city council february 21, 2012 policy manual

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 ProgramCurrent 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 LeaveCurrent 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 ChangesSignificant 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.

GratuitiesPrevious 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 AccrualPrevious 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 DisciplinePrevious 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 PayoutsPrevious 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 CommitteeMarie Aguilar – Nursing

Fred Barnett – FireBob Bluthardt – Fort Concho

John Eades – ITPatrick Frerich – Vehicle Maintenance

Greg Gilbert – Utility MaintenanceArt Goetz – Water Distribution

Linda Gossett – Municipal CourtEd Kading – Police

Jack Nalepka – Water ReclamationAlicia Ramirez – City Clerk

Veronica Sanchez – Human ResourcesBill Smith – Finance

Teresa Special - LegalDon Vardeman – Fire Prevention