This document represents the current Personnel Policies (as amended) with the following additions:
Section 1 - 13, and 15-17 show redline changes (additions and deletions) recommended by the City Administrator in consultation with the Department Heads.
SECTION 14 and 18-20 are still being reviewed
Yellow highlighted text represents sections in the new policy proposed by the AAA committee that are more detailed or represent possible revised text for the current section of the policy.
Blue Highlighted text is either revised text from the City Attorney or notes from the City Attorney regarding the AAA draft
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This is from the original adoption of the policy and is not currently included in copies given to employees. It is recommended that once the new manual is finalized that it be adopted by resolution or ordinance.
This Manual contains the broad personnel policies and procedures for the City of Sunset Valley. It is applicable to all employees. An acknowledgment that this Manual has been read and is understood will become a part of each employee's permanent personnel file. The acknowledgment form attached to this Manual is to be completed and signed by each employee.
This Manual supersedes any existing personnel, vacation, sick leave and/or emergency leave policy approved by the City Council of Sunset Valley. The City Council reserves the right to unilaterally rescind or modify the policies in this manual, or adopt new policies, at any time.
This Manual does not constitute an express or implied employment contract between the City and any City employee.
APPROVED BY THE CITY COUNCIL OF THE CITY OF SUNSET VALLEY ON THEDAY OF , ______WITH AN EFFECTIVE DATE OF .
Michael Francis, Mayor
ATTEST:
Jayme Foley, City Secretary
Table of Contents
Will need to be renumbered and new sections added once revisions are finalized
Page
SECTION ONE - INTRODUCTION...... 1
1.01The City...... 1
1.02Objectives of Manual...... 1
1.03Equal Opportunity Policy...... 1
1.04Applicability and Scope...... 1
1.05Dissemination of Personnel Policy Manual...... 2
1.06Administrative Authority...... 2
1.07Revision...... 3
1.08At-Will Statement...... 3
1.09Effective Date...... 3
SECTION TWO - EMPLOYEE RESPONSIBILITIES...... 4
2.01General...... 4
2.02Violation of Rules, Regulations and Policies...... 4
2.03Attendance...... 4
2.04Outside Employment...... 4
2.05Gifts...... 5
2.06Conflict of Interest...... 5
2.07Political Activity...... 6
2.08Resignation Upon Announcing Candidacy for Office...... 7
2.09Solicitation...... 7
2.10Telephone Usage...... 7
2.11Lunch Periods...... 7
2.12Physical Fitness...... 8
2.13Personal Appearance...... 8
2.14Relationship With the Council...... 8
2.15Relationship With Fellow Employees...... 8
2.16Sexual Harassment...... 9
2.17Drug Free Workplace...... 10
2.18Personal Time Off...... 10
2.19Electronic Mail Policy...... 10A
2.20Internet Access Policy...... 10C
SECTION THREE - RECRUITMENT AND SELECTION...... 11
3.01General Policy...... 11
3.02Vacancy Identification...... 11
3.03Qualifications...... 11
3.04Announcement of Vacancies...... 11
3.05Disqualification...... 12
3.06Age Requirements...... 12
3.07Application...... 12
3.08Evaluations...... 13
3.09Medical Examinations...... 13
3.10Nepotism...... 13
3.11Referral and Selection...... 14
SECTION FOUR - STAFF...... 15
4.01Authority...... 15
4.02Basis of Selections...... 15
4.03Type of Appointment...... 15
4.04Regular Appointments...... 15
4.05Temporary and Non-Regular Part Time Appointments...... 16
4.06No Vested Rights...... 16
4.07New Employee Orientation...... 16
SECTION FIVE - PROBATION...... 17
5.01Orientation...... 17
5.02Purpose of Probationary Period...... 17
5.03Revocation of Probation...... 17
5.04Appeal of Revocation of Probation...... 18
5.05Benefits During Probationary Period...... 18
SECTION SIX - PERFORMANCE EVALUATION...... 19
