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Resolution - 2022 - 22-08 - Adopting The Amended And Restated Personnel Policy - 10/11/2022 RESOLUTION NO. 22-08 A RESOLUTION OF THE CITY OF EAGLE,IDAHO ADOPTING THE AMENDED AND RESTATED CITY OF EAGLE PERSONNEL POLICY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Eagle, Idaho ("City") respects the needs of City Employees to understand the conditions of employment, evaluation and benefits; and WHEREAS, Employee Personnel Policies are useful tools for disseminating such information; and WHEREAS, The City of Eagle's Personnel Policy is intended to be a working document for purposes of clarifying the general nature of employment at the City of Eagle; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Eagle, Idaho,that this Personnel Policy identified as "Exhibit A" shall take effect and be in on October 16, 2022. This Personnel Policy shall repeal, supersede, and take precedence over any and all other personnel policies of the City of Eagle. Adopted and approved by the Eagle City Council on this 11th day of October, 2022. CITY OF EAGLE ,• O PIERCE • OR OLE AT EST: ti •......• * �'• "y_ TRACY RN, CMC Sv:.v 44) 4 CITY CL RK � ;':'�4 * .....•• STP` .•`� 2 THE CITY OF EAGLE PERSONNEL POLICY RESOLUTION 22-08 ADOPTED by City Council Approval date: October 11, 2022 Effective date: October 16, 2022 3 CITY OF EAGLE PERSONNEL POLICY WELCOME The City of Eagle’s Personnel Policy provides relevant information regarding City policies and benefits. Each employee should read and become familiar with information contained in this Personnel Policy. If an employee has questions regarding the information provided herein, the Department Supervisor or the City Clerk’s Office/Human Resources Officer will discuss them with the employee. Failure to comply with the City’s policies or procedures may result in discipline, up to and including termination. The Personnel Policy and its contents supersedes and replaces all previous personnel policies, except as otherwise provided herein, and any representations made prior to its issuance, whether such were verbal or written, implied or expressed, or otherwise stated/given, even if such prior representation covered areas not addressed in this Personnel Policy. When the “City” is referenced in this Personnel Policy (“Policy”) it means all Departments of the City of Eagle; when “Human Resources Officer” is referenced herein, it means the office of the City Clerk, or Designee; when “Department Supervisor” is referenced herein it includes both Department Supervisors and the Library Director. The City of Eagle reserves the right to modify any of the polices, benefit offerings, and procedures, including those covered in this Policy, at any time, without prior notice to and consent of City employees. Changes may be made at the sole discretion of the City Council. The City reserves the right to interpret and administer the provisions of this Policy as needed. In the event there exists differing interpretations of a specific policy contained in this Policy, the Human Resources Officer will issue, a final interpretation of this Personnel Policy. If any chapter, section or portion of this Policy is found to be invalid by duly constituted authority, it shall not affect the validity of the balance of these policies and procedures. If any portion of these policies and procedures are in conflict, the most recent amendments shall apply. Elected Officials and Independent Contractors of the City of Eagle are not covered by the provisions of this Policy, except where specifically identified. The responsibility and authority for the enforcement and administration of the policies and procedures set forth herein are vested in the Mayor, Human Resources Officer and the Department Supervisors. At the time of employment each employee shall be provided a copy of the Personnel Policy. It is the responsibility of the employee to familiarize themselves with the contents of the Personnel Policy and to acknowledge its receipt. 4 INTRODUCTION TO PUBLIC EMPLOYMENT The City of Eagle is a political subdivision of the State of Idaho, though it is not a part of state government. The Eagle City Council serves as the governing body for the City of Eagle, carrying out local legislative duties and fulfilling other obligations as required by law. The City Council is the general policymaker for the City and has primary authority to establish terms and conditions of employment with the City. The Mayor may appoint personnel to help carry out administrative responsibilities. As with all elected public officials, the Mayor and City Council are ultimately responsible to the voters of the City. City Elected Officials have certain powers as set forth in Idaho Code. The terms set forth in this Policy reflect public entity policy at the time of its printing, but they are subject to change at any time, without prior notice, and at the sole discretion of the City Council. The City of Eagle wishes to maintain an effective, productive, and disciplined work force in order to deliver outstanding quality services to the citizens of Eagle. Employees are responsible for performing their jobs in a safe, productive and effective manner and within the instructions and standards established by the employees’ Department Supervisors. In addition, employees are expected to maintain acceptable standards of conduct in their employment. Department Supervisors are responsible for communicating job duties, responsibilities and performance standards and expectations. Department Supervisors accomplish this through many ways including, but not limited to: job orientation, job instruction, coaching, informal discussions and performance evaluations with employees. Each employee should recognize that although they may serve as an employee supervised by the Mayor or a Department Supervisor, they remain an employee of the City and not of the official who supervises their work. The terms and conditions set forth in this Personnel Policy, and in the Resolutions and Policy Statements that support it, cannot be superseded without the express written authorization of the City Council. That is particularly true for terms or conditions that would establish a current or future financial obligation for the City. An employee may, however, work for a Department with an operational policy that provides additional direction to employees on expectations and procedures unique to that Department. EQUAL EMPLOYMENT OPPORTUNITY STATEMENT The selection of employees and all employment decisions, including classification, transfer, discipline, and discharge, will be made without regard to race, religion, gender, sex, age, national origin, non-job-related disability or any other characteristic protected by law. No job or class of jobs will be closed to any individual except where a mental or physical attribute, sex or age is a bona fide occupational qualification. It is the Policy of the City of Eagle to comply in all respects with the Americans with Disabilities Act (ADA), the Americans with Disabilities Amendments Act - (ADAA) and the Uniformed Services Employment and Reemployment Rights Act - (USERRA). The City of Eagle will endeavor to make reasonable accommodations for qualified individuals with known disabilities, unless doing so would result in an undue hardship. An employee should advise their Department Supervisor or the Human Resources Officer if they require an accommodation to enable the employee to perform the essential tasks of the job. 5 The City of Eagle will also endeavor to make reasonable accommodations for its employee’s religious needs and practices, including those related to the appearance and observance of holidays. An employee should advise either their Department Supervisor or Human Resources Officer if they require accommodations for religious reasons. YOUR EMPLOYEMENT RELATIONSHIP WITH THE CITY This Policy is designed to introduce you to the City, familiarize you with various policies, practices and procedures currently in effect at the City, and help answer many of the questions that may arise in connection with your employment. This Policy is not a contract of employment and does not create a contract of employment. All employees of the City of Eagle are considered “AT WILL”: This Policy does not create a contract, express or implied, guaranteeing you any specific term of employment, nor does it obligate you to continue your employment for a specific period of time. Its purpose is simply to provide you with a convenient explanation of present policies and practices of the City. Employees may be terminated with or without cause absent prior notice regardless of any clause in this Personnel Policy. All employees of the City are at-will and are employed at the discretion of the Mayor and/or the Department Supervisor in which the employee works. Only a signed written contract authorized by the City Council can alter the at-will nature of employment regardless of anything written, or spoken, by the Mayor or Department Supervisor. Employees have no right to continued employment or employment benefits, except as may be agreed to in writing and expressly approved by the City Council. All provisions of this Policy will be interpreted in a manner consistent with this paragraph. In the event of any irreconcilable inconsistencies, the terms of this paragraph will prevail. EMPLOYEE CODE OF CONDUCT Employees are expected to conduct themselves in a professional manner that is both civil and cooperative. City employees are public employees and therefore are exposed to additional public scrutiny in both their public and personal conduct. The Workplace Conduct and Prohibited Workplace Conduct (collectively “Code of Conduct”) has been established to aid employees in understanding both expected and prohibited conduct. Violations of the Code of Conduct will be grounds for disciplinary action up to and including termination of employment. This list is illustrative and not inclusive. Other behaviors and acts of misconduct not specifically detailed herein may be grounds for disciplinary action as well. Nothing herein is intended to change the “At-Will” nature of employment or limit the reasons for which an employee may be disciplined. It is the responsibility of each Department Supervisor to monitor the employees under their supervision regarding personal performance and behavior, Workplace Conduct and Prohibited Workplace Conduct. WORKPLACE CONDUCT Each employee of the City of Eagle is expected to conduct themselves as a professional in harmony with the high standards of the City as established by policies and other stated goals. Each employee must recognize that public employees are subject to additional public scrutiny in their public and personal lives because the public's business requires the utmost integrity and care. In order to accomplish the goals of the City as a public institution, each employee is expected to avoid personal behaviors which would bring unfavorable public impressions of the City and its Elected Officials. 6 EXPECTED CONDUCT Each employee is expected to conduct themselves in a professional manner. In order to accomplish this, each employee must: 1. Be respectful, courteous and professional. Work cooperatively and constructively with fellow workers and members of the public to provide public service of the highest quality and quantity. 2. Give their best efforts to accomplish the work of the City for public benefit in accordance with City policies and procedures . Each employee shall be subject to the administrative authority of their Department Supervisor. 3. Each employee shall follow the rules regarding the reporting of work hours and the approval that must be given for pay record submittal. Failure to follow such rules may be grounds for delayed payment of wages or reimbursements, or for imposition of appropriate disciplinary penalties. 4. Adhere to the defined work schedule and procedures. Follow rules regarding work hours or adjusted work hours as determined by Department Supervisor or Mayor. Work hours may be changed to accommodate the completion of necessary work. 5. Be prompt and regular in attendance at work for defined work schedules or other required employer functions and follow procedures for expectations to the normal schedules, including the scheduling and taking of personal time off. Reports of chronic lateness shall be investigated by the Department Supervisor and appropriate disciplinary action, up to and including termination of employment, may be taken if the tardiness continues. 6. Abide by all departmental rules, including dress standards, whether written or issued orally by the Department Supervisor. No employee will be required to follow the directive of a Department Supervisor that violates the laws of the City of Eagle, the State of Idaho or Federal Laws. 7. Abide by pertinent Statutes, and City of Eagle ordinances concerning the dissemination of information to the public from public records or about public matters. Each employee shall maintain the confidential nature of records that are not open to public scrutiny in accordance with the direction of the Records Specialist. 8. Avoid nepotism in appointments and working relationships with other employees in the City. No employee shall engage in conduct, which violates State Nepotism Laws. 9. Avoid conflicts of interests in appointments and working relationships with other City employees, contractors and potential contractors in the City and related agencies. 10. Adhere to any code of ethics in their profession and not engage in conflicts of interest or use their public position for personal gain. 11. Not engage in conduct which violated Idaho Code 18-1356–Conflict of Interest Laws. 12. Be professional and on task when performing job functions. Unprofessional behavior, such as “horseplay” distracts from quality of work, poses a safety risk and will not be tolerated. 13. Do not accept gifts, gratuities in excess of $50.00 or loans from organizations, business concerns, or individuals with whom the employee has official relationships while on business of the City. These limitations, however, are not intended to prohibit the acceptance of articles 7 of negligible value, which are distributed generally, or to prohibit employees or officials from accepting social courtesies, which promote good public relations. These limitations are not intended to prohibit employees from obtaining loans from regular lending institutions. It is particularly important that inspectors, contracting officials and enforcement officials guard against relationships, which might be construed as evidence of favoritism, coercion, or unfair advantage or collusion. 14. Not serve on any board or commission which regulates City Code or otherwise affects the official duties or personal interests of said employee in a way that could create disadvantage for other members of the public or for the employee. 15. Maintain a current appropriate driver’s license when employees job or the City requires the employee to drive a vehicle as part of their responsibilities. Employees must report any state- imposed driving restrictions to their Department Supervisor and notify their Department Supervisor of their driving abilities that are impaired. Employees will not engage in conduct in the operation of a motor vehicle that impairs the ability of the employee to perform job functions even though the driving conduct does not occur during hours of employment. 16. Not engage in workplace or public conduct otherwise detrimental to the accomplishment of the goals established by the Mayor, the City Council, or the Department for whom they work. 17. Follow all rules for care and use of public property to assure that the public investment in equipment is protected and that the safety of the public and other workers is maintained. 18. Follow all rules for reporting accidents on the job. Each employee shall cooperate in the reporting and reconstruction of any job-related accident in order that workplace hazards can be eliminated, and that proper consideration can be accorded to injured workers and the public. 19. Report any accidents observed to have happened on City property or involving City property. Each employee shall provide as much information as they can from the observations made in the course of activities associated with one's work. Such information should be reported to the employee's Department Supervisor as soon as physically possible and reasonable efforts should be made to assist those in need. 20. Follow all rules regarding safety in the workplace whether established formally or informally by the Department Supervisor or by outside agencies. Employees are encouraged to suggest ways to make the workplace or work procedures safer. 21. Perform such obligations as are necessary to carry out the work of the City in an efficient and effective manner at minimal costs and with limited risk to the public and fellow workers. 22. Keep the general work areas clean and orderly. While the buildings have custodial services to maintain most of the larger areas, individual employees are responsible for the neatness of their own work areas. 23. It is important for individuals to keep all personal valuables in a safe and secure place. Employees shall report any suspicious circumstances or missing items to their Department Supervisor immediately. Also, employees shall secure their individual workstations using the designated log offs or other password-related security checks when away from their station. 8 PROHIBITED CONDUCT Employees are expected to refrain from behaviors that reflect adversely upon the City. The following list of prohibited workplace conduct are representative, not all-inclusive of prohibited workplace conduct within the workplace; employees of the City shall refrain from: 1. Use any substances, lawful or unlawful, that will impair the employee’s ability to competently perform their work or threaten the safety and well-being of other workers or the public. If the employee is prescribed a medication that may impair the employee’s ability to safely do their job, the employee is required to provide a physician’s note explain the possible effects of the medication on the employee’s ability to do their job and the length of the time that the employee will be required to take the medication. Refer to the “Drug Free Workplace Policy”. 2. Engage in abusive conduct to fellow employees or to the public or use abusive language in the presence of fellow employees or the public. Abusive language shall include, but is not limited to: profanity, loud, harassing or offensive speech. 3. Sleep or be absent from the employee's workstation when on duty. Employees shall be attentive to their work at all times. 4. Engage in malicious gossip and/or spreading rumors; engaging in behavior designed to create discord and lack of harmony; willfully interfering with another employees work output or encouraging others to do the same. 5. Use work time for personal business including but not limited to the following actions: selling of goods or services, or voicing religious, political, or social views to fellow employees. 6. Engage in political activities while on duty in public service. Employees shall enjoy full political rights when not carrying out their work obligations. 7. Knowingly provide false or misleading statements to the Public, the Mayor, the City Council, the or a Department Supervisor. 8. Provide false or misleading information on employment applications, job performance reports, or any other related personnel documents or papers. 9. Discriminate in the treatment of co-workers or members of the public on the basis of race, religion, gender, age, disability or national origin. 10. Use of tobacco products and e-cigarettes of any kind is not allowed within all indoor spaces of the City’s buildings and facilities or in City vehicles. Smoking is only permitted outside of City buildings, parks and facilities. 11. Violate state statutes or local rules regarding the inappropriate use, alteration, destruction, or removal of any Public Records required by law to be kept by the City or by other Public Officials. 12. Abuse employee benefit offerings or otherwise participate in a scheme or deception designed to create incorrect personnel records or to claim benefits which are not deserved or earned in accordance with the City’s Personnel Policy. 13. Violate rules concerning absence from the workplace without proper authorization. Employees must obtain prior permission as required by this Personnel Policy for use of Paid Time Off (PTO), bereavement or other types of leave granted by this Personnel Policy. Failure to comply with the Personnel Policy may result in disciplinary action or dismissal. 9 14. Engage in prolonged visits with co-workers, children, friends, family members, acquaintances, salespersons or others not related to City business, whether in person, over the telephone or electronic manner (i.e., e-mail), or engage in another business or other personal endeavor which interfere with the course of work in the Department in which the employee serves. 15. Use telephones, computers, and other City property in the office or workplace in a manner that violates this Policy or that disrupts the work or workflow. Workplace equipment shall not be used for any purpose relating to the employee's business or other personal use. 16. Engage in criminal conduct involving any theft, fraud, violence, or such related crimes. Additionally, any employee who drives City vehicles and is convicted of a misdemeanor or felony moving violation will be grounds for disciplinary action up to and including termination of employment. 17. Disregard any rule established by the City created to promote safety, maintain order and productivity in the workplace. 