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HomeMy WebLinkAboutMinutes - 6/28/2000 - Finance and Personnel Committee � FINANCE AND FERSONNEL COMMITTEE � MINUTES June 28, 2000 Members Present: Cha.irperson Murgatroyd, Alderman McClatchey, Atderman Baixd arrived at 8:30 p.m. Others Present: City Clerk Altho$, Mayor Cuda, City Administrator Lobaito, Assist,ant Administrator Maxeiner, and City Attorney McArdle. Alderman Bol�er arrived at '7:30 p.m. Chairperson Alderman Murgatroyd called the Finance and Pexsonnel Committee Meeting to order at 7:26 p.m. stating the purpose of this evening's meeting was to camplete the review and revision of the City of McHenry's Personnel Policy Manual and make a formal recommendation of approval for full council consideration. Staff had been directed, at the Januasy 8, 2000 committee meeting to further investigate several legal issues and make recommended language clarificationa and revisions. At Chairperson Murgatroyd's request, Assistant Administrator Maxeiner presented the final draft of the Personnel Policy Manual enumerating the specific revisions for committee consideration and approval. PERSONNEL POLICY FINAL REVISION8 PAGE 7 � First Paragraph, Line Thvo through Line Four-adds language whieh clarifies observed behavior Section (3), Line Four-the testing time has been changed to "2" hours ta maintain consistency throughout the policy. PAGE 9 Sectian E, Paragraph�`wo, Line Three -elimination of all words after "such program" beginning with "after alcohol/substance" PAGE 17 Section 6.2, Paragraph'I�vo - language has been revised by Attorney Cahill to address the balance vf accumulated compensatory time at termination if an empZoyee has experienced a demotion during the calendar year. The revised language was distributed by Assistant Administrator Maxeiner for committee review. Alderman Balger arrived at'7:30 p.m. PA E 19 � Section 9.1, Paragraph Two -language has been clarified to address salary compensa.tian upon an employee's promohon. � Finance and Personnel Committee Minutes June 28, 2000 Page T`wo PAGE 22 Paragraph T�vo -language has been added to clarify the payment of accumulated sick leave meeti.r�g the stated requirements to a deceased employee's beneficiaries. PAGE 23 First Paragraph -language has been inserted clarifying benefit accrual upon a past employee's rehire. PAGE 27 Section 14.4 - language has been modified to obtain consistency in Grievance Step Procedures 1 through 3; specifically requiring a uniform 1Q day resp�onse time at each Step LeveL PAGE 29 � Section 15, Paragraph E - new section added addressing internet and e-mail policy PAGE 30 Section 2, Line One -the word "name" was replaced with "position" PAGE 39 Section 19 - Significant revision has occurred in this secti.on dealing with Vacation, specifically the accumulation of vacation time. Vacation accrual shall begin on the employee'S first day of employment, utiliZing the employee's anniversary date for vacation benefit calculation. Section 19.4, First Paragraph - language has been mod�ed to clarify under what circumstances and how much vacation time can be carried over into the next year. At the committee's request Assistant Administrator Maxeiner also cl�ed the intent of Seetion 19.2 TRANSITION TO NEW VACATION ACCRUAL METHOD permitting the one-time borrowing of five vacation days prior to actual accrual. PAGE 41 � Section 20.1, First Paragraph- the one-half day Good Friday holiday has been eliminated, Finance and Personnel Committee Minutes � June 28, 2000 Page Three Section 20.5, Line Five - language has been added regarding accommodation of individual religious beliefs and time off. PAGE 42 Section 2 l.l, Paragraph Three - One additional Personal Day has been added to develop consistency with the Teamsters'contract. The additional day is also to be considered "consideration'° for accepting and executing the new Personnel Policy Acknowledgment Form. Pa�e 43 Section 21.3, Paragraph Two - language has been modified for clarification purposes regarding the accrual of benefits upon reinstatement after a leave of absence. Pa�e 44 Section 22.2, Section A, Paragraph 3 - reimbursement has been increased from $1000 per calendar year to $1250 to maintain consistency with other City � collective bargaining agreements. Pa�e 46 Section 22.2, Paragraph C, Number 4 - the following additional language will be included at the end of sentence one: "unless prior approval is obtained from the City Administrator or Mayor when the City Administrator is traveling for city business." PAGE 47 Section 23.1, Paragraph C -language was added to address daily traveling expenses creating a "per diem" rate of$30.00. Section 23.2, First Paragraph-the following additional language will be included at the end of sentence one: "unless prior approval is obtained from the City Administrator or Mayor when the City Administrator is traveling for city business." PAGE 50 Section 25.2, Paragraphs A, B, and C- language has been revised, to maintain consistency, providing noncontracted employees the same monetary uniform allowance permitted in the Teamsters Local #301 collective bargaining �, agreement with the City of McHenry. Finance and Personnel Committee Minutes � June 28, 2�00 Page Four PAGE 69 Assistant Administrator M�einer distributed additional language developed by Attorney Cahill to address "general'° workplace harassment in additian to the Personnel Policy Section 31 specifically addressing sexual harassment. He suggested this language be inserted as a completely new Section following Section 3 l, Sexual Harassment Policy. PAGE 7� Section 32, First Paragraph, Line Four-language has been modified, for purposes of consistency, to mirror the City of McHenry's collective bargaining agreement with Teamsters Local #301 defining "imrnediate farnily". After some discussion it was the consensus of the committee to include "daughter-in-law and son-in-law'° to the immediate family definition. Assistant Administrator Maxiener distributed the revised Acknowledgement Form for committee consideration. Some discussion followed. Staff recommended the additional benefits of�'ered city employees, through the � Personnel Policy revision, be included in the Acknowledgement Form. Chairperson Alderman Murgatroyd suggested the Organizational Charts be reviewed at a later date. He requested Assistant Administrator Maxeiner provide the committee with a narrative justifying the proposed revisions. RESOLUTION TO DISCONTINUE TRAN3FER OF PARK DEVELOPER DONATION MONIE3 TO THE RECREATION CENTER FUND Alderman Baird arrived at 8:30 p.m. Assistant Administrator Maxeiner noted at council direction the proposed resolution eliminating the transfer of Park Developer ponation fees to the Recreation Center Fund was sent to the Finance Committee for further consideration and discussion. Comments from Council suggested the elimination of the transfer would convey the wrong sentiment to the general public; would suggest the Council no longer supported the development of a recreational center. Alderman Ba.ird noted he originally had suggested the elimination of the transfer at the April 13� Finance and Personnel Committee Meeting in an effort to balance the proposed 2000-01 park capital project recommendations. Some L,. discussion followed. Finance and Personnel Committee Minutes � June 28, 2000 Page Five Motion by Baird, seconded by McClatchey, to place the resolution eliminating the 50/SO semi-annual transfer of collected Park Developer ponation monies to the Recreation Center Fund on the next regularly scheduled council meeting agenda. Voting Aye: Baird, McClatchey, Murgatroyd Voting Nay: None Absent: None 1V�otion c�rri+ed. Further �iiscu9��oh followed regarding staf�''s proposed distribution method of the newly ��v�d Personnel Policy. The committee directed staff to make the revisions as presented and place the revised Personnel Policy on the July 19th regularly scheduled council meeting agenda. Mbtion by McClatchey, seconded by Baird to adjourn the meeting at 8:35 p.m. Vdtir�g Aye: Baird, McClatchey, Murgatroyd �dtir�g Nay: None �bsent: None � Motion carried. The meeting was adjourned at 8:35 p.m. ._���� �'� Steven Murgatroyd, Chairperson �� /1 �-� ,y��� ��:' �;Ll � CITY OF McHENRY PERSONNEL POLICIES AND PROCEDURES ' -� � -.�c: .. � ,� L0'd �H101 � PERSONNEL POLICIES AND PROCEDURES wcxi�row�nG�rrr Fox� Employa Name(p�vit) I hereby certify that I have receivod the page City of McHenry Parsonnol Policies and Procedures Marwal adoptal on , 2000. I acknowledge that,in accordance with State Statutes,I raaeavod the policy st�tement of the City of McHenry in compGance with the Dtug Free Work Piace A�ct r�ferced to in Section 2.2 of the Personnel Poliaes and Procedures Manual;I will abide by the terms of that policy statcment;I witl notify th�City of any crim�inal drug statute conviction for a violation occuning in the work place or st a City worksita ao later thAn 5ve(5)days�fttr the com+iction;and I will, if convictcd or a crimin�l drug statute valadan as the result of coaduex occurring in the work place or at a City worksite and givtn the opportur�ity to do so, satisfadorily particigate in e drug abuse assistacice or tehabilitation program and provide the City with proof of satisfactory participation and completion of such a program. In exchange for receiving one ad�itional personal day�d the new vacaiion accnwl scheduie, I am heteby covered by the City of McHenry Personnel Policies ar�d Procedures Manual. In addition, I acknowtedge that the City ofMcHenry Personnel Policies and Procedures and this � acknowlodgmtnt form are not employment contracta and that my employment with the City is at witl. Signaturc of Employee Department Date `.. , ��� �, HARASSMENT YOLICY: A. $�: 'Ibe putpose af t�is policy is to maiatain a�atthy work environmd�t aad to pr+�vide procadutes for r�or'ting,iov�estig�ting,ar�d t+eso�ving c�ompl�iats of harassttt�t. (Note: For complaiats invoiving incidenta of u�cual barassr�eat,pleaae nfer to tbc City's S�xua1 Haraasm�t Policy cantained'w 5octio�n 31 of tbis�. 8. 