HomeMy WebLinkAboutEmployee Handbook 700 Conduct & Disciplinary Action (103_-1)
City of Rexburg Employee Handbook
1
700 CONDUCT AND DISCIPLINARY ACTION
701 CONDUCT AND WORK RULES
To assure orderly operations and provide the best possible work environment, the City expects
employees to follow rules of conduct that will protect the interests and safety of all employees, the
public, and the City in general.
It is not possible to list all the forms of behavior that are considered unacceptable. The following are
examples of infractions of rules of conduct, although not all inclusive, that may result in disciplinary
action, up to and including termination of employment.
1. Deliberate misrepresentation of facts or being un-cooperative during an investigation by City
personnel.
2. Theft or inappropriate removal or possession of property.
3. Falsification of time keeping records.
4. Working under the influence of alcohol or illegal drugs.
5. Illegal possession, distribution, sale, transfer, or use of alcohol or drugs.
6. Fighting or threatening violence in the workplace.
7. Boisterous or disruptive activity in the workplace.
8. Negligence or improper conduct leading to damage of property which is publicly or privately
owned.
9. Any act or involvement in events which serve to falsely call into question the reputation of public
officials or the public interest.
10. Insubordination or other disrespectful conduct.
11. Failure to work cooperatively and constructively with others.
12. Violation of safety or health rules.
13. Smoking in prohibited areas.
14. Sexual or other unlawful harassment, whether “Quid Pro Quo” or Hostile Work Environment. (See 711 Unlawful Discrimination and Harassment)
15. Possession of dangerous or unauthorized materials, such as explosives or operable firearms, in
the workplace.
16. Excessive absenteeism or any absence without notice.
17. Unauthorized absence from work station during the workday.
18. Unauthorized use of telephones, mail system, or other publicly-owned equipment (See 603 & 609 in 600 Work Conditions & Environment).
19. Unauthorized disclosure of business "secrets" or confidential information.
20. Violation of personnel policies.
21. Unsatisfactory performance or conduct.
22. Any act that is unbecoming of a city employee or city official.
23. Any act that damages the reputation of City government.
24. Any act that is not in congruence with this community’s acceptable standards of conduct.
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, part-time and appointed employees do not have the same protections as regular
full-time and regular part-time employees.
Violation of any of the rules set forth below will be grounds for disciplinary action including possible
dismissal from employment. However, this list is illustrative and not all inclusive and other behaviors
and acts of misconduct not specifically set out below may be grounds for disciplinary action as well.
Nothing contained herein is intended to change the at-will nature of the employee’s employment with
the City or limit the reasons for which the employee may be disciplined, including termination of the
Formatted: Font: 11 pt
Formatted: Indent: Left: 0.13"
City of Rexburg Employee Handbook
2
employment. The most important of these rules are those addressing attitude and cooperative
behavior.
1. Work cooperatively and constructively with fellow workers and members of the public to provide public
service of the highest quality and quantity. THIS IS THE FIRST PRIORITY FOR ALL EMPLOYEES.
2. Be prompt and regular in attendance at work for defined work schedules or other required employer
functions, and follow procedures for exceptions to the normal schedules, including the scheduling and
taking of vacation and sick leave.
3. Comply with dress standards established in the office/department for which the employee works. In
the absence of any office/departmental dress standards, clothing will be appropriate for the functions
performed and will present a suitable appearance to the public.
4. Not engage in criminal conduct of any kind while on or off duty. City employees are expected to
behave in a lawful manner and failure to do so is a violation of the trust placed in such employees by
the public and the appointing official.
5. Not engage in conduct away from work that, although not criminal, may reflect adversely upon the City
or its officials or otherwise impair the employee’s ability to perform.
6. Avoid conflicts of interests in appointments and working relationships with other employees,
contractors and potential contractors in the City and related agencies.
7. Not engage in conduct that violates the laws of the state of Idaho, including but not limited to I.C. §18-
1356 (accepting gifts that exceed a value of $50), I.C. §74-401 et seq. (Ethics in Government Act), I.C.
§74-501 (Prohibitions Against Contracts) and I.C. §18-1359 (Using Public Position for Personal Gain).
8. Not accept gifts or gratuities in any personal or professional capacity that could create the impression
that the giver was seeking favor from the employee or official in violation of I.C. § 18-1356 and I.C. §
18-1357.
9. Not engage in workplace or public conduct otherwise detrimental to the accomplishment of the goals
established by the Mayor, City Council or the office/department for whom he/she works.
10. Give his/her best efforts to accomplish the work of the City for public benefit in accordance with
policies and procedures adopted by the Mayor and City Council and elected officials and displaying an
attitude of cooperation and constructive participation.
11. Be subject to the administrative authority of the officials who supervise the office/department where the
employee works.
12. Abide by all office/departmental rules whether written or oral. No employee will be required to follow
the directive of a supervisor that violates laws of any local jurisdiction, the state, or nation.
13. Perform such obligations as are necessary to carry out the work of the City in an efficient and effective
manner at minimal costs and with limited risk to the public and fellow workers.
14. Not sleep or be absent from the employee's work station when on duty. Employees must be attentive
to their work at all times.
Formatted: Indent: Left: 0.5", Space After: 10 pt, Line spacing: Multiple 1.15 li,Numbered + Level: 1 + Numbering Style: 1,
2, 3, … + Start at: 1 + Alignment: Left +Aligned at: 0.94" + Indent at: 1.19"
City of Rexburg Employee Handbook
3
15. Not engage in malicious gossip, spread rumors, engage in behavior designed to create
discord and lack of harmony, willfully interfere with another employee’s work output or
encourage others to do the same.
16. Not unlawfully harass a fellow worker employee or member of the public, as outlined in the
City’s Workplace Discrimination, Harassment and Retaliation Policy.
17. Not discriminate in the treatment of fellow employees or members of the public on the basis
of race, religion, gender, age, disability or national origin.
18. Not engage in abusive conduct to fellow employees or the public, or use abusive language in
the presence of fellow employees or the public. Abusive language will include profanity and
loud, threatening or harassing speech.
19. Follow all rules for care and use of public property to assure that the public investment in
such property is protected and that the safety of the public and other workers is maintained.
20. Not use any substances, lawful or unlawful, that will impair the employee's ability to
competently perform his/her work or threaten the safety and well-being of other workers or
the public. Should the employee be prescribed a lawful substance that may impair the
employee’s ability to safely do his/her job, the employee is required to provide a physician’s
note explaining the possible effects of the medication on the employee’s ability to do his/her
job and the length of the time that the employee will be required to take the medication. The
employee may be required to take leave while taking the medication.
21. Follow the rules regarding the reporting of work hours and comply with the City’s procedures
for approval of time-keeping records.
22. Follow rules and schedules for breaks and lunch periods.
23. Report all accidents that occur or are observed on the job, or are on or involve City property,
and cooperate as requested in the reconstruction of any such accident.
24. Follow all workplace safety rules whether established formally by the office/department or by
outside agencies. Employees are encouraged to suggest ways to make the workplace or
work procedures safer.
25. Maintain a current appropriate driver's license when work for the City requires the employee
to drive a vehicle as part of his/her responsibilities. Each such employee must report any
state-imposed driving restrictions to his/her immediate supervisor and notify his/her
supervisor if his/her driving abilities are impaired.
26. Not serve on any board or commission that regulates or otherwise affects the official duties or
personal interests of the employee in a way that could create disadvantage for other
members of the public or advantage for the employee.
27. Not have non-City employment that conflicts with duties performed for the City in any
meaningful way. Individual offices/departments may determine permissible examples of
outside employment.
28. Not release any public record, including personnel records, without the express authority of
the public official responsible for custody of the record, after consulting with legal counsel for
the City or without an order from a court or public agency of competent jurisdiction.
29. Maintain the confidential nature of records that are not open to public scrutiny in accordance
with the direction of the responsible official.
30. Not use work time for personal business, including the selling of goods or services to the
general public.
31. Adhere to any code of ethics in his/her profession.
32. Not engage in political activities while on duty. This rule will not apply to elected officials.
33. Not provide false or misleading information on employment applications, job performance
reports, or any other related personnel documents or papers.
34. Not destroy, alter, falsify or steal the whole or any part of a police report or any record kept as
part of the official governmental records of the City (I.C. § 18-3201 and 18-3202).
35. Not use phones or computers in the workplace in a manner that violates policy or that
disrupts workplace activities.
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
City of Rexburg Employee Handbook
4
36. Not abuse employee benefit offerings by taking unjustified sick leave, unearned vacation,
participating in a scheme designed to create incorrect personnel records or to claim benefits
that are not deserved in accordance with City policy.
