Addendum 1 - City of Enid

Transcription

Personnel Policies and Procedures Manual
Preface:
This manual is intended to provide information about employment policies for
employees of the City of Enid. The manual is located on the City of Enid’s website
at www.enid.org. It is the responsibility of each employee to become familiar with
the material contained in the manual. The purpose of this manual is to establish
policies that will serve as a guide to administrative action concerning various
personnel activities and transactions. They may be changed, modified,
rescinded, or suspended, from time to time, with or without notice. These
policies and procedures do not constitute enforceable rights by City employees,
create a property interest, nor do they constitute a substantive modification or
restriction on the City Manager's right to terminate or discipline any employee
for the good of the service. This manual supersedes all previous publications
pertaining to personnel policies.
These rules and regulations shall apply to Fire Department and Police Department
employees in all conditions not in conflict with the rules and regulations of the Fire
Civil Service and Police Civil Service. In case of conflict Civil Service rules shall
apply. All employees of the Police and Fire Departments who are not Civil Service
employees will be subject to the rules and regulations outlined in the City's Personnel
manual.
In the event of any conflict between the provisions of this manual and the provisions
in any applicable collective bargaining agreement, the collective bargaining
agreement shall govern in all cases with respect to employees covered by such
agreement that is not in conflict with the rules and regulations of the Fire Civil
Service, Police Civil Service, and the city charter.
Personnel Policies and Procedures Manual for the City of Enid
Table of Contents
Preface: ........................................................................................................................................... 1
Section 100. General Employment Policies................................................................................... 7
101.
Employment Policy Established by City ........................................................................ 7
102.
Equal Opportunity Employment Policy .......................................................................... 8
103.
Americans with Disabilities (ADA) and Related Laws .................................................. 8
104.
Sexual Harassment and Hotile Work Environment ........................................................ 8
105.
Ongoing Implementation/Responsibilities.................................................................... 10
Section 200 Administration/Organization .................................................................................... 11
201.
Management Rights ...................................................................................................... 11
202.
The Management Rights of the City ............................................................................. 11
203.
Purpose of Regulations ................................................................................................. 12
204.
Official Personnel File .................................................................................................. 12
Section 300 Recruitment, Applications, Disqualifications,, Testing and Appointment ............... 13
301.
Recruitment ................................................................................................................... 13
302.
Applications .................................................................................................................. 13
303.
Disqualification of Applicant ........................................................................................ 13
304.
Reinstatement of Eligibility .......................................................................................... 15
305.
Applicant Complaint Procedure .................................................................................... 15
306.
Job Qualifications and Testing...................................................................................... 15
307.
Interviewing and Screening .......................................................................................... 16
308.
Competitive Examination ............................................................................................. 16
309.
Medical Examination and Pre-Employment Drug Screen ............................................ 16
310.
Use of Applicant Pool, Appointment ............................................................................ 17
Section 400. Transfers, Promotions, Reclassifications and Employment Status
401.
Employment Status ....................................................................................................... 18
402.
Transfer ......................................................................................................................... 18
403.
Promotion...................................................................................................................... 19
404.
Reclassification ............................................................................................................. 20
401.
Dual Incumbency .......................................................................................................... 20
Section 500 Probationary Periods ................................................................................................. 21
501.
Objective ....................................................................................................................... 21
502.
Duration ........................................................................................................................ 21
503.
Dismissal ....................................................................................................................... 21
504.
Promotional Probation .................................................................................................. 22
505.
Performance Evaluation ................................................................................................ 22
Effective October 1, 2013
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506.
Disciplinary Probation .................................................................................................. 22
507.
No Property Right ......................................................................................................... 22
Section 600 Leave Provisions and other City Benefits ................................................................. 23
601.
Holidays ........................................................................................................................ 23
602.
Fire Department Holidays ............................................................................................. 23
603.
Vacations....................................................................................................................... 24
604.
Sick Leave ..................................................................................................................... 26
605.
Injury Leave .................................................................................................................. 28
606.
Family Medical Leave .................................................................................................. 30
607.
Court/Civil Leave.......................................................................................................... 39
608.
Military Leave ............................................................................................................... 40
609 .
Bereavement Leave ....................................................................................................... 41
610.
Personal Leave for Non Uniform Personnel ................................................................. 42
611.
Voting Leave ................................................................................................................. 42
612.
Other Leaves of Absence Without Pay ......................................................................... 42
613.
Applicability of Leave and Leave Records ................................................................... 43
614.
Group Insurance ............................................................................................................ 43
615.
Employee Assistance Program ..................................................................................... 43
616.
Retirement Benefits ...................................................................................................... 44
617.
Longevity Plan .............................................................................................................. 46
618.
Credit Union.................................................................................................................. 47
619.
Fitness Facility Memberships ....................................................................................... 47
620.
Wellness Program ......................................................................................................... 47
621.
Meadowlake Golf Benefits ........................................................................................... 47
622.
Tuition Scholarship for Non-Uniform Personnel ......................................................... 47
623.
Tuition Reimbursement for Fire Department Personnel ............................................... 47
Section 700 Classification and Compensation Plan...................................................................... 48
701.
General Description ...................................................................................................... 48
702.
Written Job Description ................................................................................................ 48
703.
How Persons Are Classified ......................................................................................... 48
704.
Maintenance of Classifications Procedures .................................................................. 49
Section 800 Pay Plan and Pay Provisions ..................................................................................... 49
801.
Administration of Pay Plan ........................................................................................... 49
802.
Salary on Change in Status ........................................................................................... 50
803.
Performance Evaluations & Incentive Pay ................................................................... 51
804.
Achievement Pay ......................................................................................................... 51
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805.
Shift Differential Pay .................................................................................................... 52
806.
Termination Pay ............................................................................................................ 52
Section 900 Pay Periods, Hours of Work, Overtime, Stand By/On Call Issues .......................... 53
901.
Payroll Procedures ........................................................................................................ 53
902.
Pay Periods/Pay Days ................................................................................................... 53
903.
Payroll Deductions ........................................................................................................ 53
904.
Hours of Work and Work Periods ................................................................................ 54
905.
Lunch Period and Break Time ...................................................................................... 55
906.
Overtime ....................................................................................................................... 55
907.
On Call Pay (with or without pager) ............................................................................. 56
Section 1000 Conditions of Employment/Prohibitions ................................................................ 56
1001.
Nepotism - Employment of Related Persons ............................................................ 56
1002.
Political Participation and Activities ........................................................................ 57
1003.
Gifts, Favors .............................................................................................................. 57
1004.
Payment of Taxes ...................................................................................................... 58
1005.
Oustide Employment; Potential Conflict .................................................................. 59
1006.
Attendance...........................................................................................................59
1007.
Travel Expenses ........................................................................................................ 60
1008.
Use of City Vehicles ................................................................................................. 60
1009.
Tools and Equipment, Personal Property Damage ................................................... 61
1010.
Email, Computer & Internet Use .............................................................................. 61
1011.
Courtesy to Citizens .................................................................................................. 61
1012.
Debts ......................................................................................................................... 61
1014.
Dress and Appearance............................................................................................... 62
Section 1100 Discipline and Discharge ........................................................................................ 64
1101.
Good of the Public Service Policy Statement ........................................................... 64
1102.
Immediate Removal from Service ............................................................................ 65
1103.
Progressive Discipline & Loss of Pay Disciplines ................................................... 65
1104.
Due Process ............................................................................................................... 67
1105.
Discipline Procedures ............................................................................................... 67
1106.
Disciplinary Charges ................................................................................................. 68
1107.
Other offenses that lead to lesser discipline upon first offenses ............................... 72
Section 1200 Grievance Procedures ............................................................................................. 73
1201.
Grievance Procedures/Definition .............................................................................. 73
1202.
Supervisory By-pass (Whistle Blowing) Procedure ................................................. 75
Section 1300 Separations and Exit Surveys.................................................................................. 76
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1301.
Types of Separation .................................................................................................. 76
1302.
Resignations, Job Abandonment ............................................................................... 76
1303.
Layoff/Reductions in Force ...................................................................................... 77
1304.
Dismissals ................................................................................................................. 78
1305.
Disability Separations ............................................................................................... 79
1306.
Death Separations ..................................................................................................... 80
1307.
Retirement ................................................................................................................. 80
1308.
Exit Interviews .......................................................................................................... 81
1309.
Reinstatement - Restoration Benefits........................................................................ 81
Addendum 1...............................................................................................................................
Policy on E-Mail, Computer, Text Messages, Cell Phones and Internet Use
Addendum 2...............................................................................................................................
Drug and Alcohol Testing Policy
Addendum 3................................................................................................................................
EPTA Drug and Alcohol Testing Policy
Addendum 4................................................................................................................................
Identity Theft Prevention Program Ordinance
Addendum 5...............................................................................................................................
HIPAA
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Section 100. General Employment Policies
101.
Employment Policy Established by City
The City of Enid is at-will employer and does not offer tenured or guaranteed employment.
Either the City of Enid or the employee can terminate the employment relationship at any
time, with or without cause, with or without notice.
1. City Charter Superiority
The provisions of the City Charter will supersede conflicting rules and regulations in this
Manual or in any operating procedures to implement these policies.
2. Authority of City Manager to Amend Policies and Procedures
The City Manager has the sole responsibility for granting waivers or amendments to any
administrative or personnel policy or procedure, subject to restrictions of the City
Charter, Civil Service systems, bargaining agreements, and state and federal laws. The
City Manager may also promulgate administrative directives or operating procedures to
effectuate the intent of these policies. References to the City Manager in the policies may
be substituted for his designee except as required by the City Charter.
3. Changes to Departmental Work Rules
Any new department work rule or regulation shall be furnished to the employees of the
department.
4. Applicability of Policies
The provisions in this manual shall apply to all personnel unless the provisions of any
collective bargaining agreement or contract address the topic, in which case the contract
or collective bargaining agreement prevails.
5. Policy Interpretation
The responsibilities for the implementation and interpretation of this manual are
administrative in nature and rest solely with the City Manager and not the Mayor/Board
of Commissioners. It is the responsibility of the Human Resources Director to act as an
administrative representative to the City Manager in interpreting and explaining any
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personnel policies, practices, or procedures as requested.
102.
Equal Opportunity Employment Policy
It is the policy of the City of Enid to provide equal employment opportunities to all
persons, regardless of race, color, religion, age, sex, national origin, or a disability.
The City will make reasonable accommodation to individuals with physical and
mental impairments, which do not create an undue hardship. This policy will apply to
all aspects of City government including but not limited to recruitment, selection,
compensation (salary and other benefits), promotion, training, and educational
opportunities, transfers, layoffs, rehire rights, leaves of absence and access to City
programs, services and activities.
103.
Americans with Disabilities (ADA) and Related Laws
The City shall ensure that its equal opportunity employment policies are applicable to
persons with disabilities and shall not discriminate against a qualified individual with
a disability in employment related concerns. The definition of someone with a
disability is someone with a physical/mental impairment which substantially limits
one or more major life activities: someone who has a record of such impairment;
someone who is regarded as having an impairment whether or not they do, due to
myths, fears, or stereotypes. In order to be protected by ADA, the individual with the
disability must be otherwise qualified to do the essential job functions and not pose a
direct threat to the health or safety of himself, other persons, or the public, due to the
nature of the essential job functions. The Human Resources Director will work
closely with the City Manager, City Attorney and other key persons to ensure that
ADA is being complied with in all aspects, not limited to reasonable accommodation,
testing, job descriptions, removal of barriers, etc.
104.
Sexual Harassment and Hostile Work Environment
1. Sexual Harassment and Hostile Work Environment
A. Unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature are violations of the law and City policies.
Hostile work environment can be more than a sexually hostile or intimidating
environment. Such hostile and intimidating environment can also be applicable
for a racially hostile environment or an environment that constantly belittles with
jokes, innuendo, and epithet those protected by age, sex, race, national origin,
religion, disability, etc. The same requirements that prohibit retaliation and
coercion apply to all Title VII and ADA claims.
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B. In an effort to prevent harassment or a hostile work environment the city will
affirmatively raise the subject, express strong disapproval, develop appropriate
sanctions, and inform employees of their right to rise and how to raise the issue of
harassment under Title VII. The City will develop methods to sensitize all
concerned and take all other steps necessary to prevent sexual harassment,
including offering periodic educational classes.
2. Definition
A. Harassment on the basis of sex is a violation of Section 703 Title VII of the Civil
Rights Acts. Unwelcome sexual advances, requests for sexual favors and other
verbal or physical conduct of a sexual nature constitute sexual harassment when
(1) submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment, (2) submission to or rejection of such
conduct by an individual is used as the basis for employment decisions affecting
such individual, or (3) such conduct has the purpose or effect of unreasonably
interfering with an individual's work performance or creating an intimidating,
hostile, or offensive working environment.
B. Generally sexual harassment is any unwelcome sexual advance, either verbal or
physical. Verbal harassment includes, but is not limited to, sexual comments,
suggestions, jokes or innuendoes, leering, ogling, or obscene gestures. Physical
harassment includes, but is not limited to, deliberately touching another person in
a sexual manner such as brushing against someone's body, patting, squeezing or
pinching as well as making sexual relations a condition for hiring, advancement,
retaining a position or other personnel action. Because of the potential for sexual
harassment charges by fellow employees when an employee in a supervisory
capacity dates a subordinate, any dating or more serious relationship of a
supervisor and a subordinate is strongly discouraged.
C. City employees are prohibited from sexual harassment of co-workers,
subordinates, customers, clients, vendors, prisoners or members of the public.
Cases of sexual harassment should be reported immediately to the immediate
Department Head by the victim or person witnessing the harassment.
Disciplinary action is appropriate for the behavior engaged in by the offending
employee.
D. Department Heads should make every effort to ensure that sexual harassment
does not occur in their departments and are responsible for advising their
employees as to what behavior constitutes sexual harassment and that such
behavior is prohibited. In cases where an employee, co-worker, customer, client,
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vendor, prisoner, or member of the public makes a complaint of sexual
harassment, the department head or other knowledgeable employee must
immediately forward such information, preferably in written format to the Human
Resources Director or City Manager. In the event an employee, subordinate,
customer, vendor, client, prisoner or other member of the public has made a
complaint that is not being addressed by the immediate Department Head, or
where the harassment involves the immediate Department Head, the complaint
should be referred to the next level of supervision, the Human Resources Director
or the City Manager. Failure to report allegations of harassment may result in
disciplinary action.
3. Procedure
In determining whether alleged conduct constitutes sexual harassment, the Human
Resources Director, City Attorney or other person appointed by the City Manager
or Mayor and Board of Commissioners (hereinafter “investigator”) will look at
the record as a whole and at the totality of the circumstances, such as the nature of
the sexual advances and the context in which the alleged incidents occurred. The
determination of the charges, if any, resulting from a particular action will be
made from the facts on a case-by-case basis. In reviewing these cases the
investigator will consider the extent of the employer's control and any other legal
responsibility, which the employer may have with respect to the conduct of
employees, supervisors, agents and non-employees.
Applying general Title VII principles, the City is responsible for its acts and those
of its agents, employees and supervisory employees with respect to sexual
harassment regardless of whether the specific acts complained of were authorized
or even forbidden by the employer and regardless of whether the employer knew
of or should have known of their conduct or occurrence, unless it can show that
immediate and appropriate action was taken. Therefore, all matters should be
immediately brought to the attention of the Human Resources Director and/or the
City Manager.
105.
Ongoing Implementation/Responsibilities
The City Manager shall be responsible for ensuring that subordinate managers and
Department Heads promote measures to overcome attitudinal barriers, receive the
necessary training and feedback concerning Equal Opportunity Employment;
American with Disabilities Act and Sexual Harassment and encourage commitment to
these programs.
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Section 200 Administration/Organization
201.
Management Rights
Specific areas of responsibility must be reserved to Management if the public service
mission of the City is to function effectively and if rules and regulations are to be
administered fairly, consistently, equitably, and without discrimination.
202.
The Management Rights of the City
1. Determine the nature, scope, and definition of the City organization including:
classification, selection, number retention, promotion, organization, transfer,
deployment, assignment, layoff, recall, and scheduling of employees.
2. Determine the methods, means, tools, equipment, and personnel by which operations
are to be conducted, including the right to contract and subcontract existing and future
work.
3. Determine the qualifications for employment and the nature and content of personnel
examinations;
4. Determining the safety, health and property protection measures;
5. Direct employees.
6. Discipline, suspend, demote, and/or discharge employees in accordance with policies
of the City.
7. Require as a part of normal employee development, and in order to attain at least the
minimal skills required of the classification, and in order to aid in the professionalism
and general upgrading of the department, that employees take appropriate related
training either on or off duty in order to fulfill the responsibilities of the position.
8. Take necessary measures to maintain optimum productivity in operations including
introducing new, improved, or different methods and techniques of operation;
9. Determine the necessity for and assignment of overtime in compliance with
appropriate related legislation and/or court rulings and policies.
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10. Determine the scope, priority, and amount of budget allocations.
11. Establishing, modifying and enforcing rules, regulations, policies, procedures,
directives and orders.
12. Take appropriate actions as necessary to carry out the City’s mission.
203.
Purpose of Regulations
The purpose of these policies is to provide clear and concise procedures for the
orderly administration of the personnel system of the City and to document in a
consistent manner the policies and procedures that will apply to employment with the
City. The policies are intended to promote efficiency and economy, reward
performance, provide for settlement of grievances, develop and maintain morale, and
establish equitable and non-discriminatory standards for the classification and
compensation of City employees.
204.
Official Personnel File
An official Personnel File will be maintained in the Human Resources Department on
each employee of the City and will contain documents related to the person's
employment with the City, including but not limited to, applications for employment,
personnel action forms, disciplinary actions and commendations, performance
evaluation forms, records of training and certifications, and tax withholding
information. Personnel records contain performance records which are available only
to the following for official City purposes: the employee, the employee's immediate
Department Head, a hiring supervisor for a position for which the employee has
applied; any employee in the Human Resources Department, the City Manager or his
designee who is overseeing personnel related functions, the City Attorney or his
designee and anyone who has a legitimate business need in handling the file. The
Human Resources Director will establish written protocol for internal review of
personnel files to ensure the confidentiality of the employee's Personnel Record.
Provisions of the Oklahoma Open Records Act may determine which records are
open and which are confidential. Requests for information from outside agencies will
be handled by the City Attorney, and only that information which is allowed by law
to be given out will be provided.
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Section 300 Recruitment, Applications, Disqualifications, Testing and
Appointment
301. Recruitment
The City shall actively recruit as an equal opportunity employer through:
A. Posting full-time regular status job openings and informing applicants of job
description, qualifications, and salary information. These openings shall be
posted a minimum of seven calendar days prior to filling the position or for
five calendar days for those positions that require specific on the job
knowledge and adequate skill set exists in the current workforce. If a similar
opening has been recruited within the past 90 days and there remains an
adequate applicant pool, it will not be necessary to post the position provided
the position is filled from the existing applicant pool for that position or a
similar position. (The term "similar" means two positions that have the same
job title; whether or not within the same department).
B. In all advertisements and City brochures, the City will be identified as an
equal opportunity employer to encourage all protected individuals to apply for
City jobs.
302.
Applications
All applications for City employment shall be submitted in a manner prescribed by
the City. Current employees must submit internal applications bringing their current
application up-to-date in order to be considered for promotion.
303.
Disqualification of Applicant and Removal from Applicant Pool
Applicants may be disqualified from consideration for positions and removed from
the Applicant Pool for any of the following reasons:
1. Failure to meet minimum qualifications of the position.
2. Fraud, misrepresentation, concealment, or dishonesty on the part of an applicant
on the application form or during the examination or testing process.
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3. Unsatisfactory employment or personnel record as determined by reference
checks or failure to have a satisfactory employment record.
4. Failure to take or pass the pre-employment drug test; in which case the applicant
shall not be eligible to apply for another City of Enid position for two years;
provided they cannot apply for a position that directly affects the safety of another
nor a position identified as a safety sensitive position until they can show
verification of having completed the return to duty process as defined in the
substance abuse policy and in no case, sooner than 3 years.
5. Failure to reply to any written inquiry or instruction from the hiring manager or
the human resources department within 72 hours of the request or instruction.
6. Conviction of a felony involving violence or any type of sexual offense; or recent
multiple convictions of crime, either misdemeanors or felonies, that demonstrate a
pattern of negative behavior.
7. Failure to qualify on the examination or test or failure to comply with testing
schedule and requirements (second test, if requested and authorized, may be
performed at the applicant’s expense).
8. Posing a direct threat to the health, safety, or welfare of himself, fellow workers,
or the public as demonstrated by medical exam, or psychological test or other
objective criteria.
9. Having a disability that cannot be reasonably accommodated without posing
undue hardship or failure to request a reasonable accommodation within five
business days of notice of disqualification.
10. Having been previously terminated for cause or otherwise having a record of
previous unsatisfactory service in City employment or elsewhere, of such a nature
to demonstrate unsuitability for employment in the position for which applied.
11. Nepotism, defined as being a member of the immediate family, by blood or
marriage, of any elected official of the City of Enid to three levels of
consanguinity or affinity. Immediate family is defined as spouse, child, brother,
sister, parents, stepparents, aunts, uncles, nephews, nieces, or cousins of the
elected official or is applying for a position that is in the same department where a
relative is employed or in a position that would be supervised by a relative.
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12. Prospective employees may also be disqualified for other reasons. The list above
is not intended to be all-inclusive.
304.
Reinstatement of Eligibility
An applicant or previous employee may make written request to the Human
Resources Director for reinstatement of eligibility for open positions. The Human
Resources shall present the written request to the City Manager along with
information from the employee or applicant file. The City Manager shall make a
determination of the previous employee or applicant’s eligibility status.
305.
Applicant Complaint Procedure
If a prospective employee feels that he/she has been discriminated against, he/she
shall file a complaint in writing with the City Manager or Human Resources Director
who will conduct an investigation of the complaint and report back to the person
making the complaint
306.
Job Qualifications and Testing
The Human Resources Director shall ensure that the essential functions of each job
are properly established as well as any minimum qualifications,
productivity/performance standards, physical demand characteristics (PDC) levels
and relevant working conditions. In addition, he/she shall ensure that the necessary
screening, evaluations, and test of employee fitness and past experience are job
related and consistent with business necessity and to the extent possible, free of any
discriminatory effect. For qualified individuals with disabilities, the Human
Resources Director shall ensure that the application and testing process does not
eliminate any individuals for factors not associated with the essential functions of the
job.
Internal applicants who have completed position specific physical testing within the
past 18 months may use the results on file with the Human Resources Department for
promotional purposes requiring the same or lesser PDC levels.
An applicant or employee’s skills testing results may be retained by the City of Enid
and used for consideration for other open positions. The applicant may elect to retake
a skills test, in which case the most recent scores will be used for considering the
applicants qualifications for open positions.
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307.
Interviews and Screening
Screening of applicants shall be based on the experience, education, and
qualifications of the applicant when compared to the specific duties and requirements
of the position to be filled. It shall be the intent of the City to select those persons for
positions who best meet the requirements of the job. The Department Supervisor will
screen job applications to ensure the applicants have the minimum qualifications of
the position, that the responses are correct, and references are indicative of proper
employment history. Supervisory personnel are prohibited from making medical or
other discriminatory inquiries of any kind or from attempting to ascertain on any
application form or during any phase of the application or interview process whether
an applicant has a disability or other protected status prior to an offer of employment.
308.
Competitive Examination
Competitive examinations may be given as deemed necessary. The tests may be oral,
written, or physical agility and will be used to evaluate skills and/or performance.
The criteria for competitive examination will be set forth in the job description or.
Failure to pass any test may disqualify the candidate for further consideration for that
position at that time.
309.
Medical Examinations & Pre-Employment Drug Screens
1. Post Offer Pre-employment Physicals
Post Offer Pre-employment Physicals must be job related and consistent with
business necessity. Such examinations shall be paid for by the City and shall be used
to determine fitness for duty and whether the applicant can perform the essential
functions of the job with or without reasonable accommodation. Applicants who
initially fail an exam and then want to retest for a similar position within six months
of the original examination may do so at their own expense. In the event the second
attempt is successful, the City of Enid will reimburse the applicant for the cost of the
subsequent test. Only the findings shall be provided to the Human Resources
Director or Police or Fire Civil Service Commission and may state whether the
employee can or cannot do the job and what, if any, restrictions are necessary to
determine any work restructuring or other forms of accommodations.
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2. Final Determination of Undue Hardship
Although the physicians make the medical determination relative to physical/mental
requirements of the job and any direct threat determinations, their determinations are
only recommendations subject to the decision to make reasonable accommodation or
not by the hiring authority. Only in cases of emergency may an employee begin work
prior to the medical examination, but employment is subject to passing such
examination.
Should there be a dispute concerning the exam, or should a supervisor need to be
informed as to the need of reasonable accommodation including job restructuring, the
report shall be made available to the necessary legal and supervisory personnel in the
City with a need to know.
3. Confidential Records
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 Human Resources Director to be kept in a confidential file
apart from the Personnel file except that supervisors and managers may be informed
regarding necessary restrictions on the work or duties of the employee and necessary
accommodations. First Aid and safety personnel and government compliance officers
may have access on a need to know basis. However, the results shall not be used for
any purpose inconsistent with employee privacy laws.
