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08-29-2006 City Council Study Session PacketCity of Grand Island Tuesday, August 29, 2006 Study Session Packet City Council:Mayor: Jay Vavricek City Administrator: Gary Greer City Clerk: RaNae Edwards T u 7:00:00 PM Council Chambers - City Hall 100 East First Street Carole Cornelius Peg Gilbert Joyce Haase Margaret Hornady Robert Meyer Mitchell Nickerson Don Pauly Jackie Pielstick Scott Walker Fred Whitesides City of Grand Island City Council Call to Order Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Invocation - Associate Pastor Cheryl Lamb, First Presbyterian Church, 2103 West Anna Street MAYOR COMMUNICATION This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community. City of Grand Island City Council Item -1 Waste Water Treatment Plant Update Regarding Aerated Static Pile Composting and Anaerobic Digestion Tuesday, August 29, 2006 Study Session City of Grand Island Staff Contact: Steven P. Riehle, Public Works Director City of Grand Island City Council Council Agenda Memo From: Steven P. Riehle, Public Works Director Meeting: August 29, 2006 Subject: Waste Water Treatment Plant Update Regarding Aerated Static Pile Composting and Anaerobic Digestion Item #’s: 1 Presenter(s): Steven P. Riehle, Public Works Director Background On June 6, 2006, CH2MHill updated the city council on the facility plan for the Grand Island Waste Water Treatment Plant. The consultant recommended the following: · Implement anaerobic digestion at the appropriate time · Pursue financing with revenue bonds to speed implementation · Continue with aerated static pile composting by improving existing compost area · Continue landfilling remainder of sludge until digesters are constructed Administration was directed to review financing options for the recommended improvements. Discussion CH2MHILL economists and engineers in coordination with city staff reviewed the financial records for the division and will present the following: Financial Analysis Background - City’s Current Budget Goals & Objectives Financial Rate Analysis Financial Model Outputs City’s Top Waste Water Customers Loading Scenarios Rate Increase Assumptions Scenario No. 1 – (Present situation) Scenario No. 2 (Expected Situation) Scenarios Remaining Packing Plant – Solids Loading Wastewater Treatment Plant Loading Variability Approach to Implementation Take – Or – Pay Evaluation Recommendations Conclusion This item is presented to the City Council in a Study Session to allow for any questions to be answered and to create a greater understanding of the issue at hand. Direction concerning the short term and long term recommendations will be determined at a future city council meeting. 1 Grand Island’s Wastewater Treatment Plant Facility Plan Update Solids Handling Improvements Grand Island’s Wastewater Treatment PlantGrand Island’s Wastewater Treatment Plant Facility Plan Update Facility Plan Update Solids Handling ImprovementsSolids Handling Improvements August 29, 2006 Presentation OverviewPresentation OverviewPresentation Overview •Review of previous presentations •Financial analysis & WW rates •Evaluation of solids loading variability •Recommendations •Questions 2 Previous Presentations to City Council (January 2006 and June 2006) Previous Presentations to City Council Previous Presentations to City Council (January 2006 and June 2006)(January 2006 and June 2006) •WWTP’s Challenges and Response –UV Facility Design and Construction –Facility Plan Update –Short-Term Sludge Handling Changes •Landfilling •Pilot Composting Unit: Aerated Static Pile –WWTP in compliance with permit limits Previous Presentation to City Council Status of Solids Handling Options Previous Presentation to City Council Previous Presentation to City Council Status of Solids Handling OptionsStatus of Solids Handling Options •Three previously short-listed processes: –Anaerobic Digestion •Conventional Anaerobic Digestion •Acid-Gas (Two-Phase) Anaerobic Digestion –Aerated Static Pile •On-site, at the WWTP –Landfill Disposal 3 Previous Presentation Recommendation Anaerobic Digestion (plus…) Previous Presentation RecommendationPrevious Presentation Recommendation Anaerobic Digestion (plus…)Anaerobic Digestion (plus…) •Implement anaerobic digesters as a long term solution, use 10 year implementation •Implement short term improvements –Aerated static pile composting (~25% of solids) –Continue landfilling of remainder of solids •Reasoning for short-term improvements –Reduces landfill fees and trucking costs (short-term) –Operational Flexibility: Use as storage during inclement weather –May delay need for digestion project expansion –Gives a head-start to class A sludge (potential future requirement) •Finance with revenue bonds to allow fast implementation UV projectUV projectUV project Kennel ClubKennel Club Swift RoadSwift Road NORTH Grand Island Wastewater Treatment Plant Utility DitchUtility Ditch New Acid-Gas Anaerobic Digestion Facility New Aerated Static Pile Compost Facility 4 Financial AnalysisFinancial AnalysisFinancial Analysis Background – City’s Current BudgetBackground Background ––City’s Current BudgetCity’s Current Budget •Conservatively managed budget •Low debt ratio at 35% (Normal 50-60%) •Pay-as-you-go projects have been implemented since 1995 without major rate increases •Wastewater rates are mid-level compared to other cities 5 Analysis Goals & ObjectivesAnalysis Goals & ObjectivesAnalysis Goals & Objectives •Evaluate funding for proposed Capital Improvement Projects (CIP) (Digesters and Composting) •Review adequacy of existing rates to generate sufficient revenues •Determine level and timing of debt financing •Propose rate increases •Develop Financial Model to aid in the analysis Financial Rate AnalysisFinancial Rate Analysis Key Parameters: •Maintain cash balance of 120 days of operating reserves •Level and timing of debt funding – limit debt funding to cost of Digesters and Composting •Available revenue must be 1.25 times the debt service (bond covenant) •Maintain $1.2M for Capital Improvement Program (CIP) for other projects 6 City’s Top Wastewater CustomersCity’s Top Wastewater CustomersCity’s Top Wastewater Customers •Sewer Service Fee Customers by Percentage of Contributing Revenue Packing Plant (57%) Food Processing (4%) Implement Mfr. (1%) All Other Customers (38%) Loading ScenariosLoading ScenariosLoading Scenarios •Plant loading makes a significant impact in the analysis. •3 variables evaluated –Packing plant continues as-is –Packing plant reduces loading (lagoon) –Packing plant no longer a customer 7 Rate Increase AssumptionsRate Increase AssumptionsRate Increase Assumptions •Rate increases above the consumer price index (CPI) were spread over the 2 year project implementation period •Thereafter rates stay close to the CPI –Previous rate increases average 2.9% –Consumer Price Index average 2.6% –For the years 1997 through 2006 Model OutputsModel OutputsModel Outputs 8 Scenario 1 (present situation)Scenario 1 (present situation)Scenario 1 (present situation) •Loading remains at present levels •Projects: Digesters & Compost •Highest available capital ($37.3m, for 10 year period) •Savings ~$1m per year (compared to landfilling) •Largest debt ($12.8m) •20 year debt repayment Rate Increases: 5.5% in 2008 and 2009 Scenario 2 (Reduced Loading)Scenario 2 (Reduced Loading)Scenario 2 (Reduced Loading) •Loading and revenue reduced •Projects: Digesters & Compost •CIP available ($28.4m, for 10 year period) •Savings ~$0.5m per year compared to landfilling •Large debt ($9.6m) •20 year debt repayment Rate Increases: 5.5% in 2008, 2009, and 2010 9 Remaining ScenariosRemaining ScenariosRemaining Scenarios •Continuing with landfilling reduces available CIP by $0.5m to $1m annually •Least “financial risk” is to proceed with ASP composting. Selection of Digesters based on quantitative and qualitative analysis. (odors, operation, cost, etc.) •A “significant” drop in loading would require a significant rate increase to cover operational costs and debt service. Packing Plant Solids Loading – Last 10 years Packing PlantPacking Plant Solids Loading Solids Loading ––Last 10 yearsLast 10 years 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,000,000 1,100,000 1,200,000 1,300,000 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 DateDollars or Pounds of BODBOD Loading (lbs/month) Sewer Service Fee ($/month) 10 WWTP Loading VariabilityWWTP Loading VariabilityWWTP Loading Variability 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 1,000,000 1,100,000 1,200,000 1,300,000 2000 2001 2002 2003 2004 2005 2006 2007 2008 YearDollars or PoundsNew Lagoon Construction Revenue ($) BOD Loading (lbs) WWTP Loading Variability Approach to Implementation WWTP Loading VariabilityWWTP Loading Variability Approach to ImplementationApproach to Implementation •All current customers remain •Construction of packing plant lagoon to be decided within next 3 to 6 months •Because the packing plant is a significant customer (50% of the loading), the City must protect its investment interests •Implement a take-or-pay type of agreement similar to the 1994 agreement 11 WWTP Loading Variability Take-or-Pay Evaluation WWTP Loading VariabilityWWTP Loading Variability TakeTake--oror--Pay EvaluationPay Evaluation •Agreement protects city’s interest when financing improvements •Customers continue to discharge and pay bills. •Ensures adequate revenue even with a drop in loading RecommendationsRecommendationsRecommendations 12 Solid Handling RecommendationsSolid Handling RecommendationsSolid Handling Recommendations •Implement short-term aerated static pile composting improvements immediately. –Allows best savings over landfill alone –long-term operational benefits: loading variability and wet weather storage •Provide financing of ASP composting with revenue bonds •Debt $2.1 million (Composting only) Solid Handling RecommendationsSolid Handling RecommendationsSolid Handling Recommendations •Obtain Take-or-Pay agreement from packing plant customer –Use previous agreement as a guide –Longer term required to match improvements –Consider rate structure changes 13 Solid Handling RecommendationsSolid Handling RecommendationsSolid Handling Recommendations •Work with packing plant customer to conservatively size digester project for 10 year loading projection –Second digester expansion necessary in 2017 –Use 2-phase digestion to minimize capital costs and provide other benefits. Solid Handling RecommendationsSolid Handling RecommendationsSolid Handling Recommendations •If loading remains at current levels, implement rate increases of 5.5% in 2008 and 2009 •If loading decreases, implement rate increases of 5.5% in 2008, 2009, and 2010. –Thereafter use the higher rate of either the consumer price index (CPI) or 2.6% –A rate increase of 3.0% was previously approved for 2007 14 Facility Upgrades (Digesters & Composting) 45% Ongoing Replacements 11% Cost of Inflation (CPI) 44% Residential Customer Rates (Example)Residential Customer Rates (Example)Residential Customer Rates (Example) $ 2.38 Net Increase $18.62 $16.24 Total Charges $1.43 $1.25 Consumption Fee - $/hcf $8.66 $7.55 Fixed Fee 5,200 gallons 5,200 gallons Monthly Water Usage FY 2009FY 2006 Residential Customer $2.38 (100%) Rate Increases, 3% in 2007, and 5.5% in 2008 & 2009 (1 hcf = 748 gallons) Taxes not included Solid Handling RecommendationsSolid Handling RecommendationsSolid Handling Recommendations •Provide financing of digesters with revenue bonds •Debt –Current Loading: $10.7 million (Digestion only) –Reduced Loading: $8.9 million (Digestion only) •Implement anaerobic digestion project, but only if the Take-or-Pay agreement and the loading sizing has been finalized. 15 Questions?Questions?Questions? Item -2 Update Concerning Employee Handbook Tuesday, August 29, 2006 Study Session City of Grand Island Staff Contact: Brenda Sutherland City of Grand Island City Council Council Agenda Memo From: Brenda Sutherland, Human Resources Director Meeting: September 29, 2006 Subject: Personnel Rules Revision Item #’s: 2 Presenter(s): Brenda Sutherland, Human Resources Director Background The City Council, pursuant to Chapter 2 of the City Code under section 2-19 (4), has the authority to adopt appropriate personnel rules and amend such rules in the same manner from time to time. These rules and regulations have been the employment policies at the City. The personnel rules have been updated many times over the years to reflect changes in the law and also management philosophies. In addition to the personnel rules there have also been administrative policies that have been adopted by past administrations to provide guidance and policy direction in day to day operations. Discussion Some of the proposed changes are the addition of administrative policies being incorporated into the Personnel Rules. Others are changes to the current policy. All changes are in red. There are a few areas that are in red because they moved from one part of the manual to another i.e. FMLA. It is the exact same policy as before just in a different spot. Some of the more notable changes are in the following areas: · Dress code policy · No smoking policy · Community leave bank policy · Sick leave will now be referred to as medical leave · Formal addition of “probationary status” · Changes in the reduction of force policy · Computer network policy · Telephone usage policy · Political activity policy · Employment of relatives – changed to Nepotism policy · Reimbursable business travel expense · Interview and relocation expenses · City Hall closure policy · Compensation for unused sick leave at retirement · Removal of retiree health insurance · Tuition reimbursement · Bilingual pay It is important to note that while there are policy changes that reflect an increase in the amount of the benefit the expenditure still has to be approved through the budget process. Conclusion This item is presented to the City Council in a Study Session to allow for any questions to be answered and to create a greater understanding of the issue at hand. It is the intent of City Administration to bring this issue to a future council meeting for the approval of proposed changes on September 12, 2006. - 1 - PERSONNEL RULES AND REGULATIONSEmployee Handbook Revised October 1, 2006 - 2 - TABLE OF CONTENTS CHAPTER ONE Personnel Management Section 1.01 ............................................................................................Welcome .................................................................................................................................1 Section 1.02 ........................................................................................Legal Effect .................................................................................................................................1 Section 1.03 .....................................................Equal Employment Opportunity .................................................................................................................................1 Section 1.04 ..................................................................................................Scope .................................................................................................................................2 Section 1.05 ....................................................................Mayor and City Council .................................................................................................................................2 CHAPTER TWO General Policies