since the Council must make any decision to accept some or all of the recommended changes by adopting the amended Personnel Rules as an Ordinance. We need to review the proposed Ordinance and the proposed changes in the Personnel Rules . It may be advisable to do so before the upcom ing retreat and Timothy M . Kant. Mayor January 27, 2009 Page 5 of 5 presentation to Department Heads . I would like to explain how the proposed Personnel Rules (which carry forward the intent of the existing Rules) apply to various groups of employees and the legal rationale for the employee relations policies and procedures in the amended Personnel Rules. I know you will have questions and I would hope to address all questions before any action is taken on the proposed changes . Additionally , we may wish to ask the General Counsel of the League of Municipalities to review the Personnel Rules and provide his observations. Although the League will not give a formal opinion, the General Counsel has offered informed and helpful insights in the past. If you have any other questions, please do not hesitate to call. Very truly yours , if~ Paul D. Myrick cc: Lisa Hanks, City Clerk ORDINANCE NO. --- AN ORDINANCE TO REPEAL ORDINANCE NO. 1374 AND TO ESTABLISH THE CITY COUNCIL AS THE APPOINTING AUTHORITY FOR DESIGNATED EMPLOYMENT POSITIONS IN THE CITY OF FAIRHOPE. WHEREAS, the City Council of the City of Fairhope has adopted various resolutions and ordinances vesting the Mayor with the power to appoint certain City employees, including the power to hire , discipline and dismiss such employees subject to the City of Fairhope's Personnel Rules, Policies and Procedures; and WHEREAS, the City Council believes that it is in the best interest of the City to remove the appointing authority for certain employment positions from the Mayor and to designate the City Council as the appointing authority for such employees; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA as follows: SECTION 1: APPOINTING AUTHORITY. Pursuant to the authority granted to the City Council under the laws of the State of Alabama, it is hereby established that the City Council shall be the appointing authority for the following employment positions within the City of Fairhope: Chief of Police; Chief of the Fire Department ; Audit Director ; Tax Assessor ; Tax Collector; City Attorney; City Prosecutor; City Judge ; any special Prosecutor or Acting City Judge; Assistant City Clerk; Assistant Chief of Police; Utilities Superintendent; City Manager; Administrative Assistant; General Superintendent/Planning Director; Administrative Superintendent; City Engineer; Purchasing Director; Senior Services Director; Public Works Director; Human Resource Director; Personnel Director; Maintenance Director; Building Official; Recreation/Youth Director; Revenue Director; Finance Director; Manager of Business Accounts; Golf Director; the Superintendents of all Utility Departments, not limited to Gas, Water , Sewer, Electricity. As the appointing authority , the City Council shall have the authority to hire and appoint employees to fill these positions and may establish the term of employment and prescribe the employment duties for such employees . Unless the City Council by resolution or ordinance establishes a term of employment for an employee subject to appointment by the City Council under Section 1 of this Ordinance , such employees shall be subject to dismissal at any time in the discretion of the City Council. The Council may seek the Mayor's rec ommendation in exercising the City Council's appointing authority for these positions. The City Council delegates to the Mayor the authority to discipline and to dismiss these employees subject to the Personnel Rules, Policies and Procedures of the City of Fairhope . Provided, dismissal , a demotion, or a suspension without pay , shall be subject to such employees ' appeal of the Mayor's decision to the City Council within ten (10) days after an employee receives written notice of the Mayor's decision . On appeal, the City Council shall make the final decision . In its sole discretion, the City Council may approve, rescind or modify the Mayor's decision by majority vote of the City Council. 1 Pursuant to the authority granted to the C ity Council under the laws of the State of Alabama, it is hereby established the City Counc il shall be the appointing authority for the following appointed officials of the City of Fairhope: City Clerk and City Treasurer. The C ity Council shall elect the City Clerk and the City Treasurer at its first regular meeting following the general election of Counc il members, or as soon thereafter as pract icable , and these officials shall continue to hold office until the next general elect ion and until their successors are elected and qualified. At the end of such appointed officials ' terms of office, the City Council in its sole discretion may re-appoint for another term, or appoint and elect another person to fill such posit ion. The City Counc il may remove the City Clerk or the City Treasurer during such official 's term of office for "cause " after a hearing before the Council by two-thirds vote of those elected to the Council. "Cause " shall include incompetency, malfeasance, misfeasance or non- feasance in office and for conduct detrimental to good order or discipline, including hab itual neglect of duty. SECTION II: SEVERABILITY. If any portion of this Ordinance is for any reason held to be invalid or unconstitutional by final dec ision of any Court of competent jurisdiction , such portion shall be deemed as a separate , distinct and independent provision , and such holding shall not affect the validity of the remaining portions of this Ordinance , which shall remain in effect. SECTION Ill: REPEALER. Ordinance No. 1374 is repealed. Any other Resolution(s) or Ordinance(s) or parts of any Resolution(s) or Ordinance(s) conflicting with the provisions of this Ord inance are repealed to the extent such Resolut ion(s) or Ordinance(s) conflict with th is Ordinance . SECTION IV: EFFECTIVE DATE. This Ordinance shall be effective from the date of its approval by the City Council of Fa irhope, Alabama and publication as required by law. APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA this __ day of ______ , 2009. Timothy M . Kant , Mayor Attest: Lisa A. Hanks , City Clerk 2 CITY OF GULF SHORES, ALABAMA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: CITY ADMINISTRATOR PURPOSE OF CLASSIFICATION Code: 5101 FLSA: Exempt The purpose of this classification is to direct and manage the operation of the City under general direction from the Mayor and the City Council, to include management and oversight of all City departments / functions, direct supervision of the City Administrator 's Office, and coord in ation of spec ial projects. The City Administrator is responsible for the implementation of all polic y set by the Council. Work ma y either be performed by the in cumbent or delegated to s ubordinate staff. ESSE TIAL FUNCTIONS The following duties are normal for this position. T he omission of specific statements of the duties does not exclude them from the classification if the work is sim il ar, related , or a lo gica l ass ignment for this classification. Other duties may be required and assigned. Directs and manages the operations of the City: pro vides direction to a ll City functions falling under the authority of the City Council ; supervises a ll subordinate department heads and administrative staff; recommends hiring, evaluates performance, and disciplines senior management personnel an d oversees this pro cess for a ll City emp loye es through subordinate managers; establishes policies and procedures for the overall City functions; oversees and participates in the resolution of inquiries and complaints from the public and other organizations; and establishes , monitors and eva luates progress towards goals and objectives of the administration . Serves as a liaison between City staff, the Mayor, and the City Council: attends all meetings of the City Council; briefs Co uncil Members on City issues; responds to inquiries and provides Council Members with information on the status of City operations and projects ; provides analysis as needed to assist the Council to make infonned policy decisions ; and provides administrative support to the Council Members as needed . Performs financial and managerial analyses for the Mayor and City Council pertainin g to City operations and programs under consideration: gathers information relevant to topic ; evaluates data and makes recommendations based on findings; prepares reports ; and makes presentations to the City Co uncil and other interested parties. Oversees operation s of all City dep artments: se rve s as a liaison between the Mayor and department heads, keeping the Mayor apprised on departmenta l activities; assists departments with resolution of prob lems requiring the attention of City management; monitors and eva lu ates progress of departments toward s the goa ls and objectives of the admi nistration. Facilitates problem solving at all levels in the organization: works with department heads and senior management to ensure effective coordination and coo peration among departm ents; coordinates the continuous review of interdepartmental processes for quality contro l an d improvement; responds to inquiri es from th e public regarding issues unre solved at the departmenta l level. Facilitates internal and external communication throughout a ll le vels of the organization: conducts meetings with department heads and key management staff; focuses indiv idual departmental efforts on the overall goa ls and objectives of the City; serves as a liaison between the City Council and staff. Works with the Finance Director in the development of th e annual budget: reviews departmental budget requests from a ll City functions for inc lu sion in the administrative recommendation to the City Council ; coordinates the sc hedulin g of budget meetings; and ensures compliance with all legal and procedural requirements. © The Archer Company, LLC. Page I of3 Last Revised : August, 2005 -C{ty orGulf Shores• City Administrator FLSA: Exempt 5101 Coordinates spec ial projects for th e City, inclu din g management studies , introduction of new programs, and vario us professional services: defines th e sco pe of the project; identifies and ensures proper allocation of financial, material, and human resources committed to the project; formulates solutions and resolves probl ems ; facili tates implementation of the project; and provides administrative su pport to the proj ect as needed. Oversees professiona l contrac tors and/or cons ultants providing services for City projects: participates in the eva luatio n and selection of contractors/consu ltants ; interfaces with and monitors the contractors/cons ultants to ensure timely and quality completion of project; fac ilitates cooperation with the project throughout the organ izat ion ; and provides information and s upp ort as needed. Assists the Mayor and City Co un cil with strategic and long-range planning for the City: participates in planning efforts at the loca l and regiona l level; keeps City Council apprised of developments at the state and federal level that imp act th e City ; monitors pending legisla tion for impact on the City; oversee co mpli ance with new legislation . Represents the Mayor, C ity Co uncil , and the C ity at vario us mee tin gs, functions, and events : serves as a liaison to various civic or governmental organizations and committees, taskforces , bo ards, and commiss ions; confers regularly wit h officials from the municipalities, school board, chamb er of commerce, au th ori ti es, and commissions; provides information abo ut City operations ; participates in discussions and decisions; and keeps the City Co un cil apprised ofactivities. ADDITIONAL FUNCTIONS Performs other re lated duties as required. MINIMUM QUALIFICATIONS Bachelors degree in Accounti n g, Management or Fina nce with a minimum of five years of local government management experience with ex perience; or any equivalent combination of edu cation, trai nin g, and experience which provides the requisite knowledge , skills, an d ab il iti es for this job . PERFORMANCE APTITUDES Data Utilization: Requires th e ability to coordinate, manage, and/or corre late data. Includes exercising judgment in determining time, pl ace a nd/or sequence of operations, referencing data ana lyses to de termine necessity for revision of organizational components, an d in the formula tion of operation a l strategy. Human Interaction : Requires th e ability to perform in a s up ervisory capacity over s ub ordi na te supervisors. Equipment, Machinerv, Tools, and Materials Utilization: Requires the ability to operate, maneuver and/or contro l the actions of equipmen t, machinery, tools , and/or materials used in performing essential functions . Verbal Aptitude : Requires the ability to utili ze a wid e variety of reference, descriptive, advisory and/or design data and information. Mathematical Aptitude : R eq ui res the ab ility to perform addition , su btractio n, multiplication and division ; ability to ca lculate decimals and percentages ; may include abi lity to perform mathematica l operations involving basic a lgebraic principles and form ul as, and basic geometric principles and calculations . Functional Reasonine;: Requires the ability to app ly principles of influence sys tems, such as motiva ti on, incentive, and leadership , and to exercise independent judgment to apply facts and principles for developing approaches and techniques to resolve problems. Situational Reasonine;: R equires the ability to exercise judgment, decisiveness a nd creati vity in situati ons involving the evaluation of information against sensory, judgmental , o r s ubj ective criteria, as opposed to that which is clearly measurable or verifiable . © The Archer Company, LLC. Page 2 of3 Last Revised : Augu st, 2005 -City ofeulf Shores • City Administrator FLSA: Exempt 5101 ADA COMPLIANCE Physical Ability: Tasks require th e ability to exert very li ght physical effort in se dent ary to light work, involving some reaching, handli ng, fingering and/or feeling of objects and materi als . Sensory Requirements: Some tasks require the a bili ty to p erceive and discriminate colors or shades of col ors, so unds , texture, and visual cues or signals. Some tasks require th e abi lity to communicate oral ly . Environmental Factors : Essenti al functions are regul arly performed without exposure to adverse environment al conditions . The City of Gulf Shores is an Equal Opp ortunity Employer. In compliance wit h th e Amer icans with Disabilities Act, the City will provide reasonable accommodations to qualified individua ls with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. © The Archer Co mpan y, LLC . Page 3 of3 Last Revised: August, 2005 . ,... City of Fairhope PERSONNEL RULES, POLICIES AND PROCEDURES Effec ti ve Date CITY OF FAIRHOPE October 1, 2005 S u erced es: 3/16/1994 PERSONNEL RULES, POLICIES AND PROCEDURES Adopted by the City Council June 27, 2005 Mayor Timothy M. Kant City Council Robert C. Gentle, President Michael A. Ford Debbie W. Quinn J. Cecil Christenberry Daniel R. Stankoski C :\Documcnts and Settings\Rhonda\My Documents\Personnel Manual.doc Revised 10/2006 TABLE OF CONTENTS SECTION 1 -PURPOSE AND SCOPE 1.01 INTRODUCTION 1.02 DISSEMINATION OF THE PERSONNEL RULES I .03 OPEN DOOR POLICY 1.04 CHANGING THE PERSONNEL RULES 1.05 COVERAGE OF THE PERSONNEL RULES 1.06 DEFINITIONS SECTION 2 -EMPLOYMENT POLICIES AND PRACTICES. 2.01 NON-DISCRIMINATION IN CITY PROGRAMS. 2 .02 EQUAL EMPLOYMENT OPPORTUNITY/HARASSMENT POLICY 2 .03 RECRUITMENT AND SELECTION 2 .04 PROBATIONARY PERIOD 2 .05 EMPLOYMENT OF RELATIVES (NEPOTISM) 2 .06 EMPLOYEES OF OTHER AGENCIES 2 .07 RE-EMPLOYMENT OF FORMER EMPLOYEES 2 .08 EMPLOYEE PERSONNEL RECORDS AND PRIVACY 2.09 CLASSIFICATIONS AND RECLASSIFICATIONS SECTION 3 -HOURS OF WORK AND ATTENDANCE 3.01 HOURS OF WORK 3 .02 RECORDING TIME WORKED 3 .03 ATTENDANCE 3.04 BREAKS AND MEAL PERIODS SECTION 4 -WAGE AND SALARY ADMINISTRATION 5 5 5 6 6 6 7 9 9 9 11 14 15 15 15 16 17 19 19 19 19 21 22 4 .01 JOB DESCRIPTIONS 22 4 .02 SALARY CLASSIFICATION AND GRADES 22 4 .03 EMPLOYEE PAY RATES 22 4 .04 OVERTIME 22 4 .05 SPECIAL PROVISIONS FOR LAW ENFORCEMENT AND CORRECTIONS OFFICERS 23 4 .06 ON-CALL EMPLOYEES 23 4 .07 EMERGENCY CALL-IN 23 4.08 SPECIAL EVENTS 23 4 .09 TRAVEL TIME 24 4.10 PAY DAY 24 4.11 DEDUCTIONS FROM PAY 24 4 .12 TRAVEL EXPENSE REIMBURSEMENT 24 4.13 COMPENSATION UPON SEPARATION FROM EMPLOYMENT 24 SECTION 5 -EVALUATION, TRAINING AND DEVELOPMENT 26 5 .01 PERFORMANCE EVALUATIONS 26 5 .02 EMPLOYEE TRAINING 26 5.03 EDUCATIONAL ASSISTANCE PROGRAM 26 SECTION 6 -EMPLOYEE BENEFITS 28 6.01 HEAL TH INSURANCE BENEFITS 6.02 RETIREMENT BENEFITS 6.03 DISABILITY INSURANCE (SALARY CONTINUATION BENEFITS) 6 .04 WORKERS COMPENSATION 6 .05 INSURANCE BENEFITS FOR RETIREES 6 .06 CONTINUATION OF BENEFITS 6 .07 RECREATION BENEFITS 6 .08 BENEFITS FOR PART-TIME AND TEMPORARY EMPLOYEES 28 28 28 28 29 29 30 30 SECTION 7 -TIME OFF FROM WORK 7.01 HOLIDAYS 7.02 BIRTHDAY 7.03 PAID VACATION 7.04 SICK LEA VE 7.05 FAMILY AND MEDICAL LEAVE 7.06 BEREAVEMENT LEAVE 7.07 JURY AND WITNESS DUTY 7 .08 MILITARY LEAVE 7 .09 ADMINISTRATIVE LEA VE 7.10 OTHER LEAVES OF ABSENCE SECTION 8 -EMPLOYEE RESPONSIBILITIES AND CONDUCT 8 .01 CODE OF CONDUCT 8.02 RULES OF CONDUCT 8.03 ARREST OF EMPLOYEES 8.04 SAFETY 8.05 SUBSTANCE ABUSE 8.06 PERSONAL POSSESSIONS 8.07 COMPUTE R USE 8 .08 CELLULAR TELEPHONE USAGE 8.09 PERSONAL USE OF CITY EQUIPMENT AND SUPPLIES 8 .10 USE OF CITY VEHICLES 8.11 DRIVER'S LICENSE REQUIREMENTS 8.12 CITY IDENTIFICATION BADGE 8.13 PERSONAL APPEARANCE 8.14 BULLETIN BOARDS 8 .15 SOLICITATIONS 8.16 SUNSHINE FUNDS 8.17 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST 8.18 POLITICAL ACTIVITIES 8.19 NON-FRATERNIZATION SECTION 9 -DISCIPLINE 9 .01 INVESTIGATION OF MISCONDUCT 9 .02 DISC[PLINARY ACTION 9 .03 PRE-DISCIPLINARY REVIEW 9 .04 GRIEVANCE PROC EDURE 9 .05 EMPLOYEE'S PROTECTION 9 .06 LAW ENFORCEMENT PROCEDURES SECTION IO -TERMINATION OF EMPLOYMENT 10.01 TYPES OF TERMINATION 10.02 RETIREMENT 10 .03 RESIGNATION 10 .04 JOB ABANDONMENT ("Voluntary Quit") 10.05 DISMISSAL 10 .06 REDUCTION-IN-FORCE 10.07 EXIT INTERVIEW SECTION 11 -PERSONNEL BOARD 11.01 SELECTION OF MEMBERS 11.02 QUALIFICATIONS OF MEMBERS 11.03 REMOVALS AND VACANCIES 11 .04 DUTIES .. .-f ~ .... 