UNIFORM PERSONNEL RULES AND
Transcription
UNIFORM PERSONNEL RULES AND
UNIFORM PERSONNEL RULES AND REGULATIONS MANUAL For the CITY OF YANKTON, SOUTH DAKOTA (Revised) Adopted: Effective: Revised: RESOLUTION # A RESOLUTION APPROVING THE REVISED PERSONNEL MANUAL FILED BY THE CITY MANAGER WITH THE CITY FINANCE OFFICER WHICH PROVIDES RULES AND REGULATIONS RELATIVE TO ALL OFFICERS AND EMPLOYEES OF THE CITY OF YANKTON, SOUTH DAKOTA WHEREAS, it is recognized that a sound personnel program is a major element in securing and retaining qualified employees who will perform the municipal services most efficiently for the citizens of Yankton, and, WHERAS, the City Manager has determined that it is desirable that uniform policies and procedures concerning personnel matters are made applicable to all employees of the City of Yankton; and, WHERAS, under the provision of the Commission-Manager form of government of the State of South Dakota, SDCL 9-10-13 and the Yankton Code of Ordinances, the City Manager has the responsibility to provide rules and regulations in regard to their employment; NOW, THEREFORE, BE IT RESOLVED, by the Board of City Commissioners of the City of Yankton, South Dakota: Section 1. That the Personnel Manual filed with the City Finance Officer and the Board of City Commissioners is hereby approved, subject however to its further amendments as may from time to time be necessary or required. Section 2. That the City Manager shall have the right to amend said Personnel Manual from time to time as may be required; said amendments shall be forwarded to an employee advisory committee for comment; and, that said amendment shall require the approval of the Board of City Commissioners. Provided, however, that nothing contained therein shall relieve the City Manager of his duty and obligation to administer the affairs of the various departments of the city and to make such administrative decisions as may be necessary for the proper administration of each department which are consistent and do not conflict with the Yankton Code of Ordinances, state statute, or federal law. Section 3. That in the event any rules and regulations set forth in said Personnel Manual are in conflict with any federal or state laws or ordinances of the City of Yankton, South Dakota, such federal or state laws or ordinance of the City of Yankton, SD, shall be controlling. Section 4. This resolution shall be in full force and effect from and after its adoption, repealing any previous resolutions adopted for same or similar purpose Adopted: Published: Effective: Curt Bernard, Mayor ATTEST: Al Viereck, Finance Officer Table of Contents 1. INTRODUCTION 1.1. Purpose of Organization 1.2. Purpose of Manual 1.3. Amendments to the Personnel Manual 1.4. Administrative Responsibility 1.5. Departmental Regulations 1.6. Chain of Command 1.7. Release of Information 1.8. Agreement 1 1 1 1 1 2 2 2 2 2. PERSONNEL RESPONSIBILITIES 2.1 The City Commission 2.2. Board of Public Library Trustees 2.3. The City Manager 2.4. Library Director 2.5. City Department Heads 2.6. Employees 2.6.1. Public Relations 2.6.2. Motivation/Knowledge 4 4 4 4 4 4 5 5 5 3. CONDITIONS OF EMPLOYMENT 3.1. Definition and Purpose 3.2. Equal Opportunity 3.3. Recruitment 3.4. Application for Employment 3.5. Eligibility 3.6. Qualifications 3.7. Veterans Preference 3.8. Disqualification 3.9. Selection 3.10. Appointment of City Employees 3.11. Employment Offers 3.12. Acceptance of Employment 3.13. Physical Fitness 3.14. Residency 3.15. Hiring of Relatives (Nepotism) 3.15.1 Purpose 3.15.2 Policy 3.15.3 Hiring 3.15.4 Supervision 3.15.5 Key Decisions 3.15.6 Day-to-Day Assignments 3.15.7 Definitions 3.16. Outside Employment 7 7 7 7 7 7 8 8 8 8 8 8 9 9 9 9 9 10 10 10 10 11 11 11 4. PROBATION 4.1. Duration and Purpose 4.2. Extension 4.3. Evaluation 4.4. Administrative Probation 13 13 13 13 13 5. CLASSIFICATION, PAY PLAN, AND OTHER BENEFITS 5.1. Purpose 5.2. Classification 5.3. Description 5.4. Method of Classification 5.5. Reclassification of Positions 5.6. Types of Employment Regular Appointment 5.6.1 5.6.2. Temporary Appointment 5.6.3. Contract Labor 5.7. Performance Evaluations 5.8. Pay Plan 5.8.1. Range 5.8.2. Determination 5.8.3. Schedule of Ranges 5.8.4. Administration and Interpretation 5.9. Maximum Compensation 5.10. Entrance Pay 5.11. Step Pay Plan Salary Increases 5.12. Overtime Pay 5.12.1. Definition 5.12.2. Prior Approval 5.12.3 Overtime Rate 5.12.4. Compensatory Time Rate 5.12.5. Accumulation 5.12.6. Approval for Compensatory Time 5.12.7. Specialized Shift 5.12.8. Travel Time 5.12.9 Administrative and Staff Exemption 5.13. Dates of Pay 5.13.1. Schedule 5.13.2. Exception 5.14. Volunteer Firefighters 5.15. Longevity Pay 5.15.1. Eligibility 5.15.2. Payment 5.16. Payroll Records 5.17. Final Pay 5.18. On-Call Pay 5.19. Special Shift Differential Pay 5.20. Insurance Benefits 5.21. Retirement Benefits 5.22. Deferred Compensation 5.23. Flex Plan 5.24. Direct Deposit 15 15 15 15 15 15 15 15 16 16 16 17 17 17 17 17 17 17 17 17 17 18 18 18 18 18 18 18 19 19 19 19 19 19 20 20 20 20 20 20 21 21 21 21 21 6. TRAINING 23 7. TRANSFERS AND PROMOTIONS 25 7.1. Promotion 7.2. Examinations 7.3. Transfer 7.4. Eligibility 7.5. Notice and Effective Date 7.6. Transfer of Probationary Period 25 25 25 25 25 25 8. EMPLOYEE SUGGESTIONS AND RECOMMENDATIONS 27 9. EMPLOYEE COMMITTEE 9.1. Purpose 9.2. Appointment 29 29 29 10. SAFETY 10.1 Use of Safety Belts 31 31 11. SAFETY COMMITTEE 11.1. Committee Members 11.2. Purpose 11.3. Exceptions 33 33 33 33 12. TRAVEL 12.1. General 12.2. Guidelines 12.2.1. Transportation 12.2.2. Receipts for Allowed Expenses 12.2.3. Expense Reports 12.2.4. Mileage 12.3. Travel Time 12.4. Travel Advance 12.5. Authorization 35 35 35 35 35 35 35 36 36 36 13. LEAVES OF ABSENCE 13.1. Leaves of Absence With Pay 13.1.1. Earned Vacation 13.1.2. Family and Medical Leave 13.1.3. Accrued Sick Leave 13.1.4. On the Job Injury 13.1.5. Civil Duty 13.1.6. Holidays 13.2. Leaves of Absence Without Pay 13.2.1. Unearned Sick Leave 13.2.2. Educational Leave 13.2.3. Other Leave Without Pay 13.3. Military Leave 13.3.1 Eligibility 13.3.2. Requesting Military Leave 13.3.3. Military Leave Reinstatement Procedures 13.3.4. Military Leave Reinstatement Qualifications 13.3.5. Benefits for Reinstated Employees 13.4 Voluntary Transfer of Vacation Time 13.5 Volunteers 38 38 38 39 40 42 43 43 44 44 45 45 45 45 46 46 46 47 48 49 14. DISCIPLINE 14.1 General 14.2 Grounds for Disciplinary Action 14.2.1. Appearance 14.2.2. Behavior 14.2.3. Conduct 14.2.4. Care and Use of Equipment and Facilities 14.2.5. Personal Use of City Property 14.2.6. Equipment or Property 14.2.7. Statements or Actions 51 51 52 52 52 52 52 53 53 53 14.2.8. Insubordination 14.2.9. Job Performance 14.2.10.Physical Fitness 14.2.11.Safety 14.2.12.City Ordinance, State, or Federal Law 14.3. Sexual and Other Harassment 14.4. Drug and Alcohol Free Workplace 14.4.1 Controlled Substance and Alcohol Use/AbuseTesting for CDL 14.5. Forms of Discipline 14.5.1. Reprimand (Verbal or Written) 14.5.2. Suspension 14.5.3. Reduction in Pay 14.5.4. Demotion 14.5.5. Denial or Delay of Step Increase 14.5.6. Administrative Probation 14.5.7. Dismissal 14.6 Workplace Violence Policy and General Procedures 14.6.1. Policy Statement 14.6.2. Definitions 14.6.3. Prevention of Workplace Violence 14.6.4. Reporting Threats — Internal & External 14.6.5. Prohibited Actions and Sanctions 14.6.6. Department Security Audit 14.6.7. Employee Training 14.6.8. Threat Management Team 53 53 54 54 54 54 57 62 69 69 70 70 70 70 71 71 71 71 71 71 72 72 72 72 73 15. SEPARATIONS 15.1. Types of Separation 15.1.1. Removal 15.1.2. Resignation 15.1.3 Exit Interview 15:1.4. Dismissal 15.1.5. Layoff 15.1.6. Disability 15.1.7. Death 15.1.8. Retirement 15.1.9 Retirement Age 15.2. Conditions of Separation 15.3. Separation Pay 75 75 75 75 75 75 75 76 76 76 76 76 77 16. GRIEVANCE PROCEDURE 79 17. MISCELLANEOUS 17.1 Political Activity 17.1.1. City Government 17.1.2. Use of City Property 17.1.3. Elected Officials 17.1.4. Individual Political Activities 17.1.5. Petitions 17.2 Rest Periods (Coffee Breaks) 17.3 Smoking Policy 17.4 Gifts and Gratuities 17.5 Workweek 17.6 Time Cards 17.7 Personnel Records Maintenance 17.8 Personnel File 81 81 81 81 81 81 81 81 81 82 82 82 83 83 17.8.1 Access to Personnel Files 17.8.2 Confidential Information Contained in Personnel Files 17.8.3 Internal Investigation Records 17.9 Executive Session – Personnel Discussion 17.10 Employment References 17.11 Hazardous Weather Plan 17.11.1 Plan 17.11.2 Responsibility Checklist 17.11.3 Hazardous Weather Notification Procedure 17.12 Internet Usage Policy 17.13 E-mail Policy 17.14 Vehicle Operations Policy 17.15 EAP Referral 17.16 Clothing Policy 17.17 Retire/Rehire 17.18 Changes of Name, Address, Telephone and Withholding Status 17.19 Americans with Disabilities Act 17.20 Telephone Policy 17.21 Commercial Drivers License APPENDIX A APPENDIX B APPENDIX C 83 84 84 84 85 85 85 86 87 87 87 88 89 90 91 91 91 92 93 1 INTRODUCTION 1.1 PURPOSE OF ORGANIZATION The municipal organization exists in order to provide those services and facilities deemed to be essential or beneficial for the health, safety, welfare and convenience of the general public. Primarily, municipal services and facilities are limited to those services, which are not feasible for individuals to perform or provide for themselves. 1.2 PURPOSE OF MANUAL The intent of these provisions, requirements and regulations is to promote, within the service of the municipal organization, the high degree of understanding, cooperation, efficiency and unity which comes from consistent application of good personnel policies and procedures. It is a general source of information for employees and employers, not an employment contract. The fundamental objectives of these provisions, requirements and regulations are: To promote and increase efficiency and economy in the City service. 1. To develop and maintain a program of recruitment, advancement and tenure, 2. all based on merit and fitness, which will make the municipal service attractive as a career and encourage each employee to render their best service to the people of Yankton. 3. To provide fair and equal opportunity to all qualified citizens to enter City employment in all occupations on the basis of demonstrated merit and fitness as determined through fair and practical methods of selection without regard to race, color, sex, religion, age, national origin, ancestry, or disability. To establish and promote high morale among municipal employees by 4. providing good working relationships, uniform personnel policies, equal opportunity for advancement and consideration for employee needs and desires. 1.3 AMENDMENTS TO THE PERSONNEL MANUAL Proposed amendments to the Personnel Manual shall be forwarded from the City Manager to the Employee Advisory Committee for their review and comment and said amendments shall require the approval of the City Commission. Proposed amendments may also be forwarded to the City Manager by the Employee Advisory Committee for review and recommendation. 1.4 ADMINISTRATIVE RESPONSIBILITY The personnel program consists of the sum total of all policies and procedures related to personnel administration in the service of the City and shall be administered by the City Manager as provided in South Dakota Codified Laws 9-10-13 which reads as follows: "9-10-13. Responsibility of City Manager – Power to appoint and remove officers and employees. –The Manager shall be responsible to the governing body for the proper administration of all affairs of the city placed in his charge. To that end, except as otherwise provided by law, he shall have power to appoint and remove all officers and employees in the administrative service of the city and may authorize the head of any department or office responsible to him to appoint and remove subordinates in such department or office. Appointments made by or under the authority of the Manager shall be made without definite terms on the basis of executive and administrative ability and of the training and experience of such appointees in the work which they are to perform." The policies and procedures set forth in the personnel program shall apply to all employees in the service of the City. 1 1.5 DEPARTMENTAL REGULATIONS The head of any department shall formulate in writing reasonable administrative regulations for the conduct of the department, which shall be made available to all department employees. Nothing in this section shall be construed as granting any department authority to adopt regulations in violation of, or in conflict with, the personnel rules and regulations contained in this manual. 1.6 CHAIN OF COMMAND The chain of command is the organizational structure established for the operation and supervision of all departments. (See Appendix B) All communications, orders, requests, and recommendations must be channeled through this chain in both directions in order to avoid confusion, misunderstanding and oversight. Supervisors and administrators, at every level, cannot carry out their responsibilities and perform effectively without an appreciation for and observation of these processes. No employee shall circumvent the chain of command concerning any subject related to the municipal operation, personnel policies or administrative procedures. 1.7 RELEASE OF INFORMATION Public statements or the release of information, on any matter, related to municipal policy, administration, the operation of any department, or personnel management shall be limited to the City Commission, City Manager and Department Heads. 1.8 AGREEMENT The Uniform Personnel Rules and Regulations Manual for the Cit y of Yankton is not a contract of employment. In the event of employment, an emplo yee is subject to a probationar y employment period where em p lo yment is terminable at will so that both the City of Yankton and the employee remain free to choose to end the working relationship. 2 3 2 PERSONNEL RESPONSIBILITIES 2.1 THE CITY COMMISSION The City Commission determines the budgetary appropriations necessary for remuneration of all City employees. The City Commission is responsible for appointing the City Manager, City Attorney and Finance Officer and for approving personnel provisions, requirements and regulations. 2.2 BOARD OF PUBLIC LIBRARY TRUSTEES The Trustees shall forward to the City Commission budgetary recommendations necessary for satisfactory operation of the Library and to provide monies for the remuneration of all Library employees. 2.3 THE CITY MANAGER The City Manager is responsible for the administration of all City employees except Library personnel. The City Manager is responsible for these personnel policies as they pertain to City employees. The City Manager shall maintain a record of all official acts taken under these rules and the employment record of every employee. All personnel records of the employee shall include applications, evaluations, promotions, acts of rewards, recognition, disciplinary actions and any other pertinent information pertaining to job performance and copies thereof shall be available to the employee upon the request. Personnel records, disclosure of which would constitute an invasion of personal privacy, shall not be deemed public records and shall be kept confidential. The City Manager, or a person designated by the manager, shall be responsible for the care and maintenance of all personnel files, status changes or separations as indicated by Personnel Action Reports. Copies of all personnel forms, including applications and evaluation sheets are included in Appendix A of this manual. 2.4 LIBRARY DIRECTOR The Library Director is responsible for the administration of Yankton Community Library personnel. The Library Director is responsible for these personnel provisions, requirements and regulation policies as they pertain to Yankton Community Library employees. 2.5 CITY DEPARTMENT HEADS The City Department Heads are responsible to the City Manager for providing effective supervision of their employees and maintaining proper working relations. The Department Heads shall be responsible for administering City personnel policies as delegated by the City Manager. 4 2.6 EMPLOYEES 2.6.1. PUBLIC RELATIONS Every municipal employee shall continually strive to promote good public relations for their department and the entire municipal organization. Virtually everything we do has either a direct or an indirect and, either a positive or negative affect on public relations. Visitors at any municipal building or area of work shall be made to feel welcome and shall be treated in a friendly and courteous manner. All inquiries, complaints or requests for assistance shall be given immediate attention and shall be promptly acted upon. 2.6.2 MOTIVATION/KNOWLEDGE Every employee in the City service is working for the same public. It shall be the aim of the personnel of the City of Yankton to constantly develop a better municipal operation. Each employee should acquire a thorough knowledge of their own job and should possess a profound respect for their work. The employees should be endowed with the spirit that their effort is of consequence and that their work is of worth while value. Each employee should have an appreciation for the relationship of their job to those of other municipal employees and to the entire municipal organization. Supervisors and Department Heads have an obligation to department personnel to encourage each individual to become more knowledgeable, develop their talents and capitalize on their capabilities, not only to advance in their present position but also in order to take advantage of whatever opportunities might arise in the future. Likewise, they have the responsibility of continually evaluating the attitude, capabilities and performance of department employees for at least three reasons: first, for efficiency; second, for welfare of every employee; third, for determining justification of merit salary increases and promotions. Additionally, if the employee fails to cooperate and carry out their responsibilities, the supervisors and Department Heads are equally at fault if the problem is not quickly and appropriately dealt with, including disciplinary action if necessary. 5 6 3 CONDITIONS OF EMPLOYMENT 3.1 DEFINITION AND PURPOSE Municipal service does not exist for the purpose of providing employment. Elected and appointed officials have the responsibility to see that municipal services, programs and projects are performed efficiently, economically and with only the essential number of employees. Industrious, conscientious and capable employees are essential for a successful municipal operation. Employees must be selected, promoted and retained on the basis of merit and fitness. Merit for this purpose is defined as being deserving on the basis of qualification and ability. Fitness implies suitability for a particular job. The quality of municipal service is dependent to a great extent on the competition among applicants for job openings and between employees for advancement. 3.2 EQUAL OPPORTUNITY No person in the service of the City of Yankton or seeking appointment thereto shall be appointed, promoted, demoted, removed or advanced in any way, or otherwise affected, on any basis or for any reason other than qualification, merit and fitness. Discrimination against any person employed by the City or seeking employment with the City on the basis of race, sex, religion, age, color, national origin, ancestry, disability or marital status is expressly prohibited, except where specific age or physical requirements constitute demonstrated and bone fide occupational qualifications necessary for effective work performance. The City of Yankton complies with all applicable South Dakota and federal statutes regarding veteran's preference in employment. 3.3 RECRUITMENT Public announcement of all regular and temporary, full-time and part-time positions open for employment in City service will be made by the City Manager's office. An excep tion ma y be made with prior approval by the City Manager. Where sufficient qualified applicants are anticipated internally for an open position, the position announcement shall be posted internally for a period of one week. If qualified applications are not received within one week or if sufficient qualified applications are not anticipated internally, position openings shall be advertised in the local newspaper, listed with the One Stop Career Center, on the City's website, and be posted in a visible location in each department for all employees to read. All announcements and advertisements shall state that the City of Yankton is an "Equal Opportunity Employer." 3.4 APPLICATION FOR EMPLOYMENT Individuals interested in applying for a specific position with the City of Yankton must submit a City application form detailing their employment history, education, and other relevant experience or pertinent information. The individual needs to indicate the position titles for which the considered. Multiple position titles can be written on one form. 3.5 ELIGIBILITY To be eligible for emplo yment with the City of Yankton you must: 7 y wish to be 1. be legally eligible to be employed in the United States as proven on the required 1-9 form; and 2. if born after December 31, 1959, be registered for the selective service. 3.6 QUALIFICATIONS The City of Yankton maintains job descriptions on each position. This description establishes the minimum required levels of education and experience necessary to qualify for appointment. Each description may also detail desired skills or qualifications which are preferred by the City and will be given foremost consideration. 3.7 VETERANS PREFERENCE Preference in employment will be given to veterans who have served on active duty and been honorably discharged from the armed forces of the United States during the following periods: 1. 2. 3. 4. 5. World War I, July 28, 1914 to November 11, 1918; World War September 1, 1939 to December 31, 1946; Korean War, June 25, 1950 to May 7, 1975 Gulf War, August 2, 1990 to January 2, 1992 For more than 180 consecutive days, other than for training, any part of which occurred during the period beginning September 11, 2001, (Operation Enduring Freedom) and ending on the date prescribed by Presidential proclamation or by law as the last day of Operation Iraqi Freedom Preference shall be given where all other qualifications are equal, 3.8 DISQUALIFICATION An applicant is disqualified from employment by the City of Yankton if he/she 1) does not meet the minimum qualifications for appointment; 2) knowingly has made a false statement on the application form or resume; 3) has committed fraud during the selection process; or 4) has failed to register for the selective service. 3.9 SELECTION The nature of examinations used to determine the relative fitness and selection of applicants for employment to or, promotion within the City service will differ with the position to be filled. Each applicant for a particular position will be given an identical examination by the Department Head. Consideration will be given to any or all of the following factors: education, experience, knowledge, skills, physical fitness, personality, character or other qualifications deemed necessary for the satisfactory performance of the duties of the position. 3.10 APPOINTMENT OF CITY EMPLOYEES Appointment of City employees is with the approval of the City Manager. 3.11 EMPLOYMENT OFFERS After the City Manager has approved an individual to fill a job vacancy, the individual will be notified of their selection by the City Manager in writing. An offer of employment shall be extended and a starting date established at this time. 8 There shall be no such offer or hint of employment with the City conferred to an applicant until the final decision has been approved. When selection has been made, the individual selected must be made fully aware that his/her employment relationship may be terminated with or without cause, with or without prior notice, by either the City or the employee during the training period except for reasons illegal under state or federal law. The individual must also be notified that after the training period is completed that employment is still at-will and the above will continue to apply but that due process requirements will be followed. 3.12 ACCEPTANCE OF EMPLOYMENT After an individual has accepted employment with the municipality, the Human Resources Coordinator shall ensure that the necessary and proper paperwork is filed within the employee's personnel file. 3.13 PHYSICAL FITNESS In order to determine physical fitness for duty, each person employed for a regular full-time or part-time position by the City of Yankton shall be required to take and pass a post-offer preemployment physical and drug screen. The physical will be performed according to guidelines established by the City in order to determine fitness for duty. An employee may be examined by their own physician. Additionally, certain employees (for example, police officers) may be required to pass an agility test and/or a psychological examination. All reports will be kept confidential and separate from the employee's personnel file. Any costs incurred to conduct any of the aforementioned tests or examinations shall be covered by the City. 3.14 RESIDENCY Employees of the following departments are required to live within ten (10) miles of the legal corporate limits of the City (this includes Nebraska): Chan Gurney Airport Water/Wastewater Plants Street Department (on-call for snow removal) Parks and Recreation Maintenance (on-call) Individuals who live more than ten (10) miles outside the city limits of Yankton, South Dakota, may make application for employment with the City of Yankton for these positions. However, if they are selected, they shall be required to comply with this policy within 120 days of employment. Residency within the corporate limits of the City is required for the City Manager as per State statute. 3.15 HIRING OF RELATIVES (NEPOTISM) 3.15.1 Purpose To provide procedures for the employment and supervision of relatives as employees. 9 3.15.2 Policy Persons related to each other may be employed at the City, which could include them working in the same department. Each individual must be hired on his/her own merits and is qualified and suitable for employment with the City. Efforts shall be made to see that no employee is placed under the supervision of a relative. Such effort shall not be at the expense of any employee or any candidate for employment. The City shall have the option of transferring an employee to a comparable job of equal classification in order to avoid supervision by a relative. However, no employee of the City may hire, appoint, review, supervise, direct, promote, or participate in decisions involving hire, renewal, retention, supervision, promotion, evaluation, or compensation of a relative. 3.15.3 Hiring A. Relatives who are recommended for hire independently: If both individuals are recommended as finalists in independent searches, by search committees for example, for regularly advertised positions, and the hiring officials agree with the recommendations, the individuals may be hired. If one of the individuals will be in a position to appoint, renew, direct, supervise, evaluate, recommend for promotion, or influence compensation of a relative, the procedures in the supervision section listed below must be followed. B. Relatives of employees who desire city employment: Individuals who are related to current city employees may apply for and be considered without prejudice for any advertised positions at the City. However, any city employee who is related to the applicant cannot participate in any aspect of the hiring process. 3.15.4 Supervision The employment and supervision of employees involves: 1. 2. Key personnel decisions on initial appointment, hire, renewal, or continuation of appointment, retention, probationary review, annual and other performance evaluations, evaluation for promotion, salary determination, and merit or other salary adjustment; and The day-to-day decisions such as work assignments, office space, travel, and other benefits. 3.15.5 Key Decisions An employee cannot participate in key decisions involving a relative who is a city employee. The responsibility for key decisions must be assigned to another individual who is higher in administrative rank than either relative (an alternate administrator). In some cases, it may be necessary to assign the responsibility to someone of an equal rank, but the responsibility for key decisions cannot be given to someone whose own evaluation will be supervised by one of the relatives. The arrangement must be put in writing and placed in the personnel file of each relative. The appropriate department head/director is responsible for establishing administrative review and for responding to complaints or concerns about the review process. If the department head/director is one of the related family members, then the city manager or another nonrelated department head/director, or designated authority will be responsible for arranging alternate administrative review. 10 3.15.6 Day-to-Day Assignments Day-to-day assignments normally will be handled by the person assigned such responsibilities (the supervising administrator) whether or not he/she is a relative of an individual who is subject to such assignments. The alternate administrator should do periodic monitoring to avoid either actual or perceived biases. Individuals perceiving a conflict of interest or bias may discuss it with the alternate administrator. The identity of the alternate administrator may be obtained from the supervisor of the higher-ranking family member. If the alternate administrator agrees that there is a problem, he/she should consult with the department head/director, or city manager about how to remedy the situation. If a satisfactory solution is not provided, a complaining party may file a grievance, following the guidelines outlined in Section 16 of this policy. 3.15.7 Definitions Alternate Administrator: An administrator from another department or unit at a higher rank than the supervising administrator, who will assume the responsibilities of the supervising administrator for key decisions involving a relative of the supervising administrator. Day-to-da y Assignments: Actions involving assignments on work, office space, travel, and other benefits. ADKcteionsvlyg:apointme,hr walofpintme,r probationary review, annual and other performance evaluations, evaluation for promotion, salary determinations and merit or other salary adjustment. Relative: Spouse, child (A child is defined as a natural child, adoptive child, foster child, or stepchild), parent, brother, sister, grandparent, and grandchild. Supervising Administrator: The administrator who is involved in the day-to-day assignments of employees in the department or unit in which the supervising administrator is employed, e.g., department supervisor, department head, or director. A supervising administrator may participate in the day-to-day assignments of a relative in his/her department or unit but may not participate in the key decisions involving his/her relative in the unit. 3.16 OUTSIDE EMPLOYMENT No employee of the City of Yankton shall be permitted to engage in any outside employment where such employment conflicts or interferes with the performance of their duties with the City. Police Department employees are to get permission from the Chief of Police to perform off-duty security related assignments. No employee shall conduct, or in any way engage in, another occupation or field of endeavor while on duty with the City. Also, the City's workers compensation insurance coverage will not be extended to outside employment. 11 12 4 PROBATION 4.1 DURATION AND PURPOSE Every person initially appointed to regular employment with the City of Yankton shall be on probation for the first six (6) full calendar months of employment, except the probationary period for new hires as Police Officers. The probationary period for new hires as police officers will be for a period of one year. During this period the employee may be terminated without right of appeal or due process. (See also Section 15) The probation period shall serve two purposes: 1. It shall be a trial period for both the employee and the employer. In fact, it constitutes the final phase of the selection process. It should give the employee the opportunity to make an on the job assessment of the work, the department, etc. This will permit the employee to decide, without obligation, if they want to continue in the position. 2. It shall permit the Department Head to closely observe and evaluate the ability and willingness of the employee to adequately carry out the duties of the position to which appointed. For most jobs within the municipal operation, this is a period of orientation and instruction. The employee is to be given entry-level instruction, training and close supervision in order to offer the maximum opportunity to become an asset to the organization. During this probation period, an employee shall accrue both sick and vacation leave at the regularly scheduled rate. Sick leave may be used as necessary at this time, however, the employee is not entitled to use their accrued vacation leave until completion of their probationary period. An employee on probation is entitled to paid holidays as observed by the City. 4.2 EXTENSION The probationary period for an employee may be extended by the Department Head for a maximum of three (3) months. No more than one extension of the probationary period shall be permitted without approval by the City Manager. 