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Government Policy Manual
CITY OF REXBURG POLICY MANUAL
Welcome!
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.
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.
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 policy manual 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 policy manual as soon as possible, for it will answer many questions about
employment with the City. Each employee is responsible for abiding by the expectations,
policies and guidelines of the Policy Manual. Individual Departments may also have
departmental/division Standard Operating Procedures (SOP's) that the employee should also
be familiar with and follow.
No policy manual 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.
We hope that your experience here is challenging, enjoyable, and rewarding. Again,
welcome!
Sincerely,
The Mayor and City Council
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Government Policy Manual
MISSION STATEMENT
As employees of the City of Rexburg
our goal is to improve the community.
We serve the citizens by strivina to understand
their needs and by responding with quality work.
R X
w
URG
America's Family Community
est 1883-
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Table of Contents
CITY OF REXBURG POLICY MANUAL . . . . . . . . . . . . . . . . 1
Mission Statement . . . . . . .
. . . . . . . . . . . . 2
Chapter 1 - Role and Authority . . . . . . . . . . . . .
. . . . . 6
100 - Policy Manual . . . . . . . . . . . . . . . .
. . . . . . 7
101 - Standards of Conduct for Elected Officials . . . . . . .
. . . . . . 9
102 - Standards of Conduct for All Employees . . . . . . . .
. . . . . 12
Chapter 2 - Organization and Administration . . . . . . . .
. . . . . 18
200 - Electronic Mail . . . . . . . . . . . . . . . .
. . . . . 19
201 - Information Technology Use . . . . . . . . . . . .
. . . . . 20
202 - Al Policy . . . . . . . . . . . . . . . . . .
. . . . . 23
203 - Local Government Use of Social Media . . . . . . . .
. . . . . 26
204 - General Policy on Purchases . . . . . . . . . . .
. . . . . . 29
205 - Subpoenas and Court Appearances . . . . . . . . .
. . . . . 30
206 - Limited English Proficiency Services . . . . . . . . .
. . . . . 32
207 - ADA Compliance . . . . . . . . . . . . . . .
. . . . . 38
208 - Emergency Management Plan . . . . . . . . . . .
. . . . . 48
209 - Volunteers . . . . . . . . . . . . . . . . . .
. . . . . 50
210 - Risk Management Guidelines . . . . . . . . . . .
. . . . . . 56
Chapter 3 - Employment . . . . . . . . . . . . .
. . . . . . . 58
300 -
Placement Authority . . . . . . . . . . . .
. . . . . . . . 59
301 -
Recruitment and Selection . . . . . . . . . .
. . . . . . . 61
302 -
Introductory Period . . . . . . . . . . . . .
. . . . . . . 67
303 -
Employment Categories . . . . . . . . . . .
. . . . . . . 68
304 -
Candidacy for Elective Office . . . . . . . . .
. . . . . . . . 71
305 -
Progressive Discipline . . . . . . . . . . . .
. . . . . . . 73
306 -
Employment Termination . . . . . . . . . . .
. . . . . . . 76
Chapter 4 - Personnel Conduct . . . . . . . . . . . . .
. . . . . 78
400 - Workplace Violence . . . . . . . . . . . . . . .
. . . . . 79
401 - Drug -and Alcohol- Free Workplace . . . . . . . . . .
. . . . . 82
402 - Smoking and Tobacco Use . . . . . . . . . . . .
. . . . . 85
403 - Security Inspections . . . . . . . . . . . . . . .
. . . . . 86
404 - Speech, Expression, and Social Networking . . . . . . .
. . . . . 87
405 - Personal Appearance Standards . . . . . . . . . . .
. . . . . 90
406 - Dress Code . . . . . . . . . . . . . . . . .
. . . . . 93
407 - Outside Employment . . . . . . . . . . . . . .
. . . . . 95
408 - Conflict of Interest . . . . . . . . . . . . . . .
. . . . . 98
409 - Complaints . . . . . . . . . . . . . . . . .
. . . . . 101
410 - Discriminatory Harassment . . . . . . . . . . . .
. . . . . 105
411 - Anti -Retaliation . . . . . . . . . . . . . . . .
. . . . . 112
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412 - Title VI Complaints . . . . . . . . . . . . . . . . . . . 116
Chapter 5 - Risk Management . . . . . . . . . . . . .
. . . . . 118
500 - Illness and Injury Prevention . . . . . . . . . . .
. . . . . 119
501 - Work -Related Illness and Injury Reporting . . . . . . .
. . . . . 124
502 - Communicable Diseases . . . . . . . . . . . . .
. . . . . 126
503 - Accident Procedure . . . . . . . . . . . . . .
. . . . . 129
504 - Temporary Modified -Duty Assignments . . . . . . . .
. . . . . 131
505 - Fitness For Duty . . . . . . . . . . . . . . .
. . . . . 135
Chapter 6 - Payroll and Scheduling . . . . . . . . . .
. . . . . . 137
600 - Compensation . . . . . . . . . . . . . . .
. . . . . . 138
601 - Time Keeping . . . . . . . . . . . . . . .
. . . . . . 141
602 - Overtime Compensation . . . . . . . . . . .
. . . . . . . 143
603 - Paydays . . . . . . . . . . . . . . . . .
. . . . . . 146
604 - Pay Rate Calculation . . . . . . . . . . . .
. . . . . . . 148
605 - Payroll Records . . . . . . . . . . . . . .
. . . . . . 150
606 - Wage Reviews and Raises . . . . . . . . . . .
. . . . . . 151
607 - Performance Evaluations . . . . . . . . . . .
. . . . . . . 154
608 - Work Schedules . . . . . . . . . . . . . .
. . . . . . 158
609 - Meal Periods and Breaks . . . . . . . . . . .
. . . . . . 159
610 - Lactation Breaks . . . . . . . . . . . . . .
. . . . . . 161
611 - On -Call and Compensatory Time . . . . . . . . .
. . . . . . 163
612 - Pay Deductions and Set -Offs . . . . . . . . . .
. . . . . . 167
613 - Travel and Training Time . . . . . . . . . . .
. . . . . . 168
614 - Travel Reimbursement Policy . . . . . . . . . .
. . . . . . 172
Chapter 7 - Benefits . . . . . . . . . . . . . . . . . . .
. . 176
700 - Benefit Eligibility . . . . . . . . . . . . . . . . . .
. . 177
701 - Insurance - Life, Medical, Dental, Vision, Supplemental . . . . . .
. . 178
702 - Health Reimbursement Account HRA VEBA . . . . . . . . .
. . 179
703 - Insurance Cost Reimbursement . . . . . . . . . . . . .
. . 182
704 - Workers' Compensation Insurance . . . . . . . . . . . .
. . . 183
705 - Retirement Plans and Deferred Compensation 401(k) Plan . . . . .
. . 185
706 - Cafeteria Plan . . . . . . . . . . . . . . . . . . .
. . 187
707 - Benefits Continuation - COBRA . . . . . . . . . . . . .
. . 188
708 - Recreation and Wellness Benefits . . . . . . . . . . . .
. . . 189
709 - Retirement Celebration Policy . . . . . . . . . . . . . .
. . 191
Chapter 8 - Leaves of Absence . . . . . . . . . . . .
. . . . . . 192
800 - Family and Medical Leave . . . . . . . . . . .
. . . . . . 193
801 - Vacation . . . . . . . . . . . . . . . . .
. . . . . . 200
802 - Holidays . . . . . . . . . . . . . . . . .
. . . . . . 203
803 - Sick Leave . . . . . . . . . . . . . . . .
. . . . . . 205
804 - Sick Leave Bank . . . . . . . . . . . . . .
. . . . . . 209
805 - Sharing of Vacation and Sick Leave . . . . . . . .
. . . . . . 211
806 - Bereavement Leave . . . . . . . . . . . . .
. . . . . . 212
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807 - Jury Duty . . . . . . . . . . . . . . . . . . . . .
. 213
808 - Witness Duty . . . . . . . . . . . . . . . . . . . .
. 214
809 - Military Leave . . . . . . . . . . . . . . . . . . . .
. 215
810 - Exempt Employee Treatment of Leave . . . . . . . . . . . .
. 216
Chapter 9 - Purchasing Rules . . . . . . . . . . . . . . . . .
. 217
900 - Bidding Procedures . . . . . . . . . . . . . . . . . .
. 218
901 - Purchase Orders . . . . . . . . . . . . . . . . . . .
. 220
902 - Purchase Card Program . . . . . . . . . . . . . . . .
. . 221
903 - Purchases from Related Parties . . . . . . . . . . . . . .
. 224
904 - Payment of Invoices . . . . . . . . . . . . . . . . . .
. 225
905 - Petty Cash Management . . . . . . . . . . . . . . . .
. . 226
Chapter 10 - Facilities . . . . . . . . . . . . . . . . . . .
. . 229
1000 - Key and Electronic Access Device Controls . . . . . . . . . .
. 230
1001 - Public Safety Video Surveillance System . . . . . . . . . . .
. 232
1002 - Use of Public Facilities . . . . . . . . . . . . . . . .
. . 235
1003 - Memorials on Public Property . . . . . . . . . . . . . .
. . 238
1004 - Flags . . . . . . . . . . . . . . . . . . . . . .
. 242
Chapter 11 - Equipment and Technology . . . . . . . . . . . . .
. 244
1100 - Local Government -Owned and Personal Property . . . . . . . .
. 245
1101 - Personal Communication Devices . . . . . . . . . . . . .
. 247
1102 - Vehicle Maintenance . . . . . . . . . . . . . . . . .
. 252
1103 - Vehicle Use . . . . . . . . . . . . . . . . . . . .
. 254
1104 - Vehicle Safety Restraints/Safety Belts . . . . . . . . . . . .
. 260
1105 - Personal Protective Equipment . . . . . . . . . . . . . .
. 262
1106 - Physical Asset Management . . . . . . . . . . . . . . .
. 264
Chapter 12 - Records and Documents . . . . . . . . . . . . . .
. 268
1200 - Records Maintenance and Release . . . . . . . . . . . .
. . 269
1201 - Protected Information . . . . . . . . . . . . . . . . .
. 273
1202 - Personnel Records . . . . . . . . . . . . . . . . . .
. 275
Chapter 13 - Appendices . . . . . . . . . . . . . . . . . .
. . 278
1300 - Appendix A: Organizational Chart and Department Breakdown . . . .
. 279
1301 - Appendix B: Consanguinity Chart . . . . . . . . . . . . .
. 282
1302 - Appendix C: FLSA Exempt Positions . . . . . . . . . . . .
. 283
1303 - Appendix D: Department Heads . . . . . . . . . . . . .
. . 284
1304 - Appendix E: Certifications That Merit A Step -Raise . . . . . . .
. . 285
Attachments .
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Chapter 1 - Role and Authority
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Policy Manual
100.1 PURPOSE AND SCOPE
The manual of the City is hereby established and shall be referred to as the Policy Manual or the
manual. The manual is a statement of the current policies, procedures, rules, and guidelines of
this city. All employees are to conform to the provisions of this manual.
All prior and existing manuals, orders, and regulations that are in conflict with this manual are
rescinded, except to the extent that portions of existing manuals, orders, and other regulations that
have not been included herein shall remain in effect where they do not conflict with the provisions
of this manual.
100.2 POLICY
Except where otherwise expressly stated, the provisions of this manual shall be considered
as guidelines. It is recognized that circumstances may arise that warrant departure from these
guidelines. It is the intent of this manual to be viewed from an objective standard, taking into
consideration the sound discretion entrusted to employees of this city under the circumstances
reasonably available at the time.
100.2.1 DISCLAIMER
The provisions contained in the Policy Manual are not intended to create an employment contract
nor any employment rights or entitlements. The policies contained within this manual are for the
internal use of the City and shall not be construed to create a higher standard or duty of care for
civil or criminal liability against the City, its officials, or its employees. Violations of any provision of
any policy contained within this manual shall only form the basis for administrative action, training,
or discipline. The City reserves the right to revise any policy content, in whole or in part.
100.3 AUTHORITY
The City Council shall be considered the ultimate authority for the content and adoption of the
provisions of this manual and shall ensure compliance with all applicable federal, state, and local
laws, rules, and ordinances. The City Council or the authorized desig is authorized to issue
directives, which shall modify those provisions of the manual to which they pertain. Directives from
the City Council or the authorized desig shall remain in effect until such time as they may be
permanently incorporated into the manual.
100.4 DEFINITIONS
The following words and terms shall have these assigned meanings throughout the Policy Manual,
unless it is apparent from the content that they have a different meaning:
Elected official - Any individual who serves in the City government based upon selection by a
public vote, as well as any individual who is appointed or otherwise selected to fill such a position
that has been vacated prior to the conclusion of the elected individual's term.
Employee - Any person employed by the City, including:
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• Full- and part-time employees.
• Appointed personnel. This does not include persons appointed to fill an elected official
vacancy.
Manual - The City Policy Manual (replaced document known as Employee Handbook).
May - Indicates a permissive, discretionary, or conditional action.
Shall or will - Indicates a mandatory action.
Should - Indicates a generally required or expected action, absent a rational basis for failing to
conform.
Supervisor - A person in a position of authority that may include responsibility for hiring, transfer,
suspension, promotion, discharge, assignment, reward, or discipline of other city employees,
directing the work of other employees, or having the authority to adjust grievances. The
supervisory exercise of authority may not be merely routine or clerical in nature but requires the
use of independent judgment.
The term "supervisor" may also include any person (e.g., lead or senior worker) given responsibility
for the direction of the work of others without regard to a formal job title, rank, or compensation.
100.5 ISSUING THE POLICY MANUAL
An electronic version of the Policy Manual will be made available to all employees on the city
network for viewing and printing. No changes shall be made to the manual without authorization
from the Mayor or the authorized designee.
Each employee shall acknowledge having access to and having the opportunity to review the
Policy Manual and any directives issued by the Mayor or the authorized designee. Employees
shall seek clarification as needed from an appropriate supervisor for any provisions that they do
not fully understand.
100.6 PERIODIC REVIEW OF THE POLICY MANUAL
Human Resources will ensure that the Policy Manual is reviewed and updated annually. The
Mayor and City Council will review and approve any revisions made to this policy manual.
100.7 REVISIONS
All revisions to the Policy Manual will be provided to each employee on or before the date the
policy becomes effective. Each employee will be required to acknowledge having reviewed the
revisions and shall seek clarification from an appropriate supervisor as needed.
Employees are responsible for keeping abreast of all Policy Manual revisions.
All city employees suggesting revision of the contents of the Policy Manual shall forward their
written suggestions to their supervisors, who will consider the recommendations and forward them
to Human Resources.
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Standards of Conduct for Elected Officials
101.1 PURPOSE AND SCOPE
This policy establishes standards of conduct expected of all elected officials. The standards
contained in this policy are not intended to be an exhaustive list of requirements and prohibitions,
but they do identify many of the important matters concerning conduct.
101.1.1 DEFINITIONS
Definitions related to this policy include:
Conflict of interest - Any actual, perceived, or potential conflict in which it reasonably appears
that an elected official's action, inaction, or decisions are or may be influenced by a personal or
business relationship. It includes conflicts defined and prohibited by state law.
101.2 POLICY
Elected officials of the City are expected to conduct themselves with the utmost professional
integrity and objectivity. The service of every elected official of the City shall be based on conduct
that reasonably conforms to the guidelines in this policy.
101.3 UNLAWFUL DIRECTIVES
Elected officials should not knowingly direct action or inaction that, if carried out, would result in
a violation of any law or city policy. Elected officials should not make new commands that conflict
with any previous command without making reasonable clarification that the new command is
intended to countermand the earlier command.
101.4 GENERAL STANDARDS
Elected officials should conduct themselves in accordance with the federal and state constitutions
and all applicable laws, ordinances, and rules.
Elected officials should familiarize themselves with policies and procedures applicable to their
conduct and the conduct of all employees under their supervision.
101.5 ETHICS
Elected officials should avoid engaging in the following conduct:
(a) Using one's status as an elected official of the City in any way that could reasonably be
perceived as an attempt to gain influence or authority for non -city business or activity.
(b) The wrong or unlawful exercise of authority for malicious purpose, personal gain, willful
deceit, or any other improper purpose.
(c) Acceptance of fees, gifts, money, tangible or intangible personal property, or any
service, gratuity, favor, entertainment, hospitality, loan, promise, or any other thing
of value from any person, business, or organization that is doing business with, or
seeking to do business with, the City, or contrary to the rules of this city and/or laws
of the state.
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(d) Offer or acceptance of a bribe or gratuity.
(e) Misappropriation or misuse of public funds, property, personnel, or services.
(f) Any other failure to abide by the standards of ethical conduct.
101.6 DISCRIMINATION, OPPRESSION, OR FAVORITISM
Elected officials should not discriminate against, oppress, or provide favoritism to any person
based on a classification or status protected by law.
101.7 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE
Elected officials should avoid:
(a) Unauthorized or inappropriate release of confidential or protected information,
materials, data, forms, or reports obtained as a result of the elected official's position
with this city.
(b) The use of any information, photograph, video, or other recording obtained or
accessed as a result of the elected official's position with this city for personal or
financial gain.
(c) Using city resources in association with any portion of an independent civil action.
These resources include but are not limited to personnel, vehicles, equipment, and
non -subpoenaed records.
(d) Loaning, selling, allowing unauthorized use, giving away, or appropriating any city
badge, uniform, identification card, or property for personal use, personal gain, or any
other improper or unauthorized use or purpose.
(e) Using city resources for campaign or other political purposes.
101.8 CONFLICTS OF INTEREST
Elected officials shall follow all laws regarding actual and perceived conflicts of interest and should
avoid the appearance of actual or perceived conflicts of interest.
Elected officials should avoid directly supervising any employee who is a relative or with
whom they are involved in a personal or business relationship. Elected officials should also
avoid participating in, contributing to, or recommending promotions, assignments, performance
evaluations, transfers, or other personnel decisions affecting an employee who is a relative or with
whom they are involved in a personal or business relationship.
101.9 ETHICAL COMPLIANCE DOCUMENTATION
Elected officials should ensure that all required documentation pertaining to ethics, conflicts
of interest, or any other matter related to conduct are timely completed and submitted to the
appropriate authorities.
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101.10 OUTSIDE EMPLOYMENT
Elected officials should avoid maintaining any outside employment or accepting any appointment
that creates an actual or perceived conflict of interest or that inhibits their ability to competently
complete the requirements of the office to which they have been elected. All laws related to the
maintenance of outside employment for elected officials should be observed.
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Standards of Conduct for All Employees
102.1 PURPOSE AND SCOPE
This policy establishes standards of conduct that are consistent with the values and mission of the
City and are expected of all employees. The standards contained in this policy are not intended to
be an exhaustive list of requirements and prohibitions, but they do identify many of the important
matters concerning conduct. In addition to the provisions of this policy, employees are subject to
all other provisions contained in this manual, as well as any additional guidance on conduct that
may be disseminated by this city or an employee's supervisor.
102.1.1 DEFINITIONS
Definitions related to this policy include:
Conflict of interest - Any actual, perceived, or potential conflict in which it reasonably appears that
an employee's action, inaction, or decisions are or may be influenced by a personal or business
relationship. It includes conflicts defined and prohibited by state law.
102.2 POLICY
The continued employment or appointment of every employee of the City shall be based on
conduct that reasonably conforms to the guidelines set forth herein. Failure to meet the guidelines
set forth in this policy, whether during work hours or non -work hours, may be cause for disciplinary
action.
102.3 GENERAL STANDARDS
Employees shall conduct themselves in accordance with the federal and state constitutions and
all applicable laws, ordinances, and rules enacted or established pursuant to legal authority.
Employees shall familiarize themselves with policies and procedures and are responsible for
compliance with each. Employees should seek clarification and guidance from supervisors in the
event of any perceived ambiguity or uncertainty.
Discipline may be initiated for any good cause. It is not mandatory that a specific policy or rule
violation be cited to sustain discipline. This policy is not intended to cover every possible type of
misconduct.
102.4 CAUSES FOR DISCIPLINE
The following are illustrative of causes for disciplinary action up to and including termination.
This list is not intended to cover every possible type of misconduct and does not preclude the
recommendation of disciplinary action for violation of other rules, standards, or ethics, and specific
action or inaction that is detrimental to the city's ability to effectively serve the public.
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102.4.1 LAWS, RULES, AND ORDERS
(a) Violation of, or ordering or instructing a subordinate to violate, any policy, procedure,
rule, order, directive, or requirement, or failure to follow instructions contained in city
manuals.
(b) Disobedience of any lawful direction or order.
(c) Violation of federal, state, local, or administrative laws, rules, or regulations.
102.4.2 ETHICS
Using or disclosing one's status as an employee of the City in any way that could reasonably be
perceived as an attempt to gain influence or authority for non -city business or activity.
(a) The wrongful or unlawful exercise of authority on the part of any employee for malicious
purpose, personal gain, willful deceit, or any other improper purpose.
(b) The receipt or acceptance of a reward, fee, or gift from any person for service incident
to the performance of the employee's work with the City.
(c) Acceptance of fees, gifts, or money- in excess of $50.00 per calendar year contrary
to the rules of this city and/or laws of the state.
(d) Offer or acceptance of a bribe or gratuity.
(e) Any other failure to abide by the standards of ethical conduct.
102.4.3 DISCRIMINATION, OPPRESSION, OR FAVORITISM
Unless required by law or policy, discriminating against, oppressing, or providing favoritism to
any person because of actual or perceived characteristics such as race, ethnicity, national origin,
religion, sex, sexual orientation, gender identity or expression, age, disability, economic status,
cultural group, veteran status, marital status, and any other classification or status protected
by law, or intentionally denying or impeding another in the exercise or enjoyment of any right,
privilege, power, or immunity, knowing the conduct is unlawful.
102.4.4 RELATIONSHIPS
(a) Unwelcome solicitation of a personal or sexual relationship during work hours or
through the use of one's official capacity.
(b) Engaging in sexual activity during work hours, including but not limited to sexual
intercourse, excessive displays of public affection, or other sexual contact.
(c) Establishing or maintaining an inappropriate personal or financial relationship as a
direct result of any official business.
(d) Associating with or joining a criminal gang, organized crime, and/or criminal syndicate
when the employee knows or reasonably should know of the criminal nature of the
organization.
102.4.5 ATTENDANCE
(a) Leaving the job to which the employee is assigned during work hours without
reasonable excuse and proper permission and approval.
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Standards of Conduct for All Employees
(b) Unexcused or unauthorized absence or tardiness.
(c) Excessive absenteeism or abuse of leave privileges.
(d) Failure to report to work or to the place of assignment at the time specified and fully
prepared to work without reasonable excuse.
102.4.6 UNAUTHORIZED ACCESS, DISCLOSURE, OR USE
(a) Unauthorized and inappropriate intentional release of confidential or protected
information, materials, data, forms, or reports obtained as a result of the employee's
position with this city.
(b) The use of any information, photograph, video, or other recording obtained or
accessed as a result of employment or appointment to this city for personal or financial
gain or without the express authorization of the Mayor or the authorized designee.
(c) Loaning, selling, allowing unauthorized use, giving away, or appropriating any city
badge, uniform, identification card, fuel card, or property for personal use, personal
gain, or any other improper or unauthorized use or purpose.
(d) Using city resources in association with any portion of an independent civil action.
These resources include but are not limited to personnel, vehicles, equipment, and
non -subpoenaed records.
102.4.7 EFFICIENCY
(a) Neglect of duty, including engaging in prolonged visiting with co-workers, children,
friends or family members that interfere with work in the department in which the
employee serves.
(b) Unsatisfactory work performance, including but not limited to failure, incompetence,
inefficiency, or delay in performing and/or carrying out proper orders, work
assignments, failure to earn, renew, or keep necessary certifications or licensing, _or
the instructions of supervisors without a reasonable and bona fide excuse.
(c) Failure to earn, renew, or keep necessary certifications or licensing.
(d) Concealing, attempting to conceal, removing, or destroying defective or incompetent
work.
(e) Unauthorized sleeping during work hours or assignments.
(f) Failure to notify the City within 5 business days 24 hoes of any change in residence
address or contact numbers.
(g) Failure to notify a supervisor of changes in relevant personal information (e.g.,
information associated with benefits determination) in a timely fashion.
102.4.8 PERFORMANCE
(a) Failure to disclose or misrepresenting material facts or making any false or misleading
statement on any application, examination form, or other official document, report, or
form, or during the course of any work -related investigation.
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Standards of Conduct for All Employees
(b) The falsification of any work -related records, making misleading entries or statements
with the intent to deceive, or the willful and unauthorized removal, alteration,
destruction, and/or mutilation of any city record, public record, book, paper, or
document.
(c) Failure to participate in investigations, or giving false or misleading statements, or
misrepresenting or omitting material information to a supervisor or other person in a
position of authority, in connection with any investigation or in the reporting of any city -
related business.
(d) Being untruthful or knowingly making false, misleading, or malicious statements that
are reasonably calculated to harm the reputation, authority, or official standing of this
city or its employees.
(e) or of ;er
employee
tuo-the extent that such e pts the efficiency of this — - ilwe 4-
the good order, efficiency, and discipline of this or that would tend to discredit any o
its employe Failure to abide by all departmental rules and direction of a supervisor
whether written or oral. No employee will be required to follow the directive of a
supervisor that violates the laws of the local jurisdiction, state or nation.
(f) Unlawful gambling or unlawful betting at any time or any place. Legal gambling or
betting under any of the following conditions:
1. While on city premises.
2. At any work site, during work hours, or while using any city equipment or system.
(g) Improper political activity, including:
1. Unauthorized attendance during work hours at official legislative or political
sessions.
2. Solicitations, speeches, or distribution of campaign literature for or against any
political candidate or position during work hours or on city property except as
expressly authorized by- --pu-lli�-u-y-,---m-i-employment agreement or contract, or the
or the authorized designee.
(h) Engaging in any political activities during work hours except as expressly authorized by
city policy, any employment agreement or contract, or the or the authorized design
(i) Any act that brings discredit to this city.
102.4.9 CONDUCT
(a) Failure to promptly and fully report activities on the employee's part or the part of any
other employee where such activities resulted in law enforcement
agent taking action or that may result in criminal prosecution or discipline under
this policy.
(b) Unauthorized or unlawful fighting, or threatening or attempting to inflict unlawful bodily
harm on another.
(c) Engaging in horseplay that reasonably could result in injury or property damage.
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Standards of Conduct for All Employees
(d) Discourteous, disrespectful, or discriminatory treatment of any member of the public
or any employee of the City.
(e) Use of obscene, indecent, profane, or derogatory language during work hours or in
uniform.
(f) Criminal, dishonest, or disgraceful conduct that adversely affects the employee's
relationship with the City.
(g) Unauthorized possession of, loss of, or damage to city property or the property of
others or endangering it through carelessness or maliciousness.
(h) Attempted or actual theft of city property; misappropriation or misuse of public funds,
property, personnel, or the services or property of others; unauthorized removal or
possession of city property or the property of another person.
(i) Activity that is incompatible with an employee's conditions of employment or
appointment as established by law or that violates a provision of any employment
agreement or contract, including fraud in securing the appointment or hire.
(j) Initiating any civil action for recovery of any damages or injuries incurred in the course
and scope of employment or appointment without first notifying the Mayor or the
authorized designee of such action.
(k) Any other conduct that any employee knows or reasonably should know is
unbecoming an employee of this city, is contrary to good order, efficiency, or morale,
or tends to reflect unfavorably upon the City or its employees.
102.4.10 SAFETY
(a) Failure to observe or violating city safety standards or safe working practices.
(b) Failure to maintain current licenses or certifications required for the assignment or
position (e.g., driver's license, first aid).
(c) Failure to maintain good physical condition sufficient to adequately and safely perform
the work assigned, if applicable.
(d) Unsafe firearm or other weapon handling, including loading or unloading firearms in
an unsafe manner.
(e) Carrying, while on the premises of the work site, any firearm or other weapon that is
not authorized by law or the member's appointing authority.
(f) Unsafe or improper driving habits or actions in the course of employment or
appointment.
(g) Any personal action contributing to a preventable traffic accident.
(h) Concealing or knowingly failing to report any on-the-job or work -related accident or
injury as soon as practicable but within 24 hours.
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102.4.11 INTOXICANTS
(a) Reporting for work or being at work while intoxicated or when the employee's ability
to work is impaired due to the use of alcohol, medication, or drugs, whether legal,
prescribed, or illegal.
(b) Possession or use of alcohol during work hours.
(c) Unauthorized possession, use of, or attempting to bring a controlled substance, illegal
drug, or non -prescribed medication to work.
102.4.12 SOLICITATION
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
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Chapter 2 - Organization and Administration
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Electronic Mail
200.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the proper use and application of the
electronic mail (email) system provided by the City.
200.2 POLICY
Employees shall use email in a professional manner in accordance with this policy and current
public records laws.
200.3 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to emails accessed, transmitted,
received, or reviewed on any city technology system (see the Information Technology Use Policy
for additional guidance).
200.4 RESTRICTIONS ON USE OF EMAIL
Messages transmitted over the email system are restricted to official business activities, or shall
only contain information that is essential for the accomplishment of business -related tasks or for
communications that are directly related to the business, administration, or practices of the City.
Sending derogatory, defamatory, obscene, disrespectful, sexually suggestive, harassing, or any
other inappropriate messages on the email system is prohibited and may result in discipline.
Email messages addressed to the entire City are only to be used for official business -related
items that are of particular interest to all users. In the event that an employee has questions
about sending a particular email communication, the employee should seek prior approval from
a supervisor.
It is a violation of this policy to transmit a message under another employee's name or email
address or to use the password of another to log into the system unless directed to do so by a
supervisor. Employees are required to log off the network or secure the workstation when the
computer is unattended. This added security measure will minimize the potential misuse of an
employee's email, name, or password. Any employee who believes the employee's password has
become known to another person shall change the password immediately.
200.5 EMAIL RECORD MANAGEMENT
Email may, depending upon the individual content, be a public record and must be managed in
accordance with the established records retention schedule and in compliance with state law.
The Information Technology Department should ensure that email messages are retained and
recoverable as outlined On the Records Maintenance and Re'ease Po'mc .
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Information Technology Use
201.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the proper use of city information technology
resources, including computers, electronic devices, hardware, software, and systems.
201.1.1 DEFINITIONS
Definitions related to this policy include:
Computer system - All computers (on -site and portable), electronic devices, hardware, software,
and resources owned, leased, rented, or licensed by the City that are provided for official use by
its employees. This includes all access to, and use of, Internet Service Providers (ISP) or other
service providers provided by or through the City or city funding.
Hardware - Includes but is not limited to computers, computer terminals, network equipment,
electronic devices, telephones (including cellular and satellite), pagers, modems, or any other
tangible computer device generally understood to comprise hardware.
Software - Includes but is not limited to all computer programs, systems, and applications,
including shareware. This does not include files created by the individual user.
Temporary file, permanent file, or file - Any electronic document, information, or data residing
or located, in whole or in part, on the system, including but not limited to spreadsheets, calendar
entries, appointments, tasks, notes, letters, reports, messages, photographs, or videos.
201.2 POLICY
It is the policy of the City that employees shall use information technology resources, including
computers, software, and systems, that are issued or maintained by the City in a professional
manner and in accordance with this policy.
201.3 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to emails, texts, or anything published,
shared, transmitted, or maintained through file -sharing software or any internet site that is
accessed, transmitted, received, or reviewed on any city computer system.
The City reserves the right to access, audit, and disclose, for whatever reason, any message,
including attachments, and any information accessed, transmitted, received, or reviewed over any
technology that is issued or maintained by the City, including the city email system, computer
network, and/or any information placed into storage on any city system or device. This includes
records of all key strokes or web -browsing history made at any city computer or over any city
network. The fact that access to a database, service, or website requires a username or password
will not create an expectation of privacy if it is accessed through city computers, electronic devices,
or networks.
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Information Technology Use
201.4 RESTRICTED USE
Employees shall not access computers, devices, software, or systems for which they have
not received prior authorization or the required training. Employees shall immediately report
unauthorized access or use of computers, devices, software, or systems by another employee
to their supervisors.
Employees shall not use another person's access passwords, logon information, and other
individual security data, protocols, and procedures unless directed to do so by a supervisor.
201.4.1 SOFTWARE
Employees shall not copy or duplicate any copyrighted or licensed software except for a single
copy for backup purposes, in accordance with the software company's copyright and license
agreement.
To reduce the risk of a computer virus or malicious software, employees shall not install any
unlicensed or unauthorized software on any city computer. Employees shall not install personal
copies of any software on any city computer.
No employee shall knowingly make, acquire, or use unauthorized copies of computer software
that is not licensed to the City while on city premises, computer systems, or electronic devices.
Such unauthorized use of software exposes the City and involved employees to severe civil and
criminal penalties.
Introduction of software by employees should only occur as a part of the automated maintenance
or update process of city -approved or installed programs by the original manufacturer, producer,
or developer of the software. Any other introduction of software requires prior authorization from
a supervisor and a full scan for malicious attachments.
201.4.2 HARDWARE
Access to technology resources provided by or through the City shall be strictly limited to
city -related activities. Data stored on or available through city computer systems shall only be
accessed by authorized employees who have a legitimate city -related purpose to access such
data. Any exceptions to this policy must be approved by a supervisor.
201.4.3 INTERNET USE
Internet access provided by or through the City shall be strictly limited to city -related activities.
Internet sites containing information that is not appropriate or applicable to city use and that shall
not be intentionally accessed include but are not limited to adult forums, pornography, gambling,
chat rooms, and similar or related internet sites. Certain exceptions may be permitted with the
express approval of a supervisor as a function of an employee's assignment.
Downloaded information from the internet shall be limited to messages, mail, and data files.
201.4.4 USE DURING NON -WORK HOURS
Employees shall only use technology resources provided by the City during work hours unless
specifically authorized by a supervisor. This includes the use of telephones, cell phones, texting,
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Information Technology Use
email, or any other off -the -clock work -related activities. This also applies to personally owned
devices that are used to access city resources.
Refer to the Personal Communication Devices Policy for guidelines regarding use of personally
owned technology during non -work hours.
201.5 PROTECTION OF SYSTEMS AND FILES
All employees have a duty to protect the computer system and related systems and devices from
physical and environmental damage and are responsible for the correct use, operation, care, and
maintenance of the computer system.
Employees shall ensure city computers and access terminals are not viewable by unauthorized
users. Computers and terminals should be secured, users logged off, and password protections
enabled whenever the user is not present. Access passwords, logon information, and other
individual security data, protocols, and procedures are confidential information and are not to
be shared. Password length, format, structure, and content shall meet the prescribed standards
required by the computer system or as directed by a supervisor and shall be changed at intervals
as directed.
It is prohibited for an employee to allow an unauthorized user to access the computer system at any
time or for any reason. Employees shall promptly report any unauthorized access to the computer
system or suspected intrusion from outside sources (including the internet) to a supervisor.
201.6 INSPECTION AND REVIEW
A supervisor or the authorized designee has the express authority to inspect or review the
computer system, all temporary or permanent files, related electronic systems or devices, and
any contents thereof, whether such inspection or review is in the ordinary course of supervisory
duties or based on cause.
Reasons for inspection or review may include but are not limited to computer system malfunctions,
problems, or general computer system failure, a lawsuit against the City involving one of its
employees or an employee's duties, an alleged or suspected violation of any city policy, a request
for disclosure of data, or a need to perform or provide a service.
Qualified staff may extract, download, or otherwise obtain any and all temporary or permanent files
residing or located in or on the city computer system when requested by a supervisor or during
the course of regular duties that require such information.
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Al Policy
202.1 PURPOSE AND SCOPE
The purpose of the policy is to aid employees in understanding the guidelines for the acceptable
use of Al in the workplace.
Scope: This policy covers the use of Al tools on City devices, by City employees, using City data.
202.2 DEFINITIONS:
AI: Artificial Intelligence: For the purposes of this policy, Al includes, but is not limited to, the
following tools:
(a) Generative models such as ChatGPT, Scribe, Google Gemini, Pi. Claude:
(b) Image and video creation services like DALL-E2 and MidJourney:
(c) Deepfake generators:
(d) Code verification tools:
(e) Al Recruitment software;
The rapidly changing nature of Al will necessitate frequent updates to our policy. Please note that
if you are considering using an Al technology in the workplace, it is your responsibility to obtain
permission from your supervisor for all data you will be using with the tool and to notify the IT
Department what Al tool you will be using prior to implementing your idea.
City Device: Any computer, smart phone, tablet, or other device owned by the City assigned to
a City employee, which can access Al technology and tools.
City Data: Any data any employee has access to by virtue of their employment with the City.
Transferring or accessing agency data through a private device to circumvent accessing Al tools
through an agency device is strictly_ prohibited.
202.3 GUIDELINES
This policy applies to all staff who desire to utilize Al technology to assist them in fulfilling their
job functions. All employees of City are expected to interact with generative Al technologies
in a responsible and ethical manner. This encompasses safeguarding privacy and personal
data, using the technology for lawful and beneficial purposes, abstaining from deceptive or
harmful applications, and fostering transparency and comprehension regarding the technology's
capabilities and constraints.
You may not enter any City data into any generative Al tool or service without first obtaining
permission from your supervisor.
Do not download, install, or access any Al tool, website, or application from an City device without
first receiving permission from the IT Department.
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Al Policy
If you become aware of any suspected misuse or violation of this policy —including unethical use,
unauthorized data sharing, breaches of confidentiality, or a security bypass —you should report
it to your supervisor immediately.
If you receive approval to use an Al tool to assist you in your work responsibilities, the following
will apply to its use:
(a) (a) Al should never be used to replace the judgment and decision making of an
employee.
(b) Your use of any Al technology is subject to all City policies and procedures which
are currently in effect in the City policy manual.
(c) PH (Personal Identifiable Information) and/or confidential information should
never be uploaded into any Al tool. The City reserves the right to develop a
labeling system which may further delineate categories of sensitive, confidential,
and/or personal identifiable information to assist in determining what can and
cannot be entered into specific Al tools.
(d) You may not use Al technology for discrimination, harassment,
misrepresentation, illegal activities, privacy violations, or in any way that
interferes with the operations of the City.
(e) Al technology may not be used to impersonate other individuals.
(f) Al technology may not be used to assist in any employment decision (e.g. any
decision relating to the hiring, conditions of employment, wages, disciplinary
control, or termination of an employee) unless the technology has been reviewed
and approved in writing by both HR and the IT Department.
(g) You are responsible for any Al generated work product you elect to use or
generate. You must still make any discretionary decisions necessary in the
performance of your job duties. When using Al generated content, you must
verify the information generated and thoughtfully review all Al generated work
product for appropriateness. It is important to remember that Al technology can
provide inaccurate, unreliable, or incomplete information.
(h) You must disclose that the content was created with Al, which can be
accomplished with a label or disclaimer.
Examples:
"This content was aenerated with the aid of ChatGPT and subseauentiv revised by Sarah Jones."
"This text was summarized for clarity using Google Gemini."
Use Caution
Artificial Intelligence is a new technology and should be used with caution. There are many
examples of Al technology providing inaccurate or incomplete information. The use of Al
technology cannot replace the personal accountability and decision making of employees in a
workplace. The Citv is currently monitorina Al developments and the Dolicv will continue to evolve
as Al technology develops.
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Al Policy
Remember that the City of Rexburg, by virtue of being a government agency, has access to
sensitive and confidential information that may not otherwise be publicly available. City employees
have a duty to safeguard that information, in compliance with applicable state and federal privacy
and security laws.
Ask Before You Act
If you have any questions or concerns regarding the use or potential use of an Al technology in
the workplace and whether a contemplated action would be a violation of this policy, consult with
your supervisor.
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Local Government Use of Social Media
203.1 PURPOSE AND SCOPE
This policy provides guidelines to ensure that any use of social media on behalf of the City is
consistent with the City mission.
This policy does not address all aspects of social media use. Specifically, it does not address:
• Personal use of social media by city employees (see the Speech, Expression, and
Social Networking Policy).
• Use of social media in personnel processes (see the Recruitment and Selection
Policy).
• Use of social media as part of an investigation, other than disseminating information
to the public on behalf of this city.
203.1.1 DEFINITIONS
Definitions related to this policy include:
Social media - Any of a wide array of internet-based tools and platforms that allow for the sharing
of information, such as the city website or social networking services.
203.2 POLICY
The City will use social media as a method of effectively informing the public about city services,
issues, investigations, recruitment, and other relevant events.
The use or access of social media should be done in a manner that protects the constitutional
rights of all people.
203.3 AUTHORIZED USERS
Only employees authorized by the Mayor or the authorized designee may utilize social media
on behalf of the City. Authorized employees shall use only city -approved equipment during the
normal course of duties to post and monitor city -related social media, unless they are specifically
authorized to do otherwise by their supervisors._ The City of Rexburg may deny access to City
of- Rexburg etice to any person who violates these
content guidelines.
The City Council may develop specific guidelines identifying the type of content that may be
posted. Any content that does not strictly conform to the guidelines should be approved by a
supervisor prior to posting.
Requests to post information over city social media by employees who are not authorized to post
should be made through the appropriate supervisory channels.
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Local Government Use of Social Media
203.4 AUTHORIZED CONTENT
Only content that is appropriate for public release, that supports the City mission, and that
conforms to all city policies regarding the release of information may be posted. Examples of
appropriate content include:
(a) Announcements.
(b) Tips and information related to crime prevention.
(c) Requests for information.
(d) Community engagement information.
(e) Real-time safety information that is related to in -progress crimes, geographical
warnings, or disaster information.
(f) Traffic information.
(g) Media releases.
(h) Recruitment of personnel.
If an employee speaks about job -related content on personal social media, or makes reference
to the City of Rexburg, people may perceive that the employee is acting on behalf of the City of
Rexburg.
When making such statements, the employee must clearly state that the statements are the
employee's personal views and are not the views of the City of Rexburg. An example of such
disclaimer is "The views, opinions, ideas and information expressed are my own and do not reflect
the views of my employer and are not in any way attributable to the City of Rexburg ."
203.4.1 INCIDENT -SPECIFIC USE
In instances of active incidents where speed, accuracy, and frequent updates are paramount (e.g.,
crime alerts, public safety information, traffic issues), the Mayor or the authorized designee will
be responsible for the compilation of information to be released.
203.5 PROHIBITED CONTENT
Content that is prohibited from posting includes but is not limited to:
(a) Content that is abusive, discriminatory, inflammatory, or sexually explicit.
(b) Any information that violates individual rights, including confidentiality and/or privacy
rights and those provided under state, federal, or local laws.
(c) Any information that could compromise an ongoing investigation.
(d) Any information that could tend to compromise or damage the mission, function,
reputation, or professionalism of the City or its employees.
(e) Any information that could compromise the safety and security of city operations,
employees of the City, or the public.
(f) Any content posted for personal use.
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Local Government Use of Social Media
(g) Any content that has not been properly authorized by this policy or a supervisor.
Any employee who becomes aware of content on this city's social media sites that the employee
believes is unauthorized or inappropriate should promptly report such content to a supervisor. The
supervisor will ensure its removal from public view and request an investigation o thecauseof
203.5.1 PUBLIC POSTING PROHIBITED
City social media sites shall be designed and maintained to prevent posting of content by the
public.
The City may provide a method for members of the public to contact city employees directly.
203.6 MONITORING CONTENT
The Mayor will appoint a supervisor to review, at least annually, the use of city social media and
report back on, at a minimum, the resources being used, the effectiveness of the content, any
unauthorized or inappropriate content, and the resolution of any issues.
203.7 RETENTION OF RECORDS
The Mayor should work with the City Clerk and IT to establish a method of ensuring that public
records generated in the process of social media use are retained in accordance with established
records retention schedules.
203.8 TRAINING
Authorized employees should receive training that, at a minimum, addresses legal issues
concerning the appropriate use of social media sites, as well as privacy, civil rights, and
dissemination and retention of information posted on city sites.
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General Policy on Purchases
204.1 PURPOSE AND SCOPE
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.
204.2 PROCEDURE
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/receipts and be responsible to provide copies of such receipts/
invoices for purchases from respective vendors. The Finance Department will provide a way to
electronically submit such receipts/invoices (links to submission processes will be provided on
the city website under the employee portal), so they can be included in the approval process for
payment of such bills.
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.
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Subpoenas and Court Appearances
205.1 PURPOSE AND SCOPE
This policy establishes the guidelines for city employees who must appear in court. It will allow
the City to cover any related work absences and keep the Mayor informed about relevant legal
matters.
205.2 POLICY
Employees will respond appropriately to all subpoenas and any other court -ordered appearances.
205.3 SUBPOENAS
Only employees authorized to receive a subpoena on behalf of the City or any of its employees
may do so.
205.3.1 SPECIAL NOTIFICATION REQUIREMENTS
Any employees who are subpoenaed to testify, agree to testify, or provide information on behalf
or at the request of any party other than the City or the prosecutor shall notify their immediate
supervisors without delay regarding:
(a) Any civil case where the City or one of its employees, as a result of the employee's
official capacity, is a party.
(b) Any civil case where any other city, county, state, or federal unit of government or a
member of any such unit of government, as a result of the member's official capacity,
is a party.
