Ord 2308 - Personnel Manual
COUNCIL BILL NO. 2366
ORDINANCE NO. 2308
AN ORDINANCE ADOPTING WOODBURN PERSONNEL POLICIES AND
PROCEDURES MANUAL FOR CITY EMPLOYEES, AND REPEALING ORDINANCE
NO. 2065.
WHEREAS, human resources decisions in the City of Woodburn are guided by
the Woodburn Personnel Policies and Procedures Manual, State and Federal law, and
collective bargaining agreements; and
WHEREAS, the Woodburn Personnel Policies and Procedures Manual was
adopted in June, 1991; and
WHEREAS, it is understood that the Manual requires revisions and updating
from time to time in order to remain effective in assisting City personnel in answering
daily operating questions and in making routine management decisions, and to remain
consistent with applicable State and Federal law; and
WHEREAS, the City's executive management and AFSCME union
representatives were afforded the opportunity to review and comment on the proposed
revision; NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The Woodburn Personnel Policies and Procedures Manual revision,
a copy of which is attached and incorporated by this reference, is hereby adopted and
made applicable to city employees as provided therein.
Section 2. Ordinance 2065 is hereby repealed.
<n.rru-~
Approved as to form:
/ - e:; ~ 2002-
Date
APPROVED:
City Attorney
~
Passed by the Council:
January 14, 2002
Submitted to the Mayor:
January 15, 2002
Approved by the Mayor:
January 15, 2002
Filed in the Office of the City Recorder:
January 15, 2002
ATTEST:
Page 1 - COUNCIL BILL NO 2366
ORDINANCE NO. 2308
~. ~
Mary ~t, City Recorder
City of Woodburn, Oregon
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Personnel Policies
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THE CITY OF WOODBURN
Personnel Policies and Procedures Manual
TABLE OF CONTENTS
Table of Contents
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Introduction ........................................................ . . . . . . .
1 General Provisions .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 2
1 .1 Responsibilities and Objectives ......................................... 2
1.2 Personnel Administration Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2
1.3 Labor Relations Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3
1.4 Amendments and Revisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 3
1.5 Interpretations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 4
1 .6 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
1.7 Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
1 .8 Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
1.9 Categories of Employees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
1 .10 Applicability......................................................... 4
1.11 Personnel Action Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 5
1.12 Personnel Records .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 5
2 Definitions ........................................................... 7
3 Employee Selection Procedures ........................................ 9
3.1 Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
3.2 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
3.3 Process Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
3.4 Position Vacancy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9
3.5 Order of Consideration ................................................ 9
3.6 Posting Job Announcements ................................ . . . . . . . . .. 10
3.7 Applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
3.8 Screening Applicants ................................................ 10
3.9 Prerequisites for Employment. . . . . . . . . . .1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
3.10 Disqualification of Applicants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11
3.11 Selection........................................................... 1 1
3.12 Eligibility Lists ........................................................ 11
3.13 Hiring Process ....................................................... 11
3.14 Equal Employment Opportunity. . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . .. 13
3.15 Residency Encouraged. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13
3.16 Nepotism Prohibited ................................................. 13
4 Classification Plan ................................................... 15
4.1 Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
4.2 Amendment to Plan ................................................. 15
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4.3 Allocation of Positions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15
4.4 Position Specifications ................................................ 1 7
4.5 Use of Classification .................................................. 17
5 Orientation and Training .............................................. 18
5.1 Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
5.2 Definition of Training .................................................. 18
5.3 Orientation of New Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 18
5.4 Identification of Training Needs ........................................ 18
5.5 Employee Request for Training ......................................... 18
5.6 Training Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
5.7 Tuition Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
6 Probationary Period .................................................. 20
6.1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
6.2 Employment At-Will During the Probationary Period ....................... 20
6.3 Duration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
6.4 Action at End of Probationary Period ................................... 20
6.5 Fringe Benefits During Probationary Period ............................... 21
7 Employee Career Status .............................................. 22
7.1 Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
7.2 Appointments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
7.3 Prohibitions During Certain Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
7.4 Promotions or Transfers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
7.5 Demotions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
7.6 Resignations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
7.7 Layoffs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
7.8 Recalls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
8 Compensation Plan .......................;.......................... 27
8.1 Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
8.2 Benefits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
8.3 Maintenance of Plan ................................................. 27
8.4 Administration of Plan ................................................ 27
8.5 Cost of Salary Increases. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
8.6 Salary Range Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
8.7 Rates of Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
8.8 Overtime Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
8.9 Additional Hours Policy for Overtime Exempt Employees . . . . . . . . . . . . . . . . . . . 32
8.10 Acting-in-Capacity Assignment ........................................ 32
8.11 Standby Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
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8.12 Wage and Salary Administration .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 33
8.13 Reimbursement for Travel and Conference Expenses ..................... 34
9 Group Benefits ...................................................... 36
9.1 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
9.2 Eligibility. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
9.3 Coverage During Leaves of Absence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 36
9.4 Health Insurance Programs ........................................... 36
9.5 Life and Accidental Death and Dismemberment Insurance ............... 36
9.6 Long Term Disability Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 37
9.7 Workers' Compensation .............................................. 37
9.8 Retirement Plan ..................................................... 37
9.9 COBRA Benefits - Continuation Coverage of Health Insurance ............. 38
9.10 Section 125 Flexible Benefits Plan ...................................... 38
9.11 Deferred Compensation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 38
9.12 Additionallnformation ............................................... 38
10 Leaves of Absence .................................................. 39
10.1 Holiday Leave. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 39
10.2 Vacation Leave ..................................................... 40
10.3 Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 42
10.4 Other Leaves of Absence With Pay. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 44
10.5 Leaves of Absence With or Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 45
10.6 Leaves of Absence Without Pay ....................................... 45
10.7 Medical Leaves of Absences for Occupational Disabilities. . . . . . . . . . . . . . . .. 46
10.8 Emergency Situations ................................................ 46
10.9 Inclement Weather .................................................. 47
11 Employee Conduct .................................................. 49
11.1 Policy.............................................................. 49
11.2 Attendance and Punctuality ......... . i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 49
11.3 Personal Appearance and Conduct ................................... 49
11.4 Improper Employee Conduct ......................................... 49
11.5 Witnessing Improper Actions .......................................... 51
11 .6 Gifts and Gratuities .................................................. 51
11.7 Outside Employment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 51
11 .8 Solicitation on City Property ........................................... 52
11.9 Vehicle Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 52
11.10 Telecommunications Use ............................................. 53
11 .11 Political Activity ..................................................... 55
11 .12 Cost and Environmental Consciousness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 55
11 .13 Harassment Policy ................................................... 56
11.14 Workplace Violence ................................................. 56
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11.15 Medical and Psychological Exams ..................................... 57
11.16 Workspace Inspections ............................................... 57
11.17 Drug Free Workplace Requirements .................................... 57
12 Discipline and Grievance Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
12.1 Discipline Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
12.2 Grievance Procedure ................................................ 61
13 Safety fRisk Management ............................................. 65
13.1 Policy Statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
13.2 Safety Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
13.3 Accident Reporting and Investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
13.4 Violation of the Safety Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
13.5 Employee Health and Wellness ........................................ 66
14 Network User's Policies ............................................... 68
14.1 Policy.............................................................. 68
14.2 Network Administration ............................. ~ . . . . . . . . . . . . . . . . . 68
14.3 Procedures.......................................................... 68
14.4 Summary ........................................................... 73
15 Additional Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
15.1 Sick Leave Bank ..................................................... 75
15.2 Family Medical Leave Policy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
15.3 COBRA Benefits - Continuation Coverage of Health Insurance ............. 85
Appendices .............................................................. 89
A Employee Categories. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
B Conditional Offers of Employment - Required ACtions . . . . . . . . . . . . . . . . . . . . . 92
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INTRODUCTION
The greatest asset of the City of Woodburn, as an organization, is its human resources __
the employees who perform all those tasks to deliver municipal services and exercise
government functions. To insure the employment of qualified individuals and that
employees be treated fairly and objectively, it is vital that an organization have well-
defined personnel rules.
The purpose of this personnel policies and procedures manual is to provide systematic
and equitable procedures and regulations relating to the hiring, compensation, hours of
work, leave, safety, training, working conditions, promotion, transfer, discipline, removal
and other matters affecting the status of employees of the City. Said rules and regulations
are provided to maintain uniformity and equity in personnel matters which will make the
City service attractive as a career and to encourage each employee to give his/her best
service to the City. Management and employees are to use this manual as both a
resource and guide when approaching personnel issues.
While this manual is comprehensive in its approach, it is obviously not possible to
anticipate every situation that may arise in the work place or to provide information that
answers every possible question. In addition, circumstances will undoubtedly require that
policies, practices, and benefits described in this manual change from time to time.
Accordingly, the City reserves the right to unilaterally modify, supplement, rescind or
revise any provision of this manual from time to time as it deems necessary or appropriate
in its discretion. Management and employees will be advised of changes which occur.
The City is constantly striving to improve the services that it provides to its customers, and
foster positive relations with its employees based on a strong foundation of policies and
procedures. Management and employees should bring suggestions for improvements
to the attention of their supervisors or department heads. By working together, the City
hopes that it will share with its employees a sincere pride in the work place and the
services we are all here to provide.
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Personnel Policies and Procedures Manual
1 GENERAL PROVISIONS
1.1 RESPONSIBILITIES AND OBJECTIVES. This manual contains personnel policies and
procedures to be followed in the daily administration of personnel matters.
These written procedures are intended to increase understanding, eliminate the
need for personal decisions on matters of City-wide policy, and help to assure
uniformity throughout our organization. It is the responsibility of every member of
management to administer these policies in a consistent and impartial manner. A
copy of this manual should be available upon request to employees to read any
policies of interest in detail. It is essential that employees understand the policies
contained herein.
With the adoption of these personnel policies and procedures, the following
objectives for a City-wide system of personnel administration will be implemented:
A. Provide and maintain a system of personnel administration, including appeal
procedures in which the appointment of persons to, and the dismissal of
persons from, City employment shall be affected on the basis of merit and
fitness. The personnel system must also be administered in a manner
consistent with State and Federal guidelines, and in compliance with the
Equal Employment Opportunity Act.
B. Establish and maintain a position classification plan which shall group all
positions in City employment into classifications based upon their duties,
authorities, and responsibilities.
C. Provide for a compensation plan for all City employees, and maintain
uniformity and equity in compensation.
1.2 PERSONNEL ADMINISTRATION ORGANIZATION. Administration of the Personnel
Policies and Procedures Manual (also called Personnel Manual), established by the
Personnel Ordinance, shall be the responsibility bf the City Administrator. The City
Administrator may delegate to the Human Resources Officer the responsibility for
assisting the Department Heads in the daily administration of the Personnel
Ordinance. The Human Resources Officer shall:
A. Administerthe provisions of the Personnel Ordinance and Personnel Manual.
B. Prepare and recommend revisions and amendments to the Personnel
Manual.
C. Maintain and monitor the City's compensation and classification plans.
D. Perform such other related duties as may be directed by the City
Administrator.
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1.3 LABOR RELATIONS POLICY. It is the objective of the City to establish a labor relations
policy in the City of Woodburn. The foundation of the labor relations policy is
consistency, credibility, and fairness.
To make this policy work for the benefit of the employees, the unions and
management. the following personnel policies and practices must be followed and
ad ministered:
A. The City shall maintain Management's right to manage, and no department
will establish practices without prior approval from the City Administrator that
will affect Management rights.
B. Managers and Supervisors shall not enter into any side agreements that
clarify or supplement the existing labor contract without prior approval of the
City Administrator.
C. All Management and Supervisory personnel of the City must be familiar with
contract provisions and administer those contracts fairly and consistently.
D. Disciplinary policies shall be enforced in an objective, fair, progressive, and
corrective manner.
E. The application of provISions of the Personnel Policies and Procedures
Manual to bargaining unit members shall be pursuant to Section 1.10.
F. Supervisors shall respond to complaints within the time frames provided or,
where no specific time frame is provided, within a reasonable time.
G. All Management and Supervisory personnel must exercise extreme caution
on a daily basis, to avoid establishing practices which may be inconsistent
with prior practices.
H. Document all decisions, agreements, and enforcement administration of the
present labor agreement in writing.
1.4 AMENDMENTS OR REVISIONS. Procedures and practices in the field of personnel
relations are subject to modification and further development in light of
experience, legislation, and court decisions. Also, changes in policy, intent,
interpretation, and administration will occur periodically. As such, the City reserves
the right to unilaterally modify, supplement, rescind or revise any provision of this
manual from time to time as it deems necessary or appropriate in its discretion. All
changes will be recorded in the form of amendments to the manual. Each
Executive Management member can assist in keeping the manual up-to-date by
notifying the Human Resources Office when problems are encountered, or when
improvements can be made. It is the responsibility of all managers and supervisors
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to ensure that the manual is kept current, and the policies are communicated and
understood by employees. They should be interpreted and administered fairly and.
consistently.
Amendments to the Personnel Manual shall be handled administratively if such
changes are made to update existing policies to mandated regulations or
clarifications. The addition of policies, or changes which alter the major meaning
of existing policies, will be handled by Council Resolution.
1.5 INTERPRETATIONS. The City Administrator shall have the power to interpret the strict
application of the provisions of this Manual in any case in which the strict
application of said provision(s) would result in practical difficulties or unnecessary
hardships.
1.6 DEFINITIONS. Definitions for certain terms used in this Manual can be found in
Section 2.
1.7 SEVERABILITY. If any section or part of a section of this Manual is held by any court
to be invalid or unconstitutional, the same shall not invalidate or impair the validity,
force and effect of any other section of this Manual unless it clearly appears that
such other section or part of a section is wholly or necessarily dependent for its
operation upon the section or a part of a section so held invalid or unconstitutional.
1 .8 EFFECTIVE DATE. This policy manual is effective on February 15, 2002. This Manual
supercedes all previous statements, memos, policies and practices that are in
conflict with its provisions.
1.9 CATEGORIES OF EMPLOYEES. All employees in the City are assigned to one of the
following categories: Executive Management, Management, Supervisory,
Administrative and Professional, Confidential, Non-Union, and Union. Definitions,
job assignments, and job classifications within selected categories are found in
Appendix A.
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1.10 APPLICABILITY. The provisions of this Manual shall apply to all positions and offices
in the City, with the following exceptions:
A. Officials elected by the people, and members of boards and commissions:
B. Any section, subsection, sentence, clause or phrase of this Manual that is
found to be inconsistent with the expressed terms of a properly negotiated
and ratified collective bargaining agreement, between the City of
Woodburn and a duly certified bargaining representative and any other
provision contained herein, the application of which would be inappropriate
either because of alternate provisions contained in such a collectively
bargained agreement or arising out of the City's obligation to bargain over
such items, shall not apply to those employees subject to such collectively
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bargained agreements.
C. Section 12, the Discipline and Grievance Procedures (and specifically the
appeal of termination). does not apply to the City Attorney, Municipal
Judge, and employees who are probationary, limited term/temporary, part-
time, project, or under an employment contract that identifies their status as
at-will. Said employees serve at the pleasure of the Appointing Authority.
1.11 PERSONNEL ACTION FORMS. The Personnel Action Form is to be completed in full
by the operating department for all personnel actions. The Personnel Action Form
must be completed and processed through the Human Resources Office prior to
implementation. In the case of new employees, it will be the operating
department's responsibility to submit the Personnel Action Form prior to, and
preferably no less than three days prior to, the effective date of the action being
requested. However, the Personnel Action Forms, along with the annual
evaluation may be submitted up to ten days after the employee's anniversary date.
1.12 PERSONNEL RECORDS. The Human Resources Officer shall initiate and maintain a
personnel file for each employee of the City. This collection of files shall be kept in
the Human Resources Office. The personnel file will contain the employee's name;
positions and departments to which the employee has been assigned while
employed by the City; employment application materials; notification of
employment; salary history; changes in employment status; performance, progress,
and merit evaluations; training records; written disciplinary actions; written
commendations; and any other pertinent information required to allow the City to
comply with Federal, State, and other agency laws, rules, and regulations.
Department Heads may maintain a duplicate record of required training for
employees in their department.
A. Employee personnel records are confidential and shall be accessible only
to the following persons/agencies:
· The employee
· The City Administrator
· The Human Resources Officer
· Confidential employees in Human Resources designated by the
Human Resources Officer
· The employee's Department Head
· The employee's Supervisor
· Federal, State, and other agency representatives that have lawful
access to the records
· Legal counsel employed by the City
B. No portion of the employee's personnel file shall be made available to any
other person than those listed above without the written consent of the
employee or by order of a court of competent jurisdiction. Inspection of
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personnel files may only occur with the permission of the Human Resources
Officer or his/her designee. Such files shall not be removed from City Hall
except as ordered by a court of competent jurisdiction.
C. An employee may place pertinent and appropriate information in their
personnel file with the approval of the Human Resources Officer and/or
Department Head.
D. Any general inquiries regarding either current or former employees shall be
limited to the following information, unless authorization has been made by
use of the City's Reference Consent Form:
· Verification of the individual's employment status with the City
· Verification of the employee's starting and ending date of
employment
· Verification of the positions the employee has held while employed by
the City
· Verification of the employee's salary range
E. An employee may obtain copies of any portion of their personnel file by
making a written request to the Human Resources Office.
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2 DEFINITIONS
ACTlNG-IN-CAPACITY ASSIGNMENT When an
employee is assigned to perform the full range of
duties and responsibilities, and assigned the
authority of a position in a higher class.
ADMINISTRATIVE LEA VE leave of absence with pay
for executive employees ineligible for overtime
cash compensation.
ALLOCATION The assignment of an individual
position to an appropriate classification on the
basis of the kind, difficulty, and responsibility of the
work actually performed in the position.
ANNIVERSARY DATE The first day of the month
following date of appointment.
APPOINTING AUTHORITY Any person or persons
vested with the authority to employ a person in a
position in the City service.
APPOINTMENT The filling by the Appointing
Authority of an authorized position properly
authorized by the City Administrator.
Appointments include full-time, probationary,
limited term/temporary, part-time. and project.
Status levels of employment with the City are as
follows:
Full Time: A position which is scheduled for an
average of twenty (20) or more continuous hours
per week for a period longer than nine (9) months.
Probationary: A full-time employee who is
performing in a working test period during which
time he/she serves at the pleasure of the
Appointing Authority.
Regular: A full-time employee who has completed
his/her probationary period.
Part-time: A position which is scheduled normally
for an average of less than twenty (20) hours per
week for a period of nine (9) months or longer. This
service is at the pleasure of the appointing
authority.
Limited Term/Temporary: A full-time or part-time
position which is normally seasonal, is not
budgeted throughout the fiscal year, and which
will not normally last longer than nine (9) months.
This service is at the pleasure of the appointing
Revised January 2002
authority.
Project: Temporary appointments longer than nine
(9) months where the funding support is derived
from a specific, dedicated revenue source
associated with a special project, either capital or
operational in nature. This service is at the
pleasure of the appointing authority.
AT-Will EMPLOYEE An employee who serves at the
pleasure of the Appointing Authority. This includes
the City Attorney, Municipal Judge, and
employees who are probationary, limited
term/temporary. part-time. project. or under an
employment contract that identifies their status as
at-will.
AUTHORIZED POSITION A position authorized
through the budget process, and approved by the
City Administrator and City Council.
CITY ADMINISTRATOR The chief executive officer
and head of the administrative branch of the City
government who is responsible to the City Council
for the proper administration of City affairs.
CLASSIFICATION A single position or a group of
positions in the City, sufficiently alike in duties,
authority. and responsibilities that the same
qualifications may be required, and the same rate
of pay can be equitably applied to all positions in
the group.
COMPENSATORY TIME Time-off provided to an
employee to compensate him/her for hours of
work performed which are in excess of forty (40)
hours per week. Accrual of compensatory time will
be based on straight or one and one-half time,
dependent upon the eligibility of the employee.
Time taken off by an employee is charged off on
a straight time basis.
COUNCIL The Woodburn City Council.
CONTINUOUS SERVICE An employee's work record
in a regular budgeted position that has no break in
service other than approved leave with pay, or
approved leave without pay for a period not
exceeding forty-five (45) days.
DEMOTION The movement of an employee from
a position in one classification to a position in
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another classification having a lower salary range.
A non-disciplinary demotion shall not reflect
discredit on an employee.