18. Allow use of unlawful substances or consumption of alcoholic beverages in any vehicle at any time or any City building without an appropriate permit. 19. Violate any lawful rule established by the City to maintain safety, order and productivity in the workplace. 20. Unauthorized duplication or misuse of City keys or personnel key cards. 21. Engage in conduct at or away from work that may reflect adversely upon the City or its officials or otherwise impair the employee’s ability to perform. 22. Engage in criminal conduct of any kind while on or off the job. The foregoing list is not all-inclusive. Violation of any of the rules set forth in this Personnel Policy shall be grounds for disciplinary action, up to and including termination of employment. The rules contained in this Personnel Policy are subject to change at any time in the sole discretion of the City Council. Potential penalties for violation of any such rules may include but shall not be limited to: a. Leave with or without pay. b. Suspension for a variable or fixed period. c. Demotion to position with lower compensation and/or authority. d. Reprimand e. Termination. These penalties are listed in no particular order nor is there any requirement that a lesser penalty is required prior to termination or other such disciplinary action. WORKPLACE VIOLENCE The City seeks to provide a violence-free workplace. Violence in the workplace poses a threat to the safety of City employees and the general public. The City will not tolerate acts and behaviors that are likely to result in workplace violence, including, but not limited to, abusive language, hitting or shoving, threats of bodily harm, threats or acts of violence, brandishing of an object which may be used as a weapon, sending threatening, harassing or abusive e-mails and faxes, using the workplace to violate protective orders and stalking. All employees are responsible for minimizing workplace violence. All acts or threats of violence 10 should be promptly reported to the Mayor or a Department Supervisor as appropriate. Employees should also report situations that they believe could lead to workplace violence, including but not limited to protective orders or other no-contact orders. Any employee who is determined to be responsible for acts or threats of violence, or other conduct listed in this section, will be subject to prompt disciplinary action up to and including termination of employment. UNLAWFUL WORKPLACE DISCRIMINATION HARRASSMENT AND RETALIATION The City strives to maintain a supportive and civil workplace, one in which employees treat each other with respect and dignity. In keeping with these values, the City prohibits and does not tolerate unlawful workplace discrimination, harassment or retaliation. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile or offensive to reasonable people. Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment at an early stage to prevent its escalation. Designated City Officials: The City designates the Mayor, Department Supervisors the Human Resources Officer and the City Attorney as the Designated City Officials who will be responsible for directing the procedures of this Policy. The following defined terms are applicable to this section: Legally protected class means a personal characteristic that is protected by law. This includes race, color, national origin, religion, sex, age (40 and over), disability, or any other characteristic protected by law. A. Workplace Discrimination: Workplace discrimination is when one or more persons in a legally protected class are treated adversely with respect to their participation in the workplace. Adverse employment actions usually involve decisions made by Department Supervisors that affect the workplace status and benefits of employees. Illegal adverse employment actions may include, but are not limited to, not hiring a qualified applicant due to their age, not promoting an employee due to their religious beliefs, denying an employee a raise due to their race, disciplining an employee more harshly than others due to his/her sex, and terminating an employee due to their national origin. B. Workplace Harassment: Workplace harassment is unwelcome conduct that is directed to one or more persons, in a legally protected class, that interferes with their participation in the workplace. The offensive conduct must be severe or recurring such that it creates a work environment that a reasonable person would consider intimidating, hostile or abusive Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures. C. Workplace Sexual Harassment: Sexual harassment is a specific type of workplace harassment. Since it is particularly destructive 11 to the work environment it is more thoroughly addressed here. Sexual harassment occurs when one or more persons are subject to unwelcome sexual advances, request for sexual favors, or other verbal, non-verbal, visual or physical harassment of a sexual nature that is so severe or recurring such that it creates a hostile or offensive work environment. Sexual harassment includes sexually harassing others of the same and/or different gender, gender identity or gender expression. Sexual harassment is unlawful whether it involves co-workers, Department Supervisors, Elected Officials, or customers of the City. Sexual harassment may include, but is not limited to: 1. Leering, making sexual gestures, or displaying derogatory and or sexually suggestive objects, pictures, cartoons, posters or drawings; 2. Sexually degrading language, derogatory comments, epithets, slurs, sexually explicit jokes or comments; 3. Verbal or non-verbal unwanted sexual advances or propositions; 4. Threatening or making reprisals after a negative response to sexual advances; 5. Offering employment benefits such as raises, promotions and job retention in exchange for sexual favors; 6. Unwanted physical conduct such as touching, massaging, pinching, patting, hugging; 7. Physical interference with normal work or movement including impeding or blocking movement. D. Hostile Work Environment: A hostile work environment is discrimination or harassment in the workplace in which comments or conduct based on a legally protected class, unreasonably interferes with participation in the workplace. To a reasonable person, the comments or conduct must be severe or recurring such that it creates an intimidating or offensive work environment. Isolated incidents, petty slights, occasional teasing or impolite behavior are generally not sufficient to create a hostile work environment. Examples of a hostile work environment may include, but are not limited to, being subjected to daily racial slurs, recurring derogatory comments about job performance based on gender, continuous sexual advances or propositions, frequently receiving sexually explicit emails from a coworker, physical harassment like hitting, pushing, groping and other touching. E. Workplace Retaliation: Workplace retaliation is when an employee is punished or negatively treated because the employee engaged in legally protected activity, including initiating a complaint of discrimination or harassment, providing information or assisting in an investigation or refusing to follow orders that would result in discrimination or harassment. Retaliation can result from employment action taken by a Department Supervisor, an Elected Official or from acts of other employees. Examples of conduct that might be considered retaliation for engaging in protected activity include assigning the employee to less desirable tasks or shifts in the office, denying an employee a promotion or raise, socially isolating an employee, playing practical jokes on the employee, and allowing other employees to be critical of an employee for participating in a workplace investigation into alleged discrimination or harassment. 12 F. Responsibilities: 1. Employee Responsibilities: Employees should report incidents of discrimination, harassment, sexual harassment, hostile work environment or retaliation as soon as possible after the occurrence. Regardless of whether the offensive act was committed by a Department Supervisor, an Elected Official, co-worker, vendor, visitor or customer, the incident should be reported. The employee may report the incident to any of the listed Designated City Officials. • A Designated City Official: i.e. the Mayor, Office of the City Clerk or Human Resources Officer. • Any Department Supervisor. • City Attorney. If the initial reporting is done verbally, the employee may be asked to provide a written account of the incident. 2. Department Supervisor Responsibilities: All Department Supervisors are expected to ensure that the work environment is free from unlawful discrimination, harassment, sexual harassment, retaliation or the development of a hostile work environment. They are responsible for the application and communication of this policy within their work areas. Department Supervisors shall: • Encourage employees to report any violations of this policy before the harassment becomes severe or recurring. • Make sure a Designated City Official and the City Attorney are made aware of any inappropriate behavior in the workplace. • Create a work environment where sexual and other harassment, discrimination, or retaliation is not permitted. • Correct any behaviors they observe that could constitute unlawful discrimination, harassment, sexual harassment or hostile work environment. • Report any complaint of unlawful discrimination, harassment, sexual harassment, retaliation or hostile work environment to a Designated City Official and City Attorney. G. Procedure for Reporting and Investigating: The City Attorney and the City’s insurer (ICRMP) will be notified and engaged in all phases of any proceeding or investigation. The following steps must be followed to report and investigate incidents of unlawful discrimination, harassment, sexual harassment, retaliation, or the development of a hostile work environment. 1. A person who believes he/she has been unlawfully discriminated, harassed or retaliated against, or who observes or knows about behavior in the workplace that could be unlawful discrimination, harassment or retaliation, should report it to the Designated Official, Department Supervisor, Human Resources Officer or City Attorney. The individual receiving the report must then forward it to the Human Resource Officer. If the Designated Official is the subject of the complaint, the report must then be forwarded to City Attorney 2. Once such a complaint has been made, the complaint cannot be withdrawn by the complainant without a determination that it was made erroneously. 13 3. The Designated Official should promptly review the complaint and consult with the City Attorney for the City and the Human Resources Officer. 4. In appropriate circumstances, the person who is alleged to have committed the offense may be placed on paid or unpaid administrative leave pending a resolution of the allegations. 5. The Designated Official, in consultation with legal counsel for the City, should engage an appropriate person to investigate the complaint. The investigator should be a neutral party. 6. The investigator should interview the complainant, the person alleged to have committed the offenses, and any relevant witnesses to determine whether or how the alleged conduct occurred. 7. At the conclusion of the investigation, the investigator will submit a report of the findings to the Designated Official, who will then route it as appropriate. 8. The Designated Official and/or the appropriate supervisors and legal counsel for the City will meet separately with both the complainant and the person alleged to have committed the offenses to notify them in person of the findings of the investigation. 9. The complainant and the person alleged to have committed the offenses may submit written statements to the Designated Officials and/or supervisors challenging the factual basis of the findings. Unless circumstances prevent, the statement must be submitted no later than 5 working days after the meeting in which the findings of the investigation are discussed. 10. After the Designated Official and/or Department supervisors have met with both parties and reviewed the documentation, and after consultation with the City Attorney, a decision will be made as to what action, if any, should be taken by the Mayor or Department Supervisor. 11. At the conclusion of this complaint procedure, the complainant should be informed that appropriate action, if any, has been taken. Because disciplinary personnel matters are confidential, details of the specific discipline should not be shared with the complainant. H. Disciplinary Action: If it is determined that unlawful discrimination, harassment or retaliation has occurred, an appropriate course of action will be taken by the City. The action will depend on the following factors: a. The severity, frequency and pervasiveness of the conduct; b. The conduct of the respective employees; c. Prior complaints made against the person alleged to have committed the offenses; and d. The quality of the evidence (first-hand knowledge, credible corroboration etc.). If problematic conduct is revealed in the investigation, corrective action may be taken even if the investigation is inconclusive or if it is determined that there has been no unlawful discrimination, harassment or retaliation. I. Confidentiality: Confidentiality will be maintained to the fullest extent possible in accordance with applicable federal, state and local law. However, a complete and thorough investigation of the allegations will require the investigator to inform witnesses of certain aspects of the complaint in order to obtain an accurate account of the actions of the parties involved. The City’s insurer may also be engaged to assisting all phases of any proceeding or investigation. 14 NO SMOKING POLICY City buildings and facilities are non-smoking in accordance with State and Federal requirements. Use of tobacco products and e-cigarettes of any kind is not allowed within all indoor spaces of the City buildings, facilities or in City vehicles. Smoking is only permitted outside of City buildings, parks and facilities. DRUG FREE WORKPLACE POLICY Statement of Purpose: To establish a “Drug-Free Workplace” for the safety and health of the City of Eagle employees, customers and the general public; to increase employees’ productivity and work quality; to enhance a competitive marketplace position; and also, to support the objectives of the Idaho Private Employer Alcohol and Drug-Free Workplace Act. (I.C. 72-1701, et seq.) This Policy was adopted by the City Council by Resolution No. 08-13. Scope: All employees are subject to the conditions and terms of this Policy. Policy: In keeping with the City of Eagle’s objective to provide a safe and healthy work environment, it is the City’s Policy that: 1. The possession, sale, transfer, attempt to sell or use of prohibited drugs while on the job, on City time, on City and/or Non-City property, where work is taking place, or in any other circumstances which might adversely affect City operation or safety is strictly prohibited. Any illegal substance that is found in the possession of an employee or on the premises will be turned over to appropriate law enforcement agencies and may result in criminal prosecution. 2. Employees will not be permitted to work with a detectable level of prohibited drugs in their system. Prohibited drugs include both illegal and legal substances, including alcohol or prescription drugs that have not been specifically prescribed and/or used as prescribed by a licensed physician (or other appropriate healthcare professional) for specific treatment purposes of the employee at that time. Appropriate use of prescription drugs that may pose a significant risk or harm to anyone, as a result of the employee’s inability to perform the essential functions of their job, must be reported by the employee to their Department Supervisor as appropriate. 3. The basis for determining “under the influence” and/or “detectable level” is, for the purposes of this policy, a positive test result for drugs and/or alcohol. A positive result for alcohol shall be an alcohol concentration of .02 or more. 4. All employees must report any drug, alcohol or traffic related citations or other violations occurring on or off the City’s premises while in the employment of the City of Eagle. A report of a citation must be made to the City within the same work period of receiving the citation. 5. When a Department Supervisor as appropriate, determines there is reasonable suspicion to believe an employee is under the influence of, or in possession of, any substance prohibited by these standards or is otherwise in violation of this policy, the City may: a. Search any of the employee’s or City’s property. Such search can include the employee’s purse, bag, outer garments (hat, coat, sweater, etc.), locker, desk, office, vehicle, or any other property located on the city premises. b. Require that the employee submit to appropriate tests to determine the existence of prohibited substances within his or her system. 15 Violations Of This Policy: Any of the following situations shall be considered work-related misconduct, resulting in the denial of unemployment benefits, and grounds for disciplinary action, up to and including termination: 1. A confirmed positive test for drugs and/or alcohol. For the purposes of the alcohol test, a positive result shall be .02 alcohol concentration or more. 2. An employee’s refusal to provide a sample or submit to testing. 3. An employee adulterates, substitutes, or dilutes a sample. Substance Testing: To support the objectives of a “Drug-Free Workplace”, testing for drugs and/or alcohol may, unless otherwise prohibited by applicable law be done under the following circumstances: Prospective Employees Testing: Job applicants & prospective employees whom the City is considering offering employment to shall submit to a pre-employment drug testing. Refusal to submit may result in the offer of employment not being extended. The prospective employee shall not be paid for any time spent for drug and/or alcohol testing and the City will incur the costs associated with testing. Baseline: A baseline drug and/or alcohol test may be done to establish a result for all current employees. Post-Accident: Any employee whose performance either contributed to any accident or injury or cannot be completely discounted as a contributing factor to an accident will be tested based upon the following conditions: 1. If the accident caused injuries resulting in medical treatment being provided by a physician or his or her designee (other than first aid). 2. Accidents resulting in property damage. Reasonable Suspicion: Any employee will be required to submit to a drug and/or alcohol test when observed by one individual who has reasonable suspicion to believe that an employee is under the influence of drugs and/or alcohol. These beliefs will be based upon specific physical behavior or performance indicators. A second witness, who is a Department Supervisor or Human Resources Officer may be required to observe and/or concur to make the decision to test. The employee will be taken to the collection site and not be allowed to drive after the test. Random: The City may require employees to submit to a drug and/or alcohol test on a random basis. These random tests will be conducted by selecting employees by chance. DrugFree Idaho, Inc. will make the random selection of employees using a technique that satisfies applicable law. The City will not conduct random testing in locations or with respect of employees where such testing is prohibited by law. All employees selected by chance will report to a designated collection site immediately when notified that they were selected for a random drug and/or alcohol test. Return-To-Duty/Follow-Up: See the “Return-to-Work” section later in this Policy. Right Not To Be Tested: An employee does have the right to refuse to be tested or have personal property searched. However, refusal to submit to a search or a physical test is grounds for disciplinary action up to and including termination of employment. 16 Testing Procedures: 1. DrugFree Idaho, Inc. is the third-party administrator for the City of Eagle’s “Drug-Free Workplace” program. 2. All drug testing chain of custody forms, record keeping, educational/training elements, reporting and testing for drugs and alcohol shall be in accordance with I.C. 72-1704 and/or other applicable law. 3. The actual analysis of all samples will be conducted by a Substance Abuse and Mental Health Services Administration (SAMHSA) approved lab. 4. All sample collection activity and drug/alcohol cut-off levels will be consistent with requirements established by the Department of Health and Human Services and the Substance Abuse and Mental Health Services Administration to assure the validity, confidentiality and security of the samples and test results. 5. DrugFree Idaho, Inc. will designate a Medical Review Officer (MRO), or designee, to interpret, evaluate and monitor the drug testing program and results. The MRO will be a licensed physician with knowledge of drugs, testing methods and drug abuse disorders. 6. The City and/or physician shall determine the drug testing technique (e.g., urine sample, breath sample, blood sample, physical examination, sobriety examination) to be administered for the types of tests listed above. 7. All individuals who are required to be tested under the conditions of this policy will report to the City’s designated collection site at the requested time with proper identification. 