'D�t�s ani 1. Probibit�d Acdvity: � No anploSroe shail eithet explicitly or iniplicitly ridicule,mock,deridc,ar belittle any other empbyoe. : Employeea sball aoR mabe offmeivc or deroga�tory cotrntxats basod upon racx,ueeat,color,reli8ion.sac,age,mental or physical disability,national origin ar aay athcr le�allY Pratected c,�atacteristics,tithet dircxtly or indiractly to aaothct anployee. Such barassm�at is a pmhibitod form of discriminatiou w�dcr stak and fed�otal pnploymeut law aad is c�nsidett�i miscoctduct subjoct to discipW�ary accian. • Such ccnduct that baa�e purpoBe or effect of unreatonably iutecfering witb au employx's v�rorlc perSot'tnttuce or creating an iatimidating,hostile, or offa�ive worlc�ng enviro�nent. � 2. Responsibilitiw: Eactt emplayoe is responsibk for assispag in prevcntion of har�smeat through the followiag acts: s Rtfraining ft+arn pa�ticipatioa in,or encouragcment o�actions that could be perc�ivod as harassmen� * �rti�ng acts of harassmeot to the EFA Officer. � • Encout�ging any�tnployee,wl�o confides that hclshe is being harasscd, to rqwrt these acts to rl�e EEO O�c�r. Each supervisor shall bc responsibk fot pr�cvarting acts of harassma�t. 'Ibese nspons��bilities includc: • Monitoring tbe workplace wvironmeirt on a daiJy basis for signs that harassment may be occumi�sg. r ��$��PbY+�on the types of beltavior pmhibited at�d the City's procodures for rcporting and resolving complainu of harassn+a►t. � 1 fa if-�!a'J 1 CfaG G�^�, f TO rtnn� i i r�.��r-�n��. t".�e.,r,.,r,-� r-r-_..t ,-..-.r,� .-. ..-.� � E. �: Canplaieants or anpbyoes accu�ed of biarassmcnt may file aa appeal i� accordaooe with P�P����Y��6��tbe investigitia►or dispc�s�on of a bar�samart cluim. Appeals must be iu writing and dirx�ted to the cuy c,�u. � �.. 6.2 Compensatory Time. Where requested by the affected employee and agreed to by � the Department Head, the City may grant compensatory time for overtime hours worked, up to a maximum of twenty-four(24)hours of compensatory time per employee in any given calendar year. Compensatory time off shall be taken at such time and in such blocks as are established or agreed to by the Department Head. Accumulated compensatory time not taken at the end of a calendar year shall be paid to the affected employee on the first scheduled payroll in the next calendar year. Upon termination, an employee shall be paid for unused compensatory time off at a rate of compensation not less than: A) The average regular rate received by such employee during the last three years of the employment; or s) The final regular rate received by such employee, whichever is higher. L .� PREFACE L This Personnel Policies and Procedures Manual, together with the rules, regulations and policies of your departnient, will explain the duties, responsibilities and benefits connected to employment with our City. This Manual does not, and is not intended to, cover every aspect of City operations. The purpose is to provide employees with informational guidelines and procedures in relation to their employment. In order to be fully informed about our policies and procedures as tliey apply to you, please read all of the information. After you have become familiar with tl�e content, you may want to discuss areas of question with your immediate supervisor. Our best wishes for your successful employment with our City. � � 2 �-- All employees, except police officers and the Deputy Clerk, shall be subject to discipline, up to and including termination, by the Mayor. Police officers are disciplined and terminated pursuant to the Rules and Regulations of the Board of Police Commissioners. Discipline for the Deputy Clerk, up to and including termination, is addressed by the City Clerk. 1.4 Employee Classification Cate ories: All employees will be classified in one of the following categories: Regular full-time (RF) Regular part-time with benefits (RPB) Regular part-time (RP) Temporary full-time (TF) Temporary part-time (TP) An employee's working hours and benefits depend on the job requirements of the employee's job and whether the employee is a regular or temporary employee, full-time or part-time, or exempt or non-exempt employee. 1.5 Emplovee Classifications Defined: Regular A regular employee is one who is hired for an unspecified term of L— employment. A regular employee may be employed on either a full-time or part-time basis and with or without benefits. Temporary A temporary employee is one who is hired for a stated term of employment as determined by a specific job assignment. This term of employment would have a pre-determined termination date. Temporary employees may work either full-time or part-time work schedules. Full-Time A full-time employee is an employee who is scheduled to work 40 hours per calendar week or an appointed police officer. � Part-Time with Benefits A part-time with benefits employee is one who works 1,000 hours or more but less than 2,080 hours in a calendar year. This employee classification may be offered partial benefits including IMRF retirement, health insurance, dental insurance, uniform allowance and vacation time allocated on a pro-rata basis. Part-Time A part-time employee is one who works less than 1000 hours/year and shall not include an appointed police officer. Exempt An employee who is paid a set rate for the pay period regardless of the number of hours worked and is not eligible for overtime compensation as � 4 SECTION 2 - DRUG AND ALCOHOL POLICY � 2.1 Dru� �.nd Alcohol Use: A. Statement of Policv. It is the policy of the City of McHenry that the public has the absolute right to expect persons employed by the City will be free from the effects of alcohol while working and free from the effects of illegal drugs at any time. The City fully intends to comply with the Drug-Free Workplace Act, and expects its employees to report to work fit and able for duty. B. Prohibitions. The following prohibited acts may result in disciplinary action, up to and including termination of employment: (1) Possessing, manufacturing, distributing, dispensing, consuming, selling, purchasing, or being under the influence of alcohol (which shall be defined for testing purposes as an alcohol concentration of.02 or more) at any time during the course of the work day or anywhere on any City-owned property including City buildings and City-owned vehicles; (2) Possessing, manufacturing, distributing, dispensing, using, selling, or purchasing any illegal drug at any time and at any place. "Illegal drug" shall be defined as cannabis and controlled substances under state or federal law which are not being used under the supervision of a licensed `- health care professional, or otherwise in accordance with law; (3) Ingestion or unauthorized possession of a prescription drug which has not been prescribed to the employee; (4) Failing to (a) consult with a physician about a prescribed medication's effect on the employee's ability to perform his or her job safely, or (b) immediately disclose to his or her supervisor any medication-related work restrictions, or (c) disclose to his or her supervisor when taking medication whose container contains warnings that the medication may affect an employee's ability to safely perform his or her job (such as to drive or operate machinery); (5) Testing positive for illegal drugs or for being under the influence of alcohol; or (6) Failing to comply with this Policy or the City's Drug-Free Workplace Policy. C. Dru� and Alcohol Testing. The City may require an employee to submit to urine and/or blood tests, breath tests, or other drug and alcohol tests if it determines there is reasonable suspicion for such testing. Reasonable suspicion means that a � 6 • r cause" shall be based on documented observations by a trained supervisor `— who should be able to articulate and substantiate specific behavioral, performance, or contemporaneous physical indicators of probable drug use and/or alcohol misuse. The City may also, depending upon the nature of the position, require a drug/alcohol test of all applicants seeking to be hired, and all employees seeking to be transferred or promoted to a position whose duties involve public safety. Employees who (1) test positive for illegal drugs or for being under the influence of alcohol, or(2) who refuse to submit to testing, may be subject to disciplinary action up to and including termination of employment. D. Testin� Procedure. The City shall use only licensed clinical laboratories for such testing and shall be responsible for maintaining a proper chain of custody. Blood tests shall be performed by trained medical persoiuiel. Breath tests shall be performed by trained technicians using federally-approved evidential breath testing devices. If a urine test is used, the taking of urine samples shall not be witnessed unless there is reasonable suspicion to believe that the employee is tampering with the testing procedure. If the first urine test results in a positive finding, a confirmatory test (GC/MS or a scientifically accurate equivalent) shall be conducted at City expense. An initial positive urine test result shall not be submitted to the City unless the confirmatory test result is also positive as to the same sample. A portion of the tested urine sample shall be retained L.. by the laboratory so that the employee may arrange for another confirmatory test (GCMS or a scientifically accurate equivalent) to be conducted by a licensed clinical laboratory of the employee's choosing and at the employee's expense. Once the portion of the tested urine sample leaves the clinical laboratory selected by the City, the employee shall be responsible for maintaining the proper chain of custody for said portion of the tested sample. Prior to being submitted to the City, drug test results will first be submitted by the laboratory to a Medical Review Officer(MRO) for verification. The MRO shall offer employees with positive test results a reasonable opportunity to establish that their results were caused by the use of lawful substances or the lawful use of controlled substances, or otherwise are in error. If the MRO determines that a positive lab result is consistent with legal drug use or the result was otherwise in error, the MRO will report the result as negative. The MRO shall not disclose medical information provided by an employee during the test verification process, except that the MRO may disclose such information to the City or appropriate federal agencies or designees if required to by law or, in the MRO's ��easonable medical judgment, the continued performance by the employee of his or her job could pose a significant safety risk. After verification by the MRO, all test results will be submitted to the City. Upon request, the City shall provide an employee with a copy of any test results, without charge, which the City receives with respect to such employee. � 8 destroy professional and family relationships. Finally, lives can be ruined when illegal � drug use�rs are arrested,jailed or injured by drug-related violence. We havf; gathered a variety of