HUMAN RESOURCES OFFICER The City
Administrator, or the individual appointed by the
City Administrator and delegated with the
responsibility of administering the Personnel
Manual and Ordinance.
JOB EVALUATION The process of determining the
proper classification, rating, or value of an
individual job in relation to other jobs within and/or
outside of the organization.
LA YOFF A separation from service because of lack
of funds or materials, abolishment of position, or for
other reasons not reflecting discredit on an
employee.
OVERTIME EXEMPT EMPLOYEE Employee who is not
required to receive overtime compensation based
on criteria established within the Fair Labor
Standards Act and Oregon State Bureau of Labor
Administrative Rules.
PERFORMANCE EVALUATION DATE The date or
time at which an employee becomes eligible for
merit increase consideration. This is expressed as a
specific date for full-time employees and as
equivalent cumulative hours for part-time
employees. For employees at the top step of their
salary range, the performance evaluation date will
only reflect the date on which their job
performance is to be evaluated.
PERSONNEL ACTION Any action taken with
reference to appointment, compensation,
promotion, demotion, transfer, layoff, dismissal, or
any other action affecting status of employment.
PERSONNEL ACTION FORM. A form initiated and
authorized by an Appointing Authority for any
action taken with reference to appointments,
compensation, promotions, transfer, layoff,
dismissal. or any other action affecting status of
employment or other changes in the employee's
personnel records.
PERSONNEL FILE OR PERSONNEL RECORDS Those
confidential records maintained and controlled by
the Human Resources Officer.
PERSONNEL ORDINANCE Ordinance adopted by
Personnel Policies and Procedures Manual
, the City Council. establishing a system of personnel
administration.
POSITION A set of tasks, duties, and responsibilities
assigned to one person within a classification by
authorized management personnel.
POSITION SPECIFICATION The written description of
a position containing title, duties, and
responsibilities, and minimum qualification
requirements, to include knowledge, skills, abilities,
training, experience, and licensing.
PROBATIONARY PERIOD The final phase of the
selection process, a "working test period" during
which an employee is required to demonstrate, by
actual performance of the duties, fitness for the
position to which he/she has been appointed.
PROMOTION The movement of an employee from
a position in one classification to a position in
another classification having a higher salary range.
RECLASSIFICATION A change in allocation of an
individual position by raising it to a classification
having a higher salary range, reducing it to a
classification having a lower salary range, or by
moving it to another classification at the same
level on the basis of significant changes in the kind,
difficulty, or responsibility of the work performed in
such a position.
REEMPLOYMENT The appointment of an individual
who previously held regular status.
SENIORITY WITHIN CLASSIFICATION Length of an
employee's continuous service within a
department in his/her job classification and, in
addition thereto, any service in a higher paying job
classification.
SUSPENSION A temporary separation of an
employee from service for disciplinary or non-
disciplinary reasons, with or without pay.
TRANSFER A change of an employee from one
position to another position in the same or different
classification having the same salary range.
VACANCY An established budgeted position
which is not occupied.
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3 EMPLOYEE SELECTION PROCEDURES
3.1 POLICY. The City of Woodburn, as a municipality, falls under state and federal law,
executive orders, and various State legislation concerning hiring practices and
procedures. To achieve compliance with these legal requirements, as well as to
implement a centralized Personnel service to ensure a fair competitive selection
process and to select the best qualified applicant, these procedures are hereby
established.
3.2 PURPOSE. The selection procedures are established to provide the operating
departments with information on the process required to hire for a vacant position.
These procedures are to be followed for all hiring, unless specifically waived by the
City Administrator due to special circumstances (e.g., undue hardship related to
service to the public). These procedures are to provide an orderly process, and to
eliminate misunderstanding, and will establish consistent practices to follo~in hiring
for all City departments.
3.3 PROCESS OVERVIEW. The respective Department Head, with assistance by the
Human Resources Officer, will be responsible for the recruitment process to ensure
a fair and competitive selection procedure to hire the best qualified candidate, as
well as to ensure compliance with applicable Federal and State laws. Any regular
position will be filled as outlined below. Positions such as part-time, limited term, or
other temporary positions will be filled by a similar open competitive process, but
may be altered as determined by the Human Resources Officer in conjunction with
the operating department.
3.4 POSITION VACANCY. When a position (full or part-time) within a department
becomes vacant due to either a termination, new position within the budget, or a
promotion, the department will notify the Human Resources Office by means of a
written request, indicating that the department wishes to fill the vacant position.
Pertinent information regarding salary, recruitment data, and job requirements
should be included. Requests for new positions must be implemented in a manner
consistent with the process detailed in Section 4.3B.
I
A position audit may be conducted by the Human Resources Officer at the request
of a department head, subject to approval by the City Administrator.
3.5 ORDER OF CONSIDERATION. The following order of consideration will be used in
filling vacancies or new positions:
A. Reinstatement of Iniured Workers: Previous employees or employees on
leave of absence due to an on-the-job injury incurred with the City of
Woodburn shall, upon qualifications and demand, be reinstated to suitable
and available work pursuant to statutory requirements. Such reinstatement
shall occur prior to consideration of filling the vacancy through promotion,
transfer, or external recruitment.
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B. Recall Laid-Off Employees: If a vacancy occurs in a classification for which
the recruiting department has a laid-off employee who is eligible for recall,
offer of recall must be made and rejected before the vacancy can be filled
through internal or external recruitment. This provision must be implemented
in a manner consistent with Section 7.8.
C. Internal Recruitment: The respective department may perform an internal
recruitment if three or more applicants exist within the recruiting department
and/or the City workforce that possess the required qualifications, and as
long as it is in the best interest of the City.
D. External Recruitment: The respective department may perform an external
recruitment if the Department Head or City Administrator determine that an
external recruitment is the most effective means to reach the optimal pool
of potential applicants.
3.6 POSTING JOB ANNOUNCEMENTS. Public notice of vacancies may be posted by the
Human Resources Officer at City Hall. In addition, information on position
vacancies will be issued by methods which will best assure its reaching qualified
prospective applicants. All notices will reflect the position description, and indicate
that the City is an Equal Opportunity Employer.
3.7 APPLICATIONS. Applications must be completed and signed by the applicant
using the official City of Woodburn form.
3.8 SCREENING APPLICANTS. The operating department will screen the applications
and determine the best selection method using one or more or any combination
of the following techniques to determine whether applicants possess the
requirements listed in the class specification and/or verified by the position analysis:
· official City of Woodburn application form;
I
· background information including references and previous employers;
· written, oral, and/or performance tests or examinations;
· evaluation of training and education;
· results obtained from the Assessment Center; and
· other job-related selection techniques.
The City reserves the right to request additional information from applicants prior to
closing the applicant screening process. All applicants for appointments,
promotion, or transfer shall possess the qualifications and meet the requirements for
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the class as stated in the class specifications.
3.9 PREREQUISITES FOR EMPLOYMENT. Prerequisites for employment by the City of
Woodburn as a full-time employee are:
A. Employee must have attained the age of eighteen (18) years, unless
otherwise stipulated by applicable law.
B. Employee must be a citizen of the United States, resident alien, or must have
filed an application for citizenship.
C. Employee's experience record must reflect the minimum qualifications
identified in the job description.
D. No person may be an applicant for a position who:
(1) Is a member of the immediate family of the Mayor or a member of the
immediate family of the Council; is related to the City Administrator or
his or her spouse by consanguinity or affinity within the third degree.
(2) Currently holds an elective office of the City or served in the capacity
of an elected official for at least one (1) year after leaving the elected
position.
3.10 DISQUALIFICATION OF APPLICANTS. The operating department may reject the
application of any person who lacks the minimum qualifications for the position, has
made false or misleading statements of any material fact on the application, has
been dismissed for cause, or who has provided unclear or incomplete information.
3.11 SELECTION. Selection of new employees shall be made on the basis of merit.
Applicants who are considered the best qualified will be subject to an oral
interview designed to ascertain their maturity, stability, motivation, and attitudes
toward work. City employees who are among the finalists may be given
preference if, in the City's judgement, th~y are at least as well qualified as any
other finalist. The selection process shall be administered in accordance with, and
in a manner which achieves, the City's Equal Employment Opportunity policy
identified in Section 3.14.
3.12 ELIGIBILITY LISTS. Upon completion of the selection process, applicants who meet
the minimum qualifications for the position may be placed on an eligibility list. The
list may be in effect for a period of six (6) months or until the list is exhausted,
whichever occurs first.
3.13 HIRING PROCESS.
A. Reference Checks: The operating department and hiring authority shall be
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THE CnY OF WOODBURN Personnel Policies and Procedures Manual
responsible for conducting reference checks-contacting references and
former employers to establish a clear understanding of the prospective
employee's past work habits, history, and personal qualities-for all of the
finalists in the selection process. The Human Resources Office will provide
assistance and procedural advice as necessary.
B. Conditional Offer of Employment: Upon satisfactory completion of the
reference checks, the operating department will be responsible for making
the written conditional offer of employment to the prospective employee.
The conditional offer of employment may include anyone or a combination
of the following:
(1) Background Investigations: The City will initiate a background
investigation-conducting an extensive investigation of an applicant's
job and criminal history-for the candidate of choice for positions
identified as "security sensitive" in Appendix B.
(2) Drug and Alcohol Tests: As a drug-free workplace (see Section 11.17),
The City of Woodburn requires a pre-employment drug and alcohol
screen for all prospective applicants. The candidate of choice for a
City position must successfully pass the drug and alcohol screen as a
condition of the job offer. The confirmed presence of any illegal drug
or alcohol in a urine sample will be cause for disqualifying an
applicant.
(3) Medical Examinations: All prospective employees receiving a
conditional offer of employment for a full-time position will be required
to take a job-related medical examination by a City selected
physician prior to employment. Part-time and limited termitemporary
positions may be required, and specific positions shall be required, to
take a job-related physical examination by a City selected physician
prior to employment. Part time or limited term/temporary positions
requiring a medical examination prior to employment are listed in
Appendix B. The full examination findings shall be retained by the
examiner and copies shall not normally be forwarded to the City. The
City shall only receive the examiner's opinion whether the candidate
meets the qualifications for the job in question. Should the candidate
fail an examination, notification will be sent to the applicant, in writing,
by the Human Resources Officer. PsychOlogical/psychiatric
examinations will be conducted using the same process as the
medical examination.
It will be the responsibility of the operating department to pay for the costs
incurred for any of the actions described in Section 3.13.
C. Required Form: The operating department must submit a Personnel Action
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Form to the Human Resources Office prior to the start date for the
prospective employee. A new employee will begin work only after the
Personnel Action Form has been submitted to the Human Resources Office.
The Personnel Action form should be submitted prior to, and preferably no
less than three days prior to, the starting date.
D. Processinq the New Employee: The operating department will arrange an
appointment for the new employee with the Human Resources Office the
first day of employment, or prior to employment, if possible, for processing of
the applicable employment forms.
E. Immiqration Law Compliance: The City is committed to full compliance with
the federal immigration laws. These laws require that all individuals pass an
employment verification procedure before they are permitted to work. This
procedure has been established by law and requires that every individual
provide satisfactory evidence of his or her identity and legal authority to work
in the United states no later than three business days after he or she begins
work. Accordingly, all new hires must go through this procedure.
3.14 EQUAL EMPLOYMENT OPPORTUNITY. It is the policy of the City that all persons are
entitled to equal employment opportunities and benefits regardless of race,
religion, color, sex (includes gender, pregnancy, and sexual orientation), marital
status, political affiliation, national origin, or any other classification protected by
law. Discrimination on the basis of age, relationship, or mental or physical disability
is also prohibited except where a particular position requires a valid occupational
qualification.
Supervisors shall report any acts or complaints of discrimination to the Department
Head or to the Human Resources Officer in accordance with the City's Harassment
Policy detailed in Section 11.13, and shall be responsible for disseminating the
elements of this policy to their employees.
Nothing in this section shall preclude post-employment inquiries for reporting
purposes or to permit the City to evaluate its selection process. Such data shall be
maintained by the Human Resources Officer and shall remain confidential.
3.15 RESIDENCY ENCOURAGED. It is the policy of the City to encourage City employees
to live within the City limits.
3.16 NEPOTISM PROHIBITED. Nepotism is the exercise of preferential selection practices
based upon familial relationship rather than merit. Family, for the purposes of this
policy, consists of the employee's relations such as wife, husband, son, daughter,
mother, father, brother, brother-in-law, sister-in-law, sister, son-in-law, daughter-in-
low, father-in-law, mother-in-law, aunt. uncle, niece, nephew, stepparent. or
stepchild or individuals with whom the employee resides. Appointments, transfers,
and promotions to positions shall be based on merit as determined by a
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comparison of job related qualifications. Discrimination in favor of candidates who
are related to persons involved in, or have an effective influence upon, the
selection of those candidates is prohibited.
No Appointing Authority shall hire, promote, or transfer an individual if such action
would place the individual in a position of exercising supervisory, appointment or
grievance adjustment authority over a member of the individual's family or in a
position of being subject to such authority which a member of the individual's family
exercises.
Nothing in this policy should be construed as to prevent the employment of one or
more than one member of a family in the same department, provided the
employment has been based upon merit principles, employment involves a non-
regular appointment, and direct supervision does not involve a member of the
same family.
___on ___..___~____ ~ _._._._.~.__.__~________.~____~____ ________ _~___ _ ~ ______. _________
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4 CLASSIFICATION PLAN
4.1 POLICY. The Human Resources Officer shall be responsible for the adoption and
maintenance of a City-wide position classification plan, budgeted position
allocations, revisions, and development of class specifications for each
classification. The classification plan provides a complete inventory of all City
positions, with accurate specifications for each classification. The Classification
Plan provides a foundation for establishing and maintaining a Compensation Plan,
as outlined in Section 8. A copy of the classification plan will be provided by the
Human Resources Officer to all operating departments.
It is the responsibility of the operating departments to ensure that employee job
assignments are consistent with the written class specifications, and conform to the
"typical examples of duties" for that classification. Should the department wish to
revise the written specifications, they will notify the Human Resources Officer who
will review the position and, if necessary, make the amendments to the
specifications.
The plan shall have standardized titles, each of which shall be indicative of a
definite range of duties and responsibilities and have the same meaning
throughout City service.
4.2 AMENDMENT TO PLAN. The Human Resources Officer shall conduct classification
studies upon the request of the Department Head, and authorization by the City
Administrator, to amend the classification plan. If the Human Resources Officer
finds that substantial changes in organization, creation or change of position, or
other pertinent conditions make necessary the addition, abolishment,
consolidation, division, or amendment to the plan, such recommendation shall be
submitted to the City Administrator for adoption.
4.3 ALLOCATION OF POSITIONS.
A. Existina Positions: Employees shall be worked within their assigned position
classifications. If an employee is to be assigned a new duty or set of duties,
the supervisor shall review the classification specification to determine if the
duties are appropriate for that employee's classification. Those duties which
should be considered in determining whether the duties are inappropriate
for the classification include greater levels of authority or responsibility. These
greater duties should continue for a prolonged period of six months or longer.
After such review, if there continues to be a question about the
appropriateness of the duty, the supervisor shall request a determination by
the City Administrator prior to the assignment of the duty to the employee.
If the City Administrator determines the duty is inappropriate for the
employee's classification, the Department Head shall request a
reclassification of the position in accordance with Section 4.3C below.
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B. New Positions: When a Department Head requires establishment of a new
position during the budget process, a description of the duties and
responsibilities shall be submitted to the Human Resources Officer for proper
class determination. The request, along with the Human Resources Officer's
recommendation, is then forwarded to the City Administrator for approval.
Requests for new positions shall be based on organization and/or significant
program changes, and/or service needs to the public. Requests for new
positions shall normally be made during the budget development process
for consideration for implementation during the succeeding fiscal year. Such
requests must also be incorporated in the department's budget request.
C. Reclassification of Positions: A reclassification may occur when job content
changes substantially, requiring the position to be assigned to a different
classification and/or pay range.
(1) Reasons for Reclassification: Requests for reclassifications may be
initiated for reasons including: department, division, or program
reorganization; a significant program change; permanent changes in
position duties caused by program growth or contraction; or by
represented or non-represented employees.
(2) Reclassification Request Process: If the duties of an existing position
change sufficiently to warrant a reclassification, the Department Head
shall forward to the Human Resources Officer a request for a
classification analysis. The request must include all requested
supporting documentation required for a decision to be made. In
determining the class to which a position should be allocated, the
Department Head shall avoid the proliferation of "single person
classifications." The Human Resources Officer shall provide for the
thorough analysis of the request, and shall forward the request along
with his/her analysis and recommendation to the City Administrator for
approval. The City Administrator shall notify the Department Head
whether the request has been app~oved, denied, or amended.
(3) Reclassification Timeline: Requests for the reclassification of positions
should be submitted to the Human Resources Officer during the
budget development process. Reclassification requests approved by
the City Administrator will normally become effective on the first day
of July following submission of the request.
(4) Effect of Reclassification on Incumbent: If a position is found to be of
a higher or lower classification, and the incumbent has been
performing the duties of a higher or lower classification prior to the
classification analysis, the incumbent will be reclassified to the higher
or lower classification. If the incumbent has not been performing the
duties of the higher or lower classification prior to the classification
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analysis, the position will be filled through the competitive selection
process. Should the incumbent be unsuccessful in the selection
process, the incumbent would be subject to layoff according to
Section 7.7, or the appropriate collective bargaining agreement.
4.4 POSITION SPECIFICATIONS.
A. Content of Specifications: Each position specification shall include the class
title; general statement of duties; level of supervision; principle duties;
knowledge, skills, and abilities required; and the minimum qualifications a
person should possess to perform the work with reasonable prospects of
success.
B. Interpretation of Specifications: The definitions in position specifications are
descriptive, and not restrictive. They are intended to indicate the kinds of
positions that are allocated to the several classes as determined by duties
and responsibilities, and are not to be construed as declaring what the duties
or responsibilities of any position may be, or as limiting or modifying the
power of any Department Head to assign, direct, and control the work of
employees under his/her supervision. The use of a particular expression or
illustration as to duties shall not be held to exclude others not mentioned that
are of similar kind or quality, nor shall any specific omission necessarily mean
that such factor is not included.
C. Use in Allocations: In determining the classification to which any position
should be allocated, the specification describing each class shall be
considered as a whole. Positions are classified and allocated on the basis
of the predominant duties and responsibilities and most important allocation
factors (positions are not allocated based upon higher level duties which are
performed occasionally or as a small percentage of an employee's total
work assignment).
4.5 USE OF CLASSIFICATION. The classification title shall be the official title of every
position allocated to the classification for the purpose of personnel actions and
shall be used on all payrolls, budget estimates, and official records and reports
relating to the position. Any other working title desired and authorized to be used
by the Department Head may be used as a designation of any position for
purposes of internal administration or in contacts with the public.
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5 ORIENTATION AND TRAINING
5.1 POLICY. The City Administratorshall encourage and promote training opportunities
for all City employees to the end that services they render in the City may be more
effective. The Human Resources Officer shall assist Department Heads in meeting
the training needs of the personnel of the departments; and in cooperation with
Department Heads, shall encourage the development of departmental and inter-
departmental training programs designed to meet personnel needs and to prepare
employees for promotion to positions of greater responsibility. The objective of the
City training program is to improve the ability of City staff to provide effective and
efficient services to the citizens of Woodburn. The City recognizes the training
function to be essential to the development of technical and administrative skills
of City employees.
5.2 DEFINITION OFTRAINING. Training includes all activities designed to orient, update
or develop job-related knowledge and skills of City staff for present and realistically
obtainable potential positions in the City structure. It also includes all training
activities designed to help implement City programs or introduce and maintain City
administrative systems.
5.3 ORIENTATION OF NEW EMPLOYEES. It is the obligation of the Appointing Authority
to familiarize new employees with their rights and obligations, and to inform them
about the general function of City government.
5.4 IDENTIFICATION OF TRAINING NEEDS. City training activities will be scheduled in
response to needs identified by employees and their Supervisors on the City's
performance evaluation report, or needs identified by City management.
5.5 EMPLOYEE REQUEST FOR TRAINING. Requests for training shall be made in writing
to the Appointing Authority prior to incurring the expense. If expenses include
payment for travel, lodging, or meals, the request should specifically include those
items. If the Appointing Authority agrees with the request and determines that the
course meets the eligibility criteria and can be rei1mbursed through funds budgeted
for this course, the request may be approved.
