HomeMy WebLinkAboutO-2005-2684-A (original in 2003)
REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested:
Bud2:et
Requested By: Rohert Swanaean
Source of Funds:
Department: HUAlBR R.ellgtlr~ell
Account Number:
Report:
Resolution: X Ordinance:
Amount Budgeted:
Exhibits:
"A" Emergency Pay Policy
Ordinance ~ 00 3 . ~84 A-
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
When an emergency impacts City of La Porte employees' work schedules and status during
emergency conditions and a "state of emergency" has been determined by the City
Manager, the Emergency Pay Policies are to be implemented. The City Manager may grant
emergency administrative leave with pay and lor after the occurrence of a disaster,
whether natural or man-made. Implementation of this Emergency Pay Policy would ensure
a uniform and equitable pay system is in place to both exempt and non-exempt employees
who are required to work.
The City of La Porte Employee Polices Handbook should be amended to include The
Emergency Pay Policy in Section III, Compensation and Benefits as item #12.
This policy was approved by City Manager before hurricane to ensure (1) employees well
protected and granted hazard incentives to work the event and (2) documentation was in
order to be eligible for FEMA reimbursement during disaster times. Information for this
policy was solicited from other cities and customized by the executive team to best fit our
needs.
Action Required by Council:
Ratify the Emergency Pay Policy, retroactive to effective date of 9/21/2005.
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APJj;1;;;g;J;; dL-
Debra B. FeazeIle, City Manager 'j.
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Date
ORDINANCE NO. 2684-A
AN ORDINANCE ADOPTING THE CITY OF LA PORTE EMPLOYEE POLICIES
HANDBOOK DATED SEPTEMBER 21, 2005, PROVIDING A SEVERABILITY CLAUSE,
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
adopts the "City of La Porte Employee Policies Handbook" dated
September 21, 2005, a true and correct copy of which is attached to
this Ordinance as Exhibit "A", incorporated by reference herein,
and made a part hereof for all purposes.
Section 3. The City of La Porte Employee Policies Handbook
hereby adopted, shall supersede all previous City of La Porte
Personnel Policy Manuals and City of La Porte Employee Policies
Handbooks heretofore adopted by the City Council of the City of La
Porte, on its effective date of September 21, 2005.
Section 3. If any section, sentence, phrase, clause, or any
part of any section, sentence, phrase, or clause, of this Ordinance
or the City of La Porte Employee Policies Handbook hereby adopted,
shall for any reason, be held invalid, such invalidity shall not
affect the remaining portions of this Ordinance, or said Employee
Policies Handbook, and it is hereby declared to be the intention of
this City Council to have passed each section, sentence, phrase or
clause, or part thereof, irrespective of the fact that any other
section, sentence, phrase or clause, or part thereof, may be
declared invalid.
Section 4.
The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
city for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon.
The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 5. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered. The City of La
Porte Employee Policies Handbook adopted by this Ordinance, shall
be effective from and after September 21, 2005.
PASSED AND APPROVED, this 12th day of December, 2005.
CITY
OF LA PORTE
~tJ.'P~
By:
Alton
Mayor
ATTEST:
0Yltwi#- AAJ)
Martha A. Gillett
City Secretary
APPROVED:
~'l~
Cl rk T. Askins
Assistant City Attorney
2
City of La Porte
EMPLOYEE POLICIES HANDBOOK
Effective January 1 , 2004
Revised September 21,2005
CONTENTS
I. General Provisions
1. I ntraduction 4
2. Equal Employment Opportunity 5
3. Policy Against Harassment 5
4. Applicability 6
5. Definitions 6
II. Employment and Appointments
1. PROMOTIONS 8
2. TEMPORARY PROMOTIONS 8
3. TRANSFERS 8
4. ADMINISTRATIVE TRANSFERS 9
5. LATERAL TRANSFERS -INTER DEPARTMENTAL 9
6. LATERAL TRANSFERS -INTRA DEPARTMENTAL 9
7. VOLUNTARY DEMOTIONS 9
8. INVOLUNTARY DEMOTIONS 10
9. ApPOINTMENTS 10
10. EMERGENCY TEMPORARY ApPOINTMENTS 11
11. BENEFITS 11
12. INTRODUCTORY EMPLOYMENT PERIOD 11
13. NEPOTISM 11
14. RESIDENCE 12
III. Compensation and Benefits
1. POSITION CLASSIFICATIONS 13
2. SALARY ADMINISTRATION 13
3. METHOD OF PAYMENT 13
4. SEPARATION PAY 13
5. OVERTIME PAY 13
6. STANDBY PAY 14
7. LONGEVITY PAY 14
8. JURY DUTY 15
9. RETIREMENT 15
10. CERTIFICATION PAY 15
11. EDUCATION REIMBURSEMENT 15
12. EMERGENCY PAY POLICY 16
IV. Leaves and Absence
1. Hours of Work 22
2. Attendance 22
Employee Policies Handbook/Page 2
3. Excused Absence 22
4. Unexcused Absence 23
5. Repeated Unexcused Absences 23
6. Holidays 23
7. Vacation Leave 24
8. Sick Leave 25
9. Military Leave 27
10. Bereavement Leave 27
11. Administrative Leave 27
12. Leave Without Pay 28
13. FMLA Leave 28
14. Absences in Excess of 120 Calendar days 30
V. Regulations and Conduct
1. Standards of Job Performance and Conduct 31
2. Work Standards 31
3. Misconduct 31
4. Personal Appearance 32
5. Employee Financial Obligations 32
6. Operation of City Owned Vehicles and Equipment 32
7. Outside Employment 32
8. Use of City Property 33
9. Smoking 33
10. Drugs and Alcohol 33
VI. Discipline, Reviews, and Complaints
1. Discipline 34
2. Employee Complaints 37
3. Texas Whistle Blowers Act 37
VII. Non-Disciplinary Termination
1. Voluntary Termination 38
2. Inability to Perform Job 38
3. Termination due to Reorganization or Economics 38
VIII. Personnel Records and Searches
1. Personnel Files 39
2. Searches 39
Employee Policies Handbook/Page 3
I. GENERAL PROVISIONS
1. Introduction
This Employee Policies Handbook is intended to give you information about the
main features of the City of La Porte's employment policies, benefits and certain
other general information. It does not and is not intended to cover all these
matters in detail.
The policies contained in the Employee Policies Handbook are not intended to
create, nor are they to be construed to constitute, a contract between the City of
La Porte and its employees. Nothing contained in these policies shall create an
entitlement to, or property interest in, continued employment with the City.
This policy manual supersedes any and all previous personnel policy manuals
approved or utilized by the City of La Porte and becomes effective January 1,
2004.
Department or division regulations or procedures relating to employment matters
that were adopted prior to the date of these policies remain in effect, to the extent
they are not in conflict with these policies. After the date of the adoption of these
policies, City departments or divisions may adopt, delete, or modify written
procedures relating to employment matters that are needed for the efficient
operation of the department or division if not in conflict with the policies contained
in the Employee Policies Handbook.
The City Manager is vested with the general authority and responsibility for the
conduct and administration of municipal affairs. This authority does not
supersede matters of appointment reserved to the City Council by City Charter
provisions. The City Manager, or designated appointee, is responsible for
appointments to all positions and the establishment and maintenance of
standards of efficiency. Final authority in the form of review and approval is
reserved by the City Manager with regard to all matters of subjects covered by
these policies.
This policy manual is not intended to be the only source of City information.
From time to time, you will receive additional information from your Department
Director, Supervisor, and from other City publication programs.
While every effort is made to make this policy manual comprehensive, it is not
possible to include all details and possible exceptions to general rules. In that
regard this policy manual is a guide, and not a binding legal document. The City
of La Porte reserves the right to modify, revoke, suspend, terminate, or change
any or all such policies and practices, in whole or in part, at any time, with or
without notice.
Employee Policies Handbook/Page 4
2. Equal Employment Opportunity
It is the City's policy to provide equal employment opportunities for all applicants
and employees. The City does not unlawfully discriminate on the basis of race,
color, religion, sex, national origin, ancestry, age, disability, or veteran status.
This policy applies to all areas of employment including recruitment, hiring,
training, promotion, retention, compensation, benefits, transfer, and discipline.
Any incident of discrimination should be reported to the employee's supervisor,
division manager, department director, or human resources. Human Resources
is responsible for investigating the matter.