37. Not violate rules concerning absence from the workplace without proper authorization.
38. Not engage in prolonged visits with co-workers, children, friends or family members that
interfere with work in the office/department in which the employee serves.
39. Not use work time or public premises to promote religious beliefs to members of the public or
fellow employees.
THESE RULES ARE NOT ALL-INCLUSIVE
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
City of Rexburg Employee Handbook
5
702 DRUG AND ALCOHOL USE
It is the City's desire to provide a drug-free, healthful, and safe workplace. To promote this goal,
employees are required to report to work in appropriate mental and physical condition to perform their
jobs in a satisfactory manner.
While on the City premises and while conducting City business-related activities off the City premises,
no employee may use, possess, distribute, sell, or be under the influence of alcohol or engage in the
unlawful manufacture, distribution, dispensation, possession, or be under the influence of, or use of
illegal drugs. Violations of this policy may lead to disciplinary action, up to and including immediate
termination of employment, and/or required participation in a substance abuse rehabilitation or
treatment program. Such violations may also have other legal consequences. The only exceptions to
this policy are those applicable to law enforcement officers in the proper performance of their duties.
No employee may use any substances, lawful or unlawful, that will impair the employee's ability to
competently perform his/her work or threaten the safety and well-being of other workers or the public.
Should the employee be prescribed a lawful substance that may impair the employee’s ability to safely
do his/her job, the employee is required to provide a physician’s note explaining the possible effects of
the medication on the employee’s ability to do his/her job and the length of the time that the employee
will be required to take the medication. The employee may be required to take leave while taking the
medication.
While on the City premises and while conducting City business-related activities off of the City
premises, no employee may use use, possess, distribute, sell, or be under the influence of alcohol or
engage in the unlawful manufacture, distribution dispensation, possession or be under the influence
of, or use of illegal drugs.
The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability
to perform the essential functions of the job effectively and in a safe manner that does not endanger
other individuals in the workplace.
The only exception is for law enforcement officers in the proper performance of their duties.
Employees with drug or alcohol problems that have not resulted in, and are not the immediate subject
of, disciplinary action may request approval to take unpaid medical leave to participate in a
rehabilitation or treatment program. Leave may be granted if the employee agrees to abstain from use
of the problem substance; abides by all the City policies, rules, and prohibitions relating to conduct in
the workplace; and if granting the leave will not cause the City any undue hardship.
Under the Drug-Free Workplace Act, an employee who performs work for a government contract or
grant must notify the City of a criminal conviction for drug-related activity occurring in the workplace.
The report must be made within five days of the conviction.
Employees with questions on this policy or issues related to drug or alcohol use in the workplace
should raise their concerns with their supervisor or the Human Resource Director without fear of
reprisal.
703 DRUG FREE WORKPLACE and DRUG AND ALCOHOL TESTING POLICY
City of Rexburg is committed to providing a safe, efficient, and productive work environment for all
employees. Using or being under the influence of drugs or alcohol on the joby may pose serious
safety and health risks. To help ensure a safe and healthful working environment, job applicants and
employees may be asked to provide body substance samples (such as saliva, urine, hair and/or blood)
to determine the use of drugs and alcohol. All employees may be subject to the following types of
testing:
Formatted: Font: 11 pt
Formatted: Indent: Left: 0.13", First line: 0"
Formatted: Font: 11 pt
Formatted: Indent: Left: 0.13", First line: 0"
Formatted: Font: 12 pt
Formatted: Font: Not Bold
City of Rexburg Employee Handbook
6
Baseline/Pre-employment
Post-accident
Random Return to duty
Follow-up Reasonable suspicion
Refusal to submit to drug testing will result in disciplinary action up to and including termination of
employment. Questions concerning this policy should be directed to the Human Resources
Department.
A. Statement of Policy
In recognition of the harmful effects the use of illegal drugs and the misuse of alcohol can have on
drivers engaged in the transportation industry, the City of Rexburg has a responsibility to its drivers,
and the public at large, to see that its commercial and emergency vehicle operators (as defined
below) are both drug and alcohol free while on duty. This responsibility comes in light of recent
studies showing that drivers who are under the influence of drugs or alcohol while on duty are more
likely to cause accidents and injuries, both to themselves and co-workers, as well as the public at
large.
Therefore, the City of Rexburg is implementing this Drug and Alcohol Free Workplace Policy that
includes within its provisions those regulations contained within the Department of Transportation
(DOT) Controlled Substances and Alcohol Use and Testing, as contained in 49 CFR Part 382.
B. Definition of Covered Employees or Drivers
This policy will apply to all prospective and current drivers of the City who are required to obtain a
commercial drivers license (CDL) in order to operate a commercial vehicle for this City or drive or
maintain an emergency vehicle as a part of their work for the City, including the MFD Department
(hereafter referred to as "drivers").
C. Questions Regarding This Policy
The Human Resource Director is designated as the person responsible for answering driver’s
questions relating to the provisions of this policy.
D. Drivers' Use of Alcohol
The City is committed to ensuring that all drivers do not operate a commercial vehicle while under
the influence of alcohol. Therefore, drivers of this City are not to consume alcohol within four (4)
hours of reporting to work. Drivers are not to report to work or remain at work while having an
alcohol concentration of .02 or greater. Drivers are prohibited from using or possessing alcohol
while they are on duty.
E. Drivers' Use of Illegal Drugs
The City has an absolute prohibition against a driver's use of illegal drugs or the illegal use or misuse
of prescription medication. This prohibition extends to such use both on and off the job. Evidence
that a driver has tested positive for the presence of illegal drugs pursuant to a test given under the
terms of this policy will be proof sufficient to establish the driver’s violation.
F. Pre-Employment Testing
Formatted: Font: Not Bold
Formatted: Bulleted + Level: 1 + Aligned at: 0.38" + Indent at: 0.63"
Formatted: Font: Not Bold
City of Rexburg Employee Handbook
7
Applicants seeking employment as a CDL or emergency vehicle driver for the City will be required to
sign a consent form authorizing the City to check with each previous employer where the applicant
has driven such vehicles during the past two (2) years to determine if the applicant had tested
positive for illegal drugs or alcohol. If any incidents are reported by previous employers, the City
may request information regarding the incidents where the prospective driver has tested positive or
refused to be tested. If any incident is reported to the City from a past employer, the prospective
driver may not be offered employment or may be terminated if already hired. Additionally, all
prospective drivers may be tested by the City for the presence of illegal drugs or alcohol prior to
driving a City vehicle.
Any driver that is found to have previously tested positive for illegal drugs or alcohol and who is hired
by the City must show that they have been evaluated by a Substance Abuse Professional and were
found to be non-drug or alcohol dependent. It will be the City's responsibility to ensure that any
required follow-up tests of such drivers are conducted as required by DOT regulations or this policy.
All potential new hires, whether full time or part time, who are projected to work for 60 days or more ,
as a condition of employment, will be subject to at least an initial drug and alcohol screening and a
background check prior to beginning work. Seasonal employees are also subject to these guidelines
at the beginning of each season. A negative test result must be received by the Human Resources
Department before they begin work.
G. Random Testing
All drivers will be subject to random drug and alcohol testing. Random testing selections shall be
made by a scientifically valid method that will result in each driver having an equal chance of being
tested each time selections are made. Random testing for alcohol will take place just prior to,
during, or just after a driver's duty time.
Individuals randomly selected must report to the testing site as soon as possible or as instructed by
the Human Resources Department.
H. Post-Accident Testing
A driver operating a vehicle for the City that is involved in a qualified accident will be tested for both
illegal drugs and alcohol as soon as practical. For terms of this policy a qualified accident means an
accident that results in a fatality, where someone involved requires medical treatment away from the
scene, or if one of the vehicles is towed away. Alcohol testing should be administered within thirty
(30) minutes of the accident where possible. Drug testing should be administered within two (2)
hours of the accident.
Any driver required to be tested under this section must remain readily available for such testing and
may not consume alcohol within eight (8) hours of the accident or until they have been tested for
alcohol. A driver involved in any accident must notify the Human Resource Director and Department
Head of the accident as quickly as possible and comply with the instructions given them relative to
their taking a drug and alcohol test.
I. Reasonable Cause Testing
The City may require a driver to be tested for illegal drugs or alcohol when there is reasonable
suspicion to believe he/she is under the influence of illegal drugs or alcohol while at work.
J. Baseline Testing
City of Rexburg Employee Handbook
8
In initiating the provisions of this drug free workplace policy, the City will require all CDL drivers to
submit to testing for the presence of illegal drugs as soon after the effective date of this policy as is
deemed necessary.
