HomeMy WebLinkAboutO-2009-3129 approving updated Employee Policy HandbookREOUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: March 23, 2009
Requested By: Heather Weger
Department: Human Resources
Report: Resolution: Ordinance: X
Exhibits: Ordinance
Exhibits: Policy Manual
Exhibits
Budget
Source of Funds
Account Number:
Amount Budgeted: _
Amount Requested:_
Budgeted Item: YES
NO
SUMMARY & RECOMMENDATION
The changes requested to be made by City Council at the March 9°i meeting are highlighted in green. Additional
changes suggested by the attorney are highlighted in red.
Action Required by Council:
Adopt Employee Policy Manual
Approved for City Council Agenda
I & /0 /, 4�, 3-(x',69
Ron Bottom , City Manager Date
a / —
ORDINANCE NO. 31��
AN ORDINANCE ADOPTING THE CITY OF LA PORTE EMPLOYEE POLICIES
HANDBOOK DATED April 11 20091 PROVIDING A SEVERABILITY CLADSEt
FINDING COMPLIANCE WITH THE OPEN ]MEETINGS LAWI 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
April 1, 2009, 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 April 1, 2009.
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 April 1, 2009.
PASSED AND APPROVED, this 23rd day of March, 2009.
ATTEST:
L;�XaL a. ew
Martha A. Gillett
City Secretary
APPROVED:
Clark T. Askins
Assistant City Attorney
C TY OF LA PORTE
By:
d
Alton E. Porter
Mayor
01
City of La Porte
EMPLOYEE POLICIES HANDBOOK
Effective March 30, 2009
SEVERABILITY CLAUSE
In the event any section of provision of these personnel policies is found to be unconstitutional,
void, or inoperative by the final judgment of a court of competent jurisdiction, such defective
provision, if any, is hereby declared to be severable from the remaining sections and provisions
of those policies, and such remaining sections or provisions shall remain in full force and effect.
Issued this
2 3 RA
day of
City of La Porte v
Approved by the City Council of the City of La Porte, Texas this 23 qday of Coco—. ,
20 q .
V, -L'
v
Alton Porter, Mayor
City of La Porte
ATTEST:
Martha Gillett, City Secretary
City of La Porte
EMPLOYEE STATEMENT
I, acknowledge that I have received the City of La Porte Personnel
Policy Manual effective March 30, 2009, and I agree to read it and to comply with it and any
other rules and policies of the City. I understand that violating the policies and rules set out in
this handbook may lead to disciplinary action up to and including termination.
I understand that these policies and/or any other policies or manuals used by the City of La
Porte are guidelines for use by employees and are not intended nor do they create an
employment contract for any specified length of time, or any other type of obligation binding on
the City.
Additionally, I understand that neither the contents of these policies nor any statements made to
me now or in the future constitute an employment contract. I further understand that the final
interpretation and application of these policies is within the sole and exclusive discretion of the
City.
Employee Name (please print)
Employee Signature
Date
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TABLE OF CONTENTS
Section
Page
Chapter One
General Provisions
1.01
Introduction
1
1.02
Purpose
2
1.03
At -Will Employment
2
Chapter Two
Employment Appointments
2.01
Equal Employment Opportunity
3
2.02
American with Disabilities Act
3
2.03
Application Process
3
2.04
Promotions
5
2.05
Transfers
5
2.06
Demotions
6
2.07
Appointments
6
2.08
Introductory Employment Period
7
2.09
Nepotism
9
2.10
Eligibility for Rehire
10
2.11
Performance Evaluations
10
2.12
Residence
10
Chapter Three
Standards of Conduct
3.01
Introduction
11
3.02
Personal Appearance
11
3.03
Ethics
11
3.04
Violations of Policies/Acts of Misconduct
11
3.05
Financial Responsibility of Employees
12
3.06
Suspected Misconduct and Dishonest Policy
13
3.07
Conflicts of Interest
15
3.08
Gifts
15
3.09
Outside Employment
16
TABLE OF CONTENTS
Section
3.10
Political Activity
16
3.11
Solicitations
16
3.12
Personnel Records Access
17
3.13
Confidential Information
17
3.14
Tobacco Use Policy
18
3.15
Gambling
18
3.16
Harassment in the Work Place
18
3.17
Workplace Violence
19
3.18
Weapons Policy
19
3.19
Searches
19
3.20
Use of City Vehicles
20
3.21
Use of City Equipment/Property
21
3.22
Cell Phone Usage
22
3.23
Internet Usage
22
Chapter Four
Drug and Alcohol Policy
4.01
Purpose
25
4.02
Scope
25
4.03
Policy
25
4.04
Education
26
4.05
Prohibited Activities
26
4.06
Discipline
27
4.07
Drug and Alcohol Testing of Job Applicants
28
4.08
Testing of Employees and Contract Employees
28
4.09
Appeal of a Drug or Alcohol Test Result
29
4.10
Employee Assistance
30
4.11
Inspections and Searches
31
4.12
Confidentiality
32
4.13
Definitions
32
TABLE OF CONTENTS
Section
Chapter Five
Discipline Process
5.01
General Provisions
34
5.02
Basis for Disciplinary Actions
34
5.03
Types of Disciplinary Actions
35
5.04
Review of Disciplinary Actions
36
Chapter Six
Employee Complaints and Appeal Process
6.01
Right to Appeal
37
6.02
Oral Discussion
37
6.03
Appeal Procedure
37
6.04
Texas Whistle Blowers Act
37
Chapter Seven
Attendance and Leave Policy
7.01
Attendance and Work Hours
38
7.02
Excused Absence
39
7.03
Unexcused Absence
39
7.04
Repeated Unexcused Absences
39
7.05
Inclement Weather
40
7.06
Holidays
40
7.07
Vacation
41
7.08
Sick Leave
42
7.09
Family Medical Leave Act
43
7.10
Workers' Compensation
45
7.11
Administrative Leave
45
7.12
Leave without Pay
45
7..13
Bereavement Leave
46
7.14
Jury Duty
46
7.15
Military Leave
47
TABLE OF CONTENTS
Section
Chapter Eight
Employee Wage and Benefits
8.01
Position Classification
49
8.02
Salary Administration
49
8.03
Method of Payment
49
8.04
Benefits Eligibility
49
8.05
Texas Municipal Retirement System
49
8.06
Retiree Medical Benefits
50
8.07
Short Term Disability
53
8.08
Long -Term Disability
53
8.09
Workers' Compensation Insurance Program
53
8.10
Uniforms
53
8.11
Overtime Pay
53
8.12
Standby Pay
55
8.13
Longevity Pay
55
8.14
Education Reimbursement
56
8.15
Certification Pay
56
8.16
Bilingual Certification Pay
56
8.17
Emergency Pay Policy
57
Chapter Nine
Employee Safety
9.01
General Safety
62
9.02
Job Injuries
62
9.03
Hazard Reporting
62
9.04
Incident and Claims
62
Chapter Ten
Termination of Employment
10.01
Voluntary Terminations
63
10.02
Exit Interview
64
10.03
Separation Pay
64
Glossary
66
CHAPTER ONE
GENERAL PROVISIONS
1.01 Introduction
This Employee Policies Handbook is intended provide information about the main features of
the City of La Porte's employment policies, benefits and their application to individuals
employed with the City.
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.
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, approval and
interpretation is reserved by the City Manager with regard to all matters of subjects covered by
these policies.
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 shall apply.
All City employees upon employment will be provided with a copy of these policies. City
employees will sign a form acknowledging receipt of these policies and such form will become a
part of the employee's official employment record.
This policy manual supersedes any and all previous personnel policy manuals approved or
utilized by the City of La Porte and becomes effective March 30, 2009.
1.02 Purpose of Personnel Policy Handbook
The City of La Porte's personnel policies are designed to bring to the City's service a high
degree of understanding, cooperation, efficiency, and unity through systematic, uniform
application of personnel policies and practices. The principal objectives of the City's personnel
management system include the following:
The objectives of the personnel policies are as follows:
• To promote good, and uniform and effective personnel practices as well as uniform
administration in the management of the City's human resources.
• To attract and retain qualified employees, and to provide such employees opportunities
for professional growth so that they may serve the citizens of the city to the best of their
ability.
• To provide equitable and adequate compensation based upon individual merit and the
relative duties and responsibilities of positions in the service of the City.
• To promote high morale by the consistent administration of this chapter, and to protect of
the rights and interests of all employees.
1.03 At -Will Employment
Employment with the City is for no fixed or definite term. All employment by the City has been
and continues to be at -will, except for those positions that may have a written contract approved
by the City Council. 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. In that regard, both the employee
and/or the City have the right to terminate employment at any time, with or without notice, and
with or without cause.
oil
CHAPTER TWO
EMPLOYMENT AND APPOINTMENTS
2.01 Equal Employment Opportunity
The City of La Porte maintains policies and practices of Equal Employment Opportunities for all
applicants and employees. The City does not 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.
2.02 Americans with Disabilities Act
To ensure compliance with the Americans with Disabilities Act, the City offers equal
employment opportunity to qualified individuals and strictly prohibits discrimination against
qualified individuals on the basis of disability.
The City will provide a reasonable accommodation to the known physical or mental impairments
of an otherwise qualified individual with a disability if such reasonable accommodation will
enable the individual to perform the essential functions of the position at issue. The City will not
deny employment opportunities on the basis of the need to provide reasonable accommodation
to the individual's physical or mental impairments, unless it would cause an undue hardship to
the City, or constitute a threat to the safety of the disabled person or other persons.
Employees who have a complaint involving potential violations of the Americans with Disabilities
Act, including but not limited to harassment, discrimination, or failure to provide a reasonable
accommodation, must immediately report such complaint by following the chain of command.
2.03 Application Process
The City hires employees based solely on their knowledge, skills and abilities, experience, and
other qualifications as they relate to the duties and responsibilities of a position without regard to
race, national origin, religion, color, sex, age, citizenship, political affiliation, disability, or any
other characteristic protected by law.
Recruitment Requirements
The recruitment process is initiated by a Department Director or their designee by submitting an
Employee Requisition Form to Human Resources. Job vacancies will be posted at the
requested sites as well as on the City's website and other sites throughout the City.
After making a decision to hire, the hiring department must submit the Prospective Employee
Form to Human Resources. Offers for City employment will be communicated by Human
Resources upon receipt of the hiring recommendation from the applicable department and all
related paperwork.
3
Applications
Anyone seeking employment, promotion, transfer, or reemployment with the City must complete
and submit an official City application for the position desired. All information set forth on an
application is subject to verification. Applications will normally be considered active until the
vacancy is filled. Applications for employment will be considered by the Department Director or
their designee.