4. Pre-employment Drug Screens
The City of Enid is a Drug Free Workplace and as such, will require pre-employment
drug screens, which is part of the screening of applicants.
310. Use of Applicant Pool, Appointments
Appointments may be made from an applicant pool that is maintained by the Human
Resources Department except in the case of Police and Fire Civil Service
appointments where the applicant pool is the list of eligible individuals and is
maintained by the Secretary of the respective Commission.
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Section 400 Employment
Reclassifications
401.
Status,
Transfers,
Promotions
and
Employment Status
All employees shall be designated as having regular full-time/part-time, temporary,
seasonal, emergency, or military replacement status. However, regular status does
not provide an employee with any continuing status other than that which meets the
needs of service.
1. Regular Full-time Status
Regular Full-time status shall be those employees on a regularly established work
schedule for an indefinite period of time. For full time employment, it will generally
be a 40-hour schedule. It may also be anything over 28 hours per week for an
employee appointed to work regularly established number of hours per day, per week,
or per month and who has been employed to work for an indefinite period of time.
2. Part-time Status
Part time status shall be designated for employees regularly scheduled to work 28
or less hours per week. Regular part-time employees shall be entitled to receive
sick, vacation, holiday, emergency, and longevity benefits at the rate of one-half
the regular accrual if they are regularly scheduled to work 20 hours or more per
week.
3. Temporary or Seasonal Employee
Temporary or Seasonal Employees shall be those employed on a part-time or fulltime basis for a period of time less than six months in duration. Temporary or
seasonal employees will not have the benefit of paid holidays, vacation, sick leave
or other paid leave benefits with the exception of all benefits provided by the
Oklahoma State Workers' Compensation Act.
4. Emergency Status Employees
Emergency status employees shall be those employed for a very short period of
time when unforeseen events require additional City services for the protection of
the lives, safety, or health of the public or the protection of private or municipal
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property. Emergency employees may be hired by the department head upon
approval by the City Manager. Such employment shall not last longer than 5
consecutive workdays or 30 working days in any fiscal year, except when an
emergency makes it necessary to continue the appointment. The emergency is to
prevent a stoppage of public business, loss, hazard, or serious inconvenience to
the public. Emergency appointments will be reported immediately to the City
Manager including the names, dates, and reason for appointment. Whenever
possible, permission for emergency appointments will proceed the hiring of
individuals. Such hires will not be entitled to City benefits except for Workers'
Compensation.
402.
Transfers
When an employee is making an internal transfer from one department to another, whether it
be a promotion, lateral transfer or a demotion, the employee will give a two week notice to
allow time to find a replacement. The transfer may be implemented sooner at the
convenience of both departments.
The City Manager may involuntarily transfer an employee whenever it meets the good of the
service.
402.
Promotions
1. Policy
It is the policy of the City to encourage employees to improve their skills through training
or development programs and to apply for promotional opportunities. To fill vacancies
above the entry level, management prefers to promote from within and will consider
current employees with the necessary qualifications and skills, unless outside recruitment
is deemed to be in the City's best interest. However, past performance is relevant and an
unsatisfactory performance history may prevent an employee from advancement.
2. Procedure
A. All employees are encouraged to seek advancement opportunities and to obtain
promotion and career guidance from their Department Head and/or the Human
Resources Department.
B. An employee's basic eligibility for promotion will be determined by the
requirements of the new position.
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C. In the event of a promotion opportunity, interested employees may complete an
internal application and submit it to the Human Resources Department within the
stated posting time.
D. Current employee applicants for promotion will be screened and selected on the
basis of attendance and work records, performance appraisal and job-related
qualifications.
E. Employees will be allowed time off with pay for promotion interviews.
F. Employees selected for promotion will be required to take the same preemployment skills testing as external applicants. Transfers or promotions to
positions requiring the same or lower skill level or the same or lower PDC level
within the same department, will not require additional testing if the employee
being transferred or promoted has applicable testing results on file with the
Human Resources Department that were satisfactorily completed within the
previous 18 months, unless such testing is needed to determine the best qualified
applicant.
G. Promoted employees will be placed on probationary status as provided in Section
500. Neither probationary status nor its successful completion alters the basic
employment-at-will relationship.
404. Reclassification
When for the good of the service it is appropriate to reclassify positions and/or
reorganize departments to update programs and procedures, employee
reclassifications and/or transfers may be implemented. Any new position created by
a reorganization that is not filled by an employee affected by the reorganization shall
be posted.
405. Dual Incumbency
Two employees may not fill the same position at the same time. The replacement
employee will not start to work until the other employee has separated or has been
placed on some leave/layoff status and then in such latter case only with approval of
the City Manager. The City Manager may make other exceptions to this rule based
on the needs of service.
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Section 500 Probationary Periods
501.
Objective
The probationary period is part of the selection process for regular employment and
shall be utilized to closely observe the employee's work, provide opportunity to
obtain necessary training, certifications and licensing, to secure the most effective
adjustment of a new or promoted employee to his position, and to terminate any
employee whose performance does not meet the required work standards. The
Department Head shall periodically evaluate the probationer during this time to
determine the employee's progress.
502.
Duration
The normal probationary period of regular full time and regular part time employees
in their initial hire is six months; however, employees identified as Supervisory;
Management/Confidential; or Police of Fire personnel shall serve one full year of
probation. The probationary period shall begin immediately upon appointment. The
probationer shall receive an evaluation at mid-point of the probationary period. If at
the end of this period the Department Head has questions regarding the employee's
fitness for his position he/she may request an extension of the probationary period for
a period not to exceed six months. Extension of the probationary period shall be in
writing and be subject to approval of the Human Resources Director. The request for
extension shall clearly identify any deficiencies and provide a measurable plan of
improvement. The maximum duration of the probation shall not be more than twice
the original probationary period. Any continuous lapse in attendance of greater than
three weeks shall not be included in determining the duration of the probationary
period.
503.
Dismissal
Employees who do not successfully complete any probation shall be terminated
without being afforded the disciplinary procedures outlined in this policy manual.
Failure to complete probation may include inability or unwillingness to perform the
duties of the position or any other work habits or behavior that would not merit
continued service. Upon such removal, the Department Head shall forward a
document in writing to the file and to the employee removed, stating his actions and
reasons therefore. The City Manager shall take the case under review if the
probationer alleges discrimination due to any factor that violates equal employment
or public policy that includes a liberty interest (publication that damages the
reputation of the employee).
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504.
Promotional Probation
Regardless of the number of years of service with the city, an employee promoted to a
new position shall serve a probationary period of three months, during which time his
fitness for the new position shall be evaluated. Failure to successfully complete the
probationary period may result in termination; but the City at its discretion will try to
place the employee in an open position, if available. The time period for a
promotional probation may be extended for an additional three months at the
Department Head’s discretion, unless the position has licensing or certification
requirements, in such case, probation may be extended to provide the full amount of
time, as noted on the position description, necessary to obtain licensing or
certification for the position.
Promotional probation does not apply to lateral
transfers or transfers to a lower pay range, whether the transfer is voluntary or
involuntary.
505.
Performance Evaluation
The Department Head should conduct a probationary evaluation at probation midpoint, and again at least ten days prior to the expiration of the probationary period.
An employee who has not met the licensing and/or certifications as required on the
job description, or otherwise satisfactorily met the requirements of the position must
either be terminated or have their probation extended in order to obtain job
requirements. The probationary evaluation shall become a part of the employee’s
performance file.
506.
Disciplinary Probation
Regardless of the number of years of service with the City, any employee receiving
disciplinary action resulting in a loss of pay shall be placed on disciplinary
probationary status not to exceed six months.
507.
No Property Right
Completion of the probationary period does not confer on any employee any status
other than employment at will. Any employee, whether probationary or not, may be
laid off, suspended, demoted, or removed by the City Manager for the good of the
service subject to applicable provisions in these policies and civil service rules.
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Section 600 Leave Provisions and other City Benefits
601.
Holidays
The following are declared holidays for all regular full-time and part-time employees, except
for Fire Department personnel:
1. New Year’s Day (January 1)
2. Dr. Martin Luther King Day (third Monday in January)
3. President's Day (third Monday in February)
4. Memorial Day (the last Monday in May)
5. Independence Day (July 4)
6. Labor Day (the first Monday in September)
7. Veteran’s Day (November 11)
8. Thanksgiving Day
9. Friday after Thanksgiving Day
10. Christmas Eve (December 24)
11. Christmas Day (December 25)
A. If a non-FLSA exempt employee, is required to work an authorized holiday, he/she shall
receive pay at his overtime rate for the time worked and, in addition, will receive pay for
the holiday at straight time, or will receive another day off with pay at the Department
Head's discretion. Nothing prevents the parties from mutually agreeing to exchange the
holiday with another day in the same work week.
B. When a holiday falls on an employee's regularly scheduled day off, the employee will
receive another day in the same work week off or be paid an additional normal day's pay
in lieu of time off.
C. The City shall determine the date of holiday observation when a holiday falls on a
weekend and will notify employees well in advance of the holiday’s observation.
D. Part-time regular employees will receive 4 hours holiday pay if they are regularly
scheduled to work 20 hours or more per week.
E. Any employee absent without authorized leave on the day preceding and/or the day
following a holiday shall not receive regular compensation for the holiday and may be
disciplined.
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F. Holiday pay will not be paid to employees who are on leave without pay for disciplinary
reasons.
In which case, the day of the holiday will count as one of the days of
suspension. Holiday pay will not be paid to employees who are on leave without pay for
the full pay period in which the holiday occurs.
G. If a holiday falls within an employee's vacation time, it will be paid as a holiday.
H. The City reserves the right to require any employee to work on a holiday as necessary to
meet the scheduling requirements of the department. If an employee has been scheduled
to work on a holiday and fails to report for work, the employee will be ineligible for
holiday pay and may be subject to disciplinary action unless the absence has been
excused or authorized by his Department Head in the event of illness or emergency. In
such latter case, the employee must use the applicable sick or emergency leave, but is
ineligible for holiday or vacation leave.
602.
Fire Department Holidays
Employees of the Fire Department who work 24-hour shifts will receive an additional normal
shift's pay in lieu of time off for eleven designated holidays. Such pay will be prorated to a
per pay period amount. If staffing permits, employees may request the time off and the hours
would be subtracted from the total.
603.
Vacations
Vacation leave is intended to provide each regular full and part-time employee with a paid
vacation each year. Such leave should be planned and requested in writing as far in advance
as practical, in order to allow the Department Head to plan for operations of the department.
In case of conflicting requests, the Department Head shall decide which employee shall be
granted vacation on the basis of seniority, length of time since the last vacation, when the
request was made, the employee's work record, and other family concerns.
Vacation leave shall be granted on the basis of the number of regularly scheduled hours in
the standard workweek or duty week to which the employee is assigned at the time of his
vacation. Regular part-time employees will accrue vacation on a part-time basis.
1. Vacation Accrual
A. Full time employees with one year of continuous service with the City will accrue
vacation at a rate of 3.39 hours per pay period; five to nine years of continuous
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employment shall accrue at a rate of 4.0 hours per pay period; ten to fourteen years of
continuous employment shall accrue at a rate of 5.23 hours per pay period; fifteen or
more years of continuous employment shall accrue at a rate of 6.46 hours per pay
period, with a maximum accrual of two years of accrued vacation.
B. Fire department personnel governed by a collective bargaining agreement will receive
vacation as provided by the respective agreement.
C. Police governed by the collective bargaining agreement will receive vacation as
provided by the respective agreement.
D. Employees completing six consecutive months of employment may request vacation
leave up to the amount accrued at that time. Vacation leave cannot be given in
advance of accrual schedule.
E. Employees will not accrue vacation credit while on leave of absence without pay if
they are off the majority of any given pay period.
F. Employees who terminate after completion of a minimum of six months of
employment shall receive pay for available vacation leave.
G. Active employees cannot receive pay in lieu of vacation.
H. Vacation time should normally be taken within a year after it is granted. The
maximum vacation accrual is the amount earned in 2 years. No further accruals may
accrue until an employee’s vacation accrual is reduced below the maximum accrual
unless a vacation request that was made in writing at least two weeks in advance is
denied by the supervisor. As of July 1, 2013, employees who have long standing
vacation accrual excess shall be required to utilize all vacation accrued in each
respective year so as not to add to vacation accrual balances any greater than that
which existed on July 1, 2013.
I. An employee may donate a maximum of 80 hours or half of his accrued vacation
leave, whichever is less, to another employee to be used as sick leave if the employee
does not have sufficient accrued leaves to provide for an extended illness or a family
emergency or to the sick leave bank. Once given, the employee cannot accept a
return of the donated leave.
J. Employees will not be on call or subject to call during their vacations or the period of
time between their last day of work before their vacation and the first scheduled day
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of work after the vacation.
K. When compelling reasons are presented, department heads may allow vacation leave
to be taken in increments of one or more hours.
604.
Sick Leave
1. Sick Leave Defined
Sick leave shall be granted to regular employees only when unable to perform their
duties due to personal sickness or injury, and for medical, optical, or dental
appointments. Employees shall notify their supervisor before the beginning of their
work schedule of their need to use sick leave. Any such sick leave granted for
medical, optical, or dental appointment shall not exceed the actual time necessary for
the examination or treatment and reasonable travel time (as determined by the
Department Head).
One hundred sixty (160) hours of an employee’s personal accrued sick leave may be
used in a fiscal year for the sickness or injury of a member of the employee’s
immediate family. Immediate family means wife, husband, child, parent or any
relative residing with and dependent upon said employee.
2. Sick Leave Accrual
Regular full-time employees shall accrue sick leave at the rate of twelve (12)
workdays or ninety-six (96) hours with pay per year of service or 3.70 hours per pay
period. Regular part-time employees shall accrue sick leave at the rate of 1.84 hours
per pay period if they are regularly scheduled to work 20 hours or more per week.
Seasonal/Temporary employees do not earn sick leave.
A. Sick leave may not be used by an employee injured in the course of employment
with another employer.
B. Sick leave may not be converted to vacation or donated to another employee.
C. Employees absent from work for leaves without pay for over a majority of a given
pay period shall not accrue sick leave for such pay period.
D. The Department Head may require a doctor's certificate before approving sick
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leave or Family Sick Leave over three (3) consecutive days, or for any amount of
time if the Department Head has reason to believe an employee is misusing paid
sick leave.
E. Employees absent from work for more than 30 calendar days for illness or injury,
whether work or non-work related, will be required to successfully complete a
return to duty physical before returning to duty in a position that requires physical
testing.
F. Absences for a fraction or part of a day that are chargeable to sick leave in
accordance with these provisions shall be charged proportionally except as
covered by injury leave in which they will be charged in increments of not less
than a full hour.
G. The maximum accrual is 720 hours.
H. Any employee who is laid off, granted leave of absence without pay, retires or
resigns employment and is re-hired or re-instated within one year, shall have upon
his return such sick leave accrual reinstated, except for retirees who were paid for
sick leave accruals at the time of resignation. Military leave will be the only
exception to the one-year rule.
I. Illness or injury occurring while an employee is on vacation shall not be charged
to sick leave but shall remain as vacation.
J. Full time regular employees who have accrued 90 days (720 hours) of sick leave
may be eligible for an annual sick leave payback not to exceed fifteen dollars
($15.00) per day for up to twelve (12) sick leave days per year. The sick leave
buy back benefit shall only be paid for sick leave days accrued and not taken
during the fiscal year.
K. When termination of employment occurs for reasons other than retirement, no
payment for sick leave will be made.
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3. Sick Leave Usage
All full time non exempt regular employees except firefighters will be charged the
number of hours missed from their normal work schedule. Firefighters will be
charged two days (16 hours) sick leave for each full shift of absence. Absences of
less than a full shift will be charged to the nearest full hour, except firefighters will
not be charged more than 16 hours sick leave for a full 24- hour shift, nor more than 8
hours sick leave for a half shift (12 hours). Employees regularly scheduled to work
ten-hour shifts will be charged ten (10) hours sick leave for each day of absence.
Regular part time employees will be charged based on the normal work schedule.
605.
Injury Leave
1. Reporting Injuries
Any employee receiving an on-the-job injury while under the employment of the City
of Enid shall immediately report the injury to his immediate supervisor.
2. Injury Leave Policies
The City of Enid provides 124.8 hours of compensated leave for regular full-time
employees who incur injuries or illnesses, which can logically and medically be
proven to be the result of accidental injury arising-out-of and in-the-course of
employment unless there is evidence of negligence, misconduct, or a violation of
safety policy on the part of the employee, or unless the injury or illness is disputed.
Employees who are injured on the job and who fail to comply with established
requirements of the City of Enid in the timely reporting and processing of injury
reports, or who fail to cooperate with the City's physician, or who refuse to return to
light or restricted duty upon medical release shall not be eligible for paid injury leave
for any period.
3. Injury Leave Pay
Injury Leave Pay will apply to uniform personnel in accordance with State Law. For
non-uniform personnel, injury leave is regular base pay and may be utilized when an
employee is injured during the course and scope of employment and is unable to work
due to the initial injury or subsequent medical treatment and is not receiving
Temporary Total Disability Benefits (TTD).
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A. Injury leave may be used during the initial period after the injury and before
temporary total disability benefits are available;
B. Injury leave may be used while an employee is under a doctor’s care for an
occupational injury that it is determined will require surgery; in which case,
Injury leave may be used for the day of the surgery and until TTD begins;
C. Injury leave may be used for employees to attend doctor appointments, physical
therapy appointments or other necessary appointments related to a specific
occupational injury.
D. Employees will be ineligible for assignment pay while on injury leave or working
in a light duty capacity.
4. Procedures
A. Employees who are determined to be physically unable to perform assigned duties
due to injury including but not limited to on the job injury, may be placed on
leave without pay, or terminated or laid off for "disability" at the discretion of the
City Manager. The decision to terminate or lay off an employee shall be made
after consideration of such additional factors as the extent of the injury,
supportive medical information, prognosis of condition, availability of work
restructuring, and reasonable accommodation and other relevant information.
B. An injured employee shall be encouraged to return to duty at the earliest practical
date. Injured employees may be assigned to light duty by the City as determined
by the attending physician or City physician and the risk manager. Duty
assignments of this type may be made without reference to the employee's job
classification or departmental assignment. Such restricted duty is subject to
review every 30 days or more often as meets the needs of service. The restricted
duty is temporary in nature and is not to be viewed as an accommodation or
alternate position for the injured employee.
Refusal to work restricted duty
when available and medically approved will be reason to deny injury leave
benefits. Light duty shall be limited to no more than 40 hours per week unless
cleared for a specified longer work schedule by the treating physician and
approved by the City Manager.
C. Whenever medically able, injured employees shall contact their Department Head
or designee at the beginning of each week to advise the Department Head of
injury status, daily activity plans, upcoming medical appointments and/or
treatment and ability to return to restricted limited or full-duty assignments.
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D. Necessary leave with pay requested because of a recurrence or aggravation of the
original injury, previously approved for injury leave with pay, shall be charged to
the balance, if any, of the maximum allowance of 124.8 hours from the date of the
original injury. Leave for recurrence and aggravation follow the same standards
required for granting the original injury leave. Any employee who shall receive
payment for work performed for any employer other than the City while on injury
leave or while receiving TTD benefits shall be subject to termination. This
provision shall also apply to employees who are self-employed and perform work
in their private occupation while on injury leave or while receiving TTD benefits.
It is expected that an injured employee shall be recuperating from such injury and
shall not be involved in any physical activity, which could be deemed to be
injurious to the medical condition. Such activity may result in disciplinary action.
606.
Family Medical Leave
The City of Enid will comply with the Family and Medical Leave Act implementing
Regulations as revised effective February 2013. The City posts the mandatory FMLA
Notice and upon hire provides all new employees with notices required by the U.S.
Department of Labor (DOL) on Employee Rights and Responsibilities under the
Family and Medical Leave Act.
The function of this policy is to provide employees with a general description of their
FMLA rights. In the event of any conflict between this policy and the applicable law,
employees will be afforded all rights required by law.
A. General Provisions
The City of Enid will grant up to 12 weeks (or up to 26 weeks of military caregiver
leave to care for a covered service member with a serious injury or illness) during a
12-month period to eligible employees. The leave may be paid, unpaid or a
combination of paid and unpaid leave, depending on the circumstances of the leave
and as specified in this policy.
B. Eligibility
To qualify to take family or medical leave under this policy, the employee must meet
all of the following conditions:
1. The employee must have worked for the City for 12 months or 52 weeks. The 12 months
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or 52 weeks need not have been consecutive. Separate periods of employment will be
counted, provided that the break in service does not exceed seven years. Separate periods
of employment will be counted if the break in service exceeds seven years due to
National Guard or Reserve military service obligations or when there is a written
agreement, including a collective bargaining agreement, stating the employer’s intention
to rehire the employee after the service break. For eligibility purposes, an employee will
be considered to have been employed for an entire week even if the employee was on the
payroll for only part of a week or if the employee is on leave during the week.
2. The employee must have worked at least 1,250 hours during the 12-month period
immediately before the date when the leave is requested to commence. The principles
established under the Fair Labor Standards Act (FLSA) determine the number of hours
worked by an employee. The FLSA does not include time spent on paid or unpaid leave
as hours worked. Consequently, these hours of leave should not be counted in
determining the 1,250 hours eligibility test for an employee under FMLA.
C. Type of Leave Covered
To qualify as FMLA leave under this policy, the employee must be taking leave for one of
the reasons listed below:
1. The birth of a child and in order to care for that child.
2. The placement of a child for adoption or foster care and to care for the newly placed
child.
3. To care for a spouse, child or parent with a serious health condition (described below).
4. The serious health condition (described below) of the employee.
An employee may take leave because of a serious health condition that makes the
employee unable to perform the functions of the employee's position.
A serious health condition is defined as a condition that requires inpatient care at a
hospital, hospice or residential medical care facility, including any period of
incapacity or any subsequent treatment in connection with such inpatient care or a
condition that requires continuing care by a licensed health care provider.
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This policy covers illnesses of a serious and long-term nature, resulting in
recurring or lengthy absences, generally requiring absence from work for seven
calendar days or more.
If an employee takes paid sick leave for a condition that progresses into a serious
health condition and the employee requests unpaid FMLA leave as provided
under this policy, the City may designate all or some portion of related leave
taken as leave under this policy, to the extent that the earlier leave meets the
necessary qualifications.
5. Qualifying exigency leave for families of members of the National Guard or Reserves or
of a regular component of the Armed Forces when the covered military member is on
covered active duty or called to covered active duty.
An employee whose spouse, son, daughter or parent either has been notified of an
impending call or order to covered active military duty or who is already on
covered active duty may take up to 12 weeks of leave for reasons related to or
affected by the family member’s call-up or service. The qualifying exigency must
be one of the following: 1) short-notice deployment; 2) military events and
activities, 3) child care and school activities, 4) financial and legal arrangements,
5) counseling, 6) rest and recuperation, (7) post-deployment activities and 8)
additional activities that arise out of active duty, provided that the employer and
employee agree, including agreement on timing and duration of the leave.
Eligible employees are entitled to FMLA leave to care for a current member of
the Armed Forces, including a member of the National Guard or Reserves, or a
member of the Armed Forces, the National Guard or Reserves who is on the
temporary disability retired list, who has a serious injury or illness incurred in the
line of duty on active duty for which he/she or she is undergoing medical
treatment, recuperation, or therapy; or otherwise in outpatient status; or otherwise
on the temporary disability retired list. Eligible employees may not take leave
under this provision to care for former members of the Armed Forces, former
members of the National Guard and Reserves, and members on the permanent
disability retired list.
In order to care for a covered service member, an eligible employee must be the
spouse, son, daughter, or parent, or next of kin of a covered service member. A
“son or daughter of a covered service member” means the covered service
member's biological, adopted, or foster child, stepchild, legal ward, or a child for
whom the covered service member stood in loco parentis, and who is of any age.
A “parent of a covered service member” means a covered service member's
biological, adoptive, step or foster father or mother, or any other individual who
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stood in loco parentis to the covered service member. This term does not include
parents “in law.” The “next of kin of a covered service member” is the nearest
blood relative, other than the covered service member's spouse, parent, son, or
daughter, in the following order of priority: blood relatives who have been
granted legal custody of the service member by court decree or statutory
provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins,
unless the covered service member has specifically designated in writing another
blood relative as his or her nearest blood relative for purposes of military
caregiver leave under the FMLA. When no such designation is made, and there
are multiple family members with the same level of relationship to the covered
service member, all such family members shall be considered the covered service
member's next of kin and may take FMLA leave to provide care to the covered
service member, either consecutively or simultaneously. When such designation
has been made, the designated individual shall be deemed to be the covered
service member's only next of kin. For example, if a covered service member has
three siblings and has not designated a blood relative to provide care, all three
siblings would be considered the covered service member's next of kin.
