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Employee Policy Manual

February 21, 2012
Background
Personnel Policies for Municipal Employees was last
  revised in March 1998. That was the only revision
  since the policies were written 30 years ago.

In 2009, the City Manager asked that an employee
   committee be appointed and work to rewrite/update
   the policies.

15 employees from 15 different divisions/departments
  participated on the committee.
Background
The work of the committee lasted in excess of 1 year.
  The draft was then created by HR, approved by the
  City Attorney and was presented to the City Manager
  for his approval in late 2011.

The new Employee Policy Manual was approved by the
  City Manager in January 2012.

Training for employees, supervisors, managers and
  department directors will occur later this year.
Background

According to the April 2009 Resolution, any employee
  policies that have or expect to have an increased
  financial impact on the City must be approved by the
  City Council.

The new policy manual includes 7 items that have or
  may have a financial impact. Those items are what
  will be discussed today.
1. Reasonable Suspicion Drug Testing

Current Policy = No provisions.

Proposed Policy = Follows the Drug-Free Workplace Act of 1988
   which is required by employers who receive any federal
   grants. The Act requires employers to make an ongoing,
   good faith effort to maintain a drug-free workplace by meeting
   the requirements of the Act.

Presently drug testing is performed on all new hires and
   randomly for City “safety sensitive” positions as defined by the
   DOT.
1. Reasonable Suspicion Drug Testing

While at work, each City employee has a responsibility to the
  public to deliver services in a safe, efficient, and
  conscientious manner. In order to perform a job in the safest
  manner possible, City employees must be able to work in a
  drug free environment and themselves be free from the
  affects of alcohol and other job impairing substances while on
  the job.
1. Reasonable Suspicion Drug Testing

• Reasonable suspicion drug testing costs $200/test.

• Currently $2600 is in the HR budget for drug testing
  (both DOT & reasonable suspicion).

• In the last 5 years, there have been 3 occasions
  where reasonable suspicion has been identified.
1. Reasonable Suspicion Drug Testing




              Discussion
2. Hiring Rates
Current Policy = No specific provisions, but current practice is
  everyone starts at the minimum of the range, unless directly
  related and documented work experience exists and the
  budget can sustain the increase. No guidelines for how to be
  consistent in paying for experience. Analysis is done on a
  case-by-case basis to ensure no compression with other
  existing employees in the department.

Proposed Policy = Establishes guidelines for hiring rates. 3%
   credit for each year of relevant experience up to 5 years (or
   15%) of the minimum. Requests above minimum must be
   approved by HR and funds must exist in the department’s
   budget. Any requests over 15% must be approved by the
   City Manager.
2. Hiring Rates




    Discussion
3. Call Back Pay

Current Policy = No provision for paying non-exempt
  employees for call back, only that they are paid for
  the work performed.

Proposed Policy = When called back to work, the first
  hour is made whole. Any incident exceeding one
  hour will be paid according to the length of time
  required to work, rounded to the nearest quarter
  hour.
3. Call Back Pay




    Discussion
4. Disaster Preparedness (Exempt Employees)

   Overtime paid to exempt employees by local governments is
     eligible for reimbursement in a federally declared disaster,
     provided local overtime rules are in place (before the disaster)
     and are applied consistently when disaster-related overtime
     occurs.

   This means a policy to pay exempt employees overtime must be
      consistently applied whether FEMA reimbursement is
      expected. Federal reimbursement for exempt employees is
      allowed for emergency protective efforts, debris removal and
      public infrastructure repair.
4. Disaster Preparedness (Exempt Employees)
   Current Policy = No provision. Exempt employees are not
     eligible for overtime or comp time.

   Proposed Policy =

   • Exempt positions grade 29 and below will be eligible for
     overtime or comp time for disaster hours worked outside of
     their normal 40 hour work week.

