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HomeMy WebLinkAboutEmployee Handbook 200 Records & Status (94_-1) 200 RECORDS & STATUS 201 ACCESS TO PERSONNEL FILES 1. Personnel Records The official employee records for the City will be kept in the Human Resource Office/department. The personnel files will contain records related to employee performance, employee status, and other relevant materials related to the employee's service with the City. The employee’s supervisor, elected officials or the employee himself/herself may contribute materials to the personnel files deemed relevant to the employee's performance. 2. Access to Personnel Files Only the employee's supervisors, the Mayor, the City Council when acting as a body in the course of its official business, attorneys for the City and the employee are authorized to view materials in a personnel file. Access of others to such files will be allowed only with authorization of the supervising official after consultation with legal counsel for the City. Information regarding personnel matters will only be provided to outside parties with a release from the employee, when deemed necessary by legal counsel for the City, or pursuant to a Court order or a proper subpoena. The City reserves the right to disclose the contents of personnel files to outside state or federal agencies, its insurance carrier or its carrier’s agents for risk management purposes, or when necessary to defend itself against allegations of unlawful conduct. Copies of materials in an employee’s personnel file are available to that employee without charge, subject to exceptions provided by statutes. 3. Management of Information in Personnel Files Each employee will be provided an opportunity to contest the contents of his/her personnel file at any time, by filing a written objection and explanation that will be included in the file along with the objectionable material. In the sole judgment of the supervising official, after consultation with legal counsel for the City, any offending material may be removed upon a finding by the City that it is false or unfairly misleading. In general, there is a presumption that materials are to remain in personnel files accompanied by the employee’s written objection and explanation to provide a complete employment history. Any such approved removal of information will be documented in writing and maintained in the employee’s personnel file. The City maintains personnel files on each employee. The personnel file includes such information as the employee's job application, resume, records of training, documentation of performance appraisals and salary increases, and other employment records. Personnel files are the property of the City and access to the information they contain is restricted. Generally, only supervisors and management personnel of the City who have a legitimate reason to review information in a file are allowed to do so. Employees who wish to review their own file should contact the Human Resource Department. With reasonable advance notice, employees may review their own personnel files in the City's offices and in the presence of an individual appointed by the City to maintain the files. A separate medical file is maintained for each employee by the Payroll Clerk and is only accessible by the Human Resource Department (See 202 below). 202 HIPAA PRIVACY NOTICE (Health Insurance Portability and Accountability Act) THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU (AND ANY FAMILY MEMBER) MAY BE USED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY. The City of Rexburg values its relationship with you. Protecting the privacy of the information we have about you is of great importance to us. We want you to understand how we protect the confidentiality of that information, as well as how and why we disclose it. We are required by law to maintain the privacy of protected health information and to provide you with notice of our legal duties and privacy practices with respect to this information. “Protected health information” includes any individually identifiable information that we obtain from you or others that relates to your physical or mental health, the health care you have received, or payment for your health care. The following provides details of our practices and procedures for protecting the security of nonpublic personal information about you (or any family member), both while you are our employee and when you are no longer our employee. This privacy policy applies to health care benefits administered by the City of Rexburg or any third party providers for the Health Reimbursement Arrangement (HRA) and Flexible Spending Account (FSA) and Voluntary Employees’ Beneficiary Association (VEBA). We are required to comply with the terms of this notice. We reserve the right to change the terms of this notice, and should that occur, we will provide a copy of the new notice. USE AND DISCLOSURE OF YOUR MEDICAL INFORMATION In order to provide you with the HRA and FSA benefits, we need personal health information about you, and we obtain that information from different sources-health care insurers, health care providers, you, and your spouse. In administering your benefits, we may use and disclose this information in various ways. YOUR AUTHORIZATION Except as outlined below, the City will not use or disclose your personal health information for any purpose, unless you have signed a form authorizing a certain use or disclosure. You have the right to revoke that authorization