Hirina Process
Applicants will be required to submit to an oral interview, a post -offer physical examination, drug
and alcohol screening, as well as a background investigation. A written exam may also be
required for certain positions. A credit check may be required for positions involving financial
transactions. A driving record check may also be required for employees whose position
requires driving a city vehicle.
Disqualification
Applicants may be disqualified from consideration for one or more of the following reasons:
• Failure to meet the minimum qualifications necessary for performance of the duties for the
position;
• If the applicant previously worked for the City and was terminated, or resigned in lieu of
termination, due to unsatisfactory performance or conduct and/or violation of a City policy or
procedure;
• If their employment will result in a violation of the City's Nepotism Policy;
• False statements or material omissions on the application form or during the application
process;
• Failing any of the City's employment requirements including, but not limited to, drug testing;
• The applicant commits or attempts to commit a fraudulent act at any stage of the selection
process;
• The applicant is not legally permitted to work in the United States;
• The applicant failed to meet the posted deadline for filing an application
• The applicant has been convicted of a crime which could result in that applicant's
employment being detrimental to the integrity of the City's service
• The applicant applied for a position which requires operation of a motor vehicle and has an
unsatisfactory driving record or an invalid driver's license, or the applicant lacks the required
type of driver's license for the position sought.
• Any other reason deemed to be in the best interest of the City
52
2.04 Promotions
It is the City's goal to encourage professional growth among its employees through promotional
opportunities when available. City employees that meet the qualifications of the posted position
may be given preference in the application and selection process.
The following procedures apply to promotions:
1. Departments notify Human Resources of all existing and anticipated vacancies
by filling out the Employee Requisition Form.
2. Human Resources posts the vacancies by sending job announcements to
posting sites located throughout the City
3. 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.
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 temporary
supervisory pay. Employees temporarily promoted shall not acquire any status or rights in the
class to which they are temporarily assigned.
2.05 Transfers
The City will attempt to honor employees' transfer requests when it does not adversely affect
the interests of the City or its employees.
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 Department Director and the City Manager.
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.
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).
4i
Administrative, Interdepartmental, and intradepartmental lateral transfers shall abide by the
same terms as above, and do not require a posting of the job opportunity announcement.
2.06 Demotions
Voluntary Demotion
Voluntary Demotions require the approval of the Department Director, and the City Manager,
and will be considered only if they are in the best interest of the City. All documentation must be
reviewed by the Human Resources Manager. 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 involved from consideration for future
advancement. Demotions resulting from alternatives to layoffs may be fully or partially
rescinded at any time. Demoted employees will not be eligible for a salary adjustment until one-
year from date of demotion.
Involuntary Demotions
Involuntary Demotions require the approval of the Department Director and the City Manager.
All documentation must be reviewed by the Human Resources Manager. This action may be
taken for disciplinary purposes or any other purpose deemed necessary. An employee
involuntarily demoted shall not be disqualified from consideration for future advancement.
2.07 Appointments
The purpose of categorizing positions within the
position's work routine as well as to clarify the
type of position.
City service is to designate the nature of the
eligibility of benefits provided to the particular
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/seasonal 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/seasonal 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.
0
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.
2.08 Introductory Employment Period
All new employees hired to fill regular full-time or part-time positions must satisfactorily complete
an introductory employment period of 6 months (1 year for licensed peace officers, 18 months
for unlicensed peace officers Civil Service). Additionally, all current, non -civil service
employees who are transferred, promoted, appointed, demoted, or reclassified within the City
service shall be required to successfully complete an introductory period of six (6) months as
well as former City employees who are rehired. The introductory period assists the City in
maintaining an effective, productive, and efficient workforce to provide quality services to the
citizens. Only those employees who meet acceptable performance and other standards during
their introductory period will be retained as employees. An extended orientation and/or training
time may be added to the introductory period. Employees are considered introductory
employees until they have actually performed their regular job duties for at least 6 complete
months to assure their ability to meet acceptable standards of work performance and behavior
for the employee's position.
Seasonal/TemDora ry Employees — Seasonal/temporary full and part-time employees do not
serve an introductory employment period and have no right of appeal when terminated at any
time.
Absences During Introductory Employment Period - During the introductory employment
period, an employee is eligible to use sick leave for qualifying absences, but may use vacation
leave for an absence due to illness or injury only if all sick leave has been exhausted and if
authorized by the employee's Department Director. Transferred or promoted employees
serving introductory periods retain their eligibility for all types of leave established by City policy.
Extensions to 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.
Successful Completion of Introductory Period- An employee is granted "regular' status in
the new position if the employee satisfactorily completes the performance introductory period.
Failure of Introductory Period - An employee is considered to have failed the introductory
period when it is determined that the employee's fitness, job performance, quality or quantity of
work, attendance, or combination thereof, does not meet minimum job performance standards
and expectations for the position. Failure of the introductory period may occur at any time within
the introductory period. An employee who fails their introductory period will be terminated from
the City's employment. A transferred or promoted employee who fails probation may, at the
sole discretion of the City, be reinstated to his/her former position provided there is a vacancy
and if approved by the affected Department Director(s). Department Directors are responsible
for ensuring the thorough written documentation of all cases of failure of the introductory period,
including counseling, training, and other efforts to help employees during their introductory
7
period. All such documentation must be reviewed by the Human Resources Manager before
the employee,can be terminated.
Termination of Introductory Employment — Introductory employees are at -will employees and
may be terminated at any time during the introductory period, with or without notice or cause.
An introductory employee who is terminated has no right of appeal.
2.09 Nepotism
Purpose
The purpose of this policy is to prevent conflicts of interest, to avoid biased conduct, and to
maintain the confidentiality of restricted information.
City Manager and City Council
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 thirty
(30) days or more, in the case of persons related to the City Manager, or two (2) years or more,
in the case of persons related to the Mayor or a Councilperson, at the time of the election or
appointment of the officer to whom he or she is related.
Applicants and Employees
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 unless approved by the City Manager.
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.
Reorganization
In the event of reorganization, promotion, or any other situation giving rise to a relationship
between two City employees that is afe 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, unless an open position exists for which they are qualified and does not
violate this or any other policy. In such cases where the two employees cannot reach an
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.
0
First Degree
By Consanguinity
By Affinity
Grandparents
Spouse
Parents
Souses of relatives listed under consanguinity
Children
Parents of Spouse
Children of Spouse
Stepparents
Stepchildren
Second Degree
By Consanguinity
By Affinity
Grandparents
Souses of relatives listed under consanguinity
Grandchildren
Grandparents of Spouse
Brothers and Sisters
Grandchildren of Spouse
Brothers and Sisters of Spouse
Third Degree
By Consanguinity
By Affinity
Great Grandparents
No Prohibition
Great Grandchildren
Nieces and Nephews
Aunts and Uncles
2.10 Eligibility for Rehire
Former employees may be eligible for rehire with the City at the discretion of the City Manager;
however, they shall not receive preference over other applicants on the basis that they were
formerly employed by the City. If a former employee is rehired, he/she will be subject to all
introductory periods as set forth in the policy handbook.
2.11 Performance Evaluations
The City uses a thorough performance evaluation system for assisting supervisors in
communicating job expectations, measuring the employee's level of past performance,
recognizing employee achievements and exemplary performance, and strengthening the
supervisor -employee relationship. The performance evaluation system provides necessary
information for management decisions including career development and training, assignments,
advancements, transfers, disciplinary actions, retention, compensation, etc. The purpose of the
performance evaluation system as outlined herein is to achieve optimum employee performance
resulting in outstanding customer service.
Schedule - Regular full and part-time employees are eligible for:
• A performance review after completing their introductory period; and
• Annual performance evaluation on their anniversary date
The Human Resources Department will review all evaluation documents for obvious errors and
return them to the Department Directors for any clarifications or procedural corrections. The
Human Resources Department is responsible for maintaining original evaluation documents in
official personnel files.
2.12 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 the Vehicle
Policy. However, in no event shall any residency requirement contravene applicable law.
10
CHAPTER THREE
STANDARDS OF CONDUCT
3.01 Introduction
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.
3.02 Personal Appearance
The City of La Porte recognizes the necessity for each department to set their own dress
standards. All employees regardless of work location and degree of public contact shall dress
in a professional manner.
3.03 Ethics
Personal conduct of employees should be such that it is a credit to themselves and the City. In
matters of general conduct, within the scope of these policies, employees will be governed by
the precepts of good moral behavior observed by law-abiding citizens.
3.04 Violations of Policies/Acts of Misconduct
Employees may be disciplined or terminated for misconduct dependent on the severity,
including but not limited to:
1. Violation of any City or department rule, regulation, policy, or procedure
2. Insubordination, indifference toward work,
conduct that interferes with or prevents
position, the department, or the City
3. Dishonesty
neglect of duties, disruptive behavior, or any
effective performance of the duties of the
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 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
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10. Violation of City's Weapons Policy
11. Failure to report an on the job injury within twenty-four hours.
12. Failure to report an incident within twenty-four hours.
3.05 Financial Responsibility of Employees
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.
3.06 Suspected Misconduct and Dishonesty Policy
Introduction
Like all organizations, The City of La Porte is faced with risks from wrongdoing, misconduct,
dishonesty and fraud. As with all Municipal business exposures, we must be prepared to
manage these risks and their potential impact in a professional manner.
The impact of misconduct and dishonesty may include:
• The actual financial loss incurred
• Damage to the reputation of our organization and our employees
• Negative publicity
• The cost of investigation
• Loss of employees
• Loss of customers
• Damaged relationships with our contractors and suppliers
• Litigation
• Damaged employees morale
Our goal is to establish and maintain an environment of fairness, ethics and honesty for our
employees, our citizens, our suppliers and anyone else with whom we have a relationship. To
maintain such an environment requires the active assistance of every employee and manager
every day.
The City of La Porte is committed to the deterrence, detection and correction of misconduct and
dishonesty. The discovery, reporting and documentation of such acts provides a sound
foundation for the protection of innocent parties, the taking of disciplinary action against
offenders up to and including dismissal where appropriate, the referral to law enforcement
agencies when warranted by the facts, and the recovery of assets.
Purpose
The purpose of this document is to communicate city policy regarding the deterrence and
investigation of suspected misconduct and dishonesty by employee and others, to provide
specific instructions regarding appropriate action in case of suspected violations.
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Definition of Misconduct and Dishonesty
For purpose of this policy, misconduct and dishonesty include but are not limited to:
• Violations of the City of La Porte Employee Policies handbook.
• Theft or other misappropriation of assets, including assets of the city, our citizens,
suppliers or others with whom we have a business relationship
• Misstatement and other irregularities in the City of La Porte records, including the
intentional misstatement of the results of operations
• Wrongdoing
• Forgery or other alteration of documents with the intent to defraud.