   • Exempt positions grade 30 and above receive comp time for
     hours over 40 and up to 50 hours during the work week.
     They will be paid straight time or comp time for hours worked
     over 50 hours during the work week.
4. Disaster Preparedness (Exempt Employees)




                  Discussion
5. Sick Leave Incentive Program

Current Policy = Sick Leave Buy-Back:
• City must have sufficient funding any given year, or
  buy-back is not offered;
• Participants must have 6 years minimum City
  seniority;
• Employees who have 90 days of sick leave may
  redeem up to 10 days of sick leave, minus any sick
  leave used during the year, so long as employee can
  maintain a balance of 90 days at time of redemption.
  Redemption is at 50% of their daily wage.
5. Sick Leave Incentive Program
Current Policy Continued:
• Employees who have 150 days of sick leave may
  redeem up to 20 days of sick leave, minus any sick
  leave used during the year, so long as employee can
  maintain a balance of 150 days at time of
  redemption. Redemption is at 50% of their daily
  wage.
• In 90 day scenario, employee can use 9 days of sick
  leave & still get a redemption; in 150 day scenario,
  employee can use 19 days & still get a redemption.
5. Sick Leave Incentive Program

Proposed Policy = Designed to reward non-exempt employees
   for good attendance by annually converting a portion of
   unused sick leave into vacation. Eligibility at one year of
   service. Annual conversion based on calendar year usage.
• 0 sick days taken = can convert up to 3 sick days into
   vacation.
• Up to 1.5 sick days taken = can convert up to 2 sick days into
   vacation.
• More than 1.5 sick days and up to 3 sick days taken = can
   convert 1 sick day into vacation.
• More than 3 sick days taken = no conversion allowed.
5. Sick Leave Incentive Program

For 2011:

• Under current program 200 employees were eligible for a total
  cost of $141,360.

• Under proposed program 275 employees would be eligible
   • 93 employees eligible for 3 days converted from sick to
     vacation
   • 85 employees eligible for 2 days converted from sick to
     vacation
   • 97 employees eligible for 1 day converted from sick to vacation.
5. Sick Leave Incentive Program




            Discussion
6. Funeral Leave
Current Policy = Limited to 3 emergency leave days per calendar year.
   Can be used for any personal emergency involving immediate
   family at the supervisor’s discretion. Emergency is defined as an
   unforeseen situation that calls for immediate action.
Proposed Policy = Is for funerals only, not other family emergencies.
   Vacation to be used in cases not involving death of immediate
   family.
• 5 consecutive days including weekends and holidays (2 days before
   the funeral, the day of the funeral and 2 days after funeral) for
   specified immediate family members.
• 3 consecutive days including weekends and holidays (day before
   the funeral, the day of the funeral and 1 day after funeral) for
   specified other family members.
• Provides for consistent policy application.
6. Funeral Leave
Immediate Family Definitions:
• Current Policy = spouse, mother, father, brothers, sisters,
  grandparents or child of the employee and persons close to the
  employee who are members of the employee’s household.

• Proposed Policy =
   • 5 days = spouse, domestic partner, father, mother, children,
     brother, sister, or any individual for whom the employee is the
     legal guardian.
   • 3 days = parent-in-laws, grandparent, great grandparent,
     grandchildren, son-in-law, daughter-in-law, sister-in-law,
     brother-in-law, step-parent, step-children, uncle, aunt, niece,
     nephew, step-brother, step-sister, half-brother, half sister.
6. Funeral Leave




     Discussion
7. Severance Pay
Applies only to reduction in force situations.

Current Policy =
    • 5/6 of a day for each month past 6th month up to 1 year
    • 1 year to 10 years = 2 weeks
    • Over 10 years = 4 weeks


Proposed Policy =
    • Probationary employees = 0 weeks
    • 1 year to 10 years = 2 weeks
    • Over 10 years = 4 weeks
7. Severance Pay




     Discussion
Other Policy Changes
Significant changes to existing policies without financial impact and
requested by policy review committee:

• Tobacco Free Workplace

• Dress Guidelines

• Gratuities

• LWOP – no leave accrued

• Discipline Policy

• Appropriate Notice of Resignation for Leave Payouts
Tobacco Free Workplace
• Aligns with Wellness Program

• Smokeless tobacco hazards involve many of the same chemicals
and poisons as smoking.

• Policy: Smoking, chewing, and dipping of any tobacco products
in any City-owned or leased building, facility, garage, or motor
vehicle and equipment is prohibited except in designated tobacco
use areas.
Dress Guidelines
• As a public service organization, most employees are in contact
with the public.

• Expected to dress in a manner that is appropriate to a business
environment & their specific position.

• Policy provides guidelines for appropriate business attire &
inappropriate attire.

• Addresses Casual Friday.

