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RES NO 06-03-2020 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO. - b3 -2020 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION ADOPTING THE REVISED POLICY MANUAL GOVERNING CITY EMPLOYEES FOR THE CITY OF VAN BUREN, ARKANSAS, AND REPEALING THE EXISTING POLICY MANUAL;AND FOR OTHER PURPOSES. WHEREAS, it is necessary to update and revise the existing Employee Policy Manual for the City of Van Buren to conform to changes in law and policy;and WHEREAS, a copy of the revised Employee Policy Manual is attached hereto and all employees shall receive a copy of the revised policy manual. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The revised Employee Policy Manual for the City of Van Buren, Arkansas, attached hereto is hereby adopted an the existing Policy Manual dated July 2, 2001 is hereby repealed. All current employees shall receive a copy of the new policy manual. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt, by a vote of 5' for and Z) against,the foregoing Resolution at its regular meeting held on the 22nd day of June 2020. L Joseph '.Hurst Mayor ATTESTED: APP Do D AS TO FORM: 26411/0/150711a4.) C -.001111 Ph lhs ThomasC - • . Se City Clerk/Treasurer City Attoi, • 2020 City of Van Buren Personnel H DRAFT: 6/15/2020 TABLE OF CONTENTS PREFACE USING THIS HANDBOOK 7 A. Gender Statement B. Special Word About Uniformed Employees CHAPTER 1 GENERAL POLICIES 8 1.1 Purpose 1.2 Scope 1.3 Definitions 1.4 Amendments and Revisions 1.5 Distribution List CHAPTER 2 EQUAL EMPLOYMENT OPPORTUNITY 10 2.1 Equal Opportunity Employer 2.2 American With Disabilities Act 2.3 Unlawful Harassment and Discrimination §2.3.1 Policy §2.3.2 Prohibited Conduct Defined §2.3.3 Discrimination and Harassment Generally §2.3.4 Sexual Harassment 2.4 Complaint Reporting and Investigation §2.4.1 Complaint Procedures §2.4.2 Retaliation §2.4.3 False Accusations CHAPTER 3 GENERAL EMPLOYMENT POLICIES 14 3.1 At-Will Employer 3.2 Authority to Hire and Fire 3.3 Job Posting and Advertising 3.4 Employment Applications and Resumes 3.5 Post-Offer Pre-Employment Physicals 3.6 Fitness for Duty Exam 2 • 3.7 The Omnibus Transportation Employee Testing Act of 1991 3.8 Drug and Alcohol Testing § 3.8.1 Fitness for Duty §3.8.2 Notification 3.9 Genetic Information CHAPTER 4 COMPENSATION AND MATTERS AFFECTING EMPLOYMENT. . . . 17 4.1 Attendance 4.2 Work Hours 4.3 Unauthorized Work Time 4.4 Compensation §4.4.1 Reporting and Verifying Hours Worked §4.4.2 Payroll Records §4.4.3 Payroll Procedures and Payday §4.4.4 Withholding of Membership Dues §4.4.5 Situations in Which the City May Make Deductions from Pay §4.4.6 City Policy §4.4.7 What To Do If an Improper Deduction Occurs 4.5 Overtime and Compensatory Time §4.5.1 Overtime §4.5.2 Compensatory Time §4.5.3 Non-Exempt and Exempt Employees 4.6 Uniform Allowance §4.6.1 Uniform Allowance—Fire Department §4.6.2 Uniform Allowance—Police Department 4.7 Emergency Situations 4.8 Temporary and Seasonal Employees 4.9 Vacancies and Promotions 4.10 Training and Travel §4.10.1 Transportation §4.10.2 Lodging §4.10.3 Meals §4.10.4 Registration Fees §4.10.5 Miscellaneous Expenses §4.10.6 Spouse or Other Non-Employees §4.10.7 Travel Advance §4.10.8 Travel Expense Report 4.11 Performance Evaluations 4.12 Job Safety 4.13 Refusal to Work 4.14 Resignation/Termination 4.15 Job Descriptions 3 • CHAPTER 5 BENEFITS 26 5.1 Vacations § 5.1.1 Police Department § 5.1.2 Fire Department §5.1.3 Non-Uniformed Employees § 5.1.4 Scheduling Vacations 5.2 Holidays and Holiday Pay § 5.2.1 Police Department § 5.2.2 Fire Department 5.3 Inclement Weather 5.4 Sick Leave §5.4.1 Police Department § 5.4.2 Fire Department § 5.4.3 Non-Uniformed Employees 5.5 Funeral or Bereavement Leave 5.6 Maternity Leave §5.6.1 Nursing Mothers 5.7 Uniformed Services 5.8 Family Medical Leave §5.8.1 FMLA Eligibility § 5.8.2 Calculation of Leave § 5.8.3 Use of Paid Time off Benefits § 5.8.4 Intermittent or Reduced Leave § 5.8.5 Notification § 5.8.6 Leave Provisions for Spouses Both Working for the City § 5.8.7 Job Restoration § 5.8.8 Employee Benefits §5.8.9 Certification §5.8.10 Release to Return to Work § 5.8.11 Dispute Resolution 5.9 Leave for Witness or Jury Duty 5.10 Miscellaneous Leave 5.11 Employee Health Benefits 5.12 Occupational Injuries 5.13 Accidental Off-Duty Injuries 5.14 Catastrophic Leave Bank 5.14.1 Definitions 5.14.2 Eligibility Requirements for Catastrophic Leave 5.14.3 Donations of Leave to the Catastrophic Leave Bank 5.14.4 Catastrophic Leave Committee 4 5.14.5 Catastrophic Leave Bank Administration 5.14.6 Record Keeping 5.14.7 Prohibition of Coercion 5.15 Tuition Assistance 5.15.1 Eligibility 5.15.2 Acceptable Courses and Colleges/Universities 5.15.3 Approvals Required 5.15.4 Grade Letter Required for City Funded Tuition CHAPTER 6 STANDARDS OF CONDUCT 41 6.1 Communicating With the Public §6.1.1 Communicating On Behalf of the City §6.1.2 Handling Requests For Information Pursuant To FOIA §6.1.3 Handling Media Requests 6.2 Personal Communications 6.3 Uniforms and Personal Appearance 6.4 Guidelines for Appropriate Conduct 6.5 Absenteeism and Tardiness 6.6 Outside Employment or Moonlighting 6.7 Voting 6.8 Outside Compensation 6.9 Use of Narcotics,Alcohol and Tobacco 6.10 Drug-Free Workplace 6.11 Use of City Assets and Resources §6.11.1 Telephones §6.11.2 Computers and Other Technological Resources §6.11.3 Internet Access §6.11.4 Electronic Mail and Confidentiality §6.11.5 Removal of City Property §6.11.6 Use of Privately Owned Electronic Communication Equipment for Public Job Related Purposes 6.12 Waiver of Privacy 6.13 City Vehicles 6.14 Personal Cell Phone Usage 6.15 Political Campaigns 6.16 Disciplinary Action CHAPTER 7 MISCELLANEOUS INFORMATION 50 7.1 Policy Statement 7.2 Conflicts with Federal, State,or Local Laws 5 7.3 Severability 7.4 Policy Changes 7.5 Change of Address 7.6 Marital Status CHAPTER 8 FORMS 51 6 PREFACE USING THIS HANDBOOK A. GENDER STATEMENT Reference is made throughout this manual to the personal pronouns"his,""him"and"he."The use of these words is not intended to imply gender,and consequently,such references mean both male and female. B. A SPECIAL WORD ABOUT UNIFORMED EMPLOYEES The City of Van Buren did not attempt to develop separate sample handbooks for uniformed City employees and non-uniformed City employees.Uniformed Departments are governed by numerous Arkansas statutes, including Civil Service laws. Nothing in this handbook should be interpreted to conflict with or override state law. To the extent that any state law provides additional or different benefits or rights to uniformed employees, the provisions of this employee handbook shall be deemed to include those statements of law. ttli 11 7 CHAPTER 1 GENERAL POLICIES 1.1 PURPOSE This Personnel Handbook contains policies, practices and procedures that are necessary to implement and administer the City's personnel system. By adopting this Handbook, the City endeavors to achieve consistent treatment for all employees through the establishment of uniform guidelines and systematic procedures. This Handbook contains only general information and guidelines. It is not intended to be comprehensive or to address all the possible applications of, or exceptions to, the general policies and procedures described. For that reason, if you have any questions concerning eligibility for a particular benefit or the applicability of a policy or practice to you,you should address your specific questions to your supervisor. This Handbook does not represent an employment contract or any aspect of an employment contract and should not be construed as such. The City of Van Buren is an at-will employer under law and nothing in this handbook shall waive the City's at-will status. 1.2 SCOPE All employees of the City of Van Buren, Arkansas are subject to the application of the personnel policies and procedures described in this Handbook. 1.3 DEFINITIONS DESIGNATED CAREGIVER- Employee who has agreed to assist a physically disabled qualifying patient with the medical use of marijuana, and who has registered with the Department of Health under the Arkansas Medical Marijuana Amendment. EMPLOYEE-An individual who is compensated by and provides a service to the City regardless of the number of hours of work performed during any given time period or the length of the term of employment. The term "employee"shall not include any elected official, any voluntary, appointed member of any board, commission or authority, or any person performing services for the City on the basis of a service contract, retainer, or prescribed fee. EXEMPT EMPLOYEE-Employee who is not eligible for overtime or compensatory time as defined by the Fair Labor Standards Act(FLSA). FULL-TIME EMPLOYEE - Employee who is regularly scheduled to work in a position that has daily, weekly and monthly hours as established by the City Council for full-time work. IMMEDIATE FAMILY MEMBER - For purposes of this handbook,this shall mean mother,father,brother,sister, son,daughter,grandparents,son-in-law,daughter-in-law,spouse,spouse's parents, or those relatives who live in the employee's household,including"step"relatives.However,with respect to FMLA leave,"immediate family"means spouse,child,or parent—but not a parent"in-law"with a serious health condition. NON-EXEMPT EMPLOYEE - Employee who is eligible for overtime compensation or compensatory time off as defined by the Fair Labor Standards Act. 8 OVERTIME-Hours worked in excess of 40 hours during a regular work week. Overtime for police officers and fire fighters shall comply with state and federal law requirements and Department policy. PART-TIME EMPLOYEE - Employee who is regularly scheduled to work in a position whose daily,weekly,or monthly hours are less than the hours established for full-time employees. QUALIFYING PATIENT - Employee who has been diagnosed by a physician as having a qualifying medical condition and who has registered with the Department of Health under the Arkansas Medical Marijuana Amendment. SUPERVISOR-Person who has been designated to oversee other employees in a Department. TEMPORARY EMPLOYEE- An employee hired for an intermittent or specified period of time, for a season, for a job of limited duration or for a non-recurring work project. UNIFORMED EMPLOYEE — A member of the Police Department or Fire Department receiving a Uniform Clothing Allowance. WORK WEEK - Seven (7) day period beginning at 12:01 a.m. on Monday, except for police officers and firefighters and any other employees specifically excluded from this provision by the terms of this Handbook or Department policy. 1.4 AMENDMENTS AND REVISIONS This manual may be amended and revised periodically as necessary at the direction of the City Council. Since personnel practices and procedures are in a constant state of change,the City will continuously review this Handbook for amendments or revisions that might better serve the needs of the City and its employees. As such, this Handbook has been designed to be routinely updated and amended as the need arises. The City of Van Buren shall have the exclusive right to change,alter,delete,add or modify any provision of these personnel policies at any time,with or without notice.Final approval of all changes to the personnel policies shall be approved by action of the City Council.Changes made to these policies shall be communicated through standard communication channels and/or through revisions to this manual, however advance notice may not always be possible. This policy manual supersedes all previous manuals, letters, memoranda, resolutions, and understandings unless otherwise noted. 1.5 DISTRIBUTION LIST A copy of this manual and all subsequent revisions or amendments shall be distributed to all employees and elected or appointed City officials. 9 CHAPTER 2 EQUAL EMPLOYMENT OPPORTUNITY 2.1 EQUAL OPPORTUNITY EMPLOYER The City of Van Buren provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race; color; religion; sex; national origin; age; disability unrelated to job requirements; genetic information; political status; marital status; status as a veteran or member of the military or national guard; status as a qualifying patient or designated caregiver; or any classification or activity protected by the equal protection clause or other provision of the United States or Arkansas Constitution; in accordance with applicable federal, state, and local laws. The City's commitment in this regard extends to all employment-related decisions and terms and conditions of employment, including hiring, placement, promotion, termination, layoff, recall,transfer,leaves of absence,compensation,discipline and training. 2.2 AMERICAN WITH DISABILITIES ACT The City of Van Buren abides by the requirements of the Americans with Disabilities Act,The ADA Amendments Act, and state laws governing employment of individuals with disabilities. Qualified individuals with disabilities may be entitled to an accommodation in the application process and/or in the workplace. Any qualified individual with a disability who requires reasonable accommodation in the employment process and/or in the workplace shall notify the City Clerk. 2.3 UNLAWFUL HARASSMENT AND DISCRIMINATION 2.3.1 POLICY The City of Van Buren expressly prohibits its officials or employees from engaging in any form of unlawful harassment or discrimination, on grounds such as those listed in paragraph 2.1 of this policy or any other ground protected by state or federal constitutions or laws. Harassment or discrimination of any employee is a serious violation of City policy and will not be tolerated.Neither will workplace retaliation against someone for having complained of harassment. 2.3.2 PROHIBITED CONDUCT DEFINED For the purposes of this policy, "harassment" refers to an annoying, y g, persistent act or actions that single out an employee to that employee's objection or detriment,because of the employee's membership in any legally protected class or for some other trait the employee was born with(i.e.,race,color,religion,sex, national origin,age,genetic information,political status, marital status,or status as a veteran or special disabled veteran or the presence of any physical,mental,or sensory handicap). Harassment may be considered a violation of federal and/or state law. Employees should know that they should not participate in (and do not have to tolerate) the following types of protected class harassment regardless of whether the harasser is a co-worker,supervisor,citizen,or any other person with whom the employee's job brings him/her into contact: • Racial harassment • Harassment due to religion or views concerning religion • Harassment due to national origin • Sexual harassment(gender neutral) • 10 f. • Harassment due to age(of employees who are at least 40+years old) • Harassment because of disability or perceived disability • Harassment based on color • Harassment based on other protected categories in paragraph 2.1 of this policy. 2.3.3 DISCRIMINATION AND HARASSMENT GENERALLY Discrimination or harassment can take many forms and can include slurs,comments,jokes,innuendos,unwelcome compliments, pictures, cartoons, pranks, or other verbal or physical conduct, including but not limited to the following actions: • Verbal abuse or ridicule. This includes epithets, derogatory comments, slurs or unwanted sexual advances, unwanted sexual invitations,or negative comments because of the employee's protected class membership • Interference with an employee's work. This includes physical contact such as assault, blocking normal movement,or interferences with the work directed at an individual because of the employee's protected status • Displaying or distributing offensive materials.This includes derogatory or sexual posters,cartoons, emails,calendars,magazines,drawings,or gestures • Discriminating against any employee in work assignments or job-related training because of one of the above referenced bases • Unwanted,intentional physical contact,whether it be of a sexual or other nature; • Making protected status innuendos • Requesting favors (sexual or otherwise), explicitly or implicitly, as a condition of employment, promotion,transfer,or any other term or condition of employment • Gender based harassment, including sexual harassment and harassment based on pregnancy, childbirth,or related medical conditions; and/or • Retaliation for having reported harassment. Discrimination or harassment based upon a person's protected status is prohibited by federal and state anti- discrimination laws and violates City policy where it: • Has the purpose or effect of creating an intimidating,hostile,or offensive working environment • Has the purpose or effect of unreasonably interfering with an individual's work performance • Otherwise unreasonably and adversely affects an individual employment opportunity. 