8. If the test or retest is negative, the MRO or designee reviews the chain of custody form for completeness and accuracy, and then the results are reported to the City. 9. All specimens identified as positive on the initial test shall be confirmed using gas chromatography/mass spectrometry (GC/MS) and/or breath alcohol confirmation techniques to ensure reliability and accuracy. Employee Rights and Obligations: 1. The City shall pay for the costs of initial drug and/or alcohol tests pursuant to this policy. 2. Any time spent for drug testing shall be considered work time. Job applicants/prospective employees shall not be paid for any time spent for drug and/or alcohol testing. 3. The City shall receive a confirmatory test on all positive results before any type of disciplinary action or termination occurs. 4. If an employee or prospective employee tests positive for drugs or alcohol: a. Prior to notification of the City the Medical Review Officer shall contact the employee so that they may discuss and explain the positive drug test result. It is the employee’s obligation to be available to the physician, so the situation can be discussed. b. The City will inform the employee, in writing, of the positive test and the substance for which the employee tested positive. c. The employee may request additional testing of the same sample at a mutually agreed-upon laboratory. The employee shall bear the cost of any additional testing. The employee must request in writing such retesting within seven (7) working days from the date of the positive test notification. 5. If the retest is negative, the City may: a. Reimburse the employee the cost of the retest. b. Compensate the employee for any time suspended without pay. c. Reinstate the employee with back pay if the employee was terminated solely for the positive test result that is later determined to be negative. 17 Return to Work: The City has the option of disciplinary action up to and including termination of employment for a positive test for drugs and/or alcohol. When disciplinary action other than termination has been chosen as an option, the employee may return to duty when the following conditions (which may be at the employee’s expense) are met: 1. The employee shall be subject to an evaluation by a substance abuse professional (SAP)/Employee Assistance Program (EAP) who shall determine what assistance and/or education, if any, the employee needs in resolving problems associated with misuse of alcohol and/or drug use. 2. The employee shall undergo a return-to-duty test with a verified negative result. The test shall be performed at the employer’s designated collection site, no more than twenty-four (24) hours prior to the employee’s return to work. 3. Any employee identified as needing assistance in resolving problems associated with alcohol misuse and/or drug us. 4. May be required to follow a rehabilitation program prescribed for resolving problems associated with alcohol misuse and/or drug use. 5. May be subject to unannounced follow-up alcohol and/or drug testing. The number and frequency of such testing shall consist of at least six (6) tests in the first 12 months, not to exceed 60 months from the date of the employee’s return to duty. 6. Provide a signed agreement stipulating his or her commitment to the outlined recommendations and/or testing. City of Eagle Rights and Obligations: 1. All prospective and current employees will be fully informed of the City of Eagle “Drug-Free Workplace” Policy and procedures prior to any testing being administered. All employees, both current and prospective, will be provided with a copy of this policy and indicate by their signature that they agree to adhere to this policy. No current or prospective employee shall be tested until this information is provided to them. 2. Upon receipt of a confirmed positive test for drugs and/or alcohol or refusal to submit to a test, the City may use such test or conduct as a basis for disciplinary action, up to and including termination of employment, or the City may refuse to hire a prospective employee. 3. The City may suspend an employee with or without pay at the time a reasonable suspicion test is conducted and/or upon receipt of a confirmed positive test for drugs and/or alcohol. 4. The City will not permit an employee to operate a motor vehicle or to perform a safety-sensitive job function upon receipt of a confirmed positive drug and/or alcohol test. 5. Upon receipt of a confirmed positive test for drugs and/or alcohol, the City may require that the current employee utilize the return-to-work procedure as outlined above as a condition of continued employment or reinstatement. 6. The City intends to maintain all test results in a confidential manner and to make the results available to other parties only upon specific written consent of the individual tested. 7. This policy shall not in any way create a physician-patient relationship with the City and prospective or current employees. 8. If an employee tests positive for drugs or alcohol, such employee shall not be considered disabled by virtue of the test results alone. The City recognizes drug and alcohol dependency as a serious problem. It is also a health, safety and security threat to the business. Employees who need help in overcoming such dependency should contact their Department Supervisor and available alcohol and drug abuse resources within 18 the community, or the City’s Employee Assistance Program. A voluntary, conscious effort to seek such help may not jeopardize employment. On-The-Job Use, Possession, or Sale of Drugs: Legal Drugs: Except as provided below, the use or being under the influence of legally obtained drugs while performing City business or in a City facility is prohibited to the extent that such use or influence may affect the safety of co-workers or members of the public, the employee’s job performance, or the safe or efficient operation of the City facility. An employee may continue to work, even though under the influence of a legal drug, if the City has determined, after consulting with appropriate medical authorities, that the employee does not pose a threat to their safety or the safety of co-workers or the public, and that the employee’s job performance is not significantly affected by the legal drug. Otherwise, the employee may be required to take a leave of absence or comply with other appropriate actions determined by the City. Illegal Drugs: The use, sale, purchase, transfer, or possession of any illegal drug by any employee while in a City facility, vehicle or while performing City business is prohibited. The presence of any detectable amount of any illegal drug in an employee while performing city business is prohibited. Violation of this Policy can result in disciplinary action, up to and including termination, even for a first offense. Searches: The City may conduct unannounced searches for illegal drugs or alcohol on City property. Employees are expected to cooperate in conducting such searches. Searches of employees and their personal property may be conducted when there is reasonable suspicion to believe that the employee or employees may be in violation of this Policy. Searches of employees and their personal property may otherwise be conducted when circumstances or workplace conditions justify them, when reasonable suspicion exists that the employee or employees may be in violation of this Policy. An employee’s consent to a search is required as a condition of employment and the employee’s refusal to consent may result in disciplinary action, including termination, even for a first refusal. Searches of City facilities and property can be conducted at any time and do not have to be based on reasonable suspicion of possible violations of this Policy. FAMILY MEDICAL LEAVE ACT (FMLA) Eligible employees enjoy all rights and responsibilities provided them under Federal Law as stated in the Family Medical Leave Act. FMLA requires covered employers, for which the City is one, to provide up to twelve (12) weeks of unpaid, job-protected leave to eligible employees for the following reasons: • for incapacity due to pregnancy, prenatal medical care of childbirth; • to care for the employee’s child after birth, or placement for adoption or foster care; • to care for the employee’s spouse, son, daughter or parent, who has a serious health condition; • for a serious health condition that makes the employee unable to perform the employee’s job; • for any qualifying exigency arising out of the fact that a spouse, son, daughter, or parent is a military member on covered active duty or call to covered active-duty status. Eligibility Requirements: In accordance with federal law, employees are eligible if they have worked for a covered employer for at least twelve (12) months and have one thousand two hundred fifty (1,250) hours of service in the previous twelve (12) months. 19 Use of FMLA Leave: Employees will be required to provide certification to support the request for FMLA leave. An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as to not to unduly disrupt the City’s operations. The City requires that any PTO leave the employee may have is to be used concurrently with FMLA leave. During FMLA leave, the City will maintain the employee’s health coverage and PTO accruals on the same terms as if the employee had continued work. Employees anticipating time off for childbirth or adoption should consider utilizing benefits made available through Family Medical Leave Act (FMLA). Any employee who becomes pregnant may continue to work until such time as the employee can no longer satisfactorily perform duties assigned according to their essential job functions to the satisfaction of the Department Supervisor or until such time as the employee’s physical condition is such that continued employment may prove injurious to the employee’s health as confirmed by the employee’s physician. A physician’s certification will be required for the employee to resume work. Upon return to work female employees shall be allowed a break each time the employee needs to express breast milk. Such breaks shall be paid breaks provided that they do not exceed twenty (20) minutes twice daily. The City will provide an accessible location allowing privacy (e.g., shielded from view and free from intrusion from coworkers and the public with a locked door). Employee Responsibilities: Employees must provide thirty (30) days advance notice of the need to take FMLA leave when the need is foreseeable. When thirty (30) days is not possible, the employee must provide notice as soon as practicable and generally must comply with the PTO leave request procedures. Employees must provide sufficient information for the City to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees will be required to provide a certification and periodic recertification supporting the need for leave. Employer Responsibilities: The City shall inform employees requesting leave whether they are eligible under FMLA. If they are, the notice will specify any additional information required as well as the employee’s rights and responsibilities. Covered employees will be informed if leave will be designated FMLA protected and the amount of leave counted against the employee’s leave entitlement. If the employee is not eligible the City shall provide a reason for ineligibility. Benefits and Protections: During FMLA leave, the City will maintain the employee’s health coverage and PTO accruals on the same terms as if the employee had continued work. Employee’s will continue to be responsible for any dependent premium costs that may be applicable. Upon return from FMLA leave, most employees will be restored to their original or equivalent position with equivalent pay, benefits and other employment terms. For a more comprehensive overview of FMLA rights and responsibilities, consult the Clerk’s Office or U.S. Department of Labor – Wage and Hour Division. www.wagehour.dol.gov 20 These guidelines have been prepared to protect the safety and health of employees. Employees are to follow these regulations, review them often, and use common sense in carrying out their assigned duties. This regulation expresses the City’s commitment to and involvement in providing all employees a safe and healthy workplace. Additional City benefit for family leave: In addition to FMLA the City makes available paid family leave to both part-time and full-time regular employees, that shall run concurrently with any FMLA leave taken. The hours must be utilized immediately upon the birth of the child, child adoption or placement of new foster child. There is no “cash out” value for these hours. Additional time off related to the birth of the child may be taken in accordance with the FMLA and PTO Policy in this document. Full-time regular employees may receive one-hundred sixty (160) hours of family leave at full pay in addition to accrued PTO. The one-hundred sixty (160) hours of leave must be used as a continuous block of leave, and utilized immediately upon the birth of the child, child adoption or placement of new foster child. There is no “cash out” option for these one hundred (160) hours. Part-time regular employees may receive eighty (80) hours of family leave at full pay in addition to accrued PTO. The eighty (80) hours of leave must be used as a continuous block of leave and must be utilized immediately upon the birth of the child, child adoption or placement of new foster child. There is no “cash out” option for these eighty (80) hours. WORKERS COMPENSATION PROCEDURES Injury Reporting and Certification: City of Eagle employees who have been injured on the job are responsible to immediately contact their Department Supervisor or the Human Resources Officer. Immediate reporting of injuries and illnesses can be important in establishing that injuries are covered by workers’ compensation. Failure to report an injury or illness as required by State and City procedures could result in loss of compensation benefits and corrective action up to and including termination. Immediate treatment should be sought at the City’s preferred provider facility which is St. Luke’s Regional Medical Facility. An appointment is not required for an employee to be seen at the City’s preferred provider facility. Both the employee and their Department Supervisor should complete the Workers Compensation forms as detailed in the Workers Compensation procedures section below. If the injury causes the employee to be unable to work, the employee must supply a physician’s notice indicating any physical limitations. The City may attempt to modify work for a temporary period to assist the employee in returning to work. It is the responsibility of the employee to comply with all restrictions received from the physician. Failure to do so may result in the employee being sent home in order to facilitate healing on the employee’s behalf. Once the employee is capable of performing all of their duties, the employee must supply a physician’s notice indicating the employee may return to their normal duties. The decision to return an employee to active service shall rest solely in the discretion of the City. An injured employee shall not be allowed income benefits for the first five (5) days of disability for work. If the injury results in disability for work exceeding two (2) weeks, income benefits shall be allowed from the date of disability. The waiting period shall not apply if the injured employee is hospitalized as an in-patient. The day on which the injury occurred shall be included in computing the waiting period unless the employee has been paid wages for that day. 21 Coordination with other leave policies: When an employee is injured, the employee may become eligible to receive weekly workers’ compensation wage-replacement benefits after a five-day waiting period mandated by Idaho’s Workers’ Compensation Law. The following rules govern how worker’s compensation wage-replacement benefits are coordinated with the City’s annual leave programs: 1. During the five (5) day waiting period, an employee can elect to cover their absence by using accrued PTO. 2. When applicable the twelve (12) week leave entitled under FMLA may count towards the employee’s leave due to a work-related injury or illness. If worker’s leave is designated as FMLA leave, continuation of health benefits is governed by the applicable FMLA provisions. 3. An employee’s PTO is not charged for time lost from work on the day of the injury. However, employees are expected to return to work, unless the treating physician gives the employee a written statement that they are not fit to return to work. 4. An employee who returns to a light-duty position while receiving workers’ compensation wage-replacement benefits is permitted to supplement those benefits with PTO. Immediately following a work-related accident, employees should: • Notify their Department Supervisor and the Human Resources Officer. • Obtain medical attention, if necessary, at the City’s preferred provider facility. [St. Luke’s Regional Medical Center], if circumstances permit. Otherwise seek the facility with the closest proximity. • Inform medical receptionist at the treatment facility that injury is work related. • The employee and their Department Supervisor shall work together to complete the Accident Investigation and Report Form within forty-eight (48) hours, or as soon as practical. • Submit forms to the Human Resources Officer. Employees should NOT: • Supply personal health insurance information on work related injuries. • Make any co-pay amounts requested by medical facility • Have medical claims billed directly to them. Upon notification of an employee’s work-related injury Department Supervisors should: • Ask employee if they wish to seek medical attention; however, the Department Supervisor may direct the employee to seek medical attention if they feel it is in the best interest of the employee. • Depending on severity of the injury, Department Supervisor should accompany employee to clinic or Emergency Room. • Advise receptionist that injury is work related if employee is unable to do so. • Department Supervisors should notify the Human Resources Officer regarding an employee injury as soon as possible. • Work with the employee, and any witnesses, to complete the Department Supervisor Accident Investigation and Report form within forty (48) hours and submit the report form to the Human Resources Officer. • Witness names and contact information should be obtained and reported. • Delay in submitting forms will slow down claim payments. 22 Human Resources Officer: • Submits the First Report of Injury to State Insurance Fund (SIF) based on Employee/Department Supervisor Report • Follows up with investigators on individual claims • Acts as City contact for all work-related injuries • Obtains additional accident information as necessary from Department Supervisors, employees and medical personnel • Answers employee questions and concerns • Collaborates with investigators and employees to resolve claim issues • Works with State Insurance Fund counsel in the event of litigation. Additional Information: • Once filed with State Insurance Fund, claims may not be assigned a case number for several days. • Employees are not allowed to return to work against the advice of the attending physician. Department Supervisors should check with the office of the City Clerk as to the employees on duty status prior to allowing employee to return to work with a doctor’s note. Notes must be submitted to the office of the City Clerk and will be kept on file. • Employees may return to light duty with approval from the attending physician until employee is released to full duty or determination of disability is made. • The Mayor, the Department Supervisor and the office of the City Clerk will confer on available options regarding future employment in the event of permanent disability. • Failure by employee to respond to State Insurance Fund requests for additional health records, follow up appointments and other pertinent information may result in payment delays or case closures. • Employees should contact the office of the City Clerk or the State Insurance Fund for status updates regarding their claim. • City policy requires that a Family Medical Leave be run concurrently with a Worker Comp Claim. The Human Resources Officer will contact employees regarding possible FMLA situations. • Accrued PTO may be used to supplement time loss for a work-related injury. Contact the office of the City Clerk to coordinate the utilization of paid leave time. AMERICANS WITH DISABILITIES ACT OF 1990 (ADA) and AMERICANS WITH DISABILITIES AMENDMENTS ACT (ADAAA) The Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act (ADAAA) prohibit employers with fifteen (15) or more employees from discriminating against individuals with disabilities. The Americans with Disabilities Act and the Americans with Disabilities Amendments Act prohibits, under certain circumstances, discrimination based on disability in the areas of employment, public services and public accommodation. ADA and ADAAA requires employers to reasonably accommodate qualified individuals with disabilities. (Amended 9/208 and Section 504 of the Rehabilitation Act of 1974) It is the City of Eagle’s Policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment. 23 The City will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job, unless: 1. Doing so causes a direct threat to these individuals or others in the workplace, and the threat cannot be eliminated by reasonable accommodation; or 2. The accommodation creates an undue hardship to the City. Employees should contact their Department Supervisor or the Human Resources Office with any questions or requests for accommodation. Reasonable accommodations can include, but are not limited to, altering equipment or facilities, or providing a temporary short-term leave of absence. Examples of some of the factors to be considered in determining whether an accommodation creates an undue hardship are: 1. The nature and cost of the accommodation. 