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Office of the
Attorney General
Idaho
Ethics In Government
Manual
JULY 2015
LAWRENCE WASDEN
Attorney General
700 West Jefferson Street
Boise, ID 83720-0010
www.a .i daho.gov
State of Idaho
Office of Attorney General
Lawrence Wasden
INTRODUCTION
Honest and open government is fundamental to a free society.
The Idaho Legislature has formalized our state's commitment to honest
and ethical government by enacting several statutes governing the ethical
behavior of public officers. These laws are intended to ensure that public
officials remain public servants.
Idaho has three primary statutes governing ethics in
government: the Bribery and Corrupt Influence Act; the Prohibition
Against Contracts with Officers Act; and the Ethics in Government Act.
In addition, statutes that govern a particular state agency, state
subdivision or municipal corporation often contain provisions regulating
the ethical behavior of public officials.
Any complete analysis of an ethical question involving a public
official must include the three acts named above as well as statutes
dealing specifically with the governmental agency, office or subdivision
involved. Specific statutes relating to the particular agency or
subdivision will control over the more general statutes. When two or
more general statutes apply to the same subject, an attempt should be
made to reconcile the statutes.
All of us who accept public office, whether elected or
appointed, also accept an ethical duty to serve honestly and in the
public's interest. While the state and the people must demand
compliance with Idaho's ethics laws, public officials should understand
that these laws set a minimum standard of behavior. Crossing these lines
can result in fines and incarceration. Responsible and ethical public
officials hold themselves to an even higher standard than mere
compliance.
My Office has prepared this legal manual for your information.
I hope it assists you when presented with applicable situations.
Sincerely,
LAWRENCE G. WASDEN
Attorney General
TABLE OF CONTENTS
QUESTIONS AND ANSWERS............................................................I
STATUTORY INTERPRETATION.............................................................1
PURPOSE OF ANALYSIS OF ETHICS STATUTES.....................................1
PUBLIC EMPLOYEES OR OFFICIALS COVERED BY ETHICS
2
STATUTES.....................................................................................
3
NEPOTISM............................... .............................................................
CONFLICTS OF INTEREST/PROHIBITED CONTRACTS .............................4
BRIBERY/CORRUPT INFLUENCE & GIFTS TO PUBLIC OFFICIALS
.......... 8
INCOMPATIBILITY OF OFFICE.............................................................11
CONSANGUINITYCHART..............................................................14
RELEVANTSTATUTES....................................................................15
BRIBERY AND CORRUPT INFLUENCE ACT..........................................15
ETHICS IN GOVERNMENT ACT............................................................24
PROHIBITIONS AGAINST CONTRACTS WITH OFFICERS .......................30
MISCELLANEOUS STATUTES..............................33
INDEX OF ADDITIONAL CONFLICTS OF INTEREST
STATUTES...........................................................................................36
Idaho Ethics In Government
QUESTIONS AND ANSWERS
STATUTORY INTERPRETATION
Question No. 1: Is there overlap between the various ethical
statutes pertaining to public employees and officials, and how should the
statutes be analyzed?
Answer: Yes. The first step in analyzing which statute applies
to a particular situation is to detennine whether there is a specific statute
dealing with the governmental entity or the public position in question.
For example, Idaho Code § 33-507 contains a prohibition against school
board trustees contracting with the school district. This statute controls
the more general anti -contracting provisions found in chapter 13, title 18,
or chapter 5, title 74, Idaho Code. See, Attorney General Opinion No.
93-10. In addition, when dealing with the more general ethics statutes,
there may be some overlap. In the case where two or more general
statutes apply to the same situation, an attempt should be made to
reconcile the statutes.
Too often, conflict analysis begins and ends with an analysis of
chapter 4 of title 74, the Ethics in Government Act. Chapter 4 covers
acts by members of legislative or administrative bodies and does not
necessarily prohibit any act, but merely requires disclosure. However,
the action creating the conflict may be prohibited by other provisions
contained within the Idaho Code.
PURPOSE OF ANALYSIS OF ETHICS STATUTES
Question No. 2: What is the purpose of the analysis of the
ethical statutes with regard to the actions of public officials?
Answer: The purpose of the ethical statutes is to establish a
ground floor for conduct by public officials. Proper analysis of ethical
statutes should not be for "loopholes" or "technicalities" by which one
can take advantage of government, the public, or other interested parties.
If your analysis requires that you find a "loophole," within Idaho's
ethical statutes, then your conduct is likely unethical. Ethics for public
officials is also tricky for another reason. Within public service, there are
often two courts: the traditional legal system, and the court of public
opinion. A win in one does not guarantee a win in the other. When
determining the proper answer to any ethics determination, a public
official should be mindful of the impact his decision may have both
1
Idaho Ethics In Government
legally and publicly. Public officials, by the trusteeship given them by
the electorate, are held to a higher ethical standard.
PUBLIC EMPLOYEES OR OFFICIALS COVERED BY ETHICS
STATUTES
Question No. 3: Who is subject to Idaho Code §§ 18-1351 et
seq., the Bribery and Corrupt Influence statutes?
Answer: Idaho Code §§ 18-1351, et seq,. regulate the conduct
of public servants in the areas of bribery and corrupt practices, including
conflicts of interest and nepotism. Unless otherwise stated, these statutes
apply to all "public servants," which is defined to mean: "any officer or
employee of government, including legislators and judges, and any
person participating as juror, advisor, consultant or otherwise, in
performing a governmental function; but the term does not include
witnesses."
Question No. 4: Who is subject to chapter 4 of title 74, the
Ethics in Govermment Act?
Answer: All "public officials" are subject to the Ethics in
Govermnent Act. "Public official" means any person holding public
office in the following capacity:
(a) As an elected public official meaning any person
holding public office of a governmental entity by virtue of an elected
process, including persons appointed to a vacant elected office of a
governmental entity, excluding members of the judiciary; or
(b) As an elected legislative public official meaning
any person holding public office as a legislator; or
(c) As an appointed public official meaning any person
holding public office of a governmental entity by virtue of formal
appointment as required by law; or
(d) As an employed public official meaning any person
holding public office of a governmental entity by virtue of
employment, or a person employed by a governmental entity on a
consultative basis.
Question No. 5: Who is subject to the prohibition against
contracts with officers contained in chapter 5, title 74, Idaho Code?
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Idaho Ethics In Government
Answer: All members of the legislature and state, county, city,
district and precinct officers are subject to the prohibitions contained in
chapter 5, title 74, Idaho Code. While "officer" is not defined, the
definition of "public official" contained in the Ethics in Government Act
should be considered as a guide to those covered by the prohibitions in
chapter 5, title 74, Idaho Code.
NEPOTISM
Question No. 6: Is the current employment of a public
employee jeopardized by the subsequent election of a relative to a public
office that has supervisory authority over that employee?
Answer: Idaho Code § 18-1359 sets forth the nepotism policy
of the state of Idaho. The Attorney General's Office has taken the
position that existing public employment will not be jeopardized by the
subsequent election of a relative of that employee to public office.
Question No. 7: How does the subsequent election of a relative
affect promotion/advancement potential of a current employee?
Answer: Under Idaho Code § 18-1359(5), the employee may
continue to work in the current job assignment and remain eligible to
receive non -meritorious pay increases. Idaho Code § 18-1359(e)
prohibits the public official from appointing or voting for the
appointment of the relative to any position, employment or duty.
Similarly, more specific sections relating to the mayor, city council,
county commissioners and state legislators may prohibit any person, not
just the related elected official, from appointing the current employee to
any office, position, employment or duty.
Question No. 8: When a county employee's spouse is elected
to the county commission, is the employee's position jeopardized?
Answer: As stated above, Idaho Code § 18-1359 states that
existing public employment should not be jeopardized by the subsequent
election of a relative to public office. The 2002 enactment of Idaho Code
§ 18-1359(5) is intended to permit the spouse of an elected official to
continue in his/her present employment. However, Idaho Code § 74-501
may cast some doubt on whether Idaho Code § 18-1359(5) fully permits
continued employment. Due to the enactment of Idaho Code § 18-
1359(5) and the Statement of Purpose accompanying the bill, it appears
that a court would likely permit the continued employment of a spouse of
a subsequently elected official.
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Idaho Ethics In Government
Idaho Code § 33-507 may prohibit the continued employment by a
school district of an employee whose spouse is elected to the district's
board of trustees where the contract must be renewed annually. Idaho
Code § 33-2106 incorporates Idaho Code § 33-507 applying the
prohibition to trustees of junior college districts.
Question No. 9: May a county enter into a contract for goods or
services with the son/daughter-in-law of one of the commissioners?
Answer: Idaho Code §§ 18-1359(1)(F) and 67-5726 applies in
this situation. The code section provides:
No person related to a county conunissioner by blood
or marriage within the second degree shall be
appointed to any clerkship, office, position,
employment or duty with the commissioner's county
when the salary, wages, pay or compensation of such
appointee or employee is to be paid out of public
funds.
The corrunissioner's son/daughter-in-law is clearly related by marriage
within the second degree, and will be compensated for the performance
of his/her duties. The county would be prohibited from hiring the
commissioner's son/daughter-in-law.
CONFLICTS OF INTEREST/PROHIBITED CONTRACTS
Question No. 10: What action is required under chapter 4 of
title 74, Idaho Code, the Ethics in Government Act, if a conflict of
interest exists?
Answer: The Ethics in Government Act requires certain action
when a conflict of interest exists. A conflict of interest is generally
defined as any "official action or any decision or recommendation by a
person acting in a capacity as a public official, the effect of which would
be to the private pecuniary benefit of the person or a member of the
person's household, or a business with which the person or a member of
the person's household is associated."
When a conflict of interest exists, the public official must
disclose the conflict. Under the Ethics in Government Act, disclosure
does not affect an elected public official's authority to be counted for the
purpose of determining a quorum and to debate and to vote on the matter.
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Idaho Ethics In Government
The public official may seek legal advice on whether a conflict
of interest exists. If the legal advice is that a real or potential conflict
may exist, generally, the public official must prepare a written statement
describing the matter required to be acted upon and the nature of the
potential conflict, and shall file such statement with the entity set forth in
the statute pertaining to the appropriate elected or appointed office.
Disclosure of the conflict or consultation with counsel satisfies
the requirements of the Ethics in Government Act. It does not, however,
permit the public official to engage in acts prohibited by other provisions
of the Idaho Code.
Question No. 11: Are there exceptions to the definition of
conflict of interest in chapter 4 of title 74, Idaho Code, the Ethics in
Government Act?
Answer: Yes. Under the Act, there is no conflict of interest if
the pecuniary benefit received arises out of:
(a) An interest or membership in a particular business,
industry, occupation or class required by law as a prerequisite to the
holding by the person of the office or position;
(b) Any action in the person's official capacity which
would affect to the same degree a class consisting of an industry or
occupation group in which the person, or a member of the person's
household or business with which the person is associated, is a
member or is engaged;
(c) Any interest which the person has by virtue of his
profession, trade or occupation where his interest would be affected
to the same degree as that of a substantial group or class of others
similarly engaged in the profession, trade or occupation;
(d) Any action by a public official upon any revenue
measure, any appropriation measure or any measure imposing a tax,
when similarly situated members of the general public are affected
by the outcome of the action in a substantially similar manner and
degree.
Question No. 12: What is the effect on a contract entered into
in violation of the conflict of interest provisions of Idaho law?
5
Idaho Ethics In Government
Answer: The answer depends upon the specific statute and how
the courts may have interpreted that statute. Violations of Idaho Code §
74-501 are voidable by any party, except the interested official, but not
void from the beginning. Idaho Code § 74-504.
However, violations of other ethics statutes may cause the
contract to be void. For instance, in Independent School Dist. No. 5 v.
Collins, 15 Idaho 535, 98 P. 857 (1908), the court addressed violations of
Idaho Code § 33-507, stating:
[S]uch contracts are absolutely void. If money is
illegally paid on such void contract, the district may
recover it back, and in case the district refuses to do
so, any taxpayer of the district may, for and on behalf
of the district, maintain an action for the recovery of
the money so illegally paid. 15 Idaho at 541.
In any contract or transaction entered into which is ruled void,
the public official would be required to refund any money he/she receives
pursuant to a contract or transaction with the board. Such a challenge
could be initiated by the board or by a taxpayer within the respective
governmental entity.
Question No. 13: May the employer of a city council member
contract with the city?
Answer: The answer is "yes," under certain circumstances, such
as when an interest is defined to be remote under Idaho Code § 74-502
and, therefore, not a conflict of interest. "Remote interest" means:
(a) That of a non -salaried officer of a nonprofit
corporation; or
(b) That of an employee or agent of a contracting party
where the compensation of such employee or agent consists entirely
of fixed wages or salary; or
(c) That of a landlord or tenant of a contracting party;
or
(d) That of a holder of less than one percent (1 %) of
the shares of a corporation or cooperative that is a contracting party.
2
Idaho Ethics In Government
However, even if the interest is remote, the public official must
disclose the remote interest prior to the formation of the contract, and the
governing body must approve the contract on a vote sufficient for that
purpose without counting the vote of the officer having the remote
interest. Furthermore, the public official cannot attempt to influence
another officer of the board of which he is an officer to enter into the
contract.
Question No. 14: Are there any circumstances where a public
official can personally contract with a board of which he or she is a
member?
Answer: In rare circumstances a public official can contract
directly with the board of which he/she is a member whether or not he or
she is an elected or appointed public official. Under Idaho Code § 18-
1361, a public official or his/her relatives can contract with the board if:
(1) The contract is competitively bid and the public servant or
his/her relative submits the low bid; and
(2) Neither the public servant nor his/her relative takes any part
in the preparation of the contract or bid specifications, and the public
servant takes no part in voting on or approving the contract or bid
specifications; and
(3) The public servant snakes full disclosure, in writing, to all
members of the governing body, council or board of said public body of
his/her interest or that of his/her relative and of his or his relative's
intention to bid on the contract; and
(4) Neither the public servant nor his/her relative has violated
any provision of Idaho law pertaining to competitive bidding or improper
solicitation of business.
Question No. 15: May a school district conduct business with a
business establishment whose owner is a spouse of a school board
trustee?
Answer: Idaho has a long-standing tradition of forbidding
school board trustees from doing any business with or receiving any
pecuniary benefit from the district they serve. Idaho Code § 33-507
states in relevant part:
7
Idaho Ethics In Government
It shall be unlawful for any trustee to have pecuniary
interest, directly or indirectly, in any contract or other
transaction pertaining to the maintenance or conduct
of the school district, or to accept any reward or
compensation for services rendered as a trustee
except as may be otherwise provided in this section.
Purchases by the district of material from an establishment
owned by the spouse of a school board trustee provide a direct or indirect
pecuniary benefit to the member of the school board. The school board
trustee would certainly benefit from any transactions between the district
and the business establishment. Even if there is not a written contract
between the business establishment and the district, it does not take the
situation outside the reach of Idaho Code § 33-507. There would still be
a contractual relationship between the business and the district.
Moreover, the contract would be void.
Idaho Code § 33-2106 incorporates Idaho Code § 33-507 and
makes the limitations on the authority of school district trustees
applicable to trustees of junior college districts.
Question No. 16: May a county employee purchase property
that the county has for sale?
Answer: There is no express prohibition against a county
employee purchasing county property, unless that individual is a county
commissioner or other officer. See Idaho Code §§ 31-807A and 74-503.
This rule applies to county employees generally. Sheriffs' deputies
selling property at sheriffs' sales are prohibited from participating in the
sale.
BRIBERY/CORRUPT INFLUENCE & GIFTS TO PUBLIC
OFFICIALS
Question No. 17: Would a regional tour sponsored by a
chamber of commerce to acquaint legislators with a region of the state,
provided without charge to every member of the Idaho Legislature,
violate the Bribery and Corrupt Influence Act?
Answer: Idaho Code § 18-1356 regulates gifts to public
servants. Subsection (4) relates to legislative and executive officials:
No legislator or public servant shall solicit, accept or
agree to accept any pecuniary benefit in return for
8
Idaho Ethics In Government
action on a bill, legislation, proceeding or official
transaction from any person known to be interested in
a bill, legislation, official transaction or proceeding.
There have been no allegations, nor has it ever been suggested, that the
efforts of the members of the chamber of commerce are made in return
for legislative action on their behalf. Therefore, the tour in general does
not violate Idaho Code § 18-1356(4).
Consideration must also be given to Idaho Code § 18-1359(l)(a), which
provides:
No public servant shall:
(a) Without the specific authorization of the
governmental entity for which he serves, use public funds or
property to obtain a pecuniary benefit for himself.
It is the opinion of the Attorney General's Office that the legislature, by
enacting Idaho Code § 18-1359(1)(a), did not intend to prohibit and
criminalize participation in activities such as this tour. The combination
of official business with conferences and social activities is a fact of
modern life, and it is the opinion of this office that the legislature did not
intend to eliminate that reality. This tour is a legitimate function of the
legislature, and the expenses associated with the tour, if submitted on a
voucher, could be financed by the state. As such, they are clearly not
pecuniary benefits inuring to the legislators' personal or private benefit.
Question No. 18: Would a business trip by legislators for the
purpose of viewing demonstrations of a product purchased by the state,
in which airfare, food and lodging were paid for by the vendor, but not
entertainment events, violate either the Ethics in Government Act or the
Bribery and Corrupt Influences Act?
Answer: Idaho Code § 74-402, the Ethics in Government Act,
is directed primarily towards improper activities of public officials in the
course of their official duties. In this case it is apparent that the public
officials would derive some pecuniary benefit from the trip. However,
the pecuniary benefit does not appear personal in nature because the trip
is for business purposes only, without any entertainment or personal
activities on the agenda. The facts do not reveal that any "official action"
or any decision or recommendation has been made by the public officials
to the benefit of the company sponsoring the trip. The trip does not
relate to any upcoming bidding or contracting process in which the
9
Idaho Ethics In Government
company stands to gain or lose. The trip does not seem to violate the
Ethics in Government Act.
Idaho Code § 18-1359(1)(a) is also not an issue in this case. The
officials are acting strictly in their official capacity, there will be no
private or personal gain in the form of entertainment or other purely
personal activities, and the business trip appears to be directed solely at a
legitimate legislative function --gathering technical information relevant
to the state's interest in a product. This type of informational business
trip does not call into question the type of private pecuniary gain or
official action in return for such gain which Idaho's ethics laws clearly
and strongly outlaw. The trip would not violate either the Ethics in
Government Act or the Bribery and Corrupt Influences Act.
Question No. 19: Can members of the Idaho Legislature accept
gift packs from a marketing association in the state of Idaho in which the
products are intended to promote the variety and quality of merchandise
produced in Idaho?
Answer: According to Idaho Code § 74-403(4), a conflict of
interest occurs when a legislative official takes official action or makes
an official decision or recommendation, the effect being to the "private
pecuniary benefit" of such person, the person's household or business.
Based on the facts in this case, it is difficult to foresee any legislator
having a conflict of interest resulting from the acceptance of one of the
complimentary gift packs. A conflict of interest requires some official
action by the legislator. From the facts presented in this case, there is no
indication the receipt of the gift pack was the result of any official action,
decision or recommendation taken or proposed by any legislator. Mere
acceptance of the gift pack does not violate the provisions of Idaho Code
§ 18-1359(1)(b). In addition, under Idaho Code § 18-1359(1)(b), trivial
gifts or benefits, which do not exceed $50.00 in value, are not prohibited
if they are incidental to personal, professional or business contacts and do
not affect official impartiality.
Question No. 20:If a major corporate officer of a firm which
performs a great deal of work for one of the state departments should.
become a member of the Idaho Legislature, would there be any
possibility of a "conflict of interest" arising out of his holding public
office and voting on appropriations while continuing to be a corporate
officer of a private firm?
Answer: Yes. Idaho Code § 74-501, provides:
10
Idaho Ethics In Government
Members of the legislature, state, county, city, district
and precinct officers, must not be interested in any
contract made by theirs in their official capacity, or by
any body or board of which they are members.
In addition to constitutional and statutory provisions, the rules of the
senate or house of representatives may require that members declare their
interest or abstain from voting in cases involving conflicting personal and
public interests.
INCOMPATIBILITY OF OFFICE
Question No. 21: May an individual serve in the Idaho
Legislature and as the mayor of a municipality at the same time?
Answer:Idaho has no constitutional or statutory provisions
prohibiting a state legislator from concurrently holding another public
office. However, the common law doctrine of incompatibility of office
should be examined.
The common law doctrine of incompatibility as it relates to one person
holding two public offices is based upon the public policy that public
service requires the discharge of official duties with undivided loyalty.
In the question presented, the two positions are not incompatible. The
office of mayor is wholly independent from the state legislature and
cannot in any sense be viewed as subordinate. The duties of the mayor
do not conflict or clash with the duties of a state legislator.
Finally, it has been suggested that holding dual offices violates the
distribution of powers clause of Idaho Constitution art. 2, sec. 1. This
section provides:
The powers of the government of this state are
divided into three distinct departments, the
legislative, executive and judicial; and no person or
collection of persons charged with the exercise of
powers properly belonging to one of these
departments shall exercise any powers properly
belonging to either of the others, except as in this
constitution expressly directed or permitted.
In relation to the separation of powers between state and local
governments (prohibiting a person from serving in an executive capacity
on the local level and as a legislator in the state government), this office
11
Idaho Ethics In Government
has been unable to find any authority indicating that the doctrine has any
application.
The fact that a state legislator is also a municipal executive officer does
not in any sense impinge or intrude upon the authority of the state
judicial or executive branches. Similarly, the fact that a city mayor is
also a state legislator does not intrude upon the authority of the respective
city council. Thus, holding dual public offices, one municipal and one
state, does not violate art. 2, § 1 of the Idaho Constitution. This office
can find no statutory or common law prohibition preventing a city mayor
from serving in the Idaho Legislature.
Question No. 22: May a member of a county planning and
zoning commission serve as a city councilman without creating a conflict
of interest?
Answer:The Local Planning Act contains a conflict of interest
provision:
A member or employee of a governing board,
commission, or joint commission shall not participate
in any proceeding or action when the member or
employee or his employer, business partner,
business(,) associate, or any person related to him by
affinity or consanguinity within the second degree
has an economic interest in the procedure or action.
Idaho Code § 67-6506.
Because a city council member is an agent of the city he/she
represents, this section would probably prevent him/her from
participating in any county zoning decisions that may affect the city's
economic interests. However, there is no provision requiring the council
member to resign his/her position.
There is also present a question of incompatibility of office.
The common law doctrine applies if there is a potential conflict between
the two offices such that one individual could not give absolute
allegiance to both offices. Incompatibility is most often found where one
office supervises the other or when the interests of the two offices are
antagonistic to each other. 3 McQuillin on Municipal Corporations, §§
12.66 et seq.
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Idaho Ethics In Government
In the area of zoning, the interests of the county and the city may
frequently be at odds, and it is not uncommon for cities and counties to
sue one another over zoning disputes. Under such circumstances one
person could not fill both offices without a conflict of loyalty. If two
offices are incompatible, one office should be vacated. The Attorney
General's Office recommends that one office be vacated to eliminate the
incompatibility problem.
Question No. 23: May a person serve as a chairman of a county
political party and as a member of the Idaho State board of Correction?
Answer:It appears that a person cannot serve as chairman of a
county political parry and retain a position on the board of correction.
Idaho Code § 20-204 provides:
The members of the board of correction and its
officers and employees shall not, at any time of
appointment nor during their incumbency of office,
serve as the representative, officer, or employee of
any political party.
The language of this code section is clear and unambiguous. An
individual cannot serve as a representative, officer or employee of a
political party and also serve on the state board of correction.
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Idaho Ethics In Government
3
Second
Cousin
CONSANGUINITY CHART
4
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Great Grand Great
U1in, cle;'Murat Grandparent
3 3 2
Child of Great Great Uncllel Grandparent
2
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3 2.
Cousin's Chile Ne he ft
3
Grant
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ibling
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Great
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Idaho Ethics In Government
RELEVANT STATUTES
Bribery and Corrupt Influence Act
18-1351. Bribery and corrupt practices — Definitions.
Unless a different meaning plainly is required in this chapter:
(5) "Benefit" means gain or advantage, or anything regarded by
the beneficiary as gain or advantage, including benefit to any other
person or entity in whose welfare he is interested, but not an advantage
promised generally to a group or class of voters as a consequence of
public measures which a candidate engages to support or oppose.
(6) "Confidential information" means knowledge gained
through a public office, official duty or employment by a governmental
entity which is not subject to disclosure to the general public and which,
if utilized in financial transactions would provide the user with an
advantage over those not having such information or result in hann to the
governmental entity from which it was obtained.
(7) "Government" includes any branch, subdivision or agency
of the government of the state or any locality within it and other political
subdivisions including, but not limited to, highway districts, planning and
zoning commissions and cemetery districts, and all other governmental
districts, commissions or governmental bodies not specifically mentioned
in this chapter.
(8) "Harm" means loss, disadvantage or injury, including loss,
disadvantage or injury to any other person or entity in whose welfare he
is interested.
(9) "Official proceeding" means a proceeding heard or which
may be heard before any legislative, judicial, administrative or other
governmental agency or official authorized to take evidence under oath,
including any referee, hearing examiner, commissioner, notary or other
person taking testimony or deposition in connection with any such
proceeding.
(10) "Party official" means a person who holds an elective or
appointive post in a political party in the United States by virtue of which
he directs or conducts, or participates in directing or conducting party
affairs at any level of responsibility.
15
Idaho Ethics In Government
(11) "Pecuniary benefit" is any benefit to a public official or
member of his household in the form of money, property or commercial
interests, the primary significance of which is economic gain.
(12) "Public servant" means any officer or employee of
government, including legislators and judges, and any person
participating as juror, advisor, consultant or otherwise, in performing a
governmental function; but the term does not include witnesses.
(13) "Administrative proceeding" means any proceeding, other
than a judicial proceeding, the outcome of which is required to be based
on a record or documentation prescribed by law, or in which law or
regulation is particularized in application to individuals.
1.8-1352. Bribery in official and political matters.
A person is guilty of bribery, a felony, if he offers, confers or agrees to
confer upon another, or solicits, accepts or agrees to accept from another:
(1) Any pecuniary benefit as consideration for the recipient's
decision, opinion, recommendation, vote or other exercise of discretion
as a public servant, party official or voter; or
(2) Any benefit as consideration for the recipient's decision,
vote, recommendation or other exercise of official discretion in a judicial
or administrative proceeding; or
(3) Any benefit as consideration for a violation of a known legal
duty as public servant or party official. It is no defense to prosecution
under this section that a person whom the actor sought to influence was
not qualified to act in the desired way whether because he had not yet
assumed office, or lacked jurisdiction, or for any other reason.
18-1353. Threats and other improper influence in official and political
matters.
(1) Offenses defined. A person commits an offense if he:
(a) threatens unlawful harm to any person with purpose
to influence his decision, opinion, recommendation, vote or other
exercise of discretion as a public servant, party official or voter; or
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(b) threatens harm to any public servant with purpose
to influence his decision, opinion, recommendation, vote or other
exercise of discretion in a judicial or administrative proceeding; or
(c) threatens harm to any public servant or party
official with purpose to influence him to violate his known legal
duty; or
(d) privately addresses to any public servant who has
or will have an official discretion in a judicial or administrative
proceeding any representation, entreaty, argument or other
communication with purpose to influence the outcome on the basis
of considerations other than those authorized by law.
It is no defense to prosecution under this section that a person whom
the actor sought to influence was not qualified to act in the desired
way, whether because he had not yet assumed office, or lacked
jurisdiction, or for any other reason.
(2) Grading. An offense under this section is a misdemeanor
unless the actor threatened to commit a crime or made a threat with
purpose to influence a judicial or administrative proceeding, in which
cases the offense is a felony.
18-1353A. Threats against state officials of the executive, legislative
or judicial branch.
Whoever knowingly and willfully deposits for conveyance in the mail or
for a delivery from any post office or by any letter carrier, any letter,
paper, writing, print, missive, or document containing any threat to take
the life of or to inflict bodily harm upon any state elected official of the
executive or legislative branch, or any justice, judge or magistrate of the
judicial branch, or person appointed to fill the vacancy of a state elected
official of the executive or legislative branch of the state of Idaho, or
knowingly and willfully otherwise makes any such threat against a state
elected official of the executive or legislative branch, or any justice,
judge or magistrate of the judicial branch, or person appointed to fill the
vacancy of a state elected official of the executive or legislative branch of
the state of Idaho is guilty of a misdemeanor and upon conviction thereof
shall be fined not to exceed one thousand dollars ($1,000) and shall be
sentenced to not to exceed one (1) year in the county j all. If such threat is
made while the defendant exhibits a firearm or other dangerous or deadly
weapon, the defendant shall be guilty of a felony. Upon a second or
subsequent conviction of an offense under this section, the defendant
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shall be guilty of a felony and shall be sentenced to a term of not to
exceed five (5) years in the state penitentiary.
18-1354. Compensation for past official behavior.
A person commits a misdemeanor if he solicits, accepts, or agrees to
accept any pecuniary benefit as compensation for having as public
servant, given a decision, opinion, reconunendation or vote favorable to
another, or for having otherwise exercised a discretion in his favor, or for
having violated his duty. A person commits a misdemeanor if he offers,
confers or agrees to confer, compensation, acceptance of which is
prohibited by this section.
18-1355. Retaliation for past official action.
A person commits a misdemeanor if he harms another by any unlawful
acts in retaliation for anything lawfully done by the latter in the capacity
of public servant.
18-1356. Gifts to public servants by persons subject to their
jurisdiction.
(1) Regulatory and law enforcement officials. No public servant
in any department or agency exercising regulatory functions, or
conducting inspections or investigations, or carrying on civil or criminal
litigation on behalf of the government, or having custody of prisoners,
shall solicit, accept or agree to accept any pecuniary benefit from a
person known to be subject to such regulation, inspection, investigation
or custody, or against whom such litigation is known to be pending or
contemplated.
(2) Officials concerned with government contracts and
pecuniary transactions. No public servant having any discretionary
function to perform in connection with contracts, purchases, payments,
claims or other pecuniary transactions of the government shall solicit,
accept or agree to accept any pecuniary benefit from any person known
to be interested in or likely to become interested in any such contract,
purchase, payment, claim or transaction.
(3) Judicial and administrative officials. No public servant
having judicial or administrative authority and no public servant
employed by or in a court or other tribunal having such authority, or
participating in the enforcement of its decisions, shall solicit, accept or
agree to accept any pecuniary benefit from a person known to be
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interested in or likely to become interested in any matter before such
public servant or a tribunal with which he is associated.
(4) Legislative and executive officials. No legislator or public
servant shall solicit, accept or agree to accept any pecuniary benefit in
return for action on a bill, legislation, proceeding or official transaction
from any person known to be interested in a bill, legislation, official
transaction or proceeding.
(5) Exceptions. This section shall not apply to:
(a) fees prescribed by law to be received by a public
servant, or any other benefit for which the recipient gives legitimate
consideration or to which he is otherwise legally entitled; or
(b) gifts or other benefits conferred on account of
kinship or other personal, professional or business relationship
independent of the official status of the receiver; or
(c) trivial benefits not to exceed a value of fifty dollars
($50.00) incidental to personal, professional or business contacts and
involving no substantial risk of undermining official impartiality; or
(d) benefits received as a result of lobbying activities
that are disclosed in reports required by chapter 66, title 67, Idaho
Code. This exception shall not apply to any activities prohibited by
subsections (1) through (4) of this section.
(6) Offering benefits prohibited. No person shall knowingly
confer, or offer or agree to confer, any benefit prohibited by the
foregoing subsections.
(7) Grade of offense. An offense under this section is a
misdemeanor and shall be punished as provided in this chapter.
18-1357. Compensating public servant for assisting private interests
in relation to matters before him
(1) Receiving compensation. A public servant commits a
misdemeanor if he solicits, accepts or agrees to accept compensation for
advice or other assistance in preparing or promoting a bill, contract,
claim, or other transaction or proposal as to which he knows that he has
or is likely to have an official discretion to exercise.
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(2) Paying compensation. A person commits a misdemeanor if
he pays or offers or agrees to pay compensation to a public servant with
knowledge that acceptance by the public servant is unlawful.
18-1358. Selling political endorsement — Special influence.
(1) Selling political endorsement. A person commits a
misdemeanor if he solicits, receives, agrees to receive, or agrees that any
political party or other person shall receive any pecuniary benefit as
consideration for approval or disapproval of an appointment or
advancement in public service, or for approval or disapproval of any
person or transaction for any benefit conferred by an official or agency of
the government. "Approval" includes recommendations, failure to
disapprove, or any other manifestation of favor or acquiescence.
"Disapproval" includes failure to approve, or any other manifestation of
disfavor or non -acquiescence
(2) Other trading in special influence. A person commits a
misdemeanor if he solicits, receives or agrees to receive any pecuniary
benefit as consideration for exerting special influence upon a public
servant or procuring another to do so. "Special influence" means power
to influence through kinship, friendship, or other relationship apart from
the merits of the transaction.
(3) Paying for endorsement or special influence. A person
commits a misdemeanor if he offers, confers or agrees to confer any
pecuniary benefit, receipt of which is prohibited by this section.
18-1359. Using public position for personal gain.
(1) No public servant shall:
(a) Without the specific authorization of the
governmental entity for which he serves, use public funds or
property to obtain a pecuniary benefit for himself
(b) Solicit, accept or receive a pecuniary benefit as
payment for services, advice, assistance or conduct customarily
exercised in the course of his official duties. This prohibition shall
not include trivial benefits not to exceed a value of fifty dollars
($50.00) incidental to personal, professional or business contacts and
involving no substantial risk of undermining official impartiality.
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(c) Use or disclose confidential information gained in
the course of or by reason of his official position or activities in any
manner with the intent to obtain a pecuniary benefit for himself or
any other person or entity in whose welfare he is interested or with
the intent to harm the governmental entity for which he serves.
(d) Be interested in any contract made by him in his
official capacity, or by any body or board of which he is a member,
except as provided in section 18-1361, Idaho Code.
(e) Appoint or vote for the appointment of any person
related to him by blood or marriage within the second degree, to any
clerkship, office, position, employment or duty, when the salary,
wages, pay or compensation of such appointee is to be paid out of
public funds or fees of office, or appoint or furnish employment to
any person whose salary, wages, pay or compensation is to be paid
out of public funds or fees of office, and who is related by either
blood or marriage within the second degree to any other public
servant when such appointment is made on the agreement or promise
of such other public servant or any other public servant to appoint or
furnish employment to anyone so related to the public servant
making or voting for such appointment. Any public servant who
pays out of any public funds under his control or who draws or
authorizes the drawing of any warrant or authority for the payment
out of any public fund of the salary, wages, pay, or compensation of
any such ineligible person, knowing him to be ineligible, is guilty of
a misdemeanor and shall be punished as provided in this chapter.
(f) Unless specifically authorized by another provision
of law, commit any act prohibited of members of the legislature or
any officer or employee of any branch of the state government by
section 67-5726, Idaho Code, violations of which are subject to
penalties as provided in section 67-5734, Idaho Code, which
prohibition and penalties shall be deemed to extend to all public
servants pursuant to the provisions of this section.
(2) No person related to any member of the legislature by blood
or marriage within the second degree shall be appointed to any clerkship,
office, position, employment or duty within the legislative branch of
govermnent or otherwise be employed by the legislative branch of
government when the salary, wages, pay or compensation of such
appointee or employee is to be paid out of public funds.
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(3) No person related to a mayor or member of a city council by
blood or marriage within the second degree shall be appointed to any
clerkship, office, position, employment or duty with the mayor's or city
council's city when the salary, wages, pay or compensation of such
appointee or employee is to be paid out of public funds.
(4) No person related to a county commissioner by blood or
marriage within the second degree shall be appointed to any clerkship,
office, position, employment or duty with the cormnissioner's county
when the salary, wages, pay or compensation of such appointee or
employee is to be paid out of public funds.
(5) (a) An employee of a governmental entity holding a
position prior to the election of a local government official, who is
related within the second degree, shall be entitled to retain his or her
position and receive general pay increases, step increases, cost of living
increases, and/or other across the board increases in salary or merit
increases, benefits and bonuses or promotions.
(b) Nothing in this section shall be construed as
creating any property rights in the position held by an
employee subject to this section, and all authority in regard
to disciplinary action, transfer, dismissal, demotion or
termination shall continue to apply to the employee.
(6) The prohibitions contained within this section shall not
include conduct defined by the provisions of section 74-403(4), Idaho
Code.
(7) The prohibitions within this section and section 18-1356,
Idaho Code, as it applies to part-time public servants, do not include
those actions or conduct involving the public servant's business,
profession or occupation and unrelated to the public servant's official
conduct, and do not apply to a pecuniary benefit received in the nonnal
course of a legislator's business, profession or occupation and unrelated
to any bill, legislation, proceeding or official transaction.
18-1360. Penalties.
Any public servant who violates the provisions of this chapter, unless
otherwise provided, shall be guilty of a misdemeanor and may be
punished by a fine not exceeding one thousand dollars ($1,000), or by
incarceration in the county jail for a period not exceeding one (1) year, or
by both such fine and incarceration. In addition to any penalty imposed
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in this chapter, any person who violates the provisions of this chapter
may be required to forfeit his office and may be ordered to make
restitution of any benefit received by him to the governmental entity from
which it was obtained.
18-1361. Self -interested contracts — Exception.
Where there are less than three (3) suppliers of a good or a service within
a fifteen (15) mile radius of where the good or service is to be provided,
it shall not constitute a violation of the provisions of subsection (1) (d) or
(e) of section 18-1359, Idaho Code, for a public servant or for his relative
to contract with the public body of which the public servant is a member
if the contract is reasonably necessary to respond to a disaster as defined
in chapter 10, title 46, Idaho Code, or if the procedures listed below are
strictly observed. For purposes of this section, "relative" shall mean any
person related to the public servant by blood or marriage within the
second degree.
(1) The contract is competitively bid and the public servant or
his relative submits the low bid; and
(2) Neither the public servant nor his relative takes any part in
the preparation of the contract or bid specifications, and the public
servant takes no part in voting on or approving the contract or bid
specifications; and
(3) The public servant makes full disclosure, in writing, to all
members of the governing body, council or board of said public body of
his interest or that of his relative and of his or his relative's intention to
bid on the contract; and
(4) Neither the public servant nor his relative has violated any
provision of Idaho law pertaining to competitive bidding or improper
solicitation of business.
18-1361A. Non -compensated appointed public servant — Relatives
of public servant — Exception.
When a person is a public servant by reason of his appointment to a
governmental entity board for which the person receives no salary or fees
for his service on said board, it shall not constitute a violation of the
provisions of subsection (1)(d) or (e) of section 18-1359, Idaho Code, for
a public servant or for his relative to contract with the public body of
which the public servant is a member if the procedures listed below are
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strictly observed. For purposes of this section, "relative" shall mean any
person related to the public servant by blood or marriage within the
second degree.
(1) The contract is competitively bid and the public servant or
his relative submits the low bid; and
(2) Neither the public servant nor his relative takes any part in
the preparation of the contract or bid specifications, and the public
servant takes no part in voting on or approving the contract or bid
specifications; and
(3) The public servant makes full disclosure, in writing, to all
members of the governing body, council or board of said public body of
his interest or that of his relative and of his or his relative's intention to
bid on the contract; and
(4) Neither the public servant nor his relative has violated any
provision of Idaho law pertaining to competitive bidding or improper
solicitation of business.
18-1362. Cause of action.
A prosecuting attorney or the attorney general may bring an action in the
district court of the county in which a public servant resides to enjoin a
violation of the provisions of this chapter and to require the public
servant to make restitution to the government of any pecuniary gain
obtained. The prevailing party shall be awarded his costs and reasonable
attorney fees.
Ethics in Government Act
74-401. Short title.
This act shall be known and may be cited as the "Ethics in Government
Act of 2015."
74-402. Policy and purpose.
It is hereby declared that the position of a public official at all levels of
government is a public trust and it is in the public interest to:
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Idaho Ethics In Government
(1) Protect the integrity of government throughout the state of
Idaho while at the same time facilitating recruitment and retention of
personnel needed within government;
(2) Assure independence, impartiality and honesty of public
officials in governmental functions;
(3) Inform citizens of the existence of personal interests which
may present a conflict of interest between an official's public trust and
private concerns;
(4) Prevent public office from being used for personal gain
contrary to the public interest;
(5) Prevent special interests from unduly influencing
governmental action; and
(6) Assure that governmental functions and policies reflect, to
the maximum extent possible, the public interest.
74-403. Definitions. — For purposes of this chapter:
(1) "Official action" means any decision on, or proposal,
consideration, enactment, defeat, or making of any rule, regulation, rate -
making proceeding or policy action or nonaction by a governmental body
or any other policy matter which is within the official jurisdiction of the
governmental body.
(2) "Business" means any undertaking operated for economic
gain, including, but not limited to, a corporation, partnership, trust,
proprietorship, firm, association or joint venture.
(3) "Business with which a public official is associated" means
any business of which the public official or member of his household is a
director, officer, owner, partner, employee or holder of stock over five
thousand dollars ($5,000) or more at fair market value.
(4) "Conflict of interest" means any official action or any
decision or recommendation by a person acting in a capacity as a public
official, the effect of which would be to the private pecuniary benefit of
the person or a member of the person's household, or a business with
which the person or a member of the person's household is associated,
unless the pecuniary benefit arises out of the following:
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Idaho Ethics In Government
(a) An interest or membership in a particular business,
industry, occupation or class required by law as a prerequisite to the
holding by the person of the office or position;
(b) Any action in the person's official capacity which
would affect to the same degree a class consisting of an industry or
occupation group in which the person, or a member of the person's
household or business with which the person is associated, is a
member or is engaged;
(c) Any interest which the person has by virtue of his
profession, trade or occupation where his interest would be affected
to the same degree as that of a substantial group or class of others
similarly engaged in the profession, trade or occupation;
(d) Any action by a public official upon any revenue
measure, any appropriation measure or any measure imposing a tax,
when similarly situated members of the general public are affected
by the outcome of the action in a substantially similar manner and
degree.
(5) "Economic gain" means increase in pecuniary value from
sources other than lawful compensation as a public official.
(6) "Governmental entity" means:
(a) The state of Idaho and all agencies, commissions
and other governmental bodies of the state; and
(b) Counties and municipalities of the state of Idaho,
all other political subdivisions including, but not limited to, highway
districts, planning and zoning commissions or governmental bodies
not specifically mentioned in this chapter.
(7) "Members of a household" mean the spouse and dependent
children of the public official and/or persons whom the public official is
legally obligated to support.
(8) "Person" means an individual, proprietorship, partnership,
association, trust, estate, business trust, group or corporation, whether
operated for profit or not, and any other legal entity, or agent or servant
thereof, or a governmental entity.
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(9) "Public office" means any position in which the normal and
usual duties are conducted on behalf of a governmental entity.
(10) "Public official" means any person holding public office in
the following capacity:
(a) As an elected public official meaning any person
holding public office of a governmental entity by virtue of an elected
process, including persons appointed to a vacant elected office of a
governmental entity, excluding members of the judiciary; or
(b) As an elected legislative public official meaning
any person holding public office as a legislator; or
(c) As an appointed public official meaning any person
holding public office of a governmental entity by virtue of formal
appointment as required by law; or
(d) As an employed public official meaning any person
holding public office of a governmental entity by virtue of
employment, or a person employed by a governmental entity on a
consultative basis.
74-404. Required action in conflicts.
A public official shall not take any official action or make a formal
decision or formal recommendation concerning any matter where he has
a conflict of interest and has failed to disclose such conflict as provided
in this section. Disclosure of a conflict does not affect an elected public
official's authority to be counted for purposes of determining a quorum
and to debate and to vote on the matter, unless the public official requests
to be excused from debate and voting at his or her discretion. In order to
determine whether a conflict of interest exists relative to any matter
within the scope of the official functions of a public official, a public
official may seek legal advice from the attorney representing that
governmental entity or from the attorney general or from independent
counsel. If the legal advice is that no real or potential conflict of interest
exists, the public official may proceed and shall not be subject to the
prohibitions of this chapter. If the legal advice is that a real or potential
conflict may exist, the public official:
(1) If he is an elected legislative public official, he shall disclose
the nature of the potential conflict of interest and/or be subject to the
rules of the body of which he/she is a member and shall take all action
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Idaho Ethics In Government
required under such rules prior to acting on the matter. If a member
requests to be excused from voting on an issue which involves a conflict
or a potential conflict, and the body of which he is a member does not
excuse him, such failure to excuse shall exempt that member from any
civil or criminal liability related to that particular issue.
(2) If he is an elected state public official, he shall prepare a
written statement describing the matter required to be acted upon and the
nature of the potential conflict, and shall file such statement with the
secretary of state prior to acting on the matter. A public official may seek
legal advice from the attorney representing that agency or from the
attorney general or from independent counsel. The elected public official
may then act on the advice of the agency's attorney, the attorney general
or independent counsel.
(3) If he is an appointed or employed state public official, he
shall prepare a written statement describing the matter to be acted upon
and the nature of the potential conflict, and shall deliver the statement to
his appointing authority. The appointing authority may obtain an
advisory opinion from the attorney general or from the attorney
representing that agency. The public official may then act on the advice
of the attorney general, the agency's attorney or independent counsel.
(4) If he is an elected public official of a county or municipality,
he shall disclose the nature of a potential conflict of interest prior to
acting on a matter and shall be subject to the rules of the body of which
he/she is a member and take all action required by the rules prior to
acting on the matter. If a member requests to be excused from voting on
an issue, which involves a conflict or a potential conflict, and the body of
which he is a member, does not excuse him, such failure to excuse shall
exempt that member from any civil or criminal liability related to that
particular issue. The public official may obtain an advisory opinion from
the attorney general or the attorney for the county or municipality or
from independent counsel. The public official may then act on the advice
of the attorney general or attorney for the county or municipality or his
independent counsel.