pamphlets, videotapes and other materials about drug abuse. �;'hose materials are available from the Personnel/Payroll Clerk. From time to time, wE� may schedule work shops or programs to discuss the dangers of drug abuse. Any employees who use illegal drugs or abuse medications or alcohol are urged to contact their physician for assistance in seeking treatment. If they prefer, employees are urged to contact one of the following organizations which provide drug counseling and rehabilitation: NIMC Behavioral Health Services 4201 Medical Center Drive McHenry, IL. 60050 Tel: (815) 344-5555 Woodstock Memorial Medical Center Behavioral Health Services 527 W. South Street Woodstock, IL. 60098 L,.. Tel: (815) 338-8448 Family Services 5400 West Elm McHenry, IL 60050 Tel: (815) 385-6400 The City will not be obligated to pay any expenses associated with any drug counseling or rehabilitation program, except as provided through the City health insurance plan or Employee Assistance Program (EAP). C. Emplovees to Whom this Policv Applies: This policy applies to every City employee engaged in the performance of work related to any grant received by the City. A copy c�f this policy will be given to every such employee. A copy of this policy statement will be posted in the City Hall. D. Penalties for Violation of this Policv: Any employee who violates this prohibition inay be subject to disciplinary action as set forth in Section 17 or as provided by state statute, whichever is applicable, up to and including immediate termination of employment and may be referred for counseling or rehabilitation and satisfactory treatment. � 10 3. Employees who believe they have a drug-abuse problem are `-- encouraged to voluntarily seek confidential assistance by contacting the Program Administrator. The Program Administrator will place the employee in contact with the City's EAP. 4. Through the EAP, the employee will be provided a referral coordinator. The referral coordinator is part of a trained referral team who can refer the employee to a specific professional counselor or treatment program who can help the employee deal with his or her drug-abuse problem. 5. An employee who voluntarily seeks assistance under the City's EAP may not be subject to discipline because of his or her drug-abuse problem if, in the opinion of the Program Administrator, 1) the employee can satisfactorily continue to perform his or her job duties, 2) the employee is not a danger to himself or herself or to others, and 3) the integrity of the City of McHenry is not adversely affected. 6. If an employee violates the Drug Free Workplace Act, the City may require the employee to satisfactorily participate in an approved drug abuse assistance or treatment program, at the `.- employee's expense. If the employee refuses to participate in such a program, the employee may be subject to disciplinary action as set forth in Section 17 or as provided by State statute, whichever is applicable. 7. The decision to contact the EAP and to request diagnosis or to undertake treatment is the sole responsibility of the employee. The employee may also seek help directly from any approved individual or agency. All treatment expenses are the sole responsibility of the employee. 8. The relationship among the employee, the Program Administrator, and the EAP referral coordinator is confidential. When an employee voluntarily contacts the EAP through the Program Administrator, only the Program Administrator will be aware of the contact. When an employee is required to contact the EAP or to participate in a drug abuse assistance or rehabilitation program as the result of a violation of the Drug Free Workplace Act, only the Program Adininistrator and those City officials responsible for determining compliance with the Drug Free Workplace Act will be aware of the contact. No one in the City will be aware of any treatment recommendations unless the employee specifically � 12 SECTION 3 - ATTENDANCE POLICY � 3.1 Attenda�ice: Employees shall report promptly to their designated place of work at the designated starting time and shall devote their entire efforts during working hours to assigned duties. 3.2 Tardiness: An employee is expected to report for work on time. If an employee knows that he/she will be late, the employee must notify his/her immediate Supervisor prior to the scheduled starting time, if possible, and state the reason for the tardiness and the approximate time when he/she expects to report to work. 3.3 Absence: If an employee anticipates that he/she will be unable to report to work for the day, the employee must notify his/her immediate Supervisor as soon as possible. If the absence is to continue for more than one day, the employee must notify his/her Supervisor daily, if practicable. 3.4 Unexcused Absence: If an employee fails to furnish his/her Supervisor with a reasonable explanation for missing work, the absence will be recorded as an "unexcused" absence in the employee's personnel file. If an absence is unexcused, the employee will not be allowed to utilize any accrued vacation days, personal days or sick days to receive pay for that day and therefore will not be paid for an unexcused absence. 3.5 Record of Hours (MOVED TO SECTION 4.1) � 3.6 Maintenance of Records (MOVED TO SECTION 4.2) 3.7 Accurate Records (MOVED TO SECTION 4.3) L 14 SECTION 5 - SALARY REVIEW POLICY � 5.1 Step SX;tem - Definitions: Salaries for all employees, with the exception of Department Heads (which are determined by a merit pay system), should be determined by a step increase system. Annual step increases should be based on perfarmance and length of service in a position with the total salary not to exceed the maximum of the salary range for that position. Pre-established ranges for each position reflect the minimum and maximum salaries for each position and include increments based on years to attain proficiency on the job. The rate ranges and steps within each range are subject to change from time to time and also depend upon the financial status of the City. 5.2 Startin� Pay: New employees may start at the minimum step in their respective grade. However, a new employee (or current employee in a new position) may start at a salary above the minimum for the position the employee is selected for, if a recommendation is made by the City Administrator and approved by the City Council. 5.3 Step Increases: When an employee is hired, the date of hiring in conjunction with job performance should determine the step increase to be given on the next May 1 st. If the employee is hired between May 1 st and October 31 st, the employee may receive a full step increase the next May 1 st, subject to the normal review procedure. If the employee is hired between November 1 st and January 31 st, the employee may receive a half-step increase the next May 1 st, subject to the normal review procedures. If the employee is hired after February 1 st, no step increase should be given on May 1 st. � 5.4 Exceptions to Step Increases: An employee receiving an unsatisfactory performance rating may not receive a step increase on May 1 st. An employee receiving an outstanding performance rating may receive up to a step increase greater then the annual step increase on May 1 st. � 16 SECTION 7 - EMERGENCY CALL OUT PAY �`.. A non-exempt cmployee who is requested by a Department Head or Supervisor to come in to work on non-scheduled time, will be paid for the actual hours worked. If the actual time worked during any sucl-� emergency call out is less than one hour, such time should be counted as a full hour. � � �8 SECTION 9 - PROMOTIONS, DEMOTIONS,AND TRANSFERS � 9.1 Promoti��n Defined: A promotion is defined as moving to a job title with a higher salary midpoint. Employees promoted or transferred to other jobs should retain their prior years of servic e for benefit purposes. �' Employees who are promoted should be paid the starting rate in the wage schedule for that job title or at the step within the grade which results in an increase nearest to but not less than five percent over the prior base salary, whichever is higher, unless a higher rate has been recommended by the City Administrator and approved by the City Council. 9.2 Demotion Defined: A demotion is defined as moving to a job title having a lower salary midpoint. If the demotion occurs as a result of poor or unsatisfactory employee performance, the demoted employee's salary should be reduced to the compensation rate at the sa�ne step in the new lower grade unless a different step has been recommended by the City Adininistrator and approved by the City Council. If the demotion occurs at the employee's request or for organizational considerations, the demoted employee's salary should be reduced to the compensation rate at the same step in the new lower level unless a different step has been recommended by the City Administrator and approved by the City Cotincil. 9.3 Transfer Defined: A transfer is defined as moving to a job title with the same salary midpoint. Employees receiving transfers should not receive an increase in compensation � as a result of such transfer. However, newly transferred employees may be eligible for a step increase on the next May 1 st. � 20 �— - I'ay for sick days allowance, as follows: � ��n employee with less than 40 days of accumulated sick leave should not receive - Gny cash payments for such accumulated sick leave. However, employees who are retiring, have been employed by the City for at least 12 full years and have 40 days or more to a maximum of 100 days accumulated sick leave on the date of the separation of their employment, may receive cash compensation for one-half of the accumulated sick leave up to 50 days. Upon the death of an employee meeting these same requirements, a cash distribution may be made to the employee's spouse or beneficiaries. Separation pay shall be reduced by the following: - Required legal deductions; - Authorized Pension Plan and United Way Fund deductions; and - Medical insurance premiums payable for that payroll period; An employee shall be responsible for reimbursing the City for the following: - The value of City property not returned or the cost of repair for City property L. damaged by such employee; - Monetary compensation for vacation days which were paid to the employee for t11at part of the year the employee did not work. The amount will be prorated on a nionthly basis; - Unrefundable tuition for a pending course of instruction not completed on the date of separation; - Any and all remaining obligations. Separation pay check(s) will