Section 2.01 ..........................................................................Application Process .................................................................................................................................3 Section 2.02 .......................................Sexual and Other Unlawful Harassment .................................................................................................................................4 Section 2.03 ........................................................................Drug-free Workplace .................................................................................................................................5 Section 2.04 ............................................................................Dress Code Policy Section 2.05 .................................................................................Tobacco Policy Section 2.06 ......................................................Community Leave Bank Policy - 3 - CHAPTER THREE Operations Section 3.01 ...............................................Corrective and Disciplinary Actions .................................................................................................................................6 Section 3.02 ...................................................Discipline and Appeal Procedure .................................................................................................................................8 Section 3.03 ......................................................................Employee Grievances ..............................................................................................................................12 Section 3.04 ........................................Resignations, Retirements and Layoffs ..............................................................................................................................13 Section 3.05 .............................................Use of City Property and Equipment Section 3.06 ...............................City Government Computer Network Policy ..............................................................................................................................15 Section 3.07 ..............................................................................Telephone usage Section 3.08 .................................................................................Political Activity ..............................................................................................................................15 Section 3.09 .................................................................Employee Organizations ..............................................................................................................................15 Section 3.10 .........................................................Safety and Risk Management ..............................................................................................................................15 Section 3.11 ..................................................................Worker's Compensation ..............................................................................................................................16 Section 3.12 ..........................................................................................Residency ..............................................................................................................................16 Section 3.13 .................................................................Employment of Relatives ..............................................................................................................................17 Section 3.14 ........................................................................Outside Employment ..............................................................................................................................17 Section 3.15 ....................................Reimbursable Business Travel Expenses Section 3.16 ...........................Allowable Interview and Relocation Expenses - 4 - Section 3.17 ............................................Family and Medical Leave Act Policy Section 3.18 ...............................................................................City Hall Closure Section 3.19 ........................................................................................Dress Code ..............................................................................................................................17 Position Classification .......................................................................................17 Section 3.20 ..................................................................Employment Categories ..............................................................................................................................18 Section 3.21 ...........................................................................Introductory Period ..............................................................................................................................19 Section 3.22 ..................................................................................Regular Status ..............................................................................................................................19 Section 3.23 ...................................................................................Hours of Work ..............................................................................................................................20 CHAPTER FOUR LEAVE POLICIES Section 4.01 ..................................................................................................Leave ..............................................................................................................................22 Section 4.02 ....................................................................................Paid Holidays ..............................................................................................................................23 Section 4.03 .................................................................................Vacation Leave ..............................................................................................................................24 Section 4.04 ..........................................................................Medical Sick Leave ..............................................................................................................................25 Section 4.05 ...................................................................................Funeral Leave ..............................................................................................................................28 Section 4.06 .......................................................................................Court Leave ..............................................................................................................................28 Section 4.07 ........................................................................Administrative Leave ..............................................................................................................................29 Section 4.08 ....................................................................................Military Leave ..............................................................................................................................29 - 5 - Section 4.09 ..................................................................................Accident Leave ..............................................................................................................................29 Section 4.10 .............................................................................Leave of Absence ..............................................................................................................................30 Section 4.11 .......................................................................Personal Leave Days ..............................................................................................................................30 Section 4.12 .............................................................................Convenience Day ..............................................................................................................................31 CHAPTER 5 - BENEFITS Section 5.01 ...............................................................................Health Insurance ..............................................................................................................................31 Section 5.02 ....................................................Life/Accidental Death Insurance ..............................................................................................................................31 Section 5.03 ....................................................................................Cafeteria Plan ..............................................................................................................................31 Section 5.04 .....................................................................................Pension Plan ..............................................................................................................................32 Section 5.05 ........................................................................Long Term Disability ..............................................................................................................................32 Section 5.06 ....................................................................Tuition Reimbursement ..............................................................................................................................32 Section 5.07 ......................................................................................Bilingual Pay ..............................................................................................................................33 Credit Union ........................................................................................................33 Section 5.08 ...........................................................................Clothing Allowance ..............................................................................................................................34 Section 5.09………………Voluntary Employee Benefits Association (VEBA) Reimbursable Business Travel Expenses .....................................................34 Family and Medical Leave Act Policy.............................................................34 - 6 - Notes - 7 - CHAPTER ONE PERSONNEL MANAGEMENT Sec. 1.01 WELCOME Welcome to the City of Grand Island! We want to thank you for joining our team. We believe that each employee contributes directly to the growth and success of our organization. We hope that the employment relationship that we share is a long and mutually rewarding one. The purpose of this employee handbook is to acquaint you with policies set forth by the City of Grand Island. These Personnel Rules and Regulations state the intent of the Mayor and City Council in providing for the employment conditions and benefits for employees of the City of Grand Island. You should familiarize yourself with the contents of the Personnel Rules Handbook, as you are responsible for abiding by the rules that are outlined within. For convenience, in this handbook, we will refer to your employer as The City of Grand Island, The City, we, our, or us. If you have questions regarding the material presented here, please feel free to ask your supervisor or call the Human Resources Department. Again, best wishes for success in your new position with the City of Grand Island! Sec. 1.02 LEGAL EFFECT The policies in this manual are subject to change as the City grows and changes. Any changes in this manual shall apply to existing as well as future employees. If and when provisions are formally changed, youthere will be notified notification and appropriate replacement documentation will be provided. No statement or promise made by a supervisor, manager, or department head may be interpreted as a change in policy, nor will it constitute an agreement with an employee. The City Personnel Rules and Regulations are not a contract, expressed or implied. This handbook replaces (supersedes) all other previous Personnel Rules or Administrative Policies for the City of Grand Island as of OctoberJanuary 1, 20065. Sec. 1.03 EQUAL EMPLOYMENT OPPORTUNITY The City of Grand Island affirms its commitment to providing a work environment that does not discriminate in employment opportunities or practices on the basis of race, color, religion, sexsex, mental or physical disability, marital status, or national origin. The City will operate in full compliance with applicable federal, - 8 - state and local laws prohibiting discrimination in employment. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment. Sec. 1.04 SCOPE The City of Grand Island is made up of several different departments. The departments that are governed by these rules are as follows: Administration Human Resources Department Building Department Mayor’s Office Legal Department Police Department Finance Department Public Works Department Parks & Recreation Department Public Library Fire Department Utilities Department Regional Planning Department /Community Development Grand Island/Hall County Emergency Management Department The following are exempted from these rules: The Mayor and City Council Members of appointive boards, commissions, and committees. Independent contractors Correctional System inmates Although persons employed as temporary employees, interns and citizen volunteers are not eligible for benefits under the City’s policy, they are still expected to follow the policies set forth as they represent the City. The City Administrator’s Office is governed by the Personnel Rules and Regulations; however, the City Administrator serves at the pleasure of the Mayor. and Council. The City Personnel System shall be divided into two classifications of service, classified and unclassified. Classified service includes all employees governed by the Civil Service Act of the State of Nebraska. Departments that would have employees that fall under this category would be the Police and Fire departments. All other employees of the City would be are considered unclassified. All appointments and removals of employees who are in the classified service shall be subject to Civil Service Rules and Regulations. - 9 - These rules and regulations apply to all emplo yees of the City except where labor contracts, Civil Service Rules, State statutes, or other City ordinances supersede these rules. Sec. 1.05 MAYOR AND CITY COUNCIL The Mayor and the City Council shall be the ultimate policy-making authority for the City of Grand Island. The Mayor as chief executive officer of the City, pursuant to Section 16-312 of the statutes of the State of Nebraska, shall be responsible for the proper administration of the affairs of the City. The Mayor is the appointing authority under the Civil Service Act of the State of Nebraska. Pursuant to Section 16-308 of said statutes, Tthe Mayor shall upon approval of the City Council, appoint or remove a city administrator, city clerk, city treasurer, city engineer, city attorney, and such other officers as required by