6.01Purpose of Performance Evaluation...... 19
6.02Responsibility...... 19
6.03Performance Evaluation Report...... 19
6.04Counseling...... 19
6.05Reconsideration...... 20
SECTION SEVEN - JOB DESCRIPTIONS AND CLASSIFICATIONS...... 21
7.01Plan Preparation and Maintenance...... 21
7.02Effect of Reclassification...... 21
7.03Distribution...... 21
7.04Requests of Clarification...... 21
SECTION EIGHT - WORK SCHEDULE AND TIME REPORTING...... 22
8.01Working Hours...... 22
8.02Time Reporting...... 22
SECTION NINE - COMPENSATION...... 23
9.01Basis...... 23
9.02 Payment Delivery...... 23
9.03Advances...... 23
9.04Fair Labor Standards Act...... 23
9.05Exempt Employees Under FLSA...... 24
9.06Non-Exempt Employees Under FLSA...... 24
9.07Overtime and Compensatory Time Off For Non-Exempt Employees...... 24
9.08Approval of Overtime...... 25
9.09Emergency Duty...... 26
9.10Payroll Deductions...... 26
9.11Uniform Allowance...... 26
9.12Calculation of Termination Pay...... 26
9.13Approving Authority...... 27
9.14Garnishment...... 27
SECTION TEN - PERSONNEL ACTIONS...... 28
10.01Promotions...... 28
10.02Temporary Promotions...... 28
10.03Lateral Transfers...... 28
10.04Change of Duty Assignment...... 29
10.05Layoffs...... 29
SECTION ELEVEN - BENEFITS...... 30
11.01Health, Dental, Accidental Death and Dismemberment and Life Insurance..... 30
11.02Workers Compensation...... 30
11.03Unemployment Insurance...... 30
11.04Texas Municipal Retirement System ("T.M.R.S.")...... 30
SECTION TWELVE - VACATIONS...... 31
12.01General Policy...... 31
12.02Holidays During Vacation...... 31
12.03Illness or Injury During Vacation...... 31
12.04Use of Vacation Leave for Medical Reasons...... 31
12.05Interruption of Vacation...... 31
12.06Accrual of Vacation Leave...... 32
12.07Vacation Leave Records and Approval...... 32a
SECTION THIRTEEN - HOLIDAYS...... 33
13.01General Policy...... 33
13.02Holidays Falling on Saturday or Sunday...... 33
13.03Work During Holidays...... 33
13.04Forfeiture of Holiday...... 34
13.05Floating Holiday...... 34
SECTION FOURTEEN - ABSENCES AND LEAVES...... 35
14.01Definitions...... 35
14.02Approval of Leave...... 35
14.03Civil Leave...... 35
14.04Using Leave in Combination...... 35
14.05Paid Medical Leave...... 36
14.06Parental Leave...... 37
14.07Bereavement Leave...... 37
14.08Military Leave...... 37
14.09Administrative Absence With Pay...... 38
14.10Extended Leave of Absence Without Pay...... 38
14.11Injury Leave...... 38
14.12Sick Leave Pool...... 39
14.13Maximum Leave...... 39
14.13A Re-Employment After Leaves of Absence...... 40
14.14Health Insurance coverage During Unpaid Leave...... 40
SECTION FIFTEEN – HEALTH AND SAFETY...... 41
15.01Safety Policy...... 41
15.02Employee Responsibilities/Reports...... 41
15.03Safety Suggestions...... 41
15.04On-The-Job Injuries...... 41
15.05Light Duty Assignment...... 41
SECTION SIXTEEN - USE OF CITY PROPERTY...... 42
16.01General Policy...... 42
16.02Property Control...... 42
16.03Use of Tools, Equipment, Property, and Vehicles...... 42
16.04Valid Driver's License...... 42
16.05Accident Reporting...... 43
16.06Approval for Use...... 43
SECTION SEVENTEEN - DISCIPLINE AND APPEALS...... 44
17.01Grounds for Disciplinary Action...... 44
17.02Types of Disciplinary Action...... 45
17.03Written Reprimand...... 45
17.04Suspension...... 45
17.05Demotion...... 46
17.06Dismissal...... 46
17.07Appeals of Disciplinary Action...... 46
SECTION EIGHTEEN - GRIEVANCE PROCEDURE...... 47
18.01Definition...... 47
18.02General Policy...... 47
18.03Formal Grievance Procedure...... 47
SECTION NINETEEN - SEPARATION FROM EMPLOYMENT...... 49
19.01General...... 49
19.02Resignation...... 49
19.03Layoff...... 49
19.04Disability or Incapability...... 49
19.05Dismissal...... 49
19.06Death...... 50
19.07Exit Interviews and Records...... 50
19.08Employment References...... 50
SECTION TWENTY - PERSONNEL RECORDS...... 52