(5) If he is an appointed or employed public official of a county
or municipality, he shall prepare a written statement describing the matter
required to be acted upon and the nature of the potential conflict, and
shall deliver the statement to his appointing authority. The appointing
authority may obtain an advisory opinion from the attorney for the
appointing authority, or, if none, the attorney general. The public official
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may then act on the advice of the attorney general or attorney for the
appointing authority or independent counsel.
(6) Nothing contained herein shall preclude the executive
branch of state government or a political subdivision from establishing an
ethics board or commission to perform the duties and responsibilities
provided for in this chapter. Any ethics board or commission so
established shall have specifically stated powers and duties including the
power to:
(a) Issue advisory opinions upon the request of a public
official within its jurisdiction;
(b) Investigate possible unethical conduct of public
officials within its jurisdiction and conduct hearings, issue findings,
and make recommendations for disciplinary action to a public
official's appointing authority;
(c) Accept complaints of unethical conduct from the
public and take appropriate action.
74-405. Noncompensated public official — Exception.
When a person is a public official by reason of his appointment or
election to a governing board of a governmental entity for which the
person receives no salary or fee as compensation for his service on said
board, he shall not be prohibited from having an interest in any contract
made or entered into by the board of which he is a member, if he strictly
observes the procedure set out in section 18-1361A, Idaho Code.
74-406. Civil penalty.
(1) Any public official who intentionally fails to disclose a
conflict of interest as provided for in section 74-404, Idaho Code, shall
be guilty of a civil offense, the penalty for which may be a fine not to
exceed five hundred dollars ($500), provided that the provisions of this
subsection shall not apply to any public official where the governmental
entity on which said official serves has put into operation an ethics
commission or board described in section 74-404(6), Idaho Code.
(2) The penalty prescribed in subsection (1) of this section does
not limit the power of either house of the legislature to discipline its own
members, nor limit the power of governmental entities, including
occupational or professional licensing bodies, to discipline their members
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Idaho Ethics In Government
or personnel. A violation of the provisions of this chapter shall not
preclude prosecution and conviction for any criminal violation that may
have been committed.
Prohibitions Against Contracts with Officers
74-501. Officers not to be interested in contracts.
Members of the legislature, state, county, city, district and precinct
officers, must not be interested in any contract made by them in their
official capacity, or by any body or board of which they are members.
74-502. Remote interests.
(1) A public officer shall not be deemed to be interested in a
contract, within the meaning of section 74-501, Idaho Code, if he has
only a remote interest in the contract and if the fact and extent of such
interest is disclosed to the body of which he is an officer and noted in the
official minutes or similar records prior to the formation of the contract,
and thereafter the governing body authorizes, approves, or ratifies the
contract in good faith by a vote of its membership sufficient for the
purpose without counting the vote or votes of the officer having the
remote interest. As used in this section, "remote interest" means:
(a) That of a nonsalaried officer of a nonprofit
corporation; or
(b) That of an employee or agent of a contracting party
where the compensation of such employee or agent consists entirely
of fixed wages or salary; or
(c) That of a landlord or tenant of a contracting party;
or
(d) That of a holder of less than one percent (1 %) of
the shares of a corporation or cooperative which is a contracting
party-
(2) Although a public official's interest in a contract may be
only remote, a public official shall not influence or attempt to influence
any other officer of the board of which he is an officer to enter into the
contract. Violation of the provisions of this subsection shall be a
misdemeanor as provided in section 74-509, Idaho Code. Any contract
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created or entered into in violation of the provisions of this subsection
shall be void.
74-503. Officers not to be interested in sales.
State, county, district, precinct and city officers must not be purchasers at
any sale nor vendors at any purchase made by them in their official
capacity.
74-504. Prohibited contracts voidable.
Every contract made in violation of any of the provisions of this chapter
may be avoided at the instance of any party except the officer interested
therein.
74-505. Dealing in warrants prohibited.
The state treasurer and state controller, the several county, city, district or
precinct officers of this state, their deputies and clerks, are prohibited
from purchasing or selling, or in any manner receiving to their own use
or benefit, or to the use or benefit of any person or persons, whatever,
any state, county, or city warrants, scrip, orders, demands, claims, or
other evidences of indebtedness against the state, or any county or city
thereof, except evidences of indebtedness issued to or held by them for
services rendered as such officer, deputy or clerk, and evidences of the
funded indebtedness of such state, county, city, district or corporation.
74-506. Affidavit of nonviolation a prerequisite to allowance of
accounts.
Every officer whose duty it is to audit and allow the accounts of other
state, county, district, city or precinct officers, must, before allowing such
accounts, require each of such officers to make and file with him an
affidavit that he has not violated any of the provisions of this chapter.
74-507. Provisions of chapter violated — Disbursing officer not to
pay warrants.
Officers charged with the disbursement of public moneys must not pay
any warrant or other evidence of indebtedness against the state, county,
city or district, when the same has been purchased, sold, received or
transferred contrary to any of the provisions of this chapter.
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74-508. Suspension of settlement or payment — Prosecution of
offenders.
Every officer charged with the disbursement of public moneys, who is
infonned by affidavit that any officer whose account is to be settled,
audited, or paid by him, has violated any of the provisions of this chapter,
must suspend such settlement or payment, and cause such officer to be
prosecuted for such violation.
74-509. Violation.
A violation of the provisions of this chapter, unless otherwise provided,
is a misdemeanor and shall be punished by a fine not exceeding one
thousand dollars ($1,000), or incarceration in the county jail for a period
not exceeding one (1) year, or by both such fine and incarceration.
74-510. Noncompensated public official —Exception.
When a person is a public official by reason of his appointment or
election. to a governing board of a governmental entity for which the
person receives no salary or fee as compensation for his service on said
board, he shall not be prohibited from having an interest in any contract
made or entered into by the board of which he is a member, if he strictly
observes the procedure set out in section 18-1361A, Idaho Code.
74-511. Violation relating to public contracts.
Officers shall not commit any act prohibited by section 67-5726, Idaho
Code, violations of which are subject to penalties as provided in section
67-5734, Idaho Code, and which prohibitions and penalties shall be
deemed to extend to all public officers governed by the provisions of this
chapter.
Severability
The provisions of this act are hereby declared to be severable and if any
provision of this act or this application of such provision to any person or
circumstance is declared invalid for any reason, such declaration shall not
affect the validity of the remaining portions of this act.
32
Idaho Ethics In Government
Miscellaneous Statutes
31-2606. Prohibitions.
No prosecuting attorney must receive any fee or rewards for or on behalf
of any prosecutor or other individual, for services in any prosecution, or
business to which it is his official duty to attend or discharge; nor be
concerned as attorney or counsel for either party other than for the state,
people or county, in any civil action depending upon the same state of
facts, upon which any criminal prosecution commenced but not
determined depends, and no law partner of any county attorney inust be
engaged in the defense of any suit, action or proceeding, in which said
prosecuting attorney appears on behalf of the people, state or county.
33-507. Limitation upon authority of trustees.
It shall be unlawful for any trustee to have pecuniary interest directly or
indirectly in any contract or other transaction pertaining to the
maintenance or conduct of the school district, or to accept any reward or
compensation for services rendered as a trustee except as may be
otherwise provided in this section. The board of trustees of a school
district may accept and award contracts involving the school district to
businesses in which a trustee or a person related to him by blood or
marriage within the second degree has a direct or indirect interest
provided that the procedures set forth in section 18-1361 or 18-1361A,
Idaho Code, are followed. The receiving, soliciting or acceptance of
moneys of a school district for deposit in any bank or trust company, or
the lending of money by any bank or trust company to any school
district, shall not be deemed to be a contract pertaining to the
maintenance or conduct of a school district within the meaning of this
section; nor shall the payment by any school district board of trustees of
compensation to any bank or trust company for services rendered in the
transaction of any banking business with such district board of trustees,
be deemed the payment of any reward or compensation to any officer or
director of any such bank or trust company within the meaning of this
section.
It shall be unlawful for the board of trustees of any class of school district
to enter into or execute any contract with the spouse of any member of
such board, the terms of which said contract requires, or will require, the
payment or delivery of any school district funds, money or property to
such spouse, except as provided in section 18-1361 or 18-1361A, Idaho
Code.
33
Idaho Ethics In Government
When any relative of any trustee or relative of the spouse of a trustee
related by affinity or consanguinity within the second degree is
considered for employment in a school district, such trustee shall abstain
from voting in the election of such relative, and shall be absent from the
meeting while such employment is being considered and determined.
59-102. Legislators disqualified from holding certain offices.
It shall be unlawful for any member of the legislature, during the term for
which he was elected, to accept or receive, or for the governor, or other
officials or board, to appoint such member of the legislature to, any
office of trust, profit, honor or emolument, created by any law passed by
the legislature of which he is a member. Any appointment made in
violation of this section shall be null and void and without force and
effect, and any attempt to exercise the powers of such office by such
appointee shall be a usurpation, and the appointee shall be deemed guilty
of a misdemeanor, and, on conviction, shall be fined not less than $500
nor more than $5000.
67-5726. Prohibitions.
(1) No contract or order or any interest therein shall be
transferred by the contractor or vendor to whom such contract or order is
given to any other party, without the approval in writing of the
administrator. Transfer of a contract without approval shall cause the
annulment of the contract so transferred, at the option of the state. All
rights of action, however, for any breach of such contract by the
contracting parties are reserved to the state. No member of the legislature
or any officer or employee of any branch of the state government shall
directly, himself, or by any other person in trust for him or for his use or
benefit or on his account, undertake, execute, hold or enjoy, in whole or
part, any contract or agreement made or entered into by or on behalf of
the state of Idaho, if made by, through, or on behalf of the department in
which he is an officer or employee; or if made by, through or on behalf
of any other department unless the same is made after competitive bids.
(2) Except as provided by section 67-5718, Idaho Code, no
officer or employee shall influence or attempt to influence the award of a
contract to a particular vendor, or to deprive or attempt to deprive any
vendor of an acquisition contract.
(3) No officer or employee shall conspire with a vendor or its
agent, and no vendor or its agent shall conspire with an officer or
34
Idaho Ethics In Government
employee, to influence or attempt to influence the award of a contract, or
to deprive or attempt to deprive a vendor of an acquisition award.
(4) No officer or employee shall fail to utilize an open contract
without justifiable cause for such action. No officer or employee shall
accept property which he knows does not meet specifications or
substantially meet the original performance test results.
(5) Deprivation, influence or attempt thereat shall not include
written reports, based upon substantial evidence, sent to the administrator
of the division of purchasing concerning matters relating to the
responsibility of vendors.
(6) No vendor or related party, or subsidiary, or affiliate of a
vendor may submit a bid to obtain a contract to provide property to the
state, if the vendor or related party, or affiliate or subsidiary was paid for
services utilized in preparing the bid specifications or if the services
influenced the procurement process. [I.C., § 67-5726, as added by 1975,
ch. 254, § 2, p. 686; am. 1991, ch. 158, § 5, p. 374; am. 1994, ch. 110 §
1, p. 243; am. 2001, ch. 36, § 7, p. 55.]
67-6506. Conflict of interest prohibited.
A governing board creating a planning, zoning, or planning and zoning
commission, or joint commission shall provide that the area and interests
within its jurisdiction are broadly represented on the commission. A
member or employee of a governing board, commission, or joint
coininission shall not participate in any proceeding or action when the
member or employee or his employer, business partner, business
associate, or any person related to him by affinity or consanguinity
within the second degree has an economic interest in the procedure or
action. Any actual or potential interest in any proceeding shall be
disclosed at or before any meeting at which the action is being heard or
considered. For purposes of this section the term "participation" means
engaging in activities which constitute deliberations pursuant to the open
meeting act. No member of a governing board or a planning and zoning
commission with a conflict of interest shall participate in any aspect of
the decision -making process concerning a matter involving the conflict of
interest. A knowing violation of this section shall be a misdemeanor.
35
Idaho Ethics In Government
INDEX OF ADDITIONAL CONFLICTS OF INTEREST
STATUTES
Idaho Code § 16-106 Duties of coordinating council.
Idaho Code § 19-871 Appointment of additional counsel.
Idaho Code § 19-5109 Powers of the council -- Standards of training,
education and employment of peace officers --
Certification -- Penalties.
Idaho Code § 20-236 Board of Corrections -- Members or
employees of board not to be interested in
contracts.
Idaho Code § 20-804 Authority of county or city to house prisoners
in a private prison facility.
Idaho Code § 22-436 Seed arbitration.
Idaho Code § 23-211 Liquor Dispensary -- Personnel not be to
interested in private liquor traffic.
Idaho Code § 31-807A County Commissioners -- Purchase and Sale
of County Property.
Idaho Code § 31-2606 Prosecuting Attorneys -- Prohibited Acts.
Idaho Code § 31-2806 Coroner to act as substitute for sheriff.
Idaho Code § 31-4905 Conflict of interest prohibited.
Idaho Code § 33-1208 Revocation, suspension or denial of certificate
-- rounds.
Idaho Code § 33-1254 Professional codes and standards -- Adoption -
- Publication.
Idaho Code § 31-4505 County Commissioner -- Pollution Control
Financing.
Idaho Code § 31-4905 Regional Disposal Districts -- District Board.
36
Idaho Ethics In Government
Idaho Code § 33-2106 Junior Colleges, Trustees of Junior College
Districts.
Idaho Code § 33-2120 Junior Colleges -- Dormitory Housing
Projects.
Idaho Code § 33-3004 Idaho State University.
Idaho Code § 33-3403 Idaho School for the Deaf and Blind.
Idaho Code § 39-1328 Organization of board -- Seal -- Duties of
treasurer -- Compensation of members --
Financial statement.
Idaho Code § 39-1446 Organization meeting — Chainnan --
Executive director -- Surety bond and conflict
of interest.
Idaho Code § 39-5603 Standards for provision of personal assistance
services.
Idaho Code § 39-6607 Organization.
Idaho Code § 39-7408B Site review panels -- Members, chairman,
quorum, meetings, staff.
Idaho Code § 39-7908 Site review panels established.
Idaho Code § 40-409 Turnpikes.
Idaho Code § 40-612 County Commissioners— Commissioner not to
have interest in highway contracts.
Idaho Code § 41-208 Department of Insurance -- Director.
Idaho Code § 41-4937 Petroleum clean water trust fund -- Plan
Management.
Idaho Code § 42-1757 Water Resource Board.
Idaho Code § 42-3209 Organization of board -- Accounts of treasurer
-- Compensation of members -- Annual audit -
- Removal of directors.
37
Idaho Ethics In Government
Idaho Code § 42-5227 Ground Water Districts --Directors and
Officers.
Idaho Code § 43-320 Irrigation Districts --Directors and Officers.
Idaho Code § 50-2017 Municipal Corporations --Urban Renewal.
Idaho Code § 50-2705 Municipal Corporations -- Industrial
development program.
Idaho Code § 54-829 Board of Cosmetology -- Affiliations of
members with schools of cosmetology or
company selling cosmetic supplies.
Idaho Code § 54-909 Board of Dentistry.
Idaho Code § 54-1202 Definitions.
Idaho Code § 54-1525 Optometrists --Referrals by optical firms
prohibited.
Idaho Code § 54-1720 Other duties -- Powers -- Authority.
Idaho Code § 54-1806A Board of Profession Discipline --physicians
and surgeons.
Idaho Code § 61-207 Public Utilities Commission.
Idaho Code § 63-3802
Idaho Code § 66-1.19
Idaho Code § 67-1406
Idaho Code § 67-4713
Members.
Department of Health and Welfare --State
Hospitals.
Employment of attorneys restricted --
Exemptions.
Department of Commerce --Travel and
Convention Industry Council.
Idaho Code § 67-4909 Organization of board -- Accounts of treasurer
-- Compensation of members -- Annual audit -
- Removal of directors.
Idaho Ethics In Government
Idaho Code § 67-5252
Idaho Code § 67-5726
Idaho Code § 67-6221
Idaho Code § 67-6407
Presiding officer -- Disqualification.
Prohibitions.
Housing and Finance Association.
Conflict of interest.
Idaho Code § 67-6506 Conflict of interest prohibited.
Idaho Code § 67-7405 Commission — Appointment -- Chairman
Idaho Code § 67-7443 Conflict of interest.
Idaho Code § 67-7704 Bingo -Raffle advisory board -- Members --
Appointment -- Qualifications.
Idaho Code § 68-108 Power of court to perinit deviation or to
approve transactions involving conflict of
interest.
Idaho Code § 70-1410 Port Districts
Idaho Code § 70-2105 Port Districts -- Economic Development
Financing Act
39
0LIAT/ZN
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O•�
Public Records Manual for City Officials
July 2015
Association of Idaho Cities
3100 S. Vista Ave. Ste. 201
Boise, ID 83705
Tel. (208) 344-8594 or (800) 344-8594
Fax (208) 344-8677
www.idahocities.ort!
TABLE OF CONTENTS
Introduction....................................................................................................................................3
Understanding the Basics of Idaho's Public Records Act..........................................................3
Right to Access & Receive Copy of Records......................................................................................................3
What State and Local Governments are Required to Comply with the Public Records Act? ......................3
What is a Public Record for the Purposes of the Public Records Act?............................................................4
Do Public Records Only Include Paper Documents?........................................................................................4
Public Record Requests to be in Writing...........................................................................................................4
In -Person Examination of Public Records.........................................................................................................5
Use of Public Records for Mailing or Telephone Lists Prohibited...................................................................5
Chargesfor Public Records Requests.................................................................................................................5
Respondingto Public Records Requests.............................................................................................................7
Appealing the Denial of a Public Records Request...........................................................................................8
ExemptRecords.............................................................................................................................9
ArcheologicalSites
................................................................................................................................................9
Buildings& Facilities
...........................................................................................................................................9
Business& Trade Secrets....................................................................................................................................9
Corrections& Jails.............................................................................................................................................10
Courts..................................................................................................................................................................11
EconomicDevelopment......................................................................................................................................I
I
Employment& Personnel..................................................................................................................................12
Financial..............................................................................................................................................................13
General................................................................................................................................................................14
IdahoCounties Risk Management Program....................................................................................................14
JuvenileCorrections...........................................................................................................................................14
LawEnforcement...............................................................................................................................................14
Libraries& Museums........................................................................................................................................16
Licensing& Certification...................................................................................................................................16
Medical................................................................................................................................................................16
Personal...............................................................................................................................................................17
Procurement& Purchasing...............................................................................................................................17
Public Employee Retirement System of Idaho.................................................................................................17
Taxation...............................................................................................................................................................17
Technology..........................................................................................................................................................17
Transportation....................................................................................................................................................18
UnclaimedProperty...........................................................................................................................................18
Penaltiesfor Violation.................................................................................................................18
GoodFaith Protection.................................................................................................................19
Questions& Answers...................................................................................................................19
Model Public Records Request Form........................................................................................23
Model Public Records Certification Form................................................................................25
PIA
INTRODUCTION
Public accessibility of government records is a foundation of transparent and accountable
government, and city officials have a duty to ensure that requests for public records are fulfilled
as provided by law.
The Idaho Public Records Act establishes the ground rules for those who want to examine or
receive copies of public records from state and local government agencies. Citizens and the
media have a strong interest in reviewing public records and it is incumbent upon city officials to
understand the law and be able to respond to these requests in a timely manner.
It is critical that cities ensure that records custodians (the city clerk, police records custodian,
etc.) are allowed to work with the city attorney in responding to public records requests. The
exemptions set forth in the Public Records Act are many and determining the scope of these
exemptions requires the assistance of legal counsel. The city attorney must also be involved in
redacting nonpublic information from public records.
A best practice is providing access to the most commonly requested public records (council
agendas and minutes, the budget, the comprehensive plan, etc.) on the city's website. This saves
the city the work of responding to public records requests and allows this important information
to be accessed by citizens on demand.
This manual was updated in 2015 to reflect the passage of House Bill 90 by the 2015 Idaho
Legislature. HB 90 recodified the Idaho Public Records Act as part of the new Title 74, Idaho
Code, on transparent and ethical government.
UNDERSTANDING THE BASICS OF IDAHO'S PUBLIC RECORDS ACT
Right to Access & Receive Copy of Records: The Idaho Public Records Act' provides that
"Every person has a right to examine and take a copy of any public record of this state and there
is a presumption that all public records in Idaho are open at all reasonable times for inspection
except as otherwise expressly provided by statute. ,2
What State and Local Governments are Required to Complv with the Public Records Act?
The law applies to public agencies, which are defined as "any state or local agency as defined" in
Idaho Code 74-101.3
1 Idaho Code Title 74, Chapter 1.
z Idaho Code 74-102(1).
s Idaho Code 74-101(11).
3
The law defines state agencies as "every state officer, department, division, bureau, commission
and board or any committee of a state agency including those in the legislative or judicial branch,
except the state militia and the Idaho State Historical Society library and archives."4
Local governments include "a county, city, school district, municipal corporation, district, public
health district, political subdivision, or any agency thereof, or any committee of a local agency,
or any combination thereof.. ,5 City boards, commissions and committees are covered by the
Public Records Act. The law also applies to independent public entities like housing authorities
and urban renewal agencies.
What is a Public Record for the Purposes of the Public Records Act? The law defines a
public record as follows.
"Public record" includes, but is not limited to, any writing containing information relating to
the conduct or administration of the public's business prepared, owned, used or retained by
any state agency, independent public body corporate and politic or local agency regardless of
physical form or characteristics.G
The law also defines writing as follows.
"Writing" includes, but is not limited to, handwriting, typewriting, printing, photostating,
photographing and every means of recording, including letters, words, pictures, sounds or
symbols or combination thereof, and all papers, maps, magnetic or paper tapes, photographic
films and prints, magnetic or punched cards, discs, drums or other documents.'
Do Public Records Only Include Paper Documents? No. The definition of public records
includes any recorded information relating to the business of city government, regardless of the
medium used to convey that information. Public records include not only paper documents, but
electronic files and documents, email, text messages, audio and video recordings, maps, plats,
building plans, etc.
Public Record Requests to be in Writing: The public agency may, as part of its public records
policy, require that records requests be submitted on a written form including the requester's
name, mailing address, email address and telephone number.8
While the records custodian is prohibited from inquiring about why the requester wants the
records, the custodian can assist the requester in narrowing the scope of the request when it
appears to be voluminous or would require payment for copies.
4 Idaho Code 74-101(15).
5 Idaho Code 74-101(8).
6 Idaho Code 74-101(13).
Idaho Code 74-101(16).
s Idaho Code 74-102(4).
9 Idaho Code 74-102(9).
4
In -Person Examination of Public Records: Requesters can examine public records in -person at
the public agency office during regular working hours. If a requester wants to examine records
during non -working hours, this must be approved by the custodian and the requester must pay in
advance reasonable compensation for the public agency employee present during the
examination.10
During an in -person examination of public records, the custodian must provide reasonable
comforts to the requester, including a desk or table, chair, lights, use of the restroom, etc." The
custodian can and should monitor the examination to ensure the records are not altered, damaged
or stolen.12 The custodian is prohibited from scrutinizing any notes, photographs, etc. made by
the requester during the examination.13
Use of Public Records for Mailing or Telephone Lists Prohibited: The law prohibits use of
public records for mailing and telephone lists, with the exception of the public agency. 14
However, a person can compile their own list by examining or copying public records.15 The
public records request form must include a certification from the requester that the records will
not be used for mailing or telephone lists in violation of the law.
Charges for Public Records Requests: The first two hours of labor in responding to a public
records request, as well as the first 100 pages of copies of paper records must be provided free of
charge to the requester.16
The public agency may charge to recover actual labor and copying costs associated with locating
and copying documents for requests:
0 Involving more than 100 pages of paper records,
• Where nonpublic information must be redacted from records, or
Where the actual labor exceeds two person hours."
The public agency may adopt a copying fee schedule, and fees may not exceed the actual cost of
copying the record, if another fee is not otherwise provided by law.18 The fee schedule may set
costs for duplicating CDs/DVDs, cassettes, microfilm, etc. that recovers the costs of providing
the duplicate record, along with any costs associated with converting electronic records.19
io Idaho Code 74-102(8).
11 Idaho Code 74-102(6).
12 Idaho Code 74-102(7).
is Idaho Code 74-102(6).
is Idaho Code 74-120(1)(b).
is Idaho Code 74-120(2).
ie The law provides an exception to the prohibition on charges for "fees that are authorized or prescribed under
other provisions of Idaho law." Idaho Code 74-102(10).
17 Idaho Code 74-102(10)(b).
is Idaho Code 74-102(10)(c).
i9 Idaho Code 74-102(10)(d).
5
Charges to recover labor costs must comply with the following requirements. 20
• Charges "shall not exceed reasonable labor costs necessarily incurred in responding to a
public records request."
Charges must "reflect the personnel and quantity of time that are reasonably necessary to
process a request."
The hourly rate charged "shall be... the per hour pay rate of the lowest paid
administrative staff employee or public official of the public agency... who is necessary
and qualified to process the request."
Charges to recover costs for legal counsel to redact nonpublic information must meet these
requirements. zi
• If the attorney is employed by the public agency, "the rate charged shall be no more than
the per hour rate of the lowest paid attorney within the public agency... who is necessary
and qualified to process the public records request."
If the public agency has contract legal counsel, "the rate shall be no more than the usual
and customary rate of the attorney who is retained by the public agency... for that
purpose."
The law provides that fees for public records requests must be waived when the requester shows
they meet all of the following criteria.22
• The request "is likely to contribute significantly to the public's understanding of the
operations or activities of the government."
The request "is not primarily in the individual interest of the requester including, but not
limited to, the requester's interest in litigation in which the requester is or may become a
party."
• The request "will not occur if fees are charged because the requester has insufficient
financial resources to pay such fees."
When fees are charged, the public agency must provide an itemized statement to the requester
showing the following. 23
• The per page costs for copies and the number of pages copied (remember, the first 100
pages of paper copies are free).
20 Idaho Code 74-102(10)(e).
21 Idaho Code 74-102(10)(e).
22 Idaho Code 74-102(10)(f).
11 Idaho Code 74-102(10)(g).
1-*
u
The number of hours that each employee and/or attorney worked in responding to the
request, and the hourly rates charged for each employee and attorney (remember, the first
two hours of labor are free).
The law prohibits a requester from filing multiple records requests solely to avoid paying fees.
When a public agency believes that one or more requester(s) are splitting a large request on a
particular subject into a series of smaller requests to avoid paying fees, the public agency may
aggregate the requests and charge the appropriate fees. The public agency is prohibited from
aggregating multiple requests on unrelated subjects from one requester.24
The public agency may require advance payment of fees. The public agency estimates copying
and labor charges and the requester must pay before the public agency begins fulfilling the
request. If the advance payment turns out to be in excess of the actual costs, then the excess
must be refunded to the requester. 25 If the actual costs exceed the amount that the requester paid
in advance, the requester may be required to pay the difference.
Responding to Public Records Requests: The public agency must either grant or deny a
person's request to examine or receive copies of public records within three working days of the
date that the request was received by the public agency.26
If employees of the public agency determine that a longer period of time is needed to locate or
retrieve the records, the public agency must notify the requester in writing (email or mail), and
the records must be provided within 10 working days of the date that the request was received by
the public agency, unless the public agency requires advance payment of fees. In the event
advance payment is required, the countdown clock starts ticking at the time the payment is made
by the requester.
If the public agency does not respond, the request is deemed to be denied within 10 working days
following the date that the request was received by the public agency.27
If the public agency denies part or all of the request for records, the person legally responsible
for administering the public agency (mayor or city manager) or their designee (city clerk or other
records custodian) must notify the requester in writing of the denial or partial denial.28
The notice of denial or partial denial must include the following information.29
za Idaho Code 74-102(11).
zs Idaho Code 74-102(12).
ze Idaho Code 74-103(1).
27 Idaho Code 74-103(2).
28 Idaho Code 74-103(3).
29 Idaho Code 74-103(4).
7
• That the legal counsel for the public agency has reviewed the request or that the public
agency has had an opportunity to consult with. its legal counsel concerning the request
and has chosen not to do so (always consult the city attorney on a denial of a public
records request)_
• The provision(s) of Idaho Code authorizing the denial of the records request.
The requester's right to appeal the denial and the time frames for appealing. Any
requester who wishes to appeal the denial of a public records request must file a lawsuit
in the District Court of the county where the records are located within 180 calendar days
from the date the public agency mailed the notice of denial or partial denial.
In the case where electronic records have been requested and these records must be converted to
another electronic format by the public agency or a third party and the conversion process cannot
be completed within 10 working days, the public agency must notify the requester in writing
(email or mail) and the public agency must provide the converted record(s) at a time mutually
agreed upon by the public agency and requester "with due consideration given to any limitations
that may exist due to the process of conversion or due to the use of a third party to make the
conversion."30
Appealinst the Denial of a Public Records Request: Any requester who wishes to appeal the
denial of a public records request must file a lawsuit in the District Court of the county where the
records are located within 180 calendar days from the date the public agency mailed the notice of
denial or partial denial.3 �
In the event that the disputed records involve trade secrets, lists of personal property, operating
property statements, and/or confidential commercial or financial information, the petitioner must
name as a party and serve the person or entity that would be affected by the disclosure of the
information, and that person/entity has standing to oppose the request for disclosure.32
The time for responsive pleadings and for hearings is set by the court at the earliest possible
time, but in no event may the hearing be more than 28 calendar days from the date of filing.
The public agency must keep all documents or records in question until the expiration of the
appeal period, until a decision has been rendered on the petition, or as otherwise statutorily
provided, whichever is longer.33
The court considers the pleadings, oral arguments and evidence, and decides whether the record
will be disclosed. The court must award reasonable costs and attorney fees to the prevailing
party or parties if the request or refusal to provide records was frivolously pursued."
30 Idaho Code 74-103(1).
31 Idaho Code 74-115(1).
32 Idaho Code 74-115(1).
33 Idaho Code 74-115(2).
34 Idaho Code 74-116.
E:1
EXEMPT RECORDS
Some examples of public agency records exempt from public disclosure are summarized below.
This list is not complete and is not intended to be a substitute for reviewing the exemptions in the
Public Records Law with your city attorney.
In some cases, the law provides limited exceptions allowing the disclosure of certain records,
often by court order or to law enforcement agencies, so it is critical to review the specific
provision of Idaho Code with your city attorney.
All state laws providing for confidentiality of public records are required to be located in Idaho
Code Title 74, Chapter 1. Any statutory provisions added to Idaho Code on and after January 1,
2016 that provide for confidentiality of records that are not located in Title 74, Chapter 1 are
void and the any such records are public in nature.35
Archeological Sites
• Maps and other records identifying the location of archaeological or geophysical sites or
endangered species, if not already known to the general public.36
Buildings & Facilities
Records of buildings, facilities, infrastructures and systems held by or in the custody of
any public agency only when the disclosure of such information would jeopardize the
safety of persons or the public safety. Such records may include emergency evacuation,
escape or other emergency response plans, vulnerability assessments, operation and
security manuals, plans, blueprints or security codes. For purposes of this section
"system" shall mean electrical, heating, ventilation, air conditioning and
telecommunication systems.37
Business & Trade Secrets
• Trade secrets provided by businesses in response to public agency requests for proposal,
requests for clarification, requests for information, etc .38 Trade secrets are defined as:
information, including a formula, pattern, compilation, program, computer program,
device, method, technique, process, or unpublished or in progress research that:
(a) Derives independent economic value, actual or potential, from not being
generally known to, and not being readily ascertainable by proper means by other
persons who can obtain economic value from its disclosure or use; and
35 Idaho Code 74-122.
se Idaho Code 74-108(1).
37 Idaho Code 74-105(4)(b).
38 Idaho Code 74-107(1).
41
(b) Is the subject of efforts that are reasonable under the circumstances to maintain
its secrecy.
• Production records, housing production, rental and financing records, sale or purchase
records, catch records, mortgage portfolio loan documents, or similar business records of
a private concern or enterprise required by law to be submitted to or inspected by a public
agency.39
• Records of a county assessor, the State Tax Commission, a county Board of Equalization
or the state Board of Tax Appeals containing the following information: (i) lists of
personal property required to be filed pursuant to section 63-302, Idaho Code, and
operating statements required to be filed pursuant to section 63-404, Idaho Code, and (ii)
confidential commercial or financial information including trade secrets.40 Except with
respect to lists of personal property required to be filed pursuant to section 63-302, Idaho
Code, and the operator statements required to be filed pursuant to section 63-404, Idaho
Code, it shall be the responsibi.lity of the taxpayer to give notice of its claim to exemption
by stamping or marking each page or the first page of each portion of documents so
claimed. The following information is public record:
(i) Name and mailing address of the property owner,
(ii) A parcel number;
(iii) A legal description of real property;
(iv) The square footage and acreage of real property;
(v) The assessed value of taxable property;
(vi) The tax district and the tax rate; and
(vii) The total property tax assessed.
Corrections & Jails
• Certain records of the Idaho Department of Correction,41 including:
✓ Records of which the public interest in confidentiality, public safety, security and
habilitation clearly outweighs the public interest in disclosure as identified
pursuant to the authority of the Idaho Board of Correction under section 20-212,
Idaho Code,
39 Idaho Code 74-107(2).
40 Idaho Code 74-107(24).
41 Idaho Code 74-105(4)(a).
10
✓ Records that contain any identifying information, or any information that would
lead to the identification of any victims or witnesses;
✓ Records that reflect future transportation or movement of a prisoner;
✓ Records gathered during the course of the presentence investigation; and
✓ Records of a prisoner, as defined in section 74-101(10), Idaho Code, or
probationer shall not be disclosed to any other prisoner or probationer.
• Records of a prisoner or former prisoner in the custody of any state or local correctional
facility, when the request is made by another prisoner in the custody of any state or local
correctional facility.42
• Records of the Commission of Pardons and Parole pursuant to sections 20-213A and 20-
223, Idaho Code.a3
• Voting records of the Sexual Offender Classification Board."
• Records of the financial status of prisoners provided pursuant to section 20-607, Idaho
Code, concerning prisoner reimbursement to the county.as
Courts
• Certain records in court files of judicial proceedings where disclosure is prohibited by or
under rules adopted by the Idaho Supreme Court.46
Economic Development
• Records gathered by a local agency or the Idaho Department of Commerce, as described
in chapter 47, title 67, Idaho Code, for the specific purpose of assisting a business to
locate, maintain, invest in, or expand operations in the State of Idaho.47
• Financial statements and business information and reports submitted by a legal entity to a
port district organized under title 70, Idaho Code, in connection with a business
agreement, or with a development proposal or with a financing application for any
industrial, manufacturing, or other business activity within a port district.ag
" Idaho Code 74-105(14).
41 Idaho Code 74-105(4)(c).
44 Idaho Code 74-105(5).
45 Idaho Code 74-106(16).
46 Idaho Code 74-104(2).
4' Idaho Code 74-107(6).
48 Idaho Code 74-107(8).
11
• Records disclosed to a county official by the State Tax Commission pursuant to
subsection (4)(c) of section 63-302913, Idaho Code, relating to the income tax credit for
capital investment.49
Employment & Personnel
Personnel records of a current or former public official are exempt from disclosure with
the exception of the following information, which is public record: the public official's
public service or employment history, classification, pay grade and step, longevity, gross
salary and salary history, status, workplace and employing agency.50
• Records of the Idaho State Insurance Fund from or on behalf of employers or employees
contained in underwriting and claims for benefit files."
• The worker's compensation records of the Idaho Industrial Commission,52 but records
will be made available in the following situations:
(a) To the parties in any worker's compensation claim and to the Industrial Special
Indemnity Fund of the State of Idaho; or
(b) To employers and prospective employers subject to the provisions of the
Americans with Disabilities Act, 42 U.S.C. 12112, or other statutory limitations, who
certify that the information is being requested with respect to a worker to whom the
employer has extended an offer of employment and will be used in accordance with
the provisions of the Americans with Disabilities Act, 42 U.S.C. 12112, or other
statutory limitations; or
(c) To employers and prospective employers not subject to the provisions of the
Americans with Disabilities Act, 42 U.S.C. 12112, or other statutory limitations,
provided the employer presents a written authorization from the person to whom the
records pertain; or
(d) To others who demonstrate that the public interest in allowing inspection and
copying of such records outweighs the public or private interest in maintaining the
49 Idaho Code 74-107(19).
so "All other personnel information relating to a public employee or applicant including, but not limited to,
information regarding sex, race, marital status, birth date, home address and telephone number, applications,
testing and scoring materials, grievances, correspondence and performance evaluations, shall not be disclosed to
the public without the employee's or applicant's written consent. Names of applicants to classified or merit system
positions shall not be disclosed to the public without the applicant's written consent. Disclosure of names as part
of a background check is permitted. Names of the five (5) final applicants to all other positions shall be available to
the public. If such group is less than five (5) finalists, then the entire list of applicants shall be available to the
public. A public official or authorized representative may inspect and copy his personnel records, except for
material used to screen and test for employment. " Idaho Code 74-106(1).
" Idaho Code 74-105(9).
sz Idaho Code 74-105(10).
12
confidentiality of such records, as determined by a civil court of competent
jurisdiction; or
(e) Although a claimant's records maintained by the Industrial Commission,
including medical and rehabilitation records, are otherwise exempt from public
disclosure, the quoting or discussing of medical or rehabilitation records contained in
the Industrial Commission's records during a hearing for compensation or in a written
decision issued by the Industrial Commission shall be permitted; provided further, the
true identification of the parties shall not be exempt from public disclosure in any
written decision issued and released to the public by the Industrial Commission.
Employment security (unemployment insurance) information descriptive of an
identifiable person or persons, except that a person may agree, through written, informed
consent, to waive the exemption so that a third party may obtain information pertaining to
the person, unless access to the information by the person is restricted by subsection
(3)(a), (3)(b) or (3)(d) of section 74-113, Idaho Code.53
Test questions, scoring keys, and other data used to administer a licensing examination,
employment, academic or other examination or testing procedure before the examination
is given if the examination is to be used again. Records establishing procedures for and
instructing persons administering, grading or evaluating an examination or testing
procedure are included in this exemption, to the extent that disclosure would create a risk
that the result might be affected.sa
Financial
• Records of personal debt filed with a public agency pursuant to law.55
• Personal bank records compiled by a public depositor for the purpose of public funds
transactions conducted pursuant to law.s6
• Records of ownership of financial obligations and instruments of a public agency, such as
bonds, compiled by the public agency pursuant to law.57
• Records, with regard to the ownership of, or security interests in, registered public
obligations.58
53 Idaho Code 74-106(7).
sa Idaho Code 74-108(5).
ss Idaho Code 74-106(4)(a).
se Idaho Code 74-106(4)(b).
57 Idaho Code 74-106(4)(c).
58 Idaho Code 74-106(4)(d).
13
General
• Any public record exempt from disclosure by federal or state law or federal regulations to
the extent specifically provided for by such law or regulation.59
Idaho Counties Risk Management Program
Records of any risk retention or self-insurance program (such as the Idaho Counties Risk
Management Program—ICRMP) prepared in anticipation of litigation or for analysis of
or settlement of potential or actual money damage claims against a public entity and its
employees or against the Industrial Special Indemnity Fund except as otherwise
discoverable under the Idaho or federal rules of civil procedure. These records shall
include, but are not limited to, claims evaluations, investigatory records, computerized
reports of losses, case reserves, internal documents and correspondence relating thereto.
At the time any claim is concluded, only statistical data and actual amounts paid in
settlement shall be deemed a public record unless otherwise ordered to be sealed by a
court of competent jurisdiction. Provided however, nothing in this subsection is intended
to limit the attorney client privilege or attorney work product privilege otherwise
available to any public agency.G0
Juvenile Corrections
• Records of juveniles under the Juvenile Corrections Act61 and records of the Custody
Review Board of the Idaho Department of Juvenile Corrections.62
Law Enforcement
• Records of the Sheriff or Idaho State Police relating to applicants or licensees for
concealed weapons pennitting, carrying of concealed firearms by qualified retired law
enforcement officers, and enhanced concealed weapons licenses.63
• Criminal history records and fingerprints compiled by the Idaho State Police.64
• Records of the Idaho State Police or Idaho Department of Correction received or
maintained pursuant to section l 9-5514, Idaho Code, relating to DNA databases and
databanks.65
51 Idaho Code 74-104(1).
61 Idaho Code 74-107(11).
61 Idaho Code 74-105(2).
62 Idaho Code 74-105(3).
" Idaho Code 74-105(6).
64 Idaho Code 74-105(12).
11 Idaho Code 74-106(17).
MIA
• Residential street addresses and telephone numbers of eligible law enforcement officers
and such officer's residing household members as provided by chapter 58, title 19, Idaho
Code.66
Except as provided in section 72-1007, Idaho Code, records of the Idaho Industrial
Commission relating to compensation for crime victims under chapter 10, title 72, Idaho
Code.67
• Investigatory records compiled for law enforcement purposes by a law enforcement
agency to the extent the production of such records would:
(a) Interfere with enforcement proceedings;
(b) Deprive a person of a right to a fair trial or an impartial adjudication;
(c) Constitute an unwarranted invasion of personal privacy;
(d) Disclose the identity of a confidential source and, in the case of a record compiled
by a criminal law enforcement agency in the course of a criminal investigation,
confidential information furnished only by the confidential source;
(e) Disclose investigative techniques and procedures; or
(f) Endanger the life or physical safety of law enforcement personnel.68
Inactive investigatory records must be disclosed unless the disclosure would violate any
of the provisions of Idaho Code 74-124(1)(a) through (0 (see list above).69
Investigatory record70 "means information with respect to an identifiable person or group
of persons compiled by a law enforcement agency in the course of conducting an
investigation of a specific act or omission and shall not include the following
information:
(a) The time, date, location, and nature and description of a reported crime, accident
or incident;
(b) The name, sex, age, and address of a person arrested, except as otherwise
provided by law;
(c) The time, date, and location of the incident and of the arrest;
" Idaho Code 74-106(30).
67 Idaho Code 74-105(15).
68 Idaho Code 74-124(1).
69 Idaho Code 74-124(3).
70 Idaho Code 74-124(3).
15
(d) The crime charged;
(e) Documents given or required by law to be given to the person arrested;
(f) Informations and indictments except as otherwise provided by law; and
(g) Criminal history reports."
Libraries & Museums
• The records of a library which, when examined alone, or when examined with other
public records, would reveal the identity of the library patron checking out, requesting, or
using an item from a library.71
• The material of a library, museum or archive that has been contributed by a private
person, to the extent of any limitation that is a condition of the contribution.72
Licensing & Certification
• Any personal records, other than names, business addresses and business phone numbers,
such as parentage, race, religion, sex, height, weight, tax identification and social security
numbers, financial worth or medical condition submitted to any public agency pursuant
to a statutory requirement for licensing, certification, permit or bonding.73
• Unless otherwise provided by agency rule, information obtained as part of an inquiry into
a person's fitness to be granted or retain a license, certificate, permit, privilege,
commission or position, private association peer review conunittee records authorized in
title 54, Idaho Code.74
Medical
Records of hospital care, medical records, including prescriptions, drug orders, records or
any other prescription information that specifically identifies an individual patient,
prescription records maintained by the Board of Pharmacy under sections 37-2726 and
37-2730A, Idaho Code, records of psychiatric care or treatment and professional
counseling records relating to an individual's condition, diagnosis, care or treatment.75
(NOTE: This exception is in addition to any HIPAA limitations on disclosure of
medical information.)
71 Idaho Code 74-108(3).
" Idaho Code 74-108(4).
73 Idaho Code 74-106(8).
74 Idaho Code 74-106(9).
75 Idaho Code 74-106(13).
`V
Personal
• Vital statistics records of a personal nature.76
• Military records as described in and pursuant to section 65-301, Idaho Code.77
• Records pertaining to a participant in the Address Confidentiality for Victims of Violence
Program in chapter 57, title 19, Idaho Code.78
Procurement & Purchasing
• Records relating to the appraisal of real property, timber or mineral rights prior to its
acquisition, sale or lease by a public agency.79
• Any estimate prepared by a public agency that details the cost of a public project until
such time as disclosed or bids are opened, or upon award of the contract for construction
of the public project.80
Public Employee Retirement System of Idaho
Certain information maintained by the Public Employee Retirement System of Idaho,
including retired employees' and retired public officials' home addresses, home telephone
numbers and other financial and nonfinancial membership records; active and inactive
member financial and membership records and mortgage portfolio loan documents
maintained by the public employee retirement system.81
Taxation
Information in an income or other tax return measured by items of income or sales, which
is gathered by a public agency for the purpose of administering the tax.82
Technology
• Computer programs developed or purchased by or for any public agency for its own use.
Computer program means a series of instructions or statements that permit the
functioning of a computer system in a manner designed to provide storage, retrieval and
manipulation of data from the computer system, and any associated documentation and
source material that explain how to operate the computer program. Computer program
does not include:
76 Idaho Code 74-106(4)(e).
77 Idaho Code 74-106(4)(f).
78 Idaho Code 74-106(27).
79 Idaho Code 74-107(3).
80 Idaho Code 74-107(4).
81 Idaho Code 74-106(2).
12 Idaho Code 74-106(5).
17
(a) The original data including, but not limited to, numbers, text, voice, graphics and
images;
(b) Analysis, compilation and other manipulated forms of the original data produced
by use of the program; or
(c) The mathematical or statistical formulas that would be used if the manipulated
forms of the original data were to be produced manually.83
Transportation
• Personal information contained in motor vehicle and driver records that is exempt from
disclosure under the provisions of chapter 2, title 49, Idaho Code."
• All information exchanged between the Idaho Transportation Department and insurance
companies, any database created, all information contained in the online insurance
verification system for motor vehicle insurance coverage and all reports, responses or
other information generated for the purposes of the verification system, pursuant to
section 49-1234, Idaho Code.ss
Unclaimed Property
• Personal information including, but not limited to, property values, personal and business
addresses, phone numbers, dates of birth, social security and driver's license numbers or
any other identifying numbers or information maintained by the administrator of the
unclaimed property law set forth in chapter 5, title 14, Idaho Code.86
PENALTIES FOR VIOLATION
Any public official who is found by the court to have "deliberately and in bad faith improperly
refused a legitimate" public records request may be fined up to $1,000. This fine is payable by
the official personally, not the public agency.87
as Idaho Code 74-107(15).