be issued tlu-ough normal payroll distribution charuiels. � 22 SECTION 12 - AVAILABILITY OF EMPLOYEE PERSONNEL FILES FOR REVIEW � The following �re examples of items which might be kept in an employee's personnel file: A. E�nployment application/resume B. T;ix forms C. Registration/certification/degree D. Orientation materials E. Performance appraisals F. Disciplinary notices G. Commendation forms and letters H. Incident reports I. Vacation requests J. Individual daily time sheets K. Overtime records L. Sick time records All employees hired after November 6, 1986 are subject to employment verification using the U.S. Immigration and Naturalization Service I-9 Form. All I-9 Forms and copies of supporting documentation ��ill be kept in a separate file. Medical records pertaining to work will also be kept in a separate file. In addition to the personnel file maintained by the City, sworn personnel will also have a � personnel file that will be maintained by the Police Commission which will contain the documents regarding hiring, promotion, discipline, and termination decisions affecting the sworn officer. An employee can inspect his or her own personnel file at least twice a year. To inspect your personnel file, you should take the following steps: A. Submit a written request to inspect your personnel file to the City Administrator. B. Every employee will normally be allowed to inspect his or her personnel file within seven days from the date of the written request. If the City cannot reasonably meet this seven day time period, it may request a seven-day extension. C. Every employee will be allowed to inspect his or her personnel file at the City Hall during normal working hours, unless other arrangements are agreed upon. No employee can remove his or her personnel file from the City Hall, but the employee may request the City to mail a copy of his or her personnel file if the employee is unable to inspect it at the City Hall. Employees may request copies of any documents in their file. � 24 SECTION 13 - MONIES RECEIVED �, Every officer ai�d employee of the City, except the City Clerk/Collector shall deliver all monies received for or��n behalf of the City, to the City Clerk/Collector's office on the date received, or if received on a holiday or when such office is closed, the next business day thereafter. Monies delivered to the City Clerk/Collector's office shall be accompanied by a written statement showing the source from which the same was received. � � 26 request should be made no later than thirty (30) calendar days after the employee �, receive;; the City Administrator's written reply referred to in Step 3. The Personnel Committee should meet to consider said grievance at the earliest convenient time but preferahly within ten (30) calendar days after it is received by the Chairman or Acting Chairman of the Personnel Committee. A written recommendation should be rendered by the Personnel Committee after it has concluded its investigation thereof. The recoinmendation of the Personnel Committee should be submitted to the City Mayor for final decision. Failure of the employee to meet the stated time limits constitute a waiver of further review, except that the time limits expressed in the foregoing procedures may be extended by the mutual agreement of the employee and first level Supervisor at Step l, the Department Head at Step 2, the City Administrator at Step 3, and the Personnel Committee Chairman at Step 4. In the event the individual that the grievance is to be reported to is absent, the grievance should be considered and acted upon at the next step in the grievance procedure. In the event the employee's grievance involves their Supervisor, Department Head or the City Administrator, the employee may skip that step and go to the next step in the grievance procedw�e. � � 28 �-- An individual's political affiliation, preference, or opinion will not, in any way, influence the hiring or any other term or condition of employment of a City employee. The following guidelines will be used in defining political activity within the community: 1. No employee who is a candidate for an elective office shall engage in any campaign activities while at work or while performing work-related duties, or in any other way coerce or influence, or attempt to coerce or influence, others to endorse his or her campaign, to vote for him or her, or to engage in any other political activities on his or her behalf while the employee is at work or perforining work related duties. � \- � J��`� � � 2. No employee shall use his or her�e as a City employee to endorse a candidate for political office or a referendum issue. 3. No City employee shall, during working hours or while on duty, take active part in any political campaign. Political � activities are not prohibited, but must be confined to non-working hours. 4. Employees of the City shall not, during working hours or while on duty, directly or indirectly, demand, solicit, collect, or receive any assessinent, subscription, or contribution, whether voluntary or involuntary, intended for any political purpose whatsoever from fellow employees or frorn the general public. 5. No employee of the City shall use his or her position as a City employee to attempt to solicit votes for any candidate for office or to lend credence to any such solicitation for any candidate for office or for any referendum issue. 6. No employee shall use City facilities, including the telephone, copy machines, or any other City equipment or supplies for the purpose of preparing or promoting any political campaign. 7. No City employee shall contribute money to any candidate or political party except on a purely voluntary basis. � 30 �, 1. Obeying all safety rules and using all safety and protective equipment provided to you including but not limited to seatbelts in vehicles and use of safety boots if the employee is provided with a safety boot allowance. 2. Following all safety instructions when using City equipment or machinery. 3. Reporting any injury, no matter how minor or insignificant, immediately to your supervisor and following the steps in Section 27.2, Report of Injur_y. Failure to abide by these rules, or to follow basic safety procedures, may result in disciplinary action, up to and including immediate termination of employment. N. Dru� and Alcohol Use Policv: In order to provide a drug-free, healthful, safe and secure work environment, the City prohibits the use of illegal and un-prescribed drugs and alcohol in the workplace. In addition, the purpose of this policy is to perform the necessary drug and alcohol testing pursuant to the federally mandated requirements of the Omnibus Transportation � Employee Testing Act of 1991 as delineated under U.S. Department of Transportation Drug and Alcohol Testing Regulations 49 CFR Part 40 and 382. The drug-related and alcohol-related requirements of this law became effective January 1, 1996. The City may therefore require any employee holding a Commercial Driver's License (CDL) to submit to a drug and alcohol test to determine the presence of alcohol or marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP) in the system. This screening will be conducted while the employee is on City-paid time at City expense and will be mandatory. All test results will remain confidential. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance or alcohol by employees is prohibited on all municipal premises, in any City-owned or leased motor vehicle, or at any other location where the employee is assigned to perform work. The City's procedures detailing drug and alcohol testing are contained in a separate manual which can be obtained from the City Administration. 15.2 Work Rule Violations: While not all inclusive, the following conduct may result in disciplinary action up to and including termination of employment. The conduct listed is by way of example only and other inappropriate conduct not specifically listed may also � 32 �, - .Jnauthorized use of telephone for personal use; - ��reating unsafe or unsanitary conditions; - 5moking in prohibited areas; - Unauthorized use or disclosure of information or records; - Refusal to work overtime; - Fighting or horseplay; - Unauthorized removal of City or a fellow worker's property; and - Other misconduct or impropriety of similar seriousness to the conduct listed above. � �. 34 SECTION 17 - PROGRESSIVE DISCIPLINE - APPLICABLE TO EMPLOYEES WHO � ARE NOT SUBJECT TO THE POLICE COMMISSION Progressive Di:;cipline is a means of communicating to employees that their performance/bE•havior is below acceptable standards and is designed to assist employees when problems arise. Any discipline involving loss of pay, suspension, or termination should be authorized by the Mayor. A written record of all forms of discipline, if applicable, should be inaintained in the employee's personnel file. If an employee disagrees with the discipline given, he or she may utilize the grievance procedure outlined in Section 14 of this manual. In order to accomplish the Progressive Discipline objectives, five steps of action are hereinafter established. It is generally the City's policy to move through each step. Disciplinary action may, however, be initiated at any one of the following five steps, dependent upon the individual circumstances, nature and severity of the violation, or repeated violations: Step 1. Verbal Warning: An employee may be given a verbal warning and guidance by the Supervisor following an offense in an effort to eliminate possible misunderstandings and to explain what constitutes proper conduct. Step 2. Written Warnin�: An employee may be given a written warning by his/her Supervisor for any violation of a more serious nature, or for the repetition of an offense � which is deemed to be minor in nature. The purpose of a written warning is to make certain that the employee is fully aware of the misconduct he/she has committed and what is expected, thereby enabling the employee to avoid a recurrence of the incident. The written warning should include the date and the conduct necessitating the warning and should be signed by the employee's immediate Supervisor and the Department Head and receipted by the employee. Once a written warning has been given, an improvement plan should be developed by the employee's immediate Supervisor and/or Department Head and a copy thereof should be given to the employee. The improvement plan should be comprised of a list of desired objectives and a timetable for the expected improvement on the part of the employee. A date should be set for the re-evaluation of the employee's performance after the implementation of the improvement plan. Unsatisfactory improvement may result in further disciplinary action up to and including termination of employment. Step 3. .iob in Jeobardy Conference: The job in jeopardy conference should be held by the Department Head and/or Supervisor and the employee. The purpose of this conference is to inform an employee that failure to comply with the � 36 SECTION 18 �- 457K DEFERRED COMPENSATION PLAN � An optional 45'7K Deferred Compensation Plan may be offered to employees. � �.. 