3. Policy Against Harassment
The City is committed to providing a workplace free of sexual harassment or
harassment based upon race, color, religion, national origin, ancestry, age,
disability, or veteran status. The City strongly disapproves of and will not tolerate
harassment of employees by managers, supervisors, or co-workers. The City
will also attempt to protect employees from harassment in the workplace from
persons who are not employees.
Harassment includes any conduct that creates an intimidating, offensive, or
hostile working environment or that interferes with work performance. Some
examples include racial slurs, ethnic jokes, posting of offensive statements,
posters or cartoons, and similar conduct. Sexual harassment includes
solicitation of sexual favors and unwelcome sexual advances or other
unwelcome conduct of a sexual nature.
An employee should report any incident of harassment, including work-related
harassment by any City employee or any other person, promptly to the
employee's supervisor, division manager, department director, or human
resources. Human Resources is responsible for investigating the matter.
Supervisors, division managers, or department directors who receive complaints,
notification, or who observe harassing conduct must inform Human Resources
immediately. An employee is not required to notify or complain first to the
employee's supervisor if the employee feels uncomfortable doing so (for
example, if the supervisor is the individual who is harassing the employee).
However, the employee must report the complaint to a supervisory employee
including supervisors, division managers or department directors, OR to Human
Resources. Complaints to co-workers do not provide the City adequate notice to
properly investigate complaints.
Every complaint or notification of harassment that is reported to Human
Resources will be investigated thoroughly, promptly, and in as confidential a
manner as possible.
Employee Policies Handbook/Page 5
The City will discipline any employee found to have violated this policy.
Disciplinary action can range from a verbal or written warning up to and including
termination. If harassment by customers or vendors occurs, corrective action will
be taken following consultation with the appropriate management personnel.
4. Applicability
These personnel policies shall apply to all City employees except where these
policies may be in conflict with federal, state, or local legislation. Supplemental
rules for all City departments may be developed within the respective
departments so long as these departmental policies do not conflict with City
personnel policies and procedures. These policies relate only to matters of
personnel management and do not include any departmental procedures,
standard practices, standing orders or other technical matters.
The City of La Porte Civil Service Commission regulates all classified Civil
Service personnel in the Police Department and shall apply in case of any
conflict with the City of La Porte Employee Policies Handbook. Where Civil
Service policies are silent, the City of La Porte Personnel Policies apply.
5. Definitions
The words and terms used in this Employee Policies Handbook shall cover the
following meanings, unless the context clearly indicates otherwise.
ABSENCE - Not at the assigned workstation during a scheduled time
ABSENCE WITHOUT LEAVE - When an employee fails to report for work or to
remain at work without proper notification, authorization, or excuse
ABSENTEEISM - The frequent or periodic practice of not being present for work
ANNIVERSARY DATE - The employee's date of hire or most recent promotion
date
CERTIFICATION PAY - Additional compensation for acquired skills in
accordance with approved departmental certification programs
CONFIDENTIAL EMPLOYEE INFORMATION - Employee records, documents,
pay documents, etc. that are maintained by the City that will not be released
without proper required documentation
DEMOTION - A demotion is the assignment of employees from their current
grade level to a grade level having a lower maximum salary
Employee Policies Handbook/Page 6
DISCIPLINARY ACTION - Any process taken to correct inappropriate employee
behavior ranging from verbal reprimand up to and including termination
HOLIDAY PAY - A set number of paid holidays each year, approved by the City
Manager
INTRODUCTORY EMPLOYMENT PERIOD - A designated period of time
following an appointment, reinstatement, promotion, demotion, or transfer in a
City position, during which time an employee is not eligible to dispute termination
NEPOTISM - Family relationships to the employee based upon consanguinity
(blood relatives) or affinity (relatives through marriage)
PAY FOR PERFORMANCE (PFP) DATE - The date employees are eligible for
Pay for Performance Increases
PROMOTION - The assignment of an employee from one grade level to another
grade level having a higher maximum salary. Temporary promotions can occur
for business necessity
QUALIFIED - Having the minimum education, experience, and skills required to
hold a certain position
SPECIAL AWARD DAY - A day off with pay for an employee receiving a special
award designated by the City
SUSPENSION - A disciplinary action in which the employee is restricted from
working and receiving pay for a specified period of time
TEMPORARY EMPLOYEE - Non-permanent employees hired for a specified
period of time
Employee Policies Handbook/Page 7
II. EMPLOYMENT AND APPOINTMENTS
I. Promotions
The City will attempt to provide promotional opportunities to existing employees,
when possible. A selection process may be limited to qualified City employees,
or such employees may be given preference in application or consideration.
Opportunities for promotion across organizational lines shall also be possible,
contingent on business necessities at the time. All promoted employees shall
serve a 6-month Introductory Employment Period in the new position.
The following procedures apply to promotions:
1. Departments notify Human Resources of all existing and anticipated
vacancies
2. Human Resources posts the vacancies by sending job announcements to
posting sites located throughout the City
3. Job announcements shall be posted and remain open for a minimum of 3
working days
4. All applications must be received and processed through Human
Resources in order to be considered
When, in the course of the normal budget process, a currently filled position will
no longer exist, but will be replaced with a position having a higher classification,
the employee in the former position may be promoted to the new grade level
without the formal hiring process.
2. Temporary Promotions
The City Manager may authorize a temporary promotion if a position is vacant or
its regular incumbent is absent. Temporary promotions are for a specific period
of time as determined by the City Manager. Employees temporarily promoted
may be additionally compensated for the duration of their temporary assignments
according to the promotional grade level. (Ref. City policies Compensation for
Temporary Assignments, and Salary Administration of the Personnel Policy
approved by Council as subsequently amended).
Employees temporarily promoted shall not acquire any status or rights in the
class to which they are temporarily assigned.
3. Transfers
The City will attempt to transfer employees wishing to transfer when it does not
adversely affect the City's interests or the interests of other employees.
Employee Policies Handbook/Page 8
The following terms shall govern all transfers:
1. A 6-month Introductory Employment Period shall be served in the new
position.
2. If the employee is not satisfied in any way during the introductory period,
the employee may request a transfer back to the former position, providing
it has not been filled and the affected Department Directors and Human
Resources approve the return to the former position.
3. Should the employee fail to meet the Introductory Employment Period and
their former position is no longer vacant, the employee may be separated
from the City's service.
4. Administrative Transfers
An administrative transfer is an assignment of an employee from one position to
another not involving promotion or demotion. A transfer may be for
administrative convenience or upon request of the employee, provided the
employee is qualified for the position. Transfers between grade levels or
between departments shall become effective following recommendation by
Human Resources and approval by the City Manager.
5. Lateral Transfers -Inter Departmental
A lateral transfer is the transfer of an employee between two departments and
within the same grade level, provided the employee is qualified for the position.
6. Lateral Transfers - Intra Departmental
Nothing within this section shall prevent a Department Director from transferring
an employee within the department to another position within the same
department, provided the new position is a lateral move (comparable job
description and pay grade level).
Administrative, Interdepartmental, and intradepartmental lateral transfers shall
abide by the same terms as above, excluding the 6-month introductory period,
and do not require a posting of the job opportunity announcement.
7. Voluntary Demotions
Voluntary Demotions require the approval of the Department Director, the Human
Resources Manager, and the City Manager, and will be considered only if they
are in the best interest of the City. If approved, employees may be
administratively demoted at their own request, or as an alternative to layoff.
Such demotions shall not be considered disciplinary actions or disqualify the
Employee Policies Handbook/Page 9
employee involved from consideration for future advancement. Demotions
resulting from alternatives to layoffs may be fully or partially rescinded at any
time. Demoted employees shall successfully complete a 6-month introductory
period, but will not be eligible for a salary adjustment until one-year from date of
demotion.
8. Involuntary Demotions
Involuntary Demotions require the approval of the Department Director, Human
Resources, and the City Manager. This action may be taken for disciplinary
purposes. An employee involuntarily demoted shall not be disqualified from
consideration for future advancement.
9. Appointments
The purpose of categorizing positions within the City service is to designate the
nature of the position's work routine as well as to clarify the eligibility of benefits
provided to the particular type of position.