• Clothing must be clean and in good repair. Items must be gender
specific.
Gratuities
Previous Policy = No employee shall accept any gifts, free tickets,
passes, services or anything of material value, directly or indirectly
from any person, private firm or corporation, upon terms more
favorable than are granted to the general public.
New Policy aligns with Texas Penal Code:
• Employees are prohibited from soliciting or accepting any gift or
benefit with a value of more than $50.
• Unsolicited gifts valued at greater than $50 that are delivered or
arrive by mail must be donated to a recognized tax-exempt
charitable organization.
• Unsolicited gifts valued at less than $50 that are delivered or
arrive by mail must be placed in a common area of the department
and shared by all.
LWOP – No Leave Accrual
Previous Policy = Not addressed.
New Policy =
• Employees with zero hours in their vacation or sick leave balance
may request leave without pay (LWOP).

• For pay periods that contain LWOP, employees will not earn
vacation or sick leave hours.
Progressive Discipline
Previous Policy = Discipline Without Punishment (DWP). Does not
apply to Civil Service positions.
New Policy =
• Does not apply to Civil Service positions.

• Pursues a philosophy of “progressive discipline” by administering
gradually increasing disciplinary actions for each successive
instance of employee misconduct.

• 5 levels of discipline with specific infraction guidelines at each
level. Levels are: verbal notice, written warning, written reprimand
with 1 – 3 days suspension without pay, written reprimand with 4 – 5
days suspension without pay, and termination.
Appropriate Notice of Resignation for Leave Payouts
    Previous Policy = Appropriate notice is 2 weeks. Leave payouts are
    paid regardless of whether or not appropriate notice is given.
    New Policy =
    • Recognizes that inappropriate notice puts strain on the
    department.

    • Failure to provide 2 weeks notice of resignation (non-exempt, or
    3 weeks for exempt positions) disqualifies the employee from
    receiving sick, vacation and/or holiday leave payoffs.

    • Also jeopardizes their eligibility for rehire.

    • Comp time earned in lieu of overtime is not jeopardized by failure
    to submit appropriate notice of resignation.
Thanks to Policy Review Committee
              Marie Aguilar – Nursing
                Fred Barnett – Fire
           Bob Bluthardt – Fort Concho
                  John Eades – IT
      Patrick Frerich – Vehicle Maintenance
        Greg Gilbert – Utility Maintenance
          Art Goetz – Water Distribution
         Linda Gossett – Municipal Court
                Ed Kading – Police
       Jack Nalepka – Water Reclamation
            Alicia Ramirez – City Clerk
     Veronica Sanchez – Human Resources
                Bill Smith – Finance
              Teresa Special - Legal
        Don Vardeman – Fire Prevention

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City Council February 21, 2012 Policy Manual