84 Idaho Code 74-106(15).
85 Idaho Code 74-106(31).
86 Idaho Code 74-106(33).
11 Idaho Code 74-117.
iv
GOOD FAITH PROTECTION
The law provides immunity for custodians, public officials and public agencies from liability for
"any loss or damage based upon the release of a public record" if the custodian, public official or
public agency acted in good faith in attempting to comply with the law." Consulting the city
attorney is a key aspect of demonstrating good faith under this provision.
QUESTIONS & ANSWERS
How long does the public agency have to respond to a public records request?
The public agency must either grant or deny a person's request to examine or receive copies of
public records within three working days of the date that the request was received by the public
agency.89
If employees of the public agency determine that a longer period of time is needed to locate or
retrieve the records, the public agency must notify the requester in writing (email or mail), and
the records must be provided within 10 working days of the date that the request was received by
the public agency.
Can the public agency recover costs associated with fulfilling a public records request?
The first two hours of labor in responding to a public records request, as well as the first 100
pages of copies of paper records must be provided free of charge to the requester.90
The public agency may charge to recover actual labor and copying costs associated with locating
and copying documents for requests:
• Involving more than 100 pages of paper records,
0 Where nonpublic information must be redacted from records by legal counsel, or
• Where the actual labor exceeds two person hours.
The public agency can also adopt a records fee schedule setting the per page cost for paper
copies, as well as fees associated with duplicating CDs, DVDs, microfilm, cassettes, computer
disks, etc. For more information, see the section "Charges for Public Records Requests."
Public agencies may also recover the cost of mailing or faxing if the requester asks for copies of
records to be mailed or faxed.
88 Idaho Code 74-118.
89 Idaho Code 74-103(1).
90 Idaho Code 74-102(10).
19
May public agencies respond to public records requests via email?
Yes. The records can be emailed to the requester, if the requester provides an email address on
the written request form.
What is the process for denying a public records request?
If the public agency denies part or all of the request for records, the person legally responsible
for administering the public agency (mayor or city manager) or their designee (city clerk or other
records custodian) must notify the requester in writing of the denial or partial denial."
The notice of denial or partial denial must include the following information.92
• That the legal counsel for the public agency has reviewed the request or that the public
agency has had an opportunity to consult with its legal counsel concerning the request
and has chosen not to do so (always consult the city attorney on denial of a public records
request).
• The provision(s) of Idaho Code authorizing the denial of the records request.
• The requester's right to appeal the denial and the time frames for appealing. Any
requester who wishes to appeal the denial of a public records request must file a lawsuit
in the District Court of the county where the records are located within 180 calendar days
from the date the public agency mailed the notice of denial or partial denial.
Are personnel records exempt from public disclosure?
Personnel records of a current or former public official are exempt from disclosure with the
exception of the following information, which is public record that must be disclosed: the public
official's public service or employment history, classification, pay grade and step, longevity,
gross salary and salary history, status, workplace and employing agency.93
91 Idaho Code 74-103(3).
92 Idaho Code 74-103(4).
93 "All other personnel information relating to a public employee or applicant including, but not limited to,
information regarding sex, race, marital status, birth date, home address and telephone number, applications,
testing and scoring materials, grievances, correspondence and performance evaluations, shall not be disclosed to
the public without the employee's or applicant's written consent. Names of applicants to classified or merit system
positions shall not be disclosed to the public without the applicant's written consent. Disclosure of names as part
of a background check is permitted. Names of the five (5) final applicants to all other positions shall be available to
the public. If such group is less than five (5) finalists, then the entire list of applicants shall be available to the
public. A public official or authorized representative may inspect and copy his personnel records, except for
material used to screen and test for employment. " Idaho Code 74-106(1).
20
What are the penalties for violating the Public Records Law?
Any public official who is found by the court to have "deliberately and in bad faith improperly
refused a legitimate" public records request may be fined up to $1,000. This fine is payable by
the official personally, not the public agency.94
Are emails and text messages of city elected officials and staff considered public record?
Yes. Emails and text messages are considered public record when they deal with the business of
city government, even if the elected officials or staff use their personal cell phone or email
account. It's the content that matters, not the medium used to transmit or record the information.
Are draft council meeting minutes public record?
Yes. A 1990 Idaho Supreme Court case95 held that handwritten notes by the county clerk taken
as draft minutes of commission meetings were public record, despite the fact that the minutes
had not yet been officially approved by the county commissioners. If a public record request is
made for draft meeting minutes, the city clerk should indicate that the minutes are in draft form
and must still be approved by the city council.
Who should public records requests be made to: the mayor, a councilmember or the city
clerk?
Public records requests should always be made to the custodian of the record, generally the city
clerk or police records custodian. If you have a question about who is the custodian of the
record, contact the city clerk.
When a document includes nonpublic as well as public information, can the document be
disclosed in a public records request?
When a public records request includes a record that has both nonpublic and public information,
the public agency must redact the nonpublic portions of the record and make the public portions
available.96 It is critical for the city attorney to be involved whenever nonpublic information
must be redacted from records.
What rights does a person have to inspect and copy records of the public agency that
pertain to that person? Can the person request that such records be corrected?
A person may inspect and copy records of a public agency pertaining to that person, even if the
record is exempt from public disclosure.97 The person may make a written request for an
amendment to any record pertaining to that person. Within 10 days of receipt of the request, the
public agency must:
94 Idaho Code 74-117.
95 Fox v. Estep, 118 Idaho 454 (1990).
96 Idaho Code 74-112.
91 Idaho Code 74-113.
21
• Make the correction of any portion of the record that the person establishes is not
accurate, relevant or complete, or
Inform the person in writing that the public agency refuses to amend the record, setting
forth the reasons for the refusal and noting that the person has the right to appeal the
refusal and the time period for doing so. Any person who wishes to appeal the denial of a
request to amend records pertaining to that person must file a lawsuit in the District Court
of the county where the records are located within 180 calendar days from the date the
public agency mailed the notice of denial.
The time for responsive pleadings and for hearings is set by the court at the earliest possible
time, but in no event may the hearing be more than 28 calendar days from the date of filing.
The public agency must keep all documents or records in question until the expiration of the
appeal period, until a decision has been rendered on the petition, or as otherwise statutorily
provided, whichever is longer.
The court considers the pleadings, oral arguments and evidence, and decides whether the record
will be amended. The court may award reasonable costs and attorney fees to the prevailing party
or parties if the request for amendment or refusal to amend was frivolously pursued.
The right to inspect and amend records pertaining to oneself does not include the right to review
the following.
• Otherwise exempt investigatory records of a public agency if the investigation is
ongoing.
• Infonmation that is compiled in reasonable anticipation of a civil action or proceeding that
is not otherwise discoverable.
• Information relating to adoption records.
• Information that is otherwise exempt from disclosure by statute or court rule.
• Records of a prisoner maintained by the state or local agency having custody of the
prisoner, or formerly having custody of the prisoner, or by the Commission of Pardons
and Parole.
22
inuucll ruuiiu RAuurub R11144urast ruriill
Request for Public Records
For Official Use Only
Date: Request #:
Received by:
Title:
Date Completed:
❑ Examined
❑ Picked Up
❑ E-Mailed to:
Requestor's Signature
Time Date
Public records are accessible at all times during regular business hours and may be examined at
no charge. Copies may be provided in most instances upon request. If more than three (3)
working days are needed to locate or retrieve the records, you will be notified and the information
will be provided within ten (10) working days of your request. All document duplication fees are
due and payable in full and are based on the City's current fee resolution.
Date of Request:
Name:
Mailing Address:
Street # City State Zip
Phone E-mail address
Pursuant to Idaho Code § 74-102, 1 hereby request:
❑ To examine the records listed below.
To receive a copy of the records listed below in ( ) Electronic format or ( ) Printed format.
Records requested (including date/date range, if applicable):
(If more space is needed, attach additional pages)
I acknowledge by my signature that the records sought by this request will not be used for a
mailing list or telephone number list as set forth in Idaho Code § 74-120.
Signature
23
City of Hayden Response to Records Request
CI Request Granted: The requested record is attached.
CI Response Delayed: Additional time is necessary to process the records request. You
should receive your records no later than ten (10) working days following the date of your
request.
Advance Payment Required: $ (see cost breakdown below)
Advance payment of the cost associated with responding to your request is required.
Please contact the City Clerk to discuss the amount and manner of the advance payment.
i Unable to Respond for One or More of the Following Reasons
o Record not known to exist
o City of Hayden is not the custodian of the request record
Notice of Denial: The requested record is exempt from disclosure pursuant to Idaho Code
§ 74- (104-111).
Notice of Partial Denial: Your request has been partially denied. Certain information has
been determined to be exempt from disclosure pursuant to Idaho Code § 74-
(104-111), and has therefore been redacted from the requested record. A copy of the
requested record with the exempt information redacted is attached.
If your request has been denied or partially denied, an attorney for the City of Hayden has
reviewed the request, or the City has had the opportunity to consult with an attorney
regarding the request for examination or copying of a record and has chosen not to do so.
If you wish to appeal the denial or partial denial of your request for public records you may
do so pursuant to the provisions of Idaho Code § 74-115, which requires that a petition be
filed in the District Court within 180 days from the date of the mailing of the notice of denial
or partial denial.
For Office Use Only
Copies - 100* x $0.05 = $
Other
(type)
Copies x $
Staff Time - 2 hours* x $
Attorney Time x $
*Per Idaho Code § 74-102-10 (a)
Total Due $
24
1V1VUU1 r-UU11V Mt1t;V1U, VVI1111UdL1V11 rV1111
State of Idaho )
:ss
County of Kootenai )
I, , Hayden City Clerk, as the official record keeper for the City of Hayden, do
hereby certify, as allowed under by Idaho Code 74-102(3), that the attached document is a tine and
correct copy of the original record on file with the City of Hayden.
SEAL
Signature:
Dated:
City Clerk
SUBSCRIBED AND SWORN TO before me a notary in and for said state this day of
,20
SEAL
Notary for the state of Idaho
Residing at:
My Commission Expires:_
Dated:
25
CIATICiAN
P.
Roles & Responsibilities Manual
Association of Idaho Cities
3100 South Vista Avenue, Suite 310, Boise, Idaho 83705
Tel. (208) 344-8594 or (800) 344-8594
Fax (208) 344-8677
www.idahocities.org
Table of Contents
Introduction................................................................................................................................. 3
Formof Government.................................................................................................................. 3
The Council -Manager Form of Government.............................................................................4
Term of Office for Mayors & Councilmembers........................................................................5
Qualifications for Mayors & Councilmembers.........................................................................6
Methodof Election......................................................................................................................7
Installation of Mayors & Councilmembers...............................................................................9
Removal of Mayors & Councilmembers.................................................................................12
Mayoral & Council Vacancies..................................................................................................13
Compensation of Mayor & Council.........................................................................................16
Understanding Separation of Powers and Checks and Balances........................................17
Executive Authority Vested in Mayor......................................................................................20
Mayoral Powers & Responsibilities........................................................................................21
Legislative Authority Vested in Council.................................................................................24
Council Powers & Responsibilities.........................................................................................24
Role of the Council President..................................................................................................29
Structure & Jurisdiction of the Idaho Courts.........................................................................31
Judicial Authority Vested in Idaho Courts.............................................................................33
Powers & Responsibilities of the Idaho Courts.....................................................................
34
The Role of City Boards, Commissions & Committees.........................................................35
CityAppointed Officers............................................................................................................37
Responsibilities of the City Clerk............................................................................................39
Responsibilities of the City Treasurer....................................................................................42
Responsibilities of the City Attorney......................................................................................44
2
Roles & Responsibilities
Introduction
Just like government at the state and federal levels, municipal government in Idaho rests on the
foundational principles of separation of powers and checks and balances. Separation of powers
is the division of responsibility between the executive, legislative, and judicial branches. Checks
and balances serve to make each branch dependent on the others in important ways, helping to
prevent one branch from aggrandizing power at the expense of the others.
The responsibilities of mayors and councilmembers are set forth in state law and the proper
functioning of city government relies on all officials understanding their roles, the limits of their
authority and how their office interacts with others. Understanding your responsibilities as a city
official also protects you and your city from liability that may arise from acting outside the scope
of your authority, and provides citizens with confidence that city government is operating
effectively.
Form of Government
Article XII, Section 1 of the Idaho Constitution empowers the Idaho Legislature to "...provide by
general laws for the incorporation, organization and classification of the cities and towns ... which
laws may be altered, amended, or repealed by the general laws."
The mayor -council form of government is established by Idaho law as the default form of city
government: "The officials of each city shall consist of a mayor and either four (4) or six (6)
councilmen..."'
' Idaho Code 50-203.
3
Cities desiring to increase or decrease the size of their council may submit the question to the
qualified electors of the city.z The process begins with a council resolution or a citizen petition
signed by at least 20 percent of the number of qualified electors voting in the last general city
election. The proposition must receive simple majority voter approval to pass.
The Council -Manager Form of Government
At local option, cities may adopt the council-manager form of government, with a five or seven
member council and a professional city manager serving at the pleasure of the council.3
Currently, only the cities of Lewiston, McCall and Twin Falls operate under the council-manager
form of city government.
In council-manager cities, the mayor is selected by the council from among its members at the
first meeting in January following a general city election for a two-year term4; although cities
may, by ordinance, choose to have the mayor selected directly by the voters for a term of two or
four years.5 In all three cities currently operating under the council-manager form, the mayor is
elected by the council from among its members. The mayor's primary role is in chairing council
meetings, and the mayor is entitled to vote on all matters before the council, but exercises no
tie -breaking or veto power.6
The city manager is responsible for overseeing the administration of the city, ensuring that city
laws and policies are faithfully executed, appointing department heads, advising the council of
2 Cities operating under the mayor -council form of government may increase their council from four to six
members, or decrease their council from six to four members. Cities operating under the council-manager form of
government may increase their council from five to seven members, or decrease their council from seven to five
members. Idaho Code 50-703.
s Idaho Code Title 50, Chapter 8.
4 Idaho Code 50-809(1).
s Idaho Code 50-809(2).
G Idaho Code 50-810.
0
the city's financial condition, preparing and submitting a tentative budget for the upcoming fiscal
year, and other duties as prescribed by the council.'
The process to adopt the council-manager form of government begins in one of two ways: (1) a
resolution passed by a majority of the full council, or (2) a citizen petition signed by at least 20
percent of the number of qualified electors voting in the last general city election.8 The
proposition must be approved by a simple majority of the qualified electors of the city voting on
the question in order to pass.
After at least six years of operating under the council-manager form of government, the question
of whether to discontinue the council-manager form and resume the mayor -council form may be
submitted to the qualified electors of the city.9 The process works similarly to adoption of the
council-manager form, requiring either a resolution approved by a majority of the full council or a
citizen petition signed by at least 20 percent of the number of qualified electors voting at the last
general city election. The proposition to adopt the mayor -council form must be approved by a
simple majority of the qualified electors of the city voting on the question.
Term of Office for Mayors & Councilmembers
The term of office for mayors is four years.10 In the event that a mayoral vacancy is filled by
appointment, the appointee serves until the next general city election in November of an odd -
numbered year, at which point the office is up for election to a four-year term."
7 Idaho Code 50-811.
8 Idaho Code 50-802.
9 Idaho Code 50-812.
10 Idaho Code 50-601.
11 Idaho Code 50-608.
5
The normal term of office for councilmembers is four years.12 Half of the councilmembers are
up for election to four-year terms at the general city election in November of each odd -
numbered year.13 However, state law provides that when a vacant council position is filled by
appointment, the appointee serves until the next general city election in November of an odd -
numbered year.14 At that point:
• If the normal four-year term of office expires at the end of the general election year, the
position is up for election to a four-year term.
• If the normal four-year term of office has two years remaining at the end of the general
election year, the position is up for election for the remaining two years of the term. The
position is then up for a four-year term at the following general city election.
It is critical to understand that two-year council terms only occur as the result of filling a vacant
council position. At the end of a two-year term, the council position must be up for election to a
normal four-year term. Put another way, the same position can never have two consecutive
two-year terms. Two-year terms serve to keep the council on cycle with half of its members up
for election at the general city election in November of each odd -numbered year.
Qualifications for Mayors & Councilmembers
Any person meeting the following requirements is qualified to serve as mayor15 or
councilmember.16
• The person must be at least 18 years of age.
12 Idaho Code 50-702.
13 Idaho Code 50-701.
14 Idaho Code 50-704.
15 Idaho Code 50-601; 50-402(c) & (d); 50-431.
16 Idaho Code 50-702; 50-402(c) & (d); 50-431.
J
• The person must be a U.S citizen.
• The person's primary residence must be within the city.
• The person must be registered to vote.
• The address of the person's voter registration must match the residence address
provided on their declaration of candidacy or intent (for those seeking election).
• The person must be a resident of the city for at least 30 days prior to submitting their
declaration of candidacy or declaration of intent (for those seeking election).
Mayors and councilmembers must continue to meet these qualifications throughout their term of
office."
Method of Election
The default method of election for mayors and councilmembers is outlined below.
• Candidates must file a declaration of candidacy specifying the office and term for which
they are running and affirming their qualifications to hold the office (see "Qualifications
for Mayors & Councilmembers" above). The declaration must be accompanied by a
petition with signatures of at least five qualified city electors with an attached certification
of signatures from the county clerk, OR a non-refundable filing fee of $40.18 The
declaration and petition/fee must be submitted to the city clerk's office by 5:00 p.m. on
the ninth Friday before Election Day.19
"Idaho Code 50-601; 50-702.
18 Idaho Code 50-430; 50-431.
19 Idaho Code 50-432.
7
Write-in candidates must file a declaration of intent with the city clerk's office at least 14
days before Election Day specifying the office and term for which they are running and
affirming their qualifications to hold the office (see "Qualifications for Mayors &
Councilmembers" above).20
Councilmembers are elected by the "horserace" method. Candidates file for a four-year
position or a two-year position (if available). The candidates for four-year and two-year
positions are listed separately on the ballot, and the ballot instructions indicate the
number of positions up for election under each. The top candidates are elected to fill the
available four-year and two-year positions.
Mayors and councilmembers are elected at -large, meaning all city voters get to vote for
all offices up for election.
The candidates receiving the most votes —even if less than a majority of the votes
cast —are elected to fill the available positions.z'
Municipal elections are officially nonpartisan: Idaho law provides that the declaration of
candidacy cannot include any reference to partisan affiliation.2z
At local option cities may adopt any of the following alternate methods of election by ordinance.
Cities may elect councilmembers by districts composed of nearly equal population —
however, no city has implemented this method of election.zs
20 Idaho Code 50-432; 34-702A.
21 Idaho Code 50-467.
22 Idaho Code 50-430 provides that the declaration of candidacy, "...shall [make] no mention relating to party or
principal of the nominee."
23 Idaho Code 50-707A.
• Cities may establish designated council seats, in which case candidates must pick a
specific seat when filing to run for counci1.24 There are 22 cities with designated council
seats.2a
• Cities may require runoff elections for mayor and/or council in the event no candidate
receives a majority of the votes cast at the general election. The runoff is held within 30
days after the general election between the top two candidates. Cities may choose to
have runoff elections for mayor'26 for councilmembers elected by seat or district,27 or
mayor and council. There are currently eight cities with mayoral runoffs28 and three
cities with runoffs for designated council seats.29
Installation of Mayors & Councilmembers
Officials elected at the general city election in November of an odd -numbered year are installed
at the first council meeting in January.30 The process for installation is outlined below.
• The incumbent mayor and councilmembers convene the meeting, approve the minutes
from any previous meetings and approve payment of the bills.
• Those elected at the November election are sworn -in by the city clerk,31 the mayor,32 a
judge33 or another official authorized by Idaho law to administer oaths.sa
24 Idaho Code 50-707.
2s Ammon, Athol, Blackfoot, Boise, Bovill, Caldwell, Coeur d'Alene, Greenleaf, Hailey, Hayden, Idaho Falls,
Kellogg, Meridian, Minidoka, Nampa, Pocatello, Post Falls, Rathdrum, Shelley, Star, Twin Falls and Wallace.
26 Idaho Code 50-612.
27 Idaho Code 50-707B.
28 American Falls, Blackfoot, Boise, Eagle, Idaho Falls, Mountain Home, Pocatello, and Spirit Lake.
29 Blackfoot, Hailey, and Idaho Falls.
30 Idaho Code 50-702; 50-601.
31 Idaho Code 50-207.
32 Idaho Code 50-607. Note that a mayor does not have authority to administer oaths until after he/she has sworn to
the oath of office.
33 Idaho Code 1-1901.
34 Idaho Code 59-403.
9
Those being sworn -in stand, raise their right hand, listen as the oath is read and say "I
do" or "I will" at the end of the oath.35 Each official then signs a paper copy of the oath of
office, which is also signed by the city clerk and is kept by the city as an official record.
• Each official receives a Certificate of Election signed by the mayor and city clerk.ss
• The council proceeds to select one of their members as president of the council by
motion approved by a majority of those present and voting.37
• Mayoral or council vacancies resulting from offices up for election which failed to attract
candidates may be filled by appointment (see "Mayoral & Council Vacancies" below).
In the event a mayor or councilmember is unable to attend the first meeting in January they may
be sworn -in at a subsequent meeting using the same process as outlined above.
35 Idaho Code 59-401.
" Idaho Code 50-470.
including their own.
37 Idaho Code 50-702.
Note that the mayor, even if newly elected and installed, signs the certificates of election,
lull
STATE OF IDAHO,
County of
I
Oath of Office
}SS
(Print Name of Elected or Appointed Official)
do solemnly swear (or affirm) that I will
support the Constitution of the United States and the State of Idaho, and the
Laws and Ordinances of City, and that I will to the best of
my ability, faithfully perform the duties of the office of in
City,
continuance therein. So help me, God.
(Signature of Elected or Appointed Official)
County, Idaho, during my
Subscribed and sworn to before me this day of
City Clerk
11
Removal of Mayors & Councilmembers
Removal of mayors and councilmembers is restricted to the decision of a court of competent
jurisdiction or by the recall process as outlined below.
• Removal or decision by a court of competent jurisdiction:
✓ "[Fjor wilful or corrupt misconduct in office..."38
✓ Conviction of bribery, nepotism, using public position for personal gain or
corruption.ss
✓ Pursuant to an action for usurpation of office brought by the prosecuting attorney.40
✓ Conviction of a felony, in which case a person's rights to vote and hold civil office are
suspended until "satisfactory completion of imprisonment, probation and parole as
the case may be." A person's rights to vote and hold civil office 41 are automatically
restored upon completion of sentence.42
• By recall, as provided in Idaho Code Title 34, Chapter 17. Unlike other states, Idaho
does not require any showing of official malfeasance as grounds for recall. In other
words, petitioners have total discretion to bring forth a recall petition for any reason
whatsoever. Removal of a mayor or councilmember through a recall election requires:
✓ Approval by a majority of the qualified electors voting on the question, AND
38 Idaho Code Title 19, Chapter 41.
39Idaho Code 18-1307; 18-1360.
41 Idaho Code Title 6, Chapter 6. "An action may be brought in the naive of the people of the state against any
person who usurps, intrudes into, holds or exercises any office or franchise, real or pretended, within this state,
without authority of law." Idaho Code 6-602.
41 Idaho Constitution Article VI, Section 3 provides: "No person is permitted to vote, serve as a juror, or hold any
civil office who has, at any place, been convicted of a felony, and who has not been restored to the rights of
citizenship, or who, at the time of such election, is confined in prison on conviction of a criminal offense."
42 Idaho Code 18-310(2) & (4).
12
✓ At least as many votes to recall as were cast for the officer during their last
election.43
When an office is vacated through one of the preceding methods, the vacancy is filled through
the normal process of appointment (see "Mayoral & Council Vacancies" below).
Mayoral & Council Vacancies
Idaho Code 59-901 provides that vacancies in civil offices occur as a result of the following:
1. Resignation of the incumbent.
2. Death.
3. Removal from office.
4. The decision of a competent tribunal declaring the office vacant.
5. Ceasing to be a resident of the state, district or county in which the duties of the office
are to be exercised, or for which the person may have been elected.
6. A failure to elect at the proper election, there being no incumbent to continue in office
until their successor is elected and qualified, nor other provisions relating thereto.
7. A forfeiture of office as provided by any law of the state.
8. Conviction of any infamous crime, or of any public offense involving violation of the oath
of office.
43 Idaho Code 34-1712(3). If the officer was appointed to fill a vacancy, then a simple majority of the qualified
electors voting on the question is required for the officer to be recalled.
13
9. Acceptance of a commission to any military office, either in the militia of this state, or in
the service of the United States, which requires the incumbent in the civil office to
exercise their military duties out of the state for a period of not less than sixty (60) days.
The resignation of a mayor or councilmember needs to be submitted in writing, with a specific
effective date and the officer's signature (preferably notarized). The effective date may be
immediate (the day the letter is submitted) or at a future time certain, at the officer's discretion.
The resignation letter should then be presented to the council, accepted by motion of the
council, and the full text of the letter included in the meeting minutes.44 After the council accepts
the resignation, the process of filling the vacancy may begin.
Once a letter of resignation is submitted to the city it cannot be rescinded.45 The resigning
officer may be appointed to fill the vacancy, assuming they continue to meet the required
qualifications to serve.
Idaho Code 50-608 provides the process for filling a mayoral vacancy.
..When a vacancy occurs in the office of mayor ... the city council shall fill the vacancy
from within or without the council as may be deemed in the best interests of the city,
44 Idaho Code 59-902.
45 In Fitzpatrick v. Welch (96 Idaho 280, 527 P.2d 313 (1974)) the Idaho Supreme Court examined the question of
whether the Kootenai County Sheriff could rescind his resignation after the same had been submitted and accepted
by the Board of County Commissioners, but before the effective date of the resignation.
The Court cited with approval the Illinois case of People v. Kerner (19 I11.2d 506; 167 N.E.2d 555 (1960)) which
held, "[Public] policy requires that there be certainty as to who are and who are not public officers. Otherwise, there
is doubt and confusion which leads to needless litigation."
In the decision authored by Chief Justice Shepard, the Idaho Supreme Court went on to explain: "If appellant or any
other public officer were to be permitted once to indicate his lack of desire to hold an office and tender a resignation
to be effective at some date in the future and then withdraw it, then logically he or any other person could do so a
second, third, and fourth time ad infinitum. Such conduct could be destructive of the orderly conduct of
governmental affairs, the ability of an appointing authority to seek out and secure qualified persons to fill the
purported vacancy, and, as mentioned before, to assure the public of adequate law enforcement."
14
which appointee shall serve until the next general city election, at which election a mayor
shall be elected for the full four (4) year term.
Idaho Code 50-704 provides the process for filling a council vacancy.
A vacancy on the council shall be filled by appointment made by the mayor with the
consent of the council, which appointee shall serve only until the next general city
election, at which such vacancy shall be filled for the balance of the original term.
The process of soliciting and evaluating candidates for a council vacancy is at the mayor's
discretion. The council has discretion to determine the process of soliciting and evaluating
candidates to fill a mayoral vacancy. When there is consensus on a particular individual, then
the vacancy may be filled without soliciting r6sum6s or letters of interest from candidates. If a
broader group of candidates is desired, then the mayor/council may request r6sum6s or letters
of interest and interviews may be conducted with the top candidate(s)—note that if interviews
are conducted by a quorum of the council or a committee, these would have to occur at an open
meeting since Idaho law expressly provides that executive sessions may not be held for the
purpose of considering filling a vacant elective office.46
It is important to note that Idaho law provides no deadline for filling a vacant mayoral or council
position. The timeline for filling such a vacancy is entirely at the discretion of the appointing
authority. There are, however, practical considerations that influence the timeline for filling a
vacancy, with the most important being "How long can the city continue operating with the
vacancy?" In the case of a mayoral vacancy, how long can city operations function without a
mayor to oversee the day-to-day administration? Council vacancies can cause headaches
because of the need for a quorum, a majority of the full council, to be present at meetings. If a
city has a four -member council, a single vacancy means that all three remaining
46Idaho Code 67-2345(I)(a).
15
councilmembers must be present in person or by speakerphone to make a quorum so business
may be transacted.
A mayoral appointment to fill a council vacancy should be presented at a council meeting and
reflected in the minutes. At any time after the presentation of the mayor's appointment, the
council may confirm or reject the appointment by motion, approved by a majority of the
councilmembers present and voting.
When the council fills a mayoral vacancy it is done by motion: the first person to be approved by
a majority of the councilmembers present and voting is appointed.
If resignations result in the city council being unable to constitute a quorum to convene a
meeting (a majority of the full council), then the Governor appoints enough councilmembers to
restore the quorum47 and any remaining vacancies are filled through the normal process.
After a person has been appointed to fill a mayoral or council vacancy, he/she is sworn -in, signs
the oath of office and receives a certificate of appointment signed by the mayor and city clerk.
Compensation of Mayor & Council
Idaho Code 50-203 provides that compensation of the mayor and council "...shall be fixed by
ordinance [passed and] published at least seventy-five (75) days before any general city
election, which ordinance shall be effective for all said officials commencing on January 1
following said election and continuing until changed pursuant to this section."
There are several important things to consider relative to the compensation of the mayor and
council.
47 Idaho Code 59-912.
16
• The deadline for the council to pass and then publish an ordinance changing mayoral
and council salaries comes a few days ahead of the opening of the filing period for
candidates to get their names on the ballot to run for mayor or council.
• Any change in compensation (increase or decrease) requires passage of an ordinance
in compliance with Idaho Code 50-203.
• Compensation must be "fixed" by ordinance, meaning a set amount per month or year—
AIC advises against paying by meeting attendance, by the hour, or any other method
which could fluctuate.
• It is unlawful for a mayor or councilmember to receive compensation over and above
their salary set by ordinance for goods or services provided to the city.48 A city cannot
pay a councilmember extra to help with snowplowing. Likewise, a city cannot purchase
parts from the mayor's parts store. Mayors and councilmembers may voluntarily provide
goods or services to the city without compensation, but cannot be paid for them over and
above their salary set by ordinance.
Understanding Separation of Powers and Checks and Balances
All city officials need to understand how government was intended to function in order to
properly play their respective roles in its operation. Like government at the state and federal
levels, city government in Idaho is shaped by the principles of separation of powers and checks
and balances.
Separation of powers can be described as the division of governmental power and responsibility
among the legislative, executive, and judicial branches.
48 Idaho Code 59-201; 18-1359(1)(d). See Idaho Code 59-201A and 18-1361 for exceptions.
17
Legislative Branch: Includes Congress, the Idaho Legislature and city councils.
Responsible for passing laws and policies, and appropriating money to fund government
operations.
Executive Branch: Headed by the President of the United States, Governor of Idaho and
city mayors. Responsible for implementing and administering laws and policies adopted by
the legislative branch, as well as managing government operations.
Judicial Branch: Includes the United States Supreme Court, Court of Appeals and District
Courts; and Idaho Supreme Court, Court of Appeals, and District Courts. Responsible for
adjudicating cases and controversies and applying the law in particular circumstances.
By dividing power and responsibility among the three branches, we benefit from the
specialization and natural advantages that each branch brings to its work. The executive
branch, headed by a single individual, excels at quick, decisive action and clearly articulating
the popular will. The legislative branch, composed of numerous members, excels at
representing diverse communities, balancing the demands of a multitude of interests and
crafting political compromises. The judicial branch excels at ensuring procedural fairness and
discerning and protecting the rights of individuals. "...[B]roadly speaking the evolution in
modern times of three major procedures of government reflected the importance attached to
three dominant values in the Western World —efficiency, democracy, and justice."49
Each branch exists independently and is imbued with a will of its own —however, the branches
are not hermetically sealed from one another, operating in isolation. The principle of checks
and balances makes each branch dependent upon the others in important ways. This serves to
prevent one branch from aggrandizing power at the expense of the other branches, to the
detriment of public liberty. As James Madison explains in Federalist 51:
49 Vile, M.J.C. Constitutionalism and the Separation of'Powers. Indianapolis: Liberty Fund, 1998, p. 381.
...[T]he great security against a gradual concentration of the several powers in the same
department, consists in giving to those who administer each department the necessary
constitutional means and personal motives to resist encroachments of the others. The
provision for defense must in this, as in all other cases, be made commensurate to the
danger of attack. Ambition must be made to counteract ambition. The interest of the man
must be connected with the constitutional rights of the place. It may be a reflection on
human nature, that such devices should be necessary to control the abuses of
government. But what is government itself, but the greatest of all reflections on human
nature? If men were angels, no government would be necessary. If angels were to
govern men, neither external nor internal controls on government would be necessary. In
framing a government which is to be administered by men over men, the great difficulty
lies in this: you must first enable the government to control the governed; and in the next
place oblige it to control itself. A dependence on the people is, no doubt, the primary
control on the government; but experience has taught mankind the necessity of auxiliary
precautions.
Many of the questions fielded by AIC ask whether a particular responsibility is vested with the
mayor or the council. There is usually a straightforward answer, but a simplistic view ignores
the many ways in which the branches are dependent on each other. For example, the mayor is
responsible for supervising city staff, but that role is impacted by the policies and budgets
passed by the council. The council's power to pass an ordinance doesn't mean much if the
mayor vetoes the ordinance or isn't interested in overseeing its implementation and
enforcement.
19
Our system of checks and balances compels a close working relationship between the mayor
and the council —if they are working at cross-purposes the result will be political infighting and
governmental paralysis. The most effectively governed cities are those in which the mayor and
council work as a team to advance the best interests of their community, with all players
understanding their roles.
Executive Authority Vested in Mayor
Idaho Code 50-602 provides:
The mayor ... shall be the chief administrative official of the city, preside over the
meetings of the city council and determine the order of business subject to such rules as
the council may prescribe, have a vote only when the council is equally divided, have the
superintending control of all the officers and affairs of the city, preserve order, and take
care that the ordinances of the city and provisions of [state law] are complied with and
enforced.
The powers and responsibilities of the mayor are listed below —please note this section
describes mayoral powers under the mayor -council form of government.
20
Mayoral Powers & Responsibilities
Executive
Supervising city employees and appointed officers, hiring and firing of employees (subject to
city personnel policy).50
May demand documents or reports from appointed officers.51
Enforcing laws and policies passed by the council.52
Enforcement of health and quarantine ordinances.53
Declaration of local disaster emergencies for up to seven days in duration.54
Ordering emergency holdbacks in spending by city departments.
Legislative
May veto ordinances passed by the council, subject to override by a majority of the full
council.55
May call special meetings of the city council.56
Presiding over council meetings and determining the order of business "...subject to such
rules as the council may prescribe..."57
50 Idaho Code 50-602.
51 Idaho Code 50-605.
52 Idaho Code 50-602.
53 Idaho Code 50-606.
54 Idaho Code 46-1011.
55 Idaho Code 50-611.
56 Idaho Code 50-604.
57 Idaho Code 50-602.
21
Breaking tie votes of the council.58
Formulating policy recommendations for the council.59
Appointment & Removal
Nominating persons to serve in appointed offices, subject to confirmation by a majority of
the Rill council.60
58 Idaho Code 50-602. Idaho law provides that certain issues require a majority vote of the full council —in these
instances the mayor's tiebreaking vote is not effective. These issues are listed below.
• Adoption of a franchise ordinance. Idaho Code 50-329.
• Confirmation of the mayor's nomination for an appointed office. Idaho Code 50-205.
• Removal of an appointive officer, such as the city clerk, treasurer or attorney. Idaho Code 50-206.
• Adoption of an ordinance providing for leasing of city property for mining purposes. Idaho Code 50-234.
• Overriding the mayor's veto of an ordinance. Idaho Code 50-611.
• Calling special meetings of the city council. Idaho Code 50-706.
• Calling a special election on adoption of the council-manager form of government. Idaho Code 50-802.
• Dispensing with the requirement for ordinances to be read on three different days with one reading in full.
Idaho Code 50-902.
• Declaring an emergency caused by casualty, accident or act of nature and authorizing short-term borrowing
to pay for the costs of repairs or improvements. Idaho Code 50-1006.
• Authorizing the use of portions of public parks, playgrounds or other grounds for athletic contests, golf links,
agricultural exhibits, ball parks, fairs, rodeos, swimming pools and other amusements, and for military units of
the state of Idaho or the United States, and making and entering contracts with the appropriate organizations
and associations. Idaho Code 50-1409.
• Initiation of a local improvement district by council resolution. Idaho Code 50-1706.
• Creation of a local improvement district when the owners of more than two-thirds of the property to be
assessed have protested. Idaho Code 50-1709.
• Sale of property deeded to the city as a result of unpaid local improvement district assessments. Idaho
Code 50-1751.
• Passage of an ordinance providing for disposition of excess revenues in a Local Improvement Guarantee
Fund. This action requires three -fourths vote of the full council. Idaho Code 50-1769.
• Council override of the term limits provision limiting planning and zoning commissioners to no more than
two full, consecutive terms. Idaho Code 67-6504(a).
59 Idaho Code 50-603.
60 Idaho Code 50-204; 50-205.
22
Removal of appointed officers, subject to confirmation by a majority of the full council.61
Filling vacant council positions, subject to council confirmation.62
Appointment and removal of members to city boards, commissions and committees. For
permanent boards, commissions or committees, appointment and removal must be confirmed
by the council."
Miscellaneous
Sign ordinances and resolutions, checks, contracts, bonds and other official documents on
behalf of the city.64
Administering oaths (such as the oath of office).ss
Performing marriage ceremonies within the State of Idaho.66
"... [S]uch powers, prerogatives and authority as is conferred by the laws of the state of Idaho
or as may be conferred upon him by the city council... "s'
Ceremonial head of the city for ribbon cuttings, groundbreaking and other events.
Listening and responding to constituent issues and concerns.
61 Idaho Code 50-206.
62 Idaho Code 50-704.
63 Idaho Code 50-210,
64 Idaho Code 50-607; 50-1018; 57-205.
65 Idaho Code 50-607.
66 Idaho Code 32-303.
67 Idaho Code 50-607.
23
Legislative Authority Vested in Council
Idaho Code 50-701 provides:
The legislative authority of each city in the state of Idaho ... shall be vested in a council
consisting of either four (4) or six (6) members, one half (1/2) of whom shall be elected
at each general city election. Councils shall have such powers and duties as are now or
may hereafter be provided under the general laws of the state of Idaho.
The powers and responsibilities of the city council are outlined below.
Council Powers & Responsibilities
Le0slative
Adopt local laws (ordinances) to protect the public health, safety, morals and welfare.
Ordinances may provide for infraction penalties with a civil fine of up to $100 and
misdemeanor criminal penalties with up to 6 months imprisonment and a fine of up to
$1,000.61
Annex territory into the city by ordinance.69
Adopt a comprehensive plan by resolution, which serves as the city's plan for fixture growth
and development.70
Adopt a zoning ordinance to regulate land uses within the city, including permitted,
conditionally permitted and prohibited land uses within each zone. The zoning ordinance
also outlines application procedures, fees and standards of approval for rezones, conditional
use permits, and variances.71
GS Idaho Code 50-302.
69 Idaho Code 50-222.
71 Idaho Code 67-6503; 67-6508; 67-6509.
71 Idaho Code 67-651 1; 67-6512; 67-6516; 67-6518; 67-6519.
24
Adopt a subdivision ordinance setting forth the process for subdivision applications, fees and
approval; standards for streets, curb and gutter, water, sewer and other infrastructure; and off -
site improvements and other requirements.72
Negotiate with the county commissioners an area of city impact for future urbanization and
annexation into the city and the land use regulations which will apply within the area.73
Creation of an urban renewal agency to plan and undertake economic development projects
within specific areas of the city,74 approval of urban renewal plans75 and authorization of
revenue allocation financing for urban renewal projects by ordinance.76
A majority of the full council may override mayoral veto of an ordinance.77
Establish the place and time of regular council meetings by ordinance.78
A majority of the full council may call special council meetings.79
Authorizing and holding executive sessions, which are meetings of the council closed to the
public, to consider any of the following: hiring a public officer, employee, staff member or
individual agent; evaluation, dismissal, discipline or hearing complaints or charges against a
public officer, employee, staff member or individual agent; deliberations concerning labor
negotiations; acquiring an interest in real property not owned by a public agency; considering
records exempt from public disclosure; preliminary negotiations involving matters of trade or
commerce; communicating with legal counsel concerning pending litigation or controversies
imminently likely to be litigated; communicating with the city's risk manager or insurance
provider to discuss the adjustment of a pending claim or prevention of a claim imminently
likely to be filed; and labor negotiations if either side requests closed meetings.80
" Idaho Code 67-6513; 67-6518; 67-6519.
73 Idaho Code 67-6526.
74 Idaho Code 50-2006; 50-2007.
75 Idaho Code 50-2008.
76 Idaho Code 50-2906.
77 Idaho Code 50-611.
78 Idaho Code 50-705.
79 Idaho Code 50-706.
8° Idaho Code 67-2345.
25
Determine which services should be provided by the city, ` the fees for such services, and
whether a service is more appropriately provided by the city with its own employees or by
contract with a private entity.
Adopt ordinances and regulations to protect public health and prevent contagious diseases,
and adoption of quarantine laws.82
Adopt franchise ordinances granting use of public rights -of -way for power, natural gas, water
and cable providers and setting franchise fees at a percentage of the utility's gross revenues."
Adopt personnel, financial, investment, purchasing, and other policies governing city
operations by resolution.
Licensing and regulation of businesses and occupations within the city and setting license
fees.&'
May adopt building, residential, energy conservation, mechanical and fuel gas codes.85
Regulate, establish license fees up to the maximum allowed by state law and approve
licenses for retail sale of liquor by the drink,86 beer87 and wine.88
Vacating streets and public rights-of-way.89
81 Idaho Code Title 50, Chapter 3.
82 Idaho Code 50-304.
83 Idaho Code 50-329; 50-329A.
84 Idaho Code 50-307.
85 Idaho Code 39-4109; 39-4116; 54-5001.
86 Idaho Code 23-904; 23-916; 23-927.
R7 Idaho Code 23-1012; 23-1016.
88 Idaho Code 23-1315; 23-1318,
89 Idaho Code 50-1306A.
26
Fiscal
Prepare a budget outlining the city's projected revenues and expenditures for the upcoming
fiscal year.so
Approve an appropriations ordinance establishing spending authority for specific funds or
departments for the upcoming fiscal year.91
Approve the city's property tax levy for the upcoming fiscal year. 92
Receive a monthly report on city finances from the city treasurer.93
Examine, at least quarterly, the accounts of officers responsible for managing the monies,
property or business of the city.14
Provide for audits of the city's financial statements in accordance with Idaho Code 67-
450B.ss
Establish, by ordinance, the place(s) of deposit for city funds.96
Approve, by resolution, investment of city funds.97
Quasi -Judicial
Decisions on rezones, conditional use permits, variances, and subdivision preliminary plats.98
Denial of licenses for retail sale of beer,99 wine and liquor by the drink.
90 Idaho Code 50-1002.
91 Idaho Code 50-1003.
92 Idaho Code 50-1007.
93 Idaho Code 50-208.
94 Idaho Code 50-708.
q5 Idaho Code 50-1010.
96 Idaho Code 50-1013.
97 Idaho Code 50-1013.
98 Cooper v. Board of County Commissioners ofAda County, 101 Idaho 407, 614 P.2d 947 (1980); Gay v. Count),
Commissioners of Bonneville County, 103 Idaho 626, 651 P.2d 560 (1982); Chambers v. Kootenai County Bd. of
Comm'rs, 125 Idaho 115, 867 P.2d 989 (1994); Idaho Historic Preservation Council v. City Council of Boise, 134
Idaho 651, 8 P.3d 646 (2000).
99 Idaho Code 23-1016.
27
Appointment & Removal
Confirmation of mayoral appointments to, and removal from, permanent city boards,
commissions and committees.100
Confirmation of the mayor's nomination or removal of appointed officers by a majority of
the full council.'01
Removal of appointed officers by the council, without the mayor's approval, by unanimous
vote of the council.102
Fill a mayoral vacancy from within or without the council as deemed in the best interests of
the city.10'
May establish appointed offices in addition to the city clerk, treasurer and attorney.104
Miscellaneous
Select a councilmember to serve as president of the council (see "Role of the Council
President" below for more information).105
May provide, by ordinance, for the election of councilmembers by seat106 or district.107 May
establish runoff elections for mayor and/or designated council seats.108
May, by ordinance, establish permanent city boards, commissions and committees and define
their membership, responsibilities, duties and authority.109
10° Idaho Code 50-210.
101 Idaho Code 50-204; 50-205; 50-206.
102 Idaho Code 50-206.
103 Idaho Code 50-608.
104 Idaho Code 50-204.
105 Idaho Code 50-702.
106 Idaho Code 50-707.
107 Idaho Code 50-707A.
1os Idaho Code 50-612; 50-707B.
109 Idaho Code 50-210.
W.
Set compensation for mayor and councilmembers by ordinance.
Designate by ordinance an official city newspaper for publishing legal notices."'
Request by resolution a "census or enumeration" of the inhabitants of the city.12
Sustaining a local disaster emergency declaration beyond the initial seven-day period
following the mayor's declaration.13
Approving disposal of surplus real property and leases of city owned real property-' 14
Approving mining leases of city property by ordinance.15
Adopt by resolution a record retention schedule listing the minimum retention period for the
various types of city records.116
Approve by resolution the transfer of permanent records to the State Archives for permanent
storage. 117
Approve a copy fee schedule for public records.118
Role of the Council President
There are three brief references to the council president in Idaho law.
• Idaho Code 50-702 provides that election of the council president is one of the tasks
performed at the first meeting in January following a general city election after the
newly elected and re-elected officials are sworn -in and seated.