There are two types of appointments: Regular and Temporary. Regular
appointments are further divided into:
Regular Employees
1. Regular full-time employees are those who work a minimum of 40 hours
per week, or 53 hours per week for 24-hour shift personnel, but are not
employed for only a specific period of time or for a special job task or
project.
2. Regular part-time employees are those who work less than 40 hours per
week on a regular basis. Regular part-time employees in the 24-hour shift
job class may work over 40 hours per week, but less than 53 hours per
week.
Temporary Employees
1. Temporary full-time employees are those who work a minimum of 40
hours per week, or 53 hours per week for 24-hour shift personnel, but are
employed only for a specific period of time or for a special job task or
project.
2. Temporary part-time employees are those who work less than 40 hours
per week, or less than 53 hours per week for 24-hour shift personnel, for a
specified period of time or for a special job task or project.
Employee Policies Handbook/Page 10
10. Emergency Temporary Appointments
During an emergency, if City employees are unable to provide the necessary
services, the City Manager may immediately fill positions without regard to
normal selection and appointment methods. Such appointments shall be for
periods not to exceed 30 working days. Persons receiving emergency temporary
appointments are not eligible for benefits other than worker's compensation
coverage.
11. Benefits
Regular full-time employees are eligible to receive the full scope and level of
benefits offered by the City.
Regular part-time employees are not eligible to receive any benefits other than
worker's compensation coverage.
Temporary employees, whether full-time, part-time or emergency temporary
appointments, are not eligible to receive any benefits other than workers'
compensation coverage.
12. Introductory Employment Period
Department Directors and supervisors shall use the 6-month (1-year for Civil
Service) Introductory Employment Period to closely observe and evaluate the
employee and if necessary recommend corrective actions to better fulfill the
expectations of the job description. Only those employees who maintain
acceptable work performance during their introductory periods shall be retained.
The City's Review of Disciplinary Action Policy does not apply to anyone
terminated during the introductory employment period.
An introductory employee's employment period may be extended up to an
additional 60 days. Any introductory employment extensions must have the City
Manager's approval prior to any action being taken.
13 Nepotism
No person related, within the second degree affinity, or within the third degree by
consanguinity, to the Mayor or any Councilperson or to the City Manager shall be
employed or appointed to any office, position, or clerkship of the City. This
prohibition shall not apply, however, to any person who shall have been
employed for 6 months or more by the City at the time of the election or
appointment of the officer to whom he or she is related. (City Charter Provision
8.02, subsection c., as amended by Texas Government Code, Section 573.062,
subsection [a] [8]).
Employee Policies Handbook/Page 11
Second degree of affinity includes spouse (including unmarried domestic
partners), stepchildren, spouse's grand children, mother-in law, father-in-law,
brother-in-law, sister-in-law, spouse's grand parents.
Third degree of consanguinity includes children, grand children, great grand
children, parents, brother, sister, nephews, nieces, grand parents, uncles, aunts,
great grand parents.
An applicant may not be hired as a full-time or part-time regular employee in any
department if that department already employs a person who is within the second
degree of affinity or third degree of consanguinity of the applicant.
If an employee becomes within the second degree of affinity or third degree of
consanguinity of another employee who works in the same department, neither
employee may be promoted to any position that has any supervision or authority
over the other either directly or through the chain of command.
No employee may supervise or be supervised by a person who is within the
second degree of affinity or third degree of consanguinity. Two or more
employees within the second degree of affinity or third degree of consanguinity
may not report to the same supervisor.
In the event two City employees are in violation of the nepotism policy, both
employees shall be consulted and the two employees, jointly, shall make the
decision as to which one shall leave City employment. In such cases where the
two employees cannot reach agreement within 10 days of written notice, the City
Manager shall make the decision to which one shall leave City employment,
which decision shall be binding and final.
14. Residence
There shall be no absolute requirement of residence for City employment except
as may be required by law or City Charter. Employees who may be subject to
emergency call and/or periodic service in a stand by status may be required to
establish residency within a reasonable distance from the principle work site, to
assure a timely response, as determined by each departmental rules and
policies.
Employee Policies HandbooklPage 12
III. COMPENSATION & BENEFITS
1. Position Classifications
All City positions are classified as either exempt or nonexempt, and paid in
accordance with the Fair Labor Standards Act.
2. Salary Administration
The City may have one or more salary schedules that correspond with the
position classification plan. All salary schedules shall be administered in
accordance with the City policy Salary Administration of the Personnel Policy
approved by Council as subsequently amended.
3. Method of Payment
Employees shall receive a bi-weekly paycheck. The paycheck will ordinarily
cover the preceding pay period. A pay period is completed every 2 weeks and
ends the Sunday prior to the next Friday payday.
If a payday falls on a holiday, paychecks will be issued the last business day
prior to the holiday.
Employees may receive a paycheck 1 day early in accordance with procedures
issued by the Director of Finance.
Paychecks may be given to someone other than the employee if the employee
provides proper notification to the representative responsible for check
distribution.
4. Separation Pay
Employees who terminate employment with the City in accordance with the Exit
Interview Procedures issued by Human Resources will be paid accrued benefits
and will be paid in accordance with Article 5155 of the Revised Civil Statutes of
Texas.
Any employee who does not return City issued property will have the cost of the
City's property deducted from the final paycheck.
5. Overtime Pay
Employees shall work overtime hours only when-necessary and not without prior
approval of their Department Director. Overtime hours are computed at the rate
of one and one-half times the regular hourly rate of pay. The City follows the Fair
Labor Standards Act (FLSA) in administering overtime pay.
Employee Policies Handbook/Page 13
Under the Fair Labor Standards Act and amendments of 1985, the City of La
Porte has elected to utilize exception 7 (k) and has established a 28-day work
cycle for its Firefighters who regularly work 24-hour shifts. The recognized
average workweek for these employees is 53 hours. For 24-hour Firefighter shift
personnel, the workweek shall begin and end at the start of the first work shift
after the first Sunday midnight in the 28-day work cycle.
Calculation of overtime pay for 24-hour Firefighter shift personnel shall be based
on the number of hours worked over 212 in a 28-day work cycle. Overtime pay
will be calculated and employees compensated for hours worked over 212 at the
conclusion of the 28-day cycle or every other payday.
Hours worked is defined for all personnel to mean hours of physical presence at
a job site.
When an overtime eligible employee who is on scheduled time off is required to
work unscheduled hours during the same work week as the scheduled time off,
the scheduled time off will be counted as "hours worked" thereby allowing the
employee to be eligible for overtime pay. For purposes of this policy, scheduled
time off is:
1. Approved holiday leave
2. Jury duty
3. Military leave
4. Vacation
6. Standby Pay
Employees who are required to be on standby duty shall be compensated at a
predetermined rate of pay while on standby status. Employees scheduled for
standby duty must be able to be at the work site within 1 hour of the call to work.
Employees who work overtime during their assigned standby duty period shall be
paid at one and one-half times their regular basic hourly pay rate in accordance
with FLSA, as well as the predetermined standby duty pay rate.
Standby pay shall not be paid to any employee:
1. Who is placed on standby due to emergency situations such as hurricanes
and floods
2. Who is placed on standby while awaiting court proceedings
7. Longevity Pay
Longevity pay is a benefit for length of continuous regular full-time employment
with the City. On the first of December each year all regular full-time employees
Employee Policies Handbook/Page 14
who have completed one full year's service with the City, will be paid this benefit.
The benefit is calculated on the basis of the number of months of continuous
service, not to exceed 300 months, at the rate established by the City Council.
8. Jury Duty
Employees shall be granted leave of absence from regular work hours when
called for jury service. This authorized absence is for the duration of the
scheduled jury service only. Employees who miss regularly scheduled work
hours due to jury service shall return to work upon completion of daily jury
service, provided there are regular work hours remaining. Employees on
authorized leave for jury service shall receive compensation at their regular pay
rate, in addition to any pay received for jury service. Documented jury service
slips must be furnished to the Department Director in order for the absence to be
authorized.
9. Retirement
All regular full-time employees are required to participate in the Texas Municipal
Retirement System. The provisions of the retirement program are covered in the
TMRS Handbook, available in Human Resources.
10. Certification Pay
Departments with an approved certification pay program shall administer
certification pay. The City Manager has the final authority for approving or
disapproving departmental certification programs.