5.6 TRAINING COSTS. Training costs to include instructional fees, lodging, meals, and
travel will be paid by the City if the training is job related and has been approved
by the Department Head. Costs will be the obligation of the department of the
employee receiving the training, and will be implemented consistent with Section
8.13.
5.7 TUITION REIMBURSEMENT. The City of Woodburn may reimburse an employee for
up to 50% of the amount of tuition for courses approved by the City Administrator
which are deemed directly applicable and beneficial to City goals and objectives.
The tuition reimbursement policy will be limited by budgetary resources within the
department.
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A. The City may reimburse an employee for the amount of tuition for approved
courses conducted outside the employee's regular working hours, provided
the employee has made application for approval to the City Administrator
at least ten days prior to the registration for such course.
B. Course work eligible for reimbursement must be completed at a college or
university holding statewide accreditation.
C. Job-related courses which are only offered during regular working hours may
be approved by the Department Head and the City Administrator subject to
the operating requirements of the department. If the course is approved,
leave of absences without pay, and/or vacation time, compensatory time,
or other paid leave time will be made available to the employee.
D. The City may allow time off with pay, and will reimburse an employee for the
., expenses of attending classes, or workshops, when attendance is on an
assignment basis with prior approval of the employee's Department Head.
E. Reimbursement will not include the cost of travel, books, materials, or other
ancillary costs.
F. Reimbursement will be limited to a maximum of six (6) units per semester.
G. Reimbursement for baccalaureate studies shall be based on the average
per-unit registration cost of course work at Portland State University, and
Wester Oregon State University.
H. Reimbursement will be provided upon showing of a successful completion
of course work - i.e., a copy of report card or transcript, and a receipt,
cancelled check, or other proof that registration has been paid by the
employee.
I. Employee will be reimbursed 50% of tuition cost when course work is
completed with an "A" or "B" grade. Tuition will be reimbursed at only 40%
for course work completed with a "C" grade. There will be no
reimbursement for courses completed with a "0" or for failed courses.
J. Employees will be obligated, when deemed applicable, to share the benefit
of their education and training with other City employees.
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6 PROBATIONARY PERIOD
6.1 PURPOSE. The probationary period shall be an integral part of the selection
process, and shall be utilized by the operating department as a working test period
to train and aid the new employee in adjustment to the new position, and to
determine if the employee's performance meets required standards.
6.2 EMPLOYMENT-AT-WILL DURING THE PROBATIONARY PERIOD. The probationary
period gives the supervisor the opportunity to assess the employee's job
performance. It also provides the employee with the opportunity to decide if he
orshe is satisfied with the position. Consequently, the employment relationship with
any employee can be terminated at will, whether by the employee or employer,
with or without cause or advance notice.
This provision does not apply to existing regular employees who have previously
completed a probationary period with the City, and enter into a probationary
period through promotion or transfer. An employee who fails to complete the
probationary period following promotion may be removed from the position
without a statement of cause. The employee so removed shall have return rights
to a classification in which the employee formerly held status, beginning with the
most recently held classification, unless he or she has been dismissed for cause.
6.3 DURATION. All entrance and promotional appointments, excluding Executive
Management, and Police service employees, shall be tentative and subject to a
probationary period of six (6) calendar months of full-time employment and shall
not extend beyond an additional three (3) calendar months in the event an
extension is required. Probationary period for the positions excluded above shall
also be tentative and subject to twelve (12) calendar months of full-time
employment, unless otherwise specified in the relevant labor or employment
contract. Any interruption of service during the probationary period shall not be
counted as part of such period, but shall not exceed six (6) months in duration of
interruption. .
i
6.4 ACTION AT END OF PROBATIONARY PERIOD. Prior to completion of an employee's
probationary period, the Department Head must, through the performance
evaluation process, take one of the following actions:
A. Affirm that the services of the employee have been found to be satisfactory
and recommend that the employee be granted regularstatus in the position.
B. Recommend that the employee's probationary period be extended for a
specific period of time.
C. Recommend that the employee's services be terminated or, in the case of
a promoted employee, returned to his/her previous classification.
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Written confirmation of the change in status, or extension of probationary status,
must be sent to the Human Resources Officer, and in the case of actions 6.4B or
6.4C, to the City Administrator for review and approval or denial. The employee
must also be provided written confirmation of the action taken. Written
confirmation may include the recommendation or affirmation, the written
performance evaluation, and the Personnel Action form.
Employees retain their probationary status, and therefore at-will status, until the
provisions of this section indicating his or her successful completion of the
probationary period are completed.
6.5 FRINGE BENEFIT STATUS DURING PROBATIONARY PERIOD. This section applies only
to new employees serving a probationary period. It does not apply to employees
who are serving a probationary period as a result of being promoted or transferred,
and have already served an initial probationary period.
A. Accrual of Leave: Vacation leave benefits earned in connection with time
worked shall not accumulate during an employee's probationary period. At
the conclusion of the probationary period, the employee's vacation leave
will be credited with the number of hours that would have been earned if
monthly accrual of hours would have been applicable. The employee shall
not be allowed to use vacation leave during the probationary period, unless
otherwise specified in the relevant labor or employment contract.
B. Retirement Proaram: The City provides a retirement plan for employees
under the Oregon Public Employee Retirement System (PERS). Participation
in the plan is mandatory for all eligible employees. Employees will enter the
retirement system upon notification from PERS.
C. City Benefits: Full-time employees will begin receiving benefits as described
in Section 9.
D. Sick Leave: Sick leave is earned at the rate of eight hours for each full month
of service and may be used aftE1r ninety (90) days of employment for
employee illness or serious family illness.
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7 EMPLOYEE CAREER STATUS
7.1 POLICY. Changes in employee career status shall be conducted in a manner that
sustains the City's equal opportunity employment policy (Section 3.14), prohibits
nepotism (Section 3.16), and encourages healthy competition. The City reserves
the right not to fill any position due to economy, lack of funds, operational
efficiency, or other good cause.
7.2 APPOINTMENTS. Appointments to positions with the City of Woodburn are
separated into the following categories:
A. Reinstatement: Should a regular employee of the City wish to be rehired
after voluntary termination, the City may consider the request within a twelve
(12) month period from the date of termination. The employee may be
rehired providing the following conditions are met:
(1) A vacancy exists in, or below, the classification from which he/she
voluntarily terminated.
(2) The employee submits the request in writing to the Human Resources
Officer or the Department Head, within twelve (12) months from the
date of termination.
(3) The employee must have had a minimum of one (1 )year of
satisfactory service in the class occupied when he/she voluntarily
terminated.
(4) The Department Head agrees to the re-employment of the employee
with the approval of the City Administrator.
(5) The employee may be rehired only in, or below, the classification from
which he/she voluntarily terminated.
If the above conditions are fulfilled, the lemployee may be rehired. The
employee must serve a new probationary period and will be considered a
new employee from the effective date of the re-employment for all
purposes, including for purposes of measuring benefits.
B. Limited Term/Temporary Appointments: Limited term/temporary
appointments may be made to prevent undue delay or interference with
necessary public services, orwhen a short-term increase in workload requires
additional employees, provided budgeted funds are available. Limited
term/temporary appointments are limited to nine (9) calendar months, and
said employees serve at the pleasure of the Appointing Authority. All limited
term appointments, or other temporary employments, must be made
through the selection procedure as outlined in Section 3. Limited
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term/temporary appointees may not be rehired to a limited term/temporary
positions within the same classification following completion of their term for
a period of six months.
C. Probationary Full-Time Appointments: Appointments made as a result of
promotion or transfer, or as a new full-time employee, shall be considered
probationary appointments, and the employee shall serve a probationary
period as specified in Section 6. Probationary employees serve at the
pleasure of the Appointing Authority.
D. ReQular Full-Time Appointments: A full-time appointment may be made for
employees who are scheduled for an average of twenty (20) or more
continuous hours per week for a period longer than nine (9) months.
Following the successful completion of the probationary period, a regular
full-time appointment may be made by the Appointing Authority, and carries
with it the rights, privileges, and protections extended to said employees by
the Personnel Manual.
E. Part-Time Appointments: A part-time position is scheduled normally for an
average of less than twenty (20) hours per week for a period of nine (9)
months or longer. Part-time appointments may be made where positions
require someone less than full-time (less than 20 hours per week) on a year-
round basis. Part-time employees serve at the pleasure of the Appointing
Authority.
F. Proiect Appointments: Temporary appointments longer than nine (9) months
where the funding support is derived from a specific, dedicated revenue
source associated with a special project either capital or operational in
nature. This service is at the pleasure of the appointing authority.
7.3 PROHIBITIONS DURING CERTAIN APPOINTMENTS. Personnel appointed as limited
term/temporary, part-time, or project employees shall be restricted or prohibited
from participation in City fringe benefit programs, excluding the retirement
program, and are not subject to the grievpnce procedure (termination appeal).
7.4 PROMOTIONS OR TRANSFERS. The City encourages employees to apply for
promotions to positions for which they are qualified. Promotions and transfers shall
be based on the ability, qualifications, and potential of the candidates for the
positions. City employees who are among the finalists in a competitive selection
process may be given preference if, in the City's judgement, they are at least as
well qualified as any other finalist.
Summaries of positions open within the City are posted on the employment bulletin
board in City Hall. Employees who are interested in posted positions should contact
the Human Resources Office.
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7.5 DEMOTIONS.
A. Voluntarv: When a voluntary demotion occurs, the voluntary demotion will
take precedence over the use of an eligibility list in filling a vacancy. This
action will be made by the operating department with approval by the City
Administrator. Employees returning to a lower classification and salary after
failing to satisfactorily complete the probationary period following a
promotion shall not be considered a demotion for the purposes of this
section.
B. Involuntarv: A regular employee may be demoted by placement in a lower
class with a lower salary rate subject to the process defined in Section
12.1C(4).
7.6 RESIGNATIONS. Any employee may resign from City service by presenting a
resignation in writing to the Deportment Head. To resign in good standing, an
employee must give the Department Head at least two (2) weeks notice, unless,
because of extenuating circumstances, the Department Head agrees to permit a
shorter period of notice. Resignations shall be promptly forwarded to the Human
Resources Office along with a Personnel Action form.
Prior to the employee's date of termination, the Human Resources Officer will be
required to conduct a personal exit interview with the terminating employee. The
purpose of the interview shall be to obtain any City property in the employee's
possession, discuss continuation or conversion options for insurance coverage for
full-time employees, and to seek information that will assist the Department Head,
or his/her designee, in accomplishing goals pertaining to the management of the
department, safety or related matters.
7.7 LA YOFFS. Appointing Authorities may, with the permission of the City Administrator,
layoff employees due to lack of funds, lack of work, reorganization, or other cause.
Employees to be laid off shall be selected on the basis of skill, ability, experience,
and length of service in classification and length of service with the City as judged
in the future staffing needs of the operating defDartment.
Employees classified as limited term/temporary, part-time, project, or probationary
employees serve at the pleasure of the Appointing Authority and are terminated
irrespective of these layoff procedures. Employees who are to be laid off will be
given preferential consideration for vacancies in other departments if the
employee possesses the skill, ability and experience required in the vacant position.
"Bumping" to lower classifications in the same occupational grouping will not be
permitted, unless otherwise specified in the relevant labor contract.
After determining the classification in which the layoff will occur based on the
future staffing needs of the department, all employees in that classification within
the department will be compared on the basis of their level of documented job
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performance during the preceding three years. Such comparisons shall only
include formal reviews of job performance.
Employees within the affected classification shall be ranked in order of their overall
job performance. The employee having demonstrated the lowest level of jOb
performance shall be selected for layoff. In situations where employees have
equivalent levels of job performance, ranking shall be based on seniority within
classification.
Layoff notices shall be provided by the Appointing Authority to affected employees
in writing not less than two weeks before the effective date of such action. The
department shall submit a list to the Human Resources Office, based on the ranking
previously described, containing the names and class titles of persons receiving a
layoff notice. The Human Resources Office will attempt to place the employees to
be laid off in other City departments.
In lieu of layoff, an employee may take a voluntary demotion to a lower class,
requiring similar knowledge, skills, and abilities. This is contingent on availability of
positions, and the employee shall be paid at the range established for the lower
class. The employee may be placed at any step in the range in accordance with
his/her experience, as recommended by the Department Head.
7.8 RECALLS. Employees on layoff status shall be eligible for recall for a period of
twenty-four (24) months from the date of layoff. Such recall shall be instituted in
inverse order of layoff within the job classification and department from which the
layoff occurred.
Employees on layoff status may be afforded preferential consideration for rehire in
departments other than the one in which they were laid off. Such preferential
consideration shall be incorporated prior to an open recruitment being conducted
for the vacant position. Exercise of the preferential rehire option is at the discretion
of the Department Head of the department in which the vacancy exists.
It shall be the laid-off employee's responsijbility to maintain a current address and
telephone number at which he/she may be contacted with the Human Resources
Office as a qualification for eligibility for recall.
Any laid off employee who is offered a position shall notify the Human Resources
Office of his/her acceptance of the offer within three working days from the date
of receipt thereof and be available to report to work within ten working days or
shall forfeit all rights to recall. Refusal of a job offer shall result in his/her recall
eligibility being terminated.
Persons who are recalled during the twenty-four (24) month eligibility period shall
have their sick leave hours at the time of layoff reinstated. Vacation accrual rate
and class seniority upon recall shall be equivalent to those at the time of layoff. No
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seniority or benefits will accrue during layoff. Matters related to the' retirement
program and health insurance coverage may be reviewed individually with the
Human Resources Office.
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8 COMPENSATION PLAN
8.1 POLICY. The City of Woodburn will strive to maintain a compensation plan which
will:
A. provide competitive ways to recruit and retain the best qualified employees;
B. provide for payment of salaries comparable to and competitive with those
paid for similar positions and services in comparable public agencies,
agencies in the surrounding area, and in local private industry;
C. maintain internal relationships between classes based upon internal salary
scales, to provide the necessary structure for the supervisor/employee
relationship;
D. provide for recognition of, and reward for, differences in individual ability
and performance through a merit performance evaluation system; and
E. provide for equal pay for equal work without regard to race, religion, color,
sex (includes gender, pregnancy, and sexual orientation), marital status,
political affiliation, national origin, or any other classification protected by
law.
8.2 BENEFITS. Benefits are considered a form of compensation and, as such, will be
reviewed and maintained at competitive levels. Benefit programs will be reviewed
for adequate performance and service, and the Human Resources Office may,
upon review, recommend alternate programs. The City provides benefits in the
following areas: social security, health, term life, long-term disability, workers'
compensation, and unemployment insurance; retirement program; and deferred
compensation.
Employee benefits are briefly outlined in Section 9 of this Manual. Further
information regarding employee benefits can be obtained from brochures
available in the Human Resources Office.!
8.3 MAINTENANCE OF PLAN. Compensation plans for Managerial, Supervisory,
Confidential, Administrative/Professional, and Non-union employees are established
by the Council after receiving recommendations from the City Administrator. For
employees included in a bargaining unit, the compensation plans are developed
through the collective bargaining process. The compensation plans shall include
for each classification a minimum and maximum rate, and such intermediate rates
as are considered necessary and equitable. Flat rates may be used instead of
salary ranges where designated by the City Council.
8.4 ADMINISTRATION OF PLAN
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A. Rates of Pay: Each employee shall be paid a rate of pay within the salary
range for the classification in which the individual is employed. Rates of pay
are those contained in the steps in the salary range, and the established
steps within the range must be used.
B. Rate Paid at Appointment: Normally an employee will be appointed or
reinstated at the entrance rate for the class. If a Department Head believes
it is necessary to make an appointment or reinstatement above the entrance
rate, authorization must be obtained from the City Administrator. In
determining such requests, consideration shall be given to the qualifications
of the candidate, availability of applicants and the resulting salary
relationship with other similar positions.
C. Performance Evaluation System: The overall purpose of a performance
evaluation system is the accurate measurement of an employee's work
performance. It attempts to eliminate bias and prejudice by means of a
systematic approach, subject to impartial review and check. Emphasis
should be placed on measuring employee work results and achievement of
mutually established performance and development goals.
(1) Performance Evaluation Dates: Supervisors will appraise the
performance of their employees as required and forward the
performance evaluation to the Human Resources Office for inclusion
in the employee's personnel file. Formal evaluation will be done within
thirty (30) days before regular appointment for employees serving a
new appointment or promotional probationary period. Following the
performance evaluation for regular appointment, all full-time
employees must be evaluated annually by the anniversary date
established for merit increase consideration, as specified in Section
8.40(1 ).
Performance evaluations for part-time employees must be completed
by the anniversary date established for merit increase consideration,
as specified in Section 8.4D(2).
Performance evaluation forms must be submitted to the Human
Resources Office prior to, and preferably no less than three days prior
to, the employee's anniversary date. Performance evaluation dates
indicate the minimum frequency with which an employee must be
evaluated. The City Administrator may grant a supervisor an extension
of time to perform an employee's performance evaluation due to
circumstances beyond the control of the employee and/or supervisor.
Performance evaluation may occur more frequently if the Appointing
Authority determines that the increased frequency is in the best interest
of the City and the employee.
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(2) Evaluation Objectives: The objective of every performance evaluation
is to clarify job expectations in writing between supervisor and
subordinate. Other objectives include:
· Identifying training and job experience needed to improve job
related abilities;
· Providing a basis for regular appointment and salary review
decisions; and
· Identifying and developing employees having promotion
potential.
(3) In the case of the Performance Evaluation forregular appointment, no
employee will be retained on probation for more than three (3)
. months after his/her eligibility date for regular status, unless otherwise
specified in the relevant labor or employment contract.
(4) In the case of an unsatisfactory Performance Evaluation -for annual
salary review, a salary increase will not be withheld more than twelve
(12) months. Supervisors will not withhold part of a one-step increase.
If employee performance is so deficient as to not merit a salary
increase, action will be taken to demote, reassign, or terminate
employment for performance reasons.
(5) The Performance Evaluation will be signed by both the immediate
supervisor and the appraised employee. hi the event that the
employee does not agree with the Performance Evaluation, the
employee has the right to attach comments to the evaluation for
review by the Appointing Authority.
D. Merit Salary Increases: Merit salary increases are not automatic. Department
Heads shall recommend to the City Administrator merit increases only for
those employees who have demorstrated appropriate standards of work
performance.
(1) Increases for Full-Time Employees: A full-time new, transferred, or
promoted employee shall be eligible for a merit increase on the first
of the month following twelve months of continuous service. This date
shall be established as the anniversary date for subsequent
performance evaluations and consideration for merit pay increases.
(2) Increases for Part-Time Employees: Part-time employees shall be
eligible for a merit increase on the first of the month following the
completion of 1,040 work hours within each step.
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(3) Employees Ineligible for Merit Increases: Limited term/temporary and
project employees are ineligible for merit increases.
(4) Certificate Pay: Additional compensation is available to Police
Management and Supervisory employees for possession of a
Department of Police and Public Safety Standards and Training
(DPPST) certificate which is higher than the certificate level required by
the position. The level of additional compensation is five percent (5%)
for each certificate, with a maximum of two (2) certificates. Police
Management and Supervisory employees may also receive a seven
percent (7%) increase in compensation for bilingual skills certified by
the department. Regular City employees may also receive a two
percent (2%) increase in compensation for bilingual skills in either the
Russian or Spanish language, as certified by the City.
E. Salary Adiustment Upon Classification Chanqe:
(3)
Revised January 2002
(1) Promotion: An employee who is promoted will receive a pay increase
to a rate equal to a one-step increase in the employee's current salary
range, unless such increase is not sufficient to place the salary within
the new salary range, in which case the salary will be advanced to
the first step in the new range. If a rate equal to a one-step increase
is between the steps of the new salary range, the employee may be
placed at the step in the new salary range which is closest to but
above the rate equal to a one-step increase.
The employee will be placed on probation in the new position. Upon
satisfactory completion of the probationary period, the employee will
acquire regular status in the new position. Eligibility for a merit increase
will be on the first of the month following twelve (12) calendar months
of service in the new position.