• Fraud and other unlawful acts
• Any similar acts
• This Policy does not supersede other policies (i.e. credit card policy, travel policy etc.)
The City of La Porte specifically prohibits these and any other illegal activities in the actions of
its employees, managers, executives and others responsible for carrying out the organization's
activities.
Policy and Responsibilities
Reporting
It is the responsibility of every employee, supervisor, manager and executive to immediately
report suspected misconduct or dishonesty to their supervisor. Supervisors, when made aware
of such potential acts by subordinates, must immediately report such acts to their supervisor.
Any reprisal against any employee or other reporting individual because the individual, in good
faith, reported a violation is strictly forbidden.
Additional responsibilities of Supervisors
All employees have a responsibility to report suspected violations. However, employees with
supervisory and review responsibilities at any level have additional deterrence and detection
duties. Specifically, personnel with supervisory or review authority have three additional
responsibilities
First, you must become aware of what can go wrong in your area of authority.
Second, you must put into place and maintain effective monitoring, review and control
procedures that will prevent acts of wrongdoing.
Third, you must put into place and maintain effective monitoring, review and control
procedures that will detect acts of wrongdoing promptly should prevention efforts fail.
Authority to carry out these three additional responsibilities is often delegated to subordinates.
However, accountability for their effectiveness cannot be delegated and will remain with
supervisors and managers.
Assistance in effectively carrying out these responsibilities is available upon request through the
City Manager's Office.
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Responsibility and Authority for Follow Up and Investigation
The City Manager, Human Resources, Finance and Police have the primary responsibility for all
investigations involving all acts of fraud by a city employee. The assistance of the Police
Department may be required in any investigation.
Properly designated members of the investigators will have free and unrestricted access to all
city records.
All investigations of alleged wrongdoing will be conducted in accordance with applicable City of
La Porte practice of administrative and police notifications and investigations.
Reported Incident Follow Up Procedure
Care must be taken in the follow up of suspected misconduct and dishonesty to avoid acting on
incorrect or unsupported accusations, to avoid alerting suspected individuals that follow up and
investigation is underway, and to avoid making statements which could adversely affect the city,
an employee, or other parties.
Accordingly, the general procedures for follow up and investigation of reported incidents are as
follows:
1. Employees and others must immediately report all factual details as indicated
through this Policy.
2. The City Manager, Human Resources, Finance (fraud related), and Police have
the responsibility for follow up and, if appropriate, investigate all reported
incidents.
3. All records related to the reported incidents will be retained wherever they reside.
4. Do not communicate with the suspected individuals or organizations about the
matter under investigation.
5. In appropriate circumstances and at the appropriate time, Human Resources
Department will notify the employee's Director.
6. The Director of Finance or Human Resources will notify the City Manager of all
reported incidents so that it may be determined whether this matter should be
brought to the attention of the Fiscal Affairs Committee.
7. City Manager, Human Resources, and the Director of Finance may also obtain
the advice of Legal at any time throughout the course of an investigation or other
follow up activity on any matter related to the report, investigation steps,
proposed disciplinary action or any anticipated litigation.
8. Neither the existence nor the results of investigations or other follow up activity
will be disclosed or discussed with anyone other than those persons who have a
legitimate need to know in order to perform their duties and responsibilities
effectively.
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9. All inquiries from an attorney or any other contacts from outside of the company,
including those from law enforcement agencies or from the employee under
investigation, should be referred to Legal.
Investigative or other follow up activity will be carried out without regard to the suspected
individual's position, level or relationship with the City of La Porte.
Questions or Clarifications related to This Policy
All questions or other clarifications of this policy and its related responsibilities should be
addressed to the Finance Department, who shall be responsible for the administration, revision,
interpretation, and application of this policy.
3.07 Conflict of Interest
Employees shall conduct their affairs and actions so that there will be no conflict of interest with
their employment by the City of La Porte.
Conflict of Interest shall include, but not be limited to:
• Soliciting, accepting, or agreeing to accept a financial benefit, other than from the City
that might tend to influence the employee's performance of duties for the City, of that
which the employee knows or should know is offered with intent to influence the
employee's performance.
• Accepting employment or compensation that might reasonably induce the employee to
disclose confidential information acquired in the performance of official duties.
• Accepting outside employment or compensation that might reasonable tend to impair
independence of judgment in performance of the duties for the employee.
• Making any personal investment that might reasonably be expected to create a
substantial conflict between the employee's private interest and duties for the City.
• Soliciting, accepting or agreeing to accept a financial benefit from another person in
exchange for having performed duties as a City employee as a favor to that person.
3.08 Gifts
An employee may not receive any income or other material gain from anyone outside the City
for services provided by the employee in the performance of his or her job with the City.
Individual City employees are prohibited from soliciting, accepting or agreeing to accept any gift,
gratuity, favor, benefit or anything else of value from any person, organization, or other entity
who has done business, is doing business, or seeks to do business, with the City. However, an
employee who accepts the following will not be in violation of this policy:
• an award publicly presented in recognition of public service
• tee-shirts, caps and other similar promotional material
• any gift which would have been offered or given to the employee even if the employee were
not a City employee
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3.09 Outside Employment
An employee of the City of La Porte is not permitted to engage in outside employment where
such employment would bring the City into disrepute, reflect discredit upon the employee as an
employee of the City, interfere with the performance of the employee's City duties, present a
conflict of interest, result in misuse of City property or funds, or result in the use of the City
position for personal gain.
Outside employment, which does not constitute a conflict of interest, interfere in the
performance of their normal duties may be permitted with the written approval of the City
Manager or designee. An employee will not be covered by the City's workers' compensation
insurance while working for another employer or while self-employed
Approval for outside or self-employment as set out in this policy does not authorize an employee
on FMLA leave, sick leave, disability leave, workers' compensation leave, or an unpaid leave of
absence, to engage in any outside or self-employment. Under no circumstances may an
employee on FMLA leave, sick leave, disability leave, workers' compensation leave, or an
unpaid leave of absence, engage in outside or self-employment as defined in this policy.
3.10 Political Activity
City employees will not be appointed or retained on the basis of their political support or
activities. City employees are encouraged to vote and to exercise other prerogatives of
citizenship consistent with state and federal law and these policies. City employees may not:
• Publicly endorse or campaign in any manner for any person seeking a City public
office while on City time.
• Use his/her position or office to coerce political support from employees or citizens.
• Use his/her official authority or influence to interfere with or affect the result of a
campaign issue, an election or nomination for public office.
• Use working hours or City property to be in any way concerned with soliciting or
receiving any subscription, contribution or political service to circulate petitions or
campaign literature on behalf of an election issue or candidate for public office in any
jurisdiction.
• Hold an appointive or elective office of public trust where service would constitute a
direct conflict of interest with City employment. Upon becoming a candidate or
otherwise deciding to seek or assume such an office, an employee must immediately
resign or will be dismissed upon failure to do so.
3.11 Solicitation
Active solicitation for sale of items or donations and distribution of literature of any kind for any
purpose without the City Manager's approval is prohibited by the public or City employees on
City property during working hours.
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3.12 Personnel Records Access
Human Resources maintains 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.
It is important that accurate, current records be maintained for benefits and employment
purposes. Therefore, all employees are required to notify human resources immediately if there
is any change in relevant personal or employment information such as changes in address,
phone numbers, emergency contact information, beneficiaries, number of dependents or legal
name.
Nothing herein shall prevent the dissemination of non -personal statistical information. All
information contained in the personnel file is the property of the City of La Porte and is not
available for review by anyone other than the employee, his or her Director, the City Manager
and the Human Resources Department, except through the Public Information Act. Employees
may examine their personnel file after contacting the Human Resources Department in advance
to schedule an appointment. Employees may request and receive a copy of their personnel file
or any portion thereof under procedures prescribed by the Human Resources.
If an employee believes that information in their personnel file is incorrect, they must submit a
written request to change the information to the Human Resources Department. If such a
request is granted by the City Manager, the Human Resources Department will make the
change and notify the employee of such change. If the request is denied, an employee can ask
to place a statement of disagreement in the file. This statement of disagreement will become a
permanent part of the employee's file.
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.
3.13 Confidential Information
All City files and information regarded as confidential by federal, state or local regulations shall
be maintained and appropriated according to those regulations.
Medical Information
The City of La Porte strives to protect the privacy of its employees' medical information to the
greatest possible extent. To that end, we provide the following guidelines regarding the
confidentiality of medical information.
Any medical information concerning employees will be maintained in separate,
confidential medical files apart from regular personnel records. Only authorized
employees shall have access to such files.
• Employees are hereby notified that medical information concerning employees is
absolutely confidential under state and federal laws and may not be discussed at any
time with any person under any circumstances.
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• Any employee who is found to have discussed medical information about another
employee with anyone else is in violation of this policy, or who is found to have released
such information without authorization, will be subject to disciplinary action, up to
immediate termination.
3.14 Tobacco Use Policy
Smoking or the use of smokeless tobacco on City property should be confined to designated
areas as determined by the respective Department Director.
All tobacco use is prohibited in any City vehicle or City building and while addressing the public.
3.15 Gambling
An employee shall not engage or participate in gambling activities of any form while on duty, in
a City uniform, or on City property.
3.16 Harassment in the Work Place
All City employees are entitled to a workplace free of unlawful harassment by management,
supervisors, co-workers, citizens, and vendors. City employees are also prohibited from
harassing citizens, vendors, and all other third parties.
Sexual Harassment. One form of unlawful discrimination is sexual harassment. Unwelcome
sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual
nature constitutes sexual harassment when:
submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment, or
submission to or rejection of such conduct by an individual is used as a basis for
employment decisions affecting such individual, or
such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile, or offensive
work environment.
Other Prohibited Harassment - In addition to the City's prohibition against sexual harassment,
harassment on the basis of any other legally protected characteristic is also strictly prohibited.
This means that verbal or physical conduct that singles out, denigrates, or shows hostility or
aversion toward someone because of race, religion, color, national origin, age, disability,
veteran status, citizenship, or any other characteristic protected by law is also prohibited.
Prohibited conduct includes, but is not limited to, epithets, slurs and negative stereotyping;
threatening, intimidating, or hostile conduct; denigrating jokes and comments; and writings or
pictures, that single out, denigrate, or show hostility or aversion toward someone on the basis of
a protected characteristic. Conduct, comments, or innuendoes that may be perceived by others
as offensive are wholly inappropriate and are strictly prohibited. This policy also prohibits
sending, showing, sharing, or distributing in any form, inappropriate jokes, pictures, comics,
stories, etc., including but not limited to via facsimile, e-mail, and/or the Internet. Harassment of
any nature, when based on race, religion, color, sex, national origin, age or disability, will not be
tolerated. This policy applies to City employees, citizens, vendors, and other visitors to the
workplace.