38 � 19.5 Method of Computin� Vacation Pav: Each day of vacation pay shall be based on an eight hour day multiplied by the employee's base earnings per hour, excluding overtime earnings, on the day the vacation is taken. 19.6 Schedulin� Vacation Days: Vacations will be scheduled by the Supervisor or Department Head. Vacations will be taken at such times of the year as will not unduly interfere with the efficient operations of the department. Each einployee who is eligible for a paid vacation shall, no less than 14 days prior to the requested vacation, submit a written request for a vacation, specifying therein the vacation period desired. Vacation time must be taken in blocks of time of nt�less than four hour increments. Requests to take single vacation days, or lesser vacation periods, inust be submitted to and approved by the Department Head at least seven (7) days prior to such vacation date. If a conflict arises in scheduling departmental employee vacations, consideration will be given to the seniority of the employees concerned, the employees' work loads, the needs of the City as determined by the I)epartment Head, and the effect on such employees if their vacation requests are not granted. 19.5 Scheduled Holidays During Vacation Time: Scheduled holidays occurring during � an employee's vacation are not counted as vacation time, provided that the employee would have been eligible to take such holiday had such vacation time not been taken at the same time. 19.6 tise of Vacation Time While on Disabilitv: A request to receive cash payment for accrued but unused vacation time while an employee is on an extended disability leave must be made in writing to the employee's immediate Supervisor and approved by the City Administrator. � 40 L.- SECTION 21 •� OTHER LEAVE 21.1 Personal Days: In addition to the foregoing listed holidays, all regular full-time einployc;es may be granted 32 hours (4 days) for personal reasons. Regular part-time with be�iefits employees scheduled to work at least twenty (20) hours per week may be granted 16 hours (2 days) for personal reasons. All employees must request prior approval from their iinmediate Supervisor/Department Head for all personal time taken. The personal days must be used in the same calendar year in which the days are earned and caruiot be carried over to the next year. No personal time can be taken in less than one-half�hour increments. In no event shall personal time be converted to cash compensation. Newly hired regular full-time employees may receive the following number of personal days in their first calendar year: HIRING DATE: NUMBER OF PERSONAL DAYS Prior to April 1 st 4 (32 hrs) Between April 1 and June 30 3 (24 hrs) Between July 1 and October 31 2 (16 hrs) November 1 or later 1 (8 hrs) Newly hired regular-part time with benefits employees may receive one-half(`/2) of the �. above personal hours in their first calendar year. 21.2 Leave of Absence: Regular full-time and regular part-time employees may be eligible for leaves of�absence. In the event a request for a leave of absence is granted, the employee must first use all accrued paid benefit time. Thereafter, the leave of absence will be without pay. Requests for leaves of absence must be presented in writing to the City Adminish�ator at least two weeks in advance and include the reason for request, length of leave, and address and phone number while on leave. Requests for leaves of absence without pay may be granted for periods of up to thirty (30) days ��vith the approval of the City Administrator. Extension of a leave of absence must be requested in writing and may not be for a longer period of time than the original leave. Any employee granted a leave of absence without pay may keep his or her group life, accident, and health insurance, and retirement plans in full force during his or her leave by arran�;ing for payment of the premiums/deductions during the absence. Such arrangements must be made with the City Administrator prior to going on leave. Failure to make such arrangements, or failure to timely make the required payments, will result in cancellation of the benefits. If a benefit is so cancelled, the rules and regulations of the carrier or provider will be observed if the employee returns and seeks reinstatement of coverage. `... 42 SECTION 22 -� TRAINING AND EDUCATION � 22.1 Policv: It is the policy of the City to encourage all employees to pursue training and educatic�nal opportunities which will improve the employee's ability to perform City duties. Employee progress in such training and/or education will be one of the factors considered in such employee's performance appraisals. 22.2 Trainin�: Reimbursement Policy (Cc Action 10/15/97�: A. Tuition Reimbursement Regular full-time employees enrolled in an educational course, directly related to the employee's position with the City, may request reimbursement of tuition from the City. Reimbursement of tuition is not, however, guaranteed and is within the discretion of the City. Each of the following conditions shall precede any such reimbursement: l. Only courses directiv related to the employee's present position with the City shall qualify for tuition reimbursement. Prior to registration for the particular course, the employee shall submit a request to his or her Department Head on the City's Tuition Reimbursement Form. If the Department Head recommends reimbursement for the course, it must also be approved by the City Administrator. The City Administrator shall determine whether each of the conditions precedent to tuition reimburseinent are satisfied. Because of the nature of education as it �.- relates to day-to-day activities of all people, the deterinination by the City Administrator as to whether the course is directly related to the einployee's position with the City shall be completely within his discretion and shall be final. 2. Funds for the reimbursement of the course have been budgeted for the current Fiscal Year and reinain uncommitted. 3. Reimbursement is limited to the tuition fee only and may not eYceed $1,250 per Fiscal Year. 4. Tuition reimbursement may be paid only upon the City's receipt of a certificate evidencing completion of the course with a grade of"C" or better or, if the course is graded as pass/fail, then upon receiving a "pass" grade. B. Seminars Worksho s, On Premises Trainin Certification Prograins, and Specialized Classes - Expenditures for this type of training should be anticipated and included in budget requests. Generally, only full time employees will be eligible for this type of training, except all employees will be eligible for on �remises training. � 44 conference) annually. This limitation may be waived if the department � head serves on the governing board of a regional, state, or national professional organization. 4. Overnight lodging is generally discouraged for events less than 75 miles away when participating as a non-governing board member.,�-�� f�--� ��,�,�.� �vEu---�-( �,-�- �G�(,,,...:. ,��-- 5. Consideration for attending State and National Conferences shall be given � during budget discussions. If included in the budget for the department, no �ti��� further action of the City Council should be necessary. The Administrator r�. �� should consider the individual Department Head requests for attendance at the conferences and the Mayar will consider requests from the �'`��'' Administrator to attend these conferences. � � 46 SECTION 24 - GROUP HEALTH PLAN* � 24.1 Emplo�e Covera�e: Regular full-time and regular part-time with benefits employees may participate in the comprehensive group health insurance plan that the City, within its discretio•i, may provide. Each employee will receive a Group Insurance Handbook explaining in detail the benefits provided. *SEE SECTION 37 FOR LAW (COBRA) AFFECTING EMPLOYEE HEALTH CARE PLANS 24.2 Health Care Benefits Salary Reduction Plan: The Health Care Benefits Salary Reduction Plan allows all regular full-time employees to pay their share of the cost of inedical, dental and vision care coverage, if any, for dependents and employee's additional life insurance costs, if any, with re-tax dollars through salary reduction. An employee's gross salary would be reduced by the amount of the required contributions for the benefits selected on the enrollment form and then taxes would be figured on the reduced salary, giving employees the opportunity to reduce their taxable income. Employees also have the option of paying personal and dependent insurance deductibles, co-insurance payments and additional employee life insurance costs with after-tax dollars in which case their taxable income would not be reduced. An employee's election to pay these costs through salary reduction will not affect other benefits provided by the City and will be based on your pay before the reduction. `� Should an employee elect the salary reduction plan, they may pay less in social security taxes and contributions to the Illinois Municipal Retirement Fund. As a result, the employee or his/her family may also receive a slightly smaller social security or retirement fund benefit when they retire or become disabled or die. In most cases, this reduction is more than offset by the annual tax savings, but should be considered by the employee. Once enrolled in the plan, the law requires that the employee's choices remain in effect for the entire year. However, you can make changes during the year if any of the following occurs: - a change in family status (marriage, divorce, death of spouse or child, birth or adoption of child, start of loss of einployment by spouse, etc.); - a change between full-time and part-time employment status; - an unpaid leave of absence from work; or - a significant change in the health coverage available. 