(c) Any criminal proceeding where the employee is called to testify or provide information
on behalf of the defense.
(d) Any civil action stemming from the employee's work activity or because of the
employee's association with the City.
(e) Any personnel or disciplinary matter when called to testify or to provide information by
a government entity other than the City.
The supervisor will then notify the Mayor and the appropriate prosecuting attorney if applicable.
The Mayor should determine if additional legal support is necessary.
No employee shall be retaliated against for testifying in any matter.
205.3.2 WORK -RELATED SUBPOENAS
The City will compensate employees who appear in their official capacities on matters arising out
of their official duties.
The City should seek reimbursement for the employee's compensation for appearances on civil
subpoenas through the attorney of record who subpoenaed the employee.
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Subpoenas and Court Appearances
205.3.3 OTHER SUBPOENAS
Employees receiving valid subpoenas for actions unrelated to their employment or appointment
with the City will not be compensated for their appearance. Arrangements for time off shall be
coordinated through their immediate supervisors.
205.4 FAILURE TO APPEAR
Any employee who fails to comply with the terms of any properly served subpoena or court -ordered
appearance may be subject to discipline. This includes properly served orders to appear that were
issued by a state administrative agency.
205.5 COURTROOM PROTOCOL
When appearing in court, employees shall:
(a) Be punctual and prepared to proceed immediately with the case for which they are
scheduled to appear.
(b) Dress and prepared to proceed immediately with the case for which they are scheduled
to appear.
(c) Observe all rules of the court in which they are appearing and remain alert to change
in the assigned courtroom where their matter is to be heard.
205.5.1 TESTIMONY
Before the date of testifying, the subpoenaed employee should review relevant reports or
documents in order to be prepared for court.
205.5.2 RECORDS
When an employee is directed by a subpoena to appear in court with records, that employee
should notify the City Clerk promptly after receiving the subpoena that the specified records are
needed for court.
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Government Policy Manual
Limited English Proficiency Services
206.1 PURPOSE AND SCOPE
This policy provides guidance to employees when communicating with individuals with limited
English proficiency (LEP) (42 USC § 2000d).
206.1.1 DEFINITIONS
Definitions related to this policy include:
Authorized interpreter - A person who has been screened and authorized by the City to act as
an interpreter and/or translator for others.
Interpret or interpretation - The act of listening to a communication in one language (source
language) and orally converting it to another language (target language), while retaining the same
meaning.
Limited English proficiency (LEP) individual - Any individual whose primary language is not
English and who has a limited ability to read, write, speak, or understand English. These individuals
may be competent in certain types of communication (e.g., speaking, understanding) but still
exhibit LEP for other purposes (e.g., reading, writing). Similarly, LEP designations are context -
specific; an individual may possess sufficient English language skills to function in one setting,
but these skills may be insufficient in other situations.
Qualified bilingual employee - An employee of the City, designated by the Mayor or the
authorized designee, who has the ability to communicate fluently, directly, and accurately in both
English and another language. Bilingual employees may be fluent enough to communicate in a
non-English language but may not be sufficiently fluent to interpret or translate from one language
into another.
Translate or translation - The replacement of written text from one language (source language)
into an equivalent written text (target language).
206.2 POLICY
It is the policy of the City to reasonably provide LEP individuals with meaningful access to services,
programs, and activities, while not imposing undue burdens on the City or its employees.
The City will not discriminate against or deny any individual access to services, rights, or programs
based upon national origin or any other protected interest or right.
206.3 LEP COORDINATOR
The City Clerk is the City's designated of should delegate certain
responsibilities to an LEP coordinator.
The responsibilities of the coordinator should include but not be limited to:
(a) Coordinating and implementing all aspects of the city's LEP services to LEP
individuals.
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(b) Developing procedures that will enable employees to access LEP services, including
telephonic interpreters, and ensuring the procedures are available to all employees.
(c) Maintaining and making available to employees, as appropriate, a list of all qualified
bilingual employees and authorized interpreters. The list should include information
regarding:
1. Languages spoken.
2. Contact information.
3. Availability.
(d) Ensuring signage stating that interpreters are available free of charge to LEP
individuals is posted in appropriate areas and in the most commonly spoken
languages.
(e) Reviewing existing and newly developed documents to determine which are vital
documents and should be translated, and into which languages the documents should
be translated.
1. Content on the city website should be included in this review and should be
translated on the website, if appropriate.
(f) Annually assessing demographic data and other resources, including contracted
language services utilization data and data from government and community -based
organizations, to determine if there are additional documents or languages that are
appropriate for translation.
(g) Identifying standards and assessments to be used to qualify individuals as qualified
bilingual employees or authorized interpreters.
(h) Periodically reviewing efforts of the City in providing meaningful access to LEP
individuals, and, as appropriate, developing reports, developing new procedures, or
recommending modifications to this policy.
(i) Receiving and responding to complaints regarding city LEP services.
(j) Ensuring appropriate processes are in place to provide for the prompt and equitable
resolution of complaints and inquiries regarding discrimination in access to city
services, programs, and activities.
(k) Requiring third parties providing city services, rights, or programs through contract,
outsourcing, licensing, or other arrangement to establish reasonable policies and
procedures to prohibit discrimination or denial of access or services based upon
national origin or any other protected interest or right.
206.4 FOUR -FACTOR ANALYSIS
Because there are many different languages that employees could encounter, the City will utilize
the four -factor analysis outlined in the U.S. Department of Justice (DOJ) Guidance to Federal
Financial Assistance Recipients, available at the DOJ website, to determine which measures
will provide meaningful access to its services and programs. It is recognized that contacts and
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Limited English Proficiency Services
circumstances will vary considerably. This analysis, therefore, must remain flexible and will require
an ongoing balance of the following four factors, which are:
(a) The number or proportion of LEP individuals eligible to be served or likely to be
encountered by city employees, or who may benefit from programs or services within
the jurisdiction of this city.
(b) The frequency with which LEP individuals are likely to come in contact with city
employees, programs, or services.
(c) The nature and importance of the contact, program, information, or service provided.
(d) The cost of providing LEP assistance and the resources available.
206.5 TYPES OF LEP ASSISTANCE AVAILABLE
Employees should never refuse service to an LEP individual who is requesting assistance,
nor should they require an LEP individual to furnish an interpreter as a condition for receiving
assistance. The City will make every reasonable effort to provide meaningful and timely assistance
to LEP individuals through a variety of services.
The City will utilize all reasonably available tools, such as language identification cards, when
attempting to determine an LEP individual's primary language.
LEP individuals may choose to accept city -provided LEP services at no cost, or they may choose
to provide their own.
City -provided LEP services may include but are not limited to the assistance methods described
in this policy.
206.6 WRITTEN FORMS AND GUIDELINES
Vital documents or those that are frequently used should be translated into languages most
likely to be encountered. If English versions of any vital documents are published on the city
website, the translated versions of the same document must also be posted on the website. The
LEP coordinator will arrange to make all translated documents available to employees and other
appropriate individuals, as necessary.
206.7 AUDIO RECORDINGS
The City may develop audio recordings of important or frequently requested information in a
language most likely to be understood by those LEP individuals who are representative of the
community being served.
206.8 QUALIFIED BILINGUAL EMPLOYEES
Bilingual employees may be qualified to provide LEP services when they have demonstrated
through established city procedures a sufficient level of skill and competence to fluently
communicate in both English and a non-English language. Employees utilized for LEP services
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must demonstrate knowledge of the functions of an interpreter/translator and the ethical issues
involved when acting as a language conduit.
When a qualified bilingual employee is not available, personnel from another city who have been
identified as having the requisite skills and competence may be requested.
206.9 AUTHORIZED INTERPRETERS
Any person designated by the City to act as an authorized interpreter and/or translator must have
demonstrated competence in both English and the involved non-English language, must have an
understanding of the functions of an interpreter that allows for correct and effective translation,
and should not be a person with an interest in the transaction involving the LEP individual. A
person providing interpretation or translation services may be required to establish the accuracy
and trustworthiness of the interpretation or translation in a legal or other proceeding.
Authorized interpreters must pass a screening process established by the LEP coordinator that
demonstrates their skills and abilities in the following areas:
(a) The competence and ability to communicate information accurately in both English
and in the target language.
(b) Knowledge, in both languages, of any applicable specialized terms or concepts and
of any particularized vocabulary or phraseology used by the LEP individual.
(c) The ability to understand and adhere to the interpreter role without deviating into other
roles, such as counselor or legal adviser.
(d) Knowledge of the ethical issues involved when acting as a language conduit.
206.9.1 SOURCES OF AUTHORIZED INTERPRETERS
The City may contract with authorized interpreters who are available over the telephone.
Employees may use these services with the approval of a supervisor and in compliance with
established procedures.
Other sources may include:
• Qualified bilingual employees of another city within the City.
• Individuals employed exclusively to perform interpretation services.
• Contracted in -person interpreters, such as court interpreters, among others.
206.9.2 COMMUNITY VOLUNTEERS AND OTHER SOURCES OF LANGUAGE
ASSISTANCE
Language assistance may be available from community volunteers who have demonstrated
competence in either monolingual (direct) communication and/or in interpretation or translation
(as noted in above), and have been approved by the City to communicate with LEP individuals.
Where qualified bilingual employees or other authorized interpreters are unavailable to assist,
approved community volunteers who have demonstrated competence may be called upon when
appropriate. However, employees must carefully consider the nature of the contact and the
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relationship between the LEP individual and the volunteer to ensure that the volunteer can provide
neutral and unbiased assistance.
While family or friends of an LEP individual may offer to assist with communication or
interpretation, employees should carefully consider the circumstances before relying on such
individuals. For example, children should not be relied upon except in exigent or very informal and
non -confrontational situations.
206.10 CONTACT AND DOCUMENTATION
Although all public contacts, services, and individual rights are important, this city will utilize the
four -factor analysis to prioritize service to LEP individuals so that such services may be targeted
where they are most needed, according to the nature and importance of the particular activity
involved.
Whenever any employee of this city is required to complete a report or other documentation
that involves a situation in which interpretation services were provided to any involved LEP
individual, such services should be noted in the related report or documentation. Employees
should document the type of interpretation services utilized and whether the individual elected to
use services provided by the City or some other identified source.
206.11 RECEIVING AND RESPONDING TO REQUESTS FOR ASSISTANCE
The City will take reasonable steps to develop in-house language capacity by hiring or appointing
qualified employees proficient in languages representative of the community being served.
206.11.1 EMERGENCY ASSISTANCE
City employees will make every reasonable effort to promptly accommodate LEP individuals who
appear to be in need of emergency assistance. An employee who determines that a person in need
of emergency assistance is an LEP individual should attempt to gather sufficient information to
determine what type of assistance the person needs and to initiate an appropriate response to the
situation. As soon as possible, if language assistance is still needed and the language is known,
the employee should attempt to locate a qualified bilingual employee to assist with the situation.
If a qualified bilingual employee is not available or the employee is unable to identify the primary
language used by the LEP individual, the employee should contact the contracted interpretation
service for assistance.
206.12 COMMUNITY OUTREACH
Community outreach programs and other such services offered by this city are important to the
ultimate success of local government and achievement of the city's mission. This city will continue
to work with community groups, local businesses, and neighborhoods to provide equal access to
such programs and services.
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206.13 TRAINING
To ensure that all employees who may have contact with LEP individuals are properly trained, the
City will provide periodic training on this policy and related procedures, including how to access
authorized telephonic and in -person interpreters and other available resources.
New employees should receive LEP training. Those who may have contact with LEP individuals
should receive periodic refresher training. Training records should be maintained in each
employee's personnel file in accordance with the established records retention schedule.
206.13.1 TRAINING FOR AUTHORIZED INTERPRETERS
All employees on the authorized interpreter list must successfully complete prescribed interpreter
training. To complete interpreter training successfully, an interpreter must demonstrate proficiency
in and ability to communicate information accurately in both English and in the target language,
demonstrate knowledge in both languages of any specialized terms or phraseology, and
understand and adhere to the interpreter role without deviating into other roles, such as counselor
or legal adviser.
Employees on the authorized interpreter list must receive refresher training annually or they will
be removed from the authorized interpreter list. This annual training should include language skills
competency (including specialized terminology) and ethical considerations.
Authorized interpreters will receive annual refresher training.
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Government Policy Manual
ADA Compliance
207.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for equal access to local government services,
programs, and activities for persons with disabilities in accordance with Title II of the Americans
with Disabilities Act (ADA).
This policy also includes guidelines to provide effective communication with persons with
disabilities and to protect the rights of individuals who use service animals in accordance with
the ADA.
207.1.1 DEFINITIONS
Definitions related to this policy include (28 CFR 35.104):
ADA coordinator - The employee designated by the Mayor to coordinate the City's efforts to
comply with the ADA (28 CFR 35.107). For citizens and public facilities the City Clerk is the
coordinator; for employees the Human Resource Director is the coordinator.
Assistive devices, auxiliary aids, and services - Tools used to communicate with people who
have a disability or impairment. They include but are not limited to the use of gestures or visual
aids to supplement oral communication; a notepad and pen or pencil to exchange written notes; a
computer or typewriter; an assistive listening system or device to amplify sound; a teletypewriter
(TTY) or videophones (video relay service or VRS); taped text; qualified readers; or a qualified
interpreter.
Disability or impairment - A physical or mental impairment that substantially limits a major life
activity, including hearing or seeing, regardless of whether the person uses assistive devices,
auxiliary aids, and services. Individuals who wear ordinary eyeglasses or contact lenses are not
considered to have a disability (42 USC § 12102; 28 CFR 35.108).
Facility - All aspects of buildings, structures, sites, complexes, equipment, rolling stock or other
conveyances, roads, walkways, parking areas, and other real or personal property (28 CFR
35.108).
Modification - Any change, adjustment, alteration, adaptation, or accommodation that renders a
city service, program, or activity suitable for use, enjoyment, or participation by a person with a
disability. This may include alteration of existing buildings and facilities.
A modification includes any change or exception to a policy, practice, or procedure that allows a
person with a disability to have equal access to programs, services, and activities. It also includes
the provision or use of assistive devices, auxiliary aids, and services.
Power -driven mobility device - Any mobility device powered by batteries, fuel, or other engine
type used by persons with disabilities for mobility assistance, regardless of whether the device
was primarily designed for that purpose (e.g., golf carts, Segway® PT, mobility scooters). For
purposes of this policy, it does not include wheelchairs.
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Qualified interpreter - A person who is able to interpret effectively, accurately, and impartially,
both receptively and expressively, using any necessary specialized vocabulary. Qualified
interpreters include oral interpreters, transliterators, sign language interpreters, and intermediary
interpreters.
Service animal - A dog that is trained to do work or perform tasks for the benefit of a person with
a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. The
work or tasks performed by a service animal must be directly related to the individual's disability.
Service animal also includes a miniature horse if the horse is trained to do work or perform tasks
for persons with disabilities, provided the horse is housebroken, is under the handler's control, the
building or facility can accommodate the horse's type, size, and weight, and the horse's presence
will not compromise legitimate safety requirements necessary for safe operation of the facility (28
CFR 35.136(i)).
207.2 POLICY
It is the policy of the City that persons with disabilities have equal access to city services, programs,
and activities.
The City will not discriminate against or deny any individual access to services, programs, or
activities based upon disabilities.
207.3 AMERICANS WITH DISABILITIES ACT (ADA) COORDINATOR
The responsibilities of the ADA coordinator include but are not limited to (28 CFR 35.130):
(a) Coordinating efforts among each department to provide equal access to services,
programs, and activities including:
1. Establishing procedures to provide for the performance of routine maintenance
on buildings, facilities, or equipment that provide access to persons with
disabilities (28 CFR 35.133).
(b) Recommending amendments to this policy, as needed.
(c) Coordinating a process of periodic self -evaluation. The process should include:
1. Inspection of current city buildings and facilities to identify access issues.
2. Review of current city services, activities, and programs for access issues.
3. Assessment and update of current compliance measures.
4. Identification of recurring areas of complaint for which new methods of
modification should be considered.
5. Review of the city's emergency programs, services, and activities as they apply
to persons with disabilities.
6. Recommendation of a schedule to implement needed improvements.
(d) Acting as a liaison with local disability advocacy groups or other disability groups
regarding access to city services, programs, and activities.
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(e) Developing procedures for the review and processing of requests for assistance or
modifications that will help employees provide persons with disabilities access to city
services, programs, and activities, as appropriate.
(f) Providing notice to the public regarding the rights and protections afforded by the ADA
(e.g., posters, published notices, handbooks, manuals, and pamphlets describing city
services, programs, and activities and the availability of assistive devices, auxiliary
aids, and services, as well as modifications) (28 CFR 35.106).
(g) Developing procedures for employees to access assistive devices, auxiliary aids, and
services, including qualified interpreters, and making the procedures available, as
appropriate.
A list of qualified interpreter services with contact and availability information
should be maintained and easily accessible to employees.
(h) Developing, implementing, and publishing appropriate procedures to provide for the
prompt and equitable resolution of complaints and inquiries regarding discrimination
in access to services, programs, and activities (28 CFR 35.107). The complaint
procedures should include an appeal process.
(i) Requiring third parties providing city services, programs, or activities through contract,
outsourcing, licensing, or other arrangement to establish reasonable policies and
procedures to prevent discrimination against and denial of access to persons with
disabilities.
(j) Developing and implementing procedures to provide that new construction and any
alteration to an existing building or facility are undertaken in compliance with the ADA
(28 CFR 35.151).
(k) Developing and implementing procedures to provide that new construction and
alteration of city -maintained roadways, highways, and streets include curb ramps or
other sloped areas to make pedestrian -level walkways accessible as required by law
(28 CFR 35.150(d)(2); 28 CFR 35.151(i)).
(1) Coordinating with appropriate city staff to address the needs of persons with
disabilities in the City's emergency disaster preparedness planning, including
consideration of shelters and care facilities, transportation, means of evacuation,
communication methods (e.g., warning and emergency notification systems), and
post -disaster canvassing.
207.4 REQUESTS
The goal of any modification should be to allow the person to participate in the service, program,
or activity the same as a person who does not have a disability.
Upon receiving a request for a modification, employees should make reasonable efforts to
accommodate the request based on the preference of the person with the disability. Employees
should not ask about the nature and extent of a person's disability, but should limit questions to
information necessary to determine the need for a modification and the type of modification that
is appropriate.
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If the requested modification, or an alternative modification, can reasonably be made at the
time of the request, the employee should make the modification. An employee who is unable to
accommodate a request or unsure about whether a request should be accommodated, should
contact a supervisor.
The supervisor should review and approve the request, if practicable and appropriate. Otherwise,
the supervisor should document the requesting person's contact information and the modification
being requested and forward the request to the ADA coordinator for processing as soon as
reasonably practicable.
207.4.1 DENIAL OF A REQUEST
The following should be considered before denying a request for modification:
(a) Requests for modifications should be approved unless complying with the request
would result in (28 CFR 35.150):
1. A substantial alteration of the service, program, or activity.
2. An undue financial or administrative burden on the City.
3. All resources available for use in the funding and operation of the service,
program, or activity at issue should be considered in this determination.
4. A threat to or the destruction of the historic significance of an historic property.
5. A direct threat to the health or safety of others (28 CFR 35.139).
(b) If any of these circumstances are present, the ADA coordinator should work with
city staff and the person requesting the modification to determine if an alternative
modification is available.
(c) Where physical modification of an existing building or facility, or new construction,
would be unfeasible or unduly burdensome, the ADA coordinator should work with city
staff to determine whether alternative modifications are available. Alternative methods
that should be considered include (28 CFR 35.150):
1. Reassigning services, programs, or activities to accessible buildings or facilities.
2. Utilizing technology, equipment, rolling stock, or other conveyances.
3. Delivering the services, programs, or activities directly to a person with a
disability by way of home visits or meeting the person at an accessible location.
4. Any other means or methods that would make services, programs, or activities
readily accessible.
(d) If no alternative modification is appropriate, the ADA coordinator shall issue a written
statement explaining why a modification of the public service, program, or activity will
not be made (28 CFR 35.150).
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207.4.2 PERSONAL DEVICES AND ASSISTANCE
Although employees should make every effort to comply with requests, the provision of personal
devices or assistance (e.g., wheelchairs, eyeglasses, hearing aids, personal assistance in eating
or using the restroom) to persons with disabilities is not required (28 CFR 35.135).
207.4.3 SURCHARGES
Surcharges shall not be imposed upon persons with disabilities to cover the costs of providing
modifications to public services, programs, and activities (28 CFR 35.130(f)).
207.5 MOBILITY DEVICES
Wheelchairs and manually powered mobility devices such as walkers, crutches, canes, and braces
are permitted in any areas open to pedestrians.
Power -driven mobility devices other than wheelchairs may be restricted only if a legitimate safety
interest is identified that warrants the restriction (28 CFR 35.130(h); 28 CFR 35.137).
An employee should not ask a person using a power -driven mobility device to terminate the use
of the device or leave the area unless an imminent and legitimate safety issue is present. If
an employee is concerned about the use of a power -driven mobility device by a person with a
disability, the employee should contact a supervisor.
The determination of whether a reasonable modification should be made for the use of a power -
driven mobility device within a public building or facility should be based on whether the device,
given its size and speed, can be safely used within the particular building or facility taking into
account the layout and design of the building or facility, the amount of pedestrian traffic present
in the building or facility, and whether there is any risk of damage to the building or facility or its
immediate environment as set forth in 28 CFR 35.137.
207.5.1 INQUIRIES REGARDING MOBILITY DEVICES
If an individual is using a power -driven mobility device other than a wheelchair, the employee
may seek credible assurance from the individual that the device is needed because of a disability.
Credible assurance of the device's necessity may be provided in one of the following ways (28
CFR 35.137):
(a) Presentation of a valid, state -issued disability placard or card
(b) Presentation of any other state -issued proof of disability
(c) A verbal statement, not contradicted by observable fact, that use of the device is
necessary for mobility purposes
207.6 COMMUNICATIONS WITH PERSONS WITH DISABILITIES
Employees should remain alert to the possibility of communication problems when engaging with
persons with disabilities. When an employee knows or suspects an individual requires assistance
to effectively communicate, the employee should identify the individual's choice of assistive
device, auxiliary aid, and service.
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The individual's preferred communication method should be honored unless another effective
method of communication exists under the circumstances (28 CFR 35.160).
Factors to consider when determining whether an alternative method is effective include:
(a) The methods of communication usually used by the individual.
(b) The nature, length, and complexity of the communication involved.
(c) The context of the communication.
In emergency situations involving an imminent threat to the safety or welfare of any person,
employees may use whatever assistive device, auxiliary aid and service reasonably appears
effective under the circumstances. This may include, for example, exchanging written notes or
using the services of a person who knows sign language but is not a qualified interpreter, even
if the person who is deaf or hard of hearing would prefer a qualified sign language interpreter or
another appropriate assistive device, auxiliary aid, and service. Once the emergency has ended,
the continued method of communication should be reconsidered. The employee should inquire
as to the individual's preference and give primary consideration to that preference.
207.6.1 TYPES OF ASSISTANCE AVAILABLE
Employees shall not refuse an available type of assistive device, auxiliary aid, and service to
a person with a disability who is requesting assistance. The City will not require persons with
disabilities to furnish their own assistive device, auxiliary aid, and service as a condition for
receiving assistance. The City will make every reasonable effort to provide equal access and
timely assistance to persons with disabilities through a variety of assistive devices, auxiliary aids,
and services.
Persons with disabilities may choose to accept city -provided assistive devices, auxiliary aids, and
services, or they may choose to provide their own.
City -provided assistive devices, auxiliary aids, and services may include but are not limited to the
assistance methods described in this policy.
207.6.2 AUDIO RECORDINGS AND ENLARGED PRINT
The City may develop audio recordings to assist people who are blind or have a visual impairment
with accessing important information. If such a recording is not available, employees may read
aloud from the appropriate form or provide forms with enlarged print.
207.6.3 QUALIFIED INTERPRETERS
A qualified interpreter may be needed in lengthy or complex interactions (e.g., public meetings
or hearings, special or emergency meetings, plan reviews) for individuals who normally rely
on sign language or speechreading (lip-reading) to understand what others are saying. The
qualified interpreter should not be a person with an interest in the exchange. A person providing
interpretation services may be required to establish the accuracy and trustworthiness of the
interpretation in a local government or legal proceeding.
Qualified interpreters should be:
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(a) Available within a reasonable amount of time.
(b) Experienced in providing interpretation services.
(c) Familiar with the use of VRS and/or video remote interpreting services.
(d) Certified in either American Sign Language (ASL) or Signed English (SE).
(e) Able to understand and adhere to the interpreter role without deviating into other roles,
such as counselor or legal adviser.
(f) Knowledgeable of the ethical issues involved when providing interpreter services.
Employees should use city -approved procedures to request a qualified interpreter at the earliest
reasonable opportunity or when it is reasonably apparent that an interpreter is needed. Persons
with disabilities shall not be required to provide their own interpreters (28 CFR 35.160).
207.6.4 TTY AND RELAY SERVICES
The City will accept all TTY or TDD calls placed by those who are deaf or hard of hearing and
received via a telecommunications relay service.
Note that relay services translate verbatim, so the conversation must be conducted as if speaking
directly to the caller.
207.6.5 COMMUNITY VOLUNTEERS
Interpreter services may be available from community volunteers who have demonstrated
competence in communication services, such as ASL or SE, and have been approved by the City
to provide interpreter services.
When qualified interpreters are unavailable to assist, approved community volunteers who have
demonstrated competence may be called upon when appropriate. However, city employees must
carefully consider the nature of the interaction and the relationship between the person with the
disability and the volunteer to be reasonably satisfied that the volunteer can provide neutral and
unbiased assistance.
207.6.6 FAMILY AND FRIENDS
While family or friends may offer to assist with interpretation, employees should carefully consider
the circumstances before relying on such individuals. The nature of the interaction and relationship
between the person with the disability and the person offering services must be carefully
considered to determine whether the family member or friend can provide neutral and unbiased
assistance.
Children shall not be relied upon except in emergency or critical situations when there is no
qualified interpreter reasonably available.
Adults may be relied upon when (28 CFR 35.160):
(a) There is an emergency or critical situation and there is no qualified interpreter
reasonably available.
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(b) The person with the disability requests that the adult interpret or facilitate
communication and the adult agrees to provide such assistance, and reliance on that
adult for such assistance is reasonable under the circumstances.
207.6.7 FIELD ENFORCEMENT CONSIDERATIONS
It is important that employees are able to effectively communicate with persons with disabilities
even though the location of the communication may hinder the employee's ability to provide
assistive devices, auxiliary aids, and other services in a prompt manner.
Employees involved in interactions with persons with disabilities that occur in the field and that
could result in any type of civil or criminal enforcement action (e.g., issuing code enforcement
citations, shutting off a utility service) should assess each situation to determine if communication
assistance is necessary. The length, complexity, and importance of the communication, as well as
the individual's preferred method of communication, should be considered when determining what,
if any, resources should be used and whether a qualified interpreter or other service is needed.
207.7 SERVICE ANIMALS
Service animals that are assisting persons with disabilities are permitted in all city buildings and
facilities and other areas where the general public is allowed. City employees are expected to
treat people with service animals with the same courtesy and respect that the City affords to all
members of the public (28 CFR 35.136).
207.7.1 IDENTIFICATION AND USE OF SERVICE ANIMALS
Some service animals may be readily identifiable. However, many do not have a distinctive
symbol, harness, or collar.
Service animals may be used in a number of ways to provide assistance, including:
(a) Guiding people who are blind or have low vision.
(b) Alerting people who are blind or have low vision.
(c) Retrieving or picking up items, opening doors, or flipping switches for people who have
limited use of their hands, arms, or legs.
(d) Pulling wheelchairs.
(e) Providing physical support and assisting with stability and balance.
(f) Doing work or performing tasks for people with traumatic brain injury, intellectual
disabilities, or psychiatric disabilities, such as reminding a person with depression to
take medication.
(g) Alerting a person with anxiety to the onset of panic attacks, providing tactile
stimulation to calm a person with post -traumatic stress disorder, assisting people with
schizophrenia to distinguish between hallucinations and reality, and helping people
with traumatic brain injury to locate misplaced items or follow daily routines.
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207.7.2 INQUIRIES REGARDING SERVICE ANIMALS
If it is apparent or if an employee is aware that an animal is a service animal, the individual generally
should not be asked any questions as to the status of the animal. If it is unclear whether an animal
meets the definition of a service animal, the employee should ask the individual only the following
questions (28 CFR 35.136(f)):
(a) Is the animal required because of a disability?
(b) What task or service has the service animal been trained to perform?
If the individual explains that the animal is required because of a disability and has been trained to
work or perform at least one task, the animal meets the definition of a service animal and no further
questions as to the animal's status should be asked. Employees should not question individuals
about their disabilities nor should employees ask any individual to provide a license, certification,
or identification card for a service animal.
207.7.3 CONTACT WITH SERVICE ANIMALS
Service animals are not pets. City employees should not interfere with the important work
performed by a service animal by talking to, petting, or otherwise initiating contact with a service
animal.
207.7.4 REMOVAL OF SERVICE ANIMALS
If a service animal is not housebroken or exhibits vicious behavior, poses a direct threat to
the health of others, or unreasonably disrupts or interferes with normal business operations, an
employee should notify an appropriate supervisor who may direct the handler to remove the animal
from the premises. Barking alone is not a threat nor does a direct threat exist if the person takes
prompt, effective action to control the service animal (28 CFR 35.136(b)).
Each incident must be considered individually, and past incidents alone are not cause for excluding
a service animal. Removal of a service animal may not be used as a reason to refuse access to
services, programs, or activities to a person with a disability. Employees are expected to provide
all services that are reasonably available to a person with a disability, with or without a service
animal.
207.8 WEBSITE ACCESS
The ADA coordinator should work with appropriate city employees to develop online content
that is readily accessible to persons with disabilities. City web content should be developed in
conformance with the most current guidelines issued by the U.S. Department of Justice.
Website content should also be made available to persons with disabilities in an alternative format
upon request, if reasonably practicable.
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207.9 DOCUMENTATION
Whenever any modification, assistive device, auxiliary aid, and service has been provided, the
employee involved should document:
(a) The type of modification, aid, or service provided.
(b) Whether the individual elected to use an assistive device, auxiliary aid, and service
provided by the City or some other identified source, if applicable.
(c) Whether the individual's express preference for the modification, assistive device,
auxiliary aid, and service was not honored, and the reason why an alternative method
was used.
The documentation and any written communications exchanged should be maintained consistent
with the Records Maintenance and Release Policy.
207.10 COMPLAINTS
An employee who receives a complaint or becomes aware of potential disability discrimination, an
ADA violation, or a person's inability to access a city program, service, or activity should document
the complaint and refer the matter to the ADA coordinator (28 CFR 35.107).
207.11 TRAINING
Employees who may have contact with persons with disabilities should receive periodic training
on ADA compliance, to include:
(a) Awareness and understanding of this policy and related procedures, related forms,
and available resources.
(b) Procedures for handling requests for modifications.
(c) Accessing assistive devices, auxiliary aids, and services needed to communicate with
persons with disabilities.
(d) General requirements of the ADA, including modifying policies and practices,
communicating with and assisting customers, accepting calls placed through
alternative systems, and identifying alternate ways to provide access to programs,
services, and activities as appropriate to the employee's job duties.
Training records should be maintained in each employee's personnel file in accordance with the
established records retention schedule.
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Government Policy Manual
Emergency Management Plan
208.1 PURPOSE AND SCOPE
This policy addresses the preparation, maintenance, and activation of the city's emergency
management plan as outlined in department Emergency Operation Procedures (EOP) binder.
208.2 POLICY
The City will prepare for large-scale emergencies within and outside its jurisdiction through
planning, mutual cooperation with other agencies, and maintenance of an emergency
management plan.
208.3 CITY RESPONSIBILITIES
The Risk Management Team in conjunction with the Department Safety Leads are should
designate a person responsible for the city's emergency management plan and the coordination
with applicable local and state departments and entities for disaster planning, mitigation, response,
and recovery efforts.
208.4 ACTIVATING THE EMERGENCY MANAGEMENT PLAN
The emergency management plan should include direction on how to activate the emergency
management plan and who can activate it in response to a major emergency.
208.4.1 RECALL OF PERSONNEL
In the event that the emergency management plan is activated, all employees of the City
are subject to immediate recall to service. Employees may also be subject to recall during
extraordinary circumstances as deemed necessary.
Failure to promptly respond to an order to report to work may result in discipline.
208.5 LOCATION OF THE EMERGENCY MANAGEMENT PLAN
Copies of the emergency management plan (EOP binder) should be available at each City
facility to appropriate personnel. All supervisors should familiarize themselves with the emergency
management plan and assist employees in familiarizing themselves with the roles they will play
when the plan is implemented.
208.6 EMERGENCY MANAGEMENT PLAN REVIEW
The Risk Management Team in conjunction with the Department Safety Leads or the auth riz
designee should review the emergency management plan at least once every two years and
ensure that the plan conforms to any revisions made by the National Incident Management System
(NIMS). The_ Risk Management Team in conjunction with the Department Safety Leads or -the
authorized designee should appropriately address any needed revisions.
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208.7 TRAINING
The City should provide training on the emergency management plan for appropriate personnel.
Training should incorporate a full or partial exercise or a tabletop or command discussion
208.8 EMERGENCY OPERATIONS/CLOSING
At times, emergencies such as severe weather, fires, power failures, earthquakes, or pandemics
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 nonworking 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 City will make every effort
to continue to operate all positions. If a position allows for telework employee may be able to
continue to work remotely . In the event that a position is not able to operate or is unable to
telework, they may have to use vacation leave or be unpaid for hours not able to work. Employees
in essential operations may be asked to work on a day when operations are officially closed.
Employees unable to come to or stay at work must use vacation leave or be unpaid for the hours
missed.
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Government Policy Manual
Volunteers
209.1 PURPOSE AND SCOPE
This policy establishes the guidelines for volunteers to supplement and assist city personnel in
their duties. Trained volunteers can augment city personnel and help complete various tasks.
209.1.1 DEFINITIONS
Definitions related to this policy include:
Volunteer - An individual who performs a service for the City without promise, expectation,
or receipt of compensation for services rendered. This may include interns, persons providing
administrative support, and individuals participating in school -sponsored, educational, or diversion
programs, among others. Volunteers may be youths or adults.
209.2 POLICY
It is the policy of the City that volunteers be appointed, trained, and supervised to carry out
specified tasks and duties in an effort to create an efficient local government and improve services
to the community.
209.3 ELIGIBILITY
Requirements for participation as a volunteer for the City may include but are not limited to:
(a) Residency in the community.
(b) The ability to meet any necessary age requirements.
(c) Possession of a valid driver's license, if the position requires vehicle operation.
(d) Possession of liability insurance for any personally owned equipment, vehicles, or
animals utilized during volunteer work.
(e) No conviction of a felony, or pending charges of any crime of a sexual nature or against
children, any crime related to assault or violence, any crime related to dishonesty, or
any crime that would be inconsistent with volunteer service with the City.
(f) The ability to meet physical requirements reasonably appropriate to the assignment.
(g) A personal background history and character suitable for a person representing the
City, as validated by a background investigation, as appropriate.
The Mayor may allow exceptions to these eligibility requirements based on organizational needs
and the qualifications of the individual.
209.3.1 MINORS
Volunteers younger than age 16 4 must be accompanied by a parent, -or legal guardian, or
authorized adult during the performance of their volunteer assignments. Volunteers not affiliated
with an approved organization between the ages of 16 4 and 18 must have the written consent
of a parent or guardian prior to volunteering.
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209.4 RECRUITMENT, SELECTION, AND APPOINTMENT
The City shall endeavor to recruit and appoint only those applicants who meet the high ethical,
moral, and professional standards set forth by this city.
209.4.1 RECRUITMENT
Volunteers should be recruited on a continuous and ongoing basis consistent with city policy on
equal opportunity, nondiscriminatory employment. A primary qualification for participation in the
application process should be an interest in and an ability to assist the City in serving the public.
Requests for volunteers should be submitted in writing by interested city employees to the
volunteer coordinator through the requester's immediate supervisor. A complete description of the
volunteer's duties and a requested time frame should be included in the request. All city employees
should understand that the recruitment of volunteers is enhanced by creative and interesting
assignments. The volunteer coordinator may withhold assignment of any volunteer until such time
as the requester is prepared to make effective use of volunteer resources.
209.4.2 SELECTION
Volunteer candidates or organizations shall successfully complete the following process prior to
appointment as a volunteer:
(a) Submit the appropriate written application.
(b) Interview with the volunteer coordinator.
(c) Successfully complete an appropriate -level background investigation or screening.
209.4.3 APPOINTMENT
Service as a volunteer with the City shall begin with an official notice of acceptance or appointment
by the Mayor or the authorized designee. Notice may only be given by an authorized representative
of the City, who will normally be the volunteer coordinator.
No volunteer should begin any assignment until officially accepted for the position and all required
screening and paperwork has been completed. At the time of final acceptance, each volunteer
should complete all required enrollment paperwork and will receive a copy of the position
description and agreement of service with the City.
All volunteers shall receive a copy of applicable volunteer orientation materials and shall be
required to sign a volunteer agreement. Volunteers should be placed only in assignments or
programs that are consistent with their knowledge, skills, and abilities and the needs of the City.
Volunteers serve at the discretion of the Mayor.
209.5 IDENTIFICATION AND DRESS CODE
As representatives of the City, volunteers are responsible for presenting a professional image to
the community. Volunteers shall dress appropriately for the conditions and performance of their
assignment.
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Uniforms and necessary safety equipment will be provided for each volunteer, if appropriate for
the volunteer position. Identification symbols worn by volunteers shall be different and distinct
from those worn by city employees through the inclusion of "Volunteer" on the uniform.
Certain volunteers may be issued city identification cards to be carried at all times while in the
performance of their assignment. The identification cards may be the standard city identification
cards, except that "Volunteer" will be indicated on the cards.
209.6 PERSONNEL WORKING AS VOLUNTEERS
Before a current City employee volunteers for a position, the following requirements shall be met:
A. Before approving a volunteer position for a current city employee, the Department Head
or designee of the volunteer position, must work with Human Resources to ensure that the
employee's volunteer position does not perform the same type of service or similar duties or be in
the same department as those performed by the employee in his or her regular position with the
City. This could create a liability for the City under the Fair Labor Standards Act (FLSA)-.
B. Provide the volunteer a current Individual Volunteer Waiver. Send a signed copy of the
Individual Volunteer Waiver to Human Resources for inclusion in the employee's personnel file.
C. Wear a City volunteer badge, or other item assigned by the volunteer coordinator, while serving
as a volunteer.
In addition to these requirements, departments must maintain a record of attendance.
Qualified regular personnel, when authorized, may also serve as volunteers. However, —this
sha" not utilize the servoees of volunteers in such a way that it would vielate employment laws
or employment agreements. Therefffe, the volunteer e00Fdinat0F should eensult with the ter --the
authorized designee prier to allowing regular a volunteer capacity (29 CFR
§ 553.100 et seq.).
209.7 VOLUNTEER COORDINATOR
The department using -volunteers should appoint a volunteer coordinator_ should be appointed by
the .
management within City, and to direct and assist efforts to jointly provide MOFe produetive
volunteer serviees. Volunteers serve under the general direction of of the supervisor On charge -of
the volunteer's assignment but the volunteer coordinator.
The volunteer eeordinator may appoint a senior volunteer or other designee to assist On the
coordination of volunteers and their activities.
The responsibilities of the coordinator or the authorized designee include but are not limited to:
(a) Recruiting, selecting, and training qualified volunteers.
(b) Conducting volunteer meetings, as appropriate.
(c) Establishing and maintaining a volunteer callout roster, as necessary.
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(d) Maintaining records for each volunteer.
(e) Tracking and evaluating the contribution of volunteers.
(f) Maintaining a record of volunteer schedules.
(g) Completing and disseminating, as appropriate, all necessary paperwork and
information.
(h) Planning periodic recognition event&-.
(i) Maintaining a Imaison with other community programs that use volunteers and assisting
n community wide efforts to recognize and promote volunteering.
(1)Maintaining volunteer orientation and training materials and outlining expectations,
volunteers.policies, and responsibilities for a"
An evaluation of the overa" use of volunteers wo" be conducted on an annual basis by the
coordonatou
209.8 RESPONSIBILITIES
Volunteers assist city personnel as needed. Volunteers may be assigned to a one City_project to
augment the support of paid personnel, but they may be reassigned as needed. Volunteers should
be placed only in assignments or programs that are consistent with their knowledge, skills, and
abilities and the needs of the City.
209.8.1 COMPLIANCE
Volunteers shall be required to adhere to all city policies and procedures. A copy of the policies
and procedures will be made available to each volunteer upon appointment. The volunteer shall
become thoroughly familiar with these policies.
Whenever a rule, regulation, or guideline in this Policy Manual refers to city employees, it shall
also apply to a volunteer, unless by its nature it is inapplicable.
Volunteers are required to rneet— approved t rements as applicable to their
209.9 INFORMATION ACCESS
With appropriate security clearance, a volunteer may have access to or be in the vicinity of
confidential or protected information, including but not limited to legal materials, financial data, or
information portals. Unless otherwise directed by a supervisor, the responsibilities of the position,
or policy, all such information shall be considered confidential. Only that information specifically
identified and approved by authorized employees shall be released. Confidential information shall
be given only to persons who have a need and a right to know as determined by city policy and
supervisory personnel.
A volunteer whose assignment requires the use of, or access to, confidential or protected
information will be required to obtain the necessary security clearance, which may include a
criminal background check and/or the submission of fingerprints to the appropriate state agency.
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Volunteers working this type of assignment will receive training in data practices and be required
to sign a nondisclosure agreement before being given an assignment with the City. Subsequent
unauthorized disclosure of any confidential information verbally, in writing, or by any other means
by the volunteer is grounds for immediate dismissal and possible criminal prosecution.
Volunteers shall not address public gatherings, appear on radio or television, prepare any article
for publication, act as correspondents to newspapers or other periodicals, release or divulge any
information concerning the activities of the City, or maintain that they represent the City in such
matters without permission from the proper city personnel.
209.10 EQUIPMENT
Any property or equipment issued by the City shall be for official and authorized use only. Any
property or equipment issued to a volunteer shall remain the property of the City and shall be
returned at the termination of service.
0•
.10.1 VEHICLE USE
.-
:.--- -:::- : : - ---:-.:.--- - -
Volunteers whose assignments require the use of a vehicle must first complete:
(a) A driving safety briefing and, if necessary to the volunteer position, a city -approved
driver safety course.
(b) Verification that the volunteer possesses a valid driver's license.
(c) Verification that the volunteer carries current vehicle insurance.
The volunteer coordinator should ensure that all volunteers receive safety briefing updates and
license and insurance verification at least once a year.
When operating city vehicles, volunteers shall obey all rules of the road, including seat belt
requirements.
Volunteers should not operate marked law enforcement or other emergency operation vehicles
unless there is a prominently placed sign indicating that the vehicle is out of service.
Volunteers are not authorized to operate city vehicles while using the vehicle's emergency
equipment (e.g., emergency lights, siren).
209.11 DISCIPLINARY PROCEDURES/TERMINATION
If a volunteer becomes the subject of a complaint or administrative investigation, the matter may
be investigated in accordance with city procedures applicable to regular employees.
Volunteers are considered at -will and may be removed from service at the discretion of the Mayor
or the authorized designee, with or without cause. Volunteers shall have no property interest in
their continued appointments or due process interest in an administrative investigation. However,
if removed for alleged misconduct, the volunteer will be afforded an opportunity solely to clear the
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volunteer's name through a liberty interest hearing, which shall be limited to a single appearance
before the Mayor or the authorized designee.
Volunteers may resign from volunteer service with the City at any time. It is requested that
volunteers who intend to resign provide advance notice and a reason for their decision.
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Government Policy Manual
Risk Management Guidelines
210.1 PURPOSE AND SCOPE
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:
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.
210.2 POLICY
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.
210.2.1 WORK ENVIRONMENT
When dealing with the first area of safety concern in the werl(plaee, A II employees are responsible
to keep the general working environment or area free from unnecessary risk to their own and
others safety and health. _ 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 personal
protective equipment ( PPE) wear (e.g. safety vest, gloves, goggles, face masks, and helmets)
when working in and around chemicals, environments, and/or equipment where such protective
PPE 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.
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, or if there are tripping hazards, noxious smells, abnormal noise, wet and/or
slippery floor, the employee making such an observation should communicate that knowledge or
perception to the nearest and most accessible supervisor immediately.
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210.3 WORK IN PUBLIC RIGHT-OF-WAY
Employee and public safety is our first concern. _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_ _ All City
employees are required to wear high visibility PPE when working in or near public right-of-way.
Also; W 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, I 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 up to and
including termination .
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Chapter 3 - Employment
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Placement Authority
300.1 PURPOSE AND SCOPE
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.