K. Specimen Collection Procedures
1) Adulteration or Submission of a Concealed Specimen
If, during the collection procedure, the collection monitor detects an effort by a driver to adulterate or
substitute a specimen, a second specimen will be immediately requested. If a second specimen is
provided, that specimen will be tested. If the request for a second specimen is refused, the
collection monitor will inform the City contact of the driver's refusal to submit a true specimen. Such
conduct by the driver will be considered as a refusal to provide a true specimen for testing.
In the event that a prospective or current driver submits a specimen that the laboratory later
identifies as a diluted specimen, the City will advise the driver of that result and request the driver to
submit a second specimen. Such donors are advised not to drink any fluids prior to the test.
2) Drug / Alcohol Specimen Collection Procedures
All testing for illegal drugs will be done by testing the driver's urine specimen, using the split
specimen collection procedure. Under that procedure, each driver will have his or her urine
specimen sealed in two separate containers and both sent to a SAMHSA certified laboratory for
testing.
If a driver’s first specimen tests positive, that driver may request, within three (3) days of the positive
notification, that the other specimen be tested at another SAMHSA laboratory. The second test will
be done at the driver's expense unless the second test comes back negative. During the time the
second specimen is being tested, the driver may be suspended without pay. Any driver who has a
test come back negative on a test of their split specimen will be given back pay for the time of the
suspension and will be paid for the cost of the retest.
All specimen collections will be done by personnel that have been instructed and trained in collection
procedures set by the DOT. All testing for alcohol will be done by trained and qualified alcohol
testing technicians using DOT approved alcohol testing procedures.
L. Notification of Test Results
All test results, both drug and alcohol, will be forwarded to the City’s contracted provider for drug
testing processing, as the representative of the City, and as the representative of the Medical
Review Officer (MRO).
Prior to the City being informed that a prospective or current driver has tested positive for illegal
drugs, the driver will be offered an opportunity to personally discuss the positive drug test with the
MRO or his representative. The MRO will follow up on such information as is appropriate. Any
driver who is taking a prescription drug that may have been the cause of a positive test result will be
asked to provide the name of the medication and the identity of the prescribing physician for
verification. If this is verified, the driver's test result will be reported as negative. If, after
consideration of the matter, the MRO finds no reason to doubt the validity of the positive test, that
result will be conveyed to the City contact, as well as the identity of the drug.
If the driver cannot be located, the MRO or his representative may request that the City contact
arrange for the driver to contact the MRO as soon as possible to discuss the results of the positive
test. The MRO will communicate a positive result to the City without discussing the result with the
City of Rexburg Employee Handbook
9
driver if the driver expressly declines the opportunity to discuss the results of the test, or the driver is
instructed by the City to contact the MRO but fails to do so within five (5) days.
M. Refusal to Take a Drug or Alcohol Test
A driver operating a vehicle for the City may not refuse to take a drug or alcohol test when requested
to do so, consistent with the terms of this policy. Such a refusal will be considered equivalent to
testing positive for illegal drugs or alcohol. A driver will be considered as refusing to test if he or she
expressly refuses to take a test when so requested or otherwise fails to provide an adequate breath,
saliva, or urine sample without a valid medical explanation. Additionally, a driver will be considered
as refusing to test if he or she engages in conduct that clearly obstructs the testing process.
N. Effect of Testing Positive for Drugs or Alcohol
Any prospective driver that tests positive for the presence of illegal drugs will not be hired. Any
current driver that tests positive for the presence of illegal drugs or alcohol will be allowed to
continue working for the City subject to the terms and conditions of the City's Employee Assistance
Agreement. Any driver that tests positive a second time for the presence of illegal drugs or alcohol
will immediately be terminated from employment with the City.
Any driver that tests positive for illegal drugs or alcohol, and is allowed to continue to drive for the
City, must first consult with a Substance Abuse Professional (SAP) to determine if he/she is
drug/alcohol dependent. If it is determined that he/she is not drug/alcohol dependent he/she may
return to work after taking, and passing a drug/alcohol test at his expense (return to duty testing).
Thereafter, such a driver will be subject to random drug/alcohol testing the next year which will include at least six (6) unannounced drug or alcohol tests (follow-up testing) at the employees
expense.
For purposes of this policy, a driver tests positive for alcohol when that driver's blood alcohol
concentration (BAC) is .04 or above. If a driver tests between .02 and .039 BAC, he/she will not be
allowed to operate a vehicle for the City for 24 hours from the time of the test. A driver that twice
tests between .02 and .039 BAC in a year's time will be treated as the equivalent of testing positive
for alcohol. This last provision is done as a matter of City policy and is not as required by the DOT.
704 FITNESS FOR DUTY - TESTING AND PROCEDURES
Return to employment after injury or illness on or off the job may require a fitness for duty
medical review.
A. Statement of Policy.
Consistent with the City's policies on Drug and Alcohol Use and Drug Testing (see these policies in
this handbook), it is the intent of the City to enforce its policies and provide a framework of procedures
and testing guidelines for all employees.
As stated elsewhere in this handbook, it is the policy of the City to protect the health and safety of
employees and the public by providing a safe, healthful, drug-free work environment.
The City requires its employees and volunteers to be "fit for duty" when performing work or service, or
otherwise acting in representative capacity for the City and/or its operations. Subject to the terms and
conditions of this policy and other related policies in this handbook, the City will not allow or permit any
employee to perform work or service when there is a concern that they are not able to do so safely
and effectively.
City of Rexburg Employee Handbook
10
The policy applies in all aspects of the working condition, environment, and service parameters for the
City. Accordingly, this includes time performing work or service, whether paid or not, as well as at or
during rest or meal breaks. This policy and its related policies in this handbook may be applied to all
persons providing services to the City as an independent contractor.
1) Medical Information and Exams
The City recognizes that questions may arise about the ability of an employee to properly perform
their work and adequately fulfill the essential functions of their job with reasonable accommodation.
These questions can occur when work performance is impaired or negatively affected, or there
exists information that an employee may be under medical care or require such. Current employees
may be required to take medical examinations to determine fitness for duty (See Drug and Alcohol
Policy and Fitness for Duty Policy.) Such examinations will be scheduled at reasonable times and
intervals, done at the City's expense.
The City reserves the right to require that existing medical information be provided by an attending
physician in order to assure appropriate work assignment for an employee, as well as to provide for
the safety and security of other workers and the public.
The City may consider available medical information and evidence in connection with the essential
functions of an employee’s job to determine whether or not a reasonable accommodation can be
made for the employee’s physical or mental health without impacting the adequate performance or
safety expected for the position, nor creating undue hardship for the City.
Information on an employee's medical condition or history will be kept separate from other
employee information and maintained confidentially. However, an employee's personnel file may
contain reference to the existence of medical information, including the summary of medical
condition(s) as appropriate, to support a record of action taken with respect to working condition(s)
or job assignment.
2) Mandatory Retirement
Those employees with the MFD and Police Departments and serving in an emergency services
capacity who are over age 55, and those over 65 years of age in other departments, must show on
an annual basis that they are qualified to perform the duties of their position in a safe and
satisfactory manner. Medical information and evidence will be considered by the City Council with
regards to annual approval to continued employment. This policy applies to all employees.
3) Reasonable Accommodation
The City will consider a reasonable accommodation where appropriate and necessary for an
employee who has presented medical records which set forth and specify a documented temporary
or permanent disability for which an accommodation is requested.
Such reasonable accommodation may include changes in the physical or functional work methods
or environment, so long as the employee can perform the essential functions of the -job, and insofar
as an undue hardship is not created for the City. The City may not have the type of work available
for which the employee can perform with limitations.
B. Terms & Definitions.
Abuse of alcohol and/or drugs
1) Reporting to work or performing service(s) at the workplace while under the influence of, or
while impaired by, alcohol or any other drug(s); or,
2) chemical dependence on alcohol or other drugs where job performance or peoples' safety is
adversely effected; or
3) the use of illegal drugs.
City of Rexburg Employee Handbook
11
Alcohol
Ethyl alcohol or ethanol.
Employee(s)
Any individual engaged to perform work or service for the City. This includes all employment
categories and volunteers for the sole purpose of enforcing this policy.
Facilities (or, Premises)
All buildings, property, parking lots and their traffic areas, and servicing corridors and access ways,
including above and below ground areas such as ventilation, sewer, or water ducts or access ways;
also includes equipment and vehicles used in the conduct of work and service for the City, whether
owned privately or by the City.
Fit For Duty
The condition of any employee when s/he is able to perform work or service in a safe and effective
manner to the extent that she/he can safely and adequately perform the essential functions of their
assigned task, with or without a reasonable accommodation and otherwise unimpaired by some
medical condition, personal problem, medication, alcohol, or drug.