in writing; however, your revocation will not affect any use or disclosure permitted while your authorization was in effect. USES AND DISCLOSURES FOR PAYMENT We may use and disclose your personal health information as necessary for payment purposes. For instance, we may use and disclose information regarding your medical care to process and pay claims. USES AND DISCLOSURES FOR TREATMENT While we do not provide treatment, we might share protected health information to assist your provider in supplying treatment to you. USES AND DISCLOSURES FOR HEALTH CARE OPERATIONS We may use and disclose your personal health information as necessary, and as permitted by law, for our health care operations such as customer service, premium rating, fraud and abuse prevention and detection, and other functions related to our HRA and cafeteria program. We may use and disclose your personal health information to provide you with information about treatment alternatives or other benefits and services that may be of interest to you. FAMILY, FRIENDS, AND OTHERS INVOLVED IN YOUR CARE With your approval, we may disclose your personal health information to designated family, friends, and others, to assist that person in caring for you or in paying for your care. If you are unavailable, incapacitated, or facing an emergency medical situation and we determine that a limited disclosure may be in your best interest, we may share limited personal health information with such individuals without your approval. BUSINESS ASSOCIATES At times it may be necessary for us to provide some personal health information to one or more outside persons or organizations who assist us with our business or governmental activities. We require these associates to appropriately safeguard the privacy of your information. USES AND DISCLOSURES WITHOUT YOUR AUTHORIZATION We are permitted or required by law to make certain other uses and disclosures of your personal health information without your authorization, under the following conditions:  for any purpose as required by law.  for public health activities, such as required reporting of certain diseases.  as required by law if we suspect child abuse or neglect; we may also release your personal health information as required by law if we believe you to be a victim of abuse, neglect, or domestic violence.  if required by law to a government oversight agency conducting audits, investigations, or civil or criminal proceedings; or if required to do so by a court or administrative ordered subpoena, discovery request, or qualified protective order; to law enforcement officials as required by law.  to coroners and/or funeral directors consistent with law.  if necessary to arrange an organ or tissue donation from you or a transplant for you.  if you are a member of the military as required by armed forces services; we may also release your personal health information if necessary for national security or intelligence activities.  if necessary to avert a serious threat to health or safety.  to workers’ compensation agencies if necessary for your workers’ compensation benefit determination. YOUR HIPAA PRIVACY RIGHTS ACCESS TO YOUR PERSONAL HEALTH INFORMATION You have the right to obtain a copy and inspect specific items of your personal health information for as long as we maintain it. We may deny your request to access certain personal health information as permitted or required by law. We may require your request for access in writing. Your request for access should contain as much detail as possible regarding the personal health information you wish to review. AMENDMENTS TO YOUR PERSONAL HEALTH INFORMATION You have the right to request an amendment of the personal health information we maintain about you if you believe it is incorrect. We are not legally obligated to make all requested amendments, but will give each request consideration. Requests for amendment must be in writing and must state the reasons for the amendment request. ACCOUNTING FOR DISCLOSURES OF YOUR PERSONAL HEALTH INFORMATION You have the right to request a list or accounting of certain disclosures of your personal health information. We are not legally obligated to provide an accounting of every disclosure, but will give each request consideration. Requests must be in writing. The accounting will not include disclosures made prior to April 14, 2004. RESTRICTIONS ON USES AND DISCLOSURES OF YOUR PERSONAL HEALTH INFORMATION You have the right to request restrictions on certain uses and disclosures of your personal health information for treatment, payment, or health care operations by notifying us of your request for a restriction in writing. We are not legally required to agree to your restriction request. CONFIDENTIAL COMMUNICATION OF PERSONAL HEALTH INFORMATION You have the right to request to receive communications from us regarding your personal health information by another method of contact or at an alternative address. We will accommodate reasonable requests. COMPLAINTS If you believe your privacy rights have been violated, you may file a complaint with us or with the Secretary of the U.S. Department of Health and Human Services at 200 Independence Ave., SW, Washington, D.C. 20201, or at 1-877-696-6775. There will be no retaliation for filing a complaint. HOW TO CONTACT US If you have questions, or need further assistance regarding this notice, or wish to exercise any of the above-mentioned rights, you may write to the Human Resource Department, City of Rexburg, P.O. Box 280, Rexburg, ID 83440 or call 208-359-3020. 