2. The overall financial resources of the City. Other factors can also have a bearing on whether an accommodation would create an undue hardship. Eliminating an essential job function is not considered a reasonable accommodation. Questions regarding a disability that could potentially impact an employee’s employment or reasonable accommodation should be referred to the employee’s Department Supervisor, the Mayor, the Human Resources Officer or the City Attorney. BEREAVEMENT LEAVE Up to five (5) days of paid leave of absence will be provided to both full-time and part-time employees for a death of the immediate family member. Immediate family member is defined as follows: spouse, parents, children, grandparents, grandchildren, brothers, sisters and in-laws. The bereavement leave may be utilized within 12 months of the death of the immediate family member. There is no “cash out” value for this benefit. The employee should notify their Department Supervisor immediately should bereavement leave be necessitated. The employee may, with the Department Supervisor’s approval, use available PTO for additional time off as necessary. The employee will note on their time sheet “Bereavement Leave”. MILITARY SERVICE (USERRA) AND LEAVE The Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994 prohibits an employer from denying any initial employment, reemployment, retention in employment, promotion, or any benefit of employment to an individual on the basis of their membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. The law also prohibits an employer from retaliating against an individual by taking any adverse employment action against them because the individual has exercised their USERRA rights, testified in connection with a proceeding under USERRA, or assisted in a USERRA investigation. The law covers all public and private employers (38 USC 3801 et seq.). Drill Training: A full-time or part-time employee who is a member of the National Guard, a Reserve component of the Armed Forces of the United States, or of the United States Public Health services, is entitled to a leave of absence for a period not to exceed fifteen (15) consecutive calendar days in any calendar year to attend scheduled drills or training. 24 Such leave shall be granted without loss of pay or other leave and without impairment of other rights or benefits to which they are entitled, providing the employee receives bona fide orders to active or training duty for a temporary period, and providing they return to their position immediately upon expiration of the period for which they were ordered to duty. Employee will provide a copy of the orders to active or training duty to the Human Resources Officer to be placed in the individual’s personnel file. There is no “cash out” option. Emergency Duty: Full-time or part-time employees who are members of the National Guard, a Reserve component of the Armed Forces of the United States, or of the United States Public Health services and who are called for emergency duty in the State of Idaho will be granted up to one hundred sixty (160) hours of paid military leave per calendar year. There is no “cash out” option for this one hundred sixty (160) hours. VETERAN’S PREFERENCE AND RIGHTS The City will grant a preference to U.S. Armed Services Veterans and disabled veterans, a widow or widower of any veteran as long as they remain unmarried; or the wife or husband of a service- connected disabled veteran if the veteran cannot qualify for any public employment because of a service-connected disability, in accordance with provisions of Idaho Code, Title 65, Chapter 5. In the event of equal qualifications for an available position, a Veteran or family member who qualifies for the preference will be employed. Employees who are qualified Veterans returning to employment with the City following qualified military leave shall have the rights and responsibilities provided by Idaho Code §65-508 and the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §4301, et seq. The returning Veteran will be restored to their position with the same seniority, status and pay that they would have had if there had been no military leave. In addition, in accordance with the provisions of these laws, the Veteran will not be discharged from their position without cause for a period of one (1) year after the restoration of their employment with the City. TRAVEL POLICY The City recognizes the need for employee professional development opportunities, as well as official representation at conferences, meetings, conventions, seminars and other functions. Employees traveling on City business are representatives of the City and are expected to maintain a high level of professionalism and follow City’s policies and rules. When prior authorization is obtained, the City will pay reasonable expenses incurred during travel for employees’ attendance to conferences, meetings, conventions, seminars and other functions. Exclusions: Expenses for non-city personnel that may accompany employee during travel including meals, travel expenses, etc. are not authorized under any circumstances. Travel Time: Non-exempt employees traveling on City business will be compensated while in travel mode. Under this provision, all time spent in travel mode during the employee’s regular work hours (even on weekends and holidays) is counted as hours worked. Meals: Overnight travel: meals expenses, when overnight travel is required for conference/training attendance, are eligible for reimbursement or per diem in accordance with the current federal per diem rates for the travel destination. Reimbursement for meals shall include the cost of the meal and meal gratuities. 25 Meal expenses for business or professional development activities for which overnight travel is not required are not eligible for reimbursement. CONFERENCE REQUESTS & NON-LOCAL TRAVEL PROCEDURES The procedure identified in this section apply to requests for continuing education, professional development, conference attendance and other miscellaneous staff training and the travel associated with the same. The City may issue additional guidelines relating to conference and travel booking requirements as needed. 1. Employees may attend professional development conferences, as approved by Department Supervisor. Submittal of attendance request must be submitted for consideration at least 30 days prior to the conference date. Processing of requests received less than 30 days prior to the conference date may be delayed or denied. 2. Employees should utilize the safest and most economical mode of transportation and accommodations available. 3. Conference attendance requests and associated travel information shall be provided to the Department Supervisor for consideration via means identified by the Clerk’s Office. Request support documentation will include at least: A) Submittal of completed request form B) Copy of conference itinerary C) Estimated travel costs. 4. Employees who anticipate special accommodations for travel must receive approval prior to the expenses being incurred. Any travel expenses deemed unreasonable relative to the circumstances shall not be reimbursed and shall remain the employee’s personal responsibility. 5. Upon Department Supervisor approval the City shall issue the employee per diem prior to conference/training attendance in accordance with federal rates prior to conference attendance. A City issued credit card may be issued to purchase airfare and secure conference registration. 6. If the employee wishes to confirm that an expense would qualify for reimbursement, they are to contact their Department Supervisor for approval or assume the financial risk. Department Supervisor may authorize reimbursement of unexpected expenses incurred by the employee with the provision of receipts and accompanied with a reasonable explanation of expense. 7. The City shall not pay for social or recreational functions that are separate ticketed events not included in the base conference registration fee without prior approval from the Department. Nor shall the City pay for activities or meals for non-city personnel who may accompany the employee. Additional information regarding expenses eligible and ineligible for reimbursement is available herein. City Owned Vehicle – Local Travel: Local travel for City business: Employees shall utilize city owned vehicles contingent upon availability and shall comply with fleet and vehicle policies herein. See page 29 of this policy for fleet and city vehicle policy. Department Supervisors may authorize the transport of non-city personnel (family members) in the vehicle. However, non-city personnel in these vehicles shall not participate in driving unless there is an emergency and the employee is unable to drive. All drivers and passengers in a City- owned vehicle are required to wear a seatbelt and adhere to safe driving and rules of the road at all 26 times. No alcoholic beverages are allowed in City-owned vehicles. Privately Owned Vehicle Use - Local Travel: With prior approval by Department Supervisor, employee may use a privately owned vehicle for local travel. Mileage will be reimbursed at current year standard business mileage rate upon submittal of a mileage reimbursement form within 30 days of the date of travel. Beginning and ending vehicle mileage and travel purposes will be required. Travel from an employee’s residence to primary work location is not eligible for reimbursement, unless associated with response to an on-call incident. EXPENSE REIMBURSEMENT Statement of Purpose and Responsibilities It is City policy to reimburse elected and appointed City officials and City employees for ordinary, necessary and reasonable expenses when directly related to the transaction of City business. Funds must be identified and available in the current year budget, and approval from the Mayor, Department Supervisor or City Treasurer obtained prior to being incurred. Failure to receive prior approval may result in an automatic denial for reimbursement. Directly Related Defined: “Directly related” means: Department Supervisor has identified the need of the City, approved the expense and directed the employee to the course of action. With the expectation of deriving some current or future benefit for the City; and the employee or City official is actively engaged in a business meeting or activity necessary to the performance of their job duties. Reimbursement requests shall be provided to the Department Supervisor for consideration via means identified by the Clerk’s Office within 30 days of incurring the expense. The electronic format requires a minimum of the submittal of completed request form and copies of receipts. Reimbursable Expenses: The following are reimbursable expenses; assuming they follow the conditions stated in this policy: • Hotel or motel and related tips and taxes • Travel expenses including airfare, train fare, bus, taxi, uber and related tips • Meals, including tips between 15-20% - overnight travel required to be eligible for reimbursement. • Car rental and parking • Personal vehicle mileage at the current published federal rate. Every effort should be made to utilize a City-owned vehicle, but should none be available, employees may receive pre- approval to utilize their personally owned vehicle. Non-Authorized Expenses: The following expenses are not allowed nor reimbursable under this Policy: • Alcohol • In-flight movies/refreshments • Personal entertainment not included as part of a conference registration fee, in room movies, etc. • Expenses incurred for the convenience of the traveler including indirect routes or stop-overs for personal reasons • Personal and non-city related expenses are not reimbursable • Prohibited expenses paid by the City shall be reimbursed by the public official/employee within 30 days of notice from the City Treasurer 27 • Any expenses associated with any non-city personnel that may be accompanying employee; including meals, travel expenses, etc. Policy Exceptions: No policy can anticipate every situation that might give rise to legitimate business expenses. Requests for exceptions to this policy should document extenuating circumstances and shall be submitted to the Department Supervisor, City Treasurer and Mayor for consideration to make a determination regarding the request. Their decision shall be final. CREDIT CARD PROCESSING & HANDLING SECURITY POLICY Policy Statement: The City of Eagle must take all appropriate measures to protect credit card numbers used to make payments to the City. Rationale: Credit card transactions are one of the preferred methods of making payments or donations to the City. Every business or municipality that accepts credit card and debit card payments is required to comply with the Payment Card Industry Data Security Standards (PCI- DSS). Additionally, the City’s reputation would be seriously damaged by the exposure of credit or debit card numbers. To comply with the PCI-DSS, employees who work directly with the credit card processing and documentation are required to familiarize themselves with this policy. Definitions: Card Holder Data: The full magnetic strip of the card or the entire card number plus any of the following: cardholder name, expiration date, service code. PCI-DSS – The Payment Card Industry Security Standard was adopted to assure the protection of the customer data and credit card numbers. Procedures: Access to Customer Credit Card Data: • Access is authorized only for City personnel who are responsible for the processing or facilitating credit card transactions. • A copy of this policy must be read and signed by authorized personnel and placed in their personnel folder. Transmission of Credit Card information: Insecure (unencrypted) transmission of card holder data is prohibited. Credit card numbers and cardholder data may not be e-mailed, faxed or sent via any electronic messaging technologies such as instant messaging or chat. Telephone payments will not be accepted, excluding the following exceptions: • Cases where utility services may be or have been terminated. • With prior authorization from both the City Treasurer and the employee’s Department Supervisor. Card Present Transactions (Point of Sale): • Picture ID is required if the card is not signed. • Provide receipt to customer. • Store transaction documentation and merchant receipt in a secured (locked) area. 28 Receipt of Credit Card Information in E-mail or Fax: Under no circumstances will credit card numbers received in e-mail or fax be processed. The recipient of the credit card number will respond to the sender with the standard template* advising that the transaction cannot be processed and offering an acceptable method for transmitting card information. Credit Card numbers will be deleted from the response. Should the credit card number be faxed, the recipient will respond to the sender advising that the transaction cannot be processed and offering an acceptable method for transmitting card information. The faxed document containing the credit card number shall then be immediately shredded. Securing Transaction Documents: At end of business, Point of Sale merchant receipts and online transactions receipts shall be presented to the City Treasurer Department .Transaction documentation shall be stored in a secure location. When retention period passes it may be taken from the secured location and destroyed (shredded) immediately. It is the responsibility of designated City Treasurer staff to secure transaction documentation. Retention and Destruction of Cardholder Data: Cardholder data should be retained in a secure location only as long as is necessary for business purposes. Cardholder data will be destroyed when no longer needed. Paper will be shredded under the supervision of the City Treasurer. VEHICLE USE POLICY This policy outlines the use of vehicles for work used on behalf of the City of Eagle. Operators of City owned, or leased motor vehicles shall drive safely, legally and courteously, remembering that they are directly responsible for maintaining both City owned property and the public trust. It is the p olicy of the City to provide a safe working environment that protects City employees and citizens from injury and property loss. To use a City owned vehicle, the employee must have and carry with them a valid Idaho driver’s license. A copy of their driver’s license, along with a copy of their POV insurance card will be submitted to be placed in their personnel file annually. The City considers the use of vehicles part of the working environment and is committed to safe responsible employee driving behavior that reduces the risk of personal injury and property loss. This p olicy applies to all City employees. Activities of these employee drivers will be reviewed by their Department Supervisor to ensure full implementation and compliance of this policy. Authorized Use: 1. Employees must be authorized by their Department Supervisor to operate a City vehicle, and be at least 21 years of age. 2. Vehicles owned or leased by the City are to be used for the functions of the City. Personal use of city owned vehicles must receive prior authorization by the Mayor. 3. The Public Works Director, or Staff designee is entrusted with the care, maintenance and safe keeping of the vehicles and may assign that responsibility to an employee. 4. In certain circumstances, employees may be assigned the use of a City vehicle that is driven home. Such personal use, if allowed, may be a taxable benefit. Note: Vehicles over 26,000 gross vehicle weight, buses, and vans over fifteen (15) passengers require a commercial driver’s license (CDL). 29 Personally Owned Vehicles on City Business: Employees who drive personally owned vehicles on City business are subject to the requirements of this policy including: 1. Maintaining auto liability insurance with minimum state limits. 2. Maintain vehicle in a safe operating condition when driven on City business. Assigned or Permitted Drivers: Each employee assigned to a City vehicle or employees who operate a City vehicle or personal vehicle on City business is required to have a valid driver’s license. Should an employee’s driver’s license expire, be revoked or suspended, the employee shall immediately notify their Department Supervisor . During the entire time of the revocation or suspension, the employee’s City vehicle use privileges will be suspended. Under no circumstances shall such an employee operate a City vehicle, that requires a license plate until the employee’s driver’s license has been fully restored and validated. Non-City employees are not allowed to operate city-owned vehicles, unless authorized by the Mayor and Public Works Director or d esignee, or unless a life-threatening emergency or similar circumstance exists. Each employee assigned or permitted to operate a City vehicle shall be responsible for the following: 1. Proper and safe operation of the vehicle. 2. Participation in vehicle safety, defensive driving and other operator training as identified and required by the City. 3. Conduct vehicle safety inspection daily prior to vehicle use, reporting and/or addressing any maintenance/safety issues immediately to the Public Works Director or designee. Driver/Operator Evaluation: Employees will be evaluated and selected for operation of a City- owned vehicle/equipment based upon their ability. To evaluate employees as drivers, the Public Works Director, or designee may: 1. Review past driving performance and work experience through reference checks with previous employers. 2. Review the employee’s driver’s license record (DLR). 3. Ensure the employee has a valid driver’s license. 4. Ensure that the employee is qualified to operate the type of vehicle/equipment assigned. Seatbelt Use & Mobile Communication Device, Cell Phone and Computer Use: Except as specifically authorized herein, all drivers and passengers are required to utilize seatbelts as mandated by law. For purposes of this section of this policy, a mobile communication device is defined as “a text messaging device or a wireless, two-way communication device designed to receive and transmit voice or text communication”. Except as specifically authorized herein, the driver of a City vehicle, or any other vehicle being used for City business, is prohibited from using a mobile communication device, cell phone or computer of any type while the vehicle is in motion. Drivers must be safely parked before using phone or mobile computer equipment. Impaired Driving: No driver shall operate a vehicle/equipment while on City business when their ability to do so is impaired or influenced by: alcohol, illegal drugs or other illegal substances, prescribed or over-the-counter medication, or illness, fatigue or injury. The employee driver is 30 obligated to report to their Department Supervisor any reason that may affect their ability to drive safely. Traffic Violations: Employees are legally responsible for being compliant with driving laws and the safety of the vehicle/equipment. All fines and other criminal penalties resulting from violations of the law by the driver are the personal responsibility of the driver of any City vehicle. These costs are not reimbursable by the City and must be paid promptly by the driver. Accident Reporting: 1. In the event of an accident, the driver shall, when possible, first check on the safety and welfare of all persons involved and seek immediate medical attention (should it be required for themselves or others). 