(2)
Reclassification: An employee who is reclassified to a higher
classification will receive a pay increase to a rate equal to a one-step
increase in the employee's current salary range, unless such increase
is not sufficient to place the salary within the new salary range, in
which case the salary will be advanced to the first step in the new
range. The employee will retain regular status for the new class upon
reclassification. When an employee is reclassified to a lower
classification, the salary shall be decreased to the salary of the lower
class. The salary can be frozen until the new class salary range
reaches the employee's present pay level only upon approval of the
City Administrator.
Interdepartmental Transfer: When an employee is transferred from
one department to another. This action will be accompanied by a
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promotion, demotion, or lateral transfer.
(4) Lateral Transfer: When an employee is transferred from one
classification to another classification, or within the same classification,
having the same salary range. The employee will be placed on
probationary status in the new position, and his or her pay and annual
performance evaluation date will be adjusted accordingly. An
employee who is already on probationary status will restart his or her
probationary period in the new position.
(5) Demotion: If an employee is demoted to a class having a lower salary
range for reasons which do not reflect discredit on employment
records, the salary rate shall be reduced as long as the rate is within
the salary range of the lower classification.
(6) Demotion For Cause : Demotion for cause will result in a corresponding
reduction in salary.
8.5 COST OF SALARY INCREASES. The Finance Director must certify that sufficient funds
are available to cover the cost of salary increases as provided in this manual and
that no budgetary deficiency will thereby be created. The Finance Director shall
also review departmental expenditures to insure proper fiscal practices and that
the annual appropriation and State budget law are complied with.
8.6 SALARY RANGE ADJUSTMENTS. Recommendations for salary range adjustments
must conform to the procedures for reclassification review specified in Section 4.3C.
Salary range adjustments are to be distinguished from merit salary increases, as
they are not intended to give recognition to length or quality of service, but are
based on prevailing rates of pay for various classes of work in the City service. An
employee whose salary range is adjusted will be placed at the same step in the
new range. Such adjustments will not change an employee's eligibility for merit
salary increases.
8.7 RATES OF PAY. The rate of pay may bEp hourly or monthly depending on the
conditions of employment. Hourly rates for 40-hour employees are determined by
dividing the monthly salary by 1 73.33 hours.
8.8 OVERTIME POLICY. It is the policy of the City to reduce to a minimum the necessity
for overtime work. The requirement of frequent and considerable overtime, other
than emergency overtime which is not anticipated and created by conditions
beyond the department's control, shall be considered evidence of understaffing
and may be subject to review for proper staffing levels. When employees are
directed by Supervisors to work extra time in addition to their normal working hours,
they shall be compensated for such overtime.
A. Overtime Eliaibilitv: All classifications are eligible for one and one-half time
Revised January 2002
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overtime cash compensation, with the exception of positions in Executive
Management, Management or any other position so included by applicable
State statute.
B. Overtime Rates: Cash compensation shall be paid at the rate of time-and-
one-half for time worked in the employee's regular position in excess of the
regularly scheduled work week. Overtime shall be paid for each completed
fifteen-minute interval.
C. Payment of Overtime:
(1) Any employee eligible for overtime who terminates City employment
shall be entitled to cash compensation for overtime worked for which
the individual has not been compensated.
(2) Within Departmental guidelines, compensatory time off may be
granted at a rate of time-and-one-half in lieu of cash compensation.
Compensatory time off shall not be allowed to accrue beyond eighty
(80) hours. Compensatory time off will be scheduled giving due
consideration to the desire of individual employees within the limits of
the work requirements of the division, the employee's workload, other
requests for time off, and the order in which the request was received.
(3) In case of death, compensation for accrued overtime shall be paid in
the same manner that salary due the decedent is paid.
(4) If an employee is transferred or promoted from one department to
another department, the accrued compensatory time will be paid to
the employee prior to the transfer.
8.9 ADDITIONAL HOURS POLICY FOR OVERTIME EXEMPT EMPLOYEES. Overtime exempt
employees who work in excess of the regular duty hours shall be allowed to accrue
compensatory time on a straight time basis not to exceed eighty (80) hours. Within
the constraints of the budget and at the option df the department head, payment
of additional hours, not to exceed 17 hours per month, may be made to the
overtime exempt employee, excluding Executive Management, in lieu of granting
compensatory time-off. In the event of termination or discharge, no payment will
be made to an overtime exempt employee for unused compensatory hours.
8.10 ACTING-iN-CAPACITY ASSIGNMENT. At the discretion of the department head,
employees assigned to work in a higher classification may receive a five percent
(5%) wage differential for periods of two (2) weeks or longer (this excludes periods
for vacation, sick ieave, workshops, etc). In order to receive Acting-in-Capacity
pay, the employee must be assigned the full range of duties and have full authority
and responsibilities of the position he/she is filling.
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:rhe department head must submit a Personnel Action Form to the Human
Resources Office prior to assigning employees to work in a higher classification
requiring a wage differential payment.
8.11 STANDBY COMPENSATION. All non-uniformed employees (excluding executive
employees) on primary call duty will receive one (1) hour of straight time
compensation for each twelve (12) hours of standby time.
8.12 WAGE AND SALARY ADMINISTRATION.
A. Working Hours: The normal day of work for full-time employees is eight (8)
hours, exclusive of the meal period. The normal work week for City
employees is forty (40) hours. The City maintains the right to alter an
employee's work day or work week, and to require an employee to work
overtime and on a weekend or holiday.
The employer reserves the right to assign employees to jobs other than their
usual assignments when required. In addition, employees may be required
to work overtime or hours other than those normally scheduled whenever
necessary. Employees are not to work additional hours unless specifically
authorized by their supervisor. The working of unauthorized hours may
subject the employee to disciplinary action.
B. Rest and Meal Periods: Rest period and meal periods are scheduled by
each employee's supervisor to ensure that the employee's position and
duties will be covered during periods of rest.
Two 15-minute rest breaks, one during each four-hour shift, are provided
each full working day. These breaks may not be combined or added to an
employee's lunch period.
Meal periods of at least 30 minutes but not more than 1 hour are provided
for each employee and must be taken not more than five hours after the
beginning of the employee's shift. I
Rest and meal periods are intended to provide employees an opportunity
for rest and relaxation. Accordingly, they should be enjoyed away from
employee work areas and employees are not permitted to perform any
duties during such periods. An employee lounge area is available for this
purpose. In addition, an employee may leave the City's premises during
such periods. Employees who have agreed with the supervisor in writing to
work an on-duty meal period will be paid for the extra work time by the City.
C. Paydays and Paychecks: Employees are paid on the last day of each
month for the completion of work performed during that month. If the last
day falls on a Saturday or Sunday, checks will be issued on the Friday before
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the last day. Employees are responsible to ensure that their time sheets are
accurate and complete and are submitted to their supervisors within the
time frames established by their departmental policies. False information
entered on a time sheet may result in disciplinary action.
D. Emerqency Draws: A special payroll check request, not to exceed 50% of
the employee's net wages, will only be approved in the event of a financial
emergency. Emergency means an unanticipated circumstance beyond the
employee's control which results in severe financial hardship. Employees are
limited to no more than two emergency draw requests per calendar year.
Employees who will be on vacation on payday should arrange with their
supervisor to release their check to someone else or have it held until they
return to work. In the event this policy causes a hardship on the employee,
the Department Head may request the Finance Director to make an
exceptional payment in advance. No special draws are allowed in the
three working-day period before a payday. All requests must be submitted
to the Finance Department at least twenty-four (24) hours in advance of the
time the check is needed.
E. Wage Garnishments: The City is required by law to recognize certain court
orders, liens, and wage assignments to an employee's paycheck. When the
City receives a notice of a pending garnishment or wage assignment, the
City Human Resources Officer is compelled to comply with such valid wage
garnishments. The City does, however, encourage employees to avoid
financial situations that may result in such wage garnishments.
F. Payroll Certification: The Human Resources Officer shall certify, through the
Personnel Action form to the Finance Director, those persons that have been
appointed and are employed in accordance with the provisions of the
Personnel Ordinance and Personnel Manual. The Finance Director shall not
approve any payment for personal services to any person who has not been
certified. Submission of a Personnel Action form must occur prior to, and
preferably no less than three days prior to, the effective date of the action
being recommended.
8.13 REIMBURSEMENT FOR TRAVEL AND CONFERENCE EXPENSES. Food, lodging, and/or
travel expenses shall be paid by the City in accordance with the approved per
diem schedule to an employee whose attendance at d job-related conference,
organizational meeting, or training seminar has been authorized:
A. Lodqing: Reasonable room rates will be paid by the City and determined as
reasonable based upon the most economical single room rate for one
person. Non-essential room services such as valet charges, movie charges,
and phone calls will not be paid by the City.
B. Meals: Meal expenses will be paid by the City. As a daily guide, meal
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expenses should fall within the following schedule (non-alcoholic beverages
included) :
Breakfast
Lunch
Dinner
$ 7.00
$ 9.00
$14.00
Meals, as part of a meeting program, will be paid by the City regardless of
the listed schedule. Gratuities shall not be reimbursed by the City, unless the
gratuity is incorporated in the bill.
All requests for reimbursement must be accompanied by supporting
documentation and receipts.
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9 GROUP BENEFITS
9.1 PURPOSE. This section of the Personnel Policy is primarily informational. The benefit
plans are based on contractual arrangements between the City of Woodburn and
selected Plan carriers. All contracts must be approved by the City Council.
9.2 ELIGIBILITY. Any full-time employee, whether probationary or regular, is eligible to
participate in the Group Benefit programs, provided that eligibility requirements in
the benefit program have been met.
9.3 COVERAGE DURING LEAVES OF ABSENCE.
A. Employees on leaves of absence with pay will have their group benefits
continued.
B. An employee on leave of absence without pay may continue the group
benefits, excluding the Retirement Plan, provided that the insurance
premiums are paid by the employee and contracts with the insurance
companies allow for the extension of coverage while on unpaid leave.
9.4 HEALTH INSURANCE PROGRAMS.
A. Enrollment: The enrollment period when employees may join the health
Insurance program is:
(1) on the first of the month following thirty (30) days of employment.
(2) during the month of July each year, with an effective date of August
1 sf, or during a designated open enrollment period established by the
insurance carrier.
B. Premiums: The City contributes towards the monthly health insurance
premiums for eligible employees. The I employee may be required to
contribute towards the heath insurance premium. If required, contributions
will be made through a monthly payroll deduction.
9.5 LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE.
A. Enrollment: An employee is eligible for enrollment in the various plans on the
first day of the month following employment. In the event an employee has
continued the insurance coverage during a leave of absence without pay,
the employee will be eligible for City payment of the insurance premium on
the first day of the month following reinstatement.
B. Premiums: The City will pay for the insurance premiums which covers the
employee only per the coverage limits agreed to by the City.
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9.6 LONG TERM DISABILITY INSURANCE. Long Term Disability insurance is provided to all
eligible employees, effective the first day of the month following employment, with
the premium paid by the City. Benefits will commence ninety (90) calendar days
following the date of the disability.
9.7 WORKERS' COMPENSATION. All employees shall be covered under Workers'
Compensation for industrial accidents and disease. Benefits are paid in
accordance with State law, and include medical treatment and care as well as
disability compensation during periods of time lost from the job. Compensation for
time lost is not payable for the first three (3) calendar days the worker is off work
unless the employee is hospitalized as an in-patient or is off for fourteen (14) or more
consecutive calendar days as a result of the injury or disease. Any working days
during the waiting period not covered by time loss payments will be deducted from
the employee's accrued sick leave.
9.8 RETIREMENT PLAN. The City provides retirement benefits for its employees based on
a contractual arrangement between the City of Woodburn and the Oregon Public
Employees Retirement System (PERS).
A. Enrollment:
(1 ) All employees who are members of Oregon PERS at the time of
employment will begin making contributions into the program
immediately.
(2) Full-time employees who are not members of Oregon PERS are
required to participate in the program upon completion of six (6)
months of employment.
(3) Employees who are not members of Oregon PERS and work less than
full-time may be required to participate in this program if eligibility
requirements are met as provided for within State law and/or Oregon
PERS administrative rule.
B. Contributions:
(1) The employee contributes six percent (6%) of his or her gross monthly
salary on a pre-tax basis, meaning the federal and state taxable
earnings are reduceq by the amount of the employee's contribution
to Oregon PERS. These funds will be available to the employee at the
time of his or her retirement or termination of employment with the
City.
(2) Employer contributions will be determined by actuarial evaluations.
These contributions are used to fund future retirement benefits of
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vested employees.
C. Retirement Date: Employees vested in Oregon PERS are governed by the
provisions of state law. Please refer to the Oregon PERS handbook for more
information on eligible retirement dates.
9.9 COBRA BENEFITS - CONTINUATION COVERAGE OF HEALTH INSURANCE. Employees
covered under the group health insurance program are eligible to continue their
group health insurance when City paid coverage no longer exists, provided that
they pay the monthly insurance premium to the City plus a two percent (2%)
administrative fee. Refer to the COBRA policy outlined in Section 15.3 for details on
this benefit.
9.10 SECTION 125 FLEXIBLE BENEFITS PLAN. The City provides for a flexible benefit plan
which allows for pre-tax of federal, state, and social security wages on various
health and accident insurance premiums, a health expense layaway plan
(H.E.L.P.), and a dependent care program. Participation in this program is optional
and annual enrollment coincides with the Plan Year of August 1 through July 31.
These plans qualify under Section 125 of the Internal Revenue Service regulations.
Details can be obtained from the City's Human Resource Officer.
9.11 DEFERRED COMPENSATION. The City provides a deferred compensation plan
whereby employees have the option for voluntary contributions up to the statutory
limit for such plans. The current plan is administered through the ICMA Retirement
Corporation. The purpose of such a plan is to defer compensation and their
corresponding income tax liability until a future date at which retirement or
withdrawal would be more advantageous to personal financial planning. Details
can be obtained from the City's Human Resources Officer.
9.12 ADDITIONAL INFORMATION. Additional detailed information regarding Group
Benefits can be obtained from the Human Resources Officer.
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1 0 LEAVES OF ABSENCE
1 0.1 HOLIDAY LEAVE.
A. Holiday Eliqibility: All full-time employees are eligible to receive holiday
leave. Limited term/temporary, part-time, or project employees are not
eligible for holiday accrual.
B. CitY-Desianated Holidays: The City of Woodburn shall observe the following
holidays:
# Month Day Holiday
1 January pt New Year's Day
2 January 3rd Monday Martin Luther King Day
3 February 3rd Monday President's Day
4 May Last Monday Memorial Day
5 July 4th Independence Day
6 September 1 st Monday La bor Day
7 November 11 th Veteran's Day
8 November 4th Thursday Thanksgiving Day
9 November 4th Friday Day After Thanksgiving
10 December 24th (Last 4 hrs of shift) Christmas Eve
11 December 25th Christmas Day
Whenever the holiday falls on a Saturday, the preceding Friday will be given
off; if the holiday falls on a Sunday, the following Monday will be given off.
If a holiday occurs during an employee's vacation or sick leave, the time
shall be charged as holiday leave.
C. Floating Holiday: In addition to the scheduled holidays identified above, full-
time employees who have completed six (6) months of continuous, full-time
service can take one floating holidqy with pay on their birthday or any other
day of their choice during each fiscal year. Floating holidays must be
approved in advance by an employee's immediate supervisor. Floating
holidays cannot be carried over from one fiscal year to the next and are lost
automatically if not used by June 30th of each fiscal year.
D. Holiday Accrual:
(1) Eligible employees working forty (40) hours per week or more shall
receive one day's pay for each of the holidays listed above which falls
within their work week and on which they perform no work, except for
Christmas Eve of which four hours of pay will be received.
(2) Eligible employees working less than forty (40) hours perweek will earn
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holiday leave on a prorated basis.
(3) If an eligible employee works on any of the holidays listed above,
he/she shall receive time-and-one-half cash compensation for all
hours worked in addition to the holiday pay. If a holiday falls on an
employee's regular day off, he/she shall receive a postponed holiday
with pay to be taken at the option of the employee, subject to the
operating requirements of the department.
(4) In lieu of an established holiday schedule, non-represented sworn
Police Department employees will accrue 8.67 hours of holiday leave
for each full month of service. Sworn Police Department supervisory
employees working under a 4/12 schedule will accrue thirteen (13)
hours of holiday leave for each full month of service. Maximum
accumulation of earned but unused holiday credit shall not exceed
his/her annual accrual rate at the end of each calendar year. The
City may initiate a mandatory holiday leave of sufficient duration to
reduce the unused holiday credits to below the maximum allowable
accumulation.
E. Reasonable Accommodation: Requests for reasonable accommodation of
time off to observe religious holidays that are not observed by the City will be
granted whenever it is possible to do so without causing undue hardship on
the conduct of City business. When granted, the time off may be charged
to a compensatory or vacation leave bank or taken without pay.
Additionally, employees who work in 24-hour operations may request a
scheduling adjustment to ensure scheduled days off for other religious
holidays. These four choices are subject to supervisory approval, and
employees should discuss scheduling options with their supervisors as far in
advance of the requested time off as possible.
10.2 VACATION LEAVE. The City of Woodburn provides paid vacation for all eligible
employees for the purposes of rest and relaxation from the job. .
I
A. Vacation Eliaibility: All full-time regular employees are eligible to receive
vacation. Limited term/temporary, part-time, or project employees are not
eligible for vacation accrual.
B. Vacation Accrual: Eligible employees accrue vacation time based on
compensated hours according to the table below. Employees begin
accruing vacation after the first month of employment, but are not eligible
to take vacation until completion of the probationary period. However,
Executive Managementwitl be allowed to take vacation following six months
of employment. Full-time employees working less than forty (40) hours per
week will earn vacation on a prorated basis. Accruals rates are:
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Years of Monthly Annual Maximum
Service Accrual Accrual Accrual
, . . . . . . . ..
0-5 6.67 10 20
6-10 10.00 15 30
11 10.67 16 32
12 11.33 17 34
13 12.00 18 36
14 12.67 19 38
15+ 13.33 20 40
C. Vacation Compensation:
(1) Vacation Pay Upon Termination: An employee who terminates during-
the initial probationary period shall not be entitled to vacation pay,
excluding Executive Management who will be eligible for vacation
pay following six months of employment. Regular employees that
leave City service shall be entitled to payment for unused vacation
leave at his/her current rate of pay. In case of death, compensation
for accrued vacation leave shall be paid to the beneficiary of the
employee.
(2) Transfer of Vacation Leave: When an employee is transferred or
appointed to another department, vacation accrual shall be assumed
by the new department.
(3) Action Taken When Maximum Accrual Reached: The City may initiate
a mandatory vacation of sufficient duration to reduce unused
vacation to below the maximum allowable accumulation. All non-
represented employees with vacation hours accrued in excess of their
maximum accumulations at the close of December 31 st of each year
shall receive cash compensation for up to forty (40) hours of vacation
for the purpose of reducing the accumulated vacation hours back to
the maximum accumulation level. Any remaining balance of
vacation hours still in excess of the maximum accumulation, after the
compensated hours have been reduced from the employee's
vacation account, shall be forfeited.
D. Appropriate Use:
(1) Scheduling of Vacations: Vacation schedules shall be established
giving due consideration to the desire of individual employees within
the limits of the work requirements of the division, the employee's
workload, other requests for time off, and the order in which the
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request was received.
(2) fIIness During Vacation Leave: If, during scheduled vacation leave an
employee is ill, he/she may not use sick leave in lieu of vacation time
unless a doctor's certification is provided.
10.3 SICK LEAVE. The purpose of sick leave is to provide financial security to employees
and family for non-work related disabilities. Work-related disabilities are addressed
by Workers Compensation, as described in Section 9.7.
A. Sick Leave Eligibility: All full-time employees are eligible for sick leave
accrual. Limited term/temporary and part-time employees are not eligible
for sick leave accrual.
B. Sick Leave Accrual:
(1) Sick leave is provided by the City at the accrual rate of eight hours per
each full month of employment for full-time employees working forty
(40) hours per week or more.
(2) Full-time employees working less than forty (40) hours per week will
accrue sick leave on a prorated basis.
(3) Sick leave shall not accrue during periods of leave of absence without
pay for a leave of eighty (80) hours or more during a calendar year.
(4) When an employee is transferred to or appointed to another
department, sick leave accrual shall be accepted by the new
Appointing Authority.