law. The Mayor may designate his or her administrative responsibilities under these rules to the City Administrator, as the Chief Administrative Officer; provided the Mayor may not designate any duties or responsibilities in violation of the State statute. The Mayor has the right to approve or disprove any personnel actions taken pursuant to these personnel rules. - 10 - CHAPTER TWO GENERAL POLICIES Sec. 2.01 APPLICATION PROCESS The City’s Human Resources Department is responsible for the posting of all employment opportunities. Vacancies will be advertised publicly as well as internally. EquitableUnbiased consideration will be given to all applicants. The City may refuse to consider an applicant or place his or her name on an eligibility list for any of the following reasons: · The applicant lacks the minimum qualification stated in the official job description. · The applicant has been found guilty of a crime of such a nature as to render the applicant unsuitable for the job for which application is being made. · The applicant has been dismissed or resigned for disciplinary reasons from any employment within the past five years for a cause that would constitute a cause for termination under these rules. · The applicant has made a false statement on his or her application. · The applicant is deemed unfit to perform the duties of the job for which application is made as indicated by unfavorable reports received from references or by character or medical investigations. · The applicant does not hold a valid driver’s license when required by the nature of the job. · The applicant for a position is a member of the same household and/or an immediate family member within the same supervisory chain of command. An immediate family member would be any of the following; spouse, child (including stepchildren), sibling, parent, grandparent and in-laws of the same relation. Family members are otherwise eligible for employment with the city provided they are not in the same supervisory chain of command. - 11 - Sec. 2.02 SEXUAL AND OTHER UNLAWFUL HARASSMENT The City of Grand Island is committed to providing a work environment that is free from all forms of discrimination and conduct that can be considered harassing, coercive, or disruptive. Actions, words, jokes or comments based on an individual’s sexsex, race, color, national origin, age, religion, disability, sexual orientation, or any other legally protected characteristic will not be tolerated. All men and women are to be treated equally with dignity and respect. Sexual harassment is defined as unwanted sexual advances, or visual, verbal, or physical conduct of a sexual nature. This form of employee misconduct undermines the integrity of the workplace and will not be tolerated. The following is a partial list of examples of sexual harassment: · Unwelcome sexual advances – physical or verbal. · Offering employment benefits in exchange for sexual favors. · Making threats after a negative response to sexual advances. · The use of derogatory comments, epithets, slurs or jokes. If youan employee experiences or witnesses sexual or other unlawful harassment in the workplace, it must be reported it immediately to yourhis/her supervisor and the Director of Human Resources. All allegations of sexual harassment will be quickly and discreetly investigated. Any supervisor or Director who becomes aware of possible sexual or other unlawful harassment is to report it immediately to the Human Resources Director. If the Human Resources Director is not available, report to the City Attorney. An employee shall not suffer retaliation for coming forward with a complaint of harassment. Anyone engaging in sexual or other unlawful harassment will be subject to disciplinary action, up to and including termination. Retaliation against someone that makes a complaint of harassment is strictly forbidden. An employee that feels that they have been retaliated against for coming forward with a complaint should make their supervisor and the Human Resources office aware of it immediately. Should the Human Resources Director be unable to handle the complaint, it should be forwarded to the Legal Department. Sec. 2.03 DRUG-FREE WORKPLACE The City of Grand Island is committed to providing a safe work environment. The City absolutely prohibits the distribution, manufacture, possession, sale, use, transfer, transport or purchase of illegal drugs, or being under the influence of alcohol or drugs at the workplace, on City premises, or in City vehicles. Any violation of this policy is subject to discipline up to and including termination, for the first offense. - 12 - The substances that are prohibited include but are not limited to the following: Alcohol Cannabinoids (marijuana, hashish) Depressants (tranquilizers) Hallucinogens (PCP, LSD, designer drugs” etc.) Narcotics (heroin, morphine, etc.) Stimulants (cocaine, methamphetamines, diet pills, etc.) Any employee convicted of violating a criminal drug statute in this workplace must inform the City of such a conviction (including pleas of guilty and no contest) within five days of the conviction occurring. Failure to inform the City will subject the employee to disciplinary action, up to and including termination for the first offense. By law, the City will notify the federal grant agency or contracting officer within 10 days of receiving such notice from an employee or otherwise receiving notice of such conviction. The City reserves the right to offer employees convicted of violating a criminal drug statute in the workplace, the opportunity to participate in a rehabilitation or drug abuse assistance program, at the employee’s expense, as an alternative to discipline. If such an opportunity is offered and accepted, the employee must successfully complete the program before returning to their position as a condition of employment. The City shall test all applicants who have been offered a position with the City prior to starting their new job. Job placement is contingent on the results of the drug testing. The City will test for the following substances for all new hires; · Amphetamine/Methamphetamine · Cannabinoids · Cocaine metabolites · Opiates · PCP The City reserves the right to test any employee that it has reasonable cause to believe is under the influence of alcohol or drugs while in the workplace. The City shall also maintain a testing program as is required by the U.S. Department of Transportation (DOT). This program will apply to employees in job classifications that require a Commercial Driver’s License (CDL). Employees in this classification will receive additional information in the orientation process from the Human Resources Department. - 13 - Sec. 2.04 DRESS CODE POLICY Clothing on the job must be in good taste, clean, neat and reflect the requirements of the working conditions. A neat, well-groomed appearance is important to assure professionalism and competence in the workplace. The responsibility for determination of what is appropriate for a department will be made by the Department Director. First and foremost, common sense and safety must apply. Employees who are required to work in the outside elements should dress appropriately for their own protection. However, the clothing should be clean and well maintained. If an employee wears a uniform, the uniform should be worn properly and kept well maintained. The uniform identifies them as a City of Grand Island employee and proper care of the uniform reflects favorably on them and the City. Uniforms should never be worn after hours in p ublic where alcohol is served. OFFICE/CERICAL/RECEPTION: Examples of appropriate dress for male employees include: · Suits, sport coats, dress or casual slacks, dress shirts, polos, ties and sweater. · Ties are not required on a daily basis. Ties should be worn when the employee is meeting with representatives from other companies, dignitaries, or for any other formal dress purpose. · Footwear should be in good repair, and polished. Dress, casual, or cowboy boots are acceptable. · Hair should be clean and well kept. Facial hair should be neatly trimmed. · Hats shall not be worn on office/clerical/reception employees. Examples of appropriate dress for female employees include: · Dresses, skirts, casual or dress slacks, sweaters, blouses, polos and jackets. · Dresses, skirts, dressy or business capris and full skorts may not be more than two inches above the knee. · Casual or dress shoes should be kept clean and well maintained. · Footwear should be in good repair, and polished. · Hair should be clean and well kept. Examples of Inappropriate Dress include: · Jerseys, shorts, sweat suits, leggings, cotton or denim capris, mini-skirts, halter styled tops or dresses, tube tops, tops with spaghetti straps, exceptionally tight, low-cut or revealing clothing are not appropriate for the workplace. - 14 - · “Flip-flops” are not appropriate footwear. · Accessories and cosmetics should be worn conservatively, · Body piercing other than traditional earrings should not be visible while at work. Exceptions - Fieldwork · If approved by Department Director, employees who are required to work out-of-doors during the summer months are allowed to wear shorts- clean, in good taste (no short-shorts or cut-offs) and appropriate t-shirts (along with their City identification) or t-shirt bearing the City of Grand Island logo. · Employees who are required to work out-of-doors during the winter months should wear appropriate footwear, including boots and/or overshoes. Casual Day Wear: The City Administrator may designate a day that employees can dress in casual attire. · Jeans and capris (Denim or other colored) that are clean, not tight or loose, not-faded, stained, torn, ripped or frayed may be worn on days designated by the City Administrator, with sweaters, jackets, or City of Grand Island logo attire. · Holiday/Seasonal sweatshirts/shirts or team wear sweatshirts/shirts will be allowed on certain casual days as approved by the City Administrator. Department Directors and Supervisors are responsible for ensuring that staff meets the dress code as stipulated. Staff wearing inappropriate clothing will be required to leave work and change into appropriate attire without compensation. Sec. 2.05 TOBACCO POLICY Tobacco use is prohibited by all persons in any city facility, or vehicle. This policy does not prohibit tobacco use in designated outdoor areas. A. Definitions: 1. City facility shall mean: a) Any indoor office, work area, or location used by the general public or serving as a place of work for City employees that is owned, leased, or rented and under the day-to-day control of the City of Grand Island. - 15 - 2. Tobacco use shall mean carrying a lighted cigar, cigarette, pipe, or any other tobacco substance. 3. Vehicle shall mean any self-propelled conveyance designed for use upon City streets that is owned, leased, or rented by the City of Grand Island. B. Enforcement Department heads shall ensure that the supervisor in charge of such City facility or vehicle shall make reasonable efforts to prevent tobacco use in the City facility or vehicle by: 1. Posting appropriate signs. 2. Asking tobacco users to refrain from using tobacco in the tobacco-free area, citing Nebraska Clean Indoor Air Act and this City policy. 3. Taking any other appropriate means, including disciplinary action for City employees pursuant to appropriate union contract or Human Resources Policy Manual. C. Complaints: Persons observing a violation of this policy should bring it to attention of their supervisor. Sec. 2.06 COMMUNITY LEAVE BANK POLICY The Community Leave bank is to provide a means for City employees to give accrued vacation leave to another City of Grand Island employee who, because of unexpected or unplanned medical emergency, does not have sufficient paid leave to be away from the job for the period necessary to recuperate or recover. Conditions for use: The following conditions must be met by the donating employee wishing to give accrued vacation time to another employee: · The employee is in compliance with the Personnel Rules regarding vacation usage (i.e. has taken 5 consecutive days vacation the previous year and has sufficient accrued vacation time left to comply with the Personnel Rules during the year in question). · The employee receives the approval of his or her Department Director. · Only vacation or personal time may be donated. The following conditions must be met by the employee receiving vacation time from another employee: - 16 - · The receiving employee has used all available paid leave. · The receiving employee must be experiencing an unforeseen situation of extreme or emergency proportions. Routine illness, pregnancies, etc will not qualify. · The receiving employee shows intent to return to duty following the leave. · The receiving employee obtains the approval of his or her Department Director. · The employee’s absence does not exceed 12 weeks total, including all paid, unpaid, and donated times, unless expressly approved by the Department Director. Procedure: An employee wishing to donate accrued vacation time to another employee shall submit his or her request through the Human Resources Director. All such donations shall remain confidential a t the request of the donating employee and/or the receiving employee. The Human Resources Director shall review the request and ensure compliance by both employees with the conditions set forth above. The Human Resources Director will notify the employee involved of the decision. Use of time given or received through this policy shall be recorded on absence reports. - 17 - CHAPTER THREE OPERATIONS Sec. 3.01 CORRECTIVE AND DISCIPLINARY ACTIONS Employees are expected to act in a mature and professional manner while performing services for the City Oof Grand Island. Below is a partial list of behaviors that an employee may be disciplined for. Depending on the severity of the infraction, an employee may be subject to discipline up to and including termination. The following is a list, not all-inclusive, providing examples of unacceptable conduct: · Failure to observe safety rules and regulations. · Failure to report to work at the appointed time or place, or for departing prior to the designated time, including abuse of rest periods. · Solicitation, or distribution or display of, unauthorized literature while on City time. · Operating a personal business while on City time. · Intimidation or coercion. · Abuse or waste of City equipment, tools, or material. · Using abusive language or making false or malicious statements concerning any employee, the City, or its services. · Horseplay, loafing, or sleeping on the job. · Unauthorized posting, removing, or altering of bulletin board notices. · Violation of City, Department, or Division written or verbal policies or procedures. · Unauthorized use or release of confidential, sensitive or privileged information. · Intentional unavailability for or refusal to work over-time or respond to emergency call-out. · Abuse of medicalsick leave or other paid leaves. - 18 - · Conduct unbecoming a City employee. An employee may be discharged, even for a first offense, for the following violations. This list is representative of dischargeable behaviors but is not all- inclusive. · Insubordination. · Theft of public or private property. · Misappropriation of public property. · Unlawful harassment. · Consumption or possession of alcohol or nonprescribed drugs on City time or property. · Being under the influence of alcohol or nonprescribed drugs while in the