4.3 EVALUATION Upon completion of the probationary period the Department Head shall interview the employee and complete an employee evaluation form. 4.4 ADMINISTRATIVE PROBATION An employee who has completed the probationary period may be placed on Administrative Probation when general work performance shows a definite deterioration. An action plan must be completed at the beginning of the probation period with an evaluation completed at the end of the period. The maximum amount of time the employee will spend on Administrative Probation will be six (6) months. The number of times that an employee can be placed on Administrative Probation will not be limited during employment. During Administrative Probation, the employee may, with the approval of the City Manager, be terminated from employment with the City. 13 14 5 CLASSIFICATION, PAY PLAN AND OTHER BENEFITS 5.1 PURPOSE The purpose of the classification and pay plan is to provide like pay for like work; to help establish uniform standards for recruiting, hiring, work performance and promotional opportunities; to provide uniform and relevant titles for all positions; and to establish a logical and equitable relationship between different types of jobs for purposes of compensation. Salary ranges for all classifications are established by the City Commission. The pay plan shall be provided for all employees in the City service except the City Attorney and City Commissioners. The official pay plan shall be effective only after approval by the City Commission in the form of a resolution. Amendments to the pay plan must also be approved by the City Commission. City employees shall be paid in accordance with the assigned class and step provided by the official pay plan as adopted by the Board of City Commissioners. No employee hired for a specific City position will be paid less than the minimum or more than the maximum of the class to which the position is assigned. 5.2 CLASSIFICATION Each job within the municipal service shall be assigned an individual title, or jobs of similar characteristics, duties and responsibilities shall be assigned to a group classification. 5.3 DESCRIPTION Each job shall be explained by a description of the duties, responsibilities and requirements for qualification including essential job functions. 5.4 METHOD OF CLASSIFICATION Each job shall be classified in accordance with the character, difficulty and responsibility of designated duties and skills, educational and physical requirements, hazards, and supervision received and exercised. 5.5 RECLASSIFICATION OF POSITIONS As the role of city government changes and services are added, modified or discontinued, it may be necessary for certain jobs to be reclassified, classifications to be discontinued and others added. The City Manager may reclassify, reassign and/or transfer any employee or employees when in his opinion, such reclassification, reassignment and/or transfer is essential or desirable for the improvement of the municipal operation or the benefit of the employee or department. 5.6 TYPES OF EMPLOYMENT 5.6.1 REGULAR APPOINTMENT Regular employees participate in all fringe benefits such as vacation, sick leave, holiday pay, shift pay, retirement, health insurance, dental insurance, life insurance, worker's compensation, longevity pay, on-call pay, and other benefits as may be available. 15 5.6.1.1 Regular Full-Time Appointment An appointment to a regular, classified full-time position based on a forty (40) hour work week. 5.6.1.2 Regular Part-Time Appointment An appointment, which is made for a position, budgeted less than the normal work week of the department, but at least thirty-four (34) hours per week. Persons holding regular part-time appointments are eligible for all benefits on a prorated basis determined by comparing their budgeted work day (standard equivalent work day) with an eight (8) hour work day. However, health, dental, and life insurance benefits shall be the same as for full-time employees. 5.6.2 TEMPORARY APPOINTMENT Temporary employees shall not be entitled to fringe benefits. They will be covered by worker's compensation. (See Section 13.1.4) 5.6.2.1 Temporary Appointment An appointment which is temporary in nature to fill a regular position when circumstances warrant and for a specified period of time. 5.6.2.2 Part-Time Appointment An appointment for a work week of less than thirty-four (34) hours with pay computed on an hourly basis as recommended by the Department Head and approved by the City Manager. 5.6.2.3 Seasonal Appointment Seasonal employees are appointed to a position, which is seasonal in nature, e.g., summer laborer, etc. 5.6.3 CONTRACT LABOR Technical experts and consultants, appointed to render specialized temporary services to the City, are not considered employees and, therefore, are not eligible for any benefits. Any person currently employed with the City of Yankton and prior to the amendment of this section will maintain their current employment status unless otherwise transferred. 5.7 PERFORMANCE EVALUATIONS Performance evaluations are designed to provide the employee with a record of his/her performance, to encourage professional growth and to promote communication between the supervisor and employee. The performance ap p raisal will be conducted by the employee's immediate supervisor. Performance appraisals will be conducted a minimum of twice during the employee's training period (at the midpoint and at the conclusion of the training period) and once per year thereafter. The performance evaluations are to be structured to each employee's position. The purpose of the evaluation is to commend strengths, address weaknesses, suqgest ways to improve, and discuss employee goals and objectives. Evaluations will be conducted in a private meeting between the employee and his/her supervisor. Employees are required to sign their evaluations. Signing does not imply agreement, but that the contents have been made known or discussed with the employee. 16 5.8 PAY PLAN 5.8.1 RANGE The pay plan shall consist of a salary range for each classification. The pay range for each service provides the minimum and maximum rate of pay for regular full-time employment. 5.8.2 DETERMINATION Salary ranges are determined by the relative difficulty and responsibility of the positions of the class, qualifications, prevailing rates of pay, cost of living factors, financial policy of the City and other economic conditions. 5.8.3 SCHEDULE OF RANGES Copies of the salary ranges and position title schedule shall be available for review by all City employees through their respective Department Heads. 5.8.4 ADMINISTRATION AND INTERPRETATION The City Manager, as the Chief Administrative Officer of the City, shall be responsible for the administration and interpretation of the official pay plan and shall establish all salaries and wages for all employees subject to the limits and procedures established herein. 5.9 MAXIMUM COMPENSATION No salary payment shall be made to any employee which would have the effect of causing the employee's total pay for any period to exceed the maximum rate prescribed for the employee's range, except as required in adhering to regulations established for overtime allowances, shift pay, on-call pay, sick leave payout and longevity pay. 5.10 ENTRANCE PAY The minimum rate of pay for a range shall be paid upon original appointment to the range. Appointment at a rate above the minimum may be authorized by the City Manager when it is impossible to recruit qualified persons at the minimum rate for the range, or in recognition of exceptional qualifications of the candidate. 5.11 STEP PAY PLAN SALARY INCREASES The City Commission, when fiscally possible, wishes to reward continued favorable service by its employees and has implemented a ten year Step plan to be used as a guideline for annual adjustments to individual salaries based on the economic ability to afford these increases within the annual budget. The goal of the ten year Step Pay Plan is to bring employees up to their respective yearly step amount and eventually up to the midpoint of their respective salary range as established by a tri-annual salary study of similar positions. An annual resolution will be required to be passed by the City Commission to implement any yearly step increases and the maximum year % that will be allowed to any individual that is currently below the midpoint of their salary range and below their corresponding yearly step. 5.12 OVERTIME PAY 5.12.1 DEFINITION Any work performed in excess of the employee's scheduled workday or in excess of forty (40) hours in a work week shall be considered overtime and shall be compensated as overtime or 17 as compensatory time. The work period for public safety employees (police officers, jailers and fire personnel) may be based on a twenty-eight (28) day cycle as per the Fair Labor Standards Act (FLSA). 5.12.2 PRIOR APPROVAL Any overtime worked shall be with the prior knowledge and approval of the Department Head or designated supervisor. 5.12.3 OVERTIME RATE Overtime pay shall be granted for at least fifteen (15) minutes of overtime worked and at fifteen (15) minute intervals at one and one half (1 1/2) times the employee's regular hourly rate of pay. 5.12.4 COMPENSATORY TIME RATE Compensatory time shall be granted for at least fifteen (15) minutes of overtime worked and at fifteen (15) minute intervals at a rate of one and one half (1 1/2) hours of compensatory ti me for each hour of overtime worked. 5.12.5 ACCUMULATION Employees may accumulate compensatory time to a maximum of forty-five (45) hours. 5.12.6 APPROVAL FOR COMPENSATORY TIME Compensatory time may be used with the approval of the Department Head at the convenience of the City. 5.12.7 SPECIALIZED SHIFT Specialized shifts as recommended by the Department Head and approved by the City Manager shall only be compensated overtime pay or compensatory time off for any work performed in excess of forty (40) hours in a work week. 5.12.8 TRAVEL TIME Travel time will be compensable for employees depending upon the kind of travel involved. This includes travel from job site to job site and travel to work-related meetings. Time spent traveling between home and the departure site is considered the equivalent of travel between home and work and is not compensable. OUT OF TOWN TRAVEL: Time spent traveling to and from another city is counted as hours worked even on days that are not normal workdays. Therefore, employees who are traveling to their destination need to be paid for the time spent traveling. If an hourly employee takes a one day trip, all the time spent traveling (excluding meals) between cities is counted as hours worked. However, time spent traveling between home and the departure is equivalent of travel between home and work and is not compensable. Employees will be paid up to their regularly scheduled number of hours per day for travel, meetings, and seminars. Overtime/comp time must be pre-approved by Department Head. OVERNIGHT/OUT OF TOWN TRAVEL: When an hourly employee is involved in overnight, out of town travel, a specialized shift shall apply. All time for the work week shall be straight ti me until the employee has worked forty (40) hours. Time spent traveling to and from another city is counted as hours worked even on days that are not normal workdays. 18 Therefore, employees who are traveling to their destination need to be paid for the time spent traveling. However, time spent traveling between home and the departure site will not be paid. Meals and social events in conjunction with a conference are not considered time worked unless the employee has been directed by management to attend the activity for the purpose of fulfilling a work-related function. Overtime/comp time for the remainder of workweek must be pre-approved by Department Head. All paid travel time must be requested and approved by the Department Head prior to traveling. 5.12.9 ADMINISTRATIVE AND STAFF EXEMPTION All Department Heads and supervisory personnel serving in administrative or staff level positions shall not receive extra compensation or overtime pay. The need for them to work extra or irregular hours from time to time in order to carry out their assigned responsibilities and properly administer the authority vested in them is a consideration in the determination of their salary. Time off reflecting extraordinary time worked is at the discretion of the City Manager and is not on an "hour for hour" basis. Administrative or staff level positions shall include the Department Heads, Division Heads and professional positions in the pay plan. 5.13 DATES OF PAY 5.13.1 SCHEDULE The promotion of good wage administration requires that the City provide a biweekly payroll system for all City employees. All employees shall be paid on a biweekly basis, with Friday being the payday. The workweek shall be established by administrative action based on the needs of the department or operation. 5.13.2 EXCEPTION In the event a payday falls on a holiday, an effort will be made to distribute the checks on the last workday before the holiday. 5.14 VOLUNTEER FIREFIGHTERS An employee who is a member of a volunteer fire department, volunteer ambulance service, or search and rescue team is not required to use leave for emergency response to fire suppression, ambulance service, or search and rescue activities if the service is performed within the volunteer's established normal response area or mutual aid response area. Volunteer service outside this area must have prior approval of the employee's supervisor or department head. Training and other activities supporting these volunteer activities will be considered on a case-by-case basis by the employee's supervisor or department head. The absence is considered time off with pay. Volunteer firefighters shall be paid as established by the City Commission. 5.15 LONGEVITY PAY Regular employees shall be eligible for longevity pay based upon length of service with the City of Yankton. Longevity pay shall be granted to eligible employees after five (5) full years of service in accordance with the latest resolution adopted by the Board of City Commissioners. All regular employees shall be eligible for longevity pay provided that the following conditions are fulfilled: 19 5.15.1 ELIGIBILITY Length of service shall be the full number of years as of the hire date of the employee during the calendar year. Years of service shall be continuous years of service. However, employees who have had their careers interrupted by service in the Armed Forces of the United States and who resume their City careers within thirty (30) days of release, shall have all prior service and military service counted as years of service. Any question of eligibility shall be determined by the City Manager. 5.15.2 PAYMENT Longevity pay shall be paid annually in the first pay date of December. All deductions required by law shall be made. 5.16 PAYROLL RECORDS The Department of Finance shall keep adequate records of all persons employed, their pay scale, time worked, compensatory time, accrued and used vacation and sick leave, holiday pay, all absences from duty and all other records pertinent to payroll, including the extension and verification of payroll. 5.17 FINAL PAY An employee who is laid off, dismissed or who otherwise terminates their employment shall receive their final paycheck on the first regularly scheduled pay day following termination of employment and only after all city property has been returned. No employee shall be paid for any unused sick leave upon termination of employment except for any payment in excess of maximum accumulation as designated in Section 13.1.3.3. An employee who has been employed six (6) months or longer shall be paid all unused vacation and prorated longevity pay upon termination of employment. (See also Section 13.1.1.4) An employee shall be paid all unused compensatory time upon end of employment. (See also Section 5.12.4) 5.18 ON-CALL PAY An employee who is scheduled for call time during other than normal working hours shall receive on-call compensation at straight time in the amount of seven (7) hours for the week in which the employee is on-call. In addition to on-call pay, the employee shall be compensated at overtime rates for any hours worked while on-call. To be eligible for on-call pay, an employee must be regularly scheduled to be on-call, must be available when called, and must carry the communications equipment which is supplied to on-call employees. Department Heads who have employees on-call shall prepare an on-call list and make it available for all employees concerned. Employees who are on-call shall not trade on-call dates without the approval of the Department Head. 5.19 SPECIAL SHIFT DIFFERENTIAL PAY All classified employees who are scheduled to work a regular swing or midnight shift shall be compensated a special shift differential of $.40 per hour. This special shift differential shall be paid to all eligible employees on a quarterly basis. 20 5.20 INSURANCE BENEFITS The City of Yankton will make group life, health, and dental insurance programs available for participation by eligible employees. Payroll deduction is also available for cancer and intensive care insurance. 5.21 RETIREMENT BENEFITS The City participates in the South Dakota Retirement System. Class A employees contribute 6% of their gross income biweekly to the system and Class B employees (sworn officers and fire) contribute 8%. The City matches these contributions. 5.22 DEFERRED COMPENSATION The International City Manager's Association (ICMA) offers a deferred compensation plan to all municipal employees. Payroll deduction is available for participation in any of the funds available. 5.23 FLEX PLAN This plan allows for employees to pay for eligible insurance premiums with untaxed dollars. In additions, expenses for unpaid medical costs and dependent daycare may also be run through this plan. 5.24 DIRECT DEPOSIT Direct Deposit is available to employees and will automatically deposit employee's paychecks into a designated checking and/or savings account on each payday. The first payroll after sign-up will be used by the bank to verify accuracy of account numbers and funds. The following payroll will commence the automatic deposit of your funds as indicated on the authorization form. 21 22 6 TRAINING Each department shall determine and provide necessary training beyond that which is a prerequisite to employment for its employees. Any training which will require the employee to be out of the City or will incur any obligation on behalf of the City shall first be recommended by the Department Head and approved by the City Manager on the Travel Request/Travel Advance Requisition form. Any person undertaking such training shall submit the Employee Training Record form to Human Resources within ten (10) days of the training. This form will be placed in the employee's personnel file. 23 24 7 TRANSFERS AND PROMOTIONS 7.1 PROMOTION Vacancies will be filled by promotion wherever practical and whenever in the best interest of the City service. Where applicable, promotion shall be by competitive examination. 7.2 EXAMINATIONS Personnel, in departments where written promotional exams are given on a regularly scheduled basis, shall take and pass prescribed examinations before being eligible for promotion. 7.3 TRANSFER Employees wishing to transfer to another department or division when an opening exists must complete an application form. 7.4 ELIGIBILITY Upon meeting minimum qualifications for the stated position, the employee's name shall be placed on the proper eligibility list for consideration. 7.5 NOTICE AND EFFECTIVE DATE Upon offer of employment and acceptance, the employee shall give two (2) weeks notice to their current Department Head. The transfer shall be effective the first work week following the two (2) weeks notice. 7.6 TRANSFER OF PROBATIONARY PERIOD Employees promoted or transferred to a new position or division shall be subject to the probationary policy and procedures described in Section 4 including termination for unsatisfactory performance. However, regular employees who have completed an initial probationary period shall be entitled to a hearing if terminated during probation. 25 26 8 EMPLOYEE SUGGESTIONS AND RECOMMENDATIONS Ideas and suggestions for the improvement of any part of the municipal operation are encouraged and will be welcomed for consideration by the supervisors, Department Heads and the City Manager. Employees are encouraged to suggest improvements in methods, procedures, working conditions, service to the public, employee morale, health and safety. Suggestions may be either within or outside your job responsibilities, if sufficiently superior or meritorious to warrant special recognition. Suggestions of a major or minor nature whether approved as submitted or approved in part, are eligible for award consideration. Suggestions should be submitted in writing to your Department Head. Employees may also submit ideas to the supervisor if they relate to matters within their jurisdiction. If your ideas are adopted, you can receive a cash award, time off with pay, or a distinguished service plaque. The size of the award will depend on the significance of the suggestion. 27 28 9 EMPLOYEE COMMITTEE 9.1 PURPOSE The purpose of the Employee Committee shall be to make recommendations to the City Manager regarding policies and events, which affect the working environment of the employees of the City of Yankton. 9.2 APPOINTMENT The employees of the City of Yankton shall elect representatives to the Committee on or before January 1 annually. Each elected member serves a two year term and shall serve no more than three (3) consecutive terms. The number and distribution of representatives shall be determined by the Committee with the approval of the City Manager. 29 30 10 SAFETY Employees shall exercise good judgment and take appropriate precautions in the performance of their work. Department Heads and supervisors shall see that employees are properly trained in how to safely perform their various tasks and utilize equipment. Recklessness, laxity or carelessness will not be condoned. Prompt action shall be taken to correct or repair faulty equipment or hazardous conditions in work areas. Department Heads and supervisors shall also see that adequate protective equipment is available for use by employees under their supervision. Employees whose work requires prescription safety eyeglasses or who are in positions in which prescription eyeglasses may be damaged or broken due to occupational risks will be provided with one pair of prescription safety eyeglasses at City expense. Employees covered by this section are eligible for replacement of damaged or broken prescription eyeglasses once per calendar year. The City Manager shall establish the maximum amount to be paid by the City for the purchase or replacement of eyeglasses. Employees must purchase eyeglasses, which meet the criteria of prescription safety eyeglasses, and may submit a request for reimbursement up to the maximum amount established by the City Manager. All purchases or replacements of prescription eyeglasses shall be approved in advance by the employee's Department Head. 10.1 USE OF SAFETY BELTS All city personnel operating or occupying City vehicles or equipment, or one used on official business will wear safety belts (lap and shoulder). Passengers who are not City employees while in a City vehicle or equipment will also be required to wear their safety belts. The driver shall be responsible to ensure the compliance of all occupants to this directive. Safety belt assemblies, in City vehicles or equipment, shall not be modified or altered in any manner without the express written approval of the department head. City vehicles or equipment with inoperable safety belt assemblies will not be used until the safety belt assemblies are repaired. Exception: There may be times and circumstances where the use of safety belts may be deemed inappropriate or inadvisable due to the nature of the function. Supervisory personnel may grant in writing, an exception to this policy pursuant to the specific situation. As with any policy deviation, rationale must be warranted and explained upon request. Enforcement: It will be the responsibility of supervisory personnel to monitor and enforce this policy. City personnel disregarding this policy (without just cause) will be subject to charges and subsequent sanctions under the Personnel Rules. 31 32 11 SAFETY COMMITTEE The City Manager will be responsible for appointing a Safety Committee annually. 11.1 COMMITTEE MEMBERS The Committee shall consist of at least five (5) members but not exceed nine (9) members serving no more than two (2) consecutive three (3) year terms. The Committee shall consist of employees from different departments who represent a wide variety of positions from City work status. Annual appointments shall be staggered to assure there are several experienced members serving at a time. 11.2 PURPOSE The committee shall meet no less than every other month to review any new injury claims or safety complaints and to promote general safety throughout the City work environment. The Committee may make recommendations to appropriate employees to correct unsafe conditions and act as a Safety Advisory Board to the City Manager. Specific duties shall be outlined by the City Manager. 11.3 EXCEPTIONS It is not the responsibility of the Safety Committee to determine in reviewing an accident, to place any blame, responsibility, liability or justification in any manner. 33 34 12 TRAVEL 12.1 GENERAL The City of Yankton, in order to advance the training and professionalism of its staff, authorizes attendance at certain schools and conferences, and recognizing that employees sometimes travel outside the City to conduct business, herein provides a policy framework for use by City employees. In all cases City employees are expected to show good judgment and proper regard for economy in incurring travel and related expenses. In no instance will the City incur any cost for a member of an employee's family or other approved individual who may accompany the employee on an official trip in a private vehicle. However, with the City Manager's approval, an employee's spouse may ride along in a City vehicle with the cost difference for any expenses to be paid by the employee. The special request should be made at the same time as the travel advance request. 12.2 GUIDELINES 12.2.1 TRANSPORTATION In all cases City employees shall take the most economical mode of transportation feasible for any given travel assignment or arrangement. Where any employee elects to take a more expensive mode of travel, said employee shall only be reimbursed for the more economical form of travel by the City. For example, an employee attending a conference outside the State who elects to drive a private automobile will not be reimbursed on a mileage basis if discounted coach air fare to the same location would be a less expensive mode of travel. Additionally, if the employee elects to arrange their own separate transportation rather than ride with other employees in available City transportation, the employee shall not be reimbursed for any travel expense. 12.2.2 RECEIPTS FOR ALLOWED EXPENSES Adequate receipts shall be required for all expenses (except for miscellaneous expenses explained below) incurred on any authorized travel. In addition to transportation, the City shall provide for the payment of lodging, meals, registration fees and miscellaneous expenses where necessary. Reimbursement for meals shall be based on actual expenses incurred with the express prohibition of City funds being spent on any alcoholic beverages. Registration fees shall be paid by the City in advance where possible. Miscellaneous expenses with or without a receipt (such as cab fares, tips for cabs or occurrences where receipts are not normally received) will be paid where found to be reasonable for such items as local transportation, tips and other miscellaneous expenses which are incurred by said employee. 12.2.3 EXPENSE REPORTS All employees shall be expected to complete an expense report within five (5) working days of return to the City from authorized travel. (See form in Appendix A) 12.2.4 MILEAGE In all instances where the use of private cars are required and approved by the City Manager for City business, the employee shall be reimbursed at a rate per mile as established by the IRS from time to time for the use of private vehicles. If an employee elects to take their own vehicle when a City vehicle is offered, they shall be reimbursed for gas expense only. (See also Section 12.2.1) 35 12.3 TRAVEL TIME Travel time will be compensable for employees depending upon the kind of travel involved. This includes travel from job site to job site and travel to work-related meetings. Time spent traveling between home and the departure site is considered the equivalent of travel between home and work and is not compensable. OUT OF TOWN TRAVEL: Time spent traveling to and from another city is counted as hours worked even on days that are not normal workdays. Therefore, employees who are traveling to their destination need to be paid for the time spent traveling. If an hourly employee takes a one day trip, all the time spent traveling (excluding meals) between cities is counted as hours worked. However, time spent traveling between home and the departure is equivalent of travel between home and work and is not compensable. Employees will be paid up to their regularly scheduled number of hours per day for travel, meetings, and seminars. Overtime/comp time must be pre-approved by Department Head. OVERNIGHT/OUT OF TOWN TRAVEL: When an hourly employee is involved in overnight, out of town travel, a specialized shift shall apply. All time for the work week shall be straight time until the employee has worked forty (40) hours. Time spent traveling to and from another city is counted as hours worked even on days that are not normal workdays. Therefore, employees who are traveling to their destination need to be paid for the time spent traveling. However, time spent traveling between home and the departure site will not be paid. Meals and social events in conjunction with a conference are not considered time worked unless the employee has been directed by management to attend the activity for the purpose of fulfilling a work-related function. Overtime/comp time for the remainder of workweek must be pre-approved by Department Head. All paid travel time must be requested and approved by the Department Head prior to traveling. 12.4 TRAVEL ADVANCE The City Manager may authorize advance travel monies for an employee who must travel on official City business in an amount not to exceed the estimated budget for such trips. Any excess must be returned to the City with the expense report. Additionally, any City approved expenses reimbursed to the employee by an outside agency must be returned to the City upon receipt. 12.5 AUTHORIZATION The City Manager shall be responsible for the administration and enforcement of City travel regulations and for the approval of all City travel requests. 36 37 13. LEAVES OF ABSENCE To accumulate benefits an employee must be in full pay status while on leave, that is, not on leave without pay or injury leave unless otherwise noted. (Exceptions to this policy are noted specifically for seniority credit while on military leave without pay.) When an employee is promoted, demoted or transferred, all sick leave, vacation leave and compensatory time credit remain to the employee's credit and shall be so transferred. However, every effort should be made to exhaust compensatory time prior to the transfer. All requests for leaves of absence with or without pay shall be made in writing at least ten (10) days in advance of the beginning date, or as designated, to the immediate supervisor except for sick leave or injury leave requests. It is the obligation of each employee to report to work on time on a regular basis. The City will not tolerate excessive abuse of leaves with or without pay. The City has defined excessive absences as four (4) or more days within a 60 day period in which the absence has not been authorized and approved by the Department Head and City Manager or there appears to be a pattern of abuse occurring with a particular employee. 