C. Appropriate Use:
(1 )
Employe-es may use sick leave for the following reasons:
I
a. When an employee is temporarily unable to perform their work
duties by reason of illness, parental leave, off the job injury,
pregnancy, post-partum recovery, necessity for medical or
dental care, exposure to contagious disease under
circumstances by which the health of the employees with
whom associated, or member of the public necessarily dealt
with, would be endangered by the attendance of the
employee.
b. For an illness in the employee's immediate family. For the
purpose of this article, immediate family shall be defined as the
employee's mother, father, spouse, sister, brother, child, mother-
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in-law, father-in-law, grandparents, oranyrelative residing in the
employee's immediate household. The use of sick leave to care
for an ill family member shall be limited to the time the
employee's presence is actually required. Employees shall
promptly make other arrangements for ill family members and
may be required to provide a physician's statement regarding
the need of the employee to attend the family member.
c. For routine medical/dental examinations and appointments for
preventative care for employees and their dependents when
such appointments cannot be conveniently scheduled during
non-work hours.
(2) Sick leave may be used in increments of fifteen (15) minutes or more.
(3) Sick leave may be used after ninety days of employment.
(4) The Supervisor may require a doctor's certificate as proof of illness at
any time.
(5) If an employee on sick leave uses all his/her leave time, the employee
may request leave without pay, and/or vacation time, compensatory
time, or other paid leave time.
(6) Sick leave may not be used during periods when the employee is
receiving long-term disability payments.
(7) An employee of the Police Department who is unable to report to
work shall notify the Police Department of his/her absence at least
eight (8) hours prior to the start of his/her shift, or at the earliest possible
time in the event of sudden onset of injury or illness or other
emergency circumstance. Employees in other departments shall
notify their Supervisor of the need to be absent within thirty minutes of
the start of the work day. Failure to do so may result in disciplinary
action.
D. Workers' Compensation: Salary paid for a period of sick leave also covered
by Workers' Compensation shall be equal to the difference between the
workers' compensation for the lost time and the employee's actual net
salary. Actual net salary for the purposes of this section shall be defined as
gross pay less the actual legal withholding exemptions to which the
employee is entitled at the time of the leave and any other mandatory
deductions from gross pay. Optional salary deductions such as deferred
compensation, credit union, insurance, or United Fund shall not be used in
determining actual net salary. In the event the employee's legal status
changes during the disability period, the actual net salary used for
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calculating sick leave may be modified upon written application by the
employee during periods covered by Workers' Compensation. Prorated
charges will be made against accrued sick leave according to actual
payments made to the employee.
E. Doctor's Verification: The City reserves the right to require a satisfactory
statement of a licensed physician whenever an employee misses work due
to an illness, injury or disability. If the employee is absent for more than three
(3) work days, sick leave benefits shall not be allowed after the third
calendar day unless a physician's statement is submitted upon return to
work, or unless alternative arrangements satisfactory to the City have been
made on or before the third day of the absence. The physician's statement
must verify the nature of an illness, injury or disability, its beginning and ending
dates, and/or the employee's ability to return to work without endangering
his or her own safety or the safety ,of others. When requested, such
verifications and releases shall be a condition to receiving sick leave benefits
or returning to work. Although a physician's statement normally will not be
requested for absences of less than three working days, the City may request
such a statement in situations where it determines it is warranted.
F. Incentive Conversion: Any employee who accumulates eighty-eight {88}
hours or more of unused sick leave within the calendar year has the option
to convert eight (8) hours of sick leave into vacation leave as an incentive
for low usage of sick leave.
G. Sick Leave Bank: A sick-leave bank is offered to aid eligible employees in the
event of their own, or the catastrophic injury or illness of an immediate family
member. The bank may provide a cushion by covering the employee from
the time between when all their leave is exhausted and when long-term
disability payments commence. For more information about the sick-leave
bank program, refer to Section 15.1.
10.4 OTHER LEAVES OF ABSENCE WITH PAY. An employee holding a regular position shall
be granted a leave of absence with pay for the following:
A. JUry Duty: When serYing with a jury, provided the jury fee, less mileage
reimbursement if personal vehicle is used, must be turned in to the City. If an
employee is dismissed from jury service prior to the end of his/her work day,
he/she shall report to work for the remainder of the work day.
B. Court Appearance: Appearance before a court, legislative committee,
judicial or quasi-jurisdictional body as a witness in response to a subpoena or
other direction by proper authority. Any money, other than mileage
reimbursement for the use of the employee's personal vehicle, received for
said appearance during working hours, must be turned in to the City. The
foregoing shall not apply if the employee is a party in interest to the
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proceeding or is serving as a witness against the City. In such instance, leave
of absence without pay and/or vacation time, compensatory time, or other
paid leave time will be provided.
C. Other City Business-Related Leave: Other authorized duties in connection
with City business.
D. Bereavement Leave: In the event of a death in the immediate family (see
Section 10.3C[1]b), an employee may be granted leave of absence not to
exceed five (5) calendar days without loss of pay. This leave shall be
separate from sick leave and shall not accumulate from year to year.
Participation in the resulting funeral shall be included in the five days. In the
event more time is needed, the employee may request leave of absence
without payor other paid leave time.
E. Voting Leave: An employee who is a registered voter shall be granted
necessary time off work, up to one (1) hour, to vote on election day if, due
to the work schedule, he/she would not otherwise be able to vote.
F. Administrative Leave: Executive employees ineligible for overtime cash
compensation may be granted administrative leave with pay as determined
by Council policy.
10.5 LEAVES OF ABSENCE WITH OR WITHOUT PAY.
A. Military and Peace Corps Leave: Granted in conformance with applicable
State (ORS 408.240, 408.290, and 236.040[2]) and federal statutes.
Information regarding these state and federal statutes may be obtained in
the Human Resources Office.
B. Family Medical Leave: Granted in conformance with the Family Medical
Leave Act and the Oregon Medical Leave Act, as described in the Family
Medical Leave Policy in Section 15.2. Additional information may be
obtained in the Human Resources Office.
1 0.6 LEAVES OF ABSENCE WITHOUT PAY. Upon prior approval of the Department Head,
and in instances where the work will not be seriously handicapped by the
temporary absence of an employee, leave of absence without pay may be
granted, not to exceed sixty calendar days in a calendar year. Leaves of absence
without pay, as provided for within applicable insurance contracts and federal
and/or state laws, in excess of eighty hours must be approved by the City
Administrator. The City Administrator may grant any employee a leave of absence
without pay for a period not exceeding twelve months. Any leave without pay in
excess of thirty consecutive days shall result in the seniority date being adjusted for
the period of time on leave.
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Service credit shall not accrue during a leave of absence without pay. Health
and/or other insurance benefits may be maintained during a leave of absence
without pay by means of the employee paying the monthly premium amount
during the time of approved leave, up to a maximum of three months. If the leave
of absence without pay exceeds three months, the employee can maintain health
benefits through the City as provided for under the federal Consolidated Omnibus
Budget Reconciliation Act of 1985 (COBRA), as defined in Section 15.3.
A request for a leave of absence without pay must be in writing and must establish
reasonable justification for approval of the request. Leaves of absence without pay
shall not normally be granted prior to the employee having exhausted appropriate
earned leave, nor shall they normally be granted for an employee who intends to
use the leave to seek other employment. The City may terminate or cancel such
leave by fifteen days written notice mailed to the employee's last known address.
10.7 MEDICAL LEAVES OF ABSENCES FOR OCCUPATIONAL DISABILITIES. A leave of
absence shall be granted upon written request to any full-time or part-time
employee who sustains a work-related disability. A leave of absence for a work-
related disability shall be extended to the employee for the duration of the work-
related disability. Employees returning from a leave will be given credit for any
portion of a probationary period completed prior to the commencement of the
leave of absence. Benefits for a leave of absence for a work-related disability will
be coordinated with workers' compensation benefits. Notification requirements for
a medical leave of absence for occupational disabilities are the same as those for
medical leaves for non-occupational disabilities. The employer will retain
employees on an extended leave of absence for work-related disabilities until one
of the following situations occurs.
A. The employee is released for full or partial duty
B. The employer receives medical evidence satisfactory to it that the employee
Will be regularly unable to return to work
C. The employee directly or indirectly informs the employer (Le., by accepting
other employment, moving out of the state, etc.) that he or she does not
intend to return to the City's employ.
An employee who returns to work at the end of his or her leave of absence will be
returned to his or her former position, if possible, or will be offered the first available
opening in a comparable position for which he or she is qualified. The employee
must provide a physician's statement that indicates that he or she is fit to return to
work.
10.8 EMERGENCY SITUATIONS. In an emergency situation, every attempt will be made
to maintain City services at a normal level. If the situation is serious enough that
operation of these services must be modified to respond to the crisis, employees will
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be informed as quickly as possible by telephone and/or the news media.
Employees will be compensated for hours actually worked during any emergency
period.
City employees who, in the department head's judgment, are unable to safely
come to work will be granted time off using their vacation and/or floating holiday
benefits. This time-off option applies to all employees of the City except:
A. Police officers; and
B. Other key public safety services who are to maintain work schedules as
directed by their departments.
Employees desiring to leave work early to ensure their safe arrival home must
contact their supervisors for permission to do so. Use of the above leave benefits
may be granted.
10.9 INCLEMENT WEATHER. The City Administrator may use his/her discretion in deciding
whether City offices will remain open during periods of severe inclement weather,
and may vary these policies on Inclement Weather on a case by case basis.
Employees must advise their supervisor of their late arrival to work or absence from
work due to inclement weather as soon as possible.
Overall, the City's policy is that employees will only be paid for hours worked.
Employees who are authorized to report to work late or are authorized to leave
early because of extremely hazardous weather conditions shall use accrued leave.
Sick leave may not be used for lost time due to inclement weather conditions.
Employees may, as an alternative, request authorization from their supervisor to
make up missed time within the same day. If an employee determines that it is
unsafe to report for work, they will be authorized to use accrued leave, other than
sick leave, or may request authorization from their supervisor to make up the missed
time within the same day if such time can be arranged to accommodate work
needs of the department. -
If the City finds it necessary to close City Hall and/or other City facilities while
employees are at work, employees will not automatically be released from work.
On a case by case basis, employees may be reassigned to other duties such as
assistance in the City's emergency operations center. Department Heads will
determine whether an employee is to be temporarily reassigned duties, or whether
they may be released from work early. If they are released from work early, the
employee may use accrued leave other than sick leave, or make arrangements
with their supervisor to make up the missed time within the same day if such time
can be arranged to accommodate work needs of the department.
If City Hall and/or other City facilities are closed effective the beginning of the work
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day, employees will be allowed to take accrued leave other than sick leave, or
make up the missed time within the same day with their supervisor's authorization.
Exceptions to this situation will be those City employees required to report for work
due to the nature of their job and/or its relationship to the emergency situation (i.e.
police, public works, etc.).
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11 EMPLOYEE CONDUCT
11.1 POLICY. An appointment to a position with the City of Woodburn carries with it
certain rights and responsibilities under the law. It is therefore incumbent upon City
employees to serve the public well and respect the rights of others. To this end,
employees are to conduct themselves in a manner that will exemplify such
characteristics as honesty, integrity, constraint, impartiality and dedication to the
public interest. This section delineates the manner in which the City expects
employees to conduct themselves in their attitudes and behaviors toward their
work, supervisors, fellow employees, representatives of other public sector entities,
in written and e-mailed correspondence, and to the public. This section also
describes unacceptable behaviors and attitudes that may result in disciplinary
action.
11.2 ATTENDANCE AND PUNCTUALITY. All employees are expected to report forwork on
every scheduled workday at their scheduled starting time, unless authorized for a
different work schedule by their immediate supervisor. Employees shall comply with
departmental notification procedures if unable to report for work on time, or if an
extraordinary circumstance occurs which will cause them to be absent. Employees
are also expected to remain at their assigned work area(s) during scheduled work
hours, and are not to leave without prior authorization. Excessive absence, leaving
the workplace during scheduled work hours without authorization, or habitual
tardiness shall be cause for disciplinary action. It shall be the responsibility of the
Department Head in coordination with subordinate supervisors and managers to
ensure that standards of attendance and punctuality are maintained within his/her
department.
11.3 PERSONAL APPEARANCE AND CONDUCT. The personal appearance and conduct
of all employees affects the image the public has of the City, so it is necessary for
all employees to be courteous and considerate to everyone with whom they come
into contact. Telephones should always be answered in a friendly manner, and
persons greeted in an office or over the counter should be give the impression that
our employees are capable and anxious to help them.
I
The employee's personal appearance may also contribute to a fayorable public
image, so all employees are required to present a neat and clean appearance,
and to dress according to the requirements of their position. The City reserves the
right to establish dress standards on a department by department basis.
11.4 IMPROPER EMPLOYEE CONDUCT. The term "improper conduct" shall mean any
action by an employee which affects the employee's ability to perform assigned
duties properly, threatens the safe and productive conduct of City operations, or
endangers City personnel or property. "Improper conduct" is grounds for
disciplinary action, and includes but is not limited to:
A. Use of intoxicants, or being under the influence of intoxicants, while on duty,
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on call, or on standby.
B. Insubordination.
C. Discourteous treatment directed towards a Supervisor, Department Head,
City Administrator, City Councilor, the public or a fellow employee.
D. Threatening, intimidating, coercing, or interfering with fellow employees, or
use of improper or offensive language or gestures toward the public or other
employees.
E. Inattention to duty, tardiness, indolence, carelessness, or damage to, or
negligence in the care and handling of City property.
F. Dishonesty.
G. Falsification of records or statements.
H. Unauthorized disclosure of proprietary, confidential, or sensitive City
information.
I. Use of the employee's position for personal advantage.
J. Theft, destruction, abuse, or unauthorized use of City vehicles, equipment, or
property.
K. Gambling for items of value during work hours or on City premises, including
participating in internal pools or wagers.
L. Carrying or possessing firearms, explosives, or dangerous weapons on City
property, including City parking lots. The prohibition on the possession of
legally-permitted firearms does not apply to authorized personnel, or to off-
duty personnel with a valid Marion County Concealed Weapons Permit.
I
M. Use of any City-granted leave under false pretenses or abuse of said leave.
N. Conviction of a crime which, in the City's judgment, would impair
effectiveness as a City employee.
O. Absence from duty without leave, failure to report after leave of absence
has expired, or after such leave of absence has been disapproved or
revoked by the Department Head or City Administrator.
P. Willful violation of any of the provisions of the City Charter, City ordinances,
this Manual, rules, policies, or any other written regulations which may be
prescribed by the City Administrator or a Department Head.
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Q. Outside employment or private activities that are conducted on City time.
R. Solicitation of a contribution, response or action in the name of the City, or
solicitation designed to further a political or charitable cause while on duty,
unless specifically authorized by the City Administrator.
11.5 WITNESSING IMPROPER ACTIONS. Any officer or employee of the Citywhoobserves
unlawful or improper action(s) by a City employee shall report them. The matter
must immediately be reported to the employee's immediate supervisor. If the
supervisor appears to be involved in the improper action, the report must be made
to the Department Head, the City Administrator, or the Human Resources Office.
11.6 GIFTS AND GRATUITIES. To avoid the appearance of inappropriate business
practices, or other impropriety, City employees are strongly encouraged not to
accept personal gifts. In circumstances when the acceptance of a personal gift
is unavoidable, the following restrictions apply to the acceptance of gifts or
gratuities:
A. Department heads may authorize acceptance of non-monetary gifts of
nominal value (e.g., under $25), provided that it cannot be reasonably
inferred that acceptance of the gift will influence, or reasonably appear to
influence, the employee in the discharge of his or her duties. Consumable
gifts must be in a form that can be shared, and placed in a location where
they can be shared by all employees and the public.
B. City employees may receive food, lodging and travel when participating in
an event which is related to the employee's official position and when the
employee is appearing in his/her official capacity. Food and/or beverages
consumed by the employee in the presence of the purchaser or provider is
acceptable. Said items may only be received if it cannot be reasonably
inferred that acceptance of the item of value will influence, or reasonably
appear to influence, the employee in the discharge of his or her duties.
C. Gifts exchanged between co-workers for occasions such as birthdays and
holidays are not prohibited. Gifts for employee's awards, volunteers and
community cooperation are also allowed.
Employees shall not accept any special favors, gifts, or gratuities resulting from or
related to employment with the City unless otherwise specified in this provision. An
employee who is found in violation of this provision will be subject to disciplinary
action.
11.7 OUTSIDE EMPLOYMENT. Outside employment by full-time employees shall be
permitted only with the express prior written approval of the City Administrator. Any
employee with existing outside employment on the effective date of this manual
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shall notify the City thereof within thirty (30) days thereafter. To deny outside
employment, the City must find that it violates one of the following criteria:
A. That such employment is in conflict with the interest of City employment;
B. That such employment detracts from the efficiency of the employee in
his/her City work; or
C. That such employment takes preference over the requirements of the City.
No outside employment activities shall occur during regular City hours of operation
applicable to the affected employee, unless the employee is on authorized
vacation or holiday leave. This prohibition applies to all City employees.
11.8 SOLICITATION ON CITY PROPERTY. Active solicitation by City employees of other
City employees, or of the public, on City premises during work hours for charitable
purposes is prohibited. City employees who wish to actively solicit for charitable
purposes must do so while off-duty, and are limited to areas identified as employee
break rooms.
Passive solicitation for charitable purposes by City employees, such as collection
boxes and event posters, may be offered during work hours, subject to written
approval by the Department Head. Any active management of said solicitation
method, such as collecting or counting donations, must be conducted while off-
duty.
Employees may use areas designated by the City Administrator, such as bulletin
boards in break rooms, to post notices of items for sale or otherwise of interest to
other employees. It is the obligation of employees wishing to utilize this privilege to
do so during off-duty hours, and in a manner which does not interfere with their
work.
Solicitation, peddling, purchasing, or sale of goods on City property by City
employees for commercial or private purposes is 'expressly prohibited. Furthermore,
the sale of goods by any source on City property without express written approval
by the City Administrator is prohibited.
11.9 VEHICLE USE. Certain employees may be assigned City vehicles because of the
nature of their jobs. Other employees may use a City vehicle from time to time on
City business. In either case, the employee is required to be qualified and possess
the appropriate class of license for the type of vehicle used. The employee shall
immediately report any limitation on his/her ability to safely operate the vehicle or
any change in his/her licensing status to the employee's supervisor or Department
Head. Failure to report a change in licensing status to the employee's supervisor or
Department Head prior to operating a City vehicle may result in disciplinary action
up to and including termination.
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City vehicles are to be used only in the performance of official City business;
however, personnel whose work assignment is primarily in the field may utilize their
assigned City vehicle during meal and rest periods for personal business as
approved by the employee's supervisor.
When operating City vehicles on City business or for personal use pursuant to the
restrictions described above, employees shall obey all traffic laws and department
policies pertaining to vehicle use, and shall give due consideration to the safety
and welfare of the general public at all times. Furthermore, employees are
expected be courteous to other drivers and pedestrians when operating a City
vehicle, and must drive defensively.
Employees who operate City vehicles are responsible for the safe operation, care,
condition, and security of the vehicle. Employees may be held responsible for any
damage to vehicles when the damage is a result of employee negligence.
Employees must report any damages to City vehicles, or accidents involving City
vehicles, immediately to their supervisor and submit the required written reports.
Employees must also report any maintenance concerns immediately, or as soon
as is practical, to their supervisor.
The following additional guidelines for the use of a City owned vehicle shall apply:
A. Any out-of-pocket expenses such as fuel, emergency repairs, parking or tolls
shall be reimbursed upon presentation of receipts;
B. No reimbursement will be made for parking fines or any other charge levied
for violation of a motor vehicle law;
C. Employees will be subject to tax liability as per Internal Revenue Service rules
for any personal use of a City-owned vehicle.
D. Family members or other non-City employees shall not be transported in City
vehicles except as specifically aL!thorized by the Department Head or
consistent with department policy or in cases in which the City vehicle is
permanently assigned to the employee as a provision of an employment
contract;
E. Temporary employees, contractors or volunteers are prohibited from driving
a City vehicle without verification of appropriate motor vehicle license and
the specific authorization of the Department Head.
11.10 TELECOMMUNICATIONS USE.
A. Phone and Voicemail: The ability to make outgoing and receive incoming
telephone calls is an essential element of the City of Woodburn's ability to
.. .
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provide service to the public. The City's telephones and voice mail system
are intended to be used for official business.