workplace. · Gambling or fighting on City time or property. · Conviction of a felony. · Abusive, offensive, or obscene language or conduct towards the public, City officials, or employees. · Demeaning, disruptive or uncooperative conduct in the workplace. · Intentional or negligent damage or destruction of private or public property. · Fraud, falsification or deceit in the conduct of City business. · Incompetence or unsatisfactory performance. · Unauthorized possession or use of firearms or hazardous materials on City time or property. · Work disruption or stoppage, strike, or other forms of job action or withholding of services. · Acts or threats of physical violence directed towards City officials or employees. - 19 - · Soliciting favors, gifts, services, or bribes in the conduct of City business. · Conduct unbecoming a City employee or tending to discredit or impair the duties and the responsibilities of the employee’s position. · Violation of the “Employment of Relatives” Policy. Any employee arrested or convicted of any offense other than a minor traffic violation must report the incident to his or her supervisor. Failure to report such matters can result in discipline, up to and including termination. Sec. 3.02 DISCIPLINE AND APPEAL PROCEDURE A. General Statement It is the policy of the City of Grand Island to provide a system of progressive discipline, which affords an opportunity for the resolution of unsatisfactory employee performance or conduct. Except in the case of a written reprimand I and reprimand II, such system shall include an appeal procedure to assure the equitable and consistent application of discipline. Discipline may begin with the least severe, appropriate disciplinary action and progress, if necessary, to more severe actions. The severity of the incident may warrant any level of initial disciplinary action, so as to be appropriate for the offense. B. Progressive Discipline Progressive discipline is the successive application of increasingly severe disciplinary actions. These actions, in order of severity, are written reprimand I, written reprimand II, suspension, suspension and demotion, and discharge. C. Written Reprimand I A written reprimand I must be imposed by the employee’s immediate supervisor for minor violations or incidents. The reprimand must inform the employee of the violation or incident, the required correction action, and the consequences of a reoccurrence of the violation or incident. A copy of the written reprimand I must be delivered to the employee and the Human Resources Department by the immediate supervisor. The immediate supervisor must retain a copy of the written reprimand I in departmental records. A written reprimand I shall be placed in the employee’s personnel file. - 20 - D. Written Reprimand II A written reprimand II may be imposed by a Department Director, the City Administrator or the Mayor for repeated minor violations or incidents, or for a violation or incident of a more serious nature. The written reprimand II must inform the employee of the violation or incident, the required corrective action, and the consequences of a reoccurrence of the violation or incident. Copies of the written reprimand II must be delivered to the employee and the Human Resources Department for placement in the employee’s personnel file. E. Probationary Status An employee can be put into a probationary status if his or her conduct is deemed unacceptable by the supervisor and/or Director and approved by the Director. During the probationary period the employee’s performance and compliance with company rules and standards will be closely supervised. If at any time during the probationary period the employee’s performance is unsatisfactory or the employee has failed to comply with company rules, they will be subject to immediate termination. F. Suspension and Demotion A suspension is a period of time where the employee is removed from the workplace without pay. Suspension is normally imposed for a disciplinary or dischargeable offense or for an employee’s failure to take corrective action in response to a written reprimand I or II. A suspension may be imposed as initial discipline for a violation or incident of a serious nature. A demotion is a change in status to a position subordinate to that held by an employee prior to imposition of discipline and may be imposed by the Department Director, the City Administrator or Mayor in conjunction with a suspension for a violation or incident of a serious nature. For non-exempt employees under the Fair Labor Standards Act (FLSA), a suspension, not to exceed five working days, may be imposed by the Department Director, the City Administrator or the Mayor. For exempt employees under the FLSA, any suspension must be for a period of at least one workweek. Prior to imposition of suspension and/or demotion as a disciplinary action, a written notice of suspension and/or demotion shall be prepared, and signed by the Department Director, the City Administrator, or the Mayor. The notice of suspension and/or demotion must inform the employee of the following: (a) A statement of the violation(s) or incident(s) (b) A brief explanation of the evidence underlying the violation(s) or incident(s) - 21 - (c) The discipline to be imposed (d) Any required corrective action by the employee (e) The consequences of a reoccurrence of the violations(s) or incident(s) (f) The employee’s right to request an appeal hearing before the Mayor A copy of the notice of suspension and/or demotion shall be delivered to the employee, either personally or by delivery to the employee’s last known place of residence, at least seventy-two (72) hours, excluding Saturday, Sunday and Holidays, prior to imposition of the disciplinary action. At the discretion of the person issuing the notice of suspension and/or demotion, the employee may be suspended with pay immediately upon delivery of the notice pending implementation of the disciplinary action. A copy of the notice of suspension and/or demotion must be delivered to the Human Resources Department for placement in the employee’s personnel file. A proposed suspension (and demotion) may be appealed pursuant to the procedure set out hereafter. GF. Discharge A discharge may be imposed by the Mayor for an employee’s failure to correct their his/her workplace conduct in response to a suspension. A discharge may also be imposed as initial discipline for a violation or incident of a serious nature. Prior to imposition of discharge as a disciplinary action, a written notice of discharge shall be prepared, and signed by the Department Director, the City Administrator, or the Mayor. The notice of discharge must inform the employee of the following: (a) A statement of the violation(s) or incident(s) (b) A brief explanation of the evidence underlying the violation(s) or incident(s) (c) A statement that discharge is to be imposed (d) The employee’s right to request an appeal hearing before the Mayor A copy of the notice of discharge shall be delivered to the employee, either personally or by delivery to the employee’s last known place of residence, at least seventy-two (72) hours, excluding Saturday, Sunday and Holidays, prior to imposition of the disciplinary action. The employee shall be suspended with pay immediately upon delivery of the notice of discharge pending implementation of the disciplinary action or a final determination by the Mayor on the proposed disciplinary action following an appeal hearing. A copy of the notice of discharge - 22 - must be delivered to the Human Resources Department for placement in the employee’s personal file. A proposed discharge may be appealed pursuant to the procedures set out hereafter. HG. Appeal Procedure A regular status, non-introductory employee may appeal a suspension, a suspension and demotion, or a discharge in accordance with the following procedure: a. Following delivery of a notice of suspension (and demotion), or notice of discharge, the employee shall have seventy-two (72) hours, excluding Saturday, Sunday and Holidays, to request an appeal hearing before the Mayor. Such request shall be in writing and delivered to the office of the Mayor at City Hall. b. Upon receipt of a request for an appeal hearing, the Mayor shall within five (5) working days cause to be set a time and place for the appeal hearing and written notification thereof shall be provided to the employee, the Human Resources Director and City Attorney. The appeal hearing shall be held within fifteen (15) working days after receipt of the request for hearing. The appeal hearing shall be conducted informally and recorded electronically. c. At the hearing, the City Attorney, Department Director and/or City Administrator shall present oral or written statements, reports and documents supporting the disciplinary action. d. The accused employee, the employee’s representative and attorney, or other person on the employee’s behalf, may present oral or written statements, reports and documents in response to the proposed disciplinary action. e. Each side shall be limited to a total time for making their respective presentations of one (1) hour or less. The Mayor upon good cause shown may extend the time for presentation. f. Upon conclusion of the appeal hearing, the Mayor shall make a determination in writing to dismiss, modify, or impose the proposed disciplinary action. The proceedings before the Mayor at the appeal hearing shall constitute the sole basis on which the Mayor’s determination sha ll be based. Modification may include any lesser disciplinary action than that which was proposed, including written - 23 - reprimand II, reduction in pay, demotion, or change in the terms of suspension and/or demotion and may provide for a period of probation, counseling, treatment, or other corrective actions on the part of the employee. A copy of the Mayor’s written determination shall be delivered to the employee, either personally or by delivery to the employee’s last known place of residence. A copy of the Mayor’s written determination shall be delivered to the City Administrator, City Attorney, and the Human Resources Director. The Human Resources Department shall place a copy of the Mayor’s written determination in the employee’s personnel file. Should the employee be dissatisfied with the Mayor’s determination, the employee may appeal to the District Court of Hall County, Nebraska, in accordance with the procedures provided by the statutes of the State of Nebraska. The filing of a petition in error by the employee or the service of summons upon the City shall not stay enforcement of a disciplinary action. The City may do so voluntarily, or the City may comply with such stay as is ordered by the District Court of Hall County. Sec. 3.03 EMPLOYEE GRIEVANCES The following will be the grievance procedure for employees of the City Oof Grand Island, except those that are members of a recognized bargaining unit. Members of bargaining units shall use the grievance procedures provided in their respective labor agreements. Each person may present a grievance to their immediate supervisor who will respond in writing within 5 working days. Written notification of this grievance will be forwarded to the Human Resources Director, Department Director and City Administrator. If the person is not satisfied with the decision of their immediate supervisor, they may present the grievance to the Department Director who will notify the Human Resources Director and City Administrator. The Department Director will, with the advice and consent of the City Administrator, respond in writing within 5 working days. In the event that the person is not satisfied with the decision of the Department Director, they may notify the Human Resources Director in writing within 5 working days. The Human Resources Director will investigate the grievance and forward the results to the grievant, the City Administrator, and the Mayor. The Mayor may conduct a review of the record and notify the grievant of the Mayor’s decision. - 24 - The following are the prerogative of management and are not subject to the grievance process. Except where limited by provisions elsewhere in these rules, nothing in the rules shall be construed to restrict, limit, or impair the rights, powers, and the authority of the City as granted to it under the laws of the State of Nebraska, and City ordinances. These rights, powers, and authority include, but are not limited to the following: · Discipline or discharge for just cause arising under the City Personnel Rules. · Direct the work force. · Hire, assign, or transfer employees. · Determine the mission of the City. · Determine the methods, means, number of personnel needed to carry out the City’s mission. · Introduce new or improved methods or facilities. · Change existing methods or facilities. · Relieve employees because of lack of work. · Contract out for goods or services. · The right to classify jobs and allocate individual employees to appropriate classifications based upon duty assignments. Sec. 3.04 RESIGNATIONS, RETIREMENT AND LAYOFFS RESIGNATIONS: To resign in good standing, an employee must give the Department Director written notice at least 14 calendar days prior to termination, unless the Department Director agrees to permit a shorter period. RETIREMENT: An employee may, but is not required to, retire on the first day of the month following his or her 65th birthday. Uniformed members of the Police and Fire Divisions shall be retired in accordance with the provisions of State statutes covering retirement of these classifications. Retired employees, except police officers and firefighters, shall, when eligible, receive a pension as provided for in City Ordinance No. 4244 as amended. Police officers and firefighters, when eligible, shall receive a pension as provided for by State statutes. - 25 - The Mayor may, at his or her discretion, grant an early retirement option under the general employee pension plan upon the request of an employee. The employee must be at least 55 years of age and must have at least ten years of participation in the employee pension plan. REDUCTION IN FORCE: Whenever it is determined to be in the best interest of the City to reduce its workforce, the Director of the affected department, the Mayor or City Administrator will recommend will submit a recommendation to the Mayor and City Administrator for the implementation of the reduction.. Factors that will be taken into consideration shall include, but are not limited to: · The employment policies and staffing needs of the department, together with contracts, ordinances, and statutes related thereto and budgetary considerations ; · Required federal, state, or local certifications or licenses; · Seniority; · The performance appraisal of the employees affected, including any recent or pending disciplinary actions; · The knowledge, skills and abilities of the employee; · The multiple job skills recently or currently being performed by the employee; Upon the receipt of the Director’s recommendations, a determination will be made as to the classifications to be affected by a reduction in force and the number of employees to be laid off. A determination as to whether any employees within a job classification should be exempted from consideration due to the existence of a required federal, state, or local certification or license will also be made at this time. In considering which of the employees within a job classification are to be laid off, the Mayor and City Administrator will determine the length of continuous employment within