  • 2. Background Personnel Policies for Municipal Employees was last revised in March 1998. That was the only revision since the policies were written 30 years ago. In 2009, the City Manager asked that an employee committee be appointed and work to rewrite/update the policies. 15 employees from 15 different divisions/departments participated on the committee.
  • 3. Background The work of the committee lasted in excess of 1 year. The draft was then created by HR, approved by the City Attorney and was presented to the City Manager for his approval in late 2011. The new Employee Policy Manual was approved by the City Manager in January 2012. Training for employees, supervisors, managers and department directors will occur later this year.
  • 4. Background According to the April 2009 Resolution, any employee policies that have or expect to have an increased financial impact on the City must be approved by the City Council. The new policy manual includes 7 items that have or may have a financial impact. Those items are what will be discussed today.
  • 5. 1. Reasonable Suspicion Drug Testing Current Policy = No provisions. Proposed Policy = Follows the Drug-Free Workplace Act of 1988 which is required by employers who receive any federal grants. The Act requires employers to make an ongoing, good faith effort to maintain a drug-free workplace by meeting the requirements of the Act. Presently drug testing is performed on all new hires and randomly for City “safety sensitive” positions as defined by the DOT.
  • 6. 1. Reasonable Suspicion Drug Testing While at work, each City employee has a responsibility to the public to deliver services in a safe, efficient, and conscientious manner. In order to perform a job in the safest manner possible, City employees must be able to work in a drug free environment and themselves be free from the affects of alcohol and other job impairing substances while on the job.
  • 7. 1. Reasonable Suspicion Drug Testing • Reasonable suspicion drug testing costs $200/test. • Currently $2600 is in the HR budget for drug testing (both DOT & reasonable suspicion). • In the last 5 years, there have been 3 occasions where reasonable suspicion has been identified.
  • 8. 1. Reasonable Suspicion Drug Testing Discussion
  • 9. 2. Hiring Rates Current Policy = No specific provisions, but current practice is everyone starts at the minimum of the range, unless directly related and documented work experience exists and the budget can sustain the increase. No guidelines for how to be consistent in paying for experience. Analysis is done on a case-by-case basis to ensure no compression with other existing employees in the department. Proposed Policy = Establishes guidelines for hiring rates. 3% credit for each year of relevant experience up to 5 years (or 15%) of the minimum. Requests above minimum must be approved by HR and funds must exist in the department’s budget. Any requests over 15% must be approved by the City Manager.
  • 10. 2. Hiring Rates Discussion
  • 11. 3. Call Back Pay Current Policy = No provision for paying non-exempt employees for call back, only that they are paid for the work performed. Proposed Policy = When called back to work, the first hour is made whole. Any incident exceeding one hour will be paid according to the length of time required to work, rounded to the nearest quarter hour.
  • 12. 3. Call Back Pay Discussion
  • 13. 4. Disaster Preparedness (Exempt Employees) Overtime paid to exempt employees by local governments is eligible for reimbursement in a federally declared disaster, provided local overtime rules are in place (before the disaster) and are applied consistently when disaster-related overtime occurs. This means a policy to pay exempt employees overtime must be consistently applied whether FEMA reimbursement is expected. Federal reimbursement for exempt employees is allowed for emergency protective efforts, debris removal and public infrastructure repair.
  • 14. 4. Disaster Preparedness (Exempt Employees) Current Policy = No provision. Exempt employees are not eligible for overtime or comp time. Proposed Policy = • Exempt positions grade 29 and below will be eligible for overtime or comp time for disaster hours worked outside of their normal 40 hour work week. • Exempt positions grade 30 and above receive comp time for hours over 40 and up to 50 hours during the work week. They will be paid straight time or comp time for hours worked over 50 hours during the work week.
  • 15. 4. Disaster Preparedness (Exempt Employees) Discussion
  • 16. 5. Sick Leave Incentive Program Current Policy = Sick Leave Buy-Back: • City must have sufficient funding any given year, or buy-back is not offered; • Participants must have 6 years minimum City seniority; • Employees who have 90 days of sick leave may redeem up to 10 days of sick leave, minus any sick leave used during the year, so long as employee can maintain a balance of 90 days at time of redemption. Redemption is at 50% of their daily wage.
  • 17. 5. Sick Leave Incentive Program Current Policy Continued: • Employees who have 150 days of sick leave may redeem up to 20 days of sick leave, minus any sick leave used during the year, so long as employee can maintain a balance of 150 days at time of redemption. Redemption is at 50% of their daily wage. • In 90 day scenario, employee can use 9 days of sick leave & still get a redemption; in 150 day scenario, employee can use 19 days & still get a redemption.
  • 18. 5. Sick Leave Incentive Program Proposed Policy = Designed to reward non-exempt employees for good attendance by annually converting a portion of unused sick leave into vacation. Eligibility at one year of service. Annual conversion based on calendar year usage. • 0 sick days taken = can convert up to 3 sick days into vacation. • Up to 1.5 sick days taken = can convert up to 2 sick days into vacation. • More than 1.5 sick days and up to 3 sick days taken = can convert 1 sick day into vacation. • More than 3 sick days taken = no conversion allowed.