The City believes, however, there are occasions when employees may use
telephones for personal purposes without such usage being at odds with the
law. It is normal practice by both public and private employers to permit
employees to use business telephones to talk to family members, make
medical appointments, schedule service technicians, confer with children's
schools, and take care of any of a variety of other matters which can only
be accomplished during "regular" work hours. The City believes it is less
disruptive to permit employees to make such personal calls at their
workstation than to require an employee to take a break or leave from work
to take care of personal matters.
Personal telephone calls made during working hours from City telephones
should, of course, be brief and infrequent. Personal long distance calls may
not be made on City telephones. If it is necessary for an employee to make
personal long distance calls while at work, such calls must be made with the
employee's personal calling card, by placing a collect call, or by calling
from a pay phone.
B. Fax: Limitations on employee -use of City fax machines will follow the same
rules described above for phone use, with the following exception. Fax
machines are a relatively scarce resource, and any personal use of a fax
machine must be correspondingly more brief and infrequent than personal
phone use.
C. Mobile Phones: The City provides mobile phones to their employees
specifically to facilitate the carrying out of official business. The City's mobile
phones are not for the convenience or personal use of employees. A City
employee should not make a personal mobile call even if he or she intends
to reimburse the City at a higher rate than that generally available to the
public.
The instances when an employee may use a City mobile phone for personal
purposes are limited. An example of an occasion when an employee's
personal use of a City mobile phone would not violate Oregon Government
Standards and Practices Commission guidelines would be to contact a
spouse or child care provider to advise that the employee is going to be late
getting home or picking up children for a reason directly related to official
duties such as a meeting which ran later than expected or a last minute
change of schedule. Another permitted personal use of a City mobile
phone by an employee would be receiving an incoming call regarding a
family emergency. Employee will not be required to reimburse the City when
the mobile telephone call follows these guidelines; that is, the personal call
is directly related to official duties.
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Use of City telecommunications devices for commercial purposes is expressly
prohibited. All telecommunications device use-including the use of personal
mobile phones while on duty-must comply with departmental policies and
procedures.
11.11 POLITICAL ACTIVITY. City employees are entitled to the same rights as private
citizens with regard to holding membership in or supporting a political party; taking
part in political campaigns for non-municipal elected offices; being a candidate
for and holding political party office; voting; expressing opinions on all political
subjects and candidates; and attending political meetings, provided said
attendance is not in conflict with ORS Chapter 260. However, in order to assure
fairness and impartiality in the administration of City programs and to maintain
public confidence in the integrity of City service, the following activities are
prohibited:
A. Use of official authority or influence for the purpose of affecting the result of
any election or nomination for political office, including display of signs to the
public during working hours.
B. Holding a political office within Woodburn City government.
C. Soliciting contributions for any political party, or discussing political issues that
are not directly related to work activities, during working hours.
D. Directly or indirectly coercing, attempting to coerce, or commanding other
employees to contribute to any party, committee, organization, agency or
individual for political purposes.
Violations of this policy shall be subject to disciplinary action.
11.12 COST AND ENVIRONMENTAL CONSCIOUSNESS. Every City employee as a citizen
and tax payer, should practice every economy possible in the discharge of their
duties.
A. Lights, electric heaters, motors, etc., should be turned off when not needed.
B. City equipment should be well cared for and maintained.
C. Conservation should be practiced in the use of all City supplies.
The City recognizes that the workplace can become the trend-setter in
encouraging change in lifestyle habits that will serve to improve the livability and
sustainability of our community. As such, employees are strongly encouraged to
consider the environmental' impact of their actions and their
purchasing/consumption habits at home and at work. The City and it's employees
must work to identify and correct areas where consumption can be reduced,
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where paper use can be eliminated and other environmentally unfriendly practices
stopped. Furthermore, City employees are encouraged to live as close as possible
to their work site, and to utilize alternative forms of transportation as often as
possible to commute to work.
11.13 HARASSMENT POLICY. The City of Woodburn is committed to providing a
workplace that is respectful and productive for all of its employees. Harassment is
defined as conduct which unreasonably interferes with an employee's
performance of job duties, or creates an intimidating, hostile, or offensive
environment. Harassment on the basis of sex (includes gender, pregnancy, and
sexual orientation), race, religion, color, national origin, age, marital status,
disability, political affiliation, associating with anyone in the above categories, or
engaging in a protected activity, such as reporting harassment or other unlawful
acts, is contrary to City policy and will not be tolerated.
An employee engaged in the harassment of another individual as defined within
applicable State and Federal laws will be subject to disciplinary action, including
the possibility of discharge. It is critical that employees who believe that they have
been subjected to discrimination or harassment discuss the matter with their
supervisor immediately. Employees are encouraged but not required, as a first step,
to confront the person who harassed them and state their objection to the offensive
behavior when it occurs. When the employee believes that he/she is being
harassed or discriminated against by their supervisor, they should notify their
Department Head, or any other supervisor, manager or director, or they may
contact the Human Resources Office. Employees who believe that they have
witnessed another employee being harassed or discriminated against should also
follow this procedure. This policy does not preclude any employee from filing a
complaint with an appropriate outside agency.
Reports on harassment shall be investigated promptly. All employees involved in an
alleged case of harassment will be treated with respect and courtesy.
Confidentiality will be maintained as far as practical given the complaint, law and
the investigation procedure. If the incident is isolated and of a less serious nature,
the supervisor may attempt to resolve it informally. In any case, the supervisor (or
person responding to the complaint) is required to document the incident and
action taken, and forward a copy to the Department Head and the Human
Resources Officer.
11.14 WORKPLACE VIOLENCE. The City of Woodburn is committed to the safety and
security of its employees, citizens, and visitors. All employees are expected to
maintain high standards of employee behavior including respect for the dignity of
all individuals. As a result, threats, threatening behavior, or acts of violence against
or by employees, visitors, or guests on the City of Woodburn property will not be
tolerated. Furthermore, threats, threatening behavior, or acts of violence off City
property by city employees will also not be tolerated.
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All City of Woodburn personnel shall immediately, or as soon as is practical, notify
their supervisor, department head, or the Human Resources Officer of any threats
which they have witnessed, received, or have been told that another person has
witnessed or received. Even without an actual threat, personnel should also report
any behavior that might be carried out on a City of Woodburn controlled site, or
is connected to City employment. If the supervisor, department head, or Human
Resources Officer is not available, personnel shall report the threat to the City
Administrator's office. All supervisors and managers are responsible for taking
workplace violence issues seriously and following prevention, policies and
procedures as appropriate.
Nothing in this section shall preclude an employee upon imminent threat, or upon
becoming the victim of a crime, from directly contacting the Police Department
to report the threat or incident.
11.15 MEDICAL AND PSYCHOLOGICAL EXAMS. Medical examinations and/or
psychological evaluations may be required for existing employees if these
evaluations are necessary and permitted by law.
11.16 WORKSPACE INSPECTIONS. The City reserves the right to perform inspections of City
equipment or facilities generally, and may inspect any physical thing or area
directly connected to the City's operation in which the employee might otherwise
have an expectation of privacy (such as desk, file, lockers, cabinets, etc). The City
reserves the right to perform inspections without advance notice by any supervisor
or manager designated by the City.
11.17 DRUG-FREE WORKPLACE REQUIREMENTS. The City of Woodburn considers its
employees to be its most valuable asset, and is concerned about their safety,
health, and well-being. In keeping with this commitment, the City of Woodburn has
a strict policy regarding the inappropriate use and possession of drugs and alcohol.
Substance abuse can impair employee performance and general physical and
mental health, and may jeopardize the safety of co-workers and the general
public.
A. Prohibited Conduct: The unlawful manufacture, sale, dispensation,
distribution, possession, or use of a controlled substance is prohibited while
on City property or in City vehicles, or during work hours, including paid rest
and meal periods. In addition, the City requires all employees to report for
work fit to perform their job duties and responsibilities.
B. Chemical Testing: Where the City has reasonable SUspiCIon that an
employee is under the influence of any alcoholic intoxicants or controlled
substances, excluding any substance lawfully prescribed for the employee's
use which has not been obtained for the purpose of abuse, the City may
require that the employee immediately consent and submit to field
impairment tests, a blood test, or an unobserved urine test. The City shall pay
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for the costs of the tests. A refusal to consent and submit to any of these tests
shall subject an employee to immediate discipline, up to and including
discharge. Reasonable suspicion must be based on any objective
symptoms, such as factors related to the employee' appearance, behavior,
speech, and/or other facts.
C. Searches: The City reserves the right to conduct searches of City equipment
or facilities generally, and may search any physical thing or area directly
connected to the City's operation in which the employee might otherwise
have an expectation of privacy (such as desk, file, lockers, cabinets, etc.),
and any objects brought onto City property, when the City has reasonable
suspicion that alcohol or controlled substances may be found.
Refusal by the employee to submit to, or cooperate with said search shall
subject the employee to disciplinary action, unless otherwise covered by
collective bargaining agreement.
D. Establishment of a Drua-Free Awareness Proaram: In support of the City's
effort to assure a drug-free workplace, the City shall establish or provide
access to a drug-free awareness program to inform employees of the
following:
(1) dangers of drug abuse in the workplace;
(2) existence of and content of this policy for maintaining a drug-free
workplace;
(3) availability of drug counseling, rehabilitation, and employee
assistance programs, if any; and
(4) penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace.
The City will provide assistance to employees who are experiencing alcohol
and/or drug abuse problems to the extent possible, under its group medical
insurance plan, if applicable, and medical leave policies. Reports of
employees seeking help will be handled in a manner which respects the
confidentiality and sensitivity of the reports.
An employee experiencing performance problems and pending disciplinary
action will not be shielded from that action by pursuing assistance under this
policy.
If an employee participates in a professionally recognized treatment
program, the employee may return to work only after being certified by the
professional treatment program counselor as safe to return to work, and the
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employee tests free of controlled substances and/or alcohol.
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12 DISCIPLINE AND GRIEVANCE PROCEDURES
12.1 DISCIPLINE PROCEDURE.
A. Policy: Violations of City conduct and work rules shall result in disciplinary
action. In the administration of discipline, the City shall follow due process
as required by law.
B. Applicability: This discipline procedure applies to regular full-time employees
who are not covered by a collective bargaining agreement. The City
Attorney, Municipal Judge and employees who are probationary, limited
term/temporary, part-time, project, or are identified as at-will employees in
their employment contract, serve at the pleasure of the Appointing Authority
and are, therefore, exempt from the application of this provision.
C. Disciplinary Action: By way of illustration but without limitation, disciplinary
action shall include the following:
(1) Written reprimand.
(2) Suspension without pay.
(3) Temporary reduction in pay to a lower step within the established pay
range for the employee's classification.
(4) Demotion.
(5) Discharge.
Oral corrections may also be given to employees, but such shall not be
considered disciplinary action. The supervisor will maintain a record of all
oral corrections given with the date, time, employee's name, and offense.
The record will be maintained at the sup~rvisory level in which the violation
occurred, but shall not be placed in the employee's personnel file.
D. Due Process: For the purposes of this section, due process shall require that
the following steps be accomplished before an employee is 1) given a
written reprimand, 2) suspended without pay, 3) temporarily reduced in pay,
4) demoted, or 5) discharged.
(1) Before any decision to take disciplinary action is finalized, the following
shall occur:
a. The employee will be informed of the charges in writing and
given the information that is the basis for the possible disciplinary
action.
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b. After the employee has been informed of the charges, he or
she shall have the opportunity to meet and discuss the matter
with the supervisor who initiated the charges. If the employee
chooses to meet with the supervisor to discuss the charges,
he/she shall be allowed to have a representative present.
(2) After the decision is made, the employee shall be given written
notification thereof. If the decision is adverse to the employee, the
employee shall have the opportunity to include a statement in his/her
personnel file and to file a grievance in accordance with the
provisions contained in Section 12.2.
E. Just Cause: No employee shall be 1) suspended without pay, 2) temporarily
reduced in pay, 3) demoted, or 4) discharged without just cause. If there is
disagreement as to whether or not just cause exists, such dispute shall be
resolved in accordance with the provisions of the grievance procedure
contained in Section 12.2.
12.2 GRIEVANCE PROCEDURE.
A. Policy: It is the City's policy to assure regular employees, through the use of
a formalized procedure, a method and procedure whereby they may have
their complaints or appeals considered as fairly and as rapidly as possible
without fear of reprisal.
B. Applicability: This grievance procedure applies to regular full-time
employees who are not covered by a collective bargaining agreement. The
City Attorney, Municipal Judge and employees who are probationary,
limited term/temporary, part-time, project, or are identified as at-will
employees in their employment contract, serve at the pleasure of the
Appointing Authority and are, therefore, exempt from the application of this
provision.
C. Appeal of Disciplinary Action: All employees to whom this prOYISIOn is
applicable and who are not covered by a collective bargaining agreement
may appeal disciplinary actions in the following manner:
(1) STEP I: The employee shall discuss the grievance with his or her most
immediate supervisor within seven (7) calendar days of the
occurrence of the grievance. As part of such grievance discussion,
the employee shall notify the supervisor that the issue under discussion
is a grievance. The supervisor shall have seven (7) calendar days to
provide an oral response to the grievance.
(2) STEP 1/: If the grievance remains unresolved, the employee shall, within
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seven (7) calendar days of receipt of the supervisor's reply in Step I
above, but not more than twenty-one (21) days of the occurrence, as
outlined above, submit the grievance in written form, including at a
minimum the following:
a. A statement of the action or lack of action on the part of the
City that is the cause of the grievance;
b. The remedial action requested;
c. A statement of the reasons why remedial action is appropriate;
and
d. A statement of any rules or regulation which the employee
believes the City has not adhered to or should follow.
The written complaint shall be delivered to the supervisor. The
supervisor shall respond to the employee in writing within seven (7)
calendar days.
(3) STEP 11/: If the grievance remains unresolved, it shall be submitted in
writing within seven (7) calendar days of completion of Step II to the
Department Head. He or she will meet with the employee's
immediate supervisor and the aggrieved party and shall respond to
the grievance in writing within seven (7) calendar days.
(4) STEP IV: If the grievance remains unresolved, it shall be submitted in
writing within seven (7) calendar days of the completion of Step III to
the City Administrator. He or she shall meet with the aggrieved party
and the Department Head and shall respond to the grievance in
writing within fourteen (14) calendar days. The City Administrator has
the power to amend, modify or reduce the disciplinary action. The
decision of the City Administrator shall be final and binding upon all
parties. !
D. Post Discharae ReYiew: When an employee to whom this section is
applicable and who is not covered by a collective bargaining agreement
is discharged from City employment, the employee is entitled to a
post-discharge due process review. Following a hearing presided over by
the City Administrator or an independent hearings officer as provided
herein, the City Administrator shall determine whether there is cause to
support the discharge, make findings, and issue a determination which will
be adhered to. The City Administrator will address relevant issues raised by
the discharged employee and may consider any issue relevant to whether
cause exists for the discharge. The City Administrator will issue a written
decision which sustains, modifies or sets aside the discipline imposed.
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A record of the hearing will be made by electronic recording. A copy of the
tape may be made at the expense of any party requesting it. All documents
and other exhibits considered by the City Administrator will constitute a part
of the record, which shall be maintained in an appropriate file.
Witnesses will be administered an oath or affirmation, and cross-examination
will be permitted. Each party shall be responsible for arranging for the
appearance of witnesses upon which it intends to rely. The City will make its
own employees available on showing that they are necessary and have
relevant testimony to offer. Should the discharged employee require the
presence of any City employee at the hearing, that employee must be
identified not later than five (5) days prior to the date of the hearing.
The order of procedure at the post-discharge hearing will be as follows:
(1) The City will set forth the reasons for the discharge and the facts on
which it is based. The discharged employee may conduct
cross-examination as appropriate.
(2) The discharged employee may present evidence in support of the
appeal with or without the assistance of legal counselor other
representative.
(3) The City, with or without the assistance of legal counsel, may
cross-examine or submit evidence in rebuttal, or both.
(4) Opening statements, if any, will be brief and confined to the issues.
Closing argument, if any, will be first by the City, then by the
discharged employee. The City may offer rebuttal evidence if desired.
(5) Evidence of a type commonly relied upon by reasonably prudent
persons in the conduct of their serious affairs shall be admissible.
Irrelevant, immaterial or unduly repetitious evidence may be
excluded. Affidavits and counter-affidavits are acceptable as
evidence. If either party intends to rely on an affidavit, it shall provide
the other party with such affidavit together with the name, address
and telephone number of the affiant at least ten (10) days prior to the
hearing, or such affidavit shall be inadmissible. The City Administrator
may impose reasonable limits on questioning in the interest of the
orderly conduct of the hearing and fairness.
The City Administrator may, at his or her discretion, appoint an independent
hearings officer who shall conduct the proceedings in accordance with this
section. In such event, all provisions of the section related to the duties and
authority of the City Administrator shall also apply to the hearings officer in
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the conduct of the hearing. The hearings officer shall issue recommended
findings which shall be reviewed by the City Administrator based solely on
the record and applicable law. The City Administrator may add or delete
findings from the hearings officer's recommended findings and shall issue a
final written decision within twenty (20) working days from receipt of the
recommended findings.
E. Time Limits: Any or all time limits specified in this grievance procedure may
be waived by mutual consent of the parties. Failure to submit the grievance
in accordance with these time limits without such waiver shall constitute
abandonment of the grievance. Failure by the City to submit a reply within
the specified time will constitute a rejection of the grievance at that Step. A
grievance may also be terminated at any time upon receipt of a signed
statement from the employee that the matter has been resolved.
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13 SAFETY fRISK MANAGEMENT
13.1 POLICY STATEMENT. It is the City's desire and intention to provide and maintain for
employees a safe work area, safe equipment, and to establish and insist upon safe
work practices by each employee throughout our operation. It is the firm and
continuing policy of the City of Woodburn that on-the-job accidents are to be
reduced or eliminated by the use of every reasonable precaution.
13.2 SAFETY RESPONSIBILITIES.
A. Manaqement: The City's management team is accountable for the
prevention of workplace injuries and illness. Department Heads, with
assistance from the Human Resources Office and the Safety Committee,
provide direction and full support to supervisors and employees regarding
safety and health, job training, and hazard elimination procedures.
Management must keep fully informed about safety and health issues
throughout the City in order to review continually the effectiveness of our
safety and health programs.
B. Supervisors: Supervisors are directly responsible for supervising and training
their workers in proper procedures, work practices, and safe methods.
Supervisors must enforce City policies and department rules and take
immediate corrective action to eliminate hazardous conditions and
practices. Supervisors will not permit safety to be sacrificed and will be held
accountable for safety and heath issues in the workplace.
C. Safety Committee: The Safety Committee is responsive for regularly
conducting safety investigations of each department and/or building and
making recommendations for improving safety and health in the workplace.
It is accountable for defining problems and removing obstacles to accident
prevention; identifying hazards and recommending corrective actions;
evaluating the City's accountability system, related policies and programs,
and making recommendations for improvement and implementation;
establishing procedures foraccidenfinyestigations; and receiYing safety and
health training and instruction.
D. Employees: Each employee, regardless of position within the City, has
personal responsibility for his or her own safety and is expected to cooperate
in all aspects of the City's safety and health programs, including these
requirements:
(1) Report all accidents immediately to supervisor;
(2) Always wear personal protective equipment as required;
{3} Report hazardous conditions or other safety and health concerns
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immediately to a supervisor;
(4) Correct hazardous conditions or other safety/health concerns
immediately where it is safe to do so; and
(5) Participate in Safety Committee activities and support Safety
Committee membership.
13.3 ACCIDENT REPORTING AND INVESTIGATION. Every accident resulting in bodily injury
or property damage must be investigated and reported by the employee's
supervisor. Vehicle accidents will be investigated by the Department Head or by
an ad hoc Accident Review Committee designated by the manager, following
procedures established by the City Administrator.
When accidents occur on City property or in City vehicles, the employee shall
contact his or her supervisor immediately. The supervisor shall complete an incident
report form and submit it to the City Recorder no more than twenty-four (24) hours
after the incident occurs. In the case of vehicle accidents, the Police Department
shall also be notified immediately.
It is the intent of the City to use the investigation process to upgrade practices and
procedures, and to provide material for ongoing safety programs in an overall
attempt to make the City a safer place to work.