13.1 LEAVES OF ABSENCE WITH PAY Earned Vacation 13.1.1 Each full-time or regular employee in the classified City service shall receive vacation credit annually as follows: 13.1.1.1 Accumulation Vacation shall be earned according to the following schedule: 0 – 6 years continuous service 7-13 14 or more 80 working hours 120 working hours 160 working hours No accumulation will be credited during the first six months of continuous service, however, forty (40) hours of vacation leave will be credited at the end of the first six (6) months of continuous service. Persons holding regular appointments and working less than a forty (40) hour work week shall earn vacation credit based on their budgeted work week compared to a forty (40) hour work week. 13.1.1.2 When Taken No vacation leave may be taken by an employee until said employee has been in the service of the City continuously for a period of six (6) full months unless approved by the City Manager. Each Department Head shall schedule vacation in accordance with normal operating requirements and in so far as possible with the requests of the employees. Reporting of vacation leave may not cause more than the standard equivalent workday to be reported on the time card. (See also Section 5.9) 13.1.1.3 Accrual Employees will accrue vacation with each pay period. The maximum allowable accrued vacation shall be two (2) times the amount of vacation earned in a year based on the employee's hire date. 13.1.1.4 Leave on Termination Any regular employee leaving the municipal service shall be compensated for vacation accrued to the date of the employee's separation or resignation provided said employee 38 had been in the service of the City for at least six (6) full months. However, the maximum compensation paid shall be for two (2) times the amount of vacation earned in a year based on the employee's anniversary date. 13.1.1.5 Waiving Vacation Prohibited As vacation leave is granted to employees for the purpose of job relief, no employee shall be permitted to waive such leave. Each employee is encouraged to take a minimum of five (5) days of continuous vacation per calendar year after the first year of employment. Holidays and compensatory time may be included in the calculation of five (5) days. 13.1.1.6 Holidays Occurring During Vacation Any official holiday set forth in this article which shall occur during an employee's scheduled vacation shall be counted as a holiday, not as a day of vacation. (See also Section 13.1.1.5) 13.1.2 FAMILY AND MEDICAL LEAVE 13.1.2.1 Qualifications Effective August 5, 1993, any employee who had been employed by the City of Yankton for at least twelve (12) months, and who has worked at least 1,250 hours during the twelve (12) months before time of request, must be granted up to twelve (12) weeks leave of absence during any twelve (12) month period for the following reasons: 1. The birth of a baby. 2. Receiving a child through adoption or foster care. 3. Caring for a spouse, child or parent with a serious medical condition. 4. An employee's own serious health condition. See also Sections 13.1.1 Earned Vacation, 13.1.3 Accrued Sick Leave, 13.2 Leaves of Absence Without Pay. 13.1.2.2 Definitions 1. Child: A biological, adopted or foster child; or stepchild; a legal ward or child of a person standing in loco parentis (in the place of a parent), who is (a) under age 18; or (b) 18 years or older and incapable of self-care because of a mental or physical disability. 2. Spouse: A husband or wife. 3. Parent: The biological parent of an employee or an individual who stood in loco parentis to an employee. 4. Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves (a) inpatient care in a hospital, hospice, or residential care facility; or (b) continuing treatment by a health care provider. 5. Health Care Provider: Either (a) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices; or (b) any other person determined by the Secretary of Labor to be capable of providing health care services. 13.1.2.3 Certification Certification of a serious health condition as defined above must be provided by the employee's health care provider when the family or medical leave for same extends beyond seven (7) consecutive days or fifty-six (56) total hours. The employee shall obtain such certification 15 days after request for same by the City. The City may require a second opinion at the City's expense if determined appropriate by the Department Head and City Manager. 39 13.1.2.4 Types of Leave Each employee requesting Family and Medical Leave must submit a leave request form (See Appendix A). 13.1.2.4.1 Intermittent Leave Intermittent leave may be approved by your Department Head in the case of birth or adoption of a child. Intermittent leave must be approved upon request to the Department Head for a serious health condition where medically necessary. 13.1.2.4.2 Reduced Schedule Leave may be requested in the form of a reduced schedule. Such schedule shall be arranged with the employee, the employee's supervisor, and the Department Head. 13.1.2.4.3 With or Without Pay Family or medical leave may be taken with or without pay, however, all sick, vacation and/or compensatory time accrued must be exhausted within the restrictions of those separate policies before taking more than twenty (20) hours of family or medical leave without pay. 13.1.2.5 Accrual of Benefits The City will continue to pay its share of health and life insurance premiums during the family or medical leave whether with or without pay. The employee will need to make payment to the City at the beginning of each pay period for the employee's share of the premiums if the family or medical leave is without pay or if there is a reduced schedule without sufficient income to cover deductions. The cost of health and life insurance premiums paid on behalf of the employee will be reimbursed to the City if the employee does not return to work at the end of the family or medical leave. However, if the employee did not return due to the continuation, recurrence or onset of a serious health condition, or there were "other circumstances beyond the employee's control," benefits need not be reimbursed. 13.1.2.6 Reinstatement Employees will be reinstated to their previous (or equivalent) position with no loss of benefits following leave. However, the City may deny reinstatement to certain highly paid employees, those in the top 10% of the City's workforce, in certain situations. 13.1.3 ACCRUED SICK LEAVE 13.1.3.1 Accumulation Sick leave benefits are granted on the basis of: 1. Eight (8) working hours per month of service on a forty (40) hour work week. 2. Sick leave with pay may be accumulated to a maximum of 960 hours. 3. Persons holding regular appointment with a standard work week of less than forty (40) hours shall earn sick leave credits and have a maximum accrual of sick leave credits based on their budgeted work week compared to a forty (40) hour work week. 13.1.3.2 Use of Sick Leave Sick leave may be authorized on any scheduled work day other than holiday or other authorized absence for the following: 1. Personal illness or off the job injury. 2. Enforced quarantine of the employee in accordance with community health regulations. 40 3. 4. Ill ness in the immediate family when it can be clearly shown that an employee's presence is required. Immediate family shall mean the employee's spouse, children (A child is defined as a natural child, adoptive child, foster child, or stepchild), parents, stepparents, brothers, sisters, grandparents, grandchildren and the same relatives of the spouse. Such use must be approved by the Department Head. Death of a member of the employee's immediate family as defined in the above paragraph. This leave may not be granted to exceed five (5) working days per death, ten (10) days for death of spouse. Reporting of sick leave may not cause more than the standard equivalent workday to be reported on the time card. (See also Section 5.9) 13.1.3.3 Payment For Sick Leave Earned Over Maximum Accumulation When a person accumulates the maximum sick leave allowed, additional sick leave will continue to accrue until the end of the calendar year. However, this additional sick leave may not be used and will not carry over into the next calendar year. Each employee, who accrues this additional leave, shall be paid based on one (1) hour pay for every two (2) hours additional sick leave accrued. A review of all employees' sick leave records shall be made on the last working day in December with payment the first payday in January. 13.1.3.4 Maternity Leave Paid maternity leave will be granted to the extent of the accrued sick leave available to the employee. After the accrued sick leave has been exhausted, any further maternity leave granted shall be compensatory time off, vacation leave or leave without pay. (see also Sections 13.1.1 and 13.1.3) Sick leave will not be granted for child rearing. Maternity leave shall begin upon determination by a medical doctor that the employee should leave work for medical reasons. Maternity leave will be terminated upon a written determination by a medical doctor that the employee is able to return to work. Maternity leave shall be treated as any other eligible item for sick leave. All benefits and conditions which apply to sick leave would apply to maternity leave as well, unless specifically changed by this paragraph. 13.1.3.5 Reporting of Sick Leave A Sick Leave Report (See Appendix A) must be completed for all sick leave used and submitted with the time card reporting sick leave taken. After approval by the Department Head and City Manager, the report will be placed in the employee's personnel medical file. 13.1.3.5.1 Notification Sick leave with pay is authorized only if the employee notifies their Department Head or supervisor of the necessity for absence. An employee whose work requires a substitute for a particular shift assignment is required to give reasonable notification in advance of the employee's assigned time to start work. 13.1.3.5.2 Unauthorized If an employee is absent from work and has not notified the Department Head or supervisor of an illness, sick leave will not be granted for the absence and the absence will be recorded as an unauthorized leave. 13.1.3.5.3 Medical Certificate A medical certificate or other substantiating evidence of illness may be required for any sick leave absence. Abuses of sick leave benefits shall be sufficient cause for an employee to be dismissed from City service. 41 A physician's report section of the sick leave report form must be submitted when the leave extends beyond three (3) continuous work days and at the end of each succeeding pay period. For an extended period of sick leave, a doctor's report of expected duration shall be sufficient. 13.1.3.5.4 Release to Work Before an employee can be permitted to perform assigned duties after having sustained an injury or having been ill beyond seven (7) continuous work days, said employee must present the Department Head with a physician's report stating that the employee is fit for work. This report must be forwarded to the payroll clerk. 13.1.4 ON THE JOB INJURY In the event of an injury on the job, the employee with the most seniority at the site shall determine if emergency, non-emergency, or first aid care is required and take appropriate action. The employee's Department Head should be notified of the injury and action taken as soon as possible. Employees injured on the job are covered by the South Dakota Worker's Compensation Act. This law provides specific benefits. In order to qualify for these benefits specific procedures shall be followed. 13.1.4.1 Employee The employee shall immediately report any injury, regardless of extent, to said employee's immediate supervisor. The employee shall be responsible for providing the necessary information to the Human Resources office for the completion of all accident reports within 72 hours of the injury. If the employee is unable to comply due to the injury, the Department Head shall be responsible for this report. 13.1.4.2 Supervisor The supervisor shall immediately inform the Department Head of the action taken and shall notify the employee of the requirement to complete an accident report within 72 hours of the injury. 13.1.4.3 Department Head The Department Head will be responsible for orally forwarding any information concerning accidents to the City Manager as soon as possible. The Department Head shall be responsible for providing the necessary information to the Human Resources office for the completion of all accident reports within 72 hours of the injury if the employee is unable to do so. Upon the employee's return to work, the Department Head will inform the City Manager's office by memorandum. 13.1.4.4 Expenses Medical and hospital expenses incurred due to on the job injuries shall be paid for in accordance with City policy and the applicable provisions of the Worker's Compensation Act. 13.1.4.5 Limitations A regular employee on injury leave shall be compensated, up to a maximum of ninety (90) calendar days at a rate that when added to the employee's worker's compensation benefits shall equal the employee's previous net pay not including any voluntary deductions. The employee shall present evidence to the Finance Officer of the amount of any worker's compensation benefits received prior to any payment being made by the City. After the ninety (90) day period, the employee may elect to use accumulated compensatory time, sick leave and/or vacation credits to continue receiving full pay. Should the employee not elect such action or should the employee exhaust all such 42 accumulated credits, the employee may apply for disability under the provisions of the Worker's Compensation Act or the Retirement Fund. A temporary or seasonal employee injured on the job shall receive only those benefits provided by the Workers Compensation Act. 13.1.4.6 Leave Accrual All vacation, sick leave and holiday leave earned while on injury leave shall accrue at the employee's regular rate during the initial ninety (90) day period. Throughout the remainder of the leave, additional vacation, sick and holiday leave accrual shall be prorated relative to the sick, vacation and/or compensatory time being reported. 13.1.5 CIVIL DUTY 13.1.5.1 Jury Duty It is the civic obligation of each City employee to serve on a jury if he or she is called. An employee may not be discharged or suspended for serving on a jury. While on jury duty or while appearing as a legally required witness, an employee shall turn over to the City Finance Officer any payments received for such duty during scheduled work days, except payments received for mileage, meals or expenses for out-of-town jury duty and be paid in full for their normal work schedule. Or, the employee may keep the payments received and use vacation or compensatory time for their normal scheduled workdays. 13.1.5.2 Court Appearance An employee, who is required to make a court appearance in an official capacity in connection with the City of Yankton or as an expert witness, shall be deemed to be on duty and no charge will be made against leave. Any compensation received for the appearance shall be turned in to the Finance Officer. However, if an employee is involved in a personal case, either as a plaintiff or as a defendant, the employee may be granted leave, but the time the employee takes off will be charged either to accrued vacation leave, compensatory time off, or leave of absence without pay. 13.1.5.3 Voting An employee who is entitled to vote in a public election shall be given two (2) hours of time off with pay to vote, unless he/she has two consecutive non-working hours in which to vote while the polls are open. The City may designate the particular hours of absence. 13.1.6 HOLIDAYS 13.1.6.1 Rate of Pay All regular full-time employees of the City of Yankton shall receive holiday pay for all holidays observed by the City based upon normal pay for a forth (40) hour work week without consideration for bonuses or other supplemental compensation. All regular part-time employees of the City shall receive holiday pay based upon a prorated basis equal to their standard equivalent workday. 13.1.6.2 Observed Holidays The following holidays will be observed by the City: a. b. c. d. e. f. New Year's Day – First day of January Memorial Day – Last Monday in May Independence Day – The fourth day of July Labor Day – first Monday in September Veterans' Day – The eleventh day of November Thanksgiving – The fourth Thursday and Friday in November 43 g. h. Christmas Day – the Twenty-fifth day of December One personal day – Employee's choice of observing either Martin Luther King Day, Good Friday, Native American Day, or the employee's birthday. Employees will notify, at the beginning of each year, their Department Head with their personal day choice. The Department Head shall make every effort to accommodate the employees' desires, but must maintain adequate staffing levels to conduct City operations. 13.1.6.3 Holiday Worked Regular employees who are required to be on duty on a holiday shall receive, in addition to their holiday pay, compensatory time off or overtime pay at one and one half (1 1/2) times their usual rate, except shift workers, as explained in the sections below. 13.1.6.4 Shift Workers Due to the nature of their rotating schedule, all shift workers shall receive eight (8) hours of holiday pay for each holiday whether working or not working. Additionally, a shift worker who works on the holiday may choose either eight (8) hours straight time or eight (8) hours of compensatory time credit for the day worked. A shift worker who is scheduled off on the holiday may choose either eight (8) hours straight time or eight (8) hours of compensatory time credit for the last day worked before or the next day worked after the holiday within the same pay period. A shift worker who is not scheduled to work but is called out to work on a holiday shall be paid overtime or compensatory time for all hours worked on the holiday. 13.1.6.5 Exception Holiday pay is disallowed when an employee: 1. Does not comply with the request to work on a holiday. 2. Is not in pay status, i.e., not receiving pay, on the working day preceding and the working day following the holiday unless the employee is granted specific approval by the Department Head. 13.1.6.6 Holiday and Leave Holidays, which occur during an approved leave of absence with pay, are not charged as days of leave taken. 13.1.6.7 Weekend Holiday When any of the above holidays fall on a Sunday, the following Monday is observed as the holiday; if any holidays fall on a Saturday, the preceding Friday shall be observed as the holiday except as determined "in the best interest of the City." The City's policy shall be to observe Veteran's Day on November 1 1 th of each year. 13.2 LEAVES OF ABSENCE WITHOUT PAY A copy of a Leave of Absence Request form can be found in Appendix A. This form may be used to request any leave of absence without pay. No sick or vacation leave shall accrue during a leave of absence without pay. (See also Section 13) 13.2.1 UNEARNED SICK LEAVE 13.2.1.1 Eligibility An employee is eligible for sick leave without pay if all regular sick leave, accrued vacation leave, and compensatory time has been exhausted. 44 13.2.1.2 Duration Sick leave without pay may not exceed forty-five (45) days unless approved by the City Manager. During the forty-five (45) calendar days, the City will continue to pay its portion of the employee's health and life insurance policies at the same rate as prior to the employee's request for sick leave without pay. At the end of the forty-five (45) day period, the City will have the option to terminate the employee's employment with the City and cease making any contribution to the health and life insurance policies of the employee. Section 13.1.2 Family and Medical Leave shall take precedence over any provisions of this section. 13.2.2 EDUCATIONAL LEAVE 13.2.2.1 Eligibility Educational leave of absence without pay may be granted to an employee not to exceed twelve (12) months. Course work shall be related to the employee's career field. The leave must be recommended by the Department Head and approved by the City Manager. If, upon investigation of responsible authorities, it is found that educational leave will be beneficial to the City as well as to the employee, and it is practical to allow the employee's position to remain vacant or to be filled by a temporary employee, educational leave without pay may be granted. 13.2.2.2 Requesting Educational Leave Without Pay Requests shall be submitted in writing to the Department Head two (2) months in advance of the starting leave date stating the reasons for the requested leave, the date the leave will begin and the probable date of return. 13.2.3 OTHER LEAVE WITHOUT PAY 13.2.3.1 Duration and Benefits A Department Head may grant leaves of absence without pay up to forty-five (45) calendar days. During the forty-five (45) days the City will continue to pay its portion of the employee's life and health insurance. The City Manager may at his or her discretion extend the leave of absence without pay beyond forty-five (45) days. 13.2.3.2 Eligibility Any leave of absence without pay shall not be permitted until all vacation leave and compensatory time has been exhausted. 13.2.3.3 Request Any request for leave of absence for personal reasons shall be submitted in writing to the Department Head two (2) weeks prior to the starting leave date stating reasons for the request, the date the leave shall begin, and the probable date of return. 13.3 MILITARY LEAVE 13.3.1 ELIGIBILITY 13.3.1.1 Active Duty Any regular employee of the City of Yankton who involuntarily enters extended active duty in any branch of the military service, including all guard and reserve units of the Armed Forces of the United States, shall be placed on a military leave of absence. 13.3.1.2 Reserve Duty Any employee who is a member of any component of the military reserve may be granted a leave of absence to meet said employee's military obligation. This leave shall be granted for a period of time to allow completion of a short tour of active duty. As a 45 minimum, this period of time shall be no less than fifteen (15) days. An employee may be eligible to receive the difference between their military pay received and their authorized salary, provided that the military pay is less than the authorized City salary. This difference may not be paid to exceed ten (10) regular working days in any one (1) calendar year. The difference of pay between military pay and authorized City salary shall be reduced by one (1) day's pay for each vacation day earned in excess of ten (10) vacation days per year by the employee. In order to receive compensation, the employee must file a statement of earnings from the military with the Finance Department payroll clerk. 13.3.1.3 Drills Employees shall be permitted to attend required monthly military weekend drills. Said employees shall be responsible for notifying their supervisor in advance of the scheduled drill so as to allow proper time to adjust City work schedules to provide adequate manpower for required City functions. The advanced notification by the employee may be given in writing to the supervisor. 13.3.2 REQUESTING MILITARY LEAVE 13.3.2.1 Active Duty The Department Head shall approve a military leave of absence upon the request of an employee. The employee must present a copy of active duty orders to the Department Head as soon as possible after receipt of such orders. 13.3.2.2 Short Tour The employee shall present copies of orders, specifying inclusive dates of the short tour, as soon as possible after notification to said employee's Department Head who shall then approve the military leave. 13.3.3 MILITARY LEAVE REINSTATEMENT PROCEDURES 13.3.3.1 Limitation The employee must apply for reinstatement within ninety (90) days after release from extended military service or within 90 days after hospitalization. 13.3.3.2 Proof of Discharge The employee must present a copy of said employee's release for discharge from active military duty or a notarized copy thereof as proof to be eligible for reinstatement. 13.3.3.3 Physical Examination The employee must have a physical examination prior to reinstatement. 13.3.3.4 Honorable Discharge The employee must be released or discharged under honorable conditions to be eligible for reinstatement. 13.3.4 MILITARY LEAVE REINSTATEMENT QUALIFICATIONS 13.3.4.1 Position An employee who entered the Armed Forces of the United States shall be reinstated to said employee's former position or to a comparable position, and if such position is not available, then to a position of like seniority, status and pay. Such right shall be subject to three limitations: 46 13.3.4.1.1 Mental or Physical Disqualification Reinstatement of employee cannot be required in a position, which said employee is mentally or physically unqualified to fill. 13.3.4.1.2 Abolished Positions If a position formerly held by an employee applying for reinstatement has been abolished, said employee shall be offered the opportunity of reinstatement in a position of like status and pay. 13.3.4.1.3 Lack of Seniority Reinstatement of such employee must not make it necessary to lay off an employee of greater seniority. 13.3.4.2 Seniority When there are more applications for reinstatement than there are positions available, the position shall be filled according to seniority. Seniority shall accrue to the first person called to report to duty or perform duty of the armed forces, and thereafter to any similar employee next nearest to first person's employment in point of time if such first person shall not within the period set out to apply for reinstatement. 13.3.4.3 Duties Reinstated employees must actually perform the duties characteristic of their class, as do other employees. 13.3.4.4 Other Classes If there is no appropriate vacancy in the class of positions left by the former employee when said employee entered the Armed Forces, said employee may be placed in the appropriate vacancy in any other classes specified by said employee and deemed proper by the City Manager. 13.3.4.5 Declining of Position Offered If a former employee declined a proper reinstatement for a comparable position, said employee forfeits all reinstatement rights, except that said employee may request to be placed on the re-employment eligibility list. 13.3.4.6 Employee on Probation An employee who entered the Armed Forces while serving during said employee's probationary period on a regular appointment shall have said employee's name placed on the re-employment list according to seniority. However, employees must apply for reinstatement in accordance with the prescribed procedure. 13.3.5 BENEFITS FOR REINSTATED EMPLOYEES 13.3.5.1 Classification The employee will be reinstated to a position in the current classification plan. 13.3.5.2 Entrance Examinations No new entrance test shall be required before reinstatement. 13.3.5.3 Seniority A reinstated employee shall be entitled to full reinstatement of seniority, including time served in the Armed Forces, following the date of reinstatement to the job. However, this policy shall not be construed as allowing sick leave, vacation leave, or retirement benefits to accrue for the time served in the Armed Forces. 47 13.3.5.4 Sick Leave Sick leave accrued prior to active duty shall be retained while the employee serves on active duty. 13.3.5.5 Salary Adjustment If a former employee who entered the Armed Services of the United States is reinstated or re-employed in the same position said employee held prior to entry in the Armed Forces, or in some other position of the same class, said employee's salary will be adjusted to the salary provided under the position classification and compensation plan prevailing at the time of reinstatement or employment. 13.4 VOLUNTARY TRANSFER OF VACATION TIME 13.4.1 Policy While the primary purpose of Vacation Leave is for personal relaxation and rejuvenation away from the work place, voluntary transfer of vacation leave to other employees may take place in order to help those employees who have exhausted their leave accruals and are unable to work because of either extended personal illness or family crisis which requires a Leave of Absence. 13.4.2 Guidelines 1. Each request will be reviewed on a case-by-case basis and approved by the City Manager. 2. A donor may authorize the transfer of up to 24 hours of vacation leave. A donor may transfer no more than 24 hours in a twelve-month period. 3. The vacation leave balance of the employee donating hours may not drop below 40 hours due to the transfer. (See Section 13.1.1.5 of the Personnel Rules.) 4. A special authorization form available in the Human Resources Office must be completed. The donor's names and donations will be kept confidential; however, individual donors may personally inform the recipient of their transfer if they so desire. 5. Transfers will only be permitted for a specified individual and during a specified time period to be announced by memorandum upon administrative approval. Donations will be taken in the order they are received and, in the event that all hours are not needed, the remainder will remain to the donor's credit. Leave shall be transferred in order to grant full pay to the extent the donations allow. Partial pay shall not be allowed in order to extend the leave time. 6. All vacation leave, sick leave (where allowed), and/or compensatory time must be exhausted before granting administrative leave of absence. (See also Section 13.1.2 and 13.1.3.2.) 7. If the recipient is on leave of absence status, he/she will not accrue sick or vacation and will not be eligible for holiday pay. He/she will be responsible for their share of their health and life insurance premiums. If they default due to insufficient pay for payroll deduction and no direct payment to the City, their health and life insurance shall not be continued except as provided in Section 13.2.1.2 or 13.2.3.1 where applicable. 8. The hours donated shall be transferred on an hour for hour basis. The recipient will be paid at his/her normal hourly rate and will not be obligated to repay the leave donated. 9. Recipients receiving workers compensation benefits shall not be eligible for administrative leave of absence. 48 10. Administrative leave of absence may be authorized in conjunction with Family and Medical Leave. (See Section 13.1.2 of the Personnel Rules) 13.5 VOLUNTEERS - City Disaster A city employee who is a member of an established volunteer organization (i.e.: Red Cross) and who is called out to duty in the event of a disaster may be granted a leave of absence with pay. The leave of absence may be granted for a period not to exceed the designated number of days established by the City Manager. The request shall be submitted in writing to the Department Head as soon as possible stating reasons for the request, the date/time the leave shall begin, and the probable return date. 49 50 14 DISCIPLINE 14.1 GENERAL It shall be the responsibility of all supervisors and Department Heads to reasonably and impartially supervise, commend, and, when necessary, discipline or recommend disciplinary action for the personnel assigned to them. All disciplinary actions, except reprimand, shall not be effective until approved by the City Manager. All supervisors and Department Heads shall exercise good judgment and discretion in taking or recommending disciplinary action. They shall endeavor to insure that the extent of the penalty is not unreasonable or excessive in relationship to the seriousness of the violation or circumstances for which the employee is being penalized. In taking or recommending disciplinary action of any type, supervisors, Department Heads, and the City Manager shall do so on the basis of what is best for the department, the City of Yankton and its employees. Progressive discipline is a process for dealing with job-related behavior that does not meet expected and communicated performance standards. The primary purpose for progressive discipline is to assist the employee to understand that a performance problem or opportunity for improvement exists. The process of progressive discipline is not intended as a punishment for an employee, but to assist the employee to overcome performance problems and satisfy job expectations. Progressive discipline enables the City to fairly, and with substantial documentation, terminate the employment of employees who are ineffective and unwilling to improve. Steps in progressive discipline include: 1. Identify the problem. 2. Counsel the employee about performance and ascertain their understanding of requirements. Find out if there are any issues contributing to poor performance that are not immediately obvious to the supervisor. Solve these issues, if possible. The discussion should also include the employee's role in solving the problem; specific actions to be taken by the employee and the supervisor; a timetable for assessing progress; and specific disciplinary action that may result should progress not be evident. 3. Verbally reprimand the employee for poor performance. A record should be kept of all informal discussions with the employee. This should include, but not be limited to: date of conversation; nature of the problem; corrective action agreed to by the employee and supervisor; the date follow-up action and/or progress report is scheduled. 4. Provide a written warning in the employee's file, in an effort to improve employee performance. This documentation should note the meetings with the employee; addressing the performance inadequacies. 5. Imposition of a probationary period. 6. Suspension with or without pay for a set amount of time. 7. Involuntary termination. 51 Copies of all written materials relating to this more formal disciplinary step must be given to the employee and retained in the employee's personnel file. Depending on the frequency and severity of the violation, the City Manager shall have the right to skip certain steps in the progression of the disciplinary action. 14.2 GROUNDS FOR DISCIPLINARY ACTION The following are examples of both expected behavior and grounds, which warrant disciplinary action for any employee in the service of the City of Yankton. However, disciplinary action may be taken for reasons other than those herein enumerated. 14.2.1 APPEARANCE All municipal personnel are encouraged to maintain a clean and well-groomed appearance in keeping with their job and conducive to good public relations. They shall comply with the requirements of their respective department related to wearing apparel, personal appearance, hygiene, and safety. Refusal or failure to comply with departmental requirements related to wearing apparel, personal appearance, and hygiene may result in disciplinary action. 