203 202 PERSONNEL DATA CHANGES It is the responsibility of each employee to promptly notify the Human Resource Department of any changes in personnel data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in an emergency, educational accomplishments, and other such status reports should be accurate and current at all times. 204 203 EMPLOYMENT CATEGORIES It is the intent of the City to clarify the definitions of employment classifications so that employees understand their employment status and benefit eligibility. These classifications do not guarantee employment for any specified period of time. Accordingly, the right to terminate the employment relationship at will at any time is retained by both the employee and the City. 1. Employment Status a. All employees of the City, including part-time and temporary employees, are AT-WILL EMPLOYEES, except as otherwise required by law or pursuant to a written contract approved by the City Council. b. Employed Attorneys. Because the Idaho Rules of Professional Conduct govern the relationship between an attorney and his/her client, attorneys employed by the City are considered to be at-will employees, and they serve at the pleasure of the Mayor and City Council, and can be appointed or removed at their pleasure. c. Appointed Officials. The city clerk, treasurer, and any other officials appointed pursuant to Idaho Code § 50-204, may only be removed pursuant to Idaho Code § 50-206. Department Heads are also considered to be appointed positions. For a list of Department Heads, see Appendix D in Employee Handbook Appendixes. Regular full-time employees and regular part-time employees enjoy certain benefits and privileges related to their jobs, which include specific grievance and appeal rights as described under other policies in this handbook. Seasonal, temporary, part-time, and certain employees in exempt positions do not have the same protections as regular full-time and regular part-time employees. EXEMPT OR NON-EXEMPT EMPLOYEES UNDER FLSA Each employee is designated as either nonexempt or exempt from federal and state wage and hour laws, according to FLSA (Fair Labor Standards Act). Nonexempt employees are entitled to overtime pay under the specific provisions of federal and state laws. Exempt employees are excluded from specific provisions of federal and state wage and hour laws. For a list of Exempt positions, see Appendix C in Employee Handbook Appendixes. Exempt position’s treatment of overtime and leave is treated at Section 411. In addition to being classified as Exempt or Non-Exempt, each employee will belong to one of the Employee Classifications below for benefit purposes. The classification of the position an employee holds with the City may affect the status of obligations or benefits associated with his/her employment. OTHER CATEGORIES Formatted: Hyperlink, Font: (Default) Arial,Not Italic Employee Classification for Benefit Purposes The classification of the position an employee holds with the City may affect the status of obligations or benefits associated with his/her employment. The primary classes of employees are: Elected Officials ELECTED OFFICIALSElected officials are not considered regular employees. Elected Officials receive employment benefits as identified in a resolution or ordinance adopted by the City Council. In addition to being classified as Exempt or Non-Exempt, each employee will belong to one other employment category: REGULAR FULL-TIME employees are those who are not in a temporary or introductory status and who are regularly scheduled to work at least 30 hours a week on a regular and recurring basis. Generally, they are eligible for the City's benefit package and subject to the terms, conditions, and limitations of each benefit program. REGULAR PART-TIME employees are those who are not assigned to a temporary or introductory status and are scheduled to work less than a full-time schedule on a regular or recurring basis each week. While they do receive all legally mandated benefits (such as Social Security and workers' compensation insurance), they are ineligible for all of the City's other benefit programs. Paid-Call MFD employees generally fall under this category. INTRODUCTORY employees are those whose performance is being evaluated to determine whether further employment in a specific position or with the City is appropriate. Employees who satisfactorily complete the introductory period will enter the “regular” employment classification, unless notified otherwise.be notified of their new employment classification. For non safety and non emergency employees, introductory period is 180 days. For police and MFD employees, the introductory period is 365 days. Generally, they are eligible for the City's benefit package, subject to the terms and conditions, and limitations of each benefit program. TEMPORARY employees are those who are hired as interim replacements, to temporarily supplement the work force, or to assist in the completion of a specific project. Employment assignments in this category are of a limited duration. Employment beyond any initially stated period does not in any way imply a change in employment status. Temporary employees retain that status unless and until notified of a change. While temporary employees receive all legally-mandated benefits (such as workers' compensation insurance and Social Security), they are ineligible for all of the City's other benefit programs. SEASONAL employees are those who are hired for specific periods