31 31 31 31 3 3 34 36 36 37 37 37 39 39 39 41 41 42 44 44 45 45 45 46 46 46 46 46 47 47 47 48 49 49 49 50 51 52 52 53 53 53 53 53 53 53 53 55 55 55 55 55 SECTION 1 -PURPOSE AND SCOPE 1.01 INTRODUCTION These Personnel Rules, Policies and Procedures ( "Personne l Rules ") for the City of Fairhope were adopted by the City Council and approved by the Mayor in Ordinance No. 1255 . These Personnel Rules repeal and supersede the Personnel Rules Policies and Procedures adopted by Ordinance 955 effective March 16 , 1994. The Personnel Rules state the City's employment rules , policies and procedures, and generally describ e employment benefits. Emp lo yees sho uld become thoroughly familiar with the Personnel Rules. Any questions about the rules , policies, procedures or benefits should be directed to the City's Human Resources Director. For the City to meet the needs and expectations of its residents, the City must employ qualified individuals who perform their jobs to the best of their abilities. The employment relationship between the City and its employees is based upon mutual trust and mutual satisfaction. Either the employee or the City may terminate the employment relationship at any time for any reason. These Personnel Rules do not: (i) obligate the City to continue an employee's employment for any particular length of time; (ii) create a contract of employment between the employee and the City; or (iii) create a property right or any other right to continued employment with the City. However, the adoption of these Personnel Rules is not intended to deprive any employee of any accrued employee benefits (for examp le: accumulated paid vacation or paid sick leave). Except by written agreement signed by the Mayor, no department head, manager, supervisor or other representative of the City has the authority to make any · promise or representation about an employee's continued employment with the City or to make any promise or representation that varies from these Personnel Rules. These Personnel Rules may be supplemented by departmental rules app licable to particular City departments. Employees in those departments will be provided a copy of any departmental rules. Departmental rules may not conflict with these Personnel Rules. The Mayor must approve departmental rules. 1.02 DISSEMINATION OF THE PERSONNEL RULES A copy of these Personnel Rules will be provided to each employee. Additional copies are available from the Human Resource s Director. The City Clerk, as Custodian of Records , is responsible for maintaining a current set of the Personnel Rules, including any changes approved by the Mayor and adopted by the City Council. Each employee is responsible for reading and understanding the Personnel Rules. After each current employee is afforded the opportunity to read these Personnel Rules, the employee will be required to sign an acknowledg ement to confinn the employee has read and understands the Personnel Rules. Each new emp lo yee will be provided a copy of the P ersonne l Rules during orientation and will be requi fe d to sign the acknowledgement before beginning work. The acknowled gement forin · will be maintained in the emp lo yee's personnel file. 1.03 OPEN DOOR POLICY The City maintains an "open door" policy for its emp lo yees . Emp lo yees may take any problem or complaint directly to a sup ervisor , Department Head or the Human Resources Director. However, if an employee has a discrimination or harassment complaint under the City's Equal Employment Opportunity/Harassment Policy, the employee must use the complaint procedure under that policy. Most problems can be addressed most effectively by discussing the problem with the employee's immediate sup ervisor. If an employee cannot reso lve a problem with his or her supervisor , however, or if for some reason the employee feels that he or she cannot discuss the problem with the supervisor , the employee may go directly to the employee 's Department Head or to the Human Resources Director. The employee must call to sched ul e a meeting. The emp lo yee wi ll have the opportunity to discuss the problem and, hopefully , to work out a sati sfactory so lution . The City 's "open door " policy works best when emp lo yees follow the procedure of scheduling a meeting in advance. Anyone who is interrupted suddenly may not give a problem the fu ll attention it de serves. Finally, remember that the best way to resolve most problems is to work wit h the immediate superviso r. 1.04 CHANGING THE PERSONNEL RULES The Mayor may supplement these P ers onnel Rules, however, supplemental policies or procedures may not conflict with these Personn el Rules. Any such supp lem entation by the Mayor sha ll be in writing . The Mayor may direct a deviation from these policies under emergency circumstances if necessary to achieve the primary mis sion of serving the City's residents. Any change in these P ers onnel Rules , and any change in the City's pay classification plan or employee be11efits , must be approved by the Mayor and adopted by the City Counci l. 1.05 COVERAGE OF THE PERSONNEL RUL ES Elected Officials. These Personn el Rules do not cover elected officials . However the City wi ll take prompt and effective remedial action if an elected official vio lat es the City's "Equal Emp lo yment Opportunity /Harassment Policy ." Emp lo yees must use the complaint procedure in the EEO/Harassment Policy if the emp lo yee believes an elected official has violated that policy. Appointed Officials. These P ersonn el R ules cover the following appointed officials: The City Clerk, the City Treasurer, the Police Chief, and the Utilities Superintendent. These officials are appointed by the City Council for a specified term (the City Clerk , the City Treasurer and the Police Chief are appointed by the City Council based up on the recommendation of the Mayor). These appointe d officials may be di sm isse d during their term for "goo d cause" by two-thirds vote of the City Council after a hearing before the City Co uncil. "Good cause" inc lud es incompetence, malfeasance, misfeasance , or nonfeasance in office and conduct detrin ental to good order or di scip lin e includ ing habitual neg lect of duty.,-These ap pointed officials do not have access to the Grievance Pro cedure in Sect ion 9.04 of th~_se P ersonn el Rules. - t The City Attorney and the City Judge are appointed by the City Council based upon the recommendation of the Mayor for a specified term. These appointed officials are not covered under these Personnel Rules. These appointed officials may be dismissed during their term for "good cause" by two-thirds vote of the City Council after a hearing before the City Council. "Good cause" includes incompetence , malfeasance, misfeasance, or nonfeasance in office and conduct detrimental to good order or discipline including habitual neglect of duty. The City will take prompt and effective remedial action if either of these appointed officials vio late the City's "Equal Emp lo yment Opportunity/Harassment Policy." Emp lo yees must use the Complaint Procedure in the EEO /Harassment Policy if the employee believes one of these appointed officials has vio lated that policy . With the authorization of the City Council , the Mayor may appoint a Special Prosecutor or an Acting Judge on a case-by-case basis if, in the judgment of the Mayor, justice requires such a special appointment. The Special Prosecutor or Acting Judge serve only for the particular case for which he or she is appointed. These appointed officials are not covered under these Personnel Rules. Regular Full-Time Employees are covered by these Personnel Rules. Probationary employees are covered under these Personn el Rules and are eligible for health and disability insurance benefits , after the required waiting period, but are not eligible for other employment benefits and do not have access to the Grievance Procedure in Section 9.04. Temporary and part-time employees , are covered by these Personnel Rules , but are not eli gib le for employment benefits , (including health and disability insurance, paid holidays and vacation), and do not have access to the Grievance Procedure in Section 9 , Paragraph 9.04 . Independent contractors and volunteer workers, including volunteer members of City boards and committees, are not covered by these Personn el Rules .. However the City will take prompt and effective remedial action if an independent contractor or volunteer violates the City's "Equal Employment Opportunity/Harassment Policy " or engages in conduct that would vio late rules of conduct or behavior applicab le to City employees. 1.06 DEFINITIONS Elected Officials: The Mayor and members of the City Council. Appointed Officials: City Clerk, City Treasurer, Police Chief, City Attorney , City Judge, the Uti liti es Superintendent, and any Special Prosecutor or Acting Judge. Regular Full-time Employee: An employee who has successfully completed his /her new hire or re-hire probationary period , and who is regularly scheduled to work a minimum of 40 hours a week. Regular full-time employees are eligible for all City benefits . Part-time Employee: An employee who has successfully completed his/her new hire or re-hire probationary period, and who is regularl y scheduled to work less than 20 hours per week. Regular part-time emp lo yees are not eli gib le for any City benefits other than those required by law. Probationary Employee: An employee who has not yet completed hi s or her 6-month entry probationary period. However, probationary emplo yees who have completed 90 days of continuous emp lo yment and who are hired for regular, full-time positions are eligible for emp lo yee insurance benefits . Probationary employees are not elig ible for any other City benefits other than those required by law. Temporary Employee: An employee who is employed in a job of limited dur ation . Temporary emp lo yees generall y are hired to cover peak workloads, special projects , or emergencies . Temporary emp lo yees are not eligible for any City benefits other than those required by law. Department Head: An employee who is responsible for managing the operations of one or more City departments. Superintendents and Directors are Depaiiment Heads. Department Heads are cove red by the se Per sonne l Rules , but are subject to dismissal by the Mayor in his/her so le discretion and do not have access to the Grievance Procedure under Section 9.04 of these Personne l Rules. Supervisor: An employee who has the respon sibility to direct the daily work of other employees or who exercises any other supervisory authority over employees . Exempt Employee: Emp lo yees who are paid on a salary basis, and who perform dutie s that are exempt from the overtime pay requirements under federal wage -hour laws . Non-Exempt Employee: Emp lo yees who are paid on an hourly basis and who are eligible for overtime pay under federa l wage--hour laws . Immediate Family: The employee's parents, spouse and dependent children. Extended Family: The emp lo yee's non-dependent children , stepchildren, siblings, mother-or-father-in-law, grandparents, grandchi ldren, and relatives who live in the household of the emp lo yee . Other Family : Aunts, uncles, ni eces and nephews. t . , SECTION 2 -EMPLOYMENT POLICIES AND PRACTICES. 2.01 NON-DISCRIMINATION IN CITY PROGRAMS. No person who meets the eligibility requirements for a program , activity or service provided by the City of Fairhope shall be subjected to discrimination under such program, activity or service because of his or her race, color, religion, sex, national origin, age, citizenship or disability . The City expects its employees to assist in fulfilling this commitment. 2.02 EQUAL EMPLOYMENT OPPORTUNITY /HARASSMENT POLICY The City is committed to equal employment opportunity for all qualified persons. We recognize and appreciate each employee's work and contribution to our success. We believe that our employees are entitled to be treated fairly and with respect. This policy applies to all personnel , including elected and appointed officials, regular full-time , part-time , temporary , or probationary employees, and volunteers. We provide equal opportunity and equal treatment in all aspects of employment to all employees and to all applicants for employment without regard to their race, color, religion, sex, (including pregnancy, childbirth and related medical conditions), national origin, age (40 and over), citizenship, phys ical or mental disability, or military obligations. We will make reasonable accommodations to ensure equal employment opportunities for qualified disabled individuals. A disabled individual is qualified for a job if he or she can, with or without reasonable accommodation, perform the essential job duties. All employment decisions affecting all terms and conditions of employment, including hiring, job assignments , promotions and demotions , pay and benefits , discipline and dismissal, will comply with the City's commitment to equal employment opportunity and treatment. We expect all employees, including all supervisors and manager s, to respect the feelings of fellow emp lo yees, and to treat fellow employees in a courteous and professional manner. We will not tolerate any form of harassment of our employees . Prohibited harassment includes any hostile , intimidating, offensive, insulting, demeaning , profane or vulgar words or conduct. Specifically forbidden is harassment because of a person's sex, race , color, national origin , religion , age or disability. Examples of prohibited conduct include: • Offensive, insulting or demeaning remarks, gestures , jokes , pranks, slurs and graffiti about a person 's sex , race , color, national origin, religion, age or disability. • Offensive , insulting or demeaning pictures , cartoons , e-mails, etc. about a person 's sex, race, color, national origin, religion, age or disability. • Statements or comments that reflect stereotypes based on a person's sex, race, color, national origin, religion , age or disability. • Department Heads', managers ' or supervisors ' use of threatening , intimidating, demeaning or insulting words or actions in dealing with employees under their supervision, particularly any derogatory or demeaning comments about an employee or about an employee's job performance related to the employee 's sex , race, color, national origin, religion, age or disability . Harassment of our employees is forbidden and will result in disciplinary action, up to and including dismissal. We maintain a professional workplace that is free from sexual harassment. Department Heads and supervisors shall not threaten or insinuate that an employee's refusal to submit to sexual advances or any other form of sexual harassment will adversely affect the employee 's continued employment, pay, benefits, working conditions or job opportunities. Similarly , Department Heads , managers and supervisors shall not state or imply that submission to sexual advances or any other form of sexual harassment will in any way enhance an employee's employment opportunities, hours , pay , benefits or any other terms or conditions of employment. No Department Head , manager, supervisor or other City representative has authority to take any adverse action against an employee , including dismissal , demotion, or reducing the employee 's work hours , benefits or pay, because the employee refuses to submit to sexual advances or any other from of sexual harassment. Similarly, no Department Head , manager, supervisor or other City representative has any authority to give preferential treatment because the employee does submit to sexual advances or any other from of sexual harassment. Any employment decision that violates this policy is void and will be corrected under the complaint procedures described below. Any verbal or physical conduct of a sexual nature that could contribute to a hostile or offensive workplace for any employee, whether committed by a Department Head , manager, a supervisor, an employee or any other person (including a contractor or customer), is prohibited. Examples of prohibited conduct include: • Use of profane or vulgar language; • Unwelcome sexual flirtations, sexual advances or sexual propositions; • Sexually-oriented or suggestive jokes or comments ; • Sexually degrading words , including sexual slang, used to describe any person; • Physical contact of a sexual nature , including unwelcome or inappropriate touching , pinching, patting, grabbing or hugging; • The display in the workplace of sexually oriented or suggestive pictures or objects ; • Sexually suggestive or vulgar graffiti , including words and drawings ; • A supervisor 's or manager's comments suggesting that an employee will suffer employment consequences, such as demotion, dismissal or denial of a pay raise , if he or she does not agree to sexual demands or if he or she complains about offensive sexual behavior or any other form of harassment; • Comments suggesting that an employee will receive favorable employment treatment in exchange of sexual favors ; • Use of e-mail or accessing Internet web sites in a manner that would violate this policy . Complaint Procedure. You must report any incid ent of harassment or any other vio lation · of our EEO/Harassment Policy directly to our Equal Employment Opportunity (EEO) Officer, the Hum an Resources Director. A ll Department Heads , managers and supervisors have a responsibility to prevent harassment and to stop it if it occurs . However, to ensure that the City can promptly investigate and, if appropriate take prompt and effective action, it is essential that you promptly notify our EEO Officer (929-0357). Reporting it to your s upervisor, manager or Department Head is not sufficient. If your complaint is against or otherwise involves our EEO Officer, or if for any other reason you do not believe our EEO Officer can fairly receive your complaint, you must report any incident of haras sment or other violation of our EEO/Harassment policy directly to the May or (telephone 928- 2136). All Department Heads, managers an d supervisors have a responsibility to enforce our EEO/Harassment Policy. Our Department Heads ', managers ' and supervisors ' responsibility includes immediately stopping harassment that i s observed or reported , and reporting any vio lations directly to the EEO Officer. Failure to do so may result in disciplinary action , which may include dismissal. The EEO Officer ( or a person designated by the Mayor if the complaint invo lves the EEO Officer) will thoroughly investigate all complaints . The employee wi ll be required to prepare a written report detailing the all eged harassment or any other vio lation of our Policy , and to . sign the report. To the extent practicable, the investigation will be confidentia l with due regard for the sensitive nature of such complaints. If, after complet in g our investigation, the City detennines that a comp laint is valid, the City wi ll take prompt and appropriate disciplinary action against the person or persons engagin g in suc h conduct. Depending upon the severity of the violation of our Policy ap propriate discipline may be dismissal. We encourage you to come forward if you have a complaint and we assure yo u that no adverse action will be taken or allowed against any emp lo yee who in good fait h reports harassment or any other vio lation of our EEO Policy. 