2. Vehicles should be left at the scene of the accident until police arrive. If there is an immediate danger or hazard, the vehicle should be moved to a safe location out of the way of traffic. Drivers shall always have a police officer investigate any accident that involves a City vehicle. This will help ensure that the City is protected from unwarranted claims. No driver or passenger should discuss fault with or sign anything from anyone except for a police officer, a representative from the City’s insurer, or an authorized representative of the City. 3. Drivers shall notify their Department Supervisor or designee immediately after the accident. The employee shall report the extent of injuries and property damage involved in the accident on the Incident Report Form. The completed Incident Report Form must be submitted to the City Clerk’s Office within five (5) working days. The City Clerk’s Office shall be notified of all accidents involving City employees as soon as possible but in no event later than the next workday. Drivers shall cooperate fully with the City, and the City’s insurance carrier (ICRMP) , during the handling of the claim. Failure to report an accident may result in disciplinary action up to and including termination of employment. FLEET MANAGEMENT POLICY AND PROCEDURES Policy: The mission of Fleet Management is to provide and maintain an efficient and safe fleet of vehicles and equipment for City of Eagle employees. For purpose of this policy, fleet is defined as any city-owned vehicle, machinery, or heavy equipment. The City may require participation in vehicle safety, defensive driving training, and other operator training as identified and required by the City to ensure and promote employee safety. All employees shall follow the guidelines as outlined within this Policy. Authorized Drivers: All users of fleet vehicles shall be City employees, and at time of hire, produce a valid driver’s licenses and proof of insurance. Certain vehicles will require specialized training and/or certifications as identified by the Public Works Director, or designee. Employees shall seek Supervisor authorization prior to operating specialized vehicles and equipment to ensure appropriate training has been obtained. Failure to seek authorization may result in disciplinary action up to and including termination of employment. Responsibilities of the Employee: Employees shall ensure the use of the fleet vehicle be for official municipal business only. Each employee SHALL reserve the required vehicle for the date and time needed unless vehicle is assigned to the employee for daily use. When reserving a vehicle, the fleet number and make of vehicle shall be included on the reservation. Each employee is required to complete the vehicle log sheet located in each vehicle. 31 Employees shall ensure that: • They are licensed to drive the vehicle for the purpose intended and possess the driving skills required to safely operate the vehicle. • Have received required training and authorization from the Public Works Director or designee to operate the fleet asset. • Passengers are seated and the vehicle is not overloaded. • All employees and passengers are required to utilize seatbelts as mandated by law. • Emergency doors are not obstructed. • Reversing maneuvers are carried out with great care. • No smoking is permitted within City vehicles. • The journey is pre-planned and fully prepared and sufficient time has been allowed. • Safe pick-up/drop-off areas are identified and used. The employee shall not operate a vehicle when their ability to do so is impaired or influenced by: alcohol, illegal drugs or other illegal substances, prescribed or over-the counter medication, or illness, fatigue or injury. The employee is obligated to report to their Department Supervisor any reason that may affect their ability to drive safely. Authorized Passengers: City vehicles may not be used to transport family, friends or other passengers including personal pets, unless for official business; or authorized and pursuant to City policy or regulation; or unless the employee is officially on-call and is expected to respond without delay in the event of an emergency. Mobile Communication Device, Cell Phone and Computer Use: Employees are not allowed to operate fleet vehicles/equipment and communicate on a mobile communication device, cell phone or computer of any simultaneously, unless hands-free mode is enabled. Employees must be safely parked prior to using phone or mobile computer equipment. A mobile communication device is defined as “a text messaging device or wireless, two-way communication device designed to receive and transmit voice or text communication”. Fuel Cards: Fleet fuel cards are issued to specific employees and Department Supervisors and are to be used for refueling in accordance with the card rules for use. Cards are to be maintained in a secure manner (card use instructions and a list of participating fuel stations are attached). Should extenuating circumstances arise, cash may be used to pay for fuel, and reimbursement to employee issued in accordance with established procedures. Vehicle Tracking: All City of Eagle vehicles are equipped with a GPS tracking device. This device monitors vehicle use (including mileage and geographic location), vehicle operating systems, and is capable of sending alerts regarding potential issues to the Public Works Director or designee. Vehicle Checks: Prior to driving a City vehicle, the employee should conduct a cursory inspection of the exterior of the vehicle. Any defects or anomalies should immediately be reported to the Public Works Director or designee. All vehicles are to be left in a clean and tidy condition and the vehicle log completed. Most City vehicles have a car wash barcode and shall utilize the carwash services that are available. 32 At the conclusion of each trip, another inspection of the vehicle shall be made. Any defects or anomalies shall immediately be reported to the employees Department Supervisor and the Public Works Director. Maintenance and Repair: Fleet vehicles/equipment shall be on a maintenance schedule coordinated by the Public Works Director. Should a vehicle or equipment be in needs of repair, the matter shall be reported to the Public Works Director or designee who will coordinate the repair/service as needed. The Public Works Director is responsible for coordination of the collection and delivery of the vehicle/equipment as they see fit, however they may delegate these duties on a case-by-case basis. Reporting of Accidents: Any employee involved in an accident involving a fleet vehicle, shall immediately report it as soon as possible to the law enforcement agency of jurisdiction and fill out a City of Eagle Incident Report Form and turn the report into the City Clerk’s office. Upon returning to the City, the employee must immediately report the accident to their Department Supervisor, Public Works Director and the City Clerk/Treasurer’s Office. Failure to report an accident may result in disciplinary action up to and including termination of employment. INTERNET USAGE POLICY This Internet Usage Policy applies to all City Staff and City Officials who have access to computers and the Internet to be used in the performance of their work. Use of the Internet by City Staff and City officials is permitted and encouraged where such use supports the goals and objectives of the City. However, access to the Internet through the City is a privilege and all City Staff and City officials must adhere to the policies concerning computer, e- mail and Internet usage. Violation of these policies could result in disciplinary and/or legal action leading up to and including termination of employment. City Staff and City officials may also be held personally liable for damages caused by any violations of this policy. Computer, E-mail and Internet Usage: City Staff and City Officials are expected to use the Internet responsibly and productively. Job-related activities include research and educational tasks that may be found via the Internet that would help in an employee's role. All Internet data that is composed, transmitted and/or received by the City’s computer systems are considered to belong to the City and are recognized as part of its official data. It is therefore subject to disclosure for legal reasons or to other appropriate third parties. The equipment, services and technology used to access the Internet are the property of the City and the City reserves the right to monitor Internet traffic and monitor and access data that is composed, sent or received through its online connections. E-mails sent via the City e-mail system should not contain content that is deemed to be offensive. This includes, though is not limited to, the use of vulgar or harassing language/images. All sites and downloads may be monitored and/or blocked by the City if they are deemed to be harmful and/or not productive to business. Unacceptable Use of the Internet: • Sending, transmitting, intentionally receiving, copying or storing any communication that is fraudulent, harassing, racially offensive, sexually explicit, profane, obscene, intimidating, 33 defamatory or in the City’s sole opinion otherwise unlawful or inappropriate on the Internet or via the City’s e-mail service. • Using computers to perpetrate any form of fraud, and/or software, film or music piracy. • Stealing, using, or disclosing someone else's password without authorization. • Downloading, copying or pirating software and electronic files that are copyrighted or without authorization. • Sharing confidential material, trade secrets, or proprietary information outside of the organization. • Hacking into unauthorized websites. • Sending or posting information that is defamatory to the City, its products/services, colleagues and/or customers. • Introducing malicious software onto the City’s network and/or jeopardizing the security of the organization's electronic communications systems. • Sending or posting chain letters, solicitations, or advertisements not related to business purposes or activities. • Passing off personal views as representing those of the organization. • If an employee is unsure about what constituted acceptable Internet usage, then they should ask the IT Director for further guidance and clarification. • All terms and conditions as stated herein are applicable to all users of the City’s network and Internet connection and reflect an agreement of all parties and should be governed and interpreted in accordance with the Policies and Procedures mentioned above. Any user violating these Policies is subject to disciplinary actions deemed appropriate by the City. Misuse of Software: Employees who become aware of any misuse of software or violation of copyright law should immediately report the incident to the IT Director. Files obtained from sources outside the City include files download from the Internet, files attached to e-mail and files provided by citizens or vendors. If an employee suspects that a virus has been introduced into the City’s network, they should notify the IT Director immediately. Passwords: Employees will have a log-in name that allows access to the network. The employee will have a personalized password, which should be obscure in nature and not divulged to others. Any employee with knowledge of any password that is not theirs shall report it to the IT Director immediately. No employee shall attempt any unauthorized access to the systems. Public Records and Disclosure: An electronic message (e-mail) sent or received by the City’s electronic communications systems in the conduct of public business with the City-provided resources is subject to Idaho’s Public Records Act and is considered a Public Record. E-mails stored and accessible are still Public Records and must be produced up on request. E-mail communications are also subject to the City’s Records Retention Policy. SOCIAL MEDIA USE POLICY Policy Statement: A. Purpose: To address the fast-changing landscape of the Internet and the way residents and businesses communicate and obtain information about the City of Eagle online, the City of Eagle and Eagle Library (collectively, “City”) departments may consider using social media tools to reach a broader audience. The City encourages the use of social media to further the goals of the City and the missions of its departments, where appropriate. 34 The City has an overriding interest and expectation in deciding what is “announced” or “spoken” on behalf of the City on social media sites. This policy establishes internal procedures for the use of social media by the City, its departments and employees. B. General: 1. All of the City’s social media sites that are posted by City departments, boards, commissions, and offices will be subject to approval by the Public Information Officer, the Mayor 2. The City’s website (www.cityofeagle.org) will remain the City’s primary and predominant internet presence. Wherever possible, content posted to the City’s social media sites will also be made available on the City’s website. Wherever possible, content posted to the City’s social media sites must contain hyperlinks directing users back to the City’s official website for in- depth information, forms, documents or online services necessary to conduct business with the City of Eagle. 3. The most appropriate uses of social media tools are (a) as informational channels to increase the City’s ability to broadcast its messages to the widest possible audience; and (b) as channels for disseminating time-sensitive information as quickly as possible (e.g. emergency information). 4. The City’s social media sites are subject to the Idaho Public Records Act. Any content posted or maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure. All public records requests for information contained in City social media sites must be in writing to the City Clerk’s office or through the City’s website (www.cityofeagle.org). The City Clerk’s office shall be responsible for responding completely and accurately to any public records request for public records on social media; provided, however, such requests shall be handled in collaboration with the City Attorney’s office. Content related to City business shall be maintained in an accessible format and so that it can be produced in a response to a request. Wherever possible, such sites shall clearly indicate that any articles and any other content posted or submitted for posting may be or are subject to public disclosure upon request. Users shall be notified that public disclosure requests must be directed to the City Clerk’s office or the City’s website (www.cityofeagle.org). 5. Idaho law and the City of Eagle’s Record Retention Manual shall apply to social media formats and social media content. Unless otherwise addressed in a specific social media standards document, the department, board, commission or office maintaining a site shall preserve records required to be maintained pursuant to a relevant records retention schedule for the required retention period on a City server in a format that preserves the integrity of the original record and is easily accessible. Appropriate retention formats for specific social media tools will be detailed in standards established by the Communications Specialist for each type of social media site, including but not limited to: Twitter, Facebook and Video Posting. 6. Wherever possible, the following information must be displayed to users, or made available by hyperlink, on each City social media site: Terms of Use of [Name of Site]: This [type of social media] is intended to [description of purpose]. Any comment or materials posted by a user of this site may be attributed only to that user and does not necessarily reflect the opinions or ideals of the City of Eagle, its employees, or elected or appointed officials. The City of Eagle does not warrant the accuracy 35 of any statement or claim made here, is not responsible for any user-generated content, and does not endorse any opinion expressed here. Users who wish to appear before the City Council or desire a response to a comment or complaint must go to the City’s website and fill out an official complaint form. All users must comply in all respects with [name of social media site]’s terms of use and the City of Eagle’s Social Media Policy, found at [link]. 7. The City reserves the right to restrict or remove any content that is deemed in violation of this Social Media Policy or any applicable law. 8. The City will approach the use of social media tools as consistently as possible, enterprise wide. 9. All City social media sites shall adhere to applicable federal, state and local laws, regulations and City policies and site-specific terms of use and privacy policy. Terms of Public Use of Social Media Sites: A. General: The City seeks to serve all its constituents by hosting an open but civil dialogue. Reasonable arguments for opposing views are encouraged. B. Compliance with Applicable Social Media Terms and Conditions: All comments posted to a City social media site shall be bound by the terms and conditions of use of such social media site. Where appropriate, the City may report any violation of such terms and conditions to the respective social media site. C. Acceptance: A user’s submission, posting, or other publication of a comment constitutes acceptance of the City’s Social Media Policy. D. Prohibited Content: Users and visitors to social media sites shall be notified that the intended purpose of the site is to serve as a means of communication between City departments and members of the public. The City’s social media site articles, posts and comments containing certain forms of content are prohibited and shall be removed as soon as possible by the Site Administrator upon approval by the Mayor or appropriate department head. Prohibited content includes, but is not limited to: 1. Profane language or content; 2. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, marital status, status with regard to public assistance, national origin or physical or mental disability; 3. Sexual content or links to sexual content; 4. Solicitations of commerce; 5. Conduct or encouragement of illegal activity; 6. Information that may compromise the safety or security of the public or public systems; 7. Content that violates a legal ownership interest of any other party; 8. Comments in support of or opposition to political campaigns or ballot measures. These guidelines must be displayed to users or made available by hyperlink. Any content removed based on these guidelines must be retained, including the time, date and identity of the poster when available. E. Definition of User: As used in this policy, a “user” is any person who accesses, views, follows, likes, links to in any manner, and/or posts comments on a City social media site. F. Definition of Site Administrator: As used in this policy, “Site Administrator” means the City employee, director, board member, commission member or other designee responsible for 36 establishing, monitoring and maintaining a City social media site. Procedures: A. Social Media Site Standards: The Communications Specialist shall establish standards of use for each type of social media site proposed for use by City departments, commissions, or boards, including but not limited to: Facebook, Twitter, Instagram, Flicker, Pinterest, YouTube, etc. B. Establishment of City Social Media Sites: No City department, commission, board, committee, employee or any other person shall establish a City social media site without prior approval by the Communications Specialist. Persons seeking to establish a City social media site shall submit to the Communications Specialist a written proposal, which shall include the following information: 1. The mission, vision and objectives of the proposed site; 2. The City employee(s) designated to establish, monitor and maintain the site; 3. Design, content and features of the proposed site; 4. Whether users may post comments or messages on or through the site, and if so the schedule and plan for reviewing and following up on such comments; and 5. The proposed approach for removal of any comments pursuant to this policy. C. Maintenance of Social Media Sites: All City social media sites shall make clear that they are maintained by the City and that they follow the City’s Social Media Policy. 1. The Site Administrator or designee shall make a good faith effort to respond within three (3) working days, or as otherwise defined in the proposal described in Section III(A) herein, to all comments or posts in which a user asks a question or requests feedback. When the Site Administrator responds to a comment, in his/her capacity as a City employee, the employee’s name and title should be made available, and the employee shall not share personal information about himself or herself, or other City employees. 2. All City social media sites shall be administered or overseen by a Site Administrator designated by the director of the department, board or commission creating the new social media site. Upon creation of the site, the Site Administrator shall provide to the Communications Specialist, the Mayor and the City Clerk’s Office all login information and passwords necessary to administer the social media site and shall provide any updated login or password information to the Communications Specialist, the Mayor and the City Clerk’s Office. Upon separation from City employment, the Site Administrator shall provide to the Communications Specialist all login information and passwords necessary to administer the social media site and shall relinquish and transfer all administrator rights to the Communications Specialist and the Communications Specialist shall immediately change the password necessary to administer the social media site. 3. As is the case for the City’s website, the department’s director or designee will be responsible for the content and upkeep (including maintenance and monitoring) of any social media site that department may create. 