11. Education Reimbursement
It is the City's policy to provide education reimbursement in order to help
employees develop current and potential future job skills. The Education
Reimbursement Policy and Procedures are maintained and administered by
Human Resources. Highlights of the policy include, but are not limited to:
1. Only regular full-time employees are eligible
2. Employees must attend courses during off-duty hours and will not be
compensated for their course work as hours worked
3. The course(s) must be directly related to the employee's job, and must be
approved prior to registration by the Department Director and Human
Resources
Employee Policies Handbook/Page 15
4. The City will reimburse the employee's cost of tuition, lab fees, books,
valid campus parking fees, and building uses fees. The employee must
receive a passing grade of C or above in order to receive reimbursement.
5. The City will not reimburse courses covered by Veteran or other
educational assistance programs, nor does it cover any incidental
expenses such as deposits, supplies, or other personal expenses.
6. The City may prepay continuing education courses required through
established goals and objectives on an employee's evaluation, with
approval by the Department Director. A certificate of completion shall be
required and shall be turned in to the Human Resources Division for
placement in the employee's file. Any employee who does not complete a
prepaid course, or does not submit a certificate of completion, shall be
excluded from any future prepaid options.
12. EMERGENCY PAY POLICIES
POLICY
When an emergency impacts City emplovees' work schedules and status during
emergency conditions and a "state of emergencv" has been determined bv the City
Manager, the City Manager may grant emergency administrative leave with pay and/or
after the occurrence of a disaster, whether natural or man-made.
If it is determined that a civil emergency condition exists, including, but not limited
to, riots, civil disorders, severe weather or hurricane conditions, other natural
disasters, chemical incidents, or similar conditions, the City Manager may
suspend all provisions of the City of La Porte's Personnel Rules except for those
sections concerning Safety and Wages and Discipline.
Scope
This practice applies to all non-exempt and exempt employees, and includes civil
service personnel.
DECLARATION OF EMERGENCY
Notification of State of Emergency: When a state of emergency is imminent or
has been declared, the City Manager or designated supervisor will notify all
employees through department directors or managers of such declaration.
Employee Policies Handbook/Page 16
EMERGENCY PERIODS
Pre-Impact Period This is the time period prior to the impending disaster and
includes emergency response activities and preventive measures by the City of
La Porte's departments in preparing for the impending emergency. This period
begins when the City Emergency Operations Center or the City Manager
declares an emergency is imminent.
Emeraencv Period This is the time period during which emergency
response activities and restoration of critical services are conducted to protect life
and property, and most other regular City services are suspended. This period
begins when the City is closed for normal business and ends when the City
Manager declares it safe for all employees to return to work.
Post Impact/Recoverv Period This is the time period during which activities
are conducted to restore the City's infrastructure and services to pre-disaster
conditions. This period begins when the City Manager declares it safe for all
employees to return to work, and ends when the City Manager declares the
period is over.
No one is excused from work until the City Manager, through the department
directors, authorizes employees to leave, even if a public announcement of office
closures or suspension of services is issued. Employees must return to work as
soon as an emergency is over to participate in the Post Impact/Recovery Period.
Employees dismissed from work during an emergency will be on emergency paid
administrative leave.
Said leave will start when the employee is dismissed by his/her Department
director and will continue until the City Manager declares it is safe for all
employees to return to work. Employees are expected to return to work on their
next scheduled day or shift following the City Manger's declaration. If an
employee fails to show up for work or cannot show up for other reasons then the
time lost will be Leave of Absence Without Pay, unless other paid leave
(vacation, sick, etc.) is approved.
The City of La Porte recognizes that employees have personal and family responsibilities
that may conflict with the obligation to fulfill their iob requirements during hazardous
weather or state of local emergency. When evacuation of personal residences is
required, employees will be oermitted and expected to make arrangements for their
families like any other citizen, including the use of authorized shelters. Employees who
are not able to return to work due to emergency conditions (jor instance, they have
evacuated the area and are unable to return, or they are unable to leave their residence
to return to work at City facilities due to imoassable roadways, etc.) must contact their
department director or designated supervisor as soon as possible and utilize aopropriate
leave time.
Employee Policies Handbook/Page 17
During a state of emergency, any unauthorized absence from work or
assignment may be considered sufficient cause for discharge.
EMPLOYEE STATUS
Prior to a declaration of a civil emergency. Department Directors shall, designate
"Emergency Essential" and "Emergency Non-Essential" personnel. All versonnel shall
be advised of their status as of January 1st each vear. Individual emvloyee status may
change. as the needs of the City change during the civil emergency. or at the discretion of
the Department director.
"EmerJ!ency Non-Essential" - After a needs assessment is made. some emvloyees may
be temporarily dismissed from work. concurrently or successively. as determined by the
emergency need and the department or function and those will be designated as
"Emergency Non-Essential." They will be placed on emergency Paid Administrative
Leave pursuant to this volicy.
"Emergency Essential" - Each department director is responsible for
identifying those employees who will be required to remain or respond in the
event of emergency conditions and those employees will be designated as
"Emergency Essential." "Emergency-Essential" employees may be required to
be available immediately before (Pre-Impact), during (Emergency)-e.g., those
within the Emergency Operations Center-and/or after the disaster or emergency
condition (Post-Impact/Recovery) to perform duties directly related to the
emergency conditions, as determined by City.
"Post-Impact/Recovery Assigned" - Post-emergency. all City employees are considered
Post-Impact/Recovery Assigned emvloyees. All City emvloyees are to return to work
after the City Manager declares it is safe to do so. After the return to work, some
employees may be further identified as "Essential Recovery," while others may be
temporarily excused from work. The City Manager and each devartment or function is
responsible for identifying those emvloyees who are essential to the quick restoration of
critical services to the community. These employees designated as "Essential Recovery"
employees are required to work during periods after the emergency when other
employees may be dismissed on leave or furlough. Notwithstanding, an "Essential
Recovery" employee will be allowed reasonable emergency paid administrative leave to
secure the employee's home and family and attend to immediate personal needs resulting
from the emergency.
Emergencv Duty Assignment: In the event of an emergency. the City Manager may
assign employees to any duty to the extent that the City is not in violation of any State or
Employee Policies Handbook/Page 18
Federal Law. This includes emplovees of one devartment serving in an emergencv
capacity for anv other devartment or function as assigned.
COMPENSATION FOR HOURS WORKED DURING A DECLARED STATE OF
EMERGENCY
1. During declared emergency status, at the director's/supervisor' approval exempt-
status
employee(s) may accrue compensatory time up to 160 hours. After the 160 hours
are exhausted, the exempt-status employee(s) base salary will be computed to
arrive at an hourly rate; then the City will pay the exempt-status employee(s) 1
1/2times their hourly rate.
2. During the Emergency Period, employees released from work or who are not
required to report to work due to the emergency event shall receive pay for their
normally scheduled workday. These hours shall count as "time worked" for the
purpose of computing overtime for non-exempt employees and shall be clearly
noted on the time sheet with the appropriate emergency coding as designated by
the Finance Department.
3. During the Emergency Period non-exempt (hourly, overtime eligible) employees
shall (subject to section 1) be paid at a rate of two times (2x) base straight pay
for normally scheduled hours and one and one-half times (1.5x) for all hours
worked outside their regular scheduled work hours during the declared emergency
conditions, when other employees are allowed administrative leave, until the City
Manager declares that it is safe for all employees to return to work. After such
time, the employee will be paid according to the normal pay policy.
4. During the Emergency Period and Post Impact/Recovery period, exempt
employees shall be compensated by receiving payor compensatory time subject
to section 1 for all time worked in excess of forty (40) hours in each work week
during the declared emergency/disaster and Impact/Recovery period. The rate of
pay for such additional hours worked shall be equivalent to the exempt
employee's hourly rate of pay computed as if the employee was not paid on a
salary basis. The additional compensation shall be in addition to the employee's
regular salary. Each department will provide the appropriate forms for exempt
employees to document their hours worked. Nothing herein shall be construed to
affect the exempt status of such employees.
5. Employees who are out on prior-approved leave or who called in sick or took
unscheduled discretionary day during any of the three periods will continue to be
charged for such leave.
6. All other policies concerning remuneration shall comply with the City of La
Porte's Personnel Rules and the Fair Labor Standard A
Employee Policies Handbook/Page 19
7. At the director's discretion, previously approved leave, vacation etc,
may be cancelled when a state of emergency is imminent or
declared.