300.2 PROCEDURE
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 and the budget expenses must be approved for
the budget year for which the hire will occur. In the case of other positions, Department Heads
shall have the authority to post announcements, recruit and hire without approval, but should still
have budget approval to cover these employment costs. All hiring must be coordinated through
the Human Resource Director so that proper procedures are followed.
MFD employee hiring will be in conjunction with 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.
300.3 INTERNAL PREFERENCE
Qualified City employees may be given preference over outside applicants to fill vacancies in the
work force without following the notice and selection procedures normally required for hiring new
employees. If the internal preference process is used, it should be completed prior to seeking
outside applicants for the position.
300.4 VETERAN'S PREFERENCE
The City will accord a preference to U.S. Armed Services veterans, or certain of his/her family
members, in accordance with provisions of Idaho Code, Title 65, Chapter 5. In the event of equal
qualifications for an available position, a veteran or family member who qualifies for the preference
will be employed.
_.,®r", ri,
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Recruitment and Selection
301.1 PURPOSE AND SCOPE
This policy provides a framework for employee recruiting efforts and identifying job -related
standards for the selection process. This policy supplements other city rules governing
employment practices.
301.2 POLICY
In accordance with applicable federal, state, and local law, the City provides equal opportunities
for applicants and employees, regardless of actual or perceived race, ethnicity, national origin,
religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy, genetic
information, veteran status, marital status, and any other classification or status protected by law.
The City does not show partiality or grant any special status to any applicant, employee, or group
of employees unless otherwise required by law.
The City will recruit and hire only those individuals who demonstrate a commitment to service and
who possess the traits and characteristics that reflect personal integrity and high ethical standards.
301.3 NATURE OF EMPLOYMENT
The City is a political subdivision of the state of Idaho, though it is not a part of state government.
The City Council serves as the governing body of the City, carrying out local legislative duties and
fulfilling other obligations as provided by law. The City Council is the general policymaker for the
City, and has primary authority to establish terms and conditions of employment with the City. The
Mayor may appoint personnel to help carry out administrative responsibilities. As with all elected
public officials, the Mayor and City Council are ultimately responsible to the voters of the City.
Each employee should recognize that although he/she may serve as an employee supervised by
the Mayor or department head, he/she remains an employee of the City, and not of the official who
supervises his/her work. The terms and conditions set forth in this policy, and in the resolutions
and policy statements that support it, cannot be superseded by any other official's pledge, without
the express action of the City Council. That is particularly true for terms or conditions that would
establish a current or future financial obligation for the City. You may, however, work for an
office/department with an operational policy that provides additional direction to employees on
expectations and procedures unique to that office/department.
301.4 RECRUITMENT
The Human Resources Director should maintain employ -a comprehensive recruitment and
selection strategy to recruit and select employees from a qualified and diverse pool of candidates.
The strategy should include:
(a) Identification of racially and culturally diverse target markets.
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(b) Use of marketing strategies to target diverse applicant pools.
(c) Expanded use of technology and maintenance of a strong internet presence. This may
include an interactive city website and the use of city -managed social networking sites,
if resources permit.
(d) Expanded outreach through partnerships with media, community groups, local
colleges, universities, and the military.
(e) Posting and outreach within the City for internal candidates, when applicable and/or
required.
(f) Use of local, state, or national professional organizations (e.g., National League of
Cities, National Association of Counties, American Society for Public Administration).
The City should avoid advertising, recruiting, and screening practices that tend to stereotype,
focus on homogeneous applicant pools, or screen applicants in a discriminatory manner.
The City strives to facilitate and expedite the interview and selection process, and should
periodically inform candidates of their status in the recruiting process.
301.5 SELECTION PROCESS
The City should actively strive to identify a diverse group of candidates who have in some manner
distinguished themselves as being outstanding prospects. Minimally, the City should employ a
comprehensive screening, background investigation, and selection process that assesses the
candidates' aptitude for the position and includes review and verification of the following:
(a) A comprehensive application for employment (including previous employment,
references, current and prior addresses, education, and military record)
(b) Driving record (if applicable to the position)
(c) Reference checks
(d) Employment eligibility, including U.S. Citizenship and Immigration Services (USCIS)
Employment Eligibility Verification Form 1-9 and acceptable identity and employment
authorization documents. This required documentation should not be requested until
a candidate is hired. This does not prohibit obtaining documents required for other
purposes
(e) Information obtained from public internet sites
(f) Financial history consistent with the Fair Credit Reporting Act (FCRA) (15 USC § 1681
et seq.) for specific positions
(g) Local, state, and federal criminal history record checks
(h) Medical and/or psychological examination, as applicable and legally permissible (may
only be given after a conditional offer of employment) for specific positions
(i) Review board or selection committee assessment
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
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Standard Operating Procedures (SOP) Manual for the residency or any other departmental
requirements.
301.5.1 VETERAN PREFERENCE
The City will provide any veteran preference required by law.
301.5.2 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.
301.6 BACKGROUND INVESTIGATION
Every candidate shall undergo a background investigation to verify the candidate's application
information and ability to perform duties relevant to the position.
301.6.1 NOTICES
Background investigators should ensure that investigations are conducted and notices provided
in accordance with the requirements of the FCRA and applicable state law (15 USC § 1681d).
301.6.2 REVIEW OF SOCIAL MEDIA SITES
Due to the potential for accessing unsubstantiated, private, or protected information, the City
should not require candidates to provide passwords, account information, or access to password -
protected social media accounts.
The City should consider utilizing the services of an appropriately trained and experienced third
party to conduct open source, internet-based searches and/or review information from social
media sites to ensure that:
(a) The legal rights of candidates are protected.
(b) Material and information to be considered are verified, accurate, and validated.
(c) The City fully complies with applicable privacy protections and local, state, and federal
law.
Regardless of whether a third party is used, the Mayor or the authorized designee should ensure
that potentially impermissible information is not available to any person involved in the candidate
selection process.
301.6.3 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 considered aoolicants.
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Drug Tests
All potential new hires, as a condition of employment, will be subject to an initial drug/
alcohol screening prior to beginning work. A negative test result must be received by the
Human Resources Department before they begin work. Refusal of drug screen will make the
applicant un-hirable.
Background Checks
All potential new hires, as a condition of employment, will be subject to a background check,
and shall cooperate fully in accomplishing such checks.
301.6.4 RECORDS RETENTION
The background report and all supporting documentation should be maintained in accordance
with the established records retention schedule.
301.6.5 DOCUMENTING AND REPORTING
The background investigator should summarize the results of the background investigation in
a report that includes sufficient information to allow the reviewing authority to decide whether
to extend a conditional offer of employment. The report should not include any information that
is prohibited from use, including that from social media sites, in making employment decisions.
The report and all supporting documentation should be included in the candidate's background
investigation file.
301.7 EMPLOYMENT STANDARDS
All candidates shall meet any minimum standards required by state and local law. Candidates will
be evaluated based on merit, ability, competence, and experience, in accordance with the high
standards of integrity and ethics valued by the City and the community.
Validated, job -related, and nondiscriminatory employment standards should be established
and maintained for each job classification and should minimally identify the training, abilities,
knowledge, and skills required to perform the position's essential duties in a satisfactory manner.
Each standard should include performance indicators for candidate evaluation.
301.8 JOB DESCRIPTIONS
The Human Resource Department maintains a current job description for each position in the City.
301.9 INTRODUCTORY PERIODS
The Mayor or the authorized designee should coordinate with supervisors to identify positions
subject to introductory probationary periods and procedures for:
(a) Appraising performance during the introductory period won.
(b) Assessing the level of performance required to complete the introductory period
probation.
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(c) Extending the introductory period Derr.
(d) Documenting successful or unsuccessful completion of the introductory period
Win.
301.10 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.
301.11 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. Current review date
is maintained unless otherwise negotiated.
Promoted employees begin receiving any commensurate pay increases established for the
position commencing on the first day of the following general pay period after 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 f - or 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. The City does reserve the right to hire from outside the organization.
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.
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301.12 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 stronger 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.
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Introductory Period
302.1 PURPOSE AND SCOPE
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.
302.2 POLICY
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 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.
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Employment Categories
303.1 PURPOSE AND SCOPE
It is the intent of the City to clarify the definitions of employment classifications so that employees
understand their employment status and benefit eligibility.
303.2 POLICY
Employment Status
All employees of the City, including part-time and temporary employees, are AT -WILL
EMPLOYEES, except as otherwise required by law or pursuant to a written contract approved
by the City Council.
Employed Attorneys.
Because the Idaho Rules of Professional Conduct govern the relationship between an
attorney and his/her client, attorneys employed by the City are considered to be at -will
employees, and they serve at the pleasure of the Mayor and City Council, and can be
appointed or removed at their pleasure.
Appointed Officials.
The city clerk, treasurer, and any other officials appointed pursuant to Idaho Code § 50-204,
may only be removed pursuant to Idaho Code § 50-206. Department Heads are also
considered to be appointed positions. For a list of Department Heads, see Appendix D in
Appendices.
303.3 EXEMPT OR NON-EXEMPT EMPLOYEES UNDER FLSA
Each employee is designated as either nonexempt or exempt from federal and state wage and
hour laws, according to FLSA (Fair Labor Standards Act). Nonexempt employees are entitled
to overtime pay under the specific provisions of federal and state laws. Exempt employees are
excluded from specific provisions of federal and state wage and hour laws.
For a list of Exempt positions, see Appendix C: FLSA Exempt Positions.
Exempt position's treatment of overtime and leave is stated in Exempt Employee Treatment of
Leave policy.
In addition to being classified as Exempt or Non -Exempt, each employee will belong to one of
the Employee Classifications below for benefit purposes. The classification of the position an
employee holds with the City may affect the status of obligations or benefits associated with his/
her employment.
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303.4 ELECTED OFFICIALS
Elected officials are not considered regular employees. Elected Officials receive employment
benefits as identified in a resolution or ordinance adopted by the City Council.
303.5 REGULAR FULL-TIME
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.
303.6 REGULAR PART-TIME
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.
303.7 INTRODUCTORY
Introductory employees are those whose performance is being evaluated to determine whether
further employment in a specific position or with the City is appropriate. Employees who
satisfactorily complete the introductory period will enter the "regular" employment classification,
unless notified otherwise. Generally, they are eligible for the City's benefit package, subject to the
terms and conditions, and limitations of each benefit program.
303.8 TEMPORARY
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.
303.9 SEASONAL
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 -
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mandated benefits (such as workers' compensation insurance and Social Security), they are
ineligible for the City's other benefit programs.
303.10 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: Department Heads.
See Organization Chart Attached — Appendix A: Organizational Chart and Department
Breakdown.
303.11 FOREMEN
Foremen are designated in various departments and generally supervise other employees within
their own department.
303.12 MFD EMPLOYEES
MFD employees are City employees assigned to the Emergency Services Department/ and dba
Madison Fire Department.
The MFD Chief shall notify the City of Emergency Services staffing needs. The City shall designate
and assign City employees to meet those staffing needs and perform services under the terms
of the Emergency Services Operational Agreement. The City is responsible to provide qualified
employees to perform the services. At all times. City employees assigned to Emergency Services
shall remain City employees. The City is responsible for payment of all wages, benefits, and
payroll associated taxes with respect to City employees assigned to provide services under the
Agreement. All City employees providing services under the terms of the Agreement will abide by
the policies contained in the City of Rexburg Policy Manual, previously titled Employee Handbook.
The City is responsible for compliance with all employment laws, all wage and hour laws, all
recruiting and hiring efforts, and all personnel documentation and files.
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Candidacy for Elective Office
304.1 PURPOSE AND SCOPE
First Amendment
While the City recognizes that the First Amendment provides Constitutional protections for
the political activity of its employees, it also recognizes that this right is not absolute when
balancing the right of the individual to become a candidate for office and the City's interest
in promoting the efficiency of the public services it performs through its employees.
304.2 POLICY
(a) Reasonable Prediction of Disruption
1. If an employee initiates candidacy against an Elected Official and there is a
reasonable prediction of disruption, the employee must resign or face possible
employment action, including being placed on an unpaid leave of absence or
termination.
2. A reasonable prediction of disruption is based upon any of the following factors:
(a) The size of the department in which the employee works the smaller the
department, the greater the likelihood of disruption;
(b) Whether the employee candidate holds a position of trust and confidence
to the incumbent the closer the ties, the greater the likelihood of disruption;
(c) Whether the employee candidate is running for a position in which he/she
would replace or become superior to his/her current supervisor in such
circumstances the likelihood of disruption would be greater; or
(d) The nature of the relationship between the employee candidate and the
incumbent and the degree of contact they have with one another the
greater the amount of contact and interaction, the greater the likelihood
of disruption.
(e) Not all of the above factors must be met to find a reasonable prediction
of disruption.
(b) Evaluation and Action
1. The Elected Official should consult with legal counsel for the City in determining
whether there exists a reasonable prediction of disruption and the appropriate
employment action to take.
2. The Elected Official should set out in writing the factual basis for finding that
there exists a reasonable prediction of disruption using the above factors and his
reasoning for taking the specific action. The written findings should be provided
to the employee and placed in the employee's personnel file.
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3. All other applicable procedures that allow an opportunity to be heard, as set out
in this policy, will apply.
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Progressive Discipline
305.1 PURPOSE AND SCOPE
This discipline/performance policy of the City establishes a consistent procedure for maintaining
suitable behavior and a productive working environment. These procedures are directory in nature
and minor variations in the processes set forth herein will not affect the validity of any actions
taken pursuant to this policy.
305.2 DISCIPLINE/PERFORMANCE SYSTEM FRAMEWORK
The following framework guides the processes to be taken when an employee violates
employment policies or fails to adequately perform his/her duties. Nothing contained herein is
intended to limit the reasons for which the employee may be disciplined, including termination of
the employment. In addition, nothing contained herein is intended to change the at -will nature of
the employment for those employees identified as at -will in this policy. Progressive steps may be
implemented in order to encourage improved performance or attitude, but are not required. The
City may take any of the prescribed steps in any order when a supervisor deems an action of the
employee to be serious enough to warrant a certain step.
305.3 DISCIPLINARY ACTIONS AVAILABLE
(a) The following actions are among the disciplinary actions that may be taken in response
to personnel policy violations:
1. Oral warning
2. Written warning or reprimand
3. Suspension without pay
4. Demotion
5. Dismissal
(b) Conditions of maintaining employment that relate to particular performance/behavior
issues may be established in conjunction with any of these actions.
MFD EMPLOYEES: The discipline of fire department employees is to be handled through the
hierarchy of the fire department as follows: When a grievance arises, the concerned employee is
to contact their immediate supervisor. If the immediate supervisor is not able to bring resolution to
the concern, they are welcome to bring the issue before an assistant chief. If the assistant chief
is not able to bring resolution to the concern, the issue will go before the chief. If an agreeable
resolution is not achieved at the chief level, the concern will be taken to the Emergency Services
Board. All will be done in conjunction with the Human
Resources Director. The board may enlist the assistance of City administrators before rendering
a decision on the matter. The board's decision is then the final say.
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305.4 OPPORTUNITY TO BE HEARD —ASSERTIONS OF UNLAWFUL DISCRIMINATION
AND RETALIATION AND "NAME -CLEARING HEARING"
(a) All employees are at -will employees. However, at -will employees may from time
to time experience adverse consequences of unlawful discrimination or retaliation.
In addition, a public employee who is being demoted with a reduction in pay or
terminated from employment based upon allegations of dishonesty, immorality or
criminal misconduct is constitutionally entitled to a name -clearing hearing when one
is requested.
(b) Unlawful discrimination and retaliation address actions that are alleged to involve
decisions based upon age, sex, race, religion, national origin or disability that is not a
bona fide occupational qualification. The City does not condone discrimination on the
basis of the foregoing unlawful categories. Unlawful retaliation addresses actions that
are taken against an employee for initiating a charge of discrimination or harassment,
or for assisting in any way in an investigation of such charges.
(c) Failure to pursue this opportunity to be heard or name -clearing hearing procedure
constitutes a waiver of this opportunity.
(d) Issues involving mob performance or employee attitude, without allegations of
discrimination, retaliation, dishonesty, immorality or criminal misconduct, are not the
proper subject of this procedure and will not be heard.
(e) The procedure for the opportunity to be heard or name -clearing hearing is as follows:
Within fourteen (14) days of his/her termination or demotion, the employee may
submit a written allegation of unlawful discrimination or retaliation, or the basis
for entitlement to a name -clearing hearing, stating with particularity the basis for
the requested hearing. Written allegations that are untimely submitted or that fail
to state a particular, legally recognized basis will not be granted an opportunity to
be heard. An employee will be promptly notified if a requested hearing is denied.
2. An employee alleging unlawful discrimination or retaliation, or who is legally
entitled to a name —clearing hearing, will meet with the City Council. The hearing
will not exceed one U hour in duration.
3. An audio recording of the hearing will be made and maintained as part of the
personnel record.
4. The employee's supervisor may provide a brief written statement at least twenty-
four (24) hours prior to the hearing in response to the charges. The City Council
may require the employee's supervisor to participate in the hearing_
5. The employee will be provided an opportunity to present evidence upon which
the claims are based.
6. The City Council/Emergency Services Board may ask questions during this
process or
7. The employee may question participants during this process.
8. The Idaho Rules of Evidence do not apply to this opportunity to be heard or
nameclearing hearing.
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(f) After the hearing, the City Council/Emergency Services Board will consider the
information submitted, and such other information as might be in the City's records, to
arrive at a decision concerning the employee's allegations. The decision will set forth
in writing the reasons for the City Council's determination.
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Employment Termination
306.1 PURPOSE AND SCOPE
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:
306.2 POLICY
• 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.
Any qualified veteran who has been restored to his/her position in accordance with Idaho Code
65-508 will not be discharged from such position without cause for a period of one U year after
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Employment Termination
such restoration. During this one-year period, a returning veteran will be entitled to an opportunity
to be heard prior to termination. Such returning veteran will also be considered as having been on
an unpaid leave of absence during his/her period of military duty. He/she will be restored to his/
her position without loss of seniority, status or pay.
Employee benefits will be affected by employment termination in the following manner. All accrued,
vested benefits that are due and payable at termination will be paid. Some benefits may be
continued at the employee's expense if the employee so chooses. The employee will be notified
in writing of the benefits that may be continued and of the terms, conditions, and limitations of
such continuance.
The Human Resource Department will respond to all inquiries and verifications of employment
made for terminated employees.
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Chapter 4 - Personnel Conduct
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Workplace Violence
400.1 PURPOSE AND SCOPE
The purpose of this policy is to make clear that the City does not tolerate any direct or implied
threats of violence or violent behavior in the workplace or any act or behavior that is or can be
perceived as threatening, hostile, and/or violent.
400.2 POLICY
It is the policy of the City to provide and maintain a safe work environment for its employees,
volunteers, and members of the public.
In responding to any violent behavior in the workplace, the City is committed to providing protection
to all involved parties, including protection from future physical and/or mental harm and the
protection of the legal rights of victims, witnesses, and those instigating the harm.
400.3 PROHIBITED BEHAVIOR
No employee shall engage in, encourage, or promote violent behavior toward any person while
conducting city business or on city property.
No employee engaged in city business shall carry or possess weapons or explosives unless either:
(a) Permitted by city policy.
(b) State or local law prohibits the City from restricting the possession of the weapon or
explosive.
400.4 REPORTING AND INVESTIGATING
400.4.1 EMPLOYEE RESPONSIBILITY
Employees who experience, observe, or have knowledge of prohibited behaviors and actions in
the workplace have a responsibility to report the situation as soon as practicable to a supervisor,
a manager, or a human resources representative and to the local police department, if a threat
has been made or a crime has occurred.
400.4.2 SUPERVISOR AND MANAGER/ADMINISTRATOR RESPONSIBILITIES
Upon receipt of a report of potential or actual workplace violence, supervisors shall gather as much
information as possible to assess and determine the severity and potential of the situation. If the
report is found to be credible, the Human Resources Department or the authorized designee
shall be notified as soon as practicable and appropriate action taken.
Local law enforcement personnel shall be notified immediately of all threatening or violent
behavior.
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400.4.3 INVESTIGATION
The Human Resources Department of the autherized designe ill promptly, impartially, and
with as much confidentiality as practicable coordinate the investigation of all reports of violent
behavior.
City employees are required to cooperate in any investigation. A timely resolution of each report
should be reached and communicated to all parties involved as quickly as possible.
400.4.4 REPORTING NON -WORK -RELATED THREATENING OR VIOLENT BEHAVIOR
City employees who are victims of domestic violence or other threatening behavior outside of the
workplace, or who believe they are potential victims of such behavior and fear it may enter the
workplace, are encouraged to report the situation as soon as possible to their supervisors.
Supervisors receiving any such report shall contact the Human Resources Department or the
authorized designee as soon as practicable so that any appropriate safety measures or plans
may be developed.
400.5 RETALIATION PROHIBITED
Any form of retaliation against an employee for making a report concerning violent behavior in
the workplace is prohibited.
Any employee who becomes aware of any retaliation or threatened retaliation shall immediately
notify a supervisor.
400.6 RESTRAINING ORDERS
Employees who obtain a restraining order listing their workplace, person, or the City property as
a protected area must provide a copy of the restraining order to their immediate supervisor or
the Human Resources Department or the authorized design . The City needs this information
in order to provide a safe workplace.
400.7 FOLLOW-UP ACTION
Any employee reported to have exhibited violent or potentially violent behavior will be afforded
all rights provided by law and applicable employment agreements before the City takes any
disciplinary action.
Actions that may be taken when an employee has been found to have violated this policy include
but are not limited to the following:
• Mandatory participation in counseling
• Placing the employee on paid administrative leave pending investigation into an
alleged threat or act
• Corrective/disciplinary action up to and including termination
• Criminal arrest and prosecution
• Special procedures, such as job relocation or initiation of a court order
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If, upon investigation, it is determined that an allegation is false or was made maliciously, the
employee who provided the false information will be subject to disciplinary action, up to and
including termination, as well as possible criminal arrest and prosecution.
400.8 LEGAL ACTION
The Mayor or the authorized designee, in consultation with legal counsel, will determine if a
temporary restraining order or injunction should be sought on behalf of the City to reduce future
or threatened violent behavior in the workplace.
400.9 CORRECTIVE ACTIONS
At the completion of the investigation and a review of the incident, or in the case of a threat of
violence, non -disciplinary corrective actions should be implemented or requested to ensure overall
workplace safety. These actions may include but are not limited to:
• Placing the involved employee on administrative leave pending further review and
determination of permanent action.
• Administrative leave would be unpaid in the case of a volunteer.
• Reassigning the employee to a different work location.
• Referring the employee to conflict resolution training sessions.
• Referring the employee to the employee assistance program (EAP).
• Modifying workstation designs and office traffic flow patterns.
• Requiring the employee to attend a fitness -for -duty evaluation.
• Developing specific workplace violence procedures for incident response, prevention,
and corrective actions.
400.10 WORKPLACE VIOLENCE PREVENTION
All city employees are responsible for assisting in the prevention of violence in the workplace.
The City will provide appropriate training to employees regarding workplace violence.
In the event a violent incident occurs in the workplace, the Human Resources Department or
the authorized design is responsible for ensuring that all responsibilities have been met and
actions carried out, as detailed in this policy, and shall review the results of any investigation and
ensure appropriate action is taken. Information gathered during an investigation should be used
for the continuous improvement of policies and procedures to prevent workplace violence.
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Drug -and Alcohol- Free Workplace
401.1 PURPOSE AND SCOPE
The purpose of this policy is to establish clear and uniform guidelines regarding drugs and alcohol
in the workplace (41 USC § 8103).
401.2 POLICY
It is the policy of the City to provide a drug- and alcohol -free workplace for all employees. The only
exception is for law enforcement officers in the proper performance of their duties.
401.3 GENERAL GUIDELINES
Alcohol and drug use in the workplace or on city time can endanger the health and safety of city
employees and the public.
Employees who have consumed an amount of an alcoholic beverage or taken any medication,
or combination thereof, that would tend to adversely affect their mental or physical abilities shall
not report for work. Affected employees shall notify an appropriate supervisor as soon as they are
aware of an inability to report to work. If the employee is unable to make the notification, every
effort should be made to have a representative contact the supervisor in a timely manner. If the
employee is adversely affected while at work, the employee shall be immediately removed and
released from work (see the Work Restrictions section in this policy).
401.3.1 USE OF MEDICATIONS
Employees should not use any medications that will impair their ability to safely and completely
perform their work. Any employee who is medically required or has a need to take any such
medication shall report that need to an immediate supervisor prior to commencing any work.
401.4 EMPLOYEE RESPONSIBILITIES
Employees shall report for work in an appropriate mental and physical condition. Employees
are prohibited from purchasing, manufacturing, distributing, dispensing, possessing, or using
controlled substances or alcohol on city premises or on city time (41 USC § 8103). The lawful
possession or use of prescribed medications or over-the-counter remedies is excluded from this
prohibition.
Employees shall notify a supervisor immediately if they observe behavior or other evidence that
they believe demonstrates that a fellow employee is impaired during work hours due to drug or
alcohol use.
Employees are required to notify their immediate supervisors of any criminal drug statute
conviction for a violation occurring in the workplace no later than five days after such conviction
(41 USC § 8103).
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
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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.
401.5 EMPLOYEE ASSISTANCE PROGRAM
The City provides There may be available an voluntary employee assistance program that
offer s support and resources to address personal or work -related challenges and concerns. to
assist those who wish to seek help for alcohol and drug problems (41 USC § 8103). Insurance
coverage that provides treatment for drug and alcohol abuse may also may available.
Employees should contact the , their insurance providers, or the employee assistance program
for additional information. Employees may contact the Human Resources Department should they
need assistance in accessing those benefits. It is the responsibility of each employee to seek
assistance before alcohol or drug problems lead to performance problems.
401.6 WORK RESTRICTIONS
If an employee informs a supervisor of having consumed any alcohol, drug, or medication that
could interfere with a safe and efficient job performance, the employee may be required to obtain
clearance from a physician before continuing to work.
If the supervisor reasonably believes, based on objective facts, that an employee is impaired by the
consumption of alcohol or other drugs, the supervisor shall prevent the employee from continuing
work and shall ensure that the employee is safely transported away from the workplace.
401.7 SCREENING TESTS
A supervisor may require an employee to submit to a screening under any of the following
circumstances:
(a) The supervisor reasonably believes, based upon objective facts, that the employee
is under the influence of alcohol or drugs that are impairing the employee's ability to
perform work safely and efficiently.
(b) The employee uses property owned or approved by the City in a manner that results
in injury, death, or substantial property damage.
(c) The employee drives a motor vehicle in the performance of the employee's work and
becomes involved in an incident that results in bodily injury, death, or substantial
damage to property.
All employees may be subject to the following types of testing_
• Baseline/Pre-employment
• Post -accident
• Return to duty
• Follow-up
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• Reasonable suspicion
Refusal to submit to drug testing will result in disciplinary action up to and including termination
of employment. Questions concerning this policy should be directed to the Human Resources
Department.
Employees that hold a CDL and in Safety Sensitivity positions will be subject to random drug
testing each quarter.
401.7.1 SUPERVISOR RESPONSIBLITIES
The supervisor shall prepare a written record documenting the specific facts that led to the decision
to require the test, and shall inform the employee in writing of the following:
(a) The test will be given to detect either alcohol or drugs, or both.
(b) The result of the test is not admissible in any criminal proceeding against the
employee.
(c) The employee may refuse the test, but refusal may result in dismissal or other
disciplinary action.
401.7.2 DISCIPLINE
An employee may be subject to disciplinary action if the employee
(a) Fails or refuses to submit to a screening test.
(b) After taking a screening test that indicates the presence of a controlled substance,
fails to provide proof, within 24 72 hours after being requested, of having taken the
controlled substance as directed, pursuant to a current and lawful prescription issued
in the employee's name.
401.8 COMPLIANCE WITH THE DRUG -FREE WORKPLACE ACT
No later than 30 days following notice of any drug statute conviction for a violation occurring in
the workplace involving an employee, the City will take appropriate disciplinary action, up to and
including dismissal, and/or requiring the employee to satisfactorily participate in a drug abuse
assistance or rehabilitation program (41 USC § 8104).
401.9 CONFIDENTIALITY
The City recognizes the confidentiality and privacy due to its employees. Disclosure of any
information relating to substance abuse treatment, except on a need -to -know basis, shall only be
with the express written consent of the employee involved or pursuant to lawful process.
The written results of any screening tests and all documents generated by the employee
assistance program are considered confidential medical records and shall be maintained in the
employee's confidential medical file in accordance with the Personnel Records Policy.
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Smoking and Tobacco Use
402.1 PURPOSE AND SCOPE
This policy establishes limitations on smoking and the use of tobacco products by employees and
others during work hours or while in city facilities or vehicles.
For the purpose of this policy, smoking and tobacco use includes but is not limited to any tobacco
product, such as cigarettes, cigars, pipe tobacco, snuff, tobacco pouches, and chewing tobacco,
as well as any device that is intended to simulate smoking, such as an electronic cigarette or
personal vaporizer.
402.2 POLICY
The City recognizes that smoking and tobacco use is a health risk and can be offensive to others.
All forms of smoking and tobacco use also present an unprofessional image for the City and its
employees. Therefore, all forms of smoking and tobacco use are prohibited by employees and
visitors in all city facilities, buildings, and vehicles, and as is further outlined in this policy.
402.3 SMOKING AND TOBACCO USE
Smoking and tobacco use by employees are prohibited any time employees are in public view
representing the City.
It is the responsibility of employees to ensure that no person under their supervision or control
smokes or uses any tobacco product inside city facilities and vehicles.
No employee shall smoke or vape near any entrance, window, or other location where other
persons may be subject to breathing smoke or vapor. All smoking or vaping must occur outside
of 20 feet from anypublic building_
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Security Inspections
403.1 PURPOSE AND SCOPE
The City wishes to maintain a safe and productive work environment that is free of illegal drugs,
alcohol, firearms, explosives, or other improper materials.
403.2 POLICY
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. City facilities have video cameras in work area's, management may review the camera
footage in reference to safety and productivity, as needed.
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.
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Speech, Expression, and Social Networking
404.1 PURPOSE AND SCOPE
This policy is intended to address issues associated with the use of social networking sites, and
provides guidelines for the regulation and balancing of employee speech and expression with the
needs of the City.
This policy applies to all forms of communication, including but not limited to film, video, print
media, public or private speech, and use of all internet services, including the web, email,
file transfer, remote computer access, news services, social networking, social media, instant
messaging, blogs, forums, video, and other file -sharing sites.
Nothing in this policy is intended to prohibit or infringe upon any communication, speech, or
expression that is protected under law. This includes speech and expression protected under state
or federal constitutions as well as labor or other applicable laws. For example, this policy does not
limit an employee from speaking as a private citizen, including acting as an authorized member
of an employee group, about matters of public concern, such as misconduct or corruption.
Employees are encouraged to consult with their supervisors regarding any questions arising from
the application or potential application of this policy.
404.2 POLICY
Employees of public entities occupy a trusted position in the community, and thus, their statements
have the potential to contravene the policies and performance of the City. Due to the nature of
the work and influence associated with local government employees, it is necessary that city
personnel be subject to certain reasonable limitations on their speech and expression. To achieve
its mission and efficiently provide service to the public, the City will carefully balance the individual
employee's rights against the needs and interests of the City when exercising a reasonable degree
of control over its employees' speech and expression.
404.3 PROHIBITED SPEECH, EXPRESSION, AND CONDUCT
Employees should demonstrate sound judgment in speech, expression, and conduct that relates
to or affects the City. In order to meet the safety, performance, and public -trust needs of the
City, the following are prohibited unless the speech is otherwise protected (e.g., an employee is
speaking as a private citizen, including acting as an authorized member of an employee group,
on a matter of public concern):
(a) Speech or expression that is disruptive to the work environment, undermines authority,
and is destructive to close working relationships.
(b) Speech or expression made pursuant to an official duty that tends to compromise
or damage the mission, function, reputation, or professionalism of the City or its
employees.
(c) Knowingly or recklessly false speech or expression that, while not made pursuant to
an official duty, is significantly linked to, or related to, the City and tends to compromise
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or damage the mission, function, reputation, or professionalism of the City or its
employees. Examples may include:
1. Making a false accusation of wrongdoing without exercising reasonable caution
to verify the truth of the matter.
2. Intentionally misrepresenting on social media actions taken by the City that
would damage the city's reputation.
(d) Speech or expression of any form that could reasonably be foreseen as having
a negative impact on the safety of city employees. Use or disclosure, through
whatever means, of any information, photograph, video, or other recording obtained
or accessible as a result of employment or appointment with the City for financial or
personal gain, or any disclosure of such materials without the express authorization
of the Department Head and Human Resources.
(e) Posting, transmitting, or disseminating any photographs, video or audio recordings,
likenesses or images of city logos, emblems, uniforms, badges, patches, marked
vehicles, equipment, or other material that specifically identifies the City on any
personal or social networking or other website or web page, without the express
authorization of the Department Head and Human Resources or theauthorized
designee.
Employees must take reasonable and prompt action to remove any content, including content
posted by others, that is in violation of this policy from any web page or website maintained by
the employee (e.g., social or personal website).
404.3.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS
While employees are not restricted from engaging in the following activities as private citizens or
as authorized members of employee groups, employees may not represent the City or identify
themselves in any way that could be reasonably perceived as representing the City in order to do
any of the following, unless specifically authorized by theDepartment Head and Human Resources
or the autherozed desigfee:
(a) Endorse, support, oppose, or contradict any political campaign or initiative.
(b) Endorse, support, oppose, or contradict any social issue, cause, or religion.
(c) Endorse, support, or oppose any product, service, company, or other commercial
entity.
(d) Appear in any commercial, social, or nonprofit publication; in any motion picture, film,
video, or public broadcast; or on any website.
Additionally, when it can reasonably be construed that an employee, acting in an individual
capacity or through an outside group or organization, including as an authorized member of an
employee group, is affiliated with this city, the employee shall give a specific disclaiming statement
that any such speech or expression is not representative of the City.
Employees retain their rights to vote as they choose, to support candidates of their choice, and to
express their opinions as private citizens, including as authorized members of employee groups
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on political subjects and candidates at all times during non -work hours. However, employees
may not use their official authority or influence to interfere with or affect the result of elections or
nominations for office. Employees are also prohibited from directly or indirectly using their official
authority to coerce, command, or advise another employee to pay, lend, or contribute anything of
value to a party, committee, organization, agency, or person for political purposes (5 USC § 1502).
404.4 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to emails, texts, or anything published
or maintained through file -sharing software or any internet site (e.g., Facebook, Twitter, Linkedln)
that is accessed, transmitted, received, or reviewed on any city technology system (see the
Information Technology Use Policy for additional guidance).
However, the City may not require an employee to disclose a personal username or password or
to open a personal social website, except when legally permitted and relevant to the investigation
of allegations of work -related misconduct.
404.5 CONSIDERATIONS
In determining whether to grant authorization of any speech or conduct that is prohibited under
this policy, the factors that the Department Head and Human Resources should consider include:
or the author'zed designee should consider inc6de:
(a) Whether the speech or conduct would negatively affect the efficiency of delivering
public services.
(b) Whether the speech or conduct would be contrary to the good order of the City or the
efficiency or morale of its employees.
(c) Whether the speech or conduct would reflect unfavorably upon the City.
(d) Whether the speech or conduct would negatively affect the appearance of impartiality
in the performance of the employee's duties.
(e) Whether similar speech or conduct has been previously authorized.
(f) Whether the speech or conduct may be protected and outweighs any interest of the
City.
404.6 TRAINING
Subject to available resources, the City should provide training regarding the limitations on speech,
expression, and use of social networking to all employees.
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Personal Appearance Standards
405.1 PURPOSE AND SCOPE
This policy provides guidelines for the personal appearance of city employees.
Dress code requirements for uniformed and non -uniformed employees are addressed in the Dress
Code Policy.
405.2 POLICY
City employees shall maintain their personal hygiene and appearance to project a professional
image that is appropriate for public service and for the city in which they work. Personal
appearance standards are primarily based on safety requirements, appearance conformity, and
the social norms of the community served, while considering matters important to city employees.
405.3 GROOMING
The following appearance standards shall apply to all employees unless the employee's
supervisor has granted an exception.
405.3.1 PERSONAL HYGIENE
All employees must maintain proper personal hygiene. Examples of improper personal hygiene
include but are not limited to dirty fingernails, bad breath, body odor, and dirty or unkempt hair.
Employees should adhere to the following general guidelines in their personal appearance when
presenting to work. Employees may be subject to additional personal hygiene standards set forth
in supplemental policies established by each city.
(a) Hair shall be neatly trimmed or arranged.
(b) Facial hair (e.g., beards, sideburns, mustaches, eyebrows) must be clean and well-
groomed. Facial hair for certain employees may be prohibited if it creates a safety
hazard (i.e., facial hair for employees who regularly wear certain types of respirators).
(c) Fingernails should be clean and neatly trimmed to a length that does not present a
safety concern.
405.4 APPEARANCE
405.4.1 JEWELRY
For the purpose of this policy, jewelry refers to rings, earrings, necklaces, bracelets, wristwatches,
and tie tacks or tie bars. Jewelry shall present a professional image and may not create a safety
concern for the employee or others. Jewelry that depicts racial, sexual, discriminatory, gang -
related, or obscene language is not allowed.
405.4.2 TATTOOS
,vvarl, 6stv.rs an,J w16J111e reFresenting the in any official eapaenty, employees should make
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City employees are authorized to have visible tattoos within the following_ guidelines:
1. Employees shall not have any tattoos, body art, or branding on the head, face, neck,
scalp, hands (excluding a ring tattoo to replace a wedding band), or visible teeth
(excluding orthodontic appliances): unless authorized by th Human Resource Director.
2. Any pre-existing tattoos, body art or branding on any of the above areas will either be
removed, or covered by cosmetics or clothing.
3. Any tattoo(s), body art or branding that are obscene, advocates or symbolizes gangs.
extremist groups, discrimination in any form, drug use, conveys sexual innuendo or
sexual discrimination shall not be permitted.
4. Tattoos, body art or branding that portray derogatory or offensive characterizations
contrary to the values of the City of Rexburg are not permitted.
5. Exceptions will be made for permanent makeup, such as eyeliner or lip -liner.
6. Any issue of interpretation shall be review by the Human Resource Director, who will
issue a final decision to authorize or not.
405.4.3 BODY PIERCING OR ALTERATION
Body piercing (other than earlobes) or alteration to any area of the body that is visible while
representing the City in any official capacity, that is a deviation from normal anatomical features,
and that is not medically required, is prohibited. Such body alteration includes but is not limited to:
(a) Tongue splitting or piercing.
(b) The complete or transdermal implantation of any material other than hair replacement
(i.e., foreign objects inserted under the skin to create a design or pattern).
(c) Abnormal shaping of the ears, eyes, nose, or teeth (i.e., enlarged or stretched out
holes in the earlobes).
(d) Branding, scarification, or burning to create a design or pattern.
405.4.4 DENTAL ORNAMENTATION
Dental ornamentation that is for decorative purposes and that is not medically required is
prohibited while representing the City in any official capacity. Such ornamentation includes but
is not limited to:
(a) Objects that are bonded to front teeth.
(b) Gold, platinum, or other veneers or caps used for decorative purposes.
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405.4.5 GLASSES AND CONTACT LENSES
Eyeglasses and sunglasses shall present a professional image. Contact lenses with designs that
change the normal appearance of the eye and that are not medically required are prohibited during
work hours and while representing the City in any official capacity.
405.4.6 COSMETICS AND FRAGRANCES
Cosmetics shall present a professional image. Use of cologne, perfume, aftershave lotion, and
other items used for body fragrance shall be kept to a minimum.
405.5 EXEMPTIONS
City employees may request exemptions from portions of this policy when application would
affect a disability, a religious practice or belief, or other protected characteristics. Requests for
exemptions should be addressed to Human Resources the or the authorized desig Human
Resources The should be advised any time a request for accommodation is denied.
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Dress Code
406.1 PURPOSE AND SCOPE
This policy provides dress code guidelines for city employees.
Other related topics are addressed in the Local Government -Owned and Personal Property and
Personal Appearance Standards policies.
406.2 POLICY
It is the policy of the City that uniformed employees are readily identifiable to the public through
the proper use and wearing of city uniforms and that the appearance of all employees is suitable
and appropriate for their position.
406.3 WORK ATTIRE FOR NON -UNIFORMED EMPLOYEES
Non -uniformed employees shall dress in a manner appropriate for their position and any city -
specific standards. The following guidelines apply to all non -uniformed employees:
(a) Clothing shall fit properly, be clean and free of stains, and not be damaged or
excessively worn.
(b) Employees assigned primarily to an office environment, including management,
administrative, and support positions, shall wear business -appropriate attire.
(c) Variations from this policy are allowed at the discretion of the employee's immediate
supervisor or the head of the city based upon the employee's assigned job duties.
(d) No item of civilian attire that would adversely affect the reputation of the City or
employee morale may be worn during work hours.
(e) The following items shall not be worn during work hours or when representing the City
in any official capacity:
1. Clothing that reveals excessive cleavage, the back, chest, stomach, or buttocks
2 T short alone E exposed undergarments
3. Swimsuits (with the exception of position -specific need), tank tops, tube tops,
or halter tops
4. Sweatsweatpants, or similar exercise clothing
5. T Sex type pants ransparent clothing
6. Denim pants of any eelor
7. Shorts -(no shorter than a seven (7) inch inseam
8. Clothing, buttons, or pins displaying racial, sexual, discriminatory, gang -related,
or obscene language
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406.4 UNIFORMS
The City will provide uniforms for all employees who are required to wear them in the manner,
quantity, and frequency agreed upon in the respective employee group's employment agreement,
if applicable. The City may provide other employees with uniforms at the direction of the
Department Head.
The Department Head or shall maintain and update uniform and
equipment specifications, which should be consulted by employees as needed. Uniforms shall be
worn as described therein and as specified in this policy and any supplemental city policies.
The following shall apply to those employees assigned to wear city -issued uniforms:
(a) Uniforms and equipment shall be maintained in a serviceable condition and shall
be ready at all times for immediate use. Uniforms shall be neat, clean, and appear
professionally pressed, as necessary for the position.
(b) Uniforms shall be worn in compliance with any applicable city specifications.
(c) Uniforms are only to be worn during work hours, at official city functions or events,
while in transit to or from work, or when authorized by the Department Head or the
authorized designee.
(d) Employees are not to purchase or drink alcoholic beverages while wearing any part
of city -issued uniforms.
(e) Supervisors shall monitor employee compliance with this policy through periodic
inspections of employees within their city who wear a city -issued uniform.
All uniforms and equipment issued to city employees shall be returned to the City upon termination
or resignation.
406.5 UNAUTHORIZED UNIFORMS, EQUIPMENT, AND ACCESSORIES
City employees may not wear any uniform item, accessory, or attachment unless specifically
authorized by the Department Head or the authorized designee.
Employees may not use or carry any safety item, tool, or other piece of equipment unless
specifically authorized by the Department Head or the authorized designee.
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City of Rexburg
Government Policy Manual
Outside Employment
407.1 PURPOSE AND SCOPE
This policy provides guidelines for city employees who seek to engage in authorized outside
employment.
407.1.1 DEFINITIONS
Definitions related to this policy include:
Outside employment - Duties or services performed by employees of the City for another
employer, organization, or individual when wages, compensation, or other consideration for such
duties or services is received. Outside employment also includes duties or services performed
by those employees who are self-employed and receive compensation or other consideration for
services, products, or benefits rendered.
407.2 POLICY
City employees shall obtain written approval from their department head or the authorized
designee prior to engaging in any outside employment. Approval of outside employment shall be at
the discretion of the department head or the authorized designee in accordance with the provisions
of this policy. Failure to obtain prior written approval for outside employment, or engaging in outside
employment that is prohibited by this policy, may lead to disciplinary action.
407.3 OUTSIDE EMPLOYMENT
407.3.1 REQUEST AND APPROVAL
Employees must submit an outside employment form written requ to engage in outside
employment to their immediate supervisors. The request will then be forwarded to their department
head and Human Resources for consideration.
If approved, the employee will be provided with a written notification of approval from Human
Resources. Unless otherwise indicated in writing, approval for outside employment will be valid
through the end of the calendar year in which the request is approved. Employees seeking to
continue outside employment must submit a new request at the start of each calendar year.
407.3.2 DENIAL
Any employee whose request for outside employment has been denied should be provided with
a written notification of the reason at the time of the denial from Human Resources.
407.3.3 REVOCATION
Any employee whose approval for outside employment is revoked or suspended should be
provided with a written notification of the reason for revocation or suspension from Human
Resources.
Approval for outside employment may be revoked or suspended:
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Outside Employment
(a) When a supervisor determines the employee's performance is failing to meet
standards and the outside employment may be related to the deficient performance.
1. Approval for the outside employment may be re-established when the
employee's performance has reached a satisfactory level and with a supervisor's
authorization.
(b) When an employee's conduct or outside employment conflicts with city policy or any
law.
(c) When the outside employment creates an actual or apparent conflict of interest with
the City.