13.4 VIOLATION OF TH E SAFETY POLICY. In order to maintain a safe and productive work
environment, a violation of departmental safety rules and procedures will be
considered a very serious case of misconduct and will be subject to disciplinary
action.
13.5 EMPLOYEE HEALTH AND WELLNESS.
A. Health and Wellness Policy: The City of Woodburn recognizes the positive
relationship between employee wellness and increased productivity,
improved morale, and reduced absenteeism. The City actively supports and
promotes employee health and wellness through the activities of the
Woodburn Safety Committee. Information regarding current health and
wellness programs can be found in the Human Resources Office.
B. Tobacco Use Policy: The purpose of this section is to provide employees with
an understanding of the City's policy on tobacco use. The policy is designed
to foster the health and safety of all employees. Tobacco use is defined for
the purposes of this section as the use of tobacco products, including but not
limited to cigarettes, cigars, pipes and smokeless tobacco. Tobacco use
poses a significant risk to the health of the user, is a major contributor to
indoor air pollution, is associated with adverse health effects upon non-
smokers exposed to side-stream smoke, and is a safety hazard causing
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increased costs for repair and maintenance to offices and equipment.
Tobacco use is prohibited in all City facilities, including but not limited to
offices, hallways, restrooms, jail, lunch rooms, elevators, meeting rooms, city
vehicles, and community work areas. This prohibition shall apply to all
employees, clients, and visitors. Tobacco use may be permitted only in
outdoor areas specifically identified as tobacco use areas.
The City of Woodburn will provide assistance to employees who desire to
cease smoking to the most reasonable extent possible under its group
medical insurance plan and City-sponsored wellness and health programs
which may address this issue.
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14 NETWORK USER'S POLICIES
14.1 POLICY. The purposes of the City's computer and other electronic systems,
including but not limited to e-mail and the Internet, are to provide an efficient and
effective means of internal and external communications, and to improve work
product. All data, including any that is stored or printed as a document, is subject
to audit and review. There is no expectation of personal privacy in the use of
network resources for activities including, but not limited to, access to the Internet
or e-mail use for business or personal purposes.
City computers and software may be used for incidental personal use, in
accordance with the provisions of this section and any policies or procedures
developed by individual departments concerning computer and software use.
Incidental personal use is defined for the purposes of this section as brief and
infrequent non-commercial personal use. The provisions of this section in no way
preclude department heads from establishing more restrictive usage guidelines for
individual employees or for their department.
The City has adopted standards for software and hardware and will continue to
update those standards to keep abreast of technological advances. Information
Services (IS), staff will support programs or equipment that meet the City's
standards. This does not preclude individual departments from buying
non-standard items. However, City IS staff will not support those items.
14.2 NETWORK ADMINISTRATION. The Finance Director is responsible for network
administration. Management of network operations and security is performed by
an employee designated by the Finance Director as the System Administrator.
14.3 PROCEDURES. Network and desktop hardware and software are acquired to assist
City employees in efficiently fulfilling their job responsibilities. It is important these
tools be used appropriately. The fOllowing procedures address appropriate use of
network assets, and the responsibilities of users and management.
I
A. Hardware: Network hardware includes servers, hubs, switches, and cabling.
Desktop hardware, generally, consists of: CPU's (central processing units),
monitors, floppy disk drives, hard drives, printers, back-up devices, surge
protectors, modems, scanners, mouses, or any device attached to the CPU.
(1) Users are responsible for the care and maintenance of the desktop
hardware assigned to them. Users should avoid subjecting the
hardware in their care to damaging environmental conditions,
including but not limited to: excessive heat, humidity, or dust; exposure
to liquids (e.g., coffee spills); or physical vibrations or bumps that may
cause damage to the hardware.
(2) Users must not change internal hardware settings or alter internal
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hardware without authorization by the System Administrator.
Hardware settings include changes to the internal BIOS (Basic
Input/Output Systems), and hardware alterations include adding,
removing, orexchanging internal devices (e.g., hard drive, video card,
memory).
(3) Users shall not remove any City-owned hardware from City premises
without the express permission of their Department Head.
B. Software: Network software provides communication within the Wide Area
Network. Application software is the programs which are loaded onto the
PC's hard drive. These programs consists of: word processing, spreadsheet,
data base, e-mail, accounting/payroll, utility billing, engineering, etc.
(1) Computer games shall not be installed on City-owned computers.
(2) Due to the potential of introducing data destroying viruses into
computer systems, only software, hardware, and diskettes owned by
the City shall be used on City computer systems. Exceptions may be
approved on an individual basis by the Department Head. Diskettes
used outside the City's network must first be tested for viruses using the
City's virus protection software before they may be used on the city's
network.
(3) If a user becomes aware of a virus, the user must immediately contact
the System Administrator and take no further action without
authorization by the System Administrator.
(4) Software shall be used in accordance with the software license
supplied by the software's publisher, provided that the software license
complies with state and federal law. As a general guideline, software
is licensed for use on one machine at a time. Departments may seek
clarification of individual software licenses from the City's legal
department.
(5) Copyrighted software shall be copied for backup or archive purposes
only as permitted by the license agreement. Duplication of software
or documentation for any other purposes is prohibited.
(6) Public domain or shareware software shall not be used on city-owned
computers, workstations or file servers. Exceptions may be approved
on a individual basis after software has been reviewed by the
Department Head and the System Administrator.
(7) Use of non-commercial bulletin boards for downloading software to
City-owned computers is prohibited. Exceptions may be approved on
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an individual basis upon request to the Department Head.
(8) It is the responsibility of each department head to insure that all
department employees comply with hardware/software policies.
C. Electronic Mail: E-mail is intended for business use. Incidental personal use
by employees may be permitted, but such use comes with both the implicit
and express consent of the employee for the City to monitor and disclose e-
mail. Incidental personal use of e-mail should occur briefly and infrequently,
and shall not be conducted while on-duty. Commercial use of the City's e-
mail system is expressly prohibited.
(1) The City considers e-mail to be like any other document stored on the
premises. E-mail is the property of the City. As such:
a. There is no reasonable expectation of privacy in e-mail, evenif
the system utilizes passwords. Such passwords are for the City's
protection, not for the privacy of employee e-mail.
b. The City reserves the right to monitor and disclose e-mail.
c. Monitoring may occur without notice.
d. Evidence of misuse of e-mail gathered through monitoring may
be used in disciplinary actions.
e. E-mail messages are public records, and as such, they are
subject to the same rules for public inspection and retention that
apply to paper public records.
(2) The City's e-mail system creates a permanent record of messages.
E-mail should be composed using. the same professionalism and
decorum as written communications and other methods of
communication that leave a perm<!ment record.
(3) Misuse of.the e-mail system is prohibited. Specifically prohibited uses
include messages that are offensive, defamatory, harassing, or
inconsistent with the City's policies regarding equal opportunity,
harassment, or solicitation. Use of City e-mail for commercial purposes
is also considered to be misuse, and is expressly prohibited.
(4) Employees should realize that e-mail transmitted via the Internet is
neither confidential nor secure. Employees are strongly urged not to
send confidential information via e-mail without encryption.
D. Internet: The City recognizes the Internet (including the World Wide Web and
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news groups) as an effective business tool. It is also understood that the
Internet invites abuse. As such, the following rules and guidelines are
prescribed for users:
(1) Internet use is intended for City business. Incidental personal use by
employees may be permitted, but such use comes with both the
implicit and express consent of the employee for the City to monitor
and disclose internet usage. Incidental personal use of the internet
must occur infrequently, and shall be conducted only during the
employee's regularly scheduled lunch period. Com mercial use of the
City's internet service is expressly prohibited.
(2) Internet access is a revokable privilege provided for authorized
employees as a business tool, utilizing systems that are the property of
the City. As such:
a. There is no reasonable expectation of privacy in internet use,
even if the system utilizes passwords. Such passwords are for the
City's protection, not for the privacy of employee internet use.
b. The City reserves the right to monitor and disclose internet use.
c. Monitoring may occur without notice.
d. Evidence of misuse of internet use gathered through monitoring
may be used in disciplinary actions.
(3) Access to the Internet is provided by the City with the authorization of
a Department Head. Specific approval for an Internet connection
must be approved by a Department Head. Approval for access will
be based upon a demonstrated need for work related research or
data acquisition. The City reserves the right to revoke or restrict
internet access privileges with or without cause or warning.
I
(4) Examples of improper internet use include, but are not limited to:
a. Accessing web sites or news groups that are not related to the
business of the City while on-duty.
b. Downloading, storing, or distributing information that is offensive,
defamatory, harassing, sexually explicit, or inconsistent with the
City's policies regarding equal opportunity, harassment, or
solicitation.
c. Use of the Internet for personal business ventures.
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d.
Infringing uses of copyrighted or otherwise proprietary
information.
e.
Misuse of City resources to "hack" or cause damage to other
networks, including the City's network.
f.
Uses that disrupt or interfere with the work of other network users,
or adversely affects the operation of the Internet or the City's
network.
Improper use of internet privileges will result in disciplinary action.
E. Network User Security Guidelines:
(1) The use of passwords is a primary method of securing the City's
personal computer based wide area network. Users have the
obligation to maintain the security of the system and safeguard the
security of the network by safeguarding their passwords. Each network
user shall be established with his or her own password. New
employees will be added following a request by a supervisor or
department head.
(2) Some employees feel they must regularly share password and login
rights to share word processing documents and spreadsheets. This is
not the case. Network user rights are flexible enough to
accommodate most, if not all, data sharing needs of individual
employees without sharing passwords.
(3) The primary function of passwords is to keep unauthorized users off of
the network. Passwords are for the City's protection, not for the
privacy of employee use of hardware and software. Passwords used
to protect files or folders on an individual user's PC must be made
available to the user's Department/Division Head. Unauthorized use
of password protection is prohibited.
(4) Passwords will be changed at least annually. The network menu
provides users the opportunity to change passwords on demand once
the user's initial password has been entered by the System
Administrator. This option should be exercised anytime a network user
suspects that someone else has learned their password.
(5) Employees shall not access or view co-worker's files without express
permission by the employee, or by the employee's supervisor or
department head.
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(6) Employees who gain knowledge of potential security breaches or
computer mischief programs, such as viruses, shall notify a supervisor
or department head, who will, in turn, notify the System Administrator.
(7) The System Administrator must be immediately informed when an
employee leaves or changes work groups.
(8) Employees should logout when not working in the network. Network
users must treat their information resources like any critical work tool.
Logging out at the conclusion of a session secures against
unauthorized use.
(9) Unauthorized installation or use of network "hack" software or
hardware is expressly prohibited.
F. Data Storaoe Guidelines:
(1) Back up of network drives is the responsibility of the IS staff. These
drives are backed up at least once each day. Management of data
(including backup) at the desk top remains the users' responsibility.
Consequently, users are strongly urged to store their files on the
network drives.
(2) Backups are regularly performed for users who store their data on a
network server. Users who store data on local hard drives, or floppy
diskettes, must perform their own backups. Those lacking backup
capabilities, or needing assistance in formulating an effective backup
strategy, should contact the IS staff.
(3) Users should appreciate the difference between backing-up and
archiving data. A data backup is a recent copy of important data,
available for restoration should a system failure occur. Backups are
typically renewed on a rotating basis, causing old versions of data to
be overwritten by new version~. Data archiving is intended to establish
a permanent copy of data. Once a file is effectively archived, users
are able to remove files from their current work areas with confidence
that the files will be available should they be needed in the future.
(4) While personal computer systems are typically assigned to specific
individuals, and even network configurations provide "private" areas
for individual users, City users should realize that their files are being
stored on publicly owned devices. The information stored on these
.. devices constitutes City property.
14.4 SUMMARY. The proper use of City computers and related equipment enhances
productivity and allows the City to better meet increased service needs. It is the
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responsibility of each City employee to use this equipment in an appropriate
manner. Violation of the policies or procedures set forth in this policy may be
grounds for disciplinary action.
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15 ADDITIONAL POLICIES
15.1 SICK LEAVE BANK.
A. Policy: A sick-leave bank is offered to aid eligible employees in the event of
their own, or the catastrophic injury or illness of an immediate family
member. The bank may provide a cushion by covering the employee from
the time between when all their leave is exhausted and when long-term
disability payments commence. The bank will be funded by donation of
vacation leave by City employees, and from a portion of vacation accrual
"lost" by employees due to their failure to expend vacation leave below
allowable caps prior to annual deadlines.
B. Definitions:
(1) Eligible Employee means a regular, non-probationary City employee
accruing sick leave, employed by the City for a period of no less than
six (6) months.
(2) Immediate Family is limited to spouse, parent, natural, adopted or
step-child and includes only those individuals who live in the same
household as the eligible employee or those living in another
household who are totally dependent on the employee for personal
care or services on a continuing basis.
(3) Catastrophic Injury or Illness is defined as a permanent and continuous
condition caused by disease, illness, or injury. A physician, after
personally examining the individual, shall certify in writing that the
medical condition found during the course of the examination is such
that: 1) In the case of a medical condition of an eligible employee,
there is no reasonable expectation that the individual may be able to
return to work within the following four [4] months; or 2} Death of the
eligible employee or immediate family member from this condition
would likely occur as a result df the disease, illness, or injury within one
[1] year without the application of life sustaining procedures.
C. Enrollment Periods: Only eligible employees, as defined above, may enroll
in the Sick Leave Bank Program. Application to participate in the Sick Leave
Bank Program shall be made using the "Sick Leave Bank Program
Application Form," and submitted to the Human Resources Office during
designated enrollment periods. The application form will authorize the City
to deduct vacation leave hours from the employee's leave bank.
Enrollment will take place in January of each calendar year. Special
enrollment periods may be opened as need arises to replenish the bank. The
minimum donation for participation is eight (8) hours, with any additional time
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donated during that specific enrollment period in four (4) hour increments.
In order to be a recipient of sick leave hours under this program, an eligible
employee must have donated a minimum of eight (8) hours within the same
calendar year in which the request for withdrawal is made.
D. Withdrawal Procedures: Application to draw from the Sick Leave Bank shall
be made using the "Sick Leave Bank Draw Application Form," which shall be
submitted to the City Administrator.
Applicants must meet the following conditions:
(1) Applicant must be an eligible employee, as defined;
(2) Applicant must be a current participant in the Sick Leave Bank
Program;
(3) All accumulated sick, vacation, and compensatory leave must first be
expended, followed by unpaid leave of seven (7) days prior to initial
draw; and
(4) Applicant is not eligible to draw from the Bank if he or she is receiving
long term disability or worker's compensation.
The application must be signed and accompanied by a "Sick Leave Bank -
Physician's Certification of Catastrophic Injury or Illness" form. The form is to
certify the applicant has a catastrophic illness or injury, as defined. In
completing the form, the certifying physician is also required to estimate how
long, in days, the recovery is expected to take. If recovery takes longer than
the physician's estimate, and additional sick leave is required, the applicant
must reapply to the City Administrator for an extension. Extensions will be
granted in no more than fifteen (15) day increments, and must be
accompanied by a new physician's certification form. All sick leave
accrued by the end of the initial draw peribd must be exhausted before the
extension begins.
E. Review: The City Administrator shall, within seven days after the application
has been submitted, review the application for compliance with the
established conditions and requirements, and approve or deny the
application based on findings and conclusions reached from that review.
The City Administrator's decision shall be rendered in writing, shall be final,
and not subject to appeal. The City Administrator shall have the right to
request such additional information from the applicant as necessary to
substantiate claims made in the application materials, including, but not
limited to the opinion of a second physician selected by the City.
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F. Reporting: Recipients of donated leave are required to send written notice
to the City Administrator's Office at the mid-point, and at any time during the
leave of absence when a substantive change occurs. Such notice shall
detail any changes in the estimated time of return and keeping the City
apprised of changes in the individual's condition. A substantive change is
defined as change in the physician's recommendation for the date that the
recipient may return to work.
G. Termination of Leave: Leave will be terminated if any of the following
conditions apply:
(1) On the date identified on the "Physician's Certification" form.
(2) If the recipient recovers more rapidly than the physician initially
estimated, the recipient must terminate leave as soon as the physician
deems appropriate. Failure to notify the physician of this requirement,
or to report changes in the estimated date of return to the City
Administrator will subject the recipient to disciplinary action, as
described in the Participation Abuse section below.
(3) The recipient is receiving long-term disability or workers' compensation
benefits. .
(4) If the balance in the Sick Leave Bank is fully expended.
Note: The Sick Leave Bank must be self-supporting. If a request is approved
and the bank is low or empty, a notice will be sent to all employees
indicating that there is a need for additional time. If additional time is not
donated, the requesting party will be unable to receive shared leave.
H. Bank Fundinq and Operations: The Sick Leave Bank will be funded by
employee contributions of vacation time only. Accumulated Sick Leave,
Compensatory Time Off, or other accumulated leaves shall not be
substituted for vacation leave wh~n donating to the sick leave bank. All
vacation time donated will be on an hour for hour basis regardless of hourly
pay differentials between donating employees and recipients.
The City Administrator's office will account for the donation and disbursement
of catastrophic leave hours.
I. Participation Abuse: The City Administrator shall investigate alleged abuse
of the Sick Leave Bank. If an employee is found to have abused use of the
Sick Leave Bank, the employee shall repay that portion of sick leave credit
drawn from the Bank to which the employee is found not to have been
entitled, and may be subject to other disciplinary action as determined by
the City Administrator and pursuant to Section 12 of this manual.
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15.2 FAMILY MEDICAL LEAVE POLICY. The City of Woodburn recognizes that employees
need support in balancing their work with personal and family responsibilities. The
following document outlines the City's policies in compliance with the federal and
State of Oregon leave laws. Not every detail of those laws can be included, and
the City will administer this policy in accordance with all legal requirements.
Requests for benefits under these laws may be reviewed on a case-by-case basis.
A. Overview: The City of Woodburn's family medical leave policy combines
benefits required by the federal Family and Medical Leave Act ("FMLA") and
state law.
(1) Reasons for Leave: Fa mily medical leave may be ta ken for a ny of the
following four purposes:
a. For the birth of a child or for placement of a child under 18
years of age with the employee for adoption or foster care
(Parental Leave);
b. To care for a family member with a serious health condition
(family member is defined to include: spouse, parent,
parent-in-law and/or child) (leave to care for a parent-in-law is
only required by state law);
c. To recover from or seek treatment for a serious health condition
of the employee; and/or
d. To care for a child who suffers from an illness or injury that does
not qualify as a serious health condition but that requires home
care (this type of family medical leave may also be referred to
as "sick child leave" and is only required by state law).
(2) Lenath of Leave: In any calenda~ year calculation period, eligible
employees are entitled to the following amounts of family medical
leave:
a. Twelve (12) weeks of family medical leave;
b. Twelve (12) weeks of leave for an illness, injury or condition
related to pregnancy or childbirth that disables the employee;
and
c. Employees who take up to twelve (12) weeks of parental leave
(item 15.2A( 1) above) are also eligible for up to twelve (12)
weeks of leave to care for a sick child.
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Sometimes more than one type of leave may apply to a situation. Where
allowed by the federal or state law, leaves will run concurrently. This means
that workers' compensation leave, leave for a nonindustrial injury or illness,
leave as a reasonable accommodation for a qualified individual with a
disability, federal family medical leave and state family medical leave will
all run concurrently and be counted against the employee's family medical
leave entitlement during a calendar year calculation period.
When two family members work for the City, both employees may not take
family leave at the same time unless: one employee needs to care for the
other employee who is suffering from a serious health condition; or one
employee needs to care for a child who has a serious health condition while
the other employee is also suffering from a serious health condition; or the
supervisor allows concurrent leave.
B. Basic Provisions Related to Family Medical Leave:
(1) Certification: Employees must provide certification from their health
care provider to support a family medical leave. Where the need for
the leave is anticipated, employees must provide the certification in
advance of the leave. Medical certification is not required for
parental leave, although employees may be required to provide
documents evidencing birth, adoption or foster placement. If family
medical leave is for the employee's own serious health condition, the
employee will also be required to furnish a "Physicians Certification of
Fitness to Return to Work" from his/her health care provider at least two
working days before returning to work.