Illegal Drugs
Includes, but is not limited to, marijuana, cocaine, heroin, and similar drugs whose possession,
use, and consumption are prohibited under state or federal law in this country; includes prescription
drugs unless validly prescribed by a licensed medical practitioner and properly used by an
employee.
Impaired
Any negative effect on the employee's ability to safely and adequately perform their tasks, which
occurs from the use/ingestion in the body of any quantity of alcohol and/or drugs or other
substances.
Mayor
The Mayor of the City or the Mayor's designee.
Misuse of Legal Drugs
Improper use of a validly prescribed medication, or the use of a non-prescription drug or other
substance (e.g., glue) not intended for human consumption or ingestion.
Positive Test
The results of any medical examination or medical testing procedure which measures or determines
a discernible level of alcohol, illegal drugs, or improper level of legal drugs or other substances in an
individual's body.
Reasonable Suspicion
An articulable belief, based on specific facts and reasonable inference drawn from those facts, that
an employee is under the influence of, is impaired by, or is abusing alcohol, drugs, or other
substance.
Sample
Any bodily substance or fluid drawn and/or used to conduct medical examinations or for medical
testing procedure(s), including, but not limited to, urine, blood, breath, saliva and/or hair.
Under the Influence
This term means the same as "Impairment".
Use of alcohol
City of Rexburg Employee Handbook
12
The use and ingestion of alcohol, beer, and liquor and as defined by Idaho State law.
Consumption of alcohol
The use and ingestion of alcohol, beer, and liquor and as defined by Idaho State law.
C. Identification of Unfit Conditions
In order to properly provide for safe and adequate working conditions for employees and the public,
both employees and supervisors are required to fulfill certain responsibilities in this policy dealing with
proper identification of employees who may be unfit for duty.
Employees are required to report to their supervisor any behavior or situation which appears to have
the potential to negatively impact the health or safety of the public, other employees, or the public's
perception of the City. This latter condition may occur with respect to behavior or situations which
could occur in a social setting connected to the work roles or representations of an employee of the
City. Employees are required to keep confidential their information and reports of information about
any other employee, and to tell only appropriate supervisors.
Employees who act in good faith to appropriately identify behavior to their supervisor, which may
indicate another employee may not be fit for duty will be defended, indemnified, and held harmless by
the City for any and all damages claimed or sustained in the event of litigation.
Supervisors are required to follow through and act timely and properly upon first knowledge or report
of a possible impaired worker or unfit condition. Supervisors are required to investigate all claims,
issues, and situations related to enforcement of this policy. Such investigation shall include the
confidential identification of all witnesses involved with any impaired worker. Such investigation shall
also include obtaining a witness to assist in the evaluation of any employee's behavior and in proper
notification of any impaired employee to the Department Head.
Supervisors should confront an employee, whom they suspect may be in violation of this policy, in a
private manner so as not to unduly upset or embarrass him or her. Supervisors have the authority to
make inquiry, raise issues, and voice concerns directly with involved employees and management
staff without fear of retaliation by a Department Head or the City.
Supervisors shall hold confidential all information about a reported concern or issue related to
enforcement of this and related policies, and share such confidential information only with other
superiors who need to know to enforce this and related policies in this handbook.
D. Investigation Procedures.
Pending determination of an employee's fitness for duty, the employee may be suspended from any
work activity or duty for a period of up to five (5) working days. This suspension is an important safety
valve and should be used whenever possible and practicable. Employees on suspension are not
permitted back on the job until and unless the suspension has been lifted. Employees are to be
notified by the supervisor on duty of the initial suspension. Determinations as to whether or not a
suspension will be lifted shall be made after the conclusion of other procedures described in this policy
and related policies in this handbook. The determinations will be communicated through the
Department Head to the involved employee.
No employee will be forced to submit to a fitness for duty examination or chemical test. However,
inasmuch as the City is intent on enforcing its own policies with respect to a safe and drug-free work
environment, employees who refuse to comply with or cooperate in examination or testing procedures
shall be subject to disciplinary review.
City of Rexburg Employee Handbook
13
Employees who refuse to take examinations or tests shall be warned that failure to comply and
cooperate with the City's policies and procedures will subject them to possible disciplinary action, up to
and including termination. The employee who still refuses to comply and cooperate with the testing
procedures and process shall be suspended immediately.
Suspended employees who are perceived to be potentially unfit for duty shall not be allowed to leave
their place of work and/or return home unaccompanied. Management has the responsibility to ensure
safe transportation home for the employee. If the employee refuses to let the supervisor or their
designee transport them home, the supervisor is required to notify the appropriate law enforcement
authorities.
During suspension, a fair and thorough investigation shall occur with respect to ensuring the adequate
and thorough compilation of all facts, records, and evidence (including test results) pertaining to the
reason(s) and cause(s) for the action of supervisors to suspend the employee. The Department Head
shall inform the Mayor or their designee and they shall coordinate the functions of the investigation
and assist in the process.
Upon conclusion of an investigation and upon obtaining the applicable test results, a decision will be
made by the Department Oversight Committee and/or the Mayor regarding the employment and/or
conditions of employment of the involved employee.
An employee may return to work if they have not been suspended pending a determination prior to the
medical examination and test results, and if the medical examiner releases the employee to return to
work pending the chemical test results.
E. Documentation.
It is an essential element of this policy and its enforcement that the supervisor and any other
management member, who was involved in evaluating the employee, make a detailed record of all
actions, observations, statements and other pertinent facts related to their basis of reasonable
suspicion and perception of an impaired worker or an employee who was unfit for duty.
The documentation shall include specific facts related to the date, time, location, and observations
known to exist at the time a reasonable suspicion was first formed, and what other information was
known or believed to exist at the time a determination was made that the employee was potentially
unfit for duty.
All reports, logs and notes about any investigation and activity with respect to enforcing this policy
shall be provided to the Department Head within three (3) working days from the date of the events or
circumstances giving rise to the written record(s). Copies of all such materials shall be provided to the
Mayor as requested.
F. Observed Sale, Use Or Possession.
If any employee observes the sale, distribution, use, or possession of alcoholic beverages, illegal
drugs, or drug paraphernalia by any other employee on the City's time or premises, or observes the
presence of illegal drugs or drug paraphernalia, the employee is required to notify their supervisor
immediately. Notification to the police department is also required if clear and present knowledge
exists that violation of a law has occurred. An example of the latter case would be the observation of
an employee driving a City vehicle under the influence of alcohol, when the employee was first
observed drinking and then driving. In such a case, management and the police shall conduct an
investigation and take appropriate action.
Upon instruction or advice from the police department or other law enforcement authority, any drug
and drug paraphernalia shall be turned over to them and a signed receipt should be obtained
City of Rexburg Employee Handbook
14
acknowledging that the evidence was provided. Additionally, if the police request or suggest it, any
supervisor or employee shall be required to allow the police to inspect personal and city property and
possessions. (See 710 Security Inspections.)
G. Administrative Hearing Procedures.
An employee who tested positive on a chemical test or examination, or who had refused to take the
test when requested to do so pursuant to the terms of this policy, shall have the right to request an
administrative hearing before the Mayor or his/her designee, by making a request in writing and filing
such with the Mayor of the City or his designee, within 14 calendar days from either the receipt by the
employee of the verification (or confirmation) test results, or from the date of disciplinary action
(suspension) resulting from the refusal of the test.
A hearing shall be held within 14 calendar days from receipt by the Mayor or his/her designee of the
written request for such hearing. A record shall be made of the hearing, and the City and the
employee shall be considered interested parties to the hearing. The hearing will be informally
structured, yet still provide opportunity for interested parties to present evidence, information,
witness(es), records and reason(s), or rationale as to why a test was requested, accepted or refused.
Additionally, the process and procedures of the test, its administration, results, and interpretation shall
all be subject to review and discussion at the hearing.
At such hearing, attending information, records, and reports pertinent to the substance being tested
shall also be subject to discussion and review. Specific focus shall occur with respect to any issue(s)
related to the legal or illegal controls or use(s) of any substance; behaviors and interactions with
respect to the effect and impact to work, task, and/or service for the City; and proper compliance with
law, and/or intended controls through prescriptions, with respect to the possession, distribution, sale,
or use of any substance as related to this or any other involved policies of this handbook.
Since any hearing shall be informal and administrative in nature and structure, there is no requirement
for either party to be represented at this hearing by someone outside the employment of the City. If
either party wishes, they may be represented by someone other than themselves, including a non-
employee or an attorney. However, the costs of any representation shall be borne by the party having
such representation.