Alternatively, where a covered service member has a sibling(s) and designates a
cousin as his or her next of kin for FMLA purposes, then only the designated
cousin is eligible as the covered service member's next of kin. An employer is
permitted to require an employee to provide confirmation of covered family
relationship to the covered service member pursuant to § 825.122(j). “Covered
active duty” for members of a regular component of the Armed Forces means
duty during deployment of the member with the Armed Forces to a foreign
country. “Covered active duty” for members of the reserve components of the
Armed Forces (members of the U.S. National Guard and Reserves) means duty
during deployment of the member with the Armed Forces to a foreign country
under a call or order to active duty in a contingency operation as defined in
section 101(a)(13)(B) of title 10, United States Code. (a) in the case of a member
of a regular component of the Armed Forces, duty during the deployment of the
member with the Armed Forces to a foreign country; and the leave may
commence as soon as the individual receives the call-up notice. (Son or daughter
for this type of FMLA leave is defined the same as for child for other types of
FMLA leave except that the person does not have to be a minor.) This type of
leave would be counted toward the employee’s 12-week maximum of FMLA
leave in a 12-month period.
6. Military caregiver leave (also known as covered service member leave) to care for an
injured or ill service member or veteran.
An employee whose son, daughter, parent or next of kin is a covered service member
may take up to 26 weeks in a single 12-month period to take care of leave to care for
that service member. Next of kin is defined as the closest blood relative of the
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injured or recovering service member. The term “covered service member” means:
a. a member of the Armed Forces (including a member of the National
Guard or Reserves) who is undergoing medical treatment, recuperation, or
therapy, is otherwise in outpatient status, or is otherwise on the temporary
disability retired list, for a serious injury or illness; or
b. a veteran who is undergoing medical treatment, recuperation, or therapy,
for a serious injury or illness and who was a member of the Armed Forces
(including a member of the National Guard or Reserves) at any time
during the period of 5 years preceding the date on which the veteran
undergoes that medical treatment, recuperation, or therapy.
The term “serious injury or illness” means:
a. in the case of a member of the Armed Forces (including a member of the
National Guard or Reserves), means an injury or illness that was incurred
by the member in line of duty on active duty in the Armed Forces (or
existed before the beginning of the member’s active duty and was
aggravated by service in line of duty on active duty in the Armed Forces)
and that may render the member medically unfit to perform the duties of
the member’s office, grade, rank, or rating; and
b. in the case of a veteran who was a member of the Armed Forces
(including a member of the National Guard or Reserves) at any time
during a period when the person was a covered service member, means a
qualifying (as defined by the Secretary of Labor) injury or illness incurred
by a covered service member in the line of duty on active duty that may
render the service member medically unfit to perform the duties of his or
her office, grade, rank or rating.
c. Outpatient status, with respect to a covered service member, means the
status of a member of the Armed Forces assigned to either a military
medical treatment facility as an outpatient; or a unit established for the
purpose of providing command and control of members of the Armed
Forces receiving medical care as outpatients.
C. Amount of Leave
An eligible employee can take up to 12 weeks for the FMLA circumstances (1)
through (5) above under this policy during any 12-month period. The City will
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measure the 12-month period as a rolling 12-month period measured backward
from the date an employee uses any leave under this policy. Each time an employee
takes leave, the City will compute the amount of leave the employee has taken
under this policy in the last 12 months and subtract it from the 12 weeks of
available leave, and the balance remaining is the amount the employee is entitled to
take at that time.
An eligible employee can take up to 26 weeks for the FMLA circumstance (6)
above (military caregiver leave) during a single 12-month period. For this military
caregiver leave, the City will measure the 12-month period as a rolling 12-month
period measured forward. FMLA leave already taken for other FMLA
circumstances will be deducted from the total of 26 weeks available.
If a husband and wife both work for the City and each wishes to take leave for the
birth of a child, adoption or placement of a child in foster care, or to care for a
parent (but not a parent "in-law") with a serious health condition, the husband and
wife may only take a combined total of 12 weeks of leave. If a husband and wife
both work for the City and each wishes to take leave to care for a covered injured or
ill service member, the husband and wife may only take a combined total of 26
weeks of leave.
D. Employee Status and Benefits during Leave
While an employee is on leave, the City will continue the employee's health
benefits during the leave period at the same level and under the same conditions as
if the employee had continued to work provided the employee’s share of the
premium is being paid either by payroll deduction or by person or mail.
If the employee chooses not to return to work for reasons other than a continued
serious health condition of the employee or the employee's family member or a
circumstance beyond the employee's control, the City will require the employee to
reimburse the City the amount it paid for the employer’s share of the health
insurance premium during the leave period.
While on paid leave, the employer will continue to make payroll deductions to
collect the employee's share of the premium. While on unpaid leave, the employee
must continue to make this payment, either in person or by mail. The payment must
be received in the Human Resources Department by the 15th day of each month. If
the payment is more than 15 days late, the employer will provide the employee
notice, and if the premium remains unpaid for an additional 15 days from the date
of notice, the employee's health care coverage may be dropped. The employee will
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remain ineligible for reinstatement of insurance until they have returned to duty for
90 days and met all other eligibility requirements.
If the employee contributes to a life insurance, cancer or disability plan, the
employer will continue making payroll deductions while the employee is on paid
leave. While the employee is on unpaid leave, it will be the employee’s
responsibility to make arrangements for payment of the premiums. If the employee
does not continue these payments, the provider may discontinue coverage during
the leave or as otherwise designated in the policy.
E. Employee Status after Leave
An employee who takes leave under this policy may be asked to provide a fitness
for duty (FFD) clearance from the health care provider. This requirement will be
included in the employer’s response to the FMLA request. Generally, an employee
who takes FMLA leave will be able to return to the same position or a position with
equivalent status, pay, benefits and other employment terms. The position will be
the same or one which is virtually identical in terms of pay, benefits and working
conditions. The City may choose to exempt certain key employees from this
requirement and not return them to the same or similar position.
F. Use of Paid and Unpaid Leave
An employee who is taking FMLA leave because of the employee's own serious
health condition or the serious health condition of a family member must use all
paid vacation, personal and sick leave, if applicable, prior to being eligible for
unpaid leave. Sick leave may be run concurrently with FMLA leave if the reason
for the FMLA leave is covered by the established sick leave policy.
Disability leave for the birth of the child and for an employee's serious health
condition, including workers' compensation leave (to the extent that it qualifies),
will be designated as FMLA leave and will run concurrently with FMLA. An
employee who is taking leave for the adoption or foster care of a child must use all
paid vacation, personal or family leave prior to being eligible for unpaid leave.
An employee who is using military FMLA leave for a qualifying exigency must use
all paid vacation and personal leave prior to being eligible for unpaid leave. An
employee using FMLA military caregiver leave must also use all paid vacation,
personal leave or sick leave (as long as the reason for the absence is covered by the
City’s sick leave policy) prior to being eligible for unpaid leave.
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G. Intermittent Leave or a Reduced Work Schedule
The employee may take FMLA leave in 12 consecutive weeks, may use the leave
intermittently (take a day periodically when needed over the year) or, under certain
circumstances, may use the leave to reduce the workweek or workday, resulting in a
reduced hour schedule. In all cases, the leave may not exceed a total of 12
workweeks (or 26 workweeks to care for an injured or ill service member over a 12month period).
The City may temporarily transfer an employee to an available alternative position
with equivalent pay and benefits if the alternative position would better
accommodate the intermittent or reduced schedule, in instances when leave for the
employee or employee's family member is foreseeable and for planned medical
treatment, including recovery from a serious health condition or to care for a child
after birth, or placement for adoption or foster care.
For the birth, adoption or foster care of a child, the City and the employee must
mutually agree to the schedule before the employee may take the leave
intermittently or work a reduced hour schedule. Leave for birth, adoption or foster
care of a child must be taken within one year of the birth or placement of the child.
If the employee is taking leave for a serious health condition or because of the
serious health condition of a family member, the employee should try to reach
agreement with the City before taking intermittent leave or working a reduced hour
schedule. If this is not possible, then the employee must prove that the use of the
leave is medically necessary.
H. Certification for the Employee’s Serious Health Condition or
Member’s Serious Health Condition
Family
The City will require certification for the employee’s serious health condition. The
employee must respond to such a request within 15 calendar days of the request or
provide a reasonable explanation for the delay. Failure to provide certification may
result in a denial of continuation of leave. Medical certification will be provided
using the DOL Certification of Health Care Provider for Employee’s Serious Health
Condition (http://www.dol.gov/esa/whd/forms/WH-380-E.pdf ) or DOL
Certification of Health Care Provider for Family Member’s Serious Health
Condition (http://www.dol.gov/esa/whd/forms/WH-380-F.pdf ). .
The City may directly contact the applicable health care provider for verification or
clarification purposes using a health care professional, an HR professional, leave
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administrator or management official. The City will not use the employee’s direct
supervisor for this contact. Before the City makes this direct contact with the health
care provider, the employee will be given an opportunity to resolve any deficiencies
in the medical certification. In compliance with HIPAA Medical Privacy Rules, the
City will obtain the employee’s permission for clarification of individually
identifiable health information.
The City, at its own expense, has the right to ask for a second opinion if it has
reason to doubt the certification. The City may deny FMLA leave to an employee
who refuses to release relevant medical records to the health care provider
designated to provide a second or third opinion. If necessary to resolve a conflict
between the original certification and the second opinion, the City will require the
opinion of a third doctor. The City and the employee will mutually select the third
doctor, and the City will pay for the opinion. This third opinion will be considered
final. The employee will be provisionally entitled to leave and benefits under the
FMLA pending the second and/or third opinion.
I. Certification of Qualifying Exigency for Military Family Leave
The City will require certification of the qualifying exigency for military family
leave. The employee must respond to such a request within 15 calendar days of the
request or provide a reasonable explanation for the delay. Failure to provide
certification may result in a denial of continuation of leave. This certification will
be provided using the DOL Certification of Qualifying Exigency for Military
Family Leave (http://www.dol.gov/esa/whd/forms/WH-384.pdf ).
J. Certification for Serious Injury or Illness of Covered Service member for
Military Family Leave
The City will require certification for the serious injury or illness of the covered
service member. The employee must respond to such a request within 15 calendar
days of the request or provide a reasonable explanation for the delay. Failure to
provide certification may result in a denial of continuation of leave. This
certification will be provided using the DOL Certification for Serious Injury or
Illness of Covered Service member (http://www.dol.gov/esa/whd/forms/WH385.pdf ).
K. Recertification
The City may request recertification for the serious health condition of the
employee or the employee’s family member no more frequently than every 30 days
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and only when circumstances have changed significantly, or if the employer
receives information casting doubt on the reason given for the absence, or if the
employee seeks an extension of his or her leave. Otherwise, the City may request
recertification for the serious health condition of the employee or the employee’s
family member every six months in connection with an FMLA absence. The City
may provide the employee’s health care provider with the employee’s attendance
records and ask whether need for leave is consistent with the employee’s serious
health condition.
L. Procedure for Requesting FMLA Leave
All employees requesting FMLA leave must provide verbal or written notice of the
need for the leave to the HR Department. Within five business days after the
employee has provided this notice, the HR Department will complete and provide
the employee with the DOL Notice of Eligibility and Rights
(http://www.dol.gov/esa/whd/fmla/finalrule/WH381.pdf ).
When the need for the leave is foreseeable, the employee must provide the
employer with at least 30 days' notice. When an employee becomes aware of a need
for FMLA leave less than 30 days in advance, the employee must provide notice of
the need for the leave either the same day or the next business day. When the need
for FMLA leave is not foreseeable, the employee must comply with the City’s usual
and customary notice and procedural requirements for requesting leave, absent
unusual circumstances.
M. Designation of FMLA Leave
Within five business days after the employee has submitted the appropriate
certification form, the HR Department will complete and provide the employee with
a written response to the employee’s request for FMLA leave using the DOL
Designation Notice (http://www.dol.gov/esa/whd/forms/WH-382.pdf ).
N. Intent to Return to Work from FMLA Leave
On a basis that does not discriminate against employees on FMLA leave; the City
may require an employee on FMLA leave to report periodically on the employee’s
status and intent to return to work.
607.
Court/Civil Leave
Employees shall be given time off with pay when performing jury duty or when
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required via a subpoena to serve as a witness in any court of law. For any days the
employee is released early, he/she shall immediately report back to work. Employees
involved in court in a personal case may be granted leave but the time off shall be
charged as accrued vacation or personal leave time. Employees shall immediately
inform their supervisor of any requirement to serve on a jury or any subpoena they
receive.
608.
Military Leave
1. Scope of Policy
Provided however, if any of the following provisions are inconsistent with any law,
the law shall supersede. In the event that any of the City's full-time employee
reservists or Members of the National Guard receive orders to duty in the Armed
Forces, the following procedures will apply. The City of Enid Military Leave exceeds
that which is required by state law, 44 Okla. Stat. 209.
2. Leave with Pay
When ordered by proper authority to service, an employee will be placed on a leave
of absence with no loss of seniority. An employee is entitled to leave with pay of 300
hours per federal fiscal year (October 1-September 30.) Twenty four hour fire
personnel are entitled to receive 14 shifts. Any military leave previously granted to
the employee in the current federal fiscal year will count toward the maximum 300
hours or 14 shifts for 24 hour fire employees.
If an employee is to be off for more than 300 hours or 14 shifts for fire personnel,
they may request usage of accrued vacation or other exchange time for that time
which is not paid. However, use of sick leave is not authorized for military leaves of
absence. As with any leave of absence, vacation and sick leave accruals will stop
after the employee has been on leave without pay for a major portion of the pay
period.
3. Job/Seniority Rights
Under the Veterans' Reemployment Rights law, an employee who is called to military
service is entitled to return to his former position or a like position after being
released from duty provided the employee meets the eligibility criteria as covered by
the U.S. Department of Labor. After separation from active duty, the reservist or
guard member has up to 90 days to contact the City for reemployment. According to
federal regulations, the 90-day rule is subject to individual consideration based on the
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employee's military orders. The employee is entitled to any seniority credit that
would have accrued to current employees had he/she not gone into active service.
4. Continuation of Benefits
When the reservist or member of the National Guard is ordered by proper authority to
service, the portion of the employee's health, dental and life insurance coverage
provided by the City will remain in effect as would any other person off on a leave of
absence for a maximum of six months. The employee may elect to continue his
dependent health or life insurance with the City by making the necessary
contributions. It is the responsibility of the employee to make the premium
contributions required to keep this coverage current since no payroll deductions will
be made during the leave of absence. Employees should contact the Human
Resources Department to establish a payment schedule.
5. Administrative Procedures
Upon notification of an order to service, the department head must initiate a Request
for Personnel Action Form in order to place the employee on a military leave of
absence. Include the date the employee's leave begins, the number of hours of
military leave to be paid (or indicate leave without pay), the employee's anticipated
date of return to work and copy of the orders, if known and available. Prior to
departing for leave that is in excess of 30 days, the employee must contact the Human
Resource Department to make arrangements for the continuation of health and/or
dental insurance. Failure to pay insurance premiums while on unpaid leave status will
result in a loss of coverage. Upon the employee’s return, the military orders must be
returned to the Human Resources Department along with a Personnel Action form to
reinstate the employee.
Departments who wish to backfill the position are encouraged to hire a part-time or
full time temporary employee to fill the position formerly occupied by the reservist or
guard member who is called into duty. In situations where a regular, full-time
employee is justified, the vacant position may be filled; however, a position must be
created for the reserve, or guard member upon his/her return, until another vacancy
occurs. Permission to fill the position must be obtained from the City Manager.
609.
Bereavement Leave
When a member of a non-uniformed employee's immediate family dies the employee
may be granted paid bereavement leave not to exceed a total of six (6) days per fiscal
year. Eligible part-time employees are limited to three (3) days per fiscal year.
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Immediate family as applied to this section consists of the following: wife, husband,
child, brother, sister, parents, aunt, uncle, father-in-law, mother-in-law, grandmother,
grandfather, grandchildren, brother-in-law, sister-in-law, son-in-law, daughter-in-law,
grandmother-in-law, grandfather-in-law, or any relative residing permanently with
and dependent upon said employee. For funeral attendance of individuals not falling
within this definition, the employee may request use of vacation or personal time.
610.
Personal Leave for Non-Uniform Personnel
When it is necessary to take care of personal or business activities during the normal
work schedule, full time non-uniform employees may request personal leave.
Personal leave may be taken in increments of one or more hours and may not exceed
sixteen hours per fiscal year, except for those employees regularly scheduled to work
10 hour days will receive 20 hours of personal leave. Personal days must be used
within the fiscal year and may not be carried over to the next fiscal year.
1. The approval of personal leave must be approved by the department head and is
subject to the needs of the department.
2. Pay in lieu of personal leave will not be granted. Personal time can only be used by
the employee and cannot be donated.
611.
Voting Leave
Any employee eligible and registered to vote in any election held within this state, or
any primary election held in preparation for such election, shall on the day of such
election be entitled to leave from duty at such time that would allow two hours of
open polling. This section shall not apply to a voter on the day of election if there are
two successive hours while the polls are open, in which he/she is not on duty. The
Department Head may specify any two hours between the time of opening and
closing of the polls during which an employee may be granted voting leave.
Employees may be required to show current registration cards to their Department
Head prior to release for voting purposes; and no employee shall be granted time off
with pay for voting who is not eligible to participate in a given election.
612.
Other Leaves of Absence without Pay
The City Manager with the recommendation of the Department Head may grant an
unpaid leave of absence for any other reason for the good of the service. Such leave
may not exceed ninety (90) days.
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613.
Applicability of Leave and Leave Records
All the leaves of absences referred to above are available to regular full time
employees. All requests for leaves of absences must be submitted prior to the
beginning of such leave of absence and receive approval of the Department Head.
Department heads may not grant unpaid leave without prior approval of the City
Manager.
The Payroll Officer shall maintain a leave record showing for each employee: (1)
annual leave earned, used and unused; (2) sick leave earned, used and unused; and (3)
any other leave with or without pay.
614.
Group Insurance
A. City of Enid group benefits include health, vision, dental, and life insurance
available to all full time employees after 90 days of full-time employment.
Department Heads and Administrative Staff are eligible on their date of
employment.
B. Annually the Human Resources Director shall review the insurance plans and
determine the applicable portion to be charged for employee and dependent
coverage. All employees, except those who have proof of major medical
coverage must participate in the City of Enid’s Health Insurance program.
Dependent coverage is optional. Dental coverage will be offered to all full time
employees; however, participation in the plan is optional.
C. Covered employees will be furnished with an identification card and a benefit
summary explaining the benefits provided
D. Flexible Benefit Plan Option: Full-time employees are eligible for a variety of
benefits under the City's flexible benefits program. Some of these are:
Accidental Death and Injury Insurance, Universal Life Insurance, Cancer
Insurance, Dependent Care Assistance Program and Reimbursable Medical
Expenses Plan. Employees may elect to have a portion of their salary withheld to
pay for any or all of the optional benefits.
615.
Employee Assistance Program
The City of Enid offers an Employee Assistance Program (EAP) to its employees and
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their families. The program is designed to assist employees and their families with
support and help in such areas as marital, financial, alcohol, drug, and emotional or
other personal concerns. All employees and their immediate families are eligible to
participate in the EAP. Immediate family shall be defined to include the employee's
spouse and dependent children. The City will provide for the first six visits per
family member. If further professional help is indicated, the provider will work with
insurance carriers.
616.
Retirement Benefits
1. Defined Benefit & 401(k)
The City of Enid will appoint a Retirement Committee for the purposes of
providing advisory oversight of the Defined Benefit Pension Plan and the City of
Enid 401(k) Supplemental Plan. The Committee will consist of the City Manager,
Chief Financial Officer, the Human Resources Director and at least one eligible
and participating employee. Each plan is governed by the Plan Document on file
with the City Clerk and the Human Resources Director.
2. 457 Plan
The City of Enid offers a 457 plan to provide an additional retirement investment
opportunity for all employees. The plan is funded through employee contributions
and those contributions may be withdrawn at the time of separation of
employment.
A. Eligibility for Participation
Defined Benefit Plan: All regular full time employees (except Police and
Fire personnel who fall under the Civil Service Commission and State Pension
systems) participate in the Defined Benefit Pension Plan on the first day of
the month after completing one year of service and attaining the age of 21.
401(k) Plan: All regular full time employees (except Police and Fire
personnel who fall under the Civil Service Commission) who meet the age
requirement are eligible to participate in the 401 (k) with no service
requirement.
457 Plan: All regular full-time employees are eligible to participate in the
City of Enid’s 457 plan.
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B. Account Contributions
Defined Benefit Plan: The City contributes the amount necessary to provide the
funds in the Defined Benefit Retirement Plan.
401(k) Plan: Employees may elect to make voluntary (401k) contributions of up
to 25% of base monthly salary. The City will make additional contributions to the
accounts of employees who make voluntary contributions. The City of Enid will
determine the amount of the city matching contributions annually through
appropriating such funds in the annual budget.
C. Retirement
Normal retirement under the City's plan is at age 65 with the following
exceptions:
1. Employees may continue service with the City after age 65 and may apply
these years of service to their credited service for the pension plan.
2. Employees who are 59 or older at employment may elect to not participate
in the plan.
3. Early retirement - An employee may retire with reduced benefits after
attaining age 55 provided he/she has completed at least 5 years of
participation in the plan.
4. Plan of 85 - An employee whose years of participation and age equals 85,
may retire with no reduction in benefits.
5. Employees may retire at age 62 with 15 years of participation in the plan
with no reduction in benefits.
3. Police and Fire Pensions
Pension plans for non-civilian members of the fire and police departments
who are eligible for participation in their respective pensions plans are
established and regulated by State laws.
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617.
Longevity Plan
The following longevity plan has been established and shall be calculated based upon
years of continuous full-time service with the City of Enid as of June 1st and
December 1st of each respective year. Part time employees regularly scheduled to
work 20 hours in a week, are eligible to receive longevity at half of the scheduled
amount. Longevity shall be paid in two installments; one in December and one in
June. An employee who retires from service or resigns from employment in good
standing after 20 years of continuous service shall have the final longevity installment
pro-rated according to the number of months worked since their last longevity
installment. An employee shall be required to work at least fifteen (15) days during
his or her last month in order for that month to be included in the pro-rated
calculation. For purposes of determining continuous service, lapses in employment
of less than a year or lapses caused by a layoff and a subsequent rehired during the
recall period will not be considered to be a break in service.
Years of Service
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Annual Amount
250
338
425
513
600
688
775
863
950
1038
1125
1213
1300
1388
1475
1563
1650
1738
1825
1913
2000
Semi-Annual Amount
125
169
213
256
300
344
388
431
475
519
563
606
650
694
738
781
825
869
913
956
1000
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618.
Credit Union
Employees are eligible to join Tinker Credit Union upon employment. Applications
for membership are made available at the local office.
619.
Fitness Facility Memberships
The City of Enid purchases a limited number of corporate memberships to the
Y.M.C.A. and/or other fitness facilities. This allows full time City employees the
opportunity to receive the corporate discount off any Y.M.C.A. membership for a
single employee or family. Wellness dollars may also be applied to fitness club
memberships. Corporate discounts are available on a first come, first serve basis.
620.
Wellness Program
The City provides each employee who elects to be covered by the City of Enid Health
Insurance program with an annual subsidy ($70.00 for employees with single health
insurance coverage and $100.00 for employees with family coverage) as “wellness
dollars.” The subsidy can be applied to any of the options available in the Wellness
Program. The Human Resources Department will arrange for the use of wellness
dollars at a variety of local fitness and wellness program providers. Additionally, as
part of the Wellness Program, the City of Enid annually offers a Health and Wellness
Fair that provides certain medical services designed for the early detection of health
concerns. Employees covered under the City of Enid’s group health insurance plan
are encouraged to participate in this activity.
621.
Meadowlake Golf Benefit
City employees are eligible for a discounted membership rate at Meadowlake Golf
course, as established by municipal ordinance. The employee may apply Wellness
Dollars to the membership cost.
622.
Tuition Scholarships for Non-Uniform Personnel
Non-uniform, non-probationary employees that have not had discipline imposed
within the last twelve calendar months are eligible to receive tuition for college level
or trade educations courses at 75% of their tuition costs and college-imposed fees up
to $1,000.00 per semester. Tuition must be requested in advance in writing and
requires City Manager approval. Tuition is limited to the actual costs of tuition, fees
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and required books. Courses must be taken at an accredited college, university, or
vocational-technical school. To be eligible for the scholarship, courses must be
applicable to a degree or certification program. Employees are required to submit
verification of enrollment for the first semester.
Thereafter, employees must submit certification of completion, grades and transcripts.
All course work must be completed with at least a “C” to qualify for a scholarship for
another semester. If the employee received all ‘A’s on the course work, the employee
will receive 100% of their tuition costs up to $1,000.00 for the next semester they
participate. Employees will be obligated to continue employment with the City for a
minimum of twelve months from the final day of the semester. If not, the employee
will be responsible for reimbursing the City of Enid for the costs by deduction from
the final check and private pay for any remaining balance.
623. Tuition Reimbursement for Fire Department Personnel
Non-probationary Fire Department employees who have not had discipline imposed
within the previous 12 months may request reimbursement of 50% for costs for
completion of formal job related education given by an accredited vocationaltechnical school, college, correspondence, or the equivalent, provided that prior
written approval of the Fire Chief and City Manager has been obtained and the course
is completed with a "B" grade average or better. Employees will be required to
submit certificates of completion, grade transcripts and paid receipts. They will also
be obligated to continue their employment for a minimum of twelve months
following completion of the course or such amount that was paid shall be deducted
from the employee’s final check or the employee may be liable for any remaining
balance.