14.2.2 BEHAVIOR Employees shall maintain a constructive, businesslike attitude which strives to promote harmony among coworkers and respect for positions of authority at all times. Employees who are unable or unwilling to get along with superiors, coworkers or the public, or who persist in exhibiting a negative or uncooperative attitude toward the job may be subject to disciplinary action. 14.2.3 CONDUCT Employees shall conduct themselves in a manner appropriate to their position as public servants and not reflect discredit upon the City. Misconduct shall include but not be limited to the following: 14.2.3.1 Intoxication: Under the influence of intoxicating beverage or illegal drugs while on duty. 14.2.3.2 Consumption or Use: Consumption of intoxicating beverage or illegal use of drugs while on duty. 14.2.3.3 Offensive Conduct: Offensive conduct or language toward the public, City officers or employees. 14.2.3.4 Conflict: Participating in any activity which tends to create conflict or in anyway jeopardizes or adversely affects or influences the performance, operation, supervision or management of any department or the municipal organization. 14.2.4 CARE AND USE OF EQUIPMENT FACILITIES No equipment material or supplies, being the property of the City of Yankton, shall be removed from its location or used without proper authority. The supervisor, Department Head or City Manager shall be the only persons with jurisdiction and authority to grant such 52 permission. Vehicles and other equipment assigned to individual personnel shall be utilized for City work or business. 14.2.5 PERSONAL USE OF CITY PROPERTY The use of City property for any personal use, whatsoever, is prohibited. Violation of this provision shall be grounds for disciplinary action. 14.2.6 EQUIPMENT OR PROPERTY Any employee who causes damage to or is negligent in the care or operation or City owned equipment or property may be subject to disciplinary action. 14.2.7 STATEMENTS OR ACTIONS All applicants and employees are to be treated fairly, honestly and equally without regard to age, race, religion, color, national origin, ancestry, sex, marital status or disability. Following are examples of behavior, which may be subject to disciplinary action: 14.2.7.1 Discrimination: Has favored or discriminated against any applicant for employment or employee except for a genuine occupational qualification. 14.2.7.2 Deception or Obstruction: Has willfully or corruptly deceived or obstructed any person in respect to the right to apply for or take part in any test or procedure related to employment or advancement. 14.2.7.3 Unfair Hiring/Promotion: Has knowingly and willfully provided or accepted information, for unauthorized use, in examinations related to hiring or promotions; furnished false information for the purpose of either improving or jeopardizing the prospects or chances of a person being considered for appointment or advancement; committed any act which interferes with or compromises the standard or equality of established hiring and/or promotional practices. 14.2.7.4 False Information: Has knowingly falsified information on a job application or other required personnel form. 14.2.8 INSUBORDINATION All employees are expected to carry out any reasonable, just and legitimate instruction or order of their superiors including compliance with these personnel rules and policies. Failure to do so may result in disciplinary action up to and including dismissal. 14.2.9 JOB PERFORMANCE As job performance is the basis for reaching all goals, completing all projects and maintaining the standards expected by the public, all employees will strive for the highest level of performance in their position. The types of behavior listed below and other inappropriate behaviors not listed below may result in disciplinary action. 14.2.9.1 Tardy: Unexcused tardiness or absenteeism. 14.2.9.2 Procrastination: Has deliberately delayed, prolonged, slowed down or procrastinated in the performance of their own duties. 14.2.9.3 Influence Others: Has influenced or attempted to influence any employee to delay, slow down, procrastinate or in any way fail to properly carry out their duties. 14.2.9.4 Theft of property or removal of records from City files. 53 14.2.9.5 Other: Is unreliable, neglectful, unfit, incompetent, unwilling or incapable of fulfilling or carrying out their assigned duties and responsibilities. 14.2.10 PHYSICAL FITNESS It shall be the responsibility of each employee to maintain the standards of physical fitness required for performing his/her duties. Whenever a Department Head suspects the physical condition of an employee is endangering either the employee's own health or the safety of fellow employees, the Department Head may request that the employee submit to a medical examination by said employee's physician, without expense to the employee. The purpose of this examination is to determine the physical condition of the City employee relative to City employment. Any employee who has by neglect refused or failed to maintain the standard of physical fitness required for performing his/her job may be subject to disciplinary action. 14.2.11 SAFETY Employees shall exercise good judgment and take appropriate precautions in the performance of their work. Recklessness, laxity or carelessness will not be condoned. (See also Section 14.2) Any employee who has ignored, violated or failed to observe rules of safety or has refused or failed to employ safe working practices, thereby jeopardizing their own welfare or that of other persons or causing damage to or destruction of public or private property, may be subject to disciplinary action. 14.2.12 CITY ORDINANCE, STATE OR FEDERAL LAW Every employee is expected to abide by the regulations of their department and the organization as well as the statutes of the City, State and Federal governments. Violation of any of these regulations or statutes may result in disciplinary action. The severity of the disciplinary action shall reflect the severity of the violation. 14.2.12.1 Inducement or Violation: Has induced or attempted to induce any public official or employee to commit an illegal act or to act in violation of any department or municipal regulation, including these personnel rules and procedures. Or, has violated or attempted to violate any regulations of the department or organization. 14.2.12.2 Charged: Has been charged with a criminal offense. The employee may be suspended pending a full investigation and/or adjudication. 14.2.12.3 Conviction: Has been convicted of a felony or misdemeanor offense, which might adversely reflect on or create doubt about the moral character, credibility or reliability of the employee. 14.3 SEXUAL AND OTHER HARASSMENT The City of Yankton has long regarded harassment of others in the workplace as unacceptable behavior on the part of its employees, and such behavior is just cause for disciplinary action. Harassment on the basis of race, color, religion, sex or national origin is a violation of Section 703 of Title VII of the Civil Rights Act of 1964. As such, it is punishable under both federal and state laws, and is a clear violation of Equal Employment Opportunity. All employees are hereby advised that when one employee harasses another employee, the supervisor and all other persons in the line of authority are deemed responsible unless immediate action is taken to halt the abuse and to discipline the offender. 54 Sexual harassment has been defined by the Equal Employment Opportunity Commission as "Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the 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." Sexual harassment may include such actions as the following: 1. sex-oriented verbal kidding or abuse 2. subtle or overt pressure for sexual activity 3. physical contacts such as patting, pinching, or constant brushing against another's body 4. demands for sexual favors which affect an individual's employment status It is possible for sexual harassment to occur within two levels of employee relationship: (1) among peers or coworkers; (2) between supervisors and subordinates. It is the responsibility of the City Managers and Supervisors to maintain a departmental working environment free from sexual discrimination. This means that the city expects managers and supervisors to: 1. Distribute and post the City's sexual harassment policy. 2. To meet with their subordinates to discuss the City's sexual harassment policy: • To ensure that employees understand that management encourages employees to communicate any sexual harassment concern they have to their department managers and/or supervisors, unless the employee(s) is uncomfortable with that for any reason, then to communicate with the City Manager, • To inform employees that they have a responsibility to report to the appropriate responsible person if they feel they are experiencing sexual harassment or know of someone who is being harassed, • To assure employees that all concerns will be immediately investigated, • To assure employees that where inappropriate behavior is occurring, that the offending individual(s) will receive appropriate disciplinary action consistent with the City's policy, • to sensitize employees to possible inappropriate behavior, • Finally, to provide employees with the opportunity to ask questions about the policy. • To ensure that all employees have received a copy of the policy and understand its terms. (Signed acknowledgments from all employees will be obtained indicating that they have received a copy of the policy.) 3. Managers and supervisors have a legal obligation: • To take "prompt and appropriate action," generally the same day a concern is expressed about sexual harassment, a hostile environment or inappropriate behavior, • To ensure that the sexual harassing behavior, if true, cannot continue and that retaliation does not occur, • To take action if they suspect sexual harassment is occurring even if no one has complained, • To immediately inform their manager and/or City Manager of a complaint or concern, assist in the investigation of the charge and results of the investigation. Should the City Manager harass any employee, the employee should report this promptly to the Finance Officer or City Attorney. 55 For those individuals who feel aggrieved because of sexual harassment, they have several ways to make their concerns known: • Aggrieved employees who feel comfortable doing so should directly inform the person engaging in sexual harassing conduct or communications that such conduct or communication is offensive, against City policy, and must stop. • If an aggrieved employee does not wish to communicate directly with the person whose conduct or communication is offensive or if direct communication with the offending party has been unsuccessful, the aggrieved employee should immediately contact his/her supervisor and/or department head and/or City Manager. If the individual engaging in sexual harassment is the employee's supervisor and/or department head, the aggrieved employee should immediately contact the City Manager. Any attempts by the supervisor and/or department head to discipline or retaliate against an employee for making such a report should also be immediately communicated to the City Manager. Confidentiality is extremely important; managers and supervisors should not communicate the fact that a grievance has been filed, who is involved or the results of their investigation with anyone who doesn't have a need to know. No retaliation of any kind will occur because you have reported an incident of suspected sexual harassment. The City will discipline any individual who retaliates against any person who reports alleged sexual harassment or who retaliates against any person who testifies or assists or participates in an investigation proceeding or hearing related to a sexual harassment complaint. Retaliation includes but is not limited to, any form of intimidation, reprisal or harassment. The facts surrounding the incidents shall be reduced to writing and signed by the aggrieved employees. All complaints will be examined impartially and, after a complete investigation of the allegations, the City Manager and/or appropriate appointing authority will take action to deal with the matter. The charging party shall be notified of the final disposition of the complaint. Individuals observing others involved in sexual harassment/sexual discrimination action should advise the offending party of the seriousness of their actions and of the City's commitment to enforce this policy. If the offensive behavior continues, it should be reported to the immediate supervisor and/or the department manager and/or the City Manager. The City realizes that the aggrieved employee's job performance may be affected by emotional, social, physical, and/or behavioral health problems. The City may agree to offer help to employees with such problems at not cost to include: 1. 2. 3. 4. 5. assessment and evaluation; information and referral; short-term counseling (three to five sessions) consultation and education; and crisis intervention If professional judgment suggests it in a particular case, the City may approve the extension of the number of counseling sessions. All arrangements will be made and monitored by the City Manger or designated authority. Individuals who instigate sexually harassing behaviors are subject to the most serious disciplinary actions, including suspension, demotion, transfer and termination. All complaints 56 of sexual harassment will be investigated in a timely manner. Please refer to the grievance procedure outlined in Section 16. The City of Yankton has a commitment to all our employees to maintain a productive working environment free of discrimination. This policy is designed to promote our philosophy and practice. The City procedures do not deny or preclude the right of any individual to pursue other avenues or recourse which may include filing charges with the Department of Human Rights, initiating civil action or seeking redress under state criminal statutes and/or federal law. 14.4 DRUG AND ALCOHOL FREE WORKPLACE The City of Yankton has a strong commitment to its employees to provide a safe, healthful, and productive work environment and to promote high standards of employee health. Consistent with the spirit and intent of this objective, the municipality will act to eliminate any substance abuse which could impair an employee's ability to safely and effectively perform a particular job and which increases the potential for accidents, absenteeism, substandard performance, and tends to undermine public confidence in the City's work force. The City's goals are to establish and maintain a work environment that is free from the effects of alcohol and drug abuse and to maintain the reputation and integrity of the City of Yankton by preventing unacceptable behavior by its employees that discredits the City of Yankton and its employees. Definitions: A. Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl or isopropyl alcohol. B. Drugs means any substance (other than alcohol) that is a controlled substance as defined in this section. C. Controlled substance which has a stimulant, depressant, or hallucinogenic effect on the central nervous system. D. Breath Alcohol Technician (BAT) means an individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing device (EBT). E. Evidential Breath Testing device (EBT) means an EBT approved by the National Highway Traffic Safety Administration for the evidential testing of breath. F. Medical Review Officer ( MRO) means a licensed physician responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. G. Substance Abuse Professional (SAP) means a licensed physician or a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. H. Random selection means a mechanism for selection of employees for testing where each employee has an equal chance of being tested each time selections are made. 57 I. Reasonable Suspicion means that the appearance, behavior, speech, or body odors of an employee appear to be indicative of the use of a controlled substance or alcohol based on the observation of at least one (1) supervisor or person who has received training in the identification of characteristics indicative of drug and alcohol use. J. Confirmation or "Confirmatory test" In drug testing, a second analytical procedure to identify the presence of a specific drug or metabolite that is independent of the screening test and that uses a different technique and chemical principle from that of the screening test in order to ensure reliability and accuracy. A confirmatory test for alcohol is a second test, following a screening test with a result of 0.02 or greater, that provides quantitative data of alcohol concentration. Generally an alcohol confirmatory test will be conducted using an EBT device. K. Refusing to submit to an alcohol or controlled substance tests means that an employee: 1. Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing. 2. Fails to provide adequate urine for controlled substance testing without a valid medical explanation after he or she has received notice of the requirement for urine testing; or 3. Engages in conduct that clearly obstructs the testing process. Drug and Alcohol Abuse Policies: The following are the policies of the City of Yankton regarding drug and alcohol abuse: 1. The unlawful manufacture, distribution, dispensing, possession or use of controlled drugs or substances, or the use of alcohol while on duty, on or off business property owned or leased by the City, is proper cause for disciplinary action. 2. Any illegal controlled drug or substance possessed while on duty by employees will be turned over to the appropriate criminal justice agencies and may result in criminal prosecution. This does not apply to public safety officers who are in possession of an illegal controlled drug or substance while acting in the line of duty. 3. It is not permitted for an employee to be found to have used controlled drugs or substances or alcohol on the job, except as provided for in item four (4). 4. The legal use of controlled drugs or substances prescribed by a licensed physician is not prohibited, but employees in positions where side effects of the prescribed medication could affect performance and safety on the job are required to make such use known to their supervisor. 5. The illegal use, sale, and possession of controlled drugs or substances while off duty and off City premises which results in a criminal conviction is unacceptable. Off-duty, alcohol-related, criminal convictions are also unacceptable. They may affect the job performance and the confidence of the public in the City's ability to meet its responsibilities. Such off-the-job conduct may be proper cause for disciplinary action. Circumstances under which Drug and Alcohol Tests will be required or requested: Whenever an employee is required or requested to submit to alcohol and/or controlled substances testing, the employee may, upon request, be permitted to have a representative 58 present during collection or testing when reasonably possible without disrupting the timeliness or effectiveness of the testing procedures. Pre-employment: 1. All applicants for regular employment with the City of Yankton will be required to submit to pre-employment drug testing if a job offer is made. 2. Any job offer made to an applicant for hire, will be contingent upon a negative drug test report. Random Testing: All City of Yankton employees who are not in the Department of Transportation's required testing pool for commercial drivers license holders, will be placed into a random pool, and are required to submit to random alcohol and controlled substances testing upon request. These employees will be placed into the random pool and will be randomly selected for unannounced alcohol and controlled substances testing using a computer-based random selection process. Upon notification by the City, employees selected for testing must proceed immediately to the testing site. The City will conduct random controlled substance testing on fifty percent (50%) of this pool and random alcohol testing on twenty-five (25%) of this pool. Employees in this pool may be selected for more than one test per year. Reasonable Suspicion: The City may request that the employee undergo drug and alcohol testing if there is a "reasonable suspicion" that the employee is under the influence of drugs or alcohol during work hours. "Reasonable suspicion" means a belief based on specific facts and reasonable inferences drawn from those facts that an employee is under the influence of drugs or alcohol. Circumstances which constitute a basis for determining reasonable suspicion may include, but are not limited to: 1. A pattern of abnormal or erratic behavior which is so unusual that it warrants summoning a supervisor, department head or other individual for assistance. 2. Information provided by a reliable and credible source with personal knowledge. 3. Direct observation of drug or alcohol use. 4. Presence of the physical symptoms of drug or alcohol use; (i.e. glossy or bloodshot eyes, alcohol odor on breath, slurred speech, poor coordination and/or reflexes). 5. Possession of substances in violation of the City's drug and alcohol policy. The employee, where "reasonable suspicion" exists, may be asked to submit to breath and/or urine testing by a qualified medical collection site person at the City's expense. Prior to testing, the proper authority shall secure a signed release statement (attachment) from the employee to have the hospital/physician release medical information to the City. An employee who refuses to consent to a drug and alcohol test when reasonable suspicion exists may be subject to disciplinary action. A positive result from the drug and/or alcohol test confirming the reasonable suspicion may result in disciplinary action. 59 The proper authority is required to detail in writing the specific facts, symptoms, or observations which led to the reasonable suspicion. This documentation shall be given to the City Manager and placed in the employees personnel file only if confirmed by the drug and/or alcohol test. All information from an employee's drug and/or alcohol test is confidential, and only those with a need to know are to be informed of the results. Disclosure of test results to any other person, agency, or organization is prohibited unless written authorization is obtained from the employee. In the event that an employee suspects that his or her manager or supervisor is illegally using controlled substances or is under the influence of alcohol in violation of this plan, the employee may submit a written or oral complaint which contains detailed observations or evidence supporting the person's reasonable suspicion of substance abuse to his/her department head, Human Resources Office or City Manager. Such complaints, if made in good faith, may be made without fear or reprisal. If the written or oral complaint and subsequent investigation establishes reasonable suspicion, the supervisor will be requested to submit to controlled substance and/or alcohol tests. Any complaints or reports which are filed as a result of this plan and are determined to be malicious or not in good faith, will not be tolerated. In such cases, the complaining individual will be subject to disciplinary action. This applies to all supervisors and other employees who file a report or complaint which relates to drug or alcohol use. Drugs to be Tested For: The following drug groups were selected based on the ability of each drug to adversely affect physical/mental performance. All are controlled substances under state and federal law. Alcohol, ethyl Amphetamines/Methamphetamines; i.e. speed Cocaine, Cocaine Metabolites Opiates; i.e., to include but not limited to codeine, heroin, morphine, hydromorphone, hyrocodone 5. Phencyclidine (PCP) 6. THC (Marijuana) Metabolite 1. 2. 3. 4. Employee Responsibilities: 1. An employee must not report to work while his/her ability to perform his/her job duties is impaired due to on or off duty alcohol or drug use. Employees called in for emergency duty to work outside their regular work schedule must not report to work impaired by offduty alcohol or drug use. 2. An employee must not possess or use alcohol or illegal drugs or prescription drugs without a prescription during working hours while subject to duty, on breaks, or during meal periods. 3. An employee must notify his/her supervisor, before beginning work, when taking any medication or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of City equipment. Any violations of the above stated may result in immediate disciplinary action. 60 Consequences to Employees Engaging in Prohibited Conduct A. Positive Result – Pre-employment If the results of a confirmatory pre-employment alcohol or controlled substances test is positive, the applicant will be disqualified for employment. B. Positive Alcohol – less than 0.04 Concentration An employee who tests positive for alcohol with a concentration between 0.02 and 0.039, if he or she has never tested positive for controlled substances or alcohol in the past, will not be terminated and may or man not be suspended. If suspended, the first suspension will not exceed a 24 hour period before being permitted to return to work, unless additional circumstances are involved. Circumstances which may preclude lenience may include, but are not limited to: 1. A severe on-the-job incidence or vehicular accident involving fatality or serious injury; 2. A preventable accident caused by employee neglect, impaired judgment or misconduct; 3. Consumption of alcohol or illegal use of controlled substances on the job; 4. Possession of alcohol or illegal controlled substances on the job; 5. Or other misconduct; or illegal or inappropriate behavior. C. Positive Alcohol +0.04 or 2 nd +0.02 Concentration; Positive Controlled Substance An employee who tests positive for alcohol with a concentration level at or exceeding 0.04 who tests positive for alcohol for a second time with any concentration above 0.02, or who tests positive for the presence of an illegal controlled substance, will be subject to disciplinary action up to and including termination. D. Return to Work Following Positive Results If an employee has been found to have violated the requirements of this plan, the employee may in certain circumstances be permitted to return to his / her position. Determination of whether or not an employee will be returned to work, and what specific conditions may be set for an employee's return to work, will be made on a case by case basis by the City Manager. The specific conditions may include, but not limited to: 1. An employee may be required to submit to an alcohol and controlled substance abuse assessment with a designated substance abuse professional. 2. An employee may be required to successfully complete an in-patient or out-patient chemical dependency treatment program as recommended by a substance abuse professional. 3. An employee may be required to continue participation in aftercare treatment programs, counseling, support groups, or other rehabilitation/maintenance programs as may be recommended by the substance abuse professional. 4. An employee may be required to meet very specific on-the-job requirements involving performance, sick leave use, attendance, etc. 61 5. An employee may be required to submit to a return-to-work alcohol and controlled substance test, with negative results, before being allowed to return to work. 6. An employee may be required to submit to a number of unannounced follow-up alcohol and controlled substance tests for an extended period following return to work, with consistently negative outcomes. Management Responsibilities and Guidelines: A. Supervisors and department heads shall not physically search the persons of employees nor shall they search the personal possessions of employees without the freely given consent of, and in the presence of, the employee. B. Supervisors and department heads shall notify the appropriate law enforcement agency when they have reasonable suspicion to believe that an employee may have illegal drugs in his/her possession or in an area jointly or fully controlled by the City. C. Any supervisor or department head encountering an employee who refuses to consent to a drug and/or alcohol analysis when "reasonable suspicion" has been identified, shall remind the employee of the requirements of the policy and that he /she may be subject to disciplinary action. The reason(s) for the refusal shall be considered in determining the appropriate disciplinary action. Where there is reasonable suspicion that the employee is under the influence of alcohol or drugs, the supervisor or department head should direct the employee to remain at work for a reasonable time until the employee can be safely transported home. D. Nothing in this policy shall be interpreted as constituting any waiver of or limitation on the City's responsibility to maintain discipline, or the right to invoke disciplinary measures, nor the employee's right to due process and the processing of grievances concerning such disciplinary measures in accordance with the grievance procedure set forth in Section 16 of the Uniform Personnel Rules and Regulations Manual for the City of Yankton. E. When performance or conduct problems have been identified with an employee which could be related to personal problems or substance abuse, a supervisor's primary responsibility is to observe, document, and discuss the performance and/or conduct problems with the employee. The supervisor must not attempt to engage in counseling the employee on suspected personal problems or substance abuse related issues, as that role should be left to counseling professionals who are trained to provide such assistance. In such circumstances, however, the supervisor does have a responsibility to make the employee aware of and encourage him/her to take advantage of the services available through the City's Employee Assistance Program and document that such advisement has been given. F. Whenever disciplinary action is used in this policy, it shall include but not be limited to: oral reprimand, written reprimand, suspension, demotion or discharge. G. Each employee will be given a copy of the City's policy on Drug and Alcohol Substance Abuse. 14.4.1 CONTROLLED SUBSTANCE AND ALCOHOL USE/ABUSE TESTING FOR COMMERCIAL DRIVERS LICENSE Overview/History: The Department of Transportation (DOT) and the Federal Highway Administration (FHA) have issued Federal regulations implementing, the Omnibus Transportation Employee 62 Testing Act of 1991 which requires alcohol and controlled substance testing for those who are required to possess a commercial driver's license (CDL). The purpose of this policy is to help prevent accident and injuries resulting from the misuse of these substances by employees that possess a CDL and operate or service commercial motor vehicles, effective January 1, 1996. Purpose: The City of Yankton has a strong commitment to its employees and the public to provide a safe, healthy, and productive work environment. In line with this commitment and in keeping with Section 14.4 Drug & Alcohol Substance Abuse of the Uniform Personnel Rules & Regulations Manual of the City of Yankton, the City provides guidelines for the detection and deterrence of alcohol and drug abuse to eliminate any substance abuse which would impair an employee's performance of their assigned duties. Definitions: A. Alcohol: the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular weight alcohol including methyl or isopropyl alcohol. B. Drugs: any substance (other than alcohol) that is a controlled substance as defined in this section. C. Controlled substance: has a stimulant, depressant, or hallucinogenic effect on the central nervous system. D. Breath Alcohol Technician (BAT): an individual who instructs and assists individuals in the alcohol testing process and operates an evidential breath testing device (EBT). E. Evidential Breath Testing device (EBT): an EBT approved by the National Highway Traffic Safety Administration (NHSA) for the evidential testing of breath. F. Substance Abuse Professional (SAP): a licensed physician or a licensed or certified Psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substances-related disorders. G. Medical Review Officer (MRO): a licensed physician responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his/her medical history and any other relevant biomedical information. H. Random selection: an unannounced, computer generated mechanism for selection of employees for testing where each employee has an equal chance of being tested each ti me selections are made. The employee must proceed immediately to testing site upon selection. G. Reasonable suspicion: the appearance, behavior, speech or body odors of an employee appear to be indicative of the use of a controlled substance or alcohol based on the observation of at least one supervisor or person who has received training in the identification of characteristics indicative of drug and alcohol use. H. Refuse to submit to an alcohol or controlled substance tests: means that an employee: 63 1. Fails to provide adequate breath for testing without a valid medical explanation after he or she has received notice of the requirement for breath testing; 2. Fails to provide adequate urine for controlled substances testing without a valid medical explanation after he or she has received notice of the requirement for urine testing; or 3. Engages in conduct that clearly obstructs the testing process. I. Commercial Motor Vehicle (CMV): a motor vehicle or combination of motor vehicles used to transport passengers or property if the motor vehicle meets any one of the following criteria: 1. Has a gross combination rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds, or 2. Has a gross vehicle weight rating of 26,001 or more pounds, or 3. Designed to transport 16 or more passengers including the driver, or 4. Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to be placarded. J. Safety-sensitive employee: an employee of the City included in any one of the following categories: 1. All regular full-time employees of the City in positions requiring possession of a commercial driver's license (CDL). 2. Applicants for hire or promotion to the above-mentioned category who are subject to pre-employment drug testing. K. Safety-sensitive: Is any time used for inspecting, conditioning, servicing, driving, testing, loading, unloading, riding in, repairing, assisting with any commercial motor vehicle, or when the selected employee is not scheduled to perform a safety sensitive function, but may be called upon to do so at any time during the work shift. Circumstances Under Which Drug and Alcohol Tests will be Required or Requested Whenever an employee is required or requested to submit to alcohol and/or controlled substances testing, the employee may, upon request, be permitted to have a representative present during collection or testing when reasonably possible without disrupting the timeliness or effectiveness of the testing procedures. A. Testing Circumstances 1. Pre-employment a. All applicants for regular employment with the City of Yankton will be required to submit to pre- employment drug testing if a job offer is made. b. Any job offer made to an applicant for hire, will be contingent upon a negative drug test report. 64 B. Reasonable Suspicion: The City may request that the employee undergo drug and alcohol testing if there is a "reasonable suspicion" that the employee is under the influence of drugs or alcohol during work hours. "Reasonable suspicion" means a belief based on specific facts and reasonable inferences drawn from those facts that an employee is under the influence of drugs or alcohol. Circumstances which constitute a basis for determining reasonable suspicion may include, but are not limited to: 1. A pattern of abnormal or erratic behavior which is so unusual that it warrants summoning a supervisor, department head or other individual for assistance. 2. Information provided by a reliable and credible source with personal knowledge. 3. Direct observation of drug or alcohol use. 4. Presence of the physical symptoms of drug or alcohol use; (i.e. glossy or blood-shot eyes, alcohol odor on breath, slurred speech, poor coordination and/or reflexes). 5. Possession of substances in violation of the City's drug and alcohol policy. The employee, where "reasonable suspicion" exists, may be asked to submit to breath and/or urine testing by a qualified medical collection site person at the City's expense. Prior to testing, the proper authority shall secure a signed release statement (attached) from the employee to have the hospital/physician release medical information to the City. An employee who refuses to consent to a drug and alcohol test when reasonable suspicion exists may be subject to disciplinary action. A positive result from the drug and/or alcohol test confirming the reasonable suspicion may result in disciplinary action. The proper authority is required to detail in writing the specific facts, symptoms, or observations which led to the reasonable suspicion. This documentation shall be given to the City Manager and placed in the employees personnel file only if confirmed by the drug and/or alcohol test. All information from an employee's drug and/or alcohol test is confidential, and only those with a need to know are to be informed of the results. Disclosure of test results to any other person, agency, or organization is prohibited unless written authorization is obtained from the employee. Random Testing: All safety-sensitive employees of the City must be placed into a random pool, and are required to submit to random alcohol and controlled substances testing upon request. Safety-sensitive employees placed into the random pool will be randomly selected for unannounced alcohol and controlled substances testing using a computer based random selection process. Random testing will be performed during any time used for inspecting, conditioning, servicing, driving, testing, loading, unloading, riding in, repairing, assisting with any commercial motor vehicle, or when the selected employee is not scheduled to perform a safety sensitive function, but may be called upon to do so at any time during the work shift. 65 Alcohol Tests: Screening and confirmation alcohol testing will be done by a certified Breath Alcohol Technician using an Evidential Breath Testing (EBT) device and approved by the National Highway Traffic Safety Administration. Random alcohol testing will be done in accordance with current Department of Transportation rates. Location of tests will be conveyed to the selected CDL holder. Upon notice and upon reporting to the designated location, the employee shall provide positive identification. Completion of breath alcohol testing forms with employee signature and participation/cooperation by employee will be required. Prohibited Conduct: All drug and alcohol use/abuse as stated in Section 14.4 of the Uniform Personnel Rules & Regulations Manual is prohibited including the following: 1. Alcohol Prohibited – (CDL holders): While performing assigned duties, within four hours of performing duties, while subject to being called to perform duties, within eight hours or until tested following involvement in a reportable vehicular accident. 2. Controlled Substance Prohibited – (CDL holders): Any unauthorized or illegal use of any controlled substance is strictly prohibited in all situations. 3. Prescription Drugs: The legal use of controlled substances prescribed by a licensed physician is not prohibited. However, before performing their duties, employees must notify their supervisor if they are taking any legally prescribed medication or therapeutic drug, or any non-prescription drug which is known to, or likely to, adversely affect or impair the employee's mental functioning, motor skills or judgment. This notification should be accompanied by a written physicians report or pharmaceutical prescription. The report or prescription should indicate when and how the prescribed medications will affect the employee's ability to safely perform his/her essential job duties. Failure to inform one's supervisor of the use of a prescribed controlled substance which is known to cause impairment and which does negatively impact the employee's performance or safety, may be proper cause for disciplinary action. Note: The Federal Highway Administration regulations regarding safety-sensitive employees include prescription or non-prescription medications containing alcohol among the substances banned from use in the workplace. Therefore, employees should not report for duty while taking prescription or non-prescription medication if such medication contains any measurable amount of alcohol. Post Accident: As soon as practicable following an accident involving a commercial motor vehicle (CMV), The safety-sensitive employee operating the CMV will be required to submit to post-accident alcohol and drug testing if the accident results in: 1. The death of a person or persons regardless of the amount of vehicle or property damage; 2. The employee receiving a citation for a moving traffic violation arising from the accident; 3. Bodily injury to any person involved in the accident requiring emergency care; or 4. One or more motor vehicles incurring disabling damage as a result of the accident. 66 If the safety sensitive employee is not tested for alcohol within 2 hours of the accident, the reasons will be documented by the supervisor. After 8 hours, all attempts to conduct the alcohol test will cease and the reasons will be documented by the supervisor. If a urine sample for controlled substance testing has not been collected from the safetysensitive employee within 32 hours following the accident, all attempts to conduct the controlled substances testing will cease and the reasons will be documented by the supervisor. A safety-sensitive employee subject to post-accident testing must remain available for testing following the accident or the employee will be considered to have refused to submit to testing. The safety-sensitive employee is prohibited from using any alcohol for eight hours following the accident or until the employee has undergone a post-accident alcohol test, whichever comes first. Nothing in this section will be construed to require the delay of necessary medical attention for injured people following an accident or to prohibit an 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. Return to Dut y Testing: Any safety-sensitive employee found to have violated this plan will not be permitted to return to work until after undergoing return to duty tests indicating an alcohol concentration of less than 0.02 and a verified negative result for controlled substances. Follow-u p Testing: Following a determination by a Substance Abuse Professional (SAP) that an employee is in need of assistance in resolving problems with alcohol abuse and/or controlled substances use, an employee may be subject to unannounced follow-up alcohol and/or controlled substances testing. A safety-sensitive employee is required to be subject to no less than 6 unannounced follow-up alcohol and controlled substances tests within the first 12 months at the expense of employee, following the employee's return to work provided the employee remains employed and drug and alcohol free for that period. Procedures and Substances to be Tested For: A. Alcohol Tests: The FHA Alcohol test rules require that confirmatory breath testing be administered by a Breath Alcohol Technician (BAT) using an Evidential Breath Testing device (EBT). Two breath tests are required to determine if a person has a prohibited alcohol concentration, the initial screening and a confirmatory test in the case of a positive screening test. FHA regulations provide that the initial alcohol screening test can be administered using one of the alternative field alcohol testing devices approved by the FHA for that purpose. Any result less than 0.02 alcohol concentration is considered a "negative" test result. If the alcohol concentration is 0.02 or greater, a second confirmation test must be conducted. If an employee attempts and fails to provide an adequate amount of breath, the City will refer the employee for a medical evaluation to determine if the employee's inability to provide an adequate volume of breath is medically genuine or constitutes a refusal to test. Refusal and/or positive alcohol test result will be grounds for disciplinary action. (See Uniform Personnel Rules and Regulation Manual, Section 14.5) Alcohol test results will be reported directly to the designated contact person in Human Resources. No driver tested who is found to have an alcohol concentration of 0.02 or greater but less than 0.04 shall perform or continue to perform safety-sensitive functions until the start of the driver's 67 next regularly scheduled duty period, but not less than 24 hours following administration of the test (Ref. CFR 382.505) and may be subject to disciplinary action. (See Uniform Personnel Rules and Regulations Manual, Section 14.5) An employee with an alcohol confirmation test of 0.04 or greater will be removed immediately from the work site and placed on leave. The procedure for return to duty and follow-up testing would then apply. B. Controlled Substance Tests: Controlled substances testing for employees is conducted by analyzing an employee's urine specimen. Split urine samples will be collected according to FHA regulations. The employee will provide a urine sample at a designated collection site. The collection site technician will divide the urine specimen into two bottles labeled "primary" specimen and "split" specimen, seal the specimens, complete a chain of custody document and prepare the bottle for shipment to the testing laboratory for analysis. If the employee is unable to provide the adequate quantity or urine, the collection site technician will instruct the employee to drink not more than 24 ounces of fluids and, after a period of no more than two hours, again attempt to provide an adequate sample. If the employee is still unable to provide an adequate sample, the testing will be discontinued and the City notified. The employee will be referred for a medical evaluation to determine if the employee's inability to provide an adequate specimen is genuine or constitutes a refusal to test. Refusal and/or positive controlled substance test result will be grounds for disciplinary action. (See Uniform Personnel Rules and Regulations Manual, Sect. 14.5) Controlled substances test results for employees in safety-sensitive positions are reported directly to the Medical Review Officer (MRO) or designee by the testing laboratory, and the following procedures will be followed: a. If the results are negative, the MRO or designee will report the results to a designated City contact person and no further action is necessary. b. If the test result is confirmed positive, the MRO contacts the employee (in person or by telephone) in an attempt to give the employee an opportunity to discuss the test result. The MRO will review any medical information supplied by the employee to determine whether there is an acceptable verifiable medical reason for the positive test result. The MRO will verify and report a confirmed positive test result to the City when no legitimate medical reason for a false positive test result has been identified within a reasonable period following receipt of results from the testing laboratory. c. If after making reasonable efforts to contact the employee, and documenting these efforts, the MRO is unable to reach the employee directly, the MRO must contact the designated City contact person, who will attempt to contact and direct the employee to contact the MRO. If the City contact person is unable to contact the employee, the employee will be placed on suspension, if not already on suspension for reasonable suspicion or post-accident, pending receipt of the verified results of the tests. d. The MRO may verify a test positive to the City without having first communicated directly with the employee about the test results under the following circumstances: 1. The employee expressly declines the opportunity to discuss the test results. 2. The employee has not contacted the MRO within five days of being instructed to do so by the City. 3. The City designated contact person, after making reasonable efforts to do so, has not been able to reach the employee after being asked to do so by the MRO. The City or MRO will notify an employee with a confirmed positive test result that he/she has 72 hours in which to request a test of the split specimen at a certified laboratory at his/her 68 own expense. If the employee fails to request the test of the split specimen with 72 hours after being notified of the results of the test, he/she will be deemed to have waived any right to seek testing of the split specimen. If the employee does elect to have the split urine sample tested at his/her own expense and the results of the test are confirmed to be negative in contradiction of the original confirmed positive test result, the City will reimburse the employee for the cost of the split sample test up to the amount paid by the City for controlled substance testing. Records: Employee drug testing results and records will be maintained under strict confidentiality by the City, the drug testing laboratory, and the Medical Review Officer (MRO). They will not be released to others without the written consent of the employee. Exception to this confidentiality provision is limited to DOT agencies when license or certification actions are required. Education: The City of Yankton will provide information regarding alcohol and drug use/abuse and treatment resources to safety-sensitive employees. All supervisors of safety-sensitive employees must attend 60 minutes of training on alcohol misuse and 60 minutes of training on controlled substance misuse. This training is necessary to assist supervisors in making appropriate determinations for reasonable suspicion testing. Each employee will be provided a copy of the City's Controlled Substance and Alcohol Use/Abuse Testing Policy for Commercial Drivers License (CDL). Management Responsibilities: When performance or conduct problems have been identified with an employee which could be related to personal problems or substance abuse, a supervisor's primary responsibility is to observe, document, and discuss the performance and/or conduct problems with the employee. The supervisor must not attempt to engage in counseling the employee on suspected personal problems or substance abuse related issues, as that role should be left to counseling professionals who are trained to provide such assistance. In such circumstances, however, the supervisor does have a responsibility to make the employee aware of and encourage him/her to take advantage of the services available through the City's Employee Assistance Program and document that such advisement has been given. A drug and alcohol-free workplace is important because of the City's responsibility to serve the public safely without interruption. 14.5 FORMS OF DICIPLINE 14.5.1 REPRIMAND (Verbal or Written) Supervisors and/or Department Heads may orally reprimand employees for violation of municipal or department rules. Verbal reprimands shall be made in a civil, constructive, business like manner. Note of the verbal reprimand may be added to the employee's personnel file. If placed in the employee's file, a copy of the reprimand shall be provided to the employee by the Department Head. When deemed appropriate by the supervisor and/or Department Head, written reprimands for violation of municipal or department rules may be forwarded to the City 69 Manager to be made a part of the employee's personnel file. Repeated or multiple reprimands may be cause for more severe disciplinary action. Supervisors and/or Department Heads utilizing a reprimand as a disciplinary tool shall endeavor to do so with reason and with an attitude of not only admonishing or warning the employee, but also to lead, guide, direct and instruct the employee in how to correct and avoid repeating the behavior. The employee may submit a written statement of response, which shall be attached to the reprimand in their personnel file. 14.5.2 SUSPENSION 14.5.2.1 Procedure When circumstances warrant, a Department Head may initiate the immediate suspension of an employee for just cause (See Section 14.2) and written notification will be sent to the City Manager for his concurrence. A written report on all such suspensions shall be promptly forwarded to the City Manager by the Department Head to subsequently be filed in the employee's personnel file. An employee who is suspended shall be advised of the action, the reason for it and the duration of it within twenty-four (24) hours (excluding weekends) of the effective date of such action. Final termination of employment will need approval of the City Manager prior to this action. 14.5.2.2 Pay and Duration Suspension may be without pay. Suspension without pay may not exceed thirty (30) consecutive days, (See also Section 13.1) 14.5.3 REDUCTION IN PAY An employee may receive a reduction in pay in an amount to commensurate with the severity of the violation as a form of disciplinary action. (See Section 14.2) This form of disciplinary action shall be exercised by written recommendation of the Department Head and approval of the City Manager. 14.5.4 DEMOTION An employee may be demoted to a lower paying classification as a form of disciplinary action. (See Section 14.2) This form of disciplinary action shall be exercised by written recommendation of the Department Head and approval of the City Manager. The demoted employee shall be subject to a six (6) month probationary period as outlined in Section 4. 14.5.5 DENIAL OR DELAY OF STEP INCREASE On notification to and approval by the City Manager in writing, a Department Head may, as a form of disciplinary action (See Section 14.2), delay a step increase for an indefinite period of time, or deny a step increase when in their opinion it is not warranted. A report on the reason for delay or denial of a step increase shall be forwarded to the City Manager to be filed in the employee's personnel file. Infraction, violation of, or noncompliance with any provision, requirement, policy or regulation set forth in this manual or as later amended may be cause for delay or denial of a step increase. 70 Infraction, violation of, or noncompliance with any provision, requirement, policy or regulation of the employee's department may also be cause for delay or denial of a step increase. 14.5.6 ADMINISTRATIVE PROBATION An employee who has successfully completed their probationary period for the position held may be placed on Administrative Probation when general work performance shows a definite deterioration. The maximum amount of time the employee will spend on Administrative Probation will be six (6) months. The number of times that an employee can be placed on Administrative Probation will not be limited during their employment. During Administrative Probation, the employee may, with the approval of the City Manager, be terminated from employment with the City. (See also Section 4) 14.5.7 DISMISSAL Any employee may be dismissed, for just cause, with notice. (See Section 14.2) Such action shall be taken only when other forms of disciplinary action or penalties are deemed inappropriate or have proven ineffective in dealing with the particular employee. This form of disciplinary action shall be exercised by written recommendation of the Department Head and approval of the City Manager. Each employee having completed a six (6) month probationary period shall be entitled to a hearing before the City Manager and shall be notified of the schedule for the hearing. 14.6 WORKPLACE VIOLENCE POLICY AND GENERAL PROCEDURES 14.6.1 POLICY STATEMENT The City of Yankton maintains a zero tolerance policy toward workplace violence, or the threat of violence, by any of its employees, customers, the general public, and/or anyone who conducts business with the City. It is the intent of the City, (each department) to provide a workplace which is free from intimidation, threats, or violent acts. Each department is encouraged to adopt this policy, design procedures specific to the work unit(s) for dealing with incidents of violence, and conduct training for unit employees in the department procedures related to dealing with workplace violence. 14.6.2 DEFINITIONS Workplace violence includes, but is not limited to, verbal abuse, harassment, threats, physical attack, or property damage. A threat is the expression of an intent to cause physical or mental harm regardless of whether the person communicating the threat has the present ability to carry out the threat and regardless of whether the threat is contingent, conditional, or future. Physical attack is unwanted or hostile physical contact with another person such as hitting, fighting, pushing, shoving, or throwing objects. Property damage is intentional damage to property, which includes property owned by the City, employees, or others. 14.6.3 PREVENTION OF WORKPLACE VIOLENCE The City of Yankton subscribes to the concept of a safe work environment and supports the prevention of workplace violence. Prevention efforts include, but are not limited to, informing employees of this policy, instructing employees regarding the dangers of workplace violence, communicating the sanctions imposed by violating this policy, and providing a reporting hierarchy within which to report incidents of violence without fear of reprisal. 71 14.6.4 REPORTING THREATS – INTERNAL AND EXTERNAL Each incident of violent behavior, whether the incident is committed by another employee or an external individual such as a customer, vendor, or citizen, should be reported to the Department Head. The Department Head will assess and investigate the incident and determine the appropriate action to be taken. The Department Head will inform the Personnel Department of all reported incidents of workplace violence. In critical incidents in which serious threat or injury occurs, emergency responders such as Police, Fire, and/or Ambulance personnel must be immediately notified. As necessitated by the seriousness of the incident, the Personnel Department may assemble a Threat Management Team that consists of the City Manager, Personnel Clerk, City Attorney, Law Enforcement Representative, Facilities Management Specialist (Public Works Director), a member of Senior Management (in most cases this would be the Department Head for the particular area), and others as deemed necessary. The Threat Management Team is responsible for establishing the protocol in the event of a threat or violent incident that may include, but is not limited to: D D D D D Evaluating potential violence problems, Assessing an employee's fitness for duty, Selecting intervention techniques, Establishing a plan for the protection of co-workers and other potential targets, Coordinating with affected parties such as victims, families, employees, media, or law enforcement personnel. Any employee who acts in good faith by reporting real or implied violent behavior will not be subjected to any form of retaliation or harassment. Any action of this type resulting from a report of violence should be reported to the appropriate management staff and proper action will be taken. 14.6.5 PROHIBITED ACTIONS AND SANCTIONS It is a violation of this policy to engage in any act of workplace violence. Any employee who has been determined to be in violation will be subject to disciplinary action up to and including termination and, depending upon the violent act, may be subject to criminal sanctions. 14.6.6 DEPARTMENT SECURITY AUDIT On an annual basis or whenever the physical layout of the workspace is significantly altered, the Department Head will examine the escape routes of the work area and communicate any changes to the department employees. On an as needed basis, the Department Head may request a security audit from the Police Department to determine whether any security measures, such as panic alarms, are necessary and effective. All employees should communicate with each other to be aware of any unusual activity that may identify the potential or actual occurrence of a violent incident. 14.6.7 EMPLOYEE TRAINING The Department Head, or his/her designee, will orient all new employees to departmental procedures regarding reporting incidents of violence, what to do if the employee is threatened and/or if an incident of violence actually takes place, and dealing with the after effects of an act of violence. 72 14.6.8 THREAT MANAGEMENT TEAM The City of Yankton's Threat Management Team will consist of the following members: 1. Human Resources Coordinator (takes information regarding threats) 2. City Manager (to serve as coordinator; conducts investigations, determines when to convene the team, lead contact with experts and consultants) 3. City Attorney 4. Law Enforcement Representative 5. Facilities Management Specialist (Public Works Director) 6. Member of Senior Management (in most cases would be the Department Head for the particular area) 73 74 15 SEPARATIONS 15.1 TYPES OF SEPARATION All separations from the classified City service shall be designated as one of the following types and shall be accomplished in the manner indicated: 15.1.1 REMOVAL At any time during a probationary period a Department Head, with the approval of the City Manager, may separate in accordance with Section 4, any employee whose performance does not meet with required standards. Further, an employee under initial probation is not entitled to a hearing related to the termination. 15.1.2 RESIGNATION An employee who desires leaving the City's classified service, shall file with the immediate Department Head at least two (2) weeks before leaving the service, a written resignation stating the effective date and the reasons for leaving. The Department Head may permit a shorter period of notice because of extenuating circumstances. The resignation shall be forwarded to the City Manager on a Personnel Action Report form along with a statement by the Department Head as to the resigned employee's service performance and pertinent information concerning the cause of resignation. 15.1.3 EXIT INTERVIEW It is a policy of the City of Yankton for the Department Head to conduct an exit interview prior to an employee's separation from employment. The exit interview is conducted for several purposes, including: 1) to resolve all outstanding matters between the City and the employee; 2) to advise the employee of the affect their separation will have upon all benefits and what benefits they having coming upon separation; and 3) to aid the City in gathering information to help improve the City's working environment and other employment relationships. Each employee shall fill out and complete an Exit Interview form and forward it to their Department Head who will forward the form to the City Manager for review. Failure to comply with this requirement may be cause for denying future employment with the City. 15.1.4 DISMISSAL Dismissal shall be handled as a disciplinary action as provided in Section 14. 15.1.5 LAYOFF 15.1.4.1 Recommendation When a position must be discontinued or abolished because of a change in duties, reorganization, lack of work or lack of funds, the Department Head shall submit a report to the City Manager together with a recommendation as to the employee(s) to be laid off. 15.1.4.2 Warning Within seven (7) calendar days after the report has been submitted to the City Manager, the Department Head will notify the recommended employee(s) of the intention of possibility of such a layoff. All information concerning the possible layoff, the reasons and any other information shall be relayed to the employee. 75 15.1.4.3 Order The City Manager shall determine the order of layoff of employees on the basis of relative suitability for the jobs that remain and the length of continuous service with the City except that no regular employee shall be separated while there is a temporary or probationary employee in any grade in any department performing duties for which the regular employee is qualified. However, the regular employee must give written notification to the Department Head in which the probationary or temporary employee is working indicating a desire to be placed in such a position. If it is found that two or more persons in a department in which the layoff is to be made are at equal rating as determined on the basis of seniority and work performance reviews, the order of layoff in such case of a tie shall be inverse order of the date of initial employment. 15.1.4.4 Notification Regular employees subject to layoff shall be notified in writing two (2) calendar weeks prior to the effective date of such layoff. 15.1.4.5 Re-Employment List If certified as having given satisfactory service, the name of the laid off employee(s) shall be placed on the appropriate re-employment list for a period of not less than six (6) months. However, if an employee is reinstated within the six (6) month period, the employee shall not be required to take any qualification examinations and shall maintain all seniority. 15.1.6 DISABILITY An employee may be separated for disability when said employee cannot perform the required duties, with or without accommodation, because of a physical or mental impairment. Action may be initiated by the employee, the employee's legal representative or the City. But in all cases it must be supported by medical evidence acceptable to the City Manager. The City may require an examination at City expense and performed by a physician of the City's choice. Any employee separated because of disability shall be entitled to those benefits provided by law under Worker's Compensation, retirement fund and/or Social Security. 15.1.7 DEATH Separation shall be effective as the date of death. All compensation in accordance with Section 5.17 shall be paid to the estate of the employee. 15.1.8 RETIREMENT The City participates in the Federal Social Security Program and the South Dakota Retirement System with the City contributions based upon State and Federal regulations. 15.1.9 RETIREMENT AGE There is no mandatory retirement age for municipal employees. However, all employees must continue to meet the performance requirements for their position. 15.2 CONDITIONS OF SEPARATION At the time of separation and prior to final payment, all records, assets and other items of City property in the employee's custody shall be transferred to said employee's Department Head. Any amount due because of a shortage in the above shall be held from the employee's final compensation or collected through other appropriate action. 76 15.3 SEPARATION PAY Employees who leave the City service shall receive payment for all earned salary, accrued vacation and accrued compensatory time. They shall also receive any shift pay accrual, sick leave pay-out and prorated longevity pay, which may be due them. However, all such payments shall be subject to deduction for any indebtedness pursuant to section 15.2. These payments will be received in the final paycheck issued on the normal check date for the last pay period worked. (NOTE: SDCL 6.11.10 provides that final payment shall be within five days of termination if the employee is terminated.) 