(2) Benefits Continuation: While an employee is on a qualified family
medical leave required under federal law, the City will continue
his/her group health insurance (medical and dental) for up to twelve
(12) weeks provided that the employee pay, if any, his/her portion of
the premiums. Continuation Qf other benefits, including but not limited
to, life and long term disability insurance, will be available at the
expense of the employee for the time period in which the employee
is on unpaid leave. If applicable, employees will be asked to
authorize payroll deductions for any employee insurance premiums
not already paid by the City while the employee is on leave. In
certain situations, the City shall take steps to recover any premiums
paid on an employee's behalf for group medical insurance during
his/her leave. For example, if after a leave the employee decides not
to return to work for reasons other than his/her own serious medical
condition or the serious medical condition of a family member or other
circumstances beyond the employee's control, the City reserves the
right to recover those premiums paid on the employee's behalf for
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health insurance during his/her unpaid leave.
If the employee qualify for leave for his/her own or a family member's
serious health condition, the employee may take intermittent leave or
work a reduced schedule. City approval is required to take
intermittent leave or work a reduced schedule in the case of leave for
the birth of a child or placement of a child under the age of 18 with
the employee for adoption or foster care. Time taken off while on
intermittent leave will be on actual time basis calculated to the
nearest one-quarter hour.
(3) Benefit Status and Accrual: If eligible for sick leave under the law,
employee contract, or City policy, the employee shall be placed on
sick leave. If sick leave is exhausted, applicable accumulated
holiday, compensatory time, and vacation leave will be utilized in that
order, however, an employee may, by prior notification of his or her
desire to do so, reserve an aggregate total of eighty (80) hours of such
leave for future use.
While on federal Family Medical Leave, an employee will retain credit
for seniority, pension plan, sick leave, vacation and holiday time
earned prior to his/her leave, except for the amount of paid leave
time he/she uses during the leave. For those employees who have
specified holidays paid by the City, they will not be eligible for holiday
pay unless they are on paid leave the business day before and the
business day after the holiday. Employees will not accrue leave time
during any part of their leave in which they are absent without pay.
( 4)
Absenteeism: Absences due to family medical leave which are within
the maximum required by law are not a basis for corrective action for
absenteeism.
(5)
Reinstatement: When an employee returns to work, he/she will be
reinstated to his/her former position,lregardless of whether the job has
been renamed or reclassified. If the employee's former job has been
eliminated, he/she will be reinstated to an available equivalent
position which is vacant or not permanently filled.
One-Year Calculation Period: The 12-month period during which
leave is available (one-year leave calculation period) will coincide
with the calendar year. The first day of each calendar year will begin
a new one-year calculation period for purposes of this policy.
c. Familv Medical Leave of Absence:
(1) Eligibility Requirements:
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Oregon: To qualify for state family medical leave of absence, an
employee must have been employed at least 180 calendar days (6
months) and have worked an average of 25 or more hours per week
in the 180 calendar days preceding the leave.
Federal: To qualify for federal family medical leave of absence, an
employee must have been an employee of the City for a minimum of
12 months (need not be consecutive) and have worked a minimum
of 1,250 hours in the preceding 12 months.
There may be a period of time when employees are eligible for leave
under state but not federal family medical leave law. In situations
where either set of rules may be applied, the City will always apply the
rules that grant the employee the most favorable benefits.
(2) Length of Leave: Federal and/or state leave laws entitle an eligible
employee, in any given year, to twelve (12) weeks of leave for any of
the following four purposes:
a. Parental leave (see Section 15.2D below);
b. To care for a family member with a serious health condition --
eligible family members include the employee's minor children,
spouse, parents or parents-in-law (leave to care for a
parent-in-law is required under state law only);
c. To care for the employee's own serious health condition; and/or
d. To care for a child who suffers from an illness or injury that does
not qualify as a serious health condition but that requires home
care (this type of leave is called "sick child" leave and is
required under state law only).
I
(3) Serious Health Condition: A serious health condition is defined as an
illness, injury, impairment or physical or mental condition that involves:
a. Inpatient Care in a hospital, hospice or residential medical
facility including a period of incapacity connected with
inpatient care; or
b. Continuing Treatment by a health care provider for a serious
health condition for:
-Incapacity of more than three days;
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-Any period of incapacity for pregnancy or prenatal care;
-Any period of incapacity or treatment for a chronic serious
health condition (such as asthma, diabetes, epilepsy, etc.);
-Permanent or long-term incapacity for which treatment may
not be effective (such as Alzheimer's, a severe stroke, terminal
stages of a disease, etc.);
-Multiple treatments for restorative surgery or a condition that,
if not treated, would likely result in incapacity of more than three
calendar days (such as chemotherapy for cancer, physical
therapy for arthritis, dialysis for kidney disease, etc.).
(4) Leave Request: An employee's request for a family leave must be
submitted in writing to his/her supervisor at least thirty (30) days prior to
the leave. If a qualifying reason precludes the employee from giving
the City thirty (30) days notice, then the employee is to give the City as
much advance notice as practicable. The employee must provide
medical verification of the serious health condition from his/her health
care provider. If the employee has used three (3) days of leave within
the calendar year calculation period to care for a sick child, he/she
may be required to obtain a "Certification of Physician or Practitioner"
form to support a request for any additional leave to care for a sick
child. In this case, the City will pay the cost of obtaining the medical
certification if it is not covered by the employee's health insurance
plan. It should be noted that the three (3) days available for a sick
child care need not be for consecutive days nor that it be for the
same child.
Certification forms for "Request for Family Medical Leave" and
"Certification of Physician or Practitioner" are available through the
employee's supervisor and/or the Human Resources Office.
Employees should return the completed form(s) to their supervisor.
If an employee fails to give notice of as required by this policy, the City
may reduce the family leave by three weeks or delay the start of the
leave as may be allowed under federal and state regulations.
(5) Benefit Status: Eligibility for paid leave time is provided for under
Section 15.2B(3) of this policy.
(6) Leave to Care for a Sick Child: In the event an employee requests
leave to care for a sick child and another family member is available
to care for the child, the City will not approve the employee's request
for leave. No leave will be allowed except as specifically provided by
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this policy or by applicable collective bargaining agreement or City
Personnel Manual.
D. Parental Leave of Absence:
(1) Eligibility Requirements:
Oregon: To qualify for state family medical leave of absence, an
employee must have been employed by the City for at least 180
calendar days.
Federal: To qualify for federal family medical leave, an employee
must have been employed by the City for at least 12 months and
worked at least 1,250 hours in the previous 12 months.
There is a period of time where an employee may be eligible for state
but not federal family medical leave. During this period, the
employee will not be eligible for benefit continuation, which is only
required by federal law.
(2) Length of Leave: Parental leave is designed to give an employee an
opportunity to care for his/her child (birth, placement of child with
employee for adoption or foster care). One uninterrupted leave
period not to exceed twelve (12) weeks is available to a parent and
must be taken within twelve (12) months of the event.
(3) Leave Request: Employees must provide thirty (30) days advance
notice if the leave is foreseeable. To apply for a parental leave of
absence, employees must notify their supervisor and obtain a "Request
for Family Medical Leave" form. If the reason for the leave is
unforeseeable, employees must give the City oral notice within
twenty-four (24) hours of the commencement of the leave and must
provide written notice within three days of their return to work.
I
(4) Intermittent Work: With City approval, employees may be allowed to
work intermittently during their parental leave. Requests for this option
would be reviewed on a case-by-case basis for approval by the City.
(5) Benefit Status: If eligible for sick leave under the law, employee
contract, or city policy, the employee shall be placed on sick leave.
If sick leave is exhausted, applicable accumulated holiday,
compensatory time, and vacation leave will be utilized in that order,
however, an employee may, by prior notification of his or her desire to
do so, reserve an aggregate total of eighty (80) hours of such leave for
future use.
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An employee will retain credit for pension plan, sick leave, vacation
and holiday time earned prior to his/her leave, except for the amount
of paid leave time used during the leave. For those employees who
have specified holidays paid by the City, they will not be eligible for
holiday pay unless they are on paid leave the business day before
and the business day after the holiday. Employees will not accrue
leave time during any part of their leave in which they are absent
without pay.
(6) Relationship of Parental Leave to Family Leave for a Serious Health
Condition: Employees who have taken the up to twelve (12) weeks of
parental leave are entitled to an additional twelve (12) weeks to care
for a sick child. The definition of sick child is something less than a child
suffering for a serious health condition. In the event an employee must
care for a family member with a serious health condition or to recover
from or seek treatment for their own serious illness, the cumulative time
allowed under family medical leave is twelve (12) weeks. No leave
will be allowed except as specifically provided by this policy or by
applicable collective bargaining agreement or City Personnel
Manual.
E. Preqnancy Leave: Oregon Law provides female employees with an
additional twelve (12) weeks of leave for conditions related to pregnancy or
childbirth that render the employee incapable of performing her job. Such
pregnancy leave is in addition to the twelve (12) weeks of parental leave
provided for in Section 15.2D hereof.
Employees must provide thirty (30) days advance notice when the leave is
foreseeable. To apply for pregnancy leave, employees must notify their
supervisor and obtain "Request for Family Medical Leave" and "Certification
of Physician or Practitioner" forms.
If eligible for sick leave under the law, employee contract, or city policy, the
employee shall be placed on sick leave. If sick leave is exhausted,
applicable accumulated holiday, compensatory time, and yacation leave
will be utilized in that order, however, an employee may, by prior notification
of her desire to do so, reserve an aggregate total of eighty (80) hours of such
leave for future use.
Employees will retain credit for pension plan, sick leave, vacation and
holiday time earned prior to their leave, except for the amount of paid leave
time used during the leave. For those employees who have specified
holidays paid by the City, they will not be eligible for hOliday pay unless they
are on paid leave the business day before and the business day after the
holiday. Employees will not accrue leave time during any part of their leave
in which they are absent without pay.
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15.3 COBRA BENEFITS - CONTINUATION COVERAGE OF HEALTH INSURANCE. Under
certain circumstances, employees and their enrolled dependents may have the
right to continue coverage beyond the time coverage would have ordinarily
ended. The following rights and obligations regarding continuation of coverage
are governed by the Consolidated Omnibus Budget Reconciliation Act of 1985
(COBRA) as amended. In the event of any conflict between this Continuation of
Coverage provision and COBRA COBRA shall govern.
A. Electing for Continuation of Coveraae: Employees covered under the City's
group plan have the right to elect continuation of coverage if they would
otherwise lose coverage because of a reduction in hours of employment or
termination of employment (for reasons other than gross misconduct). If an
employee elects for COBRA continuation as a result of a reduction of hours
of employment or termination of employment (for reasons other than gross
misconduct), their qualified domestic partner may also elect COBRA
continuation. (This is the only circumstance under which a qualified
domestic partner may elect COBRA continuation.
The employee's spouse has the right to choose continuation of coverage if
he or she would otherwise lose coverage for any of the following reasons:
(1) the employee dies;
(2) termination of the employee's employment;
(3) dissolution of marriage or legal separation from the employee; or
(4) the employee becomes entitled to Medicare.
The employee's enrolled dependent child has the right to continuation of
coverage if coverage would otherwise be lost for any of the following
reasons:
(5) the employee dies;
(6) termination of the employee's employment;
(7) dissolution of marriage or legal separation from the employee;
(8) the employee becomes entitled to Medicare;
(9) the child loses eligibility as a dependent under the contract.
A natural born child or a child placed for adoption with the employee with
an employee who is properly enrolled the terms of the contract during the
continuation period shall be considered a qualified beneficiary.
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B. Notification ResDonsibilities: Employees or their enrolled dependents have the
responsibility to inform the Human Resources Officer in writing of a divorce,
legal separation, or a child losing dependent status within sixty (60) days of
the date of the event. The City has the responsibility to notify the health
insurance provider of the employee's death, termination of employment,
reduction in hours, or Medicare eligibility.
C. Once Notification is Given: When the Human Resources Officeris notified that
one of these events has happened, the Human Resources Officer will in turn
notify the employee or the employee's dependent that the employee or the
employee's depended has the right to elect continuation of coverage.
Under this provision, the employee or the employee's dependent has sixty
(60) days from the date coverage would have otherwise been lost because
of one of the events described previously or sixty (60) days later, to elect
continuation. Failure to elect continuation within that period will cause
group health plan coverage to end as it normally would under the terms of
the contract.
D. Available Coverage: The coverage for continuation of coverage is required
to be the same as that provided to similarly situated employees and their
enrolled dependents.
The employee must elect at least the core medical portion of his or her
coverage. However, the employee does not have to continue "non-core"
benefits such as dental or vision coverage. Additionally, the employee's
spouse or dependents may make elections that are different from the
employee's. Employees may contact the Human Resources Office for a
detailed explanation of the employee's choices and what premium rates
would apply.
E. Making Monthly Payments: The employee or his or her enrolled dependent
is responsible for the full cost of continuation unless the City has specific
provisions to pay for this coverage under sP1ecial circumstances. Check with
the Human Resources Office to find out if there are any such policies.
Premium for continuation of coverage must be paid to the group on a timely
basis within thirty-one (31) days of the group's Premium Due Date. The only
exception is the premium payment for the period preceding the election
which may be made up to forty-five (45) days from the date of election,
however, premiums must be paid back to the point the employee became
eligible. Premium for those on continuation must be submitted to the City's
insurance carrier each month with the group's regular monthly premium
payment in order to maintain continuation of coverage.
F. How Lonq Continued Coverage Lasts: Coverage may be continued as
follows:
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(1) For termination of employment or reduction of hours, continuation
may last for up to eighteen (18) months. However, there is one
exception. It applies when a qualified beneficiary is determined by
the Social Security Administration to have been disabled at any time
during the first sixty (60) days of continuation coverage. In that
situation, each qualified beneficiary may have up to a total of twenty-
nine (29) months of continuation, but only if the Social Security
Administration makes the determination within the first eighteen (18)
months of that continuation period and the qualified beneficiary
notifies the Human Resources Officer both within that eighteen (18)
month period and within sixty (60) days of the determination.
Thereafter, if there is a final determination of nondisability, the qualified
beneficiary must so notify the Human Resources Officer within thirty-
one (31) days. The extended continuation will end at the beginning
of the month following thirty-one (31) days from the final determination
that the qualified beneficiary is no longer disabled.
(2) For death, dissolution of marriage, or the employee's legal separation,
continuation may last up to thirty-six (36) months.
However, there is a special Oregon statute that allows a spouse who
is age fifty-five (55) or over at the time of coverage would otherwise
end due to the death, dissolution of marriage, or legal separation to
remain enrolled beyond thirty-six (36) months until covered by another
group health plan or until age sixty-five (65), whichever happens first.
Enrolled dependent children of the spouse may remain enrolled with
the spouse beyond thirty-six (36) months as long as they are otherwise
eligible under the contract.
(3) For a dependent child ceasing to be eligible as a dependent under
the plan, continuation may last for up to thirty-six (36) months.
(4) If the employee becomes entitled to Medicare thereby causing a loss
of coverage for enrolled dependents, continuation will last for up to
thirty-six (36) months.
(5) In the case of multiple qualifying events (a qualifying event followed
by one or more qualifying events), a qualified beneficiary shall upon
proper notice to the Human Resources Officer of the succeeding
qualifying event, continue for up to thirty-six (36) months from the date
the original continuation began. However, if an active employee with
enrolled dependents becomes entitled to Medicare, the period of
continuation for the employee's enrolled dependents for any
subsequent qualifying event may be continued until the later of: thirty-
six (36) months from the date of Medicare entitlement; or the end of
any other continuation period in which an enrollee is entitled.
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G. Termination: Notwithstanding the previous statements, in all situations,
continuation under this contract will end for a person on the last day of the
monthly premium payment period in which any of the following occurs,
whichever happens first:
(1) premium for a person on continuation is not paid to the group or out
on a timely basis;
(2) a person after electing continuation becomes covered under any
other group plan. However, coverage under another plan will not
cause continuation to end so long as the other plan excludes or limits
coverage for a preexisting condition of a qualified beneficiary in
accordance with federal law;
(3) after electing continuation, the person becomes entitled to Medicare;
or
(4) the applicable period of continuation ends.
In addition, continuation will end on the day the contract terminates, or, if
applicable, the day the group withdraws from participation under the
contract. However, continuing group coverage may still be available under
the succeeding plan unless the group no longer provides a group health
plan for any of its employees.
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APPENDIX A - EMPLOYEE CATEGORIES
Definitions of each employee category are:
A. Executive Manaaement: Department Heads and City Attorney.
B. Management: The positions below Department Heads and above first-line
Supervisory levels. These include Assistant Department Heads and Division
Heads.
C. Supervisory: These positions are generally first-line Supervisors in the various
departments who may also have administrative responsibilities such as
assisting in policy formulation and implementation.
D. Administrative and Professional: These represent staff positions or professional
classes, including occupations having recognized educational and/or
experiential qualifications.
E. Confidential: An employee who assists or acts in a confidential capacity in
formulating, determining and effectuating management policies.
F. Union: Employees represented by recognized labor associations or unions for
the purpose of collective bargaining.
G. Non-Union: Other employees not represented by collective bargaining
associations or unions who are otherwise eligible for such representation or
who are ineligible to bargain collectively based on the application of State
statutes.
EXECUTIVE MANAGEMENT
. City-wide view City Attorney (Charter Position)
. Appointed to, reports to, and City Administrator (Charter Position)
evaluated by City Administrator City Recorder
. Establish policy for departments Community Development Director
. Make policy recommendations to Finance Director
City Administrator Library Director
. Responsible for major City Police Chief
programs Public Works Director
. Responsible for hiring, terminating, Recreation & Parks Director
disciplining, evaluating and
motivating
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MANAGEMENT
. Department-wide view Deputy Police Chief
. Appointed by, reports to, and
evaluated by Executive Assistant City Engineer
Management Project Engineer
. Administer a major departmental Public Works Program Manager
program Street Superintendent
. Implement and recommend Wastewater Superintendent
policy in Department Wastewater Assistant Superintendent
. Responsible for hiring, terminating, Water Superintendent
disciplining, evaluating and
motivating employees in that Building Official
program or to effectively Senior Planner
recommend such action
Park Superintendent
RSVP Director
Aquatics Manager
Recreation Supervisor
Management Analyst II
SUPERVISORY
. Reports directly to Management Sergeant
. Direct and assign daily activities of
one or more employees Assistant Aquatics Manger
. Has authority to hire, transfer,
suspend, layoff, recall, promote, Senior Civil Engineering Technician
discharge, assign, reward or
discipline other employees, or
responsibility to direct them, or to
adjust their grievances, or
effectively recommend such I
action
. Exempt from collective bargaining
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ADMI N ISTRA TIVE
. Assigned administrative staff work
from Executive or Management Police Records Supervisor
. May perform lead responsibility
and/or coordinate the work of Management Analyst I
others Community Relations Officer
. Exempt from collective bargaining,
may be confidential or
management
PROFESSIONAL
. Occupation requiring specialized
knowledge gained through
intensive preparation through
specific education requirements
and/or equivalent professional
experience
. Specialized work assignments
associated with education/training
background
. Generally recognized as a
"professional" trade
CONFIDENTIAL
. Assists and acts in a confidential Executive Secretary
capacity to a person who
formulates, determines and Administrative Secretary
effectuates management policies
in the area of collective
bargaining
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APPENDIX B - CONDITIONAL OFFERS OF EMPLOYMENT:
REQUIRED ACTIONS
BACKGROUND INVESTIGATIONS
Departments are required to perform background investigations based on criteria defined
by the hiring department on prospective employees receiving a conditional offer of
employment for positions identified as "security sensitive." Security sensitive positions
include the following:
· Department and Division Heads (positions classified as "Executive Management"
and as "Management" in Appendix A);
· Confidential employees (positions classified as "Confidential" in Appendix A);
· Finance Department Information Services Division staff (all positions allocated to the
Information Services Division);
· Any position that is responsible for the supervision or control of juveniles(all positions
in the Recreation and Parks Department Pool and Recreation Divisions and in the
Library); and
· Any employee who works within the confines of the Police Department including
janitorial employees (all Police Department personnel. and Janitor positions that are
assigned, or may be assigned, to work withing the confines of the Police
Department on a routine basis).
MEDICAL EXAMINATIONS
Departments are required to perform pre-employment medical examinations on
prospective employees receiving a conditional offer of employment for the following
part-time or limited term/temporary position classifications:
· Bus/Van Driver
· Custodian
· Utility Worker
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