The Mayor or his/her designee shall have full authority, subject to the terms and conditions of this
policy and procedure and in accordance with any other existing rules, regulations, and the Grievance
Policy in this handbook (See 712 Grievance Procedure), to affirm any disciplinary action taken or
proposed, invoke other disciplinary action apart or in combination with that already taken or proposed,
and/or set aside any disciplinary action taken or proposed. Additionally, subject to the terms and
conditions of the Grievance Policy, the Mayor or his/her designee shall have authority to reinstate an
employee with or without compensation retroactive to the date of any prior suspension or other lost
time directly attributable to action(s) taken with respect to this and related policies in this handbook.
The authority of the Mayor or his/her designee shall extend and be subject to the following conditions,
procedures and controls:
If the Mayor or his/her designee finds that no grounds existed to request a chemical test, or that test
results, if any, were invalid, the employee shall be restored, without prejudice of record or action, to
the status the employee had or would have had (see other policies in this handbook, such as
performance evaluations, compensation, transfer and promotion policies, etc.), if no test had been
performed or requested under this policy. Additionally, should the employee be restored, such
restoration shall include the payment of any and all compensation (including benefit accruals, if any
apply) otherwise lost as a direct result of any disciplinary action taken with respect to this or other
related policies in this handbook.
City of Rexburg Employee Handbook
15
As a consequence of such restoration, it shall be the duty of the Mayor or his/her designee to direct
the expunging or purging of any and all records or files which bear upon or reference the request or
results of the testing or action which led to the hearing.
If the Mayor or his/her designee upholds the grounds under which a test was requested or completed,
they shall rule on whether or not any disciplinary action taken (including any suspension) or proposed
was proper and justified given the circumstances of the events and incident which gave rise to the
request for the test. Accordingly, the Mayor or his/her designee shall affirm, amend, modify, or alter
any disciplinary action taken, and may increase the severity of any disciplinary action taken or
proposed, up to and including termination.
An employee who shall suffer any disciplinary action including termination as a consequence of the
decision and order from a hearing under this and the Grievance Policy in this handbook shall not be
entitled to any past compensation which may have been lost due to such disciplinary action (e.g.,
suspension or termination).
As a consequence of a decision or order to uphold or enforce any form of disciplinary action which did
not lead to termination, the Mayor or his/her designee shall consider and determine what, if any,
continued conditions of employment shall be required to be met by the employee in order to maintain
proper standing in the future and meet the standards and policies established by the City. The Mayor
or his/her designee may establish continued conditions of employment through coordination with the
employee's Department Head and supervisor.
Continued conditions of employment may include, but not be limited to: strict adherence to all city
policies, procedures and practices to meet conditions of employment and performance standards,
written commitment from the employee as to what s/he will do to meet standards. Such may include
strict adherence to existing or proposed rehabilitation therapy and controls.
If any rehabilitation or treatment, be it physical or psychological or both, has been provided or
recommended, the Mayor or his/her designee shall either affirm, modify, set aside, or amend any
condition or recommendation of such rehabilitation or treatment. Any actual or proposed rehabilitation
or treatment shall not alter, modify or abrogate the right of the City to direct and control the employee,
the work force, or invoke or support disciplinary action taken (up to and including termination) with
respect to enforcement of this or any other policy or practice of the City.
It is the intent of the City that this administrative procedure and process provide an avenue of timely,
effective and inexpensive, review and enforcement of any disciplinary action or testing requested or
performed under the terms and conditions of the City's drug-free workplace policy and the standards
and procedures of enforcement set forth in this and the related Grievance Policy in this handbook
(See 712 Grievance Procedure). Other procedures regarding and related to the enforcement of this
policy shall be governed by the Grievance Procedure Policy in this handbook.
H. Private & Confidential Records.
In all cases involving testing for the presence of substances as detailed and provided for in this and
other applicable policies in this handbook, test results and records related to specific testing methods,
steps, and procedures shall be released to the City. Such results, records and other material related
to the testing and results are and shall remain the property of the City. Testing information and results
shall be shared by the City only with interested parties and only otherwise on a need-to-know basis.
Such need-to-know basis shall exist with respect to sharing confidential records with department
heads or immediate supervisors who shall be entrusted with disciplinary action, evaluation procedures,
and other direct responsibility over the employee.
Specific test results and specific records related to the test method(s), procedure(s), and related
medical process shall be kept in separate and confidential records apart from the employee's
City of Rexburg Employee Handbook
16
personnel file. Reference to the existence of such results and records shall be made in an employee's
file with respect to any record of disciplinary action taken or terms and conditions of continuing
employment stemming from or arising out of a testing procedure, request or outcome. The only
exception to such reference shall occur with respect to the restoration of an employee back to duty
whenever a hearing decision and order provides for such restoration and directs the expunging of
such record or reference.
I. Responsibility for Expenses.
The expense of any fitness for duty evaluations, examination or testing requested or required by the
City under this and related policies in this handbook shall be paid by the City. The expenses for any
treatment or rehabilitation program, if recommended, volunteered or mandatory, shall be the
responsibility of the employee. Employees may avail themselves of existing benefit programs, if any,
for which they are eligible. An example of such programs may be: Medical and Health Insurance
benefit coverage (to the extent rehabilitation is a covered benefit). Any benefit programs available are
subject to the terms and conditions of applicable Plan Providers and their limitations to the extent that
expense payment or reimbursement is available under any plan.
J. Right To Change Or Terminate Policy.
This policy describes the City's testing procedures, protocols for review, and applicable steps involved
with upholding, supporting, and enforcing its policies on Drugs & Alcohol in the workplace and Drug &
Alcohol Testing. It is the intent of the City to also uphold and enforce other applicable policies which
deal with the conditions and terms of employment with the City, including, but not limited to the City's
policies and practices related to disciplinary action for violations of its employment conditions, terms
and standards.
As stated elsewhere in this handbook, nothing in this or any other policy is intended to constitute a
contract of employment. Nothing in this or any other policy constitutes a term of contract nor is there
any express term or condition of employment to be inferred from this or any other policy.
The City reserves the right to amend, replace, and/or terminate this policy at any time.
K. Federal Law
Nothing contained in this policy is intended to violate or supersede the intent or provisions of the
federal Drug-Free Workplace Act, which, among other provisions, compels self-publication of
conviction(s) based on the illegal activity or use associated with illegal drugs or alcohol. Any
inconsistencies between or within the policy or this handbook and the Drug-Free Workplace Act shall
be resolved in favor of the provisions of said Act.
705 CONFLICTS OF INTEREST
Employees have an obligation to conduct business within guidelines that prohibit actual or potential
conflicts of interest. This policy establishes only the framework within which the City wishes the
business to operate. The purpose of these guidelines is to provide general direction so that
employees can seek further clarification on issues related to the subject of acceptable standards of
operation.
Transactions with outside firms must be conducted within a framework established and controlled by
the executive level of the City. Business dealings with outside firms should not result in unusual gains
for those firms or the employee. Unusual gain refers to bribes, product bonuses, special fringe
benefits, unusual price breaks, and other windfalls designed to ultimately benefit the outside firm, the
City of Rexburg Employee Handbook
17
employee, or both. Promotional plans that could be interpreted to involve unusual gain require specific
approval of the Mayor and City Council.
An actual or potential conflict of interest occurs when an employee is in a position to influence a
decision that may result in a personal gain for that employee or for a relative as a result of the City's
business dealings. For the purposes of this policy, a relative is any person who is related by blood or
marriage, or whose relationship with the employee is similar to that of persons who are related by
blood or marriage.
No "presumption of guilt" is created by the mere existence of a relationship with outside firms.
However, if an employee has any influence on transactions involving purchases, contracts, or leases,
it is imperative that he or she disclose to their Department Head, Chief Financial Officer, or the Mayor
as soon as possible the existence of any actual or potential conflict of interest so that safeguards can
be established to protect all parties.
Personal gain may result not only in cases where an employee or relative has a significant ownership
in a firm with which the City does business, but also when an employee or relative receives any
kickback, bribe,, substantial gift, or special consideration as a result of any transaction or business
dealing involving the City.
The materials, products, designs, plans, ideas, and data of the City are the property of the City and
should never be given to an outside firm or individual except through normal channels and with
appropriate authorization. Any improper transfer of material or disclosure of information, even though
it is not apparent that an employee has personally gained by such action, constitutes unacceptable
conduct. Any employee who participates in such a practice will be subject to disciplinary action, up to
and including possible termination of employment and legal action.
(See also: 707 Outside Employment below.)
706 ACCEPTANCE OF GIFTS
As per State Law, an employee shall not accept gifts from organizations, business concerns, vendors
or individuals in one calendar year valued in excess of $50.00. Such otherwise acceptable gifts
should still not be accepted if there is substantial risk of undermining official impartiality. These
limitations are not intended to prohibit the acceptance of gifts which are distributed generally, nor to
prohibit employees from accepting social courtesies which promote good public relations, nor to
prohibit employees from obtaining loans from regular lending sources.