10 Idaho Code 50-203.
111 Idaho Code 50-213.
112 Idaho Code 50-214.
13 Idaho Code 46-1011,
114 Idaho Code Title 50, Chapter 14.
15 Idaho Code 50-234,
16 Idaho Code 50-907.
117 Idaho Code 50-907.
18 Idaho Code 9-338(8).
29
• Idaho Code 50-608 provides: "In case of a temporary vacancy in the office of mayor
due to absence or disability, the president of the council shall exercise the office of
mayor during such disability or temporary absence, and until the mayor shall return."
• Idaho Code 50-901 provides: "...in cases of riot, infections or contagious disease, or
other impending danger requiring immediate enforcement, such ordinances shall
take effect upon the proclamation of the mayor or president of the council, posted in
at least five (5) public places of the city...
At the first council meeting in January of every even -numbered year, after the officials elected at
the November general election are sworn -in and seated, the council proceeds to select one of
its members as president of the council. This is done by motion approved by a majority of those
present and voting. Although state law provides that selection of the council president occurs
every two years, cities could provide by resolution for annual selection. The view of AIC's legal
counsel is that the council may replace the president by motion approved by a majority of the
councilmembers present and voting.
The council president's most significant role is in chairing council meetings, signing documents
and supervising city employees in the mayor's absence. While the statute uses the words
"exercise the office of mayor," most city attorneys take a much more circumscribed view of the
council president's authority in such circumstances. The council president should not make
hiring or firing decisions, appointments to fill vacant council positions, or veto ordinances during
the mayor's temporary absence. Other responsibilities of the council president may be defined
by local policy.
30
Structure & Jurisdiction of the Idaho Courts
The Idaho judicial system consists of the Supreme Court, Court of Appeals, District Courts and
Magistrate Division of the District Courts.19
Idaho's trial courts —the District Court and Magistrate Division —are organized into seven judicial
districts, with each district covering four to 10 counties.120 The administration of each district is
supervised by an Administrative Judge selected by the district judges of the district.121 Each
county has its own District Court, which includes a Magistrate Division.122 There are 42 district
judges throughout the state who hear felony criminal cases and civil actions involving more than
$10,000, as well as appeals of magistrate decisions. District judges are elected on a non-
partisan basis at the May election in even -numbered years for a term of four years by the
electors of the district.123 To serve as a district judge a person must be admitted to practice law,
at least 30 years of age, a resident of the state for at least two years preceding his/her election,
and a qualified elector of the judicial district.124
There are 87 magistrates throughout the state whose jurisdiction includes probate matters,
divorce proceedings, juvenile proceedings, criminal misdemeanors, infractions, civil cases
involving less than $10,000 and small claims cases.125 Every four years magistrates are elected
by the voters of the judicial district in retention elections held at the November election in even -
numbered years.126 Each judicial district has a Magistrate Commission comprised of county
commissioners, mayors, citizens, lawyers, a sitting magistrate (non -voting) and chaired by the
119 Idaho Constitution Article V, Section 2.
120 Idaho Code Title 1, Chapter 8.
121 Idaho Code 1-703; 1-907.
122 Idaho Code 1-701; 1-2201.
123 Idaho Constitution Article VI, Section 7; Idaho Code 1-702.
124 Idaho Constitution Article V, Section 23.
125 Idaho Code 1-2208.
126 Idaho Code 1-2207.
31
Administrative District Judge.127 The commission makes appointments to fill vacancies and
evaluates the performance of new magistrates.128 The qualifications to serve as a magistrate
include: being a qualified elector of the state, residing in the county in which the magistrate
serves, being at least 30 years of age, and admitted to practice law for at least five years.129
Idaho's appellate courts are the Court of Appeals and the Supreme Court. The Court of
Appeals consists of a chief judge and three judges, sitting in three -judge panels to hear
cases.130 Judges are elected statewide on a non -partisan basis for a term of six years at the
May election in even -numbered years.131 To be qualified to serve as a judge on the Idaho Court
of Appeals a person must be: a qualified elector, at least 30 years of age, a resident of Idaho for
at least two years preceding his/her election, and admitted to the practice of law for at least 10
years.132 Court vacancies are filled by appointment by the Governor from a list of two to four
candidates selected by the Idaho Judicial Council.
The Court of Appeals' jurisdiction includes civil and criminal cases assigned to it by the Idaho
Supreme Court.133 Cases invoking the Supreme Court's original jurisdiction, capital murder
convictions, and appeals from the Public Utilities Commission and Industrial Commission must
be heard by the Supreme Court.
The Idaho Supreme Court consists of the Chief Justice and four Associate Justices elected
statewide on a non -partisan basis for a term of six years at the May election in even -numbered
years.134 To be qualified to serve as a justice on the Idaho Supreme Court a person must be: a
qualified elector, at least 30 years of age, a resident of Idaho for at least two years preceding
127 Idaho Code 1-2203.
128 Idaho Code 1-2204; 1-2205.
129 Idaho Code 1-2206.
130 Idaho Code 1-2404.
131 Idaho Code 1-2404.
132 Idaho Code 1-2404.
113 Idaho Code 1-2406.
134 Idaho Constitution Article V, Section 6; Article VI, Section 7; Idaho Code 1-201.
32
his/her election, and admitted to the practice of law for at least 10 years.135 Court vacancies are
filled by appointment by the Governor from a list of two to four candidates selected by the Idaho
Judicial Council.136
The Chief Justice is selected by a majority of the justices to serve a four-year term, with
responsibility of presiding over Court activities.137 The Supreme Court's jurisdiction includes
appeals from District Court decisions, as well as orders of the Public Utilities Commission and
Industrial Commission.138 The Court may also review decisions of the Court of Appeals.'39 The
Idaho Supreme Court is one of the few "circuit riding" supreme courts in the country, holding
terms of court in Boise, Coeur d'Alene, Moscow, Lewiston, Pocatello, Rexburg, Idaho Falls,
Caldwell and Twin Falls. The Idaho Supreme Court has the final say in interpreting Idaho law
and constitutional provisions, setting precedent which provides direction for the lower courts to
follow.
Judicial Authority Vested in Idaho Courts
Article V, Section 2 of the Idaho Constitution provides:
The judicial power of the state shall be vested in ... a Supreme Court, district courts, and
such other courts inferior to the Supreme Court as established by the legislature. The courts
shall constitute a unified and integrated judicial system for administration and supervision by
the Supreme Court. The jurisdiction of such inferior courts shall be as prescribed by the
legislature...
135 Idaho Code 34-615.
136 Idaho Code 1-2102.
13' Idaho Constitution Article V, Section 6.
138 Idaho Constitution Article V, Section 9.
139 Idaho Code 1-2409;
33
Powers & Responsibilities of the Idaho Courts
Review of city laws, policies and activities for conformity with state and federal law and
constitutional provisions.
Adjudication of cases involving violation of city ordinances and sentencing upon conviction.
Adjudication of tort claims —civil actions for wrongdoing by a local government, elected
official, employee or volunteer —and determination of compensable damages.140
Appeals concerning rezones, conditional use permits, variances, subdivision preliminary
plats and other site -specific land use matters. 141
Enforcement of Idaho Open Meetings Law142 and Public Records Law.14s
Judicial confirmation of the validity of indebtedness or multi -year obligations.144
Determination of "just compensation" for private property owners in eminent domain
145
cases.
Issuing declaratory judgments, which are used to establish the rights of particular parties and
express the opinion of the court on questions of law.146
Issuing writs of mandamus, which are used to compel the performance of a ministerial duty
by a city official that the law recognizes as an absolute duty.147
140
Idaho Code Title 6, Chapter 9.
141
Idaho Code 67-6521.
142
Idaho Code 67-2347.
143
Idaho Code 9-343; 9-344; 9-345.
144
Idaho Code Title 7, Chapter 13.
141
Idaho Code Title 7, Chapter 7.
146
Idaho Code Title 10, Chapter 12.
147
Idaho Code Title 7, Chapter 3.
34
The Role of City Boards, Commissions & Committees
Committees play an important role in helping the mayor and council make informed policy
decisions. At the city level, most committees can be categorized as standing or special.
Standing Committees: Permanent boards, commissions or committees which meet
regularly. Standing committees focus on a particular segment of city government, such as
Administration, Finance, Public Works, Planning and Zoning, Library, Parks and Recreation,
etc. Committee members must be appointed by the mayor and confirmed by the council,
and may be removed in the same manner.148 The number and qualifications of members,
as well as the authority and responsibility of each committee must be defined by
ordinance.149 Every standing committee adopts its own bylaws outlining the date, time and
place of the committee's regular meetings, selection of the chair and vice chair, rules of
meeting procedure and other operational rules.
Special Committees: Temporary committees or task forces formed to examine and make
recommendations concerning specific problems or issues. Special committees may be
formed by the mayor, by the council, or by the mayor and council acting in concert.
Typically, these groups are charged with reporting the outcome of their deliberations by a
specific deadline.
Committees serve several useful purposes, including:
• Gathering information and diverse perspectives from citizens, business owners, interest
groups, etc.
141 Idaho Code 50-210.
149 Idaho Code 50-210.
35
Bringing together people with the most desirable combination of education and expertise
to work on issues.
Particularly for councilmembers, committees offer the ability to develop knowledge and
expertise on a specific aspect of city operations.
Constituent concerns can be placated by forming a special committee to study and make
recommendations concerning an issue.
Important considerations in ensuring effectiveness of city committees are outlined below.
• For special committees, it is particularly important to clearly define the committee's
jurisdiction and responsibilities, and provide committee members with a realistic view of
their role early in the process. Committee members often have a sense of ownership in
the group's recommendations, but the mayor and council are under no obligation to
implement the committee's recommendations.
Councilmembers should be cautioned to avoid falling into the habit of deferring their
judgment to other councilmembers serving on a particular standing committee. Every
councilmember's views should be heard and considered, even those who don't serve on
the germane committee.
• City boards, commissions, committees, and task forces are subject to the Idaho Open
Meeting Law requirements for meetings to be open to the public, preceded by posted
notice and agenda, with minutes available within a reasonable time after the meeting.
36
City Appointed Officers
Idaho Code 50-204, 50-205 and 50-206 establish the city clerk, treasurer and attorney as the
three appointed officers required for each city and the process of their appointment,
confirmation and removal.
50-204. APPOINTMENT OF OFFICERS —OATH —BOND. The mayor, except as otherwise
provided in sections 50-801 through 50-812, with the consent of the council shall appoint a
city clerk, a city treasurer, a city attorney and such other officers as may be deemed
necessary for the efficient operation of the city. The city clerk, city treasurer, and such other
officers as are designated by the council shall, before entering upon the duties thereof,
execute a bond to the city in such penal sum as the city council may by ordinance
determine, conditioned on the faithful performance of his duties. All official bonds shall be
approved by the city council and when so approved shall be filed with the city clerk, except
the bond of the city clerk, which shall be filed with the mayor.
50-205. REFUSAL TO CONFIRM APPOINTMENTS —VACANCIES. If the city council shall
refuse to confirm any nomination, the mayor shall then within ten (10) days thereafter,
nominate another person to fill the office and he may continue to nominate until his nominee
is confirmed. If the mayor fails to make another nomination for the same office within ten
(10) days after the rejection of a nominee, the city council shall appoint a suitable person to
fill the office during the term. The affirmative vote of one half (1/2) plus one (1) of the
members of the full council shall be required to confirm any nomination made by the mayor.
Whenever a vacancy shall occur in an appointive office, the vacancy for the unexpired term
shall be filled by appointment in the same manner as the original appointment.
37
50-206. REMOVAL OF APPOINTIVE OFFICERS. Any appointive officer, unless appointed
under sections 50-801 through 50-812, may be removed by the mayor for any cause by him
deemed sufficient; but such removal shall be by and with the affirmative vote of one half
(1/2) plus one (1) of the members of the full council; provided, that the city council, by the
unanimous vote of all its members, may upon their own initiative remove any appointive
officer.
The appointed officers are the indispensable professionals charged with fulfilling various
administrative, fiscal and legal responsibilities provided by Idaho law. Each city is required to
appoint a clerk, treasurer and attorney, but cities may designate additional appointed officers
(these commonly include: City Administrator, Fire Chief, Parks & Recreation Director, Police
Chief, Public Works Director, etc.).
The process of selecting an appointed officer begins with the mayor's appointment, which
should be submitted at a council meeting and reflected in the minutes. At any point after the
appointment is submitted for council consideration the council may decide to confirm or reject
the appointee by motion. The mayor's appointee must be approved by majority vote of the full
council —the mayor cannot break a tie vote of the council on confirmation of an appointed
officer. If the council votes to confirm the appointee, then the person must swear to and sign
the oath of office in the same manner as the elected officials. If the council votes to reject a
mayoral appointment, then the mayor has 10 days to submit another appointee for council
consideration; if the mayor fails to act within 10 days the appointment falls to the council.
Removal of an appointed officer may be initiated by the mayor with approval of a majority of the
full council, or the council (without the mayor's consent) may remove an appointed officer by
unanimous vote of the full council.
It is important to note that the statutory provisions relating to the appointment, confirmation and
removal of appointed officers supersede provisions of the city's personnel policy and that
appointed officers serve at -will subject to removal as provided by Idaho Code 50-206 without
prior notice or hearing. 150
Responsibilities of the City Clerk
The city clerk has a variety of responsibilities, some set by statute and others by local policy or
practice. The scope of duties for city clerks varies widely from city to city, but the most
significant elements are described below.
Responsibilities of the City Clerk
Supervision of elections, candidate filing, and campaign financial disclosure reporting (only
for cities over 5,000 population).'S1
Custodian of city ordinances, resolutions, minutes and other records.152
Fulfilling requests for examination or copying of public records as provided by law.lss
Issuing licenses for businesses and occupations as provided by local ordinance.15a
.so In Boudreau v. City of Wendell (2009) the Idaho Supreme Court held that the city clerk is subject to removal
from office without prior notice or hearing, even though such requirements may be imposed by a city's personnel
policy. "The statutory scheme for appointing and removing an appointive officer is clear and unambiguous that
appointive officers are at -will and subject to removal without cause." "...[I]n Idaho local governments cannot
override statutes enacted by the legislature. Thus, once the legislature determined that a municipal appointive
officer is at -will and provided for the removal of such an officer without notice or a hearing, the municipality could
not alter that status by adopting a Personnel Manual." See also Bunt v. City of Garden City, 118 Idaho 427, 797
P.2d 135 (1990).
151 Idaho Code Title 50, Chapter 4; Title 67, Chapter 66. PLEASE NOTE: Beginning January 1, 2011,
responsibility for overseeing city elections will be transferred to county clerks as a result of the implementation of
House Bill 372 passed by the 2009 Idaho Legislature. City clerks will remain responsible for handling candidate
filing, and campaign finance disclosure reporting (only for cities over 5,000 population).
112 Idaho Code 50-207; 50-908.
151 Idaho Code 9-337(3); 9-338.
154 Idaho Code 50-307.
39
Issuing animal licenses.155
Issuing licenses for sale of package beer,156 package wine,157 beer by the drink,'58 wine by the
drink159 and liquor by the drink.""
Publication of legal notices.161
Receipt, approval as to form, certification of petition signatures and oversight of elections
resulting from citizen petitions for recall,162 initiative and referendum,'63 sale of liquor by the
drink,164 adoption or discontinuation of the council-manager form of government,165
organization under general laws of the state,166 consolidation of cities"67 and
di s inc orp oration.168
Receipt of petitions for creation of local improvement districts,169 formation of community
infrastructure districts,170 and creation of housing authorities.171
Filing the annual city street finance report with the State Controller's office by December 31
of each year. The report lists revenues and expenditures from the past fiscal year used for
construction and maintenance of streets and bridges. The report is also published once as a
legal notice between January 1 and 15.172
155 Idaho Code 50-319.
156 Idaho Code 23-1016.
157 Idaho Code 23-1315; 23-1318.
158 Idaho Code 23-1016.
159 Idaho Code 23-1315; 23-1318.
160 Idaho Code 23-904; 23-916.
161 For more information on the various Idaho Code provisions requiring publication of legal notices see the AIC
Public Notification Manual.
162 Idaho Code Title 34, Chapter 17.
163 Idaho Code 50-501.
164 Idaho Code 23-917; 23-918; 23-919; 23-920.
165 Idaho Code Title 50, Chapter 8.
166 Idaho Code Title 50, Chapter 23.
167 Idaho Code Title 50, Chapter 21.
168 Idaho Code Title 50, Chapter 22.
169 Idaho Code 50-1706.
170 Idaho Code 50-3103.
171 Idaho Code 50-1905.
172 Idaho Code 40-708.
.O
Filing certified copy of appropriation ordinance with the Idaho Secretary of State's office.173
Filing certified copies of annexation ordinances with county auditor, county treasurer, county
assessor, and Idaho Tax Commission within 10 days after effective date of the ordinance.174
The city clerk must also submit the legal description of the annexed area and a map prepared
"in a draftsmanlike manner which shall plainly and clearly designate the boundaries of
such... municipality... as altered," to be recorded with the county recorder and filed with the
county assessor ... and with the state tax commission within thirty (30) days" after the
effective date of the annexation, but no later than January 10 of the following year.175
Certification of delinquent special assessments to the county.176
Sale of lots in city cemeteries."'
Administering the oath of office to elected and appointed officials, election workers, etc.171
Serving as an at -large registrar for voter registration.179
Receipt of petitions for vacation of plats.180
Serving as the primary point of contact for citizen and media inquiries.
Providing staff support for the mayor and council, including preparing meeting packets with
information relating to each agenda item.
Ensuring accurate minutes are taken at city council meetings.
Preparing meeting notices and agendas and posting these at city hall."'
Other duties prescribed by local policy.
17'
Idaho Code 50-1003.
174
Idaho Code 50-223.
175
Idaho Code 50-223; 63-215.
176
Idaho Code 50-1008.
117
Idaho Code 50-320.
178
Idaho Code 50-207.
171
Idaho Code 34-1402.
180
Idaho Code 50-1306A.
1s1
Idaho Code 67-2343.
41
Responsibilities of the City Treasurer
The city treasurer's responsibilities are set by statute and local policy or practice. As with the
other appointed officers, the scope of duties for treasurers varies from city to city. The most
important elements are outlined below.
Responsibilities of City Treasurer
Custodian of city revenues, which must be kept at the official place(s) of deposit as provided
by ordinance.182
Investment of city funds upon resolution of the council."'
Investment of sinking funds in excess of the amount required to pay bonds maturing within
the current year.184
Keeping a separate account of each fund or appropriation showing the debits and credits
belonging to each."'
Signing or authorizing checks, along with the mayor, issued by the city to pay for goods or
services.l86
Monthly report to the city council on the city's financial situation, including a statement of
all receipts and disbursements, and all warrants redeemed.187
182 Idaho Code 50-208; 50-1013.
...Idaho Code 50-1013.
184 Idaho Code 57-601.
185 Idaho Code 50-208
186Idaho Code 50-1018.
187 Idaho Code 50-208.
42
Publication of quarterly financial statements listing revenues and expenditures for the fiscal
year-to-date for each fund or department, as well as expenditures for the fiscal year-to-date as
a percentage of the spending authority set in the appropriations ordinance.188 The statement
must break out expenditures into specific amounts for: capital outlay, personnel expenses and
operating and administrative expenditures. The statement must invite citizens to inspect the
detailed supporting records of the financial statements. The statement must be published
once each quarter as a legal notice within 30 days of the end of the quarter (the final quarter
of the fiscal year may be published within 30 days after completion of the annual audit).
Failure to publish the quarterly statement is a misdemeanor.
Coordinating the city's financial audit.
Keeping a record of all outstanding bonds, showing the number and amount of each and to
whom the bonds were issued; bonds purchased, paid or canceled; and registering the
principal amount of bonds at the request of any bondholder.189 In an annual report, the
treasurer summarizes the bonds issued and sold during the year, the terms of sale, and every
item of expense relating to the bonds.
Filing a list of all bonds issued with the county recorder's office within 30 days after sale or
delivery.190 The list must include: the amount of bonds issued, the purpose for the bond
issue, the dates of issuance, the rate of interest, the length of time the bonds are to exist, the
serial numbers of the bonds, and a statement of the amount of bonded indebtedness
outstanding. When bonds are redeemed or paid, the treasurer must file a statement with the
county recorder's office showing the amount of bonds paid or redeemed and which bonds
were paid or redeemed.
Signing bonds."'
Supervising billing and administration of municipal irrigation systems.192
188 Idaho Code 50-1011.
'89 Idaho Code 50-208; 57-401.
'90 Idaho Code 57-301.
'91 Idaho Code 57-205.
192 Idaho Code Title 50, Chapter 18.
43
Supervising billing and administration of local improvement districts.1
Collecting special assessments.194
Whenever a warrant of the city is not paid for want of funds, the treasurer must endorse
thereon "Not paid for want of funds," with the date of presentation and the rate of interest the
warrant will draw, and sign their name.'ss
When refunding bonds are sold, the treasurer must deposit the money in a special fund solely
for the purpose of payment and retirement of the outstanding bond issue. Any balance
remaining after the bonds are paid off may be transferred to the bond interest and sinking
fund of the city.196
Responsibilities of the City Attorney
The city attorney provides advice to city officials on interpreting laws and policies, represents
the city in court and is often responsible for drafting ordinances, resolutions and policies. The
statutory responsibilities of the city attorney are listed below.
Responsibilities of City Attorney
Legal advisor to the municipal corporation.197
May represent the city in judicial proceedings.198
Interpreting provisions of federal, state and local laws and policies.
193 Idaho Code Title 50, Chapter 17.
194 Idaho Code 50-1008.
"" Idaho Code 31-2125.
196 Idaho Code 57-502.
197 Idaho Code 50-208A.
198 Idaho Code 50-208A.
Often responsible for drafting or reviewing ordinances, resolutions, policies and legal
notices.
Approving summaries of adopted ordinances for publication as legal notices in the official
city newspaper.' 99
Other duties prescribed by ordinance or resolution.""
City may employ additional counsel as necessary.20'
Prosecuting violations of city ordinances, state traffic infractions, and state misdemeanors
committed within city limits —may be done by contract counsel or by contract with the
county prosecutor.202
Signing off on city records proposed for destruction.203
"' Idaho Code 50-901A.
201
Idaho Code 50-208A.
201 Idaho Code 50-208A.
202 Idaho Code 50-208A.
203 Idaho Code 50-907.
M
ti K, IAr/()
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�yo
The Nature and Powers of City Government
November 2009
Association of Idaho Cities
3100 S. Vista Ave. Ste. 310
Boise, ID 83705
Tel. (208) 344-8594 or (800) 344-8594
Fax (208) 344-8677
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TABLE OF CONTENTS
Introduction................................................................................................................1
Governmental versus Proprietary Powers..................................................................I
Constitutional Grant of Municipal Police Power.......................................................2
Police Powers and the Doctrine of Separate Sovereignty..........................................3
Police Powers and Preemption by State Law............................................................3
Regulator Fees Established Pursuant to Police Power...............................................5
Municipal Powers Established by State Law.............................................................7
2
THE NATURE AND POWERS OF CITY GOVERNMENT
INTRODUCTION
Idaho's 200 cities display a wealth of diversity that mirrors the social, economic and political
diversity of our state. However, despite differences in population and services provided, Idaho
cities have much in common. All look to the Idaho Constitution and state laws governing the
creation, form, powers and limitations of city governments. Similarly, all municipal
corporations, regardless of population size, operate under the same laws and are referred to as
"cities." Thus, Bovill and Boise have much more in common than one might initially expect.
GOVERNMENTAL VERSUS PROPRIETARY POWERS
An early decision by the Idaho Supreme Court noted that the purpose of municipal government
is for "the protection of the lives and property of people in densely populated districts."' In
fulfilling this purpose, cities exercise two distinctly different types of powers: "governmental"
powers and "proprietary" powers.
Governmental Powers: These are the quintessentially governmental powers
exercised by cities, of which the most prominent is the "police power" which
vests cities with regulatory authority derived from Article XII, Section 2 of the
Idaho Constitution. Other governmental powers include the powers of taxation,
eminent domain and annexation and are derived from state laws enacted by the
Idaho Legislature.
Proprietary Powers: Cities are empowered to provide certain business -type
services "for the specific benefit and advantage of the urban community embraced
within the corporate boundaries ,"z such as water and sewer service, solid waste
collection, street maintenance, parks, airports, etc. Cities derive their proprietary
powers from state laws enacted by the Idaho Legislature.
The possession of governmental and proprietary powers, and the fact that municipal corporations
are formed upon the consent of their inhabitants are two key elements in distinguishing cities
from other types of local governments, namely counties and special purpose districts. Counties
are created by the state and primarily exercise governmental powers in administering state -
mandated functions (such as law enforcement, the court system, property tax system, etc.) at the
local level.3 Special purpose districts (such as highway districts, water/sewer districts, drainage
districts, etc.) are formed pursuant to state enabling legislation with the consent of residents
within the proposed district. These jurisdictions typically provide only a single service and
1 State Ex Rel. J. T. Holcomb v. Inhabitants of Town of Pocatello. 3 Idaho 174, 28 P. 411 (1891).
2 McQuillen, Eugene. The Law of Municipal Corporations. Vol. 2A. P Ed. New York: Clark, Boardman
Callaghan, 1996, p. 305.
s McQuillen, Vol. 1, p. 219.
exercise only proprietary powers (with the exception of countywide highway districts, which
have limited ordinance authority5).
CONSTITUTIONAL GRANT OF MUNICIPAL POLICE POWER
Idaho cities derive their regulatory powers from Article XII, Section 2 of the Idaho Constitution,
which provides:
Any county or incorporated city or town may make and enforce, within its limits,
all such local police, sanitary and other regulations as are not in conflict with its
charter or with the general laws.6
For those unfamiliar with the term "police power" it is important to note that the term does not
refer to police officers per se, but rather the inherent power of state governments (often delegated
in part to local governments) to impose upon private rights those restrictions that are reasonably
related to promotion and maintenance of the public health, safety, morals and welfare. A leading
authority on local government law in Idaho provides a more detailed explanation of police power
in the following excerpt:
The police power is the most comprehensive and least limitable of governmental
powers. It may be defined generally as the power to make laws and regulations,
within the bounds of constitutional restrictions, to govern, restrict, and regulate
the conduct of individuals and businesses for the promotion and protection of the
public health, safety, morals, and welfare. The police power inheres in the state,
without the necessity of constitutional grant or reservation. A portion of the
police power has been vested in cities and counties in Idaho. The exercise of
local government police powers on a wide variety of subjects has been considered
and approved by the Idaho Supreme Court.7
In Rowe et al. v. City of Pocatello, 8 the Idaho Supreme Court examined the nature and extent of
police power granted by Article XII, Section 2. Writing for the Court, Justice Taylor noted:
[Art. XII, Sec. 2] is a direct grant of police power from the people to the
municipalities of the state, subject only to the limitation that such regulations shall
4 The Idaho Supreme Court's decision in Strickfaden v. Greencreek Highway District (42 Idaho 738, 248 P. 456
(1926)) contains a similar discussion of the differences between counties, cities and highway districts.
s Idaho Code 40-1406.
G Article XII, Section 2 of the Idaho Constitution mirrors similar provisions in the California and Washington
Constitutions. Article XI, Section 7 of the California Constitution provides, "A county or city may make and
enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general
laws." Article XI, Section 11 of the Washington Constitution reads, "Any county, city, town or township may make
and enforce within its limits all such local police, sanitary and other regulations as are not in conflict with general
laws."
7 Moore, Michael. "The Idaho Constitution and Local Governments —Selected Topics." 31 Idaho Law Review 417
(1995).
a 70 Idaho 343, 218 P.2d 695 (1950).
not conflict with the general laws. Comprehended in the term, "general laws," are
other provisions of the [Idaho] constitution, acts of the state legislature, and, of
course, the constitution and laws of the United States. Under this constitutional
provision, the cities of this state are in a notably different position than are cities
in jurisdictions where their police power is strictly limited to that found in charter
or legislative grant...
The Court went on to explain the role of the judiciary in scrutinizing the exercise of
municipal police power, noting it is not the courts' role to interfere with the city council's
discretion or second-guess the motives or wisdom of the city council in enacting
ordinances pursuant to the police power:
However, it is incumbent upon the judicial department to examine the ordinance
and to determine whether or not the [city council has] overreached their
prerogative and impinged the fundamental law. If the [ordinance] is found to be
unreasonable, capricious, arbitrary, or discriminatory, it will be held void, as an
attempt to deny rights guaranteed by the constitutions, both state and national. But
if the [ordinance] is not clearly unreasonable, capricious, arbitrary or
discriminatory, it will be upheld, as a proper exercise of the police power.
POLICE POWERS AND THE DOCTRINE OF SEPARATE SOVEREIGNTY
Article XII, Section 2 of the Idaho Constitution provides that cities and counties may make and
enforce police regulations within their respective limits. Since cities are located within counties,
it is appropriate to ask what, if any, police power do counties enjoy within the limits of
incorporated municipalities? The Idaho Supreme Court answered with a doctrine (sometimes
referred to as the "doctrine of separate sovereignty"), which provides that county ordinances
apply only to the unincorporated territory within the county, and that cities have sole power to
enact police power ordinances within their corporate limits. In State v. Robbins,9 the Idaho
Supreme Court cited with approval an earlier California ruling which held:
The county, in brief, has no legal right to legislate for a municipality located
within its limits upon any subject which is within the scope of powers granted to
the municipality and particularly upon any matters involving the police power...
POLICE POWERS AND PREEMPTION BY STATE LAW
Another qualification of the police power conferred upon cities by Article XII, Section 2 is that
city ordinances must not conflict with the general laws. An early case involves an 1895 Boise
ordinance licensing, and thereby legalizing, certain gaming activities pursuant to a provision in
its city charter authorizing the city to regulate and license gaming and gambling houses. The
s 59 Idaho 279, 81 P.2d 1078 (1938).
Idaho Supreme Court held that the city's regulation was in conflict with an 1897 statewide
gaming ban passed by the Idaho Legislature, and thus the ordinance was held invalid.10 Since
that time, the Idaho Supreme Court has invalidated many ordinances as conflicting with the
general laws. However, the court has also held that the existence of a state law on the same
subject as a local ordinance does not automatically create a conflict resulting in invalidation of
the ordinance —"The mere fact that the state has legislated on a subject does not necessarily
deprive a city of the power to deal with the subject by ordinance."'
Obviously, municipal ordinances are determined to be in conflict with the general laws when
state or federal law expressly prohibits (or "preempts") municipal regulation in a given area.
Preemption of local authority typically occurs because of the desire for certain activities to be
regulated at the state or federal level, often due to the need for consistency in regulation or
because the state or federal government is better equipped to implement and enforce regulations.
Below are listed a number of areas where the state has expressly preempted municipal
regulation:
➢ Registration, Licensing, Permitting or Taxation of Automobiles.12
➢ Sale, Acquisition, Transfer, Ownership, Possession, Transportation,
Carrying or Storage of Firearms or Ammunition.13
➢ Declaration of Agricultural Practices as Nuisances or Enactment of
Zoning Regulations Forcing the Closure of Agricultural Operations.14
➢ Registration, Packaging, Labeling, Sale, Storage, Distribution, Use &
Application of Fertilizers and Plant & Soil Amendments.15
➢ Registration, Labeling, Sale, Storage, Transportation, Distribution,
Notification of Use, Use of, and Planting of, Seeds.16
➢ Certification, Registration or Fees for Heating, Ventilation and Air
Conditioning Contractors, Specialty Contractors, Journeymen, Specialty
Journeymen, Apprentices or Specialty Apprentices.17
➢ Codes or Inspection of Elevators, Escalators, etc.'8
➢ Regulation of Obscene Material or Conduct.19
Ordinances may also be invalidated under the doctrine of"implied preemption," which was
defined by the Idaho Supreme Court in Caesar v. State.20
10 /n Re Ridenbaugh, 5 Idaho 371, 49 P. 12 (1897),
State v. Poynter, 70 Idaho 438, 220 P.2d 386 (1950).
fz Idaho Code 49-207.
13 Idaho Code 18-3302J. Note, the statute does allow cities to prohibit discharge of firearms within city limits, with
the following exceptions: discharge of firearms in defense of persons or property, and discharge of firearms at sport
shooting ranges.
141daho Code 22-4504.
is Idaho Code 22-626; 22-2226. Note that the preemptions allow municipal zoning regulations and regulations to
protect water quality in accordance with applicable state and federal law.
16
Idaho Code 22-413. Note the preemption allows municipal zoning regulations.
17 Idaho Code 54-5015.
18 Idaho Code 39-8604.
19 Idaho Code 18-4113.
20 101 Idaho 158, 610 P.2d 517 (1980).
4
Where it can be inferred from a state statute that the state has intended to fully
occupy or preempt a particular area, to the exclusion of municipalities, a
municipal ordinance in that area will be held to be in conflict with the state law,
even if the state law does not so specifically state (emphasis added).
The Idaho Supreme Court further defined the doctrine of implied preemption in Envirosafe
Services of Idaho, Inc. v. Owyhee County. 21
The doctrine of implied preemption typically applies in instances where, despite
the lack of specific language preempting regulation by local governmental
entities, the state has acted in the area in such a pervasive manner that it must
be assumed that it intended to occupy the entire field of regulation (emphasis
added).
In striking down an Owyhee County ordinance regulating hazardous waste disposal that largely
mirrored the Idaho Hazardous Waste Management Act of 1983, the Court held that the doctrine
of implied preemption also applies "where uniform statewide regulation is called for due to the
particular nature of the subject matter to be regulated." Despite the lack of any express language
in the statute preempting local authority, the Court noted that the Act was a "comprehensive
statutory scheme of the kind which implicitly evidences legislative intent to preempt the field."
[The various sections of the act] evince a strong legislative intent that regulation
of the field of hazardous waste disposal be regulated by means of one, uniform
statewide scheme enabling this state to enter into meaningful interstate
agreements. Taken alone, this clear legislative intent is more than sufficient to
preempt the field and preclude local governmental regulation of the subject
matter.
The Court further noted that the fact the ordinance largely duplicated state law "leads to
the inescapable conclusion that the area has already been fully regulated and the fields
sought to be covered by the ordinance [are] already occupied..."
In recent decades, the Idaho Supreme Court has moved away from established precedent
providing that there is room for both local government and state police power regulation in most
areas unless the topic has been expressly declared off-limits by the Legislature. Thus, the
implied preemption doctrine constitutes a potentially serious erosion of municipal police power,
particularly as the Idaho Legislature is faced with increasingly complex issues that necessitate
comprehensive regulatory schemes.
REGULATORY FEES ESTABLISHED PURSUANT TO POLICE POWER
It is important to note that police powers do not allow cities to establish taxes, as this power is
reserved to the Idaho Legislature. However, cities may impose fees to pay for the cost of
21 112 Idaho 687, 735 P.2d 998 (1987).
administration and enforcement of regulations enacted pursuant to municipal police power (e.g.
building permit fees, parking meter fees, dog licenses, etc.).
In State v. Nelson,22 the Idaho Supreme Court held that lawful regulatory fees may be
distinguished from illegal taxes (those enacted without legislative authorization) under a two-part
test. First, the fee must be part of regulations adopted pursuant to municipal police power, and
not merely a revenue raising measure. Second, the amount of the fee must bear some reasonable
relationship to the cost of administering and enforcing the regulation.
The Court further defined its analysis of regulatory fees in the 1941 case, Fosters, Inc.
City. 23 v. Boise
In examining the validity of a Boise parking meter ordinance, the Court found that the
meter fees were a proper exercise of municipal police power to regulate traffic and parking, and
that the fees were reasonably related to the cost of the regulation. The Court further held that the
mere fact that fee revenue exceeds the actual cost of administering and enforcing the regulation
is not sufficient to declare the fee invalid —in order for a court to invalidate a fee as an illegal
tax, the spread between the actual costs of the regulation and the fees collected must be so great
as to evidence on its face that the "fee" is a revenue -raising measure, rather than a regulatory
measure.
In more recent rulings, the Idaho Supreme Court has held fast to the requirement that fees be tied
to police power regulations, and has shown no inclination to allow taxes to appear under the
guise of regulatory fees. In Brewster v. City of Pocatello,24 the Court struck down a Pocatello
ordinance imposing a street restoration and maintenance fee upon all property owners according
to a formula reflecting the amount of traffic generated by the particular property. Writing for the
court, Chief Justice Shepard noted:
In the instant case it is clear that the revenue to be collected from Pocatello's
street fee has no necessary relationship to the regulation of travel over its streets,
but rather is to generate funds for the non -regulatory function of repairing and
maintaining streets. The maintenance and repair of streets is a non -regulatory
function as the terms apply to the facts of the instant case. We view the essence of
the charge at issue here as imposed on occupants or owners of property for the
privilege of having a public street abut their property. In that respect it is not
dissimilar from a tax imposed for the privilege of owning property within the
municipal limits of Pocatello. The privilege of having the usage of city streets
which abuts one's property, is in no respect different from the privilege shared by
the general public in the usage of public streets.
In Idaho Building Contractors Assn. v. City of Coeur d'Alene,25 the Idaho Supreme Court struck
down a 1993 Coeur d'Alene development impact fee ordinance as an illegal tax. The city argued
the fees, levied on new construction to pay for infrastructure necessary to serve new
zz 36 Idaho 713, 213 P. 358 (1923).
Z' 63 Idaho 201, 118 P.2d 721 (1941).
24 115 Idaho 502, 768 P.2d 765 (1988),
21 126 Idaho 740, 890 P.2d 326 (1995).
development, were a proper exercise of police power.26 Writing for the Court, Justice Trout
explained that the ordinance only required the city to use the impact fee revenue for "capital
improvements," with no requirement that the fees pay for improvements necessitated by new
development. "This is antithetical to this Court's definition of a fee. `[A] fee is a charge for a
direct public service rendered to the particular consumer, while a tax is a forced contribution
by the public at large to meet public needs (emphasis added)."'
In summarizing existing case law on regulatory fees, Michael Moore, a noted expert on Idaho
local government law, has drawn three conclusions:
1. If the fee in question is imposed as a regulatory measure pursuant to the
Constitutional police powers, no express statutory authorization for the fee is
required, and it will be upheld so long as the fee is incidental to a valid
regulatory purpose, bears a reasonable relationship to the cost of enforcing the
regulation against the particular individual being assessed the fee, and the
spread between the actual cost of administration and the amount of fees
collected is not so great as to evidence on its face a revenue rather than a
regulatory measure.
2. If the fee purports to be a regulatory measure but is actually an assessment to
provide benefits or facilities for the general public, it will be viewed as an
illegal tax, unless the assessment is enacted pursuant to a legislative grant of
authority. If the fee significantly exceeds the actual cost to the municipality of
administering the particular regulation, as applied to the particular applicant,
there is a much greater likelihood that the charge will be held to be a tax.
3. Fees for proprietary services (e.g. water and sewer), not being directly
authorized by the constitutional grant of police powers, must be authorized,
expressly or impliedly, by legislative act, must conform to the statutory
requirements, and must be reasonable but do not appear to be subject to the
same degree of judicial scrutiny as is a fee which purports to be imposed as a
police power regulatory fee.27
MUNICIPAL POWERS ESTABLISHED BY STATE LAW
Although cities derive their police powers from the Idaho Constitution, their other governmental
and proprietary powers are established by state laws enacted by the Idaho Legislature. For
example, the essential corporate powers of municipalities are defined in Idaho Code 50-301:
26 The city lacked statutory authorization to implement impact fees because the Idaho Development Impact Fee Act
of 1992 restricted impact fees to a trial run in Ada County by limiting their adoption to local governments within a
county of greater than 200,000 population. The population threshold was subsequently lifted in 1996 and cities of
any size are now free to adopt impact fees pursuant to the provisions of Idaho Code Title 67, Chapter 82.
2' Moore, Michael. "The Idaho Constitution and Local Governments —Selected Topics." 31 Idaho Law Review 417
(1995).
7
50-301. CORPORATE & LOCAL SELF-GOVERNMENT POWERS.
Cities governed by this act shall be bodies corporate and politic; may sue and be
sued; contract and be contracted with; accept grants-in-aid and gifts of property, both
real and personal, in the name of the city; acquire, hold, lease, and convey property,
real and personal; have a common seal, which they may change and alter at pleasure;
may erect buildings or structures of any kind, needful for the uses or purposes of the
city; and exercise all powers and perform all functions of local self-government in
city affairs as are not specifically prohibited by or in conflict with the general laws
or the constitution of the state of Idaho.
The basic powers of making and enforcing municipal ordinances are defined by Idaho Code 50-
302 and 50-302A:
50-302. PROMOTION OF GENERAL WELFARE —PRESCRIBING
PENALTIES.
(1) Cities shall make all such ordinances, bylaws, rules, regulations and
resolutions not inconsistent with the laws of the state of Idaho as may be
expedient, in addition to the special powers in this act granted, to maintain the
peace, good government and welfare of the corporation and its trade, commerce
and industry. Cities may enforce all ordinances by fine, including an infraction
penalty, or incarceration; provided, however, except as provided in subsection (2)
of this section, that the maximum punishment of any offense shall be by fine of
not more than one thousand dollars ($1,000) or by imprisonment not to exceed six
(6) months, or by both such fine and imprisonment.
(2) Any city which is participating in a federally mandated program, wherein
penalties or enforcement remedies are required by the terms of participation in the
program, may enforce such requirements by ordinance, to include a criminal or
civil monetary penalty not to exceed one thousand dollars ($1,000), or
imprisonment for criminal offenses not to exceed six (6) months, or to include
both a fine and imprisonment for criminal offenses.
50-302A. CONFINEMENT IN CITY OR COUNTY JAIL FOR VIOLATING
ORDINANCE.
Any person charged with or convicted of violation of a city ordinance and subject to
imprisonment shall be confined in the city jail; provided, however, that any city shall
have the right to use the jail of the county for the confinement of such persons but it
shall be liable to the county for the cost of keeping such prisoners.
Idaho law provides for numerous other powers of cities, including:
✓ Annexing contiguous or adjacent unincorporated territory into the city.28
✓ Levying property taxes for general and special purposes. 29
✓ Borrowing money.30
✓ Condemning private property for public use, upon payment of just compensation
(eminent domain).31
✓ Adopting an urban renewal plan, including tax increment financing of improvements
to urban renewal areas.32
✓ Enacting a comprehensive plan to guide the future growth and development of the
city, and regulating land use through zoning and subdivision ordinances.33
✓ Negotiating an area of city impact with the board of county commissioners defining
urbanizing areas suitable for future annexation into the city, specifying land use
ordinances applicable in the area of city impact and an area of city impact map.34
✓ Licensing businesses and occupations, collecting license fees and regulating
occupations and businesses by ordinance. 35
✓ Controlling traffic on streets; regulating encroachments upon sidewalks, streets and
alleys; and removing obstructions from sidewalks, curbs, gutters and crosswalks.36
✓ Requiring sidewalks and alleys to be cleared of snow, ice and rubbish; and the cutting
and removal of trees, weeds, grass, and rubbish on private property and adjacent curbs;
and assessing the costs against property owners. 37
✓ Providing by ordinance for the naming of streets and avenues and the numbering of
houses adjacent thereto.38
✓ Regulating domesticated animals running at large, including licenses and fees, and
impoundment and care of animals running at large.39
28 Idaho Code 50-222.
29 Idaho Code 50-235.
30 Idaho Code 50-237.
31 Idaho Code Title 7, Chapter 7; 50-311; 50-320; 50-1030; 50-1801; 50-1808; 50-2002; 50-2007; 50-2010,
32 Idaho Code Title 50, Chapters 20 & 29.
33 Idaho Code Title 67, Chapter 65.
34 Idaho Code 67-6526.
" Idaho Code 50-307.
36 Idaho Code 50-314.
3' Idaho Code 50-317.
38 Idaho Code 50-318.
39 Idaho Code 50-319.
✓ Regulating, permitting and authorizing the construction, maintenance and removal of
utility systems in public rights -of -way 40
✓ Preventing, removing and abating nuisances and removing dilapidated buildings or
structures and levying assessments to defray the cost for the city to abate the nuisance or
destroy or remove the building or structure.41
✓ Proprietary powers, including acquisition, operation and maintenance of:
• Cultural and recreational facilities & programs.42
• Hospitals, other health care facilities & equipment. 43
• Cemeteries.44
• Fire departments. 45
• Airports & hangars. 46
• Public transit systems. 47
• Solid waste collection systems.48
• Domestic water systems. 49
• Electric power facilities. so
• Sewer systems. 51
• Streets, bridges, crosswalks, culverts, drainage systems, sidewalks, curb &
gutter.52
In addition to those powers specifically defined by statute, cities have the "implied power" to do
those things necessary, convenient or appropriate to carry out the authority expressly granted.
Conclusion
Idaho cities are fortunate to operate under a broad constitutional grant of police power, with the
freedom to exercise regulatory authority so long as the regulation does not run afoul of state or
federal law or constitutional provisions. This puts Idaho cities in a notably more advantageous
position than cities in other states where municipal powers are strictly limited to those granted by
the state legislature. Idaho cities still rely on the Legislature to define municipal powers of taxation,
annexation, eminent domain, and many other areas. For this reason, it is critical for city officials to
closely monitor legislative issues and play an active role in the AIC Legislative Committee, which
A0 Idaho Code 50-328.
41 Idaho Code 50-334 and 50-335.
42 Idaho Code 50-303.
43 Idaho Code 50-305.
44 Idaho Code 50-320.
45 Idaho Code 50-304.
46 Idaho Code 50-321.
47 Idaho Code 50-322.
48 Idaho Code 50-344.
49 Idaho Code 50-323.
511 Idaho Code 50-325.
51 Idaho Code 50-315.
52 Idaho Code 50-311.
11U
serves to articulate the legislative interests of Idaho city officials. The discretionary authority cities
will possess in the future depends on the hard work and perseverance of today's city officials.
11
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C I T Y OF
REXBURG
.America's Family Community
EMPLOYEE HANDBOOK
As employees
of the City of Rexburg
our goal is to improve
the community.
We serve the citizens
by striving to understand their
needs
and
by responding with
quality work.
If you need any assistance reading or understanding this
handbook, please contact your supervisor or the office of
the City Clerk. Arrangements can be made to assist you.