407.3.4 APPEAL
If an employee's request for outside employment is denied or if previous approval is revoked or
suspended, the employee may file a written notice of appeal with Human Resources the or the
authorized designee within 10 days of receiving notice of the denial, revocation, or suspension.
A revocation or suspension will only be implemented after the employee has completed the appeal
process.
If the employee's appeal is denied, the employee may file a grievance as provided in the
Grievances Policy.
407.4 REQUIREMENTS
407.4.1 PROHIBITED OUTSIDE EMPLOYMENT
The City reserves the right to deny any request for outside employment that involves:
(a) The use of city time, facilities, equipment, or supplies.
(b) The use of any city badge, uniform, or influence for private gain or advantage.
(c) The employee's receipt or acceptance of any money or other consideration for the
performance of duties or services required or expected of the employee in the normal
course of employment or appointment.
(d) The performance of duties or services that may later be subject directly or indirectly to
the control, inspection, review, audit, or enforcement of any other employee of the City.
(e) Demands upon the employee's time that would render the employee's work
performance for the City deficient or substandard.
(f) Activities that may conflict with any other policy or rule of the City.
407.4.2 LOCAL GOVERNMENT RESOURCES
Employees are prohibited from using any city equipment or resources in the course of, or for the
benefit of, any outside employment. This shall include the prohibition against employees using
their position with the City to gain access to official records or databases.
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Outside Employment
407.4.3 CHANGES IN OUTSIDE EMPLOYMENT STATUS
Employees who terminate their outside employment shall promptly submit written notification of
such termination to their immediate supervisor. Any subsequent request for renewal or continued
outside employment must thereafter be processed and approved through the procedures set forth
in this policy.
Employees shall also promptly submit in writing to their immediate supervisor any material
changes in outside employment, including any change in the number of hours, type of work, or the
demands of any approved outside employment. Employees who are uncertain whether a change
in outside employment is material are advised to report the change.
407.4.4 LEAVE OR RESTRICTED DUTY STATUS
Employees who are placed on leave or other restricted duty status shall inform their immediate
supervisors in writing within five days as to whether they intend to continue their outside
employment while on such leave or restricted status. The immediate supervisor shall review the
duties of the outside employment, along with any related orders (e.g., administrative, medical),
and make a recommendation to the department head and Human Resources of the authoriz
designee regarding whether such employment should continue.
In the event that the department head and Human Resources o-r the authorized designee
determines that the outside employment should be discontinued, or if the employee fails
to promptly notify an immediate supervisor of the employee's intention regarding outside
employment, a notice revoking approval of the outside employment will be forwarded to the
employee and a copy attached to the original outside employment request.
Criteria for revoking approval due to leave or restricted duty status include but are not limited to:
(a) The outside employment is medically detrimental to the total recovery of the employee.
(b) The outside employment requires performance of the same or similar physical ability
as would be required in the employee's city job.
(c) The employee fails to give timely notice of intent regarding outside employment to an
immediate supervisor.
When the employee returns to full duty with the City, a written request may be submitted to
the department head and Human Resources or the authorized designee to approve the outside
employment request.
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Conflict of Interest
408.1 PURPOSE AND SCOPE
The purpose of this policy is to assist employees in recognizing and avoiding potential conflicts of
interest, thereby ensuring effective and ethical operating practices on the part of the City.
408.1.1 DEFINITIONS
Definitions related to this policy include:
Business relationship - A situation when an employee serves as an employee, independent
contractor, compensated consultant, owner, board member, shareholder, or investor in an outside
business, company, partnership, corporation, venture,_ or other transaction where the employee's
annual interest, compensation, investment, or obligation is greater than_$250. This includes
business relationships as defined by state law.
Conflict of interest - Any actual, perceived, or potential conflict of interest in which it reasonably
appears that an employee's action, inactions or decisions are or may be influenced by an
employee's personal or business relationship. This includes conflicts defined and prohibited by
state law.
408.2 POLICY
Employees of the City are expected to conduct themselves with the utmost professional integrity
and objectivity. Employees will guard against actual or perceived conflicts of interest to ensure
the fair and equitable treatment of city employees and the public, and thereby maintain the trust
of the public and city employees.
408.3 RESTRICTED DUTIES AND ASSIGNMENTS
No person will be employed by the City when the employment would result in a violation of
provisions found in Idaho Code, including but not limited to I.C. § 74-401 et seq.. I.C. §18-1359
and their successors. Any such employment made in violation of these sections may be void. The
appointment or employment of the following persons is prohibited:
(a) No person related to the Mayor or a City Council member by blood or marriage within
the second degree will be appointed to any compensated office, position, employment
or duty: and
(b) No public servant. including Elected Officials and employees, will appoint or vote for
the appointment of any person related to him/her by blood or marriage within the
second degree to any compensated office, position, employment or duty. This means
no one related within the second degree to anyone involved in any way in the hiring
process can be hired and/or that no one related to an applicant within the second
degree can take part in the hiring process.
An employee whose relative is subsequently elected may be eligible to retain his/her position and
pay increases as allowed by relevant provisions of Idaho law. including Idaho Code § 181359(5).
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Conflict of Interest
The City prohibits the following types of personal or business relationships among employees:
(a) Employees are prohibited from directly supervising, occupying a position in the line of
supervision, or being directly supervised by any other employee who is a relative or
with whom they are involved in a personal or business relationship.
1. If circumstances require that such a supervisor/subordinate relationship exist
temporarily, the supervisor should make every reasonable effort to defer matters
pertaining to the involved employee to an uninvolved supervisor.
2. When personnel and circumstances permit, the City will attempt to make every
reasonable effort to avoid placing such employees in supervisor/subordinate
situations. The City, however, reserves the right to transfer or reassign any
employee to another position within the same classification to avoid conflicts
with any provision of this policy.
(b) Employees are prohibited from participating in, contributing to, or recommending
promotions, assignments, performance evaluations, transfers, or other personnel
decisions affecting an employee who is a relative or with whom they are involved in
a personal or business relationship.
(c) Whenever possible, trainers should not be assigned to train relatives. Trainers
are prohibited from entering or maintaining personal or business relationships with
any employee they are assigned to train until such time as the training has been
successfully completed and the employee is off probation.
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 supervisor
relationship involved, the parties may be separated by reassignment or terminated from
employment.
Idaho statute 18-1359 prohibits nepotism. For the purposes of this policy, relatives are defined as
those people within the 2nd degree of consanguinity. (See Appendix B: Consanguinity Chart)
408.3.1 EMPLOYEE RESPONSIBILITY
Employees shall follow all laws regarding actual or perceived conflicts of interest and should avoid
situations that create the appearance of an actual or perceived conflict of interest. Employees
should take reasonable steps to address a perception of a conflict of interest when such a
perception is reasonably foreseeable and avoidable (e.g., deferring a decision to an uninvolved
employee).
Whenever any employee is placed in circumstances that would require the employee to take
enforcement action or to provide official information or services to any relative or individual
with whom the employee is involved in a personal or business relationship, that employee shall
promptly notify an uninvolved immediate supervisor.
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Conflict of Interest
In the event that no uninvolved supervisor is immediately available, the employee shall promptly
notify the Mayor to have another uninvolved employee either relieve the involved employee or,
minimally, remain present to witness the action.
408.3.2 SUPERVISOR RESPONSIBILITY
Upon being notified of or otherwise becoming aware of any circumstance that could result in or
constitute an actual or potential violation of this policy, a supervisor should take all reasonable
steps to promptly mitigate or avoid such violations whenever possible.
Supervisors should also promptly notify the Mayor of such actual or potential violations.
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Complaints
409.1 PURPOSE AND SCOPE
This policy provides guidelines for the reporting, investigation, and disposition of
complaints regarding the conduct of employees of the City. This policy shall not apply to any
questioning, counseling, instruction, informal verbal admonishment, or other routine or unplanned
contact of an employee in the normal course of employment, by a supervisor or any other
employee.
409.2 POLICY
The City takes seriously all complaints regarding the service provided by the City and the conduct
of its employees.
The City will accept and address all complaints of misconduct in accordance with this policy and
applicable federal, state, and local law, and municipal and/or county rules, and the requirements
of any applicable employment agreements.
It is also the policy of the City to ensure that the community can report misconduct without concern
for reprisal or retaliation.
409.3 COMPLAINTS
Complaints_ include any allegation of misconduct or improper job performance that,
if true, would constitute a violation of city policy or federal, state, or local law or rule. Personnel
complaints may be generated internally or by the public. Complaints may also include disputes
regarding current employment agreements, this Policy Manual, or rules and regulations governing
personnel practices or working conditions.
External Complaints:
All complaints will be courteously accepted by any city employee and promptly given to the
appropriate supervisor. Although written complaints are preferred, a complaint may also be filed
orally, either in person or by telephone. Such complaints will be directed to a supervisor. If a
supervisor is not immediately available to take an oral complaint, the receiving employee shall
obtain contact information sufficient for the supervisor to contact the complainant. The supervisor,
upon contact with the complainant, shall complete and submit a complaint form as appropriate.
Although not required, complainants should be encouraged to file complaints in person so
that proper identification, signatures, photographs, or physical evidence may be obtained as
necessary.
Internal Complaints:
Complaints may be brought by an individual employee or by an employee group representative.
Employees may have representation during the process.
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Exceot as otherwise reauired under current emolovment aareements. if after attemptina to resolve
a problem with the immediate supervisor and/or Department Head an employee wishes to initiate
a formal complaint as defined below, that employee shall: Contact Human Resources.
(a) A formal complaint should include the following_
1. A written statement of the complaint
2. The basis for the grievance.
3. The allegation of any specific wrongful act and the harm done.
4. The specific policies, rules, or regulations at issue.
5. The remedy or goal being sought by the grievance.
(b) The Human Resources Director with the City Attorney, and/or Mayor will review the
formal complaint and respond to the employee within 14 calendar days.
The response will be in writing, and will affirm or refute the allegations.
The response shall include any remedies, if appropriate.
The decision of the Human Resources Director with the City Attorney, and/or
Mayor is considered final.
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409.3.1 COMPLAINT CLASSIFICATIONS
Personnel complaints shall be classified into one of the following categories:
Informal - Complaints about conduct or performance that, if true, do not violate city policy or
federal, state, or local law, or rule may be handled informally by a supervisor or Department
Head. These complaints may include clarification regarding policy, procedures, questions
regarding specific interactions with the public. coworkers, or job perfomance. These complaints
may result in the Supervisor completing a co a tt china and counseling form with the employee.
Formal- A matter in which a supervisor or the employee determines that further action is
warranted. These complaints will be investigated according to the Administrative Investigation
Procedures listed below.
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Incomplete- A matter in which the complaining party either refuses to cooperate or becomes
unavailable after diligent follow-up investigation. At the discretion of the Human Resources
Director and the City Attorney and/or Mayor such matters may be further investigated.
409.3.2 SOURCES OF COMPLAINTS
The following applies to the source of complaints:
(a) Individuals from the public may make complaints in any form, including in writing, by
email, in person, or by telephone.
(b) Any city employee becoming aware of alleged misconduct shall immediately notify a
supervisor.
(c) Supervisors shall initiate a complaint based upon observed misconduct or receipt from
any source alleging misconduct that, if true, could result in disciplinary action.
(d) Anonymous and third -party complaints should be accepted and investigated to the
extent that sufficient information is provided.
(e) Tort claims and lawsuits may generate a personnel complaint.
409.4 AVAILABILITY AND ACCEPTANCE OF COMPLAINTS
409.4.1 COMPLAINT FORMS
Personnel complaint forms will be maintained on the City website. to
the public area of at least one facility and be accessible through the- ebsite
409.5 DOCUMENTATION
All Coaching and Counseling forms and Formal Complaints are stored in the Human Resourse
Department. Supervisors gall ensure that a" forma' and informal eemplaints are doeurnented
on a complaint form. The supervisor sham' ensure that the nature of the complaint is defined as
409.6 ADMINISTRATIVE INVESTIGATIONS
Allegations of misconduct will be administratively investigated as follows.
409.6.1 SUPERVISOR RESPONSIBILITIES
In general, the primary responsibility for the investigation of an personnel external complaint
shall rest with the associated rrrp+syee's immed ate supervisor, unless the supervisor is the
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Complaints
complainant_ , or the supervisor is the ultimate deeision maker regarding disciplinary action or
has any personal involvement regarding the alleged matter. miseondaet. The [DepartmentHead]
should consult with the Human Resources Department, City Attorney and/or the Mayor, as
appropriate, to determine whether a claim should be investigated by another supervisor, the
Human Resources Department, or by an outside investigator.
A supervisor who becomes aware of a complaint alleged misconduct shall take reasonable steps
to prevent aggravation of the situation.
The responsibilities of supervisors include but are not limited to:
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(b) Responding to all complainants in a courteous and professional manner.
(c) Resolving those personnel complaints that can be resolved immediately.
Follow-up contact with the complainant should be made within one to two
business day of the City receiving the complaint.
2. If the matter is resolved and no further action is required. ; the supervisor will
note the resolution on the complaint form and forward the form to the -.
(d) Ensuring that upon receipt of a complaint involving allegations of a potentially serious
nature, the [DepartmentHead] and the Human Resources Director are notified as soon
as practicable.
(e) Promptly contacting the� and for direction regarding the supervisor's role
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Government Policy Manual
Discriminatory Harassment
410.1 PURPOSE AND SCOPE
The purpose of this policy is to prevent city employees from being subjected to discriminatory
harassment, including sexual harassment and retaliation. Nothing in this policy is intended to
create a legal or employment right or duty that is not created by law.
410.2 POLICY
The City is an equal opportunity employer and is committed to creating and maintaining a work
environment that is free of all forms of discriminatory harassment, including sexual harassment
and retaliation. The City will not tolerate discrimination against an employee in hiring, promotion,
discharge, compensation, fringe benefits, and other privileges of employmentbased on, ethnicity,
national origin, religion, sex, sexual orientation, gender identity or expression, age, disability,
pregnancy, genetic information, veteran status, marital status, and any other classification or
status protected by law.. The City will take preventive and corrective action to address any
behavior that violates this policy or the rights and privileges it is designed to protect.
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_: _ _ _ _ _ _
The nondiscrimination policies of the City may be more comprehensive than state or federal law.
Conduct that violates this policy may not violate state or federal law but still could subject an
employee to discipline.
Retaliation is treating a person differently or engaging in acts of reprisal or intimidation against
the person because the person has engaged in protected activity, filed a charge of discrimination_
participated in an investigation, or opposed a discriminatory practice. Retaliation will not be
tolerated.
410.3 DEFINITIONS
LMM
The following defined terms are applicable to this section:
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Discriminatory Harassment
Legally protected class - means a personal characteristic that is protected by law. This includes
race, color, national origin, religion, sex, age (40 and over), disability, or any other characteristic
protected by law.
Participation in the workplace - includes all aspects of being an employee at the City, including
recruitment, hiring, mob performance, performance reviews, training, development, promotion,
demotion, transfer, compensation, benefits, educational assistance, layoff and recall, participation
in social and recreational programs, termination and/or retirement.
Discriminatory Harassment:, including sexual harassment, is verbal or physical conduct that
demeans or shows hostility or aversion toward an individual based upon that individual's protected
class. It has the effect of interfering with an individual's work performance or creating a hostile or
abusive work environment.
Workplace Discrimination - is when one or more persons in a legally_ protected class are
treated adversely with respect to their participation in the workplace. Adverse employment
actions usually involve decisions made by supervisors, department heads, or Elected
Officials that affect the workplace status and benefits of employees.
Illegal adverse employment actions may include, but are not limited to, not hiring a qualified
applicant due to his/her age, not promoting an employee due to his/her religious beliefs,
denying an employee a raise due to his/her race, disciplining an employee more harshly than
others due to his/her sex, and terminating an employee due to his/her national origin.
Workplace harassment - is unwelcome conduct that is directed to one or more persons in a
legally protected class that interferes with their participation in the workplace. The offensive
conduct must be severe or recurring such that it creates a work environment that a reasonable
person would consider intimidating, hostile or abusive. Petty slights, annoyance, and isolated
incidents (unless extremely serious) will not rise to the level of illegality.
Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name
calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs,
offensive objects or pictures.
Workplace Sexual harassment - is a specific type of workplace harassment. Since it is
particularly destructive to the work environment it is more thoroughly addressed here.
Sexual harassment occurs when one or more persons are subject to unwelcome sexual
advances, request for sexual favors, or other verbal, non-verbal, visual or physical
harassment of a sexual nature that is so severe or recurring such that it creates a hostile or
offensive work environment. Sexual harassment includes sexually harassing others of the
same and/or different gender, gender identity or gender expression.
Sexual harassment is unlawful whether it involves co-workers, supervisors, department
heads, Elected Officials, or customers of the City.
Sexual harassment may include, but is not limited to:
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1. Leering, making sexual gestures, or displaying derogatory and or sexually suggestive
objects, pictures, cartoons, posters or drawings:
2. Sexually degrading language, derogatory comments, epithets, slurs, sexually explicit
jokes or comments:
3. Verbal or non-verbal unwanted sexual advances or propositions:
4. Threatening or making reprisals after a negative response to sexual advances:
5. Offering employment benefits such as raises, promotions and job retention in
exchange for sexual favors:
6. Unwanted physical conduct such as touching, massaging, pinching, patting, hugging:
and
7. Physical interference with normal work or movement including impeding or blocking
movement.
Hostile work environment - is discrimination or harassment in the workplace in which comments
or conduct based on a legally protected class, unreasonably interferes with participation in the
workplace. To a reasonable person, the comments or conduct must be severe or recurring such
that it creates an intimidating or offensive work environment. Isolated incidents, petty slights,
occasional teasing or impolite behavior are generally not sufficient to create a hostile work
environment.
Examples of a hostile work environment may include, but are not limited to, being subjected to daily
racial slurs, recurring derogatory comments about job performance based on gender, continuous
sexual advances or propositions, frequently receiving sexually explicit emails from a coworker,
physical harassment like hitting, pushing, groping and other touching_
Workplace retaliation - is when an employee is punished or negatively treated because the
employee engaged in legally_ protected activity, including initiating a complaint of discrimination or
harassment, providing information or assisting in an investigation or refusing to follow orders that
would result in discrimination or harassment. Retaliation can result from employment action taken
by a supervisor, department head, Elected Official or from acts of other employees.
Examples of conduct that might be considered retaliation for engaging in protected activity include
assigning the employee to less desirable tasks or shifts in the office, denying an employee a
promotion or raise, socially isolating an employee, playing practical jokes on the employee, and
allowing other employees to be critical of an employee for participating in a workplace investigation
into alleged discrimination or harassment.
410.3.1 ADDITIONAL CONSIDERATIONS, QUESTIONS AND CLARIFICATIONS
Discrimination and discriminatory harassment do not include actions that are in accordance with
established rules, principles, or standards, including:
(a) Acts or omission of acts based solely upon bona fide occupational qualifications
under the Equal Employment Opportunity Commission and any related state agency
guidelines.
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(b) Bona fide requests or demands by a supervisor that an employee improve work quality
or output, that the employee report to the job site on time, that the employee comply
with City or department rules or regulations, or any other appropriate work -related
communication between supervisor and employee.
Employees with questions regarding what constitutes discrimination, sexual harassment, or
retaliation are encouraged to contact a supervisor, a manager, or Human Resourcesthe for further
information, direction, or clarification.
410.4 RESPONSIBILITIES
This policy applies to all city employees, who shall follow the intent of these guidelines in a manner
that reflects city policy, professional standards, and the best interest of the City and its mission.
Employees who believe they are experiencing discrimination, harassment, or retaliation should
be encouraged to inform the individual that the behavior is unwelcome, offensive, unprofessional,
or inappropriate. However, if the employee feels uncomfortable or threatened or has difficulty
expressing the employee's concern, or if this does not resolve the concern, assistance should be
sought from a supervisor or manager who is a rank higher than the alleged transgressor.
Employees are encouraged to promptly report any discriminatory, retaliatory, or harassing conduct
or known violations of this policy to a supervisor. Any employee who is not comfortable with
reporting violations of this policy to an immediate supervisor may make the report to a higher -
ranking supervisor or manager. Complaints may also be filed with the Human Resources
Department.
Any employee who believes, in good faith, that the employee has been discriminated against,
harassed, or subjected to retaliation, or who has observed harassment, discrimination, or
retaliation, is encouraged to promptly report such conduct in accordance with the procedures set
forth in this policy.
Supervisors and managers receiving information regarding alleged violations of this policy shall
determine if there is any basis for the allegation and shall proceed with a resolution as stated
below.
(a) Employee Responsibilities
1. Employees should report incidents of discrimination, harassment, sexual
harassment, hostile work environment or retaliation as soon as possible after
the occurrence. Reporting should be made to any of the following_
(a) Human Resource Director
(b) Supervisor
(c) Mayor
(d) Legal Counsel for the City
2. If the employee's supervisor is the subject of the incident, the employee should
instead report the incident to one of the other listed officials. Reporting should be
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made regardless of whether the offensive act was committed by a supervisor,
co-worker, vendor, visitor or customer.
(b) Supervisor Responsibilities
1. All supervisors are expected to ensure that the work environment is free
from unlawful discrimination, harassment, sexual harassment, retaliation or
the development of a hostile work environment. They are responsible for the
application and communication of this policy within their work areas. Supervisors
should:
(a) Encourage employees to report any violations of this policy before the
harassment becomes severe or recurring.
(b) Immediately make the Human Resource Office aware of any inappropriate
behavior in the workplace.
(c) Create a work environment where sexual and other harassment,
discrimination, or retaliation is not permitted.
(d) Correct any behaviors they observe that could constitute unlawful
discrimination, harassment, sexual harassment or hostile work
environment.
2. Report any complaint of unlawful discrimination, harassment, sexual
harassment, retaliation or hostile work environment to the Designated Official.
410.5 INVESTIGATION OF COMPLAINTS
If the complaint cannot be satisfactorilv resolved throuah the supervisory resolution process. a
formal investigation will be conducted by the Human Resources Department or other designated
third party.
The person assigned to investigate the complaint will have full authority to investigate all aspects
of the complaint. Investigative authority includes access to records and the cooperation of any
employees involved. No influence will be used to suppress any complaint and no employee will
be subject to retaliation or reprisal for filing a complaint, encouraging others to file a complaint, or
for offering testimony or evidence in any investigation.
Formal investigation of the complaint will be confidential to the extent possible and will include but
is not limited to details of the specific incident, frequency and dates of occurrences, and names
of any witnesses. Witnesses will be advised regarding the prohibition against retaliation, and that
a disciplinary_ process, up to and including termination, may result if retaliation occurs.
Various methods of resolution exist. During the pendency of any such investigation, the supervisor
of the involved employee should take prompt and reasonable steps to mitigate or eliminate any
continuing abusive or hostile work environment. , or
harassment should be fully documented
The following steps must be followed to report and investigate incidents of unlawful discrimination,
harassment, sexual harassment, retaliation, or the development of a hostile work environment.
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Discriminatory Harassment
(a) A person who believes he/she has been unlawfully discriminated, harassed or
retaliated against, or who observes or knows about behavior in the workplace that
could be unlawful discrimination, harassment or retaliation, should report it to the
Human Resources Director, his/her supervisor, department head. Mayor or legal
counsel for the City. The individual receiving the report must then forward it to the
Human Resource Director. If the Designated Official is the subject of the complaint,
the report must then be forwarded to legal counsel for the City.
(b) Once such a complaint has been made, the complaint cannot be withdrawn by the
complainant without a determination that is was made erroneously.
(c) The Human Resource Director should promptly review the complaint and consult with
legal counsel for the City.
(d) In appropriate circumstances, the person who is alleged to have committed the offense
may be placed on paid or unpaid administrative leave pending a resolution of the
allegations.
(e) The Human Resource Director, in consultation with legal counsel for the City, should
engage an appropriate person to investigate the complaint. The investigator should
be a neutral party.
(f) The investigator should interview the complainant, the person alleged to have
committed the offenses, and any relevant witnesses to determine whether or how the
alleged conduct occurred.
(g) Atthe conclusion of the investigation, the investigator will submit a report of the findings
to the Human Resource Director, who will then route it as appropriate.
(h) The Human Resource Director and/or the appropriate supervisors and legal counsel
for the City will meet separately with both the complainant and the person alleged
to have committed the offenses to notify them in person of the findings of the
investigation.
(i) The complainant and the person alleged to have committed the offenses may submit
written statements to the Human Resource Director and/or supervisors challenging
the factual basis of the findings. Unless circumstances prevent, the statement must
be submitted no later than 5 working days after the meeting in which the findings of
the investigation are discussed.
(j) After the Human Resource Director and/or supervisors have met with both parties and
reviewed the documentation, and after consultation with legal counsel for the City,
a decision will be made as to what action, if any, should be taken by the Mayor or
department head.
(k) During this process it is not appropriate for the alleged of - fender to approach other
employees about the incident or complaint.
(1) At the conclusion of this complaint procedure, the complainant should be informed that
action, if any, has been taken. Because disciplinary personnel matters are confidential,
details of the specific discipline should not be shared with the complainant.
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(m) If it is determined that unlawful discrimination, harassment or retaliation has occurred,
an appropriate course of action will be taken by the City. The action will depend on
the following factors:
(a) If problematic conduct is revealed in the investigation, corrective action may be
taken even if the investigation is inconclusive or if it is determined that there has
been no unlawful discrimination, harassment or retaliation.
(b) The severity, frequency and pervasiveness of the conduct;
(c) The conduct of the respective employees;
(d) Prior complaints made against the person alleged to have committed the
offenses; and
(e) The quality of the evidence (first-hand knowledge, credible corroboration etc..
410.6 DOCUMENTATION OF COMPLAINTS
All complaints or allegations shall be thoroughly documented on the appropriate forms and in
a manner designated by the Human Resources Director and City Attorney. The outcome of all
reports shall be:
(a) Approved by the Mayor.
(b) Maintained in accordance with the established records retention schedule.
Confidentiality will be maintained to the fullest extent possible in accordance with applicable
federal, state and local law. However, a complete and thorough investigation of the allegations will
require the investigator to inform witnesses of certain aspects of the complaint in order to obtain
an accurate account of the actions of the parties involved. The City's insurer may also be engaged
to assist in all phases of any proceeding or investigation.
410.7 TRAINING
All new employees shall be provided with a copy of this policy as part of their orientation. The policy
shall be reviewed with each new employee. The employee shall certify by signing the prescribed
form that the employee has been advised of this policy, is aware of and understands its contents,
and agrees to abide by its provisions during the employee's term with the City.
All employees shall receive annual training on the requirements of this policy and shall certify by
signing the prescribed form that they have reviewed the policy, understand its contents, and agree
that they will continue to abide by its provisions.
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Anti -Retaliation
411.1 PURPOSE AND SCOPE
This policy prohibits retaliation against employees who identify workplace issues, such as fraud,
waste, abuse of authority, gross mismanagement, or any inappropriate conduct or practices,
including violations that may pose a threat to the health, safety, or well-being of employees.
This policy does not prohibit actions taken for nondiscriminatory or non -retaliatory reasons, such
as discipline for cause.
These guidelines are intended to supplement and not limit employees' access to other applicable
remedies. Nothing in this policy shall diminish the rights or remedies of an employee pursuant to
any applicable federal law, provision of the U.S. Constitution, state and local law, ordinance, or
current employment agreement.
411.2 POLICY
The City has a zero tolerance for retaliation and is committed to taking reasonable steps to protect
from retaliation employees who, in good faith, engage in permitted behavior or who report or
participate in the reporting or investigation of workplace issues. All complaints of retaliation will be
taken seriously and will be promptly and appropriately investigated.
411.3 RETALIATION PROHIBITED
No employee may retaliate against any person for engaging in lawful or otherwise permitted
behavior; for opposing a practice believed to be unlawful, unethical, discriminatory, or retaliatory;
for reporting or making a complaint under this policy; or for participating in any investigation related
to a complaint under this or any other policy.
Retaliation includes any adverse action or conduct, including but not limited to:
• Refusing to hire or denying a promotion.
• Extending the probationary period.
• Unjustified reassignment of duties or change of work schedule.
• Real or implied threats or other forms of intimidation to dissuade the reporting of
wrongdoing or filing of a complaint, or as a consequence of having reported or
participated in protected activity.
• Taking unwarranted disciplinary action.
• Spreading rumors about the person filing the complaint or about the alleged
wrongdoing.
• Shunning or unreasonably avoiding a person because the person has engaged in
protected activity.
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411.4 COMPLAINTS OF RETALIATION
Any employee who feels retaliated against in violation of this policy should promptly report the
matter to any supervisor or Human Resources, or the Mayor or the authorized designee if Human
Resources is unable to resolve the issue.
Employees shall act in good faith, not engage in unwarranted reporting of trivial or minor deviations
or transgressions, and make reasonable efforts to verify facts before making any complaint in
order to avoid baseless allegations. Employees shall not report or state an intention to report
information or an allegation knowing it to be false or with willful or reckless disregard for the truth
or falsity of the information, or otherwise act in bad faith.
Investigations are generally more effective when the identity of the reporting employee is known,
thereby allowing investigators to obtain additional information from the reporting employee.
However, complaints may be made anonymously. All reasonable efforts shall be made to protect
the reporting employee's identity. However, confidential information may be disclosed to the extent
required by law or to the degree necessary to conduct an adequate investigation and make a
determination regarding a complaint. In some situations, the investigative process may not be
complete unless the source of the information and a statement by the employee are part of the
investigative process.
411.5 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include but are not limited to:
(a) Ensuring complaints of retaliation are investigated.
(b) Receiving all complaints in a fair and impartial manner.
(c) Documenting the complaint and any steps taken to resolve the problem.
(d) Acknowledging receipt of the complaint, notifying the Mayor or the authorized
designee, and explaining to the employee how the complaint will be handled.
(e) Taking appropriate and reasonable steps to mitigate any further violations of this
policy.
(f) Monitoring the work environment to ensure that any employee making a complaint is
not subjected to further retaliation.
(g) Periodic follow-up with the complainant to ensure that retaliation is not continuing.
(h) Not interfering with or denying the right of an employee to make any complaint.
(i) Taking reasonable steps to accommodate requests for assignment or schedule
changes made by an employee who may be the target of retaliation if it would likely
mitigate the potential for further violations of this policy.
411.6 COMPLAINT PROCESS
The Mayor should communicate to all supervisors the prohibition against retaliation.
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Anti -Retaliation
Supervisors shall treat all complaints as serious matters and shall ensure that prompt actions take
place, including but not limited to:
(a) Communicating to all employees the prohibition against retaliation.
(b) The timely review of complaint investigations.
(c) Remediation of any inappropriate conduct or condition and instituting measures to
eliminate or minimize the likelihood of recurrence.
(d) The timely communication of the outcome to the complainant.
411.7 WHISTLE -BLOWING
Employees who believe they have been the subject of retaliation for engaging in protected
behaviors should promptly report it to a supervisor. Supervisors should refer the complaint to the
Mayor or the authorized designee for investigation.
744-IDAHO WHISTLEBLOWER PROTECTION
A. Scope
Idaho Code, Title 6, Chapter 21, provides protections to public employees who experience adverse
employment actions as a result of the good faith reporting of the existence of any waste of public
funds, property or manpower, or of a violation, or suspected violation, of law, rule or regulation of
the City, state of Idaho or the United States of America.
B. Reporting
Any such report must be made at a time, and in a manner, which gives the City a reasonable
opportunity to correct the waste or violation.
C. Protection
The City may not take adverse action against an employee because the employee in good faith
reports the suspected waste or violation, or participates or gives information in an investigation,
hearing, court proceeding or any other form of administrative review of the report.
D. Enforcement of Rights
If the employee believes that he/she has experienced an adverse employment action protected
by the Whistleblower Act, he/she may bring a civil action in District Court within 180 days of the
occurrence of the violation of the Act.
411.8 RECORDS RETENTION AND RELEASE
The Human Resources Department shall ensure that documentation of investigations is
maintained in accordance with the established records retention schedules.
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411.9 TRAINING
This policy should be reviewed with each new employee.
All employees should receive periodic refresher training on the requirements of this policy.
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Title VI Complaints
412.1 PURPOSE AND SCOPE
The City of Rexburg has adopted a Title VI Plan to ensure that the City complies with the provisions
of Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination based on race, color,
or national origin in programs or activities receiving federal financial assistance. Presidential
Executive Order 12898 addresses environmental justice in minority and low-income populations.
Presidential Executive Order 13166 addresses services to those individuals with limited English
proficiency. Discrimination based on gender, age, and disability is prohibited under related
statutes. These Presidential Executive Orders and the related statutes fall under the umbrella of
Title VI.
Federal -aid recipients, sub -recipients, and contractors are required to prevent discrimination and
ensure nondiscrimination in all of their programs, activities, and services whether these programs.
activities, and services are federally funded or not. In the event the Recipient distributes federal aid
funds to a subrecipient, the Recipient will include the Title VI language in all written agreements
and will monitor for compliance.
The City of Rexburg's Title VI Coordinator is responsible for initiating and monitoring Title VI
activities, preparing reports and other responsibilities, direction, and policy to ensure compliance
with Title VI and environmental justice principles.
Any person who believes that he or she, individually, as a member of any specific class, or in
connection with any disadvantaged business enterprise, has been subjected to discrimination
prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990,
Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Right Restoration Act of
1987, as amended, may file a complaint with the City of Rexburg_
412.2 POLICY
The City of Rexburg is committed to promoting transparency by communicating openly and
effectively with its residents. To achieve this goal, the city has developed a Title VI Plan and
a Limited English Proficiency (LEP) Language Access Plan, both of which have been provided
by the City Clerk's Office. These plans ensure that all relevant information and documents are
accessible to everyone, regardless of language barriers or other challenges.
412.3 DEPARTMENT HEAD AND SUPERVISOR RESPONSIBILITIES
Department Head Responsibilities are:
Each Department Head is responsible for Title VI compliance for individual projects. Compliance
activities include, but are not limited to:
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1. Ensuring that all aspects of a proposed project's planning process and operations comply
with the Title VI Requirements.
2. Ensuring that all Parties have meaningful access to a proposed project's planning
processes.
3. Assisting the Title VI Coordinator in gathering and organizing data for the Title VI Plan
Report.
4. Reviewing the Department work programs, policies, and other directives to ensure
compliance with the Title VI Requirements.
5. Verifying the level of participation needed at public outreach meetings.
Department Supervisor responsibilities are:
Department Supervisors are responsible for the day-to-day administration of the Title VI Program
within their respective departments. The Title VI Coordinator shall keep on file an accurate and
updated list of all Department Supervisors.
1. Ensure compliance, program monitoring, reporting, and education regarding the Title VI
Requirements within their respective departments.
2. Meet regularly with the Title VI Coordinator to discuss issues regarding Title VI
implementation and monitoring within the City.
3. Collect statistical data regarding participants in and beneficiaries of federally funded
programs related to Title VI requirements & submit those to the Title VI Coordinator.
4. Prepare and make recommendations on ways to achieve better compliance with the Title
VI Requirements.
5. Conduct post -grant approval reviews of City programs and applicants (e.g., highway
location, design and relocation, and persons seeking contracts with the City), for compliance
with the Title VI Requirements.
6. Conduct department meetings to review the impacts of proposed projects as needed.
7. Develop mechanisms to identify the population of citizens or residents for Proposed
Projects.
8. Notify citizens of public meetings or hearings regarding a proposed project and ensure
that meetings and hearings are accessible to all parties.
9. Disseminate information to the public regarding access to proposed project information,
specifications, and plans.
412.4 COMPLAINT FORM
Title VI complaint forms are available from the Title VI coordinator or Human Resource office.
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Chapter 5 - Risk Management
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Illness and Injury Prevention
500.1 PURPOSE AND SCOPE
The purpose of this policy is to establish an ongoing and effective plan to reduce the incidence
of illness and injury for employees of the City.
This policy specifically applies to illness and injury that results in lost time or that requires medical
treatment beyond first aid. Although this policy provides the essential guidelines for a plan that
reduces illness and injury, each department within the City may set its own related policies or
procedures that do not conflict with this policy.
500.2 POLICY
The City is committed to providing a safe environment for its employees and to minimizing the
incidence of work -related illness and injuries. The City should establish and maintain an illness
and injury prevention plan and provide tools, training, and safeguards designed to reduce the
potential for accidents, injuries, and illness. It is the intent of the City to comply with all laws and
regulations related to occupational safety.
500.3 ILLNESS AND INJURY PREVENTION PLAN
The Human Resource Director R-isk Management Team or the authorized designee is
responsible for developing an illness and injury prevention plan that should include:
(a) Workplace safety and health training programs.
(b) Review of city workplace safety policies and procedures of each city.
(c) Regularly scheduled safety meetings.
(d) Posted or distributed safety information.
(e) A system for employees to anonymously inform management about workplace
hazards.
(f) Establishment of a Risk Management Team safety and health committee that will:
1. Meet regularly.
2. Include representation from each city.
3. Prepare a written record of safety and health committee meetings.
4. Review the results of periodic scheduled inspections.
5. Review investigations of accidents and exposures.
6. Make suggestions to supervisors for the prevention of future incidents.
7. Review investigations of alleged hazardous conditions.
8. Submit recommendations to assist in the evaluation of employee safety
suggestions.
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9. Assess the effectiveness of efforts made by the City to meet applicable
standards.
(g) Establishing a process to ensure illnesses and injuries are reported as required under
state law.
500.4 MANAGERIADMINISTRATOR RESPONSIBILITIES
The responsibilities of the Department Head in conjunction with the Risk Management Team or
the authorized include but are not limited to:
(a) Managing and implementing a plan to reduce the incidence of employee illness and
injury.
(b) Ensuring that a system of communication is in place that facilitates a continuous flow
of safety and health information between supervisors and employees. This system
shall include:
1. New employee orientation that includes a discussion of safety and health
policies and procedures.
2. Regular employee review of the illness and injury prevention plan.
(c) Ensuring that all safety and health policies and procedures are clearly communicated
and understood by all employees.
(d) Taking reasonable steps to ensure that all employees comply with safety rules in order
to maintain a safe work environment. This includes but is not limited to:
1. Informing employees of the illness and injury prevention guidelines.
2. Recognizing employees who perform safe work practices.
3. Ensuring that the employee evaluation process includes employee safety
performance.
4. Ensuring compliance with any applicable safety standards related to:
(a) Communicable diseases
(b) Personal Protective Equipment (PPE) (see the Personal Protective
Equipment Policy)
(c) Emergency Action Plan
(d) Walking -working surfaces
(e) Conducting and documenting Making available a form to document inspections,
unsafe conditions or unsafe work practices, and actions taken to correct unsafe
conditions and work practices.
(f) Documentina Making available a to „t individual incidents or accidents.
(g) Conducting and documenting Ming available a form to docum the safety
and health training of each employee. The training roster is form will include the
employee's name or other identifier, training dates, type of training, and training
providers.
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(h) Conducting and documenting a regular review of the illness and injury prevention plan.
500.5 SUPERVISOR RESPONSIBILITIES
Supervisor responsibilities include but are not limited to:
(a) Ensuring employee compliance with illness and injury prevention guidelines and
answering questions from employees about this policy.
(b) Training, counseling, instructing, or making informal verbal admonishments any time
safety performance is deficient. Supervisors may also initiate discipline when it is
reasonable and appropriate.
(c) Establishing and maintaining communication with employees on health and safety
issues. This is essential for an injury -free, productive workplace.
(d) Completing required forms and reports relating to illness and injury prevention and
submitting such forms and reports to a member of the Risk Management Team.
(e) Notifying a member of the Risk Management Team when:
1. New substances, processes, procedures, or equipment that present potential
new hazards are introduced into the work environment.
2. New, previously unidentified hazards are recognized.
3. Work -related illnesses and injuries occur.
4. New and/or permanent or intermittent employees are hired or reassigned to
processes, operations, or tasks for which a hazard evaluation has not been
previously conducted.
5. Workplace conditions warrant an inspection.
500.6 HAZARDS
All employees should report and/or take reasonable steps to correct unsafe or unhealthy work
conditions, practices, or procedures in a timely manner. Employees should make their reports to
a supervisor (as a general rule, their own supervisors).
Supervisors should make reasonable efforts to correct unsafe or unhealthy work conditions in a
timely manner, based on the severity of the hazard. These hazards should be corrected when
observed or discovered, when it is reasonable to do so. When a hazard exists that cannot be
immediately abated without endangering employees or property, supervisors should protect or
remove all exposed employees from the area or item, except those necessary to correct the
existing condition.
Employees who are necessary to correct the hazardous condition shall be provided with the
necessary protection.
All significant actions taken and dates they are completed shall be documented on the appropriate
form. This form should be forwarded to a member of the Risk Management Team.
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The Risk Management Team will take appropriate action to ensure the
illness and injury prevention plan addresses potential hazards upon such notification.
500.7 INSPECTIONS
Safety inspections are crucial to a safe work environment. These inspections identify and evaluate
workplace hazards and permit mitigation of those hazards. A hazard assessment checklist should
be used for documentation and to ensure a thorough assessment of the work environment.
The Risk Management Team or the authorized designee should ensure that the appropriate
documentation is completed for each inspection.
500.7.1 EQUIPMENT
Employees are charged with daily inspections of their assigned equipment or work environment,
as applicable, prior to beginning their workday. Employees should complete the appropriate form
if an unsafe condition cannot be immediately corrected. Employees should forward this form to
their supervisors.
500.8 INVESTIGATIONS
Any employee sustaining any work -related illness or injury, as well as any employee who is
involved in any work -related accident or hazardous substance exposure, shall report such event
as soon as practicable to a supervisor. Employees observing or learning of a potentially hazardous
condition are to promptly report the condition to their immediate supervisors.
A supervisor receiving such a report should personally investigate the incident or ensure that
an investigation is conducted. Investigative procedures for workplace accidents and hazardous
substance exposures should include:
(a) A visit to the accident scene as soon as possible.
(b) An interview of the injured employee and witnesses.
(c) An examination of the workplace for factors associated with the accident/exposure.
(d) Determination of the cause of the accident/exposure.
(e) Corrective action to prevent the accident/exposure from reoccurring.
(f) Documentation of the findings and corrective actions taken.
Additionally, the supervisor should proceed with the steps to report a work -related injury, as
required under the Work -Related Illness and Injury Reporting Policy, in conjunction with this
investigation to avoid duplication and ensure timely reporting.
500.9 TRAINING
Employees, including supervisors, should be provided with training on general and job -specific
workplace safety and health practices. Training should be provided:
(a) To supervisors to familiarize them with the safety and health hazards to which
employees under their immediate direction and control may be exposed.
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(b) To all employees with respect to hazards specific to each employee's job assignment.
(c) To all employees given new job assignments for which training has not previously
been provided.
(d) Whenever new substances, processes, procedures, or equipment are introduced to
the workplace and represent a new hazard.
(e) Whenever the City is made aware of a new or previously unrecognized hazard.
500.9.1 TRAINING TOPICS
Training topics should include, as applicable:
(a) Reporting unsafe conditions, work practices, and injuries, and informing a supervisor
when additional instruction is needed.
(b) Use of appropriate clothing, including gloves and footwear.
(c) Use of respiratory equipment.
(d) Availability of toilet, hand -washing, and drinking -water facilities.
(e) Provisions for medical services and first aid.
(f) Handling of bloodborne pathogens and other biological hazards.
(g) Prevention of heat and cold stress.
(h) Identification and handling of hazardous materials, including chemical hazards to
which employees could be exposed, and review of resources for identifying and
mitigating hazards (e.g., hazard labels, Safety Data Sheets (SDS)).
(i) Mitigation of physical hazards.
(j) Identification and mitigation of ergonomic hazards, including working on ladders or in
a stooped posture for prolonged periods.
(k) Back exercises/stretches and proper lifting techniques.
(1) Avoidance of slips and falls.
(m) Good housekeeping and fire prevention.
(n) Other job -specific safety concerns.
500.10 RECORDS
Records and training documentation relating to illness and injury prevention will be maintained in
accordance with the established records retention schedule.
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Work -Related Illness and Injury Reporting
501.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance regarding timely reporting of work -related
conditions such as a physical injury or an occupational illness.
501.1.1 DEFINITIONS
Definitions related to this policy include:
Work -related condition - Any significant medical or mental condition suspected to have been
caused by an employee's service to the City. Any condition that would reasonably require some
form of treatment should be considered significant.
501.2 POLICY
The City will address work -related conditions and will comply with applicable state workers'
compensation requirements.
501.3 RESPONSIBILITIES
501.3.1 EMPLOYEE RESPONSIBILITIES
Employees shall report work -related conditions as soon as practicable, but within 24 hours, to a
supervisor, and seek medical care when appropriate.
501.3.2 SUPERVISOR RESPONSIBILITIES
A supervisor learning of any work -related condition should:
(a) Ensure the employee receives medical care as appropriate.
(b) Forward the report to the Risk Management Team _ or the authorized designee to be
maintained in the employee's confidential medical file.