624.
Job Related Training
Subject to annual appropriation, supervisory employees may provide work related
and job necessary training in the form of short courses, workshops, conferences and seminars
to personnel in order to learn new skills and techniques beneficial to the organization’s
advancement. Such training shall be at the City’s expense and compensation shall be in
accordance with the provisions of the Fair Labor Standard Act. Necessary travel and related
expenses shall be paid in accordance with the City of Enid Purchasing Manual.
Section 700 Classification and Compensation Plan Purpose
The Classification plan provides an inventory of all positions in the City service that are
sufficiently alike in duties and responsibilities to be called by the same descriptive title, to be
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accorded the same pay scale and to require substantially the same qualifications.
701.
General Description
The Classification Plan shall consist of a list of positions arranged in a hierarchy according to
duties and responsibilities with pay grades or ranges for each position or group of positions.
Positions may be reclassified as necessary based on a change in the duties and
responsibilities or a change in the relationship between various positions.
702.
Written Job Description
The basis of the Classification Plan shall be a written job description for each position
detailing the essential functions, duties, responsibilities, and requirements for the position.
Positions that are similar may be classified together. A statement of qualifications for the
position including minimum qualifications shall also be a part of the position description.
The job description shall include such things as necessary licenses, certificates, and special
working conditions.
703.
How Persons Are Classified
Placement in the classification plan shall be determined by an analysis of each position and
the determination of its relationship to other positions based on the duties and responsibilities
required. In general, the greater and more complex the duties and responsibilities of a
position, the higher it is classified.
704.
Maintenance of Classifications Procedures
The Human Resources Director under the direction of the City Manager shall check the
classification of positions periodically and shall eliminate or combine existing positions or
establish new ones as the needs of the service may require. An employee may at any time
submit a written request to the Department Head who will transmit it to the Human
Resources Director for review of the classification whenever there is a significant change in
the nature of work requirement or job responsibility. An increase in workload is not
justification for a position reclassification. Requests for reclassification should include a
completed job description worksheet and position description questionnaire. The Human
Resources Director will review the requests; compare the position with other internal
positions as to nature of work, level of difficulty and responsibility and other factors not
limited to market comparability. A recommendation will then be submitted to the City
Manager for consideration.
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Section 800 Pay Plan and Pay Provisions
801.
Administration of Pay Plan
1. Annual Review
Each year as part of the budget process, the City Manager or designee shall review
the pay plan and make necessary adjustments, subject to budgetary approval by the
City Commission. The Human Resources Department is responsible for coordinating
the continuing internal review of all wages and salaries. This includes wage and
salary surveys, review of the Consumer Price Index, and market conditions to
evaluate the relative competitive position of the City's pay structure.
2. New Employee Placement
New employees shall be placed at the entry level Step 1 of the range except where
their previous experience, education, or training would allow for a higher entry-level
range. Such placement must be justified by the hiring Department Head to the
Human Resources Department who shall make a recommendation to the City
Manager for a final decision.
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802.
Salary on Change in Status
1. Promotion
An employee promoted to a higher-level position shall receive a four percent (4%)
pay increase to the base salary or the entry-level amount of the pay-range of the new
position, whichever is greater.
2. Transfer
Transfers from one position to another position at the same range will not result in an
increase in pay unless approved by the City Manager. If an employee requests a
transfer to a position that is at a lower range than the current position, his new pay
may be adjusted accordingly.
3. Involuntary Demotion
Discipline or failure to maintain the requirements of the position may result in a
position demotion with an appropriate reduction in pay.
4. Interim Adjustment
Hourly employees who are serving an interim promotional appointment (exceeding
fifteen calendar days in continuous duration) shall receive a four percent (4%) pay
increase to their base salary or the entry-level amount of the pay-range of the new
position, whichever is greater, for the period of the temporary promotion past the
initial 15 calendar days; providing the following conditions are met:
A. The position being filled is higher in the municipal pay plan;
B. The employee has the necessary qualifications and is fulfilling all of the
responsibilities of the position;
C. The position is temporarily vacant due to competing requirements or the
employee who fills the position is on extended leave or on a light duty
assignment.
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Interim promotion into a FLSA exempt position that supervisors other employees
will not require a fifteen day wait period for interim pay, provided the
appointment is expected to exceed 16 calendar days.
The selection of an
employee for a temporary placement shall be made at the discretion of the City.
The City will not rotate employees in and out of a temporary assignment in order
to avoid the payment of temporary interim pay. An employee temporarily placed
in a different job shall have the same FLSA classification (exempt or non-exempt)
as the position he/she is filling.
803. Performance Evaluations and Incentives
Non-probationary full-time FLSA non-exempt positions, not otherwise covered under
a Collective Bargaining Agreement, shall be considered for an annual performance
incentive based on an evaluation system approved by the City Manager. The system
may include an evaluation review committee selected by the City Manager. The
system shall provide for the identification of employees who are performing below
standard; meeting standard; above standard or setting standard. Employees
performing below standard must improve before further consideration for a
performance incentive. Employees performing at standard; above standard or setting
standard are eligible for an annual performance incentive at an amount determined by
the City Manager. The one time performance incentive shall be paid on the second
pay date in January. Non-probationary part-time FLSA Non-exempt positions, not
otherwise covered under a Collective Bargaining Agreement, shall be considered for
an annual performance incentive based at ½ of the performance pay incentive
available to full-time employees.
Non-probationary FLSA exempt positions are eligible for performance incentive at
the discretion of the City Manager.
804.
Achievement Pay (AP)
The City will provide a one-time pay to employees who obtain licensure or
educational achievement which is directly related to their position, but beyond the
requirements listed on their job description, as follows:
Masters Degree
Bachelors Degree
Associates Degree
Licensure
$500
$400
$300
$150
Class A Water/Wastewater
Class B Water/Wastewater
Class C Water/Wastewater
$200
$150
$100
Licensure shall not include any class of driver’s license. An employee can only
receive on AP and may not receive the same AP pay more than one time. An
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employee who qualifies for more than one AP pay in the same 12 month period will
be paid the greater amount. Employees must provide written evidence of the
achievement to the Human Resources Department.
805.
Shift Differential Pay
For those departments who have hourly positions regularly scheduled to work shifts
that cover a 24-hour period and are not governed by a collective bargaining
agreement, the following shift differential pay rates will apply to the regular hourly
salary:
1st shift
2nd shift
3rd shift
Regular hourly rate only
Regular hourly rate + 25 cents per hour
Regular hourly rate + 40 cents per hour.
Or, in the case of 12 hour shifts:
1st shift
2nd shift
Regular hourly rate only (6:30 am to 6:30 pm)
Regular hourly rate + 40 cents per hour (6:30 pm to 6:30 am)
Regularly scheduled shifts shall mean those employees who are budgeted within that
department and are assigned to work a specified shift. Shift differential shall not
apply to employees regularly assigned other job duties who volunteer to work extra
hours or duties.
806.
Termination Pay
A. The Human Resources Director or City Manager, after consultation with the
Department Head and after reviewing the records, shall notify the payroll clerk
relative to the amount of termination leave pay to be included in the final check of
the employee, which will be due and payable on the next regular pay day
following the employee's termination.
B. Employees leaving the City employment after having been employed at least six
(6) months shall be paid for accumulated vacation.
C. In order to terminate employment in good standing, full time regular employees
are required to give at least ten (10) work days or two weeks’ notice, and parttime employees, at least five (5) working days notice prior to the effective date of
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resignation.
D. Severance pay requires City Manager authorization.
E. An employee leaving the City service, whether through resignation, layoff, or
dismissal, is responsible for returning any City property that he/she may have in
their possession. The employee's final check may be adjusted to cover the value
of City property not returned.
F. If the terminating employee has not met the time requirement provided in regard
to education cost, the employee will be required to pay the City back by deduction
from the final check.
Section 900 Pay Periods, Hours of Work, Overtime, Stand By/On Call
Issues
901.
Payroll Procedures
The City of Enid utilizes electronic time keeping to maintain precise records of time
worked and any absences. Employees must time in within 7 minutes of shift
beginning and time out within 7 minutes of shift end, unless otherwise authorized by
the department head.
902.
Pay Periods/Pay Days
Paydays are every other Friday and will be paid by direct deposit. Adjustments are
made when a holiday falls on a payday. Work periods may be set based on individual
department schedules. FLSA pay periods for purpose of overtime will not follow
normal City pay periods but will be governed by law, practice or contract.
903.
Payroll Deductions
Deductions for Social Security, Federal and State Income Taxes and State Retirement
plans are mandatory in amounts specified by law. In addition, the City will deduct
for health insurance and other payments recognized and authorized by the City. Any
employee may provide for union dues to be deducted from their payroll earnings by
signing a card provided by any union to effect such deduction. The deduction shall
continue in effect until revoked by the employee in writing.
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904.
Hours of Work and Work Periods
The normal hours of work for a full time regular employee shall be 40 hours a week
(8 hours per day 5 days a week). Some departments may have personnel assigned to
four 10 hour days per week. Firefighters work every other day for 3 shifts then have 4
days off. The following work periods are as follows:
1. Fire Department Uniformed and/or Civil Service Classes
The basic work period shall be each sequence of 27 consecutive calendar days
constituting a single tour of duty and comprising nine (9) twenty-four shifts or 216
duty hours per each work period. The schedule of work shall be so arranged so as to
satisfy the requirements of the aforementioned work period while allowing three
twenty-four hour duty shifts every 9 days. In compliance with the Fair Labor
Standards Act (FLSA), the maximum number of allowable hours to be worked in a
27-day work period before overtime compensation must be paid is 204. The
aforementioned work period shall apply to all fire department uniformed and/or civil
service appointments excepting the Chief of the department and the following staff
officer personnel: Fire Marshall, Assistant Fire Marshal, and Training Officer whose
basic work period shall be each sequence of 28 consecutive calendar days constituting
a single tour of duty and comprising twenty (20) eight hour duty shifts or 160 duty
hours per each work period. The schedule of work for those assigned a 28-day work
period shall be so arranged so as to allow a five-day workweek at eight consecutive
hours per day worked.
2. Police Department Uniformed and/or Civil Service Appointments
See Collective Bargaining Unit Agreement.
3.
Standard Work Week
Except by practice or other arrangement, the basic workweek shall be each sequence
of seven (7) consecutive calendar days from 12:00 a.m. on Monday to the following
Sunday at 11:59 p.m.
4.
Nine Day Work Period
Non-probationary, FLSA exempt personnel who are required to attend departmental
meetings, City Commission meetings or other assignments outside of the normal
work hours may elect to work a 9 day work period if so approved by the City
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Manager.
905.
Lunch Period and Break Time
With the exception of the Police Department, 24 hour personnel and fire department
emergency operators’ employees will be permitted a lunch period one hour in length
and may receive two 20 minute paid rest breaks; one in the first half of the work day
and one in the second half of the work day. Breaks and lunch hours may not be
combined to allow for extended time from job duties without written supervisor
approval. The omission of a break is not grounds for leaving work early or extra
compensation.
906.
Overtime
In compliance with the Fair Labor Standards Act (FLSA), the City of Enid will
identify positions which are exempt from the FLSA and those which are not exempt.
A position’s FLSA status will be identified on the job description. To comply with
FLSA standards, accurate records showing hours worked must be maintained on all
exempt and non-exempt employees. Department Heads are responsible for
monitoring the work activities of employees and reviewing the time records of every
employee to ensure that employees are timed in and compensated for all work
benefitting the City of Enid. Overtime must be authorized by the Department Head.
Non-exempt employees are not allowed to conduct work related activities on their
City email accounts, or other work activities, outside of their normal work hours.
1. The Department Head shall approve all overtime prior to the time it is worked or as
otherwise allowed by Administrative Policy. FLSA Exempt positions are paid on a
weekly salary basis and shall not be paid overtime.
Exempt positions will be
required to use available accrued leave time for any absences of a full day and not be
charged leave time for absences of less than a full day. Non-exempt positions are
those which shall be eligible for the earning of, accrual of, or credit for overtime at
the rate of one and one-half (1 1/2) times the regular hourly rate if not taken in the
same work week/pay cycle, time off at the same rate if exchanged during the same
work week/pay cycle, or as required under the Fair Labor Standards Act. The
Department Head in conjunction with the employee shall determine whether overtime
pay is provided to any employee subject to an overtime assignment.
2. Overtime shall mean all time worked in excess of forty (40) hours in the designated
work week. Authorized hours when no work is performed due to holiday, vacation,
illness/disability, or other similar cause cannot be credited as hours worked to entitle
one for FLSA overtime. All earned overtime shall be recorded and processed on
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appropriate payroll records for payment to eligible employees.
All regular overtime compensation shall be made at a time-and one-half (1 1/2) for
each eligible over time hour. Regular rate of pay shall include regular wages,
longevity, and on call pay, or any other incentive pay, etc.
Overtime compensation shall not be paid more than once for the same hours under
any provision of this manual; collective bargaining agreement, state or federal law.
907.
On Call Pay
1. All employees eligible for overtime shall be paid $.75 per hour while they are on call
and available for work at the request of a Department Head. (Police and Fire are
excluded from "on call" provisions in this policy). Employees who are on call shall
be provided with cell phones and are free to conduct personal business subject to
being available to respond to a call out within 30 minutes. Employees on call must
not be in violation of the City of Enid Drug and Alcohol policy.
2. Employees who are called into work while on call and any additional employees
necessary for such emergency work whether they be on call or not shall receive a
minimum of two hours pay to handle the call. Only one 2-hour minimum will be paid
even if other call-outs occur within the 2-hour minimum time.
3. Employees required to remain at home without a beeper will be entitled to such
payment as covered by FLSA.
Section 1000 Conditions of Employment/Prohibitions
1001. Nepotism - Employment of Related Person
No person shall be hired, promoted, or transferred to a position, which is under the
supervision of a relative. For purposes of this rule, relative includes spouse, child,
parent, brother, sister, son-in-law, daughter-in-law, parent-in-law, brother-in-law, and
sister-in-law.
Supervisory relationship includes immediate and intermediate
supervisor, division head, and department head. In addition, persons related as
defined above should not be permitted to work in the same department except where
for the good of service the City Manager determines it does not create a potential
conflict. In cases where relationship is created by marriage which would constitute a
violation of this section, the persons involved shall be given a period of six months to
resolve the conflict by reassignment, transfer, resignation, etc. The final decision
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relative to potential conflict will rest with the City Manager. This policy shall not
apply to any employee hired prior to July 1, 1992.
1002. Political Participation and Activities
1. Hold position
No employee shall continue to hold a position with the City after having filed for
election for Mayor or Board of Commissioners of the City of Enid.
2. Other Office
No employee shall hold any other public office filled in a partisan election. Any
employee may hold any appointive public office or public office filled in a nonpartisan election when the holding of such office will not interfere with such
employees' duties for the City of Enid.
3. Solicitation
No employee shall solicit contributions for any political office, cause, or party from
any employees during any time at which the employee is performing paid services for
the City. No employee of the City shall attempt to coerce, command, advise, or
dissuade an employee to or from giving, lending, or contributing anything of value
for political purposes.
4. Other Rights
Nothing contained herein shall be construed to prevent the exercise of the rights of
employees as citizens to express their opinions and cast their votes.
1003. Gifts, Favors
1. Gifts for Appointments
No person seeking appointment to or promotion in the service of the City shall either
directly or indirectly give, render, or pay money, service, or other valuable things to
any person for, on account of, or in connection with a test, appointment, proposed
appointment, promotion or proposed promotion; provided however, that the provision
hereof shall not apply to payments made to duly licensed agencies.
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2. Receipt from 3rd Parties
No reward, gift, favor, or emolument of value or other form of remuneration in
addition to regular compensation shall be received by any employee for the
performance or non-performance of duties from any vendor, contractor, individual or
firm, or from any source having or proposing to have any relationship with the City.
For further clarification, refer to the City of Enid Purchasing Manual.
3. Value Defined
Value shall be defined as any item or service which could be exchanged for a
substantial amount of money, goods, or services; or is offered for the purpose of
persuading a City employee to not be impartial in his decision, when such receipt if
discovered by an outside party would indicate something of value.
4. Financial Interest
Except as otherwise provided by this section no employee, or any business in which
said employee or spouse of the employee has a proprietary interest, shall engage in:
A.
Selling, buying, or leasing property, real or personal, to or from the
municipality.
B.
Contracting with the municipality.
C.
Buying or bartering for or otherwise engaging in any manner in the
acquisition of any bonds, warrants or other evidence of indebtedness of the
municipality.
Proprietary interest means ownership of more than twenty-five percent (25%) of the
business or of the stock therein or any percentage which constitutes a controlling
interest but shall not include any such interest held by a blind trust.
1004. Payment of Taxes, etc.
No person shall be entitled to employment with the City who is in arrears for any City
obligation (taxes, court orders, utility bills, parking tickets, traffic citations, etc.). The
definition of arrears will be reviewed by the City Manager taking into consideration
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the totality of circumstances.
1005. Outside Employment; Potential Conflict
Employment with the City shall be considered the primary employment of all fulltime employees. A City employee may not accept any other employment or pursue a
business enterprise which might in any way interfere with their regular duties or
render them inaccessible if and when subject to call for duty. No employee shall
engage in any employment activity or enterprise that is determined by the City
Manager to be inconsistent or incompatible or in conflict with the employee’s duties,
functions, and/or the responsibilities of the department or of the interest of the City of
Enid or creates a safety risk to the employee, co-workers or the general public. If an
employee believes that a secondary position may be in conflict, they should seek
guidance from their department head before accepting the secondary position or
pursuing the business enterprise.
In case of injury or occupational disease due to outside employment which prevents
the employee from performing his City duties, the employee will be required to notify
the Department Head of any TTD benefits from the outside employment, in which
case the City will have no responsibility to pay injury leave. In addition, any
employee engaging in any off-duty job or activity that would in any way prolong or
exacerbate an on-the-job injury shall notify the department head and shall discontinue
such activity for the duration of the injury. Employees receiving City benefits for any
sick leave, or injury leave may not be gainfully employed during such absence from
normal work hours.
1006. Attendance
Employees shall arrive promptly and be prepared to work at the scheduled time and
place. In the event that illness or other conditions prevent arrival or punctuality, the
employee shall notify the immediate Department Head as soon as possible and give
the reasons for his failure to report and state, whenever possible, when he/she will be
able to return to duty. If the employee sees in advance that he/she will be unable to
report, he/she should attempt to advise his Department Head prior to starting time.
A. Unauthorized Absence
Unauthorized absence is defined as the failure of any employee to report to work
and the failure of the employee to call in and advise the Department Head of the
reasons for the absence. Two consecutive days of unauthorized absence will
automatically constitute resignation (job abandonment) and the employee will be
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removed from the payroll/workforce. Employees who leave their duties before
scheduled ending time because of illness or other reasons, shall inform their
Department Head prior to leaving whenever possible, stating the reasons.
The approval of leave with pay or leave without pay for the time involved shall be
the responsibility of the Department Head, based upon the reasons involved, the
availability of accumulated leave time, and the employee's performance and
attendance.
B. Weather Related Absences
In the event the City Manager determines that inclement weather or hazardous
conditions require closure of city facilities, hourly employees (except police and
fire personnel) designated to continue working and specifically assigned to
combat the inclement weather or hazardous condition shall be compensated at the
overtime rate. All other employees (except police and fire personnel) who were
working, but allowed to leave early, will be compensated at their regular rate of
pay for the remainder of their regularly scheduled work hours. Unless the City
Manager so declares inclement weather closure, time off due to poor weather will
be charged as vacation or personal leave or leave without pay.
1007. Travel Expenses
City employees will be allowed to utilize a City of Enid credit card or be reimbursed for
approved expenses incurred while out of town on City business. Employees shall
document travel-related expenditures and turn them into their Department Head for
reimbursement, which will be made after approval by the City Commission. The City,
through its purchasing manual, may impose maximum amounts for which employees
may be compensated for individual meals or per diem expenses. Employees traveling on
City business must have permission of the Department Head and/or the City Manager in
advance. The Purchasing Manual should be consulted for specific guidelines.
1008. Use of City Vehicles
City vehicles are for official use only, and may be driven home at night only upon the
approval of the Department Head. Using a City vehicle to transport family members is
not permitted without specific authorization of the City Manager. City vehicles shall not
be taken outside the City limits except on official business without approval of the
Department Head. The City Manager shall establish necessary guidelines to assist with
the policy. City vehicles must be operated in a manner consistent with safety policy.
Texting is prohibited while operating a city vehicle.
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1009. Tools and Equipment, Personal Property Damaged in Line of Duty
City employees may be provided access to specific tools and equipment necessary to
perform their duties. These tools should be kept in good condition. Tools, that are
broken or unusable, should be reported to the Department Head immediately. City
tools and equipment are purchased with public funds; therefore city employees are
prohibited from taking city-owned property from city facilities for personal use or
benefit.
Employees whose personal property is damaged or destroyed in the line and scope of
duty may be reimbursed up to $300 for the repair and/or replacement of such item. The
employee must file a claim for reimbursement within 15 calendar days of the loss and
submit a replacement receipt for a same or similar item.
1010. Email, Computer & Internet Use
The computers and computer access given to employees are to assist them in
performance of their jobs. Employees should not have an expectation of privacy in
anything they create store, send, or receive on the computer system. Rules for use of
City technology is provided in Addendum 1 to this manual.
1011. Courtesy to Citizens
City employees are employees of all the citizens and should be polite and courteous to
the public at all times. Under no circumstances should employees be rude or abusive to
a citizen, and should a citizen become abusive, the employee should refer the citizen to
his immediate Department Head or handle it using normal operational procedures.
Employees are expected to deliver prompt, thorough, and efficient service to customers
to the best of their ability. Customer service is a critical factor of the employee's
performance and will be reflected on the performance evaluation system.
1012. Debts
Failure to pay or make reasonable provisions for payment of debts by employees
reflects poorly on the City as well as the employee. If such failure results in continued
contact by the employee's creditors or otherwise disrupts City business, it may be
grounds for disciplinary action.
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1013. Special Conditions for Some Positions
Specific positions may require that certain additional requirements be met. For
example, some positions require state license, others may require a commercial
chauffeur’s license with necessary endorsements. To obtain and continue employment,
a person must be able to meet the special conditions as designated in the position’s job
description.
1014.
Dress and Appearance
The City of Enid’s objective is to allow employees to work comfortably in the
workplace and project a professional image for our customers, potential employees,
and community visitors. Business casual dress is the standard for this dress code.
Those departments not having a business casual dress code may wear clothing as
established in a set, standardized uniform policy approved by the administrative staff
personnel.
Clothing that reveals cleavage, the back, stomach, buttocks or underwear is not
appropriate. All seams must be finished. Clothing should not contain slogans, logos,
photographic depictions or cartoons.
Personal hygiene and grooming is the responsibility of every employee. Body odor
must be controlled by natural or chemical means. Employees required to wear
uniforms are expected to keep them neatly maintained and wear them properly.
Uniforms should be worn while on duty and to and from work only. Clothing should
not be wrinkled, torn, dirty, or frayed.
Fridays are considered dress down days. On this day, denim jeans that are not frayed,
faded or torn may be worn when accompanied by a professional shirt or jacket. On
the first Friday of each month, a “City of Enid" t-shirt, specified and pre-approved by
the City Manager, may be worn.
The City recognizes that cultural traditions and religious observations vary and may
require concessions in the dress code. If you desire accommodation for these reasons
or because of a medical condition, please speak to the Human Resources Department.
Guide to Business Casual Dressing for Work
No dress code can cover all contingencies so employees must use judgment in their
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choice of clothing to wear to work. If you are uncertain whether an article of clothing
is acceptable, please ask your supervisor or your Human Resources staff before
wearing the item in question.
Because all casual clothing is not suitable for the office, these guidelines will help
you determine what is appropriate to wear to work. Clothing that works well for the
beach, yard work, dance clubs, exercise sessions, and sports contests are not
appropriate for a professional appearance at work.
Pants, Dress Capri Pants and Shorts
Pants, dress capris and slacks are acceptable. Denim jeans, sweatpants, exercise
pants, shorts, bib overalls, casual capris, spandex or biking shorts are not appropriate.
Employees primarily assigned to work outdoors during the summer months may be
permitted to wear walking shorts made of khaki or similar material as part of their
uniform. Leggings may not be worn as pants, but may be worn as hosiery.
Casual capris are considered those that have cargo pockets or ties strings or are made
of denim or camouflage material.
Skirts and Dresses
Casual dresses and skirts, and skirts that are split at or below the knee are acceptable.
Dress and skirt length should be at a length that allows you to sit easily and
comfortably, generally reaching to the tip of the fingertips when the arm is extended
downward, or no shorter than four inches above the knee. Mini-skirts, skorts, short or
tight skirts are inappropriate. Sundresses, beach dresses, and spaghetti-strap dresses
are not acceptable unless worn with a jacket to cover the sleeves.
Shirts, Tops, and Jackets
Button down shirts, sweaters, tops, golf or polo shirts, and turtlenecks are acceptable
attire for work. Inappropriate attire for work includes tank tops; midriff tops; haltertops; tops with bare shoulders; sweatshirts, and t-shirts unless worn under another
blouse, shirt, jacket, or dress.