Mandatory Reporting - The City requires that employees report all perceived incidents of
harassment, regardless of the offender's identity or position. Any employee who observes or
otherwise learns of possible harassment in the workplace or who believes that he or she has
been subjected to conduct prohibited by this policy must report it immediately to his or her
supervisor.
Any supervisor, manager, or Department Director who becomes aware of possible conduct
prohibited by this policy must immediately advise his/her Department Director and /or the
Human Resources Manager.
Investigation - All reports of prohibited conduct will be investigated promptly by management in
as confidential a manner as possible. The investigation may include individual interviews with
the parties involved and, where necessary, with individuals who may have other relevant
knowledge. All employees are required to cooperate with the investigation.
Retaliation Prohibited - Retaliation against employees who make a good faith charge or report
of prohibited conduct or who assist in a complaint investigation is prohibited. Acts of retaliation
must be reported immediately as set out above.
Responsive Action - Misconduct constituting harassment or retaliation will be dealt with
appropriately. Discipline, up to and including dismissal will be imposed upon any employee who
is found to have engaged in conduct prohibited by this policy. Likewise, disciplinary action will
be imposed in situations where claims of prohibited conduct were fabricated.
3.17 Workplace Violence
The City of La Porte has a zero tolerance policy for violence in the workplace. Workplace
Violence is defined to include, but not limited by:
• Physically aggressive, violent or threatening behavior, such as attempts to instill fear in
others or intimidation.
• Verbal or physical threats of any sort.
• Any other conduct that suggests a tendency toward violent behavior. Such behavior
includes, but is not limited to, excessive arguing, profanity, threats of sabotage to City
property, belligerent speech or a demonstrated pattern of insubordination, and refusal to
follow policies and procedures.
• Causing physical damage to City facilities or defacing City property.
• With the exception of Police Officers, carrying firearms or weapons of any type or kind
onto City premises, parking lots, or while conducting business.
If an employee becomes aware of or observes any of the above referenced behavior or actions
by a co-worker, contractor, customer , third party vendor, visitor, or any other party, he or she
should notify his/her supervisor immediately.
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All reports of violence in the City of La Porte workplace will be taken seriously and will be
investigated thoroughly and promptly. The City of La Porte will not tolerate retaliation in any
form against an employee who makes a report of workplace violence.
3.18 Weapons Policy
The City of La Porte does not allow any job applicant, employee, contractor, subcontractor,
vendor, agent or representative to possess, use, conceal, carry or maintain a weapon or
handgun in City vehicles (except for Commissioned Peace Officers and/or those approved to
carry a weapon as part of their official duties.)
3.19 Searches
The City may conduct inspections or searches of the work site, including but not limited to City
property used by employees whether secured or unsecured or secured by a lock provided by
the employee with or without prior notice. If reasonable suspicion exists, the City may also
conduct unannounced searches or inspections of the employee's personal property located on
City premises, including vehicles parked on City parking lots. The City's authority to conduct
unannounced searches is not limited to situations involving reasonable suspicion of possession
and/or use of drugs/alcohol.
Examples of City property include, but are not limited to City owned:
1.
Vehicles
2.
Workspaces
3.
Desks
4.
Lockers
5.
Machinery
6.
Computers
7.
File Cabinets
All searches must be authorized and conducted under the direction of the Human Resources
Manager with the approval of the City Manager. Employees who refuse to cooperate with a
search may be subject to disciplinary action up to and including termination.
3.20 Use of City Owned Vehicles
City -owned or leased vehicles may only be used for official City business. City owned or leased
vehicles may only be driven by authorized City employees. If an employee drives his/her own,
or a City -owned, rented or leased vehicle on the job or while carrying out City -related business,
the employee must comply with the following:
Drivers must have a valid State of Texas driver's license appropriate for the vehicle
operated, must maintain a satisfactory driving record, and must inform their supervisor of
any change in status.
• Always observe all posted laws and speed limits.
• Always wear seat belts when the vehicle is in operation.
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• All maintenance and use records for City vehicles must be completed as directed by the
employee's supervisor.
• Report any broken, missing, or worn parts, tires, etc., or any needed maintenance of City
vehicles to the appropriate supervisor immediately.
• All drivers must be eligible for coverage under the City's insurance policy.
• Drivers covered by Department of Transportation regulations must comply with them at all
times.
• At no time may an employee under the influence of alcohol or illegal drugs drive a city
vehicle or a personal vehicle while conducting city business.
• Tobacco Use Prohibited -The use of all tobacco products (including smokeless) is
prohibited while operating and/or being a passenger in City owned vehicles and/or
equipment.
• Employees involved in an accident while operating a city vehicle, or while operating a
personal vehicle on city business, must immediately notify the proper law enforcement
agency and the appropriate supervisor and/or Department Director as well as submit to a
drug/alcohol test. Accident reports, along with any law enforcement report, must be filed by
the employee with the Department Director and the Human Resources Manager.
Any employee whose driver's license is suspended for any reason shall notify his/her supervisor
and Human Resources immediately. The City may, at any time, check the driving record of a
City employee who drives as part of his/her job duties to determine that he/she maintains the
necessary qualifications as a City driver. Refer to the point system in the City of La Porte Safety
Manual to identify serious infractions. Employees agree that they will cooperate in giving the
City whatever authorization is required for this purpose.
Employees who are issued take-home vehicles must comply with the City's Take -Home Vehicle
Policy.
The above is not a complete and exhaustive list of vehicle use policies. Violations of any of
the specific items listed, or improper, careless, negligent, destructive, or unsafe use or operation
of a vehicle, may result in disciplinary action, up to and including termination of employment.
3.21 Use of City Equipment/Property
Employees are responsible for items formally issued to them by the City, as well as for items
otherwise in their possession or control or used by them in the performance of their duties. At
the time of issuance, employees will be required to sign certain forms or other documentation
evidencing their receipt of property and/or equipment and authorizing a payroll deduction for the
cost of loss, damaged, or unreturned items. In addition to payroll deductions, the City may take
any other action it deems appropriate or necessary to recover and/or protect its property.
The City 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
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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)
3.22 Cell Phone Usage
The City recognizes that many employees have cell phones that they bring to work. Cell phones
may belong to the employee or be provided for the employee's use by the City. Employees are
not permitted to use cell phones while driving a City owned/leased vehicle. The use of cell
phones, including those with a camera, at work must not interfere with job duties or
performance. Employees must not allow cell phone use to become disruptive or interfere with
their own or a co-worker's ability to do their jobs. Employees who use cell phones to violate City
policy, including the City's Sexual and Other Unlawful Harassment Policy, will be subject to
disciplinary action, up to and including discharge.
3.23 Internet Usage
The City provides Internet access, email, telephones, voice mail, and fax communication
systems for use by City employees in the performance of their job duties. These
communication devices are referred to collectively in this policy as "electronic communications
systems" or "systems." These electronic communications systems are designed to support and
enhance the communication, research and information capabilities of City employees and to
encourage work-related communication and sharing of information resources within the City.
This policy governs user behavior pertaining to access and usage of the City's electronic
communications systems. This policy applies to all City employees, contractors, volunteers and
other affiliates who use the City's electronic communications systems. The City's electronic
communications systems access must be used in a professional, responsible, efficient, ethical
and legal manner. All correspondence is subject to the Public Information Act.
Internet, Instant Message and email access - Users desiring email access must obtain written
permission from their Department Director. Users must acknowledge an understanding of this
policy and its guidelines as a condition of receiving an email access account. Failure to adhere
to this policy and its guidelines may result in suspending or revoking the offender's privilege of
access and/or other disciplinary action under City policies, up to and including termination of
employment.
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Unacceptable Uses of Electronic Communications Systems include:
• Using profanity, obscenity, or other language which may be offensive or harassing to
other coworkers or third parties.
• Accessing, displaying, downloading, or distributing sexually explicit material.
• Accessing, displaying, downloading or distributing profane, obscene, harassing,
offensive or unprofessional messages or content.
• Copying or downloading commercial software in violation of copyright law.
• Using the systems for financial gain or for any commercial activity unrelated to City
business.
• Using the systems in such a manner as to create a security breach of the City network.
• Looking or applying for work or business opportunities other than for internal City
postings.
• Accessing any site, or creating or forwarding messages with derogatory, inflammatory,
or otherwise unwelcome remarks or content regarding race, religion, color, sex, national
origin, age, disability, physical attributes, or sexual preferences.
• Transmitting or sharing information regarding a coworker's health status without his/her
permission
• Expressing opinions or personal views that could be misconstrued as being those of the
City.
• Expressing opinions or personal views regarding management of the City of other
political views
• Using the electronic communication systems for any illegal purpose or in any way that
violates City policy or is contrary to the City's best interest.
Filtering. The City uses software to filter Internet and instant message content for all
employees. These filters are designed to prevent the viewing, sending, or any of the following
types of content:
• Violence/Profanity
• Full or partial nudity
• Sexual or deviant acts
• Satanic/Cult
• Militant/Extremist
• Illegal activities
The City will review this filtering on a periodic basis and may modify this list of prohibited content
without notification to City employees, contractors, volunteers or other affiliates. The City
Manager (or designee) may grant exceptions and exemptions to Internet and instant messaging
filtering only after a review of the requested information has been conducted and a
determination that the City's current filtering practice impedes the requestor's ability to perform
his/her job duties.
Responsibility -The person in whose name a City provided Internet, email or other electronic
communications system account is issued is responsible at all times for its proper use,
regardless of the user's location. Exchanges that occur in the course of conducting City
business on the City's electronic communications systems will be considered a communication
of the City and held to the same standards as formal letters.
No Riaht of Privacy/Monitoring - Users of City electronic communications systems may not
assume they are provided any degree of anonymity and employees have no right to privacy with
regard to such systems. Personal passwords are not an assurance of confidentiality. The
Internet itself is not secure. To ensure proper use of its electronic communications systems, the
City will monitor their use. Management staff has the ability and will, with or without advance
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notice, monitor and view usage, including but not limited to: employee email, voice mail and
instant messages, information and material transmitted, received or stored using City systems
and user Internet access and usage patterns to assure that the City's Internet resources are
devoted to maintaining the highest levels of productivity, as well as proper use and compliance
with this policy.
Copyright Restriction. Any software or other material, including music, downloaded into a City
computer may be used only in ways consistent with the licenses and copyrights of the vendor,
author or owner of the material. Prior written authorization from the Director of MIS is required
before introducing any software into the City's computer system. Employees may not download
entertainment software, games or any other software unrelated to their work.