This handbook and its contents supersede any representations made prior to its issuance,
whether such were verbal or written, implied or expressed, or otherwise stated/given, even if such prior
representations covered areas not addressed in this handbook. Where any state or federal law or other
City ordinances may pre-empt any policy or procedure with respect to enforcement or by virtue of legal
authority, such law or ordinance shall prevail.
The exemption or nullification of any policy by preemptive legal statute or authority shall not
affect the authority of any other policy or portion of this handbook. The only exceptions to these policies
are those made in writing as authorized and approved by the Mayor and City Council.
This handbook and its contents are not the only source of information, direction or guidance with
respect to the City of Rexburg's policies, procedures, or practices. Standing operating procedures exist
within each City department which further serve to direct and control each department and their
respective work force to maintain operational requirements and support the City's public mission.
Note: If necessary, a
available in enlarged
unable to adequately
document.
copy of this handbook is
print for employees who are
read it in the print size of this
TABLE OF CONTENTS
NO. POLICY TITLE
000 INTRODUCTION
20 Welcome
25 Madison Fire Department Employees Addendum
26 City/County Jointly Owned Properties and Projects
30 Statement of Mission & Philosophy
40 Introductory Statement
100 HIRING & PLACEMENT
101 Nature of Employment
102 Employee Relations
103 Equal Employment Opportunity
104 Placement Authority
105 Employment Applications
106 Pre -employment Screening
107 Hiring or Supervision of Relatives
108 Immigration Law Compliance
109 Residency Requirement
200 RECORDS & STATUS
201 Access to Personnel Files
202 HIPAA Privacy Notice
203 Personnel Data Changes
204 Employment Categories
205 Introductory Period
206 Performance Evaluation
207 Wage Reviews and Adjustments
208 Transferred Employees
209 Promoted Employees
210 Employment Termination
300 BENEFIT PROGRAMS
301 Benefit Eligibility
302 Insurance - Life, Medical, Dental
303 Insurance Cost Reimbursement
304 Workers' Compensation Insurance
305 Retirement Plans & Deferred Compensation Plan
306 Cafeteria Plan
307 Benefits Continuation
308 Deferred Compensation (401-k) Loan Program
309 Recreation & Wellness Benefits
NO. POLICY TITLE
--- -----------------------------------------
--------------------------------------------
400 LEAVES OF ABSENCE
401 Vacation
402 Holidays
403 Sick Leave
404 Sick Leave Bank
405 Sharing of Vacation and Sick Leave
406 Family and Medical Leave
407 Bereavement Leave
408 Jury Duty
409 Witness Duty
410 Military Leave
411 Exempt Employee Treatment of Leave
500 PAYROLL CALCULATION AND WORK SCHEDULES
501 Time Keeping
502 Paydays
503 Pay Rate Calculation
504 Work Schedules
505 On -Call Compensatory Time
506 Overtime
507 Rest & Meal Periods
508 Pay Advances
509 Administrative Pay Corrections
510 Pay Deductions & Set -offs
511 Travel and Training Time
600 WORK CONDITIONS & ENVIRONMENT
601 Safety
602 Risk Management Guidelines
603 Use of City Equipment & Vehicles
604 Accident Procedure
605 Emergency Closings
606 Business Travel
607 Attendance & Punctuality
608 Personal Appearance
609 Use of Phone, Mail, E-mail & Internet Access Systems
610 Smoking
611 Solicitation
612 Relationships with Other Employees
NO. POLICY TITLE
700 CONDUCT & DISCIPLINARY ACTION
701 Conduct and Work Rules
702 Drug & Alcohol Use
703 Drug Free Workplace and Drug / Alcohol Testing Policy
704 Fitness for Duty - Testing and Procedures
705 Conflicts of Interest
706 Acceptance of Gifts
707 Outside Employment
708 Disclosure of Information
709 Return of Property
710 Security Inspections
711 Unlawful Discrimination & Harassment
712 Grievance Procedure
800 PURCHASING RULES
801 General Policy on Purchases
802 Bidding Procedures
803 Purchase Orders
804 Purchase Card Program
805 Purchases from Related Parties
806 Payment of Invoices
APPENDICES
City of Rexburg
000 INTRODUCTION
20 WELCOME TO THE CITY OF REXBURG!
Welcome new employee!
Employee Handbook
On behalf of your colleagues, we welcome you to the City of Rexburg and wish you every success
here.
Each employee contributes directly to the City's growth and success, and we hope you will take pride
in being a member of our team.
This handbook was developed to describe some of the expectations of our employees and to outline
the policies, programs, and benefits available. Employees should familiarize themselves with the
contents of the employee handbook as soon as possible, for it will answer many questions about
employment with the City. Individual Departments may also have departmental Standard Operating
Procedures (SDP's) that the employee should also be familiar with and follow.
We hope that your experience here will be challenging, enjoyable, and rewarding. Again, welcome!
Sincerely,
The Mayor and City Council
City of Rexburg
Employee Handbook
25 MADISON FIRE DEPARTMENT EMPLOYEES ADDENDUM
The Rexburg/Madison Fire Department and the Madison County Ambulance Service have been
merged into one operating entity, the Madison Fire Department, hereafter referred to as MFD, by way
of an agreement made by the City of Rexburg, the Madison County Fire Protection District and
Madison County Ambulance District. The merger was implemented to provide the environment for
better fire and ambulance services, more efficient and flexible use of personnel and other resources,
and cost savings where possible. This entity is doing business as the Madison Fire Department.
The Rexburg/Madison County Emergency Services Board (aka Emergency Services Board) was
created to provide executive leadership to this new entity. The Board is made up of: one Madison
County Commissioner, one Madison County Fire Protection District Commissioner, the Mayor or a
Councilmember from the City of Rexburg, and the Medical Director. The Medical Director, although
not an elected official, has an equal status and is a voting member of the board, and is appointed by
the remainder of the Board. With the exception of the Medical Director, members of the board bring
the input and interests from their respective boards back to the Emergency Services Board, thus
providing a balanced representation from all three entities.
It was the decision of the Emergency Services Board to adopt the City of Rexburg Employees
Handbook as its official personnel handbook to provide information and guidance to its employees.
For all MFD personnel, wherever this manual refers to the City, its Mayor, Council, or
Department Oversight Committee, it should be interpreted to mean the Rexburg/Madison
County Emergency Services Board.
It is not possible in this book to address all the specific needs and policies of a department such as the
MFD. There are many complex laws and regulations that will apply specifically to MFD issues, as well
as standard operating procedures specific to the department's day to day activities. It is the
responsibility of every employee to diligently study this handbook and all department rules and
regulations, and to abide by them. MFD employees should take special notice of MFD exceptions as
well as policies that refer to Madison Fire Department Standard Operating Procedures.
26 CITY/COUNTY JOINTLY OWNED PROPERTIES AND PROJECTS
Wherever in this handbook it refers to "City Council", this should also be interpreted to include -"Golf
Board" in the case of Golf Course employees and "Airport Board" in the case of Airport employees.
For Madison Fire Department employees, see 25 Madison Fire Department Employees Addendum.
30 STATEMENT OF MISSION & PHILOSOPHY
Since the City's beginning, its structure and services have been designed around service to the public.
This service is easily observed through the presence of our Police and Fire Department personnel and
staff. Yet, there are many other services the City of Rexburg offers its citizens. Some of these include
effective planning and zoning for our future, water, waste water, and sanitation for our health, and
public services such as streets, parks, and recreation.
As a member of our work force, each employee represents the City in its mission to provide public
service and uphold everyone's safety and security. Thus, each employee has a responsibility to be
mindful of his/her conduct both on and off the job, as such conduct may reflect directly or indirectly on
the interests of the City, its citizens, and our combined public mission of service in trust, good faith,
and honest dealings.
2
City of Rexburg Employee Handbook
We are proud of our City, our traditions, and our goals. As each of us contributes to the success of
our jobs, our departments, and our community, we will look toward real accomplishments and
continued progress in both our work and our future.
The City strives to provide a working environment that is safe for all workers and the public. We
encourage employees to advance their concerns and make inquiries in a spirit of respect for each
other and in good faith toward meeting the high standards of professional excellence and competence
which will have real impact on our progress now and in the future.
40 INTRODUCTORY STATEMENT
This handbook is designed to acquaint you with the City and provide you with information about
working conditions, employee benefits, and some of the policies affecting your employment. You
should read, understand, and comply with all provisions of the handbook. It describes many of your
responsibilities as an employee and outlines the programs developed by the City to benefit
employees. One of our objectives is to provide a work environment that is conducive to both personal
and professional growth.
No employee handbook can anticipate every circumstance or question about the City's policies. As
the City continues to grow, the need may arise to change policies described in the handbook. The
City therefore reserves the right to revise, supplement, or rescind any policies or portion of the
handbook from time to time as it deems appropriate, in its sole and absolute discretion. Employees
will, of course, be notified of such changes as they occur.
Nothing herein shall be deemed to be nor shall be construed to grant any employee any right
or expectation of continued employment.
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City of Rexburg
100 HIRING & PLACEMENT
101 NATURE OF EMPLOYMENT
Employee Handbook
All persons employed by the City are employed at the discretion of the Mayor and City Council
and shall have no right to continued employment or employment benefits, except as may be
agreed in writing and expressly approved by the City Council.
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 at any time.
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.
Policies set forth in this handbook are not intended to create a contract, nor are they to be construed
to constitute contractual obligations of any kind or a contract of employment between the City and any
of its employees. The provisions of the handbook have been developed at the discretion of
management and may be amended or canceled at any time, at the City's sole discretion. Employees
should be notified of changes as they occur.
These provisions supersede all existing policies and practices and may not be amended or added to
without the express written approval of the Mayor of the City.
102 EMPLOYEE RELATIONS
The City believes that the work conditions, wages, and benefits it offers to its employees are
competitive with those offered by other employers in this area and in this industry. If employees have
concerns about work conditions or compensation„ they are strongly encouraged to voice these
concerns in a spirit of good faith openly and directly to their supervisors.
Our experience has shown that when employees deal openly and directly with supervisors, the work
environment can be excellent, communication can be clear, and attitudes can be positive.
We believe that the City amply demonstrates its commitment to employees by responding effectively
to employee concerns.
103 EQUAL EMPLOYMENT OPPORTUNITY
In order to provide equal employment and advancement opportunities to all individuals, employment
decisions at the City will be based on merit, qualifications„ and abilities to perform the essential
functions of the job with reasonable accommodation.. Except where required or permitted by law,
employment practices will not be influenced or affected by an applicant's or employee's race, color,
religion„ gender„ national origin, age„ disability„ or any other characteristic protected by law.
The City will make reasonable accommodations for qualified individuals with known disabilities, unless
doing so would result in an undue hardship. This policy governs all aspects of employment, including
selection, job assignment, compensation„ discipline, termination„ and access to benefits and training.
Any employees with questions or concerns about any type of discrimination in the workplace are
encouraged to bring these issues to the attention of their immediate supervisor or the Department
1
Head, or Human Resource Director, or City Attorney or the Mayor. Employees can raise concerns
and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful
discrimination will be subject to disciplinary action, up to and including termination of employment.
(See 712 Grievance Procedure Employee Handbook 700 Conduct & Disciplinary Action)
Note: If necessary, a copy of this handbook is
available in enlarged print for employees who are
unable to adequately read this handbook in its
current print size.
104 PLACEMENT AUTHORITY
The City has placed certain controls over the announcements, postings and filling of position openings
within City employment. Specifically, vacancy announcements, job postings and advertising for
"regular" full- and part-time positions are controlled through the Department Head and Human
Resource Department. Such controls include, but are not limited to, time limits for posting, internal
notices prior to recruiting, or advertising for applicants outside the existing work force.
Department Heads are required to inform and obtain prior approval from the Council member over that
department and the Mayor to post announcements or commit to a hiring decision in all cases involving
new "regular" full-time positions. In the case of other positions, Department Heads shall have the
authority to post announcements, recruit and hire without approval. All hiring must be coordinated
through the Human Resource Director so that proper procedures are followed.
MFD employee hiring must also have approval from the MFD Board
Since available and qualified applicants for new positions may already be in the City's employ, it is the
City's intent to fill positions from within the work force wherever appropriate and practicable. Qualified
employees, suitable to the needs of the City and who meet the requirements of the City and the
Department and apply for such positions during the period the position is open for applications, will be
given consideration in filling such positions.
105 EMPLOYMENT APPLICATIONS
The City relies upon the accuracy of information contained in the employment application„ as well as
the accuracy of other data presented throughout the hiring process and employment. Any
misrepresentations, falsifications, or material omissions in any of this information or data may result in
the City's exclusion of the individual from further consideration for employment or, if the person has
been hired, termination of employment.
106 PRE -EMPLOYMENT SCREENING
Reference Checks
To ensure that individuals who join the City are well qualified and have a strong potential to be
productive and successful, it is the policy of the City to check the employment references of all
applicants.
The Department Head or Human Resource Department will respond to all reference check inquiries
from other employers. Responses to such inquiries will confirm only dates of employment, wage
rates, and position(s) held. Other employment information may only be given by the Human Resource
Director or the City Attorney.
City of Rexburg Employee Handbook
Drug Tests
All potential new hires, as a condition of regular full-time employment, may be subject to at least an
initial drug and alcohol screening prior to beginning work. A negative test result must be received by
the Human Resources Department before they begin work. (See 703(F) in 700 Conduct & Disciplinary
Action)
Background Checks
All potential new hires, as a condition of employment, may be subject to a background check, and
shall cooperate fully in accomplishing such checks.
107 HIRING OR SUPERVISION OF RELATIVES
The employment or supervision of relatives in the same area of an organization may cause serious
conflicts and problems with favoritism and employee morale. In addition to claims of partiality in
treatment at work, personal conflicts from outside the work environment can be carried into day-to-day
working relationships.
Relatives of persons currently employed by the City may be hired only if they will not be working
directly for or supervising a relative. The City employees cannot be transferred into such a reporting
relationship.
If the relative relationship is established after employment, the individuals concerned will decide who
will request a transfer. If such a request is not made within 30 calendar days, management will
decide.
In cases where a conflict or the potential for conflict arises, even if there is no supervisory relationship
involved, the parties may be separated by reassignment or terminated from employment.
Idaho statute 59-703 prohibits nepotism. For the purposes of this policy, relatives are defined as
those people within the 2"d degree of consanguinity. (See Consanguinity Chart Attached — Appendix
B Employee Handbook Appendixes (v.2))
108 IMMIGRATION LAW COMPLIANCE
The City is committed to employing only individuals who are authorized to work in the United States
and does not unlawfully discriminate on the basis of citizenship or national origin.
In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a
condition of employment, must complete the Employment Eligibility Verification Form 1-9 and present
documentation establishing identity and employment eligibility. Employees who do not provide the
proper documentation, or who fail to provide documentation legally required, shall not remain
employed. Failure to timely and promptly provide required documentation will result in termination,
since no employee can legally continue in employment for more than three (3) days in the absence of
proper documentation being presented.
Former employees who are rehired must also complete the form if they have not completed an 1-9 with
the City within the past three years, or if their previous 1-9 is no longer retained or valid.
Employees with questions or seeking more information on immigration law issues are encouraged to
contact the Department Head or the Payroll Clerk. Employees may raise questions or complaints
about immigration law compliance without fear of reprisal.
109 RESIDENCY REQUIREMENT
The City of Rexburg has no residency requirement, though each department may require a certain
emergency response time. Additionally, employees should review their own department's Standard
Operating Procedures (SOP) Manual for the residency or any other departmental requirements.
200 RECORDS & STATUS
201 ACCESS TO PERSONNEL FILES
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 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 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.
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 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.
OTHER CATEGORIES
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 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.
FOREMEN Foremen are designated in Public Works 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.
MFD27 EMPLOYEES These are MFD employees who are on a 27 day work schedule. (See 504.1
Police and MFD Work Schedules in Employee Handbook 500 Payroll Calculation & Work Schedules).
205 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 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 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, Mayor, City Council member over that department, or if
applicable, the MFD Board.
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 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
Street Foreman
TCS Technician
TCS System Analyst
TCS Assistant Manager
TCS Manager
Economic Development Director
Deputy Financial Officer
Chief Financial Officer
Financial Management Software Manager/Accounting Clerk
City Attorney
Staff Engineer
City Engineer
Public Works Director
Recreation Director
Recreation Events Coordinator
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 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 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 with the 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 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.
City of Rexburg
300 BENEFIT PROGRAMS
301 BENEFIT ELIGIBILITY
Employee Handbook
The City of Rexburg attempts to provide employees benefits that are competitive in the area and
within the financial restraints imposed by budgetary considerations. The City, as an employer,
recognizes the employee's concern for himself and his dependents in the areas of medical expense,
hospitalization, life insurance, and retirement benefits which influence employee efficiency and well
being. The City will continually monitor and review these benefit areas.
WHEN ELIGIBLE
DEDUCTION
BENEFIT
TO PARTICIPATE
FROM PAYCHECK
INSURANCE
Life Insurance"
1st of next Month
None
Medical & Hospital"
1st of next Month
Immediate
Dental Insurance
1st of next Month
Immediate
Worker's Compensation
Immediate
None
Insurance
Accident Insurance
Immediate
None
Long Term Disability Insurance
Immediate
None
RETIREMENTS
Social Security
Immediate
Immediate
Public Employee
Immediate
Immediate
Retirement System"
Deferred Compensation
After 6 months of service
Next payday
Plan [401(k)]*
and over 1000 hours and
in next quarter
21 years of age participation
At enrollment date
Unused Sick Leave
Upon obtaining excess
None
Bank & Post Employment
unused sick leave
Health Plan"
OTHER
Cafeteria Plan"
After 6 months of service Next payday
and over 1000 hours and after starting
21 years of age participation
Health Reimbursement
Regular Full -Time Employees None
Arrangement (HRA)"
who are insured are eligible
for this benefit at a prorated
amount at the 1st of the following month
"Temporary or Part-time employees are generally not eligible for these benefits, unless
required by law.
The City can NOT guarantee that all benefits will be continued.
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City of Rexburg Employee Handbook
302 INSURANCE - LIFE, MEDICAL, DENTAL
LIFE INSURANCE is provided for all regular full-time employees. Employees should verify the
designation of beneficiary with the Human Resource Department. and keep the data current.
MEDICAL AND DENTAL INSURANCE is provided for all full-time employees and dependents.
Booklets explaining the scope of coverage and claim forms are available from the Payroll Clerk. All
employees covered on the insurance plan are required to report potential claims promptly to the
insurance company and to supply supporting documentation. Certain employee participation in
premiums is required. For more information, contact the Human Resource Department.
Under the medical plan certain deductibles apply for individual or dependent coverage. The
employee must pay for this deductible on his/her own. The deductible amount is generally paid
during a Benefit Year. Additionally, the medical insurance plan does not cover 100% of all medical
costs. The employee is required to pay for a portion of these medical costs, which is called the "co -
payment". Covered employees are encouraged to refer to the specifics of the Plan for medical
coverage for details related to the costs, coverage's, and benefits of the Plan.
Retirees may purchase health insurance through the city's carrier, if available, until eligible for
Medicare. (See 307 Benefits Continuation).
HEALTH REIMBURSEMENT ARRANGEMENT (HRA)
The City will contribute a designated amount per deductible, into an HRA account administered by a third
party provider or the City for each eligible employee annually. An additional HRA contribution of an
annually designated amount will be available upon the completion of the wellness exam form by the
employee and their spouse (if applicable). HRA's are solely employer -paid and the balance can be carried
forward for reimbursement in later years. HRA balances may be used during employment or after
termination of employment to pay, or be reimbursed for, eligible medical bills.
DOUBLE COVERED EMPLOYEES AND DEPENDENTS
Where an employee and/or their family members are covered under more than one medical
insurance policy, the payment of claims will be governed by the insurance carriers' rules of
coordination of benefits.
BOTH SPOUSES WORK FOR THE CITY
When both spouses in a family work for the city, only one of the spouses may carry insurance for the
whole family including children, but will only be charged for their share of premium as if it was a policy
for employee with children and no spouse. When there are no children on that couple's policy, only
one of the spouses may carry insurance for both, but the employee's share of the premium will be
figured as if they were both treated as single.
303 INSURANCE COST REIMBURSEMENT
The City shall provide health insurance for all regular full-time employees including the Mayor and
City Council, of which the City shall, at the option of the Council, pay all or part of the premium to
cover the employee and his or her eligible dependents. In lieu of and up to the maximum portion of
the above premium that would otherwise be paid by the City for the employee, the City will reimburse
the employee for the cost of insurance he or she provides on their own, as long as it meets federal
requirements for a group plan with minimum essential coverage and minimum value, and is not
purchased through an exchange. In addition to the cost of insurance that the City will reimburse, the
City will also reimburse the cost of the HRA contribution the employee could have received if they
were enrolled in the City's health insurance, less the cost of the employee's share of the health
City of Rexburg Employee Handbook
insurance premiums. To maintain the integrity of the plan sponsored by the City, the employee must
have been covered by this reimbursable insurance before the employee was hired by the City, unless
the employee is an elected official or has special permission by the Mayor and the Human Resources
Department.
The City shall reimburse the employee in their regular semi-monthly pay check at the end of the month
covered. This amount will be taxed as earned income. Reimbursement will begin after the employee has
submitted a written request along with documentation of premium amounts they are or will be paying.
304 WORKERS' COMPENSATION INSURANCE
The City provides a comprehensive workers' compensation insurance program at no cost to
employees. This program covers any injury or illness sustained in the course of employment that
requires medical, surgical, or hospital treatment. Subject to applicable legal requirements, workers'
compensation insurance provides lost wage benefits after a short waiting period.
Employees who sustain work -related injuries or illnesses should first obtain any needed medical
attention and immediately inform their supervisor. No matter how minor an on-the-job injury may
appear, it is important that it be reported immediately. Employees must complete a "Notice of Injury"
form with the Payroll Clerk as soon as practicable, but in no event more than forty-eight (48) hours
following the incident, unless hospitalized. This will enable an eligible employee to qualify for
coverage in a timely manner. This will also allow the City to investigate the causes of any accident
right away in order to insure adequate steps are taken to prevent any recurrence and otherwise
enforce its own safety policies and practices.
The City retains the right to review medical information and request medical examinations in order to
be kept apprised of a worker's condition while off work. It is in the interest of the City to work with
employees and medical professionals to return the employee back to work as soon as possible. The
City is committed to providing reasonable accommodations to assist in as rapid a return to work as
practicable.
Whenever a full-time employee is unable to perform the normal duties assigned as a result of a work
related injury or illness, the employee may be required to report to work in a light duty status if
management determines that light duty work exists or is available at the time, and the employee is
cleared for such by his or her medical doctor. Management has the right to determine if light duty
work exists.
Assigned light duty shall be strictly limited, and consistent with the instructions provided by the
employee's medical doctor with respect to the condition. The employee must provide a medical
release to the Department Head and Human Resource Department stating what level of ability the
employee is able to perform and the duration of any restrictions that must apply.
Assigned light duty shall in no way affect the existing vacation, sick leave or other benefits.
Neither the City nor the insurance carrier will be liable for the payment of workers' compensation
benefits for injuries that occur during an employee's voluntary participation in any off -duty
recreational, social, or athletic activity, even if the activity is sponsored by the City.
When an employee is off work due to a workers' compensation claim, it is the policy of the City to
provide some additional compensation to the employee in order to offset the loss of income the
employee would otherwise experience in the event they cannot work. The City retains the right to
elect whether or not to seek reimbursement for that compensation from the State Insurance Fund.
3
City of Rexburg Employee Handbook
Regardless of the City's election, the employee will be held harmless by the City by paying them their
normal pay period base pay after all payable hours are accounted for. If a check from the State
Insurance Fund is received, the employee is required to provide a copy of the check or other proof of
payment to the payroll department as soon as is practicable. The City in turn will deduct this amount
from the balance of the employee's next paycheck(s).
As long as the employee qualifies for the partial compensation under the City's workers'
compensation program, as described immediately above, they will continue to accrue earned sick and
vacation leave as determined under the Sick Leave and Vacation Leave policies in this handbook.
(For leave requested beyond the available Sick Leave and Vacation Leave, see 406 Family and
Medical Leave Policy in Employee Handbook 400 Leaves of Absence .)
305 RETIREMENT PLANS AND DEFERRED COMPENSATION [401(k)] PLAN
DEFERRED COMPENSATION [401(K)] PLAN
As a benefit to employees, and to help employees plan for retirement and long-term financial security,
the City offers a Deferred Compensation [401(k)] Plan to eligible employees subject to certain
qualifications and limitations. The city matches specific dollar contributions from each employee in
the Plan by a certain percent of the employee participant's eligible contributions. Earnings and
interest from funds in the Plan generally are not immediately subject to taxation (See plan summary
document).
Eligible employees are those who shall work at least 1000 hours during any calendar year and who
have worked at least six months and who are categorized as regular full-time employees. The Plan
has four defined enrollment dates during any calendar year. Those are quarterly, upon the first day of
each calendar quarter (Jan. 1, April 1, July 1, Oct. 1). Eligible employees, or employees who may
become eligible during any Plan Year, may elect this benefit in writing which can be provided by the
Human Resource Department.
Employees must complete several written records for participation in the Plan, and there are limits to
the amount of contributions any employee may elect to invest in the Plan (See plan summary
document). Those limits and other Plan requirements are subject to the applicable rulings and
regulations of the Internal Revenue Service.
SOCIAL SECURITY
The City will match an employee's contributions to the federal Social Security system. If you have
any questions about your coverage, you are encouraged to contact the Human Resource
Department.
PERSI
The City of Rexburg is a participant in the Public Employment Retirement System of Idaho (PERSI)
and contributes to each employee's account. Each Regular full-time employee also contributes a
portion of his/her gross earnings. Contributions and city -matching funds shall be at the current rate as
established by the retirement program.
SICK LEAVE BANK
See 404 Sick Leave Bank Policy in Employee Handbook 400 Leaves of Absence for a description of
this benefit at retirement.
4
City of Rexburg
306 CAFETERIA PLAN
Employee Handbook
The City has established a IRS Code Section 125 Cafeteria Plan for the benefit of its employees.
This plan allows regular full-time employees to deduct medical expenses through a Flexible Spending
Account (FSA) above what insurance covers, dependent care expenses, group term life insurance,
and disability insurance premiums from their wages before taxes are calculated. The City then pays
those expenses on behalf of the employee. This, in effect, may give the employee a discount on
expenses of this type at the rate of their overall tax rate, because those expenses are deducted
before taxes are figured on their earnings. For more information, employees may request a copy of
the plan document from the Payroll Clerk. (See the table in Benefits Eligibility Policy in 301 Benefits
Eligibility.)
City of Rexburg
307 BENEFITS CONTINUATION
COBRA
Employee Handbook
The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their
qualified beneficiaries the opportunity to continue health and dental insurance coverage when a
"qualifying event" would normally result in the loss of eligibility. Some common qualifying events are:
resignation, termination of employment, death of an employee, a reduction in an employee's hours, a
leave of absence, an employee's divorce or legal separation, or a dependent child no longer meeting
eligibility requirements.
Under COBRA, the employee or beneficiary pays the full cost of coverage at the City's group rates
plus an administration fee.
The City provides each eligible employee with a written notice describing rights granted under
COBRA when the employee becomes eligible for COBRA coverage under the City's insurance plans.
The notice contains important information about the employee's rights and obligations.
308 DEFERRED COMPENSATION (401-K) LOAN PROGRAM
The City of Rexburg Salary Reduction Plan has adopted a loan provision to assist Plan Participants in
raising funds to meet certain immediate and heavy financial needs. Participants in the Plan will be
entitled to apply for a loan in accordance with the following rules:
Application
All loan applications will be made on forms provided by the Administrator or online through an
electronic process. Each form will be completed in its entirety before being considered for approval.
Each application will be reviewed on a nondiscriminatory basis, but will be judged on the applicant's
credit worthiness, purpose and terms of the loan.
Approval Process
Loans will be permitted for any legal purpose, as long as the provisions of this loan policy and
applicable Internal Revenue Service and Department of Labor regulations are not violated. Each loan
approved will be subject to loan fees, which will include at a minimum an origination fee and an
annual maintenance fee.
3. Loan Amount
a. All loans will be limited to 50% of the Participant's vested account balance, provided such loan
does not exceed $50,000. The $50,000 maximum amount will be reduced by the Participant's
highest outstanding loan balance in the previous 12 months, even if amounts have been repaid.
b. The Plan also includes a minimum loan amount of $1,000.
C. A Participant may have only one loan outstanding at any given time. Once a loan is paid off, no
new loan may be made for a period of ninety (90) days, except when new loan proceeds, in excess of
the amount of any existing loan being paid off and the new loan fee, are limited to the employee's
share of outstanding medical bills and are being paid by the city directly to a medical provider.
Current balance due statements from the medical provider must be provided to the city in this case.
d. A Participant may be denied future loans if he or she defaulted on any previous loan.
4. Repayment Procedure
City of Rexburg Employee Handbook
The term of the loan shall be no longer than five (5) years, unless its purpose is to purchase a
principle residence. Principal and interest payments may be made monthly or semimonthly.
Payments shall be made by the means of payroll withholding according to the terms of the promissory
note so long as the participant receives a paycheck from the City of Rexburg. Otherwise, the
payments shall be made in cash or by check payable in lawful currency of the United States of
America. Refinancing a loan is not allowed.
5. Interest
The rate of interest will be a composite of what persons and institutions in the business of lending
money would obtain as compensation for the use of money which they lend under similar
circumstances and for similar purposes. The loan administrator may consider factors pertaining to
the opportunity for gain and the risk of loss that professional lenders would consider in setting the rate
of interest on a similar arm's-length loan. A Participant loan as a plan investment will not be prudent if
it provides a plan with less return, relative to risk, than comparable investments available to the plan,
or if it involves a greater risk to the security of plan assets than other investments offering a similar
return. Generally, a rate of prime rate plus 2% will be considered a reasonable rate of interest.
6. Security
Any loan granted hereunder will require a Participant to pledge a maximum of 50% of his or her
vested account balance as collateral for the loan.
7. Default
A loan shall be deemed to be in default when a scheduled installment payment is 60 days late. If
payment has not been made within 30 days of the installment due date, the administrator will send
the participant a letter notifying him or her that payment is due within 30 days of the date of the letter.
If payment is not received within such stipulated time period, the following will take place:
a. The loan is considered to be in default as of the date the last payment was due.
b. The remaining principal and interest on the loan is due and payable as of the date the last
payment was due.
c. The balance of the loan is now a taxable event, subject to personal income and penalty taxes, but
will not relieve the participant's obligation to repay the loan. Form 1099R will be completed and given
to the Participant; however, the loan will not be charged against the Participant's vested account
balance until he or she terminates service, retires, dies, becomes disabled, attains age 59'/2 or
reaches the earliest date distribution is permitted under the Plan.
d. To the extent necessary, any collateral pledged as additional security will be foreclosed upon.
e. If permitted in the Plan, the loan will be deemed an in-service withdrawal. Such withdrawal will be
subject to personal income and possibly penalty taxes. Form 1099R will be issued to the participant
showing such withdrawal.
f. To the extent possible, the loan will be renegotiated and payments will be made through payroll
withholding.
Note: If a participant contacts the loan administrator before the due date of loan payment, and
agrees to item d, e, or f above, the loan will not go into default.
8. Administrator
City of Rexburg
Employee Handbook
The following person is responsible for the administration of this loan program. All questions and
applications should be addressed to:
Name: Human Resource Director
Address: PO Box 280, Rexburg, ID 83440
Phone: (208) 359-3020
The above loan provisions will be administered in a consistent and uniform manner for all
participants in the Plan.
309 RECREATION AND WELLNESS BENEFITS POLICY
Eligible Employees & Family Members
These benefits are only available to employees who are 1) regular full-time or 2) other employees
who have worked for the city for at least 5 years, and their spouses and their immediate unmarried
children who are living with them. This means that the benefits are available for and must be used by
only eligible employees and family members. These benefits will be charged to each employee's
departmental budget under the account number ending in "29".
City Recreation Program/Event Benefit Policy
Each family member of each regular full-time employee, as defined above, is given up to $90 in
activity fees per calendar year. This usually means that each member of an employee's family can
participate in three (3) programs a year (based on calendar year of the program sign-ups in summer,
fall, or winter) with an average of a $30 fee per activity. For example, an employee might have a child
that wants to be in gymnastics that has a recreation fee of $74. They would be given a $30 discount
and have to pay only $44 for the activity. Or, they could use $74 of the $90 per calendar year
benefit, and the remainder could be used on another program in the same season or another season
during that calendar year. Recreation Department employees will notify the Finance Department of
those using this benefit.
Park Shelter Reservation
Each regular full-time employee, as defined above, will also be able to use any of their eligible
family member's $90 recreation activity fee allowance to reserve a park shelter (excludes Aquatic
Center Shelters). The limit will be one park reservation per family per year and the reservation must
be made through City Hall.
City Carousel Benefit Policy
The City provides a free family carousel season pass to all full-time employees, which is also
available to other employees who have worked for the city for at least 5 years upon request. In
addition to the eligible family members as described above, an employee may also use the pass for
their grandchildren or great grandchildren, as long as the employee or their spouse is present.
Golf Benefit Policy
The City will pay for half of the golf coupons or passes purchased by an employee or their
immediate family members as defined above. This means golf coupons may only be used by eligible
employees or family members. When the employee makes the purchase at the golf course, he or
she only pays half of the cost and the City will reimburse the Golf Courses for the other half. Golf
Course employees will notify the Finance Department as purchases are made.
City of Rexburg Employee Handbook
Gym and Fitness Center Benefit Policy
The City will pay $10 per month each for and employee and/or spouse who sign up for
membership in a gym or fitness facility. This benefit will be administered through payroll after an
employee signs up at the local fitness center or through annual reimbursement to the employee.
City of Rexburg Employee Handbook
Bicycle or Walking Commuter Benefit Policy
The City will award to each employee a $20 gift certificate for a local bicycle shop for bicycle
related expenses, such as a new bike, repairs, or bike accessories, for each month that the
employee rides their bike to work and back. Or, the City will reimburse each employee up to $20
in walking related expenses, such as shoes, for each month the employee walks to and from
work. These benefits are only available for the months from April through October.
The employee must choose and certify to the Payroll Clerk that they have either ridden their
bicycle (for the gift certificate) or walked (for the reimbursement) on at least 60% of the work days
for that month to receive this benefit.
Aquatic Center
Each regular full-time employee, as defined above, will be able to use any of their eligible
family member's $90 recreation activity fee allowance to purchase a 10 punch pass. The limit will
be one ten punch pass per family per year and the pass must be purchased through the
Recreation Department. Recreation Department employees will notify the Finance Department of
those using this benefit.
10
City of Rexburg
400 LEAVES OF ABSENCE
401 VACATION
Employee Handbook
Vacation time off with pay is available to eligible employees to provide opportunities for rest,
relaxation, and personal pursuits. Employees in the following employment classification(s) are
eligible to earn and use vacation time as described in this policy:
Regular full-time employees
Introductory full-time employees
The amount of paid vacation time employees receive each year increases with the length of their
employment as shown in the following schedule. Vacation is earned on a monthly basis, regardless
of when it is used, recorded, or made available.
VACATION EARNING SCHEDULE --Non-MFD27 (MFD=Madison Fire Department) employees
(See 204 Employment Categories in Employee Handbook 200 Records & Status)
YEARS OF ELIGIBLE
SERVICE
MONTHLY ACCRUAL
Upon initial eligibility
4 hours
After 1 year
8 hours
After 5 years
10 hours
After 10 years
12 hours
After 15 years
13.333 hours
After 20 years
14.667 hours
After 25 years
16 hours
After 30 years
17.333 hours
VACATION HOURS PER YEAR
48 hours
96 hours
120 hours
144 hours
160 hours
176 hours
192 hours
208 hours
VACATION EARNING SCHEDULE MFD27 employees (See 204 Employment Categories in
Employee Handbook 200 Records & Status)
YEARS OF ELIGIBLE MONTHLY ACCRUAL
SERVICE
Upon initial eligibility
5.6 hours
After 1 year
11.2 hours
After 5 years
14 hours
After 10 years
16.8 hours
After 15 years
18.67 hours
After 20 years
20.53 hours
After 25 years
22.4 hours
After 30 years
24.27 hours
VACATION HOURS PER YEAR
67.2 hours
134.4 hours
168.0 hours
201.6 hours
224.0 hours
246.4 hours
268.8 hours
291.2 hours
MFD27 employees receive more hours of vacation because they are scheduled for more hours of
work (2912 versus the 2080 for other workers) during the year. This way, MFD27 employees can
take vacation for the same number of sequential calendar days per year as any other employee.
City of Rexburg Employee Handbook
The length of eligible service is calculated on the basis of a 12-month period that begins when the
employee starts work as a new employee in a full-time position, including an introductory
classification where the position is identified as full-time.
During the hiring or reclassification of an employee, the Mayor shall have the option of granting an
amount of years that are in lieu of longevity earned (even though those years were not worked for
the city), for the purpose of calculating vacation hours, up to the equivalent of 5 extra years for
certain employees with high levels of training, education, and/or experience. These extra years
shall be added to the calculation of longevity even after the employee has been with the City for
more than five years. No other vacation may be awarded to an employee, except per the schedule
above.
Once employees enter an eligible employment classification, they begin to earn paid vacation time
according to the schedule. Introductory full-time and regular full-time employees may request use
of current year's accrual in advance of it being earned.
To take vacation, employees should request advance approval from their supervisors. Requests
will be reviewed based on a number of factors, including longevity, business needs and staffing
requirements. Employees with greater longevity will generally be given first consideration in
scheduling vacations and time off, over employees with less longevity. Final decisions on vacation
scheduling will be made by supervisors and Department Heads.
Vacation time off is paid at the employee's base pay rate at the time of vacation. It does not include
overtime or any special forms of compensation.
Upon termination of employment, employees will be paid for unused vacation time that has been
earned through the last day of work.
See Section 411 below for exempt employee treatment of leave
CASH OUT OR CARRYOVER
Employees may not carryover more than 80 hours of vacation time (112 for MFD27 employees) into
a new calendar year.
Any employee who accrues vacation may cash -out up to a total of 40 hours of vacation (56 for
MFD27 employees) during December on the last two payrolls of the calendar year (December 15 &
31). The employee must notify the payroll clerk in writing of their intentions to cash -out any
vacation by three working days prior to the December payroll dates.
Any year end vacation balance over 80 hours (112 for MFD27 employees) will be lost.
402 HOLIDAYS
The City will grant holiday time off to all employees on the holidays listed below.
New Year's Day (January 1)
Martin Luther King, Jr. Day (third Monday in January)
Presidents' Day (third Monday in February)
Memorial Day (last Monday in May)
Independence Day (July 4)
Pioneer Day (July 24) for MFD Employees Only
Labor Day (first Monday in September)
Emergency Services Day (September 11) for MFD Employees Only
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City of Rexburg Employee Handbook
Veteran's Day (November 11)
Thanksgiving (fourth Thursday in November)
Day after Thanksgiving
Christmas Eve (The Mayor may authorize holiday leave pay up to 4 hours on Christmas Eve)
Christmas (December 25)
New Years Eve (The Mayor may authorize holiday pay leave up to 4 hours on New Years Eve)
According to applicable restrictions, the City will grant paid holiday time off to all eligible employees
immediately upon assignment to an eligible employment classification. Holiday pay will be
calculated based on the employee's straight- time pay rate. An eligible employee will receive
holiday pay at his or her straight -time rate for 8 hours (11.2 hours for MFD27 employees) besides
other hours worked. Paid time off for holidays will not be counted as hours worked for the purposes
of determining overtime. Eligible employee classification(s) for this benefit are introductory full-time
and regular full-time employees.
A recognized holiday that falls on a Saturday will be observed on the preceding Friday. A
recognized holiday that falls on a Sunday will be observed on the following Monday.
The Mayor may authorize Department Heads to close their doors and let their people go home early
on Christmas eve and New Years Eve, but the time off must conform with the above policy or be
granted using vacation leave or previously worked hours on the same time sheet in the same pay
period.
403 SICK LEAVE
The City provides paid sick leave benefits to introductory full-time and regular full-time employees
for periods of temporary absence due to illnesses, injuries, or associated appointments with medical
professionals.
Eligible employees may use sick leave benefits for an absence from scheduled work time due to
their own illness or injury or that of a spouse or children under the age of 18, or parents or parents -
in -law, regardless of where they live, or anyone else living in the employee's residence, that the
employee has caretaker responsibility for, due to the inability to care for themselves as stated in
writing by their physician.
With the exception of MFD27 employees, employees accrue sick leave at the rate of 8 hours per
month up to a maximum end of the calendar year carryover of 480 hours. MFD27 employees
accrue 11.2 hours of sick leave per month up to a maximum calendar -year -carryover of 672 hours.
Employees who are unable to report to work due to illness or injury should notify their direct
supervisor before the scheduled start of their workday, if possible. The direct supervisor must also
be contacted on each additional day of absence.
Once an employee has claimed sick leave for three or more consecutive scheduled work days the direct
supervisor may require a physician's written statement verifying the condition and specifying the expected
ending date, the employee's ability to return to work, and what restrictions may apply if he feels the situation
warrants such action.
Sick leave benefits will be calculated based on the employee's base pay rate at the time of absence
and will not include any special forms of compensation, such as bonuses or shift differentials.
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As an additional condition of eligibility for sick leave benefits, an employee on an extended absence
must apply for any other available compensation and benefits, such as workers' compensation.
Sick leave benefits may be used to supplement any payments that an employee is eligible to
receive from workers' compensation insurance. The combination of any such disability payments
and sick leave benefits cannot exceed the employee's normal weekly earnings.
Sick leave benefits are intended solely to provide base pay income protection in the event of illness
or injury, and may not be used for any other absence. Thus, sick leave benefits cannot be claimed
to the extent that it would result in compensation of any amount above the base pay. Unused sick
leave benefits will not be paid to employees while they are employed except as stated elsewhere in
this handbook.
Additionally, where a pattern of sick leave use presents itself, or a question arises as to the
legitimate use of accrued sick leave, department heads shall have the right to inquire of proper use
of accrued sick leave, make inquiry of the employee as to their ability to perform essential functions
of the job and otherwise request medical information be provided to the supervisor.
404 SICK LEAVE BANK & POST EMPLOYMENT HEALTH PLAN
In order to reach the following goals, the City has implemented this policy.
Promote conservation of sick leave by all employees,
Reward those who do not abuse or are conservative with their sick leave, and
Promote longevity of employees, whereas the City has invested much training in them.
In 1990, the City established individual sick leave banks whereby an employee's unused days over
the 60 day maximum at the end of the calendar year were deposited in the sick leave bank, after
the first 2 days were converted to vacation. From 2001 and thereafter, the employees no longer
accumulated sick days at the end of the year in the sick bank, which will eventually phase out as
those with remaining balances become eligible for full retirement.
The current policy states that all additional, unused, accumulated sick leave above 480 hours for
each employee (above 672 hours for MFD27 department employees), after the first 2 days were
converted to vacation, will be converted to cash at a rate of 35% of the employee's current hourly
rate and deposited in the City's Voluntary Employee Benefit Association (VEBA) Post Employment
Health Plan (PEHP) in that employee's name in the custody of a third party administrator so there is
no outstanding unfunded liability. Upon retirement, the City will add to the employee's
PEHPNEBA/HRA account 35% of their unused Sick Leave of the first 480 hours (672 hours for
MFD27 department employees) plus 35% of any Sick Leave Bank balance.
The balance in the employee's PEHP/VEBA/HRA account is subject to a 20 year eligibility
proration. The percentage of their account that is made available to them at qualified retirement
shall be calculated by adding five percent (5%) for each full year of employment of the individual
employee up to a maximum of one hundred percent or twenty years (100% = 20 years times 5%
each). Employees will be eligible for this benefit after 5 years of continuous City employment and
upon eligible retirement as described below.
To promote longevity, this benefit is available only to employees who obtain one of the following
requirements:
1) They receive full monthly retirement benefits as defined and controlled by the State of Idaho
Retirement System (PERSI) meeting the Rule of 80 or 90 as applicable, or a combination
thereof depending on applicability and as determined by PERSI.
2) They meet the age requirements of a PERSI Service Retirement.
3) The employee is terminated without cause.
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The Sick Leave Bank is not a savings account, nor is it maintained with any specific funding.
Therefore, no interest is earned, nor may any be claimed or drawn upon it.
If the employee does not obtain one of the three requirements above or does not have the full 20
years of employment at qualified retirement, the unearned balance of their accounts will be remitted
back to the City.
Under the above terms of this policy, the City is not responsible to pay the cost of any benefit which
the employee may wish to continue.
*NOTE: The City is not responsible for the payment of benefit costs if an employee elects the
option described below for retiree continuation of benefits. The election of this option and the
continuation of benefits after separation are subject to the availability, terms, and conditions of any
existing plan or benefit sponsored by the City. The City cannot guarantee any benefit will continue
or remain unchanged after an employee separates from service.
405 SHARING OF VACATION AND SICK LEAVE
An employee may donate their excess vacation and/or sick leave to another regular full-time
employee if they, on the date of the donation:
1) have a balance of vacation in excess of 1 day per month for the rest of the calendar year, or
2) have a balance of unused sick leave in excess of the maximum allowed accrual and
3) have worked for the city for at least 5 years, and
4) have completed the city form for such donation, specifying in writing which employee is to be
the receiver.
The recipient, to qualify for the donation:
1) must have expended all their vacation and sick leave, and
2) must be using the donated leave for a condition requiring a doctor's written "excuse" for
absence from work, which written "excuse" is in the possession of the payroll department, and
3) is not terminated from employment, and
4) is not on light duty status, and
5) is not returned to work, and
6) must have worked for the city for at least 6 months, and
7) must not receive more than their base salary during any pay period where donated leave is
used, and
8) is not utilizing donated leave for any days that are being paid for by workman's compensation
or the long term disability insurance provided by the City of Rexburg
The donated leave shall be transferred and used on a first -in -first -out (FIFO) basis in the order that
they are received and determined valid, according to this handbook, by the payroll clerk. All unused
leave shall be returned to the donor(s) once the recipient is ineligible for the donation.