SUMMARY OF
EMERGENCY
PAY PROVISIONS
Pre-Impact Period - Emergency Period - Post Impact/Recovery Period -
This is the time period prior to the This is the time period during This the time period during which
impending disaster. This period which emergency response activities are conducted to restore
includes emergency response activities and restoration of critical the City's infrastructure and
preparation activities and services are conducted to protect services to pre-disaster
preventive measures by the City life and property, and most other conditions, and some City
of La Porte departments in regular City services are services may be suspended.
preparing for the impending suspended.
emergency.
Starts -County activates EGC or Starts - City is closed for business Starts - City Manager declares all
the City Manager declares an Ends -- City Manager declares all clear
emergency is imminent clear Ends -- As declared by Dept.
Ends -City Closes for business Heads in consultation with CM
FOR THOSE PERSONS DESIGNATED AS ESSENTIAL
How do you pay for each period?
Regular Pay practices up to 4 hours administrative leave. PIP
Non-Exempt -2x for all scheduled hours EP
1.5x for all hours outside schedule. EP
Exempt-1x for all hours 40+ PIR
Non-Exempt-Regular Practices PIR
Exempt-1 x for all hours 40+PI R
How do you pay if on Pre-approved Leave?
Continue to charge leave PIP
Continue to charge leave EP
Continue to charge leave PIR
How do you pay if on a regular day off?
No extra pay PIP
No extra pay EP
Employee Policies Handbook/Page 20
No extra pay PIR
When do you require the Employee to use leave?
Must take paid leave or LWOP if absent PIP
Administrative Leave EP
Must take a paid leave or LWOP if absent PI R
FOR THOSE PERSONS NOT DESIGNATED AS ESSENTIAL
How do you pay for each Period if Employee works?
Regular Pay practices up to 4 hour administrative leave PIP
Non-Exempt-2x for all scheduled hours 1 .5x for all hours outside scheduled EP
Exempt-1x for all hours 40+ EP
No-Exempt-Regular Practices PIR
How do you pay if on Pre-approved leave?
Continue to charge leave PIP
Continue to charge leave EP
Continue to charge leave PIR
How do you pay if on a regular day off?
No extra pay PIP
No extra pay EP
No extra pay PIR
When do you require the Employee to use leave?
Must take a paid leave or LWOP if absent PIP
Administrative leave EP
Must take paid leave or LWOL if absent PIP
Employee Policies HandbooklPage 21
IV. LEAVES AND ABSENCE
1. Hours of Work
Regular business hours are 8:00 a.m. to 5:00 p.m. Monday through Friday.
Supervisors shall implement work schedules, breaks, and lunch schedules to
accomplish the requirements of their departments and divisions. Individual
employees may be scheduled to work special hours or shifts.
2. Attendance
Employees shall be required to be at their places of work in accordance with this
policy and their departmental regulations. An employee who fails to report for
duty, is habitually tardy, leaves the workplace without proper authorization, or
misuses leave is subject to disciplinary action up to and including termination.
All departments shall maintain daily attendance records.
3. Excused Absence
Examples of excused absences include: paid sick leave, vacation, holidays, jury
duty, bereavement leave, and injury leave.
To be eligible for an excused absence of sick leave, employees must contact
their supervisor no later than 15 minutes after the start of their regularly
scheduled starting time, unless superseded by departmental rules. Other
excusable leaves of absence shall be pre-approved by the Department Director
according to department regulations.
Employees must provide their supervisor with the reason for the absence and the
date and time the employee expects to return to work. The supervisor may
waive the 15-minute provision due to extenuating circumstances.
In order for the absence to be considered excused, an employee may be
required to furnish a doctor or hospital statement to the supervisor verifying an
illness or accident and medically releasing the employee from any of the
following circumstances:
1. When an illness or accident caused the employee to be hospitalized.
2. When the absence was for more than 3 consecutive workdays. Twenty-
four hour shift personnel may be required to submit said medical
statement if absence exceeded 2 consecutive workdays.
3. When the absence occurred on a regularly scheduled workday preceding
or following a holiday or regularly scheduled vacation day.
Employee Policies Handbook/Page 22
4. When the employee's return to work will pose a direct threat to the safety
or health of others.
5. When an employee is under the physical report status provision of the sick
leave policy.
4. Unexcused Absence
Unexcused absence may be defined as follows. This list is not intended to be all-
inclusive:
1. Tardiness
2. Unverified sick time
3. Unauthorized time off
4. Failure to call supervisor within fifteen minutes after the start of the
employee's scheduled work time.
5. Repeated Unexcused Absences
Employees repeatedly incurring unexcused absences shall be subject to
disciplinary action up to and including termination.
Unexcused absences from work for a period of 3 full consecutive working days
shall be considered as a voluntary resignation. Twenty-four hour shift personnel
with unexcused absences of 2 consecutive shifts shall be considered as a
voluntary resignation.
6. Holidays
The following is a list of approved holidays:
New Year's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving
Christmas Eve
Christmas Day
Employee Discretionary Day
January 1
Friday before Easter
Last Monday in May
July4
First Monday in September
Fourth Thursday & Friday in November
December 24
December 25
Designated by Employee
If an official City holiday occurs on a Saturday, it will be observed on the Friday
before. If an official City holiday occurs on a Sunday, it will be observed on the
Monday after.
Employee Policies Handbook/Page 23
Shift personnel will observe official City holidays on the actual day of observance.
Regular full-time employees will be paid one workday's pay for each holiday. To
be eligible for holiday pay, the employee must work the scheduled workdays
preceding and following the holiday unless the Department Director approves an
excused absence.
Employees scheduled to work on a holiday, and who fail to work as scheduled,
without an excused absence, will not be eligible for holiday pay. An employee
required to work on a holiday will receive the holiday pay plus the overtime rate
of one half times the regular rate of pay for hours worked.
Official City holidays shall be considered the same number of hours as an
employee's regular workday.
7. Vacation Leave
The following applies for vacation leave:
1. Regular full-time employees accrue vacation leave each pay period.
2. Vacation leave shall be scheduled with the employee's supervisor as far in
advance as possible. Use of vacation leave shall be at the convenience of
the employee. However, vacation leave will not be allowed to interfere
with the normal functions of City operations. Should there be a conflict
between one or more employees regarding the dates of vacation leaves,
preference may be given to the employee with the longest length of
service with the City.
3. Vacation leave is accrued as follows:
Employees whose regularly scheduled workweek is 40 hours:
Years of Service Hours Accrued Vacation Leave
Per Pay Period Per Year
1~5 3.077 80 hours
6~10 4.616 120 hours
11~15 6.154 160 hours
16+ 7.693 200 hours
Employee Policies Handbook/Page 24
Employees whose regularly scheduled workday is 24 Hours and who were
hired on or after October 1, 1984:
Years of Service Hours Accrued Vacation Leave
Per Pay Period Per Year
1-5 4.616 120 hours
6-10 7.3847 192 hours
11-15 9.2308 240 hours
16 + 12.000 312 hours
Employees whose regularly scheduled workday is 24 hours and who were
hired prior to October 1, 1984:
Years of Service Hours Accrued Vacation Leave
Per Pay Period Per Year
6+ 13.846 360 hours
1. Employees eligible for vacation are strictly prohibited from accumulating
more than 1.5 times their annual accrual rate. Eligible employees are
encouraged to take vacation leave each year and will not be paid in lieu of
vacation leave.
2. Upon termination, employees will be paid accumulated vacation leave at a
rate based upon the employee's final hourly pay rate.
3. An employee on approved vacation leave who becomes ill during the
leave may have the vacation leave changed to sick leave for the period of
the illness. The employee shall be required to show a medical statement,
signed by a doctor, verifying the illness.
4. Vacation leave may be taken in 1-hour increments
5. An employee's designated beneficiary will be paid accumulated vacation
leave upon the death of the employee.
8. Sick Leave
Accrual
1. Regular full-time employees accrue sick leave at the rate of 4.62 hours per
pay period and 7.39 for 24-hour shift personnel.
2. Department Directors shall be responsible for reporting sick leave on
employees' time cards.
Employee Policies Handbook/Page 25
3. Regular full-time employees, hired prior to November 19, 1991, who
terminate shall receive, upon separation, payment for accrued but unused
sick leave, not to exceed 480 hours. Twenty-four hour shift personnel,
who terminate under the same conditions as above, shall be paid for
accrued but unused sick leave, not to exceed 768 hours.