It is particularly important that inspectors, contracting officers, and enforcement officials and
supervisors guard against relationships which might be construed as evidence of favoritism, coercion,
unfair advantage, or collusion.
Acceptance of any gift may be subject to review by the Department Head, the Department Oversight
Committee, or the Mayor.
707 OUTSIDE EMPLOYMENT
Employees may hold outside jobs as long as they meet the performance standards of their job with the
City. Employees should consider the impact that outside employment may have on their health and
physical endurance, as well as any conflicts of interest that may arise there from. All employees will
be judged by the same performance standards and will be subject to the City's scheduling demands,
regardless of any existing outside work requirements. See 705 Conflicts of Interest above.
City of Rexburg Employee Handbook
18
If the City determines that an employee's outside work interferes with performance or the ability to
meet the requirements of the City as they are modified from time to time, the employee may be asked
to terminate the outside employment if he or she wishes to remain with the City.
Outside employment that constitutes a conflict of interest is prohibited. Employees may not receive
any income or material gain from individuals outside the City for materials produced or services
rendered while performing their city jobs.
In order to determine any possible conflicts of interest, employees should notify their Department
Head, or in the case of Department Heads, the Mayor of all outside employment or contracted labor.
Forms for this purpose will be provided by the Human Resource Department and will be kept on file
with the employee’s personnel records.
708 DISCLOSURE OF INFORMATION
The protection of confidential business information is vital to the interests and the success of the City.
Such confidential information includes, but is not limited to, the following examples:
Compensation data
Customer or address lists
Pending projects and proposals
Technological data and computer data information
Technological prototypes including engineering drafts/drawings
While state law provides for the release of certain documents or information as public information,
such release(s) are controlled and limited to both procedure and type required for completion,
submission, and processing. All requests for public documents should be coordinated through the
Chief Financial Officer, City Attorney, City Clerk, or Public Works Director. All refusals to release city
information or documents must, by state law, be coordinated through the City Attorney.
By way of example, medical information and records are confidential and shall not be released to the
public. Likewise, on-going investigations, disciplinary action taken with an employee and other
records/action in which the public is not directly involved, are generally records which shall not be
released to the public without specific, written consent of the employee.
Any employee who inappropriately discloses confidential business information, particularly in cases
where the employee stands to personally gain or benefit from such disclosure, will be subject to review
for disciplinary action, up to and including possible termination of employment and legal action. The
only exception to this policy shall be made with the approval of the Mayor.
709 RETURN OF PROPERTY
Employees are responsible for all property, materials, or written information issued to them or in their
possession or control. Employees must return all City property immediately upon request or upon
termination of employment. Where permitted by applicable laws, the City may withhold from the
employee's check or final paycheck the cost of any items that are not returned when required. The
City may also take all action deemed appropriate to recover or protect its property.
710 SECURITY INSPECTIONS
The City wishes to maintain a work environment that is free of illegal drugs, alcohol, firearms,
explosives, or other improper materials. To this end, the City prohibits the possession, transfer, sale,
City of Rexburg Employee Handbook
19
or use of such materials on its premises, except for law enforcement officers in the proper
performance of their duties. The City requires the cooperation of all employees in administering this
policy.
Desks, lockers, and other storage devices may be provided for the convenience of employees, but
remain the sole property of the City. Accordingly, they, as well as any articles found within them, can
be inspected by any agent or representative of the City at any time, either with or without prior notice.
The City likewise wishes to discourage theft or unauthorized possession of the property of employees,
the City, visitors, and customers. To facilitate enforcement of this policy, the City or its representative
may inspect not only desks and lockers but also persons entering and/or leaving the premises and any
packages or other belongings. Any employee who wishes to avoid inspection of any articles or
materials should not bring such items onto the City's premises.
711
WORKPLACE DISCRIMINATION, HARASSMENT AND RETALIATION POLICY AND
COMPLAINT PROCEDURE
A. PURPOSE
1. This section establishes the City’s commitment to provide a work environment free from
unlawful discrimination, harassment and retaliation, and to set forth the procedures for
investigating and resolving internal complaints of such behavior. This policy should be
reviewed by each employee on a periodic basis.
2. It is important that all employees treat all other employees and members of the public with
respect and in a lawful and civil manner. It is the responsibility of every employee,
supervisor, office/department head and Elected Official to deter inappropriate behavior in the
workplace. Discriminatory harassing behavior that impacts, or has the potential to impact,
the workplace will not be tolerated.
3. This policy applies to all terms and conditions of employment, including but not limited to
hiring, placement, job retention, promotion, disciplinary action, layoff, reinstatement, transfer,
leave of absence, compensation and training.
B. POLICY
1. Unlawful discrimination or harassment of an applicant for employment, a
member of the public or an employee by any employee of the City on the basis of race, color,
religion, national origin, sex, age (40 and over) or disability is in violation of state and/or
federal law and will not be tolerated by the City.
2. Employees found to be participating in any form of employment-related unlawful
discrimination or harassment, or retaliating against another employee for filing a complaint
City of Rexburg Employee Handbook
20
alleging discrimination or harassment or cooperating with an investigation, will be subject to
disciplinary action up to and including termination of employment.
C. RESPONSIBILITIES
1. The City
a. It is the responsibility of the City to develop this policy, provide training on it, keep it
up to date, and ensure that any violation of this policy brought to its attention is dealt
with as required by law and according to this policy.
b. The City designates the HR Director___________, or his/her designee (“Designated
Official”), as the official who will be responsible for directing the procedures of this
policy.
2. Supervisors
a. Supervisors enforce the policy, train new employees on it, regularly review it with all
employees so that the employees know its provisions, and monitor the workplace for
compliance.
b. If a supervisor observes that unlawful discrimination, harassment or retaliation is
occurring, he/she should take immediate action to address the problem. Such action
should include, but is not limited to, speaking directly with the affected person,
developing a specific account of the actions, omissions or occurrences that are
deemed discriminatory, harassing or retaliatory, consulting with an office/department
head, and taking corrective or disciplinary action as appropriate. If the alleged
discrimination, harassment or retaliation is not within the supervisor’s area of
responsibility or oversight, he/she should notify the office/department head or other
appropriate management employee, who should then take prompt steps to address
the allegation.
c. If unlawful discrimination, harassment or retaliation is reported or alleged, it must be
followed up by a supervisor. A complaining party is not allowed to retract an
allegation of such unlawful actions without proving that it was made erroneously.
3. Employees
It is the responsibility of every employee to know this policy and to share the responsibility of
understanding and preventing unlawful discrimination, harassment and retaliation. But,
satisfactory investigation or resolution of complaints cannot occur without the initiative and
continued cooperation of the affected person. Individuals who believe they have been
discriminated, harassed or retaliated against have the primary obligation of informing their
supervisor, office/department had, Human Resource Officer or legal counsel for the City of
such actions, recounting specific actions or occurrences whenever possible.
Formatted: Font: 11 pt
City of Rexburg Employee Handbook
21
D. DEFINITIONS
Unlawful harassment includes, but is not limited to, the following behaviors:
1. Verbal Harassment – Derogatory comments, slurs, propositioning, or otherwise offensive or
abusive words or comments on the basis of race, color, religion, national origin, sex, age (40
and over) or disability, whether made in general, directed to an individual or directed to a
group of people regardless of whether the behavior was intended to harass. This includes,
but is not limited to, inappropriate sexually-oriented comments about dress or physical
features, sexual rumors, code words, race-oriented stories, as well as jokes of a sexual or
discriminatory nature or “kidding” that is oriented towards a prohibited form of harassment. 2. Physical Harassment – Assault, impeding or blocking movement, leering at, physical
interference with normal work, privacy or movement when directed at an individual on the
basis of race, color, religion, national origin, sex, age (40 and over) or disability. This
includes pinching, patting, grabbing, inappropriate behavior in or near bathrooms, sleeping
facilities and eating areas, or making explicit or implied threats or promises in return for
submission to physical acts.
3. Visual Harassment – Derogatory, prejudicial, stereotypical or otherwise offensive posters,
photographs, cartoons, e-mails, notes, bulletins, drawings or pictures on the basis of race,
color, religion, national origin, sex, age (40 and over) or disability. This applies to both
posted material and material maintained in or on City equipment or personal property in the
workplace. 4. Sexual Harassment – Any act that is sexual in nature and is made explicitly or implicitly a
term or condition of employment, is used as the basis of an employment decision,
unreasonably interferes with an individual’s work performance or creates an intimidating,
hostile or offensive work environment.