  • 19. 5. Sick Leave Incentive Program For 2011: • Under current program 200 employees were eligible for a total cost of $141,360. • Under proposed program 275 employees would be eligible • 93 employees eligible for 3 days converted from sick to vacation • 85 employees eligible for 2 days converted from sick to vacation • 97 employees eligible for 1 day converted from sick to vacation.
  • 20. 5. Sick Leave Incentive Program Discussion
  • 21. 6. Funeral Leave Current Policy = Limited to 3 emergency leave days per calendar year. Can be used for any personal emergency involving immediate family at the supervisor’s discretion. Emergency is defined as an unforeseen situation that calls for immediate action. Proposed Policy = Is for funerals only, not other family emergencies. Vacation to be used in cases not involving death of immediate family. • 5 consecutive days including weekends and holidays (2 days before the funeral, the day of the funeral and 2 days after funeral) for specified immediate family members. • 3 consecutive days including weekends and holidays (day before the funeral, the day of the funeral and 1 day after funeral) for specified other family members. • Provides for consistent policy application.
  • 22. 6. Funeral Leave Immediate Family Definitions: • Current Policy = spouse, mother, father, brothers, sisters, grandparents or child of the employee and persons close to the employee who are members of the employee’s household. • Proposed Policy = • 5 days = spouse, domestic partner, father, mother, children, brother, sister, or any individual for whom the employee is the legal guardian. • 3 days = parent-in-laws, grandparent, great grandparent, grandchildren, son-in-law, daughter-in-law, sister-in-law, brother-in-law, step-parent, step-children, uncle, aunt, niece, nephew, step-brother, step-sister, half-brother, half sister.
  • 23. 6. Funeral Leave Discussion
  • 24. 7. Severance Pay Applies only to reduction in force situations. Current Policy = • 5/6 of a day for each month past 6th month up to 1 year • 1 year to 10 years = 2 weeks • Over 10 years = 4 weeks Proposed Policy = • Probationary employees = 0 weeks • 1 year to 10 years = 2 weeks • Over 10 years = 4 weeks
  • 25. 7. Severance Pay Discussion
  • 26. Other Policy Changes Significant changes to existing policies without financial impact and requested by policy review committee: • Tobacco Free Workplace • Dress Guidelines • Gratuities • LWOP – no leave accrued • Discipline Policy • Appropriate Notice of Resignation for Leave Payouts
  • 27. Tobacco Free Workplace • Aligns with Wellness Program • Smokeless tobacco hazards involve many of the same chemicals and poisons as smoking. • Policy: Smoking, chewing, and dipping of any tobacco products in any City-owned or leased building, facility, garage, or motor vehicle and equipment is prohibited except in designated tobacco use areas.
  • 28. Dress Guidelines • As a public service organization, most employees are in contact with the public. • Expected to dress in a manner that is appropriate to a business environment & their specific position. • Policy provides guidelines for appropriate business attire & inappropriate attire. • Addresses Casual Friday. • Clothing must be clean and in good repair. Items must be gender specific.
  • 29. Gratuities Previous Policy = No employee shall accept any gifts, free tickets, passes, services or anything of material value, directly or indirectly from any person, private firm or corporation, upon terms more favorable than are granted to the general public. New Policy aligns with Texas Penal Code: • Employees are prohibited from soliciting or accepting any gift or benefit with a value of more than $50. • Unsolicited gifts valued at greater than $50 that are delivered or arrive by mail must be donated to a recognized tax-exempt charitable organization. • Unsolicited gifts valued at less than $50 that are delivered or arrive by mail must be placed in a common area of the department and shared by all.
  • 30. LWOP – No Leave Accrual Previous Policy = Not addressed. New Policy = • Employees with zero hours in their vacation or sick leave balance may request leave without pay (LWOP). • For pay periods that contain LWOP, employees will not earn vacation or sick leave hours.
  • 31. Progressive Discipline Previous Policy = Discipline Without Punishment (DWP). Does not apply to Civil Service positions. New Policy = • Does not apply to Civil Service positions. • Pursues a philosophy of “progressive discipline” by administering gradually increasing disciplinary actions for each successive instance of employee misconduct. • 5 levels of discipline with specific infraction guidelines at each level. Levels are: verbal notice, written warning, written reprimand with 1 – 3 days suspension without pay, written reprimand with 4 – 5 days suspension without pay, and termination.
  • 32. Appropriate Notice of Resignation for Leave Payouts Previous Policy = Appropriate notice is 2 weeks. Leave payouts are paid regardless of whether or not appropriate notice is given. New Policy = • Recognizes that inappropriate notice puts strain on the department. • Failure to provide 2 weeks notice of resignation (non-exempt, or 3 weeks for exempt positions) disqualifies the employee from receiving sick, vacation and/or holiday leave payoffs. • Also jeopardizes their eligibility for rehire. • Comp time earned in lieu of overtime is not jeopardized by failure to submit appropriate notice of resignation.
  • 33. Thanks to Policy Review Committee Marie Aguilar – Nursing Fred Barnett – Fire Bob Bluthardt – Fort Concho John Eades – IT Patrick Frerich – Vehicle Maintenance Greg Gilbert – Utility Maintenance Art Goetz – Water Distribution Linda Gossett – Municipal Court Ed Kading – Police Jack Nalepka – Water Reclamation Alicia Ramirez – City Clerk Veronica Sanchez – Human Resources Bill Smith – Finance Teresa Special - Legal Don Vardeman – Fire Prevention