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CHAPTER FOUR
CITY OF LA PORTE
DRUG AND ALCOHOL ABUSE POLICY
Adopted by City of La Porte — June, 1990
Revised March 01, 2005
4.01 Purpose
This policy outlines the goals and objectives of the City's drug and alcohol testing program and
provides guidance to supervisors and employees concerning their responsibilities for carrying
out the program.
Under this policy, employees as well as contractors who provide employee services to the City
will be required to provide employees who are free of the influences of drugs and alcohol.
Contractors must have a policy designed to eliminate drug and alcohol abuse and its effects in
the workplace.
4.02 Scope
This policy applies to all City officials and employees, including part-time and
seasonal employees, in all departments, including the police department;
contract employees in designated positions; reserve police and fire volunteers;
and all job applicants for public safety, safety -sensitive, and security sensitive
positions.
All employees who hold a commercial driver's license and are required to
operate commercial motor vehicles for the City as part of their employment,
including applicants for positions requiring the operation of commercial motor
vehicles (as the term commercial motor vehicle is defined under Title 49 C.F.R.
Part 382) are subject to the U.S. Department of Transportation substance abuse
testing procedures promulgated under Title 49 C.F.R. Part 40, Title 49 C.F.R.
Part 382, and the City of La Porte Commercial Motor Vehicle Substance Abuse
Policy.
4.03 Policy
The City of La Porte (the City) has a vital interest in maintaining a safe, healthful, and efficient
working environment. Being under the influence of a drug and/or alcohol on the job poses
serious safety and health risks to the user and to all those who work with the user. The use,
sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use,
possession, or being under the influence of alcohol also poses unacceptable risks for the safe,
healthful, and efficient operations of the City.
• The City believes it has the right and obligation to maintain a safe, healthful, and efficient
workplace for all of its employees, and to protect the City's property, information,
equipment, operations and reputation.
• The City recognizes its obligations to its citizens for the provision of services that are
free of the influence of illegal drugs and alcohol and will endeavor through this policy to
provide drug and alcohol -free services.
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• The City further expresses its intent through this policy to comply with Federal and State
rules, regulations, or laws that relate to the maintenance of a workplace free from illegal
drugs and alcohol.
• The City recognizes that its employees are a valuable resource and wants to assist any
employee who voluntarily comes forward and requests assistance with chemical
dependency or alcoholism.
• The City strongly urges employees affected by drug and/or alcohol use or dependency
to voluntarily seek confidential assistance through the City's Employee Assistance
Program. The City supports employees using a City -approved assistance program (per
contract arrangements), and other City -approved rehabilitation services, which may be
at the employee's expense, to achieve restoration of health.
The City will assist employees who voluntarily seek help, but will be firm in disciplining
employees who violate this policy.
Manufacturing, distributing, dispensing, possessing or using drugs and/or alcohol will
not be tolerated on City premises or while performing City business.
4.04 Education
Supervisors and other management personnel are to be trained in:
a) Detecting the signs and behavior of employees who may be using drugs
and/or alcohol in violation of this policy.
b) Intervening in situations that may involve violations of this policy.
C) Recognizing the above activities as a direct job responsibility.
Employees and designated contract employees are to be informed of:
a) The health and safety dangers associated with drug and alcohol use.
b) The provisions of this policy.
4.05 Prohibited Activities
Illegal Drugs and Alcohol
a) The use, sale, purchase, transfer, or possession of an illegal drug and/or
alcohol by any employee during the course and scope of employment is
prohibited, provided however; this does not prohibit consumption of
alcohol on City premises by off-duty employees when served under
permit.
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Legal Drugs
a) It will be the responsibility of any employee using a potentially impairing
legal drug, required for medical treatment or therapy, to inquire of their
physician as to the effect that such a drug may have upon the employee's
ability to perform his or her job functions.
Prior to the performance of City business, the employee must report to
their supervisor the use of any legal drug that has been determined by the
employee's physician to be potentially impairing. The supervisor who is
so informed will contact the City's Human Resources Manager for
guidance.
b) The undisclosed use of any potentially impairing legal drug by any
employee while performing City business or while on City premises is
prohibited.
However, an employee may continue to work, even though using a
potentially impairing legal drug if City management has determined, after
consulting with the City's contracted health officials, that such use does
not pose a threat to safety and that the using employee's job performance
will not be significantly affected. Otherwise, the employee may be
required to utilize the Family Medical Leave Act (FMLA), take a leave of
absence, or comply with other appropriate action as determined by City
management.
C) The City at all times reserves the right to judge the effect that a potentially
impairing legal drug may have upon work performance and to restrict the
using employee's work activity or presence at the workplace accordingly.
4.06 Discipline
• Any employee who possesses or uses illegal drugs on City premises or while on
City business will be subject to discipline up to and including discharge without
benefit of re -hire, or disbarment from the workplace. The City also reserves the
right to report any violation of this policy to applicable law enforcement agencies.
• Any employee who is found to be in possession of drug paraphernalia or other
contraband items in violation of this policy will be subject to discipline up to and
including discharge without benefit of re -hire, or disbarment from the workplace.
The City also reserves the right to report any violation of this policy to applicable
law enforcement agencies.
• Any employee who distributes, sells, attempts to sell, attempts to purchase, or
transfers illegal drugs on City premises or while on City business will be subject
to discipline up to and including discharge without benefit of re -hire, or
disbarment from the workplace. The City also reserves the right to report any
violation of this policy to applicable law enforcement agencies.
• Any employee who is found through drug testing to have in his or her body
system a detectable amount of an illegal drug will be subject to discipline up to
and including discharge without benefit of re -hire, or disbarment from the
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workplace. The City also reserves the right to report any violation of this policy to
applicable law enforcement agencies.
Any employee who is convicted of a drug-related felony crime, whether
committed on or off duty, will be subject to discipline up to and including
discharge without benefit of re -hire, or disbarment from the workplace.
Any employee who is found to be in possession of or under the influence of
alcohol in violation of this policy will be subject to discipline up to and including
discharge without benefit of re -hire, or disbarment from the workplace. The City
also reserves the right to report any violation of this policy to applicable law
enforcement agencies.
Any employee who is found through alcohol testing by the designated City drug
and alcohol administration & testing vendor, to have in his or her body system a
volume of alcohol which indicates a .02 breath alcohol concentration or greater
will be subject to discipline up to and including discharge without benefit of re-
hire, or disbarment from the workplace. The City also reserves the right to report
any violation of this policy to applicable law enforcement agencies.
4.07 Drug and Alcohol Testing of Job Applicants
• All applicants who are offered employment in public safety, safety -sensitive, or
security sensitive positions will be subject to the requirement to pass a drug and/ or
alcohol test as part of the City's post job offer screening process.
An applicant for employment in a public safety, safety -sensitive, or security sensitive
position will be notified of the City's drug and alcohol testing policy prior to being
tested; will be informed in writing of their right to refuse to undergo such testing; will
be informed that the consequence of refusal is termination of the post job offer
screening process, and will be informed that they will not be considered for
employment.
• If an applicant who has been extended a conditional offer of employment in a public
safety, safety -sensitive or security sensitive position refuses to take a drug and / or
alcohol test, or if evidence of the use of illegal drugs and/or alcohol by an applicant is
discovered, either through testing or other means, the post job offer screening
process will be terminated, and the applicant will not be considered for employment.
4.08 Testing of Employees and Contract Employees
• The City will notify employees and designated contract employees of this policy
by providing to each employee / individual a copy of the policy, announcing the
policy in various written communications, and making presentations at employee
meetings and other suitable forums
W.
The City may perform drug and/or alcohol testing:
a) Of any employee who manifests behavior giving probable cause to City
officials to believe that the employee is unable to satisfactorily perform his
or her job functions due to drug or alcohol induced impairment.
b) Of any employee who is directly involved in an accident which results in
property damage or personal injury. An employee who is directly involved
in an accident is any employee whose order, action, or failure to act gives
probable cause to City officials to believe that such order, action or failure
to act was the result of drug or alcohol induced impairment.
C) Of any employee employed in a position that requires a Commercial
Drivers License, public safety, safety sensitive, or security sensitive
position on a random basis. Random selection will be performed through
an unbiased computer-generated process operated by a third -party
contractor.
d) Of any employee who is enrolled in or who has completed a City -
approved rehabilitation program. The frequency of such rehabilitation
testing will not be less than once per month and the length of the testing
program for the employee may extend up to sixty (60) months, based on
a decision by a SAP (Substance Abuse Professional).
The City will conduct random drug and alcohol testing of a designated
percentage of all employees employed in public safety, safety -sensitive, and
security sensitive positions at a frequency determined by City management.
• An employee's consent to submit to drug or alcohol testing for public safety,
safety -sensitive and security sensitive positions is required as a condition of
continued employment and the employee's refusal to consent may result in
disciplinary action, up to and including discharge without benefit of re -hire, or
disbarment from the workplace.
• An employee who is tested based on the manifestation of behavior giving City
officials probable cause to believe the he or she is unable to satisfactorily
perform his or her job functions due to drug or alcohol induced impairment may
be suspended pending receipt of written test results and whatever inquiries may
be required.
4.09 Appeal of a Drug or Alcohol Test Result
An employee whose drug or alcohol test is reported positive will be offered the
opportunity of a meeting with the Medical Review Officer provided by the City
drug and alcohol administration & testing vendor, to offer an explanation. The
purpose of the meeting will be to determine if there is any reason that a positive
finding could have resulted from some cause other than drug and/or alcohol use.
The City will require an MRO (Medical Review Officer) to determine a final
decision.
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An employee whose drug and/or alcohol test is confirmed as positive will be
offered the opportunity to obtain an independent test, at the employee's expense,
of the non -tested split sample portion of the original urine specimen that yielded
the positive result, at an alternative SAMSHA certified lab (Substance Abuse and
Mental Health Services Administration, under the Department of Health and
Human Services).
During the period of an appeal and any resulting inquiries, the employment status
of an individual may be suspended. An employee who is suspended pending
appeal will be suspended without regular pay but will be permitted to use any
available sick or vacation leave in order to remain in an active pay status. If the
employee has no available sick or vacation leave or chooses not to use it, the
suspension will be without pay.
• If an employee's appeal is upheld, the employee will be reinstated with back pay
and will be reimbursed for any independent drug testing costs that may have
been incurred incident to the appeal. No results or reference to the test or
appeal will be maintained in the employee's personnel file.
4.10 Employee Assistance
Rehabilitative assistance may be granted to an employee who requests such assistance
provided that the employee:
a) has not received notification to report for drug and/or alcohol testing
authorized by this policy, prior to the request;
b) has not been identified as a violator nor is under investigation for a
violation of this policy; and
C) has agreed to enter and complete a City -approved rehabilitation program.