24.3 Waiver of Covera�e Under Group Health Plan Coverage� Any employee shall have the option to waive the ability to receive the benefits that may be available under the City's L 48 SECTION 25 - UNIFORM/CLOTHING ALLOWANCE. \.., The City of McHenry expects employees to report to work dressed in a professional manner appropriate for :he job duties and functions required of the position. To assist eligible employees in acquiring ancl maintaining the uniforms and/or clothing required by the specific City job performed, the ��ity may provide uniforms and/or allowances for uniforms on the following basis: 25.1 Eli�;ible Emplo�: All employees, except the City Administrator, City Collector, Assistant City Administrator, Department Heads, Assistant Department Heads, City Planner and other positions that may be identified by the City Administrator, may receive an amival uniform allowance that can be used to purchase professional attire adhering to established criteria for each Department. 25.2 Uniform Allowance. A) Non-Sworn. For those non-sworn employees that are not covered by a collective hargaining agreement, the annual uniform allowance may equal that provided in the Teamsters Local #301collective bargaining agreement. In addition, those employees working in essentially the same environment and under the same conditions as the Teainsters Local #301 employees (e.g., streets foreman, parks maintenance foreman, water/sewer supervisors, etc) may be entitled to the same annual boot allowance as that provided to the employees covered under the Teamsters Local #301 collective bargaining agreement. Uniforms should be �, ordered through each Department's administrative office. Clerical employees working less than 20 hours per week inay receive one-half of the uniform allowance. Non-sworn telecommunicators or dispatch supervisors not covered by a collective bargaining agreement may receive the same uniform allowance as that received by telecommunicators covered by a collective bargaining agreement B) Sworn. For those sworn officers that are not covered by a collective bargaining agreement (e.g., sergeants, lieutenants, detectives, deputy chiefs, assistant deputy chiefs, etc), the annual uniform allowance may equal that provided in the collective bargaining agreement covering the police patrol officers. This uniform allowance should apply to clothing and shoes that are consistent with the wardrobe criteria established by the Department. C) Unifonns for Emplo�es Covered Under Collective Bar ag ining A�reement: F;mployees covered under a collective bargaining agreement should consult the agreement for information regarding uniform provisions and regulations. 25.3 Return of Uniforms Upon Termination: The City will request the return of all clothing provided by the City upon termination of the employee's employment. � 50 of emplo:�ment. � 26.5 Pavment for Unused Days: An employee who has used less than three (3) sick days during any calendar year may elect to receive a sick leave cash payment for the difference between three day� and the number of sick leave days actually used to a maximum of three days. The numher of days for which such einployee elects cash coinpensation shall be deducted from sucri employee's accumulated sick leave. Employees who elect to receive such payment for any calendar year must notify the City Administrator thereof by January 31 of the following year, with such payment to be made by February 28 of such following year. Upon separation from employment, an employee having less than forty (40) days of accumulated sick leave shall not be eligible to receive any cash payinents for accumulated sick leave. However, employees with forty (40) days or more to a maximum of 100 days accumulated sick leave on the date of the separation of their employment, may be eligible to receive cash compensation for one-half of the accumulated sick leave up to 50 days, provided such separation of employment results from the employee's retirement after having worked a minimum of 12 full years with the City of McHenry. Upon an employee's death, a cash distribution equal to half of the accumulated sick time up to 50 days may be made to the employee's spouse or beneficiaries if the deceased employee accumulated 40 days or more of sick leave and had been employed by the City of McHenry for 12 full years at the time of the death. 26.6 Need for Medical Statement: Whenever an employee takes sick leave absence of more �--- than three (3) consecutive days on account of illness, the City may require such employee furnish a written medical statement explaining the nature and extent of the illness, surgery, or accident and the inability of the employee to return to his work duties. In addition thereto, the City may require such employee to submit to a medical examination by a doctor selected by the City (but at no cost or obligation to the employee) for the purpose of performing a diagnosis and prognosis of the employee's inedical condition, determining the duration of the disability and the employee's ability to perform work suitable to the City. 26.7 Disabilit Leave. A. Use of Sick Leave and/or IMRF Benefits: In the event of a disability, an employee may use accumulated sick leave and may be eligible for Family and Medical Leave (See Section 28) and/or may also be eligible for temporary disability benefits under the Illinois Municipal Retirement Fund (I.M.R.F.) �3. Sworn Law Enfarcement Persomlel: Temporary disability benefits for sworn law enforcement personnel are available and shall be provided through the Police Pension Fund. Regulations pertaining to such benefits are found in, "Police Pension Fund - Municipalities 500,000 and Under". 40 ILCS 5/3-101 et. seq. � 52 presented for payment to the health insurance carrier for the City. � 27.6 Term of Benefits' Covera�e: Sick days, vacation days and personal days should continue to accru�: and any health care coverage should continue to be paid during the first one hundred twenty (120) calendar days of a workers' compensation disability leave. After one hun��red twenty (120) days the employee may continue his/her and dependent health, care coverage by monthly prepayment of the total cost of the premiums. No sick days, vacation days, holidays or personal days will accrue after the first one hundred twenty (120) calendar days. 27.7 Term of Service Credit: Continuous service credit toward pension eligibility, and vacation eligibility may be granted to an employee if he/she returns to regular full tiine work with the City within a two (2) year period of a workers' compensation disability. 27.8 Return to Work Medical Certification: Prior to an employee's return from a worker's compensation related injury or disease, the employee shall provide a satisfactory medical certification confirming the einployee's ability to return to work and perform duties assigned to the employee's position. �. � 54 � C. Continuing treatment by (or under the supervision o� a health care provider far a chronic or long-term health condition that is incurable or which, if left untreated, would likely result in a period of incapacity of more than three calendar days; or ll. Prenatal care from a health care provider. "Incapable of self-care" means that the individual requires active assistance or supervision to provide daily self-care in several of the activities of daily living, such as caring appropriately for one's grooming or hygiene, bathing, dressing, eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones, and the like. "Health Care Provider" - means a doctor of inedicine or osteopathy, or any other person determined by the Federal Government to be capable of providing health care services including podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse-practitioners, nurse-midwives authorized to practice by state law, and Christian Science practitioners. "Medical necessity" means there must be a medical need for the leave, as distinguished from voluntary treatments or procedures. �. 28.3 Eligible Emplo�e: A. All Employees To be eligible for FMLA, an employee must: 1 . Have worked for the City at least 10 months whether consecutively ar not, (meaning the employee was maintained on the payroll); and 2. Have worked at least 1250 hours during the year preceding the start of the leave. Hours worked are determined by applying the principles of the Fair Labor Standards Act (FLSA). B. Exempt Employees FLSA eaempt einployees who have worked for the City at least 12 months are presumed to have met the minimum service required for eligibility. 28.4 Reauest for Leave: A. No Need to Assert FMLA Rights � 56 immediate family member's serious health condition, the City's otherwise � required advance notice is unenforceable when FI�LA leave is involved. �. Paid leave: The provisions described under Section VII E1 b above apply. 28.6 Medical Certification: A. Timeframe to Submit Form: For leaves (unpaid) taken because of the employee's or a covered family member's serious health condition, the employee must submit a completed "Medical Certification" form available from the City Administrator or his designee within 15 days after the City requests completion of the form, or as soon as reasonably possible. B. Subsequent Medical Opinion/Reports: The City may require a second or third opinion, at the City's expense, and periodic reports on the employee's status and i�itent to return to work. The employee must furnish a fitness for duty report to return from a leave taken because of the employee's own serious health condition. 28.7 Intermittent or Reduced Leave: A. Serious Health Condition: If it is medically necessary, leave may be taken intermittently (a few days/hours at a time), or on a reduced leave schedule to care for an immediate family member with a serious health condition, or because of the � employee's own serious health condition. 1. Medical Necessity: The treatment regimen and other information given on the "Medical Certification" form is enough to certify the medical necessity of intermittent or reduced leave. However, the employee must schedule such leave so as not to disrupt the City's operations. Upon request, the employee shall provide the City with the reasons why the intermittent/reduced leave schedule is necessary, and furnish a schedule of the treatment. The City and the employee will work out a mutually agreeable schedule, subject to the approval of the health care provider. � 2. Temporary Transfer: The employee may be required to transfer temporarily to a position with equivalent pay and benefits that better accominodates recurring periods of leave, when the leave is planned for scheduled medical treatment. B. Department's Consent: A leave taken intermittently or on a reduced leave schedule for the birth of the employee's child, or the child's placement with the employee for adoption or foster care, requires the department's consent. C. Part-time/Variable Hours Employees: For part-time employees and those working variable hours, the FMLA leave entitlement is calculated on a pro-rata �- 58 4. Reimbursement: If the City pays the employee's share of the premium `- which the employee missed during the leave, the City may require reimbursement from the employee upon return from leave. The employee will be required to sign a written statement at the beginning of the leave authorizing payroll deductions for delinquent payments. 