Shoes and Footwear
Thongs (shoes with strap(s) between the toes with a flat or wedge heel), flip-flops,
rubber or plastic clogs, and house slippers are not acceptable. Closed toe and closed
heel shoes are required in work areas that present a potential for foot injuries. Certain
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positions are identified to require the use of steel-toed footwear.
Jewelry, Makeup, Fragrance and Tattoos
Jewelry, makeup, and fragrance should be in good taste. Some people are allergic to
the chemicals in fragrances, so wear these substances with restraint. Facial piercings
are inappropriate for work. Those employees who have facial piercings may wear a
clear, flat space holder during work hours and assignments. Limited piercings of the
ears are permissible, but gauging out is not. Tattoos that are visible are discouraged.
Tattoos that express opinions or display cartoons that could be considered offensive
are prohibited and must not be visible during work hours. Face and neck tattoos are
prohibited. Tattoos that are larger than 3 inches in length or diameter are
inappropriate for work and should be covered so that they are not visible.
Hair and Hats
Extreme hairstyles and colors should be avoided. Employees are not allowed to have
hairstyles or facial hair that presents any type of safety hazard. Male employees
should report to work clean-shaven or have facial hair that is clean and neatly
groomed. Hats are not appropriate in the office. Caps worn during work hours are
limited to those featuring the City of Enid logo or otherwise approved by
management. City issued caps are considered part of the official uniform and should
not be worn during off-duty hours.
Procedure
If clothing fails to meet these standards, as determined by the employee’s supervisor,
the employee may be sent home to change and will be asked not to wear the
inappropriate item to work again. If the problem persists, the employee will receive a
counseling for the first offense. Progressive disciplinary action will be applied if dress
code violations continue.
Section 1100 Discipline and Discharge
1101. Good of the Public Service
All employees shall hold their respective positions only so long as it is good for the
public service. While the purpose of discipline is to correct inappropriate performance
or behavior, discipline may be punitive in nature and will be administered based on
past performance or behavior history and the severity of present circumstance and the
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evidence warranting such action. This policy does not establish enforceable rights nor
create a property interest for employees. All discipline shall become part of the
employee’s official personnel file maintained by the Human Resources Department.
All employees must sign acknowledging receipt of the discipline. The employee
shall be provided an opportunity to add written comments at the time of the meeting.
Any material that has not been signed and maintained in the personnel file kept by the
Human Resources Department shall not be considered discipline and may not be used
to deny merit and/or promotion. Documented counseling and written reprimands will
only be considered as a factor for promotional purposes for six months from the date
of final discipline.
When reviewing the degree of discipline to be imposed, the areas to review may
include but not be limited to the following:
A.
B.
C.
D.
E.
F.
G.
H.
I.
Severity of action warranting discipline
Policy or procedure violated and the employee's awareness of such
policy
Past work history
Degree of damage/injury to equipment, property, or persons
Employee's length of service (status-probationary)
Degree of insubordination
Cover-up or false statements or records
Prior safety record if applicable
Violation of a "Condition of Employment,” mandatory referral, or
other agreement.
1102. Immediate Removal from Service
An employee may be immediately removed from service by the Department Head,
Administrative Staff person or the City Manager when appropriate. In which case, the
removal will be with pay until the matter has been investigated and discipline imposed.
Removal with pay is not discipline but is considered administrative leave, pending
investigation.
1103. Progressive Discipline & Loss of Pay Discipline
Progressive discipline may be used in matters wherein corrective behavior can be
expected and where more serious discipline is not warranted. However, discipline to
include discharge may be imposed without resorting to progressive discipline when
the circumstances so warrant. Progressive discipline may consist of documented
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counseling, written reprimand, suspension (with or without pay); demotion,
discharge, or any combination of these steps, provided that the discipline
demonstrates progression in severity. Discipline consisting of suspension or demotion
shall also carry a probationary period of six months. Employees subject to
progressive discipline may be discharged if the employee fails to adhere to the
progressive discipline requirements or if improvement in performance is not
demonstrated.
Oral counselings are informal oral directives given to the employees for the purpose
of providing guidance and direction to improve job performance and are not
considered discipline; and therefore, are not subject to the provisions of this section.
1. Non-loss of Pay Discipline
A. Documented Counselings
Documented Counselings are formal written directives provided to employees for the
purpose of corrective below standard performance and/or adherence to policy. This is
the first step in progressive discipline and must include a statement or action plan for
corrective behavior.
B. Written Reprimand
If previous counseling has proven unsuccessful, or if the infraction is of such a nature
to begin with formal written notice to become part of the employee's personnel file, a
written reprimand may be in order. It is generally administered when documented
corrective counseling has not been sufficient to deter misconduct. It is intended to
provide to the employee a written record that specific corrective action must be taken
to avoid subsequent serious disciplinary action, which may lead to suspension,
demotion, or discharge.
2. Loss of Pay Discipline
A. Suspension
A suspension is the removal of an employee with or without pay for a serious rule
infraction or as part of progressive discipline where previous discipline has not
deterred the problem. A Department Head authority to suspend is limited to
thirty (30) calendar days. A non-probationary employee suspended, demoted, or
discharged should be provided with a due-process hearing as prescribed in this policy.
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B. Demotion
A demotion is the involuntary placement of an employee to a position of lower
responsibility and pay due to a disciplinary offense. A typical example might be the
demotion into a non-driving position of one who has lost his license. A demotion
may also be appropriate for someone that cannot do the duties of the position due to
incompetence or inability.
An employee who fails to complete an initial probation is not entitled to a demotion
and has no appeal. An employee who fails to complete a promotional promotion may
be considered for a return to his former position if such position is available. An
employee on disciplinary probation may be dismissed without further hearing.
C. Termination/Discharge
Termination/discharge is the most severe form of disciplinary action. Termination
usually occurs when previous disciplinary steps have been taken and there has been
inadequate change in performance or behavior. A termination is also appropriate
when an employee commits an offense so serious that continued employment is not
acceptable.
1104. Due Process
Except employees regulated by the Civil Service, no employee shall be
suspended, terminated or demoted involuntarily without the Department Head
notifying the Human Resources Director and providing prescribed due process
procedure.
1105. Discipline Procedure
Prior to discipline being imposed, the supervisor imposing the discipline will have a
meeting with the employee to discuss the issue and obtain the employee’s statement. If
after such meeting, the supervisor determines that documented counseling is the only
action that is needed, the documented counseling may be completed at this meeting on
a form prescribed by the City of Enid.
If the supervisor is considering more serious discipline, the employee will be advised
and a time to resume the meeting will be determined. At this follow-up meeting, the
employee will be advised of the discipline imposed and will receive a written statement
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regarding the discipline taken.
Non-loss of pay discipline Appeal: In the event that a documented counseling or
written reprimand is imposed, and the employee believes it is unjust because the
employee did not commit the offense or that the penalty is inappropriate, the
employee may appeal the discipline to the City Manager by notifying the Human
Resources Department, in writing, within 5 calendar days of being notified of the
discipline imposed. The appeal shall be presented on the form provided by the City
of Enid. The appeal will consist of a review of the written material presented and
may, or may not, include interviews of the employee and/or witnesses. The City
Manager’s decision shall be final.
Loss of pay discipline Appeal: In the event that discipline is imposed, to include a
suspension without pay, a demotion or discharge, the employee will be provided an
opportunity for a hearing to appeal the discipline decision. The imposition of the
discipline will be stayed during the appeal to the City Manager. The City Manager,
or his designee, and the Human Resources Director will meet with the employee and
the department head, and/or administrative staff person within 10 calendar days of
notification of the appeal. This will be an opportunity for the employee to present any
evidence or witness testimony that supports his appeal and be represented by counsel,
at his own expense. Within five business days from the date of the hearing, the City
Manager will issue his findings which may reverse, modify or uphold the discipline
decision. The City Manager’s decision shall be final.
1106 Disciplinary Charges
The Department Head may recommend suspending, demoting, or discharging an
employee for any of the following or other reasons:
1. Insubordination - Gross neglect of duty or refusal to comply with management's
lawful instructions, unless such instructions are injurious to employee's or general
public's health or safety or contrary to the employee's professional ethics; it also
includes being disrespectful of supervisory personnel; violation of, refusal, or inciting
others not to comply with pertinent departmental or City rules and regulations when
such conduct impairs the efficiency of the City service.
2. Destruction - Negligent misuse, willful or malicious damage, or destruction to City
property or property of others.
3. Theft - Theft or misappropriation of City property or attempted theft of
misappropriation or making false claims for compensation.
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4. Unlawful Conduct - Conviction of a felony, or any criminal misconduct on or off
duty involving moral turpitude or conduct that shocks the conscience of the
community or brings the City's good name into disrepute because the conduct is
public.
5. Disorderly/Offensive Conduct - Disorderly or offensive conduct while on duty;
disgraceful or offensive conduct while on or off duty, when such behavior threatens
public respect for the City service, or the public order, safety, or health.
6. Deliberate Discourtesy to the Public; Co-Workers or Supervisor Personnel Including, but not limited to, the use of profanity or provoking arguments.
7. Attendance - Habitual tardiness, unauthorized or excessive absence or abuse of sick
leave, falsification of leave usage.
8. Acceptance of a Gift or Fee - Acceptance of a Gift or Fee or other valuable thing in
the course of or in connection with work for personal use from any person or group of
persons.
9. Improper use of Authority - Use of official position or authority for personal profit
or advantage. Inducing or attempting to induce any employee in the service of the
City to commit an unlawful act or to act in violation of any lawful departmental
official regulations, order or professional ethics.
10. Disclosure of Protected Health Information - No employee with access to
protected health information concerning any other employee shall disclose such
information without full written disclosure authorization from the affected employee.
Nor should employees or supervisor’s use such protected health information in
determining employment related issues without full written disclosure authorization
from the affected employee. No employee with access to protected health
information protected by HIPAA shall intentionally or unintentionally allow an
unauthorized persons access to such information. Protected health information shall
include, but not be limited to, information concerning an employee’s medical
diagnosis, cost of treatment, health insurance deductions or other information that
may specifically identify any employee’s health status. Worker’s Compensation
information is exempt from HIPPA requirements and therefore, not covered under
this provision.
11. Confidentiality - Discussing with unauthorized persons any confidential information
gained through employment with the City.
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12. Falsification of Records; Making False Allegations or Claims - Making or
providing any false information or statement, certification, or report in regard to any
application, test certification, appointment, complaint against a Department Head or
fellow employee, or in any manner commit any fraud in connection with employment
with the City or take other actions, or omit information, in an attempt to misrepresent
the facts of an occurrence to a City official.
13. Ethical, Moral or Other Conduct Unbecoming a City Employee on or off duty.
14. Being Under the Influence or Violation of the City of Enid’s Drug & Alcohol
policy. Being under the influence or in the possession of intoxicants or drugs while
on duty or while in any City vehicle or otherwise in violation of the City’s Drug &
Alcohol policy. (See Addendums 2 & 3 and/or respective collective bargaining
agreement).
15. Unreasonable Failure to Follow any Safety Policy - Unreasonable failure to follow
any safety policy, rule or regulation; gross negligence in the performance of duties; or
any conduct that would place the employee, citizens or fellow employees or City
property at risk, unnecessarily resulting or potentially resulting in claims for damages
against the City; including the provoking of or instigating of a fight during working
hours or on City premises; being a direct threat to the health or safety of oneself, the
public or fellow employees.
16. Smoking in unauthorized areas - Smoking is allowed in designated smoking areas
only. No area within 25 feet of any City facility shall be designated as a smoking
area. Smoking is also banned from all city vehicles. The use of smokeless tobacco,
which causes the user to expectorate, shall not be used inside city facilities.
17. Vending, soliciting, or collecting contributions on the employer's time or
premises without prior authorization from the Department Head - No sales
representative shall solicit or provide information to City employees on City property
during working hours concerning any product or service unconnected with the
employee's work responsibilities. No City employee shall make arrangement for or
with sales representatives to solicit from or provide information to City employees as
private customers during working hours. The only exceptions to this rule will be for
United Way, any City recognized insurance/benefit, or as otherwise approved by the
Human Resources Director.
18. Discrimination - Discrimination against an employee because of religion, age, sex,
race, color, national origin, physical or mental disability, or other protected status.
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Discrimination shall also include any retaliation or coercion against an employee for
filing a discrimination complaint or testifying before any administrative hearing.
19. Harassment, sexual or otherwise - Harassment, sexual or otherwise either with a
subordinate, colleague, fellow employee or in the context of the work or creating or
allowing any hostile working environment.
20. Loss or failure to obtain appropriate license or certificates - Loss or failure to
obtain appropriate license or certificates that is necessary requirements to the function
of the job, or is requirements for original appointment to the job.
21. Job Abandonment - Any employee who does not report to work for two consecutive
shifts or days and does not call or have valid reason not to report or call shall be
deemed to have resigned from his/her position due to job abandonment.
22. Failure to maintain “conditions of employment” or “employment eligibility” as
described in the job description or through written supervisory directive.
23. Failure or inability to adequately perform one's job due to lack of effort,
aptitude, or substandard performance as determined through performance
evaluation and supervisory review.
24. Email, Computer & Internet Use - Use of computer resources in violation of
Addendum 1 or for any of these activities is strictly prohibited:
Sending, downloading, displaying, printing or otherwise disseminating
material that is sexually explicit, profane, obscene, harassing, fraudulent,
racially offensive, defamatory, or otherwise unlawful;
Accessing unauthorized information;
Disseminating or storing commercial or personal advertisements, solicitations,
promotions, destructive programs (that is, virus or self-replicating code),
political information, or any other unauthorized material;
Logging into the computer system at an unauthorized terminal;
Wasting computer resources by, among other things, sending mass mailings or
chain letters, spending excessive amounts of time on the Internet, playing
games, engaging in online non-city related chat groups, or otherwise creating
unnecessary network traffic;
Using or copying software in violation of a license agreement or copyright;
Violating any state, federal, or international law;
Failing to report unauthorized computer resources for any prohibited
activities.
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These provisions do not apply to police officers acting in their official
capacity.
1107 Other Offenses That May Lead to Lesser Discipline Upon First Offenses Repeated instances will result in progressive discipline and may result in termination.
1. Violations of policy or procedure when the employee was unaware of policy.
2. Minor first offense violations of policy or procedure that do not involve significant
loss of property, injury to others and are not considered safety violations.
3. Substandard performance requiring initial correction (not repeated).
4. Minor attendance problems, including observance of work hours.
5. Nonconformance, with acceptable dress codes.
6. Nonsupport, of work routines.
7. Non-supportive actions or discourteous attitude in dealing with public or other
employees.
8. Minor insubordination, which does not challenge the Department Head's
authority.
9. Declining performance: Provided it is accompanied by supervisory written
assessment and plan for improvement.
10. Minor violations of safety precautions or policies, where there is no injury,
limited loss of property and no potential for claim.
11. Misuse of City equipment, property, materials, or supplies, which does not lead
to any loss or potential loss or misappropriation.
12. Minor damage to City equipment or property not due to gross negligence,
intoxication, or horseplay.
13. Not reporting violation of policy or procedure seen or having firsthand
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knowledge. However, if one can prove supervisory retaliation or other coercion
to be the reason for not reporting, this may be ground for lesser discipline.
14. Failure to become
routines/processes.
knowledgeable,
of
policies,
procedures,
or
work
15. Conviction of a misdemeanor, including minor traffic offenses on the job.
16. Violation of traffic laws, parking ordinance, or noncompliance with accepted
traffic safety practices.
17. Any item in which, due to the facts of the case and employee work history would
be less than a suspension.
Section 1200 Grievance Procedures
1201
Grievance Procedures/Definition
A grievance is defined as any dispute regarding the meaning, interpretation,
application, or alleged violation of the terms and provisions of the existing Personnel
Manual or any personnel policy, rule, or regulation or the unfair administration of
benefits or conditions of employment.
A grievance can also allege discrimination due to race, color, sex, age, religion,
national origin, marital status, harassment, or disability, or any retaliation or coercion
because of filing a complaint or testifying in any proceedings.
It may include actions caused by a reduction in work force, rates of pay, performance
ratings, employee benefits, or position classification. It is the responsibility of
Department Heads and the City Manager to ensure adherence to this policy.
1. Reporting
Employees who have any grievance shall have the right to have the matter heard by
their immediate supervisor, by their department head, by an administrative staff
person up to and ending with the City Manager, in the order named, until the
complaint is settled. The grievance must be in writing. However, for grievances that
involve the immediate supervisor, department head, or administrative staff person, the
employee may file a grievance with the Human Resources Director, Administrative
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Staff person, City Attorney, City Manager, or Mayor of the City of Enid at the lowest
level appropriate.
2. Time limits
No matter shall be entertained as a grievance unless it is submitted within 30 calendar
days, unless otherwise allowed by law, after the alleged violation of the agreement
occurs or becomes known, or should have been known to the employee. Failure by
management to process the grievance within the specified time allows the grievance
to proceed to the next step. Failure by the employee indicates acceptance at the lower
step.
3. Procedural Steps
Step I. Employee submits an informal verbal grievance to the Department Head
within 30 calendar days of knowledge of the violation or circumstances giving rise to
the grievance. The Department Head has seven calendar days following the
discussion to provide an informal verbal response. If not satisfied, the employee may
pursue the steps that follow. If resolved, a memorandum outlining the grievance and the
resolution should be signed by the employee and the supervisor. This memorandum
should be forwarded to the department head and the Human Resources Department. If
the grievance is outstanding in excess of 10 calendar days, it will be deemed unresolved
and the employee should proceed to Step 2.
Step II. Department Head level. Within 10 calendar days after the unsuccessful
resolution of Step 1, the employee should prepare a written statement on the
appropriate form designated for this purpose. The statement should contain a brief
description of the complaint and the remedy sought. . The Department Head has 20
calendar days from receipt of the written grievance to investigate and provide a
written response. In the event that the employee is still dissatisfied, the employee’s
recourse is to proceed to step III, within 10 calendar days of receipt of the response.
Step III. Employee submits grievance to Administrative Staff person responsible for
the department. (If the department head reports directly to the City Manager, the
employee shall proceed to Step 4).The Administrative Staff person shall investigates
the grievance and meet with the employee and department head within 10 calendar
days. The Administrative Staff person shall prepare a written response and forward it
to both the employee and the department head within 20 calendar days from receipt of
the grievance. and responds in writing within 10 calendar days. In the event that the
employee is still dissatisfied, the employee’s recourse is to proceed to step IV within
10 calendar days of receipt of response.
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Step IV. Employee should submit a written grievance to the Human Resources
Director who shall schedule a hearing before the City Manager. The City Manager
shall have 20 calendar days from the date of his receipt of the grievance in which to
submit his answer in writing to the employee. The City Manager’s decision will be
final and binding.
All grievances that go beyond step I must be forwarded to the Human Resources
Director for archival purposes. Information concerning an employee’s grievance is to
be held in strict confidence. Department Heads and other members of management
are to investigate and discuss a grievance only with those individuals who have a
need to know about it or who are needed to supply necessary background
information.
Time spent by employees in grievance discussions with management during their
normal working hours or in hearings at any time will be considered hours worked for
pay purposes.
1202
Supervisory By-pass (Whistle Blowing) Procedure
1. Purpose
Supervisory By-pass and Whistle blowing Procedure are to ensure that supervisory
and management personnel are not violating any City policy or are not in violation of
the law. The purpose is to provide a process to encourage subordinates to come
forward with information without fear of retaliation. Employees reporting violation
of policy or law should follow the Grievance Policy, reporting to the next highest
level of supervision
2. Caution
Employees are cautioned that reporting false allegations may be considered a form of
harassment and insubordination and may be ground for disciplinary action or
discharge. Failure to follow the applicable provisions contained within this policy
may also result in disciplinary action including termination.
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Section 1300 Separations and Exit Surveys
1301. Types of Separation
All separations of employees shall be designated as one of the following types:
A.
B.
C.
D.
E.
F.
Resignation
Lay-off or Reduction in Force
Dismissal
Disability
Death
Retirement
1302. Resignation, Advance Notice, Job Abandonment
It is the responsibility of an employee who plans to resign from service to notify his
immediate supervisor in advance as follows:
A.
At least ten working days prior to the effective day of the resignation.
Department Heads shall give four weeks’ notice. Accrued vacation does not
count as notice. Failure to give adequate notice will be recorded in the
resigning employee's personnel file and may be cause for denying
reemployment with the City.
B.
Employees should provide as much notice as possible when leaving the
employment of the City. Resignations should be submitted in writing. The
original written resignation letter must be forwarded to the Human Resources
Department immediately.
C.
If an employee fails to report for work without notification of the Department
Head for a period of two consecutive, scheduled work days or more, the
employee shall be considered to have resigned and forfeits all rights to return
to his position.
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1303. Layoff/Reduction in Force
1. Reductions in Force
Reduction in Force shall be made as economic conditions and management require. If
layoffs become necessary, the City will make the decision as to which departments
and how many employees in each will be laid off. The decision will be made
according to the priorities set by the City Manager and the City Commission. Unless
required by Civil Service rules, collective bargaining agreements, layoffs will not
necessarily be based on seniority. Employees laid off will be given a notice at least
two weeks in advance of the anticipated date of the layoff or will be paid for two
weeks in lieu of notice. Employees laid off will be eligible to be reinstated with
benefits, except for benefits paid out at the time of termination, within one year of the
layoff. Laid off employees will be placed on a call backlist for one year from the date
of lay-off. Failure to respond in writing or to apply for an opening sent to the
employee on the list will result in the employee being dropped from the call-backlist.
2. Preservation of Benefits
Employees on lay-off status shall preserve all sick leave and seniority credits for one
year; but shall not acquire any additional credits for the period of time on lay-off
status.
3. Rehire Rights
An employee who has been laid off and applied for re-employment shall have priority
for re-employment in the same classification from which laid off, for a period not to
exceed one year or a bona fide re-employment offer, whichever occurs first.
4. Placement of Pay
If a laid off employee applies for a position at a lower grade level in the plan than that
at which he/she was employed, he/she may return to lower grade and his pay may be
adjusted accordingly.
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5. Severance Policy
When reorganization or redistribution is necessary, transfers should be accomplished
in the following manner: The positions that are to be eliminated should be identified
and the persons holding said position should be notified as soon as possible. The
positions to be created or redistributed, if any, should be posted for the internal
application process. Whenever possible, the new positions should be filled internally
and any resulting vacancies should be filled by internal posting as well. Care should
be taken to insure that qualified and experienced employees are retained whenever
possible.
In the event that an employee is terminated as a result of a reduction in force,
severance pay shall be given according to the employee’s length of service.
Severance pay shall be applied per the following schedule:
1 – 5 years of service
6 – 10 years of services
11-15 years of service
16 or more years of service
four weeks regular salary
eight weeks regular salary
twelve weeks regular salary
sixteen weeks regular salary
1304. Dismissals
1. Causes
The City Manager may dismiss an employee for the good of the service following
procedures as outlined in this policy manual.
2. Except employees regulated by the Civil Service, no employee shall be terminated or
demoted involuntarily without the Department Head notifying the Human Resources
Director and providing prescribed due process procedure.
3. Re-employment
Any employee seeking re-employment with the City shall have their prior work
record reviewed as well as the reasons for separation. The employee may be certified
for any position for which he/she is qualified, including his former position only
when it appears that the employee is eligible for re-hire and it is highly probable that
the reason for dismissal will not recur.
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1305. Disability Separations
A. Definition
When it becomes obvious to the Department Head that an employee may no longer be
able to do the essential job functions with or without reasonable accommodation, a
Department Head may request a "fitness for duty" exam to determine employee’s
condition.
B. Meeting
Upon receipt of the fitness for duty exam or other examination rendered by competent
medical authority that determines that the employee can no longer do the essential job
functions with reasonable accommodation, the City Manager will provide a nonprobationary/regular employee an opportunity to present evidence and extenuating
circumstance as to why the action to separate should not be imposed. The City
Manager after hearing the evidence and reviewing the medical documentation and
available options shall do one of the following:
1.
Give the employee an opportunity to transfer or demote to another
position if available that the employee can perform the essential job
junctions with or without reasonable accommodation.
2.
Give the employee an opportunity to resign for disability reasons and
receive any COBRA benefits and other City benefits otherwise entitled.
3.
Place the employee in a disability leave or lay off status after exhausting
available leave benefits for a maximum of six months. During this time
the City may consider the employee for a new position.
4.
Work with available outplacement services, if any, to try rehabilitative
services, provided that such services are mandated by the Workers'
Compensation system or if not mandated, are available to the City without
cost.
5.
Assist employee with retirement if otherwise eligible.
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6.
Re-employment If an employee separated for disability reasons applies
for re-employment, he/she will be given preference over outside applicants
to positions at or below that which he/she held in the City prior to the
separation, provided all job skill requirements are met. However, he/she
must be able to demonstrate that he/she can do the essential functions of
the position with or without reasonable accommodation. He/she will not
displace a regular full time employee. Such preference will only last for
12 months after the date of disability or 6 months after separation,
whichever comes last.
1306. Death Separations
1. Process
Upon the death of an employee, the Department Head shall initiate a Personnel
Action form indicating the type of separation, the last day worked, and the amount of
accrued leave the employee earned according to the rules governing such leave. In
appreciation for the employee’s service, the final pay shall include the employee’s
final longevity pay and performance incentive pay, if applicable.