4. The Communications Specialist, the Mayor and the City Clerk’s Office will monitor content on all City social media sites to ensure adherence to the City’s Social Media Policy, consistency with the interest and goals of the City of Eagle, and enterprise-wide consistency in messaging and information across platforms and Site Administrators. 37 5. City employees or officials using or administering City social media sites shall conduct themselves at all times as a representative of the City and in accordance with all City policies. A failure to do so may result in disciplinary action. 6. The City must be able to immediately edit or remove content from social media sites. 7. For each social media tool approved for use by the City the following documentation will be developed and adopted: • Operational and use guidelines; • Standards and processes for managing accounts on social media sites; • City and departmental branding standards; • Enterprise-wide design standards; and • Standards for the administration of social media sites. City Employees’ and Officials’ Use Of Non-City Social Media Sites: A. Prohibited Conduct: City employees or officials using personal or non-City social media sites should be aware that all social media sites are or may be accessible by the public, including by other City employees and officials. City employees or officials shall not use personal or non- City social media sites in any way that may adversely affect his or her employment, workplace and/or that of other City employees, including but not limited to: bullying, gossiping, sexual harassment, abuse of City or other public resources, violation of City policies, or illegal activity. Such use of a personal or non-City social media site may result in disciplinary action as provided in the Eagle City/Library Personnel Policy. B. Personal Use: Where a City employee or official wishes to use or comment on a non-City social media site in his/her personal capacity regarding work or subjects associated with the City, or where such employee is or would reasonably be believed to be speaking in his/her professional capacity as a representative of the City, the provisions of this and other City policies shall apply and where necessary, the following disclaimer should be used: “The postings on this site are my own and do not necessarily represent the City’s positions or opinions”. USE OF CITY FACILITIES, PROPERTY & EQUIPMENT The City of Eagle is committed to providing a safe workplace and has a substantial investment in the facilities, property and equipment used to provide employees the tools for the effective and efficient accomplishment of City business. This policy also governs the use of the City’s computer and electronic communications systems, which includes telephone, cellular phone, voice mail, fax machines, Internet, electronic mail (e- mail), wireless internet connections and other computer usage. Employees have the responsibility to use all City computers, electronic communications systems and equipment in a professional, ethical and lawful manner. Employees should use the same care in drafting e-mail and other electronic documents as they would for any other written communication and strive to use good grammar and correct punctuation. Employees shall not, regardless of value, take City Property without authorization. The use of City Property for personal gain/benefit for other than official duty-related use is forbidden. Use of Facilities, Property &Equipment: The appropriate use of City facilities, property and equipment is expected from employees. All facilities, vehicles, furniture, supplies, computers, 38 electronic communications systems and equipment provided and/or used in the course of employment, including without limitation, the telephone, computers, and electronic communications systems, may only be used for approved purposes. Inspection of Property: Employees may be assigned and/or authorized the use of City-owned computers, electronic communications systems and etc., for the convenience of the City and its employees. Management reserves the right to search City property/equipment assigned to employees and documents in employee desks, file cabinets, etc. The City has the right to monitor any and all aspects of its computer and electronic communications system, including, but not limited to, monitoring sites visited by users on the Internet, reviewing material downloaded or uploaded by users to the Internet, and reviewing e-mails sent and received by users. Such monitoring may be conducted without prior notice. Use of the City’s property/equipment automatically constitutes consent to such monitoring, including, but not limited to, GPS tracking on vehicles, and city issued cellular devices. Employees may not disable the tracking devise or face disciplinary action up to and including termination of employment. Privacy: No employee shall have an expectation of privacy in any City property/equipment. This includes the use of the computer and electronic communications system, including, but not limited to, the e-mail and voice mail messages they create, store, send and receives and Internet sites they visit. EMPLOYEE DRESS STANDARDS The Department Supervisors shall set dress standards. In the absence of any dress standards, clothing shall be appropriate for the functions performed and shall present a professional appearance to the public. Employees shall comply with dress standards established in a Department for which the employee works. Dress, grooming and personal cleanliness of employees affects the morale and productivity of other employees in the workplace and image which the City presents to the public. All employees are expected to maintain dress, grooming and personal hygiene standards which are appropriate for their work assignment. In the absence of any departmental dress standards, clothing will be appropriate for the functions performed and will present a suitable appearance to the public. Radical departure from conventional dress or personal grooming and hygiene standards are prohibited in the workplace or when representing the City except when specifically authorized by Department Supervisor . Staff in areas of reception, clerical, administrative and professional who regularly come in contact with the public should dress appropriate for their positions. Clothing containing holes, spaghetti straps, tank tops or similar are not allowed. In the case of attending meetings with Council, City Commission and Boards, the public and business professionals, the dress should be appropriate for the meeting. If the employee is in doubt about what is appropriate in these cases, it is the employee’s responsibility to contact their Department Supervisor , for direction. 39 Some staff, who routinely work in the field follow a slightly more casual dress code. All garments must be neat in appearance and without holes, stains, obscene or offensive language and should be presentable and conservative in nature. Shoes must provide safe, secure footing and offer protection against hazards. It is not in the interest of the City of Eagle to dictate the private rights of its employees in regard to body piercing or gauging, but because of the safety factors in working with machinery and the overall image the City wants to present to the public. Employees who do not meet established personal appearance, dress or cleanliness standards may be required to leave work, if necessary, until the problem is corrected. Employees will not be compensated for time lost when they are required to leave work to comply with established personal appearance requirements. Repeated violations may result in disciplinary action up to and including termination of employment. CLOTHING ALLOWANCE When budgetary considerations allow, and as authorized by a Department Supervisor, the City may provide attire for employees based on position and duties assigned. Employees’ clothing will bear either the City’s name and logo or, and if appropriate, the employee’s name. Employees of the Recreation Department, and Water Department are required to wear clothing that is identifiable by their department and their name. INCLEMENT WEATHER It is the Policy of the City of Eagle for City facilities to remain open during most periods of inclement weather. There may be times when emergencies, such as severe weather, power failures, fire, etc. disrupt normal City operations. The City expects each employee to make reasonable efforts to report to work in inclement weather situations. If weather or traveling conditions delay or prevent an employee from reporting to work, the employee should notify their Department Supervisor as soon as possible. Department Supervisors have the responsibility of making the decision whether employees will be required to attend work as scheduled. If there is an emergency closing, employees in essential positions may be asked or required to work, either in their current position or in another assigned position. These employees will be compensated for regular pay, plus any applicable overtime or compensatory time as required by FLSA. If City facilities are initially open and then close during the workday, any affected employee scheduled to work that day, will receive regular pay for the remainder of their shift. Employees already scheduled for paid time off will utilize the same for those work hours. . If City facilities remain open on an adverse weather day, employees who report to work will receive their normal pay for the day. If an employee is unable to report to work when a City facility is open due to weather or traveling conditions, the employee will be expected to charge the absence to accrued PTO. If the employee has exhausted their PTO, they will not receive compensation for their time off. Regardless of whether the City facilities remain open or closed on an inclement weather day, it is each employee’s decision to determine if they can safely arrive at work under the conditions. 40 JURY DUTY & WITNESS IN COURT PROCEEDING The City of Eagle encourages employees to fulfill their civic responsibilities by serving on jury duty when required. If an employee receives a jury summons or a summons to appear as a witness in a court proceeding, the employee should immediately advise their Department Supervisor and the office of the City Clerk, so arrangements can be made to accommodate the employee’s absence. Employees called to jury duty or as a witness in a court proceeding, which necessitates an absence from their regularly scheduled duties., will receive their hourly wage for the hours they would normally have been scheduled to work with no reduction in benefits. This does not apply to temporary employees. If an employee is dismissed from jury duty before the end of the workday, they must contact their Department Supervisor for instruction on whether to return to work for the remainder of the workday. In the event that the commitment to jury duty or a witness in a court proceeding may last for over ten (10) days, the employee must notify their Department Supervisor. Jury duty for an exceptionally long duration may be compensated upon the discretion of the Department Supervisor. NEPOTISM-HIRING OF RELATIVE No person will be employed by the City when the employment would result in a violation of provisions found in Idaho Code, including but not limited to I.C. Title 74, Chapter 4, and I.C. Title 18, Chapter 1359 and their successors. Any employment made in violation of these sections may be void. The appointment or employment of the following persons is expressly prohibited: a. No person related to the Mayor or a City Council member by blood or marriage within the second degree will be appointed to any compensated office, position, employment or duty. b. No public servant, including Elected Officials and employees, will appoint or vote for the appointment of any person related to them by blood or marriage within the second degree to any compensated office, position, employment or duty. This means no one related within the second degree to anyone involved in any way in the hiring process can be hired and/or that no one related to an applicant within the second degree can take part in the hiring process. An employee who’s relative is subsequently elected may be eligible to retain their position and pay increases as allowed by relevant provisions of Idaho law, including I.C. Title 18, Chapter 1359. No person related to the Mayor or a member of the City Council within the second degree by blood or marriage may be hired or appointed if the pay is from public funds. RELATIONSHIP POLICY Any Department Supervisor involved in a romantic relationship with a subordinate must immediately notify the Mayor and the Human Resources Officer of the existence of any such relationship. Efforts should be made to eliminate supervisory responsibility for one who is romantically involved with a subordinate. Employees involved in such relationship bear a responsibility to the City to cooperate in any effort to avoid the potential conflicts that can arise from such personal relationships in the workplace. Such relationship may result in a change of 41 employment duties. CANDIDACY FOR ELECTIVE OFFICE First Amendment: While the City recognizes that the First Amendment provides Constitutional protections for the political activity of its employees, it also recognizes that this right is not absolute when balancing the right of the individual to become a Candidate for Office and the City’s interest in promoting the efficiency of the public services it performs through its employees. Reasonable Prediction of Disruption: If an employee initiates candidacy against an Elected Official of the City of Eagle and there is a reasonable prediction of disruption, the employee must resign or face possible employment action, including being placed on an unpaid leave of absence or termination. A reasonable prediction of disruption is based upon any of the following factors: a. The size of the department in which the employee works. The smaller the department, the greater the likelihood of disruption; b. Whether the employee candidate holds a position of trust and confidence to the incumbent, the closer the ties, the greater the likelihood of disruption; c. Whether the employee candidate is running for a position in which they would replace or become superior to their current Department Supervisor, in such circumstances the likelihood of disruption would be greater; or d. The nature of the relationship between the employee candidate and the incumbent and the degree of contact they have with one another. The greater the amount of contact and interaction, the greater the likelihood of disruption. e. Not all of the above factors must be met to find a reasonable prediction of disruption. Evaluation and Action: 1. The Elected Official should consult with legal counsel for the City in determining whether there exists a reasonable prediction of disruption and the appropriate employment action to take. 2. The Elected Official should set out in writing the factual basis for finding that there exists a reasonable prediction of disruption using the above factors and their reasoning for taking the specific action. The written findings should be provided to the employee and placed in the employee’s personnel file. 3. All other applicable procedures that allow an opportunity to be heard, as set out in this policy, will apply. IDAHO WHISTLEBLOWER PROTECTION Scope: Idaho Code, Title 6, Chapter 21, provides protections to public employees who experience adverse employment actions as a result of the good faith reporting of the existence of any waste of public funds, property or manpower, or of a violation, or suspected violation, of law, rule or regulation of the City, State of Idaho or the United States of America. Reporting: Any such report must be made at a time, and in a manner, which gives the City a reasonable opportunity to correct the waste or violation. Protection: The City may not take adverse action against an employee because the employee in good faith reports the suspected waste or violation, or participates or gives information in an investigation, hearing, court proceeding or any other form of administrative review of the report. Enforcement of Rights: If the employee believes that they have experienced an adverse 42 employment action protected by the Whistleblower Act, they may bring a civil action in District Court within one hundred eighty (180) days of the occurrence of the violation of the Act. END OF SECTION 43 GENERAL POLICIES The Mayor, Department Supervisors, and the Human Resources Officer are responsible for the administration of the policies herein. None of the policies are intended to give rise to contractual rights or obligations or to be construed as a guarantee of employment for any specific period of time, or any specific type of work. These polices are subject to modification, amendment or revocation by the City at any time, without advanced notice. EMPLOYEE PERSONNEL RECORDS Personnel records are the property of the City of Eagle, and access to the information they contain is restricted and confidential. City employee records are stored in a secure location. The official employee records for the City are maintained by the office of the City Clerk. A personnel file shall be kept for each employee and should include the employee’s job application, position description, performance reviews, disciplinary records, records of salary increases and any other material relevant to the employee’s performance and tenure. It is the responsibility of each employee to promptly notify their Department Supervisor and the office of the City Clerk in writing of any changes in personnel data, including personal mailing addresses, telephone numbers, names of dependents and individuals to be contacted in the event of an emergency. Access and Management of Information within Personnel Files: Access: The Human Resources Officer, the Mayor, Department Supervisors, the office of the City Clerk, the City Council , when acting in the course of its official business, and the employee are authorized to view materials in a personnel file. Access of others to such files will be allowed only when authorized after consultation with the City Attorney. Information regarding personnel matters will only be provided to outside parties with a release from the employee, when deemed necessary by the City Attorney, or pursuant to a Court order or a proper subpoena. The City reserves the right to disclose the contents of personnel files to outside state or federal agencies, its insurance carrier or its carrier’s agents for risk management purposes, or when necessary to defend itself against allegations of unlawful conduct. File or file content removal from secured location: Should a personnel file be removed from the secure location, a log will be kept as to who removed the file, date and time of removal and the date of return. In the event that a document(s) is removed from the individuals file a memo describing the document, date of removal and the justification for removal shall be placed in the file, signed responsible party. When the document is returned, a notation of date and time return shall be added to the memo. The memo shall remain in the file. Contest/objection to personnel file contents: Each employee will be provided an opportunity to contest to the contents of their personnel file at any time, by filing a written objection and explanation that will be included in the file along with the objectionable material. In the sole judgment of the Mayor after consultation with the City Attorney, any offending material may be removed upon a finding by the City that it is false or unfairly misleading. In general, there is a presumption that materials are to remain in personnel files accompanied by the employee’s written objection and explanation to provide a complete employment history. 