The donor may request, at any time before the donation is transferred by the payroll department,
that the unused remainder of the donation be returned.
The donor may have the option of remaining anonymous.
406 FAMILY & MEDICAL LEAVE (FMLA)
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The City provides family and medical leaves of absence without pay to eligible employees who take
time off from work duties to fulfill family obligations relating directly to the birth, adoption of a child,
or the serious health condition of a child, spouse, parent, or themselves. This leave also is
available for the placement of a foster child.
A serious health condition means an illness, injury, impairment, or physical or mental condition that
involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing
treatment by a health care provider.
In order to be eligible for Family and Medical Leave, employees must have completed at least 12
months of continuous service, and have worked at least 1,250 hours in the 12-month period
immediately prior to a request for family or medical leave.
Employees requesting Family and Medical Leave may be required to provide a physician's
statement verifying the nature of the illness or health condition, its beginning and expected ending
dates, the need for care or to be off work, and the estimated time required for the leave. The City
may request a second medical opinion at it's own expense.
Eligible employees may request up to a maximum of 12 weeks of family leave within any 12-month
period which starts as of the first day of use of Family & Medical Leave. Any combination of family
leave and medical leave may not exceed this maximum limit. Requests for this leave should be in
advance of foreseeable events and as soon as possible for unforeseeable events. Any leave
beyond 25 calendar days should be requested at least 4 weeks in advance. Any lesser period of
leave should be requested at least two weeks in advance. Of course, employees should request
leave as soon as possible for any unforeseeable events.
MILITARY EXCEPTION
Eligible employees may request up to twelve (12) weeks of leave within any 12 month period to
attend to an urgent need (Qualifying exigency) arising out of the fact that the employee, employee's
spouse, parent, son, or daughter is a service member who is "on active duty (or notified of an
impending call or order to active duty) in support of a contingency operation." In accordance with
federal law, this policy also permits a spouse, son, daughter, parent, or next of kin to take up to 26
workweeks of leave within any 12 month period to care for a member of the Armed Forces,
including a member of the National Guard or Reserves, who is undergoing medical treatment,
recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability
retired list, for a serious injury or illness. The 12 month eligibility period begins on the first day that
the leave is taken.
Unless requested to be earlier by the employee, the use of Family and Medical Leave will
automatically start when an eligible employee has been off work due to a qualifying reason,
including the employee's personal illness, for three (3) days or more whether or not those days are
consecutive.
Employees will be required to first use any accrued and eligible paid leave time before taking
unpaid family leave as part of the approved period of Family and Medical Leave. Any paid time off
must be taken before any unpaid time off is allowed, and any paid time off shall be counted towards
the total of 12 weeks granted in this policy.
Married employee couples may be restricted to a combined total of 12 weeks leave within any 12
month period for childbirth, adoption, or placement of a foster child; or to care for a parent with a
serious health condition.
Family and Medical Leave may be taken all at once, on an intermittent basis, or on a reduced -
hours basis, at the discretion of the department. In cases where an employee requests a reduced -
hours leave, the City may temporarily transfer the employee to an alternate position, if available,
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that better accommodates the City's needs in providing an intermittent or reduced -hours schedule.
The alternate position will have equivalent pay and benefits. The City is not required to
accommodate the employee with these types of schedules.
Employees are asked to consider several factors in determining the number of weeks or amount of
time they shall request for Family and Medical Leave. Among those factors are:
The impact to the work environment and their co-workers' job demands
The volume and type of work currently being handled or needing to be completed
The demands of the work load and resulting impact to the work force as a result of the employee's
absence
CONTINUATION OF BENEFITS
Subject to the terms, conditions, and limitations of the applicable plans, the City will continue to
provide health insurance benefits for the full period of the approved family leave on the same basis
that any insurance benefit coverage was in place prior to any leave period. This also means that
when an employee has used all available paid leave, they will still be responsible to make payment
to the City for their normal share of costs of all benefits or insurance programs.
Benefit accruals, such as vacation, sick leave, or holiday benefits, will be suspended during any
unpaid leave and will resume upon return to active employment.
So that an employee's return to work can be properly scheduled, an employee on Family and
Medical Leave is requested to provide the City with at least two weeks' advance notice of the date
the employee intends to return to work. When an employee returns to work without medical
restriction before the end of his or her available FMLA the employee will be reinstated to the same
position, if it is available, or to an equivalent position for which the employee is qualified.
Appointed employees and supervisors may not be returned to their position, or may not be
reinstated, if an economic and severe hardship and loss to the City may be created as a direct
result of the employee's prolonged absence.
If an employee fails to report to work promptly, or fails to provide written clearance by a physician to
work without restriction, on or before the end of the approved leave period, the City will assume that
the employee has resigned. Under circumstances where the employee fails, without cause related
to any medical condition, to report back after the leave period ends, the employee may be required
to reimburse the City for the health insurance premium costs paid on their behalf during any unpaid
leave.
Employees are encouraged to contact their supervisor and department head and make inquiry,
raise concerns, and seek information about Family and Medical Leave without any fear of
retaliation.
WORK RELATED INJURIES
Employees who sustain work -related injuries are eligible and are required to use Family and
Medical Leave for a medical leave of absence for the period of disability in accordance with all
applicable laws covering occupational disabilities. Thus, if an employee is on Workers'
Compensation while Worker's Compensation is paying the eligible employee a medical benefit and
the employee is unable to work, then the City will approve the time away from work for the
employee subject to the same conditions as covered by this or other policies. (See Worker's
Compensation Policy).
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If an employee fails to report to work promptly, or fails to provide written clearance by a physician to
work without restriction, on or before the end of the approved leave period, the City will assume that
the employee has resigned.
407 BEREAVEMENT LEAVE
If an employee wishes to take time off due to the death of an immediate family member, the
employee should notify his or her supervisor immediately.
Up to three days of paid bereavement leave will be provided to regular full-time non-MFD27
employees and introductory full-time employees. For MFD27 employees, 36 hours of leave will be
provided. Bereavement leave must be used within one calendar week of the applicable funeral,
burial or cremation.
Bereavement pay is calculated based on the base pay rate at the time of absence and will not
include any special forms of compensation, such as bonuses or shift differentials.
Approval of bereavement leave by the supervisor or the Department Head will occur in the absence
of unusual operating requirements. Any employee may, with the supervisor's approval, use any
available vacation leave for additional time off as necessary.
The City defines "immediate family" as the employee's spouse, parent, child, sibling, grandparent or
grandchild, or the employee's spouse's parent, child, sibling, grandparent or grandchild. A spouse
of one of the above is treated the same as the above.
DEATH OF MEMBER OF UNIFORMED SERVICES IN LINE OF DUTY
An eligible employee shall be entitled to an additional four days of leave (unpaid), because of the
death of a parent, spouse, son, daughter, or person for whom the employee serves as designated
representative under section 1482(c) of title 10, United States Code, if the deceased died in the line
of duty as a member of the uniformed services. Such leave is intended to permit the employee to
prepare for or attend the burial ceremony of the deceased member of the uniformed services and is
unpaid leave.
408 JURY DUTY
The City encourages employees to fulfill their civic responsibilities by serving jury duty when
required. Regular full-time employees may receive up to 120 hours (168 hours for MFD27
Employees)) of paid jury -duty leave over any two year period. If employees are required to serve
jury duty beyond the period of paid jury -duty leave, they may use vacation benefits or may request
an unpaid jury -duty leave of absence.
Jury duty leave pay will be calculated on the employee's base pay rate times the number of hours
the employee would otherwise have been scheduled to work on the day(s) of absence. An
employee who receives jury duty leave pay from the City is required to turn over to the City any jury
service pay from the court, unless the employee uses accrued vacation leave pay or unpaid leave
in place of the jury -duty leave pay.
Employees must show the jury -duty summons to their supervisor as soon as possible so that the
supervisor may make arrangements to accommodate their absence. Of course, employees are
expected to report for work whenever the court schedule permits.
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Either the City or the employee may request an excuse from jury duty if, in the City's judgment, the
employee's absence would create serious operational difficulties. The City will continue to provide
health insurance benefits for the full term of the jury -duty absence.
Vacation, sick leave, and holiday benefits, will continue to accrue during jury -duty leave.
409 WITNESS DUTY
The City encourages employees to appear in court for witness duty when subpoenaed to do so. If
employees have been subpoenaed as witnesses by the City, they will receive paid time off for the
entire period of witness duty.
Regular full-time employees will be granted a maximum of 40 hours (56 hours for MFD27
employees) of paid time off over any two year period to appear in court as a witness at the request
of a party other than the City. Witness -duty leave pay will be calculated on the employee's base
pay rate times the number of hours the employee would otherwise have been scheduled to work on
the day(s) of absence. An employee who receives witness -duty leave pay from the City is required
to turn over to the City any compensation received from the court or other party for their witness
service, unless the employee uses accrued vacation leave pay or unpaid leave in place of the
witness -duty leave pay.
The subpoena should be shown to the employee's supervisor immediately after it is received so
that operating requirements can be adjusted, where necessary, to accommodate the employee's
absence. The employee is expected to report for work whenever the court schedule permits.
410 MILITARY LEAVE
CITY BENEFITS
A military leave -of -absence will be granted to regular full-time employees to attend scheduled drills
or training or if called to active duty with the U.S. armed services.
Upon presentation of satisfactory military pay verification data, employees will be paid the
difference between their normal base compensation and the pay (excluding expense pay) received
while on military duty. The portion of any military leaves -of -absence in excess of three (3) calendar
weeks will be unpaid. However, employees may use any available vacation leave or compensatory
time for the absence. (See 505 On -Call Compensatory Time policy in this Handbook.)
Subject to the terms, conditions, and limitations of the applicable plans for which the employee is
otherwise eligible, health insurance and leave benefits will be provided by the City for the term of
the military leave of absence up to three (3) calendar weeks.
For the purpose of this policy, the employee shall be considered as being on an inactive status, but
still an employee, during the three (3) calendar weeks of leave in which accruals continue.
Employees on two -week active duty training assignments or inactive duty training drills are required
to return to work for the first regularly scheduled shift after the end of training, allowing reasonable
travel time. Employees on longer than three (3) calendar weeks per year of military leave must
apply for reemployment in accordance with all applicable state and federal laws.
Every reasonable effort will be made to return eligible employees to their previous position or a
comparable one. They will be treated as though they were continuously employed for purposes of
determining benefits based on length of service, such as the rate of vacation accrual and job
seniority rights.
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UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)
NOTICE
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) is a
federal law which gives members and former members of the U.S. armed forces (active and
reserves) the right to go back to a civilian job they held before military service.
Who gets USERRA protection? You probably qualify for USERRA protection if you meet all five of
these tests:
1. Job. Did you have a civilian job before you went on active duty? All jobs are covered, unless your
employer can prove the job was truly a temporary position. USERRA applies to all private
employers, state governments, and all branches of the federal government.
2. Notice. You (OR A RESPONSIBLE OFFICER FROM YOUR MILITARY UNIT) MUST GIVE
ADVANCE NOTICE TO YOUR EMPLOYER BEFORE LEAVING FOR ACTIVE DUTY. Notice can
be oral or in writing, but you can best protect your rights by sending a letter by certified mail, or
having your employer sign your copy of your letter, acknowledging receipt.
3. Duration. You can be gone from your civilian job for up to five years (total). Any absences from
your employer protected under the previous law (VRRA) count towards your total. Most periodic
and special Reserve and National Guard training does not count towards your five year total.
4. Character of service. If you are discharged, you must receive an honorable or general discharge.
This test does not apply if you remain in the reserve component, but your employer can still require
some proof from your unit that your period of service was honorable. A letter from your commander
will suffice.
5. Prompt return to work. If you were gone up to 30 days, you must report back to the first shift
which begins after safe travel time from your duty site plus eight hours to rest. If you were gone 31
to 180 days, you must apply in writing for work within 14 days after completing military service. If
you were gone 181 days or more, you must apply in writing for work within 90 days. Tell your
employer you worked there before, and you left for military service.
You are entitled to protections both while you are gone and when you return to work.
1. Health insurance during service. If you ask for it, your employer must continue to carry you and
your family on the company health plan for up to 30 days of service, at the normal cost to you.
TRICARE does not cover family members for tours of 30 days or less. You can get up to 18 months
of coverage, but your employer can pass on the full cost (including the company's share) on to you.
2. Prompt reinstatement. You get your job back immediately if you were gone 30 days or less. After
longer service, you must get your job back within a few days.
3. Status and Seniority. For purposes of status, seniority, and most pension rights (including pay
rate) you are treated as if you never left for military service, If your peers got promotions or raises
while you were gone, you do too.
4. Training and other accommodations. Your employer must train you on new equipment or
techniques, refresh your skills, and accommodate any service -connected disability.
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5. Special protection against discharge other than for cause. If you are fired within a protected
period, your employer must prove the firing wasn't because of military service. Your protected
period varies with how long you were gone.
6. Immediate reinstatement of health benefits. You and your family may choose to go back on the
company health plan immediately when you return to your civilian job. There can be no waiting
period and no exclusion of pre-existing conditions, other than for VA -determined service -connected
conditions.
7. Antidiscrimination provision. USERRA prohibits discrimination based on military service or military
service obligation.
8. Other benefits. USERRA guarantees you certain rights. It does not eliminate any other benefits you
may have from state law, contract, or collective bargaining agreement.
411 EXEMPT EMPLOYEE TREATMENT OF LEAVE
Most Exempt Employees, and especially Department Heads, often have to work over 50 hours per
week in order to accomplish their responsibilities. Exempt employees (See 204 Employment
Categories) under the Federal Labor Standards Act (FLSA) are generally expected to work at least
40 hours per calendar week and do not receive overtime pay for extra hours worked.
When an exempt employee works part of a day, by FLSA rules they do not have to report any leave
taken. However, when they are gone for a full day when they were scheduled to work, one day's
leave should be deducted from their applicable leave balance, or their paycheck if there is no
applicable leave available. Any time off of a scheduled workday should be pre -approved by that
employee's supervisor.
When an Exempt employee works a non-scheduled day for at least 4 hours, they may submit
documentation of that to the Human Resource Department and receive an additional day of vacation
for that day. This time should only be worked with approval from the Department Head.
All Exempt employees should report any days off to the Human Resource Department using the City
Leave Report.
The Exempt employee will not file a timesheet, unless requested by the supervisor.
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500 PAYROLL CALCULATION AND TIME SCHEDULES
501 TIME KEEPING
Accurately recording time worked is the responsibility of every nonexempt employee. Federal and
state laws require the City to keep an accurate record of time worked in order to calculate employee
pay and benefits. Time worked is all time actually spent on the job performing assigned duties.
Nonexempt employees (See 204 Employment Categories in 200 Records & Status) should accurately
record the time worked each day. They should also record the beginning and ending time of any split
shift or departure from work for personal reasons. Overtime work must always be approved before it is
performed.
The beginning and end of the employee's work week or period is listed on available time sheets or
other time record. All hours worked and paid leave taken must be recorded on one time sheet or
record for each pay period.
All time sheets are to be signed and submitted to the appropriate supervisor at the beginning of the
next shift worked immediately following the end of the pay period. Thus, when a pay period ends at
the end of a week, the time sheet for that period shall be turned in not later than the next Monday
morning, or the next business day in the event that Monday is a legal holiday. Some pay checks may
include compensation for more than one pay period, depending on the employee's designated pay
period.
Altering, falsifying, or tampering with time records, as well as recording time on another employee's
time record may result in disciplinary action, up to and including termination of employment.
Nonexempt employees should report to work no more than five minutes prior to their scheduled
starting time nor stay more than five minutes after their scheduled stop time without expressed, prior
authorization from their supervisor.
It is the employee's responsibility to sign his or her time record to certify the accuracy of all time
recorded. The supervisor will review and then initial the time record before submitting it for payroll
processing. In addition, if corrections or modifications are made to the time record both the employee
and the supervisor must verify the accuracy of the changes by initialing the time record.
MFD27 employee traded time will not be recorded on the time sheet, but must be recorded on the
daily log and paid back by the end of the calendar year.
Supervisors should review, sign (if correct), and turn in the time sheets to the payroll department the
same day they receive them. If the supervisor is not available to do this, they should assign someone
else to review the timesheets for them when they are turned in. The substitute reviewer will sign or
initial below the line for the department head's signature and the department head will review and sign
the sheets upon their return to work.
Electronic Time keeping Systems
The use of electronic time keeping systems, such as Jantek, may be approved by department heads
and the Mayor. Where approved, all non-exempt employees will be required to record their time
utilizing the designated electronic timekeeping clock.
In instances when a mistake is made or an employee cannot log the time utilizing the time clock, such
as with the use of vacation, sick, or other types of time -related adjustments, an employee will be
required to report the exceptions on an exception log. An exception log must be signed by the
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employee and approved by their supervisor or the department head before the changes can be made
to the employee's time records.
Each week, a copy of the employee's time and attendance report will be made available to the
supervisor or department head and employee for review. Approval of the time report will not be
required by the employee, however, if mistakes are identified they should be brought to the attention
of the Payroll Clerk immediately and corrections should be made on the exception log if necessary.
Approval of the time reports is required by supervisors or department heads. Approval of timecards is
acceptable via electronic mail or with an actual signature on the time and attendance report.
In the event that timesheets are late getting to the payroll department due to the employee's
error, the missing hours may be withheld from that employee's paycheck until the next payroll.
502 PAYDAYS
Paydays are on the 15th and the last day of the month. For full-time employees, each paycheck will
include base pay earnings for timesheets ending by the 7th and 22nd to be paid by the15th and end of
the month respectively. MFD27 and Police employees, who are on a 27 or 28-day pay period
respectively, will be advanced half their monthly salary on those pay days where no time sheets can
be turned in.
Over -time and part-time hours earned will be paid on the first payday after the timesheet is properly
signed and submitted to the payroll clerk and if the timesheet ends by the 71h or 22"d day of the month.
Otherwise, it will be paid on the next payday.
In the event that a regularly scheduled payday falls on a weekend or holiday, employees will receive
pay on the regular business day before the regularly scheduled payday, which may exclude the
payment for time sheets that end less than 8 days before the payday.
503 PAY RATE CALCULATION
The City has a compensation plan which is used to determine the pay grade and salary range within
specific limits, and for each employee's position. The pay grade assigned is based on many factors,
some of which include: required level of education and experience, degree of independent judgment
involved, nature and type of positions supervised (if any), nature and scope of work involved, pay
scales of similar positions in local businesses and/or other cities in the state.
The compensation plan provides information about each employee's salary based on an annual gross
amount. Additionally, the salary is broken down on a monthly, semi-monthly (which is commensurate
with the City's pay periods), equivalent hourly, and even an overtime pay rate.
The equivalent, hourly pay rate for any position is determined by dividing the annual salary listed in the
plan by the full-time hours of work available on an annual basis. For MFD27 department employees,
the full-time, annual hours of work available are 2912 hours. For most other employees, the full-time,
annual hours of work available are 2080 hours.
Employees may request and review compensation information about their own jobs by contacting the
Human Resource Department. Supervisors may review the compensation plan information for their
own staff or subordinates upon request.
504 WORK SCHEDULES
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504.1 FOR POLICE AND MFD27 EMPLOYEES.
The City has adopted the Federal Fair Labor Standards Act (F.L.S.A.) Section 207 (k) Exemption with
respect to the payment of compensation for qualifying police officers and MFD27 employees.
All MFD27 employees are on a 27-day, 216-hour schedule, with their base pay rate paid for the first
216 hours worked and one-half ('/2) straight -time pay added to the base pay rate for hours over 204
and up to 216. Over -time pay is added for hours worked over 216.
All non-exempt Police officers are on a 28-day, 160-hour schedule with base rate paid for the first 160
hours worked and straight -time base rate added to the base rate for hours worked over 160 and up to
171. Overtime pay is added for hours worked over 171.
504.2 FOR MOST OTHERS
Most other employees are on the standard 40 hour per week pay period. These hours of work and
work periods are not the same as the semi-monthly pay period.
The normal work schedule for all employees working in non -safety departments and non -emergency
jobs or positions is eight hours a day, five days a week. This schedule is designed to allow for 5 days
of work in a normal 7-day week.
Water, Wastewater and Street Department employees are required to be on call from time to time after
normal business hours on weekdays and weekends. (See also 505 On -Call Compensatory Time
below.)
Supervisors will advise employees of the times their schedules will normally begin and end. Staffing
needs and operational demands may necessitate variations in starting and ending times, as well as
variations in the total hours that may be scheduled each day and week.
Employees who are exempt receive no over -time payments. (See 204 Employment Catapories in
Emplovee Handbook 200 Records & Status (v.2))
504.3 ALTERNATE WORK SCHEDULES
Department Heads, with the approval of the Mayor, will have the option of instituting a non-traditional
work schedule if such is considered advantageous to that department. The City Council must be
notified of any changes in work schedules. Any proposed non-traditional work schedule cannot
generate additional overtime beyond the normal work schedule.
505 ON -CALL & COMPENSATORY TIME
505.1 ON -CALL TIME
The City provides additional compensation or paid time off in lieu of compensation, for certain
employees who are required to be available for a call back to work during times when they are
otherwise not scheduled for work (otherwise referred to as comp time).
Subject to the terms and conditions of this policy, the City provides comp time for on -call work
performed by MFD27, Water, Wastewater and Street Department employees, who are directed and
approved to be on call. The City provides that Water, Wastewater and Street employees shall accrue
four (4) hours of comp time for any weekend during which the employee is on call (2 hours for
Saturday and 2 hours for Sunday). They shall also accrue four (4) hours of comp time for any holiday
on call. No other comp time is provided for any on -call time spent during holidays or after regularly
scheduled working hours during the work week. When completing routine rounds on a week day, a
minimum of two hours will be paid to water and wastewater employees.
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All time actually worked as the result of being called back to work while on call, or when doing rounds,
shall be paid with a minimum of 2 hours per call out to Water, Wastewater and Street Department
employees and 1 hour to MFD27 employees. If the rounds are more than once per day, the
supervisor may combine the two 2-hour time allotments. A second call out while already working is
considered a part of the original call -out so that an additional 2 hour minimum does not apply. Time
will be calculated from the beginning of the first call to the end of the second call. If such time is
overtime, then overtime pay rates shall apply. (See 506 Overtime policy below.)
With one exception, all comp time shall be paid when earned. Comp time is required to be reported
on the applicable time sheet, subject to the 501 Time Keeping policy found in the beginning of this
section.
The exception to the payment of comp time shall be that any eligible employee wishing to save their
comp time to offset against the loss of income during military leave periods, may accrue comp time up
to a maximum, or "cap", of 240 hours of equivalent, straight -time hours. The payment of comp time
when taken at a later time during military leave shall be based on the equivalent, hourly pay rate in
effect at the time of its use. The employee must be an active member of the military or its reserves to
qualify for comp time accumulation.
505.2 COMPENSATORY TIME USAGE FOR MFD
MFD comp -time can be accrued in lieu of payment during any 27-day period, provided the hours will
be accumulated only after a full 216 hours has been worked. Comp -time may only be accrued up to
96 hours total.
Comp-time/vacation hours must be used prior to December 315` of the year within which they are
accrued, unless requests for leave are denied during the month of December, in which case, with prior
approval of the Chief, the vacation hours may be carried into the next calendar year. Comp -time, if not
used in the current year, is to be cashed out at year's end.
506 OVERTIME
When operating requirements or other needs cannot be met during regular working hours, employees
will be given the opportunity to volunteer for overtime work assignments. Where adequate coverage is
not met through volunteer solicitation, supervisors and Department Heads shall then assign such
overtime as necessary. All overtime work must receive the supervisor's prior authorization. Overtime
assignments will be distributed as equitably as practical to all employees qualified to perform the
required work.
Overtime compensation is paid to all nonexempt employees who are not MFD27 or police employees
in accordance with Federal law at one and one-half times straight -time, or regular rate of pay for all
hours worked over 40 in a pay period (7 days). Police and MFD27 employees have overtime
calculated and compensated at different rates listed below. (See also 504.1 Work Schedules above
for Police & MFD27 employees.)
Compensatory time off work in lieu of pay, which is usually not allowed, is calculated on the basis of
one and one-half times straight time, or regular, rates for overtime otherwise worked. (See 505 On -
Call Compensatory Time above.) Non-exempt Police and MFD27 employees have overtime
calculated and are compensated at different rates listed below.
Overtime compensation is paid to all MFD27 employees based on a 27-day work period. The base
pay rates for these employees include the overtime pay rates of one-half their straight time pay rate in
addition to their base pay for hours worked over 204 and up to 216 in a 27-day period. Additional
overtime compensation is calculated and paid on the basis of time and one-half of their regular hourly
rate for hours worked beyond 216 hours during the 27-day period.
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Overtime compensation is paid to non-exempt Police officers based on a 28-day work period. These
employees are paid additional, straight time pay for hours worked over 160 and not more than 171 in a
28-day period. Overtime pay, calculated on the basis of time and half of their regular hourly base rate,
is paid for hours worked in excess of 171 hours in a 28-day work period.
As required by law, overtime pay is based on actual hours worked. Time off on sick leave, vacation,
on -call time, comp time, or holiday hours not actually worked or any leave of absence will not be
considered hours worked for calculation of overtime.
Failure to work scheduled overtime or working overtime without proper supervisory approval may
result in disciplinary action up to and including possible termination of employment.
607 REST AND MEAL PERIODS
EXEMPT EMPLOYEES
This policy on Rest and Meal Periods does not apply to employees who are classified exempt under FLSA. (See
204 Employment Categories.)
POLICE PATROL OFFICERS AND MFD DEPARTMENT EMPLOYEES
Police Patrol Officers, due to the unpredictability of the timing or duration of breaks, are paid for their full
scheduled shift when on duty, regardless of breaks taken.
Supervisors of Police Patrol Officers shall monitor breaks according to Police Department policy.
MFD Department employees are paid for their full scheduled shift when on duty, regardless of breaks taken,
unless that break qualifies as unpaid as described below.
ALL OTHER EMPLOYEES
During each workday, other full-time employees are generally provided with two rest periods of 15 minutes in
length and an unpaid meal period. To the extent possible, rest periods will be provided in the middle of work
periods. Since rest periods are counted and paid as time worked, employees must not be absent from their work
stations beyond the allotted rest period time. Extra time taken on breaks will be unpaid time. The break period
should be a continuous period of time that is not used for the benefit of the City and not interrupted by City work.
Under no circumstances can rest periods be used at the beginning or end of the work day.
Supervisors and Department Heads shall, within this policy, direct their respective employees in the scheduling,
duration and limitation of breaks and/or meal periods to accommodate operating requirements and safety. There
are occasions where immediate need and public service demands do not, or cannot, allow for rest periods.
Likewise, meal periods may vary from time to time depending upon work load demands and staffing
considerations.
DEFINITION OF AN UNPAID BREAK
Unpaid meal or break periods must follow FLSA rules, which state that those periods must be at least 30
minutes long, uninterrupted by City work, and the primary benefit of the time spent be for the employee and not
for the City. Any break of less than 30 minutes must be paid. Any break that is uninterrupted by City work, that
primarily benefits the employee, and that is 30 minutes or longer will not be paid.
At the Department Head's discretion, an employee may be allowed to combine the two 15 minute breaks into
one break of 25 minutes or less to be used for a lunch break that will be considered paid time.
For employees scheduled for an 8 hour work day, any lunch break must be started within a period of time that is
between 2 and 6 hours after the start of their work day. For employees scheduled for a 10 hour work day, any
lunch break must be started within a period of time that is between 3 and 7 hours after the start of their work day.
SAFETY
Department Heads should consider the safety needs of the employee and department before allowing
employees to not take rest or meal periods at their normal times. Eating while driving or operating City vehicles
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or equipment is not allowed; City vehicles must be safely parked when the driver is consuming food or
beverages, except for drinking legal beverages in cars and pickups.
508 PAY ADVANCES (money paid before a regular pay day)
In the event of a personal emergency, employees may submit a written request for a pay advance to
their supervisor or their Department Head, indicating the nature of the emergency involved. The
Department Head will present the request to Payroll Department. Pay advances are limited to two (2)
per calendar year.
If a regular payday falls during an employee's vacation, the employee may receive his or her earned
wages before departing for vacation if a written request is submitted at least three working days prior
to departing for vacation.
No pay checks, pay advances, or partial pay checks will be given when applicable time sheets or other
necessary and completed paperwork is not turned in at least two (2) days before the regular pay day.
Advances must be paid back to the city in the next paycheck unless otherwise approved by the Mayor
or Chief Financial Officer.
509 ADMINISTRATIVE PAY CORRECTIONS
The City takes all reasonable steps to assure that employees receive the correct amount of pay in
each paycheck and that employees are paid promptly on the scheduled payday.
In the unlikely event that there is an error in the amount of pay, the employee should promptly bring
the discrepancy to the attention of the Payroll Department so that corrections can be made as quickly
as possible.
Once under -payments are identified, they will be corrected in the next regular paycheck.
Overpayments will also be corrected in the next regular paycheck unless this presents a burden to the
employee (where there is a substantial amount owed). In that case, the City will attempt to arrange a
schedule of repayments with the employee to minimize the inconvenience to all involved.
510 PAY DEDUCTIONS AND SET -OFFS
The law requires that the City make certain deductions from every employee's compensation. Among
these are applicable Federal and state income taxes. The City also must deduct Social Security taxes
on each employee's earnings up to a specified limit that is called the Social Security "wage base." The
City matches the amount of Social Security taxes paid by each employee.
The City allows employees to participate in programs and benefits beyond those required by law.
Eligible employees may voluntarily authorize deductions from their pay checks to cover the costs of
participation in these programs. The City offers a Deferred Compensation [401 (k)] Plan (see 305
Retirement Plans and Deferred Compensation (401(k)) Plan in 300 Benefit Programs).) to eligible
employees as well as a Cafeteria Plan (see 306 Cafeteria Plan in 300 Benefit Programs).
Employees with questions concerning why deductions were made from their pay check or how they
were calculated may contact the Payroll Clerk for more information.
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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.
City of Rexburg
511 TRAVEL AND TRAINING TIME
Employee Handbook
All training must be pre -approved by the Department Head in order to receive reimbursement for travel
and other costs (see 606 Business Travel Expenses in 600 Work Conditions & Environment), and time
off of normal work schedules. Employees may choose to pay for training on their own time.
Travel time and training time are not considered worked time for the FLSA overtime calculations,
except for the time that the employee is driving the vehicle that transports other city employees to the
training location. However, the employee shall be held harmless up to their scheduled shift amount of
hours, for any hours not worked on that shift, when the travel or training arrangements require the
employee be absent from the workplace.
511.1 Non-MFD27 Employees
When an employee, who is attending pre -approved training, and is scheduled at the end of the training
to return to Madison County before the last three hours of their scheduled shift, they must report to
work within one hour of when they were scheduled to return. If they were scheduled to return after the
last three hours of their scheduled shift, they will be compensated for the remainder of their shift
without having to work it.
511.2 MFD27 Employees
When an employee is attending pre -approved training and is scheduled at the end of the training to
return to Madison County before midnight of their scheduled shift, they must report to work within one
hour of when they were scheduled to return. If they were scheduled to return after midnight of their
scheduled shift, they will be compensated for the remainder of their shift without having to work it.
City of Rexburg
600 WORK CONDITIONS & ENVIRONMENT
601 SAFETY
Employee Handbook
To provide a safe and healthful work environment for employees, customers, and visitors, the City has
established a workplace safety program. This program is a top priority for the City. The Department
Heads have responsibility for implementing, administering, monitoring, and evaluating the safety
program. Its success depends on the alertness and personal commitment of all.
The City provides information to employees about workplace safety and health issues through regular
internal communication channels such as supervisor -employee meetings, bulletin board postings,
memos, or other written communications.
Employees and supervisors receive periodic workplace safety training. The training covers potential
safety and health hazards and safe work practices and procedures to eliminate or minimize hazards.
Each employee is expected to obey safety rules and to exercise caution in all work activities.
Employees must immediately report any unsafe condition to the appropriate supervisor. Employees
who violate safety standards, who cause hazardous or dangerous situations, who fail to report, or
where appropriate, who fail to attempt to remedy such situations, may be subject to disciplinary action
up to and including termination of employment.
602 RISK MANAGEMENT GUIDELINES
All employees have responsibility for observing established basic safety measures. Generally, there
are three areas within the City's facilities and the work place where safety is a concern:
1) the immediate job task or function in which an employee is engaged;
2) the immediate working environment in which an employee is placed to perform and function; and
3) the general facility environment in or through which the employee works, moves, or is influenced.
The City has set forth the following as general guidelines under and around which employees and
supervisors are expected to work and perform their job functions safely and properly. Since these are
only guidelines, the City reserves the right to develop training programs, written directives, and other
detailed procedures with which to enforce and expand upon these general policy guidelines.
Immediate Job Task/Function
When dealing with the first area of safety concern in the workplace, employees need to be aware that
safe work practices will insure their own safety by lessening the likelihood of injury to themselves and
provide for the safety of others, both fellow employees and members of the public. All employees are
expected to work in a manner which will help protect themselves from undue back strain, improper
bending or lifting, unsafe or improper use of equipment or operational requirements. This includes the
use of protective wear (e.g. gloves, goggles, face masks, and helmets) when working in and around
chemicals and/or equipment where such protective wear is required.
All employees are expected to keep their own work environment organized and free of unnecessary
clutter, spills, or exposure(s) to hazardous chemicals, vapors or materials, except where such
exposure is limited to the completion of a task or job function.
Immediate Working Environment
When working with the City, or at any designated work site, and in the performance of job tasks or
functions, all employees are responsible to keep the general working environment or area free from
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unnecessary risk to their own and others safety and health. All employees are directed to report to
their own or the nearest supervisor, whichever is most accessible, any unsafe or potentially unsafe
condition or circumstance with respect to their general working environment.
By way of an example of proper reporting requirements, if a floor is observed to be wet and/or slippery,
the employee making such an observation has a duty to communicate that knowledge or perception to
the nearest and most accessible supervisor right away. Likewise, if an employee notices any noxious
smells, vapors, noise or conditions which are not normal or usual, such should be communicated right
away to the nearest and most accessible supervisor.
General Work Environment
All employees also have a duty and obligation to inform the immediate and/or most accessible
supervisor or the Public Works Director or Chief Financial Officer or Mayor right away of any
observation or knowledge of any unsafe or potentially dangerous circumstance, smell, vapor, noise or
event. Likewise, all employees are responsible for acting in a manner which shall prevent the
occurrence of any unsafe or potentially unsafe condition of any City facility, area or building where
they, or others work.
By way of an example of proper reporting requirements, if an employee notices an icy walkway outside
any city buildings or property, that is near to or surrounds the area where others may walk or work, the
employee has a responsibility to report that information immediately.
602.1 SAFETY BARRIERS
Every employee who is working on a job within the public right-of-way is held responsible to ensure
that safety cones or barriers are properly placed before any work is started, unless it is impractical due
to emergency situations. Slow moving vehicle signs, blinking yellow lights and other safety equipment
should also be there, but are not enough. Also, work being done within a crosswalk is not exempt
from this procedure, neither are small or quick jobs.
Employee and public safety is our first concern. Second, large financial burdens accrue against the
City when we do not use proper safety precautions in the workplace.
Any employee not following and/or enforcing the above procedure shall be subject to disciplinary
action including possible discharge.
603 USE OF CITY EQUIPMENT AND VEHICLES
Equipment and vehicles essential in accomplishing job duties are expensive and may be difficult to
replace. When using property, employees are expected to exercise care, perform required
maintenance, and follow all operating instructions, safety standards and guidelines, and possess the
proper driver's license to operate such equipment. All employees are required to adhere to all of the
federal and state laws pertaining to driving. Idaho law requires all occupants to wear safety belts
and/or shoulder straps when riding in a motor vehicle equipped with these devices by the factory.
Safety belts also help drivers maintain control of their car on winding or rough roads or when trying to
avoid a collision.
Please notify the supervisor if any equipment, machines, tools, or vehicles appear to be damaged,
defective, or in need of repair. Prompt reporting of damages, defects, and the need for repairs could
prevent deterioration of equipment and possible injury to employees or others. Employees should fill
out maintenance reports and follow department policies as to equipment maintenance. The supervisor
can answer any questions about an employee's responsibility for maintenance and care of equipment
or vehicles used on the job.
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The improper, careless, negligent, destructive, discourteous, illegal, or unsafe use or operation of
equipment or vehicles, as well as excessive or avoidable traffic and parking violations, can result in
disciplinary action, up to and including termination of employment. This includes the operation of city
vehicles or equipment while under the influence of alcohol, illness, fatigue, injury, illegal drugs or legal
drugs that affect an employee's ability to drive.
Department Heads are required to obtain and retain a copy of each employee's valid driver's license at
least once per year (preferably in January of each year) if that employee drives a city or personal
vehicle while on duty. Each such driver shall participate in vehicle safety and defensive driving training
as required by their department.
The driver of a city vehicle, or any other vehicle being used for city business, is prohibited from using a
mobile communication device, cell phone or computer of any type to initiate a call or text requiring use
of the devices key pad, while the vehicle is in motion. Drivers must be safely parked before using
phone or mobile computer equipment, for other than voice communications. A mobile communication
device is defined as "a text messaging device or a wireless, two-way communication device designed
to receive and transmit voice or text communication". This does not apply to work -related two-way
radios. Exception: Sworn law enforcement officers may use mobile communication devices in specific
tactical situations as allowed by their department.
Eating while driving or operating City vehicles or equipment is not allowed; City vehicles must be
safely parked when the driver is consuming food or beverages, except for drinking legal beverages in
cars and pickups.
Certain employees may use city vehicles while on and off the job. This is at the convenience of the
City, as the employer, and as an aid in the performance of their jobs. Employees on call after regularly
scheduled hours of work may be provided a city vehicle to take home. Other employees, who are
allowed the use of City vehicles both on and off the job, are given this benefit due to the nature of their
work and service to the City.
Positions that are permitted by the City Council to take a City vehicle home, subject to Department
Head approval:
Police Officers
Madison Fire Department Chiefs
Public Works Department employees on call
Public Works Foremen
Parks Foreman and Assistant Foreman
Building Inspectors
These positions are also allowed to have family members ride in the vehicle and do personal business
in the vehicle when the employee is on call.
Employees are prohibited from allowing any non -employee (e.g., family members, friends, etc.) to
drive or be driven in a City vehicle, except for authorized out-of-town travel, emergency situations,
people with whom the employee is doing City business, or except as approved by the City Council and
following department policy. Otherwise, employees are prohibited from using any City vehicle for
personal use. Employees are subjecting themselves to disciplinary action by the city as well as
substantial personal liability when they do not adhere to this policy.
All transportation of non -employees in City vehicles and personal use of City equipment shall be
subject to prior authorization by the Mayor.
The City maintains third -party liability and property damage insurance coverage. Employees who drive
their personal vehicles on agency business are subject to the requirements of this policy including:
1) Maintaining auto liability insurance with minimum state limits.
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2) Providing proof of liability insurance to the Finance Dept. on an annual basis.
3) Maintain vehicle in a safe operating condition when driven on agency business.
All employees using a City vehicle for commuting to and from work must use one of the following
methods to determine the value of that specific commuting use. That value is required to be added to
the employee's reportable, taxable income for federal and state income tax purposes.
The $3.00 Per day Rule:
This is only usable when all personal use is limited to commuting only. This rule requires no
records be kept except for days when commuting does not occur, such as when an employee is
on vacation or is sick. The number of days used for personal use during the calendar year is
multiplied by $3.00 and the resulting product is that amount reported as taxable income.
EXAMPLE: An employee has 260 working days, less 27 days during the year for vacation and
holidays. The difference of 233 commuting days is multiplied by $3.00 (per day) and the total of
$699.00 per year is the reportable income for the employee.
The Standard Mileage Rate:
This is applied when a vehicle must be used for city business over 50% of the time. Under this
rule, the vehicle must be driven at least 10,000 miles during any year.
Records of actual dates and the number of miles driven for personal use each day are required
to be kept. The annual number of personal miles is multiplied by the current I.R.S. mileage rate
then in effect for that reporting year. The resulting product is the amount the employee must
report as taxable income for the year.
604 ACCIDENT PROCEDURE
Whenever an accident occurs in which a City employee is involved or to which they are a witness,
while driving a City vehicle or while conducting or in the process of performing any work or service for
the City, the following procedures and rules shall apply:
Employees should first determine if any party involved in an accident has been injured. They next
should assist any injured party and further act to insure that any injured party receives prompt and
appropriate medical attention.
Employees should notify their supervisor and the law enforcement dispatcher and request any
assistance needed. This includes the proper notification that an accident has occurred and
cooperative action to comply with law enforcement officials investigating the accident, which includes
remaining at the scene of the accident and, if necessary, protecting the scene of the accident from
further safety hazards.
Employees are required to promptly complete an "Accident Report" form, as provided by the
Treasurer. This is in addition to any legally required reports for law enforcement or insurance
purposes, such as Workers' Compensation coverage or personal injuries (See 304 Workers'
Compensation Insurance in 300 Benefit Programs).
The Financial Management Department shall initiate all reports to the City's insurance company.
Involved employees are expected to cooperate fully with the City's insurance agent, adjuster,
investigator, and other representative(s).
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The City is committed to a program of risk management which involves appropriate investigation,
action, and follow-up with respect to accidents, injuries, and events involving unsafe acts or conditions
of work. This program includes vehicle accident investigations, review, and follow-up, and
investigation and action with respect to traffic violations and citations involving city vehicle use
(whether such use was direct work use or personal use). (See 602 Risk Management Guidelines,
and 603 Use of City Equipment & Vehicles.)
Whenever an investigation discloses that an employee was at fault in a traffic accident, violation, or
citation event, the supervisor shall review the employee's work safety and work performance record.
Appropriate disciplinary action shall occur, and such may include, but not be limited to, the withholding
of an otherwise eligible wage adjustment for up to one year. Additionally, the supervisor may take
other disciplinary action, and depending on the nature of the circumstances involved in any accident or
citation/violation, discipline could include suspension, transfer, and even termination.
The Police Department shall give citations to City employees under the same circumstances that
would warrant one to be given to any other citizen.
605 EMERGENCY CLOSINGS
At times, emergencies such as severe weather, fires, power failures, or earthquakes, can disrupt City
operations. In extreme cases, these circumstances may require the closing of a work facility as
declared by the Mayor or City Council. In the event that such an emergency occurs during non-
working hours, local radio and/or television stations will be asked to broadcast notification of the
closing.
When operations are officially closed due to emergency conditions, the time off from scheduled work
will be paid. Employees in essential operations may be asked to work on a day when operations are
officially closed. In these circumstances, employees who work will receive, besides their hours
worked, extra hours on their time sheet as un-worked hours to the amount that City Hall is closed
during its regular business hours. If no closing is officially declared, employees unable to come to or
stay at work must use vacation leave or be unpaid for the hours missed.
606 CITY BUSINESS TRAVEL
The City will reimburse employees for reasonable City business travel expenses incurred while on
assignments away from the normal work location. All City business travel must be approved in
advance by the Department Head. All overnight travel must be pre -approved by the Mayor.
Employees, whose travel plans have been approved, are responsible for making their own travel
arrangements and are expected to limit expenses to reasonable amounts.
When approved, the actual costs of travel, lodging, and other expenses directly related to
accomplishing City business travel objectives will be reimbursed by the City.
All travel advance requests should be submitted to Accounts Payable immediately when the plan is
made to travel. Do NOT wait until you go. To make sure you get the money before you go, it should
be submitted to Accounts Payable one week prior to the City Council meeting that is prior to the week
that you need the check. Submittal one month prior to needing the check will usually fulfill this
requirement, but submit sooner, if you know sooner that you are going.
No entertainment costs will be reimbursable, unless it is part of a program for all attendees at a
convention or conference (like dinner at a museum) and does not conflict with Section 701 Employee
Conduct and Disciplinary Action.
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A. MEALS REIMBURSEMENT shall be based upon the per diem rates as set forth by the IRS. Meals
for partial day travel shall be reimbursed according to the following schedule:
Breakfast - Depart prior to 8:00 am - 30% of the daily per diem rate.
Lunch - Depart prior to 12:00 noon and return after 2:00 pm - 27%
of per diem.
Dinner - Return after 5:00 p.m. - 43% of the daily per diem rate.
Receipts are not required to claim reimbursement for meals when the per diem method is used.
The cost of meals exceeding the allowance will not be reimbursed, unless the meals served to
individuals is a part of the program presented as a part of the function being attended, which will
be paid at actual cost. In that case, documentation substantiating the cost must be provided. No
alcoholic beverages may be included in the request for reimbursement or charged to the City's
account.
B. MOTEL ROOM COST REIMBURSEMENT shall be for the regular room rate for a single individual,
plus applicable taxes. Motel room charges for additional people shall not be reimbursed by the
City. Phone charges at the motel shall only be paid by the City if they are business related.
C. MILEAGE OR TRANSPORTATION REIMBURSEMENT shall be based upon the rate set forth by
the IRS. Due to similar total costs, it is the choice of the employee whether to travel by air or by
car within the State of Idaho and to Salt Lake City.
Travel Stipend: The purpose of the travel stipend received by the Mayor and Council,
as a part of their paycheck, is to offset any transportation costs within Madison County.
Reasonable parking fees, tolls, taxi charges, car rentals, and expenses of a similar nature
when appropriate to the travel, are reimbursable to the employee upon submission of
documentation substantiating the cost.
D. AIR FARE: Air fare shall be reimbursed in full, but is limited to the least expensive fare possible.
Any frequent flyer miles earned will be the property of the employee. When traveling by common
carrier to conduct official business, employees traveling to their destination earlier than necessary
and/or delaying their return to avail the City of reduced transportation rates may be reimbursed per
diem for additional travel days, if the amount saved is greater than the amount expended in
additional per diem.