2.3.4 SEXUAL HARASSMENT Sexual harassment is illegal and is a serious form of misconduct. Sexual harassment of employees, any non- employees, and/or citizens with whom the City of Van Buren has a business, service, or professional relationship, including vendors and clients, is prohibited and will not be tolerated. The City of Van Buren is committed to maintaining a working environment,free from all forms of sexual harassment. Sexual harassment occurs when the verbal and physical conduct described above is sexual in nature or is gender-based, that is, directed at a person because of their gender. Sexual harassment does not refer to casual conversation or occasional compliments of a socially acceptable nature. Sexual harassment violates federal and state law and is prohibited under the City's harassment policy when: 1I • Submission to the conduct is either explicitly or implicitly a term or condition of employment • Submission to or rejection of the conduct is used as a basis for an employment decision affecting such individual;and/or • The conduct unreasonably interferes with the individual's job performance or creates a work environment that is intimidating,hostile,or offensive. Sexual harassment includes, but is not limited to: • Inappropriate physical contact including blocking of movement, brushing against the body, coercive sexual involvement, cornering, grabbing, hugging, kissing, patting, pinching, poking, stalking,any form of sexual assault,and touching • Inappropriate visual contact including leering, obscene gestures,and staring • Posting of sexually suggestive or derogatory pictures,cartoons,or drawings,even at one's individual work station • Unwelcome verbal behavior such as comments, suggestions,jokes, demeaning remarks, insults, requests,sexual innuendo,suggestive statements,slurs,or other derogatory remarks based on sex • Unwelcome or invasive flirting • Continued requests for dates and propositioning an individual; and/or • Unwanted sexual advances, requests or pressure for sexual favors and/or basing employment decisions(such as an employee's performance evaluation,work assignments,advancement)upon the employee's acquiescence to sexually harassing behavior in the workplace. 2.4 COMPLAINT REPORTING AND INVESTIGATION The City is committed to diligently enforcing its harassment policy by promptly and impartially investigating all complaints. When harassment is discovered,the City shall take appropriate disciplinary action,up to and including termination.The complaint procedure is designed to deal with complaints in a fair,discreet and timely manner to: • Determine if the conduct alleged in the complaint took place and constitutes harassment that violates federal and/or state law and City policy or constitutes harassment in the form of inappropriate or offensive behavior which violates City policy • Stop the offending behavior • Restore the complainant's working environment • Take steps to prevent retaliation and repetition of the harassment • Educate,sanction,or discipline the harasser consistent with the seriousness of the offense. 2.4.1 COMPLAINT PROCEDURES It is every employee's and official's responsibility to ensure that his or her conduct does not constitute harassment in any form. If,however,harassment or suspected harassment has or is taking place: 1. An employee must immediately report the harassment or suspected harassment, in writing,to the Department Head immediately. If the Department Head is the source of the alleged harassment, or is so closely associated with the source of the harassment that the employee does not feel comfortable reporting to that person,the employee may report the complaint to Mayor or City Clerk. 2. Employees have a responsibility to report harassment. Employees should not wait to report the harassment or discrimination until the acts become so pervasive or offensive that they create a hostile working environment. Employees should note that failure to report harassment creates a situation where a harassed employee's situation is much more likely to remain unresolved.The very worst thing for an employee to do 12 in a harassment situation is fail to report it. 3. If the complaint involves sexual harassment and the complaining employee prefers to speak with a person of the employee's same gender,the City will make every effort to accommodate that request. 4. Any supervisor or Department Head who learns of or receives a complaint of harassment through any means(including witnessing,overhearing,learning of a rumor,or otherwise becoming aware of alleged harassment in the workplace)is obligated to report it to the Department Head. 5. Each complaint shall be treated confidentially,and be fully investigated internally.A determination of the facts and an appropriate response will be made on a case-by-case basis. If it is determined that harassment has occurred,the City shall take appropriate corrective disciplinary action, which may include but is not limited to,verbal and/or written warnings,probation,suspension,demotion and/or termination. If the investigation does not find that harassment occurred or that the alleged incident(s) did not constitute harassment,the matter shall be referred back to the Department Head for further appropriate action.For example,if workplace misconduct may have occurred but not harassment,the Department Head shall determine the manner in which to act upon the findings set forth in the investigation report. 2.4.2 RETALIATION No employee shall be subject to any form of retaliation or discipline for pursuing a harassment complaint, and no witnesses shall suffer retaliation as a result of their involvement in the investigation.The City of Van Buren will not tolerate harassment or any form of retaliation against an employee who has either instigated or cooperated in the investigation of alleged harassment.Disciplinary action will be taken against those who are found to have violated the City's policy against such retaliation. 2.4.3 FALSE ACCUSATIONS Employees who have genuinely been subjected to harassment are encouraged to come forward and report it,so that the City can take action to stop the problematic behavior.This is because harassment is harmful to others and cannot be tolerated. Conversely, if false accusations are proven to have been intentionally made against others by an employee who knows(or has reason to know)that the allegations are false,this would be considered equally harmful by the City,and-as is the case of someone proven to be harassing others -would result in appropriate disciplinary action. 13 CHAPTER 3 GENERAL EMPLOYMENT POLICIES 3.1 AT-WILL EMPLOYER The City of Van Buren is an at-will employer. This means that the City of Van Buren or any of its employees may terminate the employment relationship at any time for any reason with the understanding that neither has an obligation to base that decision on anything but his or her intent to discontinue the employment relationship. No policies, comments, or writings made herein or during the employment process shall be construed in any way to waive this provision. This Handbook is not intended to create any contractual or other legal rights. It does not alter the City's at-will employment policy nor does it create an employment contract for any period of time. 3.2 AUTHORITY TO HIRE AND FIRE The Mayor of the City of the Van Buren makes all final decisions regarding the discipline and/or termination of all City employees other than the Police and the Fire Departments. 3.3 JOB POSTING AND ADVERTISING An application for employment will be accepted from anyone who wishes to apply for employment on forms provided by the City.Application forms are available in the office of the City Clerk,Mayor,and Police Department. All information provided on the application must be true and correct with the provision of false information being grounds for elimination of consideration for hiring and/or dismissal from City employment. In the event of a job opening, the position or positions open will be announced and posted in the local newspaper at least ten (10) days prior to the deadline for receiving applications. Copies of the job announcement will be distributed as appropriate to City Departments, to public and private employment agencies, local newspapers and other sources that might recruit applicants.Recruitment resources will be notified at least ten(10)days prior to the predetermined cut-off date for receiving applications. Applications for full-time City employment will not be accepted from anyone less than eighteen(18)years of age. Except, as otherwise provided by Arkansas law,the Mayor is authorized to make the final decision with respect to hiring new employees and promoting existing employees. Positions for police officer and firefighter are governed by Civil Service rules. 3.4 EMPLOYMENT APPLICATIONS AND RESUMES The City of Van Buren relies upon the accuracy of information contained in the employment applications and resumes submitted by prospective employees,as well as other information provided throughout the hiring process and employment.Any misrepresentations,falsifications,or material omissions in any of this information may result in the exclusion of the individual from further consideration for employment or, if the person has been hired, in termination or other disciplinary measures. 14 3.5 POST-OFFER PRE-EMPLOYMENT PHYSICALS Post-offer pre-employment physicals will be required for every applicant to be hired for the City in a permanent employment position. Such examinations shall be paid for by the City. The examinations shall be performed by licensed physicians selected by the Department Head. A summary report of the examining physician shall be provided to the Department Head as to whether the applicant can perform the job sought and what, if any, restrictions are necessary to determine any necessary work restructuring or accommodations. Although the physicians may make the medical determinations relative to physical/mental requirements of the job and any direct safety threat determinations, their determinations are only recommendations; final authority to hire rests with the City. Only in cases of emergency may an applicant begin work prior to the post-employment job offer medical examination,but employment is subject to the applicant's passing such examination. Reports and records of all physical, psychological and mental exams shall be kept in the offices of the physicians or mental health practitioners with only a summary report provided to the City Clerk to be kept in a confidential file apart from the individual's personnel file. The City may share such information only in limited circumstances with supervisors, managers, first aid and safety personnel, government officials investigating compliance with the ADA, state workers' compensation offices, state second injury funds, workers' compensation insurance carriers, health care professionals when seeking advice in making reasonable accommodation determinations, and for insurance purposes. Should there be a dispute concerning the exam, or should a supervisor be informed as to the need of reasonable accommodation including job restructuring,the report shall be made available to the necessary legal and supervisory or administrative personnel within the City Government. 3.6 FITNESS FOR DUTY EXAM Employees who due to mental or physical disabilities,are rendered unable to perform their essential job functions with or without reasonable accommodation or who pose a direct safety threat to themselves or others shall be subject to a fitness for duty examination. Based on the findings of the exam and other job restructuring factors, the Department Head shall take such action that is necessary to ensure that the requirements of the individual's position are satisfied. 3.7 THE OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT OF 1991 It is the City of Van Buren's intent to comply with all regulations and requirements of the Omnibus Transportation Employee Testing Act of 1991. City employees required to have a Commercial Driver's License (CDL) must comply with all regulations in the 1991 Omnibus Transportation Act.The Act requires alcohol and drug testing for all City employees whose jobs require a CDL. These tests include pre-employment, post-accident, random, reasonable suspicion,and return-to-duty and follow-up testing.The City of Van Buren will not permit an employee who refuses to submit to requisite testing to perform or continue to perform any activity that requires a CDL. All CDL drivers must obtain from the City of Van Buren the City's written substance abuse policy. CDL drivers are required to read this material and sign a statement acknowledging that they have received a copy of the City's Substance Abuse Policy. 011 15 3.8 DRUG AND ALCOHOL TESTING The City of Van Buren has a responsibility to ensure safe-working conditions for its employees and a productive city workforce unimpaired by chemical substance abuse. To satisfy these responsibilities,the city is committed to maintaining a work place that is free from the effects of drugs,alcohol,or other performance-impairing substances. All employees are expected to obey all laws regarding the use of illegal drugs or alcohol. The city prohibits the possession,unlawful manufacturing,distribution of illegal drugs or the abuse of alcohol or prescription drugs while on city premises during work hours. The City of Van Buren prohibits the possession,smoking,or otherwise use of medical marijuana on city premises. The City of Van Buren reserves the right to take action based upon the good faith belief that a qualifying patient was under the influence of marijuana while on the premises of the employer or during the hours of employment, provided that a positive test result for marijuana cannot provide the sole basis for the employer's good faith belief. This city's policy provides for testing for drug and alcohol abuse by employees who hold safety or security sensitive positions which otherwise are not covered by the controlled substance screen requirements of the Federal Motor Carrier Safety Regulation. "Safety sensitive" employees include any position in which the employees carries a firearm, including but not limited to all police officers,that perform life-threatening procedures, including but not limited to all firefighters, employees who work with confidential information or documents pertaining to criminal investigations,including but not limited to all detectives and supervisors of detectives within the Van Buren Police Department,employees that work with hazardous or flammable materials,controlled substances,food or medicine, and any employee in which a lapse of attention could result in injury,illness,or death,including without limitation a position that includes the operating, repairing, maintaining, or monitoring of heavy equipment, machinery, aircraft,motorized watercraft,or motor vehicles as part of job duties,including but not limited to Street Department employees. Any employee holding or offered a"safety sensitive"position shall immediately notify his supervisor,or in the case of an employee offered a position,the supervisor of the agency for which the employee has been offered a position, that the employee has a medical marijuana certification and provide a copy of the marijuana certification card to the supervisor or in the case of an employee offered a position,the supervisor of the agency for which the employee has been offered a position. Current users of medical marijuana are excluded from holding"safety sensitive"positions within the City of Van Buren when there is a good faith belief that the employee is engaged in the current use of marijuana. "Current use of marijuana"is presumed when an employee has a positive test result for marijuana. Any city employee who violates this substance abuse policy, or who is convicted of an alcohol or drug violation, will be subject to disciplinary action,up to,and including dismissal,as allowed by federal,state,and local laws. 3.8.1 FITNESS FOR DUTY Current abuse of drugs or alcohol is not a protected disability under the Americans with Disabilities Act(ADA). The City will not hire anyone who is known to currently abuse drugs or alcohol. Furthermore, all employees are expected to report to work in a fit condition to perform their duties.Employees on official business or representing the City on or off of the work place are prohibited from purchasing,transferring,using or possessing illegal drugs or from abusing alcohol or prescription drugs in any way that is illegal. 16 wok An employee reporting or returning to work whose behavior reflects the abuse of alcoholic beverages or drugs may be referred for a medical evaluation to determine fitness for work. Failure to report for an evaluation or follow the recommendations of the City will result in appropriate disciplinary action, including termination, as allowed by federal,state,and local laws. 3.8.2 NOTIFICATION As a condition of employment with the City, employees must abide by the terms of this drug and alcohol policy and report any conviction under a criminal drug or alcohol statute including DWI convictions for violations occurring on or off City premises. A report of a conviction shall be made within five(5)days after the conviction. Failure to report a conviction within the five(5)day period may result in disciplinary action, including immediate termination. 