44 Copies of materials in an employee’s personnel file are available to that employee without charge, subject to exceptions provided by statutes. HIRING FROM WITHIN Qualified City employees may be given preference over outside applicants to fill vacancies in the work force without following the notice and selection procedures normally required for hiring new employees. If the internal preference process is used it may be completed prior to, or concurrently with seeking outside applicants for the position. ATTENDANCE & PUNCTUALITY It is important for employees to report to work on time and to avoid unnecessary absences. The City recognizes that illness or other circumstances beyond an employee’s control may cause them to be absent from work from time to time. However, frequent absenteeism or tardiness may result in disciplinary action, up to and including discharge. Excessive absenteeism or frequent tardiness puts an unnecessary strain on co-workers and can have a negative impact on the success of the City. Employees are expected to report to work when scheduled. Whenever an employee knows in advance that they are going to be absent, the employee should notify their Department Supervisor. If the absence is unexpected, the employee should attempt to reach their Department Supervisor as soon as possible, but in no event later than one (1) hour before the employee is due at work. In the event the Department is unavailable, the employee is directed to contact the office of the Human Resources Officer (Clerk’s Office). If the employee must leave a voicemail, the employee must provide a phone number where the employee may be reached. EMPLOYEE CLASSIFICATION For various reasons, employee status must be organized by classes in order to administer employee policies, benefits or otherwise address employment issues. It is generally the responsibility of the Department Supervisor to ensure that employees are properly categorized for purposes of each issue or benefit type. The Human Resources Officer will endeavor to assist with such matters, but the employee is ultimately responsible to ensure that their status is properly addressed. All Employees of the City of Eagle are considered “AT WILL” and may be terminated with or without cause absent prior notice, regardless of any clause in this Policy, except as otherwise required by law or pursuant to a written contract approved by the City Council. The classification of the position an employee holds with the City may affect the status of obligations or benefits associated with their employment. The primary classes of employees are: Appointed Officials: The city clerk, treasurer and any other appointed officials pursuant to Idaho Code §50-204 and Eagle City Code 1-6-1, may only be removed pursuant to Idaho Code §50-206 and/or Eagle City Code 1-6-2. Elected Officials: Elected Officials are not considered employees. Elected Officials receive employment benefits as identified herein. Full-Time Regular Employees: Employees whose employment is sustained and continuing and whose typical work week consistently consists of at least 30 hours are considered full-time regular employees. Full-time regular employees are eligible for employee benefits provided by the City. Part-time Regular Employees: Employees whose employment is sustained and continuing and whose typical work week consists of less than 30 hours on a regular basis are considered part-time 45 regular employees. Part-time regular employees may receive reduced employee benefits as authorized by the City Council and as required by federal and state law. The scope of benefits received may vary proportionately with the number of hours typically worked for a part-time regular employee. The number of hours worked may also affect the employee's obligation to participate in certain mandatory state benefit programs. Certain benefits may not be available because qualifying thresholds have not been reached. Non-PERSI Eligible Employees: As identified in Idaho Code Section 59-1302(14)(b), certain types of employees are not eligible for PERSI benefits. These employees are also not eligible for other offered city employee benefits, except those required by law or otherwise authorized by the City Council. Descriptions of non-PERSI eligible employees, include but are not limited to, the following: • Positions are designated as seasonal if employment does not exceed eight (8) consecutive months in a calendar year and certification has been submitted to PERSI that it is seasonal or casual and affected by weather. Seasonal employees receive no benefits provided to full-time, permanent part-time or part-time employees, except those required by law or those provided by express written authorization of the City Council. • Employees who work on an irregular or temporary basis that does not total five (5) consecutive months are temporary employees. Temporary employees receive no benefits provided to full- time, permanent part-time or part-time employees, except those required by law or authorized by the City Council. Temporary Employees: Individuals who work on an irregular or temporary basis. These individuals may be hired through a third-party staffing or temporary agency. These employees are not eligible for employee benefits, except those required by law COMPENSATION POLICIES: Employment with the City is subject to the Federal Fair Labor Standards Act (FLSA). The City shall comply with all State and Federal Pay Acts respecting the compensation of employees for services performed in the public service. In accordance with Idaho Code 45-609 or its successor, no payroll deductions will be made from an employee’s paycheck unless authorized by the employee or required by law. Practices respecting the issuance of paychecks and allocation of employee benefits are consistent with the official policy of the City. Every effort will be made to ensure that employees are paid correctly. Occasionally, however, inadvertent mistakes can happen. Each employee must monitor the accuracy of compensation received and review their paper or electronic paycheck stub to verify it is correct. Information shown on the employee's paycheck stub is provided for information only. In the event of disagreement between the computer-generated paycheck stub and official policy, the policy will prevail. Employees are obligated to call attention to any such errors, whether to the advantage or disadvantage of the employee. When errors are identified and called to the attention of the Human Resources Officer, upon confirmation an error occurred, corrective action will take place as soon as possible. Documentation of any such issue will be maintained in either the employee’s personnel file or in the payroll accounting program. Right to Change Compensation and Benefits: The City may change general compensation for any reason deemed appropriate by the City Council. Compensation may also be adjusted based 46 upon job performance and the availability of funds to maintain a solvent city budget. Hours worked may be reduced or employees may be laid off as necessary to meet budgetary constraints or as work needs change. Timesheets: It is the responsibility of each employee to accurately record actual time worked during a work period and submit a timesheet for the same. The employee shall obtain Department Supervisor approval prior to the use of PTO via the electronic request platform, or written requests on city provided form may be submitted if the electronic platform is unavailable. Additionally, it is the responsibility of the Department Supervisor to confirm the accuracy of the hours reported by the employee and verify time was necessary in the public service. Employees may not falsify their own timesheet or alter another employee’s timesheet in any way. Employees must not under or over report hours worked by themselves or other employees, or conceal any falsification of time records, even if instructed to do so by a Department Supervisor. If instructed to do so, the employee must immediately report it to the Mayor or the office of the City Clerk, as appropriate. Corrections made to an employee’s timesheet made by a Department Supervisor or the office of the City Clerk to correct mistakes will be reviewed with the employee to ensure transparency. Work Week: The work week (or work period) for all employees who are subject to the Fair Labor Standards Act (FLSA) will begin at 12:00 (midnight) on Sunday of each week and concluding at 11:59 p.m. on Saturday. Pay Period: Employees are paid bi-weekly throughout the year, for a total of twenty-six (26) pay periods. The average total work hours per pay period is eighty (80) hours for full time staff. OVERTIME & COMPENSATORY TIME (Comp Time) In addition to the employee classifications set forth elsewhere in this policy, all employees are classified as exempt (salaried) or non-exempt (hourly) for purposes of complying with the federal Fair Labor Standards Act (FLSA). Exempt Employees: Exempt employees perform work that qualifies for the professional, executive or administrative exemption and do not qualify for overtime compensation or compensatory time. Employees should contact their department head or the Human Resources Officer for further clarification of the employee’s FLSA status. Non-Exempt Employees: Non-exempt employees entitled to overtime compensation will either accrue compensatory time or overtime pay. The Department Supervisor may require the payment of overtime vs the accrual of compensatory time based on the needs of the City. Prior Approval required: Department Supervisor approval is required prior to employee working over 40 hours in one work week due to budgetary and staffing considerations. It is the sole determination of the Department Supervisor whether the employee is paid overtime or allowed to the option of accruing compensatory time. Overtime Pay: Overtime work is work performed in excess of 40 hours per week as defined by the Fair Labor Standards Act (FSLA). Overtime is triggered when a non-exempt has worked in excess of forty (40) hours in one work week, PTO hours taken do not count towards the forty (40) hours, however the City has allowed holidays to be counted as time worked. Overtime for non-exempt employees will be allowed only when authorized by the appropriate 47 Department Supervisor or when absolutely necessary in an emergency. Employees may not work any hours outside of their scheduled workday unless the Department Supervisor has given advanced authorization for the unscheduled work. Employees may not start work early, finish work late, work during meal breaks or perform any other extra or overtime work unless they are authorized to do so, and it is reported on the employee’s timesheet. Any employee who fails to report, or inaccurately reports, any hours worked will be subject to disciplinary action, up to and including termination of employment. Compensatory Time (Comp Time): Compensation for overtime hours shall accrue at the rate of one and one-half (1½) times the non-exempt employee’s regular rate of pay for hours worked in excess of forty (40) hours in a work week. Department Supervisor approval is required prior to employee working over 40 hours in one work week due to budgetary and staffing considerations. Comp Time is defined as time off granted to a non-exempt employee to offset overtime hours worked by the employee. Comp Time cannot be accrued unless the non-exempt employee actually works overtime in the work week. Comp Time Accrual Limits– Sunset for Use or Pay-Out: Comp Time will accrue at the rate of one and one-half (1½) times the non-exempt employees’ regular rate of pay for hours actually worked over forty (40) hours in a work week. The maximum accrual of Comp Time is limited to forty (40) hours. A non-exempt employee who reaches this threshold shall be paid overtime compensation. All Comp Time shall be utilized by September 15th of each year or shall be paid out as overtime prior to end of fiscal year. Failure to identify: Should a regular employee fail to designate overtime vs comp time for hours worked over forty (40) hours, the regular employee will automatically be paid overtime when payroll is processed. Utilization of Comp Time: Use of Comp Time will depend upon the ability of individual Departments to tolerate a requested absence. If a request to use Comp Time is denied by a Department Supervisor or reasonable opportunities to use such time are unavailable, the employee will be paid overtime compensation for such accrued time upon request of the employee. Travel Time: Fair Labor Standards Act (FLSA) non-exempt full-time regular employees who are traveling on City business are eligible to accrue Overtime or Comp Time while in travel mode. Under this provision, all time spent in travel mode during the non-exempt employee’s regular work hours (even on weekends and holidays) is counted as hours worked and is therefore eligible for Overtime or Comp Time. Comp Time “Cash-Out - Full-Time Regular Employees: The City extends a “Cash-Out” option for Comp Time should an employee wish to utilize it. The requesting employee must complete a Comp Time Cash-Out Request Form. The request to “cash out” must be received by the office of the City Clerk for processing one (1) week prior to a pay date. Promotion from Non-Exempt to Exempt Full-Time: If a non-exempt employee with accrued Comp time is promoted to an exempt position, all accrued Comp time will be paid out as overtime prior to the effective date of the promotion. Termination: Upon termination of a non-exempt employee, all accrued Comp time will be paid out as overtime. 48 PAID TIME OFF (PTO) The City utilizes Paid Time Off (PTO) for full-time, and part-time employees to use for vacations, planned time off and/or sick leave. Full Time Regular Employees: Full-time regular employees work forty (40) hours per week. Each full-time regular employee who completes thirty (30) consecutive days of employment with the City, accrues PTO according to the length of such consecutive employment as follows: Up to 5 years of service: .08 hour per regular hour worked 162 maximum hours a calendar year More than 5 years but less than 10 years of service .10 hour per regular hour worked 204 maximum hours a calendar year More than 10 years but less than 15 years of service .12 hour per regular hour worked 240 maximum hours a calendar year More than 15 years of service .14 hour per regular hour worked 282 maximum hours a calenda year Employees are encouraged to maintain a minimum balance of forty (40) hours (5 workdays) for emergency purposes. PTO shall not accrue during any period of suspension, leave without pay, FMLA unpaid leave or layoff. Accrual limit: Full time regular employees are allowed to attain no more than four hundred eighty (480) hours (60 workdays) of PTO. No additional leave shall accrue once the four hundred eighty (480) hour limit has been reached, this is a “Use It or Lose It” Policy. Termination: Full-time regular employees upon exit from City employment, the employee is eligible to be paid for no more than two hundred (200) hours of accrued PTO. Part-Time Regular Employees: Each part-time regular employee who completes thirty (30) consecutive days of employment with the City, accrues PTO according to the length of such consecutive years of employment as follows: Up to 5 years of service: .08 hour per regular hour worked 81 maximum hours a calendar year More than 5 years but less than 10 years of service .10 hour per regular hour worked 102 maximum hours a calendar year More than 10 years but less than 15 years of service .12 hour per regular hour worked 120 maximum hours a calendar year More than 15 years of service .14 hour per regular hour worked 141 maximum hours a calendar year Part-time regular employees are encouraged to maintain a minimum balance of nineteen (19) hours for emergency purposes. PTO shall not accrue during any period of suspension, leave without pay, FMLA unpaid leave or layoff. Accrual limit: Part-time regular employees are allowed to attain no more than two hundred and forty (240) hours of PTO. No additional leave shall accrue once the 240 hour limit has been reached, this is a “Use It or Lose It” Policy. Termination: Part-time regular employees upon exit from City employment, the employee is 49 eligible to be paid for no more than one hundred (100) hours of accrued PTO. Non-PERSI Eligible and Temporary Employees: Employees who are designated as either non- PERSI eligible or temporary employees may request time off without pay, with the provision of a minimum of a ten (10) day notice, excluding instances of unforeseen illness or emergency. Use of PTO: Prior to taking PTO, a Request for PTO (Paid Time Off) Form must be submitted via the electronic platform or written requests may be submitted if the electronic platform is unavailable, by the employee and turned into their Department Supervisor for approval. Efforts will be made to accommodate the preference of the employee in PTO scheduling, but the first priority will be the orderly function of the affected departments. The Department Supervisors are responsible for approving the PTO of employees under their supervision and making sure the employee complies with all the terms of the PTO Policy set out in the Personnel Policy and Guidelines. Department Supervisors shall verify that the employee has sufficient PTO available prior to approving their PTO request. PTO leave may be denied if the employee does not have sufficient leave time available. Employees who repeatedly take unplanned leave (not pre-approved), or time-off when PTO hours are not available for purposes other than an emergency or FMLA qualifying events may face discipline measures up to and including termination of employment. The Mayor, after recommendation by a Department Supervisor may grant up to thirty (30) days unpaid time off for any justifiable purpose when the employee’s PTO leave has been exhausted. If an employee finds it necessary to be absent from work for a prolonged period of time, the employee may request, in writing, an unpaid Leave of Absence for up to thirty (30) days. However, no employee is guaranteed a leave of absence. The Department Supervisor when appropriate, may either approve or deny a Leave of Absence based upon numerous business considerations. Because of fluctuating needs the City cannot guarantee reemployment when an employee’s Leave of Absence expires. If the employee’s position or comparable position is not available, the employee’s name will be placed on a hiring list and consideration for future vacancies if the employee meets the qualifications. PTO “Cash-Out: Full-Time Regular Employees: The City extends a “Cash-Out” option for PTO should exempt full-time regular employees wish to utilize it. The employee may request to “cash out” up to eighty (80) hours of accrued PTO, two (2) times per calendar year, which will be processed with a regular payroll. The requesting employee must complete a PTO Cash-Out Request Form. The request to “cash out” must be received by the office of the City Clerk for processing one (1) week prior to a pay date. The employee must ensure that a minimum of one hundred (100) hours of PTO remains available to them. PTO “Cash-Out: Part-Time Regular Employees: The City extends a “Cash-Out” option for PTO should part-time regular employees wish to utilize it. A part-time regular employee may request to “cash out” up to forty (40) hours of accrued PTO, twice per calendar year which will be processed with a regular payroll. The requesting employee must complete a PTO Cash-Out Request Form. The request to “cash out” must be received by the City Clerk/Treasurer for processing one (1) week prior to a pay date. 50 The part-time regular employees must ensure that a minimum of fifty (50) hours PTO remains available to them. ON-CALL AND WORK VEHICLE POLICY “On-Call” will be determined by the Department Supervisor as needed. While “On-Call” employees shall be available for immediate response to emergency and/or service calls. On-Call Time: On-call time is non-working time when the employee may be called to come in to work. Employees participating in on-call time will do so on a rotational basis which best suits the needs of their department. If they are called back to work, their wages for Call-back shall take precedence; at no time shall employees receive both benefits (on-call and regular pay). Employees shall not be under the influence of alcohol or drugs while on-call. Call Back Time: Unless otherwise provided by the employee’s Department Supervisor, the employee shall respond to a call and report to work within approximately thirty (30) minutes of receiving the call. If weather, traffic, or other circumstances cause some delay, the employee shall make reasonable efforts to respond given such circumstances, which may exceed thirty (30) minutes. If the call indicates an emergency to property or safety of person, the employee shall make reasonable efforts to respond as soon as possible. Examples: Employee is on-call and receives a house call across town. It is December and there is a large snowstorm. Employee shall promptly report but if it takes forty-five (45) minutes to an hour to get to the residence, there is no violation. Employee is on-call and receives a house call that a pipe has burst. Employee shall immediately respond to the call as soon as possible within thirty (30) minutes. Call back to work after an employee has been off duty one or more hours will be paid for actual hours, but not less than two hours, at the employee’s regular rate of pay until such time that the employee has reached the weekly accrual of forty(40) hours worked time after which all time worked shall be paid at a rate of one and half times the employee’s regular rate of pay. Employees responding via phone or computer with no need to physically leave their locations shall be compensated a minimum of fifteen (15) minutes or for actual time spent, whichever is greater, correcting the problem in addition to their regular on-call compensation rate. All time claimed by an employee must accurately reflect the actual time spent. On-Call Compensation: Employee will receive two-thirds of an hour of compensation for days the employee is regularly scheduled to work. Employee will receive one hour of compensation for every twenty (24) hours on-call on days the employee is not regularly scheduled to work. If employee is on-call during a Holiday, the Employee will receive one (1) hour of Holiday pay compensation, at one and a half (1 ½) times the employee’s regular rate of pay. Employee will be compensated at the employee’s regular rate of pay until such time that the employee has reached the weekly accrual of forty (40) hours of worked time after which all time worked shall receive the same compensation as the City’s overtime rate policy which is solely governed by the Federal Fair Labor Standards Act. Work Vehicle: Employee may be required to drive a City vehicle home and keep it there while employee is on-call. Employee shall not use a City vehicle for personal use while on-call unless otherwise authorized by the Department Supervisor. Employee shall maintain an accurate mileage 51 log and keep accurate records of the actual mileage at the beginning and end of each on-call weekday or weekend shift. Mileage Reimbursement: Employee will be eligible for mileage reimbursement for driving their personal vehicle to their regular place of employment or to the service site while on-call. Reimbursement request shall be submitted in accordance with the procedures established herein. EMPLOYEE EVALUATIONS An evaluation is for the employee's benefit and does not alter or amend the “AT WILL” employment status of any employee of the City of Eagle. The Department Supervisor will complete an evaluation for each employee to measure progress and to encourage professional development. The evaluation may note specific instances of outstanding work performance, completed professional development coursework, as well as identifying areas where improvement is needed. Evaluations will be given on the basis of the Department Supervisor observation of the employee’s performance, the accuracy of the employee’s work in addition to the quantity and additional efforts expended by the employee. These evaluations may be consulted when evaluating potential changes in employee compensation. Evaluations will be reviewed with the employee and a copy placed in the employee file. Each year, Department Supervisors should take the opportunity to review the employees job description with the individual to refamiliarize themselves with the essential function of the position. It is the Department Supervisors responsibility to accurately budget for wage adjustments and ensure equitable compensation of personnel in accordance with established policies. Human Resource Officer shall be consulted to confirm wage meets grade and range scale. The Department Supervisor will prepare a Notice of Personnel Action Form for each employee receiving a change in their wage. The Notice of Personnel Action Form will be presented to the Mayor for review and approval, prior to reviewing with the employee for their review and approval. The signed copy will be provided to the office of the City Clerk for entry into the payroll system and placement in to the employees personnel file. HOLIDAYS Official holidays are compensated holidays that are provided for full-time and part-time regular employees. Employees who have full-time and part-time regular employee active status on the date of any holiday shall receive compensation for that day even though they do not work. Full-time regular employees will receive eight (8) hours credited for a holiday which will be included in the total hours worked per week for calculation of overtime hours. Part-time regular employees will receive four (4) hours credited for a holiday which will be included in total hours worked per week. Temporary employees are not eligible for holiday pay. Holidays which fall on a Saturday shall be observed on the preceding Friday. Those which fall on Sunday shall be observed on the succeeding Monday. If one or more regular holidays fall in the period of an employee’s PTO, the leave record will be credited with the holiday, so the employee will not be charged with a day of leave. 