(c) The Risk Management Team shall review the report for accuracy and determine
whether the work -related condition is required to be reported to the state or workers'
compensation entity and whether any additional action should be taken.Forward
the -re port to the or the authorized designee to be maintained in the employeels
Vo
501.4 OTHER ILLNESS OR INJURY
Work -related conditions that do not qualify for workers' compensation reporting shall be
documented on the designated report of injury form, which shall be signed by a supervisor. A
copy of the completed form shall be forwarded to the Risk Management Team. or the authorized
designee.
Unless the injury is extremely minor, the affected employee shall sign the form indicating no desire
for medical treatment. Signing the form does not preclude the employee's ability to later seek
medical attention.
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Communicable Diseases
502.1 PURPOSE AND SCOPE
This policy provides general guidelines to assist in minimizing the risk of employees contracting
and/or spreading communicable diseases.
502.1.1 DEFINITIONS
Definitions related to this policy include:
Communicable disease - A human disease caused by microorganisms that are present in and
transmissible through human blood, bodily fluid, or tissue, or by breathing or coughing. These
diseases commonly include but are not limited to hepatitis B virus (HBV), HIV, and tuberculosis.
Exposure - When an eye, the mouth, a mucous membrane, or non -intact skin comes into contact
with blood or other potentially infectious materials, or when these substances are injected or
infused under the skin; when an individual is exposed to a person who has a disease that can be
passed through the air by talking, sneezing, or coughing (e.g., tuberculosis), or the individual is in
an area that was occupied by such a person. Exposure only includes those instances that occur
due to an employee's position with the City. (See the exposure control plan for further details to
assist in identifying whether an exposure has occurred.)
502.2 POLICY
The City is committed to providing a safe work environment for its employees. Employees should
be aware that they are ultimately responsible for their own health and safety.
502.3 EXPOSURE PREVENTION AND MITIGATION
502.3.1 GENERAL PRECAUTIONS
All employees are expected to use good judgment and follow training and procedures related to
mitigating the risks associated with communicable disease. This includes but is not limited to (29
CFR 1910.1030:
(a) Stocking disposable gloves, antiseptic hand cleanser, CPR masks, or other
specialized equipment in the work area or city vehicles, as applicable.
(b) Wearing city -approved disposable gloves when contact with blood, other potentially
infectious materials, mucous membranes, and non -intact skin can be reasonably
anticipated.
(c) Washing hands immediately or as soon as feasible after removal of gloves or other
PPE.
(d) Treating all human blood and bodily fluids/tissue as if it is known to be infectious for
a communicable disease.
(e) Using an appropriate barrier device when providing CPR.
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(f) Using a face mask or shield if it is reasonable to anticipate an exposure to an airborne
transmissible disease.
(g) Decontaminating non -disposable equipment (e.g., clothing, shoes, work equipment)
as soon as possible if the equipment is a potential source of exposure.
1. Clothing that has been contaminated by blood or other potentially infectious
materials should be removed immediately or as soon as feasible and stored/
decontaminated appropriately.
(h) Handling all sharps and items that cut or puncture (e.g., needles, broken glass, razors,
knives) cautiously and using puncture -resistant containers for their storage and/or
transportation.
(i) Avoiding eating, drinking, smoking, applying cosmetics or lip balm, or handling contact
lenses where there is a reasonable likelihood of exposure.
(j) Disposing of biohazardous waste appropriately or labeling biohazardous material
properly when it is stored.
502.3.2 IMMUNIZATIONS
Employees who could be exposed to HBV due to their positions may receive the HBV vaccine
and any routine booster at no cost (29 CFR 1910.1030). Additional immunizations may also be
required or provided.
502.4 POST EXPOSURE
502.4.1 INITIAL POST -EXPOSURE STEPS
Employees who experience an exposure or suspected exposure shall (29 CFR 1910.1030):
(a) Begin decontamination procedures immediately (e.g., wash hands and any other skin
with soap and water, flush mucous membranes with water).
(b) Obtain medical attention as appropriate.
(c) Notify a supervisor as soon as practical.
502.4.2 REPORTING REQUIREMENTS
Supervisors should investigate every exposure or suspected exposure that occurs as soon as
possible following the incident. Supervisors should document the following information (29 CFR
1910.1030):
(a) Identification of the employee exposed
(b) Date and time of incident
(c) Location of incident
(d) Potentially infectious materials involved and the source of exposure (e.g., identification
of the person who may have been the source)
(e) Work being done during exposure
(f) How the incident occurred or was caused
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(g) PPE in use at the time of the incident
(h) Actions taken post -event (e.g., clean-up, notifications)
Supervisors should advise their employees that disclosing the identity and/or infectious status of
a source to the public or to anyone who is not involved in the follow-up process is prohibited.
Supervisors should complete the incident documentation in conjunction with other reporting
requirements that may apply (see the Work -Related Illness and Injury Reporting and Illness and
Injury Prevention policies).
502.4.3 MEDICAL CONSULTATION, EVALUATION, AND TREATMENT
City employees have the opportunity to have a confidential medical evaluation immediately after
an exposure and follow-up evaluations as necessary.
IM1711.10- 11LI In -am
- :- : -- --
502.4.4 COUNSELING
The City_ may should provide the employee, and the employee's family if necessary, the
opportunity for counseling and consultation regarding the exposure.
502.5 CONFIDENTIALITY OF REPORTS
Medical information shall remain in confidential files and not be disclosed to anyone without the
employee's written consent (except as required by law). Test results from persons who may have
been the source of an exposure are to be kept confidential as well (29 CFR 1910.1030).
502.6 TRAINING
Training regarding communicable diseases should be provided to employees commensurate with
the requirements of their position. The training (29 CFR 1910.1030):
(a) Should be provided at the time of initial assignment to tasks where an occupational
exposure may take place and at least annually after the initial training.
(b) Should be provided whenever the employee is assigned new tasks or procedures
affecting potential exposure to communicable disease.
(c) Should provide guidance on what constitutes an exposure, what steps can be taken to
avoid an exposure, and what steps should be taken if a suspected exposure occurs.
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Accident Procedure
503.1 PURPOSE AND SCOPE
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 Citv. the followina procedures and rules shall apply.
503.2 PROCEDURE
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
city Risk Management Team. reaper. This is in addition to any legally required reports for
law enforcement or insurance purposes, such as Workers' Compensation coverage or personal
injuries (See Workers' Compensation Insurance policy).
The Financial Management Department or an assigned individual from the Risk Management
Team that may be in another 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).
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 the Risk Management Guidelines
policy, and the Vehicle Use policy).
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.
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Temporary Modified -Duty Assignments
504.1 PURPOSE AND SCOPE
This policy establishes procedures for providing temporary modified -duty assignments. This policy
is not intended to affect the rights or benefits of employees under federal or state law, city rules,
or applicable employment agreements. For example, nothing in this policy affects the obligation
of the City to engage in a good faith, interactive process to consider reasonable accommodations
for any employee with a temporary or permanent disability or limitation that is protected under
federal or state law.
504.2 POLICY
Subject to operational and business considerations, the City may identify temporary modified -duty
assignments for employees who have an injury or medical condition resulting in temporary work
limitations or restrictions. A temporary assignment allows the employee to work, while providing
the City with a productive employee during the temporary period.
504.3 GENERAL CONSIDERATIONS
Priority consideration for temporary modified -duty assignments will be given to employees with
work -related injuries or illnesses that are temporary in nature. Employees having disabilities
covered under the Americans with Disabilities Act (ADA) or state law shall be treated equally,
without regard to any preference for a work -related injury.
No position should be created or maintained as a temporary modified -duty assignment.
Temporary modified -duty assignments are a management prerogative and not an employee right.
The availability of temporary modified -duty assignments will be determined on a case -by -case
basis, consistent with the operational and business needs of the City. Temporary modified -duty
assignments are subject to continuous reassessment, with consideration given to operational and
business needs and the employee's ability to perform in a modified -duty assignment.
The Department Head or the authorized designee may restrict employees working in temporary
modified -duty assignments from wearing a uniform, operating a city vehicle, or engaging in outside
employment.
Temporary modified -duty assignments should generally not exceed a cumulative total of 1,040
hours in any one-year period.
Employees who refuse a temporary modified -duty assignment offer are permitted to use available
approved leave, if eligible.
504.4 PROCESS
Employees may request a temporary modified -duty assignment for short-term injuries or illnesses.
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Employees seeking a temporary modified -duty assignment should submit a written request to their
immediate supervisors or the authorized designees. The request should, as applicable, include a
certification from the treating medical professional containing:
(a) An assessment of the nature and probable duration of the illness or injury.
(b) The prognosis for recovery.
(c) The nature and scope of limitations and/or work restrictions.
(d) A statement regarding any required workplace accommodations, mobility aids, or
medical devices.
(e) A statement that the employee can safely perform the duties of the temporary
modified -duty assignment.
Supervisors will make a recommendation to the Department Head Of the authorized designee
regarding temporary modified -duty assignments that may be available based on the needs of the
City and the limitations of the employee. If modified -duty work is determined to be available a
Temporary Modified -Duty Assignment Offer form must be signed by the Department Head and the
employee requesting modified -duty assignment and submitted to the Risk Management Team/
Human Resource Department.
Requests for a temporary modified -duty assignment of 20 hours or less perweek may be approved
and facilitated by the supervisor, with notice to the Department Head or the authorized designee.
504.5 ACCOUNTABILITY
Written notification of assignments, work schedules, and any restrictions should be provided
to employees assigned to temporary modified -duty assignments and their supervisors. Those
assignments and schedules may be adjusted to accommodate city operations and the employee's
medical appointments, as mutually agreed upon by the employee and the employee's supervisor.
504.5.1 EMPLOYEE RESPONSIBILITIES
The responsibilities of employees assigned to temporary modified duty include but are not limited
to:
(a) Communicating and coordinating any required medical and physical therapy
appointments in advance with their supervisors.
(b) Promptly notifying their supervisors of any change in restrictions or limitations after
each appointment with their treating medical professionals.
(c) Communicating a status update to their supervisors no less than once every 30 days
while assigned to temporary modified duty.
(d) Submitting a written status report to their supervisoror the authorized designee that
contains a status update and anticipated date of return to full duty when a temporary
modified -duty assignment extends beyond 60 days.
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504.5.2 SUPERVISOR RESPONSIBILITIES
The employee's immediate supervisor should monitor and manage the work schedule of those
assigned to temporary modified duty.
The responsibilities of supervisors include but are not limited to:
(a) Periodically apprising the Risk Management Team or the authorized designee of the
status and performance of employees assigned to temporary modified duty.
(b) Notifying the Risk Management Team and ensuring that
the required documentation facilitating the employee's return to full duty is received
from the employee.
(c) Ensuring that employees returning to full duty have completed any required training
and certification.
504.6 MEDICAL EXAMINATIONS
Prior to returning to full -duty status, employees shall be required to provide certification from their
treating medical professionals stating that they are medically cleared to perform the essential
functions of their jobs without restrictions or limitations.
The City may require a fitness -for -duty examination prior to returning an employee to full -duty
status.
504.7 PREGNANCY
If an employee is temporarily unable to perform regular duties due to a pregnancy, childbirth, or a
related medical condition, the employee will be treated the same as any other temporarily disabled
employee (42 USC § 2000e(k)). A pregnant employee shall not be involuntarily transferred to a
temporary modified -duty assignment.
If notified by an employee or the employee's representative regarding a limitation related to
pregnancy, childbirth, or related medical conditions, the City should make reasonable efforts to
provide an accommodation for the employee in accordance with federal law and any applicable
state law. The accommodation should be provided without unnecessary delay, as appropriate (42
USC § 2000gg-1; 29 CFR 1636.3; 29 CFR 1636.4).
Nothing in this policy limits a pregnant employee's right to a temporary modified -duty assignment
if required under state law.
504.7.1 NOTIFICATION
Pregnant employees should notify their immediate supervisors as soon as practicable and provide
a statement from their medical providers identifying any pregnancy -related job restrictions or
limitations. If at any point during the pregnancy it becomes necessary for the employee to take a
leave of absence, such leave shall be granted in accordance with the city's personnel rules and
regulations regarding family and medical care leave.
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504.8 INTRODUCTORY EMPLOYEES
Introductory robatienary employees who are assigned to a temporary modified -duty assignment
may have their introductory period probation extended by a period of time equal to their
assignment to temporary modified duty.
504.9 MAINTENANCE OF CERTIFICATION AND TRAINING
Employees assigned to temporary modified duty shall maintain all certification, training, and
qualifications appropriate to both their regular and temporary duties, provided that the certification,
training, or qualifications are not in conflict with any medical limitations or restrictions. Employees
who are assigned to temporary modified duty shall inform their supervisors of any inability to
maintain any certification, training, or qualifications.
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Fitness For Duty
505.1 PURPOSE AND SCOPE
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.
505.2 POLICY
Annual fitness for duty is required for Police Department and MFD employees. Additionally all
employees as a return to employment after injury or illness on or off the job may require a fitness
for duty medical review.
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.
(a) 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
theirjob with reasonable accommodation. These questions can occur when work
performance is impaired or negatively affected, or there exists information that
an employee may be under medical care or require such. Current employees
may be required to take medical examinations to determine fitness for duty (See
Drug and Alcohol Policy and Fitness for Duty Policy.) Such examinations will be
scheduled at reasonable times and intervals, done at the City's expense.
2. 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.
3. 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.
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Fitness For Duty
4. 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.
(b) 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.
(c) Reasonable Accommodation
The City will consider a reasonable accommodation where appropriate and
necessary for an employee who has presented medical records which set
forth and specify a documented temporary or permanent disability for which an
accommodation is requested.
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Chapter 6 - Payroll and Scheduling
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Compensation
600.1 PURPOSE AND SCOPE
The Grade/Step System is used to ensure that we are wise and fair stewards of public monies.
600.2 POLICY
Establishment of Employee Compensation
Employees are compensated in accordance with, and subject to, decisions of the
City Council as annual budgets are set and are subject to increase, reduction,
or status quo maintenance for any time period. Human Resources The -Mayor
or the department head may make suggestions about salary compensation and
other pay system concerns, but the final decision regarding compensation policy
rests with the City Council.
The equivalent, hourly pay rate for any position is determined by dividing the
annual salary listed in the compensation system by the full-time hours of work
available on an annual basis. For MFD24 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.
2. Compliance with State and Federal Pay Acts
The City will comply with all state and federal pay acts governing compensation
of its employees.
3. Right to Change Compensation and Benefits
The City may change general compensation for any reason deemed appropriate
by the City Council. Compensation may also be adjusted based upon job
performance and the availability of funds to maintain a solvent city budget. Hours
worked may be reduced or employees may be laid off as necessary to meet
budgetary constraints or as work needs change.
600.3 CITY OF REXBURG COMPENSATION SYSTEM: GRADE/STEP SYSTEM
The City has a compensation system which is used to determine the pay grade and salary range,
within specific limits, for each employee's position. The base compensation of an employee is
determined by the grade.The pair 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 base of a grade is typically from
step 1 to step 41 (each step represents 1%).Each full time employee that works for the City of
Rexburg is assigned to a position, which position is assigned to a grade.
The base of a grade is typically frern step 1 to step 41 (each step represents 1 %).
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Compensation
600.4 SALARY STUDY
Salary study is normally performed every 5 years.
We compare positions, not employees.
We seek to be as objective as possible, which creates fairness and a structured system.
Ensures that positions are competitive to the market (Market refers to whom we compete with
for employees).
We typically compare salary ranges, not actual wages.
If the study suggests a change in the grade of a position, it does not affect the current wages of the
employee in that respective position; it does affect the longtime earning power for that position.
600.4.1 EXAMPLES OF HOW A SALARY STUDY CAN AFFECT THE GRADE/STEP OF A
POSITION
Employee wage would not change, but their Grade and step assigned could change.
EXAMPLE
CURRENT GRADE/
NEW GRADE/STEP
NOTES
STEP
Grade goes up from 17
17/37
18/33
Next review would be
to 18
for a potential step merit
raise up to 37
Grade goes down from 6
6/17
5/21
Next review would be
to 5
for a potential step merit
raise up to 25
Grade goes down
8/41
4/45*
No longer eligible for
currently topped out
potential step merit
raises
*This is the only situation where we would allow an individual to be paid above step 41 in their
base pay. Someone else in that same position that was not topped out at the time the salary study
was adopted would have a maximum base salary of step 41.
600.5 COST OF LIVING ADJUSTMENT (COLA)
A COLA maintains the integrity of the wage range for positions between study years.
Annual COLA's are determined from the percent change by year on the Consumer Price Index
for Jan that is released March.
There is no guarantee that a COLA will be received each year, this is something that must be
approved by City Council on an annual basis through the budgeting process.
If a COLA is adopted, each step on the grade step chart is increased by that respective COLA
amount.
A COLA maintains the integrity of the wage range for positions between study years.
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Annual COLA's are determined from the percent change by year on the Consumer Price Index
for Jan that is released March.
There is no guarantee that a COLA will be received each year, this is something that must be
approved by City Council on an annual basis through the budgeting process.
If a COLA is adopted, each step on the grade step chart is increased by that respective COLA
amount.
Employees may request and review compensation information about their own jobs by contacting
the Human Resource Department. Supervisors may review the compensation system information
for their own staff or subordinates upon request. For further information regarding the City of
Rexburg Compensation System, visit the Human Resource Department where a handout may be
obtained explaining the grade/step system.
600.6 DISCLAIMER
The City makes no promise as to what your future earnings might be when you are hired.
It is important that employees understand the City of Rexburg Compensation System, if you have
further questions, please contact a representative of the HR Department
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Time Keeping
601.1 PURPOSE AND SCOPE
Accurately recording time worked and leave tracking is the responsibility of every nonexempt
employee and is an essential function of every -mob within the City. 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.
601.2 POLICY
Nonexempt employees should accurately record the time worked each day through the Cities
approved time keeping system. Errors needing supervisor correction must have documented
comments on the time record. They should also record the beginning and ending time of any split
shift or departure from work for personal reasons. All hours worked and paid leave taken must
be recorded in the time keeping system for each pay period. Overtime work must always be
approved before it is performed.
The beginning and end of the employee's pay work week ar period is listed in the time keeping
system and a payroll schedule can be found on the City website under payroll. on available to
sheets or other torne record. A" hours worked and paid leave taken must be reeorded on one tome
sheet or reeord for each pay period-.
All employees must approve and submit their time record sheets are electronically on
approved/signed and submitted to the appropriate supervisor a the last day of the
next shift worked immediately following the of the pay period. Thus, when a pay peried ends
employee'sat the end of a week, the tome sheet fer that peried shall be turned On not later than the next
Monday morning, or the next business day On the event that Monday is a legal holiday.- Some pay
checks may inelude eornpensation for more than one pay peried, depending on the
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 not report to work no more than five minutes prior to their scheduled
starting times 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 electronically approve/sign his or her time record to certify the
accuracy of all time recorded. The supervisor will review and then electronically approve/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 approving the time record.
MFD24 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.
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Supervisors should review, electronically approve/sign (if correct), and turn in the time sheets to
the payroll department the Monday same
day they reeeive thern or by the end of the first bu-i..---
day following the end of the pay period e work week. If the supervisor is not available to do the
approv als e this ; they must should assign someone else to review and approve the time records.
sheets - for them when they are turned on. -Tr-h-e-s-LAb�-+;+- te revvewer will eleetronleally approvelsign
0 n behalf of the department head. Once the department head returns to work, they should review
the tome sheets that have been approved On their behalf while absent.
In the event an employees time record is not approved before payroll is processed, the
missing hours may be withheld from that employee's paycheck until the next payroll.
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Overtime Compensation
602.1 PURPOSE AND SCOPE
This policy establishes guidelines and procedures regarding overtime for employees, in
conformance with the Fair Labor Standards Act (FLSA) (29 USC § 201 et seq.).
602.2 POLICY
The City will compensate nonexempt employees who work authorized overtime either by payment
of wages or by the accrual of compensatory time (29 CFR 553.22). Employees who are salary
exempt from FLSA are not compensated for overtime worked.
602.3 COMPENSATION
Payment of wages to nonexempt employees for overtime, or accrual of compensatory time in lieu
of compensation for overtime worked, shall be at the rate of not less than one and one-half hours
for each hour of employment for which overtime compensation is required (29 USC § 207(o)(1)).
Short periods of overtime worked at the end of the normal workday (e.g., less than one hour in
duration) may be handled informally by an agreement between the supervisor and the employee.
In such cases, the supervisor shall document the overtime worked and schedule a subsequent
adjustment of work time within the same work period that the overtime was worked, rather than
submit a request for overtime compensation (29 USC § 207(o)).
Exempt employees may be eligible for administrative leave, which may be granted at the discretion
of the exempt employee's immediate supervisor.
602.4 REQUESTS FOR OVERTIME COMPENSATION
602.4.1 EMPLOYEE RESPONSIBILITIES
Generally, no employee is authorized to work overtime without the prior approval of a supervisor. If
circumstances do not permit prior approval, approval shall be sought as soon as practicable during
the overtime shift and in no case later than the end of the shift in which the overtime is worked.
Nonexempt employees shall:
(a) Obtain supervisory approval, verbal or written.
Record
method. Informal notations on reports, logs, or other forms not approved for overtime
recording are not acceptable.
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602.4.2 SUPERVISOR RESPONSIBILITIES
Supervisors shall:
(a) Prior to authorizing an employee to work overtime, evaluate the need for the overtime.
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Overtime Compensation
Supervisors should not authorize any request to work overtime if the overtime
would not be an appropriate use of city resources.
(b) Upon receipt of a request for overtime compensation, confirm that the overtime was
authorized and then verify the actual time worked.
Supervisors identifying any unauthorized overtime or discrepancy shall initiate
an internal investigation.
110,
QiFUN ul:lW�1 W.]IML: I uwi:f l:A=l:1=IIir 1r 1:�:�<:���.�
Supervisors may not authorize or approve their own overtime.
602.4.3 NON-EXEMPT POLICE AND MFD24 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 On -
Call and Compensatory Time policy.) Non-exempt Police and MFD24 employees have overtime
calculated and are compensated at different rates listed below.
Overtime compensation is paid to all MFD24 employees based on a 24-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 182 and up to 192 in a 24-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 192 hours during the 24-day period. This half time
pay shall not be reduced due to vacation, sick leave, or other compensated absences.
All MFD24 emplovees shall be entitled to ten (10) hours of overtime compensation for each Da
period in consideration of the willingness to be schedule on a twenty-four (24) day schedule, of
which, the straight time pay part of the overtime is included in their base pay and is a part of their
regular schedule, and the half time pay is added to their paycheck when the timesheet is turned
in and reconciled. This half time pay shall not be reduced due to vacation, sick leave, or other
compensated absences.
Overtime compensation is paid to non-exempt Police officers based on a 14-day work 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 80 hours in a 14-day work period.
Leave such as holidays, sick time and vacation time are excluded from the calculation of overtime
pay.
602.5 VARIATION IN TIME REPORTED
When two or more employees are assigned to the same activity and the amount of time for which
overtime compensation is requested varies among the employees, the , authorized designee,
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Department Head or other approving supervisor may require each employee to include the reason
for the variation on the overtime compensation request.
602.6 REQUESTING USE OF COMPENSATORY TIME
Employees who have accrued compensatory time shall be allowed to use that time for time off
within a reasonable period after making a request, if the request does not unduly disrupt city
operations (29 USC § 207(o)). Requests to use compensatory time will be 2 weeks in advance
when possible. submitted t s the empleyee's
payrollwe_Supervisors may make exceptions in unusual or extraordinary circumstances.
Supervisors shall not unreasonably deny employee requests to use compensatory time (29 CFR
553.25).
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Paydays
603.1 PURPOSE AND SCOPE
603.2 POLICY
Paydays are biweekly, every other Friday. Payroll schedules are created each year and are
available to all employees on the city website page under payroll. MFD24 and Pelice e.m.ployees,
who are on a 24or 28-day pay period respectively, will be advanced half their monthly salary on
those pay days where no time sheets can be turned in.
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. may
exclude the payment for tome sheets that end less than 8 days before the payday.
603.3 PAY ADVANCES
In the event of a personal emergency, employees may submit a written request for a pay advance
to the Human Resources Department. it supervisor or their Department Head . The request
must include the nature of the emergency,and the schedule and plan for repayment of the
advance. Human Resources will determine with the Department Head and CFO if the request
will be approved. If approved the request will be submitted to payroll to process the advance. The
Department Head will present the request to Payroll Department. Pay advances are limited to one
M two (2) per calendar year.
Advances must be paid back to the city in the next paycheck unless otherwise approved by the
Mayor or Chief Financial Officer.
603.4 ADMINISTRATIVE CORRECTION
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. Over-
payments will also be corrected in the next regular paycheck unless this presents a burden to the
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employee (where there is a substantial amount owed). In that case, the City will attempt to arrange
a schedule of reaavments with the emalovee to minimize the inconvenience to all involved.
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Pay Rate Calculation
604.1 PURPOSE AND SCOPE
The City has a compensation system plan which is used to determine the pay grade and salary
range, within specific limits, and for each employee's position. The base compensation of an
employee is determined by the grade.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 base of a grade
is typically from step 1 to step 41 (each step represents 1 %).
Additionally, the salary is broken down on a monthly, semi monthly (which is commensurate with
the plan provides information about eaeh employee's salary based on an annual gross arnount.
s pay perieds), equivalent hourly, and even an overtime pay rate-.
604.2 POLICY
The equivalent, hourly pay rate for any position is determined by dividing the annual salary listed
in the compensation system plan -by the full-time hours of work available on an annual basis. For
MFD24 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.
kii
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-- -I' - - - - - - - - - - -- -:
A salary study is normally performed every 5 years to ensure that compensation for respective
positions are competitive to the market.
604.3 COST OF LIVING ADJUSTMENT (COLA)
A COLA maintains the integrity of the wage range for positions between study years.
Annual COLA's are determined from the percent change by year on the Consumer Price Index
for Jan that is released March.
There is no guarantee that a COLA will be received each year, this is something that must be
approved by City Council on an annual basis through the budgeting process.
If a COLA is adopted, each step on the grade step chart is increased by that respective COLA
amount.
Employees may request and review compensation information about their own jobs by contacting
the Human Resource Department. Supervisors may review the compensation system plan
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information for their own staff or subordinates upon request. For further information regarding the
City of Rexburg Compensation System, visit the Human Resource Department where a handout
may be obtained explaining the grade/step system.
604.4 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.
Over -payments 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.
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Payroll Records
605.1 PURPOSE AND SCOPE
This policy provides the guidelines for completing and submitting payroll records of city employees
who are eligible for the payment of wages.
605.2 POLICY
The City maintains timely and accurate payroll records.
605.3 RESPONSIBILITIES
Employees are responsible for the accurate completion and timely submission of their payroll
records for the payment of wages.
Supervisors are responsible for approving accurate the payroll records of employees under their
supervision.
605.4 TIME REQUIREMENTS
Employees who are eligible for the payment of wages are paid on a scheduled, periodic basis,
generally on the same day or date each period, with certain exceptions, such as holidays. Payroll
records shall be completed and submitted as established by the city payroll procedures.
605.5 RECORDS
The City shall maintain accurate and timely payroll records as required by 29 CFR 516.2 for a
minimum of three years (29 CFR 516.5).
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Wage Reviews and Raises
606.1 PURPOSE AND SCOPE
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.
606.2 POLICY
Regular full-time employees shall be eligible for wage adjustment review, based on merit:
(a) After their introductory period, and
(b) One year later, and
(c) Every two years thereafter until reaching the ceiling established for the job
classification.
(d) Once an employee reaches the ceiling (step 41) of their position, they will not be
eligible for further merit raises.
(e) Certification raises are given only once and not repeated every year, even if the
employee is at step 41 of their pay range.
This schedule may vary based on an employee's experience, education, and applicable
certification at the discretion of the Department Head, Human Resource Director, Mayor, City
Council member over that department, or if applicable, the MFD Board. Any approved wage
adjustments will take effect on the first day of the following general pay period after the effective
date. If the review date is on the first day of pay period, it can begin that day.
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.
606.3 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 40 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 41.
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Wage Reviews and Raises
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, Chief Finance Officer, 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.
606.4 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
• GIS Analyst I
• GIS Analyst II
• GIS Manager
• City Clerk
• Building Official
• Planner
• Staff Engineer
• City Engineer
• Public Works Director
• Assistant Public Works Director
• Building Maintenance Coordinator
• Street Foreman
• Sanitation Foreman
• Asset Management System Administrator
• IT Help Desk Manager
• IT System Administrator
• IT Infrastructure Manager
• Chief Information Technology Officer
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Wage Reviews and Raises
• Economic Development Director
• Chief Financial Officer
• Deputy Treasurer/Controller
• Human Resource Director
• City Attorney
• Recreation Director
• Recreation Program Manager
• Recreation Event Manager
• Cultural Arts Director
• Parks Director
• Fire Chief
• Assistant Fire Chief
• Fire Department Administrative Services Manager
• Police Chief
• Assistant Chief of Police
606.5 CERTIFICATION STEP RAISES (SEE APPENDIX)
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
and of 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.
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Performance Evaluations
607.1 PURPOSE AND SCOPE
This policy provides guidelines for the City performance evaluation system.
607.2 POLICY
The City shall use a performance evaluation system to measure, document, and recognize work
performance. The performance evaluation will serve as an objective guide for the recognition of
good work and the development of a process for improvement.
The City evaluates employees in a nondiscriminatory manner based upon job -related factors
specific to the employee's position, without regard to actual or perceived race, ethnicity, national
origin, religion, sex, sexual orientation, gender identity or expression, age, disability, pregnancy,
genetic information, veteran status, marital status, and any other classification or status protected
by law.
607.3 TYPES OF EVALUATIONS
The City shall use the following types of evaluations:
Regular - An evaluation completed at regular intervals by the employee's immediate supervisor.
Merit - Refer to the Wage Reviews and Adjustments policy for the frequency of evaluations.
, minimally, on the anniversary of the date of hire or the last prernetion . The Human Resource
department develops this evaluation to standardize competencies based on the policies of this
employee handbook.
When an employee transfers to a different assignment in the middle of an evaluation period and
less than six months has transpired since the transfer, the evaluation should be completed by the
current supervisor with input from the previous supervisor.
Coaching and Counseling Special - An evaluation that may be completed at any time the
supervisor and Mayor or the authorized designee determine an evaluation is necessary to address
less than standard performance. The evaluation may include a plan for follow-up action (e.g.,
performance improvement plan (PIP), remedial training, retraining).
607.3.1 RATINGS
When completing an evaluation, the supervisor will identify the rating category that best describes
the employee's performance. The definition of each rating category is as follows:
Exceeds expectations standards -- Performance is better than demonstrated by a competent
employee. It is superior performance_ superior to what is required, but as not of such nature to
warrant a rating of outstanding.
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Meets expectations standards -- Performance of a competent employee. It is satisfactory
performance that meets the standards required of the position.
Under Performing Needs Performance is less than the standards required of
the position. A needs improvement rating shall be thoroughly discussed with the employee.
Unacceptable UnsatisfactorT -Performance is inferior to the standards required of the position.
It is inadequate or undesirable performance that cannot be allowed to continue.
Supervisor comments may be included in the evaluation to document the employee's
strengths, weaknesses, and requirements for improvement. Any job dimension rating marked as
unacceptable unsatisfactory or exceeds expectations ceding shall be substantiated with
supervisor comments.
607.3.2 PERFORMANCE IMPROVEMENT PLAN
Employees who receive an under performing rating or below unsatisfactorymating will may
be subject to a Performance Improvement Plan (PIP). The PIP shall delineate areas that need
improvement, any improvement measures, and a timetable in which to demonstrate improvement.
The issuing supervisor shall meet with the employee to review the employee's performance and
the status of the PIP at least monthly.
607.4 EVALUATION PROCESS
Supervisors should meet with the employees they supervise at the beginning of the evaluation
period to discuss expectations and establish performance standards. Each supervisor should
discuss the tasks of the position, standards of expected performance, and the evaluation criteria
with each employee.
Performance evaluations cover a specific period and should be based upon documented
performance dimensions that are applicable to the duties and authorities granted to the employee
during that period. Evaluations should be completed by each employee's immediate supervisors
in conjunction with the employee's department head. Other supervisors directly familiar with the
employee's performance during the rating period should be consulted by the evaluating supervisor
for input.
Assessment of an employee's job performance is an ongoing process. Continued coaching and
feedback provides supervisors and employees with opportunities to correct performance issues
as they arise and to acknowledge good work. Periodic discussions with the employee during the
course of the evaluation period are encouraged. Supervisors should document all discussions in
the prescribed manner.
Non -probationary employees demonstrating substandard performance shall be notified in writing
as soon as possible in order to have an opportunity to remediate the issues. Such notification
should occur at the earliest opportunity, with the goal being a minimum of 90 days' written notice
prior to the end of the evaluation period.
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All supervisors shall receive training on performance evaluations within one year of a supervisory
appointment.
607.5 EVALUATION FREQUENCY
Supervisors and employees are stronger 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 meetinggoals.
oals.
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.
Merit increase eligible evaluations are processed through the Employee Access portal and are
aiven according to the policy in 606 of this handbook.
r
607.6 EVALUATION INTERVIEW
An evaluation interview is a a private meeting
discussion of the evaluation should be scheduled with the employee. The supervisor should
discuss the evaluation competencies ratings and respond to any questions the employee may
have. The supervisor should provides relevant counseling regarding advancement, specialty
positions, and training opportunities. Any performance areas in need of improvement and 3 goals
for reaching the expected level of performance are should identified and discussed. If the
employee has reasonable objeetions to any of the ratings, the supervisor may make appropriate
adjustments to the evaluation. The reason for such adjustments shall be . If applicable
the supervisor and employee will meet with the Department Head to review the evaluation. The
Department Head may make changes as necessary.
Employees must acknowledge the evaluation in Employee Access once may write eornments in
an identified ..ee fien of the evaluation is submitted. The supervisor and ernpleyee will s.gn and
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607.7 CHAIN OF REVIEW
The signed merit _performance evaluation and any employee attachment should be forwarded
are electronically submitted to Human Resources . the - or the authorized design The- Human
Resources of the autherized designee shall review the evaluation for fairness, impartiality,
uniformity, and consistency_ Human Resources will review the merit recommendation and submit
it for the approval process. The merit increase approval process workflow is as follows:
1. Human Resources to the Department Head
2. Department Head to the Chief Financial Officer
3. Chief Financial Officer to Mayor
4. Mayor to Human Resource Director for output posting_ , and shall consider any written
response or appeal made by the employee.
607.8 RETENTION AND DISTRIBUTION
All merit increase evaluations are accessible through Employee Access, and are stored in
the employees digital personnel file. The original performanee evaluation and any orkjkval
correspondenee related to an appeal shall be maintained On accordance with the Personnel
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Work Schedules
608.1 POLICY
608.1.1 FOR POLICE AND MFD24 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 MFD24 employees.
All MFD24 employees are on a 24-day, 192-hour schedule, with their base pay rate paid for the
first 192 hours worked and one-half (1/2) straight -time pay added to the base pay rate for hours
over 182 and up to 192. Over -time pay is added for hours worked over 192.
All non-exempt Police officers are on a 14-day, 80-hour schedule. Overtime pay is added for hours
worked over 80 hours in a 14 day work period.
Leave such as holidays, sick time and vacation time are excluded from the calculation of overtime
pay.
608.1.2 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 905 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 the Employment Categories
policy)
608.2 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.
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Meal Periods and Breaks
609.1 PURPOSE AND SCOPE
This policy provides general guidance regarding meal periods and breaks for employees.
609.2 POLICY
It is the policy of the City to provide meal periods and breaks to employees in accordance with
the law and any employment agreements.
609.3 MEAL PERIODS
Employees shall take meal periods at times approved by their supervisors. The time spent for
meal periods shall not exceed the authorized time allowed.
Emergency response employees shall remain on -duty subject to call during meal periods. All other
employees are not on -duty during meal periods unless directed otherwise by a supervisor.
609.4 BREAKS
Breaks should be taken near the midpoint of each four-hour work period. Only one break should
be taken during each four hours of work. No breaks should be taken during the first or last hour
of an employee's shift unless approved by a supervisor.
Emergency response employees shall remain on -duty subject to call during breaks. All other
employees are not on -duty during breaks unless directed otherwise by a supervisor.
609.5 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 30 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 workday. For employees scheduled
for a 10 hour workday, any lunch break must be started within a period of time that is between 3
and 7 hours after the start of their workday.
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609.6 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 or equipment is not allowed: City vehicles must be safely parked when the
driver is consuming food. Consumption of legal beverages in cars and pickups is allowed.
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Lactation Breaks
610.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance regarding reasonable accommodations for
lactating employees.
610.2 POLICY
It is the policy of the City to provide, in compliance with federal law, reasonable accommodations
for lactating employees. This includes break time and appropriate facilities to accommodate any
employee desiring to express breast milk for a nursing child for up to one year after the child's
birth (29 USC § 218d; 42 USC § 2000gg-1; 29 CFR 1636.3).
610.3 LACTATION BREAK TIME
A rest period should be permitted each time the employee requires a lactation break (29 USC §
218d; 42 USC § 2000gg-1; 29 CFR 1636.3). In general, lactation breaks that cumulatively total 30
minutes or less during any four-hour work period or major portion of a four-hour work period would
be considered reasonable. However, individual circumstances may require more or less time.
Lactation breaks, if feasible, should be taken at the same time as the employee's regularly
scheduled rest or meal periods. While a reasonable effort will be made to provide additional time
beyond authorized breaks, any such time exceeding regularly scheduled and paid break time will
be unpaid.
Employees desiring to take a lactation break shall notify a supervisor prior to taking such a break.
Such breaks may be reasonably delayed if they would seriously disrupt city operations.
Once a lactation break has been approved, the break should not be interrupted except for
emergency or exigent circumstances.
610.4 PRIVATE LOCATION
The City will make reasonable efforts to accommodate employees with the use of an appropriate
room or other location to express milk in private. Such room or place should be in proximity to
the employee's work area and shall be other than a bathroom or toilet stall. The location must be
shielded from view, free from intrusion from coworkers and the public, and otherwise satisfy the
requirements of federal law (29 USC § 218d; 42 USC § 2000gg-1; 29 CFR 1636.3).
Employees occupying such private areas shall either secure the door or otherwise make it clear
to others that the area is occupied with a need for privacy. All other employees should avoid
interrupting an employee during an authorized break, except to announce an emergency or other
urgent circumstance.
Authorized lactation breaks for employees assigned to the field may be taken at the nearest
appropriate private area.
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610.5 STORAGE OF EXPRESSED MILK
Any employee storing expressed milk in any authorized refrigerated area shall clearly label it as
such and shall remove it when the employee's workday ends.
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On -Call and Compensatory Time
611.1 POLICY
The City of Rexburg utilizes on -call time, call -outs, and compensatory time for various department
divisions within the city.
611.1.1 ON -CALL TIME
The City provides additional earnpensation or paid torne off on lieu of eornpensation, 4 - or on eall
work peFfOFrned by 4 , Water, Wastewater and StFeet Department employees, who are
referred to as eomp t1me),.
The Gity provides that Water, Wastewater and Street employees shall accrue four (4) hours of
eernp tome for any weekend during whieh the employee is on eall (2 hours for Saturday and -2
hours for Sunday). They shall also accrue four (4) hours of comp tome for any holiday on call (only
three (3) hours of eornp torne for direeted and approved to be on eall when they are otherwise not seheduled for werk (otherwise
7� day Holidays on New Year's or Ghristifflas Eve Of granted as per
the Holidays polmey). No other eornp tinge iS PFOVided for any on eall tome spent &Fing holidays Of
after regularly seheduled working hours during the work we __ -
On -call pay is compensation for hours when non-exempt employees are "engaged to wait." The
City limits the employees' movement and time so they are available for emergencies. Employees
are obligated to wait for work and must remain within the minimum response time to the workplace.
In addition, some department division require standard operating rounds be conducted during on -
call scheduled work.
When an employee is on -call they are expected to be available for urgent service issues outside
of their regular working hours. The specifics for each department division are located within their
individual department division Standard Operating Procedures (SOP).
On -call hours are not considered to be worked hours and are therefore are not subject to the
overtime calculation.
When completing on Call FOunds, a minimum of two hours will be paid to wateF and wastewater
employee&-.
employee must respond immediately. Pay for eall out begins at the torne the employee 'eaves thehr
leeation to respond. Gall outs enly inelude tFavel tome and no additional tinge spent on peFsenal
errands. A" torne aetua"y worked as the result of being called baek to work while on eall, or wh
doing rounds, shall be paid with a minimurn of 2 hours per eall out to Water, Wastewater ard
Street Department employees and 1 hour to 1%Aemployees. If multiple call outs occur
day, the eall out pay will be subjeet to one 2 hour torne allotment if the employee is still on route E),r
at the eity pFengise WON i - . 11 out. Multiple eall out pay is only allowed Of the engpleyee has
returned
et,...ed 4.......... and must
I..aye 1......ne to take eare
of the a ddotm .nam e-aiiout . To restatea seeond
call out who'e already WON(ing is eensidered a part of the original call out so that an additional 2
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On -Call and Compensatory Time
�:�i��i►�.�:�:�u:ra:uti��iii::.�iititi.�.in:� ' : - . . - - - .-.��]►.):. �:�ur��:i.�i►:��i��i�ti:�ti:ni�iui►:
+;nne 'j.Al +
" a '*vrs; hours. The
#,f ;if ai�v.;%!alent, straight tome payment of
AY
min.
.. .'j5.. . i;ini the ei.v;Pvaleint,..
RMIRRAMN
611.1.2 COMPENSATORY TIME
City of Rexburg offers compensatory time to Madison Fire Department and some divisions of
Rexburg Police Department.
MFD
MFD compensatory time can be accrued in lieu of payment during any 24-day period,
provided the hours will be accumulated only after a full 192 hours has been worked.
Compensatory time may only be accrued up to 96 hours total.
. . . .. . . ... . . . .
�n:�ii�:rr��iii���i�:�a•.nay.��i��iiti:t■.�.•�fi��•i�r..�wn��:i:i�.r..n�i�ti-.a:l.��.��• - - - - :
RPD
The Detective Division receives 4 hours of on -call pay. Detectives may choose to be paid for
4 hours or receive 4 hours of compensatory time.
The Community Policing Division may have extra school activities that they must attend
outside of their regular work schedule. For these worked events they may choose to be paid
hours worked or receive those hours as compensatory time up to 56 hours per calendar year.
Compensatory time must be used prior to December 31 st of the year within which they are
accrued. If because of operating needs a request for leave is denied during the month of December
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On -Call and Compensatory Time
the respective Chief may approve the compensatory time be carried into the next calendar year.
Unused compensatory time is to be cashed out at the end of the calendar year.
Military Exception
The exception to these rules for employees that are eligible for compensatory time is they
may save their compensatory 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.
611.1.3 STREET DEPARTMENT WINTER COMPENSATION PAY
The City of Rexburg reqiures Street Department employees to be on call through out the winter
season for snow plowing, snow removal, and street sanding. period
rn p ,,`
34-st - Weather dC..d.-.tes
the Street Department snow plowing and sanding sehedules during the winter. As a result, On orde
to l(eep Gity streets passable, 0 It is often necessary for Street Department employees to work late
evenings, weekends and errholidays_In order to compensate City Street Department employees
for the inconvenience of the winter season, each fulltime Street Department employee will be paid
a flat rate of $ 650 annually. This flat rate amount will be dispersed over the full 26 pay periods of
the year at $25 per pay period. # or one hour per month On addition to his regular salary and any
overtime he may have earned. This hour will be paid by the payroll clerk on the second payro
each menth at the eurrent hourly rate of eaeh employee.
611.2 CALL OUTS
The City of Rexburg defines a call out as an employee being called to service a location outside of
their regularly scheduled shift. If a call out occurs within 30 minutes before the start of a regularly
scheduled work shift it is not considered a call out; these hours are part of the hours worked for
that day. park of the typieal work day and the total aetual hours worked that day will be paid.
i �� !�rr�n„ i � ter_ �!rsr_�� � ter_ r_ rr�� ■nr_� rs_T o !r-Mrrrsr:„ i N _10-p-r
-- - -- --: - : - I Wt -Mt. Ut 1 E -:. - -- -
When a call out comes to the Water, Wastewater and Street Department employee on call, the
employee must respond immediately. The employee must clock in when they arrive at the shop or
site, whichever is needed first. ewiee leeation. The empleyee will also be paid foF 30 minutes 0
travel tome per day. 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 to Water, Wastewater and Street
Department employees. and 1 hour t 4 employees. A call out ends when the employee
leaves the shop or site, whichever is last. ervice lecati If a call out last longer than the 2 hour
minimum, a 30 minute travel time benefit will be added to employees time.
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On -Call and Compensatory Time
If multiple call outs occur in a day, the call out pay will be subject to one 2 hour time allotment if
the employee is still in route or at the city premise working a prior call out. Time will be calculated
from the beginning of the first call to the end of the second call.Multiple call out pay is only allowed
if the employee has returned home and must leave home to take care of the additional call out.