3.9 GENETIC INFORMATION The City shall not request or require genetic information from an individual or family member,except as specifically allowed by the Genetic Information Nondiscrimination Act of 2008 (GINA). In making any request for medical information,the City shall include the following language to the medical provider: "The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title 11 from requesting or requiring genetic information of an individual or family member of the individual,except as specifically allowed by this law.To comply with this law,we are asking that you not provide any genetic information when responding to this request for medical information. `Genetic information,' as defined by GINA,means,with respect to any individual,information about an individual's family medical history,the results of an individual's or family member's genetic tests,the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services." CHAPTER 4 COMPENSATION AND MATTERS AFFECTING EMPLOYMENT STATUS 4.1 ATTENDANCE Employees shall be in attendance at their work stations in accordance with the rules and regulations established by the Department Head. Regular and punctual attendance is an essential job duty for every employee with the City. 4.2 WORK HOURS Except for police officers and firefighters,the standard workweek shall consist of forty(40)hours per week within a seven day period,unless otherwise arranged by the Department Head to meet specific Departmental needs.Work hours for police and fire employees shall be in accordance with state statutes and Departmental regulations. The standard workday shall begin at 8:00 a.m. and end at 5:00 p.m. unless otherwise arranged by the Department Head to meet specific job needs.Departments may vary from this schedule based upon Departmental necessity.The standard workweek is Monday through Friday. Departments may vary employee's schedules based upon Departmental necessity.Flexible work arrangements are dependent on Departmental requirements and are left to the discretion of the Department Head. 17 The City reserves the right to adjust and change hours of work,days of work and schedules to fulfill its responsibility to the citizens of the City of Van Buren. In an emergency previously scheduled hours of work,days of work, and work arrangements may be altered at the discretion of the Department Head. Changes in work schedules will be announced as far in advance as practicable. Whenever possible, full-time employee work schedules shall provide a rest period (break) during each four-hour work shift. Reasonable time off for a meal will be provided. 4.3 UNAUTHORIZED WORK TIME Because of FLSA regulations, non-exempt employees are not to commence work prior to the scheduled starting time, work during their normal scheduled meal break, or work past the scheduled end of their shift without prior approval of their immediate supervisor. FLSA non-exempt employees who work unauthorized overtime hours will be subject to disciplinary action including but not limited to suspension without pay. 4.4 COMPENSATION 4.4.1 REPORTING AND VERIFYING HOURS WORKED It is each employee's responsibility to monitor and record an accurate status of the hours the employee works per payroll period to ensure that the employee is properly paid for time worked. All employees shall report their hours worked on the forms provided by the individual Department. It is the responsibility of each employee to properly complete a timesheet recording the time that the employee worked during every payroll period and to sign each time sheet. By signing the timesheet, each employee is verifying its accuracy. Signed and completed timesheets must be turned in as required to their supervisors for signatures. The Department Head or designated representative shall forward the same to the City Clerk in a timely manner to ensure that proper records are kept as to vacations,sick leave,hours worked, and overtime accrued and taken. 4.4.2 PAYROLL RECORDS The City Clerk shall keep and maintain a record of work attendance, vacation and sick leave earned, used and accrued.These records shall be available to the Department Head,and individual employees shall be able to inspect their own records during normal business hours as the requirements of the employee's work duties permit. 4.4.3 PAYROLL PROCEDURES AND PAYDAY Employees are paid twice monthly. When a holiday falls on a regular payday, employees will be paid on the last working day prior to the holiday. Each employee is responsible for monitoring the accuracy of each paycheck received.Any employee who believes that the employee's paycheck does not properly compensate the employee for all hours worked in a given payroll period should immediately report those concerns to their supervisor. 18 4.4.4 WITHHOLDING OF MEMBERSHIP DUES Upon receipt of a written request signed by a full-time municipal employee who is represented by a union or professional association,the City will withhold membership dues of the union or professional association from the salary of the employee.The withholding request shall be on a form provided to the employee by the City.The City will transmit all dues that are withheld under this section to the union or professional association representing the employee within five(5)days of the end of the pay period. A withholding initiated under this section shall be discontinued only upon receipt of a written notice of cancellation signed by the employee. 4.4.5 SALARY BASIS POLICY The FLSA is a federal law which requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section I3(a)(1) and Section I3(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than$684 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee's specific job duties and salary must meet all the requirements of the Department's regulations. 4.4.6 SITUATIONS WHERE THE CITY MAY MAKE DEDUCTIONS FROM PAY Deductions from pay are permissible when an employee is absent from work for one or more full days for personal reasons other than sickness or disability; for absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan,policy,or practice of providing compensation for salary lost due to illness;to offset amounts employees receive as jury or witness fees,or for military pay;for reimbursement of tuition assistance in accordance with the tuition assistance grade policy;or for unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions(see policies on penalties for workplace conduct rule infractions).Also, in the event a full pay period is not worked, the City is not required to pay the full salary in the initial or terminal week of employment; for penalties imposed in good faith for infractions of safety rules of major significance, or for weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act. In these circumstances, either partial day or full day deductions may be made to the extent allowed by law. 4.4.7 CITY POLICY It is our policy to comply with the salary basis requirements of the FLSA. Therefore, we prohibit all supervisors i'. from making any improper deductions from the salaries of exempt employees. fk 19 4.4.8 WHAT TO DO IF AN IMPROPER DEDUCTION OCCURS If you believe that an improper deduction has been made to your salary, you should immediately report this information to your supervisor or the City Clerk. Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, you will be promptly reimbursed for any improper deduction made. 4.5 OVERTIME AND COMPENSATORY TIME 4.5.1 OVERTIME The City will pay overtime in accordance with the Fair Labor Standards Act at one and half times the base rate or hourly rate for all hours worked in excess of the hours per week set forth in the WORK HOURS section of this Handbook.Overtime will be permitted only with prior approval of the Department Head prior to the commencement of such work or when absolutely necessary due to emergency conditions. Failure to obtain prior approval before working overtime will result in disciplinary action, including but not limited to suspension without pay. 4.5.2 COMPENSATORY TIME Compensation for overtime may be made in the form of compensatory leave time ("comp time")to the employee. Compensatory time is accrued at a rate of time and a half for all hours worked in excess of 40 hours per workweek, unless the employee is working in a classification with special overtime rules under FLSA(i.e.,police officers and firefighters). Upon termination of employment, any unused compensatory time is to be paid at a rate equal to time and one-half the employee's then-prevailing rate of pay. Each employee shall be responsible for maintaining accurate records of overtime hours worked. However, the overtime and compensatory records of the Department Head shall be final with respect to the number of compensatory leave days earned of an employee. Compensatory leave should be used in the same week that it is accrued. By signing the acknowledgement enclosed in this handbook, the employee and City agree that compensatory time may be given in lieu of overtime payments. In addition, it is understood that the City may substitute monetary payment at the rate of time and one-half for any outstanding compensatory leave time. 4.5.3 NON-EXEMPT AND EXEMPT EMPLOYEES Non-exempt employees are subject to the Fair Labor Standards Act (FLSA) overtime requirements and therefore • are subject to the overtime policies set forth in this Handbook. Exempt employees are not subject to the Fair Labor Standards Act overtime requirements. Certain employees are classified as exempt based upon the nature of the work, conditions of employment and by the criteria set forth in the rules and regulations of the Fair Labor Standards Act. Exempt employees shall not be eligible for overtime or comp time for hours worked in excess of the regular workweek. 4.6 UNIFORM AND EQUIPMENT ALLOWANCES Uniform and equipment allowances for the Van Buren Fire and Police Departments are necessary to properly serve, protect,and meet the emergency needs of Van Buren citizens. After one year of employment,uniformed employees of the Van Buren Fire Department and the Van Buren Police Department shall each receive a uniform and equipment allowance in the amount of up to$700(seven hundred dollars)per year. 20 4 4.6.1 UNIFORM ALLOWANCE—FIRE DEPARTMENT Uniformed employees of the fire department shall receive uniform allowances in quarterly payments of$175 (one hundred seventy-five dollars)each. 4.6.2 UNIFORM ALLOWANCE—POLICE DEPARTMENT Upon being hired, uniformed employees of the police department, shall be furnished with all uniforms and equipment necessary to perform his or her duties. Upon leaving the department,each employee shall be responsible for returning all equipment provided by the police department. After one year of employment, uniformed employees of the police department shall be entitled to an annual uniform and equipment replacement budget of up to$700(seven hundred dollars). Only items specified by the Chief of Police will be purchased,and a record of all purchases will be maintained by the Chief of Police. 4.7 EMERGENCY SITUATIONS It is the policy of the City to maintain hours of operation,which make the best use of employees and resources in serving the needs of the public. Emergency situations may from time to time necessitate the closure of City offices. Such situations shall be determined by the Mayor after consideration of all facts. Essential personnel required to be at work under emergency situations shall receive their normal rate of pay. At times it may become necessary to close individual offices due to limited staffing levels, special Departmental meetings, etc. Department closures shall be approved by the city council. Arrangements shall be made with other departments to handle any emergency situations during the department's closure. A skeleton crew shall remain in each department to cover phones and assist the public when at all possible. 4.8 TEMPORARY AND SEASONAL EMPLOYEES On occasion,the City may hire temporary or seasonal employees who are hired for a set duration(i.e., in the form of a seasonal employee,such as an employee hired for summer maintenance of the parks)or for a specific project. These employees are not intended to be employed on a regular basis and are employed at-will. Temporary employees may be hired full- or part-time and are paid for actual hours worked at a rate determined by the Department Head. Temporary,non-exempt employees are eligible for overtime for hours exceeding 40 hours per workweek, subject to all other overtime policies set forth in this Handbook. A temporary employee may be employed for up to six (6) months at which time the temporary status shall be reviewed before employment is continued. Unless otherwise authorized by the City Council,temporary and seasonal employees do not qualify for annual leave,sick leave or other City benefits. 4.9 VACANCIES AND PROMOTIONS It is the intent of the City of Van Buren to hire and promote the most qualified applicant for all vacant positions.To give the employees of the City of Van Buren an opportunity to apply for job vacancies, announcements of job openings will be posted.A job description of each vacant position will be provided upon request. The final decision regarding promotions shall be made by the Mayor upon the recommendation of the Department Head. Fire and police hiring and promotions are governed by the appropriate Civil Service regulations. 21 4.10 TRAINING AND TRAVEL The City recognizes the need to develop and update the working skills and knowledge of its employees as an integral part of maintaining a progressive environment in the workplace. Therefore, this policy establishes procedures governing the eligibility for payment of expenses incurred by City employees traveling and/or training on official business. The policy outlines the procedures to follow in requesting approval of travel and training related items, including travel advances and reimbursement of travel related expenses incurred by the employee. The final responsibility for defining the policy regulating official travel and the rates allowable for approved travel and training expenses rests with the Mayor. These definitions and rate allowances will be defined or changed as deemed appropriate by the Mayor or his designee. The Department Heads are responsible for dissemination and implementation of these policies and procedures to all employees. The Office of the City Clerk ensures conformity to the procedures prescribed herein.Normal audit guidelines will be applied to establish conformance among City Departments. In order to afford employees maximum flexibility in the accomplishment of their assigned tasks,the City of Van Buren will pay travel and training expenses directly related to official business in accordance with the policies stated herein as approved by the Department Head or, in the case of Department Heads,by the Mayor. Department Heads must approve all requests for official travel prior to the employee's departure whenever possible. The Department Head will evaluate the impact of travel requests against factors including budget availability,job relatedness of traveler's activities and other program considerations. 4.10.1 TRANSPORTATION Airline Transportation. Airline ticket payment will be made for actual coach costs.Vendors will be paid directly, e.g., airlines, travel agents, etc. Reimbursement to an employee due to use of a personal credit card will not be honored without the pre-approval of the Mayor or his or her designee. An airline voucher received by rescheduling a flight due to over booking is the property of the City and must be submitted to the City for future travel arrangements. Transferring tickets is not allowed. FAA regulations state the tickets must be issued in the traveling employee's name. Air travel accommodations should be made to take advantage of savings offered by airline companies whenever feasible. Private Vehicle. The City will reimburse an employee for travel in a private vehicle which occurs beyond the City limits and a City vehicle is not available.Reimbursement will be made on a per mile basis at the rate established in the non-uniformed annual pay ordinance. Trip distances will be computed based upon the most reasonable direct route using roadways as classified as state, federal or interstate highways and using state highway maps or an on- line map service.Additionally,mileage for over the road trip distances will be reimbursable for necessary travel in and around the destination city. In instances when an employee is reimbursed by a third-party,the employee will not be eligible for reimbursement by the City. Personal vehicle. Mileage reimbursement will not exceed the lowest coach airfare available at the time of the travel request, nor will food or lodging expense be for more than one (1) day of travel time to and from the destination city. When two(2) or more employees travel in the same vehicle, only one(1)vehicle reimbursement will be made. Sharing of the same vehicle is expected and exceptions must be made in advance of the travel date by the Mayor or his or her designee. 22 Employees will not be reimbursed for any fines for traffic violations, parking tickets or the cost of repairs, breakdowns or accidents. The employee is responsible for providing his/her own liability insurance coverage as well as any other costs associated with operating his/her personal vehicle. City Vehicle. The employee will be reimbursed for actual cost of repairs,gas,oil,tolls,etc.Original receipts must be provided. If deemed necessary,the Department Head may authorize an employee to take a City vehicle home the night before a scheduled trip and/or return the City vehicle the day following the return date of the scheduled trip. Rental Vehicles. If a rental vehicle is necessary,approval for such an expense must be made prior to the travel date by the Department Head. Actual costs of mid-sized vehicles rented from recognized car rental agencies including fuel costs and insurance are reimbursable with original receipts.Where more than four(4)employees are traveling to the same destination,reimbursement for actual costs of renting an appropriate vehicle will be allowed. Ground transportation, such as taxis, shuttles, etc., will be reimbursed at actual cost upon submittal of original receipts with the travel expense report form. Parking fees incurred on the trip should be accounted for in the transportation costs of the trip. Reimbursement for parking fees will be made if original receipts are included with the travel expense report. If an unattended hourly parking lot is used,the employee will subin it this fact with the travel expense report and may be reimbursed for the actual cost. 4.10.2 LODGING The City will reimburse for a single room rate,taxes and phone calls made on behalf of the City,with actual receipts, where it is reasonably expected that a prudent traveler could not return to his/her residence. The most economical lodging consistent with the purpose for the travel and training will be used. Personal expenses such as in-room movies, personal phone calls, laundry, snacks, etc., are not eligible for reimbursement.However,the City will reimburse for in-room phone activation or connection charges. Hotels may require a personal credit card upon check-in for incidentals. 