2.03 RECRUITMENT AND SELECTION The City hires and promotes app licants and emp lo yees with the best qualifications for avail able jobs. Both initial employment with the City and promotions are based upon merit, including education , experi ence , skills , effort, attendance , cooperation, job p erformance and disciplinary records. The Mayor or his/her des ignee must approve all hiring and promotion decisions. Recruitment If a position becomes avai la bl e or if a new position is created , the Department Head wi ll prepare and submit a written re quest to fill the position to the Human Resources Director. The Mayor must approve the request b efore t he position is posted on emp lo yee bulletin boards and/or advertised. Positions wi ll ge nerally be posted for a minimum of one (1) week. Employment Applications Employment applications are accepted only for available positions. All applications must be fully completed , signed and dated by the applicant to be considered . Applications must be completed by the applicant at the persom1el office in City Hall. Resumes may be submitted in addition to the application, but a completed application will be required. Any applicant prov iding fal s e , misleading or incomplete infom1ation, is subject to immediate disqualification, or dismissal if already hired. Age and Educational Requirements Applicants for regular, full-time po sitions must be at least ei ghteen y ears old, and must be a high school graduate or pos se s s a GED. Applicants for certain temporary, seasonal positions , such as lifeguard, are eligible for employment if they are at least 15 years of age and provide the City with proper work permits. Drivers' License Requirements If the position involve s driving a City v ehicle, the applicant will be required to present and maintain a valid Alabama dri v er's license with any necessary endorsements. The City checks applicants and employees ' driving records. An applicant with a driving record unacceptable to the City or the City 's v ehicle insurance carrier will not be hired. An employee with an un acceptable dri ving record will be di smi s sed. The employee is required to report promptly to the Human Resources Director if the employee is involved in an automobile accident, if the employee is convicted of or pleads guilty to any criminal offense related to the operation of a motor vehicle (including a traffic citation) or if the emplo yee is involved in any incident that could result in the suspension or forfeiture of the employee 's dri v er 's license or that could adversel y affect the employee's insurability under the City 's insurance policies. U.S. Immigration Laws The City hires only United States citizens and non-citizens w ho are eligible to work in the United States under U.S. immigration laws. As a condition of employment, each person offered a job is required to complete and sign a Department of Homeland Security Form 1-9 , and submit original approved document(s) to verify the indiv idual 's identity and legal eligibility to work in the United States. Residency Requirements Residency within the City police jurisdiction generally is not a condition employment. However, residency within the police jurisdiction is required for positions that require "on-call" status and for positions for which a City-owned, take-home vehicle is provided (e.g., police officers.) Drugs and Tobacco The City of Fairhope is a drug-free and tobacco-free work place. Applicants who are offered employment with the City will be tested for controlled substances as prov ided in the City 's Substance Abuse Policy and Program. An applicant who tests positive for controlled substances is ineligible for employment. Conditional Offer of Employment Offers of employment are conditioned upon the results of the following: 1. Background investigation 2. Criminal record review 3. Driving record review 4. Post-offer medical examination 5. Post-offer drug test Information obtained in the background investigation, criminal history and driving history reviews may disqualify an applicant from employment with the City . The results of the post-offer medical examination may disqualify an applicant from employment if the individual is unable to perform the essential job duties of the particular job with or without reasonable accommodation. If disqualified from employment, the conditional offer of employment will be withdrawn . Background Investigations The City may conduct background investigations on applicants for employment. App li cants and employees who have unsupervised access to chi ldren or developmentally disabled adults are required to complete a disclosure statement that must be verified by appropriate agencies , and may be subject to a background investigation. Applicants or emp lo yees may be disqualified or dismissed from employment as a result of background checks. Job-Related Tests The City may require pre-employment, job-related tests to evaluate the applicant 's qualifications and abilities. The City may contract with an appropriate agency or individual to prepare and /or administer the test. Post-Offer Medical Examination After a cond iti onal offer of emp lo yment has been made and before of the applicant begins work, the City requires app licants for regular full-time positions to undergo a medical examination, and a test for controlled su bstances . The purpose of the medical examination is to determine if the individual is able to perform the essential functions of the job, with or without reasonable accommodation, and without posing a direct threat to the he alth or safety of the applicant or other emp lo yees or the public . Knowingly providing false, misleading or materially incomplete information during the medical examination process is a ground for withdrawal of the conditional job offer or dismissal from emp loym ent if discovered after the emp lo yee begins work. Temporary Employees With the approval of the Mayor, temporary emp lo yees may be hired to meet the City 's needs. Temporary emplo yees must sign a "Temporary Emplo yee Agreement." Temporary employees are not eli gib le for retirement , vacation, sick leave, health in surance , holidays or other employment benefits , (other than those required by law ,) during their employment. · Volunteers With the approval of the Mayor, Department Heads may seek volunteers to assist in City programs/services. All volunteers must complete a City volunteer application form. A regular City employee or a designated volunteer supervisor will supervise volunteers. Volunteers are prohibited from driving any City vehicles. Volunteers are not paid by the City and are not covered under these Personnel Rules. Volunteers may be removed from service at any time in the sole discretion of the City. Community Service Workers and Other Court Referred Individuals The City may accept individuals who are referred by the courts to perform community service jobs for the City. These individuals are not City employees and are not covered under these Personnel Rules. State or Municipal Inmates The City may use state work-release imnates and/or municipal jail trustees to assist in providing City services. The Chief of Police , or his or her designee, will direct and supervise the activities of these persons. A regular, full-time, City employee will supervise all inmates or trustees. These individuals are not City employees and are not covered under these Personnel Rules. 2.04 PROBATIONARY PERIOD With the exception of the Police Department, employees selected for a job, including new hires and rehires (entry probation), promotions and transfers, must successfully complete a six month probationary period, which is an integral part of the selection and evaluation process. This probationary or trial period provides the employee an opportunity to demonstrate his/her suitability for the position and provides the City an opportunity to evaluate the employee's ability to perform the job. Employees in their entry probationary period, ("Probationary Employees") are eligible for health and disability insurance and retirement benefits after completing the required 90-day waiting period for these benefits, but are not eligible for any other City benefits. New employees with current Blue Cross and Blue Shield coverage will be eligible for coverage under the City's group health insurance plan beginning on the 1st day of the first month following employment. Probationary Employees do not have access to the Grievance Procedures in Section 9.04 of these Personnel Rules. However, probationary employees are covered by the Equal Employment Opportunity/Harassment Policy, and do have access to the Complaint Procedure under that policy. The City may extend the six-month probationary period if deemed necessary to properly evaluate the employee's performance. The probationary period will not extend beyond twelve months. During the probationary period, the employee's supervisor and /or Department Head will prepare one or more written performance evaluations. The evaluation will be reviewed with the employee, who is required to sign the evaluation to acknowledge that it has been reviewed with the employee. The Mayor or his/her designee will review the performance evaluation. Employees failing to satisfactorily complete their probationary period, including failure to obtain required certifications and/or licenses , will be dismissed. New employees in the Police Department, including transfers and rehires in the Police Department, must successfully complete a twelve-month probationary period. 2.05 EMPLOYMENT OF RELATIVES (NEPOTISM) The spouse of the Mayor, a City Council member or a current City Department Head will not be hired for any position with the City. The spouse of a City employee will not be hired to work in the same department as his or her spouse. Immediate and extended family members of current City employees and City Council members generally will not be employed by the City (and a current employee generally will not be promoted or assigned to a new job with the City) if, in the judgment of the Mayor, 1. One party would have authority to supervise, assign, promote, demote , discipline or dismiss the other. 2. One party would have authorized access to confidential information that potentially provides unauthorized access to the other. 3. One party would be responsible for auditing or evaluating the work of the other. 4. Other circumstances that may create a potential conflict of interest or that are not in the best interest of the City. Change in Circumstanc~s: If two employees become immediate or extended family through marriage during employment and if, in the Mayor's judgment, one of the foregoing circumstances exist, one of the employees will be offered a transfer to a vacant job if one is available. The City will select the employee for transfer based on qualifications , experience and length of service with the City. If a job is not available, the employees will be notified that they have 30 days to decide which employee will resign. If the employees cannot decide , the City will retain the most senior employee and dismiss the less senior employee. 2.06 EMPLOYEES OF OTHER AGENCIES Employees of agencies or entities that provide services to the City of Fairhope shall not be considered employees of the City for any purpose , even if such employees are supervised or assigned work by City personnel. 2.07 RE-EMPLOYMENT OF FORMER EMPLOYEES If a former employee applies, he or she will be evaluated based on past job performance and work record, the circumstances surrounding termination of previous employment and the former employee's qualifications for the new position. Generally, the City will not rehire former employees who were dismissed for misconduct or unsatisfactory job performance. Former employees rehired by the City will be treated as new employees for all purposes, except that any service credit in the Retirement Systems of Alabama will be maintained in accordance with RSA rules. 2.08 EMPLOYEE PERSONNEL RECORDS AND PRIVACY The Human Resources Director at City Hall maintains a personnel file for each employee under the custody of the City Clerk, as Custodian of Records. Personnel File Contents Personnel files generally include the following information: 1. Application for employment and related hiring documents such as resumes, educational transcripts and employment references. 2. Employee's job title, department and position, and a record of any job changes. 3. Personal information changes, required for state and federal income tax withholding, etc . 4. Performance documents, including performance evaluations. 5. Current job description. 6. Other documents related to employment, such as appreciation letters, training records, employment contracts, (if any ,) corrective action reports, disciplinary reports, and other personnel actions. Medical/1-9/Workers Compensation Files All medical records are maintained in a separate medical records file with access limited to those allowed access by law. Department of Homeland Security 1-9 forms and supporting documents are maintained in a separate file. Workers Compensation records are maintained in a separate confidential medical records file. Access to Personnel Files Employees are permitted reasonable access to review their personnel files, including medical files, during regular City Hall business hours. Employees will not be allowed to copy any portion of the file, except as required by law. Specific information may be released to the employee or to a third party if the employee provides a written and signed consent to such disclosure. Employees should provide 24 -hour prior notice of a request to review their file. Employees must review the file during the employee's non-work hours. Otherwise, employee personnel files are confidential. Except for verification of employment , job title and inclusive dates of employment, infonnation will not be released except as required by law. No information from an employee's personnel or medical files will be released without a written request filed with the City Clerk describing the specific information requested. Employment References and Employee Information Requests If an employee wishes the City to verify information requested by outside sources for credit or other purposes , the request must be directed to the Human Resources Director, who is the only City employee authorized to respond to such requests (unless otherwise directed in writing by the Mayor). The Human Resources Director will provide employment information on current or former employees as follows : Verbal Request to Verify Employment: The Director will onl y verify that an individual is or is not employed , and the position and dates of employment. No other information will be provided. Written Inquiries to Verify Salary Information: If the request for information is in writing, salary information will be verified only if accompanied by an authorization and release form signed by the employee. This verification will be in writing and a copy retained in the employee's file. Generally, the City does not give employment references on employees or former employees . No Department Head, supervisor or other City employee or representative is authorized to gi ve an employment reference on behalf of the City or to release any other information about an employee 's employment with the City except as stated in this policy. 2.09 CLASSIFICATIONS AND RECLASSIFICATIONS --Subject to appro val by the Mayor and City Council , the Human Re sources Director will develop and implement a classification system for all positions based on job duties and responsibilities of each job, and will develop and establish pay rates and a pay range or grade for each job. A job may be reclassified depending upon changes in circumstances. Employees may be reclassified from one job to another for promotions , demotions , and lateral job changes. Promotions The City encourages current employees to apply for vacant City positions for which they are qualified . Promotions and transfers are based on qualifications and documented performance . If, in the judgment of the Mayor or Department Head , the qualifications and documented performance are relatively equal , length of service will be a factor in determining which is promoted. Promotion does not ensure continued employment in the new position and there is no guarantee the employee will be allowed to return to his or her former position if the employee is unsuccessful in the new job. Employees who are promoted are not eligible to apply for another job within the City for a period of twelve (12) months unless the Mayor approves the request. Lateral Reclassification Lateral job changes generally do not include a pay increase. An employee who requests and is granted a transfer is not eligible to apply for another transfer within the City for a period of twelve (12) months unless the Mayor approves the request. Demotion A "demotion" is a change from one position to a position in a lower pay grade . Employees may be demoted based upon job perfom1ance or for di sciplinary reasons , or based upon the needs of the City . If an employee is demoted , the Mayor will determine whether a pay reduction is appropriate and, if so , the amount. SECTION 3 -HOURS OF WORK AND ATTENDANCE 3.01 HOURS OF WORK The City's regular work schedule for the Public Utility and Public Works Departments, including the Planning and Building Department, is Monday through Friday from 7:00 AM to 4:00 PM. (Employees in similar positions , such as Recreation, also have this regular work schedule.) The regular work schedule for City Hall employees (and emp lo yees in positions simi lar to those at City Hall ,) is 8:00 AM to 5:00 PM. Different work schedules (such as four , 10-hour days ,), to meet job a~signments and to provide necessary City services may be established by the Department Head with the approval of the Mayor. The Department Head is responsible for advising the employee of his /her specific working hours . · A regular work schedule for regular , full-time emp lo yees consists of forty hours each workweek. Police patro l officers and corrections officers work a rotating shift schedule consisting of seven (7) 12-hour shifts during the established fourteen (14) day work period. Part-time and temporary emp lo yees will work hours as scheduled by their Department Head . 