77 78 16 GRIEVANCE PROCEDURE The City of Yankton shall provide the opportunity for all municipal employees to discuss grievances concerning the application and interpretation of the provisions of this personnel manual. Below is a list of procedures, which must be followed when an employee has a grievance. Step 1. The aggrieved employee will discuss the grievance with their direct supervisor. The supervisor will give the aggrieved employee an oral response and/or solution within two working days after such discussion. In the event the grievance is with the employee's direct supervisor, the grievance should be discussed with the next higher in command. In the event the grievance is with the City Manager, the grievance may be discussed with the City Finance Officer or City Attorney. Step 2. If the grievance is not resolved or, upon subsequent recurrence of the grievance, the aggrieved employee shall submit the claim as a formal written grievance to their Department Head within two (2) working days. The written grievance shall state specifically the events causing the grievance and all actions taken by the employee to resolve it. Step 3. If possible, the Department Head shall resolve justifiable grievances. In the event the Department Head cannot resolve the grievance within two (2) working days, the Department Head shall present it to the City Manager for a hearing. An employee receiving disciplinary action or having a grievance has a right to this hearing before the City Manager. The employee filing the grievance is entitled to representation by counsel during the hearing. Step 4. The City Manager shall have five (5) working days to schedule a hearing with the aggrieved employee. Step 5. The City Manager, after the hearing, shall then render a decision on the employee's grievance. Decisions of the City Manager shall be final and subject to appeal only as provided by State or Federal law. 79 80 17 MISCELLANEOUS 17.1 POLITICAL ACTIVITY City employees are neither appointed nor are they retained in the City service upon the basis of their political philosophy, contributions or activities. All employees shall enjoy the rights and privileges of any free citizen in matters of a political nature. However, certain minimum restrictions are necessary so City staff can be expected to perform their duties in a nonpartisan manner. These minimum restrictions are as follows: 17.1.1 CITY GOVERNMENT While working for the City, all employees shall refrain from soliciting or receiving any subscription, contribution or political service from any person for any political purpose pertaining to the government of the City. City employees shall not work at the polls (politically), or circulate petitions or campaign literature for elective City officials. To do so is a Class 2 misdemeanor. 17.1.2 USE OF CITY PROPERTY No employee shall use in any way any building, space, facility, machine, other City property, or on-duty employee connected to the City for the purposes of solicitation, promotion, election or defeat of any candidate for public office. This shall not prevent, however, the rental of any facility for the normal fee charged. 17.1.3 ELECTED OFFICIALS Employees are not permitted to hold a seat on the Board of City Commissioners. (See also Section 3.16) 17.1.4 INDIVIDUAL POLITICAL ACTIVITIES Nothing in the section shall be construed to prevent employees from becoming or continuing to be members of any lawful political organization, for attending lawful political meetings, from expressing their view on political matters or from voting with complete freedom in any election. 17.1.5 PETITIONS Employees may sign a petition provided that such an activity is in an off-duty status. 17.2 REST PERIODS (COFFEE BREAKS) Coffee breaks or rest periods are a privilege, which shall be, arranged so as not to interfere with City business as determined by each department's needs and services. During each eight (8) hour shift, two fifteen (15) minute breaks shall be permitted and may be taken back to back. Breaks shall begin and end within the allotted period. 17.3 SMOKING POLICY The smoking of tobacco products is hereby prohibited in all facilities, buildings, equipment and vehicles that are owned by and under the jurisdiction of the City of Yankton. No employee of the City of Yankton shall smoke tobacco products in any building, facility, piece of equipment or motor vehicle owned and under the jurisdiction of the City of Yankton. Employees of the City of Yankton shall not allow other persons to smoke tobacco products 81 within any building, facility, equipment, or motor vehicle owned by and under the jurisdiction of the City of Yankton. Employees of the City of Yankton who violate this smoking policy shall be subject to disciplinary action as established by these personnel rules. 17.4 GIFTS AND GRATUITIES No employee of the City of Yankton shall accept any fee, reward, gift or gratuity that has any connection whatsoever with said employee's municipal employment or the performance of an employee's official duties. It is expressly prohibited for any employee, in any way, to use their position or influence for private gain for themselves or others. A business gift of an advertising nature valued at $15.00 or less, or a business lunch, will not be considered as having influence on the performance of an employee's duties. 17.5 WORKWEEK It is the City of Yankton's intent to create a standard work week within which an employee is expected to perform municipality services. The City also realizes that emergency and extenuating circumstances may arise in which an emplo yee is required to work variable hours. Nothing within this policy is meant as a guarantee to the number of hours, either daily or weekly, that an employee may be required to work. However, it is the City's policy that every employee be treated equally and fairly when expected to work odd or extended hours. Most full-time employees normally work five eight-hour days per seven-day workweek and are subject to the overtime provisions set forth in this handbook. Since some departments require 24-hour staffing, the Department Head may establish a workweek different than the foregoing schedule but in compliance with the FLSA. Employees in administrative, professional, or City managerial positions shall work the number of hours necessary to ensure the satisfactory performance of their duties. The standard 40 hour work week for the purpose of calculating pay and overtime shall begin at 12:01 a.m. Saturday and end on 12:00 p.m. Friday. Law enforcement personnel shall work a 28-day work period either 8 or 10 hour tours of duty. Law enforcement personnel are subject to overtime provisions set forth in this handbook and the compensatory time off provisions set forth in this handbook. Law enforcement staff personnel shall work a workweek consisting of 40 hours. When the activities of a particular department require some other schedule to meet work needs, the City Manager may authorize a deviation from the normal schedule. 17.6 TIME CARDS Each employees time card is a record of their regular hours worked, overtime worked, and vacation or sick leave used for the purpose of calculating and issuing pay checks. Every employee and their supervisor must sign their time card to verify that all entries are accurate. Intentional falsification of time cards may result in disciplinary action. 82 17.7 PERSONNEL RECORDS MAINTENANCE The City Manager shall maintain such personnel records as are necessary for the proper administration of the personnel system. The City shall maintain in personnel records only information that is relevant to accomplishing personnel administration objectives. 17.8 PERSONNEL FILE The following information on each employee shall be maintained in the employee's personnel file and shall be open to public inspection: Name Age Date of original employment or appointment to City service Current position title Current salary Date and amount of most recent change in salary Date of most recent promotion, demotion, transfer, suspension, separation, or other change in status 8. Office/Department to which the employee is currently assigned 9. Immigration 1-9 form 1. 2. 3. 4. 5. 6. 7. Other information maintained in an employee's personnel file may be made available only in accordance with Sections 17.8.1 – 17.8.3. 17.8.1 ACCESS TO PERSONNEL FILES Any person may have access to the information listed above for the purpose of inspection, examination, and copying during the regular business hours, subject only to such rules and regulations for the safekeeping of public records as the Board may adopt. Access to such information shall be governed by the following provisions: 1. All disclosures of records shall be accounted for by keeping a written record (except for authorized persons processing personnel actions) of the following information: Name of employee; information disclosed; date information was requested; name and address of the person to whom the disclosure is made; purpose for which information is requested. This information must be retained for a period of two years. 2. Upon request, records of disclosure shall be made available to the employee to whom it pertains. 3. An individual examining a personnel record may copy the information; any available photocopying facilities may be provided and the cost may be assessed to the individual. 4. Any person denied access to any record shall have a right to compel compliance with these provisions by application to a court for a writ of mandamus or other appropriate relief. 83 17.8.2 CONFIDENTIAL INFORMATION CONTAINED IN PERSONNEL FILES All information contained in a City employee's personnel file other than the information previously listed shall be kept confidential and shall be pen to public inspection as provided in this section. 1. The employee or his/her duly authorized agent may examine all portions of their personnel file except (I) letters of reference solicited prior to employment, and (ii) information concerning a medical disability, mental or physical condition, that a prudent physician would not divulge to his patient. 2. A licensed physician designated in writing by the employee to examine the employee's medical record may examine this portion of the file. 3. A City employee having supervisory authority over the employee may examine all material in the employee's personnel file. 4. By order of a court of competent jurisdiction, any person may examine all materials in the employee's personnel file. 5. An official of an agency of the state of federal government or any political subdivision of the state may inspect any portion of a personnel file when such information is deemed by the City Manager to be necessary and essential to the pursuance of a proper function of the inspecting agency, but no information shall be divulged for the purpose of assisting in a criminal prosecution of the employee or for the purpose of assisting in an investigation of the employee's tax liability. 6. Each individual requesting access to confidential information will be required to submit satisfactory proof of identity. 7. A record shall be made of each disclosure and placed in the employee's file (except of disclosures to the employee and supervisor). 17.8.3 INTERNAL INVESTIGATION RECORDS Records relating to internal investigations into the conduct of employees shall be kept separate from personnel files. Such records shall be kept strictly confidential and no person may have access to such records or disclose any information contained therein without explicit approval of the City Manager. If an internal investigation is undertaken in response to a complaint by a citizen, then the City may disclose to the complainant that an investigation was made and whether the City determined that the charge was founded or unfounded. The City may not disclose the nature of any disciplinary action taken. 17.9 EXECUTIVE SESSION — PERSONNEL DISCUSSION It is the policy of the Board of City Commissioners to recess into executive session to discuss personnel issues such as employee qualifications, competence, performance, and character or fitness. However, in accordance with South Dakota's open meeting law, no official action will be taken except in an open official meeting. Such sessions are called to protect the employer/employee relationship. 84 17.10 EMPLOYMENT REFERENCES In compliance with the Federal Privacy Act, the City is required to protect the privacy rights of all employees. In following this Act, it is the City's policy to provide only the following information on both present and past employees: 1. If an employee has been employed with the City in municipal government service; 2. Dates of employment; 3. Current position or position at the date of separation from employment and other positions held; and 4. Verification of salary information. All confidential employment information is given solely at the discretion of the City and on a need to know basis only. Additional information may be released, upon approval of the City Manager, and upon a written and signed disclosure and release request from the employee. The City may request written verification for the need of such employment information. Due to the potential liability for the release of employment information, only the Human Resources Coordinator is authorized by the City Manager to give out such information. The City Manager reserves the right to instruct the Human Resources Coordinator that no additional information be released on certain employees. All requests for information on an employee's employment shall be immediately directed to the Human Resources Coordinator. Providing employment references, including off-the-record remarks, without authorization in violation of the above stated policy may result in disciplinary action. 17.11 HAZARDOUS WEATHER PLAN PURPOSE: The City of Yankton offices are open and operate normally throughout the year with the exception of approved holidays. This plan is to establish a procedure by which variation in office openings and/or closings may occur as a result of hazardous weather. INTENT: It is the intent of this plan to establish guidelines and procedures to be followed during hazardous weather. The plan also establishes the authority and responsibility of Management and Department Heads. 17.11.1 PLAN ASSUMPTIONS: The City of Yankton is subject to hazardous weather conditions that may inhibit the ability of employees to travel freely. Weather occurrences of a hazardous nature may approach slowly and be forecast, or a system may change or deteriorate rapidly. The most probably weather hazards are winter storms, however, other types of weather may occur. ALERT AND WARNINGS: It is the responsibility of the E911 Services to monitor the weather conditions daily. Weather statements are received from the National Weather Service and the SD Highway Patrol giving system potentials and forecasting impact. Reports of local conditions are received from the county and city law enforcement agencies. Hazardous weather conditions will be relayed to the City Manager, in accordance with the notification procedures of this plan. ACTIVATION PLAN: The City Manager or his official designee has the authority and responsibility to activate the plan and designate the level of activation. The City Manager will be informed of weather conditions by E911 Services. The City Manager has the 85 authority to implement the provisions of the plan including closing City office completely. The City Manage will initiate the notification procedure of this plan and cause Department Heads to be contacted and the Finance Officer to alert the media. When hazardous weather conditions develop during work hours, the City Manager will activate the plan and designate the appropriate level. ACTIVIATION LEVELS: Advisory Hazardous Level — This level indicates conditions warrant caution but travel is possible with minimum road hazards. Once notified by the City Manager, Department Heads may grant administrative leave for delayed office hours or for leaving early, but will insure that all essential services and assistance to the citizens continues without interruption for as long as possible. Extremely Hazardous Level — This level indicates that travel is extremely hazardous or impossible and the City Manager has closed all Departments. No personnel, including Department Heads, will be required to report to work. The City may make transportation available to those employees in departments that provide essential services related to public health and safety who request it. NOTIFICATION OF EMPLOYEES: The notification of employees is the responsibility of the Department Head. Upon receiving notification from the City Manager or their designee, the Department Head will start the notification of their employees in accordance with the notification procedure of this plan. DEPARTMENT HEAD'S REPONSIBILITIES: The Department Head is responsible for the staffing levels of their department and may grant vacation leave to employees in their department at their discretion. The decision for employees not being required to report to work or to leave early is that of the Department Heads once the City Manager has activated the plan. Departments providing Police services, Water & Sewer Plant operation or Street Crew will normally be required to work even though the plan has been activated. At the Department Head's discretion, this can be done with a skeleton crew. EMPLOYEE'S RESPONSIBILITIES: Employees are expected to report to work at normal ti mes unless notified otherwise. It is the responsibility of the employee to contact their supervisor if weather conditions seem severe and notification has not been received in accordance with procedures or by Media Broadcast, or if the employee elects to request the day off. 17.11.2 RESPONSIBILITY CHECKLIST City Manager: 1. 2. 3. 4. 5. 6. Consult with E911 Services Activate plan and designate level Delay or vary office hours Close offices Notify Finance Officer Notify Administrative Secretary, HR Coordinator, and Department Heads 86 After receiving notification from the City Manager, Finance Officer: 1. Notify Media of closings, delays, or varied office hours Department Heads: 1. 2. 3. 4. Determine staffing level required Notify employees Insure essential services (Fire, Police, Public Works, Street Crew) Document leave granted and inform Finance Officer of which employees have been affected on the next business day 17.11.3 HAZARDOUS WEATHER NOTIFICATION PROCEDURE 1. By 6:00 a.m. – The City Manager contacts Yankton County Emergency Management Services for weather condition update and forecast. 2. By 6:10 a.m. – The City Manager notifies the Finance Officer of any changes to office schedules. 3. By 6:15 a.m. – The Finance Officer notifies the media listed below for broadcast of any changes to office schedules. 4. By 6:15 a.m. – All Department Heads will be notified of the City Manager's (or designee's) instructions. 5. By 6:25 a.m. – Department Heads notify their supervisory staff. 6. By 6:30 a.m. – Supervisory staff notifies the employees in their units. As stated above, all employees should receive a call from their immediate supervisor before 7:15 a.m. if there is to be a change in office hours. However, lines may be tied up, so all employees should listen to the following media stations if there is a question: Radio KYNT WNAX KVHT Television Prairiewave Mid-Continent Communications 17.12 INTERNET USAGE POLICY The internet connection is furnished to facilitate providing services that are essential or beneficial for the health, safety, welfare, and convenience of the general public. Use of the Internet that conflicts with providing services is prohibited. Accessing websites or transferring files containing illegal, pornographic or other material not consistent with providing services to the general public is prohibited. Violation of the City of Yankton's Internet Usage Policy may result in restriction of access and potential disciplinary actions, up to and including termination. 17.13 E-MAIL POLICY The e-mail system is the property of the City of Yankton. E-mail sent via the network is property of the City of Yankton and may be monitored from time-to-time to ensure compliance with this policy. Users should not have an expectation of privacy. Users should also be aware the e-mail records carry the same weight as other written communication and can be subpoenaed as a legal record. 87 E-mail may not be used for unlawful activities, commercial purposes, personal financial gain or for personal use which is inconsistent to providing services to the general public. City employees should use the same personal and professional courtesies and considerations in e-mail as they would in other forms of communication. All users of the City of Yankton network should remember that e-mail is not a secure communication medium and that the confidentiality of such information contained within an e-mail message cannot be assured. Such confidentiality may be compromised by applicability of law or policy, by unintended redistribution or because of inadequacy of current technologies to protect again unauthorized access. Users, therefore, must exercise extreme caution in using e-mail to community confidential or sensitive matters. Violation of the City of Yankton's e-mail policy may result in restriction of access and potential disciplinary actions, up to and including termination. 17.14 VEHICLE OPERATIONS POLICY Motor vehicle operation is one of the largest liability exposures to the City of Yankton. Safe driving practices protect the employee, fellow employees and citizens of the community. This policy will ensure that employees meet an acceptable standard of performance and safety while operating public vehicles or private vehicles for the purpose of conducting City business. 17.14.1. Driver's License Requirement One of the requirements to many positions in the City of Yankton is that the employee possess a valid current driver's license to operate a motor vehicle. It is each employee's responsibility to report the loss of the driver's license and/or driving privileges to their immediate supervisor as soon as such loss occurs. Failure to promptly report loss of driving privileges may result in disciplinary action and/or termination. This policy applies any time driving privileges are terminated, revoked, suspended, or limited in any way by a court or administrative office of the State of South Dakota or any other state or jurisdiction. The City recognizes that occasions arise where employees may temporarily lose their driving privileges and, in a desire to help such employees, the City is prepared to make certain accommodations where possible. Such accommodations should be determined and made solely at the discretion of the City. Positions will be classified in two separate driving requirement groups: essential function and nonessential function. An essential designation means that an employee is required to operate a motor vehicle as part of his/her duties. A non-essential designation means the operation of a motor vehicle is not an essential function of their job. Essential Any employee operating a motor vehicle (City or personal) in the course of performance of his/her duties as an employee of the City of Yankton must be legally licensed to operate a motor vehicle, even if the employee holds a position in a classification where vehicle operation is not an essential function. Employees holding positions requiring the possession of a valid South Dakota driver's license and/or commercial driver's license are required to complete and sign the Verification of Driver's License and return the form to the Human Resources Department (HR) to be inserted into the employee's personnel file. Any employee in this group who fails to sign the Driver's License Verification form and return it to HR will not be permitted to operate a motor vehicle at any time while on duty for the City and may be subject to disciplinary action. 88 If an employee loses his/her motor vehicle operating privileges for a specific period of ti me, and if the employee reports such loss immediately to his/her supervisor, management will meet with that employee and review all relevant facts surrounding such loss. Action to be taken may include, but is not limited to: * Temporary or permanent demotion to a vacancy in a lower classification in which driving is not an essential function. * Reclassification to a lower classification in which driving is not an essential function, and/or reduction in pay. * Suspension * Termination If suspension is the selected option, the employee will immediately be placed off-duty without pay. Leave time may be requested. Sick leave will not be allowed unless an employee can verify the nature of the illness and treatment as recommended by a physician, through the Employee Assistance Program (EAP), or other accredited or recognized treatment programs. Temporary or permanent demotion/reclassification will depend upon available open positions, length of time that the loss of driving privilege is in effect, reason for loss of driving privileges, and the impact that the time will have on work activities. An employee required to possess a valid commercial driver's license, who has his/her driver's license disqualified from driving a commercial vehicle, may be allowed to continue duties not limited by the loss of commercial driving privileges with only a reduction in pay. Such an accommodation will only be approved in the exclusive determination of the employer on a case-by-case basis that such a temporary redistribution of duties can be made with limited disruption to operations. Non-Essential An employee in this category may be required to move between work locations, but alternate transportation may be possible. These employees are expected to satisfactorily perform all duties within the scope of their job classification, including those that may require mobility. If the performance of their duties is negatively impacted due to complications arising from their loss of driving privileges, it will be considered a performance issue and addressed accordingly, which may include disciplinary action up to and including suspension or termination. No City employee shall drive for or transport another City employee who has lost his/her driving privileges unless there is a job-related reason to drive for or to transport the other employee. The department head will review the proposed course of action with the City Manager prior to acting. This will ensure consistency in the application of the policy. 17.15 EAP REFERRAL The misuse of alcohol and use of drugs creates a serious threat to the health and well being of the user, hampers job performance, and creates tension in the personal life of an employee. Additionally, it threatens the safety and well being of fellow workers and interferes with the effective performance of the operation of the City. 89 Symptoms of drug use and or alcohol misuse includes, but is not limited to: * * * * * * * * * * * * involvement in physical or verbal altercations on the job involvement in on-the-job accidents mood swings or attitude changes withdrawal from responsibilities/family contact unusual pattern of behavior excessive absenteeism, excessive tardiness or both patterns of absence (such as every Friday/every Monday) sleeping on the job unusual behavior such as slurred speech or unsteady walking and movements arrest for and/or conviction of a DUI marital problems financial difficulties It is the responsibility of the employee's supervisor to intervene when they have reason to believe the employee's behavior indicates signs of the abuse or misuse of alcohol, drugs, or other controlled substances The supervisor may confront the employee alone or request the presence of department head, the HR Coordinator, or the City Manager during intervention. The supervisor is to discuss observations and advise the employee of the assistance available through the EAP. The City Manager may require employee to attend intervention programs provided through the employer's EAR Employees attending EAP services during their normal work schedule may use sick leave. Failure to comply with supervisor's directions may result in disciplinary action up to and including termination. The City of Yankton cares about its employees. When an employee has problems, it is good business for the City to offer help. This policy reflects to provide a course of action to return the employee back to a productive work state. 17.16 CLOTHING POLICY It is the polic y of the City of Yankton to provide appropriate items of clothing to employees when the nature of the work is such that special protection is required or where special identification will aid in the effective performance of duties and in meeting department objectives. All municipal personnel are encouraged to maintain a clean, well-groomed and professional appearance conducive to good public relations. City emplo yees are what the citizens see as the City of Yankton. This policy is intended to assist departments in ensuring that their practices provide adequate protection and identification for employees, are economical and reasonably consistent throughout all departments and are comparable with those of similar occupations throughout the City. Appropriate items of clothing are broken down into three classifications: Protective work clothing is attire worn over or in place of regular clothing to protect the employee's clothing from damage or abnormal soiling or to maintain a sanitary environment when warranted by working conditions adverse to clothing. Safety equipment protects the employee and may include gloves, go ggles, prescription safety glasses, safety boots. 90 Uniform/Customer Service attire is worn for the purpose of ready visual identification of personnel where necessary for certain personnel. The department head shall recommend to the City Manager the use and application clothing and safety equipment for purposes described above. Such clothing and safety equipment shall be appropriately budgeted. Items worn out or damaged beyond usefulness should be submitted to the department head as evidence of needing replacement before being replaced. 17.17 RETIRE/REHIRE If an employee meets the requirements for full retirement per the provision of the South Dakota Retirement System (SDRS) as defined in SDCL Chapter 3-12, they are eligible for rehire, subject to City Manager approval. Upon receiving a letter of resignation, the City shall follow its normal hiring process to fill the position (i.e., advertising, interviewing, etc.) before making any decision as to which applicant to hire to fill the position pursuant to Section 3, Conditions of Employment of the Uniform Personnel Rules & Regulations. All employee benefits, including but not limited to wages, longevity pay, health and life insurance, sick leave, and vacation leave will terminate on the date which the retirement becomes effective. Should the retiree ultimately be the applicant chosen to fill the vacancy, compensation and benefits shall be consistent with that of a new employee hired for the same or similar position based on the successful applicant's knowledge, skills, abilities, education, and experience. No special consideration shall be given to the retiree who may be rehired except as to consideration given in the normal hiring process for all applicants. Applicants who previously worked for the City of Yankton shall be considered external applicants and not eligible for consideration during the time period by which existing employees may be considered pursuant to Section 3.3 Recruitment of the Uniform Personnel Rules and Regulations Manual. 17.18 CHANGES OF NAME, ADDRESS, TELEPHONE and WITHHOLDING STATUS It is the employee's responsibility to inform the Human Resources Office of any changes in name, address, telephone number or withholding status. An employee must immediately report any of the above or other pertinent changes. Failure to report or the intentional withholding of such information may result in disciplinary action. 17.19 AMERICANS WITH DISABILITIES ACT The Americans with Disabilities Act (ADA) provides comprehensive civil rights protection to individuals with disabilities in the areas of em p lo yment, public accommodations, state and local government services and programs, and telecommunications. Title II of the ADA states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subject to discrimination in programs or activities sponsored by a public entity." The City of Yankton has adopted this grievance procedure to provide prompt and equitable resolution of complaints alleging any action prohibited by the U.S. Department of Justice regulations implementing Title II of the ADA. 91 Any individual who believes that he/she or a specific class of individuals with disabilities has been subjected to unlawful discrimination on the basis of that disability by the City of Yankton may, by himself or herself or by an y authorized representative, file a complaint. Complaints should be addressed to the Human Resources Coordinator, City of Yankton, PO Box 176, Yankton, SD 57078, (605) 668-5222, who has been designated to coordinate ADA compliance efforts. 1. A complaint must be filed in writing and contain: the name and address of the individual or representative filing the complaint, a description of the alleged discriminatory action in sufficient detail to inform the entity of the nature and date of the alleged violation, and be signed by the complainant or authorized representative. Complaints filed on behalf of third parties must describe or identify the alleged victims of the discrimination. 