4.10.3 MEALS A per diem meal allowance, will be provided in accordance with the established rates. In cases where a meal is provided by the attended function or other party,the allowance will not be paid for that meal. By receiving a per diem for applicable meals, an employee is not required to present actual receipts upon reconciliation of the travel expense report. Department Heads may reduce the per diem meal allowances on a per trip basis. A copy of the registration form indicating meal provisions,or the lack thereof must be attached to the travel advance,as applicable, and the travel expense form. Breakfast or dinner allowances are not provided for travel with an initial departure time later than 8:00 a.m. or a final return time earlier than 6:00 p.m.,respectively.For example,if an employee departs for a trip at 8:30 a.m.and returns at 4:30 p.m.,then the per diem meal allowance is limited to the approved lunch per diem.Lunch allowances for travel within the City limits are provided only upon approval by the Mayor. Reimbursement(per diem) for meals for travel that does not require an overnight stay is allowed only when the travel is for business purposes required for the employee's position and a meal is not provided during the training or meeting. The City will not reimburse the costs of alcoholic beverages. Approval in writing by the Mayor or his or her designee is required to provide reimbursements for allowances over the stipulated amounts.Actual meal receipts must be provided in such cases. 23 4.10.4 REGISTRATION FEES It is the City's policy to prepay registration fees by a separate remittance for all conferences,seminars and meetings attended by City employees,unless alternative measures are approved. When early registration fee schedules are available,the employee should attempt to obtain these early fee discounts. 4.10.5 MISCELLENANEOUS EXPENSES Receipts for all other miscellaneous expenses,e.g.,manuals,tapes,publications,supplies,etc.,must be submitted with the travel expense report. Leisure activities with charges separate from the registration fees are not reimbursable. 4.10.6 SPOUSE OR OTHER NON-EMPLOYEE EXPENSES It is the City's policy that all expenses incurred on behalf of an employee's spouse or other non-employee accompanying the traveler will not be provided by the City. All such expenses must be segregated from the employee's expenses.These costs include registration fees,transportation,meal expense and the difference between a single occupancy lodging rate and the actual occupancy lodging rate. If an employee combines business travel with personal travel on the same trip,only those expenses incurred by the employee for business purposes will be eligible for reimbursement. In other words, reimbursement will be made for those expenses incurred on behalf of the employee as if the travel were for business purposes only. 4.10.7 TRAVEL ADVANCE Advance payment for travel expenses will be made only in extenuating circumstances, to be approved by the Mayor. In order to receive a travel advance, a completed form approved by the Department Head must be submitted to the Office of the City Clerk no later than ten(10)work days prior to departure. The travel advance must include the purpose,destination,dates of travel and an estimate of expense amounts. The approval by the Mayor for any travel advance is required prior to check release. The check for the advance will be made payable to the City employee named as the requesting party. Once the check is received by the employee,the employee is solely responsible for the accounting of advanced funds.Only one(1)employee may be designated on each travel advance. All travel advances must be reconciled on a travel expense report form within two(2)weeks of the return date. Failure to reconcile a travel advance within this time period will constitute authorization for the entire advance to be withheld from the requesting employee's next pay check following this time constraint.If the travel is partially reconciled,only the unreconciled portion of the advance will be withheld and the employee may, within one(1) week from the withholding,complete the reconciliation and the withheld sum will be refunded.Thereafter,there will be no right to reconcile and claim a refund of any withheld sum. 4.10.8 TRAVEL EXPENSE REPORT A travel expense report form must be completed for all travel and training expenses incurred by an employee within two(2)weeks of the return date whether an advance is provided or not. Reimbursement requests beyond the two (2)week time period must be approved by the Mayor. If an amount is due the City,a check or money order must be provided with the report.Cash is not acceptable. If a meal was provided with the registration fee, charged to a City credit card,or included on another employee's report form,please so note on the travel expense report form. 24 .r► Any employee traveling for City business will be required to attach a copy of the program schedule for the class/seminar/symposium/conference attended to validate any meals provided as part of the registration. 4.11 PERFORMANCE EVALUATIONS All employees will participate in a performance review session,at least annually,with their supervisor.This review is intended to provide support for the individual; to improve the performance of the individual by providing meaningful,constructive feedback on the adequacy of performance;and to assist in the development and fulfillment of professional growth goals and job responsibilities. Formal and documented reviews, as well as casual and undocumented discussions with your supervisor, will be a part of your performance evaluation.To the extent practicable,evaluations will be based on the direct supervisor's direct observations of each employee's performance,the quality and quantity of each employee's performance,and any additional efforts undertaken by the employee. Your signature on formal review forms will serve as notice that the review has taken place and not whether you agree or disagree with the contents.Completed formal evaluation forms will be placed in the employee's personnel file. Please note that a performance evaluation does not necessarily mean a salary adjustment. 4.12 JOB SAFETY The City of Van Buren strives to provide a healthy and safe working environment. Safety is largely the use of good judgment and careful work habits. If an employee is unsure of how to perform a task safely, he should ask his supervisor or Department Head for the correct method. Unsafe conduct constitutes misconduct.The following safety rules should always be observed: • Follow all Departmental safety rules • Use all mechanical safeguards on or for employee equipment • Immediately cease using and report any faulty or potentially faulty equipment to the supervisor or Department Head • Immediately report any unsafe or potentially unsafe working condition or equipment • Immediately report any and every accident to the supervisor or Department Head. Violence or threats of violence are strictly prohibited and, if confirmed,may be grounds for immediate termination. Examples of such conduct include harassing or threatening phone calls, emails, written correspondence or other communication directed towards an employee or his or her friends/family members; stalking; and the destruction of personal and/or City property. Dangerous items of any nature such as weapons,explosives,or firearms will not be permitted in buildings, owned and maintained by the city,or on an employee's person while conducting offsite city business unless the employee is a law enforcement officer or a security guard employed by a state agency, or a city or county, or any state or federal military personnel. Further, no dangerous items are allowed on any part of a detention facility, prison, or jail,including parking lots. If an employee is undergoing disciplinary proceedings,or is terminated and must return to work for any reason,the employee shall neither possess nor store the dangerous items on the employee's person or in the employee's vehicle. Of course,theft of any kind will not be tolerated. 25 4.13 REFUSAL TO WORK A City employee's commitment is to public service. Any work stoppage, slowdown, strike or other intentional interruption of the operations of the City shall cause the employee to forfeit his or her employment and result in the termination of the employee from the City of Van Buren,as allowed by federal,state,and local law. 4.14 RESIGNATION/TERMINATION Employees who wish to terminate their employment with the City of Van Buren are urged to notify the City at least two (2) weeks in advance of their intended termination. Such notice should preferably be given in writing to the employee's Department Head or supervisor. Although not required, proper notice generally allows the City sufficient time to calculate all final accrued monies due the employee for his or her final paycheck.Without adequate notice however, the employee may have to wait until after the end of the next normal pay period to receive such payments. Employees who plan to retire are urged to provide the City with a minimum of two (2) months notice. This will allow ample time for the processing of appropriate pension forms to ensure that retirement benefits to which an employee may be entitled commence in a timely manner. All employment relationships with the City of Van Buren are on an at-will basis. Thus, although the City of Van Buren hopes that the relationship with employees are rewarding, the City reserves the right to terminate the employment relationship of any employee at any time. 4.15 JOB DESCRIPTIONS It shall be the responsibility of the Department Head to maintain a job description on file for each position in the Department. The job description should include scope of responsibility,typical duties, qualifications, knowledge, skills and abilities,physical demands and environment,and an employee acknowledgment. CHAPTER 5 BENEFITS 5.1 VACATIONS All vacation leave will accrue on the first day of each month. New employees will begin accruing vacation leave on the first day of the first full month of employment. 5.1.1 POLICE DEPARTMENT All uniformed employees of the Police Department shall accumulate vacation time at a rate of 10 hours for each month of working service(15 days/3 weeks annually). A working day is defined for the purpose of this section as eight(8)hours, regardless of the length of shift typically worked by the employee. After ten(10)years of service, all uniformed employees shall accumulate vacation time at a rate of 13.34 hours for each month of working service (20 days/4 weeks annually). 26 Annual leave with pay may be accrued from year to year to a total not to exceed twenty-days (160 hours). No employee shall be given annual leave in excess of that amount currently due, based on his monthly rate of accumulation,in addition to any vacation time carried over from previous years. All uniformed Police Department employees,upon separation from the City,shall be paid for the amount of earned unused annual leave not to exceed twenty-days (160 hours). No uniformed employee will be authorized to take more than two-weeks continuous vacation without written approval from the Chief of Police and Mayor. For the purpose of this section, a uniformed employee within the police department is defined as someone who receives a paid clothing allowance from the City. 5.1.2 FIRE DEPARTMENT Pursuant to Ark. Code Ann, § 14-53-107,each employee of the Fire Department shall be granted a minimum accrual of an annual vacation of not less than fifteen(15)days with full pay. Employees of the Fire Department with less than ten(10)years of service shall accumulate vacation time at a rate of fifteen(15)hours for each month of working service.The Chief shall require all employees to take their vacations and ensure that all employees of the Fire Department take all vacation time necessary to remain at allowable carryover of two-hundred forty(240)hours.A shift is defined in this section as twenty-four(24)hours.This is the length of a shift typically worked by the employee. Employees of the Fire Department with ten(10)years or more of service shall accumulate vacation time at a rate of twenty(20)hours for each month of working service.The Chief shall require all employees to take their vacations and ensure that all employees of the Fire Department take all vacation time necessary to remain at allowable carryover of two-hundred forty(240)hours.A shift is defined in this section as twenty-four(24)hours.This is the length of a shift typically worked by the employee. Staff employees of the Fire Department with less than ten(10)years of service shall accumulate vacation time at a rate of ten(10)hours for each month of working service(15 days/3 weeks annually). A working day is defined for the purpose of this section as eight (8) hours. Staff employees with ten (10) years or more of service shall accumulate vacation time at a rate of 13.34 hours for each month of working service(20 days/4 weeks annually). The Chief shall require all employees to take their vacations and ensure that all employees of the Fire Department take all vacation time necessary to remain at the allowable carryover of two-hundred forty(240)hours. All Fire Department uniformed employees,upon separation from the City, shall be paid for the amount of earned unused annual leave not to exceed 240 hours. No credit will be given upon termination unless the uniformed Fire Dept.Employee has completed six(6)months of service. No uniformed employee will be authorized to take more than two weeks continuous vacation without written approval from the Fire Chief and Mayor. 5.1.3 VACATION TIME FOR NON-UNIFORMED EMPLOYEES Vacation time is granted to all employees from their starting date of employment with the City of Van Buren. Eligible employees,new and up to five(5)years of employment, shall receive 6.67 hours of vacation per month. After five(5)years of employment,non-uniformed employees will receive ten(10)hours of vacation per 27 month. After fifteen(15)years of employment, non-uniformed employees will receive 13.333 hours of vacation per month. Annual leave with pay may be accrued from year to year to a total not to exceed twenty days (160 hours). No employee shall be given annual leave in excess of that amount currently due, based on his monthly rate of accumulation,in addition to any credit carried over from previous years. All permanent full-time employees,upon permanent separation from the City,shall be paid for the amount earned unused annual leave not to exceed twenty days (160 hours). No credit will be given upon termination unless employee has completed six (6) months of service. An employee shall not be authorized to take more than two weeks continuous vacation without written approval of the Department Supervisor and Mayor. Non-Uniformed employees may begin using vacation time after six full months of employment. A week is defined as five working days(40 hours). 5.1.4 SCHEDULING VACATIONS Each full-time employee may take accrued vacation with full pay at such time as is mutually agreed upon between the employee and their supervisor.All vacation leave must have the advance approval of the employee's supervisor, so that the leave fits in to the overall scheduling of the Department.Employees should notify their Department Heads at least 14 days(or in accordance with Department policy)in advance of being absent for vacation time.The permissible number of employees taking vacation any one time will be governed determined by the Department Head based upon Departmental workloads.The City reserves the right to alter vacation schedules. Approval of vacation leave requests falls under the discretion of the Department Head or designated supervisor.The Department Head or designated supervisor evaluates each request on a case-by-case basis and determines approval based on the timeliness of the request and the Departmental needs.Maximum vacation leave to be taken at any one time is two weeks,unless advance approval is granted by the Department Head. 5.2 HOLIDAYS AND HOLIDAY PAY All holiday leave will accumulate on the first day of each month for uniformed employees. New uniformed employees will begin accruing holiday leave on the first day of the first full month of employment. The City of Van Buren will publish a holiday schedule for the subsequent year in December of each year based on the State schedule.The City reserves the right to change observance of any published holiday. The appropriation made by the City Council for salaries shall include additional pay for holidays for all agents, servants, and full-time employees of the City,including,but not limited to,uniformed employees,as provided for by the laws of the State of Arkansas. HOLIDAY DAY/DATE New Year's Day January 1 Martin Luther King,Jr.Day Third Monday in January George Washington's Third Monday in February Birthday or Presidents' Day Memorial Day Last Monday in May Independence Day July 4 28 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November The Day After Thanksgiving Fourth Friday in November Christmas Eve December 24 Christmas Day Decemher 25 5.2.1 POLICE DEPARTMENT All uniformed employees of the Police Department shall accumulate holiday time at a rate of 6.67 hours for each month of working service(10 days/2 weeks annually).A working day is defined for the purpose of this section as eight(8)hours,regardless of the length of shift typically worked by the employee. Holiday leave with pay may be prorated from year to year,with a carryover not to exceed ten-days(80 hours).All uniformed employees, upon separation from the City, shall not be paid for unused holiday time. Therefore, all uniformed employees of the Police Department are encouraged to utilize all holiday time on an annual basis. For the purpose of this section,a uniformed employee is defined as someone in the police department who receives a paid clothing allowance from the City. The administration of the Police Department will not accumulate holiday time on a monthly basis and will take time off on the actual designated City Holidays as all other non-uniformed City employees. For the purpose of this section,Police Department administration will be defined as a uniformed employee with the rank of Lieutenant or higher. 