There are basically two types of sexual harassment:
1. "Quid pro quo" harassment, where employment decisions such as raises,
promotions, better working hours, job retention, etc., are directly linked to
compliance with sexual advances/unlawful sexual harassment. Therefore, only
someone in a supervisory capacity with the authority to grant any of such benefits
can engage in quid pro quo harassment. Examples: A supervisor promising an
employee a raise if she goes on a date with him; a manager telling an employee
she will fire him if he does not have sex with her.
2. "Hostile work environment," where the unlawful harassment creates an offensive
and unpleasant working environment.
A hostile work environment can be created by anyone in the work environment,
whether they are supervisors, other employees or the public. Hostile work
environment harassment consists of verbiage of a sexual nature, unwelcome sexual
materials, or even unwelcome physical contact as a regular part of the work
environment. Cartoons or posters of a sexual nature, vulgar or lewd comments or
jokes, or unwanted touching or fondling all fall into this category. A prohibited hostile
work environment does not exist simply because a supervisor is rude, belittles the
employee or requires work that the employee does not want to do. A prohibited
hostile work environment is only present when it is based on the above factors.
E. COMPLAINT PROCEDURE
The following complaint procedure must be followed to address a complaint regarding
discrimination, harassment or retaliation:
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Indent: Left: 1.13", Space After: 10 pt, Line spacing: Multiple 1.15 li, Numbered
+ Level: 1 + Numbering Style: 1, 2, 3, … +Start at: 1 + Alignment: Left + Aligned at: 0.81" + Indent at: 1.06"
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
City of Rexburg Employee Handbook
22
1. A person who believes he/she has been unlawfully discriminated, harassed or retaliated
against should report it to his/her supervisor, office/department head, Human Resource
Officer, or legal counsel for the City. If a supervisor becomes aware of a complaint in any
way that unlawful discrimination, harassment or retaliation is occurring in any City
office/department, the supervisor should immediately report it to a designated official and
legal counsel for the City, unless the designated official is the focus of the complaint, in which
case the legal counsel for the City should be informed, and will have the responsibility to
direct the investigation.
2. Once such a complaint has been made, the complaint cannot be withdrawn by the
complainant without a determination that is was made erroneously.
3. Promptly upon receiving the complaint, the designated official should initiate the investigation
to determine whether there is a reasonable basis for believing that an alleged violation of this
policy or law has occurred.
4. Upon receiving the complaint, or being advised by a supervisor that violation of this policy
may be occurring, the designated official should review the complaint and consult with legal
counsel for the City and the Human Resource Officer.
5. The designated official, in consultation with legal counsel for the City, should engage an
appropriate person to investigate the complaint. The investigator should be a neutral party,
but the designated official may serve as the investigator in appropriate circumstances.
6. The investigator should interview the complainant, the person alleged to have committed the
offenses, and any relevant witnesses to determine whether or how the alleged conduct
occurred.
7. As soon as practicable, the investigator will conclude the investigation and submit a
report of the findings to the designated official, who will then route it as appropriate.
8. If it is determined that unlawful discrimination, harassment or retaliation has occurred, the
appropriate official will recommend the course of action to be taken by the City. The action
will depend on the following factors:
a. The severity, frequency and pervasiveness of the conduct;
b. The conduct of the respective employees;
c. Prior complaints made against the person alleged to have committed the offenses;
and
d. The quality of the evidence (first-hand knowledge, credible corroboration etc.).
9. If the investigation is inconclusive or it is determined that there has been no unlawful
discrimination, harassment or retaliation, but some potentially problematic conduct is
revealed, corrective action may be taken.
10. Promptly after the investigation is concluded, the designated official and/or the appropriate
supervisors and legal counsel for the City will separately meet with the complainant and the
person alleged to have committed the offenses to notify them in person of the findings of the
investigation.
11. The complainant and the person alleged to have committed the offenses may submit
statements to the designated officials and/or supervisors challenging the factual basis of the
findings. Any such statement must be submitted no later than five (5) working days after the
meeting in which the findings of the investigation are discussed.
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
City of Rexburg Employee Handbook
23
12. Promptly after the designated official and/or supervisors have met with both parties and
reviewed the documentation, and after consultation with legal counsel, a decision will be
made as to what action, if any, should be taken by the Mayor or department head.
F. DISCIPLINARY ACTION
If unlawful discrimination, harassment or retaliation is determined to have occurred, the
supervisor should take prompt and effective remedial action against the actor. The action should
be commensurate with the severity of the offense, up to and including termination of
employment.
G. RETALIATION
Retaliation in any manner against a person for filing or initiating in good faith a charge or
complaint of discrimination or harassment, testifying in an investigation, providing information or
assisting in an investigation is expressly prohibited and subject to disciplinary action up to and
including termination. The supervisor, office/department head and Elected Officials should take
reasonable steps to protect the victim and other potential victims from further harassment or
related consequences.
H. CONFIDENTIALITY
Confidentiality should be maintained to the fullest extent possible in accordance with applicable
federal, state and local law. However, a complete and thorough investigation of the allegations
will require the investigator to inform witnesses of certain aspects of the complaint in order to
obtain an accurate account of the actions of the parties involved. The City’s insurer may also be
engaged to assist in all phases of any proceeding or investigation.
I. FALSE COMPLAINTS
Discipline will result, up to and including termination, when it is conclusively determined that an
employee made a complaint of discrimination, harassment or retaliation knowing it to be false
and/or knowingly participated in the falsehood. This section is not intended to discourage
employees from making complaints regarding unlawful employment-based behavior. An
employee will not be disciplined for reporting actual behavior that in good faith the employee
believed was unlawful employment-based behavior. However, false complaints adversely impact
the workplace and the career of the accused, even when disproved, and will not be tolerated.
UNLAWFUL DISCRIMINATION AND HARASSMENT
The City is committed to providing a work environment that is free of discrimination and unlawful
harassment. Actions, words, jokes, comments, or any other form of harassment based on an
individual's sex, race, ethnicity, age, religion, or any other legally protected characteristic will not be
tolerated.
SEXUAL HARASSMENT
Sexual harassment (both overt and subtle) is a form of employee misconduct that is demeaning to
another person, undermines the integrity of the employment relationship, and is strictly prohibited.
Formatted: Font: 11 pt
Formatted: Indent: Left: 0.75", Space After:
10 pt, Tab stops: Not at 0.25"
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Formatted: Font: 11 pt
City of Rexburg Employee Handbook
24
Sexual harassment can usually be defined as one of the following:
1) “Quid Pro Quo” involves the exchange of sexual favors for employment-related benefits. Examples
might include, but are not limited to, hiring, promotion or other employment benefit being given or denied
because of consent or refusal to consent to sexual advances or favors.
2) “Hostile Work Environment” is where conduct of a sexual nature or connotation becomes so hostile or
abusive, because of its pervasiveness or severity, that it has the purpose or effect of unreasonably interfering
with an employee’s work performance or creating an intimidating, hostile, or offensive work environment for an
employee, a supervisor, a customer, a citizen, or anyone else, whether involved in the conduct or not. Examples
might include, but are not limited to, pictures, actions, touching, words, jokes, or comments of a sexual nature,
whether real or perceived as such.
Employees should immediately communicate to the person committing the sexual harassment that
their actions are unwelcome. Any employee who wants to report an incident of sexual or other unlawful harassment should promptly report the matter to his or her supervisor. (See 712 Grievance
Procedure below) If the supervisor is unavailable or the employee believes it would be inappropriate
to contact that person, the employee should immediately contact their Department Head. Where an
employee believes it would be inappropriate to discuss the nature of a concern with their Department
Head, they can go to the Human Resource Director, City Attorney, Chief Financial Officer, or the
Mayor. Employees, who would prefer to report a problem to a female, may discuss it with the Payroll
Clerk or Deputy Treasurer. Employees can raise concerns and make reports without fear of reprisal.
Retaliation in any form by any employee, including supervisors, against someone who has reported or
may report an incident of sexual harassment is strictly prohibited.
Any employee who becomes aware of possible sexual or other unlawful harassment, should promptly
advise the Human Resource Director, City Attorney, Chief Financial Officer or Mayor, who will handle
the matter in a timely and confidential manner.
Any employee engaging in sexual or other unlawful harassment or in retaliation for the reporting
thereof will be subject to disciplinary action, up to and including termination of employment.
712 PROCEDUREPROGRESSIVE DISCIPLINE
A. PURPOSE OF DISCIPLINE/PERFORMANCE POLICY
This discipline/performance policy of the City establishes a consistent procedure for maintaining
suitable behavior and a productive working environment. These procedures are directory in
nature and minor variations in the processes set forth herein will not affect the validity of any
actions taken pursuant to this policy.