Reimbursement for travel outside the State of Idaho except to Salt Lake City, will be limited to the
lesser of total costs using 14-day advance purchase air fare versus mileage by car, except when
the use of a vehicle is required for city business purposes, such as when the vehicle is needed to
haul equipment or other items that could not go on the plane, and except in the case of an
emergency. Due to similar total costs, it is the choice of the employee whether to travel by air or
by car within the State of Idaho and to Salt Lake City.
E. ENTERTAINMENT: No entertainment expenses will be reimbursed, unless the entertainment is
included in the cost of a meal that is part of the program presented as a part of the function being
attended, which will be paid at actual cost, (like dinner at a museum) and does not conflict with
Section 701 Employee Conduct and Disciplinary Action. In that case, documentation
substantiating the cost must be provided.
F. BUSINESS TRANSACTION MEALS: Meals may be purchased by the Department Head where
City business is transacted and where other individuals who may or may not be employed by the
City are invited to eat at the City's expense.
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City of Rexburg
Employee Handbook
G. BUSINESS PHONE CALLS: The costs of phone calls while away on City business shall be
reimbursed to the employee if the call is for City business or for up to 10 minutes on one personal
call to their family one time per day. The employee is encouraged to use a City provided phone
card if available.
H. TRAVELING WITH OTHER EMPLOYEES: In order to avoid harmful rumors and discourage
inappropriate relationships from developing, when traveling or rooming together, there should
never be only one member of each gender present. Any two of the same gender or any
combination of three or more is acceptable in vehicles. All employees have a right to request
separate and individual travel and rooming arrangements; if such arrangements would adversely
impact their ability to do their job, such arrangements may be denied.
Incidental and miscellaneous expenses are reimbursable for official business transactions where
necessary to accomplish work or job tasks in the City's interests.
Travel expense reports including any related records/receipts shall be completed and submitted for
applicable approval within 30 days of travel being completed, or otherwise monthly, as directed by the
Department Head and the Accounts Payable Clerk.
With prior approval, employees on business travel may be accompanied by a family member or friend
at their own expense, and when the presence of a companion will not interfere with successful
completion of business objectives. Generally, employees are also permitted to combine personal
travel with business travel, as long as time away from work is approved and vacation leave is used for
personal travel time. In order to provide for safe travel on long trips, family members over the age of
21 may drive city vehicles on out of town trips if they are properly licensed to do so.
Additional expenses including liability insurance coverage/costs arising from such non -business travel
are the responsibility of the employee. Where accompanied by others on travel, employees are
encouraged to check with their own agent or insurance company handling their automobile/casualty
insurance policy to insure that adequate amounts of insurance protection are available and in force
before they travel with non -employees.
Employees should contact their department head or the Accounts Payable Clerk for guidance and
assistance on procedures related to travel arrangements, expense reports, reimbursement for specific
expenses, or any other business travel issues.
Abuse of this Business Travel policy, including falsifying expense reports to reflect costs not incurred
by the employee, can be grounds for disciplinary action, up to and including termination of
employment.
607 ATTENDANCE AND PUNCTUALITY
To maintain a safe and productive work environment, the City expects employees to be reliable and
punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on other
employees and on the City. In the rare instances when employees cannot avoid being late to work or
are unable to work as scheduled, they should notify their supervisor as soon as possible in advance of
the anticipated tardiness or absence.
Poor attendance and excessive tardiness are disruptive. Either may lead to disciplinary action, up to
and including termination of employment.
608 PERSONAL APPEARANCE
City of Rexburg Employee Handbook
Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and
affect the public image the City presents to patrons and visitors.
During business hours, employees are expected to present a clean and neat appearance and to dress
according to the requirements of their positions. Employees who appear for work inappropriately
dressed will be sent home and directed to return to work in proper attire. Under such circumstances,
employees will not be compensated for the time away from work.
Employees may consult their supervisor or department head if they have questions as to what
constitutes appropriate attire.
609 USE OF PHONE, MAIL, EMAIL, INTERNET ACCESS AND COMPUTER SYSTEMS
PHONE and MAIL
Personal use of telephones for outgoing calls, including local calls, is discouraged. Employees shall be
required to reimburse the City for any charges resulting from their personal use of the telephone.
The City recognizes there are times when a personal phone call is necessary to either make or
receive. Therefore, in the case of an emergency or when necessitous and compelling circumstance
occurs beyond the control of the employee, phone calls may be made or received, upon the
notification to the proper supervisor and with approval.
The City does allow employees to call from City Hall on problems or questions with regard to
employee benefits.
Those employees required to carry a City cell phone may use it for personal business, but must
reimburse the City for all costs incurred related to personal calls.
To assure effective telephone communications, employees should always use the approved greeting
and speak in a courteous and professional manner. Please confirm information received from the
caller and hang up only after the caller has done so.
The mail system is reserved for business purposes. Employees may send or receive personal mail at
the workplace, when circumstance may compel such, and upon the approval of the supervisor or
department head.
EMAIL AND INTERNET ACCESS POLICY
A. Purpose
The City of Rexburg, the Madison County Fire District and the Madison County Ambulance District
(herein after called "Employer") provides electronic mail and internet access to their employees to be
used as tools that improve their efficiency and effectiveness in conducting official business.
B. Authorized Users
Electronic mail and internet access is provided only to employees of the Employer. No visitors,
contractors, or others may use email or internet access unless authorized by the Mayor or their
Department Head. Users must not allow anyone else, whether or not they are a city employee, to
use their account or have knowledge of their password.
C. Oversight Authority
Internet and email use is subject to oversight by each employee's department head within guidelines
set by this policy, including, but not limited to, oversight of the nature of discussions on the system,
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City of Rexburg
Employee Handbook
the amount of time used, when it is used, and which email and internet addresses are accessed.
The parameters of allowed usage may be different for each employee. The Mayor may also limit
use to something less than the Department Head's guidelines for purposes including, but not limited
to, preserving the functionality and cost of the system as a whole.
D. Personal Use
Limited personal use is acceptable as long as it doesn't incur any cost or damage to the Employer, is
not done on Employer time (except for Fire and Ambulance employees, whose personal use time
may occur after 5 p.m. and before 8 a.m. while they are on shift) and may not be used in any way to
facilitate private commercial purposes. Use of electronic mail services or internet access for
purposes constituting clear conflict of Employer interests or in violation of Employer information
security policies is expressly prohibited. Use of Employer email to participate in chain letters is not
permitted.
Employees should attempt to have all personal emails go through a web email service instead of the
City's email system and should not be using that service on City paid time.
Personal use can be beneficial to the Employer when the above rules are followed because it allows
the employee to train themselves on use of the internet and email on their own time and promotes
greater morale by offering a benefit to the employee that costs the city nothing.
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City of Rexburg
Employee Handbook
E. Content
Use of email can be considered the same as communicating using the Employer official letterhead.
If something shouldn't be sent on that letterhead, it shouldn't be sent through the email system
either.
All software to be downloaded through email, the internet or any other method, must first be
authorized by the Department Head.
Prohibited actions:
1 Except for law enforcement purposes, to post, download or transmit on city equipment any
unlawful, harassing, profane, obscene or pornographic messages, or files of any kind, including
without limitation any transmissions constituting or encouraging conduct that would constitute a
criminal offense, give rise to a civil liability, or otherwise violate any local, state, national, or
international law, including without limitation the U.S. export control laws and regulations.
2 Transmittal of messages or files that are derogatory, inflammatory or unlawfully discriminatory
with respect to a person's race, color, sex, age, disability, religion, national origin or physical
attributes is prohibited.
3 Intentionally post or transmit any information or software which contains a virus, worm, canceibot
or other harmful component.
4 Copy, upload, post, publish, transmit, reproduce, or distribute in any way, information, software
or other material obtained through the internet which is protected by a copyright or other
proprietary right or derivative works with respect thereto, without obtaining permission of the
copyright owner or right -holder.
Only authorized email software may be used. Anonymous re -mailer software may not be installed.
Employees may not use anonymous re -mailers for any purpose.
If confidential or proprietary information must be sent via email, it must be encrypted so that it is only
readable by the intended recipient, using Employer approved software and algorithms.
F. Disclaimer
The employee understands that the Employer, its officials, and employees do not control the internet
nor what may be transmitted to the employee's computer. The employee understands that the
internet contains unedited materials, some of which are sexually explicit and/or illegal. The employee
assumes total responsibility and risk for his/her own use. The Employer makes no express nor
implied warranties whatsoever with regard to any merchandise, information, or service provided
through the internet.
G, Ownership
All electronic messages or files that are created, sent, retrieved, or stored on Employer computers or
networks are property of the Employer and not considered private. Email messages may be
retrieved by the Employer even though they have been deleted by the sender and the reader may be
spot-checked to ensure that this policy is being followed and may be used in disciplinary actions.
The Employer reserves the absolute right to access and monitor all messages and files on the
Employer's or service provider's systems.
H. Violations
Failure to comply with this policy may result in disciplinary action, up to and including termination of
employment.
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City of Rexburg
COMPUTER SYSTEMS
Employee Handbook
A. Passwords
Employees must understand that the secrecy of passwords and the preservation of information on
the City computer systems are of extreme importance to continue proper function of City
government.
Passwords must not be shared with anyone, including supervisors, except with an appointed
computer systems security officer who already has authority to change the employee's password.
Of course, after a password is set up in the system, even the security officer does not need to be
reminded of it. Passwords should not be written down and should not be easily attributed to the
employee, such as a birthday, phone number, etc. To prevent misuse of a password, employees
should signoff of the computer system whenever they are away from their computer for more than a
short period of time.
An employee's use of another person's password or the disclosure of their own or another person's
password, regardless of permission or presence of that person, is prohibited. Knowledge of
circumstances contrary to this policy must be immediately reported to the computer system security
officer.
B. Personal Use
Limited personal use is acceptable as long as it doesn't incur any cost or damage to the City, and is
not done on Employer time (except for Fire and Ambulance employees, whose personal use time
may occur after 5 p.m. and before 8 a.m. while they are on shift). Personal use can be beneficial to
the City when the above rules are followed, because it allows the employee to train themselves on
their own time and promotes greater morale by offering a benefit to the employee that costs the city
nothing.
C. Installation of Software or Data
Intentionally loading any information or software which contains a virus, worm, cancelbot, or other
harmful component is prohibited. Any software to be loaded by any method must first be authorized
by the Department Head and IT Manager.
D. Ownership
All files that are created, sent, retrieved or stored on City computers or networks are property of the
Employer and not considered private. Files may be retrieved by the City even though they have
been deleted. They may be spot-checked to ensure that this policy is being followed. They may also
be used in disciplinary actions. The Employer reserves the absolute right to access and monitor all
files on the City's or service provider's systems.
E. Violations
Failure to comply with this policy may result in disciplinary action, up to and including termination of
employment.
610 SMOKING
In keeping with the City's intent to provide a safe and healthful work environment and in accordance
with Idaho's Clean Air Act, smoking in the workplace is prohibited. All smoking must occur outside of
20 feet from any public building. All City -owned buildings and any building other than private homes
are public buildings. Also, employees are not allowed to smoke in City -owned vehicles.
611 SOLICITATION
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City of Rexburg
Employee Handbook
In an effort to assure a productive and harmonious work environment, persons not employed by the
City may not solicit or distribute literature in the workplace at any time for any purpose.
The City recognizes that employees may have interests in events and organizations outside the
workplace. However, employees may not solicit or distribute literature concerning these activities
during working time. (Working time does not include lunch periods, work breaks, or any other periods
in which employees are not on duty.)
In addition, the posting of written solicitations on City bulletin boards is prohibited. Bulletin boards are
reserved for official communications such as:
Employee announcements
Internal memoranda
Job openings
Organization announcements
Workers' compensation insurance information
Unemployment Insurance information
612 WORKPLACE RELATIONSHIPS
1. No employee shall hire, supervise or otherwise exercise discretion concerning a paid employee who
is a spouse.
2. No employee shall supervise or otherwise exercise discretion concerning a paid employee who is
related to the supervisor within the first degree of affinity or consanguinity (See Appendix B
Consanguinity Chart).
3. No employee shall hire a paid employee who is related to the supervisor within the second degree
of affinity or consanguinity pursuant to state law (I.C. § 18-1359 or its successor) (See
Appendix B Consanguinity Chart).
4. Any supervisor involved in a romantic relationship with a subordinate must immediately notify
his/her superior of the existence of any such relationship. Efforts should be made to
eliminate supervisory responsibility for one who is romantically involved with a subordinate.
5. All employees are discouraged from being involved in a romantic relationship with another
employee. Relationships of this kind can disrupt the workplace environment in a manner
that may result in disciplinary action, up to and including termination of employment.
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City of Rexburg
700 CONDUCT AND DISCIPLINARY ACTION
701 CONDUCT AND WORK RULES
Employee Handbook
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.
City of Rexburg
702 DRUG AND ALCOHOL USE
Employee Handbook
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.
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.
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
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").
City of Rexburg Employee Handbook
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
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
City of Rexburg
Employee Handbook
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
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.
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City of Rexburg
L. Notification of Test Results
Employee Handbook
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
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.
City of Rexburg Employee Handbook
704 FITNESS FOR DUTY - TESTING AND PROCEDURES
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.
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 aA4 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
City of Rexburg
Employee Handbook
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.
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.
City of Rexburg
Employee Handbook
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
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.
City of Rexburg
D. Investigation Procedures.
Employee Handbook
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.
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.
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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
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
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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.
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
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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
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.
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
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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
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.
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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.
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
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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,
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 UNLAWFUL DISCRIMINATION AND HARASSMENT
The City is committed to providing a work environment that is free of discrimination and unlawful
harassment. Actions, words, jokes, or 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.
SEXUALHARASSMENT
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.
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.
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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 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
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
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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.
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800 PURCHASING RULES
801 GENERAL POLICY ON PURCHASES
Employee Handbook
All employees of the City are entrusted with the proper and prudent management of all funds paid over
to the City for the enforcement and administration of all applicable statutes, ordinances, and
resolutions.
Any employee, who engages in the improper transfer of material or information, disclosure of
information, or the improper handling of City funds, will be subject to disciplinary action, up to and
including termination of employment and legal action against that employee.
Each department head will designate the employees within their department who are entrusted with
the authority to make purchases for that department. Those employees entrusted with this
responsibility will sign all invoices and provide copies to the appropriate vendors to be included with
monthly statements to the City.
Any sales persons calling by phone or in person for the purposes of making sales to the City, shall be
referred to the related Department Head.
Mandatory Local Purchasing
It is mandatory that all purchases less than $5,000 be made from vendors within the City, if possible,
unless it is pursuant to a formal bid. The only exceptions to this policy can be granted by the Mayor or
Chief Financial Officer and are usually for reasons of significant price difference.
802 BIDDING PROCEDURES
More Than $1,000
For any purchases of $1,000 or more, it is necessary to obtain bids from three (3) different vendors
whenever possible, except for parts and repairs on equipment and except in emergencies.
Exception: Construction work may be purchased without a bid with the approval of the Public Works
Director when time is of the essence, the availability of bidders is limited, and the cost is less than
$10,000,
Purchases may not be split into parts in order to avoid having to bid them. Failure to follow bidding
rules and laws is usually wasteful and sometimes illegal per state law.
Failure to bid purchases as required may result in the loss of purchasing authority and could lead to
discipline up to and including termination.
More Than $10,000
For any purchases of $10,000 or more, the purchase order must be approved by the Chief Financial
Officer or Mayor.
Supervisors have additional rules for purchases over $10,000 in the Supervisor's Handbook.
803 PURCHASE ORDERS
All purchases made through the City, unless purchased through a Purchase Card (See 804 Purchase
Card Program below) or through the payment of regularly occuring or pre -approved invoices as set
forth in Resolution No. 2008-01, such as power bills, must have a purchase order (P.O.) drawn up by
City of Rexburg Employee Handbook
the department or City Hall for which the purchase is being made, signed by the department head, and
a purchase order number obtained from City Hall. Purchase orders must be properly and accurately
completed in order to ensure timely processing. Any purchase without a proper P.O. may be subject
to payment by the individual who signed the order or receipt; purchases without a proper P.O. cause
extreme and unneeded problems and inefficiencies in the Accounts Payable Department.
The Public Works Director shall sign all P.O.'s for any Public Works Department. In the event a
Department Head is not available, the Mayor or Chief Financial Officer (CFO) may sign the P.O.
All blanket P.O.'s (those purchase orders covering specific items to be purchased on a recurring
frequent basis), must show a validation period and expiration date.
In case of emergencies or on non -business days, purchases for the City can be made without a P.O.
number. However, a P.O. must be made up the next business day by calling City Hall, and the
purchaser is responsible for notifying the vendor or service provider of the proper P.O. number.
804 PURCHASE CARD PROGRAM
The Purchase Card is the preferred purchasing tool for employees whose jobs require them to
purchase low dollar items. The card helps save time of employees by removing advance approval and
reducing paperwork. The card will reduce the number of purchase orders, petty cash funds, personal
funds reimbursed by expense reports and checks written to pay the same.
The Purchase Card is a bank -issued charge card which carries City of Rexburg payment liability.
Cardholders are individually accountable for use of their cards.
What can be purchased on the purchase card?
Only items less than the transaction limit and as allowed by the CFO (Chief Financial Officer).
Other expenses as the CFO may allow.
What if a vendor will not accept the purchase card?
It is in the City's interest to encourage all appropriate vendors to accept the card. If vendors do not
want to participate in the card program, they should accept a P.O.# and send an invoice indicating
the PO# applicable.
Who should use the purchase card?
Purchase Cards must not be lent out. Each employee is personally responsible for what is charged
to it. The CFO and Department Head will determine who will receive a purchase card or have
access to one.
What are the internal controls used?
The CFO will manage training, acquisition, and maintenance of cards and will determine who may
have cards and the spending limits for each.
Charges must be reviewed and approved by users and managers, and reconciled to monthly bank
statements, and approved by accounts payable.
What are the factors critical for the success of this program?
Employees are trusted to use good judgment in their purchasing.
Supervisors will effectively manage the increased responsibility and accountability expected of
employees.
ROLES & RESPONSIBILITIES
CFO:
* Administers card program city-wide.
City of Rexburg
Employee Handbook
* Receives information and reports from the bank.
* As primary contact with the bank: orders, receives, and distributes cards, assists in reporting lost
or stolen cards, and communicates program problems.
Accounts Payable
* Collects supporting documentation (charge slips, sales receipts, packing slips, etc.) from
cardholder, foreman or department head.
* Performs monthly reconciliation procedures and resolves all matters related to reconciliation
discrepancies.
* Reports unauthorized use of cards or violation of policies to the CFO.
Department Head
* Authorizes issuance of Purchase Cards to employees within their department.
* Ensures that Purchase Cards are returned/canceled when necessary.
* Ensures that all receipts of purchases are turned in to Accounts Payable on a timely basis.
* Reviews and approves each purchase.
Cardholder
* Is personally responsible for proper use of the Purchase Card assigned to them.
* Completes the Cardholder Agreement.
* Signs the card immediately when it is received.
* Safeguards Purchase Cards and their account numbers against loss, theft or misuse.
* Reports lost or stolen cards immediately to the CFO and Department Head.
* Purchases in accordance with this policy.
* Accepts delivery of and inspects purchased goods.
* Documents all purchases with a receipt indicating a short description
of the items purchased, and submits it by the first business day of the following week to
Accounts Payable.
* Review and approves each purchase
* Returns the card to CFO upon termination of employment or when
specifically requested to do so.
Inadvertent personal use of City Credit card
* Personal use of a City purchase or credit card is prohibited. Employees who inadvertently use
the card for personal or non -city business must immediately notify the accounts payable department of
such use and reimburse the city immediately.
805 PURCHASES FROM RELATED PARTIES
See 705 Conflicts of Interest in 700 Conduct & Disciplinary Action
See 706 Acceptance of Gifts in 700 Conduct & Disciplinary Action
It cannot be stressed strongly enough that those persons entrusted with purchasing ability for the City
need to be very aware of the potential for a conflict of interest. Business dealings with outside firms
should not result in unusual gains for those firms or for any employee or any relatives of employees of
the City.
Great care must be taken when an employee contemplates making a purchase from a related party.
The definition of a related party includes a person or a person's business where that person is related
to a city employee or is a city employee (the definition of city employee includes elected officials).
Even when the purchase is perfectly legal, the possible perception of the public must be considered.
When there are alternative places to make a purchase, purchases from related parties should be
avoided.
3
City of Rexburg Employee Handbook
When, regardless of the amount, the purchase is properly bid and the related party is the low bidder, it
may be permissible to purchase from the related party. Any such purchases should be reviewed and
authorized by the Chief Financial Officer or City Attorney before being initiated.
Per state law, in no case can the city purchase anything from its own elected officials or from an entity
they have a personal financial interest in.
806 PAYMENT OF INVOICES
1. Invoices can be paid that are approved by a quorum of the Rexburg City Council at a meeting of
the Council, regardless of whether checks or credit card charges have previously been written or
authorized.
2. Those invoices that are deemed to be regularly occurring and have been considered and
approved as part of the annual budget process and are less than $10,000, may be paid between
Council meetings with the authorization of the Mayor or Chief Financial Officer or Deputy Financial
Officer.
3. Those invoices that are deemed to be regularly occurring and have been considered and
approved as part of the annual budget process and are more than $10,000, may be paid between
Council meetings with the authorization of at least one (1) elected official and one (1) employee of the
Rexburg Treasurer's Office.
4. Those invoices that have not been approved as part of the regular annual budgeting process
must be first approved at a Council meeting or at least vocal approval from a majority of the Council
between meetings of the Council.
4
Mayor
Jerry Merrill
Financial
Mayors Youth Management
Advisory Board I M
GIS
Information
Technology
q
r7LIgal
Recreation
Police
Emergency
Services
Public Works
E
ityent
Economic
Development
APPENDIX A
Administrative
Oversight Team
Community
Services
Oversight Team
Emergency
Services
Oversight Team
Police
Oversight Team
City Council
Chris Mann Donna Benfield
Jordan Busby Tisha Flora
Sally Smith Brad Wolfe
Planning &
Zoning
Commission
Rexburg arts
Council
Rexburg
Beautification
Committee
Parks &
Recreation
Committee
Traffic & Safety
Committee
Teton Flood
Museum
Committee
I-Tistorical
Building
Committee
Golf Board
Airport Board
Legacy Flight
Museum
Trails of
Madison
County
APPENDIX B
CONSANGUINITY CHART
All relatives classified as " 1 " or "T (red or blue) below are within the 2nd degree of consanguinity.
4
Great Great
Grandparent
3
Great
Grandparent
2
Grandparent
1
Parent
1
Person A
Child
2
Grandchild
3
Great
Grandchild
4
Great Grand
Uncle/Aunt
3
Great
Uncle/Aunt
3
Child of Great
Uncle/Aunt
2
2
3
Uncle/Aunt
Cousin
Second
Cousin
1
2
3
Sibling
Nephew or
Cousin's
Niece
Child
3
Grand
Nephew/Niece
APPENDIX C
FLSA EXEMPT POSITIONS
Department
Position
Community Development
Community Development Director
Customer Services
Cit Clerk
Economic Development
Economic Development Director; Cultural Development
Administrator
Engineering
Staff Engineer
Engineering
City Engineer
Financial Management
Chief Financial Officer & City Treasurer
Financial Management
Deputy Finance Officer
GIS
GIS Analyst I
GIS
GIS Analyst II
GIS
GIS Cartographer
GIS
GIS Manager or Information Systems Manager
IT
Information Technology Manager
IT
Information Technology Assistant Manager
Legal
City Attorney
Madison Fire Department
Chief
Madison Fire Department
Assistant Chief
Parks
Parks Supervisor
Parks
Parks Assistant Supervisor
Police
Chief
Police
Captain
Police
Patrol Supervisor
Recreation
Recreation Director; Events/Program Manager
Recreation
Aquatic Center Manager (summers only)
Recreation
A uatic Center Assistant Manager summers only)
Public Works
Public Works Director & City Engineer
Street
Street Foreman (S4
Water
Water Foreman (W4)
Wastewater
WW Foreman (WW4)
APPENDIX D
DEPARTMENT HEADS
Department
Name
Title
Community Development
Val Christensen
Building Official/P&Z Administrator
Customer Services
Blair Kay
City Clerk
Economic Development
Scott Johnson
Economic Development Director
Financial Management
Matt Nielson
Chief Financial Officer & Treasurer
Geographic Information Systems*
Craig Rindlisbacher
GIS Manager
Human Resources
Valeea Quigg
Human Resource Director
Information Technology
Kelvin Giles
IT Manager
Legal
Stephen Zollin er
City Attorney
Madison Fire Department*
Cory Child
MFD Chief
Parks
Greg McInnis
Parks Supervisor
Police
Shane Turman
Police Chief
Public Works
John Millar
Chief Engineer/Public Works Director
Recreation
Bob Yeatman
Recreation Director
*GIS Manager is jointly appointed by the City and County.
*MFD Chief is appointed by the Emergency Services Board.
Accredited Masters Degree in an applicable field-4% (A panel will be convened to determine the
applicability of each degree request.)
Hazmat Technician — 2%
Wildland Engine Boss — 2%
Paramedic — 4% initial certification, 4% at five years certified, 4% at ten years certified
Advanced EMT — 4 %
Executive Fire Officer — 4%
Fire Fighter 11 — 4%
Advancement to Fire Inspector and Captain-4% (advancement to Fire Inspector and Captain shall be by
promotional appointment).
Fire Fighter One as well as Basic Wildland (Red Card) certifications are considered baseline employment
requirements.
Parks
Police Department
NACA 100 Level 2 only
Intermediate
Advanced
Supervisor
Management
Executive
FBI Academy
I.L.E.T.S.
Public Works Director
Recreation
Sanitation Department
Shop
Street Department
Wastewater Department
Operations Class I
Operations Class II
Operations Class III
Collection I
Collection II
Collection III
Laboratory Technician I
Laboratory Technician II
Water Department
Operations Class I
Operations Class II
Operations Class III
none
Animal Control Officer
All commissioned officers
All commissioned officers
5
3
Chief
All commissioned officers
5 (Once each person)
none
none
none
none
none
All personnel
3
2 Including Public Works Director
All personnel
3
2 Including Public Works Director
All personnel
2
All personnel
2
2
APPENDIX E
CERTIFICATIONS THAT MERIT A STEP -RAISE
All certifications must be pre -approved and scheduled by the Department Head. 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. Lump sum raises are calculated as one year's worth of increase in wage.
Certification raises are given only once and not repeated every year, even if the employee is at step 37 of their pay
range.
Department Certifications Employees Allowed
Community Development
I.C.C. Building Official
Building Official
APA Certification
Building Official
I.C.C. Fire Inspector
All Inspectors
I.C.C. Commercial Building Inspector
All Inspectors
I.C.C. Mechanical Inspector
All Inspectors
I.C.C. Residential Inspector
All Inspectors
I.C.C. Permit Technician
Secretary
Customer Service
Idaho Certified Municipal Clerk City Clerk
Engineering
PE Assistant Engineer
Financial Management
Idaho Certified Finance Officer CFO & Deputy CFO
Geographic Information Systems none
Information Technology none
Legal none
Madison Fire Department All Firemen if pre -approved by Dept. Head
In addition to the `Required Skills, Knowledge, and Abilities:' of the Madison Fire Department Job Description, any
employee who obtains authorization to complete one of the following certifications will be eligible, upon successful
completion of such certification, for a salary increase in the specified amount.
Authorization shall be obtained from the Certification Panel, and shall be based upon a needs analysis at the
discretion of the Certification Panel. (The Certification Panel shall consist of one chief, one captain, and one firefighter
to determine the applicability of each certification request. In regard to the panel, the chiefs will select a chief, the
captains will select a captain, and the firefighters will select a firefighter).
Aerial Apparatus Operator—IFSTA/State Certification or equivalent 2%
Driver/Operator—State Certificate 4%
Critical Care Paramedic-2% at initial Department Certification, 4% at initial National Certification
Rope Rescue Technician—IFSTA Curriculum 2%
Confined Space Rescue Tech nician—I FSTA Curriculum 2%
Swift Water Rescue Technician-2%
Accredited Bachelors Degree in an applicable field-4% (A panel will be convened to determine the
applicability of each degree request.)
�°G, Ar,°
o�
Conflict of Interest and Ethics Manual for
City Officials
July 2015
Association of Idaho Cities
3100 S. Vista Ave. Ste. 201
Boise, ID 83705
Tel. (208) 344-8594 or (800) 344-8594
Fax (208) 344-8677
www.idahocities.or2
TABLE OF CONTENTS
Introduction....................................................................................................................................I
Ethics...............................................................................................................................................1
State Laws on Ethics and Conflict of Interest.............................................................................I
2015
Idaho Ethics in Government Act of .....................................................................................2
Prohibitions on Contracts with Officers......................................................................................5
Bribery & Corrupt Practices Act.................................................................................................7
Planning & Zoning Conflicts of Interest....................................................................................11
Conflicts of Interest Concerning Local Improvement Districts..............................................12
Urban Renewal Conflicts of Interest..........................................................................................12
.............................................13
Incompatibility of Office................................................................
NIiscellaneous Laws Dealing with Conflicts of Interest............................................................13
Questions& Answers...................................................................................................................15
ConsanguinityChart ................................ ...................................................................................18
INTRODUCTION
Our American system of government was founded on the principle of civic virtue, the idea that
representative democracy could only flourish if citizens and elected officials were virtuous in
civic life and pursued the public interest as opposed to their own private interests.
The public's confidence in government is only as strong as the integrity displayed by
government officials. Unfortunately, some of the most indelible memories etched in our
collective consciousness involve public officials embroiled in ethics scandals. When the public
and media judge the legacy of a public official, a single lapse in judgment will outweigh years or
even decades of faithful public service.
Your duty as a city official is to serve the public interest, to comply with laws governing ethics
and conflict of interest, and to serve as an example of honesty and integrity for your community.
This manual was updated in July 2015 to reflect the passage of House Bill 90 by the 2015 Idaho
Legislature. The bill relocated the Ethics in Government Act and Prohibitions on Contracts with
Officers to Chapters 4 and 5, respectively, of a new Idaho Code Title 74 on Transparent and
Ethical Government.
ETHICS
"I never did, or countenanced, in public life, a single act inconsistent with the strictest
good faith; having never believed there was one code of morality for a public, and
another for a private man." Thomas Jefferson
"I hope I shall possess firmness and virtue enough to maintain what I consider the most
enviable of all titles, the character of an honest man." George Washington
STATE LAWS ON ETHICS AND CONFLICT OF INTEREST
Idaho has several statutes governing ethics and conflict of interest that apply to city officials: the
Ethics in Government Act of 2015; prohibitions on contracts with officers; the Bribery and
Corrupt Influence Act; and specific laws relative to conflicts of interest for planning and zoning,
urban renewal agencies and local improvement districts. These laws offer differing prescriptions
for dealing with conflict of interest situations, so it is critical to work with your city attorney to
determine the appropriate course of action in these cases.
IDAHO ETHICS IN GOVERNMENT ACT OF 2015
The Idaho Ethics in Government Act of 2015 provides that "the position of a public official at all
levels of government is a public trust" and this public trust requires the law to:
• Protect the integrity of government throughout the state of Idaho while at the same
time facilitating recruitment and retention of personnel needed within government;
• Assure independence, impartiality and honesty of public officials in governmental
functions;
• Inform citizens of the existence of personal interests which may present a conflict of
interest between an official's public trust and private concerns;
• Prevent public office from being used for personal gain contrary to the public
interest;
• Prevent special interests from unduly influencing governmental action; and
• Assure that governmental functions and policies reflect, to the maximum extent
possible, the public interest.'
The Ethics in Government Act applies to the State of Idaho, counties, cities, school and other
special-purpose districts, and state and local boards and commissions (including planning and
zoning commissions).'
The act applies to public officials, including:
• State and local elected officials (e.g. mayors and councilmembers), including those
appointed to fill a vacant elected office, but excluding members of the judiciary;
• State legislators;
• Individuals appointed to public office (appointed city officers include the city clerk,
treasurer, attorney and any others designated by local policy); and
• Employees or consultants of state or local government.3
The law prohibits public officials from taking any official action or making a formal decision or
recommendation on any matter where the official has a conflict of interest and has failed to
disclose the conflict of interest as required by law.4
Idaho Code 74-402.
2 Idaho Code 74-403(6).
3 Idaho Code 74-403(10).
4 Idaho Code 74-404.
2
Conflict of interest is defined as:
"Any official actions or any decision or recommendation by a person acting in a
capacity as a public official, the effect of which would be to the private pecuniary
benefit6 of the person or a member of the person's household, or a business$ with
which the person or a member of the person's household is associated."'
The act provides there is no conflict of interest when the pecuniary benefit arises out of the
following:
• An interest or membership in a particular business, industry, occupation or class
required by law as a prerequisite to the holding by the person of the office or
position (e.g. a city attorney's membership in the state bar);
• Any action in the person's official capacity that affects the official, a member of the
official's household, or a business with which the official is associated in the same
manner as others engaged in the particular industry or occupation (e.g. a
councilmember who is also a building contractor could vote to raise building permit
fees, as long as the fees apply to all contractors across the board);
• Any interest which the person has by virtue of his profession, trade or occupation
where his interest would be affected to the same degree as that of a substantial group
or class of others similarly engaged in the profession, trade or occupation; or
Any action by a public official upon any revenue measure, any appropriation
measure or any measure imposing a tax, when similarly situated members of the
general public are affected by the outcome of the action in a substantially similar
manner and degree.
In order to determine if a conflict of interest exists, the public official should seek advice from
the city attorney. If the city attorney advises that no real or potential conflict of interest exists,
the official may proceed to act and is not subject to the provisions of the Ethics in Government
Act.
s The law defines "official action" as "any decision on, or proposal, consideration, enactment, defeat, or making of any
rule, regulation, rate -making proceeding or policy action or nonaction by a governmental body or any other policy matter
which is within the official jurisdiction of the governmental body." Idaho Code 74403(l).
6 Pecuniary benefit means financial or monetary benefit.
7 The law defines members of a household as "the spouse and dependent children of the public official and/or persons
whom the public official is legally obligated to support." Idaho Code 74-403(7).
s Business is defined as "any undertaking operated for economic gain, including, but not limited to, a corporation,
partnership, trust, proprietorship, firm, association or joint venture." Idaho Code 74-403(2). The law also defines
business with which a public official is associated as "any business of which the public official or member of his
household is a director, officer, owner, partner, employee, or holder of stock over five thousand dollars ($5,000) or
more at fair market value." Idaho Code 74-403(3).
9 Idaho Code 74-403(4).
3
If the city attorney advises that a real or potential conflict of interest may exist, then the official
must disclose the conflict.
An elected city official must disclose the nature of the conflict on the record at a council
meeting prior to acting on the matter and is subject to any city rules governing
conflicts of interest. The Ethics in Government Act mandates disclosure of conflicts of
interest, but does not require elected officials to abstain from debating and voting on the
matter (other provisions of Idaho law, such as the ethics provisions for planning and
zoning, require elected officials to recuse themselves from participating in, debating and
voting once a conflict of interest has been declared). A councilmember who decides to
abstain from debating and voting on a matter is still counted for quorum purposes.10 If a
councilmember asks to be excused from voting on an issue that involves a conflict or
potential conflict of interest, and the council does not excuse the individual from
participating, the councilmember is exempt from civil or criminal liability."
• An appointed or employed city official must prepare a written statement to the mayor and
council describing the matter and the nature of the conflict. The official is entitled to act
on the legal advice of the city attorney.12
Cities may establish rules concerning whether a councilmember may be permitted to debate and
vote or whether other city officials may act where there is a conflict of interest, and if so, under
what circumstances (e.g. subject to the advice of counsel). The policy of the Ethics in
Government Act is to require disclosure and allow each city's policy to determine whether an
official may act where there is a conflict.
Cities may establish their own Ethics Commission to perform the duties and responsibilities
prescribed under the Ethics in Government Act, including:
• Issuing advisory opinions upon the request of a city official.
• Investigating possible unethical conduct of city officials and conducting hearings, issuing
findings, and making recommendations for disciplinary action to the mayor and council.
• Accepting complaints of unethical conduct from the public and taking appropriate action.
Any public official who intentionally fails to disclose a conflict of interest is guilty of a civil
offense, with a fine not to exceed $500. Cities may establish additional penalties at the council's
discretion (such penalties cannot include removal from office of an elected official). Violations
of the Ethics in Government Act do not preclude additional prosecution and conviction for
criminal violations (see below for information on the Bribery and Corrupt Influence Act and
prohibitions on contracts with officers).
to Idaho Code 74-404(4).
11 Idaho Code 74-404(4).
12 Idaho Code 74-404(5).
El
PROHIBITIONS ON CONTRACTS WITH OFFICERS
Idaho's laws prohibiting self -interested contracts date back to before statehood. The current law,
found in Idaho Code Title 74, Chapter 5, provides:
74-501. OFFICERS NOT TO BE INTERESTED IN CONTRACTS. Members
of the legislature, state, county, city, district and precinct officers, must not be
interested in any contract made by them in their official capacity, or by any body or
board of which they are members.
Violation of the prohibition on contracts with city officers is a criminal misdemeanor with a
fine of up to $1,000 and up to 1 year in iail.13 Disclosure of a conflict of interest, as required
by the Ethics in Government Act, does not protect a city official from conviction and criminal
penalties. Furthermore, any contract made with an officer in violation of the law may be
declared void by the courts at the insistence of any party except the officer interested in the
contract.14 If the city official has a remote interest and violates the prohibition on influencing or
attempting to influence the decision, the contract is void.15
Contracts prohibited by law include any compensation for goods or services from a city official
over and above their city salary. This includes:
• A city that pays a mayor or councilmember extra compensation to run the
snowplow.
A city that buys parts or has a vehicle repaired at a shop owned by a mayor or
councilmember.
As Idaho is a community property state, the prohibition on contracts with officers also prohibits a
city from contracting with the spouse of a city elected official for goods or services.16
A public officer is not deemed to be interested in a contract if he/she has a remote interest (as
defined below), if the existence and extent of the interest is disclosed on the record at a council
meeting and reflected in the meeting minutes, and the council proceeds to authorize the contract
by majority vote (without counting the vote of the officer with the remote interest).17 An official
with a remote interest is prohibited from influencing or attempting to influence any other official
to enter into the contract.
A public officer has a remote interest when he/she is:
• A nonsalaried officer of a nonprofit corporation.
13 Idaho Code 74-509.
'a Idaho Code 74-504.
15 Idaho Code 74-502(2).
16 Nuckols v. Lyle, 8 Idaho 589, (1902).
17 Idaho Code 74-502.
• An employee or agent of a contracting party where the compensation of such
employee or agent consists entirely of fixed wages or salary.
A landlord or tenant of a contracting party.
• A holder of less than one percent ON of the shares of a corporation or
cooperative that is a contracting party.
The remote interest must be disclosed to the mayor and city council at a council meeting
prior to any discussion of the matter, noted in the minutes of the meeting, and the official
with the remote interest must recuse himself from any participation or voting on the
matter. The council must approve the contract by a vote sufficient for it to pass without
the vote of the official with the remote interest. The official with the remote interest must
not attempt to lobby any decisionrnaker concerning the contract.
ing non -compensated public officials to contract with the city.
is
Another exception exists allow
The process is outlined in the bullets below.
The contract is competitively bid and the public official must submit the low bid.
• The public official may not take any part in the preparation of the contract or bid
specifications, and must recuse him/herself from debating and voting on the
contract or bid specifications.
The public official must provide full disclosure in writing to the city council of
his/her interest in the contract and their intention to bid.
• The public official must not have violated any provision of Idaho law pertaining
to competitive bidding or improper solicitation of business.
In addition to the prohibition on self -interested contracts, Idaho Code 74-503 provides that
"State, county, district, precinct and city officers must not be purchasers at any sale nor vendors
at any purchase made by them in their official capacity." A common issue that comes up
regarding this section involves purchase of surplus property by city officials. The law clearly
prohibits the following officials from purchasing city surplus property:
Councilmembers, who pass a resolution or motion declaring property as surplus
and providing for the sale of such property.
The city clerk, who typically publishes notice of the sale of surplus property.
• Any other city employees involved in the sale of surplus property.
18 Idaho Code 74-510.
In addition to the officials listed above, the city council may prohibit purchase of surplus
property by any other city officials in the city's ethics policy.
A city official found guilty of violating the prohibitions on contracts with officers is guilty of a
criminal misdemeanor and may be punished by a fine of up to $1,000 and up to a year in the
county jail.19
BRIBERY & CORRUPT PRACTICES ACT
The Bribery & Corrupt Practices Act applies to the State of Idaho and political subdivisions,
including counties, cities, school and other special districts, and state and local boards and
commissions (including planning and zoning commissions).20 Public servants covered by the act
include elected officials, appointed city officers and employees (including consultants)."
The act prohibits the following:
• Bribery: "A person is guilty of bribery, a felony, if he offers, confers or agrees to
confer upon another, or solicits, accepts or agrees to accept from another:
Any pecuniary benefit as consideration for the recipient's decision, opinion,
recommendation, vote or other exercise of discretion as a public servant,
parry official or voter; or
Any benefit as consideration for the recipient's decision, vote,
recommendation or other exercise of official discretion in a judicial or
administrative proceeding; or
■ Any benefit as consideration for a violation of a known legal duty as public
servant or party official."22
• Threats and Improper Influence: "A person commits an offense if he:
Threatens unlawful harm to any person with purpose to influence his
decision, opinion, recommendation, vote or other exercise of discretion as a
public servant, party official or voter; or
Threatens harm to any public servant with purpose to influence his decision,
opinion, recommendation, vote or other exercise of discretion in a judicial or
administrative proceeding; or
19 Idaho Code 74-509.
20Idaho Code 18-1351(3).
2i Idaho Code 18-1351(8).
22 Idaho Code 18-1352.
7
■ Threatens harm to any public servant or party official with purpose to
influence him to violate his known legal duty; or
■ Privately addresses to any public servant who has or will have an official
discretion in a judicial or administrative proceeding any representation,
entreaty, argument or other communication with purpose to influence the »23
outcome on the basis of considerations other than those authorized by law.
• Compensation for Past Official Behavior: "A person commits a misdemeanor if he
solicits, accepts, or agrees to accept any pecuniary benefit as compensation for having as
public servant, given a decision, opinion, recommendation or vote favorable to another, or
for having otherwise exercised a discretion in his favor, or for having violated his duty. A
person commits a misdemeanor if he offers, confers or agrees to confer, compensation,
acceptance of which is prohibited by this section.
»24
• Retaliation for Past Official Action: "A person commits a misdemeanor if he harms
another by any unlawful acts in retaliation for anything lawfully done by the latter in the
capacity of public servant."25
• Gifts to Public Servants: The following public servants are prohibited from soliciting,
accepting or agreeing to accept pecuniary benefits from persons or entities subject to their
authority or interested in any transaction:
Public servants working in departments or agencies that exercise regulatory,
inspection or investigatory authority, or responsible for civil or criminal
litigation.
■ Public servants having any discretionary function to perform in connection
with contracts, purchases, payments, claims or other pecuniary transactions
of the city.
■ Judicial or administrative officials, or employees of a court or other tribunal
having such authority, or participating in the enforcement of its decisions.26
Clearly, most city employees and all elected officials fall into one of the above
categories. However, not all gifts received by a public servant make him/her
guilty of a criminal misdemeanor —there are a few exceptions:
■ Fees prescribed by law to be received by a public servant, or any other benefit
for which the recipient gives legitimate consideration or to which he is
otherwise legally entitled; or
Zs Idaho Code 18-1353.
"Idaho Code 18-1354.
" Idaho Code 18-1355.
"Idaho Code 18-1356.
■ Gifts or other benefits conferred on account of kinship or other personal,
professional or business relationship independent of the official status of the
receiver; or
■ Trivial benefits not to exceed a value of fifty dollars ($50.00) incidental to
personal, professional or business contacts and involving no substantial risk
of undermining official impartiality.
The act also prohibits any person from knowingly conferring or offering or
agreeing to confer any illegal benefit to a public servant.
• Compensating Public Servant: "A public servant commits a misdemeanor if he solicits,
accepts or agrees to accept compensation for advice or other assistance in preparing or
promoting a bill, contract, claim, or other transaction or proposal as to which he knows
that he has or is likely to have an official discretion to exercise.3127
"A person commits a misdemeanor if he pays or offers or agrees to pay compensation to
a public servant with knowledge that acceptance by the public servant is unlawful. ,21
• Selling Political Endorsement: "A person commits a misdemeanor if he solicits,
receives, agrees to receive, or agrees that any political parry or other person shall
receive any pecuniary benefit as consideration for approval or disapproval of an
appointment or advancement in public service, or for approval or disapproval of
any person or transaction for any benefit conferred by an official or agency of the
government. `Approval' includes recommendations, failure to disapprove, or any
other manifestation of favor or acquiescence. `Disapproval' includes failure to
approve, or any other manifestation of disfavor or nonacquiescence."29
• Other Trading in Special Influence: "A person commits a misdemeanor if he
solicits, receives, or agrees to receive any pecuniary benefit as consideration for
exerting special influence upon a public servant or procuring another to do so.
`Special influence' means power to influence through kinship, friendship or other
relationship apart from the merits of the transaction. ,30
• Paying for Endorsement or Special Influence: "A person commits a
misdemeanor if he offers, confers or agrees to confer any pecuniary benefit,
receipt of which is prohibited by this section. ,31
27Idaho Code 18-1357(1).
Zs Idaho Code 18-1357(2).
21Idaho Code 18-1358(1).
30 Idaho Code 18-1358(2).
31 Idaho Code 18-1358(3).
• Using Public Position for Personal Gain: Public servants are prohibited from:
■ Using public funds or property to obtain a pecuniary benefit without specific
authorization from the city.3z
Soliciting, accepting or receiving a pecuniary benefit as payment for services,
advice, assistance or conduct customarily exercised in the course of their
official duties (excludes gifts valued under $50 incidental to personal,
professional or business contacts and involving no substantial risk of
undermining official impartiality).33
Using or disclosing confidential information gained in the course of, or by
reason of, the official's position or activities, with the intent to obtain a
pecuniary benefit for himself or any other person or entity in whose welfare
he is interested, or with the intent to harm the city.