5.2.2 FIRE DEPARTMENT Employees of the fire Department shall accumulate holiday time at a rate of ten (10) hours for each month of working service(five(5)working days).A working day is defined for the purposes of this section as twenty-four 24 hours,the length of a shift typically worked by the employee. Holiday leave with pay may be prorated from year to year to a total not to exceed ten (10) days. All uniformed employees, upon separation from the City, shall not be paid for unused holiday time. Therefore, all uniformed employees of the Fire Department are encouraged to utilize all holiday time on an annual basis. The staff personnel of the Fire Department will not accumulate holiday time on a monthly basis and will take time off on the actual designated City Holidays as all other non-uniformed City employees. 5.2.3 NON-UNIFORMED All non-uniformed employees will not accumulate holiday time on a monthly basis and will take time off on the actual designated City Holidays. 29 5.3 INCLEMENT WEATHER In the event City offices are open but a non-essential employee is unable to report to work due to inclement weather conditions,the employee may elect to use vacation or accrued comp time.The employee must report their absence to their immediate supervisor to remain in pay status for any such absence. Failure to report your absence could result in disciplinary action,up to and including termination. The decision regarding inclement weather will be communicated in accordance with Department policy. Essential personnel are those employees who are required to provide mandatory services, and who must be on the job regardless of weather conditions. Department Heads will ensure that those employees designated as essential services for their Department are aware of this designation and understand that they are required to report to or remain at work. 5.4 SICK LEAVE All sick leave will accrue on the first day of each month. New employees will begin accruing sick leave on the first day of the first full month of employment. An employee may be eligible for sick leave for the following reasons: • Personal illness or physical incapacity • Quarantine of an employee by a physician or health officer • Illness or injury in the employee's immediate family, (as defined in the definition section of this policy),which requires the employee's presence • Necessity of medical or dental care, including medical,dental,psychological and optical visits. 5.4.1 POLICE DEPARTMENT All uniformed employees of the Police Department shall accumulate sick leave at the rate of 13.34 hours per month. Sick leave maximum of 720 hours may be carried over at end of year. A uniformed employee who is unable to report for work due to reasons set forth in Section 5.4 herein shall report the reason for their absence to the employee's supervisor or someone acting for the employee's supervisor at least two(2)hours before the time the employee is expected to report to work. Sick leave with pay may not be allowed unless such report has been made as aforementioned. A uniformed employee who is absent for more than three(3)consecutive days/shifts due to illness or injury shall be required by the supervisor or Department Head to submit a physician's statement. Employee absent from employment due to illness or injury and under a physician's care shall be requested to present a certificate or release to the supervisor or Department Head before returning to work. A uniformed employee who uses all of their accrued sick leave shall thereafter be placed on an inactive, without- pay status,except as required to provide a reasonable accommodation as required by the Americans with Disabilities Act. A uniformed employee may use earned sick leave while receiving workers'compensation benefits only to the extent that the leave augments the employee's compensation benefit to the amount equal to that employee's regular rate of pay.Additional leave may be addressed by the Catastrophic Leave Committee. 30 If,at the end of his/her term of service,upon retirement or death,whichever occurs first,any uniformed employee has unused accumulated sick leave,he/she shall be paid for the sick leave at the regular rate of pay in effect at the time of retirement or death. Payment for unused sick leave in case of a uniformed employee, upon death or retirement, shall not exceed ninety(90)days as authorized by Ordinance. Uniformed employees will not be paid for accrued sick days upon termination from the City. For all uniformed employees hired on or after July 1,2001,"retirement"for the purpose of this section is defined as such time that the uniformed employee is eligible to receive retirement benefits. Unused accumulated sick leave shall not be used for the purpose of computing years of service for retirement purposes. For the purpose of this section, a uniformed employee is defined as someone within the police department who receives a paid clothing allowance from the City. 5.4.2 FIRE DEPARTMENT In accordance with Ark.Code Ann. § 14-53-108,all firefighters shall accumulate sick leave at the rate of fifteen(15)24-hour working days per year beginning with the date of employment and decreasing to twelve (12)24-hour working days beginning four(4)years after employment. If unused,sick leave shall accumulate to a maximum of one hundred(100) 24 hour days. Unused accumulated sick leave shall not be used for the purpose of computing years of service for retirement purposes. Time off may be charged against accumulated sick leave only for the days that a firefighter is scheduled to work. No sick leave as provided in this section shall be charged against any firefighter during any period of sickness, illness, or injury for any days that the firefighter is not scheduled to work. A uniformed employee may use earned sick leave while receiving workers'compensation benefits only to the extent that the leave augments the employee's compensation benefit to the amount equal to that employee's regular rate of pay.Additional leave may be addressed by the Catastrophic Leave Committee. If at the end of his or her term of service, upon retirement or death, whichever occurs first, any firefighter having unused accumulated sick leave,he or she shall be paid for this sick leave at the regular rate of pay in effect at the time of retirement or death. For all uniformed employees on or after July 1, 2001 "retirement"for the purpose of this section is defined as such time that the uniformed employee is eligible to receive retirement benefits. Unused accumulated sick leave shall not be used for the purpose of computing years of service for retirement purposes. Payment for unused sick leave in the case of a firefighter, upon retirement or death, shall not exceed ninety (90) days as authorized by Ordinance. Uniformed employees will not be paid for accrued sick days upon termination from the City. 5.4.3 NON-UNIFORMED EMPLOYEES All non-uniformed employees shall accumulate sick leave at the rate of 13.34 hours per month. Sick leave may be accrued from year to year,with a maximum carry-over not to exceed 720 hours. Non-uniformed employees may begin using sick leave after 3 full months of employment. An employee who is unable to report for work due to one of the reasons set forth in Section 5.4 herein shall report the reason for his absence to the employee's supervisor or someone acting for the employee's supervisor within two (2)hours before the time the employee is expected to report to work. Sick leave with pay may not be allowed unless such report has been made as aforementioned. 31 Employees who are absent for more than three (3) consecutive days (24 hours) due to illness or injury shall be required by the supervisor or Department Head to submit a physician's statement. Employees absent from employment due to illness and under a physician's care shall be requested to present a certificate or release to the Department Head before returning to work. An employee who uses all of his or her accrued sick leave days shall thereafter be placed on an inactive, without- pay status,except as required to provide a reasonable accommodation as required by the Americans with Disabilities Act. An employee may use earned sick leave while receiving workers' compensation benefits only to the extent that the leave augments the employee's compensation benefit to the amount equal to that employee's regular rate of pay. An employee may use sick leave in this fashion for a maximum of thirty days(240 hours). If, at the end of his/her term of service, upon retirement or death, whichever occurs first, any non-uniformed employee has unused accumulated sick leave, he/she shall be paid for the sick leave at the regular rate of pay in effect at the time of retirement or death.Payment for unused sick leave in case of a non-uniformed employee,upon death or retirement,shall not exceed ninety(90)days as authorized by Ordinance. Non-uniformed employees will not be paid for accrued sick days upon termination with the City. 5.5 FUNERAL OR BEREAVEMENT LEAVE Funeral leave with pay up to a maximum of three (3) calendar days will be granted to all City employees in the circumstances of death in the immediate family(as defined in the definitions section of this policy)only.Any leave requested more than three(3)calendar days must be charged to accrued vacation or compensatory leave. Travel time may be granted upon prior approval from the Mayor in addition to the bereavement leave where travel time of more than eight(8)hours is necessary. The Mayor may grant funeral leave of not more than one (1) day for an employee to be a pallbearer or attend a funeral of someone not within the immediate family. 5.6 MATERNITY LEAVE Employees affected by pregnancy, childbirth or related medical conditions will be treated the same for all employment-related purposes as persons with non-pregnancy-related health impairments,illnesses or injuries.An employee's accrued sick leave,vacation leave,and holiday leave will be granted for maternity use,after which leave without pay must be used,in accordance with the City's Family Medical Leave Policy,ifapplicable. In the event the Family Medical Leave Act is inapplicable,the employee may use accrued sick leave and/or accrued annual leave as required to the extent of exhaustion of sick leave and annual leave benefits. 5.6.1 NURSING MOTHERS Mothers who are nursing their baby will be allowed reasonable unpaid break time to express breast milk.This may run concurrently with other paid or unpaid break already provided. If the employee's work space is not private and secure,we will make a reasonable effort to provide a location where the mother may express.Employees shall make reasonable efforts to minimize the disruption of the employer's operations. 32 5.7 UNIFORMED SERVICES Certain rights to re-employment after service in the uniformed services, as well as provisions relating to pension and health benefits are established in the Uniformed Services Employment and Re-employment Rights Act of 1994, 38 USC 4301 et seq., and in Ark. Code Ann. § 21-4-102. It is the City's policy to honor and comply with the provisions of those statutes. The Uniformed Services Employment and Re-employment Rights Act(USERRA),prohibits discrimination against persons because of their service in the military. USERRA prohibits an employer from denying any benefit of employment on the basis of an individual's membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. USERRA also protects the right of veterans,reservists,National Guard members,and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training. A summary of rights afforded by the Uniformed Services Employment and Re-employment Rights Act(USERRA) is contained in a poster developed by the U.S.Department of Labor and re-printed in Appendix A of this Handbook. As an employer, the City shall provide to persons entitled to rights and benefits under USERRA a notice of the rights,benefits,and obligations of such persons and such employers under USERRA. In addition, under Ark.Code Ann. § 21-4-102,employees who are members of a military service organization or National Guard unit shall be entitled to a military leave of 120 hours with pay plus necessary travel time. As mentioned below,the FLSA provides further rights to family members of military personnel. Upon returning from active duty,an employee is responsible for paying the employee contribution to the retirement plan in accordance with USERRA regulations. The City will make contributions to the employee's retirement plan once the employee has been re-employed,as required. 5.8 FAMILY MEDICAL LEAVE The Family Medical Leave Act(FMLA)of 1993 requires cities with fifty(50)or more employees to offer up to twelve (12) weeks of unpaid,job-protected leave to eligible employees for certain family and medical reasons.The FMLA also allows an employee who is the spouse, son, daughter, parent, or nearest blood relative of an injured Armed Services member to take the 12 weeks of unpaid leave plus an additional 14 weeks,for a total of 26 weeks.Eligible City employees may take unpaid leave for the following reasons: • The birth and care of the employee's child • The placement of a child into an employee's family by adoption or by foster-care arrangement and to care for the newly placed child • For spouse, son, daughter, or next of kin of an eligible service member to care for an injured service member that is seriously injured or ill in the line of active duty,up to 26 weeks during a"single 12-month • TThe care of an immediate family member(spouse,child or parent,but not a parent"in-law")who has a serious health condition • The inability of a City employee to work because of a serious health condition which renders the employee unable to perform the essential functions of his or her job • For any qualifying exigency when the employee's spouse, son, daughter,or parent is a covered military member (on active duty or is notified of an impending call to active duty) in support of a contingency operation. 33 You must conclude leave for the birth of a child or for adoption or foster care within twelve(12) months after the event. However,leave may begin prior to birth or placement,as circumstances dictate. Leave entitlements for medical reasons are predicated upon the existence of a serious health condition suffered by you or an immediate family member as defined by the FMLA. A serious health condition is an illness, injury, impairment,or physical or mental condition that involves: • Inpatient care in a hospital,hospice,or residential medical care facility • Continuing treatment by a health care provider for a chronic or long-term health condition that is so serious that, if not treated, would likely result in a period of incapacity of more than three calendar days, and for prenatal care. Generally, a condition will be considered a serious health condition if the condition or its treatment causes an employee to be absent from work on a recurring basis or for more than three calendar days. The Family Medical Leave Act(FMLA)requires that the City maintain the health coverage of an employee eligible for FMLA under any group plan during the time the employee is on FMLA leave. 5.8.1 FMLA ELIGIBILITY To be eligible for the FMLA benefits employees must: 1)be employed by the City for at least one year;and 2)have worked 1,250 hours over the previous twelve(12)months preceding the date of the leave is requested to begin. In addition,the employee must work at a location where at least 50 employees are employed by the employer within 75 miles. An employee returning from fulfilling his or her National Guard or Reserve military obligation shall be credited with the hours of service that would have been performed but for the period of military service in determining whether the employee worked the 1,250 hours of service. Employees are required to use all sick,annual leave and holiday leave which they have accrued,prior to going on leave without pay.The employee,at the employee's option,may use annual leave as part of family medical leave.Such paid leave status shall be included in the total of the 12 work weeks. 5.8.2 CALCULATION OF LEAVE Employees eligible for FMLA may use up to 12 weeks of leave during a 12-month period measured forward from the date the employee's first FMLA leave begins.Therefore,the 12-month period will begin on the first date FMLA leave is taken.The next 12-month period will begin on the first day FMLA leave is taken after completion of any previous 12-month period. 