3.02 RECORDING TIME WORKED All employees must accurate ly record all hours worked in the manner prescribed by the City. Employees failing to accuratel y record time are subject to discipline. Emp lo yees may not record another employee's time. Emplo yees shall not alter or falsify their own or another emp lo yee 's time record. Violation of these rules is a ground for immediate dismissal. Exempt, salaried employees must submit a time sheet showing hours worked and utilization of accrued leave. 3.03 ATTENDANCE Good attendance is a mark of dependability . While personal circumstances, often beyond the employee's control , sometimes necessitate lost work time , absenteeism and tardiness must be kept to a minimum. "Tardiness " includes reporting for work after the scheduled starting time, leaving work early , leaving work before the scheduled meal break or returning to work late from the meal break unless the employee has prior approval of the Department Head. Good attendance is an essential function of each job. If an employee cannot report for work (including reporting late or an absence), the employee must notify his or her supervisor (or the supervisor's designee) before the normal starting time, if practicable. If an emergency causes the emplo yee to be late or absent for work and the emp lo yee is unable to notify his or her supervisor before the normal reporting time , the emp lo yee should contact the supervisor within 30 minutes after the emp lo yee's regular starting time. The employee should advise the supervisor of the reason for the absence or tardiness and when the employee expects to return to work . If an employee is late or absent without notifying his or her supervisor, the employee is subject to discipline as a "no call/no show." If an absence continues beyond one scheduled workday, the employee must report to the supervisor each scheduled work day as discussed above unless the employee has been instructed otherwise by his or her supervisor or the employee is on approved leave of absence of specified duration . An employee who is absent from work on three consecutive workdays without notifying his or her supervisor shall be considered to have abandoned his or her job and will be classified as a "voluntary quit." The employee's Department Head will determine whether an employee's stated reason for an absence is sufficient for an "excused" absence. The Department Head will maintain an attendance record for each employee in his or her department, which will include the reasons employees, give for missing work. Unexcused absenteeism or tardiness is a ground for discipline, including dismissal. Even excused absenteeism or tardiness, however, is a ground for discipline, including dismissal , if it becomes excessive . Generally, an excused absence for a single reason (a five-day illness, for example) will be treated as a single excused absence. Approved leaves of absence, including Family & Medical Leave, military leave, and jury duty leave , will not be deemed absences and will not be considered in determining whether absenteeism is "excessive." An employee will be allowed five (5) unexcused absences each calendar year. An employee with more than five unexcused absences during a calendar year will be required to provide a doctor's statement for each absence for illness or injury during the remainder of the calendar year confirming the reason for the absence and the fact that the employee was unable to work in order for the absence to be excused. An employee who is absent for illness or injury in excess of three (3) consecutive workdays shall be required to provide a statement from a doctor to confirm the reason for the absence and the fact that the employee was unable to work. In determining whether an employee's absenteeism is "excessive" during any calendar year, the following guidelines apply : • Three episodes of tardiness are treated as one (1) unexcused absence; • Five unexcused absences shall result in a written disciplinary warning; • Six unexcused absences will result in an unpaid suspension. • Seven unexcused absences will result in dismissal. • Seven excused absences shall result in a written disciplinary warning; • Ten excused absences shall result in an unpaid suspension; and, • Thirteen or more excused absences shall subj ect the employee to immediate dismissal. For the purpose of these guidelines, an "unexcused" absence shall also be counted as an "excused" absence in determining whether discipline will be imposed for excessive absenteeism. Each day of "unexcused" absence shall be deemed a separate unexcused absence . As stated above, a continuous excused absence for a single reason will be deemed a single absence for determining whether excused absenteeism is excessive. Also as stated above, an approved leave of absence, including approved Family & Medial Leave, military leave and jury duty, will not be considered absences under this policy. During inclement weather or natural disaster, the City must continue to provide vital public services. Accordingly, employees must report to work if instructed to do so . Unless reporting to work as instructed would endanger an employees' personal safety, employees who fail to report to work during or following an emergency are subject to disciplinary action up to and including dismissal. 3.04 BREAKS AND MEAL PERIODS Employees in the Public Utilities and Public Works departments receive one fifteen- minute break during the workday. Supervisors will arrange the time of the break to ensure City business is not unduly interrupted. Breaks cannot be combined with meal periods to extend the meal period, and employees may not leave early in lieu of taking their break. Meal periods are scheduled by the employee's Department Head. Scheduled meal periods may vary depending on department workloads. Employees will be completely relieved from duty during the scheduled meal period , which shall be at least 30 minutes. Meal periods are unpaid unless the Department Head authorizes the employee to work during the meal period . Employees working extra shifts or special events (parades for example) are expected to take at least a one-half hour unpaid meal period after their regular workday and before beginning the extra shift. SECTION 4 -WAGE AND SALARY ADMINISTRATION 4.01 JOB DESCRIPTIONS A job description is maintained for each pos1t10n describing the job duties, job responsibilities and the job qualifications. The job description will state the position class, pay grade and pay range for the position. If a new position is created, the Department Head will submit a proposed job description to the Human Resources Director to facilitate the initial classification and recruitment for the position. Within 30 days after the position is filled, the Department Head will furnish a final job description to the Human Resources Director for final approval. If the job duties and/or responsibilities of a position substantially change, the Department Head will furnish a revised job description for approval. 4.02 SALARY CLASSIFICATION AND GRADES Each position within the City is classified into one of the City's job classifications for pay purposes based on job qualifications, responsibilities, working conditions , and the amount of supervision required for the specific job. 4.03 EMPLOYEE PAY RA TES Employees shall be paid a salary or wage rate within the range of the classification for the position. Generally, new employees will start employment at the minimum rate in the pay range for the classification. However, a new employee may be employed at a higher rate if the emplo y ee's education, exp.erience , training or qualifications merit. Pay increases are based on satisfactory job performance and av ailability of funds. If an employee's Department Head recommends defen-al of a pay increase because the employee 's performance is unsatisfactory , the Mayor or his/her designee may defer a scheduled pay increase for a specified time or until the employee's job performance is satisfactory . From time to time , the City Council may approve an across-the -bo ard pay increase (generally , a cost ofliving increase) of a specified percentage for all positions . 4.04 OVERTIME While each employee is assigned a regular work schedule each workweek, the demand for City services sometimes requires overtime work. Non-exempt employees may not work overtime unless authorized to do so by the Department Head. If an employee is scheduled to work overtime, however, the employee is required to work the assigned hours. Non-Exempt Employees Except for police and corrections officers, non-exempt employees will be paid 1-1/2 times their regular rate of pay for all hours worked in excess of 40 hours in a work week. Hours paid, but not worked, are not counted in computing overtime . For example, paid holidays , vacations and sick leave do not count in computing overtime pay. Employees are not allowed to take or accumulate compensatory time off in lieu of overtime pay. Police and corrections officers are subject to special overtime pay and compensatory time rules. Exempt Employees Exempt salaried employees, such as Department Heads, are paid for performing specific jobs, not for the number of hours worked. Accordingly, exempt salaried employees are not paid extra for overtime work. With prior approval of the Mayor, an exempt salaried employee may be granted time off if particular assignments require significant extra work. 4.05 SPECIAL PROVISIONS FOR LAW ENFORCEMENT AND CORRECTIONS OFFICERS The Police Depaiiment has an established fourteen (14) day work period for law enforcement and corrections officers. The work period consists of seven (7), 12-hour shifts during the 14-day work period. These officers are paid overtime pay at the rate of 1-1 /2 times the employees' regular rate for all hours worked in excess of 86 hours in the 14-day work period. Law enforcement and corrections officers may request compensatory time off in lieu of overtime pay. Compensatory time will be at the rate of 1-1/2 hours for each hour of overtime worked. Maximum accrual of compensatory time shall be limited to eighty (80) hours. After maximum accrual , overtime compensation shall be paid. Employees may use compensatory time by submitting a request to the Police Chief at least 7 days before the requested time off. The request will be granted unless doing so would unduly disrupt City operations. Upon termination of employment with the City, accrued compensatory time will be paid at the employee 's then current rate of pay. 4.06 ON-CALL EMPLOYEES Each week, certain Public Utility employees are placed on "on-call" status. Employees on-call are the first to be called to duty in an emergency to perform City services during non-business hours. Employees in on call status will be paid at the overtime rate for eight (8) hours for each weekend day or holiday the employee is "on-call ," and will be compensated as stated below if actually called in for emergency duty on a weekday. 4.07 EMERGENCY CALL-IN All employees are subject to be called-in to work during an emergency or as otherwise needed by the City to provide essential services to the public. A refusal to respond to a call-in is a ground for discipline, up to and including dismissal. Employees called-in to duty will be paid a minimum of two hours at their overtime rate , or will be paid the actual number of hours worked at their overtime rate if more than two hours. Emergency call-in pay is at the overtime rate even if the emplo yee does not work in excess of 40 hours during the workweek. 4.08 SPECIAL EVENTS There are many special events in the City of Fairhope, (parades, Arts & Crafts, etc.,) throughout the year that require employees ' work schedules to be adjusted to prepare for and complete the special events. Department Heads plan for these events and schedule employees to work accordingly. Emp loyees working these events will be paid at their overtime rate ONLY if they work over forty ( 40) hours in the workweek (86 hours per work period for law enforcement and corrections officers.) 4.09 TRAVEL TIME An employee who is on official business for the City, an employee who is assigned to attend a training course related to the employee's job, or an employee who is assigned to attend a job-related conference or meeting authorized by the Mayor, will be paid his or her regular rate of pay for the time spent on the business assignment or attending the training course or meeting and for required travel time if the travel time significantly exceeds the employee's normal commute to and from work. 4.10 PAYDAY The City 's regular workweek begins at 12:00 AM Monday morning and ends at midnight the following Sunday. Employees are paid every other Friday for the two workweeks ending at midnight the Sunday before each payday. In certain circumstances , such as a holiday falling on Friday, paychecks may be distributed early. In the event of unforeseen emergencies, the delivery of paychecks may be delayed. (The term "paychecks" includes payment by direct deposit.) The established 14-day work period for law enforcement and corrections officers begins at 6:00 AM on Monday and ends at 6:00 AM Monday, fourteen days later. 4.11 DEDUCTIONS FROM PAY The City will withhold from the employee's paycheck those deductions required by law (state and federal income taxes , FICA, garnishments, etc .) and any voluntary deductions authorized by the employee in writing and approved by the City . 4.12 TRAVEL EXPENSE REIMBURSEMENT Employees who are required to travel as part of their job must obtain prior approval from the Mayor and must comply with City procedures for documenting travel-related expenses. City employees will be reimbursed for reasonable and customary expenses actually incurred while performing official City business in accordance with established City policy. 4.13 COMPENSATION UPON SEPARATION FROM EMPLOYMENT Upon separation from employment with the City, the employee will receive the following compensation on the next regularly scheduled payday: 1. Regular pay for all hours worked up to the time of separation. 2. Emp lo yees who resign in good standing (i.e., give two weeks prior written notice,) or retire , and employees who are dismissed for reasons other than misconduct, will be paid accunmlated but unused vacation. 3 . Law enforcement and corrections officers will be paid accumulated compensatory time. The City will deduct from the employee 's final paycheck any amount owed to the City. No employee will receive his or her final paycheck until the employee returns City uniforms and equipment , including keys to vehicles , offices , pad locks , etc. In addition, the employee's supervisor must be informed of any computer passwords allowing access to all databases and programs on City computers. SECTION 5 -EVALUATION, TRAINING AND D EVELOPMENT 5.01 PERFORMANCE EVALUATIONS To achieve the City's goal of training, promoting and retaining the best-qualified employee for each job, the City has implemented an employee performance evaluation program . Performance evaluations are maintained in the emplo yee's personnel file and may be a factor in determining training needs , wage increases , promotions , transfers , layoffs , and dismissals. The Human Resources Director is responsible for developing and monitoring the City's performance evaluation program . Each employee will be evaluated by his or her supervisor and Department Head prior to completion of the probationary period and at least once each 12 months thereafter. The evaluation will be reviewed with and must be signed by the employee to acknowledge the evaluation and review. The completed evaluation will be forwarded to the Human Resources Director for review. A copy of the employee's most recent performance evaluation must accompany any request for merit pay increase. If an employee disagrees with a performance evaluation, the employee may note such disagreement on the evaluation form and request to review the evaluation with his or her supervisor, Department Head or the Human Resources Director. 5 .02 EMPLO YEE TRAINING The City recognizes the mutual benefits derived from professional development and enhancement of job skills, and encourages employees to pursue available training opportunities . Department Heads are expected (i) to develop the skills of employees through in - service training, (ii) to identify outside training programs that may enhance job skills and to notify employees of these programs, and (iii) to make recommendations on whether the City should provide financial assistance for employees to attend these programs . With the recommendation of the Department Head and approval of the Mayor or his/her designee, the City may provide partial or full payment for training workshops and seminars that are directly related to City employment, including the training necessary to obtain or maintain required licenses or certifications. Whether training time is paid or unpaid depends on the nature of the training , the needs of the City and the availabi lity of funds . 