2. Notification
The City Manager or Human Resources Director shall be informed by telephone of
the death of an employee as soon as possible after the Department Head learns of the
fact, and the Personnel Action form shall be submitted within three (3) working days.
1307. Retirement
Employees retiring from employment should provide a letter of resignation to the
supervisor at least two months in advance of the requested retirement date. The letter
is not rescindable, and must be immediately forwarded to the Human Resources
Director. Except in cases involving FMLA, the employee is expected to continue
working throughout this two month period, unless Final Leave is requested. Final
leave is the termination of employment; however, allows for continued use of paid
Personal Leave and accrued vacation time pending an employee’s actual retirement
date. Requests for final leave must be made to the department supervisor. The
supervisor may not approve such leave until all city equipment has been returned,
including city identification cards. The amount of final leave authorized shall be no
more than 30 calendar days prior to the actual retirement date and the approved time
will count as credited service for the purposes of calculation of retirement benefits for
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participants of the City of Enid Retirement Plan. Any previously accrued vacation
leave not taken during final leave, will be paid on the employee’s final check. Final
leave cannot be granted for more time than the employee has accrued paid leave or
personal leave available to utilize. Upon retirement, employees are eligible for sick
leave buy back at a rate not to exceed $15.00 per day based on an 8 hour day. The
sick leave buy back benefit shall only be paid for sick leave days accrued and not
taken.
An employee in Final Leave status will continue to be paid the regular base bi-weekly
wage through the City’s payroll system up to a maximum of eighty (80) hours per pay
period. Compensation will not include any type of incentive or special pay (stand-by,
shift differential, assignment pay, etc.) or continued leave accrual. The employee will
remain eligible to participate in standard enrolled benefits during the use of final
leave provided premium deductions remain in place for the duration of final leave.
1308. Exit Interviews
The Human Resources Director shall provide each terminating employee with an exit
interview to ascertain that working conditions meet the standards prescribed by the
City of Enid.
1309. Reinstatement - Restoration Benefits
Employees who resign in good standing and return to the employment of the City
within one year after resignation may have any remaining leave benefits not
previously paid at resignation (e.g. sick leave) reinstated. The rate of pay will be
determined by the position to which the employee is reinstated, not the rate of pay
upon separation. However, the employee must meet eligibility requirements in order
to be reinstated to health, dental and life insurance benefits. Seniority and longevity
calculations shall be based on the original hire date, provided the lapse of
employment does not exceed one year.
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Addendum 1
Policy on E-mail, Computer, Text Messages, Cell phones and
Internet Use
Use of City provided computers or City provided mobile devices such as tablets,
iPad’s, &/or cell phone for conversations, e-mailing, texting, or access to Internet for
any of these activities is prohibited:
1)
Sending, downloading, displaying, printing, or otherwise disseminating or
failing to delete material that is sexually inappropriate or explicit, profane,
obscene, harassing, fraudulent, racially offensive, defamatory, or otherwise
unlawful;
2) Accessing unauthorized information;
3) Disseminating or storing commercial or personal advertisements, solicitations,
promotions, destructive programs (that is, virus or self-replicating code),
political information, or any other unauthorized material;
4) Logging into the computer system at an unauthorized terminal;
5) Wasting time and computer resources by sending mass mailings or chain
letters, retrieving on-line radio stations, playing games, engaging in online
non-city related chat groups, purchasing personal items via on-line auctions,
forwarding jokes, pictures, videos, or web-links to MySpace, Facebook,
Twitter, or YouTube, or otherwise creating unnecessary network traffic;
6) Using or copying software in violation of a license agreement or copyright;
7) Violating any state, federal, or international law; or
8) Failing to report unauthorized computer use or for any prohibited activities.
Personal devices such as computers, cell phones, &/or tablets/iPad’s are strictly
prohibited from connecting to the internal network either via a network cable
connection or a wireless connection. The internal network is for City owned devices
only. Personal devices should connect to the guest network which is provided by the
City of Enid.
Access to all sites on the Internet is recorded and will be periodically reviewed by
the City. The City reserves the right to monitor and log all network activity including
e-mail, Internet, texting and cell phone use, with or without notice. Users should
have no expectation of privacy or confidentiality when using these resources.
Access to the Internet and the e-mail system is not confidential; and information
produced either in hard copy or in electronic form is considered City property. As
such, these systems should not be used for personal or confidential
communications. Deletion of e-mail or other electronic information may not fully
delete the information from the system.
Taxpayers have a right to expect wise and appropriate use of city owned equipment
and technology. We need to be faithful stewards of this trust. Also, because this is
City equipment and technology, provided to you by the City so you are better able
to do the work you do, your supervisor, and management have the right to read
anything that is on that computer, or cell phone, including any personal email. No
one should perceive their personal computer use, or use of a City cell phone as
“private” – ever.
All Internet, cell phone, and email use involving the City's computer system or City
electronic communication devices are subject to the Open Records Act, which means
that members of the public or the media may request and receive copies of
employees' emails, text messages and other Internet activities. This fact further
eliminates any expectation of privacy that employees might have in their email and
Internet activity involving City computers or cell phones.
This policy does not prohibit “brief” personal communications as long as it does not
become time consuming or detract employees from their work for extended periods
of time. It is understood that an occasional email may be used for personal
correspondence as long as it does not interfere with City business, is done on break
time, and does not otherwise violate this policy.
Addendum 2
Drug and Alcohol Testing Policy
Section 1. Drug and Alcohol Testing Policy
A.
The City recognizes that the manufacturing, distribution, dispersal, possession or use of
illegal drugs in or outside of the workplace constitutes a violation of law and therefore is
a violation of policy. Additionally, the use and abuse of drugs and alcohol represents a
threat to personal and public safety and property, as well as the ability of employees to
perform their jobs, therefore, is also a violation of policy and such conduct shall not be
tolerated.
B.
In order to increase workplace safety and eliminate substance abuse by employees, the
City shall conduct Drug and Alcohol Testing.
C.
In 1991, Congress passed the Omnibus Transportation Employee Testing Act that
requires extensive alcohol and controlled substance testing of employees in safetysensitive jobs covered by the Act. The Department of Transportation has developed
regulations that have been incorporated in this policy for safety sensitive employees. An
FTA regulated drug and alcohol testing policy has been adopted by the Enid Public
Transit Authority (EPTA). Provision of the EPTA policy will prevail when in conflict
with this policy for City of Enid positions identified in the EPTA policy.
D.
The City Manager shall appoint a Designated Employer Representative (DER) who is
authorized to take immediate action to remove employees from safety sensitive duties or
duties directly affecting the safety of others and to make required decisions in the testing
and evaluation process. The DER also receives test results and other communications as
necessary to carry out the requirements of this policy.
Section 2. Personnel Subject to Drug and Alcohol Testing
A.
All applicants for positions with the City of Enid shall be tested for drugs.
B.
Current employees in safety sensitive positions or positions directly affecting the safety
of others shall be tested for drugs and alcohol. Activities that directly affect the safety of
others includes driving a city vehicle on a consistent or routine basis or having a car
allowance, as well as persons handling emergency telephone communications, positions
responsible for aircraft safety, persons who have responsibility of persons in custody and
those positions that work directly with juveniles. Safety sensitive positions means
positions in which an employee is required to have a commercial driver’s license and one
in which the employee operates, or is immediately available to operate any of the
following vehicles:
1)
A vehicle with a gross combination weight of at least 26,001 lbs;
2)
3)
A vehicle with a gross weight of at least 26,001 lbs;
A vehicle designed to transport sixteen (16) or more passengers, including the
driver; or
4)
A placarded vehicle used to transport those hazardous materials found in the
Hazardous Materials Transportation Act.
C.
Other employees shall be tested as allowed by law.
Section 3. Substances which may be Tested. The City of Enid shall test for drugs and alcohol.
Section 4. Alcohol
A.
Personnel are prohibited from consuming alcohol within the four (4) hours just prior to
beginning work.
B.
Personnel are prohibited from consuming alcohol during the eight (8) hours immediately
following any workplace injury or any motor vehicle accident that occurs while on the
job, until the employee is tested or a decision is made by the DER to not test.
C.
Personnel are prohibited from possessing or consuming alcohol while at work, unless in
the performance of their official duties.
D.
Personnel are in violation of this policy and shall not be allowed to remain on duty with
an alcohol concentration level of .04 or greater or with the odor of alcohol on their breath.
Section 5. Drugs
A.
Personnel are prohibited from performing their regular duties when using any
prescription drug unless the use is pursuant to instructions of a physician who has advised
the person that the drug does not adversely affect the employee’s ability to safely perform
their duties.
B.
Personnel in positions identified as safety sensitive or directly affecting the safety of
others shall inform their supervisor when they are taking or have taken drugs which may
induce drowsiness or otherwise impair their ability to operate equipment safely.
C.
Personnel are prohibited from using, possessing, selling or distributing illegal drugs.
Section 6. Testing Circumstances, as defined in the Oklahoma Standards for Workplace Drug
and Alcohol Testing Act.
A.
B.
C.
D.
E.
F.
G.
Transfer and/or Reassignment
For-Cause.
Post-Accident.
Random.
Scheduled.
Post-Rehabilitation.
Any other circumstance allowed by the Oklahoma Standards for Workplace Drug
and Alcohol Testing Act.
Section 7. Testing Methods and Collection Procedures
A.
B.
A field screening test may be used as the initial test for alcohol. Any positive field
screening test must be confirmed by laboratory testing methods.
1.
Breath, saliva or urine samples will normally be used for the initial test for
alcohol. Blood may be used for initial testing when an alcohol screening device,
EBT, or appropriately trained breath alcohol technician is not readily available to
conduct alcohol testing by breath or saliva. Blood may also be used for initial
testing when the person being tested has sought medical treatment after a
workplace injury or any motor vehicle accident that occurs while on the job. In
the case of random alcohol testing, only breath, saliva or urine samples will be
used.
2.
Breath, saliva, urine or blood samples may be used for the confirmation test for
alcohol.
A field screening test may be used as the initial test for drugs. Any positive field
screening test must be confirmed by laboratory testing methods.
1.
Urine or saliva samples will normally be used for the initial test for drugs. Blood
may also be used for initial testing when the person being tested has sought
medical treatment after a workplace injury or any motor vehicle accident that
occurs while on the job.
2.
C.
Urine, saliva or blood samples may be used for the confirmation test for drugs.
Confirmation testing shall be performed pursuant to the Oklahoma Standards for
Workplace Drug and Alcohol Testing Act and in accordance with rules established by the
Oklahoma Board of Health at the time the testing is performed.
Section 8. Consent and Refusal
A.
Prior to laboratory testing, the employee shall sign a consent form authorizing the
laboratory to take the specimen and authorizing the testing facility to release the results to
the City of Enid.
B.
Refusal. Refusal to submit to a test includes:
1.
2.
3.
4.
5.
Refusal to sign the consent form or altering the consent form.
Failing to provide an adequate sample for testing without a valid medical
explanation.
Engaging in any conduct that obstructs the testing process.
Engaging in any conduct that constitutes tampering with or substitution of the
sample.
Supplying or attempting to supply an altered sample or substitute sample.
Section 9. Confidentiality of Records.
A.
Records are the property of the City of Enid. Upon request, the records shall be released
to the person tested.
B.
Records may also be released as allowed by the Standards for Workplace Drug and
Alcohol Testing Act.
Section 10. Rights Upon Positive Test
A.
Applicants and Employees may explain, in confidence, any positive confirmation test
result.
B.
Employees with a positive confirmation drug test may request that a split sample be sent
for a retest. Said retesting shall be at employee’s cost.
C.
Employees with a positive field test shall be immediately removed from safety sensitive
functions or responsibilities directly affecting the safety of others and remain on paid
administrative leave while awaiting the results of confirmation testing.
Section 10. Disciplinary Action
A.
Any confirmed positive test result may result in discipline up to and including
termination of employment.
B.
Any violation of this policy may result in discipline up to and including termination of
employment.
C.
Any refusal to submit to drug or alcohol testing may result in discipline up to and
including termination of employment.
D.
Regardless of discipline imposed, employees who have a confirmed positive test may not
return to a safety sensitive function or a position directly affecting the safety of others
until undergoing a Return to Duty process which shall include participation in
alcohol/drug assessment program and following the prescribed treatment; a return to duty
drug and/or alcohol test; and being subject to follow-up testing which will include at least
six (6) unannounced drug/alcohol testing during the first year back to duty.
Section 11.
A.
Appeal Procedure
Employees may appeal any discipline imposed as a result of drug or alcohol testing in the
same manner as provided in the City of Enid Policy and Procedure Manual.
Addendum 3
EPTA Drug and Alcohol Testing Policy
Table of Contents
Adopted Date: September 16, 2013
1. Program Statement
2. Purpose
3. Definitions
4. Prohibited Behavior
5. Types of Testing
6. Testing Procedures
7. Consequences of Violations of this Policy
8. Information Disclosure
9. Confidentiality
10.
11.
12.
Contact Person
Medical Review Officer
Substance Abuse Professional
13. Policy Intent
EPTA
1.
DRUG & ALCOHOL TESTING POLICY
PROGRAM STATEMENT
The EPTA Board of Trustees has approved and adopted the Enid Public
Transportation Authority Drug & Alcohol Testing Policy at its board meeting on
September 16, 2013, which supersedes all previous versions. A copy of the latest
board approval is included in this policy as Attachment 6.
EPTA is dedicated to providing safe, dependable, and economical transportation
services to our transit system passengers. EPTA employees are our most valuable
resource, and our goal is to provide a healthy and satisfying working environment
that promotes personal opportunities for growth. In meeting these goals, our
policy is to accomplish the following objectives:
•
•
•
•
Ensure that our employees are not impaired in their ability to perform
assigned duties in a safe, productive, and healthy manner.
Create a workplace environment free from the adverse affects of drug
abuse and alcohol misuse.
Prohibit the unlawful manufacture, distribution, dispersal, possession, or
use of controlled substances.
Encourage our employees to seek professional assistance whenever
personal problems, including alcohol or drug dependency, adversely affect
their ability to perform their assigned duties.
Once the governing board has adopted this policy, all safety sensitive employees
shall be made aware of the policy and subsequent changes, and the effect it will
have on them. EPTA must provide materials (or notify employees of the
availability of material) explaining the regulations, the policy, and the
corresponding procedures to each safety-sensitive employee. (§655.16)
2.
PURPOSE
All persons covered by this policy should be aware that EPTA has adopted a ZERO
TOLERANCE policy regarding drug abuse or alcohol misuse and violations of the
policy will result in immediate discharge, or in not being hired.
Before performing a drug or alcohol test, EPTA shall notify a safety sensitive
employee that the test is required according to 49 CFR, Part 655.17.
This policy applies to all safety sensitive employees who are employed by, or who
are assigned to work for, EPTA. Attachment 4 provides a complete list of titles and
employee safety-sensitive positions covered by this policy. This policy applies to
off-site lunch periods or breaks after which an employee is scheduled to return to
work. All safety-sensitive employees will be subject to this policy as a condition of
employment.
The purpose of this policy is to ensure our employees’ fitness for duty and to
protect EPTA employees, passengers, and the public from the risks posed by the
misuse of alcohol and the use of prohibited drugs. This policy is also intended to
comply with all applicable federal regulations governing workplace anti-drug and
alcohol programs in the transit industry.
The Federal Transit Administration (FTA) of the U.S. Department of
Transportation (DOT) has published 49 CFR Part 655 as amended, which
mandates urine drug testing and breath alcohol testing for safety-sensitive
positions and prohibits performance of safety-sensitive functions when there is a
positive test result.
The U.S. DOT has also published 49 CFR Part 40, as amended, which sets standards
for the collection and testing of urine and breath specimens. In addition, the
federal government has published 49 CFR Part 32, “The Drug-Free Workplace Act
of 1988,” which requires the establishment of drug-free workplace policies and
the reporting of certain drug-related offenses to the FTA. All of these requirements
are incorporated into this policy for safety-sensitive employees under EPTA
authority.
3.
DEFINITIONS (§40.3 and 655.4)
3.1 Designated Employer Representative (DER) (§40.3)
An employee authorized by EPTA to take immediate actions(s) to remove
employees from safety-sensitive duties, or cause employees to be removed
from these covered duties, and to make required decisions in the testing and
evaluation processes. The DER also receives test results and other
communications for EPTA, consistent with the requirements of this part.
Service agents cannot act as DERs.
3.2
Employee/Covered Employee (§40.3) & (§655.4)
Any person who is designated within a DOT agency as subject to drug and/or alcohol testing. The term includes
individuals currently performing safety-sensitive functions designated in DOT agency regulations including an
applicant or transferee who will perform a safety-sensitive function subject to pre-employment testing. For
purposes of drug testing under this part, the term employee has the same meaning as the term “donor” as found on
the Federal Drug Testing Custody and Control Form (CCF) and related guidance materials produced by the U.S.
Department of Health and Human Services (DHHS).
3.3 Safety-Sensitive Functions (§655.4)
A safety-sensitive function is any duty related to the safe operation of mass
transit service. These duties include, but are not limited to, the following
activities: (See Attachment 4)
•
•
•
•
•
3.4
Operating a revenue service vehicle, including when not in revenue
service;
Operating a non-revenue service vehicle, when required to be operated
by a holder of a Commercial Driver’s License (CDL);
Controlling dispatch or movement of a revenue service vehicle;
Performing maintenance functions including repairing, overhauling, and
rebuilding revenue service vehicles or equipment used in revenue
service;
Providing security and carrying a firearm on transit vehicles, at transfer
points, and in transit facilities open to the public.
Legally Prescribed Drugs
The appropriate use of legally prescribed drugs and non-prescription
medications is not prohibited. However, under EPTA’s own authority, any
employee using any substance that carries a warning label indicating mental
functioning, motor skills, or judgment may be adversely affected must report
that substance use to a EPTA supervisor. The employee must also obtain a
written release from the attending physician that releases the employee to
perform their job duties whenever they are using a performance-altering
substance.
A legally prescribed drug is defined as any drug for which an employee has
an appropriate prescription or other written approval from a physician to
use the drug in the course of medical treatment. The prescription or written
approval must include the patient’s name, the name of the substance, the
quantity to be taken, and the period of authorization.
The misuse or abuse of legal drugs while performing transit business is
prohibited.
NOTE: Legally prescribed drugs, for purposes of this policy, do not include,
regardless of the circumstances, any illegal drug, including marijuana;
illegally obtained prescription drugs, or any legally prescribed drug used
inappropriately.
4.
PROHIBITED BEHAVIOR
4.1 Manufacture, Trafficking, Possession, and Use of Prohibited Substances
EPTA employees are prohibited from engaging in the unlawful manufacture,
distribution, dispersal, possession, or use of prohibited substances on transit
authority premises, in transit vehicles, or in any other location where the
employee is in uniform or on transit authority business. Employees who
violate this provision will be discharged. Law enforcement will be notified, as
appropriate, when criminal activity is suspected. Any employee convicted of
a drug statute occurring in the worksite must report the incident to their
supervisor no later than five days after the conviction.
4.2 Illegal Drugs
The use of the following controlled substances by a safety-sensitive employee
is prohibited at all times. (§655.21(b) & (c)):
•
•
•
•
•
Marijuana
Cocaine
Opiates
Amphetamines
Phencyclidine (PCP)
Safety-sensitive employees or applicants will be tested any time while on
duty for these listed drugs in the following circumstances: pre-employment,
post-accident, reasonable suspicion, random, and return to duty.
(§655.21(a))
Employees are prohibited from refusing to submit to any required controlled
substance test.
Employees are prohibited from reporting for duty or remaining on duty or
performing any safety sensitive function when the employee has tested
positive for a controlled substance or has had an adulterated, diluted or
substituted test specimen for controlled substance.
Employees are prohibited from reporting for duty or remaining on duty
when required to perform safety sensitive duties when using any legal
controlled substance, except when instructed by a licensed medical
practitioner, who has advised the employee that the substance will not
adversely affect the employee’s ability to safely perform any safety sensitive
function.
4.3 Alcohol
The use of beverages or medication containing alcohol, or any other
substance that causes alcohol to be present in the body while performing
safety sensitive functions, is prohibited.
Under this policy, safety-sensitive employees must comply with the following
drug and alcohol rules. No safety-sensitive employee will perform any of the
following activities:
•
•
Report for duty or remain on duty with an alcohol concentration of
0.02 or greater when required to perform or continue to perform
safety-sensitive functions. (§655.35)
Consume any alcohol during any of the following time periods:
∗
∗
∗
∗
•
•
•
•
5.
While performing a safety-sensitive function (§655.32)
Four hours prior to performing safety-sensitive functions
(§655.33(a))
During on-call hours (§655.33(b))
Following an accident for up to eight hours or until undergoing
a post-accident alcohol test, whichever occurs first (§655.34)
Refuse to submit to any required alcohol or controlled substance test
Report for duty or remain on duty when required to perform safetysensitive functions when using any controlled substance, except when
instructed by a licensed medical practitioner, who has advised the
employee that the substance will not adversely affect the employee’s
ability to safely perform any safety-sensitive function
Report for duty, remain on duty, or perform any safety-sensitive
function when the employee has tested positive for alcohol or a
controlled substance or has adulterated or substituted a test specimen
for alcohol or a controlled substance
Perform or continue to perform any safety-sensitive function with an
alcohol concentration of 0.02 or greater but less than 0.04 until a
subsequent test measures less than 0.02, or the employee has been
removed from duty for at least eight hours. (§655.35(a)(1)(2))
TYPES OF TESTING
The following conditions establish who may be screened and under what
circumstances the drug and alcohol screening may occur. All testing will comply
with 49 CFR, Part 40 and Part 655.
5.1
Pre-Employment or Transfer
All applicants for employment in a safety-sensitive position with EPTA will
undergo urine drug testing immediately following the offer of employment.
All current employees who are requesting transfer to a position covered in
this policy are also subject to this policy. This policy covers applicants for, or
requests for transfer to, full-time or part-time safety sensitive employment
and applicants for regular or temporary safety sensitive employment.
Testing involves the following situations:
Pre-Employment:
•
Before allowing an applicant to perform a safety-sensitive function
for the first time, the employer must ensure that the employee
takes a pre-employment drug test administered under this part
with a verified negative result. An employer may not allow an
applicant to perform a safety-sensitive function unless the
employee takes a drug test administered under this part with a
verified negative result. (§655.41(a)(1))
When an applicant has previously failed or refused a preemployment drug test, the employee must provide proof to the
City of Enid Human Resources Department of having completed a
referral, evaluation, and treatment plan as described in section
655.62 of subpart G. (§655.41(a)(2))
∗
If a pre-employment drug test is canceled, the applicant is
required to schedule another pre-employment drug test and have
a verified negative result. (§655.41(c))
∗
Employee Transfer:
•
•
Before allowing an employee being transferred into a safety
sensitive position to perform a safety-sensitive function for the
first time, the employer must ensure that the employee takes a
pre-employment drug test administered under this part with a
verified negative result. An employer may not allow an employee
to perform a safety-sensitive function until the employee takes a
drug test administered under this part with a verified negative
result. (§655.41(a)(1))
If a pre-employment drug test is canceled, the employee is
required to schedule another pre-employment drug test and
have a verified negative result. (§655.41(c))
When an employee has not performed a safety-sensitive function
for 90 or more consecutive calendar days, and the employee has
not been in the random selection pool during that time, the
employee is subject to a pre-employment test which produces
verified negative results prior to resuming safety sensitive
duties. (§655.41(d))
5.2
Reasonable Suspicion Testing
If EPTA has reasonable suspicion that an employee has violated FTA
regulations in regard to alcohol or controlled substances, EPTA will require
an employee to submit to alcohol and controlled substance testing.
Reasonable suspicion involves a judgment on the part of the employer. FTA
regulations require a safety-sensitive employee to submit to a test under the
following conditions:
•
•
•
A trained supervisor or another trained EPTA official determines that
reasonable suspicion exists based on specific, contemporaneous,
articulable observations concerning appearance, behavior, speech, or
body odors of the covered employee. (§655.43(a)(b))
A trained supervisor has reasonable suspicion that the employee has
used a prohibited drug, or misused alcohol based on his/her personal
observation. (§655.43(b))
Physical on-the-job observation of drug and/or alcohol use by the
employee occurs. (§655.32)
Reasonable suspicion testing for alcohol is authorized only if the
observations are made during, just preceding, or just after the employee has
performed a safety-sensitive function. Reasonable suspicion testing for
alcohol can occur only while the employee is performing safety-sensitive
functions; just before the employee is to perform safety-sensitive functions;
or just after the employee has ceased performing such functions.
(§655.43(c))
Tests for alcohol shall be administered within two hours following the
reasonable suspicion determination. If the test is not administered within
two hours, a record will be prepared and maintained on file, stating the
reason the alcohol test was not promptly administered. If an alcohol test is
not administered within eight hours following the determination, all
attempts to administer the alcohol test shall cease and a record will be
prepared and maintained on file stating the reasons for not administering the
test. (§655.43(d))
5.3
Random Testing
Random testing of safety-sensitive employees will be conducted in a manner
consistent with the requirements of 49 CFR Part 655 (Prevention of Alcohol
Misuse and Prohibited Drug Use in Transit Operations) and 49 CFR Part 40
(Procedures for Transportation Workplace Drug and Alcohol Testing
Programs).