2. The complaint must be filed within 180 days after the alleged violation occurs. This time may be extended for good cause shown. 3. The Human Resources Coordinator shall promptly conduct an informal, but thorough, investigation of the complaint. All interested parties shall be afforded an opportunity to submit evidence relevant to the complaint. 4. A written determination of the validity of the complaint and a description of the resolution shall be issued and a copy forwarded to the complainant no later than seven (7) working days after completion of this investigation. The finding shall include: findings of fact and conclusions of law, a description of a remedy for any violation found, and a notice of the rights available to both the entity and the complainant, including the complainant's right to file a private suit. 5. Files and records of all complaints filed shall be maintained. 6. The complainant may request a reconsideration of the complaint in cases where he/she is dissatisfied with the resolution. The request for reconsideration must be made to the City Manager within seven (7) working days of the original finding. 7. Nothing in this grievance procedure shall be construed as preventing an individual from pursuit of other remedies including filing the complaint with any federal agency he/she believes is appropriate or with the U.S. Department of Justice. This procedure also does not preclude the individual's right to file a lawsuit in federal district court. 17.20 TELEPHONE POLICY While personal phone calls are not prohibited, their frequency, duration, and volume should not interfere with on-going work nor distract fellow employees. Excessive personal calls during the work day, regardless of the phone used, can interfere with employee productivity and be distracting to others. Employees are therefore asked to make any other personal calls on non-work time where possible and to ensure that friends and family members are aware of the company's policy. Flexibility will be provided in circumstances demanding immediate attention. Employees are not permitted to make personal long-distance telephone calls using the company's telephones or telephone credit card, except in emergencies. Employees may place personal long-distance calls if they use their personal calling card or call collect. 92 1.Personal Cellular Phones While at work employees are expected to exercise the same discretion in using personal cellular phones as is expected for the use of company phones. The company will not be liable for the loss of personal cellular phones brought into the workplace. 2.Reimbursement for Personal Cellular Phone Expenses If the City Manager and Department Head determine that it is necessary for an employee to carry a cellular phone and if requested by an employee and approved by the Department Head and City Manager, the City may offer a stipend in an amount to be determined by the City Manager for use of a personal cell phone in place of a City issued phone. Reimbursement requests for more than the authorized amount require either a log which identifies individual calls by # of minutes, area code, and phone number OR a copy of the cell phone bill which identifies the calls for which reimbursement is requested. Long distance and roaming charges incurred outside an employee's normal service plan area can be reimbursed at actual costs if actual costs exceed the authorized amount. 3. Use of Company-Provided Cellular Phones If determined necessary by the employee's bepartment Head and the City Manager, the company may issue a business cell phone to an employee for work-related communications. Personal use, long distance and roaming charges incurred outside the normal service plan should be reimbursed at actual costs. Employees in possession of company equipment such as cellular phones are expected to protect the equipment from loss, damage or theft. Upon resignation or termination of employment, or at any time upon request, the employee may be asked to produce the phone for return or inspection. Employees unable to present the phone in good working condition within the time period requested (for example, 24 hours) may be expected to bear the cost of a replacement. Employees who separate from employment with outstanding debts for equipment loss or unauthorized charges will be considered to have left employment on unsatisfactory terms and may be subject to legal action for recovery of the loss. 3. Safety Issues for Cellular Phone Use Employees are expected to refrain from using phones while driving. Safety must come before all other concerns. Regardless of the circumstances, including slow or stopped traffic, employees are strongly encouraged to pull off to the side of the road and safely stop the vehicle before placing or accepting a call. If acceptance of a call is unavoidable and pulling over is not an option, employees are expected to keep the call short, use hands-free options if available, and keep their eyes on the road. Special care should be taken in situations where there is traffic, inclement weather or the employee is driving in an unfamiliar area. 17.21 COMMERCIAL DRIVER'S LICENSE 1. Renewals: The City shall pay no reimbursement for any portion of renewal fees for a CDL. (This includes test fees.) 2. Any employee whose position requires an upgrade in the CDL, the City shall reimburse for any renewal fees for CDL including test fees. This upgrade must be approved by Department Head prior to renewal. 93 3. New Employees/Transfers: All new employees or employees transferring to a position which requires a CDL are required to obtain the CDL at their own expense. 4. Special Cases: Undetermined in nature: to be reimbursed or not reimbursed at discretion of City Manager. 5. Any employee who qualifies for reimbursement under conditions listed above, must complete and submit reimbursement form before payment will be made. 94 APPENDIX A PERSONNEL FORMS SECTION A: PRESENT STATUS ADDRESS & TELEPHONE NAME SOCIAL SECURITY NO. ANNIVERSARY DATE DEPARTMENT NAME & NUMBER RANGE POSITION EMPLOYMENT DATE EMPLOYEE NUMBER ANNUAL BI-WEEKLY HOURLY SECTION B: PROMOTION, DEMOTION, TRANSFER OR NEW HIRE POSITION ANNUAL RANGE BI-WEEKLY HOURLY EFF. DATE HOURLY EFF. DATE SECTION C: MERIT INCREASE POSITION ANNUAL RANGE BI-WEEKLY EFFECTIVE DATE OTHER ACTION (explain) DATE OF NEXT REVIEW APPROVAL Department Head Date City Manager Date COPIES White: City Manager Canary: Employee Pink: Department Head Goldenrod: Finance Application for Employment CITY OF YANKTON P. 0. BOX 176 YANKTON, SD 57078 Qualified applications are considered for all open positions without regard to race, color, religion, sex, national origin, age, marital or veteran status, the presence of a non job related medical condition or disability, or any other legally protected status. All applications must be postmarked within 24 hours after the published closing date. Date of Application Position(s) applying for Name Last First Middle Street City State Address Phone ( ZIP Code Social Security No. ) Area Code Have you ever filed an application here before? Have you ever been employed here before? Are you currently employed? q Yes q Yes q Yes q No q No q No Date Date May we contact your current or most recent employer regarding your qualifications? q Yes q No Are you prevented from lawfully becoming employed in this country because of Visa or Immigration Status? q No (Proof of citizenship or immigration status is required upon employment) q Yes On what date would you be available for work? q Full Time q Part Time q Shift Work Are you available to work: Are you currently on lay-off status and subject to recall? q Yes q No Have you been convicted of a felony within the last seven years? q Temporary q Yes q No If yes, explain. q No Do you claim veteran's preference? q Yes If Yes, attach a copy of DD214 (separation papers). If claiming service connected disability, attach verification from the Department of Veteran's Affairs showing percent of disability. If the position for which you are applying requires a valid South Dakota drivers license, do you possess one? (Please refer to position announcement.) q Yes q No If No, can you obtain one? q Yes q No If the position for which you are applying requires a valid South Dakota commercial drivers license, do you possess one? (Please refer to position announcement.) q Yes q No If No, can you obtain one? q Yes q No Employment Experience List each job held. Start with your Present or Last Job. Include military service assignments and volunteer activities. (You may exclude groups which indicate race, color, sex, national origin, disability, or other protected status.) If you need additional space, please continue on a separate sheet of paper. 1 Dates Employer Work Performea To From Address Hourly Rate/Salary Telephone No. Starting Job Title Final Supervisor Reason for Leaving 2 Work Performed Dates Employer To From Address Hourly Rate/Salary Telephone No. Final Starting Job Title Supervisor Reason for Leaving 3 Work Performed Dates Employer To From Address Hourly Rate/Salary Telephone No. Final Starting Job Title Supervisor Reason for Leaving Work Performed Dates Employer From To Address Hourly Rate/Salary Telephone No. Starting Job Title Final Supervisor Reason for Leaving Summarize special job related skills and qualifications acquired from employment or other experience: Education High School College/University Graduate/Professional School Name: Years Completed: (Circle) 9 Diploma/Degree: (Circle) None 10 11 12 1 2 3 4 1 2 3 4 Diploma GED Describe Course of Study: Describe Specialized Training, Apprenticeship, Skills, and Extra-Curricular Activities: List professional, trade, business or civic activities and offices held. (You may exclude groups which indicate race, color, religion, sex, national origin, age, ancestry, handicap, or other protected status.) REFERENCES: Give name, address and phone number of three personal references not related to you. 1. 2. 3. State any additional information you feel may be helpful to us in considering your application. AGREEMENT I certify that answers given herein are true and complete to the best of my knowledge. I authorize investigation of all statements contained in this application for employment as may be necessary in arriving at an employment decision, and I release the City of Yankton and its representatives and all persons, companies, and corporations supplying such information from any liability which might result from making such investigation. In the event of employment, I understand that false or misleading information given in my application or interview(s) may result in discharge. I understand, also, that I am required to abide by all rules and regulations of the City. I understand this application is not a contract of employment. In the event of employment, I understand I will be subject to a six month probationary employment period where my employment is terminable at will so that both the City of Yankton and I remain free to choose to end our working relationship. I understand that if I am selected for employment with the City of Yankton that I must establish and maintain residency within ten miles of the corporate limits of the City of Yankton at all times during my employment with the City. If residency is not already established, I must establish said residency within 120 days of my employment or face termination or resignation. (Please refer to map in City Manager's office for exact limits.) Signature of Applicant Date For Department Use Only Arrange Interview q Yes q No Date and Time Remarks Interviewer Employed q Yes q No Rate $ Date of Employment Department Job Title Hired by Name/Title REMARKS: Date Date Performance Evaluation Exempt Employee City of Yankton Classification Title Department 3me Evaluation Period Purpose Rating Guide - Achieves Performance Standards: The rating denotes that the employee is meeting stated performance expectations for the performance period - Does Not Achieve Performance Standards: The rating denotes that the employee is not meeting stated expectations for the performance period. Justification Guide hen evaluating your employees under the Individual Performance Factors for either of these ratings, the supervisor should articulate the expectations of employee has either achieved or does not achieve stated expectations. : employee and justify how theee NS Section A: Individual Factors Justification See definitions on pages 3 and 4) 1. Job Knowledge Demonstrated. ■ Ill 2. Quality of Work 3 Quantity of Work - Productivity 4. Leadership -- q 5. Communication Skills q 6. Budget/Fiscal Management I 11 3 3 MOII 7. Decision Making 8. Planning - Organization - Delegation of Resources • 9. Performance Management MI 10. Optional Factor i ii. Optional Factor Personal ick Leave Used: lumber of Hours above that were FMLA Qualified: :omment: _...._ Relative Section B: Specific Work Performance Goals and Recommendations Recommended Training Funeral (State objective and target date for completion) (State course or course type and target date) Section C: Overall Performance (Including status of previous work performance goals and recommendations.) Target Date Target Date Performance Evaluation Exempt Employee I have reviewed this evaluation with and have explained the rating to the employee. Section D: Immediate Supervisor (Supervisor's signature) (Date) (Signature of employee) (Signature does not mean agreement with rating; onlythat employee has seen the rating.) I concur in the rating Section E: q I do not concur and am making a separate report q I have discussed this evaluation with the employee I have reviewed the evaluation I have the following comments: Director (Signature of Director) Section E: City Manager (Title) (Date) I have discussed this evaluation with the employee I have reviewed the evaluation I have the following comments: (Signature of City Manager) (Title) (Date) Exempt Employee Factor Definitions Job Knowledge Demonstrated. There is a certain level of job knowledge required to perform satisfactorily in any given classification. While most employees in a given classification have acquired or should have acquired the necessary job knowledge through education, training, or experience, performance in this factor must ultimately be evaluated on how well employees demonstrated their job knowledge in the performance of their duties. In a particular position an employee should be able to effectively access and apply the knowledge of the techniques, processes, theory, equipment, tools, or other specialized or general knowledge required of the position. Employees should consistently demonstrate a level of knowledge normally expected of an employee with the same level of training and experience. An employee should also understand and comply with the pertinent policies, regulations, and e procedures impacting th performance of his or her job. Quality of Work. A degree of excellence is required in work performance, as poor work has negative consequences for the organization and other employees. The work done by the employee should be effective, accurate, concise, and thorough. Work should not have to be redone. The quality of the employee's work should not reflect adversely on the organization or hinder the efforts and effectiveness of others. Employees should make decisions commensurate with ity the degree of responsibil assigned to their jobs, and they should be consistent and dependable in these areas. Quantity of Work – Productivity. The employee's productivity should be sufficient to make him, or her, a net asset to the organization. Depending upon the nature of the duties assigned, measures of productivity may vary significantly from one position to another. In y some positions, productivit may be measured by simply the quantity of work products produced or services rendered, with examples such as parking tickets processed, documents transcribed, applications processed, inspections conducted, etc. Productivity in other positions may be less measurable quantitatively, but more appropriately evaluated on the basis of ability to meet deadlines or manage multiple tasks, more common in managerial or professional positions. In any case, the employee should be expected to carry his or her part of the load and consistently give you a day's work for a day's pay. 4. Leadership. Leadership can be defined as the process of influencing others to accomplish the mission by providing purpose, direction, and motivation. The employees conduct should contribute positively to the group effort and morale. Employees should willingly accept the responsibilities associated with their duties and carry them out as required. Employees should approach challenges enthusiastically and take pride in their work. Employees should accept change and adapt to new assignments, procedures, personnel and equipment in a cooperative manner. Employees should always conduct themselves in a manner becoming an employee of the City, which presents a consistently good image to all with whom they interact. An employee's effectiveness in this factor is demonstrated by how readily he or she takes ownership of his or her job and responsibilities and through self-motivated involvement in improving the efficiency, productivity, or economy of the organization through his or her work. An employee should approach his or her job In such a way as to maximize the possibility of achieving the desired results. The employee should not be apathetic or passive in the exercise of his or her responsibilities and should not have to be prodded into action by a supervisor. 5. Communication Skills. An employee should be able to effectively communicate with fellow employees, supervisors and the public at a level commensurate with the level satisfactory performance of his or her assigned duties. This should include the ability to effectively communicate knowledge, information, and ides in a clear, concise, and effective manner. Communication skills should also include the ability to be an effective listener. Employee should be responsive to communication with supervisors and willing to initiate communication when necessary to effectively carry out his or her duties and address on-the-job issues and concerns. The language and tone used by the employee should be appropriate to the work environment and under no circumstances disrespectful, unnecessarily harsh, or otherwise inappropriate towards supervisors, fellow employees, or the public. 6. Budget/Fiscal Management. Supervisors should be providing relevant and necessary information that will assist the department in the preparation and development of the annual budget (including CIP where applicable). Supervisors will review current and past budgets, consider anticipated project costs and other applicable department/division needs in order to assist with forecasting future budgetary needs. Supervisors should also monitor budget expenditures so as not to exceed identified budget levels. 7. Decision Making – Problem Solving. A primary supervisory responsibility is to make decisions and resolve problems that arise within the division of the organization for which he or she is held responsible. Supervisory decisions should be consistent with the direction of his or her supervisor and with the overall objectives of the department and must be made assertively. A supervisor should demonstrate the ability to identify problems, obtain necessary information, and formulate and implement appropriate resolutions in a timely manner. In the decision-making and problemsolving pro9cess the supervisor must be responsive to new information and must be able to adjust for unforeseen contingencies in an organized and controlled fashion. Supervisory decisions should reflect an operational understanding of personnel policies and regulations, applicable labor agreements, na and progressive discipli ry procedures. Planning – Organization – Delegation of Resources. A supervisor must demonstrate a clear understanding of the function of and resources available to hi8s or her area of responsibility. He or she should regularly monitor an analyze work, processes in the areas of responsibility to discover and/or anticipate deficiencies or needs, and plan, set realistic goals, and delegate personnel, material, and equipment resources to effectively meet those needs. The supervisor should assign and deploy personnel so manpower utilization is maximized. Tasks should be delegated intelligently and logical priorities set so that the work is accomplished properly and efficiently. Employee vacations and days off should be carefully scheduled to insure that the staffing needs of the organization continue to be met. Schedule problems should be anticipated by the supervisor and accommodated through schedule and work adjustments in a manner which minimizes the disruption of the operation and is consistent with applicable policies and labor agreements. When applicable, the supervisor should budget carefully and accurately so that the needs of the organization are effectively and economically met. The supervisor should log and maintain accurate records and complete required paperwork in a timely and efficient manner. Performance Management. A supervisor is expected to ensure that the performance of his/her subordinate employees contributes to the overall performance of the organization and that their duties are performed in an orderly and disciplined manner. A supervisor must demonstrate the ability to effectively assess the performance of subordinate employees. She/he should identify performance problems and effectively and constructively discuss these problems with the employee as thay are identified to stimulate improvement. Likewise, the supervisors should recognize and reinforce good performance on an ongoing basis. To ensure continued performance growth., the supervisor must set realistic but challenging goals for his/her employees and continually reinforce improvements in service, productivity, and efficiency. When performance deficiencies or needs are identified, the supervisor should provide the guidance, training, and feedback necessary to help the employees overcome the deficiency or satisfy the needs. Formal performance evaluations should be conducted by the supervisor punctually and should be used effectively as a feedback tool to communicate job requirements and expectations, and to provide a realistic, fair, and objective assessment of the employee's job performance and development. When necessary to address performance problems or violations of rules and regulations, discipline should be used in a consistent, fair and objective fashion. Documentation relating to performance and disciplinary action should be relevant, clear, concise, and completed in a timely manner. 10. Optional Factors (10 & 11). Supervisors may select two optional performance factors upon which to evaluate their employees. The factors selected should be essential to the proper performance of the position classification and all incumbents in the same classification must be evaluated using the same identified optional factors. These optional factors were developed to allow supervisors to customize specific performance measures associated with the applicable position classification and to provide more meaningful feedback to the employee(s) regarding their performance. As with the other performance factors (111), the optional factors you select should be measurable in such a way that you can objectively evaluate your employee(s) against the performance factor selected. 4 Performance Evaluation Nonexempt Employee City of Yankton Classification Title Jame Department Evaluation Period Purpose Rating Guide kS - Achieves Performance Standards: The rating denotes that the employee is meeting stated performance expectations for the performance period CS - Does Not Achieve Performance Standards: The rating denotes that the employee is not meeting stated expectations for the performance period. Justification Guide When evaluating your employees under the Individual Performance Factors for either of these ratings, the supervisor should articulate the expectations of the employee and justify how the employee has either achieved or does not achieve stated expectations. Justification AS NS Section A: Individual Factors (See definitions on pages 3 and 4) 1. Dependability/Attendence 2. Job Knowledge Demonstrated 3. Appearance & Habits 4. Safety – 5. Quality of Work 6. Quantity of Work - Productivity 7. Cooperation/Work Relationships/Customer Service q q -1- – . S. Work Habits 9. Attitude/Personality Behavior 10. Communication Skills 11. Flexibility/Adaptability 12. Optional Factor 13. Optional Factor Personal Sick Leave Used: Number of Hours above that were FMLA Qualified: Relative Funeral Comment: Section B: Specific Work Performance Goals and Recommendations Recommended Training (State objective and target date for completion) (State course or course type and target date) Section C: Overall Performance (Including status of previous work performance goals and recommendations.) Target Date Target Date Performance Evaluation Nonexempt Employee I have reviewed this evaluation with Section D: Immediate Supervisor (Supervisor's signature) and have explained the rating to the employee. (Date) (Signature of employee) (Signature does not mean agreement with rating; onlythat employee has seen the rating.) I concur in the rating q Section E: Director/Chief I have discussed this evaluation with the employee I have reviewed the evaluation I have the following comments: (Signature of Director/Chief) Section E: City Manager I do not concur and am making a separate report q (Title) I have discussed this evaluation with the employee I have reviewed the evaluation I have the following comments: (Signature of City Manager) 0 0 (Title) (Date) q a (Date) Nonexempt Employee Factor Definitions Dependability/Attendance. All employees should perform in such a way that they can be relied upon to be working when and where they are supposed to be and to be carrying out their job assignments in an effective, consistent, and dependable manner. Employees should meet deadlines. If a deadline is not met, the employee should have shown an honest effort to meet the deadline, and where applicable, should have given an advance warning that the deadline would not be met. Employees should be punctual in reporting for work and should not abuse coffee or lunch breaks. Excessive or abusive use of sick leave by an employee should be considered a dependability problem and therefore should be addressed in association with this factor. Job Knowledge Demonstrated. There is a certain level of job knowledge required to perform satisfactorily in any given classification. While most employees in a given classification have acquired or should have acquired the necessary job knowledge through education, training, or experience, performance in this factor must ultimately be evaluated on how well employees demonstrated their job knowledge in the performance of their duties. In a particular position an employee should be able to effectively access and apply the knowledge of the techniques, processes, theory, equipment, tools, or other specialized or general knowledge required of the position. Employees should consistently demonstrate a level of knowledge normally expected of an employee with the same level of training and experience. An employee should also understand and comply with the pertinent policies, regulations, and procedures impacting the performance of his or her job. 3. Appearance & Habits. Each employee is expected to dress appropriately for his or her described position. Attire worn by employee should be consistent with job function. An employee's apparel should not be vulgar or offensive in any shape or form. The employee should display habits that are expected in a professional environment. They should not exhibit habits that are offensive, inappropriate, or of poor taste. 4. Safety. There is safety factors connected with all positions. Employees should consistently comply with reasonable safety practices, particularly in situations involving the public. They should follow specific directives on safety and use safety equipment provided for the job. They should demonstrate forethought for potentially dangerous situations and notify management immediately when hazardous or dangerous conditions arise or are identified in the work place. Employees should not take unnecessary risks which would endanger their safety or the safety of others. Employees should try to prevent accidents. Any accidents which the employee experiences during the performance period, including personal injuries, vehicular accidents or violations, property damage or loss, etc., should be considered and recorded narratively as part of this factor. 5. Quality of Work. A degree of excellence is required in work performance, as poor work has negative consequences for the organization and other employees. The work done by the employee should be effective, accurate, concise, and thorough. Work should not have to be redone. The quality of the employee's work should not reflect adversely on the organization or hinder the efforts and effectiveness of others. Employees should make decisions commensurate with the degree of responsibility assigned to their jobs, and they should be consistent and dependable in these areas. 6. Quantity of Work — Productivity. The employee's productivity should be sufficient to make him, or her, a net asset to the organization. Depending upon the nature of the duties assigned, measures of productivity may vary significantly from one position to another. In some positions, productivity may be measured by simply the quantity of work products produced or services rendered, with examples such as parking tickets processed, documents transcribed, applications processed, inspections conducted, etc. Productivity in other positions may be less measurable quantitatively, but more appropriately evaluated on the basis of ability to meet deadlines or manage multiple tasks, more common in managerial or professional positions. In any case, the employee should be expected to carry his or her part of the load and consistently give you a day's work for a day's pay. 7. Cooperation/Work Relationships/Customer Service. A primary function of every employee is to provide customer service to the variety of customers served by the City, which may include citizens of the community, other government agencies, local businesses and organizations, departments within the City, and even other municipal employees on an individual basis. Every reasonable effort should be made by employees to satisfy a customers needs, either through personal assistance or, when necessary, through accurate referrals to the appropriate person or department. The employee's conduct with supervisors, fellow employees, and the public should be cooperative, courteous, and nondisruptive to the operation and should contribute positively to the group effort and morale. Employees should always conduct themselves in a manner becoming an employee of the city, which presents a consistently good image to all with whom they interact. Work Habits. An employee's effectiveness in this factor is demonstrated by how readily he or she takes ownership of his or her job and responsibilities and through self-motivated involvement in improving the efficiency, productivity, or economy of the organization through his or her work. An employee should approach his or her job in such a way as to maximize the possibility of achieving the desired results. The employee should not be apathetic or passive in the exercise of his or her responsibilities and should not have to be prodded into action by a supervisor. An employee should plan and organize his or her work so that duties are performed in an efficient and effective manner. The employee's work areas and tools should be maintained in an orderly and organized fashion in order to contribute to a good work environment and a suitable public image. The employee should coordinate his or her activities so that other employees or work processes are not being held up by the employee. He or she should be alert and practical and not have to rely on others to commence activities. Attitude/Personality Behavior. This factor is used to determine the employee's disposition. The employee should be even tempered and able to absorb routine pressures of their job. They should be conscientious of others feelings and rights. They consider the ease and comfort of others and are always polite. The employee is a self starter and will generally volunteer for additional duties. This individual contributes, cooperates, and works toward department goals. They maintain a positive attitude about work in general and show a willingness to share responsibilities. The employee displays team spirit and often is seen as a motivator for others. They are able to accept construct criticism well. 10. Communication Skills. An employee should be able to effectively communicate with fellow employees, supervisors and the public at a level commensurate with the level satisfactory performance of his or her assigned duties. This should include the ability to effectively communicate knowledge, information, and ides in a clear, concise, and effective manner. Communication skills should also include the ability to be an effective listener. Employee should be responsive to communication with supervisors and willing to initiate communication when necessary to effectively carry out his or her duties and address on-the-job issues and concerns. The language and tone used by the employee should be appropriate to the work environment and under no circumstances disrespectful, unnecessarily harsh, or otherwise inappropriate towards supervisors, fellow employees, or the public. 