20.01General...... 52
20.02Contents of Personnel Files...... 52
20.03Leave Records...... 53
SECTION TWENTY-ONE - AUTHORIZED EMPLOYEE,
POLICE AND APPOINTED POSITIONS...... 54
21.01General and Administrative...... 54
21.02Municipal Court...... 54
21.03Public Safety...... 54
21.04Volunteers...... 54
21.05Public Works/Utility...... 54
21.06Appointed...... 54
APPENDIX "A" Elected and Appointed Positions, Commissions, Boards and
Committees...... 55
APPENDIX "B" Organizational Relationships and Chart...... 56
ACKNOWLEDGMENT...... 58
SECTION ONE
INTRODUCTION
1.01
THE CITY
The City of Sunset Valley was incorporated in 1954 as a Type A general law city under the laws of the State of Texas. The City is governed by an elected City Council, consisting of a Mayor and five Councilmembers. In a Mayor-Council form of city government, the Mayor is the chief administrative officer of the governmental body, but does not have a vote on City Council. The Council Members are the policy making body of the city. The City Council has been delegated the exclusive authority to adopt employment policies, unless other state and federal laws or regulations otherwise limit such authority.In addition to the City Officers and Staff, there are a number of Commissions, Boards and Committees whose volunteer members are appointed by the City Council. A list of all elected and appointed positions, Commissions and Boards is included as Appendix "A."
A current listing of the individuals elected or appointed is maintained by the CitySecretary Administrative Assistant.
1.02
OBJECTIVES OFMANUAL
This Manual is designed to bring to the City service a high degree of understanding, cooperation, efficiency, and unity through systematic, uniform application of modern personnel policies. The policies contained herein inform employees of the benefits and obligations of employment with the City of Sunset Valley. Nothing stated herein shall be construed to create an employment contract between the City and any City employee.
The ultimate responsibility of the city is to provide the highest quality service to the citizens of Sunset Valley, Texas. To maximize the public’s confidence in the city, employees must always act with diligence, fairness and propriety.
This handbook, together with the city’s other policies and procedures, provides information that will be useful to you in the performance of your daily duties. Should you need any clarification, please consult your ______. <--Department Head or the Director of Human Resources.
This handbook will not cover everything and is not intended to be a complete compilation of the city’s policies. Should you have any questions that are not answered in this handbook, or any questions regarding the information provided, you should discuss the matter with your __Department Head__ or other appropriate personnel (e.g. Mayor).
This handbook does not constitute a contract or a guarantee of employment. Nothing in this handbook constitutes the terms of an employment agreement, express or implied. The city is an employment at will employer. You and the city alike retain the right to terminate the employment relationship at anytime for any lawful reason.
You should review the information outlined in this handbook as soon as possible to familiarize yourself with the general guidelines under which this city operates and you should review it frequently for modifications or changes. Although the city will attempt to notify staff of changes in this handbook as necessary; changes in city policies or procedures may modify, supersede or eliminate those contained in this handbook at any time. You are responsible for keeping abreast of changes regardless of whether the handbook has been updated after a change has been made. Additionally, the City Council may modify policies in this handbook at its discretion if circumstances require.