of time during a calendar year to perform functions related specifically to the requirements of a seasonal need (e.g., lawn care and maintenance, snow removal, or aquatic facility staff). Employment assignments in this category are of a limited duration, and differ from Temporary employees, in that Seasonal employees perform work on a recurring basis subject to the City's requirements and needs, as long as they successfully meet continued, or new, employment conditions. While they receive all legally-mandated benefits (such as workers' compensation insurance and Social Security), they are ineligible for the City's other benefit programs. DEPARTMENT HEADS The City provides direction and control over its operations and administration through the City Council and the Mayor by utilizing certain administrative positions identified as Department Heads. All Department Head positions are treated as appointed positions and all hiring and firing shall be governed by Idaho State Code. See a list of Department Heads in Appendix D in Employee Handbook Appendixes. See Organization Chart Attached – Appendix A in Employee Handbook Appendixes. Formatted: No bullets or numbering Formatted: Indent: Left: 0" FOREMEN Foremen are designated in Public Works various departments and generally supervise other employees within their own department. and include: Street Foreman, Water Foreman, Wastewater Foreman, Shop Foreman, and Sanitation Foreman. MFD EMPLOYEES These are employees of the Emergency Services Department, dba the Madison Fire Department and include all positions under the Fire Chief’s jurisdiction that are jointly funded by the City of Rexburg, Madison County Ambulance District, and the Madison County Fire Protection District. MFD24 EMPLOYEES These are MFD employees who are on a 24 day work schedule. (See 504.1 Police and MFD Work Schedules in Employee Handbook 500 Payroll Calculation & Work Schedules). 205 204 INTRODUCTORY PERIOD The introductory period is intended to give new employees the opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. The City uses this period to evaluate employee capabilities, work habits, and overall performance. Either the employee or the City may end the employment relationship at will at any time during the introductory period, with or without cause or advance notice. All new and rehired employees work on an introductory basis for at least the first 180 calendar days after and including their date of hire. Employees may be required to sign written instruments of understanding further specifying employment stipulations and conditions of termination. Employees who are promoted or transferred within the City may be required to complete a secondary introductory period of the same length with each reassignment to a new position. Any significant absence will automatically extend an introductory period by the length of the absence. If the City determines that the designated introductory period does not allow sufficient time to thoroughly evaluate the employee's performance, the introductory period may be extended for a specified period. In cases of promotions or transfers within the City, an employee who, in the sole judgment of management, is not successful in the new position, can be removed from that position at any time during the secondary introductory period. If this occurs, the employee may be allowed to return to his or her former job or to a comparable job for which the employee is qualified, depending on the availability of such positions and the City's needs. Upon satisfactory completion of the initial introductory period, employees enter the "regular" employment classification. During the initial introductory period, new employees are eligible for those benefits that are required by law, such as workers' compensation insurance and Social Security. They may also be eligible for other City-provided benefits, subject to the terms and conditions of each benefits program. Employees should read the information for each specific benefits program for the details on eligibility requirements. Benefits eligibility and employment status are not changed during the secondary introductory period that results from a promotion or transfer within the City. 206 205 PERFORMANCE EVALUATION Supervisors and employees are strongly encouraged to discuss job performance and goals on an informal, day-to-day basis. Formal performance evaluations are recommended to be conducted at the end of an employee's initial period in any new position. This period, known as the introductory period, allows the supervisor and the employee to discuss the job responsibilities, standards, and performance requirements of the new position. Additional formal performance reviews are recommended to be conducted to provide both supervisors and employees the opportunity to discuss job tasks, identify and correct weaknesses, encourage and recognize strengths, and discuss positive, purposeful approaches for meeting goals. Job descriptions of each position in a department should be kept current by the Department Head and a copy stored at Human Resource Department, and used for reference in performance evaluations. Formal performance evaluations are recommended to be scheduled at least every 12 months, coinciding generally with the anniversary of the employee's original date of hire or the last raise date, but may be scheduled any time as decided by the Department Head. 207 206 WAGE REVIEWS AND ADJUSTMENTS Merit-based pay adjustments are awarded by the City in an effort to recognize truly superior employee performance. The decision to award such an adjustment is dependent upon numerous factors, including the quality of work, continuity of employment and availability of funds where the best business interests of the City are considered, and the information documented by the formal performance review process, as described above under Performance Evaluations. Regular full-time employees shall be eligible for wage adjustment review, based on merit: 1. After their introductory period, and 2. One year later, and 3. Every two years thereafter until reaching the ceiling established for the job classification. 