To restate, a seeend ea" out wh*'e already working us considered a part of the original call out so
that an add't'ona' 2 ho does not apply-.- Tome will be calculated from the beginning of
the first ca" to the end of the seeend ea".
Only hours that are clocked in and out for c all out are hours worked therefore, 1{ sueh time is
overtime, then overtime pay rates sh-aH apply. (See the Overtime Compensation policy.)
MFD
MFD24 employees receive a minimum of 1 hour of work time for a call out.
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Pay Deductions and Set -Offs
612.1 PURPOSE AND SCOPE
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.
612.2 POLICY
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
705 Retirement Plans and Deferred Compensation [401(k)] Plan in 300 Benefit Programs)
to eligible employees as well as a Cafeteria Plan (see the Cafeteria Plan policy).
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. The preferred method to
contact the Payroll Clerk/Department is via email at payroll(a)rexburg.org
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
of the benefits that may be continued and of the terms, conditions, and limitations of such
continuance.
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Travel and Training Time
613.1 POLICY
All training must be pre -approved by the Department Head in order to receive reimbursement for
travel and other costs (see the Business Travel Expenses procedure), and time off of normal work
schedules. Employees may choose to pay for training on their own time.
Employees Covered Under Fair Labor Standards Act (FLSA): For non-exempt employees
covered under this Act, all time associated with training, including travel time, is considered work
time and will be compensated at the employee's normal hourly rate. Training time is general
compensable under the following conditions:
It is held during regular working hours
It is directed by the City or designee
It is related to the employee's current job
Travel time will not exceed one day while en route to or returning from training regardless of
mode of transportation. Should additional days for travel time need to exceed more than one,
prior approval from the department head is required. For Day Travel and Overnight Travel,
compensation will be based on the actual number of hours in traveling that day plus any hours
worked.
Overtime will only be paid when the total hours within a work period exceeds forty_(40) for general
employees and eighty (80) for Police 80 hour employees. Department heads or designees may
require employees to take time off in the same work period to av o id overtime.
Exempt Employees: Employees whose positions have been designated as exempt under the
FLSA will not be compensated beyond their normal salary for time spent attending training or
travel time associated with such training.
613.1.1 NON-MFD24 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.
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613.1.2 MFD24 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
10:OOPM of their scheduled shift, they will be compensated for the remainder of their shift without
having to work it.
613.2 TRAVEL PROCEDURES
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 the Standards of
Conduct for All Employees policy.
(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:
1. Breakfast - Depart prior to 8:00 am - 18% of the daily per diem rate.
2. Lunch - Depart prior to 12:00 noon and return after 2:00 pm - 26% of
3. per diem.
4. Dinner - Return after 6:00 p.m. - 56% of the daily per diem rate.
5. 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.
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Travel and Training Time
(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.
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 400 744- 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.
(g) INTERNATIONAL TRAVEL WITH CITY CELL PHONE: Employee must notify the
City's cell phone administrator to arrange for an international plan to be put on the
cell phone to avoid costly charges. Employee must do this at least 2 weeks prior to
International travel.
(h) TRAVELING WITH OTHER EMPLOYEES: All employees are expected to conduct
themselves professionally while representing the City of Rexburg and should avoid
inappropriate behavior of any kind. 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.
Incidental and miscellaneous expenses are reimbursable for official business transactions where
necessary to accomplish work or job tasks in the City's interests.
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Travel and Training Time
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.
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Travel Reimbursement Policy
614.1 PURPOSE AND SCOPE
The purpose of this policy is to set guidelines for submission and reimbursement of city travel -
related expenses. This policy applies to all employees and elected officials who incur travel
expenses on behalf of the City.
614.1.1 DEFINITIONS
Definitions related to this policy include:
Travel expenses - Eligible expenses for travel, lodging, meals, and registration fees associated
with participation in approved training programs, conventions, seminars, memorials, and other
events that relate to an employee's or elected official's responsibilities, training, and/or education,
or that serve a direct city purpose.
614.2 POLICY
It is the policy of the City to reimburse employees and elected officials for reasonable and
necessary work -related travel expenses.
614.3 RESPONSIBILITIES
Elected Officials, Department Heads and Division Managers: Are to ensure all travel -related
purchases are necessary for Official City business. Additionally, prudent judgment, within
budgetary restrictions, must be used when approving such costs. All are expected to choose the
most practical and economical travel provisions for an employee who is required to travel. Factors
to be considered include, but are not limited to:
• Cost of transportation, lodging, and meals
• Cost of traveling employee's time in transit
• Scheduling requirements
• Safety of the employee
Employees: While on official business are expected to exercise the same care in incurring
expenses and accomplishing the purposes of the travel that a conservative person would when
traveling on personal business. Employees are responsible for excess costs and any additional
Personal Expenses incurred as a result of personal preference or convenience. Examples of these
include, but are not limited to:
• Taking indirect routes of travel
• Causing intentional delays for personal reasons
• Choosing luxury lodging accommodations
• Choosing upgraded flight accommodations
• Taking non -employees on official trips
• Using a more expensive mode of travel
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Travel Reimbursement Policy
If an employee decides for personal reasons or personal convenience not to use the travel
provisions chosen by the department manager or designee, the employee will be reimbursed only
up to t he lower cost option.
614.4 EXPENSE GUIDELINES
614.4.1 TRANSPORTATION
All travel should be by the most cost-effective means possible, considering distance, location,
and type. The City requires that employees traveling to the same conference, training, etc.
travel in the same vehicle. Department Heads, or designees, may approve an employee to travel
separately; however, the justification must be documented and attached to the employees' travel
reimbursement form and should not result in additional costs to the City. For example, employees
may be attending different days of the same conference, training, etc. and the cost of additional
nights hotel stay would exceed the cost of a second vehicle.
The following forms of travel should be considered:
(a) City vehicle
When using a city vehicle, the fuel, tolls, and reasonable parking expenses (e.g.,
valet should not be used unless there is no other option) will be reimbursed.
(b) Private vehicle
When using a private vehicle, reimbursement will be at the current IRS mileage
rate.
(c) Rental vehicle, train, and air
Employees or elected officials should obtain approval from the Mayor or the
authorized designee before booking a rental vehicle, train fare, or airfare.
2. Full reimbursement may not be approved if the employee or elected official does
not obtain advance approval and/or does not purchase the most economical
fare.
Air Transportation: All employees on official City business must fly "coach" however,
an employee may upgrade their seat ant their own expense.
The City will pay for one checked bag. If additional bags are required,
documentation mus - t - be attached to the request indicating the need, and
approval by the Department Head or designee.
Weekend Stays: Department Heads or designees may approve weekend stays
if it saves the City money. A written comparison must be submitted with the travel
request form.
614.4.2 ACCOMMODATIONS
If travel requires the employee or elected official to stay overnight, the employee or elected official
should arrange lodging and request approval from the Mayor or the authorized designee before
departure.
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Travel Reimbursement Policy
Lodging should be at or near the event at standard rates. Employees or elected officials
should make all reasonable efforts to get the best rates possible, including researching whether
government rates are available and whether tax-exempt certificates are accepted or assignments
of rights to refund are provided. Employees or elected officials are expected to take reasonable
steps to provide or obtain the forms for tax exemption, when applicable, and submit the forms to
the City in a timely manner.
614.4.3 MEALS
Employees or elected officials traveling on city business may choose meal cost reimbursement
according to the terms and conditions as established by the City.
• Meals for travel shall be reimbursed accordina to the followina schedule:
Breakfast 18% - Depart prior to 8:00 am
Lunch 26% - Depart prior to 12:00 noon and return after 2:00 pm
Dinner 56% - Return after 6:00 pm
Standard meal per diem for most of Idaho is $59 per day.lf per diem rate for travel location is different, look up
rate here: https://www.gsa.gov/portal/category/100120. _ If the City Is not specifically listed, the
standard rate of $59 per day should be used.
614.4.4 PROHIBITED EXPENSES
Expenses not eligible for reimbursement include but are not limited to:
(a) Expenses for any non -employee or non -elected official.
(b) Non -business -related telephone calls.
(c) Entertainment expenses unless pre -approved by the Mayor or the authorized
designee, or if it is part of a program for all conference or convention attendees.
(d) Alcoholic beverages.
(e) Outside meals if the conference/event lodging reservation includes a meal package.
(f) Any travel -related expense that is covered by another source.
614.5 APPROVALS
All travel should be pre -approved by the Mayor or the authorized designee. Once travel has
been completed, the employee or elected official should submit requests for travel expense
reimbursement:
(a) To the Mayor or the authorized designee for review and approval as soon as
practicable, but no later than 14 days after completion of travel.
(b) On a city form. The form should contain a statement that the expenses were incurred
by the traveler as necessary for the performance of official duties and shall be verified
by a written declaration that all information is true and correct.
(c) With an attached receipt or other documentation of the expense.
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Travel Reimbursement Policy
Upon receipt of a request for reimbursement, the Mayor or the authorized designee should
review and process the request as appropriate. If additional information is needed to process the
request, the employee should be given an opportunity to provide the information. If a request for
reimbursement is denied, the reason for the denial should be provided in writing, and the employee
should have an opportunity to respond.
If an employee fails to follow the required processes and obtain appropriate approvals,
reimbursement of travel expenses may be denied.
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Chapter 7 - Benefits
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Benefit Eligibility
700.1 BENEFIT ELIGIBILITY
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 wellbeing. The City will continually monitor and review these benefit areas.
BENEFIT
WHEN ELIGIBLE TO
PARTICIPATE
DEDUCTION 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
Insurance
Immediate
None
Accident Insurance
Immediate
none
Long Term Disability Insurance
Immediate
None
RETIREMENTS
Social Security
Immediate
Immediate
Public Employee Retirement
System*
Immediate
Immediate
Deferred Compensation Plan
[401(k)]*
After 6 months of service and 21
years of age at enrollment date
Next payday participation or next
quarter if elect not to enroll at
enrollment date
Unused Sick Leave Bank & Post
Employment Health Plan*
Upon obtaining excess unused
sick leave
None
OTHER
Cafeteria Plan* Flexible
Spending, Dependent Daycare
After 6 months of service and
over 1000 hours and 21 years of
age
Next payday after starting
participation
Health Reimbursement
Regular Full -Time Employees
None
*Temporary or Part-time employees are generally not eligible for these benef its, unless required
by law.
The City CANNOT guarantee that all benefits will be continued.
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Insurance - Life, Medical, Dental, Vision,
Supplemental
701.1 PURPOSE AND SCOPE
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, VISION AND DENTAL INSURANCE is provided for all full-time employees and
dependents. Summary of Benefits explaining the scope of coverage and claim forms are available
from the Human Resource Department or online at Rexburg.org under the employee portal. All
employees covered on the insurance plan are required to report potential claims promptly to the
insurance company and to supply supporting documentation when required. Certain employee
participation in premiums is required. For more information, contact the Human Resource
Department.
SUPPLEMENTAL
Long -Term Disability insurance is provided for all full-time employees. Summary of Benefits
explaining the scope of coverage and claim forms are availab I e from the Human Resource
Department or online at rexburg.org under t he eh employee portal.
Accident Insurance is provided for all full-time employees and dependents. Summary of Benefits
explaining the scope of coverage and claim forms are availab I e from the Human Resource
Department or online at rexburg.org under the teh employee portal.
VOLUNTARY ADDITIONAL BENEFITS
Additional benefits are available to City employees on a voluntary participation basis. See
supplemental employee paid benefits at rexburg.org under the employee portal.
701.2 POLICY
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
"copayment". 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 COBRA (See the Benefits Continuation -
COBRA policy).
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Health Reimbursement Account HRA VEBA
702.1 PURPOSE AND SCOPE
702.2 POLICY
Participating Employee Groups
1. Employees who are scheduled to work 30 or more hours per week who are enrolled
on the City's medical plan_ NOTE: No health rns can be paid until
an employee has separated / terminated employment with the Ge
2. City Council Members who are enrolled on the City's medical plan — NOTE: Council
Members cannot use their HRA VEBA for health insurance premiums while on the
Council.
3. Terminated/Retired Employee and former Council Members who have positive
account balances in the HRA VEBA Standard Plan and/or HRA VEBA Post -Separation
Plan for which they have met eligibility requirements can use their HRA for any
qualified out-of-pocket expense and health insurance premium.
702.3 HRA VEBA STANDARD HRA PLAN
1. In order to receive contributions from the employer into this account, the employee/
council member and their spouse must have completed a wellness exam and
submitted the required Health Qualifying Form in the previous calendar year to our
health insurance provider.
2. Beginning january 2020, the Contributions into employee accounts will occur on
January 1 st for a total of $850 if the employee or council member completed a wellness
exam and submitted the required Health Qualifying Form in the previous calendar
year.
(a) Using the criteria above, the employee/council members spouse is also eligible
for the $850 contribution.
(b) Using the criteria above, employees/council members enrolled on the City's
medical plan as "Employee with Child (ren) will receive an additional $850
contribution.
3. Beginning january , On July 1st of each year, employees and council members
and their spouses may be eligible to receive an additional $850 contribution into
employee accounts if they have completed a wellness exam and submitted the
required Health Qualifying Form in the previous calendar year to our health insurance
provider and participated in health coaching during the prior year as a candidate
identified by our health provider. In 2020, candidates that failed to engage On health
coaching On 2019 will not be penalized and will receive the $850 contribution Of they
completed a wellness exarn and submitted the required Health Qualifying Form On the
ilendar year to our health insurance p-revuder.
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(a) Using the criteria above, the employee/council members spouse is also eligible
for the $850 contribution.
(b) Employees/council members enrolled on the City's medical plan, as "Employee
with Child (ren) will receive an additional $850 contribution
4. If a qualifying employee is hired after January 1, is enrolled on the City's medical
plan, and completes the criteria above, they will receive a pro -rated HRA contribution
(50% upon completing requirements and 50% in July) based on their hire date
and the number of months the employee will have worked for the City in the plan
year.Below is a summary of the potential contribution into employee accounts if all of
the requirements described above are met:
Health Coverage
January Contribution
July Contribution
Total
Single
$ 850
$ 850
$ 1,700
Couple
$ 1,700
$ 1,700
$ 3,400
Employee/Child
$ 1,700
$ 1,700
$ 3,400
Employee/Children
$ 1,700
$ 1,700
$ 3,400
Family
$1,700
$1,700
$3,400
702.4 HRA VEBA POST -SEPARATION HRA PLAN
All additional, unused, accumulated sick leave above 480 hours for each employee
(above 672 hours for MFD24 department employees), after the first 2 days are
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 HRA VEBA Post -separation HRA Plan
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
account 35% of their unused Sick Leave of the first 480 hours (672 hours for MFD24
department employees) plus 35% of any Sick Leave Bank balance.
2. The balance in the employee's 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.
3. To promote longevity, this benefit is available only to employees who obtain one of
the following requirements:
(a) 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.
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(b) They meet the age requirements of a PERSI Service Retirement.
(c) The employee is terminated without cause.
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. (See 404 Sock Leave Bank)�
702.4.1 FEES
A monthly fee plus an annualized asset -based fee is charged to participant accounts. The monthly
fee is waived if a participant account balance is over $5,000. In addition, an asset -based fee
discount is applied to any portion of a participant account balance in excess of $10,000.
To the extent permitted or required by law, certain fees, assessments, or other amounts payable to
the federal government may also be deducted from your account. Investment fund manager and
other fees may vary by fund. To view these fees, please refer to the Investm ent Fund Overview.
Go to www.hraveba.org and click on Investments to get a current copy."
702.4.2 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.
702.4.3 BOTH SPOUSES WORK FOR THE CITY
Only one spouse can elect to carry insurance and will be responsible for employee share of
premiums.
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Insurance Cost Reimbursement
703.1 POLICY
The City shall provide health, dental and vision 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 only regular full-time employees 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, dental and vision insurance
premiums. There will not be a deduction if this is a negative amount. 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 or the Human Resources Department.
The City shall reimburse the employee in their regular biweekly pay check. 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.
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Workers' Compensation Insurance
704.1 PURPOSE AND SCOPE
The City provides a comprehensive workers' compensation insurance program at no cost to
employees. Workers compensation is a no-fault insurance that provides medical treatment and
partial loss of wage compensation for covered workers whose injury or illness arose out of and
in the course of employment.
704.2 POLICY
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 First Report
of Injury (FROI) with the Human Resource Department as soon as practical, 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 ensure 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 practical
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. All light duty offers must be approved by the Human
Resource Department. 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, the employee will need to
offset leave with usage of sick or vacation leave. Once the employee receives reimbursement for
lost time payment from the workers compensation carrier the prorated amount will be credited
back to the employees appropriate leave banks. If the employee has no paid leave available
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Workers' Compensation Insurance
they will only receive the amount paid by the workers comp insurance carrier. The employee is
required to provide a copy of the check or other proof of payment to the Payroll Clerk as soon
as is practical to receive credit to leave banks. Family medical leave will work in conjunction with
workers compensation leave. (See 400 Leaves of Absence).
MFD24 employees and all MFD employees "in line of duty" are excluded from the reduction
of sick or
vacation leave when they are off work due to a workers compensation claim. MFD24
Employees:
The Employer agrees to coordinate with Workers' Compensation Insurance to provide one
hundred percent (100% ) of base salary for all job -related injury or illness time loss. The employee
shall continue to accrue sick leave and vacation time, and receive all benefits while receiving
Workers' Compensation time loss benefits.
Whenever a full-time employee is unable to perform the duties assigned as a result of a "line
of duty" 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. 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 care provider with respect to the condition. The employee must provide a
medical release to the Chief or the Chief 's designee 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 aff ect the existing vacation, sick leave or other benefit accrual
as previously agreed to or provided for by this Agreement or by past practices of management.
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Retirement Plans and Deferred Compensation
401(k) Plan
705.1 PURPOSE AND SCOPE
705.2 POLICY
705.3 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 have attained age 21 and completed six (6) months of service.
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. Once an employee becomes eligible
initially, they can enroll on the first pay day of the following month.
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.
705.3.1 DEFERRED COMPENSATION 401(K) LOAN PROGRAM
The City of Rexburg 401(k) Plan has a loan provision to assist plan participants in accessing
funds to meet certain immediate and heavy financial needs. Please refer to the summary plan
description for loan process details. You may access this document on the employee portal or
from the Human Resource Department or Payroll Clerk.
705.4 SOCIAL SECURITY
The City will match an employee's contributions to the federal Social Security system.lf you
have any questions about your coverage, you are encouraged to contact the Human Resource
Department.
705.5 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.
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705.6 SICK LEAVE BANK
See Sick Leave Bank policy 804 for a description of this benefit at retirement.
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Cafeteria Plan
706.1 PURPOSE AND SCOPE
706.2 POLICY
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), dependent care expenses, and medical, dental and some supplemental
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 summary plan document from the Payroll Clerk or Human Resource department.
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Benefits Continuation - COBRA
707.1 PURPOSE AND SCOPE
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.
707.2 POLICY
Under COBRA, the employee or beneficiary pays the full cost of coverage at the City's group rates
plus an administration fee.
The third party administrator 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.
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Recreation and Wellness Benefits
708.1 POLICY
Eligible Employees & Family Members:
These benefits are only available to employees who are regular full-time or 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.
Benefit Reimbursement:
It is the responsibility of the eligible employees to pay the full cost for each of the activities
below at the time of purchase. In order to be reimbursed for the benefit portion, the employee
will be responsible to submit a "Recreation Benefit Reimbursement Form" and a receipt of
payment electronically to the Payroll Clerk in the Finance Department. The reimbursement
will be provided on the next available payroll date as a taxable event as per IRS Guidance
found in Publication 15. These benefits will be charged to each employee's departmental
budget under the object code 4290.
City Recreation Program/Event Benefit Policy:
Each eligible employee and family member is given up to $150 in activity fees per calendar
year (reimbursements are accumulated in the year the program occurs). Rexburg Races,
and Cultural Arts activities are included as part of this benefit.
708.1.1 PARK SHELTER/ZONE RESERVATION
Each eligible employee will also be able to use any of their family member's $150 recreation
activity fee allowance to reserve a park shelter. The limit will be one reservation per family per
year ($45 0 maximum benefit).
708.1.2 CITY CAROUSEL BENEFIT
Each eligible employee will also be able to use any of their family member's $150 recreation activity
fee allowance to purchase a $2 30 "Family Carousel Season Pass." This pass can be requested on
a Recreation Benefit Reimbursement Form. The payment for the pass will be deducted from your
net payroll check at the same time the taxable reimbursement is made. In addition to the eligible
family members, an employee may also use the pass for their grandchildren, great grandchildren,
nieces, or nephews, as long as the employee or their spouse is present.
708.1.3 GOLF BENEFIT
The City will reimburse half of the cost of green fee golf coupons (punch passes) or green fee golf
season passes purchased by an eligible employee or their eligible immediate family members.
Golf coupons may only be used by eligible employees or family members.
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708.1.4 GYM AND FITNESS CENTER BENEFIT
The City will pay $20 per month for the employee and/or spouse who sign up for membership in
a gym or fitness facility. In order to receive this benefit, the employee will be required to provide
proof of contract with the Facility Provider to the Payroll Clerk. It will be the responsibility of the
employee to notify the Payroll Clerk if the employee or spouse cancels their membership. The
Finance Department may request proof of a current contract at any time and if it is discovered
the employee has received reimbursement benefits when they were not signed up at a facility,
it will be the responsibility of the employee to pay back all such benefits received in error. This
benefit may be reimbursed annually as well if a one year contract and proof of payment to the
facility is provided.
708.1.5 BICYCLE OR WALKING COMMUTER BENEFIT
The City will pay to each employee $25 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 pay each employee $25 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. These benefits are taxable per IRS code. The employee must certify to the
Payroll Clerk that they have either ridden their bicycle or walked on at least 60% of the work days
for that month to receive this benefit.
708.1.6 AQUATIC CENTER
Each eligible employee will be able to use any of their family member's $150 recreation activity
fee allowance to purchase a 10-punch pass. The limit will be one ten punch pass per family per
year. The eligible employees and family members may use their $150 recreation activity fee to
purchase a season pass as well.
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Retirement Celebration Policy
709.1 OVERVIEW
The City of Rexburg understands that valuing employees and recognizing their commitment to
our organization and community adds value to the overall morale of our team. At the same time,
our organization is accountable for ensuring the appropriate use of all city funds. Therefore, the
following guidelines must be adhered to for all employee retirement celebrations.
709.2 GENERAL GUIDELINES
The specifics of all retirement celebrations must be presented to the retiree's
department head before any planning or purchasing has begun. The planning
responsibility will be that of the retiree's immediate supervisor. Supervisors can reach
out to fellow employees such as the HR director or the public works assistant for
assistance with preparations.
Celebrations should be kept to a maximum of 2 hours and may be held at any
appropriate city facility such as the city hall council chambers, city park pavilions, etc.
Those participating in the planning of the celebration are required to make necessary
reservations at least 2 weeks before the event to ensure there is no interruption of
regular city work happenings. If celebrations are held during work hours, supervisors
are responsible for ensuring adequate staffing to conduct normal business for their
department.
• Funds for retirement celebrations and gifting apply only to active employees who have
been continuously employed with the City of Rexburg for at least 5 years.
• The costs of refreshments, activities, catering, supplies, etc. will be paid by the city
and must not exceed or disrupt funds appropriated in the supply budget of the retirees'
department for the fiscal year for which the celebration is scheduled. Menu selection
should be reasonable and moderate.
• City-wide invitations may be considered appropriate for long-term service employees
but ultimately the degree of incorporation will be left to the discretion of the employee's
immediate supervisor and those planning the event. The retiree's immediate family
may be invited. All occupancy maximums for the facility which is being utilized must
be adhered to.
• City of Rexburg employees are awarded a longevity bonus annually. The pre -assigned
longevity funds for the number of years served by the employee being celebrated at
the time of the event will determine the expenditures available for obtaining a gift.
Those involved with planning may contact the HR department to access the amount
available. All gifts must be preapproved by the department head before purchasing.
• Unless exceptions have been pre -granted by the mayor all guidelines mentioned must
be followed in the event of the celebration of an active City of Rexburg employee.
• Alcohol is not allowed.
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Chapter 8 - Leaves of Absence
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Family and Medical Leave
800.1 PURPOSE AND SCOPE
The purpose of this policy is to provide general guidance for managing unpaid leave for eligible
employees for qualified medical and family reasons, including (29 USC § 2612):
• The birth, adoption, or foster care placement of a child.
• To care for an immediate family member (spouse, child, or parent) with a serious
health condition.
• When an employee is unable to work because of the employee's own serious health
condition.
• To care for a spouse, son, daughter, parent, or next of kin who is a service member
of the United States Armed Forces and who has a serious injury or illness incurred
in the line of duty.
This policy does not address all possible situations and circumstances that may arise when
an employee requests leave for family or medical reasons. As these leave situations arise,
supervisors should consult with th-e- Human Resources to obtain specific
guidance regarding leave rights and obligations.
Nothing in this policy supersedes any provision of any employment agreement, civil service or
other local rule, or any law that provides greater family or medical leave rights.
800.1.1 DEFINITIONS
Definitions related to this policy include:
Child - A child under 18 years of age, or 18 years of age or older who is incapable of self -care
because of a mental or physical disability (29 USC § 2611; 29 CFR 825.102; 29 CFR 825.122).
An employee's child is one for whom the employee has actual day-to-day responsibility for care
and includes a biological, adopted, or foster child; stepchild; or a child for whom the employee is
standing in loco parentis (in place of a parent).
FMLA - The federal Family and Medical Leave Act (29 USC § 2601 et seq.).
Qualified health care professional - A physician, surgeon, doctor of osteopathy, podiatrist,
dentist, psychologist, optometrist, nurse practitioner, nurse midwife, clinical social worker, or
physician assistant duly licensed and authorized to practice medicine; chiropractors for some
purposes; any health care provider from whom the city benefits plan will accept certification of the
existence of a serious health condition to substantiate a claim for benefits (29 CFR 825.125).
Spouse - The person with whom an employee has entered into a marriage defined or recognized
by the location in which the marriage was entered into (29 USC § 2611(13); 29 CFR 825.102;
29 CFR 825.122).
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800.2 POLICY
It is the policy of the City to manage unpaid leave for eligible employees for qualified medical and
family reasons in compliance with federal law and any applicable employment agreement.
800.3 ELIGIBLE EMPLOYEES
Employees are eligible for FMLA after working for the City for at least one year and completing
1,250 hours over the 12 months prior to the commencement of the leave (29 USC § 2611; 29 CFR
825.110). Employees may not be eligible for leave if there are fewer than 50 other employees
within 75 miles of the employee's work site.
800.4 TYPE AND DURATION OF LEAVE
Generally, eligible employees are entitled under FMLA to 12 workweeks of unpaid leave during
a 12-month period (29 USC § 2612; 29 CFR 825.100). Up to 26 weeks of unpaid leave during
a single 12-month period may be available to care for certain injured military service members.
The 12-month period is measured backward from the date leave is taken and continuously with
each additional leave day taken.
800.4.1 SERIOUS HEALTH CONDITIONS
Eligible employees may take up to 12 weeks of leave to care for a spouse, child, or parent with a
serious health condition or when the employee is unable to work because of the employee's own
serious health condition (29 USC § 2612(a)(1); 29 CFR 825.200).
If both spouses are employed by the City, the combined number of workweeks to care for a
sick parent is limited to 12 workweeks during any 12-month period (29 USC § 2612(f); 29 CFR
825.201).
Generally, a serious health condition is an illness, injury, impairment, or physical or mental
condition that involves (29 USC § 2611; 29 CFR 825.113):
• An overnight stay in a hospital, hospice, or residential medical care facility (29 CFR
825.114).
• Continuing treatment by a qualified health care professional due to a serious health
condition of more than three full consecutive calendar days (29 CFR 825.115(a)).
• Any period of incapacity due to pregnancy complications or prenatal care (29 CFR
825.115(b)).
• A chronic condition that requires treatment (29 CFR 825.115(c)).
• A permanent condition for which treatment may not be effective (such as Alzheimer's
or the terminal stages of a disease) (29 CFR 825.115(d)).
• Any period of absence to receive multiple treatments, including any recovery period,
either for restorative surgery after an accident or other injury, or for a condition that
would likely result in a period of incapacity of more than three consecutive calendar
days without medical intervention or treatment (such as cancer chemotherapy or
physical therapy for arthritis) (29 CFR 825.115(e)).
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Family and Medical Leave
800.4.2 BIRTH OR PLACEMENT OF A CHILD
Eligible employees may take up to 12 weeks of leave for the birth, adoption, or foster care
placement of a child of the employee (29 USC § 2612; 29 CFR 825.200). The leave must be
concluded within one year of the birth or placement of the child (29 CFR 825.120; 29 CFR
825.121).
If both parents are employed by the City, the combined number of workweeks of leave is limited to
12 workweeks during any 12-month period (29 USC § 2612(f); 29 CFR 825.120; 29 CFR 825.121).
800.4.3 MILITARY EXIGENCY LEAVE
Eligible employees may take service member leave of up to 12 weeks for qualifying exigencies
occurring because a spouse, child, or parent is on covered active duty or has been notified of an
impending order to active duty (29 USC § 2612(a)(1)(E); 29 CFR 825.200). This type of leave
is available to a family member of a person in the National Guard, Reserves, or members of
the regular Armed Forces deployed to a foreign country. Qualifying exigencies include (29 CFR
825.126):
• Addressing issues that arise from a short notice (seven or less days) deployment.
• Attending military events related to the active duty or call to duty.
• Attending family support or assistance programs.
• Making child care or educational arrangements or attending school activities arising
from active duty or a call to active duty.
• Making financial and legal arrangements.
• Spending time with a military member who is on short-term rest -and -recuperation
leave during a period of deployment.
• Attending post -deployment activities.
• Addressing issues that arise from the death of a military member, such as making
funeral arrangements.
• Caring for a military member's parent who is incapable of self -care, such as providing
care on an immediate -need basis or arranging for alternative care.
800.4.4 MILITARY CAREGIVER LEAVE
Eligible employees may take up to 26 weeks of leave in a single 12-month period to care for a
spouse, son, daughter, parent, or next of kin who has incurred an injury or illness in the line of
duty while on active duty in the Armed Forces, provided that such injury or illness may render the
family member medically unfit to perform work (29 USC § 2612; 29 CFR 825.200).
Military caregiver leave is also available to family members of covered veterans who were
members of the Armed Forces, including the National Guard or Reserves, at any point in the five
years preceding the date on which the veteran undergoes medical treatment, recuperation, or
therapy (29 USC § 2612; 29 CFR 825.127).
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Family and Medical Leave
During the single 12-month period, employees are entitled to no more than a combined total of 26
weeks of FMLA leave. In any case in which both spouses are employed by the City, the combined
number of workweeks of leave is limited to 26 workweeks during any 12-month period (29 USC
§ 2612(f); 29 CFR 825.127).
Service member FMLA leave runs concurrent with other leave entitlements provided under federal,
state, and local law. Where FMLA leave qualifies as both military caregiver leave and care for a
family member with a serious health condition, the leave will be designated as military caregiver
leave first.
800.4.5 INTERMITTENT LEAVE
An employee may take leave for the employee's own serious health condition, for the serious
health condition of the employee's spouse, child, or parent, or to care for a covered service
member with a serious injury or illness, intermittently or on a reduced schedule if medically
necessary, and if that medical need can best be accommodated by an intermittent schedule as
defined in federal law (29 USC § 2612(b); 29 CFR 825.202; 29 CFR 825.124).
Leave due to a military exigency may be taken on an intermittent or reduced leave schedule (29
CFR 825.202).
Intermittent leave for the birth, adoption, or foster care placement of a child is only available if
granted at the discretion of Human Resources the, unless the employee has a serious health
condition in connection with the birth or if the newborn child has a serious health condition (29
CFR 825.120; 29 CFR 825.121).
Intermittent leave for any employee shall be tracked and calculated.
800.4.6 PREGNANCY DISABILITY LEAVE
Pregnant employees who are disabled by pregnancy may be entitled to a disability leave in addition
to any FMLA leave. The duration of leave is dependent on the circumstances. Human Resources
The -shall defer to a pregnant employee's qualified health care professional in assessing the
employee's ability to work.
800.5 EMPLOYMENT BENEFITS WHILE ON LEAVE
While on leave, employees will continue to be covered by any group health insurance to the same
extent that coverage is provided while the employee is on the job (29 USC § 2614(c); 29 CFR
825.209). However, employees will not continue to be covered under non -health benefit plans.
Employees are responsible for any health plan employee contributions while on leave (29 CFR
825.210). Employee contribution rates are subject to any change in rates that occurs while the
employee is on leave. If an employee fails to return to work after the leave entitlement has been
exhausted or expires, the City may recover its share of health plan premiums for the entire leave
period unless the employee does not return because of the continuation, recurrence, or onset of
a serious health condition of the employee or the employee's family member that would entitle
the employee to leave, or because of circumstances beyond the employee's control (29 CFR
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825.213). The City may recover premiums through deduction from any sums (e.g., unpaid wages,
vacation pay).
Employees may not earn additional time off while on unpaid leave (In otherwords, 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)..
800.6 SUBSTITUTION OF PAID ACCRUED LEAVES
Subject to applicable employment agreements and civil service rules, employees are required to
exhaust all applicable paid accrued leave before taking unpaid leave. Paid accrued leave includes
vacation leave, sick leave, personal leave, and compensatory time earned in lieu of overtime,
pursuant to the Fair Labor Standards Act, during FMLA leave. Employees may not use paid
accrued leave to extend FMLA leave beyond 12 workweeks per year.
800.7 USE OF FMLA LEAVE
If an employee takes a leave of absence for any reason that is FMLA qualifying, the City may
designate that non-FMLA leave as running concurrently with the employee's 12-week FMLA leave
entitlement.
800.8 PROCEDURES
The following procedures will apply for all employees requesting leave under FMLA:
(a) When a leave is requested for a medical or other FMLA-related treatment appointment,
the employee must make a reasonable effort to schedule the appointment at a time
that minimizes disruption to city operations (29 USC § 2612; 29 CFR 825.302).
(b) An employee who wishes to take FMLA leave must provide the employee's supervisor
with 30 days' advanced notice when the leave is foreseeable or as soon as practicable
if the need for leave is not foreseeable (29 USC § 2612; 29 CFR 825.302; 29 CFR
825.303).
(c) At the time of the request, the employee must complete an FMLA request form.
Requests for medical leave shall be accompanied by a qualified health care professional
statement, including the date on which the serious health condition began and the estimated date
of return to work (29 USC § 2613; 29 CFR 825.302).
Once the leave is requested or designated by the City, the supervisor shall should forward the
request and any medical certifications to Human Resources the or the authorized designee and
ensure the employee is provided the necessary forms and FMLA information and required notices
within five business days (29 CFR 825.300).
Employees are required to provide medical certification of a qualified health care professional or
military documentation, if requested (29 CFR 825.305; 29 CFR 825.308; 29 CFR 825.309; 29
CFR 825.310).
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Employees shall be required to periodically report on their status and intent to return to work (29
USC § 2614; 29 CFR 825.311). This may assist in avoiding a delay in reinstatement when the
employee is ready to return to work.
Employees returning from a medical leave for the employee's own serious health condition will be
required to present medical verification from a qualified health care professional of the employee's
ability to return to work and a list of any restrictions that need to be accommodated (29 USC §
2614; 29 CFR 825.100; 29 CFR 825.312).
800.9 REINSTATEMENT FOLLOWING LEAVE
Generally, employees returning from FMLA leave within the qualified period will be restored to
their original job or to an equivalentjob with equivalent pay and benefits (but not seniority), unless
the employee would not otherwise have been employed at the time reinstatement is requested
(e.g., in the case of a layoff) (29 USC § 2614; 29 CFR 825.214; 29 CFR 825.216).
If the same position is no longer available, such as in a layoff, the employee will be entitled to
a position that is comparable in pay, job content, and promotional opportunities and geographic
location, if such a comparable position exists.
If upon return from leave an employee is unable to perform the essential functions of the job
because of a physical or mental disability, the supervisor should work with Human Resources
the to engage in an interactive process with the employee to identify
a potential reasonable accommodation.
After exhausting paid FMLA leave, non -paid leave will continue until the conclusion of the
protected 12- or 26-week time limit. Following the protected leave, Human Resources the - -or
the author,zed in consultation with the legal counsel will determine whether non-FMLA
leave should apply.
800.10 RESPONSIBILITY
The responsibilities of Human Resources the - or the authorized desig,nee include but are
not limited to (29 CFR 825.108; 29 CFR 825.110; 29 CFR 825.112; 29 CFR 825.300; 29 CFR
825.301):
(a) Attempting to determine whether an employee absence of four or more days may
qualify as FMLA leave.
(b) Determining if an employee is eligible for FMLA leave.
(c) Determining if leave is for an FMLA-qualifying reason.
(d) Granting or denying a request for FMLA leave and providing designation notice to the
employee within five business days of designation.
(e) Providing eligibility notice to the employee within five business days of the request for
FMLA leave or when acquiring knowledge that an employee's leave may be for FMLA.
1. If the employee is not eligible for FMLA leave, the notice must state at least one
reason why the employee is not eligible.
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(f) Providing a written rights and responsibilities notice each time the eligibility notice is
provided to an employee.
Human Resources The - or the authorized designee should work with legal counsel regarding
questions relating to leave or reinstatement from leave under this policy.
800.11 RECORDS
The City will maintain leave -related records as required by 29 CFR 825.500 for at least three years
and in compliance with the city's established records retention schedule.
Records and documents related to doctor certifications and other medical information created
for purposes of complying with FMLA and this policy shall be maintained as confidential medical
records in separate files from employee personnel files.
800.12 NOTICE TO EMPLOYEES
Human Resources The - or the authorized designee should ensure that a notice explaining
the FMLA's provisions and procedures is prominently posted in conspicuous places in the City
where it can be readily seen by all employees and applicants for employment. Electronic posting
is sufficient as long as the other posting requirements have been met as provided by 29 CFR
825.300 (29 CFR 825.300).
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Vacation
801.1 PURPOSE AND SCOPE
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:
801.2 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. On date of hire a prorated amount will be made
available to the end of the calendar year for new employees.
MFD24 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, MFD24 employees can
take vacation for the same number of sequential calendar days per year as any other employee.
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 Hiring Manager with the
Department Head (if applicable), Human Resources, and the Mayorshall have the option of
negotiating accruals. _ W- of granting an arneunt of years that are in lieu of longevity earned (even
hours,though those years were not worked for the city), for the purpose of calculating vacation
up to the equivalent of 5 extra years for certain employees with high 'eve's 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 Gity for more than five years. No other vacation may be awarded to
an employee, except per the sche below 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.
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Vacation
General employees may not have overtime in the same week they use vacation leave. Vacation
hours will need to be adjusted down until the week totals 40 hours. However, Police may claim
vacation leave and overtime in a pay period if they pick up other shift coverage during that pay
period and as long as the vacation is not at the end of the pay period
Upon termination of employment, employees will be paid for unused vacation time that has been
earned through the last day of work. All unearned vacation that was taken will be deducted from
the employee's final paycheck. See Section 809 below for exempt employee treatment of leave.
801.2.1 VACATION EARNING SCHEDULE - NON-MFD24 (MFD = MADISON FIRE
DEPARTMENT) EMPLOYEES
Years of Eligible Service
Monthly Accrual
Vacation Hours Per Year
Upon Initial Eligibility
6 hours
72 hours
After 1 year
8 hours
96 hours
After 5 years
10 hours
120 hours
After 10 years
12 hours
144 hours
After 15 years
13.333 hours
160 hours
After 20 years
14.667 hours
176 hours
After 25 years
16 hours
192 hours
After 30 years
17.333 hours
208 hours
801.2.2 VACATION EARNING SCHEDULE - MFD24 EMPLOYEES
Years of Eligible Service
Monthly Accrual
Vacation Hours Per Year
Upon Initial Eligibility
8.4 hours
100.8 hours
After 1 year
11.2 hours
134.4 hours
After 5 years
14 hours
168.0 hours
After 10 years
16.8 hours
201.6 hours
After 15 years
18.67 hours
224.0 hours
After 20 years
20.53 hours
246.4 hours
After 25 years
22.4 hours
268.8 hours
After 30 years
24.27 hours
291.2 hours
801.3 CASH OUT OR CARRYOVER
Employees may not carryover more than 80 hours of vacation time (112 for MFD24 employees)
into a new calendar year.
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Vacation
Any employee who accrues vacation may cash -out up to a total of 48 hours of vacation for
general and Police employees and 96 for MFD24 employees during December on the last two
payrolls of the calendar year. The employee must notify the payroll elerk In writing or with an
electronic form request of their intentions to cash out any vacation by three working days prio
to the December payroll dates. Employees cashing out vacation time must submit an electronic
vacation cashout form to Payroll. The vacation cashout form will open November 1st through
November 15th.
Any year end vacation balance over 80 hours (112 for MFD24 employees) will be lost.
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Holidays
802.1 PURPOSE AND SCOPE
802.2 POLICY
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)
• Juneteenth/Freedom Day (June 19)
• Independence Day (July 4)
• Labor Day (first Monday in September)
• Patriots Day/Emergency Services Day (September 11) for MFD and Police Employees
Only
• Veteran's Day (November 11)
• Thanksgiving (fourth Thursday in November)
• Day after Thanksgiving
• Christmas Eve (4 hours (5.6 hours for MFD24 Employees) of Holiday, but only when
it falls on a_ _Monday, Tuesday, Wednesday, or Thursday).
• Christmas (December 25)
• New Year's Eve (4 hours (5.6 hours for MFD24 Employees) of Holiday, but only when
it falls on a Monday, Tuesday, Wednesday, or Thursday).
All MFD24 employees, whether scheduled or not, shall receive in lieu of Holiday time of ten and
eight -tenths (10.8) hours of additional pay at the employee's base hourly rate on the second heck,
of -each month.
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 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. Holiday pay for
Christmas Eve and New Year's Eve will not be given if they fall on a Friday, Saturday, or Sunday.
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Holidays
The scheduled Office Hours for Christmas Eve and New Year's Eve that fall on a Monday,
Tuesday, Wednesday, or Thursday will be from 8 AM to 12 noon (Some Departments may vary
slightly in this schedule, for example, many Public Works departments choose to have scheduled
office hours from 7 AM to 11 AM).
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Sick Leave
803.1 PURPOSE AND SCOPE
This policy_ provides general guidance regarding the use and processing of sick leave. Additional
terms for the of use of sick leave for eligible employees may be covered in another applicable city
policy or employment agreement.
This policy is not intended to cover all types of sick leave. For example, employees may be entitled
to additional paid or unpaid leave for certain family and medical reasons as addressed in the
Family and Medical Leave Policy.
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.
803.2 POLICY
It is the policv of the citv to provide eliaible emplovees with a sick leave benefit.
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Sick Leave
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803.3 USE OF SICK LEAVE
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
parentsin-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.
Employees may not have overtime in the same week they use sick leave. Sick leave hours will
need to be adjusted down until the week totals 40 hours.
With the exception of MFD24 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. MFD24 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.
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Sick Leave
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. Sick
leave balances are not paid out at employee terminations.
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.
803.4 NOTIFICATION
Sick leave is intended to be used for qualified absences. Sick leave is not considered vacation.
Abuse of sick leave may result in discipline, denial of sick leave benefits, or both.
Employees on sick leave shall not engage in other employment or self-employment or participate
in any sport, hobby, recreational activity, or other activity that may impede recovery from the injury
or illness (see the Outside Employment Policy).
Qualified appointments should be scheduled during an employee's non -working hours when it is
reasonable to do so.
803.5 EXTENDED ABSENCE
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 will be used to supplement any payments that an employee is
eligible to receive from workers' compensation insurance. (MFD24 employees are excluded)The
combination of any such disability payments and sick leave benefits cannot exceed the employee's
normal weekly earnings.
When an employee is off work due to a workers' compensation claim, the employee will need to
offset leave with usage of sick or vacation leave. Once the employee receives reimbursement for
lost time payment from the workers compensation carrier the prorated amount will be credited
back to the employees appropriate leave banks. If the employee has no paid leave available
they will only receive the amount paid by the workers comp insurance carrier. The employee is
required to provide a copy of the check or other proof of payment to the Payroll Clerk as soon
as is practical to receive credit to leave banks. Family medical leave will work in conjunction
with workers compensation leave. MFD24 employees are excluded from the reduction of sick or
vacation leave when they are off work due to a workers compensation claim.
See Workers' Compensation Insurance policy.
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803.6 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include but are not limited to:
(a) Monitoring and regularly reviewing the attendance of employees to ensure that the
use of sick leave and absences is consistent with this policy.
(b) Attempting to determine whether an absence of four or more days may qualify as
family medical leave and consulting with legal counsel or the Mayor as appropriate.
(c) Addressing absences and sick leave use in the employee's performance evaluation
when excessive or unusual use has:
Negatively affected the employee's performance or ability to complete assigned
tasks.
Negatively affected city operations.
(d) When appropriate, counseling employees regarding excessive absences and/or
inappropriate use of sick leave.
(e) Referring eligible employees to an available employee assistance program when
appropriate.
(f) 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.