5. Employee does not return from leave: If the employee fails to return from leave for reasons other than the continuation of the employee's serious health condition, or the serious health condition of a covered family member, or circumstances beyond the employee's control, or the employee returns to work for less than 30 days, the City may seek reimbursement for the employer's share of the premiums paid on behalf of the employee during the period of the leave. C. Other Benefits: An employee is not entitled to seniority or benefit accrual during periods of unpaid leave, unless otherwise stated in the City Personnel Policies and Procedures or law. However, the employee will not lose any benefit accrued prior to the leave. 28.10 Jbb Protection: A. Same or E uivalent Position: If employees return from leave by the end of twelve (l2) weeks, or before, they are reinstated to the former position or an equivalent �.. one, with equivalent pay, benefits, status, authority, and other conditions of employment as they held before going on leave. B. Restoration Ri hts: The restoration rights of an employee returning from FMLA leave are the same as they would have been had the employee continued to work. Therefore, had the employee's position been eliminated, or the employee been terminated while actively at work, there is no right to be reinstated upon return from leave. C. Late Return: If the employee fails to return by the end of twelve (12) weeks, reinstatement to the same or similar position occurs only if it is available. � Otherwise, the employee's employment may be terminated. D. Kev Emplo�e: An exception to reinstatement may also be made in the case of a "key employee," even if the "key employee" returns timely from leave. A "key e�nployee" is among the 10% highest paid City employees. "Key employees" will b� notified of their status in writing when they request FMLA leave and inforined as to whether there is a possibility that reinstatement will be denied after leave. Restoration may be denied if it causes substantial and grievous economic injury as defined by FMLA regulations. � 60 federal, state, or local fair employment laws or regulations, nor will the City permit any other ��.. City official or e mployee to do so. Retaliation is a serious violation of this Policy and should be reported immed:ately. Any person found to have retaliated against another individual for reporting discririination or unfair treatment will be subject to appropriate disciplinary action, up to and including termination of employment. � � 62 , 30.5 A�peal ]'rocess: If an applicant or employee is dissatisfied with the outcome or `- resoluticn of an ADA complaint, that individual has the right to appeal the decision. Within seven (7) working days from receipt of the City Administrator's response, the applicant or employee should submit his or her written comments to the Personncl/Finance Committee of the City Council. � � 64 offensive to others; and ,� E. Retaliation against an individual for reporting or complaining about sexually r�arassing conduct. 31.4 The Cit}'s Complaint Process: While the City encourages individuals who believe they are being harassed to firmly and promptly notify the offender that his or her bellavior is unwelcome, the City also recognizes that power and status disparities between an alleged harasser and a target may make such a confrontation impossible. In the event that such informal, direct communication between individuals is either ineffective or impossiUle, or even when such communication between the individuals has occurred, the following steps should be taken to report a sexual harassment complaint: A. Reporting of the Incident. All City employees and officials are urged to report any suspected sexual harassment by another employee or official to the City Adininistrator, except where the City Administrator is the individual accused of harassment. In that case, the complaint should be reported to the City Mayor. If the �ictim prefers to report the suspected harassment to someone of the opposite sex from that of the City Administrator, the complaint can be reported to the City Mayor, the City Clerk, or a member of the City Council. The report may be made initially either orally or in writing, but reports made orally inust be reduced to writing before an investigation can be initiated and a resolution achieved. � B. Investigation of the Complaint. When a complaint has been reduced to writing, the City Administrator, er the individual informed pursuant to Paragraph 1 above, will initiate an investigation of the suspected harassment within five (5) working days of receiving the written notification. If necessary, the City representative receiving the complaint may designate another supervisory or management employee or official of the opposite sex to assist him or her in the investigation. The investigation will include an interview with the individual(s) who made the initial report, the person(s) toward whom the suspected harassment was directed, and the individual(s) accused of the harassment. Any other person who may have information regarding the alleged sexual harassment may also be interviewed. C. Preparation of a Written Report. The person responsible for investigating the complaint shall prepare a written report within ten (10) working days of his or her notification of the suspected harassment, unless extenuating circumstances prevent him or her from doing so. The report shall include a finding that sexual harassment occurred, sexual harassment did not occur, or there is inconclusive evidence as to whether sexual harassment occurred. A copy of the report will be given to the i�idividual(s) who made the initial report, the person(s) to whom the suspected harassment was directed, and the individual(s) accused of the harassment. D. Keeping of Records and the Confidentiality of Such Records. Employees or other persons who report incidents of sexual harassment are encouraged to keep written � 66 Illinois. Complaint forms can be requested or charges may be filed by telephone by calling �� (312) 814-6200. When a complainant wishes to make a charge by telephone, an IDHR employee will draft a charge and mail it to the complainant for approval and signature. The cllarge will be treated as properly filed when it is returned to the IDHR fully executed. The charge must be in writing and it must be signed by the complainant under oath. In addition, the charge must set forth the facts of the alleged harassment in sufficient detail as to apprise the other parties of the time, place, and facts of the alleged harassment. Within l 0 days from the date a charge is filed, the IDHR will serve the charge on the party accused of the harassment. The accused party must file a response to the charge within 60 days from the date the charge was filed and serve a copy of the response on the complainant. The complainant is then given 30 days to file a reply if he or she chooses to do so. The IDHR will then schedule a fact-finding conference. Both the complainant and the accused are required to attend the fact-finding conference. At this conference, the basic facts of the allegations and the possibility of settlement are discussed. These fact-finding conferences are generally informal in nature and are conducted by an IDHR investigator. Either party may be accompanied by an attorney, but the investigator should be contacted in advance if the party wishes to present testimony of other witnesses. If a charge is not resolved through the fact-finding conference, the IDHR may continue the investigation. Additional investigation may include interviewing witnesses, inspecting \.. documeiits, or even an on-site inspection if the investigator deems it appropriate. At the conclusion of the investigation, the investigator will prepare a written report suminarizing the facts. If the investigator finds that there is not substantial evidence of sexual harassment, the charge will be dismissed subject to review by the Illinois Human Rights Commission ("IHRC"). If the investigator finds that there is substantial evidence of sexual harassment, an IDHR staff attorney will be assigned to the case. The IDHR attorney will attempt to settle or "conciliate" the matter. If settlement is not reached, the IDHR attorney will file a formal complaint with the IDHR. If the IDHR has not acted on a charge of sexual harassment within 300 days froin the date the charge was filed, the complainant may, within 30 days, file his or her own complaint directly with the IHRC. The Chicago office of the IHRC is also located at 100 West Randolph, Chicago, Illinois, and may be reached by calling (312) 814-6269. When a complaint is filed with the IHRC, either by an IDHR attorney or a complainant, the IHRC must serve the complaint on the party charged with the harassment. At the time the complaint is served, the IHRC also includes a notice which sets the case for hearing before an administrative law judge on a date between 30 and 90 days thereafter. The party charged with harassment is given 30 days to file a written response. After the complaint and response have been filed, the parties are permitted to engage in � 68 SECTION 32 - FUNERAL LEAVE �.. In the event of t'Ze death of an immediate family member, an employee may be permitted to be absent from his/her job for an appropriate number of days up to three (3) consecutive work days off within ten (10) days following the death with the City's approval and receive regular straight- tiine pay. For purposes of this section, immediate fainily shall include only the following persons related by blood, marriage or law to the einployee: parents, spouse, children, siblings, inother-in- law, father-in-law, brother-in-law, sister-in-law, spouse's child, spouse's grandparent, grandparents, and grandchildren. In the event of the death of an extended family member, an employee may be permitted to be absent from his/her job for one (1) workday with