EPTA participates in a statewide rural transit consortium; therefore, all
employees performing safety-sensitive functions are placed in a statewide
pool and have an equal chance of being selected for testing and will remain in
the pool, even after being tested. There is no discretion on the part of
management in the selection of the individuals who are to be tested.
Random testing will meet the following criteria:
•
•
•
•
•
5.4
The annual random drug and alcohol testing rate will be conducted in
accordance with §655.45 (a)(b).
Random selection is made through a scientifically valid computerized
random number generator program matched with employees’ driver’s
license number. A contracted, third party administrator for the drug
program provides this program. (§655.45(e))
The dates for administering unannounced testing of randomly
selected employees shall be spread reasonably throughout the
calendar year. Testing must be unannounced, unpredictable and will
be conducted at all times of the day when safety sensitive functions
are performed. (§655.45(g))
A covered employee shall only be randomly tested for alcohol misuse
while the employee is performing safety-sensitive functions; just
before the employee is to perform safety-sensitive functions; or just
after the employee has ceased performing such functions. A covered
employee may be randomly tested for prohibited drug use anytime
while on duty. (§655.45(i))
EPTA will ensure that the employee stops performing the safetysensitive function and proceeds to the testing site immediately.
(§655.45(h))
Post-Accident Testing
When an accident occurs Attachment 7 must be completed by an EPTA
Supervisor.
As soon as possible following an accident, as defined in §655.4(1)(2)(3), a
drug and alcohol test will be administered to the surviving covered
employee(s) performing a safety-sensitive function while operating a mass
transit vehicle under the following circumstances:
Fatal Accident:
•
Whenever there is a loss of human life, as soon as practicable
following the accident, each surviving safety-sensitive employee
operating the transit vehicle at the time of the accident must be tested.
EPTA will also determine using the best information available at the
time of the decision whether to test any other safety sensitive
employees where performance could have contributed to the
accident. (§655.44(a)(1)(i))
Non-Fatal Accident:
•
Whenever an individual suffers bodily injury and immediately
receives medical treatment away from the scene of the accident; or
one or more vehicles (including non-FTA funded vehicles) incurs
disabling damage (as defined by §655.4(4)), as a result of the
occurrence EPTA shall test each safety-sensitive employee operating
the transit vehicle at the time of the accident, unless their behavior
can be completely discounted as a contributing factor to the accident.
EPTA shall test any other safety-sensitive employee, whose
performance could have contributed to the accident, using the best
information available at the time of the accident. (§655.44(a)(2)(i))
All testing under EPTA’s own authority will be conducted as a Non-DOT test,
using Non-DOT custody and control forms.
Post-accident testing is subject to the following criteria:
•
A safety-sensitive employee required to take a post accident alcohol
test must not consume alcohol for eight hours following an accident or
until a breath alcohol test occurs. If the alcohol test is not
administered within two hours following the accident, EPTA prepares
and maintains on file a record stating the reasons the test was not
administered promptly. After eight hours, no further attempts will be
made to administer the alcohol test and the two-hour report will be
updated. (§655.44(a)(2)(ii))
•
•
•
A controlled substance test on a safety-sensitive employee must be
administered within 32 hours following the accident. If the test is not
administered within the required time, EPTA will stop efforts to
administer the test. EPTA will then file and maintain a report stating
the reasons the test was not administered promptly. (§655.44(b))
A safety-sensitive employee who is subject to post-accident testing is
required to remain readily available for such testing. Failure to do so
may be considered by EPTA as refusal to submit to testing.
(§655.44(c))
The decision not to administer a drug and/or alcohol test under this
section shall be based on EPTA determination, using the best available
information at the time of the determination that the employee’s
performance could not have contributed to the accident. Such a
decision must be documented in detail, including the decision-making
process used to reach the decision not to test. (§655.44(d))
Nothing in this section shall be construed to require the delay of necessary
medical attention for the injured following an accident or to prohibit a
covered employee from leaving the scene of an accident for the period
necessary to obtain assistance in responding to the accident or to obtain
necessary emergency medical care. (§655.44(e))
The results of a blood, urine, or breath test for the use of prohibited drugs or
alcohol misuse, conducted by Federal, State, or local officials having
independent authority for the test, shall be considered to meet the
requirements of this section provided such test conforms to the applicable
Federal, State, or testing requirements, and the test results are obtained by
EPTA. Such test results may be used only when EPTA is unable to perform a
post-accident test within the required period previously noted in this policy.
(§655.44(f))
5.5 Return to Duty Testing
Under a zero tolerance policy this section is not applicable. However, EPTA
will provide a referral to all employees who violate this policy or who
commit any of the prohibited conduct related to drugs or alcohol in
paragraph 4. (§655.62(a))
If return to duty testing is needed, all tests will be conducted under direct
observation.
5.6 Follow-up Testing
Under a zero tolerance policy this section is not applicable.
If follow-up testing is needed for any reason, all tests will be conducted under
direct observation.
5.7 Refusal to Drug Testing (§40.191)
EPTA is required to test safety-sensitive employees for illegal drugs listed in
Section 4.2, follow procedures addressed in Section 6 and the conditions and
circumstances established in Section 5. An employee must follow the
instruction and directions of all EPTA supervisors and appropriate medical
personnel involved in the testing process.
A refusal shall mean any of the circumstances listed in 49 CFR Part 40.191:
1) Fail to appear for any test (except a pre-employment test) within a
reasonable time, as determined by the employer, consistent with
applicable DOT agency regulations, after being directed to do so by the
employer. (§40.61(a));
2) Fail to remain at the testing site until the testing process is complete;
provided, that an employee who leaves the testing site before the testing
process commences (§40.63(c)) for a pre-employment test is not deemed
to have refused to test;
3) Fail to provide a urine specimen for any drug test required by this part or
DOT agency regulations; provided, that an employee who does not
provide a urine specimen because he or she has left the testing site before
the testing process commences (§40.63(c)) for a pre-employment test is
not deemed to have refused to test;
4) In the case of a directly observed or monitored collection in a drug test,
fail to permit the observation or monitoring of your provision of a
specimen (§§40.67(l) and 40.69(g));
5) Fail to provide a sufficient amount of urine when directed, and it has been
determined through a required medical evaluation that there was no
adequate medical explanation for the failure (§40.193(d)(2));
6) Fail or decline to take an additional drug test the employer or collector
has directed you to take (§40.197(b));
7) Fail to undergo a medical examination or evaluation, as directed by the
MRO as part of the verification process, or as directed by the DER under
§40.193(d). In the case of a pre-employment drug test, the employee is
deemed to have refused to test on this basis only if the pre-employment
test is conducted following a contingent offer of employment. If there was
no contingent offer of employment, the MRO will cancel the test;
8) Fail to cooperate with any part of the testing process (e.g., refuse to
empty pockets when directed by the collector, behave in a
confrontational way that disrupts the collection process, fail to wash
hands after being directed to do so by the collector).
9) For an observed collection, fail to follow the observer's instructions to
raise clothing above the waist, lower clothing and underpants, and to turn
around to permit the observer to determine if any type of prosthetic or
other device is being used to interfere with the collection process.
10) Possess or wear a prosthetic or other device that could be used to
interfere with the collection process.
11) Admit to the collector or MRO that you adulterated or substituted the
specimen.
Refusal by an employee to take a drug test, will incur the consequences
specified under DOT agency regulations for a violation of those DOT agency
regulations. (§40.191(c))
Refusal by an employee to take a non-DOT test or to sign a non-DOT form is
not considered a refusal to take a DOT test. No consequences are stated
under DOT agency regulations for refusing to take a non-DOT test.
(§40.191(e))
5.8 Refusal to Alcohol Testing (§40.261)
EPTA is required to test safety-sensitive employees for the use of alcohol as
described in Section 6 and under the conditions and circumstances
established in Section 5. An employee must follow the instruction and
directions of all EPTA supervisors and appropriate medical personnel
involved in the testing process.
A refusal shall mean any of the circumstances listed in 49 CFR Part 40.261:
(1) Fail to appear for any test (except a pre-employment test) within a
reasonable time, as determined by the employer, consistent with
applicable DOT agency regulations, after being directed to do so by
the employer. This includes the failure of an employee (including an
owner-operator) to appear for a test when called by a C/TPA
(§40.241(a))
(2) Fail to remain at the testing site until the testing process is
complete; provided, that an employee who leaves the testing site
before the testing process commences (§40.243(a)) for a preemployment test is not deemed to have refused to test;
(3) Fail to provide an adequate amount of saliva or breath for any
alcohol test required by this part or DOT agency regulations; provided,
that an employee who does not provide an adequate amount of breath
or saliva because he or she has left the testing site before the testing
process commences (§40.243(a)) for a pre-employment test is not
deemed to have refused to test;
(4) Fail to provide a sufficient breath specimen, and the physician has
determined, through a required medical evaluation, that there was no
adequate medical explanation for the failure (§40.265(c))
(5) Fail to undergo a medical examination or evaluation, as directed
by the employer as part of the insufficient breath procedures outlined
at §40.265(c);
(6) Fail to sign the certification at Step 2 of the ATF (§§40.241(g) and
40.251(d)); or
(7) Fail to cooperate with any part of the testing process.
Refusal by an employee to take an alcohol test will incur the consequences
specified under DOT agency regulations for a violation of those DOT agency
regulations. (§40.261(b))
Refusal by an employee to take a non-DOT test or to sign a non-DOT form is
not considered a refusal to take a DOT test. No consequences are stated
under DOT agency regulations for refusing to take a non-DOT test.
(§40.261(d))
6.
7.
TESTING PROCEDURES
EPTA affirms the need to protect individual dignity, privacy, and confidentiality
throughout the testing process and will abide by the requirements set forth in 49
CFR Part 40 as amended. All testing procedures will be conducted in accordance
with 49 CFR Part 40 as amended. When the test result of an employee taking a
pre-employment, reasonable suspicion, random, or post-accident test is reported
as a negative dilute specimen, the test will be considered a valid drug test and the
employee will not be directed to re-test unless directed by the MRO to conduct a
recollection test under direct observation. (§40.197)
CONSEQUENCES OF VIOLATIONS OF THIS POLICY
EPTA maintains a zero tolerance policy for all safety sensitive employees.
Violation of this policy or committing any of the prohibited conducts related to
drugs or alcohol in paragraph 4 will result in immediately ceasing performance of
all safety-sensitive functions. (§655.61(a)(1))
The following violations will result in immediate discharge:
•
•
•
•
Receiving a verified positive drug test result.
Receiving a confirmed alcohol test result of 0.04 or greater
Refusing to submit to a test as outlined in 49 CFR Part 40.191, Subpart I
and Part 40.261, Subpart N.
Receiving a negative test as the result of a dilute, substituted or adulterated
specimen, and the MRO verifies that the specimen was adulterated.
(§40.93 & §40.95)
An employee with an alcohol concentration greater than 0.02 but less than 0.04
will be subject to removal from all safety-sensitive functions until a subsequent
test measuring less than 0.02, or the employee has been removed from safetysensitive duty for at least eight hours. (§655.35(a)(1)(2))
EPTA will provide a referral to all employees who violate this policy or who
commit any of the prohibited behaviors related to drugs or alcohol in paragraph 4.
(§655.62) When an employee is terminated, EPTA will refer the employee to a
Substance Abuse Professional. (§655.62) EPTA will not be responsible for any cost
incurred for the Substance Abuse Professional.
8.
INFORMATION DISCLOSURE
To be considered for employment, all applicants will be asked to give consent to
EPTA to conduct a background check of their previous DOT covered employers
over the past two years. Refusal to do so will result in removal from qualification
for employment. The information requested will include the following data:
•
•
•
•
•
9.
Alcohol test results of 0.04 or higher alcohol concentration
Verified positive drug tests
Refusals to be tested (including verified adulterated or substituted drug
test results)
Other violations of DOT agency drug and alcohol testing regulations
Documentation of the employee’s successful completion of DOT return-toduty requirements (including follow-up tests) for any employee who
violated a DOT drug and alcohol regulation
CONFIDENTIALITY
Confidentiality will be applied to every aspect of the anti-drug program according
to the following criteria:
•
•
After the MRO contacts the employee to discuss a positive confirmatory
test result, and a final decision is released regarding the positive result, the
listed contact person of EPTA shall serve as the sole point of contact.
Information regarding an individual’s test results or rehabilitation may be
released under the following circumstances: (§40.331)
a) A specific, written consent from an employee authorizing the
release of information about that employee's drug or alcohol
tests to an identified person
b) Upon request of DOT agency representatives:
1) Access to facilities used for this part and DOT agency drug
and alcohol program functions.
2) All written, printed, and computer-based drug and
alcohol program records and reports, files, materials,
data, documents/documentation, agreements, contracts,
policies, and statements that are required by this part and
DOT agency regulations.
c) If requested by the National Transportation Safety Board as part
of an accident investigation, information concerning postaccident tests administered after the accident.
d) If requested by a Federal, state or local safety agency with
regulatory authority, drug and alcohol test records.
•
All records relating to drug and alcohol testing will be kept in a separate,
locked file from other employee records.
10. CONTACT PERSON
The contact person will be designated by the director of EPTA to answer
employees’ questions concerning the drug and alcohol policy or testing
procedures.
Refer to Attachment 1 for the system contact person.
11. MEDICAL REVIEW OFFICER
A Medical Review Officer must meet the requirements of 49 CFR, Part 40, Subpart
G, “Medical Review Officers and the Verification Process” to be qualified.
Refer to Attachment 2 for the MRO.
12. SUBSTANCE ABUSE PROFESSIONAL
A Substance Abuse Professional must meet the requirements of 49 CFR, Part 40,
Subpart O, “Substance Abuse Professionals and the Return-to-Duty Process to be
qualified.
Refer to Attachment 3 for a list of suggested SAP’s.
13. POLICY INTENT
EPTA’s intention is to fully comply with the regulations of the US DOT and FTA (49
CFR, Part 32, Part 40 and Part 655). If any omissions or contradictions occur
between this policy and the federal regulations, the federal regulations shall apply.
If the regulations of the US DOT or the FTA change, this policy will be amended to
reflect those changes and to remain consistent with regulations and US DOT
requirements. When such changes occur, EPTA will notify all affected employees.
CONTACT PERSON(S)
ATTACHMENT 1
Any questions regarding this policy or any other aspect of EPTA’s substance abuse program
should be addressed to the following transit system Designated Employer
Representative(s):
Name: Billy McBride
Title: Safety Director
Address: 401 W. Owen K. Garriott Road
Telephone Number: (580) 234-0400 ext. 7277
MEDICAL REVIEW OFFICER (MRO)
ATTACHMENT 2
The following is identified as the EPTA substance abuse program Medical Review Officer:
Name: Dr. Sanford E. Pomerantz, MD, MRO
Title: Medical Doctor / Medical Review Officer
Address: The Mental Health Consortium, 534 S. Kansas Ave., Topeka, KS 66603
Telephone Number: (888) 842-0348
SUBSTANCE ABUSE PROFESSIONAL (SAP)
ATTACHMENT 3
The following is identified as the EPTA substance abuse program Substance Abuse
Professional. Any referral as a result of violating this policy should be addressed to this
individual:
Name: Rebecca Kroeker
Title: Substance Abuse Professional
Address: 1625 W. Owen K. Garriott, Enid, OK 73701
~OR~
Title: TMHC Services, Inc.
Address: 534 S. Kansas Ave., Ste. 600, Topeka, KS 66603-3411
SAFETY-SENSITIVE FUNCTIONS
ATTACHMENT 4
A safety-sensitive function, as defined by FTA 49 CFR, Part 655, is any specified duty
performed by EPTA employees related to the safe operation of mass transit service. These
duties include the following activities:
•
•
•
•
•
Operating a revenue service vehicle, including when not in revenue service;
Operating a non-revenue service vehicle, when required to be operated by a holder
of a Commercial Driver’s License (CDL);
Controlling dispatch or movement of a revenue service vehicle;
Maintaining (including repairs, overhaul, and rebuilding) a revenue service vehicle
or equipment used in revenue service;
Carrying a firearm for security purposes.
The following specific job titles identify those employees who perform safety-sensitive job
functions at EPTA:









General Manager
Administrative Assistant
Marketing Coordinator
Drivers
Dispatchers
Safety Maintenance Technician
Service Station Technician
Auto Mechanic
Master Mechanic
ATTACHMENT 5
ATTACHMENT 6
A RESOLUTION ADOPTING THE SEPTEMBER 16, 2013
DRUG AND ALCOHOL TESTING POLICY THAT WILL SUPERSEDE
ALL PREVIOUS VERSIONS AND DECLARING AN EMERGENCY.
EMERGENCY RESOLUTION
WHEREAS, the Enid Public Transportation Authority (EPTA) participates in a statewide, rural
transit consortium that provides drug and alcohol testing pursuant to 49 CFR Part 655
(Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations) and 49 CFR Part
40 (Procedures for Transportation Workplace-Drug and Alcohol Testing Programs); and
WHEREAS, the consortium is revising its procedures consistent with Federal Department of
Transportation Drug and Alcohol Audit and has provided a template to use in revising the drug
and alcohol testing procedures of the members of the consortium.
NOW THEREFORE BE IT RESOLVED by the EPTA Board of Trustees that the September 16
2013 Drug and Alcohol Testing Policy will be in immediate force and effect and will supersede
all previous versions of this policy.
EMERGENCY – WHEREAS, there is a need for this policy to go into immediate effect in order
to preserve the public health, safety and welfare of the residents of Enid, EPTA employees and
passengers, it is hereby determined that an emergency exists.
APPROVED on this 16th day of September 2013.
Addendum 4
IDENTITY THEFT PREVENTION PROGRAM
1-14-1: ADOPTION:
As mandated by federal law and regulation, the city of Enid hereby adopts an "identity
theft prevention program", to prevent and mitigate identity theft through the use of "red
flags". (Ord. 2009-12, 4-21-2009)
1-14-2: DEFINITIONS:
As used in this chapter, the following terms shall have the meanings ascribed to them in
this section:
COVERED ACCOUNT: An account that a financial institution or creditor offers or
maintains, primarily for personal, family, or household purposes, that involves or is
designed to permit multiple payments or transactions, such as a credit card account, or
utility account, and any other account that the financial institution or creditor offers or
maintains for which there is a reasonably foreseeable risk to customers or to the safety
and soundness of the financial institution or creditor from identity theft, including
financial, operational, compliance, reputation, or litigation risks.
CREDIT: The right granted by a creditor to a debtor to defer payment of debt or to incur
debts and defer its payment or to purchase property or services and defer payment
therefor.
CREDITOR: Any person who regularly extends, renews, or continues credit; any person
who regularly arranges for the extension, renewal, or continuation of credit; or any
assignee of an original creditor who participates in the decision to extend, renew, or
continue credit and includes utility companies.
CUSTOMER: A person that has a covered account with a creditor.
IDENTITY THEFT: A fraud committed or attempted using identifying information of
another person without authority.
PERSON: A natural person, a corporation, government or governmental subdivision or
agency, trust, estate, partnership, cooperative, or association.
PERSONAL IDENTIFYING INFORMATION: A person's credit card account information,
debit card information, bank account information and driver's license information and for
a natural person includes the person's social security number, date of birth and the
person's mother's birth name.
RED FLAGS: A pattern, practice, or specific activity that indicates the possible
existence of identity theft.
SERVICE PROVIDER: A person that provides a service directly to the city. (Ord. 200912, 4-21-2009)
1-14-3: FINDINGS:
The city has performed a risk assessment as required by federal law and the findings of
the assessment are as follows:
A. The city is a creditor pursuant to 16 CFR section 681.2 due to its maintenance of
covered accounts for which payment is made in arrears.
B. The processes of opening a new covered account, restoring an existing covered
account, making payments on such accounts have been identified as potential
processes in which identity theft could occur.
C. Access to personal identifying information is restricted to those employees
responsible for or otherwise involved in opening or restoring covered accounts or
accepting payment for use of covered accounts. Information provided to such
employees is entered directly into the city's computer system and is not otherwise
recorded.
D. There is a "low risk" of identity theft for customers that utilize city services:
1. Use by an applicant of another person's identifying information to establish a new
covered account;
2. Use of a customer's or previous customer's personal identifying information by an
applicant to obtain or restore service in the previous customer's name;
3. Use of another person's credit card, bank account, or other method of payment by a
customer to pay a customer's covered account or accounts;
4. Use of another person's credit card, bank account, or other method of payment in order
to obtain or restore an account. (Ord. 2009-12, 4-21-2009)
1-14-4: PROCESS OF ESTABLISHING A COVERED ACCOUNT:
As a precondition to opening a covered account, each applicant shall provide the city
with personal identifying information of the applicant/customer. Such information shall
be entered directly into the city's computer system and shall not otherwise be recorded.
Each account shall be assigned an account number. The city may utilize computer
software to randomly generate assigned PINs and to encrypt account numbers and
PINs. (Ord. 2009-12, 4-21-2009)
1-14-5: ACCESS TO COVERED ACCOUNT INFORMATION:
Access to customer accounts shall be password protected and shall be limited to
authorized city personnel. Any unauthorized access to or other breach of customer
accounts is to be reported immediately to the finance director and the password
changed immediately. Personal identifying information included in customer accounts is
considered confidential and any requests or demand for such information shall be
immediately forwarded to the finance director and the city attorney for a determination
concerning release. (Ord. 2009-12, 4-21-2009)
1-14-6: CREDIT CARD PAYMENTS:
A. In the event that credit card payments made over the internet are processed through
a third party service provider, such third party service provider shall certify that it has
an adequate identity theft prevention program in place that is applicable to such
payments.
B. All credit card payments made over the telephone or via the city's website shall be
entered directly into the customer's account information in the computer database.
C. Account statements and receipts for covered accounts shall include only the last four
(4) digits of the credit card, debit card or the bank account used for payment of the
covered account. (Ord. 2009-12, 4-21-2009)
1-14-7: RED FLAGS:
All employees responsible for or involved in the process of opening a covered account,
restoring a covered account, or accepting payment for a covered account shall check
for "red flags". Red flags include:
A. Alerts: Alerts from consumer reporting agencies, fraud detection agencies or service
providers. Examples of alerts include, but are not limited to:
1. A fraud or active duty alert that is included with a consumer report;
2. A notice of credit freeze in response to a request for a consumer report;
3. A notice of address discrepancy provided by a consumer reporting agency; or
4. Indications of a pattern of activity in a consumer report that is inconsistent with the
history and usual pattern of activity of an applicant or customer, such as:
a. A recent and significant increase in the volume of inquiries;
b. An unusual number of recently established credit relationships;
c. A material change in the use of credit, especially with respect to recently established
credit relationships; or
d. An account that was closed for cause or identified for abuse of account privileges by a
financial institution or creditor.
B. Suspicious Documents: Examples of suspicious documents include:
1. Documents provided for identification that appear to be altered or forged;
2. Identification on which the photograph or physical description is inconsistent with the
appearance of the applicant or customer;
3. Identification on which the information is inconsistent with information provided by the
applicant or customer;
4. Identification on which the information is inconsistent with readily accessible information
that is on file with the financial institution or creditor, such as a signature card or a
recent check; or
5. An application that appears to have been altered or forged, or appears to have been
reassembled.
C. Suspicious Personal Identification: Examples of suspicious identifying personal
information include:
1. Personal identifying information that is inconsistent with external information sources
used by the financial institution or creditor. (For example, the address does not match
any address in the consumer report, or the social security number (SSN) provided has
not issued, or is listed in the social security administration's death master file.)
2. Personal identifying information provided by the customer is not consistent with other
personal identifying information provided by the customer, such as a lack of correlation
between the SSN ranges and date of birth.
3. Personal identifying information (such as a phone number or address) that is
associated with known fraudulent applications or activities as indicated by internal or
third party sources used by the financial institution or creditor.
4. Other information provided, such as a fictitious mailing address, maildrop addresses,
jail addresses, invalid phone numbers, pager numbers or use of an answering service
that is associated with fraudulent activity.
5. The SSN provided is the same as that submitted by other applicants or customers.
6. The address or telephone number provided is the same as or is similar to the account
number or telephone number submitted by an unusually large number of applicants or
customers.
7. The applicant or customer fails to provide all required personal identifying information
on an application or in response to notification that the application is incomplete.
8. Personal identifying information is not consistent with personal identifying information
that is on file with the financial institution or creditor.
9. The applicant or customer cannot provide authenticating information beyond that which
generally would be available from a wallet or consumer report.
D. Suspicious Activity: Unusual use of or suspicious activity relating to a covered
account. Examples of suspicious activity include:
1. Shortly following the notice of a change of address for an account, the city receives a
request for the addition of authorized users on the account.
2. A new revolving credit account is used in a manner commonly associated with known
patterns of fraud, such as a customer failing to make the first payment or makes the first
payment but fails to make subsequent payments.
3. An account is used in a manner that is not consistent with established patterns of
activity on the account. (For example, there is a nonpayment when there is no history of
late or missed payments, or a material change in consumption of services.)
4. Mail sent to the customer is returned repeatedly as undeliverable although transactions
continue to be conducted in connection with the customer's account.