the department of each employee in the job classification. If an employee has 10 or more years of seniority over the next considered employee, then seniority will be the primary factor for determining layoff. If there is less than 10 years difference in seniority, then the primary factors to be considered will be; performance appraisals, pending or recent disciplinary actions, knowledge, skills and abilities, and multiple job skills that are currently being performed by the employee. RECALL: Employees laid off under this reduction in force policy shall be eligible for recall for a period of 2 years after layoff. If, within 2 years after layoff, a new - 26 - position is opened within the reduced job classification for the department, the employee shall be recalled in the reverse order of layoff. After 2 years, the employee will have no preference for rehire. SEVERENCE PAY: Employees with 5 or more years of continuous employment with the City whose employment is terminated by a reduction in force will be entitled to severance pay equal to one month’s pay. Employees who retire or are terminated through disciplinary action will not receive severance pay. The Mayor may grant severance pay in resignation cases when deemed appropriate. The Mayor may grant severance pay greater than one month’s pay upon a determination that such action is in the best interest of the City. The Mayor may grant severance pay greater than one month’s pay upon a determination that such action is in the best interest of the City. Sec. 3.05 USE OF CITY PROPERTY AND EQUIPMENT Property and equipment that is provided by the City to carry out the duties of day to day business is to be used in the way that it is intended. Personal use of City property and equipment including computers and Internet service is prohibited. While it is sometimes necessary to use the phone for personal calls, this use should be limited. Sec. 3.06 CITY GOVERNMENT COMPUTER NETWORK POLICY An e-mail system and Internet access are provided to City employees for the purpose of conducting official City business. These may not be used for prohibited purposes, such as conducting private business, or political campaigning, or any illegal uses. Personal use should be governed by the same tests of reasonableness as personal phone calls and internal e -mail. These include: · There is no cost associated with the use · Use is moderate in time · Use does not interfere with an employee’s or co-worker’s work in either time or network bandwidth Computers owned by City government or purchased with public funds should not have any recreational games installed. This includes the games supplied as part of the operating system of “free” additional programs. Contact the Information Technology Department and games will be removed that are already installed. The Information Technology department will be notified whenever a new program is installed on a computer that is connected directly to the City Government Computer Network. - 27 - Because of the unique nature of the Internet, additional guidelines apply to its use: · Internet access, hardware and software must be authorized and installed by appropriate personnel in each City department. Employees authorized to download software or browser plug-ins should be provided with safety guidelines and virus protection software. · Certain features of the Internet can clog the City’s network and e-mail system, and should be used only for work-related purposes. Examples would be: a. Listserv’s, which generate large volumes of e-mail b. Streaming media, which uses large bandwidth c. Radio, music and other downloading of a personal nature d. Continuous access services such as weather maps · Resources on any kind, for which there is a fee, must not be accessed or downloaded without prior approval from the supervisor. · Individual users must be aware of and at all times attempt to prevent potential City liability in their use of the Internet. · Employees should be aware that there is a wide variety of information on the Internet. Some individuals may find some information on the Internet offensive or otherwise objectionable. Individual users should be aware that the City has no control over and can therefore not be responsible for the content of information available on the Internet. Illegal uses or uses inconsistent with City policies including but not limited to gambling, sexually explicit materials, harassment, knowingly introducing of a computer virus or other harmful program, use of obscenities, violation of Copyright Laws, violation of any Local, State and Federal Laws, etc. are prohibited. Sec. 3.07 TELEPHONE USAGE POLICY Personal long distance telephone calls on landlines are prohibited when charged to the City of Grand Island. An allowance is made for telephone calls charged to their parties, such as: 1) Calling card 2) Charged to your home phone 3) Collect call The telephone calls authorized by this allowance are still restricted by departmental polices. Personal directory assistance calls are allowed when charged to your personal calling card. - 28 - Cellular phones should be used in a manner that is not disruptive in the workplace. Sec. 3.08 POLITICAL ACTIVITY City employees may not interfere or use the influence of their office for political reasons. They shall not participate in any political activity during normal working hours or when otherwise engaged in the performance of official duties. No employee shall engage in any political activity while wearing a uniform required by the City. An employee may not represent themselves as an employee of the City while being involved in an outside political activity. Employees in certain departments will be additionally restricted due to funding of that department through state and federal funds. Employees are urged to contact their Department Director to determine the degree of political involvement allowed. Employees may not be dismissed or disciplined because they refuse to make a contribution to a political organization. City employees may not run for a City office while employed. Sec. 3.09 EMPLOYEE ORGANIZATIONS City employees have the right to choose whether they wish to belong to employee organizations. No employee may be reprimanded, threatened, or discriminated against because the employee elects to join or refrain from belonging to an employee organization. Sec. 3.10 SAFETY AND RISK MANAGEMENT It is the goal of the City of Grand Island to provide a safe and healthful workplace for all employees. The city’s policy is aimed at minimizing exposure of our employees and visitors to the City’s our facilities to health or safety risks. In order to accomplish this, each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe condition to their supervisor. Employees that violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations, may be subject to disciplinary action, up to and including termination of employment. In the case of accidents that result in injury, regardless of how insignificant the injury may appear, employees should immediately notify their supervisor. Such reports are necessary to comply with laws and initiate worker’s compensation benefits. - 29 - The City has safety committees comprised of employees and management to help ensure a safe and healthful workplace. In addition to departmental safety committees, the City shall maintain a Risk Management Committee that is comprised of members that represent and act as liaisons between the different departments of the City. This committee is responsible for the coordination of all citywide safety activities, analysis of citywide accident trends, and recommending procedures that may improve safety in the departments. Sec. 3.11 WORKER’S COMPENSATION The City Oof Grand Island will comply fully with the Worker’s Compensation Program that has been established under State statute. When accidents occur at work, they must be reported immediately to the supervisor and the appropriate paperwork filled out at that time and sent in to the office. A supervisor must have prior knowledge and approve a doctor’s visit. A doctor’s report may be required to substantiate the injury. The City may provide light duty work when possible for a defined period of time for employees that are injured due to a work related situation. Sec. 3.12 RESIDENCY All Department Directors are required to reside within ten miles of the zoning jurisdiction. All Emergency Management employees are required to reside within a twenty-five mile radius of the City of Grand Island. All Utilities Department employees are required to reside within the residency boundaries of the department. Residency for police and fire employees are established by contracts. All Emergency Management employees are required to reside within a twenty- five mile radius of the City of Grand Island. All Department Directors are required to reside within ten miles of the zoning jurisdiction and all Utilities Department employees are required to reside within the residency boundaries of the department. Employees that drive City vehicles home and senior management personnel need to check their department’s Standard Operating ProceduresS.O.P.’s in reference to residency requirements. Employees will establish residency within six months after the calendar day of the start of employment and will maintain residency during the term of employment. For purposes of these Personnel Rules and Regulations , residency will mean the employee’s domicile. - 30 - Sec. 3.13 EMPLOYMENT OF RELATIVES Regular status employees who are members of the same family are eligible for City employment provided that they are not in the same supervisory chain of command. They may, however, be employed in different divisions of the same department or in different departments. For purposes of defining this policy, family members shall include; spouse, children, stepchildren, parents, siblings, and in-laws of the same relation. Employees must notify the City if they are in violation of this policy. If the City cannot accommodate a transfer request and one of the employees affected does not voluntarily resign to correct the violation, the employee with the least amount of seniority with the City will be asked to resign or be terminated. Nepotism Policy Public trust, safety and City morale require that the City maintain a policy that ensures a sense of fairness to the general public as well as internal employees when it comes to the relationships of its employees. In order to promote the efficient operation of the City and to avoid the formation of cliques, claims of sexual harassment or gender-based discrimination and the blurring of professional and personal responsibilities, the following policy describes the rules for workplace relationships. Regular status employees who are members of the same family are eligible for City employment provided that they are not in the same supervisory chain of command. They may, however, be employed in different divisions of the same department or in different departments. For purposes of defining this policy, family members shall include; spouse, children, stepchildren, parents, grandparents, siblings, and in-laws of the same relation. In addition to family relationships, and for the same reasons mentioned above, employees involved in romantic and/or sexual relationships or dating must also observe the chain of command rules mentioned above. Employees must notify the City if they are in violation of this policy. If the City cannot accommodate a transfer request and one of the employees affected does not voluntarily resign to correct the violation, the employee with the least amount of seniority with the City will be asked to resign or be terminated. - 31 - Sec. 3.14 OUTSIDE EMPLOYMENT Employees may hold other employment outside of City employment with prior approval from their Director as long as it does not interfere with the duties of the City job and does not conflict with the interests of the City. Sec. 3.15 REIMBURSABLE BUSINESS TRAVEL EXPENSES The City will follow the provisions of Ordinance 7978, as updated; commonly known as the “Miscellaneous Expenditures Act” in determining reimbursable expenses. When there is any conflict between this provision and Ordinance 7978, as amended, Ordinance 7978 shall supercede these provisions. Per Diem rates will be used for mileage and meals. Per Diem rates can be found at www.policyworks.gov/per diem. §27-62. Business Travel (Chapter 27 of the Procurement Code) The following procedures shall be used for business travel: (A) Transportation Method I. When travel is by air, advance ticketing by purchase order will be utilized whenever possible to obtain the lowest available coach fare. II. All refunds, travel coupons, and other promotions in connection with business travel shall be returned to the City. III. When ground travel is required, City vehicles shall be used whenever possible. (B) Lodging I. Reimbursement for non-commercial lodging is not permitted. II. When personnel are accompanied by non-City personnel, only the costs attributed to the City personnel are reimbursable. (C) Expenses I. The following expenses are reimbursable upon affidavit of expenditure and receipts are not required: parking fees; taxi and bus fares; and highway tolls. II. The following expenses are reimbursable upon submission of paid receipts: (a) registration, tuition, and fees for official functions related to the travel; (b) supplies or equipment required for travel or training; (c) rental cars; and (d) traveler's checks fees. III. The following expenses are not reimbursable: (a) entertainment, including television rentals , VCR or DVD; (b) personal expenses, e.g. hygiene items, magazines; (c) travel insurance; a nd (d) alcoholic beverages. - 32 - (D) Travel Advances. Travel advances are not authorized, except under special circumstances with written prior approval of the finance director. The use of credit cards and advance purchase order payment of lodging and transportation expenses are encouraged. (E) Expense Claims. Personnel on authorized travel must submit expense claims to the Finance Department immediately upon return, but not later than four (4) work days after return to duty when at all possible. All receipts, unexpended City funds and funds due the City, shall be returned at that time. All expenses (including prepaid expenses) shall be summarized and accounted for. Any employee desiring to attend a meeting, conference, or seminar, or other official out-of-state event of duration of more than one day shall obtain the approval of their supervisor, Department Director and City Administrator/Mayor. Sec. 3.16 ALLOWABLE INTERVIEW AND RELOCATION EXPENSES After advance approval has been received by the City Administrator/Mayor, Interview and relocation expenses shall be paid by the City of Grand Island for the recruitment of personnel. Interview expenses, including meals, overnight accommodations, and transportation, shall be provided. Reasonable relocation expenses may be provided to new personnel for moving. Relocation expenses shall be based on actual expenses documented by itemized expense claims. Expenses related to the spouse, for relocation, may be permittable . Under certain circumstances, approved by the City Administrator/Mayor, the City of Grand Island may pay for moving expenses up to the actual amount paid. The new employee, by the policy, is provided some discretion in the use of the relocation allocation. Sec. 3.17 FAMILY and MEDICAL LEAVE ACT POLICY This policy establishes the rights and obligations of the City of Grand