the City's approval and receive regular straight-time pay. For purposes of this section, "extended family" shall include a daughter-in-law or son-in-law. Any absence to attend the funeral of anyone who is not a member of the an employee's iminediate or extended family may be arranged with the City, without pay, but previously accrued and unused vacation leave or personal time may be utilized in such case with the consent of the City. An employee shall provide satisfactory evidence of the death and of the employee's attendance at the funeral if so requested by the City. At the City's discretion, an employee may be permitted to use accrued sick leave up to a maximum of five (5) additional days, in connection with funeral leave days to extend funeral leave. � � 70 SECTION 34 - MILITARY SERVICE LEAVE OF ABSENCE �\.. Military leave and re-employment rights will conform with federal and state law. � � � 72 SECTION 36 - SECURITY INSPECTION POLICY �`- The City wishe� to maintain a work environment that is free of illegal drugs, alcohol, unauthorized firearms, explosives, or other improper materials. To this end, the possession, transfer, sale, or use of such materials on City premises or while on work time is strictly prohibited. Further, City vehicles, desks, lockers, files, other storage devices, computers, computer files, e- mail and all other City property which may be provided for the use of employees remains the sole property of the City. Accordingly, such property and materials, as well as any articles found within them, wiil be inspected by the City in its discretion at any time, either with or without prior notice. Employ�es have no privacy right to such property. All City property requiring to be locked will be provided with locks supplied by the City and no employee may lock any City property with any lock not belonging to the City. Any unauthorized and/or illegal articles or evidence of illegal activity discovered may be reported to law enforcement representatives. Any City employee who is found in possession of prohibited articles may be subject to disciplinary action up to and including termination of employment.. � � 74 beneficiaries oi�ly if they were covered under the group health plan on the day before the ��.. event triggeriny eligibility for COBRA coverage. Effective January 1, 1997, the definition of a qualified beneficiary has been changed to include a child who is born to or placed for adoption with .►n individual�vho is already receiving COBRA coverage. Under COBRA, you or your family member has the responsibility to inforni the City's Plan Administrator of a divorce, legal separation, or a child losing dependent status under the City's group health insurance plan. Such notice must be made within 60 days of the event or the date on which coverage would be lost because of the event. Health care continuation rights also are available to covered retirees, their spouses, and widows or widowers of covered retirees, if they should lose group health coverage in the event that the City should ever file for bankruptcy. When the City's Plan Administrator is notified that one of the above named events has happened, the Plan Administrator will in turn notify you and your family members about the right to choose continuation coverage. Under the COBRA law, you and your family members have at least 60 days from the date coverage would be lost because of one of the events described above to infornl the Plan Administrator that you and/or a family member wants continuation coverage. If you or your family members do not choose continuation coverage, the group health insurance coverage will end. `., If you or your family members choose continuation coverage, the City is required to give you and your family members coverage which, as of the time coverage is being provided, is identical to the coverage provided under the plan to similarly situated employees or family members. The COBRA law requires that you and your family members be afforded the opportunity to maintain continuation co��erage for 36 months (i.e., 3 years) unless you lost group health coverage because of a termination of employment or reduction in hours. In tl�at case, the required continuation coverage period is 18 months. The 18-inonth period may be extended to 36 months if a second event (e.g., divorce, legal separation, death, or Medicare entitlement) occurs during that 18-month period. Note: If a qualifying event occurs less than 18 months after the date you become entitled to Medicare benefits, the coverage period for qualified beneficiaries other than yourself is extended to 36 months from the date of your Medicare entitlement. Moreover, the 1�3-month period may be extended for an additional 11 months (for a total of 29 months) if an individual is determined to be disabled (under the rules for Social Security disability benefits) and the City's Plan Administrator is notified of that determination within 60 days. The affected individtial also inust notify the City's Plan Administrator when it is determined (for purposes of Social Security disability benefits) that the individual is no longer disabled. Note: COBRA had required that an individual be disabled at the time of termination of employment or reduction in hours of employment to receive 29 months of extended disability � 76 � Appendix A City of McHenry, Illinois Employee Internet Policy OVERVIEW The Internet is a useful research and communication resource which may be provided to City employees for uses related to municipal business. Access to the Internet provides may provide e-mail capabilities for contacting outside resources and access to databases for research and informational purposes. This policy is intended to prevent the misuse of Internet access, specifically as it pertains to the following unacceptable practices: 1. Improperly downloading files that contain viruses which may contaminate the City's computer systems and databases; 2. Accessing objectionable or improper material; 3. Use of work time to access non-work related information or to "surf" the Internet; 4. Misrepresenting an individual's opinion as City policy. � Each individual user is responsible for the appropriate use of this resource as described in the Employee Internet Policy. STATEMENT OF PURPOSE To ensure that use of the Internet among employees of the City of McHenry is consistent with City policies, all applicable laws, and the individual user's job responsibilities and to establish basic guidelines for appropriate use of the Internet. POLICY 1. Employee Internet access must be authorized by the City Administrator or his designee. A condition of authorization is that all Internet users must read a copy of this policy and any applicable department policies on Internet use. 2. Access to the Internet via City equipment can only be used for City related business. The user cannot disrupt or interfere with the work performed by users of the City's own computer system or misrepresent the interest of the City. Internet access for personal use is prohibited. � i � D. Resources which are not used for a clear City purpose must not be accessed or downloaded withour prior approval of a Department Head. E. Users shall not copy, install, or use any software or data files in violation of applicable copyrights or license agreements 8. E-mail messages and the transfer of information via the Internet is not secure. Any �:mployee preparing to transmit confidential information must do so using more traditional methods of transmittal (e.g., fax, U.S. Postal Services, etc). 9. No person without specific authorization shall read, alter, or delete any other person's computer files or e-mail. This applies regardless of whether the computer's operating system permits these acts. 10. The Internet must be treated as a forinal communications tool like telephone, radio and video communications. Therefore, each user is responsible for complying with this and all other relevant policies when using City resources for accessing the Internet. Use of these same resources in violation of this policy may i-esult in disciplinary action up to and including discharge. � �. iii � 9. Notwithstanding the City's right to retrieve and read any e-mail message, such messages should be treated as confidential by other employees and accessed only by the intended recipient. Employees are not authorized to retrieve or read any e- mail messages that are not sent to them. Any exception to this policy must recei��e prior approval by the Administrator. - 10. Empl��yees shall not use a code, access a file, or retrieve any stored information, unles;; authorized to do so. Employees should not attempt to gain access to anoth�r employees messages without the latter's permission. 11. Any employees who discover a violation of this policy shall notify the City Administration. 12. Any employee who violates this policy or used the e-mail system for improper purposes shall be subject to discipline up to and including discharge. � � ii ( � ( ( . ADMINISTRATION OFFICE CITY ADMINISTRATOR ADMINISTRATIVE SECRETARY ASSISTANT CITY ADMINISTRATOR PAYROLU PERSONNEL ACCOUNTS SENIOR PART-TIME CLERK PAYABLE CLERK ACCOUNTANT CLERK os�zvoo City of McHenry, Illinois � � � Personnel Policies and Procedures Acknowledgement Form Employee Naine (Print) I do hereby certify that I have received the City of McHenry Personnel Policies and Procedures adopted on , 2000. I certify that I have received the complete page manual. I furthermore specifically acknowledge, in accordance with state statutes, that I have received the policy statement of the City of McHenry in compliance with the Drug Free Work Place Act (which is Section 2.2 of the Personnel Policies and Procedures); that I will abide by the terms of the Drug Free Work Place Act policy statement; that I will notify the City of any criminal drug statute conviction for a violation occurring in the work place or at a City work site no later than five (5) days after the conviction; and that I will, if convicted of a criminal drug statute violation as the result of conduct occurring in the work place or at a City work site and given the opportunity to do so, satisfactorily L. participate in a drug abuse assistance or rehabilitation program and provide the City with proof of satisfactory participation and completion of such a program. I ALSO ACKNOWLEDGE THAT THE CITY OF McHENRY PERSONNEL POLICIES AND PROCEDURES AND THIS ACKNOWLEDGEMENT FORM ARE NOT EMPLOYMENT CONTRACTS AND THAT MY EMPLOYMENT WITH THE CITY IS AT-WILL. (Signature of Employee) (Departmeni) (Date) �