4. Regular full-time employees hired after November 19, 1991, and who
terminate after 10 years of employment with the City, shall receive, upon
separation, payment for accrued but unused sick leave, not to exceed 480
hours. Twenty-four hour shift personnel who terminate under the same
conditions as stated in this paragraph, shall be paid for accrued but
unused sick leave, not to exceed 768 hours.
5. Regular full-time employees hired after November 19, 1991, and who
terminate prior to 10 years of employment with the City, shall not be
eligible to receive payment for accrued but unused sick leave upon
separation.
Use
An employee may use sick leave for:
1. The employee's illness or injury that prevents the employee from working
2. To receive medical care from a physician, dentist, or other health care
provider
3. In the event of an illness within the employee's immediate family or
household, or for routine health care appointments for the employee's
immediate family or household that cannot be reasonably scheduled
outside of working hours (Limited to 3 full days)
4. Sick leave exceeding 14 days must be in coordination with FMLA
Leave.
Sick leave exceeding 5 workdays in any 6-month period may cause an employee
to be placed on physical report status. Employees under this status shall be
required to submit to their supervisor a medical doctor's statement of fitness for
duty upon returning to work from an illness. Failure to submit such medical
statement may result in disciplinary action. Physical report status shall remain in
effect for 6 months from the date of the action.
Sick leave shall not be used for unexcused absences.
Employee Policies Handbook/Page 26
9. Military Leave
Military leave may be either military training leave or military duty leave (active
duty). Military training leave shall be leave with pay. Active duty shall be leave
without pay.
An employee of the City and who is a member of the state military forces or a
reserve component of the armed forces is entitled to leave absence from their
duties on a day on which the person is engaged in authorized training or duty
ordered or authorized by proper authority. During a leave of absence, the
employee may not be subjected to loss of time, efficiency rating, vacation time, or
salary. Leaves of absence under this paragraph may not exceed 15 days in a
federal fiscal year. (Texas Government Code, Section 431.005)
Regular employees who present official induction orders (draftee or reserve unit
call up) to enter the United States Armed Forces, the Texas National Guard, or
the Texas State Guard will be eligible for military duty leave without pay. At the
time of military discharge, the employee shall be reinstated at a position
comparable to what the employee would have attained had he not been on active
duty. This shall include any promotions and/or pay raises for which the
employee would have been eligible had the employee been at work instead of
active duty. (Per Uniformed Services Employment and Reemployment Rights
Act 38 U.S.C. 2021 et. seq)
10. Bereavement Leave
The City will grant a maximum of 3 days bereavement leave per calendar year
for an employee to attend the funeral of a family member including spouse, and
the following of either the employee or spouse: child, brother, sister, parents,
grandparents, or foster parents. Department Directors may approve the
employee's request to take sick and/or vacation leave in addition to the 3 days
bereavement leave as follows:
1. The first 3 days will be charged to bereavement leave
2. Days 4 through 6 may be charged to sick leave. Leave exceeding 6 days
will be charged to vacation.
3. Employees have the option to use vacation rather than sick leave for days
4 through 6
11. Administrative Leave
Employees may be ordered not to return to work and placed on administrative
leave with pay when recommended by the Department Director and approved by
the City Manager.
Employee Policies Handbook/Page 27
12. Leave Without Pay
In circumstances not falling within other provisions of these rules, the Department
Director may authorize an employee to take leave without pay under such terms
and conditions as may be mutually agreeable up to a maximum of 2 calendar
weeks. Authorized leave without pay in excess of 2 weeks must be approved by
the City Manager.
13. FMLA Leave
The City offers FMLA leave pursuant to the provisions of the Family and Medical
Leave Act of 1993. Employees with at least 12-months of service, and who have
worked at least 1,250 hours in the last 12-months, may be eligible to take up to
12 weeks of unpaid Family/Medical Leave within any 12-month period and be
restored to the same or an equivalent position upon return from the leave. The
City will calculate the 12-month period by using a "rolling" 12-month period.
Family/Medical Leave is defined as an approved absence available to eligible
employees for up to 12 weeks under particular circumstances. Circumstances
that would constitute Family/Medical Leave are as follows:
1. The birth of a child and in order to care for such a child;
2. The placement of a child with you for adoption or foster care;
3. To care for your spouse, son, daughter, or parent with a serious health
condition; or
4. Because of your own serious health condition which renders you unable to
perform the functions of your position.
FMLA leave because of reasons (1) or (2) must be completed within the 12-
month period beginning on the date of birth or placement. In addition, spouses
employed by the City who request leave because of reason (1) or (2) or to care
for an ill parent may only take a combined total of 12 weeks leave during any 12-
month period.
FMLA leave is generally unpaid. An employee must substitute accrued paid
leave under certain circumstances:
1. If FMLA leave is requested because of a birth, adoption or foster care
placement of a child, or to care for a spouse, child, or parent with a
serious health condition, any accrued paid vacation, first will be
substituted for any unpaid Family/Medical Leave.
2. If FMLA leave is requested because of the employee's own serious health
condition, any accrued paid sick leave will be substituted first and then
accrued paid vacation will be substituted for any unpaid leave time that
does not extend the 12 week leave period.
If FMLA leave is requested because of the employee's own or a covered
relation's serious health condition, the employee and the relevant health care
Employee Policies HandbooklPage 28
provider must supply appropriate medical certification. Medical Certification
Forms may be obtained from the Human Resources Department. When FMLA
leave is requested, the City will notify the employee of the requirement for
medical certification and when it is due (at least 15 days after leave is
requested) .
Failure to provide requested medical certification in a timely manner may result in
denial of leave until it is provided. The City, at its expense, may require an
examination by a second health care provider designated by the City, if it
reasonably doubts the medical certification initially provided. If the second health
care provider's opinion conflicts with the original medical certification, the City, at
its expense, may require a third, mutually agreeable, health care provider to
conduct an examination and provide a final and binding opinion. The City may
require subsequent medical re-certification on a reasonable basis.
If medically necessary for a serious health condition of the employee or his/her
child, or parent, FMLA leave may be taken on an intermittent or reduced leave
schedule. If leave is requested on this basis, the City may require the employee
to transfer temporarily to an alternative position (equivalent in pay and benefits)
that accommodates recurring periods of absence.
No loss of service credit with the City will occur as a result of the FMLA leave, but
no benefit credits will accrue toward vacation or sick leave during unpaid FMLA
leave. However, accruals toward vacation and sick leave may be earned during
paid leave.
The employee's health benefits will continue during the leave, in accordance with
the City of La Porte Medical Plan Document. However, if the employee does not
return to work he/she will be responsible for 100% repayment of premiums paid
by the City, unless the employee cannot return to work because of a serious
health condition or other circumstances beyond his/her control. Employees are
responsible for payment of their dependent coverage premiums and other
authorized payroll deductions while they are on FMLA leave.
If the need for FMLA leave is foreseeable, the employee must give the City 30
days prior written notice. When unforeseen events occur that require FMLA
leave, employees must give notice as soon as practical, ordinarily within 1 or 2
working days. Failure to provide such notice may delay approval of FMLA leave.
The City has Request for Family/Medical Leave forms available from the Human
Resources Department. These forms should be used when requesting leave.
If FMLA leave is taken because of the employee's own serious health condition
or to care for a covered relation, the employee must contact the City on the first
and third Friday of each month regarding the status of the condition and their
intent to return to work.
Employee Policies Handbook/Page 29
Upon completion of FMLA leave because of the employee's own serious health
condition, employees are required to provide medical certification that they are fit
to resume work. Return to Work Medical Certification Forms may be obtained
from the Human Resources Department. Employees failing to provide the
Return to Work Medical Certification Form will not be permitted to resume work
until it is provided.