5.8.3 USEOFPAIDTIMEOFFBENEFITS When leave is taken under the Family Medical Leave Act,you will be required to first use your available annual and accrued sick and vacation leave and holiday leave concurrently with FMLA leave during the twelve(12)week family leave before becoming eligible for unpaid leave.That portion of family leave of absence which is taken using annual and accrued leave days will be with pay,according to the City's annual leave policy.Using paid time off benefits does not add to the total length of the maximum 12-week leave permitted. For example, Employee A has two(2) weeks of accrued vacation leave and two(2) weeks of accrued sick leave. Employee A requests and is granted 4 weeks of FMLA leave.This leaves Employee A with eight(8)remaining weeks of available FMLA leave. 34 5.8.4 INTERMITTENT OR REDUCED LEAVE In circumstances where FMLA leave is sought for your own serious health condition, or that of a family member, you may take leave intermittently or be placed on a reduced work schedule, if medically necessary. In addition, when you choose to use FMLA for the birth or adoption of a child, you may also take leave intermittently or be placed on a reduced work schedule. However, this may only be done with prior permission and approval of the Mayor. If you request intermittent or reduced leave status,the City may in its sole discretion temporarily transfer you to another job, with equivalent pay and benefits, if another position would better accommodate that the intermittent or reduced schedule.Furthermore,if the need to use leave is foreseeable and based on pre-planned and pre-scheduled medical treatment,you should schedule the treatment in a manner that does not unduly disrupt the City's operations. 5.8.5 NOTIFICATION You must provide your Department Head with thirty(30)days' written notice of your need to be absent for FMLA purposes when the need is foreseeable or predictable. The City will provide appropriate forms on which to make known your need to be absent.However,if emergency circumstances prevent 30 days'written notification,you must notify your Department Head as soon as possible. 5.8.6 LEAVE PROVISIONS FOR SPOUSES BOTH WORKING FOR THE CITY In the event a husband and wife both work for the City,the maximum combined leave for both spouses is 12 weeks, i f FMLA leave is taken for the adoption or birth of a healthy child,or to take care of a sick parent. If FMLA leave is taken to care for an ill child,spouse,or for the employee's own serious illness,then each spouse is entitled to 12 total weeks of leave. 5.8.7 JOB RESTORATION Employees granted FMLA leave will be returned to the same position held prior to the leave or one that is equivalent in pay, benefits, and other terms and conditions of employment. However, certain highly-compensated, "key," salaried employees, although eligible for FMLA leave, are not guaranteed restoration to their positions if they choose to take leave. Such employees will be informed of this status when they request leave. If the City deems it necessary to deny job restoration for such employees while they are on FMLA leave, the City will inform the employee of its intention and will offer the employee the opportunity to return to work immediately. 5.8.8 EMPLOYEE BENEFITS During an employee's FMLA leave of absence,the employee's health care benefits will continue.Both the City and the employee will be required to pay the customary portions of the monthly health premium.The employee's failure to pay his or her share of the premium may result in loss of coverage. The City Clerk will advise the employee of the payment due dates. If the employee's payment is more than 30 days overdue, the health care coverage will be dropped by the City.Prior to dropping an employee from coverage for non-payment,the City Clerk will provide the employee with at least 15 days'written notice before the date coverage is to cease. If the employee unequivocally informs the City that the employee does not intend to work at the end of the leave period, the City's obligation to provide health benefits ends. If the employee chooses not to return to work for reasons other than a continued serious health condition which would otherwise entitle the employee to FMLA leave or other circumstances beyond the employee's control,the employee is required to reimburse the City the amount which it contributed toward the employee's health coverage during the leave period. 35 • For purposes of this section, an employee who returns to work from FMLA leave for at least 30 calendar days is deemed to have returned to work. In addition,an employee who transfers directly from FMLA leave to retirement or who retires within the first 30 days after returning from FMLA leave is deemed to have a returned to work status. An employee on FMLA leave will not be allowed to accrue employment benefits,such as vacation pay,sick leave, holiday leave, pension,etc. However,employment benefits which accrued up to the day on which the FMLA leave began will not be lost.The use of FMLA leave will not be considered a break in service when vesting or eligibility to participate in benefit programs is being determined. Employees who fail to return to work on the first working day following the end of their FMLA leave will be deemed to have terminated their employment with the City, unless the employee otherwise notifies the Department Head prior to the end of the FMLA leave. 5.8.9 CERTIFICATION Medical certification,by a qualified health care provider,of the need for FMLA leave for medical reasons is required. A certification form may be obtained from the City Clerk. This form should be filled out and returned to the Department Head. When the leave is foreseeable and at least 30-days'notice has been provided,the employee must provide the certification before the leave begins. When prior notice of the leave is not possible, the employee must provide the requested certification within 15 calendar days of the employee's departure, unless it is not practicable under the circumstances to do so,despite the employee's diligent good faith efforts. Employees who do not provide certification within these 15 calendar days must provide a reasonable explanation for the delay along with the certification. Qualified health care providers include: doctors of medicine or osteopathy, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse practitioners, nurse-midwives, clinical social workers, and physician assistants authorized to practice under State law and performing within the practice under State law. Qualified health care providers also include Christian Science practitioners listed with the First Church of Christ, Scientist, in Boston, Massachusetts. 5.8.10 RELEASE TORETURNTO WORK A medical doctor's release is required for all City employees who return to work from a medical leave of four(4) working days or longer,which is taken for the employee's own serious health condition.Such release shall be provided to the Department Head prior to returning to work. 5.8.11 DISPUTE RESOLUTION If a disagreement occurs over the medical opinion provided by your physician, the City may require a second medical opinion, from a qualified health care provider chosen by the City. The City will pay for a second or, if necessary,a third medical opinion. In the event a third opinion is deemed necessary,the City and the employee will jointly select the third qualified health care provider.The third opinion will be considered final. Additional information and forms may be obtained from the City Clerk. 36 5.9 LEAVE FOR WITNESS OR JURY DUTY Employees will be granted paid leave for witness or jury duty.Employees are also permitted to retain the allowance for services from the court for such service.To qualify for jury or witness duty leave,employees must submit to the Department Head a copy of the summons or other relevant court related paperwork as early as possible upon receipt thereof.In addition,proof of service must be submitted to the employee's supervisor when the employee's period of jury or witness duty is completed. 5.10 MISCELLANEOUS LEAVE The attendance of employees at seminars and training programs is considered part of continual professional development.Attendance of such seminars and programs must be preapproved by the Department Head. The City will pay expenses in accordance with the City reimbursement policy. The misrepresentation or altering of claims for reimbursement may result in the filing of criminal complaints,as well as disciplinary action. 5.11 EMPLOYEE HEALTH BENEFITS The City of Van Buren provides a group health plan for all its full-time employees. Detailed information on the policy and coverage will be given to employees at the time of hire.Additional information may be obtained from the City Clerk. 5.12 OCCUPATIONALINJURIES All City employees are covered under the Arkansas State Workers' Compensation laws.Any employee incurring an"on-the-job"injury should immediately notify the employee's supervisor who will arrange for appropriate medical treatment and prepare the necessary reports required for the employee to be compensated. Rules and regulations concerning Workers'Compensation have been posted on bulletin boards located in each Department. 5.13 ACCIDENTAL OFF DUTY INJURY If any full-time employee is involved in an accident which is not job-related and the injury sustained in such accident necessitates that the employee be absent from work,the employee shall be entitled to receive pay at a regular salary for the number of days of accumulated sick leave credited to that employee at the time the accident occurred. 5.14 CATASTROPHIC LEAVE BANK The purpose of the program is to provide paid leave for employees with a catastrophic illness/injury who have exhausted all other paid leave. The Catastrophic Leave Bank Program creates no expectation or promise of continued employment with the City of Van Buren and is intended simply to assist eligible employees during catastrophic medical emergencies. 5.14.1 DEFINITIONS CATASTROPHIC LEAVE BANK-A pool of accrued annual and sick leave voluntarily donated by employees which may be approved for use by employees who meet the catastrophic illness/injury eligibility requirements. CATASTROPHIC ILLNESS-A medical condition of an employee, spouse, parent of the employee, or a child of the employee which may be claimed as a dependent under the Arkansas Income Tax Act of 1929,as certified by a physician that requires an employee's absence from duty for a prolonged period of time and which,except for the 37 catastrophic leave program,would result in a substantial loss of income to the employee because of the exhaustion of all earned sick,annual,holiday and compensatory leave. MEDICAL CONDITION - Emergencies limited to catastrophic and debilitating medical situations, severely complicated disabilities and/or severe accidents of the employee or a qualifying family member which cause the employee to be unable to perform their job,require a prolonged period of recuperation and/or require the employee's absence from duty as documented by a physician. SUBSTANTIAL LOSS OF INCOME-A continuous period of time where the employee will not be compensated by the employing Department due to a medical condition after the exhaustion of all earned sick, annual, holiday and compensatory leave. 5.14.2 ELIGIBILITY REQUIREMENTS FOR CATASTROPHIC LEAVE The applicant must be a regular,benefits-eligible,full-time,employee of a City agency participating in an approved Catastrophic Leave Bank program.A person who works less than full-time(forty hours per week)is excluded from this definition and, as such, is ineligible to participate as a donor or recipient in the Catastrophic Leave Bank Program. Employees must have exhausted all sick, annual, holiday and compensatory leave time, and, at the onset of the illness or injury,had to his or her credit at least eighty(80)hours of combined sick and annual leave. "Onset of the Illness"means the initial beginning or start,as certified by a physician,of the medical condition which created the need for the catastrophic leave request. The "80-hour requirement" may be waived for an otherwise eligible employee if an "extraordinary circumstance" is declared by a Department Head and approved by the Catastrophic Leave Committee. If the illness or injury is that of an employee and is covered by workers'compensation,the compensation based on catastrophic leave,when combined with the weekly workers'compensation benefit received by the employee,shall not exceed the compensation being received by the employee at the onset of the illness or injury. The employee has not been disciplined for leave abuse during the past five(5)years from the date of application. No employee shall be eligible for approved catastrophic leave in excess of three(3)months.The employee has the option of reapplying for additional leave at the conclusion of the catastrophic leave period. 5.14.3 DONATIONS OF LEAVE TO THE CATASTROPHIC LEAVE BANK The Department Head of each participating City agency shall screen leave donated by the employees of that City Department to ensure that the following criteria are met: • Accrued leave may only be donated to the Catastrophic Leave Bank in one (1) hour increments. Donations of leave shall be granted hour-for-hour and not dollar-for-dollar • No employee of a participating City Department shall be allowed to donate leave to the Catastrophic Leave Bank if such donation will reduce that employee's accrued sick and annual leave balance to less than eighty (80) hours. This restriction does not apply to employees who are terminating their employment • Annual and/or sick leave which has been donated to the Catastrophic Leave Bank may not be restored 38 to the employee who donated the leave time • Approved donations of leave shall be transmitted to the Catastrophic Leave Bank by submitting an approved donor form. 5.14.4 CATASTROPHIC LEAVE COMMITTEE The Catastrophic Leave Bank Committee encompasses the Department Heads of the City of Van Buren. The purpose of the Committee will be to review all catastrophic leave requests,ensure that all eligibility requirements are met, and make recommendations regarding the request. The Committee shall also make determinations of continuing eligibility. 5.14.5 CATASTROPHIC LEAVE BANK ADMINISTRATION Applications for catastrophic leave shall be reviewed on a first filed, first reviewed basis. Approval does not guarantee that a catastrophic leave applicant will receive leave should there be a zero balance in the Catastrophic Leave Bank. Members of the Committee will review applications from employees of participating Departments for catastrophic leave and make recommendations to the Mayor. Determinations by the Catastrophic Leave committee shall be reviewed by the Department Head,and if necessary, employee appeals may be made or the employee may reapply for additional hours. Catastrophic leave may be granted or donated in one-hour increments only. Donations of leave shall be granted hour-for-hour and not dollar-for-dollar. Catastrophic leave shall not be awarded retroactively. Catastrophic leave which would result in a negative balance in the Catastrophic Leave Bank shall not be approved. Employees on catastrophic leave will not accrue vacation, sick or holiday leave, but will receive the City benefits of City contributions to insurance and retirement. Employees on catastrophic leave will also continue to receive their normal rate of pay.Catastrophic Leave will not change an employee's step increase eligibility date. In the event that an employee on catastrophic leave is terminated,retires,dies or returns to work prior to expiration of previously approved catastrophic leave time,all unused catastrophic leave shall be returned to the Catastrophic Leave Bank. An employee may be dismissed if such employee fails to report to work promptly at the expiration of the period of approved/granted catastrophic leave.Nothing,however,shall prevent the City from accepting satisfactory reasons provided by the employee, in advance of the date the employee is scheduled to return to work,and from granting leave without pay status to an employee prior to or after the expiration of such catastrophic leave if,in the view of the Department Head,such action is warranted.Supervisors should not take disciplinary action for such leave until the application has been formally approved or denied. Alleged or suspected abuse of the Catastrophic Leave Bank Program shall be investigated, and on a finding of wrongdoing,an employee shall repay all of the leave hours awarded from the Catastrophic Leave Bank and shall be subject to such other disciplinary action as is determined by the participating Department Head. 39 5.14.6 RECORD KEEPING The Catastrophic Leave record keeping procedure shall track the following: • The amount of leave donated by each employee • The amount of Catastrophic Leave awarded, including the name of the recipient and employee number • Any other such data as required by the Van Buren City Mayor. 5.14.7 PROHIBITION OF COERCION An employee may not directly or indirectly intimidate, threaten or coerce, or attempt to intimidate, threaten or coerce, another employee for the purpose of interfering with that employee with respect to donating, receiving or using annual or sick leave. Any report of such described instances shall be reported in writing to the Department Head of the participating Department. All written reports of such described instances shall be investigated thoroughly and appropriate disciplinary action may be taken for any substantiated violation. 