Rehabilitative assistance may also be granted in lieu of discharge to an employee who
has been found to be in violation of this policy provided that the:
a) The policy violation does not involve selling or distributing drugs or
serious misconduct related to drugs; and
b) The employee has agreed to enter and complete a City -approved
rehabilitation program.
• An employee who has met the qualifications for rehabilitative assistance will be
given the opportunity to enter into a City -approved rehabilitation program.
Failure to enter the rehabilitation program or to complete the program according
to the prescribed program schedule is grounds for discipline up to and including
discharge without benefit of re -hire, or disbarment from the workplace.
• Participation in the rehabilitation program will be during times that will not conflict
with the employee's work time, except that the employee shall be required to use
any available sick leave or annual leave to be absent from the job with pay. The
all
City may place the employee on FMLA (Family Medical Leave Act) during any
absences from the job.
Assistance given by the City will be limited to:
a) medical benefits that may be available in the employee's medical benefits
plan.
b) rehabilitation programs that have been pre -approved by the City.
C) The City will provide to any employee, upon request and at no cost to the
Employee, information concerning local resources that are available for
the diagnosis and treatment of drug and /or alcohol related problems.
4.11 Inspections and Searches
• The City may conduct unannounced general inspections and searches for drugs
and/or alcohol on City premises or in City vehicles or equipment wherever
located. Employees are expected to cooperate.
A search of an employee and his or her personal property may be made when
there is probable cause to conclude that the employee suffers from drug or
alcohol induced impairment or is otherwise in violation of this policy. A search of
an employee's personal property may include the examination of personal
vehicles on City property, lockers, purses, lunch boxes, clothing and other items
in the personal control of the employee. The searching technique may be aided
by drug detection dogs.
• An employee's consent to a search based on probable cause, made of that
individual's personal property, is required as a condition of continued
employment and the employee's refusal to consent may be subject to discipline
up to and including discharge without benefit of re -hire, or disbarment from the
workplace.
• Illegal drugs, drugs believed to be illegal, and drug paraphernalia found on City
property will be turned over to appropriate law enforcement authorities and full
cooperation given to any subsequent investigation. Substances which cannot be
identified as an illegal drug by a layman's examination will be turned over to a
forensic laboratory for scientific analysis.
• Other forms of contraband, such as firearms, explosives, and lethal weapons will
be subject to seizure during an inspection or search. An employee who is found
to possess contraband on City property or while on City business will be subject
to discipline up to and including discharge without benefit of re -hire, or
disbarment from the workplace.
• If an employee is the subject of a drug-related investigation by the City or by a
law enforcement agency, the employee may be suspended witheut pay pending
completion of the investigation.
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4.12 Confidentiality
• All information relating to drug or alcohol testing or the identification of persons as
users of drugs and/or alcohol will be protected by the City as confidential unless
otherwise required by law, overriding public health and safety concerns, or
authorized in writing by the persons in question.
4.13 Definitions
Alcohol means any beverage that contains ethyl alcohol (ethanol), including but not limited to
beer, wine and distilled spirits.
City premises or City facilities means all property of the City including, but not limited to, the
offices, facilities and surrounding areas on City -owned or leased property, parking lots, and
storage areas. The term also includes City -owned or leased vehicles and equipment wherever
located.
Contraband means any article, the possession of which on City premises or while on City
business, causes an employee / individual to be in violation of a City work rule or law.
Contraband includes illegal drugs, drug paraphernalia, alcoholic beverages, firearms,
explosives, lethal weapons.
Contract emplovee in a designated position means a person who performs public safety,
safety -sensitive, and security sensitive duties.
Drug testing means the scientific analysis of urine, blood, breath, saliva, hair, tissue, and other
specimens of the human body for the purpose of detecting the presence of an illegal drug.
Alcohol testing means an analytical procedure to determine whether an employee may have a
prohibited concentration of alcohol in a breath or saliva specimen.
Employee Assistance Program (EAP) means any program provided by the City to assist
employees in dealing with personal problems that, among other things, may involve drug abuse
and/or alcohol misuse that affect job performance.
Illegal drug means any drug which is not legally obtainable; any drug which is legally
obtainable but has not been legally obtained; any prescribed drug not legally obtained; any
prescribed drug not being used for the prescribed purpose; any over-the-counter drug being
used at a dosage level different than recommended by the manufacturer or being used for a
purpose other than intended by the manufacturer; and any drug being used for a purpose not in
accordance with bona fide medical therapy. Examples of illegal drugs include but are not
limited to: inhalants (per TML -IRP), cannabis substances, such as marijuana and hashish,
cocaine, heroin, phencyclidine (PCP), and so-called designer drugs and look-alike drugs.
Intoxication means having a blood alcohol concentration of 0.08 or more; or, not having the
normal use of one's mental or physical faculties, resulting from the voluntary introduction into
the body of an alcoholic beverage, a controlled substance, a dangerous drug, an abusable glue
or aerosol paint or similar substance, the use of which is regulated under the law.
Legal drug means any prescribed drug or over -the counter drug, which has been legally
obtained, and is being used for the purpose for which prescribed or manufactured.
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Probable cause means a belief based on objective facts sufficient to lead a prudent person to
conclude that a particular employee is unable to satisfactorily perform his or her job functions
due to drug and/or alcohol impairment. Such inability to perform job functions may include, but
is not limited to, decreases in the quality or quantity of the employee's productivity, judgment,
reasoning, concentration and psychomotor control, and marked changes in behavior.
Public safety position means a position in the police and fire departments (including
emergency medical services personnel) having a substantially significant degree of
responsibility for the safety of the public where the unsafe performance of an employee could
result in the death or injury to self or others, including but not limited to all sworn personnel,
emergency communication clerks, police clerks working within the dispatch section, supervisory
positions, firefighter/paramedic, dispatchers, mechanics, fire apparatus engineers, fire
investigators and fire inspectors.
Safety -sensitive position means a position having a substantially significant degree of
responsibility for the safe operation of motor vehicles, motor carrier service, or heavy equipment
and machinery, where the unsafe performance of an incumbent could result in death or injury to
self or others. Safety -sensitive positions requiring the operation of commercial motor vehicles,
as defined under 49 C.F.R. Part 382, are subject to the City of La Porte Commercial Motor
Vehicle Substance Abuse Policy.
Security -sensitive duties means a position handling or having access to money, negotiable
instruments, sensitive information and similar assets that require a high degree of protection.
Under the influence means a condition in which a person is affected by the use of a drug
and/or alcohol in any detectable manner. The symptoms of influence are not confined to those
consistent with misbehavior, nor to obvious impairment of physical or mental ability, such as
slurred speech or difficulty in maintaining balance. A determination of being under the influence
can be established by a professional opinion, a scientifically valid test, such as, blood, or breath
analysis
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CHAPTER FIVE
DISCIPLINE PROCESS
5.01 General Provisions
It is an objective of the City of La Porte to maintain an effective and productive work force in
order to deliver quality services. Each employee is responsible for performing their job in a
safe, productive and effective way and within the instructions and standards established by their
supervisor. In addition, employees are expected to maintain acceptable standards of conduct in
their employment. Supervisors are charged with assisting employees in correcting
unsatisfactory performance and unsatisfactory conduct through disciplinary procedures up to
and including termination.
When taking disciplinary action, the City will adhere to the following general guidelines:
Employees will be treated fairly and equitable. Action will be taken in an objective and
professional manner and shall not be based on the personal feelings of the individual
administering the disciplinary action.
The decision to take disciplinary action shall be based on a careful assessment of the
circumstances of each case. Factors to consider in the assessment are the prior
disciplinary record of the employee, and the potential effect of the violation on other
personnel and/or the City organization.
• All disciplinary action shall be documented and forwarded to the employee's personnel
file.
5.02 Basis for 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
12. Moral Turpitude
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5.03 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 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 Director's 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.
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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.
5. Involuntary Demotion - An employee may, with Department Director approval, be
demoted to a position in a lower salary range. 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.
5.04 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.
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CHAPTER SIX
EMPLOYEE COMPLAINTS AND APPEAL PROCESS
6.01 Right to Appeal
Any employee of the City of La Porte, who believes they have been improperly or unfairly
treated in their work relationship with the City, shall have the right to file an appeal within 5
working days. Employees are encouraged to use the following appeal procedure and will not be
discouraged from submitting an appeal.
6.02 Oral Discussion
The City believes employee concerns are best addressed through open communication.
Employees must follow the chain of command with these discussions. 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. The process will continue through the chain
of command.
6.03 Appeal Procedure
Following these discussions, employees remaining dissatisfied may submit a written complaint
to their immediate supervisor, with a copy to Human Resources, within 5 working days.
It is the responsibility of the immediate supervisor to study the complaint and attempt to resolve
it within 5 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
5 -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 within 5 working days of the decision. 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 appeal to the City
Manager within 5 working days of the department's final 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. Within five (5) days of receiving the appeal, the City
Manager shall meet with the employee to discuss the grievance and decide what action, if any,
to take regarding the appeal and notify the employee in writing of the decision. The decision of
the City Manager, regarding any action on the grievance, is final.
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.
6.04 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.
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CHAPTER SEVEN
ATTENDANCE AND LEAVE POLICY
7.01 Attendance and Work Hours
Regular Work Hours -
An employee's normal workweek shall be defined based on their assigned position.
For employees assigned a 9/80 schedule, the workweek will commence at noon on Friday and
end on the following Friday at noon. Employees on this schedule will work 7:30 am — 5:30 pm
Monday — Thursday and 8:00 am — 5:00 pm on Friday with alternating Fridays off, and consist of
40 hours per work week.
For employees assigned a standard 40 hour work week, the normal work week shall begin on
midnight Sunday and end at midnight on the following Sunday, consisting of 40 hours per
workweek. The actual work schedule shall be assigned by the employee's supervisor.
Non exempt Fire personnel work a 24-hour shift based on a 28 -day, 212 hour work cycle.
In times of disaster or emergency, working hours shall be determined by the City Manager.
Adjustment to Work Hours- In order to assure the continuity of City services, it may be
necessary for Department Directors to establish other operating hours for their departments.
Work hours and work shifts must be arranged to provide continuous service to the public.
Meal Periods- Full-time employees (excluding most Emergency personnel) are provided a one-
hour unpaid meal period near the middle of the workday. Meal periods may be staggered by
the Department Director in order to minimize departmental interruption.
Attendance and Punctuality- To maintain a safe and productive work environment, the City
expects employees to be reliable and punctual in reporting to work. Absenteeism and tardiness
may lead to disciplinary action, up to and including termination of employment. In the instance
an employee cannot avoid being late to work or is unable to work as scheduled, the employee
must personally notify his/her supervisor as soon as possible of the anticipated tardiness or
absence in accordance with Departmental procedures.