Island and its employees with respect to leave necessary for medical care of employees and their families pursuant to the 1993 Family and Medical Leave Act more commonly referred to as FMLA. An employee must be employed by the City for at least 12 months (the 12 months need not be consecutive) to be eligible to receive leave under this policy. Additionally, the employee must have worked at least 1,250 hours in the year preceding the date the employee seeks to start the leave. - 33 - Eligible employees are entitled to take up to 12 weeks of unpaid leave during a 12 month period for the following purposes: childbirth, adoption or placement of a foster child; or to care for a child, spouse, or parent with a serious health condition; or one’s own serious health condition. A serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider. The City will observe a rolling 12- month period for purposes of tracking leave. Employees requesting leave due to the birth, adoption, or placement of a foster child are required to provide written notice at least 30 days prior to the date that leave is anticipated to begin or as is possible if the event would occur earlier than anticipated. Employees requesting family leave related to the serious health condition of themselves or a child, spouse, or parent may be required to submit a health care provider’s statement verifying the need for such leave, the beginning and ending dates, and the estimated time required. Failure to provide required certifications may result in the denial of the leave or request for leave on an intermittent basis. When both spouses are employed by the City, they are jointly entitled to a combined total of 12 weeks of leave if the leave is for the birth, adoption, or placement of a foster child or to care for a parent with a serious health condition. Each spouse is entitled to 12 weeks of leave if the leave is due to his or her own serious health condition or to care for a son, daughter, or spouse with a serious health condition. An eligible employee that is taking FMLA leave is required to use all accrued sick leave before going on unpaid status. The employee may choose, but is not required, to use accrued vacation and personal leave prior to taking leave on unpaid status. Benefits While on Leave - During any period of leave under this policy, an employee’s group health insurance coverage will be maintained at the same level and under the same conditions as before the leave began. Employees who normally made a contribution toward their health insurance coverage must continue to do so. If the employee has leave banks accrued and is using them, the employee’s contribution will be collected in the same manner as if the employee were reporting to work. However, if the employee’s leave banks have been exhausted, the employee must arrange with the Finance Department prior to the start of their leave, for the payment of the employee’s share of the premiums and other voluntary deductions. Once an employee has exhausted all leave banks, they will not accrue any other benefits. This includes vacation time, sick leave time, holidays and personal days. - 34 - Return to Duty – An employee who has taken leave for their own serious health condition, will be required to present certification of fitness for duty from a health care provider prior to returning to work. Failure to provide certification may cause denial of reinstatement. Upon return to duty, an employee is entitled to restoration of the former position or an equivalent position with equivalent pay and benefits. Sec. 3.18 CIT Y HALL CLOSURE POLICY- When the decision to close City Hall has been determined during regular business hours (8:00 a.m. – 5:00 p.m.) a citywide notice will be sent notifying employees of the closure as well as an announcement made over the City Hall intercom. During regular business hours as well as after hours (5:00 p.m. – 8:00 a.m.) employees have the opportunity to call 385-5444 Ext. 511 and a message of the closure will be recorded by the City Administrator. This message only applies for the date stated within the message. · The written and verbal announcement for closure during regular business hours will be as follows (and sent to Department Directors prior to the closure release to give the Director an opportunity to notify emergency and essential personnel within their department): Due to the (Condition of closure) City Hall will be closing today at (time) and will reopen tomorrow for regular business hours. Personnel that are not essential during (condition of closure), as determined by your Department Director, will make arrangements to leave City Hall at the determined closing time. Employees are encouraged to consider their own safety when deciding whether to travel to and from work. A message will be left at 385-5444 Ext 511 if the closure of City Hall is determined for tomorrow. · The verbal announcement of City Hall closure after hours for the prior business day will be recorded as follows: Due to the (conditions of closure) today (state date) City Hall will be closed and will reopen tomorrow (state date) for regular business hours. All personnel determined essential by the Department Directors will report to work. The Department Director will determine who is essential and who is not and will confirm this decision within the employee’s job description or verbally during the event. - 35 - The employees pay will be handled in the following manner: If City Hall is closed on the employees regularly scheduled work day the employee is paid regular pay for the day. If City Hall is open for any part of the day and the employee chooses not to come in, the employee will use vacation or personal time. If the employee had already scheduled the day off, they will use the leave hours they already requested. (I.e. vacation, funeral, etc) DRESS CODE Employees of the City are required to dress in a manner that would be considered professional attire. Employees that work in departments with uniforms are required to dress in the approved uniform. For those that work in the offices, professional attire is appropriate. As long as the City continues to recognize Fridays as casual days, the dress code for that day shall be casual. Whether it is a casual day or a regular workday, employees are expected to be clean and well groomed. If a supervisor feels that someone is not dressed appropriately for work, they may be asked to go home and return properly attired. If asked to do this it will be on the employee’s own time which will not be counted as hours worked. Sec. 3.19 POSITION CLASSIFICATION The Human Resources Department will be responsible for the maintenance of a classification plan based on an analysis of duties of each position in the City. Written specifications, also known as job descriptions, will be approved by the City Administrator. Each description will define the class, summarize the duties to be performed and, establish the minimum standards of experience and qualifications required for appointment. Duties described in the job description may not be all-inclusive and do not restrict the assignment of other duties. Each Department Director is responsible for the assignment of duties, location of work, tools and equipment furnished, work schedule, and working conditions. Directors may request a classification review of any position in his or her department at any time. With the approval of the Department Director aAn employee may request a classification review of his or her own position at any time, provided the position has not been reviewed within the last 6 months. Such requests will be submitted to the Human Resources Director in writing through the Department Director. - 36 - Sec. 3.20 EMPLOYMENT CATEGORIES Each employee is employed in a classification that is considered either “exempt” or “non-exempt”. Non-exempt employees are entitled to overtime pay under the Fair Labor Standards Act for hours worked over 40 in the same workweek. Exempt employees are not entitled to such overtime pay. In addition to these distinctions, each employee will also fall into one of the following employment categories: TEMPORARY/SEASONAL employees are those who are hired as interim replacements or seasonal help 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. While temporary employees receive all legally mandated benefits, such as worker’s compensation and social security, they are not eligible for any other benefit programs offered by the City of Grand Island. REGULAR PART-TIME employees are those that work less than 40 hours per week and are not seasonal/temporary or in their introductory period. Employees that work 30 hours per week or more are eligible for single coverage health insurance benefits. Employees that work less than 30 hours per week will not be eligible to take part in the City’s health plan. Benefits for regular part-time employees, who work at least 30 hours per week, are prorated based on their average hours of work during the year. REGULAR FULL-TIME employees are those who are not in a temporary, introductory, or part-time status and who are regularly scheduled to work a full- time schedule with the City. These employees are eligible for the City’s benefits program. Sec. 3.21 INTRODUCTORY PERIOD All employees, other than temporary/seasonal, shall normally serve an introductory period as determined by the department that shall not be less than six months. The introductory period is an essential part of the employment selection process. It gives the City and the employee the opportunity to make sure the job is a good fit. An employee’s performance that does not meet required standards may be terminated without recourse within the introductory period. When it is determined that the services of the employee have not been acceptable, the Department Director shall notify the employee in writing of the date that the termination will be in effect. A performance report, together with a copy of the termination, shall be forwarded to the Human Resources Department and City Administrator for approval. - 37 - A newly hired employee will accrue vacation during the introductory period, but it will not be considered “earned” until the introductory period is successfully completed. An employee that leaves the City’s employ during the introductory period will not be compensated for the accrued vacation. A performance evaluation and change of status form that requests that they be removed from the introductory status will signify successful completion of the introductory period. The Department Director may extend the introductory period upon written notification to the employee and the Human Resources Director. While serving the introductory period, an employee may be appointed or promoted to a position in a different class. When this occurs, the employee will begin a new introductory period for the position to which he or she has been appointed or promoted to. The same is true for employees that request reassignment into a different position. An employee may also serve additional introductory periods in the case of a promotion. When promoted, an employee will serve an introductory period that resembles that required for the original appointment. Sec. 3.22 REGULAR STATUS Once an employee successfully completes their his/her introductory period, the employee is then appointed to regular status. An employee that is hired in Step 1 or 2 shall be eligible for a step increase upon successful completion of the introductory period. Any employee hired in a step higher than 2 shall not be eligible for a step increase until the completion of one year of employment with the City. Upon appointment to regular status, an employee will receive the following vacation time: 1. Upon completion of the six month introductory period – 5 days 2. Upon completion of a one year period – an additional 5 days Regular status employees will then begin accruing vacation leave and be eligible to use accrued vacation at the rate established by these rules. COMPENSATION AND BENEFITS Sec. 3.23 HOURS OF WORK - 38 - The 40-hour workweek shall be the standard workweek unless otherwise provided. All employees may be required to work over 40 hours per week. Employees in non-exempt classifications shall be compensated at a rate of time and one half of their regular rate of pay for all hours worked over 40 in the work week. Exempt employees are not eligible for overtime for hours worked in excess of 40 during the workweek. For purposes of calculating overtime, hours worked shall include actual hours worked. Any payment for time not actually worked (leave time) shall not count towards the calculation of overtime. Department Directors may establish work periods and hours of work, which differ from the standard to meet special department needs or workloads, with the approval of the City Administrator. COMPENSATORY TIME: Compensatory time may be taken in lieu of time and half pay for overtime worked if approved by the Department Director. Each hour of overtime worked will be credited at one and one-half hours of time that can be taken off at a later date. The use of Compensatory time must be permitted by the Department rules and meet the Departments needs. These hours need to be recorded in the payroll system at the time of accrual and use. When allowed by the Department Director, an employee may accrue no more than 60 hours of compensatory time. Any exceptions to this provision must have the written authorization of the Human Resources Director. LUNCH PERIODS: Lunch periods may be established in one-hour or one half- hour increments. In the event that the employee is required to work through the lunch period or have lunch at their desk, the time will be added to the hours worked for the day. REST PERIODS: Rest periods, more commonly referred to as “breaks” may be taken in 15 minute increments during each one-half workday when possible. No more than one break per half workday is permitted. Employees are encouraged to take breaks when the work load allows, but may not save up break time to use in larger increments than 15 minutes or to leave work early. Break time is to be used in the spirit in which is intended for and abuse of rest periods may be cause for disciplinary action. PAY SCHEDULES: The City Human Resources Department in conjunction with the Finance Department will maintain pay schedules for approved classifications as prescribed by City Ordinance. The City may revise the pay schedule when changes in classes, availability of labor supply, prevailing rates of pay/comparability or economic conditions so dictate. The new pay schedules will become effective upon the effective date of the ordinance that has been approved by the Mayor and City Council. - 39 - All new employees will normally be hired at Step 1 of the pay grade of their position. However, due to extenuating circumstances, an employee may be hired at a higher step with the written approval of the City Administrator. Any employee, who starts in Steps 1 or 2 and successfully completes their introductory period, may move to the next step after 6 months of service. Once an employee reaches Step 3 and above, they will remain in each step for at least 1 year with their performance to be evaluated on the anniversary of the change of status. Following is an example: Step 1 Entry level Step 2 Upon successful completion of the introductory period, not less than 6 months. Step 3 Upon 6 months of service in Step 2 or successful completion of the introductory period. Steps 4-8 Upon the annual anniversary of the change of status with