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Sick Leave Bank
804.1 PURPOSE AND SCOPE
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.
804.2 POLICY
The current policy states that all additional, unused, accumulated sick leave above 480 hours
for each employee (above 672 hours for MFD24 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
Separation Plan 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 VEBA/HRA
Post Separation Plan account 35% of their unused Sick Leave of the first 480 hours (672 hours
for MFD24 department employees) plus 35% of any Sick Leave Bank balance.
The balance in the employee's VEBA/HRA Post Separation Plan 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.
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.
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Sick Leave Bank
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.
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Sharing of Vacation and Sick Leave
805.1 PURPOSE AND SCOPE
805.2 POLICY
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 be expected to return to work
7. must have worked for the city for at least 6 months, and
8. must not receive more than their base salary during any work week where donated
leave is used, and
9. 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.
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Bereavement Leave
806.1 PURPOSE AND SCOPE
806.2 POLICY
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 (24 hours) of paid bereavement leave will be provided to regular full-time
non-MFD24 employees and introductory full-time employees. For MFD24 employees, 48 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, domestic partner, 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. Other relationships
may be considered upon approval of the Department Head and Human Resources Director
806.3 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.
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Jury Duty
807.1 PURPOSE AND SCOPE
The City encourages employees to fulfill their civic responsibilities by serving jury duty when
required.
807.2 POLICY
Regular full-time employees may receive up to 120 hours (168 hours for MFD24 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.
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.
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Witness Duty
808.1 PURPOSE AND SCOPE
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.
808.2 POLICY
Regular full-time employees will be granted a maximum of 40 hours (56 hours for MFD24
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.
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Military Leave
809.1 PURPOSE AND SCOPE
809.2 POLICY
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, in accordance with Idaho
Code §§ 46-407 and 409, and the Unif ormed Services Employment and Reemployment Rights
Act (USERRA).
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. The employee will still pay the
employee portion of insurance benefits.
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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Exempt Employee Treatment of Leave
810.1 PURPOSE AND SCOPE
Most Exempt Employees, and especially Department Heads, often have to work over 50 hours
per week in order to accomplish their responsibilities. Exempt employees 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.
810.2 POLICY
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 enter the
earned vacation day through the designated time keeping system submitdocumentation of that,
to the Human Resource Departm and receive an additional day of vacation for that day. This
time should only be worked with approval from the Mayor, or Department Head. A non-scheduled
day is not considered a day that you are required to work because of your job description, such
as a weekend event. In this instance you should manage your time over the course of the week
to compensate for the needed weekend work. This earned vacation will zero out at the end of the
calendar year in which it was earned. Exempt employees should use this vacation prior to using
their regular accrued vacation at the beginning of each year.
Because we are scheduled to work only the first Y2 days on Christmas Eves or New Year's Eves
that fall on Monday, Tuesday, Wednesday, or Thursday, exempt employees are not eligible to
accrue an earned vacation day on those dates unless they work the required time after 1:00 p.m.
on Vthose day-s. If an exempt employee does not work those respective dates, they are not
required to report vacation.
All Exempt employees should request for approval report any days off to through the a designated
time keeping system. Human Resource Department using the City Leave Report.
The Exempt employee must approve their used leave in the time keeping system. will le a
tongesheet, unless Fequested by the supervisor.
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Chapter 9 - Purchasing Rules
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Bidding Procedures
900.1 PROCEDURE
More Than 000 For any purchases of $5,000 or more, it is necessary to obtain
bids from three U different vendors whenever possible, except for parts and repairs
on eauipment and except in emeraencies. Exeer)`non: ^enstructmon work m v be
Purchases may not be split into parts in order to avoid havina 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 000 For
any purchases of $10.000 or more. the purchase order must be aaaroved by the Chief
Financial Officer or Mayor.
The bidding requirements are summarized below:
Bidding Requirements
Amount
Services & Personal
Property
IC 67-2806
Public Works Construction
Projects IC 67-2805
Under $5,000
None; give local preference,
None; give local preference,
except due to large price
difference approved by Mayor or
except due to large priced
difference approved by Mayor or
CFO.
CFO.
$5,000 - $15,000
3 oral or written quotes or bids i
Construction work may be
purchased without a bid with the
give local preference, except due
to large price difference approved
approval of the Public Works
by Mayor or CFO.
Director when time is of the
essence, the availability of
bidders is limited, and the cost is
less than $15,000
$15,001-$49,999
3 oral or written quotes
3 oral or written quotes
$50,000-$99,999
Semi -formal bidding: Issue
Semi -form bidding: Issue written
written requests for bids
describing goods or services
requests for bids describing
goods or services desired to at
desired to at least 3 vendors.
least 3 contractors. Allow 3 days
Allow 3 days for written response.
for written response. Objections
Objections must be submitted no
must be submitted no later than
later than 1 business day PRIOR
1 business day PRIOR to bid.
to bid. Accept low bid or reject
Accept low bid or reject all
all bids.
bids.
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Bidding Procedures
$100,000- $200,000
Formal Bidding: Publish bid 2x
Semi -formal bidding: Issue
at least 2 weeks in advance of bid
written requests for bids
describing goods or services
opening. Make bid specifications
available: written objections
desired to at least 3 contractors.
allowed. May request bid security/
Allow 3 days for written response.
bond: Can reject all bids IF able
Objections must be submitted no
to purchase more economically
later than 1 business day PRIOR
in the open market: Council
approval.
to bid. Accept low bid or reject
all bids. Council Approval.
Over $200,000
same as $100,0004200,000
Formal Bidding: 2 Options
Category A & B.
Category A - Open to
all licensed contractors.
Publication requirements 2x
at least 2 weeks in advance of
bid opening. Written objections
allow 3 business days PRIOR
to bid.
Category B - Open to pre -
qualified contractors. After pre -
qualification is determined, the
bidding process is done in the
same manner as Category A to
include filing objections. Council
Approval.
https:Hdbs.idaho.gov/programs/publicworks/publications/pwcl pamphl et.pdf
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Purchase Orders
901.1 PROCEDURE
All purchases made through the City, unless purchased through a Purchase Card (See Purchase
Card Program procedure) or through the payment of regularly occurring or pre -approved invoices
as set forth in Resolution No. 2008-01, such as power bills, should must have a purchase order
(P.O.) drawn up by the department or City Hall for which the purchase is being made, approved by
the department head, and a purchase order number obtained from City Hall or a designated staff
member. Purchase orders must be properly and accurately completed in order to ensure timely
processing. It is required that the P.O. number is included on the invoices received by vendors and
submitted by department designated employees for payment through the bill approval process.
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.
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Purchase Card Program
902.1 PURPOSE AND SCOPE
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.
902.2 PROCEDURE
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
employ ees.
902.3 ROLES AND RESPONSIBILITIES
CFO:
Administers card program city-wide.
° Receives information and reports from the bank.
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Purchase Card Program
As primary contact with the bank: orders, receives, and distributes cards,
assists in reporting lost or stolen cards, assists in potential fraud situations, and
communicates program problems.
Accounts Payable
Collects supporting documentation (charge slips, sales receipts, packing slips,
etc.) from cardholder, foreman or department head.
Loads the credit card transactions into the city software and workflow process for
purchase card holders and supervisors to attach receipts to, update descriptions,
and enter org/object codes to.
° 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 electronically 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 and agrees to the cardholder roles and responsibilities described in this
section when they take delivery of a purchase card. 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 and
contacts the fraud department for the vendor that issues the credit card..
° Purchases in accordance with this policy.
° Accepts delivery of and inspects purchased goods.
Documents all purchases with an electronically attached receipt, a transaction
description, and an org/object code for all items purchased, and submits it
electronically by the first business day of the following weekin the software
within 5 business days or by the deadline set forth by the Accounts Payable
Clerk once those transactions are loaded to the work flow that routes approved
transactions to Accounts Payable.
Review and approves each purchase
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Purchase Card Program
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.
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Purchases from Related Parties
903.1 PURPOSE AND SCOPE
It cannot be stressed stronger 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.
903.2 PROCEDURE
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.
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.
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Payment of Invoices
904.1 PROCEDURE
(a) 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.
(b) 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 Treasurer/Controller.
(c) 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 Finance Department.
(d) 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.
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Petty Cash Management
905.1 PURPOSE AND SCOPE
This policy provides for the establishment and administration of a city petty cash fund.
905.2 POLICY
The City will establish, administer, and maintain a petty cash fund according to this policy.
905.2.1 DEFINITIONS
Definitions related to this policy include:
Custodian - The individual designated by the Chief Financial Officer, or the authorized designee,
as having custody of and responsibility for maintaining the petty cash fund.
Petty cash fund - A reserve of money established to make small purchases when payment by
purchase order or voucher is not practical.
905.3 RESPONSIBILITIES
905.3.1 CUSTODIAN RESPONSIBILITIES
The Chief Financial Officer, or the authorized designee (City Controller), is responsible for
establishing and maintaining procedures for the operation of a petty cash fund consistent with
state and local law. The procedures should include but are not limited to:
(a) Designation of a petty cash custodian.
(b) Initial and replenishment fund amounts. The petty cash fund should not exceed the
amount established by the City. The current amount of the fund is $100.
(c) Maximum dollar amount for purchases is $20, unless approved by Chief Finance
Officer.
(d) A petty cash voucher should be used to issue cash to employees. The petty cash
vouchers should include space for the following information: A sample petty cash
voucher for use by employees to request cash from the custodian. The petty cash
vouchers should be sequentially nurnbeFed and include spaee for the following
. 0 atio
T
1. The date of the disbursement
2. The amount disbursed or reimbursed
3. The budget expense account
4. The vendor name
5. The signature of the employee receiving petty cash
(e) The purchase receipt should be attached to the cash voucher as soon as possible
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Petty Cash Management
(f) A petty cash ledger for use by the custodian. The ledger may be maintained
electronically or by hand and should require the following information for all
transactions:
1. The name of the employee receiving cash
2. The amount disbursed to the employee
3. The reason for the disbursement
4. The amount of any cash returned
5. The amount of any cash received to replenish the account_ A copy of any
purchase receipt
(g) The fund should be always kept in a safe spot. It should be stored in the city safe
after hours.
(h) The amount of the fund should be kept absolutely consistent by holding either cash or
vouchers that total the amount of the petty cash fund. During the process to replenish
the petty cash fund, the vouchers•with AP.
-
requirement- -- -- - provide - - -- -- reconciliation - --
. .. . . fund
transactions to the Ghuef Financial Office , whoeh the - Ghme Financial 0 should
--- review -- approve ---- - -- - -- -- - procedures before -- --
. . . . . .. .
replenishmentof -- petty cash nd-.
(i) A requirement that the petty cash fund be audited ..
the
designee - -- quarterly --- -- -- - - -- - - - - - - ---
authorized . . . . ... . .. . .
to the Ghnef Financial Office(j) Greation of disciplinary guidelines for situations where the custodian has violated this - - applicable procedures, - where -- employee - -- - have provided - -
.. . ... . .
nformation forpurpose of obtaining petty cash funds,including referral to
law
enforcement w--- the facts indicate that - crime may have occurred.
(k) Designation of a physical location for the petty cash fund. The fund Should be secured
the : ----
2. The -- -- should --- -- stored - - safe, -- - - drawer, cabinet,- -- -
offi. .. ... . . . . .. . .
3. The safe, securab'e drawer, eabonet, or locker should be an a securab'e room o
-- - restricted access.
905.3.2 PETTY CASH CUSTODIAN RESPONSIBILITIES
The custodian's responsibilities should include but are not limited to:
(a) Maintaining the fund according to this policy, petty cash procedures, and state and
local laws.
(b) Remaining familiar with applicable state and local laws relating to petty cash funds
and proposing related updates to procedures as necessary.
(c) Requesting replenishment funds from the Chief Financial Officer, or the authorized
designee, when the funds in the account fall below the established replenishment
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Petty Cash Management
amount or requesting funds needed to bring the fund back to the maximum allowable
amount.
(d) Receiving funds for replenishment only from funds approved and allocated from the
city accounts or from returned, unused funds properly issued to employees.
(e) Maintaining the petty cash ledger according to this policy and the petty cash
procedures.
(f) When someone other than the custodian will be handling the petty cash
fund, accounting for all petty cash and vouchers before transferring petty cash
responsibilities to the alternate custodian.
905.4 PETTY CASH VOUCHERS
The Chief Financial Officer or City Controller should maintain an appropriate stock of petty cash
vouchers and provide them to the custodian as requested.
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Chapter 10 - Facilities
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Key and Electronic Access Device Controls
1000.1 PURPOSE AND SCOPE
The control and accountability of keys is important to maintain a safe and secure environment for
employees and members of the public.
1000.1.1 DEFINITIONS
Definitions related to this policy include:
Key - All electronic or mechanical devices used to access or exit city buildings and facilities. It
includes proximity cards, key fobs, and other electronic access devices.
1000.2 POLICY
It is the policy of the City that all keys used to access local government buildings and facilities
are inventoried and controlled.
1000.3 KEY IDENTIFICATION
All keys that open any doors or locks to city buildings or facilities should be marked with unique
identification codes that will allow for quick inventory. Keys that are bundled together as a set
should be numbered or coded with a tag to identify that set and the number of keys on the ring.
The identifying numbers or codes on keys should not correspond to numbers/codes on locks.
A separate secure document identifying all keys will be maintained by the Mayor or the authorized
designee.
1000.4 KEY CONTROL
Keys may be issued to employees or accessed and checked out by authorized employees from
secure designated areas. Keys issued to or accessed and checked out by employees shall be
limited to only those keys necessary for the employee's position.
Employees shall not loan a key or key set to another person. All keys must be issued or checked
out through the control process. Employees shall not possess any key for which they have not
been authorized.
All keys issued or checked out to employees remain the property of the City. Employees shall
not duplicate, mark, alter, or manufacture any key without written authorization from the Mayor
or the authorized designee.
The Mayor or the authorized designee should regularly inventory all city keys.
1000.5 LOCK POLICY
All city buildings and facilities should be kept locked during non -operating hours. Employees shall
not leave public entrances to city buildings and facilities unlocked or propped open during non -
operating hours. Employees should never leave non-public entrances to city buildings and facilities
unlocked or propped open.
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1000.6 TESTING
The Mayor or the authorized designee should periodically test locks to doors and gates for proper
function and document the testing.
1000.7 EMERGENCY KEY SET
At least one key set containing every key for city buildings and facilities should be kept separate
from all of the other key sets in a secure location and made accessible only to the Mayor or the
authorized designee in the event of an emergency.
1000.8 MISSING KEYS
Any employee who discovers that a key or key set is missing shall report it to a supervisor as soon
as reasonably practicable. If a reasonable effort to locate the key fails, the supervisor shall notify
the Mayor or the authorized designee regarding the loss of the key, when it was discovered, and
the circumstances involved.
The Mayor or the authorized designee will determine whether to re -key any locks that may have
been compromised, and whether this should be done immediately.
1000.9 DAMAGED KEYS OR LOCKS
Malfunctioning or damaged keys or locks shall be promptly reported to a supervisor. No part of
a broken key should be left in the lock. All portions of the damaged key must be turned in to a
supervisor, who will provide a replacement key as needed. Damaged locks should be replaced or
repaired as soon as practicable. Appropriate security measures should be taken until such time
as the lock is properly restored.
1000.10 KEY CONTROL RECORDS
The Mayor or the authorized designee will maintain documentation for the accounting and security
of all keys and key sets. Key control measures should be documented by the designated employee
and the records retained in accordance with established records retention schedule.
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Public Safety Video Surveillance System
1001.1 PURPOSE AND SCOPE
This policy provides guidance for the placement and monitoring of city public safety video
surveillance, as well as the storage and release of the captured images.
1001.2 POLICY
The City operates a public safety video surveillance system to enhance public safety and security
in public areas. Cameras may be placed in strategic locations to help safeguard against potential
threats to the public, to help manage emergency response situations during natural and man-
made disasters, and to assist city officials in providing services to the community.
Video surveillance in public areas will be conducted in a legal and ethical manner while recognizing
and protecting constitutional standards of privacy.
1001.3 OPERATIONAL GUIDELINES
Only city -approved video surveillance equipment shall be utilized. Employees authorized to
monitor video surveillance equipment should only monitor public areas and public activities where
no reasonable expectation of privacy exists. The Mayor or the authorized designee shall approve
all proposed locations for the use of video surveillance technology and should consult with and
be guided by legal counsel as necessary in making such determinations.
1001.3.1 PLACEMENT AND MONITORING
Camera placement will be guided by the underlying purpose or strategy associated with the overall
video surveillance plan. As appropriate, the Mayor or the authorized designee should confer with
any appropriate city and designated community groups when evaluating camera placement.
Environmental factors, including lighting, location of buildings, and presence of vegetation or other
obstructions, should also be evaluated when determining placement.
Cameras should only record video images and not sound. The public safety video surveillance
system may be useful for the following purposes:
(a) To prevent, deter, and identify criminal activity.
(b) To respond to critical incidents.
(c) To augment resources in a cost-effective manner.
(d) To monitor pedestrian and vehicle traffic activity.
Images from each camera should be recorded in a manner consistent with the underlying purpose
of the particular camera. When activity warranting further investigation is reported or detected
at any camera location, the available information should be preserved and the appropriate city
should be notified in a timely manner.
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The Mayor or the authorized designee may authorize video feeds from the public safety video
surveillance system to be forwarded to a specified location for monitoring by law enforcement,
government agencies, road or traffic crews, or fire or emergency operations personnel.
Unauthorized recording, viewing, reproduction, dissemination, or retention of anything
documented by public safety surveillance equipment is prohibited.
1001.3.2 INTEGRATION WITH OTHER TECHNOLOGY
The City may elect to integrate its public safety video surveillance system with other technology to
enhance available information. Integration with video -based analytical systems may be considered
based upon availability and the nature of the surveillance strategy.
The City should evaluate the availability and propriety of networking or otherwise collaborating
with appropriate private sector entities and should evaluate whether the use of certain camera
systems requires additional safeguards.
1001.4 VIDEO SUPERVISION
Supervisors should monitor video surveillance access and usage to ensure employees follow
city policy and applicable laws. Supervisors should ensure such use and access is appropriately
documented.
1001.4.1 PROHIBITED ACTIVITY
Public safety video surveillance systems will not intentionally be used to invade the privacy of
individuals or observe areas where a reasonable expectation of privacy exists.
Public safety video surveillance equipment shall not be used in an unequal or discriminatory
manner and shall not target individuals or groups based solely on actual or perceived
characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender
identity or expression, economic status, age, cultural group, or disability.
Video surveillance equipment shall not be used to harass, intimidate, or discriminate against any
individual or group.
1001.5 STORAGE AND RETENTION OF MEDIA
All downloaded media shall be stored in a secure area with access restricted to authorized
persons. All actions taken with respect to preservation or retention of media shall be appropriately
documented.
The type of video surveillance technology employed and the manner in which recordings are
used and stored will affect retention periods. The recordings should be stored and retained in
accordance with this policy and the established records retention schedule.
1001.5.1 EVIDENTIARY INTEGRITY
Any recording that has been identified as evidence, or that could be relevant to pending or
reasonably anticipated investigations or legal action, shall be preserved in a manner that retains
its original content.
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1001.6 RELEASE OF VIDEO IMAGES
All recorded video images gathered by the public safety video surveillance equipment are for the
official use of the City.
Requests for recorded video images from the public or the media shall be processed in the same
manner as requests for public records.
Requests for recorded images from other government entities shall be referred to the City Clerk
and signed off by the City Attorney.
Recorded video images that are the subject of a court order or subpoena shall be processed in
accordance with the established city subpoena process.
1001.7 VIDEO SURVEILLANCE AUDIT
The Mayor or the authorized designee will conduct an annual review of the public safety video
surveillance system. The review should include an analysis of the cost, benefit, and effectiveness
of the system, including any public safety issues that were effectively addressed and any systemic
operational or administrative issues that were identified, including those related to training,
discipline, or policy.
The results of each review shall be appropriately documented and maintained by the Mayor or
the authorized designee and other applicable advisory bodies. Any recommendations for training
or policy should be promptly addressed.
1001.8 TRAINING
All city employees authorized to operate or access public safety video surveillance systems should
receive appropriate training. Training should include guidance on the use of cameras and a review
of relevant policies and procedures. Training should also address state and federal law related to
the use of video surveillance equipment and privacy.
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Use of Public Facilities
1002.1 PURPOSE AND SCOPE
This policy provides guidance regarding the permitting process for the use of city facilities by
members of the public.
This policy does not apply to spontaneous expressive activities such as demonstrations or to
expressive activities of groups of fewer than 50 people. Nor does it apply to other gatherings
of fewer than 50 persons when the city head has developed appropriate nondiscriminatory
application or request processes for the use of city facilities under the control of the city head.
1002.1.1 DEFINITIONS
Definitions related to this policy include:
Applicant - Any individual, group, or organization seeking approval to use city facilities.
Facilities - Any buildings, rooms, structures, sites, complexes, parks, roads, walkways, parking
areas, equipment, and other real or personal property owned or leased by the city that are made
available for use by the general public.
1002.2 POLICY
It is the policy of the City to make certain facilities available for public use in a fair and equitable
manner based on an established application and permitting process.
1002.3 PERMIT PROCESS
The Mayor or the authorized designee should develop, implement, and maintain a permitting
process for the use of city facilities. The process should include:
(a) A standardized application and reservation system.
(b) An application submittal period and review process.
(c) A method of communicating confirmations and denials of applications, as well as an
appeals process for denials.
(d) Permit forms for facility use.
(e) A fee schedule for facility use and for payment of deposits, balances due, and refunds.
(f) A nondiscriminatory process for establishing how much liability insurance will be
required from applicants.
(g) A process for making changes to existing reservations and for cancellations.
(h) The designation of city employees responsible for enforcing permit terms.
(i) Rules and regulations for facility use (e.g., cleaning, smoking/vaping, alcohol use, food
and beverage sales or service, insurance coverage).
(j) A process for determining when free speech expression areas will be necessary and
a process for designation and monitoring of such areas, when used.
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The Mayor should also adopt and maintain city requirements related to facility use permits,
including duration of use, traffic control, and noise limitations.
1002.3.1 APPLICATION REVIEW
(a) The following should be considered when determining whether to grant or deny an
application for facility use:
1. The application should be complete and not contain false or misleading
information.
2. The activity or event should not pose unreasonable health or safety risks.
3. Appropriate ancillary facilities such as parking and sanitary facilities should be
available and adequate for the activity or event.
4. The activity or event should not pose an unreasonable risk of damage to city
facilities.
5. An application should be denied if the applicant has damaged city facilities in
the past and has failed to pay for the damages.
6. Adequate supervision and security personnel for the activity or event should be
provided by the applicant.
(b) When determining whether to grant or deny an application for facility use, the City
shall not consider an applicant's:
1. Actual or perceived classification or status protected by law, such as religion,
race, or gender identity or expression.
2. Political, social, or ideological beliefs.
3. Viewpoint, message, or program content and any anticipated response.
1002.3.2 PERMIT TERMS
Permits should contain the applicant's agreement to:
(a) Return the facilities to their original condition and assume responsibility for any
damage or loss sustained.
(b) Comply with all federal, state, and local laws, regulations, and ordinances, as well as
all permit requirements and conditions imposed by the City.
(c) Refrain from promoting, permitting, or engaging in illegal activity.
(d) Obtain a general liability insurance policy in the amount required naming the City
as an additional insured and identifying the policy as primary to the city's insurance
coverage.
(e) Make it clear to the public that the activity or event is the applicant's and that any
message is not endorsed or made by the City.
Permits should also contain notice to the permitee that failure to comply with permit terms may
result in enforcement action and denial of future applications.
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1002.4 DISTURBANCES OR CRIMINAL ACTIVITY
Non -law enforcement employees should not attempt to physically control a person or group that is
creating a disturbance or engaging in criminal activity on city property during a permitted activity
or event. Such instances, as well as unapproved demonstrations or acts of civil disobedience,
should be reported to law enforcement for handling.
1002.5 RECORDS
All records created and submitted during and related to the permitting process should be
maintained in accordance with the established records retention schedule.
1002.6 USE OF PUBLIC FACILITIES OR PUBLIC PROPERTY BY CITY EMPLOYEES
Employees shall not be allowed to live in public facilities or property for any length of time, and
no supervisor or Department Head shall have the authority to override this policy. Employees
shall not store vehicles or other personal - property in public facilities or property for any length
of time or utilize City utilities for maintaining personal stored property . of electric ears used
fe
eemmuting Employees shall not dump personal garbage in city owned dumpsters.
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Memorials on Public Property
1003.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance on the review and approval of city memorials
and the relocation, alteration, or removal of existing memorials on city property.
This policy addresses memorials established by the City and memorials requested or donated by
members of the public.
This policy does not apply to the following:
(a) Works of art that are not memorial or commemorative in nature
(b) Signage or plaques placed on city property for the purpose of acknowledging a donor
or sponsor
(c) Historical markers or placards that provide information to the public
Temporary displays on city property are addressed in the Holiday Displays and the Use of Public
Facilities policies.
1003.1.1 DEFINITIONS
Definitions related to this policy include:
Memorial - A permanent monument, museum, building, garden, plaque, sculpture, or the like
intended to commemorate or preserve the memory of a person, group, action, or event.
1003.2 POLICY
It is the policy of the City that memorials on city property be considered and approved pursuant
to this policy.
1003.3 RESPONSIBILITIES
The Mayor or the authorized designee should:
(a) Establish procedures for the submission, review, and approval of requests by
members of the public for new city memorials or for the removal, alteration, or
relocation of existing memorials. The procedures should include:
1. That all requests be submitted in writing.
2. For new memorials, that the request includes detailed information regarding the
form and substance of the proposed memorial, the proposed location, and the
proposed source of funding.
(a) The proposed memorial should be presented either in fully finished form
or in a model prior to final acceptance by the City.
3. For existing memorials, that the request includes the reason for the requested
removal, relocation, or alteration.
(a) Requests for relocation should identify the new proposed location.
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(b) Requests for alteration should detail the type and form of the proposed
alteration.
4. Review by any appropriate city.
5. The opportunity for input from members of the public.
6. The opportunity for the City to ask the requester for modifications to a proposed
memorial, relocation, or alteration consistent with this policy.
7. That any denial of a request be documented.
8. An appeal process to the Mayor or the governing body for application denials
or modification requests.
(b) Provide notice to members of the public making requests that:
1. For new memorials, the memorial becomes the property of the City upon
installation.
2. The City may deny any request after a review of the request under the
procedures established by this policy.
3. The City will make a final determination as to the location of all new or relocated
memorials within the City.
4. Existing memorials on city property do not establish a precedent for any future
approvals.
(c) Adopt and maintain additional city requirements relating to new memorials or the
removal, alteration, or relocation of existing memorials.
1. Requirements may include size, material quality, and appearance standards.
(d) Coordinate a process for the periodic review of existing memorials to consider
whether:
1. Relocation, alteration, or removal is appropriate. This process should include
the evaluation of the overall condition of the memorial and whether there are
any reasons to consider the relocation, alteration, or removal of the memorial.
2. Designation as a historic landmark or district under federal, state, or local laws
or guidelines is appropriate for any memorials.
(e) Create a list of all memorials within the City that includes the type of memorial, the
current location of the memorial, and any specific maintenance, safety, or access
information relevant to the memorial.
1003.4 CONSIDERATIONS FOR NEW MEMORIALS
The following criteria should be considered for all new memorials:
(a) The memorial should:
1. Support or promote the common history of the City, local culture, civic identity,
or mission of the City.
2. Be of historical or social significance.
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3. Be located in an area that is connected with the person or event being
commemorated.
4. Be compatible with the area surrounding the proposed location.
(a) The size, content, and appearance of the memorial should improve or
otherwise enhance the social and physical environment of the surrounding
area.
5. Comply with any additional city requirements related to memorials.
(b) The memorial should not:
1. Present unreasonable maintenance, security, environmental, or access issues.
2. Be offensive to a reasonable person.
3. Reasonably appear to be promoting, favoring, or inhibiting any religion or
political affiliation.
Consideration should be given to how the memorial corresponds with other memorials in the
immediately surrounding area and in the City generally.
1003.5 CONSIDERATIONS FOR THE REMOVAL, ALTERATION, OR RELOCATION OF
EXISTING MEMORIALS
The following criteria should be applied to all cases where the removal, alteration, or relocation
of a memorial is being considered, whether initiated by a request from members of the public or
internally by city officials or staff.
(a) The memorial should be removed, altered, or relocated, as appropriate, if:
1. The memorial has deteriorated to the extent that it cannot be safely maintained
in its current location.
2. Security issues make the current location unreasonable.
3. The memorial is damaged beyond reasonable repair.
4. Social or environmental changes to the location or surrounding area have made
the memorial no longer appropriate for the location.
5. The memorial is no longer sufficiently connected to the common history, local
culture, or mission of the City.
6. A more appropriate alternative location for the memorial is reasonably available.
(b) The memorial should not be removed, altered, or relocated:
1. If federal, state, or local laws restrict the removal, alteration, or relocation of the
memorial.
2. Without appropriate pre -approvals from federal, state, or local officials, as
required.
3. If removal, alteration, or relocation is not consistent with additional requirements
adopted or maintained by the Mayor.
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4. Without final approval of the City's governing body.
1003.6 DAMAGE OR DETERIORATION
Employees who observe damage to or significant deterioration of an existing memorial should
report the damage to a supervisor. Appropriate repairs may be made with supervisory approval.
If damage or deterioration to a memorial reasonably appears to present a safety issue, access to
the memorial should be restricted and a supervisor should be immediately notified.
1003.7 DOCUMENTATION
The following should be created and maintained by the Cultural Arts Department consistent with
the established records retention schedule:
(a) The list of memorials within the City.
(b) Documentation relating to the approval of any new memorials.
(c) Documentation relating to the removal, relocation, or alteration, of any memorial,
including the reason for the action, and whether the memorial has been stored or
otherwise disposed of.
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Flags
1004.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the proper display of flags at city facilities.
1004.2 POLICY
It is the policy of the City to display flags in compliance with federal and state laws and local
ordinances.
1004.3 DISPLAY OF FLAGS
Flags flown at city facilities will be displayed in the following order of prominence:
(a) The United States flagFFags of foreign governments recognized by the United States
when flown with the United States flag
(b) The state flag
(c) The city flagThe - - f[ag Any eornmernorative flags
1004.4 DISPLAYING THE FLAG OF THE UNITED STATES
Federal law providing for the use and the display of the United States flag is contained in Title
4 Chapter 1 of the United States Code, commonly referred to as the "Flag Code." The City will
display the flag of the United States in accordance with the provisions of 4 USC § 1 through 4
USC § 10.
1004.4.1 DISPLAY OF THE UNITED STATES FLAG IN DAILY OPERATIONS
Employees should consult the Flag Code for guidance whenever the flag of the United States is
to be displayed in any manner. This is to ensure that the display is presented in accordance with
the Flag Code and as follows:
(a) The United States flag should be conspicuously posted on all city facilities during hours
of operation.
(b) It is the universal custom to display the flag only from sunrise to sunset on buildings
and on a stationary flagstaff in the open. However, the flag may be displayed 24 hours
a day if it is properly illuminated during the hours of darkness (4 USC § 6).
(c) The flag should not be displayed on days when the weather is inclement, except when
an all-weather flag is displayed (4 USC § 6).
(d) The United States flag may only be flown at half-staff by Presidential or Gubernatorial
decree, and on Memorial Day until noon (4 USC § 7).
Whenever the United States flag is displayed in conjunction with other flags or symbols it should
occupy the "Place of Honor" (4 USC § 7).
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1004.5 DISPLAY OF THE STATE FLAG
The City will display the state flag prominently and in the proper position of honor in accordance
with the United States Flag Code.
1004.5.1 DISPLAY OF THE STATE FLAG IN DAILY OPERATIONS
Employees should review state law for guidance whenever the flag is to be displayed in any
manner to ensure that the display is presented appropriately. Displays of the flag should be
consistent with the following protocol:
(a) The flag should be conspicuously posted on all city facilities during hours of operation.
(b) Generally, the flag should be displayed only from sunrise to sunset on buildings and
on a stationary flagstaff in the open. However, the flag may be displayed 24 hours a
day if it is properly illuminated during the hours of darkness.
(c) The flag should not be displayed on days when the weather is inclement, except when
an all-weather flag is displayed.
(d) The flag shall be flown at half-staff whenever the flag of the United States is flown at
half-staff, and may only be flown at half-staff at other times by order of the Governor.
(e) Whenever the flag is displayed in conjunction with the United States flag, the United
States flag shall occupy the position of first honor (4 USC § 7). When the flag is
displayed in conjunction with other flags or symbols, it should occupy the position of
honor.
1004.6 DISPLAY OF COMMEMORATIVE OR UNOFFICIAL FLAGS
City flag displays, including but not limited to flagstaffs, are not intended to serve as a forum for
free expression by the public. Commemorative flags or flags not identified in this policy, including
flags of a government not recognized by the United States, should not be displayed by the City
without prior approval from the Mayor.
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Chapter 11 -Equipment and Technology
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Local Government -Owned and Personal Property
1100.1 PURPOSE AND SCOPE
This policy addresses the care of city -owned property and the role of the City when personal
property, the property of another person or entity, or city -owned property is damaged or lost.
1100.2 POLICY
The City will ensure that employees are issued appropriate property and equipment necessary
for the employee's job function. The City will take steps to minimize the cost associated with
maintaining city property, including personal property authorized for use in the employee's duties.
1100.3 LOCAL GOVERNMENT -ISSUED PROPERTY
Supervisors should document all property and equipment issued by the City in the appropriate
file at the time of issuance. Receipt of issued items shall be acknowledged by the receiving
employee's signature. Upon separation from the City, all issued property and equipment shall be
returned. Documentation of the return shall be acknowledged by the signature of a supervisor.
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.
1100.3.1 EMPLOYEE RESPONSIBILITIES
Employees shall be responsible for the safekeeping, serviceable condition, proper care, proper
use, and replacement of city property that has been assigned or entrusted to them.
(a) Employees shall promptly report, through their supervisors, any loss of, damage to,
or unserviceable condition of any city -issued property or equipment.
(b) The use of damaged or unserviceable property should be discontinued as soon as
practicable, and the item replaced with a comparable item as soon as available.
(c) Except when otherwise directed by a supervisor or when exigent circumstances exist,
city -issued property shall only be used by those to whom it was assigned. Use should
be limited to official purposes and in the capacity for which it was designed.
(d) City -issued property shall not be thrown away, sold, traded, donated, destroyed, or
otherwise disposed of without prior approval.
(e) Employees should obtain a supervisor's approval before any attempt to repair
damaged or unserviceable property, unless the repair is of a minor or temporary
nature.
1100.4 PERSONAL PROPERTY
Personal property or equipment shall not be carried during work hours or used for work -related
purposes without prior approval by the Mayor or appropriate supervisor. The employee should
submit a request that includes a description of the property and the reason and length of time it
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will be used. Personal property of the type routinely carried (e.g., cell phone, wallet, sunglasses)
is excluded from this requirement (see the Personal Communication Devices Policy).
The City will not replace or repair property that is not reasonably required as part of work.
1100.4.1 FILING CLAIMS FOR PERSONAL PROPERTY
An employee requesting reimbursement for damage to, or loss of, personal property must submit
the request in writing to the employee's immediate supervisor.
Upon review by the supervisor and a finding that no misconduct or negligence was involved, repair
or replacement may be recommended to the Mayor or the authorized designee, who will then
forward the claim to the city responsible for issuing payments.
1100.5 SUPERVISOR RESPONSIBILITIES
The supervisor receiving a report that property, including personal property authorized for use,
has been damaged, should- with Human Resources conduct an investigation and direct
a memo
to- the or the authorized desig . The investigation documentation should include the result
of the investigation and whether reasonable care was taken to prevent the loss, damage, or
unserviceable condition.
In cases where the supervisor has reason to believe that misconduct or negligence was involved
in the loss, damage, or unserviceable condition of property, the supervisor with Human Resources
should consider whether disciplinary or other corrective action would be appropriate.
1100.6 DAMAGE TO PROPERTY OF ANOTHER PERSON OR ENTITY
Employees who intentionally or unintentionally damage or cause to be damaged the real or
personal property of another person or entity while performing any city function shall promptly
report the damage to a supervisor.
1100.6.1 DAMAGE BY OTHERS
Employees who observe damage to the real or personal property of the City should report the
damage as follows:
(a) A verbal report should be made to the employee's immediate supervisor and to the
employee or city responsible for the property as soon as practicable.
(b) A written report should be submitted before the end of the employee's workday or as
otherwise directed by the supervisor.
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Personal Communication Devices
1101.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of mobile telephones and other
communication devices, whether issued or funded by the City or personally owned, during work
hours or when used for authorized work -related purposes.
This policy generically refers to all such devices as Personal Communication Devices (PCDs) but
is intended to include all mobile telephones, personal digital assistants (PDAs), wireless -capable
tablets, and similar wireless two-way communications and/or portable internet-access devices.
PCD use includes but is not limited to placing and receiving calls, text messaging, blogging and
microblogging, emailing, using video or camera features, playing games, and accessing sites or
services on the internet.
1101.2 POLICY
The City allows employees to utilize city -issued or funded PCDs and to possess personally
owned PCDs in the workplace, subject to certain limitations. Any PCD used during work hours, or
during non -work hours, for business -related purposes, or reasonably associated with work -related
misconduct will be subject to monitoring and inspection consistent with applicable law and this
policy.
Additionally, the use of a PCD either during work hours or non -work hours for business -related
purposes, or reasonably associated with work -related misconduct, may subject the employee and
the employee's PCD records to civil or criminal discovery or disclosure under applicable public
records laws.
Employees who have questions regarding the application of this policy or the guidelines contained
herein are encouraged to seek clarification from supervisory staff.
1101.3 PRIVACY EXPECTATION
Employees forfeit any expectation of privacy with regard to any communication accessed,
transmitted, received, or reviewed on any PCD issued or funded by the City and shall have no
expectation of privacy in their location should the device be equipped with location -detection
capabilities. This includes records of all keystrokes or web -browsing history made on the PCD.
The fact that access to a database, service, or website requires a username or password will
not create an expectation of privacy if it is accessed through city PCDs or networks (see the
Information Technology Use Policy for additional guidance).
Employees have no expectation of privacy regarding any communications while using a personally
owned PCD for city -related business or when the use reasonably implicates work -related
misconduct.
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1101.4 LOCAL GOVERNMENT -ISSUED PCD
Depending on an employee's assignment and the needs of the position, the City may, at its
discretion, issue or fund a PCD for the employee's use to facilitate work performance.- -issued er
funded PGDs fnay not be used for persona' business during or after work hours Unless authorized
by the or the authorized designee. Such devices and the associated telephone number, if any,
shall remain the sole property of the City and shall be subject to inspection or monitoring (including
all related records and content) at any time without notice and without cause_
The City will cover the price of a phone PCD up to $200. If the cost of the phone PCD is over
$200, the employee will have to cover the remaining cost. If an employee chooses a phone PCD
that costs more than $200 and pays for the additional cost, the phone PCD is still the property of
the City, and the employee will not be reimbursed for the voluntary amount paid by the employee.
An employee may purchase phone PCD's from the city for the determined value at the salvage
time of the device. The Finance Department will determine such salvage value. Any additional
amount the employee may have paid at the time of purchase for a phone PCD will be taken into
consideration as far as the salvage value of the device in determining the purchase amount the
employee will pay the City. This same policy refers to replacement phones discussed below in
the replacement phone section.
Department Heads are responsible to authorize the use of cell phones for each position within the
department. The criteria to determine the need for City cell phone usage may include the following_
• Safety requirements indicate having wireless phone is an integral part of performing
duties of job description.
• More than 50% of employee's work is conducted in the field.
• Employee is required to be contacted on a regular basis. (No office)
• Employee is required to be on -call (24/7)
• Employee is a critical decision maker
1101.4.1 DAMAGED PHONES
2 When a new phone needs to be ordered due to damage, the employee must pay '/2 the cost
of the replacement. If the replacement phone is damaged and a nd a second _ nd _ phone must
be ordered, the employee must pay the full cost. Department Heads may elect to waive this cost
under certain circumstances.
1101.4.2 REPLACEMENT PHONES
If employee has a good functioning phone and simply wants to upgrade to a new phone for the
most recent technology, the employee must pay for the full cost of the phone if the new phone
is less than 24 months old.
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1101.4.3 INTERNATIONAL TRAVEL
It is the responsibility of the employee to notify the cell phone plan administrator of any international
travel. The phone line will need to have an international plan put on for the time the employee will
be traveling internationally. Failure to do so may result in the employee paying for all additional
charges made to the plan for international calls and data usage. If international travel is for personal
time, the employee is responsible for the international plan and overage costs, unless such fees
are waived by the Mayor (The Emergency Services Board for the Fire Department) for business
purposes.
1101.5 PERSONALLY OWNED PCD
Employees may carry a personally owned PCD during work hours, subject to the following
conditions and limitations:
(a) Permission to carry a personally owned PCD may be revoked if it is used contrary to
provisions of this policy.
(b) The City accepts no responsibility for loss of or damage to a personally owned PCD.
(c) The PCD and any associated services shall be purchased, used, and maintained
solely at the employee's expense.
(d) The device should not be used for work -related purposes except in exigent
circumstances (e.g., unavailability of internal communication systems) or as otherwise
authorized by city procedures.
1. Use of a personally owned PCD for work -related business constitutes consent
for the City to access the PCD to inspect and copy the work -related data (e.g.,
for litigation purposes, public records retention and release obligations, internal
investigations).
2. Use of and data within a personally owned PCD may be discoverable in cases
when there is reason to believe it is associated with work -related misconduct.
3. Searches of a personally owned PCD by the City should be limited to those
matters reasonably associated with the work -related business or work -related
misconduct.
(e) The device shall not be utilized to record or disclose any city business -related
information, including photographs, video, or the recording or transmittal of any
information or material obtained or made accessible as a result of employment or
appointment with the City, without the express authorization of the Mayor or the
authorized designee.
(f) If the PCD is carried during work hours, employees will provide the City with the
telephone number of the device.
(g) All work -related documents, emails, photographs, recordings, and other public records
created or received on an employee's personally owned PCD should be transferred
to the City and deleted from the employee's PCD as soon as reasonably practicable
but no later than the end of the employee's workday.
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Except with prior express authorization from their supervisors, employees are not obligated
or required to carry, access, monitor, or respond to electronic communications using a
personally owned PCD during non -work hours. If an employee is in an authorized status that
allows for appropriate compensation consistent with policy or existing employment agreements,
or if the employee has prior express authorization from a supervisor, the employee may
engage in city business -related communications. Should employees engage in such approved
communications or work during non -work hours, employees entitled to compensation shall
promptly document the time worked and communicate the information to their supervisors to
ensure appropriate compensation. Employees who independently document city -related business
activities conducted during non -work hours in any manner shall promptly provide the City with a
copy of such records to ensure accurate recordkeeping.
1101.6 USE OF PCD
The following protocols shall apply to all PCDs that are carried during work hours or used to
conduct city business:
(a) All PCDs in the workplace shall be set to silent or vibrate mode as necessary.
(b) A PCD may not be used to conduct personal business during work hours except for
brief personal communications (e.g., informing family of extended hours). Employees
shall endeavor to limit their use of PCDs to authorized break times unless an
emergency exists.
(c) Employees may use a PCD to communicate with other personnel in situations where
the use of city -provided communications methods is either impracticable or not
feasible. PCDs should not be used as a substitute for, as a way to avoid, or in lieu of
regular city -provided communications methods.
(d) Employees are prohibited from taking pictures, audio or video recordings, or making
copies of any such picture or recording media unless it is directly related to official city
business. Disclosure of any such information to any third party through any means
requires the express authorization of the Mayor or the authorized designee.
(e) Employees will not access social networking sites for any purpose that is not official
city business. This restriction does not apply to a personally owned PCD used during
authorized break times.
(f) Using PCDs to harass, threaten, coerce, or otherwise engage in inappropriate conduct
with any third party is prohibited. Any employee having knowledge of such conduct
shall promptly notify a supervisor.
1101.7 SUPERVISOR RESPONSIBILITIES
The responsibilities of supervisors include but are not limited to:
(a) Ensuring that employees under their supervision are provided appropriate training on
the use of PCDs consistent with this policy.
(b) Monitoring to the extent practicable, PCD use in the workplace and taking prompt
corrective action if an employee is observed or reported to be improperly using a PCD.
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1. An investigation into improper conduct should be promptly initiated when
circumstances warrant.
2. Before conducting any administrative search of an employee's personally owned
device, supervisors should consult with Human Resources. or the
1101.8 OFFICIAL USE
Employees are reminded that PCDs are not secure devices and conversations may be intercepted
or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information
is not inadvertently transmitted. As soon as reasonably possible, employees shall conduct
sensitive or private communications on a land -based or other city communications network.
1101.9 USE WHILE DRIVING
Employees operating vehicles shall not use a PCD while driving unless the device is specifically
designed and configured to allow hands -free use. Hands -free use should be restricted to urgent
business -related calls.