0.
7.02 Excused Absence
In order for the absence to be considered excused, an employee will 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 will be required to submit said medical statement if absence exceeded 2
consecutive workdays.
3. When the employee's return to work will pose a direct threat to the safety or health of
others.
4. When an employee is under the physical report status provision of the sick leave policy.
When the absence occurred on a regularly scheduled workday preceding or following a holiday
or regularly scheduled vacation day the employee may be required to submit a doctor or
hospital statement verifying an illness or accident.
7.03 Unexcused Absence
Unexcused absences are 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 or as determined by departmental policy.
5. Job Abandonment
An employee who fails to properly notify his/her supervisor in advance of an absence or tardy
will be subject to disciplinary action up to and including termination of employment. An
employee who fails to notify the City of an absence of three days or more will be presumed to
have voluntarily resigned his/her employment.
7.04 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.
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7.05 Inclement Weather
Employees should not assume the City Offices or operations are closed during inclement
weather. We are a service operation and as such we are obligated to the citizens to perform our
duties. In the event of conditions such as freezing, flooding, etc., employee safety will be
considered. If an employee believes it is unsafe to drive, that employee must contact their
supervisor and notify him/her that they do not feel safe to drive. The employee will not be paid
for the day of missed work.
In the event of natural disasters or emergencies that require evacuation (such as hurricanes,
chemical releases or other major disasters) employees must refer to their department policy
pertaining to emergency procedures and additionally call the Employee Hotline.
7.06 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
July 4
First Monday in September
Fourth Thursday & Friday in November
December 24
December 25
Designated by Employee (2 Days)
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.
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 their regular rate of pay for hours worked.
Official City holidays shall be considered the same number of hours as an employee's regular
workday.
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7.07 Vacation
An employee may not use any accrued vacation leave until he/she has successfully completed
his/her initial employment introductory period, unless all accrued sick leave has been
exhausted. Regular part-time, temporary, and seasonal employees do not earn vacation leave.
Use and Scheduling of Vacation Leave — Vacation leave is a benefit intended to provide
employees with paid time away from the work environment to pursue activities that will promote
the well being of the individual. Vacation leave may also be used for purposes of attending to
personal business, extension of sick leave when sick leave is exhausted, inability to get to work
because of inclement weather, or for other purposes, and may be taken in hourly increments.
Employees must schedule their vacation leave in accordance with their Department's
guidelines.
Maximum Accruals — The maximum accrual for vacation leave is 1.5 times the employee's
annual accrual rate.
Compensation for Vacation Leave- Vacation is paid at the employee's base rate at the time of
vacation. It does not include overtime or any special forms of compensation. Vacation time is
paid only for hours the employee would ordinarily have worked. Employees will not be paid for
any unused vacation, except upon separation of employment.
Upon termination, retirement or resignation an employee shall be paid for accrued vacation
leave up to a maximum of 1.5 times their annual accrual rate at the rate of pay the employee
was receiving at the time of separation. Only employees who have successfully completed one
(1) year of employment with the City are entitled to this payout provision upon separation. Upon
the death of an employee, vacation leave will be paid to the estate of the employee.
Vacation leave is accrued as follows:
Emplovees whose reaularly scheduled workweek is 40 hours -
Years of Service
Hours Accrued
Per Pay Period
Vacation Leave
Per Year
0-4
3.08
80 hours
5-9
4.62
120 hours
10-14
6.16
160 hours
15+
7.70
200 hours
Employees whose regularly scheduled workday is 24 Hours and who were hired on or
after October 1. 1984:
Years of Service
Hours Accrued
Per Pay Period
Vacation Leave
Per Year
0-4
4.62
120 hours
5-9
7.39
192 hours
10-14
9.24
240 hours
15+
12.00
312 hours
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7.08 Sick Leave
Sick leave is paid time away from work due to an employee's bona fide illness or injury that
prevents him/her from working. Employees who are unable to work due to illness or injury or
other situations covered by this policy must immediately notify the appropriate supervisor in
accordance with the procedures adopted by their Department.
Eligibility — All full-time employees begin accruing paid sick leave on their date of hire. Part-
time, temporary and seasonal employees do not accrue sick leave. Eligible employees may use
accrued sick leave only if approved by their supervisor and/or Department Director.
Accrual Rate:
Full -Time 8 Hour Employees
Sick leave for regular full-time employees shall accrue at the rate of 3.70 hours per pay period,
which amounts to 1 day for each full month employed in a calendar year, totaling 12 working
days to a full-time employee's credit each 12 months.
Full -Time 24 Hour Shift Personnel
Sick leave for 24-hour shift personnel shall accrue at a rate of 5.91 hours per pay period.
Civil Service Employees
Civil Service employees shall accrue sick leave at the rate of 15 days per calendar year in
accordance with the provisions of Chapter 143 of the Texas Local Government Code.
Maximum Accrual —The maximum sick leave time which may be accumulated by any
employee shall be 90 days (720 hours) for regular full-time employees. For 24-hour shift
personnel, the maximum accrual is 1,152 hours. Civil Service employees may accrue unlimited
sick leave.
Authorized Use of Sick Leave
For the emplovee — Accrued sick leave may be used for absences due to the
employee's bona fide personal illness, accident, injury that prevents him/her from
working, or birth of a child (if the employee physically gave birth; otherwise use of sick
leave for child birth falls under the section below).
For the employee's immediate family — Up to twelve (12) days of annual accrued sick
leave will be allowed for absences when the employee is needed to care for a member
of his or her immediate family who is ill or injured. For purposes of this policy,
"immediate family" is defined as a dependent of the employee.
Physical Report Status — Sick leave exceeding 40 hours in any 6 -month period may cause an
employee to be placed on physical report status. Employees under this status are 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 will remain in effect for 6 months from the date of the action.
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Minimum Increments — Sick leave must be taken in minimum increments of one hour
Failure to Report Absence/ Abuse of Sick Leave — Supervisors are expected to closely
monitor use of sick leave. It is anticipated that employees using paid City sick time for their own
illness/injury or that of a family member will use their sick leave time to recuperate or care for
their family member. Trips to the doctor or hospital stays/visits, which take the employee away
from the home, are acceptable, but other personal pursuits during paid sick leave will be
considered an abuse of this policy. Abuse of sick leave, including use of sick leave for anything
other than an illness, injury, or doctor/dentist appointment as provided for in this policy, may
result in immediate disciplinary action, up to and including termination of employment, and may
also render the employee ineligible for paid sick leave benefits. Similarly, employees who fail to
timely report an absence or tardiness due to illness, injury, or doctor/dentist appointment may
be disqualified from using sick leave for their absence.
Documentation — Employees must present satisfactory proof of illness/injury that prevents
him/her from working whenever the employee uses sick leave for 3 or more consecutive work
days, and at any other time if requested by the City. An employee may also be required to
present satisfactory proof of family relationship and/or satisfactory proof of a family member's
illness, injury, and/or doctor/dentist appointment if the employee wishes to use accrued sick
leave to care for a family member. If the employee fails to present such proof in a timely
manner, use of sick leave will be disallowed and no other paid leave may be used for the
absence. Abuse of sick leave may result in discipline up to and including termination of
employment.
Family and Medical Leave Act Leave — Sick leave exceeding 14 days must be in
accordance with FMLA leave. Any absence that qualifies for both Family and Medical Leave
Act leave and sick leave will follow the guidelines set out in this policy, and will typically be
counted as both.
7.09 Family Medical Leave Act
The City of La Porte offers FMLA leave pursuant to the provisions of the Family and Medical
Leave Act of 1993. Under FMLA, eligible employees may take up to 12 weeks of unpaid leave
each year for specified family and medical reasons.
Emolovee Eliaibilitv
To be eligible for FMLA leave, an employee must have worked for the City of La Porte
• For at least 12, and
• For at least 1,250 hours in the last 12 -months preceding the start of the leave.
FMLA Leave Runs Concurrently With Other Types of Leave
If an employee has any available accrued sick leave or vacation leave, it must be used
concurrently with any available FMLA leave, provided the employee's absence is covered by the
City's sick leave policy. FMLA leave will also run concurrently with any time off from work
covered by workers' compensation.
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Leave Entitlement
Eligible employees may take FMLA leave for one or more of the following reasons:
1. The birth or placement of a child for adoption or foster care;
2. To care for a spouse, child, or parent with a serious health condition; or
3. Because of your own serious health condition which renders you unable to perform the
functions of your position.
To determine eligibility for leave, the City uses a rolling 12 -month period measured backward
from the date of any FMLA leave
Employee's Notice Requirements
In order for the City to accommodate an employee's workload during his/her absence, an
employee seeking to take FMLA leave must provide both his/her Department Director and the
Human Resources Manager with at least 30 days advance notice when the leave is
foreseeable. If the leave is not foreseeable, an employee is expected to provide both his/her
Department Director and the Human Resources Manager with as much advance notice as
possible or in the case of catastrophic incidents notice is required soon thereafter. In the event
of medical leave for planned medical treatment for the employee or for the employee's spouse,
child or parent, the employee is required to make a reasonable effort to schedule the treatment
so as not to unduly disrupt the City's operations.
All supervisors must immediately notify both their Department Director and the Human
Resources Manager if they have reason to believe an employee's absence is due to an FMLA-
covered reason.
Medical Certification and Other Required Documentation — An employee must provide the
City with a medical certification supporting the need for FMLA leave due to a serious health
condition affecting the employee or the employee's spouse, child or parent. The certification
must set forth the beginning and expected ending dates of the leave. In the case of intermittent
leave, the certification must also provide the dates and duration of the treatments necessitating
the intermittent leave. Forms are available from the Human Resources Department. Once
FMLA leave is requested, the employee will be required to submit medical certification
information later than 15 days after the date the leave is requested. Failure to provide
requested medical certification in a timely manner may result in denial of leave until it is
provided.
If FMLA leave is taken because of the employee's own serious health condition, 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
Upon completion of FMLA, the employee will be required to submit a "fitness -for -duty"
certification before the employee can return to work.
o 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,
CE!
mutually agreeable, health care provider to conduct an examination and provide
a final and binding opinion.
If an employee elects to take FMLA leave in order to care for a family member, the employee
may be required to provide reasonable documentation confirming a family relationship.
Intermittent Leave — An eligible employee may take FMLA leave on an intermittent or reduced
schedule basis only if "medically necessary," or otherwise approved by the Department Director.
When intermittent leave is needed, the employee must try to schedule the leave so as not to
unduly disrupt the Department's operations. The City may temporarily transfer the employee to
an alternative position (with equivalent pay and benefits) in order to better accommodate an
employee's intermittent or reduced leave schedule. When an employee is absent due to
intermittent leave, upon their return to work, the employee must provide medical certification so
the absence can be recorded as a qualified FMLA absence. The employee will not be allowed
to return to work without providing the medical certification.