B. DISCIPLINARY/PERFORMANCE SYSTEM FRAMEWORK
The following framework guides the processes to be taken when an employee violates
employment policies or fails to adequately perform his/her duties. Nothing contained herein is
intended to limit the reasons for which the employee may be disciplined, including termination of
the employment. In addition, nothing contained herein is intended to change the at-will nature of
the employment for those employees identified as at-will in this policy. Progressive steps may be
implemented in order to encourage improved performance or attitude, but are not required. The
City may take any of the prescribed steps in any order when a supervisor deems an action of the
employee to be serious enough to warrant a certain step.
Formatted: Normal, Indent: Left: 0", Firstline: 0"
Formatted: Normal, Indent: Left: 0", Firstline: 0"
Formatted: Font: 11 pt
Formatted: Font: 14 pt
Formatted: Font: 11 pt
Formatted: Font: 12 pt
Formatted: Font: 11 pt
City of Rexburg Employee Handbook
25
C. DISCIPLINARY ACTIONS AVAILABLE
1. The following actions are among the disciplinary actions that may be taken in response to
personnel policy violations:
a. Oral warning
b. Written warning or reprimand
c. Suspension without pay
d. Demotion
e. Dismissal
2. Conditions of maintaining employment that relate to particular performance/behavior issues
may be established in conjunction with any of these actions.
B. OPPORTUNITY TO BE HEARD—ASSERTIONS OF UNLAWFUL DISCRIMINATION
AND RETALIATION AND “NAME-CLEARING HEARING”
1. All employees are at-will employees. However, at-will employees may from time to time
experience adverse consequences of unlawful discrimination or retaliation. In addition, a
public employee who is being demoted with a reduction in pay or terminated from
employment based upon allegations of dishonesty, immorality or criminal misconduct is
constitutionally entitled to a name-clearing hearing when one is requested.
2. Unlawful discrimination and retaliation address actions that are alleged to involve decisions
based upon age, sex, race, religion, national origin or disability that is not a bona fide
occupational qualification. The City does not condone discrimination on the basis of the
foregoing unlawful categories. Unlawful retaliation addresses actions that are taken against
an employee for initiating a charge of discrimination or harassment, or for assisting in any
way in an investigation of such charges.
3. Failure to pursue this opportunity to be heard or name-clearing hearing procedure constitutes
a waiver of this opportunity.
4. Issues involving job performance or employee attitude, without allegations of discrimination,
retaliation, dishonesty, immorality or criminal misconduct, are not the proper subject of this
procedure and will not be heard.
5. The procedure for the opportunity to be heard or name-clearing hearing is as follows:
a. Within fourteen (14) days of his/her termination or demotion, the employee may submit a
written allegation of unlawful discrimination or retaliation, or the basis for entitlement to a
name-clearing hearing, stating with particularity the basis for the requested hearing. Written
allegations that are untimely submitted or that fail to state a particular, legally recognized basis
City of Rexburg Employee Handbook
26
will not be granted an opportunity to be heard. An employee will be promptly notified if a
requested hearing is denied.
b. An employee alleging unlawful discrimination or retaliation, or who is legally entitled to a
name–clearing hearing, will meet with the City Council. The hearing will not exceed one (1)
hour in duration.
c. An audio recording of the hearing will be made and maintained as part of the personnel
record.
d. The employee’s supervisor may provide a brief written statement at least twenty-four (24)
hours prior to the hearing in response to the charges. The City Council may require the employee’s supervisor to participate in the hearing.
e. The employee will be provided an opportunity to present evidence upon which the claims are
based.
f. The City Council may ask questions during this process.
g. The employee may question participants during this process.
h. The Idaho Rules of Evidence do not apply to this opportunity to be heard or name-clearing
hearing.
6. After the hearing, the City Council will consider the information submitted, and such other
information as might be in the City’s records, to arrive at a decision concerning the
employee’s allegations. The decision will set forth in writing the reasons for the City
Council’s determination.
GRIEVANCE PROCEDURE
It is the policy of the City of Rexburg to seek fair and equitable treatment of all employees and to
encourage positive and cooperative relationships among all regular full-time and part-time employees
and between employees and supervisors. Grievances which arise from any disputed action or
discipline as the result of enforcement or interpretation of the policies and procedures of the City and
this handbook may be heard. Grievances may include termination of employment or complaints of
unfair or unjust treatment of employees within the scope of the City's policies and procedures.
As stated in Section 504 of the Rehabilitation Act of 1973, employees of the City shall not be
discriminated against, excluded from participation in or denied benefits of any program or activity
receiving Federal assistance, solely on the basis of a physical handicap.
In accordance with this Act, the City, as a recipient of Idaho Community Development Block Grant
(ICDBG) funds, certifies all citizens shall have the right to submit his or her grievance(s) and receive a
response in a timely, equitable, and responsible manner.
In the case of an MFD employee grievance, the wording below as “Mayor or his/her designee” shall be
replaced by “the Rexburg/Madison Emergency Services Board”.
When an employee believes a problem or grievance exists which impairs his/her effectiveness at
work, the following procedure may be initiated by the employee to define and resolve the problem or
grievance:
STEP 1
City of Rexburg Employee Handbook
27
The employee shall seek to solve any problem or grievance by discussion with the Department Head.
(See 204 Employment Categories in 200 Records & Status for the definition of a Department Head)
If the problem or grievance is of sufficient significance, the employee may present a written statement
to the Department Head. The Department Head must reply in writing to the employee within 14
calendar days from the date of notice of a problem by the employee.
EXCEPTION
An exception to this Step 1 procedure may occur when the employee is the subject of a drug or
alcohol positive test result (or refusal to take such a test) under the terms and conditions of the City's
Drug & Alcohol Policy and/or the Fitness For Duty Policy, found in 703 & 704 of this handbook. In this
case, the Department Head need not provide a written reply to the employee's written request for
review. In such instances, the request for review will go directly to the Mayor or his/her designee as is
seen in Step 2(b) below.
STEP 2
a. If the employee is still dissatisfied, the employee may request review by the Mayor or his/her
designee. Such requests must be made within 14 calendar days from the date the Department Head
replies or offers a resolution to the employee.
b. The problem or grievance must be presented to the Mayor or his/her designee in writing.
Except for requests involving the Drug & Alcohol Policy and the Fitness For Duty Policy, the Mayor or
his/her designee will decide within five (5) business days of receiving the written request, to determine
if the problem or grievance is valid and deserving of further review.
STEP 3
If the grievance is considered valid by the Mayor or his/her designee, or in the case of a discharge, the
Mayor or his/her designee will schedule a meeting within 14 calendar days with the employee, and the
Department Head to seek a mutual resolution of the problem or grievance, or in the case of a
discharge or action involving the Drug & Alcohol Policy or the Fitness For Duty Policy, to hear the
employee's grievance.
STEP 4
After the grievance is heard, the Mayor or his/her designee will issue, within five (5) business days, a
decision as to any discharge and other action to be taken.
Formatted: Tab stops: -0.25", Left + 0.25",Left + 0.75", Left + 1.25", Left + 1.75", Left+ 2.25", Left + 2.75", Left + 3.25", Left +
3.75", Left + 4.25", Left + 4.75", Left + 5.25", Left + 5.75", Left + 6.25", Left + 6.75", Left + Not at 0.5" + 1" + 1.5" + 2" +
2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5"+ 6" + 6.5"
Formatted: Tab stops: -0.25", Left + 0.25",Left + 0.75", Left + 1.25", Left + 1.75", Left
+ 2.25", Left + 2.75", Left + 3.25", Left + 3.75", Left + 4.25", Left + 4.75", Left + 5.25", Left + 5.75", Left + 6.25", Left + 6.75", Left + Not at 0.5" + 1" + 1.5" + 2" +
2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5"+ 6" + 6.5"
Formatted: Tab stops: -0.25", Left + 0.25",Left + 0.75", Left + 1.25", Left + 1.75", Left
+ 2.25", Left + 2.75", Left + 3.25", Left + 3.75", Left + 4.25", Left + 4.75", Left + 5.25", Left + 5.75", Left + 6.25", Left +
6.75", Left + Not at 0.5" + 1" + 1.5" + 2" + 2.5" + 3" + 3.5" + 4" + 4.5" + 5" + 5.5"+ 6" + 6.5"
Formatted: Tab stops: -0.25", Left + 0.25",Left + 0.75", Left + 1.25", Left + 1.75", Left
+ 2.25", Left + 2.75", Left + 3.25", Left + 3.75", Left + 4.25", Left + 4.75", Left + 5.25", Left + 5.75", Left + 6.25", Left +
6.75", Left