11. Flexibility/Adaptability. The employee's flexibility/adaptability allows them to perform consistently and effectively under abnormal pressures. They can tolerate pressure and tension without hindering performance. They have the ability to adjust to new situations and will seek help when needed. This employee participates in training and utilizes new ideas to improve the work environment. They are able to take calculated and well thought out risks in addressing or implementing new ideas, approaches, or solutions to problems for the long term benefit of the city. A willingness to accept change and to formulate creative approaches to work operations and methods is a quality of this person. They also follow oral or written instructions easily. 12. Optional Factors (12 & 13). Supervisors may select two optional performance factors upon which to evaluate their employees. The factors selected should be essential to the proper performance of the position classification and all incumbents in the same classification must be evaluated using the same identified optional factors. These optional factors were developed to allow supervisors to customize specific performance measures associated with the applicable position classification and to provide more meaningful feedback to the employee(s) regarding their performance. As with the other performance factors (1-11), the optional factors you select should be measurable in such a way that you can objectively evaluate your employee(s) against the performance factor selected. 4 CITY OF YANKTON VACATION LEAVE REOUEST I request the day(s) listed below be granted to me as accumulative vacation time- VACATION DATE(S): List each day absent due to vacation Employee Signature: Date of this Request: Department: Department Head Signature & Date: NOTE: This vacation leave request is to be filled out by ALL employees and should be filed by the Department Head in your respective departments. CITY OF YANKTON SICK LEAVE REPORT I declare that I was absent from work because of the following described condition and request that sick leave be granted for the time lost: Personal illness or off-the-job injury: (nature) Illness in immediate family: (person & reason) Death/Funeral of immediate family: (relation) (Maximum of five days, ten for spouse) DATES ABSENT FROM WORK: .'p Employee's signature *Physician's Report: Physician's signature *Physicians Report stating nature of disability and employee's ability to resume duties, required only when sick leave extends beyond three (3) consecutive calendar days. To: City Manager From: Date: (Department) was absent from work due to the above described hour(s) sick leave if the records show the time is condition and should be granted accumulated and not previously used. Department Head Approved: City Manager CITY OF YANKTON LEAVE OF ABSENCE REQUEST I request the day(s) listed below be granted to me as leave of absence. Leave of Absence Date(s): From To month-day-year month-day-year I am requesting this leave of absence with/without pay (cross one out) for (explain): Employee's signature Date of request To: City Manager Date: From: Department should be granted from as time for leave of absence to month-day-year month-day-year with/without (cross one out) pay as per the employee's request. Approved, Supervisor Approved, Department Head CITY OF YANKTON MILITARY LEAVE - PAYROLL STATEMENT lease L Route one co v to Finance Department 2 Social Security Number 1 Employee Name 4 Military Rank 5 Military Organization 6 Number of Days on Active Duty Z Location of Active Duty 7 Dates of Active Duty TO • FROM 9 Gross Military Pay Received for Summer Camp S Comments: 1Company der'sSignatu 10 Employee Signature City Payroll Section Only Total Military Gross ÷ No. of Days Active Duty = Daily Rate Total City Gross = No. of Days x Daily Rate = Gross Pay From City 3 Service Number CITY OF YANKTON FAMILY AND MEDICAL LEAVE REQUEST I request Family or Medical Leave for the purpose marked below: Adoption of child. Birth of child. Care of a spouse, child or parent with a serious medical condition. Condition: Person: Certification by Health Care Provider is required after seven (7) consecutive days or fifty-six (56) hours total absence. An employee's own serious health condition: Certification by Health Care Provider is required after seven (7) consecutive days or fifty-six (56) hours total absence. This leave is expected to be Continuous for a period of days/weeks. Intermittent. Explain: I request this leave be with/without pay as indicated below. All sick and vacation leave and/or compensatory time accumulated must be exhausted before taking more than twenty (20) hours of family or medical leave without pay. However, sick leave shall only be approved if in compliance with Sick Leave policy. Number in order to be used. With pay using sick leave. With pay using vacation leave. With pay using compensatory time accumulated. Without pay. Employee's Name (Print) Department Employee's Signature Approved, Department Head Date Approved, City Manager City of Yankton Exit Interview Name Department Job Title Employment Date to What is the main reason you are leaving the city of Yankton employment? Family pressures Incompatable schedule Medical problems Unhappy with supervisor New job/ better working conditions New job/ better benefits Unhappy with shift work Unhappy with advancement Temporary employment opportunities Not suited for the type of work Other(state under comments) Comments 1. When you were first hired by the city, were the duties and responsibilities of the job clearly explained to you? Comments No Yes 2. If you had a problem or complaint, did you feel free to talk to your supervisor(s)? Yes No Comments 3. Did your employment with the city provide adequate promotional opportunities? Yes No Comments 4. Were the duties you performed on the job those for which you were hired? Comments Yes No 5. Were your instructions given in a clear manner? Comments Yes No 6. Did you receive adequate on the job training and supervision to help you become better at your work? Comments No Yes 7. Was your training adequate? Comments No Yes 8. Did you experience any harassment or discrimination during your employment? No Comments Yes 9. Evaluate your pay and benefits. Please rate the City on each of the following points by the use of excellent, good, fair, or poor. Fair and equal treatment by management Comments Development of cooperation and teamwork Comments Resolving complaints and problems Comments City communications with employees Comments • Interdepartmental communications Comments Rate of pay and benefits for the job Comments Providing adequate opportunity for personal growth Providing overall service to citizens Supervisors response to employees City Manager response to employees Comments Comments Comments City Commission response to employees Other Comments Comments Comments Please provide overall comments regarding your employment Employee Signature Date Department Head Comments Signature Date Vendor # (For Finance Use Only) CITY OF YANKTON TRAVEL REQUEST / TRAVEL ADVANCE REQUISITION TO: CITY MANAGER DATE: FROM: Requisitioning Department Purpose / Title of Workshop* Dates Location Attended by Account No. Paid by PO / Visa Estimated Costs Travel Advance Total $ Lodging Meals Transportation Registration Other TOTAL Travel advance requested YES NO $ Approved by Department Head City Manager Advance Received by *If brochure is available, attach a copy Routing: 1. Submit to City Manager for approval 2. After approval, City Manager's office will route form to HR (HR will Xerox 2 copies: HR file & Department Head) 3. HR will return a copy to Department Head with any attached brochures 4. HR will send original form to Finance for travel advance / PO processing JL-Word-Memo-Travel Request EMPLOYEE TRAINING RECORD Employee Name Department Training Organization Course Title Course Description Date of Training Instructor Credit Hours/CEU's Earned Grade Cost Certificate of Completion Certificate Expiration Date **After completion of training, please forward form to Human Resources for filing in the employee's personnel file. CITY OF YANKTON TRAVEL EXPENSE VOUCHER Account # Department ate Lodging Meals Transportation Receipts for all major expenses ust accompany this form. Other Total Expenses Less: Advance (if any) Refund/Reimbursement ignatures: Total Yankton Drug- and Alcohol-Free Workplace Plan Testing and Release of Information • Authorization Form Photo ID \ Required and urinalysis controlled substances testing and the release Submission for breath or blood of test results and related medical information. . agree to submit to evidential breath and/or urinalysis controlled substance testing to identify the presence of alcohol and/or controlled substances in my body, to be conducted by a DHHS certified testing laboratory, by a ficensed medical provider, certified technicians, or other legally certified and qualified personnel Furthermore I authorize the release of the results of these tests and examination to the City of Yankton or any of its authorized representatives I understand that I I refuse to submit to this required alcohol and/or controlled sudstance testing, the testing wniM not be conducted. Furthermore, I understand that such a refusal to submit to required testing would represent a violation of the City's Drug and Alcohol-Free Workplace Plan and would results in disciplinary action up to and including termination of my employment • Name: Social Security No.: Date of Birth: Witness: Date: Tests to be Conducted (to be completed by supervisor, Human Resources, or designated department staff). Pleased 'X' each category and specific test to be conducted. • L q Non-DOT Testing 1. Random (5 panel only) ' 2 Random (s-p anel & Ern Reasonable Suspicion (5-panel & 3. 4. Post Accident (5-panel & DEBT ) Returns to Work (5-panel & DEBT) 5. p 6. Follow-u (5-panel & DEBT ) DEBT) . Original to Clinic , copy to Human Resources Date: City of Yankton Verification of Driver's License Employee's Full Name: Date of Birth: Social Security Number: Issuing Authority: State of Driver's License Number: Expiration Date: Commercial Driver's License Operator License Name of automobile liability insurance company **This form will be reviewed and updated annually. APPENDIX B CHAIN OF COMMAND Organization Structure for the City of Yankton Citizens of Yankton City Commission Airport Board PDepanning Commission Cemetery Fox Run Pro/Manager GoDepf GoDepf Maintenance City Attorney I Summit Activities Center I Airport Engineering Suppression Contracted Services Library Board Economic Development Dent Library Community Development PubDepic Works Department Fire Department Recreation Housing Commission Housing Finance Department Fox Run God Course Board Park Board Joint Powers Parks and Recreation Parks Finance Officer City Manager Advisory Boards Utili ties I Planning Property Mangemt Inspections Streets VoDepunteers I I AnimaDep ControDep I CentraDep Garage Solid Waste Transfer Station inspection I FaciDepities I Maintenance Water Dist Wastewater Collection Water/ Wastewater Treatment Information Services City of Yankton Employee Chain of Command Employees shall report to the next higher person along the chain of command. The following chart includes examples with various levels of employees. Skip those steps which do not apply to your department or division. Each department shall develop a chain of command document for all positions within that department and make it available to all employees. City Manager Department Heads Assistant Chief— Deputy Finance Officer Superintendent Sergeant — Department/Division Superintendent 1' Senior Position Titles Other Employees APPENDIX C COMMISSION PERSONNEL ACTIONS AND RESOLUTIONS RESOLUTION # 06-78 A Resolution Establishing Base Salary Adjustments at 3% for All City Employees of the City of Yankton, South Dakota WHEREAS, adequate monies have been provided for in the adopted 2007 budget, for the remuneration of services rendered by City of Yankton by all City employees; and WHEREAS, the City Commission wishes to provide a base adjustment for all City employees of 3%; and NOW, THEREFORE, BE IT RESOLVED by the Board of City Commissioners that the City Manager implement a base adjustment of 3% for all regular full-time and regular part-time employees on January 1, 2007. Adopted: //- Mayor CurtBenad ATTEST: Al Viereck Finance Officer Memorandum #03-97 To: From: Date: Subject: Board of City Commissioners P. Eric Swanson, City Manager July 8, 2003 Resolution #03-38, a Resolution adopting a ten year Step Pay Plan, amending Sections 5.1, 5.10, and 14.5.5 of the Uniform Personnel Rules and Regulations Manual for the City of Yankton, South Dakota, and replacing the Employee Performance Evaluation in Appendix A of the manual. The City of Yankton salary subcommittee (Mayor C. N. Gross, Commissioners Terrance Crandall and Dave Dickinson, City Manager Eric Swanson, Finance Officer Al Viereck, and Human Resource Director Sue Berke) have had several meetings, to formulate a new payroll plan and develop new employee evaluation forms. Police detective Gretchen Slate and Senior Engineering Tech Bad Moser have also spent considerable time gathering input from other communities to give the committee some ideas that have been adopted by other municipalities. From this information a ten year "STEP" Plan has been formulated that would address the issue of moving employees within the pay range established for their position. The committee is recommending that those employees who are currently paid below their surveyed midpoint and below their corresponding yearly "step" may be given annual step increases based on their years of service at their current position. By adopting Resolution #03-38 the Commission is implementing a ten year Step Pay Plan to be used as a guideline only. Each year the Commission would have the option of first determining the fiscal ability to approve these step increases and also the maximum % increase allowed in that respective year. The ability and the rate would then both be established by the Commission by resolution. The attached table establishes where in their respective range each employee currently is compensated and how much they may be entitled to in a step increase if they are not at the midpoint of their range and also not at their corresponding step. From this table the committee is g recommendin that the maximum increase allowed for the calendar year 2003 would be 2% or a lesser % depending on the corresponding step for individual employees in their ranges. The step increase would be dependant upon the employee receiving a "favorable" evaluation, and would be applied retroactively for any qualifying employee whose position anniversary has already passed. The 2003 expenditure total including benefits (FICA and retirement) for all the qualified employees would amount to approximately $44,722 and would be transferred out of the contingency fund to each respective department by a late year "Contingency Transfer Resolution". Approving Resolution #03-38 would also amend Sections 5.1, 5.10, and 14.5.5 of the Uniform Personnel Rules and Regulations Manual for the City of Yankton, South Dakota and it would replace the current Employee Performance Evaluation in Appendix-A with the attached Performance Evaluation Forms. Performance evaluations are a written guide to assist the employee and their Department Head in identifying satisfactory performance as well as any performance that needs improvement. The new forms are simple, easy to use, and 07/08/03 MEMORANDUM Iflii-y / straightforward in getting an evaluation of someone's overall performance. The ctor shall meet with the employee to discuss the evaluation within 30 days prior to supervisor/dire the employee's anniversary date. The evaluation shall then be forwarded to the City Manager for his review and placed in the employee's personnel file. If the employee has completed a period of twelve months in a position, has a favorable performance evaluation, and is qualified to receive a possible step increase, a Personnel Action Report (PAR) form will be prepared to reflect a salary increase, and if approved by the City Manager, shall be effective on the first day of the pay period indicated. It is recommended that the City Commission adopt Resolution #03-38. 4 1 RESOLUTION #03-38 WHEREAS, it is recognized that the City of Yankton should make all efforts to attract and retain qualified employees who will perform the municipal services most efficiently for the City, and, WHEREAS, the City Manager and the City Commission have determined that it is desirable that a uniform process be developed to establish comparable compensation with similar private and public organizations; and, WHEREAS, the City Commission when fiscally possible, wishes to reward continued exemplary service by its employees; and, WHEREAS, the City Commission wishes to implement a ten year "Step" pay plan to be used as a guideline to move employees to the midpoint of compensation for their respective salary ranges; and, WHEREAS, the City Commission wishes to annually adopt a maximum salary increase to be awarded to any City employee on their position anniversary date who is currently below the midpoint of their respective salary range and their corresponding "Step" as determined by their years of service at their current position, NOW, THEREFORE, BE IT RESOLVED by the City Commission of Yankton, South Dakota, that a ten year "Step" pay plan be adopted as an annual guideline and that the maximum increase for the calendar year 2003 be set at 2.0% or a lesser % that brings the individual employee to their corresponding years of service "Step", and NOW, THEREFORE, BE IT FURTHER RESOLVED, by the City Commission of Yankton, South Dakota, that Section 5.1 third paragraph, last sentence be deleted. Section 5.10 shall be re-titled STEP PAY PLAN SALARY INCREASES and that it shall be replaced and amended to read: The City Commission, when fiscally possible, wishes to reward continued favorable service by its employees and has implemented a ten year Step plan to be used as a guideline for annual adjustments to individual salaries based on the economic ability to afford these increases within the annual budget. The goal of the ten year Step Pay Plan is to bring employees up to their respective yearly step amount and eventually up to the midpoint of their respective salary range as established by a rn-annual salary study of similar positions. An annual resolution will be required to be passed by the City Commission to implement any yearly step increases and the maximum yearly % that will be allowed to any individual that is currently below the midpoint of their salary range and below their corresponding yearly step. 07/09/03 RESOLUTION #03 -38 After an employee has satisfactorily completed a period of twelve (12) months in a position, the employees rate of pay may be increased to the recommended corresponding step increase. The Department Head shall certify at least fifteen (15) days prior to the effective date of the increase that the employee's services have been satisfactory. This certification shall be made on the Personal Action Report (PAR) form (See Appendix A) and, Rif approved by the City Manager shall be effective on the first day of the pay period indicated. Section 14.5.5 be re-titled DENIAL OR DELAY OF STEP INCREASE and that it shall be replaced and amended to read: On notification to and approval by the City Manager in writing, a Department Head may, as a form of disciplinary action (See Section 14.2), delay a step increase for an indefinite period of time, or deny a step increase when in their opinion it is not warranted. A report on the reason for delay or denial of a step increase shall be forwarded to the City Manager to be filed in the employee's personnel file. Infraction, violation of or noncompliance with any provision, requirement, policy or regulation set forth in this manual or as later amended may be cause for delay or denial of a step increase. Infraction, violation of or noncompliance with any provision, requirement, policy or regulation of the employee's department may also be cause for delay or denial of a step increase. APPENDIX A-Personnel Forms; the current Employee Performance Evaluation be replaced with the attached Performance Evaluation forms. Adopted: C. N. Gross, Mayor ATTEST: Al Viereck, Finance Officer CITY OF YANKTON 2007 SALARY RANGE PER JOB CLASS (Salary Range Order) JOB CLASS TITLE RANGE 1 2 3 4 5 6 7 8 9 MINIMUM 16,638 17,053 17,481 17S917 18,365 18,824 19,296 19,778 20,271 MIDPOINT 19,575 20,064 20,565 21,079 21,606 22,146 22,699 23,266 23,849 MAXIMUM 22,509 23,073 23,649 24,240 24,846 25,468 26,105 26,757 27,425 Custodian Library Aide 10 10 20,778 20,778 24,445 24,445 28,112 28,112 Asst Golf Pro/Asst Clubhouse Mgr 11 21S297 25,055 28,814 12 13 21,831 22,375 25,683 26,324 29,536 30,274 14 22,935 26,984 31,030 15 23S508 27,656 31S806 Library Assistant 16 24,096 28,349 32,600 Animal Control Officer 17 24,699 29,058 33,416 Office Specialist Police Records Clerk 18 18 25,316 25,316 29,784 29,784 34,251 34,251 Equipment Operator Sanitation/Truck Operator Bldg Mntc/Custodian Transfer Station Attendant 19 19 19 19 25,950 25,950 25,950 25,950 30,528 30S528 30,528 30,528 35,108 35S108 35,108 35,108 Dispatcher 20 26,597 31,292 35,985 Secretary Grounds Mntc Worker Grounds Mntc Worker/Building Attendant 21 21 21 27,264 27,264 27,264 32,074 32,074 32,074 36,884 36S884 36,884 SALARY RANGE PER JOB CLASS (Salary Range Order) JOB CLASS TITLE Acctg Clerk Utility Customer Service Clerk Admin. Secretary Municipal Records Clerk Jailer RANGE 22 22 22 22 22 MINIMUM 27S944 27,944 27,944 27,944 27,944 MIDPOINT 32S876 32,876 32,876 32,876 32,876 MAXIMUM 37,807 37,807 37,807 37,807 37,807 Sr. Equipment Operator Cemetery Mntc Worker Sr. Sanitation/Truck Operator Transfer Station Supervisor Transfer Station Truck Operator 23 23 23 23 23 28S643 28,643 28,643 28,643 28,643 33S698 33S698 33,698 33,698 33,698 38,752 38,752 38,752 38,752 38,752 Utilities Mntc Worker Water Plant Operator 24 24 29S359 29,359 34S540 34S540 39,721 39,721 Sr. Grounds Mntc Worker Fleet Mechanic Meter Technician WW Technician WW Plant Operator 25 25 25 25 25 30,093 30,093 30,093 30S093 30,093 35,403 35,403 35,403 35,403 35,403 40,715 40,715 Water 40,715 40,715 40,715 Asst. Systems Mgr Bldg Mntc/Custodial Supervisor Sr. Library Assistant 26 26 26 30,846 30,846 30S846 36,288 36,288 36S288 41,732 41,732 41,732 Police Officer Engineering Tech 27 27 31,617 31,617 37,195 37,195 42,775 42,775 Computer Operator K-9 Officer Urban Forestry Specialist Recreation Coordinator 28 28 28 28 32,407 32,407 32,407 32,407 38S125 38S125 38,125 38,125 43,846 43,846 43,846 43,846 Sr. Water Plant Operator 29 33,216 39,079 44,942 Lead Sr. Equipment Operator Sr. WW Plant Operator Airport Mntc/Signal Technician Librarian 30 30 30 30 34S048 34,048 34,048 34,048 40,056 40,056 40,056 40,056 46,064 46,064 46,064 46,064 Systems Manager 31 31 34,899 34S899 41,057 41,057 47,216 47,216 WW Lab Tech/Plant Operator SALARY RANGE PER JOB CLASS (Salary Range Order) JOB CLASS TITLE Lead Jailer RANGE 32 MINIMUM 35S771 MIDPOINT 42,084 MAXIMUM 48,396 Police Corporal Police Detective Sr. Engineering Tech 33 33 33 36S666 36,666 36,666 43,135 43,135 43S135 49S605 49,605 49,605 Building Inspector/Engr Tech 34 37,583 44,215 50,846 Fleet Supervisor 35 38,521 45,320 52,118 Deputy Finance Officer Police Sgt. Recreation Superintendent/Facilities Mgr Street Supervisor Water Plant Supervisor Building Official HR Coordinator 36 36 36 36 36 36 36 39,485 39,485 39S485 39,485 39,485 39,485 39,485 46,453 46,453 46,453 46,453 46,453 46,453 46,453 53,419 53,419 53,419 53,419 53,419 53,419 53,419 Sr. WW Lab Tech 37 40,472 47,614 54,756 Fire Marshall/Deputy Fire Chief WW Plant Supervisor 38 38 41,483 41S483 48,804 48,804 56,124 56S124 Golf Course Pro/Mgr* Golf Course Superintendent 39 39 42,520 42S520 50,025 50,025 57,527 57,527 40 43,584 51,274 58,966 Water Distr/WW Collection Superintendent Water Plant Superintendent Library Director WW Plant Superintendent 41 41 41 41 44,674 44S674 44,674 44,674 52,557 52S557 52,557 52S557 60,441 60S441 60,441 60,441 Police Lieutenant Parks Superintendent 42 42 45,789 45,789 53,871 53,871 61,952 61S952 DirectorS Housing and Redevelopment 43 46,935 55S216 63S500 SALARY RANGE PER JOB CLASS (Salary Range Order) RANGE 44 44 44 44 44 MINIMUM 48,108 48,108 48,108 48S108 48S108 MIDPOINT 56,598 56,598 56,598 56,598 56,598 MAXIMUM 65,087 65,087 65,087 65,087 65,087 45 49S311 58,012 66,714 Fire Chief Civil Engineer 46 46 50,543 50,543 59,463 59S463 68S382 68,382 Director, Parks & Recreation 47 48 49 51,807 53,102 54S430 60S949 62,474 64,035 70,092 71S844 73,642 Police Chief 50 55,791 65,636 75,482 Finance Officer 51 57,186 67,276 77,369 City Engineer 52 53 54 55 56 57 58,615 60,081 61,583 63,123 64,700 66,319 68,959 70,683 72,449 74,261 76,118 78,021 79,303 81,285 83,317 85,401 87,534 89,723 Director, Public Works 58 67,975 79,971 91,966 59 60 61 69,675 71,417 73,202 81,971 84,020 86,120 94,266 96,623 99,038 62 75,023 88,274 101,514 63 64 65 66 76,908 78,831 80,802 82,822 90,481 92,742 95,061 97,437 104,052 106,654 109,319 112,052 JOB CLASS TITLE Asst. Police Chief Utilities Director Streets Superintendent/PW Mgr Community Development Director Info Svcs Mgr/Spec Projects City Manager *Golf Pro/Mgr's salary is supplemented by contract incentives Jan-07 Step Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 2007 Minimum Midpoint Maximum 19,575 16,638 22,509 17,053 20,064 23,073 20,565 17,481 23,649 21,079 24,240 17,917 24,846 21,606 18,365 22,146 25,468 18,824 22,699 26,105 19,296 23,266 26,757 19S778 23,849 27,425 20,271 20,778 24,445 28,112 25,055 28,814 21,297 21,831 25,683 29,536 22,375 26,324 30,274 22,935 26,984 31,030 23,508 27,656 31,806 24S096 28S349 32S600 24,699 29,058 33,416 25,316 29,784 34,251 25,950 30,528 35,108 26S597 31S292 35,985 27,264 32,074 36,884 27,944 32,876 37,807 28,643 33,698 38,752 29S359 34S540 39S721 30,093 35,403 40,715 30,846 36,288 41,732 31S617 37S195 42,775 32,407 38,125 43S846 33,216 39,079 44,942 34,048 40,056 46,064 34,899 41,057 47,216 35S771 42S084 48,396 36,666 43,135 49,605 37,583 44,215 50,846 38,521 45,320 52,118 39,485 46,453 53S419 40,472 47,614 54,756 41,483 48,804 56,124 42,520 50,025 57,527 51,274 43,584 58,966 Step Step Step Year Year Year Year 1 2 3 4 1.01765 1.03530 1.05295 1.07060 16,932 17,354 17,789 18,233 18,689 19,156 19,636 20,127 20S629 21,145 21,673 22,216 22,770 23,340 23,923 24S522 25,135 25,763 26,408 27S067 27,745 28,437 29,149 29S877 30,624 31,390 32,175 32S979 33,803 34,648 35,515 36,402 37,313 38,246 39,201 40,182 41,186 42,215 43,271 44,353 17,226 17,655 18,098 18,549 19,014 19,488 19,977 20,477 20,987 21,512 22,049 22S601 23,164 23,745 24,338 24,947 25,571 26,210 26,866 27,536 28,226 28,931 29,654 30S395 31,155 31,935 32,733 33,551 34,389 35,249 36,130 37,034 37,960 38,909 39,881 40,879 41,901 42,947 44,021 45,122 17,519 17,956 18,406 18,865 19,338 19,821 20,317 20,826 21,344 21,879 22,425 22,987 23,559 24,150 24,753 25,372 26,006 26,656 27,324 28,006 28,707 29,424 30,160 30S913 31,686 32,479 33,291 34S123 34,975 35,850 36,746 37,665 38,607 39,573 40,561 41,576 42S615 43,680 44,772 45,892 17,813 18,257 18,715 19,182 19,662 20,153 20,658 21,175 21,702 22,245 22,801 23S372 23,954 24,555 25,168 25,798 26,442 27,103 27,782 28,475 29,189 29,917 30,666 31S431 32,217 33,024 33,849 34S695 35,562 36,451 37,362 38,296 39,254 40,236 41,241 42,272 43S329 44,412 45,522 46S661 Step Step Step Step Step Year Year Year Year Year Year 5 6 7 8 9 10 1.08825 1.10590 1.12355 1.14120 1.15885 1.17650 Step 18,107 18,558 19,023 19S498 19,986 20,485 20,998 21S524 22,060 22,612 23,176 23S757 24,349 24,959 25,583 26,223 26,878 27,550 28,240 28,945 29,670 30,410 31,171 31,950 32S748 33,568 34,407 35S267 36,148 37,052 37,978 38S928 39,901 40,899 41,921 42,969 44,044 45,144 46,273 47,430 18,400 18,859 19,332 19,814 20,310 20,817 21,339 21S873 22,418 22,979 23,552 24,143 24,744 25,364 25,998 26,648 27,314 27,997 28,698 29,414 30,151 30,903 31,677 32,468 33,279 34,112 34,965 35S839 36,734 37,653 38,594 39S559 40,548 41,563 42,601 43,666 44,758 45,876 47,023 48,199 18,694 19,160 19S640 20S130 20,634 21,150 21,680 22,222 22,776 23,346 23,928 24,528 25,139 25,769 26,413 27S073 27,750 28,444 29,156 29,883 30,632 31,397 32,182 32S986 33,811 34,657 35,523 36S411 37,320 38,254 39,210 40,190 41,196 42,226 43,281 44S363 45,472 46,608 47,774 48,969 18,988 19,461 19,949 20S446 20,958 21,482 22,020 22,571 23,133 23,712 24,304 24S913 25,534 26,174 26,828 27S499 28,186 28,891 29,614 30S353 31,114 31,890 32,688 33S504 34,342 35,201 36,081 36S983 37,907 38,855 39,826 40S822 41,843 42,889 43,961 45,060 46,187 47,341 48,524 49,738 19,281 19,762 20,257 20S763 21,283 21,814 22,361 22S920 23,491 24,079 24,680 25S298 25,929 26,579 27S243 27,924 28,622 29,337 30S072 30S822 31,595 32,383 33,193 34,022 34,873 35,746 36,639 37,554 38,493 39,456 40,442 41S453 42,490 43,553 44,640 45,757 46,901 48,073 49,275 50S507 19,575 20,064 20,565 21,079 21,606 22,146 22,699 23S266 23,849 24,445 25,055 25S683 26,324 26,984 27S656 28S349 29,058 29,784 30S528 31,292 32,074 32,876 33,698 34,540 35,403 36,288 37,195 38S125 39,079 40,056 41,057 42,084 43,135 44,215 45,320 46,453 47,614 48,804 50,025 51S274 Range Minimum 41 42 43 44 45 46 47 44,674 45,789 46,935 48,108 49,311 50,543 51,807 48 53,102 54,430 55,791 57,186 58,615 60,081 61,583 63S123 64,700 66,319 67,975 69,675 71,417 73,202 75,032 76,908 78,831 80,802 82,822 84,892 87,014 89,190 91S419 93,705 96,048 98,448 100,911 103,434 106,018 108,669 111,386 114,171 117,025 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 2007 Midpoint Maximum 52,557 60,441 53,871 61,952 55,216 63,500 56,598 65,087 58,012 66,714 59,463 68,382 60,949 70,092 Step Step Step Step Step Step Step Step Step Step Year Year Year Year Year Year Year Year Year Year 9 10 1.15885 1.17650 51,770 53,062 54,390 55,750 57,144 58,572 60,037 61,537 63,076 64,653 66S270 67,926 69,625 71,365 73S150 74,978 76S854 78,773 80S742 82,761 84,831 86,951 89S125 91,353 93,637 95,979 98S377 100,836 103,357 105,941 108,590 111,306 114,087 116,941 119S865 122,860 125,931 129,080 132,307 135,614 52,557 53,871 55,216 56,598 58,012 59,463 60,949 62,474 64,035 65,636 67S276 68,959 70,683 72S449 74S261 76,118 78,021 79S971 81S971 84,020 86,120 88,274 90S481 92,742 95,061 97,437 99S873 102,369 104,929 107,553 110,242 112,997 115,823 118,718 121S687 124S728 127,846 131,043 134,318 137,676 1 2 3 4 5 6 7 1.01765 1.03530 1.05295 1.07060 1.08825 1.10590 1.12355 8 1.14120 46,251 47,405 48,592 49,807 51,052 52,327 53S636 54,976 56,351 57,760 59,205 60S684 62,202 63,757 65,351 66,984 68,660 70,375 72S134 73,938 75,787 77,681 79,623 81,614 83,654 85,746 87S889 90,086 92,338 94,646 97S012 99,439 101,924 104,473 107S086 109,761 112,505 115,318 118,201 121,156 47,039 48,213 49,420 50,656 51,922 53,220 54,551 55,913 57,312 58,745 60S214 61,719 63,262 64,844 66S465 68S126 69,831 71S574 73S364 75,198 77,079 79,005 80,980 83,005 85.080 87,208 89S387 91,621 93,912 96,260 98,666 101,134 103,661 106,254 108,911 111,632 114,423 117,284 120S216 123,221 47,827 49,022 50,248 51,505 52,792 54,112 55S465 56,851 58,273 59,730 61S223 62,753 64,323 65,931 67,579 69S268 71,001 72,774 74S594 76,459 78,371 80,329 82S337 84,396 86,506 88,670 90S885 93,157 95,486 97,873 100,320 102,830 105,399 108,035 110,737 113,503 116,341 119,250 122,231 125,287 48,616 49,830 51,077 52,354 53,663 55,004 56S379 57,788 59,233 60,714 62,233 63,788 65,383 67,018 68S693 70,410 72,172 73,974 75,823 77,719 79,663 81,654 83S695 85,788 87,933 90,131 92S384 94,693 97,061 99,487 101S974 104,525 107,137 109,817 112S562 115,375 118,259 121,216 124,246 127,352 49,404 50,638 51,905 53,203 54,533 55S896 57,294 58,725 60,194 61,699 63S242 64,822 66,443 68,105 69S807 71,552 73,342 75,174 77S053 78,980 80,955 82,978 85,052 87,179 89,359 91,593 93S882 96,229 98,635 101,100 103,628 106,220 108,874 111,598 114,388 117,246 120,177 123,182 126,261 129,418 50,193 51,446 52,734 54,052 55,403 56,788 58S208 59,662 61,155 62,684 64S251 65,857 67,504 69,192 70S921 72,694 74,513 76,373 78S283 80,240 82,247 84,302 86S410 88,571 90,785 93,055 95S380 97,764 100,209 102,714 105,282 107,915 110,612 113,379 116,214 119S117 122,095 125,148 128,276 131,483 50,981 52,254 53,562 54,901 56,274 57,680 59,123 60,600 62,115 63S668 65,261 66,891 68,564 70S278 72,035 73,836 75,683 77,573 79S513 81,501 83,539 85,627 87S767 89,962 92,211 94,517 96S879 99,300 101,783 104,327 106S936 109,611 112,349 115,160 118S039 120,988 124,013 127,114 130S292 133,549 45,462 46,597 47,763 48,958 50,181 51,435 52,722 62,474 71,844 54,039 64,035 65,636 67S276 68,959 70,683 72,449 74,261 76,118 78,021 79,971 81S971 84,020 86,120 88,274 90S481 92,742 95,061 97S437 99S873 102,369 104,929 107S553 110S242 112,997 115,823 118,718 121,687 124,728 127,846 131,043 134,318 137,676 73,642 75,482 77S369 79,303 81,285 83,317 85,401 87,534 89,723 91,966 94S266 96,623 99,038 101,514 104S052 106,654 109,319 112,052 114S854 117,726 1 20,669 123,686 126,777 129,947 133,196 136,525 139,940 143,437 147,024 150,698 154,467 158,328 55,390 56,775 58S195 59,650 61,141 62,670 64,237 65S842 67,490 69,175 70,904 72,677 74,494 76,356 78S265 80,222 82,228 84,284 86S390 88,550 90,764 93,033 95S359 97,744 100,186 102,692 105,260 107,890 110,587 113,352 116S186 119,090