The following definitions apply for the purposes of the FMLA policy:
SPOUSE - is defined in accordance with State law
PARENT - includes biological parents and individuals who acted as your parents,
but does not include parents-in-law
CHILD - includes biological, adopted, foster children, stepchildren, legal wards,
and other persons for whom you act in the capacity of a parent and who are
under 18-years of age or over 18-years of age but incapable of caring for
themselves
SERIOUS HEALTH CONDITION - means any illness, impairment, or physical or
mental condition that involves: (1) any incapacity or treatment in connection with
inpatient care; (2) an incapacity requiring absence of more than 3 calendar days
and continuing treatment by a health care provider; or (3) continuing treatment by
a health care provider of a chronic or long-term condition that is incurable or will
likely result in incapacity of more than 3 days if not treated
CONTINUING TREATMENT - means (1) two or more treatments by a health
care provider; (2) two or more treatments by a provider of health care services
(e.g. physical therapist) on referral by or under orders of a health care provider;
(3) at least 1 treatment by a health care provider that results in a regimen of
continuing treatment under the supervision of the health care provider (e.g. a
program of medication or therapy); or (4) under the supervision of, although not
actively treated by a health care provider for a serious long-term or chronic
condition or disability that cannot be cured (e.g. Alzheimer's or severe stroke)
HEALTH CARE PROVIDER - includes: licensed MD's and OD's, podiatrists,
dentists, clinical psychologists, optometrists, chiropractors authorized to practice
in the State, nurse practitioners, and nurse midwives authorized under State law,
and Christian Science practitioners
14. Absences in Excess of 120 Calendar Days
After the expiration of 120 calendar days following any continuous absence
due to any reason, employment will be terminated. The employee may elect
to continue his or her health and dental insurance coverage under the provisions
of the Consolidated Omnibus Reconciliation Act of 1985 ("COBRA"). The
Employee Policies Handbook/Page 30
employee will be responsible for the premium and any other related fees for the
coverage.
V. REGULATIONS AND CONDUCT
1. Standards of Job Performance and Conduct
Employees are expected to observe certain standards of job performance and
good conduct. Specific rules included in this policy are intended to provide
employees with notice of what is expected of them, but cannot reasonably
include every type of unacceptable conduct and performance. Conduct and
performance not speCifically prohibited in this policy that adversely affects or is
otherwise detrimental to the interests of the City, other employees, or citizens,
may result in disciplinary action up to and including termination.
2. Work Standards
It shall be the duty of each employee to maintain high standards of cooperation,
efficiency, and economy in their work for the City. Department Directors shall
organize and direct the work of their departments to achieve these objectives.
If the work habits, quality or quantity of work and/or work conduct of any
employee falls below those standards expected by the supervisor, or outlined in
the employee's job description, then the employee shall be counseled regarding
the matters in question. Counseling of the employee in sufficient time for
improvement should ordinarily precede formal disciplinary action but nothing
herein shall prevent immediate formal action, as provided for in the City's
disciplinary policy, whenever required in the best interest of the City.
3. Misconduct
Employees may be disciplined for misconduct including but not limited to:
1. Violation of any City or department rule, regulation, policy, or procedure
2. Insubordination, indifference toward work, neglect of duties, disruptive
behavior, or any conduct that interferes with or prevents effective
performance of the duties of the position, the department, or the City
3. Dishonesty
4. Waste, damage to, theft of, abuse of, or unauthorized use of City property
5. The violation of any federal or state law, rule, regulation, or City ordinance
while on or off duty including a criminal act that may have an adverse
impact upon the City or on the public confidence in the integrity of City
Employee Policies HandbooklPage 31
government, or on the relationship of the employee and other employees,
or acts which reflect poorly upon the City's image
6. Violation of the City's harassment policy
7. Violation of the City's Drug and Alcohol policy
8. Excessive distribution of non-work related literature during working hours
and/or on city property
9. Gambling in any form during working hours and/or on City Property
4. Personal Appearance
All employees, regardless of work location and degree of public contact, shall
dress in a manner consistent with their departmental regulations. Department
Directors may establish uniform and equitable dress standards for the various
divisions within their departments.
5. Employee Financial Obligations
All employees are required to manage their personal financial affairs separately
from their careers with the City. If or when personal financial affairs interfere with
an employee's ability to perform their job duties, disciplinary action may be taken.
6. Operation of City Owned Vehicles and Equipment
All employees who are required to operate City owned vehicles or equipment
shall do so in a safe and prudent manner in compliance with all state, federal,
and local laws. Improper and/or unsafe operation of vehicles or equipment is
justification for disciplinary action.
All employees who have operating vehicles or equipment as a responsibility of
their position classification must have and maintain a proper driver's license and
an acceptable driving record. Improper license or unacceptable driving record, or
un-insurability or exclusion of an employee by the City's insurance carrier, is
justification for transfer, demotion, or termination.
Any employee whose driver's license is suspended for any reason shall notify
his/her supervisor and Human Resources immediately.
7. Outside Employment
Regular full-time employees may have other employment if their supervisor
determines it does not interfere with the performance of the employee's job
Employee Policies HandbooklPage 32
duties, or if it would result in a conflict of interest between the employee's work
for the City and the outside employment.
8. Use of City Property
City facilities, equipment, supplies, and other City resources are made available
to help employees perform their job duties and are not for personal use. The
City, however, recognizes that under certain circumstances the employee's
occasional use of city telephones, computers, facsimile, e-mail, copiers, Internet,
and similar resources for personal use may be necessary or beneficial to the
City. The City may establish separate policies governing the use of specific
equipment. The City will discipline an employee for inappropriate or excessive
use of City equipment for personal use. Any personal use of City property should
meet the following guidelines:
1. It should be infrequent and of short duration (A short telephone
conversation)
2. It should be for a compelling reason and not for mere convenience (A
telephone call to arrange with a spouse to pick-up a child after school)
3. It should not interfere with the employee's performance of job duties (The
use did not prevent the employee from completing the job duties)
4. It should not result in any additional charge to the City (Long distance
telephone charge)
5. It must not be used for personal monetary gain or the employee's personal
business (Selling products over the phone or internet)
9. Smoking
Employees are allowed to smoke only in designated smoking areas that are
recommended by each department and listed in the City's Policies and
Procedures Manual approved by Council and subsequently amended. Smoking
includes:
1. Carrying or holding a lighted pipe, cigar, or cigarette of any kind or any
other lighted smoking equipment or device;
2. Lighting a pipe, cigar, or cigarette of any kind or any other smoking
equipment or device; or
3. Emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or
other smoking equipment or device.
10. Drugs and Alcohol
Refer to the City's Drug and Alcohol Abuse Policy approved by Council as
subsequently amended.
Employee Policies Handbook/Page 33
VI. DISCIPLINE, REVIEWS, AND COMPLAINTS
1. Discipline
Basis for Disciplinary Actions
It is the City's policy to correct employee job deficiencies, or violation of City
policies when they occur. Supervisors shall deal directly with employee
performance deficiencies or City policy violations and employees shall be treated
fairly and consistently.
A supervisor should consider such factors as the type and severity of the offense,
the employee's work record, and any mitigating circumstances surrounding the
particular offense when considering disciplinary action.
The City shall consider the following as constituting a basis for disciplinary action
up to and including discharge. This list is not all-inclusive and is not intended to
be limited to the following:
1. Misconduct
2. Illegal, unethical, abusive, or unsafe acts
3. Violation of any portion of the personnel policies
4. Violation of other City department rules and/or regulations
5. Absenteeism and/or repeated tardiness
6. Insubordination
7. Work performance inefficiency
8. Abuse of leaves provided
9. Falsification of official documents or records
10. Being under the influence or use of drugs or alcohol while on duty
11. Unauthorized use of City records, material, or equipment
Types of Disciplinary Actions
Formal disciplinary action taken shall be consistent with the nature of the
deficiency or infraction involved and the work history of the employee. The
recommended steps of progressive discipline are as follows, but should not be
interpreted as a certain chain of events as the City reserves the right to
administer any disciplinary action up to and including discharge, depending on
the nature, scope, and severity of the offense and totality of the circumstances
surrounding such events: oral reprimand, written reprimand, probation,
suspension, demotion, and termination.
The City will attempt to follow progressive steps of disciplinary action whenever
possible to provide reasonable opportunity for performance correction but
ultimately reserves the right to employ any of the aforementioned actions for
particular deficiency or infraction depending upon the exact circumstances of the
Employee Policies Handbook/Page 34
deficiency or infraction. An employee may be formally advised at any time that
he or she may be dismissed or otherwise disciplined for further unsatisfactory
performance and/or conduct.