5. The city is notified that the customer is not receiving paper account statements.
6. The city is notified of unauthorized charges or transactions in connection with a
customer's account.
7. The city is notified by a customer, law enforcement or another person that it has opened
a fraudulent account for a person engaged in identity theft.
E. Notice: Notice from customers, law enforcement, victims or other reliable sources
regarding possible identity theft or phishing relating to covered accounts. (Ord. 200912, 4-21-2009)
1-14-8: PREVENTION AND MITIGATION OF IDENTITY THEFT:
A. Existing Accounts: In the event that a city employee responsible for or involved in
restoring an existing covered account or accepting payment for a covered account
becomes aware of one or more red flags with respect to existing covered accounts,
such employee shall use discretion to determine whether such red flag or
combination of red flags suggest a threat of identity theft. If such employee
determines that identity theft or attempted identity theft is likely or probable, such
employee shall immediately report such red flags to the finance director. If such
employee deems that identity theft is unlikely or that reliable information is available
to reconcile red flags, the employee shall convey this information to the finance
director, who may determine that no further action is necessary. If the finance
director determines that further action is necessary, a city employee shall perform
one or more of the following responses, as determined to be appropriate by the
finance director:
1. Contact the customer;
2. If after contacting the customer, it is apparent that someone other than the customer
has accessed the customer's covered account, the following changes to the account
should occur:
a. Change any account numbers, passwords, security codes or other security devices that
permit access to an account; or
b. Close the account;
3. Cease attempts to collect additional charges from the customers, and decline to sell the
customer's account to a debt collector in the event that the customer's account has
been accessed without authorization and such access has caused additional charges to
accrue;
4. In the event that a customer's account has been sold to a debt collector prior to the
discovery of the likelihood or probability of identity theft relating to such account, notify
the debt collector within seventy two (72) hours of the discovery of a probable identity
theft related to a customer account;
5. Notify law enforcement, in the event that someone other than the customer has
accessed the customer's account causing additional charges to accrue or accessing
personal identifying information; or
6. Take other appropriate action to prevent or mitigate identity theft.
B. New Accounts: In the event that a city employee responsible for or involved in
opening a new covered account becomes aware of one or more red flags with
respect to an application for a new account, such employee shall use discretion to
determine whether such red flag or combination of red flags suggests a threat of
identity theft. If such employee determines that identity theft or attempted identity
theft is likely or probable, such employee shall immediately report such red flags to
the finance director. If such employee deems that identity theft is unlikely or that
reliable information is available to reconcile red flags, the employee shall convey this
information to the finance director, who may determine that no further action is
necessary. If the finance director determines that further action is necessary, a city
employee shall perform one or more of the following responses, as determined to be
appropriate by the finance director:
1. Request additional identifying information from the applicant;
2. Deny the application for the new account;
3. Notify law enforcement of possible identity theft; or
4. Take other appropriate action to prevent or mitigate identity theft. (Ord. 2009-12, 4-212009)
1-14-9: PROGRAM ADMINISTRATION:
A. The finance director is appointed the compliance administrator and is responsible for
oversight of the program and for program implementation. The city manager is
responsible for reviewing reports prepared by staff regarding compliance with red
flag requirements and with recommending material changes to the program to
address changing identity theft risks and to identify new or discontinued types of
covered accounts. Any recommended material changes to the program shall be
submitted to the city council for consideration.
B. The finance director will review the program in November 2009, and prepare a report
for the city manager and the city council in May 2010. The report will address
material matters related to the program and evaluate issues such as:
1. The effectiveness of its policies and procedures in addressing the risk of identity theft in
connection with the covered accounts;
2. Service provider arrangements;
3. Significant incidents involving identity theft and management's response; and
4. Recommendations for material changes to the program.
Thereafter, the finance director shall report at least annually to the city manager on
compliance with the identity theft prevention program.
C. The finance director is responsible for providing training to all employees responsible
for or involved in opening a new covered account, restoring an existing covered
account or accepting payment for a covered account with respect to the implantation
and requirements of the identity theft prevention program. The finance director shall
determine the amount and substance of training necessary. (Ord. 2009-12, 4-212009)
1-14-10: AMENDMENTS TO PROGRAM:
Based upon the annual reviews of the program, recommendations and amendments to
the program should be considered by the city council whenever necessary. The council
should consider updating this chapter to reflect changes in risks to customers or to the
safety of the city and its covered accounts from identity theft. It shall consider the
following factors and exercise its discretion in amending the program:
A. The city's experience with identity theft;
B. Updates in methods of identity theft;
C. Updates in customary methods used to detect, prevent, and mitigate identity theft;
D. Updates in the types of accounts that the city offers or maintains; and
E. Updates in service provider arrangements. (Ord. 2009-12, 4-21-2009)
1-14-11: OUTSIDE SERVICE PROVIDERS:
In the event that the city engages a service provider to perform an activity in connection
with one or more covered accounts the finance director shall exercise discretion in
reviewing such arrangements in order to ensure that the service provider's activities are
conducted in accordance with policies and procedures that are designated to detect any
red flags that may arise in the performance of the service provider's activities and that
appropriate steps are in place to prevent or mitigate identity theft. This should be
covered in the contract between the service provider and the city. (Ord. 2009-12, 4-212009)
1-14-12: TREATMENT OF ADDRESS DISCREPANCIES:
A. Customer Identity: Pursuant to 16 CFR section 681.1, the city must establish a
process for determining the identity of a customer when there is a discrepancy
between the address provided and the one listed on the customer credit report.
B. Activities To Be Performed: In the event that the city receives a notice of address
discrepancy, the city employee responsible for verifying a consumer's address for
the purpose of providing the municipal service or account sought by the consumer
shall perform one or more of the following activities, as determined to be appropriate
by such employee:
1. Compare the information in the consumer report with:
a. Information the city obtains to verify a consumer's identity in accordance with the
requirements of the customer information program rules pursuant to 31 USC section
531.8(l);
b. Information the city maintains in its own records, such as applications for service,
change of address notices, other customer account records or tax records; or
c. Information the city obtains from third party sources that are deemed reliable by the
relevant city employee; or
2. Verify the information in the consumer report with the consumer.
C. Address Confirmation; Reporting To Consumer Reporting Agency: In the event that
the city reasonably confirms that an address provided by a consumer to the city is
adequate, the city is required to provide such address to the consumer reporting
agency from which the city received a notice of address discrepancy with respect to
such consumer. This information is required to be provided to the consumer
reporting agency when:
1. The city is able to form a reasonable belief that the consumer report relates to the
consumer about whom the city requested the report;
2. The city establishes a continuing relationship with the consumer; and
3. The city regularly and in the ordinary course of business provides information to the
consumer reporting agency from which it received the notice of address discrepancy.
Such information shall be provided to the consumer reporting agency as part of the
information regularly provided by the city to such agency for the reporting period in
which the city establishes a relationship with the customer.
D. Methods Of Confirming Consumer Addresses: The city employee charged with
confirming consumer addresses may confirm the accuracy of an address through
one or more of the following methods:
1. Verify the address with the consumer;
2. Review the city's records to verify the consumer's address;
3. Verify the address through third party sources; or
4. Use other reasonable processes. (Ord. 2009-12, 4-21-2009)
Addendum 5
HIPAA
CITY OF ENID OPERATING PROCEDURES
SERIES: HUMAN RESOURCES EFFECTIVE DATE: 04/14/04
PAGE NO: 1
PROCEDURE: PRIVACY OF MEDICAL
RECORDS POLICY
PURPOSE
This Privacy of Medical Records Policy (“this Policy”) sets forth policies and procedures
when “Health Plan Administrative Employees” or “Emergency Medical Care Providers” create,
receive, record, maintain, use, or disclose “Protected Health Information” under the Privacy
Rules established in the Health Insurance Portability and Accountability Act of 1996, as amended
(“HIPAA”); or when “Supervisory Employees” or “Jail Support Staff” create, receive, record,
maintain, use, or disclose certain other health information protected from use or disclosure under
“Other Laws” and policies.
SCOPE
This policy is in full force and effect throughout the City of Enid and applies to all
“Employees” from and after April 14, 2004. A copy of this Policy is made available to
Employees at http://www.enid.org/EmployeePortal/HumanResources/Information and Forms.
.
DEFINITIONS
For purposes of this Policy, the capitalized terms are defined as follows:
1. ADA – the Americans with Disabilities Act of 1990, as amended, or any applicable State
law and regulations of similar purpose and scope.
2. Business Associate – a third party having a contractual or business relationship with the
City of Enid and/or a Group Health Plan, and in connection with such relationship, does
or may reasonably be expected to create, receive, record, maintain, use or disclose
Protected Health Information or “PHI”.
3. Covered Person – an Employee, a dependent of an Employee, or an Alternate Recipient
under a Qualified Medical Child Support Order, who participates, or previously
participated, in a Group Health Plan.
4. Eligibility Information – information about any individual, whether written or oral,
describing eligibility for past or future coverage or benefits under a Group Health Plan.
5. Employee – an employee or former employee of the City of Enid on and after April 14,
2004.
6. FMLA – the Family and Medical Leave Act of 1991, as amended or any applicable State
law and regulations of a similar purpose and scope.
7. Group Health Plan (“GHP”) – an insured or self-insured employee group health plan,
as defined in HIPAA, providing health, medical, vision, cancer (or other specific disease
or condition) and/or dental coverage, medical reimbursement (such as a Flexible
Spending Account), or an Employee Assistance Program (“EAP”) for counseling or
mental health benefits to a Covered Person, sponsored or adopted by the City of Enid.
The term Group Health Plan does not include long-term disability or life insurance plans.
8. Health Care Transaction – the transmission of PHI between two parties to carry out
financial or administrative activities of a GHP regarding a Covered Person.
9. Health Plan Administrative Employee – a designated Employee of the City of Enid
creating, receiving, recording, maintaining, using, or disclosing Protected Health
Information for, on behalf of, or in connection with the administration of a GHP. These
duties may include assisting with or handling enrollment, making claims under a GHP,
performing payroll deductions and/or other accounting procedures, determinations
regarding claims, appeals of claims, or litigation regarding a GHP.
10. Emergency Medical Provider – a designated employee of the City of Enid creating,
receiving, recording, maintaining, using or disclosing PHI as part of emergency response
job responsibility. This may include administering or assisting in the administering of
first aid in an emergency situation.
11. Jail Support Staff – a designated City Employee creating, receiving, recording,
maintaining, using or disclosing OPHI in relation to job responsibilities related to the
care of people incarcerated at the municipal jail.
12. HIPAA – the Health Insurance Portability and Accountability ACT of 1996, as amended
or any applicable State law and regulations of similar purpose and scope.
13. Other Laws – applicable State and federal medical privacy and confidentiality laws
medical records, and Workers’ Compensation statutes and regulations.
14. Other Private Health Information (“OPHI”) – medical or health information
(including genetic information) regarding an Employee or Covered Person that is
created, received, recorded, maintained, used, or disclosed for an employment-related
purpose, and although not protected under HIPAA’s Privacy Rule, is protected from use
or disclosure under other City of Enid policies and Other Laws.
Examples of OPHI include:
a. ADA – Requests for accommodation under the ADA or similar State laws, and all
medical or health information related to a request, determination, or provision for
accommodations;
b. Attendance Programs – Management and documentation of Employee absences,
late arrivals and leaving early under the City of Enid attendance program;
c. Collective Bargaining and Labor Arbitrations – Union organizing campaigns,
collective bargaining negotiations, grievance resolution proceedings, labor
arbitrations and related matters, which may involve medical or health information of
bargaining unit employees;
d. Collective Physicals – A physical or medical treatment of an Employee for any
employment purpose (such as Fitness for Duty Examinations, executive physicals,
first aid treatment or routine inoculations.
e. Disability Leave – Requests or applications for short or long-term disability
payments, sick pay, or leave;
f. Employee Assistance Plan or Program (“EAP”) - (which does not provide group
health benefits) – All records and matters pertaining to the use of an Employee
Assistance Plan or Program by an Employee or dependent, as it relates to
employment matters. If the EAP provides actual counseling or treatment, at the
employee’s request, the EAP will be considered a Business Associate and the
information will be considered PHI;
g. FMLA – Requests for leave under the FMLA or similar State laws, requests for
medical certification of a ‘serious health condition,’ and related matters;
h. Substance Abuse Tests – Authorizations for testing, chain-of-custody procedures,
laboratory results or reports pertaining to substance abuse testing; and,
i. Worker’s Compensation – Claims, appeals, determinations of return to work,
medical records, determinations of Transitional Work Assignments, and all
matters relating to Worker’s Compensation.
Any medical or health information regarding an Employee that is used for any
Employment-related purpose shall be treated as OPHI, regardless of the manner in which
it was communicated to the Supervisory Employee or the purpose for which it was
originally communicated.
15. Privacy Officer – the person designated by the City of Enid as it’s Privacy Officer, or an
authorized delegate of such officer.
16. Privacy Rule – the privacy regulations established under HIPAA setting forth prohibited
Permitted uses and disclosures of Protected Health Information.
17. Protected Health Information or “PHI” – medical or health information (including
genetic information) created, received, recorded, maintained, used, or disclosed in the
adoption, termination, amendment, or administration of a GHP which identifies a
Covered Person and is protected from use or disclosure under HIPAA and the Privacy
Rule. Such information may relate to a past, present, or future physical or mental health
condition, treatment, or payment for treatment.
18. Supervisory Employee – an Employee who has any supervisory authority or responsibility
over any other Employee, including without limitation, and safety representatives,
and who is not acting in the capacity of a Health Plan Administrative Employee.
POLICY STATEMENT
It is the City of Enid’s policy to comply with HIPAA and the Privacy Rule regarding the use
and disclosure of PHI and to comply with Other Laws regarding the use and disclosure of OPHI.
If Other Law is more restrictive than HIPAA or the Privacy Rule with regard to PHI or OPHI, the
Other Law will be followed. Current Employees, rehired Employees, and newly hired Employees
will receive notice of and, if appropriate, training on the City of Enid’s policies and procedures
relating to PHI and OPHI. Business Associates will be provided with notice of and will be bound
to contractual terms requiring them to adhere to the Privacy Rule and this policy.
The Privacy Officer will have responsibility for implementing this Policy and the authority
to establish and publish rules, regulations, and forms for use in the enforcement and
administration of this Policy.
Information relating to the health or medical condition of an individual that is not created,
received, recorded, maintained, used, or disclosed: (1) in the course of the City of Enid’s
business; (2) for an employment-related purpose; or (3) in relation to the administration of a
GHP, is not PHI or OPHI.
For example: An E-mail or other communication to or among a group of Employees
taking up a collection to send a card or flowers to a fellow Employee or dependent that is
hospitalized, ill, who has had a baby, or for similar purposes is not PHI or OPHI.
However, medical and health information concerning an Employee or family member shall
not be disclosed outside of The City of Enid regardless of how it was obtained and shall not be
disclosed internally except to an authorized Employee on a “need to know basis” and only to the
minimum extent necessary.
For example: An employee shall not disclose any medical or health information regarding
any other Employee or family member to a credit-reporting agency, mortgage lender,
private investigator, or insurance agency. A person requesting such information is to be told
that private, personnel and medical information cannot be released without a signed
authorization from the Employee or pursuant to Procedure D of this Policy (“Requests from
Governmental Authorities or Under Legal Process”).
A. PHI PRIVACY RULE OR POLICY
Health Plan Administrative Employees are responsible for complying with this
Policy with regard to PHI.
Any creation, receipt, recording, maintenance, use or disclosure of PHI not in
accordance with this Policy and the Privacy Rule by or to a person who is not a
Health Plan Administrative Employee, or a person who is not acting in the capacity
of a Health Plan Administrative Employee, will be considered an unauthorized act for
purposes of this Policy and will be reported to the Privacy Officer. PHI will not be
created, received, recorded, maintained, used, or disclosed for any employmentrelated
purpose.
B. OPHI PRIVACY POLICY
Supervisory Employees are responsible for complying with this Policy with
regard to OPHI. When an Employee requests leave under the FMLA or an
accommodation under the ADA (or where accommodation under the ADA must
be explored through the ADA’s interactive process), the Supervisory Employee
should obtain the necessary OPHI from the Employee according to the The
City of Enid’s policies and procedures applicable to FMLA or the ADA. NOTE: A
Supervisory Employee who creates, receives, records, maintains, uses or
discloses PHI becomes a Health Plan Administrative Employee subject to the PHI
policy and Procedures.
PROCEDURES
A. PROTECTED HEALTH INFORMATION
1. Notice of Privacy Practices Policy
The Privacy Officer will provide written Notice to all Employees and
Covered Persons of this Policy at such times as required by the Privacy Rule
(See Attachment 1).
2. Development and Administration of Medical Privacy Training
The Privacy Officer will develop, approve, certify and administer
training for the Health Plan Administrative Employees or “Emergency
Medical Care Providers” (Level I). Training for Level II will include the
Level I training materials.
No Health Plan Administrative Employee may create, receive, record,
maintain, use, or disclose PHI unless certified by the Privacy Officer as
having satisfactorily completed the City of Enid’s HIPAA Privacy Training
Level II, or if previously certified, having received refresher Level II training
within the preceding 12 months. The required training is incorporated into
this policy, as Attachment 2.
3. Permitted Uses and Disclosures of PHI
The GHP and Health Plan Administrative Employees will not use or
Disclose any PHI that was collected or received in connection with a Health
Care Transaction unless the use or disclosure is permitted or required by law,
or is one of the uses or disclosures listed below:
a. Pursuant to the written authorization of the Covered Person, or the
Covered Person’s legal representative or guardian, that is dated and signed
by the Covered Person or legal guardian and obtained within one year of
the date of the signed authorization (See Attachment 3).
b. To the Covered Person or the Covered Person’s legal representative or
guardian, along with the presentation of a valid Social Security or
identification number;
c. To the City of Enid or a Business Associate reporting claims experience
or auditing of the GHP’s operations or services, provided the information
is reasonably necessary to conduct the review or audit;
d. To a medical care institution or medical professional to verify coverage or
benefits, inform an individual of a medical problem that they may not be
aware of and that is necessary for the individual’s care or treatment, or to
conduct operations or service audits to verify a Covered Person received
treatment;
e. To an insurance company, health care organization, or to the City of Enid,
of information that is reasonably necessary to detect or prevent criminal
activity, fraud, material misrepresentation or material disclosure in
connection with insurance transactions, or enables such entity to perform
its function in connection with a Health Care Transaction;
f. To an insurance or healthcare regulatory authority;
g. To a law enforcement or other governmental authority if the GHP
reasonably believes that illegal activities have been conducted by the
Covered Person;
h. Made for the purpose of conducting actuarial or research studies, provided
no Covered Person is identified in the actuarial or research report,
materials identifying the Covered Person are returned or destroyed when
no longer needed, and the actuarial or research organization agrees not to
disclose the information unless otherwise permitted under the HIPAA
Privacy Rule;
i. To an internal or external professional peer review organization reviewing
the service or conduct of a medical care institution or provider;
j. To a governmental authority determining the Covered Person’s eligibility
for health care benefits administered by the governmental authority;
k. In response to a facially valid administrative or judicial order, including a
search warrant or subpoena;
l. To a health maintenance organization, health plan or insurer when the
GHP is acting as a subcontractor to that organization and the Covered
Person is covered by the GHP pursuant to their enrollment in that
organization; or,
m. Disclosure of Eligibility Information to a Covered Person or a Covered
Person’s doctor, current spouse, eligible dependent, or the legal guardian
of any of the foregoing, along with the presentation of a valid Social
Security or identification number.
4. De-Identified PHI
PHI, or a compilation of PHI, that has been “de-identified” pursuant to the Privacy
Rule may be used or disclosed if the Privacy Officer is satisfied that the de-identification of the
PHI or compilation is proper.
5. Employees Other than Health Plan Administrative Employees Prohibited
from Access to PHI
Any Employee, other than a Health Plan Administrative Employee who has
completed the training required by this Policy, who obtains access to PHI or who creates,
receives, records, maintains, uses or discloses PHI shall be immediately reported to the Privacy
Officer, by any employee, supervisor or individual that has such knowledge.
6. Rights of Covered Persons
Health Plan Administrative Employees will assist, as necessary, Covered Persons in
making and transmitting to the appropriate GHP requests to restrict, communicate privately,
access, amend, receive an accounting of disclosures, or authorize use or disclosure of their PHI,
and requests to appeal denials of such requests.
Health Plan Administrative Employees will assist, as necessary, Covered Persons in
making and transmitting to the Privacy Officer any complaints of unauthorized uses and
disclosures of PHI, or discrimination, harassment or retaliation under HIPAA and this Policy.
Health Plan Administrative Employees will assist Covered Persons, as necessary, in
obtaining their rights under the Privacy Rule, and will coordinate with the Privacy Officer in
carrying out the Heal th Plan Administrative Employees’ responsibilities under this Policy and the
Privacy Rule.
Covered Persons have the following rights regarding their PHI (links to appropriate
forms for exercising these rights appear at the end of this Policy):
a. to request a copy of the the City of Enid’s Notice of Protected Health
Information Privacy Practices (“Notice”), even if they previously agreed to
receive the Notice electronically;
b. to request restrictions on the use and disclosure of their PHI;
c. to request confidential communication regarding their PHI by an alternative
means or at an alternative location if appropriate cause is shown;
d. to request access to their PHI for inspection and/or copying;
e. to request to amend their PHI that is alleged to be inaccurate or incomplete;
f. to request an accounting of disclosures of their PHI;
g. to authorize use or disclosure of their PHI; or,
h. to request an appeal of a denial of their request or authorization contained in
subsections (b) through (g) of this section, or to file a complaint alleging
unauthorized uses and disclosures of their PHI or a complaint of
discrimination, harassment or retaliation for exercising their rights under
HIPAA or this Policy.
Covered Persons may request forms directly from the Human Resources
Representative, the City of Enid’s Privacy Officer, or by accessing the forms through the the City
of Enid intranet site: (http://it1coe.local)
B. OTHER PRIVATE HEALTH INFORMATION
Supervisory Employees may come into contact with OPHI concerning a City of
Enid employee or a relative of such person in connection with administration of the ADA,
FMLA, Worker’s Compensation laws, short or long-term disability, and for similar employmentrelated
purposes. In these cases, Supervisory Employees must comply with other Laws and the
City of Enid Operating Procedures regarding attendance, sick leave, Substance Abuse Policy,
Family and Medical leave reasonable accommodations, Worker’s Compensation and Injury
Leave, and any other applicable City of Enid policies, in addition to this Policy.
1. Training Requirements for Supervisory Employees
No Supervisory Employee may create, receive, record, maintain, use, or disclose
OPHI unless certified by the Privacy Officer as having satisfactorily completed the the City of
Enid’s HIPAA Privacy Training Level I, or if previously certified, having received refresher
Level I training within the preceding 12 months. The required training is incorporated into this
Policy.
2. Employees Other than Supervisory Employees Prohibited from Access to
OPHI
No Employee other than a Supervisory Employee who has satisfactorily completed
Level I training may create, receive, record, maintain, use, or disclose OPHI.
C. SECURITY PROCEDURES FOR PHI AND OPHI
The creation, receipt, recording, maintenance, use or disclosure of PHI or OPHI will
only take place in a private environment where only authorized persons are present and where the
participants may not be overheard or observed by unauthorized personnel. All PHI and OPHI
will be maintained as follows:
1. Paper Files
Any physical or paper file containing PHI or OPHI will be secured in a file separate
from the Employee’s personnel file and from the files of other Employees or Covered Persons.
Such file will be under lock and key and under the supervision of a Supervisory Employee (in the
case of OPHI) or Health Plan Administrative Employee (in the case of PHI) who has custody of
that file. Such file will not be left unattended unless secured in a locked file cabinet or drawer
and will not be copied or transmitted except in accordance with this Policy, or with the written
approval of the Privacy Officer.
2. Electronic Files
Electronic files containing PHI or OPHI will be maintained in fully secured
computer, network or system files approved by the Privacy Officer using encryption or other
password protection. Passwords will be maintained in paper files secured in accordance with the
“Paper Files” procedures above.
D. REQUESTS FROM GOVERNMENTAL AUTHORITIES OR UNDER LEGAL
PROCESS
Any Employee who receives or has notice of any request for production, interrogatory,
notice of deposition, notice of audit, demand, request for inspection, subpoena, search warrant,
order, motion or other request for PHI or OPHI issued by a federal, state, local or other
governmental agency, or issued under authority of any court or legislative body, whether in
writing or otherwise, will immediately forward the request to the Privacy Officer.
E. RETALIATION OR HARASSMENT PROHIBITED
No Employee or Covered Person may be discriminated against or subjected to harassment
or retaliation in any way for exercising their rights under HIPAA, Other Laws, or this Policy.
F. NONCOMPLIANCE
Failure of a Supervisory Employee or Health Plan Administrative Employee to adhere to
this policy may result in discipline, up to and including discharge. Any violation of this policy
should be reported to the Privacy Officer at 580-234-0400. Any violation of this policy by a
Business Associate may subject the Business Associate to sanctions as provided in the contract
with the Business Associate, or as provided under applicable law, up to and including termination
of the contract or relationship.

Addendum 1 - City of Enid

Transcription

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