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Vehicle Maintenance
1102.1 PURPOSE AND SCOPE
The purpose of this policy is to ensure that city vehicles are appropriately maintained.
1102.2 POLICY
The City will service city vehicles to ensure they remain operational and maintain their appearance,
as resources allow.
1102.3 GENERAL DUTIES
Employees are responsible for assisting in maintaining city vehicles so that they are properly
equipped, maintained, and refueled and present a clean appearance.
1102.4 DEFECTIVE VEHICLES
When a vehicle becomes inoperative or in need of repair that affects the safety of the vehicle, that
vehicle shall be removed from service. Proper documentation shall be promptly completed by the
employee who becomes aware of the defective condition and forwarded to a supervisor for action.
Documents describing the correction of the safety issue shall be promptly filed by the supervisor
with the vehicle history.
1102.4.1 DAMAGE OR POOR PERFORMANCE
Vehicles that may have been damaged or perform poorly shall be removed from service for
inspections and repairs as soon as practicable.
1102.4.2 SEVERE USE
Vehicles operated under severe -use conditions, which include operations for which the vehicle
is not designed or that exceed the manufacturer's parameters, should be removed from service
and subjected to a safety inspection as soon as practicable. Such conditions may include rough
roadway or off -road driving, hard or extended braking, and severe weather exposure.
1102.4.3 REMOVAL OF WEAPONS
Only authorized firearms, weapons, or control devices shall be carried in city vehicles. Any
authorized firearms, weapons, and control devices shall be removed from a vehicle and properly
secured prior to the vehicle being released for maintenance, service, or repair.
1102.5 VEHICLE REFUELING
Generally, vehicles should not be operated with less than one -quarter tank of fuel. Vehicles should
not be returned to the pool or the assigned city at the end of the workday with less than one -
quarter tank of fuel. Vehicles shall only be refueled at an authorized location.
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1102.6 WASHING OF VEHICLES
Vehicles shall be kept clean at all times and, weather conditions permitting, shall be washed as
necessary to maintain the professional appearance of the City.
Employees using a vehicle shall remove any trash or debris at the end of their workday.
Confidential material should be placed in a designated receptacle that has been provided for
shredding this material.
1102.7 VEHICLE IDENTIFICATION
All City of Rexburg vehicles shall be identified with proper City identification or logo. Exceptions
can be granted for police vehicles as necessary.
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1103.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for employees who use vehicles for city business.
This policy does not create or imply any contractual obligation by the City to provide assigned
vehicles.
Individual city heads may have additional policies for vehicle use to address specific vehicles (e.g.,
emergency vehicles) and duty assignments (e.g., law enforcement undercover work).
1103.2 POLICY
The City authorizes the use of certain vehicles for official city business to enhance operational
efficiency and requires that vehicles are operated in a safe and legal manner.
1103.3 USE OF VEHICLES
1103.3.1 VEHICLE ASSIGNMENTS
City vehicles may be assigned to individual employees at the discretion of the Mayor or the
authorized designee. Vehicles may be assigned for partial or full workday use and/or take-home
use. Vehicle assignments may be changed or suspended at any time. Permission to take home
a vehicle may be withdrawn at any time.
Vehicle assignments shall be based on the employee's job description, essential functions,
and employment status. Vehicles may be reassigned or utilized by other city employees at the
discretion of the Mayor or the authorized designee.
The Mayor or the authorized designee is responsible for creating a vehicle assignment roster each
day and for maintaining the rosters in accordance with the established records retention schedule.
1103.3.2 EMPLOYEE RESPONSIBILITIES
Employees operating a vehicle as part of their job with the City shall:
(a) Possess a valid driver's license.
1. Employees shall report any suspensions or revocations of their license and any
changes to driving privileges as soon as practicable and before any subsequent
city vehicle use or personal vehicle use for city business.
2. Employees must possess a valid commercial driver's license or special class
license when applicable.
(b) Provide the city with a driver's history report upon request.
(c) Possess appropriate insurance as required for personal vehicles used for city
business.
1. Employees shall notify a supervisor if their automobile insurance has been
canceled, declined, or not renewed.
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2. The private insurance of employees using their personal vehicles under this
policy shall be considered the primary insurance for any accidents or damage.
(d) Notify a supervisor of any citations or arrests for motor vehicle -related violations or
offenses as soon as practicable.
(e) Obey all traffic laws.
(f) Maintain any personal vehicles used for city business in safe working order.
(g) 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.
1103.3.3 INSPECTIONS
Employees shall be responsible for inspecting the interior and exterior of any assigned city
vehicle. If the vehicle is assigned for the workday, it should be inspected before use and at
the conclusion of the workday. If the vehicle is assigned for less than a workday, it should be
inspected before use and upon conclusion of use. Any previously unreported damage, mechanical
problems, unauthorized contents, or other problems with the vehicle shall be promptly reported
to a supervisor and documented as appropriate.
All city vehicles are subject to inspection and/or search at any time by a supervisor without notice
and without cause. No employee assigned to or operating such vehicle shall be entitled to any
expectation of privacy with respect to the vehicle or its contents.
1103.3.4 SECURITY AND UNATTENDED VEHICLES
Unattended vehicles should be locked and secured at all times to safeguard any city equipment
prior to parking or leaving the vehicle.
1103.3.5 VEHICLE LOCATION SYSTEM
City vehicles, at the discretion of the Mayor, may be equipped with a system designed to track
the vehicle's location. While the system may provide vehicle location and other information,
employees are not relieved of their responsibility to use any required communication practices to
report their location and status.
Employees shall not make any unauthorized modifications to the system. If an employee finds
that the system is not functioning properly at any time, the employee should notify a supervisor
as soon as reasonably practicable.
System data may be accessed by supervisors at any time. However, access to historical data by
other than supervisors will require Mayor approval.
All data captured by the system shall be retained in accordance with the established records
retention schedule.
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1103.3.6 KEYS
Employees who are assigned a specific vehicle should be issued keys for that vehicle. Employees
shall not duplicate keys or share them with any person except another employee authorized to use
that vehicle. The loss of a key shall be promptly reported in writing to the employee's supervisor.
1103.3.7 AUTHORIZED PASSENGERS
Employees operating assigned vehicles shall not permit unauthorized persons to ride as
passengers in the vehicle._ 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
liabilitv when thev do not adhere to this oolicv. EmD'ovees are -orohob ted (use 683;
1103.3.8 PARKING
Employees should obey parking regulations at all times.
City vehicles should be parked in assigned parking areas spaces. Employees shall not park
personal vehicles in spaces assigned to city vehicles or in other parking areas that are not so
designated unless authorized by a supervisor.
1103.3.9 ACCESSORIES AND/OR MODIFICATIONS
There shall be no modifications, additions, or removal of any equipment or accessories from city
vehicles without written permission from the Department Head or -of the authorized designee.
1103.3.10 DEPARTMENT HEADS
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
driv ing training as required by their department.
1103.4 UNSCHEDULED TAKE-HOME USE
Employees may take home city vehicles only with prior approval of a supervisor and shall meet
the following criteria:
(a) The circumstances are unplanned and were created by the needs of the City.
(b) Other reasonable transportation options are not available.
(c) The employee lives within a reasonable distance (generally not to exceed a 60-minute
drive time) of the city limits.
(d) Off street parking will be available at the employee's residence.
(e) The vehicle will be locked when not attended.
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(f) All portable city equipment will be removed from the interior of the vehicle and properly
secured in the residence when the vehicle is not attended, unless the vehicle is parked
in a locked garage.
When such circumstances occur, the Department Head the- or the authorized designee shall
document the unscheduled take-home use in the vehicle assignment roster.
1103.5 ASSIGNMENT OF TAKE-HOME VEHICLES
Assignment of take-home vehicles should be based on the location of the employee's residence,
the nature of the employee's job, whether the employee performs work outside of regular business
hours, the employee's employment status, and available resources.
Employees are cautioned that under federal and local tax rules, personal use of a city vehicle may
create an income tax liability for the employee. Questions regarding tax rules should be directed
to the employee's tax adviser.
Travel to and from the home will not be considered work time unless the employee is responding
to and from an emergency as part of the employee's duties.
All employees using a City vehicle for commuting to and from work must have payroll taxes
deducted for the fringe benefit for personal commuting from their home to city limits. The value of
the fringe benefit will be defined by the following formula:
Mileage from home to city limits multiplied by 2 then multiplied by_ 200 230 days 173.33
200 days for patrol officers) then multiplied by the current standard I.R.S. mileage rate. That
number will then be divided by 2 6 4 to reach the value added to each paycheck's gross
income amount for tax calculation purposes only. The City will be consistent with federal
regulations.
1103.5.1 TAKE-HOME VEHICLE AGREEMENT
Employees shall sign a take-home vehicle agreement that outlines how the vehicle shall be
used, where it shall be parked, vehicle maintenance responsibilities, and any other appropriate
requirements. The agreement should minimally provide that:
(a) Vehicles shall only be used for work -related purposes and shall not be used for
personal reasons, unless special circumstances exist and the Mayor or the authorized
designee gives prior authorization.
(b) Vehicles are to be parked off-street at the employee's residence unless prior
arrangements have been made with the Mayor or the authorized designee. If the
vehicle is not secured inside a locked garage, all removeable city equipment shall be
removed and properly secured in the residence.
(c) Vehicles are to be secured at the employee's residence or the appropriate city facility,
at the discretion of the employee's supervisor, when an employee will be away (e.g.,
on vacation) for periods exceeding one week.
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1. If the vehicle remains at the employee's residence, the City shall have access
to the vehicle.
1103.5.2 POSITIONS PERMITTED TO TAKE A CITY VEHICLE HOME
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 and Fire Inspector and Emergency Manager
• Public Works Department employees on call
• Public Works Foremen
• Public Works Director and Assistant Director and Assistant City Engineer
• Parks Foreman and Assistant Foreman
• Golf Maintenance Manager
• Building Inspectors Building Official
• Recreation Director and other full `erne Recreation Aquatics/Program Manager and
Recreation Events Manager
• Community Development Compliance Officer
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.
1103.6 DAMAGE, ABUSE, AND MISUSE
When any city vehicle is involved in a traffic accident or otherwise incurs damage, the involved
employee shall promptly notify a supervisor. Any traffic accident report shall be filed with the
agency having jurisdiction, with a copy provided to the Risk Management Team. the the
Damage to any city vehicle that was not caused by a traffic accident shall be immediately reported
during the shift or workday in which the damage was discovered and documented in memorandum
format, which shall be forwarded to the Risk Management Team the- 3r the authorized designee.
An administrative investigation should be initiated to determine if there has been any vehicle abuse
or misuse.
1103.7 TOLL ROAD USAGE, FUEL, AND MILEAGE
Employees operating vehicles for city business shall pay the appropriate toll charge or utilize the
appropriate tollway transponder.
With the exception of take-home vehicles driven to and from the employee's residence, employees
may submit for reimbursement from the City for toll fees and fuel expenses incurred in the course
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of official business. In lieu of fuel expenses, employees may submit for reimbursement for mileage
accrued on personal vehicles used for city business.
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Vehicle Safety Restraints/Safety Belts
1104.1 PURPOSE AND SCOPE
This policy establishes guidelines for the use of safety belts and child restraints. This policy will
apply to all employees operating or riding in city vehicles.
Individual city policies may provide additional guidance.
1104.1.1 DEFINITIONS
Definitions related to this policy include:
Child restraint system - An infant or child passenger restraint system that meets Federal Motor
Vehicle Safety Standards (FMVSS) and regulations set forth in 49 CFR 571.213.
1104.2 POLICY
It is the policy of the City that employees use safety and child restraint systems to reduce the
possibility of death or injury in a motor vehicle accident.
1104.3 WEARING OF SAFETY RESTRAINTS
All employees shall wear properly adjusted safety restraints at all times when operating or riding
in a seat equipped with restraints, in any vehicle owned, leased, or rented by this city, or in any
privately owned vehicle when conducting city business. The employee driving such a vehicle shall
ensure that all other occupants, including those who are not employees of the City, are properly
restrained.
1104.4 TRANSPORTING CHILDREN
Child passengers shall be transported using an approved child restraint system in compliance
with federal and state law.
1104.5 INOPERABLE SAFETY BELTS
City vehicles shall not be operated when the safety belt in the driver's position is inoperable.
Persons shall not be transported in a seat in which the safety belt is inoperable.
City vehicle safety belts shall not be modified, removed, deactivated, or altered in any way, except
by the vehicle maintenance and repair staff, who shall do so only with the express authorization
of the Mayor or the authorized designee.
Employees who discover an inoperable restraint system shall report the defect to the appropriate
supervisor. Prompt action will be taken to replace or repair the system.
1104.6 VEHICLES MANUFACTURED WITHOUT SAFETY BELTS
Vehicles manufactured and certified for use without safety belts or other restraint systems are
subject to the manufacturer's operator requirements for safe use.
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1104.7 VEHICLE AIRBAGS
In all vehicles equipped with airbag restraint systems, the system will not be tampered with or
deactivated, except when transporting children as written elsewhere in this policy. All equipment
installed in vehicles equipped with airbags will be installed as per the vehicle manufacturer
specifications to avoid the danger of interfering with the effective deployment of the airbag device.
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Personal Protective Equipment
1105.1 PURPOSE AND SCOPE
This policy addresses the use of personal protective equipment (PPE) provided by the City.
1105.1.1 DEFINITIONS
Definitions related to this policy include:
Personal protective equipment (PPE) - Equipment that protects a person from serious
workplace injuries or illnesses resulting from contact with chemical, radiological, physical,
electrical, mechanical, or other workplace hazards.
1105.2 POLICY
The City endeavors to protect employees by supplying certain PPE as provided in this policy.
1105.3 SUPERVISOR RESPONSIBILITIES
Supervisors are responsible for identifying and making available PPE appropriate for the work
environment. Supervisors are also responsible to maintain PPE requirements for their department/
division in the SOP for the respective departments/division.
1105.4 EMPLOYEE RESPONSIBILITIES
Employees are required to use PPE pursuant to their training.
Employees are responsible for proper maintenance and storage of issued PPE. PPE should be
stored in an appropriate location so that it is available when needed. Employees are responsible
to understand and abide by the PPE requirements found in the SOP for their department/division.
Any employee who identifies hazards in the workplace is encouraged to utilize the procedures in
the Illness and Injury Prevention Policy to recommend new or improved PPE or additional needs
for PPE.
1105.5 EQUIPMENT PROCUREMENT AND USE
PPE shall meet or exceed any applicable requirements. Federal or other nationally recognized
standards should be used as a guide for the procurement, use, maintenance, and storage of the
following safety -related equipment in the absence of other mandatory requirements:
(a) Hearing protection (29 CFR 1910.95)
(b) Eye protection (29 CFR 1910.133)
(c) Respiratory protection (29 CFR 1910.134)
(d) Head protection (29 CFR 1910.135)
(e) Foot protection (29 CFR 1910.136)
(f) Electrical protective equipment (29 CFR 1910.137)
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(g) Hand protection (29 CFR 1910.138)
(h) Personal fall protection systems (29 CFR 1910.140)
1105.6 RECORDS
Supervisors are responsible for maintaining records of all:
(a) PPE training.
(b) PPE procurement and distribution.
(c) Fit tests and medical evaluations related to respiratory protection equipment, when
applicable. Medical evaluation questionnaires and any physical examination results
related to respirator use shall be maintained in a separate confidential medical file.
The records shall be maintained in accordance with the city records retention schedule.
1105.7 TRAINING
Employees should be trained in the hazards to which they may be potentially exposed during
routine and emergency situations.
All employees should be trained in the proper use and maintenance of PPE issued to them,
including when the use is appropriate; how to put on, remove, and adjust PPE; how to care for
PPE; and the limitations of each device (29 CFR 1910.132).
Employees issued respiratory PPE should attend annual training on the proper use of respiratory
protection devices (29 CFR 1910.134).
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Physical Asset Management
1106.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for maintaining a system of inventory
and accountability over the city's physical assets. This policy does not address management
of intangible assets (e.g., intellectual property), fluid assets (e.g., cash, stocks, marketable
securities), real property, or natural assets (e.g., water, air quality, minerals).
Individual_ - department heads may have additional policies for department -specific assets.
1106.1.1 DEFINITIONS
Definitions related to this policy include:
Physical assets — All tangible items of value, including but not limited to materials, machinery,
tools and equipment, vehicles, office supplies, and furniture.
1106.2 POLICY
It is the policy of this city to accurately inventory, maintain, and dispose of its physical assets in a
manner that controls costs, avoids waste, and promotes the mission of the City.
1106.3 RESPONSIBILITIES
The Department Head -should assign a person or persons to be responsible for the inventory,
maintenance, and disposal of city physical assets, including:
(a) Maintaining compliance with federal, state, and local laws regarding physical asset
management, inventory control, and reporting requirements.
(b) Developing procedures for the implementation of this policy, including:
1. Procedures for disposal of all city -owned physical assets in accordance with
federal, state, and local law.
2. Procedures for safe disposal of hazardous waste.
3. Procedures for inter -city transfers of physical assets.
4. Procedures for each city to inventory assets as according to internal reporting
deadlines (e.g., quarterly, annually).
(c) Developing a physical asset management plan to track the city's physical assets and
maintain accurate and complete records related to these assets. The plan should
include:
1. A minimum value of the physical assets that are subject to this policy, the plan,
and the implementing procedures.
2. An inventory control and recordkeeping system to account for the movement,
storage, maintenance and use, loss, damage, destruction, and disposal of the
city's physical assets.
3. Routine internal and external audit practices.
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4. Procedures to access physical assets for re -use, transfer, recycle, or disposal.
(d) Designating custodians within each city, as appropriate, for inter -city communication
and to serve as inventory liaisons under the physical asset management plan.
(e) Annual physical asset acquisition planning.
1106.4 IDENTIFICATION AND TAGGING
Physical assets should be tagged using a bar code or other system to identify and locate the
items. Tags should be affixed in the same manner and location on each item, when feasible. The
following information regarding the tagged item should be maintained using the inventory control
system and method of recordkeeping established in the physical asset management plan:
(a) A description of the item, including but not limited to:
1. Make, model, and serial number
2. Physical dimensions and weight
3. Color, material, and other physically distinct qualities
4. Warranty and/or recall information, if any
(b) The city and specific location where the item can be found
(c) The acquisition date of the item, as well as the amount and funding source for the
acquisition
(d) The intended and actual use of the item
(e) The expiration of an item's lease or loan terms
1106.5 SURPLUS OR OBSOLETE ASSETS
A department -that no longer utilizes a physical asset should have the asset identified as surplus
or obsolete. If the physical asset retains value that may be utilized by another department -, the
item should be stored as surplus or transferred in accordance with the procedures established
pursuant to this policy. If the physical asset is deemed obsolete, the item shall be disposed of in
accordance with this policy.
1106.5.1 STORAGE
When practicable, physical assets that retain value but are not being utilized should be stored in
lieu of disposal. Physical assets in storage are subject to routine inventory and revaluation. If the
physical asset's value is less than the cost of storage, the City should pursue disposal of the item
in accordance with this policy.
1106.5.2 TRANSFERS
When a physical asset is transferred from one department - to another, the value of the physical
asset should transfer with the asset. Inter -department transfers shall be documented through the
inventory control and recordkeeping system implemented by the physical asset management plan.
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1106.6 LOSS, DAMAGE, OR DESTRUCTION
Circumstances surrounding loss, damage, or destruction of the city's physical assets shall be
promptly reported to and investigated by the department head or the authorized designee for
purposes of inventory, valuation, and recordkeeping. Otherwise, loss, damage, or destruction of
such assets shall be handled in accordance with the Local Government -Owned and Personal
Property Policy.
1106.7 USAGE MONITORING
Physical asset performance should be regularly monitored for functionality, utility, wear -and -tear,
and cost-effectiveness. Usage monitoring of the city's physical assets should include the duration
of use (e.g., daily use and number of hours in use), user satisfaction, costs of operating the asset,
and the asset's contribution to employee performance and overall productivity.
1106.8 MAINTENANCE
Routine maintenance of physical assets should be proactive to limit interruption of the city's daily
operations. Employees should report any physical asset performance issues to a supervisor.
Maintenance requests and reports shall be recorded in the inventory control and recordkeeping
system implemented by the physical asset management plan. The department head -or the
authorized designee shall routinely evaluate maintenance expenditures to determine whether
continued maintenance is beneficial.
1106.9 DISPOSAL
Physical assets slated for disposal should be evaluated for salvage value (e.g., items containing
reusable materials like aluminum or copper) or transfer or storage in accordance with this policy.
1106.10 INVENTORY AND REPORTS
Routine inventory of physical assets should be conducted for purposes of loss control, revaluation,
retagging, documenting asset movement and condition, disposition and acquisition planning, and
obtaining adequate insurance coverage.
All internal controls and inventories related to physical asset management shall be accurately
documented and subject to both internal and external audit. Inventory reports should include an
explanation of any discrepancies from the previous period.
All inventory documentation shall be retained and stored in accordance with the records retention
schedule.
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1106.11 TRAINING
Employees and supervisors accountable for the proper care, use, transfer, maintenance,
storage, loss, and disposition of all city physical assets should receive training regarding their
responsibilities under the physical asset management plan.
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Chapter 12 - Records and Documents
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Records Maintenance and Release
1200.1 PURPOSE AND SCOPE
This policy provides guidance on the maintenance and release of city records. Protected
information is separately covered in the Protected Information Policy.
1200.2 POLICY
The City is committed to providing public access to records in a manner that is consistent with
state public records laws.
1200.3 CITY CLERK
The Mayor shall designate a City Clerk. The responsibilities of the City Clerk include but are not
limited to:
(a) Managing the records management system for the City, including the retention,
archiving, release, and destruction of city public records.
(b) Maintaining and updating the city records retention schedule, including:
1. Identifying the minimum length of time records must be kept.
2. Identifying the city responsible for the original record.
(c) Establishing rules regarding the inspection and copying of public records as
reasonably necessary for the protection of such records.
(d) Identifying records or portions of records that are confidential under state or federal
law and not open for inspection or copying.
(e) Establishing rules regarding the processing of subpoenas for the production of
records.
(f) Ensuring the availability of a current schedule of fees for public records as allowed
by law.
(g) Preparing and making available to the public the records request process, to include
the cost of inspecting or obtaining copies.
1200.4 PROCESSING REQUESTS FOR PUBLIC RECORDS
Any employee who receives a request for any record shall route the request to the City Clerk or
the authorized designee.
1200.4.1 REQUESTS FOR RECORDS
The processing of requests for any record is subject to the following:
(a) All requests should be made in writing or on a form supplied by the City.
(b) Clarification may be sought if the request is unreasonably broad or unclear.
(c) Inspection of records should be during regular business hours unless otherwise
authorized by the City Clerk.
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(d) Records should be made available in a format readily accessible to the requester.
Records may also be made available in a specific format requested and a fee charged
for reasonable costs of any required processing.
(e) Records should be provided or a denial provided to a requester within a reasonable
period of time.
1. If a delay in providing records is anticipated, the requester should be provided
a written response with the reason for the delay and the anticipated date the
records will be provided.
(f) Fees should be charged as allowed by law and established by the City.
(g) The City is not required to create records that do not exist.
(h) When a record contains material with release restrictions and material that is not
subject to release restrictions, the restricted material shall be redacted and the
unrestricted material released.
1. A copy of the redacted release should be maintained in the city file for proof
of what was actually released and as a place to document the reasons for the
redactions. If the record is audio or video, a copy of the redacted audio/video
release should be maintained in the city -approved media storage system and
a notation should be made in the file to document the release and the reasons
for the redacted portions.
1200.4.2 DENIALS
The denial of a request for records should be documented and include:
(a) A description of the records requested.
(b) The specific reasons for the denial.
(c) The name, title, and signature of the City Clerk.
(d) The procedure to appeal the denial.
1200.5 RELEASE RESTRICTIONS
Examples of release restrictions include:
(a) Any personal identifying information, including an individual's photograph; Social
Security and driver identification numbers; name, address, and telephone number;
and medical or disability information that is contained in any city record, except as
authorized by the City, and only when such use or disclosure is permitted or required
by law to carry out a legitimate government purpose.
(b) Certain personnel information, including but not limited to an employee's residential
address and telephone number, Social Security number, marital status, medical
history, confidential recommendations for employment, and performance evaluation
history.
(c) Records pertaining to internal investigations and disciplinary matters, including but
not limited to complaints and other records relating to allegations of discrimination,
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harassment, or retaliation, until the investigation is complete or is made part of the
official record of any hearing or court proceeding.
(d) Certain 9-1-1 records.
(e) Audio and video recordings obtained through use of body -worn cameras by law
enforcement officers, except as provided by statute.
(f) Certain concealed firearm license/permit information of an applicant.
(g) Records concerning security plans, procedures, assessments, measures, or systems,
and other records relating to the security of persons, structures, facilities,
infrastructure, or information technology systems that could reasonably be expected
to be detrimental to the public's safety or welfare.
(h) Records pertaining to strategy or negotiations related to labor relations, employment
contracts, or collective bargaining and related arbitration proceedings.
(i) Drafts, notes, recommendations, or intra-governmental memorandums pertaining
to the development of resolutions, regulations, statements of policy, management
directives, ordinances, or amendments prepared by or for the City.
(j) Records where disclosure would be detrimental to the best interests of the public.
(k) Records pertaining to pending or potential litigation that are not records of any court.
(1) Any other information that may be appropriately denied by federal or state law.
1200.6 SUBPOENAS AND DISCOVERY REQUESTS
Any employee who receives a subpoena duces tecum or discovery request for records should
promptly contact a supervisor and the City Clerk for review and processing. While a subpoena
duces tecum may ultimately be subject to compliance, it is not an order from the court that will
automatically require the release of the requested information.
Generally, discovery requests and subpoenas should be referred to the Mayor or the authorized
designee.
All questions regarding compliance with any subpoena duces tecum or discovery request should
be promptly referred to the Mayor or legal counsel so that a timely response can be prepared.
1200.7 RELEASED RECORDS TO BE MARKED
Each page of any written record released pursuant to this policy should be stamped in a colored
ink or otherwise marked to indicate the city name and to whom the record was released.
Each audio/video recording released should include the city name and to whom the record was
released.
1200.8 SECURITY BREACHES
Employees who become aware that any city records system may have been breached should
notify the City Clerk as soon as practicable.
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The City Clerk shall ensure any required notice of the breach is given.
If the breach reasonably appears to have been made to protected information covered in the
Protected Information Policy, the City Clerk should promptly notify the appropriate employee
designated to oversee the security of protected information (see the Protected Information Policy).
1200.9 EXPUNGEMENT
The City Clerk shall review all court orders and other filings that pertain to the expungement or
sealing of records for appropriate action. Once a record is expunged or sealed, employees shall
respond to any inquiry as though the record did not exist.
1200.10 TRAINING
Employees authorized to manage, release, or facilitate public access to city records should receive
training that includes identification of material appropriate for release or public access and the city
systems and procedures guiding such release and access.
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Protected Information
1201.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the access, transmission, release, and
security of protected information by employees of the City. This policy addresses the protected
information that is used in the day-to-day operation of the City and not the public records
information covered in the Records Maintenance and Release Policy.
1201.1.1 DEFINITIONS
Definitions related to this policy include:
Protected information - Any information or data that is collected, stored, or accessed by
employees of the City and is subject to any access or release restrictions imposed by law,
regulation, order, or use agreement. This includes all information contained in federal, state, or
local databases that is not accessible to the public.
1201.2 POLICY
Employees of the City will adhere to all applicable laws, orders, regulations, use agreements, and
training related to the access, use, dissemination, and release of protected information.
1201.3 RESPONSIBILITIES
The department head should designate a_ department n employee of the City to coordinate the
use of protected information specific to that department ; including:
(a) Overseeing employee compliance with this policy and with requirements applicable
to protected information.
(b) Developing, disseminating, and maintaining procedures necessary to comply with any
requirements for the access, use, dissemination, release, and security of protected
information.
(c) Developing procedures to ensure training and certification requirements are met.
(d) Resolving specific questions that arise regarding authorized recipients of protected
information.
(e) Implementing security practices and procedures to comply with requirements
applicable to protected information.
1201.4 ACCESS TO PROTECTED INFORMATION
Protected information shall not be accessed in violation of any law, order, regulation, use
agreement, city policy, or training. Only those employees who have completed applicable training
and met any applicable requirements, such as a background check, may access protected
information, and only when the employee has a legitimate work -related reason for such access.
Unauthorized access, including access for other than a legitimate work -related purpose, is
prohibited.
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1201.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION
Protected information may be released only to authorized recipients who have both a lawful right
to know and need to know.
An employee who is asked to release protected information that should not be released should
refer the requesting person to a supervisor or to the City Clerk for information regarding a formal
request.
1201.6 SECURITY OF PROTECTED INFORMATION
The department head should designate a_ department n employee of the specific department to
oversee the security of protected information, including:
(a) Developing and maintaining security practices, procedures, and training.
(b) Maintaining compliance with any federal, state, and local requirements pertaining to
the security of protected information.
(c) Establishing procedures to provide for the preparation, prevention, detection, analysis,
and containment of security incidents, including cyberattacks.
(d) Tracking, documenting, and reporting all breach of security incidents to the Cit
Clerk and appropriate authorities.
1201.6.1 EMPLOYEE RESPONSIBILITIES
Employees accessing or receiving protected information shall ensure the information is not
accessed or received by persons who are not authorized to access or receive it. This includes not
leaving protected information, such as documents or computer databases, accessible to others
when it is reasonably foreseeable that unauthorized access may occur (e.g., on an unattended
table or desk, in or on an unattended vehicle, in an unlocked desk drawer or file cabinet, on an
unattended computer terminal).
1201.7 TRAINING
All employees authorized to access or release protected information shall complete a training
program that complies with any protected information system requirements and identifies
authorized access and use of protected information, as well as its proper handling and
dissemination.
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Personnel Records
1202.1 PURPOSE AND SCOPE
This policy governs maintenance and access to personnel records. Personnel records include any
file maintained under an individual employee's name.
1202.2 POLICY
It is the policy of the City to maintain personnel records and preserve the confidentiality of
personnel records pursuant to the Constitution and the laws of this state.
1202.3 PERSONNEL FILE
A personnel file shall be maintained by the Human Resources department as a record of a person's
employment/appointment with this city. The personnel file may should contain_
(a) Personal data, including photographs, marital status, names of family members,
educational and employment history, or similar information.
(b) Election of employee benefits.
(c) Personnel action reports reflecting assignments, promotions, and other changes in
employment/appointment status.
(d) Original performance evaluations.
(e) Discipline records, including copies of sustained personnel complaints.
(f) Adverse comments such as supervisor notes or memos may be retained in the city
file after the employee has had the opportunity to read and initial the comment.
1. Once an employee has had an opportunity to read and initial any adverse
comment, the employee shall be given the opportunity to respond in writing to
the adverse comment.
2. Any employee response shall be attached to and retained with the original
adverse comment.
3. If an employee refuses to initial or sign an adverse comment, at least one
supervisor should note the date and time of such refusal on the original
comment. Such a refusal, however, shall not be deemed insubordination, nor
shall it prohibit the entry of the adverse comment into the employee's file.
(g) Commendations and awards.
(h) Any other information, the disclosure of which would constitute an unwarranted
invasion of personal privacy.
1202.4 DEPARTMENT, DIVISION, OR AGENCY FILE
Department files may be separately maintained internally by an employee's supervisor for the
purpose of completing timely performance evaluations. The file may contain supervisor comments,
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notes, notices to correct, and other materials that are intended to serve as a foundation for the
completion of timely performance evaluations.
1202.5 MEDICAL FILE
A medical file shall be maintained separately from all other personnel records and shall contain all
documents relating to the employee's medical condition and history, including but not limited to
(a) Materials relating to a medical leave of absence, including leave under the Family and
Medical Leave Act (FMLA).
(b) Documents relating to workers' compensation claims or the receipt of short- or long-
term disability benefits.
(c) Fitness -for -duty examinations, psychological and physical examinations, follow-up
inquiries, and related documents.
(d) Medical release forms, doctor's slips, and attendance records that reveal an
employee's medical condition.
(e) Any other documents or materials that reveal the employee's medical history or
medical condition, including past, present, or future anticipated mental, psychological,
or physical limitations.
1202.6 SECURITY
Personnel records should be maintained in a secured location and locked either in a cabinet
or access -controlled room. Personnel records maintained in an electronic format should have
adequate password protection.
Personnel records are subject to disclosure only as provided in this policy, the Records
Maintenance and Release Policy, or according to applicable discovery procedures.
Nothing in this policy is intended to preclude review of personnel records by the Human Resources
Director or representatives of the City in connection with official business.
1202.6.1 REQUESTS FOR DISCLOSURE
Any employee receiving a request for a personnel record shall promptly notify the Human
Resources Director or other person charged with the maintenance of such records.
Upon receipt of any such request, the responsible person shall notify the affected employee as
soon as practicable that such a request has been made.
The responsible person shall further ensure that an appropriate response to the request is made
in a timely manner, consistent with applicable law. In many cases, this may require assistance
of available legal counsel.
All requests for disclosure that result in access to an employee's personnel records shall be logged
in the corresponding file.
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1202.7 EMPLOYEES' ACCESS TO THEIR PERSONNEL RECORDS
Employees may request access to their own personnel records during the normal business hours
of those responsible for maintaining such files. Employees seeking the removal of any item from
their personnel records should file a written request to the Human Resources Director. The City
should remove any such item if appropriate, or within 30 days provide the employee with a written
explanation of why the contested item will not be removed. If the contested item is not removed
from the file, the employee's request and the written response from the City should be retained
with the contested item in the employee's corresponding personnel record.
Employees may be restricted from accessing files containing certain information (e.g., ongoing
investigations to the extent that it could jeopardize or compromise the investigation).
1202.8 RETENTION AND PURGING
Personnel records shall be maintained in accordance with the established records retention
schedule:
(a) During the preparation of each employee's performance evaluation, all personnel
complaints and disciplinary actions should be reviewed to determine the relevancy,
if any, to progressive discipline, training, and career development. Each supervisor
responsible for completing the employee's performance evaluation should determine
whether any prior sustained disciplinary file should be retained beyond the required
period for reasons other than pending litigation or other ongoing legal proceedings.
(b) If a supervisor determines that records of prior discipline should be retained beyond
the required period, approval for such retention should be obtained from the Human
Resources Director and the Citv Attornev.
(c) If, in the opinion of the Human Resources Director and the City Attorney, a personnel
complaint or disciplinary action maintained beyond the required retention period is no
longer relevant, all records of such matter may be destroyed in accordance with the
established records retention schedule.
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Chapter 13 - Appendices
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Appendix A: Organizational Chart and
Department Breakdown
1300.1 ORGANIZATIONAL CHART
Mayer
Records/
Customer
Services
Parks
Recreation
Cultural
Arts
Human
Resources
Planning &
Zaning
Economic
t]eraelapment
Building
Citizens of
Rexburg
City Council
1
�1
1
Financial .� 1
Management 1
_ 1
1
- 1
GIS 1
1
1
1
1
information 1
Technology
1
_ 1
i
Public 1
Works
1
1
1
1
1
ESD Board 1
1 1
1
Madison Fire � a
Department
City of Rexburg
Government Policy Manual
Appendix A: Organizational Chart and Department Breakdown
1300.2 DEPARTMENT BREAKDOWN
Department Breakdown
-I r T-) --71
Public Works Cultural Arts
Administration Arts
Administration
Museum Tabernacle
Engineering Maintenance of Rexburg Civic Center
Romance
Shop Sanitation
Wastewater
Collections 1 0
Water
Police
Administration
Streets
Wastewater
Treatment
Airport
Police Patrol Community
policing
Police AnlMal Control
Detectives
-J Z.,
F-- ---- I
Recreation
L
Recreation
Administration
The Zone E-- The Carousel
KiIdsbM 1 0 1 Golf
Rexburg
RaIA&
Ma
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Appendix A: Organizational Chart and Department Breakdown
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Appendix B: Consanguinity Chart
1301.1
All relatives classified as "l" or "2" (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
1
Child
2
Grandchild
3
Great
Grandchild
4
Great Grand
Uncle/Aunt
3
3
Great
Child of Great
Uncle/Aunt
Uncle/Aunt
2
2
3
Uncle/Aunt
Cousin
Second
Cousin
1 '
2
3
Sibling
Nephew or
Cousin's
Niece
Child
3
Grand
Nephew/Niece
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Appendix C: FLSA Exempt Positions
1302.1
Department
Position
Building
Building Official
Cultural Arts
Cultural Arts Director
Economic Development
Economic Development Director, Economic
Development Assistant
Engineering
City Engineer, Staff Engineer
Financial Management
Chief Financial Officer, Deputy Treasurer/Controller
GIS
GIS Manager, GIS Analyst I, GIS Analyst II
HR
Human Resources Director
IT
CIO, IT Systems Administrator, IT Operations
Manager, IT Support Center Lead Technician
Legal
City Attorney, Deputy City Attorney
Madison Fire Department
Chief, Assistant Chiefs
Parks
Parks Supervisor, Parks Assistant Supervisor
Golf
Golf Pro, Ground Maintenance Manager
Planning and Zoning
Planning Director
Police
Chief, Assistant Chief, All Lieutenants
Recreation
Recreation Director, Recreation Aquatic Center/
Facilities Coordinator/Manager, Recreation Event/
Facilities Coordinator/Manager
Public Works
Public Works Director, Assistant Director, Building
Maintenance Coordinator, Asset Management
System Administrator
Streets
Street Foreman
Water
Water Foreman
Wastewater
WW Treatment Foreman, WW Treatment Assistant
Foreman, WW Collection Foreman
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Appendix D: Department Heads
1303.1
Department
Title
Building
Building Official
Cultural Arts
Cultural Arts Director
Customer Services
City Clerk
Economic Development
Economic Development Director
Financial Management
Chief Financial Officer & Treasurer
Geographic Information Systems*
GIS Manager
Human Resources
Human Resources Director
Information Technology
Chief Information Technology Officer
Legal
City Attorney
Madison Fire Department**
MFD Chief
Parks/Golf
Parks Director
Police
Police Chief
Planning
City Planner
Public Works
Chief Engineer/Public Works Director
Recreation
Recreation Director
*GIS Manager is jointly appointed by the City and County.
**MFD Chief is appointed by a vote of the full Emergency Services Board.
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Appendix
Raise
E: Certifications That Merit A Step-
1304.1
All certifications must be pre -approved and scheduled by the Department Head. The City will only
pay for the first testing of licensing exams for the Public Works Department. Any part of a raise,
regardless of the reason for the raise, that will move the base salary beyond step 41 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 41 of their pay range. Certification increases are 4% unless otherwise stated.
Department Certifications
Employees Allowed
Building
I.C.0 Building Official
Inspector III
APA Certification
Inspector III
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. Plan Review
All Inspectors
I.C.C. Permit Technician
All Inspectors
Customer Service
Idaho Certified Municipal Clerk
Deputy Clerk, City Clerk
Idaho Advanced Clerk
Deputy Clerk, City Clerk
Economic Development
CEcD
Director and Assistant 6%
Engineering
PE
All personnel 12%
Financial Management
Idaho Certified Finance Officer
CFO & Deputy Treasurer/Controller and all other
Financial Positions as approved by CFO
Idaho Certified Advance Finance Officer
CFO & Deputy Treasurer/Controller and all other
Financial Positions as approved by CFO
Master's Degree -MBA, MPA, or MAcc
CFO & Deputy CFO and all other Financial
Positions as approved by CFO
Certified Public Accountant (CPA)
Accountant as approved by CFO
Geographic Information Systems
none
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Appendix E: Certifications That Merit A Step -Raise
Human Resources
IPMA-SCP or IPMA-CP All FT Personnel
Information Technology
Only one certification related step -raise would be awarded within a 24 month period.
The City of Rexburg will reimburse the employee for the cost of passed exams up to
$750 in the 24 month period. Some professional development funds may be available to
assist employees with the cost of education. The employee who receives professional
development assistance from the City of Rexburg, must continue employment with
the City for 12 months from the date of the most recent disbursement related to the
certification or be subject to reimburse the City for the expenses.
All step -raises are 4% unless otherwise noted.
• CompTIA Network+ (2%)
• HP FlexNetwork Architect
• Cisco Certified Network Administrator (CCNA)
• Cisco Certified Network Professional (CCNP)
• Cisco Certified Internetwork Expert (CCIE)
• Juniper Networks Certified Associate - Junos (JNCIA-Junos)
• Juniper Networks Certified Specialist Enterprise Routing and Switching (JNCIS-ENT)
• Certified Wireless Network Administrator (CWNA)
• Certified Wireless Design Professional (CWDP)
• Fortinet NSE
• CompTIA Security+ (2%)
• Certified Ethical Hacker
• GIAC Security Essentials
• Microsoft Certified Solutions Associate (MCSA)
• Microsoft Certified Solutions Expert (MCSE)
• CompTIA Linux+ (2%)
• CompTIA Server+ (2%)
• LIPC-3
• CompTIA A+ (2%)
• Microsoft Technology Associate (MTA) ( 2
• (20/D) Microsoft Office Specialist Expert
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Appendix E: Certifications That Merit A Step -Raise
Legal
none
Madison Fire Department
All Firemen if pre -approved by Dept. Head
Credentialed as EMT with Modules
2%
Credentialed as AEMT
4%
Credentialed as Paramedic
4%
Paramedic at 5 years certified (time at MFD)
4%
Paramedic at 10 years certified (time at MFD)
4%
Credentialed as Critical Care Paramedic
6% (upon completion of both National Certification
and Department Certification
Credentialed as Driver/Operator (IFSAC)
4%
Wildland Engine Boss (ENGB) (NWCG)
4%
Firefighter II Certification (IFSAC/Pro Board)
2%
Hazardous Materials Technician (IFSAC/Pro
Board)
2%
Credentialed as Aerial Apparatus Operator
(accredited curriculum)
2%
Rope Rescue Technician (accredited curriculum)
2% (raise only given upon completion of final
Technician level)
Confined Space Rescue Technician (accredited
curriculum)
2% (raise only given upon completion of final
Technician level)
Swift Water Rescue Technician (accredited
curriculum)
2% (raise only given upon completion of final
Technician level)
Accredited Bachelor's Degree in an applicable field
4%
Accredited Master's Degree in an applicable field
4%
Executive Fire Officer
4%
Advancement to Lieutenant, Captain, Fire
Inspector, and Emergency Manager/Training
Officer
4% (advancement is by promotional appointment)
Advancement to Lieutenant, Captain, Fire
Inspector, Emergency Manager, Battalion Chief,
Division Chief
4% (advancement is by promotional appointment)
Fire Equipment Mechanic I, II, III
2% for each level plus grade change (Mechanic
Only)
Ambulance Equipment Mechanic I, II, III
2% for each level plus grade change (Mechanic
Only)
In addition to the "Minimum Qualifications" 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.
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Appendix E: Certifications That Merit A Step -Raise
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).
Parks
Golf Grounds Manager
GCSAA Certification
Police Department
NACA 100 Level 2 only
Animal Control Office I & II
Basic
All commissioned officers
Intermediate
All commissioned officers
Advanced
All commissioned officers
Supervisor
5
Management
13
Executive
Chief
FBI Academy
All commissioned officers
Master Patrolman
All commissioned officers
Grade promotions are offered for specialties within the Police Department. These specialties
and promotions are determined/assigned by the Police Chief in a separate chart/policy within
the police department.
Planning
AICP
Director and Planner 1
ICC Permit Technician
Administrative Assistant
Public Works Director
none
Recreation
(CPRP) Certified parks and rec professional
All FT personnel
Master's Degree
All FT personnel
NRPA Event Management School (Two-year Cert)
Coordinator
NRPA supervisor / Manager school (1 year
Program) (Can be taken in place of conference)
Manager
(CPRE) Certified parks and rec executive
Director
NRPA Directors school (Two-year cert) (Can be
taken in place of conference)
Director
Sanitation Department
none
Shop
none
Street Department
Road Scholar
All personnel
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Appendix E: Certifications That Merit A Step -Raise
WasteWater
Department
Wastewater DepartmeW
Treatment Class I
All personnel
Treatment Class II
All personnel
Treatment Class III
up to 3 approved by PWD
Treatment Class IV
up to 3 approved by PWD
Collection I
All personnel
Collection II
All personnel
Collection III
up to 3 approved by PWD
Collection IV
up to 3 approved by PWD
Laboratory Technician 1
2
Laboratory Technician II
2
City of Rexburg Wastewater Treatment and Collection Departments will give up to a
maximum of 4 applicable certification 4% increases for all personnel. Grade changes are
only available as positions are open. Above is a list of positions.
Water Department
Operations Class I
All personnel
Back Flow
up to 3 approved by PWD
Operations Class II
All personnel
Operations Class III
All personnel
City of Rexburg Water Department will give up to a maximum of 3 applicable certification 4%
increases for all personnel. Grade changes are only available as positions are open. Above
is a list of positions.
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Government Policy Manual
INDEX / TOPICS
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Published with permission by City of Rexburg