a satisfactory evaluation. Prior to advancing in a step or grade, employees will be evaluated on their performance at least annually. An employee must receive satisfactory performance ratings in order to receive an increase in pay, other than a cost-of- living increase. An employee receiving the highest possible rating in all categories may be considered for more than a one-step increase when recommended by the Department Director and approved by the Human Resources Director and City Administrator. PROMOTIONS: An employee who is promoted will be placed in the lowest step of his or her new pay grade that will permit an increase of at least 3%. After successfully completing the six-month introductory period in theirhis/her new position, they he/she may be reviewed by their Department Director for a step increase at this time. DEMOTIONS: The pay of any employee who is demoted will be on the same step of the pay grade for the job classification to which the employee is being demoted. The City Administrator may at his or her discretion place the demoted employee on a step of the new pay grade that will ensure that the pay of the demoted employee has been reduced. PAY PERIODS: All employees will be paid biweekly. The pay period may be larger or smaller than two weeks. The Finance Director may, at his or her own discretion, because of a holiday or other unforeseen incidents, change the day on which paychecks will be issued. If a holiday falls in the payroll processing - 40 - week the direct deposits may be delayed by one day. Direct deposit is requiredstrongly encouraged for all City employees. SAFE HARBOR: The City uses a payroll cycle that runs bi-weekly (every two weeks). Any employee that identifies a mistake in theirhis/her paycheck should contact their his/her supervisor and/or the Human ResourcesPayroll Specialist so that it is brought to their attention for correction.may be corrected. The City makes every effort to correctly process its payroll and prohibits improper deductions. Any such errors will be corrected as they are identified. CALL BACK PAY: An employee that is called into work from their his/her home will be eligible to receive compensation at the rate of time-and-one-half for the actual hours they are engaging in work. - 41 - CHAPTER FOUR LEAVE POLICIES Employees qualify for the following leave banks only if they are regular status employees that work an average of 30 hours per week. Employees that work on an average of less than 40 but more than 30 shall receive the following leave on a prorated basis. Sec. 4.01 LEAVE The following types of leave are established and shall apply to all employees covered by these rules and regulations: 1. Paid Holidays 7. Administrative Leave 2. Vacation Leave 8. Leave of Absence 3. MedicalSick Leave 9. Funeral Leave 4. Accident Leave 10. Family Medical Leave 5. Military Leave 11. Personal Leave 6. Court Leave 12. Compensatory Time 13. Convenience Day All departments shall maintain a record of each employee accounting for time worked. All types of leave used must be documented on an Absence Report form as provided by the Human Resources Department. Each department is responsible for keeping track of vacation and sick leave for the employees within the department. The records should reflect hours earned, used, and unused. Sec. 4.02 PAID HOLIDAYS The City recognizes the following holidays as paid holidays and the dates that they will be observed on: New Year’s Day January 1 Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Veteran’s Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Day Christmas Day December 25 - 42 - When a holiday falls on a Saturday, it will be observed on the preceding Friday. When a holiday falls on a Sunday, it will be observed on the following Monday. The Mayor may designate such special holidays as circumstances merit. Non-exempt regular full-time and part-time employees who are required to work on a holiday will be granted overtime pay for the time period worked. Regular part-time employees, who work an average of at least 30 hours per week, will be eligible for paid holidays on a prorated basis. Temporary/Seasonal employees are not eligible for paid holidays, and if required to work on a holiday will be paid for the time worked at their normal rate of pay. If a holiday occurs while an employee is on Worker’s Compensation or other disability compensation, no credit for the holiday will be allowed. In order to receive pay for an observed holiday, an employee must not have been absent without pay on the workday immediately preceding or immediately following the holiday unless excused by his or her supervisor. Employees in classifications that do not provide for overtime pay (exempt) shall receive annually a paid holiday to be known as a Convenience Day. The employee’s supervisor must approve the date selected. Sec. 4.03 VACATION LEAVE Vacation leave must be used in not less than one-half hour increments. All regular status full-time employees are eligible to take vacation leave as it is earned and will accrue vacation leave in bi-weekly increments in the following manner: Years 1 through 4 10 working days Years 5 through 6 15 working days Years 7 through 8 16 working days Years 9 through 10 17 working days Years 11 through 12 18 working days Year 13 19 working days Years 14 through 19 20 working days Years 20 through 24 21 working days Year 25 and beyond 22 working days Regular part-time status employees will accrue vacation at a prorated amount based on the average hours worked. Temporary/seasonal employees are not eligible for paid vacations. - 43 - Directors will make every effort to grant requested vacation time,time; however, it must be approved in advance, and will be granted on the basis of work requirements of the department. Seniority will be considered when scheduling vacations within the department. Each employee will take a period of vacation that allows him or her to be away from the workplace for a minimum of five consecutive days which may include weekends, holidays and vacation. Holidays, which occur during an employee’s vacation, do not count as vacation time. Vacation leave must be used in not less than one-half hour increments. CARRY-OVER Employees will be allowed to carry-over the maximum amount of vacation that they earn in one year, plus 80 hours. Current vacation time and carry-over time may be used during a single calendar year when authorized. An employee who fails to use his or her vacation time through the employee’s own decision loses all but the maximum carry-over amounts as mentioned above. The Human Resources Director and City Administrator may waive the provisions of this section in extreme circumstances for the good of the City. TRANSFERS When an employee transfers from one department to another in the City Personnel System, his or her vacation accrual will be transferred to the new department. Transfers made for the convenience of the employee will result in loss of preference in the scheduling of vacation time. PAYMENT FOR VACATION TIME NOT TAKEN Upon termination, regular status employees will be paid in cash for all unused accrued vacation. In the event of the death of a regular status employee, payment will be made to the employee’s beneficiary or estate for all unused accrued vacation time. ADVANCE VACATION The City Administrator may advance vacation leave to a regular status employee in an amount not to exceed that which the employee would earn during the calendar year. Employees who have been advanced vacation leave will reimburse the City for all used unearned vacation leave upon termination. - 44 - 4.04 MEDICALSICK LEAVE Medical leave will be charged in one-half hour increments. MedicalSick leave is defined as a period in which an employee is incapacitated for performance of his or her duties by sickness or injury. It may be a period when an employee is away from work because of medical, surgical, dental or optical appointments or treatment. An employee would qualify for medicalsick leave in the event that his or her exposure to a contagious disease would jeopardize the health of others by being present at the workplace. Another situation where an employee would qualify for medicalsick leave is to care for an immediate family member that is ill or injured. For purposes of medicalsick leave, “immediate family member” shall mean a child, spouse, parent and parents-in-law. “Child” shall include a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing “in loco parentis”. MedicalSick leave may also be used to cover disabilities related to pregnancy. ACCRUAL OF MEDICALSICK LEAVE MedicalSick leave will be accrued at a rate of one working day per month for full- time regular status employees. Part-time regular status employees, who work at least 30 hours per week, will accrue medicalsick leave based on their average hours of work. RESTRICTIONS ON MEDICALSICK LEAVE USE Department Directors may grant medicalsick leave with pay in accordance with the following provisions: · MedicalSick leave may not be granted in advance of accrual. ·Sick leave will be charged in one -half hour increments. · Medical Sick leave may not be used as vacation leave. · Introductory period employees will be entitled to medicalsick leave at the same rate as regular status employees. · Leave without pay may be granted for sickness and disability extending beyond earned balances in accordance with FMLA leave, if applicable. · After six continuous months of service, vacation leave balances may be used for medicalsick leave when medicalsick leave balances have been exhausted. - 45 - · The amount of medicalsick leave granted for necessary care of a sick member of an employee’s immediate family may not exceed five consecutive workdays unless the Department Director grants more time because of unusual circumstances. · In the event of the death of a member of an employee’s immediate family, household, or a close friend, the employee may use medicalsick leave balances to cover up to five working days. The Department may grant more time because of unusual circumstances. · The amount of medicalsick leave charged against an employee’s accrual will be computed on the basis of the exact number of days or hours an employee is scheduled to work, not to exceed 8 hours, when leave is utilized. · Holidays or other regular days off will not be counted in charging medicalsick leave. · Extended or planned medicalsick leave needs to be requested in advance whenever possible, e.g., surgery, maternity leave, etc. · Employees are encouraged to use personal leave for non-emergency dental, optical, and medical appointments and examinations. MedicalSick leave may be denied for the same by the Department Director if personal leave balances are available for the employee’s use. · When an employee transfers within the City Personnel System, the employee’s medicalsick leave accrual will be transferred to the new assignment with the employee. · Employees who are laid off and reinstated will have restored that portion of their unused medicalsick leave accrual. · The applicability of the Family and Medical Leave Act Policy must be determined at the time medicalsick leave is requested. · When an employee is unable to perform his or her duties due to an injury or sickness arising from the course of employment, any available leave may be used for the period of time that no compensation is allowed pursuant to Section 48-119 of the Nebraska Revised Statutes, commonly known as Nebraska Worker’s Compensation Law. If no leave is available, accident leave may be used for the period of time that no compensation is allowed under said law. · All medicalsick leave accrual will expire on the date of separation and no employee will be reimbursed for outstanding medicalsick leave at the time of termination except as provided in these rules and regulations. - 46 - COMPENSATION FOR UNUSED MEDICALSICK LEAVE The City will include in the second paycheck in January of each year; payment for an employee’s unused medicalsick leave in excess of 960 hours accrued in the preceding calendar year. Employees will be compensated at the rate of one- half of their hourly rate of pay for each hour in excess of 960, based on the employee’s current rate of pay at the time of compensation. All non-union employeesemployees, except those that are covered in the Police Department and Fire Department bargaining agreements,will have a contibution made into a VEBA (Voluntary Employee Benefits Association) Trust in the employee’s name will be paid for one -half of their accumulated medicalsick leave at the time of their retirement. The rate of compensation contribution will be based on the employee’s salary at the time of retirement. Department Director’s will have a contribution made into a VEBA Trust in the employee’s name be paid for one-half of their accumulated medicalsick leave, not to exceed 30 days of pay, upon their his/her resignation. The rate of compensation contribution will be based on their employee’s salary at the time of termination. Compensation, at retirement, for unused medicalsick leave will be the same as provided for all other employees above. In the event of the The death of an employee will be treated the same as retirement, and payment will be made to the employee’s beneficiary or estate. to the employee’s beneficiary or estate. REPORTING OF ABSENCE ON MEDICALSICK LEAVE In the event that an employee is absent from work, for reasons that entitle the employee to use medicalsick leave, the employee is responsible for notifying their his/her supervisor at least 30 minutes prior to duty time. If the employee fails to notify their his/her supervisor or the person designated to receive such calls, no medicalsick leave will be approved, except in unusual circumstances to be determined by the Department Director. Immediately upon return to work, the employee needs to submit an Absence Report form as provided in these rules. INVESTIGATION OF USE OF MEDICALSICK LEAVE Department Directors may investigate the alleged illness of an employee absent on medicalsick leave. False or fraudulent use of medicalsick leave may be cause for disciplinary action and may result in termination. - 47 - MEDICAL STATEMENT An employee who is absent on medicalsick leave for more than three consecutive days because of an illness of their his/her own or that of an immediate family member, will be required to furnish a statement signed by the attending physician or other proof of illness satisfactory to the Department Director before returning to work. Sec. 4.05 FUNERAL LEAVE As mentioned earlier, upon the death of a member of the employee’s immediate family or a close friend, an employee may be allowed leave for funeral purposes upon approval of the Department Director. This leave will be deducted from the employee’s medicalsick leave account. Sec. 4.06 COURT LEAVE An employee who is required to serve as a witness or juror in a federal, state, county, police, or municipal court or as a litigant in a case resulting directly from the employee’s work with the City, will be granted court leave with full pay to serve in that capacity. An employee who is called to testify in other litigation that does not involve the employee’s employment with the City, will not be granted court leave but may use vacation leave, compensatory time, or leave without pay. An employee who is called as a witness or for jury duty will provide his or her supervisor with the original summons or subpoena from the court and at the conclusion of duty, a signed statement from the clerk of the court, or other