4. Any part of a raise, regardless of the reason for the raise, that will move the base salary beyond step 37 in any pay range, if awarded, is to be awarded as a one-time lump sum. Thereafter, lump sum raises for merit raises will be available annually. Lump sum raises are calculated as one year’s worth of increase in wage. 5. Certification raises are given only once and not repeated every year, even if the employee is at step 37 of their pay range. This schedule may vary based on an employee's experience, education, and applicable certification at the discretion of the Department Head, Human Resource Director, Mayor, City Council member over that department, or if applicable, the MFD Board. Any approved wage adjustments will take effect on the first day of the following general pay period after the effective date. The schedule above is not intended to reflect any right to a wage review or adjustment. While an employee's longevity in service for the City may play a part in determining their contribution to the City, and may be reflected in their effectiveness and efficiency in job performance, nonetheless, longevity alone does not necessarily mean an employee shall be eligible for, or receive, a wage adjustment. Merit Raise Amounts The city determines the wages of regular full-time employees through the use of a salary table consisting of grades and steps. A grade is designated for each position, which identifies the salaries respective to such grade. The maximum base pay of any pay grade is 36 steps above the beginning base pay of that grade. Each step consists of approximately a 1% increase over the previous base wage as specified by the current salary table listing. Therefore, the maximum base step is 37. If a certification or any other raise would otherwise place the employee’s step above 37, that raise must be given in the form of a lump sum and the base pay must remain at 37. Merit (Step) raises for all positions can be from 0 to 4 steps for the following review period based on the merit of past performance and at the discretion of the supervisor and/or department head. Merit raises must be approved by the applicable Foreman or Division Head, Department Head, Human Resource Department, and Mayor. Merit raises should be rewarded based on past performance and not on financial need or longevity. This will allow the supervisors to give between 0 and 4 steps to any one employee. Employees who have deserved something, but not a full 4 steps, can be rewarded appropriately to what they have earned. The last merit raise of 0-4 steps percent on any pay grade is reserved as a lump sum bonus and is not added to the base pay of the employee, so that the supervisor always has this as a tool to encourage superior performance. In effect, those employees who are “topped out” for increases in the base pay in their range, are still eligible for this lump sum bonus each year after the applicable 1-2 year time period since their previous step raise. Alternate Merit Raise Program for Certain Positions Certain positions require higher levels of education and/or experience and have little or no opportunity for certifications that qualify an employee for a merit raise. The following review frequency for step raise eligibility should be applied to the listed positions: At 6 months of employment (end of introductory period) And every 12 months thereafter The final step raise that will move a salary to the maximum in any pay range, if awarded, is to be awarded as a lump sum and is available annually. GIS Analyst I GIS Analyst II GIS Manager City Clerk Building Official Planner Staff Engineer City Engineer Public Works Director Assistant Public Works Director Building Maintenance Coordinator Street Foreman Sanitation Foreman Asset Management Technician TCS IT Technician TCS IT System Analyst TCS IT Assistant Manager TCS IT Manager Chief Information Technology Officer Economic Development Director Deputy Financial Officer Chief Financial Officer Financial Management Software Manager/Accounting Clerk Human Resource Director Media Relations/Marketing Coordinator City Attorney Recreation Director Cultural Arts Director Parks Director Fire Chief Police Chief Certification Step Raises (See Appendix E in Employee Handbook) Employees may be eligible for certification raises at the discretion of the Department Head and the Mayor. Employees must receive approval from department heads prior to seeking certifications that will be paid for by the City or that will result in an increase in pay. Certifications that employees are eligible for are specified for each department. Certifications that are not on the approved list below may be eligible for raises, but only at the discretion and approval of the Department Head or the Mayor. With the approval of the Mayor, a Department Head may limit the number of certifications an employee may receive a raise for during their