5.03 E DUCATI ONAL ASSISTANCE PRO GRAM The City has established an educational assistance program to provide employees with the opportunity to enhance their job knowledge and skills , and to earn undergraduate and advanced degrees that are re lated to their work. To qualify for educational assistance , the educational program must be directly related to the employee's current job or an identifiable career path within the City. Classes must not interfere with an employee's normal work schedule and the time spent in such classes is not compensable work time . Educational assistance is not available for more than two classes per semester/quarter. Eligibility Regular full-time employees who have completed one full year of continuous employment are eligible to apply for the educational assistance program. Covered Expenses The program covers tmt10n costs, examination fees , required laboratory fees and required course books at an accredited instin,ition. Travel, parking, lodging and extraneous fees are not covered. The employee must present supporting documentation to establish the employee has incurred covered expenses. The City will pay covered expenses on behalf of the employee as a pay advance conditioned upon the employee satisfying all program requirements. Grade Requirements To be eligible for educational assistance , the employee must achieve a grade "C" or better on covered coursework. If the course is graded with "Pass " or "Fail " the employee must "pass " the course. If an employee receives a grade less than "C", (or "fail ",) the employee will be required to reimburse the City for all co vered expenses advanced by the City for that course, (tuition , fees , books , etc.) Employees must submit a copy of their grade transcript to the City Clerk within one week of receipt of grades to confirm compliance. If the emplo yee complies with these requirements , the pay advance will be deemed educational assistance and the emplo yee will not be required to repay the City for the educational assistance. Educational Assistance Loan Agreement If the educational program is a course of study in a college or university, leading to an associate, bachelors or advanced degree , the employee will be required to enter into a written educational assistance loan agreement with the City. The agreement will commit the emplo yee to a minimum of two (2) years of service with the City following the last quarter or semester of the educational progran1. If for any reason , other than death or disability, the employee does not continue emplo yment with the City for the two (2) years , the employee shall repay the full amount of covered expenses advanced by the City as an educational assistance loan. Approval To be eligible for educational assistance , employees must obtain written approval in . advance from their Department Head and the Mayor. SECTION 6 -EMPLOYEE BENEFITS 6.01 HEALTH INSURANCE BENEFITS Regular full-time employees, elected and appointed officials, probationary employees , and their eligible dependents are eligible to participate in the City's group health insurance program beginning on the first day of the month following a 90-day waiting period. The City contributes toward the employee 's premium in an amount authorized by the City Council. The City reserves the right in its sole discretion to change the health insurance program and the insurance carrier without prior notice to affected employees. Covered employees will receive notice of the change as soon as practicable . For a more complete understanding of the insurance program, including eligibility requirements , employees should read the insurance booklet available from Human Resources. Temporary and part-time employees are not eligible for health insurance coverage. 6.02 RETIREMENT BENEFITS Regular full-time and eligible part-time employees are covered under the Retirement Systems of Alabama (RSA) retirement progran1. Benefits and contribution rates are established by RSA. Employees who wish to retire should notify their Department Head and the Human Resources Director at least three months prior to the _ date of retirement. More information on RSA is contained in a booklet available from Human Resources. Additionally , the City makes contributions on behalf of all eligible employees to the Social Security System in addition to those contributions made by the employee through FICA payroll deductions. 6.03 DISABILITY INSURANCE (SALARY CONTINUATION BENEFITS) Regular full-time employees, elected and appointed officials and probationary employees are eligible to participate in the City's disability insurance program beginning on the first day of the month following a 90-day waiting period. The City contributes to the cost of premiums in the an1ount authorized by the City Council. The City reserves the right in its sole discretion to change the disability insurance program and the insurance carrier without prior notice to affected employees. Covered employees will receive notice of the change as soon as practicable. For a more complete understanding of the insurance program, including eligibility requirements, employees should read the insurance booklet available from Human Resources. Temporary and part-time employees are not eligible for disability insurance coverage. 6.04 WORKERS COMPENSATION The City provides worker 's compensation insurance for all employees for job related injuries. If an employee suffers an on-the-job injury (no matter how slight), the employee must report the injury to his or her supervisor immediately, if the employee is able to do so. The supervisor will ensure that the employee obtains proper medical attention by following the City 's Medical Protocol. As soon as practicable, the employee must provide full written infonnation concerning the accident and injury to the employee 's supervisor. Generally, worker's compensation insurance covers all medical expenses for necessary treatment for covered injuries and provides compensation benefits during the time the employee is unable to work as a result of the injury. The amount and duration of compensation benefits is established under worker's compensation law. Employees are required to inform the treating physician that the City has an early return to work program that seeks to make available temporary , modified duty opportunities for employees who are not able to perform their regular jobs as a result of an on the job injury or illness covered by workers' compensation. For more information on the Early Return to Work Program, contact your supervisor or the Human Resources Director. If an employee is injured and thus unable to work for five or more scheduled work days, the City will require authorization from the treating physician before the employee is allowed to return to work. If the employee has accumulated paid sick leave time, the employee may elect to use the paid sick leave while unable to work as a result of an on-the-job injury. If the employee elects to do so , the employee will be paid the difference between the amount of the worker's compensation benefits and the employee 's regular rate of pay. The amount paid in excess of worker 's compensation benefits will be deducted from accumulated paid sick leave. Emplo yees must sign an acknowledgement to confim1 this election. Employees who are unable to work as a result of a serious health condition (including an injury or illness covered by workers ' compensation) will be placed on Family and Medical Leave for up to 12 weeks if the employee is eligible for FMLA leave. 6.05 INSURANCE BENEFITS FOR RETIREES Employees who qualify for retirement from the City (as determined by RSA) and who are at least 55 years old, or who have at least 30 years of service with the City, may be eligible to continue the same health care benefits as regular emplo yees until they are covered by Medicare Parts A & B . The retired employee must pay 10% of the insurance premium each month. A retired employee will not be eligible to receive this health care benefit if he or she is employed by another employer and is eligible for health care benefits from that employer. More information on this benefit will be provided upon retirement. 6.06 CONTINUATION OF BENEFITS Workers Compensation Leave: An employee rece1vmg worker's compensation benefits will continue to accumulate paid vacation leave and paid sick leave for up to six (6) months. The City also will continue to pay the City 's portion of health insurance premiums, provided the employee continues to pay his or her share of premiums, if any. After six (6) months , the employee's benefits (except for workers' compensation, if any) shall cease. Thereafter, the employee may continue health insurance coverage under COBRA. An employee who is unable work may be granted a leave of absence without pay for up to one year. Therea~er, re-employment would be subject to availability of a job the employee is able and qualified to perform. COBRA Continuation Coverage : If an employee is covered under the City 's group health insurance program, the employee will have the right to continue this insurance coverage at group rates if certain events occur that would otherwise cause the employee to lose the insurance coverage -the termination of employment or an extended leave of absence for example. The employee and/or eligible dependents will be required to pay the full insurance premium for the coverage (generally 102% of the group health insurance premium). The coverage would be available for a limited time (generally 18 or 36 months). The employee and eligible dependents will be given full details of the right to continue group health insurance coverage under COBRA in a separate "Notice of Right to Elect Continuation Coverage under COBRA." This notice should be reviewed carefully. 6.07 RECREATION BENEFITS Regular full-time employees and retirees are eligible for discounted usage or playing fees at the City's public pool and Quail Creek Golf Course. The Mayor and staff determine the amount of discount and guidelines for usage. 6.08 BENEFITS FOR PART-TIME AND TEMPORARY EMPLOYEES Unless otherwise stated in these Personnel Rules , part-time and temporary employees are not eligible for employment benefits except those required by law. SECTION 7 -TIME OFF FROM WORK 7.01 HOLIDAYS The following days are recognized as paid holidays for regular full-time emp lo yees: New Year's Day: January 1st Martin Luther King's Birthday: Third Monday in January Memorial Day : Last Monday in May Independence Day : July 4th Labor Day: First Monday in September Veteran's Day : November 11th Thanksgiving Day: Fourth Thursday in November Day after Thanksgiving Christmas Eve: December 24 th -½ day off Christmas Day: December 25th _Birthday or Personal Day (After one year of service) The City Council may grant additional days off. Paid holidays that fall on a Saturday will be observed on the preceding Friday; paid holidays falling on a Sunday will be observed on the following Monday. To receive holiday pay, the employee must work the last scheduled workday before and the first scheduled workday after the holiday. Work On Holidays Because many essential City services must be provided on holidays , employees , including part-time and temporary , may be scheduled to work on a holiday. If so , the emplo yee will be paid one and one-half times his /her regular rate of pay for all hours worked on the holiday. In addition , for certain holidays as determined by the Mayor , employees may be paid at their overtime rate for set-up activities , even if the work is not performed on the holiday and regardless of the number or hours actually worked during the workweek. For instance, work performed on Sunday, December 31 st in preparation for New Year 's Eve will be paid at the overtime rate. 7.02 BIRTHDAY Regular full-time emp lo yees with at least one year of service may take their birthday as a paid holiday. With prior permission of the Department Head, the birthday holiday may be taken at anytime during the year, but may not be carried over be yond the next anniversary date. 7.03 PAID VACATION The City recognizes the importance of offering paid vacation for rest and relaxation. Regular full-time employees accumulate paid vacation each year based on the employee's years of service from the last date of hire. Annual Vacation Eligibility Regular full-time employees are eligible for paid vacation as follows: Days of Vacation Hourly Years of Service per Year Equivalent Less than One Year 0 0 One Year to Nine Years 10 80 Ten Years to Nineteen Years 15 120 Twenty Years or More 20 160 Without prior written authorization from the Mayor, no employee may take paid vacation until he or she has completed 12 months of continuous employment with the City. Annual paid vacation may not be carried over from one year until the next year without written approval from the Mayor. Vacation Pay Hourly paid employees will be paid their regular rate of pay for the number of hours regularly scheduled to work as vacation pay. Employees, who are regularly scheduled for more than an eight-hour shift, will be paid the hourly equivalent of a full day's work. Salaried employees will be paid their normal salaries while on vacation. Employees must take vacation in increments of at least one-full day. Scheduling of Vacation Since the purpose of vacation is to provide employees time off with pay to rest and relax, the City encourages eligible employees to take at least one full week off as vacation. The remaining vacation days can be taken separately in increments of at least one full day . The Mayor must approve in advance vacation requests of more than two consecutive weeks. While the City strives to grant vacation leave on the dates the employee requests, circumstances may arise that necessitate denying a vacation request or withdrawing approval of a request previously granted. The employee should schedule vacation through his or her supervisor and Department Head. Vacation requests must be completed and submitted in advance, preferably at least 2 weeks before the desired vacation date(s). Each Department Head is responsible for scheduling employee's vacation without undue disruption to City operations. Employees may be denied permission to take vacation if the dates requested will, in the judgment of the Department Head , unduly disrupt operations. Length of continuous service generally will control granting requests for vacation leave if two or more employees request the same dates and, in the judgment of the Department Head , the City cannot grant all requests . Vacation will not be granted in excess of accumulated vacation eligibility. Vacation Pay Upon Termination of Employment Employees who resign in good standing (i.e ., give two weeks prior written notice ,) or retire , and employees who are dismissed for reasons other than misconduct, will be paid for accumulated but unused vacation. If an employee dies , accumulated vacation will be paid to the employee 's spouse or as otherwise allowed by law. 7.04 SICKLEAVE All regular full-time employees accumulate paid sick leave at the rate of four hours for each pay period the employee is actively employed. Regular part-time employees and temporary employees are not eligible for paid sick leave . Generally , employees do not accumulate paid sick leave during a leave of absence without pay. There is no maximum number of hours an employee may accumulate. Allowable Uses of Sick Leave An employee may use accumulated sick leave if absent from work due to: 1. Employee's own health condition (illness, injury, or other physical or mental disability, pregnancy or childbirth and related medical conditions); 2. The need to care for a member of the employee's immediate family (see definition of "immediate family " under Section 1.06) with a health condition described above; 3. Medical or dental appointments for the employee or a dependent child, provided that the employee must make a reasonable effort to schedule such appointments at times that minimize interference with the employee 's scheduled work day; 4. Use of a prescription drug that impairs safe job performance; 5. To extend bereavement leave for a death in the immediate family (must be authorized by the Mayor or his/her designee ). Sick Leave and Attendance Policies Treatment of an absence as paid "sick leave" does not affect an employee 's obligation to adhere to the City's attendance policy. If an employee requests paid sick leave, the employee may be required to provide a doctor's certificate to confirm the reason for the absence. A doctor's certificate will be required for absences related to illness or injury when an employee has more than five (5) unexcused absences for illness or injury in a calendar year. Employees who u se all their accumulated sick leave and require additional time off work due to illness or injury may, request a leave of absence without pay. (See, Other Leaves of Absence Policy) Employees may be sent home an d be required to use s ick leave if a supervisor determines that an employee's job performance or safety is impaired by his/her medical condition . Sick Le ave Pay Upon T e rmination of E mploy m ent Employees are not paid for accumulated sick leave upon termination of emp loyment, except for emp loyees who retire as defined by RSA. An employee who retires, and has an accrued sick leave balance of at least 768 hours , will be paid for accumulated sick leave according to the following table: Length of Serv ic e w ith th e C ity of Fa irhop e At Least 10 Years but less than 15 15 Years but less than 20 20 Years or more Pay ment 50% of Accwnulated Sick Leave 66 .7 % of Accumulated Sick Leave 100% of Accumulated Sick Leave , up to a maximum of 960 hours Law enforcement officers retiring with at least 20 years of service with the City will be paid for all accumulated sick leave, up to the maximum of 960 hours . Employees retiring , but who wish to take their accumulated sick leav e in payments over time instead of in a lump sum , will be subject to the payment schedule above. An employee who is unab le to continue working for the City as a result of a permanent and total disability wi ll be paid for all accumulated sick leave , up to a maximum of 960 hours , upon termination of employment for that reason. 