evidence, showing actual time in attendance in court. Fees received for jury service in a federal, state or county court will be deposited with the Finance Director upon the employee’s receipt. This does not apply to funds received by employees who would not have been on duty with the City. Sec. 4.07 ADMINISTRATIVE LEAVE Department Directors may grant administrative leave with pay for the following purposes: · To participate in examinations, funerals and activities directly related to his or her work. - 48 - · To investigate a disciplinary issue, · To compete for positions in the City Personnel System. · To present grievances or appeals to a government official. Department Directors may not grant administrative leave in excess of fifteen days. The Mayor must approve requests for leave in excess of fifteen days. Sec. 4.08 MILITARY LEAVE The City will follow provisions relating to military leave as provided by Nebraska Statutes. Additional Active Duty Leave will be granted for members of the military when they have been called to active duty and the period as defined under State statute has expired. The eligible employee will receive pay for 2 additional pay periods, minus any hours that they he/she are available to work during that period. Their employee’s health insurance benefits may remain in place at the same premium level for 3 additional calendar months at their request. An employee will only be eligible to receive the additional Active Duty Leave one time during the course of a military action. Sec. 4.09 ACCIDENT LEAVE Accident leave is provided by the City to allow a period of recovery from on-the- job accidents. Full pay and benefits will be provided for 150 consecutive calendar days, subject to the waiting provisions in Section 48-119 of the Nebraska Workers Compensation Law. Pursuant to that provision, no compensation will be allowed for the first seven calendar days after a disability begins unless that disability continues for six weeks or longer. When the disability lasts less than six weeks, employees may use any additional leave for the initial seven days and will be granted accident leave if no other leave is available. Employees governed by the Civil Service Act of the State of Nebraska will be provided accident leave according to state statute. Workers Compensation Benefits, that replace lost salary, are to be retained by the employee, and the City will supplement these benefits up to the full gross salary during the period of time that the employee continues to receive salary benefits under these rules. - 49 - Should the employee receiving accident leave pay collect from any other party for wages, he or she must reimburse the City for wages paid as accident leave to the extent wages are collected from any other party. Sec. 4.10 LEAVE OF ABSENCE Department Directors may grant an employee a leave of absence without pay for a period not to exceed 30 days if no leave banks are available.. The Mayor must approve a request for a leave of absence without pay in excess of 30 days. Sec. 4.11 PERSONAL LEAVE DAYS Personal leave must be used in not less than one-hour increments. The City provides two non-cumulative personal leave days each calendar year to all full-time regular status employees. Personal leave days are provided to employees to use in lieu of medicalsick days for routine medical visits and to allow employees to take care of other personal business. One personal leave day must be taken within the first six months of the calendar year and one personal leave day must be taken within the last six months of the calendar year. Prior approval of the Department Director is required for the days that are requested off. Regular status part-time employees, who work on an average of at least 30 hours per week, are eligible for personal leave days on a prorated basis. Personal leave must be used in not less than one-hour increments. In addition to two personal leave days, the City will provide one annual personal leave day that will be granted at the beginning of the calendar year and must be used by the end of the calendar year. Annual personal leave may not be taken in less than one hour increments. Sec. 4.12 CONVENIENCE DAY One convenience day will be granted each calendar year to all exempt employees. This leave must be used in a full-day increment and the date of leave approved by the employee’s supervisor. - 50 - CHAPTER 5 BENEFITS To be eligible for benefits with the City, employees must be classified as a regular status employee and regularly work 30 hours per week. Sec. 5.01 HEALTH INSURANCE Health/dental insurance benefits are provided to regular status full-time employees. This insurance covers the employee and the employee’s spouse and children, when eligible. Regular status part-time employees that maintain an average of at least 30 hours of work per week are eligible for single coverage benefits only. The City maintains the right to require employees to pay a portion of the insurance premium cost. Employees are eligible to participate in the program on the first of the month following completion of 60 days of employment. A copy of the current health benefit plan will be given to all eligible new employees in the orientation process and is available to all personnel who request it through the Human Resources Department. The City of Grand Island will comply with all Consolidated Omnibus Budget Reconciliation Act (COBRA) laws that apply to each employee as he/she leave employment. Retired employees with at least 10 or more years of service and who have attained the age of 55 may retain health insurance coverage at their expense until they reach the age when they are eligible for Medicare. Sec. 5.02 LIFE/ACCIDENTAL DEATH INSURANCE All regular status employees who work on average at least 30 hours per week will receive City-paid life/accidental death insurance coverage. Employees may obtain additional life and accidental death insurance at their own expense through the City. A copy of the current life insurance benefit plan will be given to all eligible new hires during orientation and is available to all personnel who request it through the Human Resources Department. - 51 - Sec. 5.03 CAFETERIA PLAN The City provides employees with the opportunity to set money aside from their paychecks into a cafeteria plan. This plan allows an employee to set money aside for expected medical and daycare expenses on a pre-tax basis. For more details, contact the Human Resources Department. Sec. 5.04 PENSION PLAN The City provides a pension plan that employees are eligible for immediately. Participation is mandatory upon first day of employment. Employees defer 6% (pre-tax) of their pay into the pension plan. The City matches the 6% contributed by the employee. Employees direct 100% of Employee and Employer contributions. The vesting schedule is as follows: - 1 year = 60% - 2 years = 70% - 3 years = 80% - 4 years = 90% - 5 years =100% Sec. 5.05 LONG TERM DISABILITY The City provides its employees with long term disability coverage. Employees are eligible for coverage the first of the month following 60 days of continuous employment. Sec. 5.06 TUITION REIMBURSEMENT Tuition reimbursement will be available after 6 months of employment, subject to the following restrictions, for the purpose of enhancing the knowledge and skills of employees to better perform their current duties. Qualification Process – the Department Director based on the following considerations will make the determination of whether a request qualifies for the Tuition Reimbursement Program: · Is Tthere is budget authority.y? · TIs the course is job related.? · TIs there is supervisor approval? · Is tThe employee requesting reimbursement is not eligible for other assistance programs.? - 52 - Approval Process – To receive tuition reimbursement, the employee must submit a “Tuition Request Form”, which contains the qualification information listed above, as well as the employee’s financial request prior to beginning the course. Reimbursement will be allowed for books and other fees. Tuition reimbursement is available only to regular full-time status employees. If the employee is eligible for other assistance programs, the City will provide secondary benefits only. Reimbursement Process – Any employee requesting tuition reimbursement will submit a grade report indicating the grade received for the class that was taken. Reimbursement will be as follows: C or betterA or B – 100% C – 80% The Department Director will include the request for reimbursement in the next payroll period. Annual tuition reimbursement will be limited as follows: Less than two years of service: $600.00 Two to five years of service: $1,000.00 Over five years of service: No limitations Sec. BILINGUAL5.07 BILINGUAL PAY Employees who are proficient in an approved second language will be paid $1000500 per calendar year, payable in the second check in November. In order for an employee to collect bilingual pay, the employee must be actively employed in November. The Department Director will determine whether bilingual skills are needed based upon the interaction of the department with the public. If bilingual skills are needed, the Department Director will determine which languages are “approved” based upon the needs of the department as they relate to the demographics of Grand Island. A test will be given by the Human Resources Department to test the proficiency of the employees in each approved language before an employee is eligible for bilingual pay. The bilingual test will measure, among other things, an employee’s conversational ability. Bilingual pay will be prorated based on the employee’s average hours worked. An employee that is hired as an interpreter will not be eligible for bilingual pay. - 53 - CREDIT UNION The City of Grand Island provides employees with the opportunity to join a credit union. The degree to which an employee participates by investing and borrowing is optional. Sec. 5.08 CLOTHING ALLOWANCE Some departments require certain items of clothing as standard equipment. In those instances where a requirement has been imposed, the cost of said requirement will be either partially or fully paid by the City. Allowances vary by department and are subject to labor agreements. Sec 5.09 Voluntary Employee Benefits Association (VEBA) All non-union employees will be eligible to participate in the group VEBA. A contribution will be made on the employee’s behalf each pay period. Employees will have access to the money in their VEBA account upon termination with the City. Human Resources will provide employees with material that further defines the plan. REIMBURSABLE BUSINESS TRAVEL EXPENSES The City will follow the provisions of Ordinance 7978, as updated, commonly known as the “Miscellaneous Expenditures Act” in determining reimbursable expenses. When there is any conflict between this provision and Ordinance 7978, as amended, Ordinance 7978 shall supersede these provisions. Authorized expenses may include: ·Registration costs, tuition costs, fees or charges. ·Mileage at the then current rate allowed by Section 81-1176 of the statutes of the State of Nebraska, or actual travel expenses if travel is by commercial or charter means. ·Meals and lodging at a rate not exceeding the applicable federal rate as set forth in the Joint Travel Regulations (JTR), unless a fully itemized claim is submitted substantiating the costs actually incurred in excess of such rate and such additional expenses are expressly approved by the Mayor and City Council. A copy of the JTR is available through the Finance Department. - 54 - Authorized expenses shall not include expenditures for any incurred by a spouse unless the spouse is also an employee of the City and if the expenses incurred relate to the spouse’s job. FAMILY and MEDICAL LEAVE ACT POLICY This policy establishes the rights and obligations of the City Of Grand Island and its employees with respect to leave necessary for medical care of employees and their families pursuant to the 1993 Family and Medical Leave Act more commonly referred to as FMLA. An employee must be employed by the City for at least 12 months (the 12 months need not be consecutive) to be eligible to receive leave under this policy. Additionally, the employee must have worked at least 1,250 hours in the year preceding the date the employee seeks to start the leave. Eligible employees are entitled to take up to 12 weeks of unpaid leave during a 12 month period for the following purposes: childbirth, adoption or placement of a foster child; or to care for a child, spouse, or parent with a serious health condition; or one’s own serious health condition. A serious health condition means an illness, injury, impairment, or physical or mental condition that involves inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider. The City will observe a rolling 12- month period for purposes of tracking leave. Employees requesting leave due to the birth, adoption, or placement of a foster child are required to provide written notice at least 30 days prior to the date that leave is anticipated to begin or as is possible if the event would occur earlier than anticipated. Employees requesting family leave related to the serious health condition of themselves or a child, spouse, or parent may be required to submit a health care provider’s statement verifying the need for such leave, the beginning and ending dates, and the estimated time required. Failure to provide required certifications may result in the denial of the leave or request for leave on an intermittent basis. When both spouses are employed by the City, they are jointly entitled to a combined total of 12 weeks of leave if the leave is for the birth, adoption, or placement of a foster child or to care for a parent with a serious health condition. Each spouse is entitled to 12 weeks of leave if the leave is due to his or her own serious health condition or to care for a son, daughter, or spouse with a serious health condition. An eligible employee that is taking FMLA leave is required to use all accrued sick leave before going on unpaid status. The employee may choose, but is not - 55 - required, to use accrued vacation and personal leave prior to taking leave on unpaid status. Benefits While on Leave - During any period of leave under this policy, an employee’s group health ins urance coverage will be maintained at the same level and under the same conditions as before the leave began. Employees who normally made a contribution toward their health insurance coverage must continue to do so. If the employee has leave banks accrued and is using them, the employee’s contribution will be collected in the same manner as if the employee were reporting to work. However, if the employee’s leave banks have been exhausted, the employee must arrange with the Finance Department prior to the start of their leave, for the payment of the employee’s share of the premiums and other voluntary deductions. Once an employee has exhausted all leave banks, they will not accrue any other benefits. This includes vacation time, sick leave time, holidays and personal days. Return to Duty – An employee who has taken leave for their own serious health condition, will be required to present certification of fitness for duty from a health care provider prior to returning to work. Failure to provide certification may cause denial of reinstatement. Upon return to duty, an employee is entitled to restoration of the former position or an equivalent position with equivalent pay and benefits. NOTES - 56 - - 57 -