employment with the City. 208 207 TRANSFERRED EMPLOYEES Transferred employees, who have moved from one department or crew to another, retain the benefits commensurate with both their seniority with the City and their employment status in the new transfer. These employees will begin a new introductory period for the new position for work performance only. If a transferred employee is not successful in the position, she/he may be placed back to the old position held immediately prior to the transfer, or to another position, subject to availability and the employee's qualifications. Pay for a transferred employee will be determined by the range established for the position, and based upon the employees' longevity and other considerations at time of transfer. Transfers shall occur upon the recommendations of the Department Heads involved and with the approval of the Mayor. 209 208 PROMOTED EMPLOYEES Promoted employees are those employees receiving a promotion into a new position. These employees will begin a new introductory period for the new position for work performance only. The promotion will have no effect on their benefit status. If a promoted employee is not successful in the new position, s/he may be placed back to the position held immediately prior to the promotion, or to another position, subject to availability and the employee's qualifications. Promoted employees begin receiving any commensurate pay increases established for the position commencing on the first day of the following general pay period after with the effectivethe effective date of the promotion, within the applicable range, and placement within the range based upon any longevity and other considerations. Promotions shall occur upon the recommendations of the Department Head(s) involved and with the approval of the Department Oversight Committee and the Mayor. Promotions for MFD must also be approved by the MFD Board. When awarding promotions, the City will give first consideration to current employees of the City. All employees who file applications for such will be considered for promotion to vacant positions for which they are qualified. In the instance where one or more employees have equal qualifications, the applying employee with the most longevity will be promoted. The City does reserve the right to hire from outside the organization in instances where current employee candidates do not meet the qualifications of the position. While longevity may play a part in promotional consideration, it is not the only factor nor is it to be considered as a final factor in determining selection. 210 209 EMPLOYMENT TERMINATION Termination of employment is an inevitable part of personnel activity within any organization, and many of the reasons for termination are routine. Below are examples of some of the most common circumstances under which employment is terminated: RESIGNATION - a voluntary act initiated by the employee who chooses to leave employment with the City. Although advance notice is not required, the City requests, at least, a two weeks’ written resignation notice from all employees. If an employee does not provide advance notice as requested, the employee will be considered ineligible for rehire. DISCHARGE - employment termination initiated by the organization. LAYOFF - involuntary employment termination initiated by the organization for non-disciplinary reasons. MEDICAL TERMINATION - employment termination initiated by the employee or by the organization when an employee is unable, for health reasons, to continue to work. RETIREMENT - voluntary retirement from active employment status initiated by the employee. The City is interested in learning of employees' reasons for leaving work, whenever that is possible and appropriate. Prior to an employee's departure, an exit interview should be scheduled by the Department Head to discuss the reasons for termination and the effect of the termination on benefits. The exit interview will afford an opportunity to discuss such issues as employee benefits, conversion privileges, repayment of outstanding debts to the City, or return of the City-owned property. Suggestions, complaints, and questions can also be voiced. A notice of termination form should also be completed by the department head or supervisor and submitted to the Human Resource Department to be placed in the employees file. Employment with the City is voluntarily entered into, and the employee is free to resign at will at any time. Similarly the City may also terminate the employment relationship. Regular full-time employees and regular part-time employees enjoy certain benefits and privileges related to their jobs, which include specific grievance and appeal rights as described under other policies in this handbook. Seasonal, temporary, and part-time employees, and appointed officials do not have the same protections as regular full-time and regular part-time employees. Employees will receive their final pay in accordance with applicable state law. Employee benefits will be affected by employment termination in the following manner. All accrued, vested benefits that are due and payable at termination will be paid. Some benefits may be continued at the employee's expense if the employee so chooses. The employee will be notified in writing of the benefits that may be continued and of the terms, conditions, and limitations of such continuance. The Human Resource Department will respond to all inquiresinquiries and verifications of employment made for terminated employees.