52 Recognized Holidays: New Year’s Day Labor Day Martin Luther King, Jr./Human Rights Day Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving & the day after Independence Day Christmas Eve & Christmas Day Additional observed and compensated holidays maybe observed, if declared by the President of the United States, the Governor of Idaho, or by the Mayor of Eagle. EMPLOYEE BENEFITS The City may change general compensation for any reason deemed appropriate by the City Council. Compensation may also be adjusted based upon job performance and the availability of funds to maintain a solvent city budget. Hours worked may be reduced or employees may be laid off as necessary to meet budgetary constraints or as work needs change. These benefit offerings are subject to change or termination in the sole discretion of the City Council. Each is subject to the specific terms of its respective insurance policy and/or Resolution of the City Council. Except for Worker’s Compensation Insurance, other benefits provided by the City do not begin to accrue until the full time or part-time regular employee have completed thirty (30) days of continuous employment with the City. The City of Eagle offers a number of employee benefits for full-time and part-time regular employees. Part-Time regular employees may have access to some of the same benefits as full- time regular employees on a pro-rata basis as identified herein. RETIREMENT: Public Employee Retirement System of Idaho (PERSI) PERSI Base Plan: The PERSI Base Plan is an IRS qualified 401(a) pension plan that provides a pension benefit to career public employees. The Base Plan is a “defined benefit” plan, meaning that a member’s retirement benefit is defined by a formula based on years of service, age and earnings. An employee becomes a PERSI member upon full time employment or if the employee normally works in excess of twenty hours (20) per week for five (5) consecutive months or more with the City of Eagle. Enrollment in the PERSI Base Plan is mandatory and both the City and the employee make contributions to the Base plan. Employee contributions are credited to the employee’s personal account, while employer contributions are pooled into a trust fund to cover benefits. The Department Supervisor’s shall be responsible for monitoring employee eligibility, specifically the “trigger hours” for part-time employees. Refer to “Public Employees Retirement System Member Handbook” for more comprehensive information regarding this benefit www.persi.idaho.gov . PERSI Choice Plan: The PERSI Choice 401(k) retirement savings plan. It gives eligible employees the opportunity to save additional retirement funds to supplement their PERSI Base Plan and Social Security benefits. It also provides significant tax saving opportunities because income tax on contributions (and earnings) is deferred until the time of withdrawal. Participation 53 in the Choice 401(k) Plan is easy, as contributions are automatically made through regular payroll deductions. Participation is voluntary, and participants have complete control over how much of their income to contribute, when to stop, start or change contributions. Medical Insurance: The City provides health, vision and dental insurance to full-time regular employees and the Mayor. All coverage is subject to policy terms and are subject to change at any time. Questions regarding the terms of these benefits should be directed to the Human Resources Officer. City Councilmembers who choose to be covered by the City’s insurance are responsible for the full payment of all insurance premiums for themselves and any dependents they choose to cover under the policy. The City pays for the employee’s premium and pays one-half (1/2) the cost of the employee’s dependent’s premium. The cost to the employee for their dependent’s premium will be a deduction from their payroll check. One-half (1/2) of the dependent’s premium will be deducted from the first two (2) paychecks of each month. Except for Worker’s Compensation Insurance and PERSI, other benefits provided by the City do not begin to accrue until the full-time regular employee has completed thirty (30) days of continuous employment with the City. Insurance coverage begins on the first day of the month following the end of the first thirty (30) days of continuous employment with the City. Dental & Vision Insurance: The City provides dental and vision insurance coverage for full- time regular employees. Insurance coverage begins on the first day of the month following the end of the first thirty (30) days of continuous employment with the City. The City pays for the employee’s premium and pays one-half (1/2) the cost of the employee’s dependent’s premium. The cost to the employee for their dependent’s premium will be a deduction from their payroll check. One-half (1/2) of the dependent’s premium will be deducted from the first two (2) paychecks of each month. Life Insurance: Limited life insurance coverage is provided to full-time regular employee. Insurance coverage begins on the first day of the month following the end of the first thirty (30) days of continuous employment with the City. The City pays the premium for full-time regular employees. Employee Assistant Program (EAP): An Employee Assistant Program (EAP) is offered to all employees. The EAP is a benefit that provides professional, confidential counselling help for personal problems at no cost to the employee. The EAP is available to all employees and their immediate family members. This program provides the tools to employees to successfully address work and personal problems that impact their life, including personal matters, relationship, work, legal and financial. These services are completely confidential between the provider and the employer, no information is released to the employer. COBRA Benefits: The Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the City of Eagle’s medical plan for a certain period of time provided by law when a qualifying event would normally result in the loss of eligibility. Under COBRA, the employee or qualified beneficiary pays the full cost of coverage at the City of Eagle’s group rates, plus an administrative fee of 2%. Certain deadlines and application requirements apply. To apply for COBRA benefits, please contact the Human Resources Officer. 54 EMPLOYEE-STUDENT IN-SERVICE EDUCATION PROGRAM The full-time or part-time regular employee-student wishing to pursue the City of Eagle’s Employee-Student In-Service Education Program must obtain a written recommendation from their Department Supervisor and must enter into an Employment Agreement with the City of Eagle. An employee-student that is going to enter a program leading to a diploma, certificate, baccalaureate or a graduate degree must file with their Department Supervisor a written plan indicating the degree to be earned, the estimated time frame (number of years), general subjects needed for this degree, and the subjects already completed toward the degree. The employee- student should also discuss how this degree would benefit the City and also how this would benefit the job the employee currently holds or what job the employee is working towards. Employment Agreement: The employee-student who plans on pursuing an extended program of higher education relative to their position and leading to an advanced, associate or baccalaureate degree and graduate studies, or the employee-student pursuing short courses where diplomas and certificates are awarded, must enter into an Employment Agreement with the City of Eagle. The Employment Agreement must be approved by the City Council. If employee-student is unable to finance the initial tuition of a course, they may file a written request for an advance of tuition reimbursement with their Department Supervisor and such request must be approved by the City Council. Requirements and Qualifications: Employee-students who are qualified may pursue individual courses relative to their position of employment for the purpose of making themselves more proficient in that job position. With this approach, the employee-student will be subsidized to the extent of tuition and registration fees as outlined above only, upon satisfactory completion of the course. The employee-student will be responsible to amass the information necessary for enrollment in such courses at recognized institutions. The employee-student must receive approval from the Department Supervisor for reimbursement privileges prior to enrollment. The employee-student who is qualified and who wishes to pursue a planned and outlined long range program of study relative to their position and leading to an associate, baccalaureate or graduate degree and diplomas or certificates for short training courses, may apply for tuition and registration fees subsidy as stated above. Costs will be reimbursed upon satisfactory completion of each phase of the program and the employee-student will be responsible to amass the information necessary for his enrollment of such a program. The employee-student will be allowed to carry a maximum load of six (6)-credit semester hours during a regular semester and a maximum of three (3)-credit semester hours during a summer school session unless otherwise approved by the Department Supervisor or Library Director, as appropriate. If an employee-student engages in more than the stated maximums, they shall not be eligible for consideration under this Program unless otherwise approved by their Department Supervisor . Every employee-student upon application for benefits from the program must meet the following requirements: 1. Must be of full time or part-time regular employee status with the City. 2. Must have a satisfactory performance record. 55 3. Must have formal, written approval of their Department Supervisor. 4. The expense must have been budgeted for in the current fiscal year. Every employee-student upon request for receipt of benefits from the program must meet the following requirements. 1. Must be accepted and approved by their Department Supervisor for reimbursement. 2. Part-time regular employee’s benefits will be pro-rated based on hours worked. 3. Upon completion of the course must submit a receipt of tuition paid, grade or certificate of completion received, and agree to provide comments about the course taken to the Department Supervisor within thirty (30) days after completion. Advanced and Continuing Education Curriculums Available: These will include: 1. Accredited colleges, universities and junior colleges; 2. Correspondence, distance learning (or equivalent), and extension schools; 3. Vocational and technical schools; 4. Authorized and accredited short training courses; and 5. Individual single accredited training courses. Education Review Duties: Upon receipt of the employee-student's application, the Department Supervisor will consider: 1. The applicant's meritorious service or performance that makes the employee-student eligible for the program's benefits. Years of service with the City will also be a consideration. 2. The applicant's plan for curriculum. 3. The budgetary expenditures, present and future, that are involved in the employee-student's application for financial assistance. 4. Review of circumstances when tuition advancement is requested. Reimbursement The City will reimburse an full-time and part-time regular employee for tuition and registration costs at 100% for a grade of “A” or equivalent, 80% for a grade of “B” or equivalent, 50% for a grade of “C” or equivalent, and 0% for grades under “C” or equivalent. Tuition will be reimbursed at the completion of each phase of study upon the employee's presentation of proof of tuition paid and a satisfactory grade of "C" or better or a notice from the institution of a successful completion of the course. The City will not reimburse the student for books or laboratory fees. SEPARATION FROM EMPLOYMENT Employees who leave the City of Eagle workforce under various conditions that include retirement, resignation, involuntary terminations, reductions in force etc. Regardless of the reason, the end of employment shall be conducted in a discreet, respectful and efficient manner. Retirement: An employee who intends to retire is encouraged to give written notice of their intent to retire to their Department Supervisor or the Mayor , as soon as possible, but no less than thirty (30) calendar days prior to the intended retirement date. The retirement notice should indicate the employees last working day. The Department Supervisor will prepare a Personnel Action Form indicating the employee’s retirement date, and provide to the Human Resources Officer for placement in the employees file. After giving Notice of Retirement the employee is expected to assist their Department Supervisor and co-employees by providing information concerning their current projects and help in the 56 training of a replacement. Prior to the date of retirement, the Human Resources Officer will meet with the employee to discuss the retirement process and any required paperwork. Information regarding benefits including COBRA options, appropriate retirement issues including PERSI, leave and any pay due with the employee will be provided to the employee. Upon retirement, the employee shall be paid for any unused leave balances or have the option to take the unused leave balance as leave until the date of retirement. All city owned property shall be returned to the City on their last day of work. The City of Eagle may take any action deemed appropriate to recover or protect its property. Resignation: An employee is encouraged to submit a written Notice of Resignation to their Department Supervisor, the Mayor at least two (2) weeks prior to the effective date of the resignation. Employees who voluntarily resign from the City will be paid their unused leave and Comp time balances in accordance with City policies. An employee may be requested to leave immediately by the Department Supervisor or the Mayor upon notice of resignation. All city owned property shall be returned to the City on their last day of work. The City of Eagle may take any action deemed appropriate to recover or protect its property. The Notice of Resignation should indicate the reason for resigning and the last workday with the City. Oral resignations should be documented in writing by the Department Supervisor, or the Mayor. The document will be placed in the employee’s personnel file. When resigning employment with the City, the employee must actually work a full two (2) weeks in order to be considered leaving in “good standing” unless exceptional circumstance exist. Involuntary Termination: All employees of the City are considered “AT WILL” and may be terminated with or without cause absent prior notice regardless of any clause in this Policy Manual. The Department Supervisor, in conjunction with the Human Resources Officer, will prepare a Personnel Action Form indicating the employee’s date of Involuntary Termination which must be reviewed by the City Attorney and approved by the Mayor prior to termination. The document will be placed in the employee’s personnel file. All city owned property shall be returned to the City on their last day of work. The City of Eagle may take any action deemed appropriate to recover or protect its property. Employees who are involuntarily terminated from the City will be paid leave and Comp time balances in accordance with City policies. Layoff: The Mayor with the concurrence of the City Council, may lay off employees due to organizational changes, lack of funds or curtailment of work. Transfers may be made between classifications in order to retain the best qualified employees for the work available. The City will make every effort to give employees reasonable notice of intent to layoff. Department Supervisor, in conjunction with the Human Resources Officer, will prepare a Personnel Action Form indicating the employee’s lay off date which must be approved by the Mayor prior to layoff. The document will be placed in the employees personnel file. Employees who are laid off from the City will be paid any accrued Comp Time and unused PTO balance in accordance with City policies. 57 Reduction in Force (RIF): Employee assignments may be affected by Reductions in Force made due to economic conditions or to changes in staffing and workload. The City Council reserve the right to make any changes in work force or assignment of resources that it deems to be in the organization's best interests. The Department Supervisor, in conjunction with the Human Resources Office, will prepare a Personnel Action Form indicating the employee’s RIF date which must be approved by the Mayor as appropriate, prior to the RIF. The Human Resources Officer will file the Personnel Action Form in the employees personnel file. The City Council may also specify at the time reductions in force are made what reinstatement preferences may accompany the reductions. Said reinstatement preferences may be tied to the classification of the employee or to specialized skills possessed by the employee. Employees who leave City employment, due to a Reduction in Force, shall retain a first right to return in the event of work force rehiring for one (1) year from the date of their separation. Employees shall retain a preference only for the position they held at the time of Reduction in Force. Employees who are affected by Reductions in Force will be paid their unused PTO and Comp Time balances in accordance with City policies. The time the employee worked prior to the Reduction in Force will count towards the employee’s years of service when figuring their paid time off (PTO) if they are rehired. Job Abandonment: An employee who is absent from work for a period of three (3) working days without notifying their Department Supervisor of the reasons for their absence and without receiving permission to remain away from work shall be considered as having “Quit Without Notice” and not in good standing provided, however, that the failure to contact their Department Supervisor was not caused by unavoidable emergency circumstance. The official termination date will be the on the day following the third consecutive day with no notification. The Department Supervisor will prepare a Personnel Action Form indicating the date of the employee’s job abandonment which must be approved by the Mayor. The Human Resources Officer will file the Personnel Action Form in the employees personnel file. An employee who “Quit Without Notice” under these circumstances will be paid their unused annual leave balances in accordance with this Policy. Such an employee is not normally eligible for re-employment. Death of Employee: An employee who dies while in the City service shall be separated as of the date of death. Any salary due the employee and unused PTO and Comp Time balances will be paid to the estate of the deceased or as otherwise required by law. END OF PERSONNEL POLICY