7.05 FAMILY AND ME DI CAL LEAVE Eligible employees may request up to 12 weeks unpaid leave during a 12 -month period for: • The birth of your chi ld , or the p lacement of a child with you for adoption or foster care , including child care after birth or placement for adoption or foster care . If both a husband and wife are eligible employees , they may take only a total of 12 weeks . Leave to care for a child after birth or after adoption or p lacement with you for foster care must be taken within one year after the birth or p lacement of the child .. • To care for the employee 's spouse, child or parent with a s erious health condition. • For the employee's serious health condition . In determining whether an eligible employee has taken his or her full entitlement of 12 weeks unpaid leave of absence during a 12-month period, the City uses a "rolling" 12- ;, month period measured backward from the date an employee requests to begin FMLA leave. For example, if you request FMLA leave beginning September 151, we would measure backward to September 1st of last year to determine whether you have already used 12 weeks of FMLA leave during that 12-month period. Eligibility. To be eligible for family or medical leave under this policy , you must meet both of the following conditions: (1) yo u must have worked for the City for at least 12 months (52 weeks), which need not be 12 consecutive months ; and (2) you must have worked at least 1,25 0 hours during the 12 months irnn1ediately preceding the family and medical leave . Employment Following Leave. When yo u return to work following a family and medical leave , yo u will be assigned to your former job or to an equivalent job with the same pay, benefits and working conditions. If y ou do not return to work following a family and medical leave, your employment may be tenninated and you may be required to reimburse the City for any insurance premiums the City paid during the leave unless your failure to return to work is due to circumstances beyond your control, such as a serious health condition continuing or a new serious health condition ar1smg. Employment Benefits During Leave. During an approved family and medical leave , your health insurance , if any, will continue just as if you had not taken leave. The City will continue to pay any portion of the premium that the City would pay if you were working, and you must make arrangements to pay on time any portion of the premium you would pay if yo u were working. If yo u fail to pay on time any portion of the premium you are required to pay , your insurance coverage may terminate. You do not accumulate paid leave or any other benefit while on family and medical leave. You may continue other benefits, if any, as permitted by the particular benefit plan by making arrangements in advance to make any required contributions or premium payments. Use of Paid Leave. You must use any accumulated paid leave , including any paid sick leave and paid vacation , at the beginning of your family and medical leave. After you exhaust paid leave , the rest of the family and medical leave , if any, will be unpaid . Intermittent Leave or a Reduced Work Schedule. Intermittent or reduced-schedule leave may be granted, in increments of at least one full hour , if medically necessary for a serious health condition. Intermittent leave or a reduced-schedule will not be granted for the birth of a child, or for childcare. You should consult with your health care provider to schedule any necessary medical treatment to avoid unnecessary disruption of City operations, (for example, scheduling periodic medical treatment for a serious health condition after, at or near the end of the workday.) In all cases, the total family and medical leave will not exceed a total of 12 weeks over a 12-month period. Procedure for Requesting Leave. Except where leave is unforeseeable , you must request family and medical leave by submitting a completed Request for Leave of Absence form to yo ur Department Head. If possible, you must give at least 30 days notice before the date you want the leave to begin. If this is not possible, you must provide as much notice as is practicable under the circumstances. While on approved family and medical leave, you may be required to report semimonthly to your Department Head regarding the status of your medical condition and your intent to return to work, unless you have been granted FMLA for a specific duration. If the City determines that a leave of absence qualifies for Family and Medical Leave, including a leave for a serious health condition covered by workers ' compensation, the leave may be designated as Family and Medical Leave by the City. If so, the leave will count towards the employee 's annual 12-weeks of unpaid leave. Certiflcatio1t of a Serious Health Co1tditio1t. If you request leave for a serious health condition , you may be required to provide a medical certification of the condition, and if the leave is requested to care for an immediate family member with a serious health condition , to certify the need for you to provide care. We may require recertification on a reasonable basis during the leave (not more often than every 30 days), unless you have been granted FMLA for a specific duration. The certification must be provided on the Medical Certification form, which is available for the Human Resources Director. We may require you to obtain a second medical opinion from a health care provider chosen by the City at our expense to verify any such certification. If the second opinion differs from the certification provided by the employee, we may require, at our expense, the opinion of a third provider chosen jointly by the City and you. The third opinion will be final and binding . When you seek to return to work following an approved family and medical leave for a serious health condition, you must provide a medical statement from your treating health care provider to confirm that you are able to perform your essential job duties. If not, the medical statement must describe any limitations on your ability to perform your essential job duties so a determination can be made whether a reasonable accommodation can be made that will enable you to perform your duties. Failure to Return From Leave. You will be considered to have abandoned your job and classified as a voluntarily quit (1) if you do not return to work on or before the fourth after an approved leave of absence expires ; or (2) if you apply for on engage in other employment while you are on a family and medical leave. You will be dismissed if you give a false reason for a requested leave. 7.06 BEREAVEMENT LEAVE Regular full-time employees may receive up to three days off for bereavement leave for a death in the immediate or extended family (as defined in Section 1.06 of these P ersonnel Rules). One day of bereavement leave will be granted to attend the funeral of any other family member as defined in Section 1.06. The Mayor or his/her designee may approve a longer leave, which may be charged against the employee's paid sick leave. 7.07 JURY AND WITNESS DUTY Jury Duty . The City provides all employees leave for jury duty. Regular full-time employees will be paid their regular hourly rate of pay for the hours the employee is regularly scheduled to work on each day of jury duty. (Exempt, salaried employees will be paid their full weekly salary for the workweek that includes jury duty.) If the Court excuses an employee more than three hours before the end of the scheduled workday, the employee is required to report to work to complete the workday . The employee must provide his /her supervisor with a copy of the jury duty summons as soon as possible after receiving the summons. The fee paid by the court for jury service will not offset jury duty pay. Witness Duty. All employees subpoenaed to appear in court will be allowed the time off required to comply with the subpoena. In general, a leave of this kind is unpaid unless the employee is a witness in a case involving the City and is requested or subpoenaed to testify by the City. Exempt salaried employees, will be paid their regular salary if subpoenaed. 7.08 MILITARY LEAVE The City does not want employees to suffer any loss of employment status if they perform military training or service in the United States Armed Forces or as a member of the U.S. Reserves or National Guard . An employee will be granted a leave of absence without pay for required active military service or training. Upon completion of active military service (generally not to exceed five years), the employee will be reinstated to his or her former position or to a substantially equivalent position without loss of employment status if the employee makes a timely application for reinstatement after the date he or she is discharged from military duty. An employee who returns from military leave will be eligible for any paid sick leave or paid vacation accumulated before entering military service. Alternatively, the employee may request to be paid for accumulated vacation when the employee leaves employment to enter into active military service. If the employee will be on active military duty for longer than 30 days , the City will not continue group health insurance coverage. However, the employee may continue the coverage at group rates, at his or her expense, for up to 18 months. An employee who is a member of the National Guard or the United States Re serves will be granted a leave of absence with pay for up to 168 working hours each calendar year to attend mandatory training with his or her unit , or if the employee's unit is activated for U.S . military service. Generally , if the active duty exceeds 168 working hours , the remainder of the leave will be unpaid and is subject to our military leave policy for active military service described above. Any additional benefits are paid in accordance with federal and state laws. An employee should give his or her Department Head as much notice as practicable if the employee will be absent from work for military service. 7.09 ADMINISTRATIVE LEAVE During the investigation or trial of any criminal charge against an employee, or during the course of any civil action involving an employee, the Mayor may place the employee on administrative leave with or without pay as a non-disciplinary measure if administrative leave would be , in the judgment of the Mayor, in the best interest of the City. If the employee is reinstated; the Mayor may authorize the payment of back pay and benefits for the period of the administrative leave without pay. 7.10 OTHER LEAVES OF ABSENCE All other leaves of absence require prior written approval. Employees should submit a written request for a leave of absence as far in advance as practicable. The request should state the reason for the leave and the inclusive dates the employee will be absent, if practicable . If it is not practicable to submit a written request in advance (for certain types of disability leave, for example), a leave of absence form stating the reason for the leave and the inclusive dates must be prepared within two working days after the leave begins. (The employee must promptly report any absence as stated in the policy on "Attendance".) A leave of absence request form must be signed by the employee and delivered to the Human Resources Director. A record of all absences, including approved leaves of absence, will be maintained in the employee's personnel file. With the approval of the Mayor, an employee may be granted a leave of absence without pay for up to one year. Generally, an employee will not accumulate employment benefits during a leave of absence without pay, and the employee is not eligible for group health insurance coverage unless the employee has the right to continue the coverage at his or her expense . (See policy on "Group Health Insurance" and "COBRA"). Upon expiration of a leave of absence without pay, the employee will be reinstated to his or her former position or to a substantially equivalent position if a position is available when the employee seeks to return to work. An employee who is reinstated following an· approved leave of absence without pay will not suffer a break . . m service. Only regular full-time employees who have satisfactorily completed their probationary period are eligible for a leave of absence without pay. SECTION 8 -EMPLOYEE RESPONSIBILITIES AND CONDUCT 8.01 CODE OF CONDUCT All City employees are expected to represent the City to the public in a professional , courteous , efficient and helpful manner. Employees must maintain a clean and neat appearance appropriate to their job and work assignment, as determined by their Department Head. The proper working relationship between employees and the City depends on each employee's on-going job performance, professional conduct and behavior. The City has estab li shed minimum standards of personal conduct. Among the City's expectations are: • Respect and courtesy in dealing with the public and fellow employees; • Adherence to City policies , procedures , safety rules and safe work practices; • Compliance with directions from superv isors; • Preserving and protecting the City's equipment, grounds , facilities , and resources ; • Providing quality and cost efficient services to its citizens . The City of Fairhope is a relatively small municipality. To function efficiently, employees may be asked to perform seemingly "menial" duties outside of regular job assignments. Job assignments ofthis kind are not a reflection on the employee's worth to the City, but are necessary for the City to provide full services to our residents. Employees must perform all job assignments. To make the most efficient use of personnel , the City reserves the right to change your job assignments and duties . 8.02 RULES OF CONDUCT Rules of conduct are essential for a safe, harmonious and productiv e workplace and to ensure that the City provides exce ll ent service to our residents and maintains a good relationship with the community. Of course, the City 's rules of conduct must be enforced to be effective. Employees must abide by all rules , policies and procedures , including any safety rules applicable to the employees ' particular job. The rules are for employees ' protection as well as for the protection of others. The City has developed rules of conduct to guide employees ' on-the-job behavior. Emplo yees should become thoroughly familiar with these rules . If you have a question, ask your supervisor or Department Head for clarification. You should understand, however, that general rules are not an all-inclusive list of the grounds for discipline or dismissal and do not limit the City 's discretion to discipline or dismiss employees for other reasons the City deems sufficient. Moreover, the nature of the discipline imposed for a violation may be affected by the circumstances surrounding a particular violation. Although the City normally uses progressive discipline, in each case the City will decide the appropriate discipline to be imposed ~ The following are examples of actions that may result in disciplinary action, including immediate dismissal: • Engaging in violent or threatening behavior, or making verbal threats. • Providing false or misleading information or withholding material information for any employment related purpose, including employment applications, time records and other employment re lated documents . • Unauthorized use , possession, misuse , destruction , theft or conversion of the City's facilities /property. • Unauthorized use of an employee 's position with the City for personal gain or advantage . • Accepting unlawful gratuities or bribes . • Dishonesty . • Failure to properly secure City faci lities or property. • Loitering in work areas during non-working times , or disruption of City business or the work of other employees. • Violation of the City's solicitation policy. • Unauthorized operation or use of City vehicles, machines , tools or equipment. • Unauthorized recording of another employee's time record, or allowing another employee to record your time record. • Unexcused tardiness or absenteeism; Excessive tardiness or absenteeism, ( even if excused). Absence without proper notification to immediate supervisor. • Failure to exert normal job effort or failure to work cooperati ve ly with co - workers or supervisors. • Sleeping on the job. • Making fa lse or derogatory statements or engaging in actions or activities that reasonably would be expected to damage the integrity or reputation of the City or its emplo yees. • Disorderly conduct, including fighting , on City property. • Use of intimidating, coercive, or obscene language or gestures to the public or to fellow employees. • Conduct unbecoming a City employee while on duty . • Gambling on City property. • Refusal or fai lure to perform assigned work, (including an unreasonable refusal to work overtime as directed ,) or failure to report to work during an emergency call-in , including weather-related emergencies . • Failure to observe safety practices, rules , regulations , and instructions . Failure to wear required safety clothing and equipment. ,,. • Failure to promptly report to your immediate supervisor an on-the-job accident causing injury to any person, or damage to City equipment or City property. • Unsatisfactory job perfonnance , neglect of assigned duties or concealing defective work. • Violation of the City's "Substance Abuse Policy and Program." • Unauthorized possession of explosives or weapons of any kind, or any other dangerous instrumentalities on the job or in work areas. • Conviction (including a guilty plea,) of a felony, or any crime that invo lves moral turpitude, or any crime that is related in any way to your job with the City, or repeated misdemeanor convictions (including traffic citations.). • A violation of the City's EEO/Harassment Policy. • Any verbal abuse of a supervisor, including profanity, name-calling or ridicule directed at the supervisor • Use of recording devices to record on-the-job conversations involving City employees. • A violation of any other City policies es tablished under the se Personnel Rules. In addition to the foregoing rules , employees should use common sense to guide on- the-job behavior. Gossiping, needless complaining, loud talking and profane language are out of place and unacceptable. Horseplay, practical jokes and pranks can cause ill feelings and even could cause on-the-job injuries. Such conduct is not allowed. Instead , courteous and considerate behavior towards yo ur co-employees is expected. It is easy to criticize, but more difficult to make constructive suggestions. Voice complaints directl y to the supervisor, Department Head or the Human Resources Director through our "Open Door" policy. Complaining to fellow employees will not resolve a prob~em . Constructive complaints communicated to the right person may help improve the workplace. As public employees, off-the-job behavior that causes embarrassment to the City, or in any way reflects negatively on public service, may result in disciplinary measures. 8.03 ARREST OF EMPLOYEES Any employee arrested for a crime may be placed on administrative leave pending resolution of the criminal proceeding or pending completion of an internal investigation conducted by the City. (See Section 7.09 , Administrative Leave.) The purpose of the internal investigation is to determine whether the alleged conduct is a violation of City policy and, if so, what disciplinary action should be imposed. The Mayor must approve returning an employee back to work following an administrative leave under Section 7.09. 