5.15 TUITION ASSISTANCE The City of Van Buren recognizes that tuition payment programs can be an effective way to recruit and retain good employees and an effective program can improve job satisfaction,improve productivity and contribute to the City's overall success. Tuition assistance is subject to the availability of funds. The City will not pay tuition for courses or programs also funded by grants received by employee. 5.15.1 ELIGIBILITY Employees must be employed with the City on a regular permanent basis for at least one year prior to beginning the course. The employee must be satisfactorily performing the duties and responsibilities of his/her current job. The employee must fulfill all regular working obligations. As possible, flexible scheduling may be allowed to attend education courses, if the course is only offered during normal work hours and is a required course. The flexible work schedule must be approved by the Department Head. 5.15.2 ACCEPTABLE COURSES AND COLLEGES/UNIVERSITIES Degree programs must pertain to the applicant's current position or separate courses must be required by Department policy. The degree program or courses must be approved by the Department Head and by the Mayor for each individual. The approval will be kept on file in the office of the City Clerk. As a part of the degree program approval, applicants will be required to submit a copy of the degree program requirements. The documentation must be from the college or university that offers the degree. The request for tuition assistance will require documentation showing how the course(s)lead to completion of the approved degree. All courses must be taken at an accredited university or college. This includes community colleges. 40 Supplies,books and classroom equipment will be the responsibility of the employee. 5.15.3 APPROVALS REQUIRED All required paperwork must be submitted for the approval of all tuition assistance applications and must have the approval from the Department Head and the Mayor. 5.15.4 GRADE LETTER REQUIRED FOR CITY FUNDED TUITION Tuition and fees will be paid on a graduated scale. • Upon submittal of a"A"grade—100%reimbursement • Upon submittal of a"B"grade— 100%reimbursement • Upon submittal of a"C"grade- 75%reimbursement The employee shall reimburse for grade letters below"C"or withdrawal from a course. Upon completion of course,an official grade report from the university/college will be required and submitted. The Department Head or their designee will verify grades. CHAPTER 6 STANDARDS OF CONDUCT 6.1 COMMUNICATING WITH THE PUBLIC Employees of the City of Van Buren shall at all times be civil,orderly,and courteous in their conduct and demeanor towards the public.Each employee should treat members of the public with respect and efficiently provide responses to their inquiries or requests.This attitude or approach to public service cannot be overemphasized. When an employee is uncertain of the correct response to an inquiry or request from the public,the employee should refer the inquiry to the individual or the Department which can provide the most satisfactory response to the inquiry.It is better to admit lack ofknowledgethan to provide erroneous information. 6.1.1 COMMUNICATING ON BEHALF OF THE CITY The Mayor, Police Chief and Fire Chief are authorized to communicate on behalf of the City in interviews, publications,news releases,on social media sites,and related communications.Other employees may represent the City if approved by one of these individuals to communicate on a specific topic.When speaking on behalf of the City or while carrying out your official duties: • Employees must identify themselves as representing the City.Account names on social media sites must clearly be connected to the City and approved by the Mayor. • All information must be respectful,professional,and truthful.Corrections must be issued when needed. • Employees need to notify their Department Head if they will be using their personal technology(cell phones, home computers,cameras,etc.)for City business.Employees should be aware that the data transmitted or stored may be subject to the Freedom of Information Act. 41 6.1.2 HANDLING REQUESTS FOR INFORMATION PURSUANT TO FOIA Any citizen of the State of Arkansas may request to inspect, copy, or receive copies of public records pursuant to the Freedom of Information Act.Any requests must immediately be forwarded to the public records custodian. If the employee receiving the request is not the custodian, the employee must notify the requester of this fact and identify the custodian. 6.1.3 HANDLING MEDIA REQUESTS With the exception of routine events and basic information that is readily available to the public, all requests for interviews or information from the media are to be routed through the City Attorney or the custodian of the records in the case of a records request. Media requests include anything intended to be published or viewable to others in some form such as television, radio, newspapers, newsletters, and websites. When responding to media requests, employees should follow these steps: I. If the request is for routine or public information (such as a meeting time or agenda) provide the information and notify the Mayor's Office of the request. 2. If the request is regarding information about City personnel, potential litigation, controversial issues, and opinion on a City matter,or if you are unsure if it is a"routine"question, immediately forward to the Mayor's Office or in the case of a records request,to City Clerk. The appropriate response would be,"I'm sorry,I don't have the full information regarding that issue.Let me take some basic information and submit your request to the appropriate person who will get back to you as soon as she/he can." 3.Ask the media representative's name,questions,deadline,and contact information. 6.2 PERSONAL COMMUNICATIONS It is important for employees to remember that the personal communications of employees may reflect on the City, especially if employees are commenting on City business. The following guidelines apply to personal communications including various forms such as social media(Facebook, Twitter,blogs, YouTube,etc.), letters to the editor of newspapers,and personal endorsements. • Remember that what you write is public, and will be so for a long time. It may also be spread to large audiences. Use common sense when using email or social media sites. It is a good idea to refrain from sending or posting information that you would not want your boss or other employees to read,or that you would be embarrassed to see in the newspaper • If you publish something related to City business, identify yourself and use a disclaimer such as,"I am an employee of the City of Van Buren. However, these are my own opinions and do not represent those of the City of Van Buren" • City resources, working time,or official City positions cannot be used for personal profit or business interests,or to participate in personal political activity. For example,a building inspector could not use the City's logo,email,or working time to promote his/her side business as a plumber. 42 6.3 UNIFORMS AND PERSONAL APPEARANCE Uniforms or uniform allowance will be provided to personnel of certain Departments as authorized by the Mayor and City Council.Personnel who are provided uniforms or uniform allowance shall wear uniforms at all times while on duty. Uniforms shall be kept as neat and presentable as working conditions permit. Employees must not wear uniforms while off duty except to and from your scheduled shift or work assignment. It is essential that an employee not be viewed by the public as a representative of the City in any official capacity unless authorized to do so. Employees not required to wear uniforms should dress in appropriate professional Departmental attire. If an employee is unsure what constitutes appropriate attire, then the employee should check with the employee's supervisor or Department Head. 6.4 GUIDELINES FOR APPROPRIATE CONDUCT The City of Van Buren expects its employees to accept certain responsibilities, adhere to acceptable principles in matters of personal conduct, and exhibit a high degree of personal integrity at all times. This not only involves a sincere respect for the rights and feelings of others, but also demands that both while at work and in their personal lives,employees refrain from behavior that might be harmful to the employees,co-workers,the citizens,and/or the City. Whether an employee is on-duty or off-duty, the employee's conduct reflects on the City. An employee should observe the highest standards of professionalism at all times. Types of behavior and conduct that the City considers inappropriate include, but are not limited to the following: • Falsifying employment or other City records • Violating any City nondiscrimination and/or harassment policy • Soliciting or accepting gratuities from citizens • Excessive absenteeism or tardiness • Excessive,unnecessary,or unauthorized use of City property • Reporting to work intoxicated or under the influence of non-prescribed drugs or participation in the illegal manufacture,possession, use,sale,distribution,or transportation of drugs • Reporting to work intoxicated or under the influence of prescribed drugs • Buying or using alcoholic beverages while on City property or using alcoholic beverages while engaged in City business,except where authorized • Fighting or using obscene,abusive,or threatening language or gestures; • Theft of property from co-workers,citizens,or the City • Unauthorized possession of firearms on City premises or while on City business; • Disregarding safety or security regulations • Insubordination • Neglect or carelessness resulting in damage to City property or equipment. Should an employee's performance,work habits, overall attitude,conduct,or demeanor become unsatisfactory and in violation of either of the above-referenced items or any other City policies,rules,or regulations,an employee will be subject to disciplinary action up to and including dismissal. 43 6.5 ABSENTEEISM AND TARDINESS Regular attendance is essential to the effective business operations, and the City of Van Buren expects all of its employees to report to work on time and on a regular basis. Unnecessary absences and tardiness are expensive, disruptive, and place an unnecessary burden on fellow employees, supervisors, City government as a whole, and the taxpayers who receive City services. Should an employee be unable to report to work on time because of illness or personal emergency,the employee should give proper notice to his or her supervisor. Excessive absences or tardiness, unexcused absences and tardiness, falsification of reasons for any absence or tardiness,absences/tardiness which form unacceptable patterns(i.e., regularly reporting late on Monday mornings or calling in absent on Fridays), or failing to provide proper medical documentation to support absences/tardiness may result in disciplinary action up to and including termination. "Proper notice"is defined by the City as notice in advance of the time an employee should report for work. An absence of an employee from duty, including any absence of one(1)day or part thereof,(other than an absence authorized by this personnel handbook or by law)that is not authorized in advance by the Department Head or the employee's supervisor will be deemed absence without leave. Such absence shall be without pay. 6.6 OUTSIDE EMPLOYMENT OR MOONLIGHTING If an employee is considering additional employment or a position as an auxiliary first responder, he or she shall submit the request in writing and discuss the additional employment or position with his or her Department Head or supervisor for approval. If, as an employee of the City, an employee participates in additional employment, it must not interfere with the proper and effective performance of his or her job with the City.The work of a full-time employee of the City shall have precedence over any other occupational interest or pursuit of the employee.A full-time employee is expected to be available for work during all regular working hours and for overtime as required. An employee's outside employment must not be of a nature that adversely affects the image of the City,or of a type that may be construed by the public to be an official act of the City or which in any way violates these policies. City uniforms shall not be worn during outside employment unless approved in advance by the Department Head. 6.7 VOTING City employees are encouraged to exercise their legal right to vote and, if necessary and requested in advance, reasonable time will be granted for the purpose. 6.8 OUTSIDE COMPENSATION No reward,gift,or other form of remuneration in addition to regular compensation shall be received from any source by employees of the City for the performance of their duties as employees of the City.If a reward,gift or other form of remuneration is made available to any employee, it shall be credited to a designated employee fund with approval of the Mayor. 6.9 USE OF NARCOTICS,ALCOHOL AND TOBACCO Employees of the City of Van Buren shall not use habit-forming drugs, narcotics, or controlled substances unless 44 such drugs are properly prescribed by a physician. The consumption of alcohol or other intoxicants is prohibited while an employee is on duty.Employees are not to consume intoxicants while off duty to such a degree that it interferes with or impairs the performance of their duties. Employees involved in any unauthorized use, possession, transfer, sale, manufacture, distribution, purchase, or presence of drugs, alcohol or drug paraphernalia on City property or reporting to work with detectable levels of illegal drugs or alcohol will be subject to disciplinary action including termination,as allowed by federal,state,and local laws. Smoking,or the use of any tobacco product,is not allowed inside any City owned facility or vehicle.The City complies with all aspects of the Arkansas Clean Indoor Act of 2006. Any employee violating this policy is subject to disciplinary action up to and including termination and may be required to pay a fine if levied by the Arkansas Department of Health. 6.10 DRUG-FREE WORKPLACE Pursuant to Ordinance Number 19-2005,it is the policy of the City of Van Buren to create a drug-free workplace in keeping with the spirit and intent of the Drug-Free Workplace Act of 1988 and its amendments.The use of controlled substances is inconsistent with the conduct expected of employees, subjects all employees and visitors at City facilities to unacceptable safety risks, and undermines the City's ability to operate effectively and efficiently. Therefore,the unlawful manufacture,distribution,dispensation,possession,sale,or use of a controlled substance in the workplace, while engaged in City business for the City of Van Buren, or on the City's premises is strictly prohibited.Such conduct is also prohibited during non-working hours to the extent that,in the opinion of the City, it impairs an employee's ability to perform on the job or threatens the reputation and integrity of the City. To educate employees on the danger of drug abuse, the City has established a drug-free awareness program. Periodically,employees will be required to attend training sessions at which the dangers of drug abuse,the City's policy regarding drugs,the availability of counseling,and the City's employee assistance program will be discussed. Employees convicted of controlled substances related violations in the workplace must inform the City within five (5)days of such conviction or plea.Employees who violate any aspect of this policy may be subject to disciplinary action up to and including termination, as allowed by federal,state,and local law.At its discretion,the City may require employees who violate this policy to successfully complete a drug abuse assistance or rehabilitation program as a condition of continued employment. 6.11 USE OF CITY ASSETS AND RESOURCES 6.11.1 TELEPHONES Telephones are to be used to conduct City business. Long distance or toll calls of a personal nature are prohibited unless prior approval is received in writing from the Department Head. Although occasional, limited personal telephone calls are permitted,they should be kept to a minimum in time and frequency and should not interfere with work performance of the employee or the employee's colleagues. Discretion should be used in discussing confidential information using cellular communication. Employees are responsible for taking reasonable precautions to prevent theft and/or vandalism of cellular equipment. City-issued cellular or mobile telephones should be used for City business-related purposes. Personal calls are to be minimized.The City reserves the right to monitor the billing and use of all City-issued cellular/mobile telephones and has the authority to withhold any unauthorized amounts from the employee's wages. 45 By accepting the use of City-issued cellular telephones, employees agree to promptly reimburse the City for all personal calls and expenses which are deemed by the City to be excessive in frequency or duration. Any employee who violates the conditions of these policies relating to cellular/mobile phone usage is subject to having the use of the employee's City-issued cellular/mobile phone terminated. 