1.03
EQUALOPPORTUNITYPOLICY
There shall be no discrimination against any person in job structuring, recruitment, examination, selection, appointment, placement, training, upward mobility, discipline, or any other aspect or term or condition of employment on the basis of race, age, physical disability, national origin, sex, political affiliation or belief,. Consideration of age or physical disability is prohibited except where specific age or physical requirements constitute a bona fide occupational qualification necessary to the proper and efficient administration of the City’s business.
The city is committed to providing equal employment opportunity to all employees and applicants for employment. All personnel transactions are made without regard to race, religion, age, color, national origin, sex, or disabilityor any other unlawful basis or non-merit factor. The city will promote and implement this policy in recruiting, hiring, training, evaluating, promoting and terminating employees. The city’s ultimate responsibility is to ensure that the work environment is free from discrimination and harassment.
Goals and Objectives
The City will:
- recruit capable and qualified applicants, ensure that each has an equal opportunity for selection, mindful of the diversity in the City State of Texas; and
- ensure that each employee has an equal opportunity for training and career advancement programs.
This policy is designed to communicate equal opportunity for the employment of qualified persons who possess the ability to perform essential functions of the position for which they applied.
The City will:
- provide upon request a copy of the Employee Handbook, which is also available on the city’s Intranet site. Each employee will acknowledge that they have familiarized themselves with the Employee Handbook upon hire after completion of the new employee orientation;
- provide job vacancy notices to current employees by posting them both on the city’s Internet and Intranet sites. This ensures that current staff is advised of opportunities to seek advancement;
- include an Equal Employment Opportunity statement in all job vacancy notices and inform new employees of the city’s commitment to equal employment opportunity and a harassment free workplace through new hire orientation sessions to be conducted within 30 days of employment. In addition, employees are required to attend bi-annualperiodic training classes, to ensure that they are fully apprised of requirements and expectations in these areas. Upon completion of training, an employee acknowledgement of training form signed by the employee will be maintained in the appropriate file by the Director of Human Resources (DHR).City Administrator or his designee.
The EEO OfficerCity Administrator or his designee DHR shall serves as the EEO Officer and advises employees and management on EEO-related issues. The EEO officer acts as a liaison in resolving disputes. Issues discussed with the EEO Officer will be kept confidential to the extent allowable by law.
Employees who have concerns and want to discuss them with the EEO Officer are encouraged to do so. Employees are not required to discuss concerns with their supervisors; however, employees are encouraged to work within their chain of command to resolve work-related issues.
The EEO Officer will monitor any substantiated complaints to ensure the situation has been remedied.
1.4
APPLICABILITYAND SCOPE
The policies set forth herein apply to all City employees unless specifically exempted by state law, federal law or official City Council action. A person on retainer or under contract is not considered to be a City employee in the absence of a specific agreement to that affect. In cases where federal or state law or regulations supercede local policy for specific groups of employees, such laws or regulations will substitute for these personnel policies only insofar as necessary. The City reserves the right to modify or deviate from the application of the policies set forth herein in individual cases when the City Council determines same is appropriate and in the best interest of the City.
1.05
DISSEMINATIONOF PERSONNELPOLICY MANUAL
All City employees shall be given a copy of this Manual, and shall execute an acknowledgment that the Manual has been read and is understood. The acknowledgment will become a part of each employee's personnel file. Whenever this Manual is amended or revised, each employee shall be notified in writing and shall execute an acknowledgment that he or she has received a copy of the amendment or revision, and has read and understood same. Each Department shall also keep a copy available for reference by its employees.
1.06
ADMINISTRATIVEAUTHORITY
With the exception of matters specifically reserved to the City Council by law, ordinance or this Manual, the general and final authority for City administrative and personnel management rests with the Mayor, as the Chief Executive Officer of the City. The Mayor and City Council shall appoint a City Administrator. The City Administrator Mayor is the supervisor of all Department Heads and the Administrative Assistant.