8.04 SAFETY Each employee is responsible for maintaining a safe workplace and for promptly reporting any unsafe or potentially hazardous condition to his/her Department Head. The City will promptly remedy any unsafe condition.· All employees must follow the City's General Safety Policy and Program, Substance Abuse Policy and Program and all General Safety Rules and Task-Specific Safety Rules . Employee safety depends on the safety consciousness of everyone. To facilitate a safe work environment, employees may not bring weapons of any kind to the workplace . This includes , but is not limited to , weapons for which employees have a valid permit. The only exception is law enforcement officers for which the job requires possession of weapons as part of their job. Reporting Work-Related Accidents In case of any accident or near miss , regardless of how serious, the employee(s) involved shall immediately notify his or her Supervisor or Department Head. An investigation into the cause of the accident shall be conducted as soon as possible after notification . A copy of each accident repo1i shall be provided to the Human Resources Department and the May or. If an . employee is injured on the job, the Department Head is responsible for completing the First Report of Injury, and instructing the employee on the proper procedures to obtain medical assistance, or procuring such assistance if the employee is unable to do so. 8.05 SUBSTANCE ABUSE The City of Fairhope is concerned about the adverse dangers posed by employees ' abuse of controlled substances, (including illegal drugs and prescriptive medications ,) and alcohol. Employee substance abuse , on or off duty, can cause increased accidents , injuries , illnesses and medical claims. Substance abuse also can lead to the deterioration of employees' health and family lives. Employees who abuse controlled substances or alcoho l endanger the safety of themselves , their fellow employees and the public . Medical costs related to substance abuse also place an undue financial burden on the health and benefit programs to the detriment of other employees. Additionally , substance abuse can adversely affect productivity and emplo y ee morale, and can cause increased absenteeism and turnover, all of which adversely affects the City 's ability to provide services to our residents. In light of these concerns , the City 's goal is to maintain a safe, healthy and productive workplace free of substance abuse . To achieve this goal, the City has adopted and implemented a comprehensive Substance Abuse Policy and Program ("Program") that includes (i) alcohol and controlled substance testing; (ii) educational training programs, and (iii) appropriate discipline for violations of the City's policy. Each employee will be provided a complete copy of the Program Policy. The possession, use , distribution, dispensing , manufacture or sale of alcohol or any controlled substance on City property or during an employee 's work hours (including breaks and meal periods) is prohibited. Reporting for duty or performing work while affected by alcohol (a level 0.04 BrAC or greater) or with any controlled substance present in the body (unless the employee has a current legal prescription for the controlled substance) is also prohibited. Employees who violate this policy are subject to discipline, including dismissal. Procedures. To implement this policy, the City has established a Substance Abuse Policy and Program that includes alcohol and controlled substance testing of City employees. Alcohol and controlled substance testing will include reasonable suspicion testing , po st-accident testing under certain circumstances, and the random testing of employees in safety sensitive jobs. An employee who tests positive or who refuses to submit to a test if requested to do so , is subject to discipline , including dismissal. Upon request, the City will make available information concerning the availability of alcohol or drug abuse counseling, rehabilitation and employee assistance programs in the Fairhope area. Participation in such program is at the employee 's own expense, (unless the City 's health insurance plan provides coverage for all or part of the program,) but the City will allow a leave of absence without pay for that purpose. Each year, the City will sponsor a program to inform all employees of (i) the dangers of drug abuse in the workplace , (ii) the City 's intent to maintain a drug free workplace including penalties that may be imposed upon employees who violate this policy, and (iii) the availability of any alcohol or drug abuse counseling, rehabilitation and employee assistance programs that are available in our area. If an employee ob serves a violation of this policy, the employee is required to report the violation to the Human Resources Director. If an employee is convicted of a criminal offense that is related in any way to the unlawful manufacture , distribution, dispensing , possession or use of illegal drugs or other controlled substances in the workplace , the employee must notify his or her supervisor of the conviction within five days after the date of the conviction. Within ten days after receipt of the conviction, the City is required to notify the federal agency that approves federal grants to the City. A "conviction" includes a guilty plea. The City may, in its sole discretion, require the employee to provide satisfactory proof of participation in a drug abuse or rehabilitation program in li eu of dismissal. If an employee must use an over-the-counter or prescriptive drug that has adverse side effects (such as drowsiness or impaired reflexes or reaction time) that prevents the employee from performing his or her job duties safely, or that pose a significant risk to the safety of the employee or others, the employee must inform his or her supervisor. Upon request, the employee may be required to provide a copy of any prescription and may be required to produce the medication in its original container. If the prescription causes performance or safety problems , the employee may be placed on unpaid leave of absence (unless the employee has accumulated paid vacation or sick leave) while the employee is taking medication . Adherence to the City 's policy on drugs and alcohol is a condition of employment for all employees. All employees will be given a complete copy of the Substance Abus e Policy and Program. Employees will also be required to sign an acknowledgement form consenting to the Substance Abuse Policy and Program. Complete details of testing procedures are found in the Substance Abuse Policy and Program. 8.06 PERSONAL POSSESSIONS The City furnishes desks, closets, and /or lockers for employees to use for coats , purses , and other personal possessions . The City does not assume responsibility for any theft or damage to the personal belongings of employees. Employees have no expectation that City offices, desks , closets, lockers or vehicles are private. The City reserves the right to search desks , lockers and personal belongings brought onto City premises , if the City has reasonable cause to believe the employee is in possession of a prohibited weapon, controlled substances, alcohol, or misappropriated City property or funds. 8.07 COMPUTER USE In conducting City business , we rely on internal and external E-mail , the Internet and various computer software programs. This communication technology is the City 's property to be used only for City business purposes. Only software approved by the City may be installed on City computers , and-no City software may be copied or used in a manner that would violate the City's software license. Sending or receiving personal E-mail messages should be kept to a minimum. Employees have no personal right of privacy in using City E-mail. The City regularly reviews , audits and may download E-mail messages that employees send or receive . Certain employees have access to the Internet. This allows state of the art access to information we need to perform our work effectively. However, excessive use of the Internet can be costly. The Internet must be used only for City business purposes and only when the information is necessary for performing job duties. Recreational "surfing" of the Internet or using it for personal use is prohibited. Employees have no right of privacy with respect to the City 's Internet . access with respect to any information obtained on the Internet. The City may monitor Internet access and may audit employees' Internet use, including checking the web sites employees access on the Internet. Employees shall not use any City communication equipment or system , including E- mail , to communicate any information (including words , pictures, cartoons, etc.) that could be construed as a violation of our Equal Employment Opportunity/Harassm ent Policy. Specifically prohibited are hostile , intimidating, offensive , insulting or demeaning words , pictures, cartoons, etc., about a person's sex, race , color, national origin , religion , age or disability. Employees shall not use any City communication system to communicate any words , pictures, cartoons, etc. that could be construed as sexual harassment , including the use of profane or vulgar language, unwelcome sexual flirtations, sexual advances or sexual propositions, sexually oriented or suggestive jokes or comments , comments about a person 's body or sex life, sexually degrading words , including sexual slang used to describe any person, sexually suggestive or vulgar cartoons or graffiti, etc. Similarly, employees shall not print, display , or download any sexually explicit messages or material, and shall not access web sites, chat rooms , etc . on the Internet containing sexually explicit material of any kind. Employees who violate our policy on the use of City computers and other communication systems are subject to discipline, including dismissal. 8.08 CELLULAR TELEPHONE USAGE Certain employees , primarily Department Heads and other key supervisory personnel , are assigned cellular telephones to quickly and efficiently conduct City business. These are to be used only when a traditional "land-line" telephone is unavailable. Cell phones must not be used while driving a City vehicle, unless it is equipped with a hands-free device. This applies regardless of whether you are using a City cell phone or your personal cell phone. For your safety and the safety of others , we strongly urge you to never to use cell phones while driving , even if you are using the cell phones for personal business on your own personal time. If employees bring personal cell phones to work, personal calls are to be made only during br eak or meal periods. Incoming personal phone calls should be terminated promptly . Abuse of cell phone usage will lead to disciplinary measures. 8.09 PERSONAL USE OF CITY EQUIPMENT AND SUPPLIES Use of City phones for local personal phone calls should be kept to a minimum; long distance personal calls are prohibited. City equipment and supplies should be used by employees for City business only. An employee's misuse of City services, telephones , vehicles , equipment or supplies will result in disciplinary action including dismissal. 8.10 USE OF CITY VEIDCLES Only employees who are authorized by their Department Head, and are not excluded by the City 's vehicle insurance carrier, may drive a City vehicle. Employees authorized to drive City vehicles must comply with the following requirements: 1. "Take-home" vehicles are available only to employees living inside the City 's police jurisdiction. Except for commuting to and from work, City vehicles must be used only for City business. · 2. Anyone operating or riding in City vehicles must wear seat belts at all times. 3. You must hav e your valid, current Alabama driver's license with you any time you drive a City vehicle . 4 . You may not loan out a City vehicle to any other person without your Department Head's authorization. 5. You must drive in a safe and legal manner at all times. 6. You must never operate a City vehicle under the influence of controlled substances or alcohol. 7. You must notify your Department Head of any traffic accidents or citations received while operating City vehicles. 8. You must be insurable under the City 's vehicle insurance carrier. Violation of any of these rules, or having an unsatisfactory driving record , or being excluded from coverage by the City 's vehicle insurance carrier, may cause the City to revoke your driving authorization , and subject you to disciplinary action. 8.11 DRIVER'S LICENSE REQUIREMENTS As part of the requirements for certain City positions, an employee may be required to hold a valid State of Alabama Driver's license with required endorsements . If an employee's license is revoked , suspended or lost , or is not current, valid , and in the employee's possession, the employee shall promptly notify his/her Department Head , in writing , and will be immediately suspended from driving duties. The employee may not resume driving until proof of a valid, current license is provided to his/her Department Head. Depending on the duration of license suspension, revocation or other inability to drive , an employee may be subject to demotion , w1paid suspension or dismissal if the employee's job requires driving. If, for any reason , the City's vehicle insurance carrier excludes the employee from coverage , the employee will be subject to demotion , unpaid suspension or dismissal if the employee 's job requires driving. The Department Head may attempt to place the excluded driver in another position within the department, but is under no obligation to do so. The City will conduct driving records checks periodically on all employees authorized to drive City vehicles or operate mobile equipment. 8.12 CITY IDENTIFICATION BADGE All employees are issued an official City of Fairhope photo ID badge. The badge should be kept in your possession at all times , and not stored or left in the department or at the time clock. Employees with public contact must wear their badge at all times while on duty. Broken or "worn-out" cards will be replaced at no cost , but there is a replacement fee -a lost or misplaced card. 8.13 PERSONAL APPEARANCE Employees in most departments wi ll be provided uniforms . The uniforms are the property of the City and must be returned upon termination of employment. It is the responsibility of each employee to ensure his or her uniform is maintained and laundered properly. All employees must be properly attired and groomed for their work environment. If the Department Head concludes an emplo yee 's attire is inappropriate, the employee may be relieved of duty and sent home (without pay) to change 8.14 BULLETIN BOARDS Job-related information is posted regularly on the City bulletin boards. We expect all employees to be familiar with posted information related to his or her employment or job. Employees may not post any information on these bulletin boards without the authorization of the Department Head. 8.15 SOLICITATIONS To help maintain a pleasant business-like workp lace and to prevent unnecessary interruptions or inconvenience for our employees and residents of the City of Fairhope, the City has a no solicitation and no distribution rule. Non-employees are not permitted to so li cit for any purpose or to distribute literate of any kind within work areas (all areas where City employees perform job assignments , except those areas generally accessible to the public). Employees' working time is for work and should be spent performing job assignments. Accordingly, City emp lo yees may not solicit co-employees or distribute literature of any kind during working time. Similarly, employees my not solicit or distribute literature to another employee who is on his or her working time. Working time does not include such time as your meal break or break periods. To help ensure a clean and safe workplace , employees may not distribute literate or any kind in any work area (all areas where City employees perform job assignments , except those generally accessible to the public) even during non-working time. Examples of non-work areas include areas that are generally accessible to the general public, break rooms and parking lots. 8.16 SUNSHINE FUNDS Employees may voluntarily donate funds in small amounts for the purchase of birthday cards, cakes, flowers , etc., birthdays , funerals, farewells , and similar events for the benefit of fellow employees. Collection of such "sunshine" funds should be on a work-site basis and will not involve City funds. Solicitation of sunshine funds must be conducted in accordance with the City's solicitation policy. All participation in the fund is voluntary. No employee is required to contribute. 8.17 OUTSIDE EMPLOYMENT AND CONFLICTS OF INTEREST Employees shall not, directly or indirectly, engage in outside employment or have a financial interest in any venture that, in the judgment of the Mayor, may conflict, with the best interests of the City or interfere with the employee's City job. Examples include , but are not limited to , outside employment that: 1. Prevents the employee from being available for work, including emergency or peak work period assignments outside the employee 's regular work schedule, especially employees in the public utilities , public works and public safety departments ; 2 . Is conducted during the employee's regular work hours ; 3. Utilizes City telephones , computers , supplies , or any other City resources, facilities or equipment; 4. Involves performing work or promoting the interest of a business that has contracts with or does business with the City ; or 5. May reasonably be perceived by members of the public as a conflict of interest or otherwise a discredit to public service. 