One or more of the following disciplinary measures may be taken depending on
the particular circumstances surrounding an offense. An employee shall be
provided with a warning with time to improve performance, whenever possible,
prior to suspension or termination. The recommended steps of progressive
discipline are as follows, but should not be interpreted as a certain chain of
events as the City reserves the right to administer any disciplinary action
depending on the nature, scope, and severity of the offense:
1. Oral Reprimand - For the first violation of a particular policy or regulation,
an oral reprimand is given identifying any violation(s) and indicating
needed improvement. There will be written documentation of the oral
reprimand that shall be signed by the employee and the supervisor and
placed in the employee's personnel file.
2. Written Warning - In the interest of a more formal type of disciplinary
action, an employee may receive a written reprimand. This written
reprimand shall describe the deficiency or infraction, cite the violated
policy or regulation, and state the likely consequences of further
unsatisfactory performance or conduct. The written warning shall be
signed by the employee and their supervisor and placed in the employee's
personnel file.
3. Disciplinary Probation - An employee may be placed on disciplinary
probation for a specified period of time, not to exceed 90 days, in order to
allow the employee enough time to show improvement regarding the
problem specified. The written document placing an employee on
disciplinary probation must include identification of the problem area, the
required necessary improvement, the specific length of disciplinary
probation status and the further disciplinary action that could result from
failure to show satisfactory improvement. This document shall be signed
by the employee and the supervisor and placed in the employee's
personnel file.
4. Suspension - A supervisor may, with the Department Directors approval,
suspend an employee without pay for a maximum of 15 calendar days in
one calendar year. The written suspension notice must contain the
reason for the suspension, other examples of policy or regulation
violations, if any, the consequences of a recurrence of the violation of
infraction, the period of suspension, and the review procedure. This
document shall be signed by the employee and the supervisor and placed
in the employee's personnel file.
Employee Policies Handbook/Page 35
When an employee is under investigation for a crime or official
misconduct, or is awaiting a hearing or trial in a criminal matter, the
employee may be suspended without pay for the duration of the
proceedings when such suspension would be in the best interest of the
City. If the investigation or proceedings clear the employee, he/she shall
be reinstated at the same position.
Employees on suspension shall not accrue any sick or vacation leave
during the suspension. If, after the review process, the suspension is
overturned, the employee's sick and vacation leave shall be adjusted
accordingly.
5. Involuntary Demotion - An employee may, with Department Director
approval, be demoted to a position in a lower salary range. Additionally,
the demoted employee's salary at the time of demotion may be reduced
by a factor of 15 percent. Involuntary demotions shall be made in written
form and shall include the reason(s) for the disciplinary action, the likely
consequence of further unsatisfactory performance and/or conduct, and
the review process. This document shall be signed by the employee and
the supervisor and placed in the employee's personnel file. A demoted
employee shall not be disqualified from consideration for later
advancement.
6. Termination - An employee may be terminated from employment with the
City as a final step in the progressive discipline process. Excepting those
types of policy or regulation violations that warrant immediate termination,
this disciplinary step will be employed as a final step that must be
approved by the Department Director, reviewed by the Human Resources
Manager, and approved by the City Manager. A letter of termination shall
be provided to the employee describing the performance deficiency and/or
policy or regulation violations.
Review of Disciplinary Actions
Following normal chain of command reviews, disciplinary actions are subject to
review by the City Manager if the employee so requests in writing within 5
working days following notice of action. This written request must include the
disciplinary action taken, the circumstances surrounding the action, and the
reason(s) the action is invalid. The City Manager shall have the authority to
approve, disapprove, modify, or rescind any disciplinary action taken. The City
Manager shall be final and binding arbiter in these matters.
Employee Policies Handbook/Page 36
2. Employee Complaints
Informal Oral Discussion
The City believes employee concerns are best addressed through informal and
open communication. Therefore, employees are directed to first discuss their
work-related concerns with their immediate supervisor. The supervisor
addressing the employee's complaint will attempt to resolve the complaint or
explain why it cannot be resolved to the employee's satisfaction.
Written Formal Complaints
Following these informal discussions, employees remaining dissatisfied may
submit a written complaint to their immediate supervisor, with a copy to Human
Resources, within 15 working days.
It is the responsibility of the immediate supervisor to study the complaint and
attempt to resolve it within 10 working days. The resolution should be in writing
and a copy given to the complaining employee and Human Resources. If the
complaint cannot be satisfactorily resolved within the 10-day period, or if the
complaining employee does not accept the supervisor's resolution, then the
supervisor shall refer the matter, with comments and/or recommendations to the
next higher level of supervision. The Department Director shall be the last
person in the department to whom an unresolved matter will be taken.
If the work-related complaint remains unresolved, the employee may request it
be forwarded to the City Manager for disposition, and the employee shall be
entitled to a written decision. The City Manager may direct Human Resources to
investigate the complaint and recommend a decision based upon interviews and
supporting written documents. The City Manager shall consider all parties'
positions and make the final decision.
Any intimidation, coercion, or threatened reprisals used to violate the intent of
this complaint procedure by either the employee or any level of supervision shall
constitute a basis for disciplinary action.
3. Texas Whistle Blowers Act
The Texas Whistle Blowers Act provides that the City may not suspend or
terminate the employment of, or otherwise discriminate against, a City employee
who reports a violation of law to an appropriate law enforcement authority, if the
employee report is made in good faith.
Employee Policies Handbook/Page 37
VII. NONDISCIPLlNARY TERMINATIONS
1. Voluntary Termination
Employees voluntarily terminate their employment with the City when they:
1. Resign either verbally or in writing
2. Fail to report to work without notice to the City for 3 consecutive workdays
unless the employee's absence is excused or FMLA protected leave
2. Inability to Perform Job
With the approval of the City Manager, a Department Director may require that a
current employee undergo a medical examination, at the City's expense, to
determine if such employee is able to perform the essential functions of the
employee's current position.
Employees may be separated from City employment because of incapacity for
medical reasons, either physical or mental, when the employee is no longer
capable of performing the essential job functions of the position.
3. Termination Due to Reorganization, or Economics
The City may need to terminate employees due to reorganization, eliminating
jobs, budget constraints, or lack of work. The City will attempt to provide
advance notice of such terminations.
Terminations due to reorganization, eliminating jobs, budget constraints, or lack
of work are not disciplinary terminations and are not subject to procedures
applicable to disciplinary terminations.
Employee Policies Handbook/Page 38
VIII. PERSONNEL RECORDS AND SEARCHES
1. Personnel Files
Human Resources shall maintain the official personnel files for all City
employees. Unless otherwise provided by law, personnel files shall be kept
confidential and may not be used or divulged for purposes unconnected with the
City's personnel management system except with the permission of the
employee involved.
Nothing herein shall prevent the dissemination of impersonal statistical
information. Employees shall have the right of reasonable inspection of their
personnel file under procedures prescribed by Human Resources. Employees
may request and receive a copy of their personnel file or any portion thereof
under procedures prescribed by the Human Resources.
Non-employees who wish to inspect a current or former employee's personnel
file shall either make a formal written request through Human Resources under
the Open Records Act or subpoena the desired records through a court order.
2. Searches
The City may conduct inspections or searches of City property with or without
prior notice. The City may search City property regardless of whether the
property is used exclusively by the employee and locked. Examples of City
property include, but are not limited to City owned:
1. Vehicles
2. Workspaces
3. Desks
4. Lockers
5. Machinery
6. Computers
Employee Policies Handbook/Page 39
EMPLOYEE ACKNOWLEDGMENT
By accepting or continuing employment with the City of La Porte, you
acknowledge that your employment is subject to all policies contained in this
handbook and any other rules and regulations adopted by the City, department,
or division and that you agree to conform to these policies and the rules and
regulations. You also acknowledge that no officer or employee of the City has
the authority to enter into any agreement on an employment policy that is
contrary to the policies contained in this handbook.
PLEASE READ THIS EMPLOYEE HANDBOOK AND FILL OUT
AND RETURN THIS PAGE TO HUMAN RESOURCES
WITHIN 1 WEEK OF RECEIPT
Employee Name:
This acknowledges that I have been given a copy of the City of La Porte
Employee Policies Handbook and have read and understand the contents. I
understand that the City may modify or rescind any policies, benefits, or practices
described in the City of La Porte Employee Policies Handbook at any time
without prior notice to me.
Signed:
Date:
Employee Policies HandbooklPage 40