The City Administrator Mayor shall administer and interpret personnel policies and procedures as they apply to all Departments and employees. This authority may be delegated as necessary and proper. The Mayor and City Council have the authority for final review and approval of all actions on matters not specifically delegated to the City Administrator Department Heads. The City Council has the final authority to hire and dismiss the City Administrator and shall give final approval to hiring and dismissal of Department heads. Except as where otherwise noted in this Manual, the City Administrator shall have the authority to hire and dismiss other employees of the City upon recommendation from a Department heademployees except for employees who have not completed their probationary periods.
Each Department Head, under the supervision of theCity Administrator Mayor, is responsible within the scope of his or her authority for enforcing the provisions of these rules and related policies and procedures in regard to matters involving his or her Department. Department Heads may prepare and enforce supplemental written personnel policies not inconsistent with these policies for the administration of personnel matters within their Department, subject to the prior approval of the MayorCity Administrator..
The Chief of Police shall develop written policies, rules and guidelines for Police Department personnel, which shall be approved by the Mayor and City Council. The provisions of the Police Policy Manual shall, to the extent possible, be consistent with the provisions of this Manual. In case of conflict, the provisions of the City of Sunset Valley Personnel Police Policy Manual shall control. The Police Chief is responsible for enforcing the provisions of the Police Policy Manual. An Organizational Chart showing currently authorized Department Heads and staff supervision responsibility is included as Appendix "B" to this Manual, and a current listing of the personnel serving in each position is maintained by the City Administrative Assistant.Administrator or his designee.
1.07
REVISION
The City Council reserves the right to unilaterally modify or rescind the policies in this Manual at any time by formal action taken at a regular or called meeting.
1.08
AT-WILL STATEMENT
Each employee of the City is an "at-will" employee who can terminate employment with the City, or be terminated by the City, at any time and for any or no reason. Nothing set forth in this Manual is intended to or shall be deemed to create a contract between the City and the employee, or to create any contractual rights relating to employment. The provisions of this Manual control over any contradictory statements made by any supervisors. Any agreements or assurances concerning the terms, conditions or duration of an individual's employment are not binding unless they are in writing and signed by the City Administrator and authorized by the Mayor.
All employees of the city are considered to be “at will.” As such, they are free to terminate their employment at any time with or without reason. In turn, the city retains the right to terminate the employment of any employee. Such termination could be effected at any time for any reason with or without cause or notice. Nothing contained in this handbook or any amendments, or any policy statement made by management or supervisory personnel, either verbal or written, should be construed as a contract between the city and the employee. Any salary figures provided to an employee in annual or monthly terms are provided in that form for convenience or to facilitate comparisons. At no time does such action guarantee employment for any period of time.
The city reserves the right to conduct post employment background checks, annually or as deemed necessary, as a condition of employment. Staff members are strongly encouraged to inform their supervisors of any arrest or criminal conviction, excluding minor traffic offenses, which would impact their background check or an evaluation of their driving record, if applicable to the employee's job duties.
1.09
EFFECTIVE DATE
This Manual was adopted on the ______18th day of August, 1992 and became effective on the 19th day of August, 1992. It supersedes any existing vacation, sick leave, emergency leave or other personnel policy or Personnel Manual provision previously approved by the City Council.
SECTION TWO
EMPLOYEE RESPONSIBILITIES
2.01
GENERAL
The City of Sunset Valley is a public tax-supported entity. It is a serviceagency to its citizens and the general public. City offices should have afriendly, yet dignified and efficient atmosphere. City employees mustadhere to high standards of public service that emphasize professionalism,courtesy and the avoidance of illegal or unethical conduct or anyappearance of illegal or unethical conduct. Employees are expected tocarry out their jobs efficiently, to maintain good moral conduct, and to dotheir part in maintaining good relationships with the public, othergovernment employees and officials, supervisors and with fellowemployees.