8.18 POLITICAL ACTIVITIES City employees may participate in political activities of their choosing provided City resources , equipment, supplies or facilities are not used in anyway and the -activity does not adversely affect an employees' job performance or responsibilities. Employees may not campaign on City time or in a City uniform or while representing the City in any way. Employees may not use City funds for political activities. Any City employee, who deals with the public or who otherwise represents the City to the public, may not wear or display any button, badge or sticker supporting or opposing any candidate or ballot issue during working hours. Employees may not solicit on City property or City time for a contribution in support of a partisan political cause. Except for elected City officials, no employee of the City sha ll be a candidate for an elective City office while actively employed by the City. An employee will be granted a leave of absence without pay and may use accumulated vacation time to engage in these activities. The "political limitations " in this policy do not affect any employee's rights to become or to continue to be a member of a political party, to attend political meetings or to participate in political campaigns involving national, state, county or local candidates or issues during non-working hours, or to vote for the candidate of his or her choice without interference or coercion of any kind. Employees of the City shall not be subjected to any form of discrimination or adverse employment action because of their political activity or affiliation, (unless such activity is prohibited by this policy.). No employee, elected or appointed official of the City shall in any way coerce, attempt to coerce or pressure any other employee (i) to take part in any political campaign, or (ii) to vote for contribute to or support any candidate or cause. No employee, elected or appointed official shall solicit any kind of political campaign contribution fom1 other employees who work for such official or supervisory employee in a subordinate capacity. 8.19 NON-FRATERNIZATION To ensure that no employee receives preferential treatment, and to avoid even the appearance of favoritism or preferential treatment, the City does not allow a dating or other romantic relationship between supervisory employees (including the Police Chief, Utilities Superintendent, department heads and all supervisors) and non- supervisory City employees. A violation of this policy is a ground for discipline, including dismissal. If a supervisory and a non-supervisory employee begin to date or become involved in a romantic relationship, re gardless whether working the same department, one of the two employees will be required to resign or be dismissed. The employees involved will be allowed to decide which employee will resign. If neither employee voluntarily resigns, the City will dismiss one of the two employees based on the City's business needs. Factors to be considered include the particular skills and experience of the employees involved , and the comparative difficulty of replacing the employees. If these factors are relatively equal , the least senior employee will be dismissed. ... SECTION 9 -DISCIPLINE 9.01 INVESTIGATION OF MISCONDUCT To protect City employees and City property, the City must be able to investigate suspected unauthorized conduct. Emp lo yees are required to cooperate and to assist in the City in investigating unauthorized conduct. An employee's refusal to cooperate in an investigation, including a refusal to submit to search or controlled substance or alcohol test, if requested to do so, is a ground for discipline , including dismissal. As a condition of continued emp lo yment, the City has the right, to conduct reasonable suspicion (a) testing for use of illegal drugs or controlled substances by the employee, (b) searches of employee vehicles, work areas and personal property on City premises. Employees in certain safety sensitive positions are subject to random controlled substance testing. 9.02 DISCIPLINARY ACTION Violations of rules of conduct or emp lo yment policies (including any conduct deemed unacceptable in the workp lace) or unsatisfactory job performance may result in discipline , including dismissal. Supervisors and Department Heads should strive to recognize performance problems as potential disciplinary problems before disciplinary action becomes necessary. Supervisors and Department Heads are encouraged to counsel employees in · an effort to avoid disciplinary action. In the event that discipline is necessary , the following types of disciplinary actions may be used , depending on the particular situation. The City reserves the right however, to determine whether misconduct or performance sh01icomings are so unacceptable that immediate dismissal is warranted for the first offense. Verbal Warning. A verbal warning is appropriate to notify the emp lo yee of performance shortcomings or minor violations of City policies or procedures in an effort to help the employee improve. The immediate supervisor usually issues verbal warnings. The Employee Record Notation Form will be used to document a verbal warning. The notation form wi ll be maintained in the emp lo yee's personnel file. Written Warning. The written warning will describe the unacceptable conduct or performance. The employee 's Department Head will review the memorandum with the emp lo yee. The emplo yee is required to sign the written warning to acknowledge receipt of the warning. The employee's signature does not mean that the employee agrees with the reprimand , only that he or she acknowledges the written warning took place and understands the warning . A copy will be maintained in the employee's persom1el file. A written warning may be given without a prior verbal warning if the Department Head determines it is warranted. Suspension. As part of progressive discipline if an employee has received verbal or written warning(s), or for performance or policy violations deemed more serious, an employee may receive an unpaid suspension of up to 30 days without pay . The Department Head may initiate suspension. The length of the suspension will vary depending upon the severity of the offense or performance shortcoming and the employee 's prior disciplinary or performance record. If warranted, the employee may be suspended as the first step in the process. Employees are not allo wed to use paid vacation while on suspens10n. Dismissal. The final step is dismissal , which generally is initiated by the Department Head. Employees who fail to improve their conduct or performance after progressive discipline will be dismissed. The City reserves the right to di smiss an employee without first gi v ing a verbal or written warning , or a suspension, if the City determines that the misconduct or unacceptable performance justify immediate dismissal. The Mayor and the City Council must approve the decision to terminate an appointed official. 9.03 PRE-DISCIPLINARY REVIEW Before an employee is disciplined , (suspension without pay, demotion that results in loss of pay or dismissal ,) the employee will have the opportunity to obtain review of the proposed discipline by the employee 's Department Head. Any proposed disciplinary action against an employee (including regular full -time, regular part -time , probationary and temporary employees) shall be referred to the Human Resources Director for review. Before discipline may be imposed, the employee shall be advised of the reason for the proposed discipline and the nature of the proposed discipline to be imposed. If the employee desires the opportunity to respond to the proposed discipline before discipline is impo sed , the employee shall deliver a written request for review, signed and dated by the employee, to the Human Resources Director within one (1) working day after the employee receives notice of the proposed disciplinary action . If the employee timely delivers notice of a request for review , a pre- disciplinary review will be scheduled with the employee 's Department Head and the Human Resources Director within three working days , unless the time is extended by the Human Resources Director for business reasons . At the pre-di sciplinary review, the employee will have the opportunity to present any response the emplo yee may wish to offer to the reason for the proposed discipline or the nature of the discipline to be imposed . The employee may provide any documents the employee wishes the Department Head to consider and may identify any witnesses the employee believes shou ld be interviewed before the discipline is imposed. The pre-disciplinary review is the opportunity for the employee to give his or her "side of the story" before the decision is made to impose discipline. The pre-disciplinary review shall be informal. Following the pre-disciplinary review, the Department Head will make the decision whether discipline should be imposed and , if so , the nature of the discipline to be imposed . The Department Head may approve , disapprove or modify any proposed disciplinary action. At that time, the City will proceed with the disciplinary action. Within five (5) working days after the pre-disciplinary review, the Human Resources Director will deliver written notice to the employee confirming the decision of the Department Head. In the discretion of the Department Head based on the best interest L of the City, an employee may be suspended with pay pending completion of the pre- disciplinary review . The decision of the Department Head to issue a verbal or written disciplinary warning is not subject to further review. If a regular full-time employee wishes to request a post-discipline hearing of a disciplinary suspension without pay , a demotion that results in a loss of pay , or dismissal, the employee may file a grievance under the Grievance Procedure de sc ribed below and request review by the City's Personnel Board. A request for predetermination review is not a substitute for a complaint under the City 's "EEO/Harassment Policy." If an employee believes that any disciplinary decision violates the City's "EEO/Harassment Policy," in addition to seeking a predetermination review, the employee must utilize the "Complaint Procedure" under the "EEO /Harassment Policy." 9.04 GRIEVANCE PROCEDURE The City recognizes that sometimes situations arise in which an employee feels that he or she has not been treated fairly or in accordance with City policies. For this reason, the city provides an "Open Door" policy that employees may use to seek review of any employment-related complaints. A regular full-time employee who seeks review of a post-disciplinary decision imposing a disciplinary unpaid suspension, a demotion that results in loss of pay, or dismissal, may file a "grievance" under this Grievance Procedure. However, if an employee believes that a disciplinary action violates the City's "EEO/Harassment Policy," the employee also must use the "Complaint Procedure" under the "EEO/Harassment Policy" in addition to filing a grievance. If the employee wishes to file a grievance under the Grievance Procedure, the employee must prepare a written grievance and deliver the grievance to the Hun1an Resources Director within three (3) working days after the employee is notified of a final disciplinary action (suspension without pay, demotion resulting in loss of pay or dismissal). The grievance should describe the disciplinary action taken and the reason(s) the employee believes the di sci plinary decision should be changed or rescinded . If the employee believes that a specific City policy or procedure has not been followed or has been misapplied , the employee should identify the policy or procedure. The grievance should also include the remedy sought by the employee. The grievance must be signed and dated by the employee. The Human Resources Director will forward the employee's grievance to the City's Personnel Board. As soon as practicable, the Personnel Board will schedule a hearing on the grievance. The employee, the Department Head and the Mayor shall be given written notice of the time, date and place of the hearing. The Personne l Board will hear the employee grievance and issue a decision on the grievance. The Personnel Board's hearing shall be open to the public unless the character or good name of the employee is at issue and the employee requests a closed hearing . The hearing shall be informal. The Personnel Board is not required to follow rules of procedure or rules of evidence applicable in court or administrative proceedings . The employee shall have the right to appear, to present testimony , documents and witnesses, to question witnesses offered by any other party, and to be represented by legal counsel. The City shall have the same rights in responding to the employee's grievance. The Personnel Board , in its discretion, may allow any other party whom the Board deems to have an interest in the grievance proceeding to appear and to exercise the same rights to participate in the hearing. If the employee fails to attend the hearing or to notify the Chairman of the Personnel Board that, for good cause, he or she will be unable to attend the hearing, the Board shall dismiss the appeal. The Personnel Board may approve, disapprove or alter the decision that was appealed . Within ten calendar days after the hearing , unless the Board for good cause extends the time, the Personnel Board wi ll issue a final decision on the grievance. The decision of the Personnel Board is the final action that will be taken by the City on the employee 's gr ievanc e. The Personnel Board shall not have any authority to disapprove or modify any adverse employment action (includ ing but not limited to dismissals resulting from job elimination or a reduction in force) implemented by the Mayor with the approval of the City Council based upon budgetary or other financial constraints. Part-time employees, probationary employees , temporary employees, Department Heads and Appointed Officials do not have access to the Grievance Procedure. 9.05 EMPLOYEE'S PROTECTION Any employee who uses the pre-determination review procedures or grievance procedure, or who participates as a witness, wi ll not be subjected to discipline, reprisal or retaliation for doing so . 9.06 LAW ENFORCEMENT PROCEDURES The Police Department has developed disciplinary procedures for law enforcement officers in accordance with state law . See the Police General Orders (PGOs) for more information. Accordingly , the Pre-Disciplinary and grievance procedures described above shall not apply to law enforcement officers covered by the PGO procedures. • '• I SECTION 10 -TERMINATION OF EMPLOYMENT 10.01 TYPES OF TERMINATION The City recognizes four types of termination: Retirement, Resignation, Job Abandonment, ("Voluntary Quit,") and Dismissal 10.02 RETIREMENT Employees desiring to retire should contact the Human Resources Director as far in advance of their anticipated retirement date as practicable. Certain deadlines are established by the Retirement Systems of Alabama that must be met. In addition, a schedule for payment of any accumulated sick leave must be developed. 10.03 RESIGNATION Because of the at-will nature of employment with the City, employees may resign at anytime for any reason. However, to be eligible for re-hire, an employee must resign in good standing by providing a minimum of two weeks written notice of resignation. The City does not guarantee that the employee will be allowed to work the full two- week period. Employees who resign in good standing wi ll be paid for accumulated paid vacation time upon resignation. 10.04 JOB ABANDONMENT ("Voluntary Quit") Employees who quit without proper notice will be deemed to have abandoned their job and generall y wi ll not be eligible for re-hire. Emp lo yees who fail to report for work for three (3) consecutive scheduled work days, without notifying their supervisor or Department Head, will be considered to have abandoned their position with the City and will be deemed a "vo luntary quit". · 10.05 DISMISSAL Dismissal is an involuntary termination of employment. Dismissals generally involve an economic reduction-in -force, dismissal during the probationary period, dismissal for unsatisfactory job performance, or dismissal for misconduct. However, employees are subject to dismissal at any time for any reason the City deems sufficient. 10.06 REDUCTION-IN-FORCE The Mayor may reduce the workforce for lack of work, budgetary restrictions, reorganizations or other circumstances that justify such action . If a reduction-in-force is necessary , employees will be retained based primarily upon the needs of the City and the qualifications required to perform the remaining jobs. If relevant qualifications are relatively equal , the employee with the greater length of service will be retained. Employees, who are dismissed, as part of a reduction in force, will be paid for accumulated vacation upon termination . 10.07 EXIT INTERVIEW The Human Resources Director or Department Head wi ll conduct an exit interview with each employee whose emp lo yment with the City terminates . The City wants to ensure that the reason for termination is not based upon a misunderstanding. Further, the City welcomes suggestions on how to improve working conditions for City employees. At the exit mterview, the City will also make arrangements for the employee 's fmal pay and determine whether the employee is eligible to be paid for any accumulated vacation . Finally, employees covered by the group health insurance plan will be given information about their right to continue the insurance coverage at group rates for a limited time under COBRA. SECTION 11 -PERSONNEL BOARD 11.01 SELECTION OF MEMBERS The Personnel Board is an independent review board comprised of five (5) City residents appointed by the Mayor and confirmed by the City Council. Members serve five year staggered terms, with one new member appointed or reappointed each year. 11.02 QUALIFICATIONS OF MEMBERS Persons appointed to the Board must be qualified voters of the City and must have resided in the City for at le ast four ( 4) years immediately preceding appointment. A person may not be a member of the Board while residing outside the City limits , while employed by the City, while holding an appointed or elected office with the City or while running for an elected municipal office. 11.03 REMOVALS AND VACANCIES If a member of the Board is absent from three meetings without being excused by the Mayor, the member shall be automatically removed and the position on the Board shall become vacant. A member of the Board may be removed for just cause by the Mayor with the approval of two-thirds of the members of the City Council. The decision of the Mayor and City Council shall be final. · - A person appointed to fill a vacancy created by the removal or resignation of a Board member prior to the expiration of the member 's term shall hold the position on the Board for the remainder of the unexpired tem1. 11.04 DUTIES The Board shall elect a Chairperson and may establish its own rules of procedure . The Board shall convene and hear grievances under the Grievance Procedure in Section 9.04 above. Three or more members shall be deemed a quorum for the purpose of hearing and deciding a grievance.