6.11.2 COMPUTERS AND OTHER TECHNOLOGICAL RESOURCES To help maximize its employees' efficiency in carrying out their respective job duties, the City of Van Buren provides various information and technology resources such as email,computers,software/computer applications, networks, the Internet, the intranet, facsimile machines, cell phones, pagers, and other wireless communication devices and voicemail systems. Please remember that these tools are City property and must be used in a manner that reflects positively on the City and all who work here. Occasional, limited personal use of these resources is permitted, but should not interfere with your work performance, or the work performance of your colleagues. Employees, however,should have no expectation of privacy as to their use of City property. The City has the right to access and monitor any and all messages and files on electronic equipment owned by it and will do so as deemed necessary and appropriate. Employees will be held accountable for all usage of their systems and shall keep their keywords and passwords confidential to protect their assigned equipment and their files from misuse. Employees shall not access or copy software of data belonging to others or to the City. Reading another employee's files is prohibited unless authorized by the Department Head. Employees shall not transport software or data provided by the City to another computer site without prior authorization from the Department responsible for the data. The City will not tolerate inappropriate or illegal use of these assets and reserves the right to take appropriate disciplinary actions, as needed, up to and including termination of employment. Such inappropriate use of these resources can include, but is not limited to,the following: • Hacking • Pirating software or audio/video files • Soliciting • Distributing literature for outside entities • Sending inappropriate emails • Accessing,viewing,or downloading inappropriate websites,i.e.,sites advocating hate,violence,sexually explicit material,or promoting illegal activities • Distributing confidential information to persons/entities who are not entitled to such information • Storing or placing unlawful information on a computer or the network • Copying system files without proper authorization • Copying copyrighted materials without proper authorization • Use of abusive or otherwise objectionable language in either public or private messages • Sending messages that are likely to result in the loss of the recipient's work or systems use • Sending"chain-letters,"jokes, lists,or any other types of use that would cause congestion or disrupt the operation of the networks or otherwise interfere with the work ofothers • Decryption of system or user passwords. Only software which has been purchased or approved by the City of Van Buren may be loaded or used on any of its computers.All software,programs,applications,templates,data,and data files stored in,residing on,or developed with City computers, networks, or storage media are property of the City and shall not be removed from the 46 a workplace without proper authorization. The City's software and software manuals should not be duplicated or reproduced in any manner which would violate the license agreements which pertain to usage of the software. Computer equipment,including software,should not be removed from City premises without prior written approval from the Department Head or his designated representative. The City reserves the right to monitor and inspect, without notice, the use of its information and technology resources. 6.11.3 INTERNET ACCESS Internet access is provided to employees to conduct City business.Employees accessing the Internet are to do so for business-related purposes only.The City reserves the right to monitor Internet use to assure that Internet use is for legitimate business purposes and that access to the Internet is not abused by any one employee. Downloading files without the express consent of the Department Head is prohibited. Files downloaded from the Internet, or any other outside service, may contain a computer virus and must be scanned by a virus checking software prior to being used on a City computer. Uploading to the Internet is prohibited unless authorized by the Department Head to avoid interception and unauthorized access to information. 6.11.4 ELECTRONIC MAIL AND CONFIDENTIALITY The City of Van Buren provides electronic mail for business purposes.The City maintains the ability to access any messages left on or transmitted over the system.Employees should not assume that such messages are confidential or that access by the City or its designated representative will not occur. Therefore, any personal use of the City's electronic mail system shall be kept to a minimum. The electronic mail system shall not be used to solicit or further commercial ventures,religious or political causes, outside organizations, or other non-job-related solicitations; to create any unwelcome, offensive, or otherwise disruptive messages including sexual innuendo, racial slurs,gender-specific comments,or any other comment that offensively addresses someone's age, sexual orientation, religious or political beliefs, national origin,or disability; or to send or receive copyrighted materials,trade secrets,proprietary or financial information,or similar materials without prior written authorization from the owner of the material. Employees are not authorized to retrieve or read email messages that are not sent to them. 6.11.5 REMOVAL OF CITY PROPERTY No City owned, leased, or licensed equipment or documents may be removed from City premises without prior written approval from the Department Head or his designated representative. 6.11.6 USE OF PRIVATELY OWNED ELECTRONIC COMMUNICATIONS EQUIPMENT FOR PUBLIC JOB RELATED PURPOSES Employees with personal privacy concerns should be aware that there may be consequences to using privately owned electronic communications equipment(including privately owned cell phones)for work related purposes. If an employee uses privately owned equipment for work related purposes, such as work related text messages or emails,the records of the privately owned equipment might be subject to disclosure to the public by the Arkansas Freedom of Information Act. Employees are therefore encouraged to use City-owned communications equipment 47 and City-owned software(such as City email)when communicating for job related purposes. 6.12 WAIVER OF PRIVACY Employees waive their right to privacy in anything created, stored, sent, or received on the City's computer or telecommunications system. The City reserves the right to inspect any data, emails, social media content, files, settings,or any other aspect of access made by a City-owned computer or related system and will do so on an as- needed basis as determined by the Mayor or Department Head. Employees understand that any information created, stored,sent, or received on the City's computer or telecommunications system may be subject to the provisions of the Freedom of Information Act, regardless of whether the information is business-related or personal to the employee. Therefore, any such information may be accessed and/or inspected at any time by any member of the public unless it is exempted by law from disclosure. 6.13 CITY VEHICLES On occasion,the City may permit certain employees to use its vehicles to conduct City business.A valid and current driver's license must be in possession of the operator and maintained at all times. When using a City vehicle, employees shall exhibit due care at all times and shall comply with all federal, state, and local laws pertaining to operation of the vehicle. The use of City vehicles is restricted to City business purposes only.Employees using City vehicles shall not pick up or transport any private parties not directly involved with the work of the City without prior permission of the Mayor or Department Head. Employees may transport spouses in City vehicles when attending conferences or meetings. Employees will be allowed to take home a City vehicle for`on-call" purposes only as designated by his or her Department Head. Employees using City vehicles are individually responsible for all fines or penalties assessed to the employee as a result of speeding tickets or other traffic offenses for which the employee is cited while using a City vehicle. • Thefts or accidents involving City vehicles must be reported immediately to the police and the Department Head. The improper, careless, negligent, destructive, reckless, or unsafe use of City equipment or vehicles may result in disciplinary action. 6.14 CELL PHONES An overarching concern of the City is the personal safety of employees and the public at large. Therefore, employees should use proper safety procedures at all times when using a cellular phone, but especially while operating equipment, driving on City business, or performing similar duties. All employees shall observe local and/or state laws which restrict or limit cell phone usage and texting while operating a City owned vehicle or while operating a personal vehicle on City business. 6.15 POLITICAL CAMPAIGNS No City employee shall campaign on City time for any candidate or ballot measure at a federal,state,or local level. Employees are prohibited by law and this policy from using City equipment, property, funds or other resources to campaign for a candidate or ballot measure. After working hours, employees are free to campaign and support candidates and ballot measures in federal,state,county,and local campaigns as long as they do not use City property, funds,equipment or resources.No campaign banners,campaign signs,or other campaign literature shall be placed 48 on any cars,trucks,tractors,or other vehicle belonging to the City. 6.16 DISCIPLINARY ACTION Should an employee's performance, work habits, overall attitude, conduct, or demeanor become unsatisfactory including,but not limited to,violations listed in this handbook,or any other City policy,rule,regulation,or directive, the employee may be subject to disciplinary action up to and including dismissal. Disciplinary action may include, but is not limited to: • Warning or Reprimand. A warning or reprimand is action used to alert the employee that his or her performance is not satisfactory or to call attention to the employee's violation of employment rules and/or regulations.City employees may be officially reprimanded orally or in writing • Suspension. Suspension involves the removal of an employee from his or her job. An employee may be suspended with or without pay • Demotion.A demotion is an action that places the employee in a position of less responsibility and less pay • Termination.A termination is a removal of an employee from City employment. 49 CHAPTER 7 MISCELLANEOUS INFORMATION 7.1 POLICY STATEMENT The City of Van Buren possesses the sole right to operate and manage the affairs of the City. 7.2 CONFLICTS WITH FEDERAL,STATE,OR LOCAL LAWS The policies in this handbook will be followed unless they are found to conflict with federal,state,or local laws,which shall take precedence. 7.3 SEVERABILITY Should any of the provisions contained in this handbook be found contrary to federal, state, or local law, the remaining provisions of this handbook shall remain in full force and effect. To the extent that any law provides additional or different benefits or rights to employees, the provisions of this handbook shall be deemed to include those statements of law. 7.4 POLICY CHANGES The City of Van Buren reserves the right to suspend,revoke,or revise any of the policies contained this handbook at any time. 7.5 CHANGE OF ADDRESS Employees changing their home address or telephone number must notify his or her Department Head and City Clerk of this change so that personnel files can be kept current. This is important in case the City must mail the employee any information or documents,such as tax statements. Changes must be reported within three working days of the change. 50 CHAPTER 8 FORMS • • 5 51 • RECEIPT OF CITY OF VAN BUREN PERSONNEL HANDBOOK (To be placed in employee's personnel file) I , acknowledge receipt of the City Of Van Buren Personnel Handbook. I understand that this handbook is not a contract. I understand that reading this handbook constitutes one of my job duties and that I am required to perform my job duties in accordance with the policies contained in this handbook and any additional rules, regulations,policies or procedures which may be imposed by the City of the Department in which I work whether or not I read this handbook. I understand that my failure to read this handbook, as required,does not excuse me from being covered by or complying with its provisions. I understand that if I have any questions about the provisions contained in this handbook, I should direct them to my Department Head or City Clerk. Employee Signature Date I, [insert name and title of individual],provided a copy of the City of Van Buren Personnel Handbook to on this day of 20 Signed Date 52 CITY OF VAN BUREN CATASTROPHIC LEAVE APPLICATION FORM Employee Name:(Printed) Department: Employees desiring to receive time from the catastrophic leave bank in accordance with the Catastrophic Leave Policy must complete this form and submit it to their supervisor. 1. I have read the City's Catastrophic Leave Policy and meet all qualifications. 2. Briefly describe the reason for this application: 11 3. The required medical certification is attached or there is one in the file. 4. I understand that medical certification may be required to be updated during the leave period. 5. I am applying for hours of leave time from the catastrophic leave bank. 6. I agree the decision of the review committee is final. 7. I understand any unused time allotted to me will be forfeited and will return to the leave bank. Signature: Date: 53 CATASTROPHIC LEAVE BANK DONATION FORM The Catastrophic Leave Bank is a voluntary policy to provide additional paid leave for employees who have exhausted their accrued sick, annual, holiday and compensatory leave benefits as a result of a "catastrophic health condition" as defined by the Family Medical Leave Act. Voluntary participation in the Catastrophic Leave Bank is available to all active,full time benefits-eligible employees. Accrued leave may only be donated to the Catastrophic Leave Bank in one(1)hour increments. Donation of leave shall be granted hour-for-hour and not dollar-for-dollar. Please complete the following statement if you wish to voluntarily donate sick time to the Catastrophic Leave Bank. Section 1. Name Employee ID No. Position Title Department I voluntarily donate hour(s) of my accrued sick leave to the Catastrophic Leave Bank. I understand the hours I donate will be deducted from my sick leave balance,unless I am donating end-of-year overage. Signature Date Section 2. (To be completed by City Clerk personnel) Date received: Sick leave balance: Request approved Request denied Reason for denial: Catastrophic Leave Bank Administrator Date 54 CITY OF VAN B U R E N REQUEST FOR TUITION ASSISTANCE Claimant: Department: Requested course: Degree program: Cost: College/University: AFFIDAVIT I agree that tuition and fees will be paid on a graduated scale. Upon completion of a course, an official grade report from the college/university will be required and submitted to your Department Head within 30 days. No additional classes shall be approved until grades have been reported. Upon submittal of an"A"or"B"grade—No reimbursement of tuition and fees will be required. Upon submittal of a"C"grade- 25%reimbursement of tuition and fees will be required. Reimbursement of 100%of tuition and fees will be required for grade below"C", or withdrawal from a course. Subject to mayor approval reimbursement may be in cash or check paid to the City Clerk's office within 30 days or by$25.00 payroll deduction per pay period until tuition and fees are reimbursed.No other classes shall be scheduled until reimbursement is completed. All courses will be pre-approved by the Mayor and Department Head before enrollment.All requests and approvals will be kept on file in the office of the City Clerk. Supplies,books and classroom equipment will be the responsibility of the employee. Employee states that no grant funding has been or will be applied for on this program or class,which would result in duplicate funding. TUITION ASSISTANCE IS SUBJECT TO AVAILABILITY OF FUNDS. ( ) APPROVED ( )DENIED EMPLOYEE: DATE: DEPARTMENT HEAD: DATE: MAYOR: DATE: 55 EMPLOYMENT RECORDS RELEASE TO: You are hereby authorized and requested to give to or to any of its duly authorized representatives, any and all employment information whatsoever including, but not limited to, copies of my personnel file, including disciplinary reports,memos,statements,results of or physicals,drug testing results,and any and all other information which they may request concerning my employment. You are authorized to release any information relating to my employment, including but not limited to, any in- formation relating to my employment or otherwise maintained by you during the entire term of my employment relationship with you. This authorization is continuing in nature and does not expire unless you receive written, signed and acknowledged notice from me or my authorized agent. A photocopy of this release shall be as valid as �. an original. EMPLOYEE(Signature) EMPLOYEE(Printed Name) STATE OF ARKANSAS COUNTY OF Subscribed and sworn to before me this day of ,20— Notary Public My Commission Expires: NOTE: This Release should be used to obtain information from previous employers in order to make informed hiring decisions. A similar release should be used for current or past employee to sign when he or she wishes for ou to release information to another prospective employer.