■ Being interested in any contract made by him in his official capacity or by any
body or board of which he is a member, except as provided by Idaho Code 18-
1361.3s
Hiring, appointing or contracting with any relative of a mayor or
councilmember by blood or marriage within the second degree36 to any paid
city job, appointed office or employment.37 However, a person employed by a
city prior to the election of a relative within the second degree is entitled to
retain his/her position and receive general pay increases, step increases, cost
of living increases, and/or other across the board increases in salary or merit
increases, benefits and bonuses or promotions.38
• Exception Concerning Prohibited Contracts: An exception to the rule prohibiting
self -interested contracts exists in Idaho Code 18-1361, which provides that if there
are less than three (3) suppliers of a good or service within a fifteen (15) mile radius,
the city may contract with a public official (or his/her relative) if:
■ The contract is reasonably necessary to respond to a disaster; or
■ The contract is competitively bid and the public official (or his/her relative)
submits the low bid. Neither the public official nor the relative may take any
part in the preparation of the contract or bid specifications, and the public
official must recuse him/herself from voting on the contract and bid
32 Idaho Code 18-1359(1)(a).
33 Idaho Code 18-1359(1)(b).
34 Idaho Code 18-1359(1)(c).
35 Idaho Code 18-1359(1)(d). parents, siblings, children,
36 Relatives by blood or marriage within the second degree include: spouses, p gs
grandparents, grandchildren, cousins, aunts and uncles, nieces and nephews.
37 Idaho Code 18-1359(3).
38 Idaho Code 18-1359(5).
10
specifications. The public official must provide full disclosure in writing to
the city council of his/her or his/her relative's interest in the contract and their
intention to bid. The public official or relative must not have violated any
provision of Idaho law pertaining to competitive bidding or improper
solicitation of business.
• No Defense: The act specifically precludes public officials from defending any
illegal behavior by claiming they weren't in office yet, or they lacked jurisdiction.
Penalties: Any public servant found guilty of violating the provisions of the Bribery &
Corrupt Practices Act is guilty of a misdemeanor and may be punished by a fine not
exceeding one thousand dollars ($1,000) and incarceration in the county jail for up to one
(1) year. Additionally, any person found guilty of violating the act may be required to
forfeit their office and may be ordered to make restitution to the city.39
PLANNING & ZONING CONFLICTS OF INTEREST
The Local Land Use Planning Act provides specific requirements concerning conflicts of interest
in planning and zoning matters. Idaho Code 67-6506 strictly prohibits participation40 by city
councilmembers, planning and zoning commissioners or staff "in any proceeding or action when
the [person] or his employer, business partner, business associate, or any person related to him by
affinity or consanguinity within the second degree41 has an economic interest in the procedure or
action."
City officials should be aware that a knowing violation of this section is a misdemeanor, punishable
by a fine of up to $1,000 and six months imprisonment in the county jail.
Any actual or potential conflict of interest involving a planning and zoning matter must be disclosed
at a meeting on the record before the proceedings begin. The decision as to whether a conflict of
interest actually exists is made by the person with the assistance of the city attorney. Irrespective of
the person's decision, the potential conflict must be disclosed in open meeting before the
proceedings begin. If it is determined that a conflict of interest exists, the person must recuse
him/herself from any participation in the proceedings or voting at the outset of the process.
39 Idaho Code 18-1360.
ao participation is defined by Idaho Code 67-6506 as "engaging in activities which constitute deliberations pursuant
to the Open Meeting Act." The Open Meeting Law defines deliberation as: "the receipt or exchange of information
or opinion relating to a decision, but shall not include informal or impromptu discussions of a general nature which
do not specifically relate to a matter then pending before the public agency for decision." Idaho Code 74-202(2).
" Relatives "by affinity or consanguinity within the second degree" includes relatives by blood or marriage,
including: spouses, parents, siblings, children, grandparents, grandchildren, cousins, aunts and uncles, nieces and
nephews.
11
CONFLICTS OF INTEREST CONCERNING LOCAL IMPROVEMENT DISTRICTS
Many city elected officials in Idaho are business owners and an elected official's business
interests can lead to potential conflicts of interest.
In the case of local improvement districts (LIDs), the Idaho Supreme Court has held that
ownership of property in an LID does not disqualify a councihnember from participating in
proceedings to form the district or levy assessments on properties.42 The Court cited three
reasons for this rule.
To the extent that any benefit accrues to property within an LID, there is a special
assessment imposed to pay the cost. Councilmembers benefitting from LID
improvements pay assessments to fund the project, just like other property
owners.
• The councilmember is not the sole beneficiary of the improvements; the project
benefits other property owners in the district.
• Disqualification of public officials who own property in a proposed LID
"...would often have the effect of prohibiting a governing body from performing
its statutory functions because of the absence of a necessary quorum or majority."
Because the Ethics in Government Act was enacted following the Simmons riling, city
officials owning property within the boundaries of a proposed local improvement district
should follow the disclosure requirements of Idaho Code 74-404.
URBAN RENEWAL CONFLICTS OF INTEREST
Idaho's urban renewal law specifically prohibits city and urban renewal agency officials
(including elected officials, urban renewal commissioners, and staff of the city and urban
renewal agency) from voluntarily acquiring any direct or indirect personal interest in an urban
renewal project or property included or planned to be included in an urban renewal project, or in
any contract or proposed contract in connection with an urban renewal project.43
The law requires city officials to disclose conflicts of interest relating to urban renewal projects.
Where the person involuntarily acquires an interest in property that would be
affected by an urban renewal project, the person must disclose the interest in
writing to the urban renewal agency board and the disclosure is entered in the
meeting minutes.
"Simmons v. City of Moscow, 111 Idaho 14, 720 P.2d 197 (1986).
41 Idaho Code 50-2017.
12
If any person owns or controls, or owned or controlled within the preceding two
years, any direct or indirect interest in any property that is known to be included
or planned to be included in an urban renewal project, the interest must be
disclosed in writing to the urban renewal agency board and entered in the meeting
minutes. The law requires the person to not participate in any action by the city
or urban renewal agency affecting the property.
Any violation of the provisions of Idaho Code 50-2017 constitutes misconduct in office.
INCOMPATIBILITY OF OFFICE
The common law doctrine of incompatibility of office prevents a person from simultaneously
holding two inherently incompatible offices. Incompatibility arises as a result of conflict or
inconsistency in the functions of offices, as where one office is subordinate to another, or subject
to its supervision or control, or where the duties of the offices clash, or where one holds power of
appointment or removal over the other. An authority on municipal law explains:
Public policy demands that an officeholder discharge his or her duties with
undivided loyalty. The doctrine of incompatibility is intended to assure
performance of that quality. Its applicability does not turn upon the integrity of
the person concerned or his or her individual capacity to achieve impartiality, for
inquires of that kind would be too subtle to be rewarding. The doctrine applies
inexorably if the offices come within it, no matter how worthy the officer's
purpose or extraordinary his or her talent.44
Thus, a mayor or councilmember cannot simultaneously serve as city clerk, attorney, treasurer,
city administrator or police chief. Likewise, a mayor or councilmember could not serve
simultaneously as a member of the city or county planning and zoning commission45 or on the
board of county commissioners.46 Examples where incompatibility has been found not to exist
include: city attorney and state legislator, and mayor and state legislator.47
MISCELLANEOUS LAWS DEALING WITH CONFLICTS OF INTEREST
In addition to the laws outlined above Idaho Code includes several other conflict of
interest provisions of interest to city officials.
McQuillen, Eugene. The Law of Municipal Corporations. Vol. 3. West Group, 2001, p. 367.
as Attorney General's Opinion 6-18-1987(a) addresses the question of a county planning and zoning commission
member simultaneously serving on the city council.
" Attorney General's Opinion 8-28-2003.
47 Attorney General's Opinion 4-30-1991.
13
• Idaho Code 19-5109: The Peace Officer Standards & Training Council may
decertify any officer who violates the standards of conduct as established by the
POST Council's code of ethics.
• Idaho Code 20-804: The city council may not contract with a private prison
contractor in which the mayor, a councilmember, any appointed peace officer or
other city official has an interest pursuant to Idaho. Code Title 74, Chapter 5. Any
contract made in violation of this section may be declared void by the courts.
• Idaho Code 39-7408B: A person nominated to represent a city on a site review
panel formed under the Idaho Solid Waste Facilities Act shall not have a conflict
of interest48 or derive any economic gain49 from the location or siting of the
proposed commercial solid waste facility.
• Idaho Code 39-7908: A person nominated to represent a city on a site review
panel formed under the Local Option Swine Facilities Siting Act shall not have a
conflict of interest50 or derive any economic gain" from the location of the
proposed or expanding swine facility.
• Idaho Code 50-2705: A director, officer, agent or employee of a municipal
industrial development corporation is prohibited from having any direct or
indirect financial interest in any property to be included in or any contract for
property, services or materials to be furnished or used in connection with any
industrial development facility. Violation of this section is a misdemeanor.
48 The law provides the definition of conflict of interest mirrors that found in Idaho Code 74-403(4): "...any official
action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which
would be to the private pecuniary benefit of the person or a member of the person's household, or a business with
which the person or a member of the person's household is associated, unless the pecuniary benefit arises out of the
following:
(a) An interest or membership in a particular business, industry, occupation or class required by law as a prerequisite
to the holding by the person of the office or position;
(b) Any action in the person's official capacity which would affect to the same degree a class consisting of an
industry or occupation group in which the person, or a member of the person's household or business with which the
person is associated, is a member or is engaged;
(c) Any interest which the person has by virtue of his profession, trade or occupation where his interest would be
affected to the same degree as that of a substantial group or class of others similarly engaged in the profession, trade
or occupation;
(d) Any action by a public official upon any revenue measure, any appropriation measure or any measure imposing a
tax, when similarly situated members of the general public are affected by the outcome of the action in a
substantially similar manner and degree."
49 Economic gain is defined by Idaho Code 74-403(5): an "increase in pecuniary value from sources other than
lawful compensation as a public official."
50 See the definition of "conflict of interest" above.
S1 See the definition of "economic gain" above.
14
QUESTIONS & ANSWERS
Why does Idaho have laws governing conflicts of interest, contracts with officers, bribery,
etc.?
The purpose of these laws is to establish a baseline for conduct by public officials. However,
questions of ethics are often much more complicated than one might think after perusing the Ethics
in Government Act and other laws. This is because public officials are tried in courts of public
opinion as well as courts of law, and courts of public opinion do not look kindly on public officials
who attempt to rationalize ethically questionable activity. Public office is a public trust and the
public has the right to expect the highest ethical behavior from public servants.
Nepotism: Is an existing city employee's job in jeopardy if a close family member is elected
mayor or councilmember?
Under Idaho Code 18-1359(5), an existing employee is entitled to retain their position when,a
relative within the second degree is elected to city office. The employee may also "receive
general pay increases, step increases, cost of living increases, and/or other across the board
increases in salary or merit increases, benefits and bonuses or promotions."
Conflict of Interest: What action is required if a city official believes he/she has a conflict of
interest?
The Ethics in Government Act defines conflict of interest as "any official action or any decision
or recommendation by a person acting in a capacity as a public official, the effect of which
would be to the private pecuniary benefit of the person or a member of the person's household,
or a business with which the person or a member of the person's household is associated."
In order to determine if a conflict of interest exists, the public official should seek advice from
the city attorney. If the city attorney advises that no real or potential conflict of interest exists,
the official may proceed to act and is not subject to the provisions of the Ethics in Government
Act.
If the city attorney advises that a real or potential conflict of interest may exist, then the official
must disclose the conflict.
• An elected city official must disclose the nature of the conflict on the record at a council
meeting prior to acting on the matter and is subject to any city rules governing
conflicts of interest. The Ethics in Government Act mandates disclosure of conflicts of
interest, but does not require elected officials to abstain from debating and voting on the
matter (other provisions of Idaho law, such as the ethics provisions for planning and
zoning, require elected officials to recuse themselves from debating and voting once a
conflict of interest has been declared). A councilmember who decides to abstain from
debate and voting on a matter is still counted for quorum purposes.52 If a councilmember
52 Idaho Code 74-404(4).
15
asks to be excused from voting on an issue that involves a conflict or potential conflict of
interest, and the council does not excuse the individual from participating, the
councilmember is exempt from civil or criminal liability."
• An appointed or employed city official must prepare a written statement to the mayor and
council describing the matter and the nature of the conflict. The official is entitled to act
on the legal advice of the city attorney.54
Conflict of Interest: Are there exceptions to the definition of "conflict of interest" in the
Ethics in Government Act?
Yes. The act provides there is no conflict of interest if the pecuniary (financial or monetary)
benefit to a public official arises out of.
• An interest or membership in a particular business, industry, occupation or class
required by law as a prerequisite to the holding by the person of the office or
position (e.g. a city attorney's membership in the state bar);
Any action in the person's official capacity that affects the official, a member of the
official's household, or a business with which the official is associated in the same
manner as others engaged in the particular industry or occupation (e.g. a
councihnember who is also a building contractor could vote to raise building permit
fees, as long as the fees apply to all contractors across the board);
• Any interest that the person has by virtue of his profession, trade or occupation
where his interest would be affected to the same degree as that of a substantial group
or class of others similarly engaged in the profession, trade or occupation; or
Any action by a public official upon any revenue measure, any appropriation
measure or any measure imposing a tax, when similarly situated members of the
general public are affected by the outcome of the action in a substantially similar
manner and degree.
Contracts: Are there any circumstances where a city official or a relative of a city official
can contract with the city for goods or services?
A city official —elected or staff —or a relative of a city official (within the second degree, by
blood or marriage) can contract with the city if the following conditions are met:
• The contract is reasonably necessary to respond to a disaster; or
• The contract is competitively bid and the public official (or his/her relative)
submits the low bid. Neither the public official nor the relative may take any part
ss Idaho Code 74-404(4).
14 Idaho Code 74-404(5).
16
in the preparation of the contract or bid specifications, and the public official must
recuse him/herself from voting on the contract and bid specifications. The public
official must provide full disclosure in writing to the city council of his/her or
his/her relative's interest in the contract and their intention to bid. The public
official or relative must not have violated any provision of Idaho law pertaining to
competitive bidding or improper solicitation of business.
Contracts: May the employers of a city elected official contract with the city?
The answer is yes under certain circumstances, such as when the official's interest is defined as
remote under Idaho Code 74-502, meaning the elected official is:
• A nonsalaried officer of a nonprofit corporation.
• An employee or agent of a contracting parry where the compensation of such
employee or agent consists entirely of fixed wages or salary.
• A landlord or tenant of a contracting party.
• A holder of less than one percent (1%) of the shares of a corporation or
cooperative that is a contracting party.
The remote interest must be disclosed to the mayor and city council at a council meeting
prior to any discussion of the matter, noted in the minutes of the meeting, and the official
with the remote interest must recuse himself from any participation or voting on the
matter. The council must approve the contract by a vote sufficient for it to pass without
the vote of the official with the remote interest. The official with the remote interest must
not attempt to lobby any decision maker concerning the contract.
Planning & Zoning: I currently serve as a councilmember and am also employed by
a business that has a conditional use permit application that will be considered by
the city council on which I serve. Should I follow the provisions of the Ethics in
Government Act (disclose and then participate) or should I follow the conflict of
interest law specific to planning and zoning issues (that requires disclosure and
nonparticipation)?
The Ethics in Government Act covers many conflict of interest situations, but the major
exceptions are where state law provides specific conflict of interest provisions, most
commonly for planning and zoning issues and urban renewal. In this situation you need
to follow the provisions of Idaho Code 67-6506, which requires the conflict to be
disclosed on the record and the official with the conflict must recuse themselves from any
participation or voting on the matter at the outset of the proceedings.
17
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3 ,
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3, .2
Childof Great rrcat Grandparent
Uncle/Aunt [Jocle/Aurae
3 2 2 1
Second Cousin Uncle/Aunt Parent
Cousin
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1
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Idaho Open Meetings Law Manual
July 2015
Association of Idaho Cities
3100 S. Vista Ave. Ste. 201
Boise, ID 83705
Tel. (208) 344-8594 or (800) 344-8594
Fax (208) 344-8677
www.idahocities.org
TABLE OF CONTENTS
INTRODUCTION.....................................................................................................................................3
UNDERSTANDING MEETING BASICS..............................................................................................3
MeetingsOpen to the Public.............................................................................................................3
MeetingLocation...............................................................................................................................3
What is a Public Agency for the Purposes of the Open Meetings Law?.......................................3
What is a Governing Body for the Purposes of the Open Meetings Law?....................................4
What is a Meeting for the Purposes of the Open Meetings Law?..................................................4
Advance Posting of Meeting Notice & Agenda................................................................................5
Understanding Posting Versus Publication.....................................................................................5
Assemblingthe Agenda.....................................................................................................................5
Quorum..............................................................................................................................................6
PresidingOfficer................................................................................................................................6
Dutiesof the Clerk.............................................................................................................................6
Participationby Speakerphone........................................................................................................6
WhoGets to Speak?...........................................................................................................................6
REGULARMEETINGS..........................................................................................................................7
Meeting Day, Time & Location ................
Meeting Notice ...........................................
Agenda........................................................
..........................................7
..........................................7
..........................................8
SPECIALMEETINGS.............................................................................................................................8
MeetingDay, Time & Location........................................................................................................8
Business Specified in Written Call...................................................................................................8
Methodof Call....................................................................................................................................8
WrittenNotice to Council.................................................................................................................8
MeetingNotice & Agenda.................................................................................................................9
EmergencyMeetings..........................................................................................................................9
VOTING....................................................................................................................................................9
WhoGets to Vote?.............................................................................................................................9
Methodsof Voting..............................................................................................................................9
Thresholdfor Approval.....................................................................................................................10
EXECUTIVESESSIONS.........................................................................................................................12
Who Can Attend Executive Sessions?..............................................................................................13
Minutes...............................................................................................................................................13
ProhibitedConduct...........................................................................................................................13
New Open Collective Bargaining Legislation..................................................................................13
MINUTES..................................................................................................................................................14
WhatMust be Included in Minutes?................................................................................................14
ExecutiveSession...............................................................................................................................14
WhatLevel of Detail is Required for Minutes?...............................................................................14
PENALTIES FOR VIOLATION & CURE PROCESS.........................................................................15
STEPS FOR ENTERING EXECUTIVE SESSION...............................................................................17
2
INTRODUCTION
The purpose for meetings is to provide a forum open to the public for the city council and city
boards, commissions and committees to meet and deliberate on issues relating to city
governance. These governing bodies derive their authority from acting collectively: no
individual member has authority to make decisions that bind the governing body or the city.
Open meetings of the city council and city boards, commissions and committees increase the
public's confidence in government by allowing them to see the deliberations and decision
making of these governing bodies. Open meetings also promote accountability on the part of
local officials by ensuring that their decisions are made in the light of day.
The Idaho Open Meetings Law sets forth basic requirements concerning public accessibility of
meetings, advance posting of the meeting notice and agenda, and drafting of meeting minutes.
Aside from the legal considerations, meetings represent an important opportunity to inform and
engage the public, which is an important consideration for city elected officials.
This manual was updated in July 2015 to reflect two important bills passed during the 2015
Idaho Legislature: House Bill 90, which relocated the Open Meetings Law from Title 67,
Chapter 23, Idaho Code to Title 74, Chapter 2, Idaho Code; and House Bill 167, which mandates
open collective bargaining by cities.
UNDERSTANDING MEETING BASICS
Meetings Open to the Public: The Idaho Open Meetings Law requires that "all meetings of a
governing body of a public agency shall be open to the public and all persons shall be permitted
to attend any meeting, except as otherwise provided by this act."'
The sole exception to the requirement for open meetings involves executive sessions, where the
public may be excluded from portions of a meeting that deal with sensitive topics that must be
discussed in secret to protect a person's right to privacy, allow the governing board to
communicate with its legal counsel concerning pending litigation, etc.2
Meeting Location: The Open Meetings Law prohibits holding of meetings at any place where
discrimination on the basis of race, creed, color, sex, age or national origin is practiced.'
What is a Public Agency for the Purposes of the Open Meetings Law? The Open Meetings
Law applies to public agencies, which are defined as:
1 Idaho Code 74-203(l).
2 Idaho Code 74-206.
1 Idaho Code 74-203(4).
"(a) any state board, commission, department, authority, educational institution or other state
agency which is created by or pursuant to statute, other than courts and their agencies and
divisions, and the judicial council, and the district magistrates commission;
(b) any regional board, commission, department or authority created by or pursuant to
statute;
(c) any county, city, school district, special district, or other municipal corporation or
political subdivision of the state of Idaho;
(d) any subagency of a public agency which is created by or pursuant to statute, ordinance, or
other legislative act."4
The Open Meetings Law applies not only to the city council, but also to city boards,
commissions and committees created by city ordinance or resolution (e.g. planning and zoning
commission, public works commission, library board, airport commission, historic preservation
commission, parks and recreation commission, etc.). The law also applies to independent
entities such as housing authorities and urban renewal agencies. All these entities are required to
post notice and agendas for upcoming meetings, as well as draft minutes of their meetings.
What is a Governing Body for the Purposes of the Open Meetings Law? The Open
Meetings Law defines a governing body as "the members of any public agency which consists of
two or more members, with the authority to make decisions for or recommendations to a public
agency regarding any matter."' For the purposes of the Open Meetings Law, the term governing
body includes the city council and city boards, commissions, and committees (e.g. urban renewal
agency board, planning and zoning commission, parks and recreation commission, housing
authority board, etc.).
What is a Meeting for the Purposes of the Open Meetings Law? The requirements of the
Open Meetings Law, which include posted notice and agenda, and meeting minutes, come into
play when a quorum of the council or a city board, commission or committee meets for the
purpose of deliberating and/or making decisions on issues related to city government.'
Questions often arise as to whether work sessions, study sessions or public input sessions
constitute meetings for the purpose of compliance with the Open Meetings Law. Make no
4 Idaho Code 74-202(4).
5 Idaho Code 74-202(5).
6 Idaho Code 74-202(6) defines meeting as: "the convening of a governing body of a public agency to make a
decision or to deliberate toward a decision on any matter."
Idaho Code 74-202(1) defines decision as: "any determination, action, vote or final disposition upon a motion,
proposal, resolution, order, ordinance or measure on which a vote of a governing body is required, at any meeting at
which a quorum is present, but shall not include those ministerial or administrative actions necessary to carry out a
decision previously adopted in a meeting held in compliance with this chapter."
Idaho Code 74-202(2) defines deliberation as: "the receipt or exchange of information or opinion relating to a
decision, but shall not include informal or impromptu discussions of a general nature which do not specifically relate
to a matter then pending before the public agency for decision."
n
mistake: regardless of what the meeting is called, if a quorum is present to discuss issues relating
to city government, the city must comply with the requirements of the Open Meetings Law.
Advance Posting of Meeting Notice & Agenda: The Open Meetings Law requires that notice
of an upcoming meeting and an agenda must be posted in a prominent place at the principal
office of the city, or if the city has no principal office, then at the place where the meeting will be
held (see sections on regular and special meetings below for more information). Meeting notice
must include the name of the city; the governing body calling the meeting; and the date, time and
place of the meeting. The agenda must include a brief summary of each issue to be discussed.
Understanding Posting Versus Publication: The term "posting" is often confused with
"publishing." Posting is tacking up a notice or agenda on the bulletin board at city hall.
Publication is printing a legal notice in the city's official newspaper. In addition to posting of
meeting notice and agenda, there are certain issues that require published legal notice, generally
in the context of public hearings (for more information on budget, land use and other state law
publication and hearing requirements see the AIC Public Notification Manual).
Assembling the Agenda: It is the city clerk's responsibility to assemble the agenda for council
meetings, collecting suggestions from the mayor, councilmembers, and city staff. Idaho law
provides that the mayor presides at council meetings and determines the order of business
"subject to such rules as the council may prescribe..."'
It is important to remember these are council meetings: councilmembers should be able to
request items be included on the agenda, with the exception of frivolous and/or unnecessarily
repetitive requests. Setting the agenda is a shared responsibility and takes cooperation between
the mayor and councilmembers.
The agenda must include the following.
• The name of the city.
• The name of the governing body that is convening the meeting.
• The date, time and place of the meeting.
• All issues that are expected to be discussed summarized in sufficient detail to allow a
citizen to understand what will be discussed and make an informed decision as to whether
to attend the meeting.
• If an executive session will be held, the authorization under Idaho Code 74-206(1) for
holding the executive session.
When drafting the agenda it is important to avoid using acronyms, jargon and other language that
is impossible for the general public to understand. Agenda descriptions such as New Business,
Idaho Code 50-602.
Old Business and Public Works Director's Report do not provide sufficient detail for citizens to
understand what will be discussed.
Quorum: The quorum required for the transaction of business at a regular or special council
meeting is a majority of the members of the full council.$ It is important to note that council
vacancies do not reduce the number required for a quorum.9 The mayor is not counted for
quorum purposes. If the council president or another councilmember is chairing the meeting,
they are counted for quorum purposes.
Presiding Officer: The mayor presides over city council meetings.10 In the mayor's absence,
the council president presides over the meeting. If both the mayor and council president are
absent, the council may designate one of the members in attendance as temporary chair (some
cities select a council vice president or president pro tempore to serve as the backup if the
council president is unavailable). When the council president or another councilmember
presides over the meeting, they retain their rights and responsibilities as a councilmember: they
can vote as a councilmember and are counted for quorum purposes (but cannot break tie votes of
the council, which is reserved exclusively for the mayor).
Duties of the Clerk: The city clerk is required by law to keep a journal of proceedings of the
council." The journal consists of the city council minutes, as well as ordinances and resolutions
passed by the council.
Participation by Speakerphone: Councilmembers and members of other governing bodies may
participate in meetings remotely by speakerphone or video conferencing, as long as the person(s)
participating remotely can clearly hear those in attendance at the meeting and those in attendance
can clearly hear the person(s) participating remotely.12 Those participating by speakerphone or
video conference are counted for quorum purposes and can vote just as if they were physically
present at the meeting. The mayor, city administrator/city manager, or a member of the
governing body must be present in person at the meeting location to ensure the meeting is open
to members of the public.
Who Gets to Speak? The public has the right to attend meetings with the exception of lawful
executive sessions, but opportunities for the public to speak are generally limited to designated
public comment periods and to public hearings.
Many cities provide a public comment period on the agenda of regular council meetings. While
this provides an important opportunity to hear from the public, there should also be reasonable
sideboards: issues must be relevant to city government, no repetitive or abusive comments,
complaints about city staff must be made to the mayor, time is limited to 3-5 minutes per
a Idaho Code 50-705.
9 McQuillin, Eugene. The Law of Municipal Corporations. Volume 4, Yd Edition Revised, Clark Boardman
Callaghan, 2001, p. 818. "In determining the legal quorum of a municipal governing body, ordinarily the whole
membership of the body is to be counted. Where vacancies occur, the whole number entitled to membership must
be counted and not merely the remaining members."
11 Idaho Code 50-602.
11 Idaho Code 50-207.
12 Idaho Code 74-203(5).
31
speaker, and any issue requiring council action must be put on the agenda of a future council
meeting.
No person has the right to disrupt a meeting; the presiding officer can order the removal of any
person who disrupts a meeting.
REGULAR MEETINGS
Meeting Day, Time & Location: Regular council meetings "shall be held each month at such
place and times as the council may establish by ordinance."13 For example, the City of Post
Falls' ordinance provides:
"The city council shall meet regularly on the first and third Tuesday of each
month at six o'clock (6:00) P.M. at city hall."
For city boards, commissions and committees, the regular meeting day, time and location may be
set by resolution or motion of the board/commission/committee.
Meeting Notice: A city can satisfy the meeting notice requirement for regular meetings in one of
two ways.14
• Notice may be posted at least five calendar days before the meeting in a
prominent place at the city's principal office, or if the city has no principal office,
at the place where the meeting will be held. For example:
The City Council of the City of Iona will hold a regular meeting in the Council
Chambers of Iona City Hall, 3548 North Main on Tuesday, July 21, 2015 at 6:30 p.m.
City Hall and the Council Chambers are accessible for persons with disabilities. Any
person needing special accommodations to participate in the meeting should contact
the City Clerk, Julie Hammond, at least 24 hours prior to the meeting. The city
clerk's phone number is 523-5600.
The regular meeting day(s) may be posted in a prominent place at the city's
principal office, or if the city has no principal office, at the place where the
meeting will be held. For example:
The City Council of the City of Iona holds regular meetings in the Council Chambers
of Iona City Hall, 3548 North Main on the third Tuesday of each month at 6:30 p.m.
City Hall and the Council Chambers are accessible for persons with disabilities. Any
person needing special accommodations to participate in the meeting should contact
the City Clerk, Julie Hammond, at least 24 hours prior to the meeting. The city
clerk's phone number is 523-5600.
is Idaho Code 50-705.
14 Idaho Code 74-204(1).
7
Aeenda: The agenda for a regular meeting must be posted at least 48 hours prior to the meeting
in a prominent place at the city's principal office, or if the city has no principal office, at the
place where the meeting will be held.15 The agenda may be amended to add unanticipated issues
arising after the original agenda is posted.16 The revised agenda must be posted as soon as
possible. If the change is made less than 48 hours before a regular meeting, or at the meeting,
the governing body must pass a motion to amend the agenda stating the purpose and the good
faith reason why the item was not listed on the original agenda. Amending the agenda should be
used sparingly and only when the issue can't wait until the next meeting.
SPECIAL MEETINGS
Meeting Day, Time & Location: Special council meetings are held on dates and times other
than prescribed by city ordinance for regular council meetings. Special meetings of city boards,
commissions and committees are held on dates and times other than the regularly scheduled
meetings.
Business Specified in Written Call: Special meetings are held for the conduct of business
specified in a written meeting call, to deal with certain issues that generally need to be resolved
before the next regular meeting, or when a regular meeting is rescheduled due to a holiday, lack
of quorum, etc. There is no restriction in state law on the number of items that can be on the
agenda for a special meeting.
Method of Call: Special council meetings must be initiated by one of two methods:
✓ Call by the Mayor: The mayor may calla special council meeting.17
✓ Call by the Council: A majority of the full council may call a special meeting.18
The bylaws or policies governing city boards, commissions and committees establish the method
for calling special meetings.
Written Notice to Council: Regardless of whether the special council meeting is called by the
mayor or the council, the councilmembers must be notified of the date, time, place and issue(s)
to be considered at the special meeting in writing, and the written meeting notice and the
disposition of the issues must be entered in the council minutes. 19
15 Idaho Code 74-204(1).
11 Idaho Code 74-204(4).
17 Idaho Code 50-604.
18 Idaho Code 50-706.
19 Idaho Code 50-604; 50-706.
Meeting Notice & Agenda: Meeting notice and agenda for special meetings must be posted at
least 24 hours prior to the meeting (except in emergencies, see below) in a prominent place at the
city's principal office, or if the city has no principal office, at the place where the meeting will be
held.20 The city clerk or other city staff are required to maintain a list of news media requesting
notice of meetings and must make a good faith effort to provide advance notice of the time and
place of each special meeting.
The agenda for a special meeting may be amended to accommodate unanticipated issues arising
is posted The revised agenda must be posted as soon as possible. If
after the original agenda
the change is made less than 24 hours before a special meeting or at the meeting, the governing
body must pass a motion to amend the agenda stating the purpose and the good faith reason why
the item was not listed on the original agenda. Amending the agenda should be used sparingly
and only when the issue can't wait until the next meeting.
Emergency Meetings: The Open Meetings Law provides that "No special meeting shall be held
without at least a twenty-four (24) hour meeting and agenda notice, unless an emergency
exists."22 In the case of emergency meetings, the city must post notice and the agenda as soon as
possible and the city clerk must make a good faith effort to notify members of the news media
who have requested notification of meetings. The law defines an emergency as a "a situation
involving injury or damage to persons or property, or immediate financial loss, or the likelihood
of such injury, damage or loss, when the notice requirements of this section would make such
notice impracticable, or increase the likelihood or severity of such injury, damage or loss, and the
reason for the emergency is stated at the outset of the meeting."
VOTING
Who Gets to Vote? Councilmembers have the right to vote on issues. The mayor does not vote
except in the case of breaking tie votes of the council.23 Rules on voting by members of city
boards, commissions and committees can be found in the bylaws and other city policies
governing these bodies.
Methods of Voting: Two methods of voting may be used in meetings. In a voice vote, the
presiding officer asks all those in favor of the motion to say "aye," and all those opposed to say
"no." Voice voting is often the default method of voting, unless a roll call vote is requested by a
member of the governing body, or required by state law or local policy. The disposition of a
voice vote is recorded in the minutes (i.e. motion carried or motion failed) along with any
members of the minority who wish to have their vote recorded in the minutes.
20 Idaho Code 74-204(2).
21 Idaho Code 74-204(4).
22 Idaho Code 74-204(2).
23 Idaho Code 50-602.
E
In a roll call vote, the clerk announces the name of each member of the governing body, who
replies by saying "aye" or "no" on the motion. The disposition of the roll call vote is recorded in
the minutes (i.e. motion carried or motion failed) with the vote of each member listed separately.
The Open Meetings Law provides that a roll call vote may be requested by a single member of
the governing body.24 Other provisions of Idaho law require a roll call vote for specific issues,
including:
✓ The motion to go into executive session.25
✓ Passage of ordinances.26
✓ Passage of resolutions or orders approving contracts.27
Some city councils have set a policy to have all matters decided by roll call vote, which is more
convenient than having to remember all the specific items for which a roll call vote is required
and effectively prevents accidentally voting by the wrong method.
It is important to note that the Open Meetings Law expressly prohibits voting by secret ballot.28
Threshold for Approval: Most issues can be decided by a majority of the members voting,29
while some issues specifically require majority vote of the full council, including:
• Adoption of a franchise ordinance.3o
• Confirmation of the mayor's nomination for an appointed office.3 i
• Confirmation of the mayor's removal of an appointive officer, such as the city clerk,
treasurer, attorney or other appointed positions established by local policy.32
• Adoption of an ordinance providing for leasing of mineral rights.33
• Overriding the mayor's veto of an ordinance.3¢
24 Idaho Code 74-205(1)(c).
25 Idaho Code 74-206(1).
26 Idaho Code 50-902.
2' Idaho Code 50-902.
28 Idaho Code 74-203(1).
29 Idaho Code 50-705.
30 Idaho Code 50-329.
31 Idaho Code 50-205.
32 Idaho Code 50-206 provides "Any appointive officer, unless appointed under sections 50-801 through 50-812,
may be removed by the mayor for any cause by him deemed sufficient; but such removal shall be by and with the
affirmative vote of one half (1/2) plus one (1) of the members of the full council; provided, that the city council, by
the unanimous vote of all its members, may upon their own initiative remove any appointive officer."
33 Idaho Code 50-234.
3a Idaho Code 50-611.
10
• Calling special meetings of the city council."
• Calling a special election on adoption of the council-manager form of government.36
• Dispensing with the requirement for ordinances to be read on three separate days and
once in full.31
• Declaring an emergency caused by casualty, accident or act of nature and authorizing
short-term borrowing to pay for the costs of repairs or improvements.38
• Authorizing the use of portions of public parks, playgrounds or other grounds for athletic
contests, golf links, agricultural exhibits, ball parks, fairs, rodeos, swimming pools and other
amusements, and for military units of the state of Idaho or the United States, and making
and entering contracts with the appropriate organizations and associations.39
• Initiation of a local improvement district by council resolution."
• Creation of a local improvement district when the owners of more than two-thirds of the
property to be assessed have protested."
• Sale of property deeded to the city as a result of unpaid local improvement district
assessments.42
• Passage of an ordinance providing for disposition of excess revenues in a Local
Improvement Guarantee Fund.43
• Council override of the term limits provision limiting planning and zoning
commissioners to no more than two full, consecutive terms.44
35 Idaho Code 50-706.
36 Idaho Code 50-802.
37 Idaho Code 50-902.
38 Idaho Code 50-1006.
39 Idaho Code 50-1409.
40 Idaho Code 50-1706.
41 Idaho Code 50-1709.
42 Idaho Code 50-1751.
43 This action requires three -fourths vote of the full council. Idaho Code 50-1769.
44 Idaho Code 67-6504(a)(3) provides "...The term of office for [planning and zoning commission] members shall be
not less than three (3) years, nor more than six (6) years, and the length of term shall be prescribed by ordinance. No
person shall serve more than two (2) full consecutive terms without specific concurrence by two-thirds (2/3) of the
governing board adopted by motion and recorded in the minutes."
11
EXECUTIVE SESSIONS
The Open Meetings Law provides that specific topics may be considered in closed executive
session at regular or special council meetings.45 The motion to go into executive session must be
decided by roll call vote recorded in the minutes by individual vote, and the motion must be
approved by two-thirds vote in order to pass. The motion must state the specific subsection(s) of
Idaho Code 74-206(1) that authorizes the executive session.
(a) To consider hiring a public officer, employee, staff member or individual
agent, wherein the respective qualities of individuals are to be evaluated in order
to fill a particular vacancy or need. This paragraph does not apply to filling a
vacancy in an elective office or deliberations about staffing needs in general;
(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints
or charges brought against, a public officer, employee, staff member or individual
agent, or public school student;
(c) To acquire an interest in real property which is not owned by a public agency;
(d) To consider records that are exempt from disclosure as provided in chapter 1,
title 74, Idaho Code;
(e) To consider preliminary negotiations involving matters of trade or commerce
in which the governing body is in competition with governing bodies in other
states or nations;
(f) To communicate with legal counsel for the public agency to discuss the legal
ramifications of and legal options for pending litigation, or controversies not yet
being litigated but imminently likely to be litigated. The mere presence of legal
counsel at an executive session does not satisfy this requirement;
Subsections (g) and (h) apply to the Commission of Pardons & Parole and the
Custody Review Board of the Idaho Department of Juvenile Corrections and
are not relevant for cities.
(1) To engage in communications with a representative of the public agency's risk
manager or insurance provider to discuss the adjustment of a pending claim or
prevention of a claim imminently likely to be filed. The mere presence of a
representative of the public agency's risk manager or insurance provider at an
executive session does not satisfy this requirement; or
0) To consider labor contract matters authorized under section 67-2345A [74-
206A](1)(a) and (b), Idaho Code.
45 Idaho Code 74-206.
12
Who Can Attend Executive Sessions? The mayor and council have discretion to determine
what persons need to attend the executive session and can summon and excuse these individuals
as necessary. The city clerk does not need to attend the executive session unless requested by the
council.
Minutes: Minutes are not kept in executive session, but the minutes of the council meeting must
reflect: the motion to go into executive session citing the specific subsection(s) of Idaho Code
74-206(1) authorizing the executive session; the roll call vote on the motion with every
councilmember's vote recorded individually; and the time when the council entered executive
session and the time when the executive session ended. If notes do need to be taken, they should
be taken by your city attorney so they are protected by attorney -client privilege and are not
public record.
Prohibited Conduct: No executive session may be held for the purpose of taking any final
action or making any final decision.46 Changing the subject within executive session to one not
identified in the motion to enter or to any topic for which executive sessions are not allowed
constitutes a violation of the Open Meetings Law.47
New Open Collective Bargaining Legislation: Prior to July 1, 2015, the Open Meetings Law
permitted labor negotiations to be conducted in executive session if either side requested closed
meetings. As a result of the passage of House Bill 167 by the 2015 Idaho Legislature, all
negotiations between a governing body (or its designated representatives) and a labor
organization must occur in meetings open to the public preceded by notice.48 Open meetings are
also required for any meetings with any labor negotiation arbitrators, mediators or other
facilitators.
The city council (or its designated representatives) may hold an executive session to consider
labor contract offers or formulate counteroffers, as well as receive information about a specific
employee, when the information has a direct bearing on the issues being negotiated and a
reasonable person would conclude that the release of the information would violate the
employee's right to privacy.
All documentation exchanged between the parties during negotiations, including offers,
counteroffers, and meeting minutes is public record. The city must post notice of the negotiation
sessions "at the earliest possible time practicable" by immediately putting the notice on the front
page of the city's website and, if time permits, posting notice within 24 hours on the bulletin
board at city hall. If public testimony will be allowed at the meeting, it must be posted as an
agenda item.
The provisions of HB 167 will sunset or expire July 1, 2020.
46 Idaho Code 74-206(3)
47 Idaho Code 74-206(2)
48 Idaho Code 74-206A.
13
MINUTES
The city clerk is responsible for ensuring that accurate minutes are taken of every meeting of the
city council, although the city clerk is not required to personally prepare the minutes.49 Minutes
must also be prepared for meetings of city boards, commissions and committees. The council or
governing body should approve the minutes by motion, noting any desired changes. After
approval, the minutes should be signed by the city clerk or the person responsible for taking
minutes for a city board, commission or committee.
What Must be Included in Minutes? The Open Meetings Law provides that minutes must be
"available to the public within a reasonable time after the meeting" and must include, at a
minimum, the following information.so
✓ The date, time and place of the meeting,
✓ The members of the governing body in attendance;
✓ All motions, resolutions, orders, or ordinances proposed and their disposition;
✓ The results of all votes, and upon the request of a member, the vote of each
member by name.
Executive Session: Minutes are not taken in executive session, but the meeting minutes
must include the following information. 51
• The motion to enter executive session with the specific subsection(s) of Idaho
Code 74-206(1) authorizing the executive session.
• The roll call vote on the motion to enter executive session, with each
councilmember's vote listed individually.
• The time the council entered executive session and the time the council
reconvened in public session.
• The minutes must not include information that would compromise the purpose of
going into executive session.
What Level of Detail is Required for Minutes? The level of detail in the minutes involves
tradeoffs and is an issue that each governing body must decide. More detail provides a more
useful account of the meeting for future generations, but takes more time and effort to produce.
A recording or verbatim transcript of the meeting is not required; however, cities are required to
49 Idaho Code 50-207.
50 Idaho Code 74-205.
51 Idaho Code 74-205(2).
14
have audio recordings of public hearings, deliberation and decisions on site -specific land use
issues that are retained for at least six months after the final decision.52
PENALTIES FOR VIOLATION & CURE PROCESS
The most significant penalty for violating the Open Meetings Law is that any action, or any
deliberation or decision making that leads to an action, that occurs at a meeting held in violation
of the Open Meetings Law is void.53
The law also sets forth fines for members of the governing body for violating the Open Meetings
Law. These fines are paid personally by the members of the governing body, not the city.
• A $250 civil fine for a member of the governing body who conducts or participates in a
meeting that violates the Open Meetings Law.54
• A $1,500 civil fine for knowing violation of the Open Meetings Law.55
• A $2,500 civil fine for repeated knowing violations of the Open Meetings Law within 12
months.56
• Undergoing the cure process (discussed below) protects members of the governing body
from the $250 civil fine, but does not protect them from liability for knowing violations.57
The most significant change resulting from the passage of Senate Bill 1142 by the 2009 Idaho
Legislature was the establishment of a process for curing Open Meetings Law violations. For
years, AIC and many city attorneys had advised following such a process, but without clear
guidance in the statute. The Open Meetings Law allows the governing body to acknowledge the
procedural defect and re -do the action in compliance with the law.58
The process begins when a violation is:
• Recognized by the governing body itself, or
• Brought to the attention of the governing body through a written complaint.
Sz Idaho Code 67-6536.
s3 Idaho Code 74-208(1).
5' Idaho Code 74-208(2).
55 Idaho Code 74-208(3).
56 Idaho Code 74-208(4).
57 Idaho Code 74-208(7)(d).
" Idaho Code 74-208(7).
15
If a written complaint is filed, the governing body has 14 days to respond publicly and:
• Acknowledge the violation and state an intent to cure it, or
• Respond that the governing body has determined there is no violation and no cure is
necessary.
After acknowledgement that a violation has occurred, the governing body has 14 days to declare
the action occurring at or resulting from the unlawful meeting void. The governing body may
proceed to reenact the decision in compliance with the Open Meetings Law.
16
Steps for Entering Executive Session
1. Motion. "I move that the council enter executive session pursuant to Idaho Code 74-206
subsection (1) (state the subsection(s) below that apply) and request a roll call vote on the
motion."
(a) To consider hiring a public officer, employee, staff member or individual agent (does not
apply to filling a vacancy in an elective office or deliberations about staffing needs in
general).
(b) To consider the evaluation, dismissal or disciplining of, or to hear complaints or charges
brought against, a public officer, employee, staff member or individual agent.
(c) To acquire an interest in real property which is not owned by a public agency.
(d) To consider records that are exempt from disclosure as provided in chapter 1, title 74,
Idaho Code.
(e) To consider preliminary negotiations involving matters of trade or commerce in which
the governing body is in competition with governing bodies in other states or nations.
(f) To communicate with legal counsel for the public agency to discuss the legal
ramifications of and legal options for pending litigation, or controversies not yet being
litigated, but imminently likely to be litigated.
Subsections (g) and (h) are not relevant for cities.
(i) To engage in communications with a representative of the public agency's risk manager
or insurance provider to discuss the adjustment of a pending claim or prevention of a claim
imminently likely to be filed.
0) To consider labor contract matters authorized under section 74-206A (1)(a) and (b), Idaho
Code.
2. Second. The motion must be seconded.
3. Roll Call Vote. The city clerk calls each councilmember's name, they vote yes or no on the
motion, and each councilmember's vote is recorded individually in the minutes.
4. Threshold for Approval. The motion must be approved by two-thirds vote.
5. Prohibited Conduct in Executive Session. The Idaho Open Meetings Law prohibits
changing the subject in executive session to any topic not identified in the motion to enter
executive session, or changing the subject to any topic for which executive sessions are not
allowed. Violation is punishable by a $250 civil fine; a knowing violation is punishable by a
$1,500 civil fine. Fines are paid personally by the city official, not the city.
17