Benefits During FMLA Leave — During any period of FMLA leave, the City will continue to pay
its portion, if any, of any group health insurance coverage for the employee on the same terms
as if the employee had continued to work.
Job Restoration After FMLA Leave — Upon return from FMLA leave, an employee will be
restored to his/ her original job or to an equivalent job with equivalent pay, benefits, and other
terms and conditions.
7.10 Workers' Compensation
Personnel injured on the job shall be eligible for leave with pay for up to seven (7) days. These
days may not be charged against the employee's sick leave. Employees injured on the job may
be eligible for workers' compensation on the eighth (8) day of injury leave upon certification of a
physician that the employee is not able to fulfill his/her job duties.
Personnel may return to a position with the City when a physician certifies that the employee is
able to fulfill their job duties and return to work.
7.11 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.
7.12 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.
A Leave of Absence Without Pay will not be authorized unless there is a reasonable expectation
that the employee will return to employment with the City at the end of the approved leave
period.
45
Use of All Other Available Leave — All paid leave authorized under FMLA must be used prior
to authorizing Leave Without Pay to an employee. If the Leave Without Pay is due to the
employee's own illness or injury, all sick leave must also be used prior to authorizing Leave
Without Pay.
Documentation — Requests for leave without pay must be made in writing to the employee's
Department Director as far in advance as possible prior to the requested leave date. Requests
for an extension of leave must also be in writing and submitted to the Department Director, who
will forward the request to the City Manager's office and the Human Resources Manager. The
need for a leave without pay must be supported by documentation acceptable to the City. The
Department Director and/or City Manager may require that the employee on leave periodically
contact a designated supervisor to report on his/her condition or status. Before returning to
work from a medical leave without pay, the employee may be required to submit a letter from his
or her doctor stating that the employee is able to resume his or her normal job duties.
Revocation — The City Manager may revoke authorized leave without pay at any time. Failure
to return to work after the expiration of an authorized leave without pay or failure to provide
required status reports, physician's statements, or to contact the City per the required schedule
will likely result in disciplinary action up to and including termination.
7.13 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
7.14 Jury Duty
The City provides paid leave to regular full-time employees required to serve on jury duty or
requested to testify as a witness by the City in a City -related civil, criminal, legislative, or
administrative proceeding.
The employee must provide documentation of the requirement for jury duty, subpoena
compliance, etc., with his/her leave request. Employees must submit supporting documentation
to their supervisor as soon as possible so that arrangements can be made to accommodate the
absence.
Employees on jury duty leave should keep up with their job responsibilities if possible. An
employee who is on jury duty typically must report for City duty for the remainder of the day
upon completion of court or jury service, or request approval for use of other available paid time
off. Any payment for jury duty received by the employee may be retained by the employee.
EN
Jury duty leave is paid at the employee's base rate at the time of leave and does not include
overtime or any other special forms of compensation.
7.15 Military Leave
The City complies with all state and federal laws relating to employees in reserve or active
military service and does not discriminate against employees who serve in the military.
Temporary employees who have brief or non -recurrent positions with the City and who have no
reasonable expectation that their employment with the City will continue indefinitely or for a
significant period of time are generally ineligible for extended paid military leave in excess of 15
days, reemployment rights, or any other military leave benefits under this policy.
This policy covers employees who serve in the uniformed services in a voluntary or involuntary
basis, including active duty, active duty for training, initial active duty for training, inactive duty
training, and full-time National Guard duty.
Notice to City of Need for Leave
Employees must provide as much advance written or verbal notice to the City as possible for all
military duty (unless giving notice is impossible, unreasonable, or precluded by military
necessity). Absent unusual circumstances, such notice must be given to the City no later than
48 hours after the employee receives the military orders. An employee should provide notice as
far in advance as is reasonable under the circumstances. To be eligible for paid military leave,
employees must complete and submit the official documents setting forth the purpose of the
leave, and if known, its duration.
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)
Benefits
The City will continue to provide employees on paid military leave with most City benefits at the
employee's cost.
Medical and Dental — While an employee is on paid military leave (or any military leave of
less than 31 days), the City will continue to pay its portion of the monthly premium for group
health benefits.
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Upon an employee's return to employment following military service, the City will provide
health insurance coverage immediately, even if a waiting period is normally required for new
or returning employees. In addition, a returning employee will not be subjected to exclusions
from coverage unless the exclusions apply to injuries or conditions that were incurred as a
result of military service.
Other Benefits — While on paid military leave, employees continue to accrue vacation, sick
leave and other benefits provided to other employees on paid leave. The City will also
continue to pay the premium for any City -provided life insurance while the employee is on
paid military leave.
TMRS — Typically, an employee's period of uniformed service is deemed to constitute service
for purposes of vesting and benefit accrual. Thus, employees earn service credit for time
spent on active duty military leave. Service time is credited when an employee returns to
work. To qualify for service credit, an employee must: return to work for the City within 90
days after discharge; receive an honorable discharge; and timely complete the necessary
application. In order to receive monetary credit, an employee has the lesser of 5 years or 3
times the length of the military service to make up any TMRS contributions that were missed
while on military leave.
Returning from Leave -
Reemployment Rights — Employees who complete their military service will be re-
employed in accordance with federal law.
Deadline to Notify City of Intent to Return to Work — The deadline for an employee to
return to work and/or notify the City that he/she intends to return to work following
military leave depends upon how long the employee's military service lasted:
A) For service of less than 31 days, employees have 8 hours following their
return home from service to report for their next scheduled work period.
B) For service between 31 days and 180 days, employees have 14 days
following their release from service to apply for reemployment.
For service of more than 180 days, employees have 90 days following their release from
service to apply for reemployment.
These deadlines may be extended for 2 years or more when an employee suffers
service -related injuries that prevents him/her from applying for reemployment or when
circumstances beyond the employee's control make reporting within the time limits
impossible or unreasonable.
Required Documentation — To qualify to return to work, an employee returning from
leave must provide documentation of the length and character of his/her military service.
Also, evidence of discharge or release under honorable conditions must be submitted to
the City if the military leave lasted more than 31 calendar days.
ER
CHAPTER EIGHT
EMPLOYEE WAGE AND BENEFITS
8.01 Position Classifications
All City positions are classified as either exempt or nonexempt, and paid in accordance with the
Fair Labor Standards Act.
8.02 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.
8.03 Method of Payment
City of La Porte employees are paid on a bi-weekly basis through direct deposit or pay cards
only. Check stubs are issued to Departments on Fridays.
If a payday falls on a holiday, check stubs will be issued the last business day prior to the
holiday.
8.04 Benefits Eligibility
All regular full-time employees are eligible to receive the full scope and level of benefits offered
by the City.
Temporary employees, part-time or emergency temporary appointments, are not eligible to
receive any benefits other than workers' compensation coverage.
8.05 Texas Municipal Retirement System
All employees will be enrolled as a member of the Texas Municipal Retirement System.
Members will deposit by payroll deduction, seven (7%) of their gross salary. The City will match
the deposit on a 2 to 1 ratio.
If an employee leaves the service of the City, they may withdraw the deposits they have made,
plus interest earned on those deposits. The deposits made by the City cannot be withdrawn
unless the employee is eligible for retirement.
Members may also be responsible for paying taxes on the amount withdrawn and should
communicate with Texas Municipal Retirement System in regards to possible taxation of
withdrawn deposits.
Employees will become vested after ten (10) years of employment. Vesting means that
employees who terminate their employment with the City after ten (10) years and do not
withdraw their deposits, will be entitled to retirement annuities, based on deposits and interest
earned at sixty (60) years of age or twenty (20) years of service.
Employees should contact Human Resources for further information on preparing for retirement
. •
8.06 Retiree Medical Benefits
The following persons are eligible for retiree medical coverage:
• Present retirees of the City of La Porte receiving retirement annuities as a qualified
annuitant under the Texas Municipal Retirement System
• Who have retired in accordance with the City of La Porte Employee Policies Handbook;
and were employed by the City of La Porte at the time of their retirement.
• Retirees re-employed after retirement from the City of La Porte that have employer
sponsored health care coverage available through the new employer may not continue
health coverage with the City of La Porte, except for those with 30 years or more
tenure with the City of La Porte.
If an employee works 30 years or more with the City of La Porte they may maintain the City of
La Porte sponsored health plan as secondary, while working for a new employer offering a
health plan option. All applicable costs of the plan will still apply. In the case of Retirees that are
reemployed by a new employer, and who subsequently separates employment from the new
employer, a one time deferral shall be allowed whereby the retiree may rejoin the City of La
Porte health plan as a retiree participant, regardless of age. If a qualifying retiree carried a
spouse as a dependent at the time of their initial retirement, a retiree who rejoins the City of La
Porte health plan as a retiree participant under the one time deferral may include their spouse
as a dependent, consistent with allowances made under Federal COBRA law. Retirees who are
self-employed are eligible for medical coverage, but occupational illnesses or injuries shall not
be covered. Annual contributions by retirees to the health plan will be based on the total cost
per employee of the plan to the City.
City employees who retire from City of La Porte employment on or after January 01,
2006 and
o who have a combination of years of service with the City of La Porte, plus age,
totaling 80; and
o who retire as a qualified annuitant under the Texas Municipal Retirement
System; who retire in accordance with the City of La Porte Employee Policies
Handbook; who complete at least 20 years of service with the City of La Porte,
and are currently employed by the City of La Porte at the time of their retirement.
All applicable costs of the Plan will still apply. For those retirees who are self-
employed, occupational illnesses or injuries shall not be covered. Annual
contributions by retirees to the health plan will be based on a cost schedule
determined by years of service, as established under Section 5, "Premiums", of
this chapter.
City employees meeting the eligibility requirements for
disability retirement under the Texas Municipal Retirement System Act and
have been declared permanently disabled under the Social Security Act, and have
elected to receive Medicare, Parts A and B, shall be eligible for medical benefits, which
shall be secondary to Medicare benefits, provided they have worked for the City of La
Porte for ten (10) continuous years at the time of disability determination. Costs
associated with retirement under this tier shall be 75% of the city cost.
The retiree and dependent coverage will be primary for those participants not yet qualified for
Medicare. The coverage will be secondary for those retirees and retirees' dependents who are
50
Medicare eligible. The Retiree and dependent coverage will be secondary for Retirees with 30
or more years tenure with the City of La Porte, who have employer sponsored health coverage
available through their new employer, or for retirees reemployed with the City of La Porte, as
hereinabove provided.
If a covered retiree dies, dependents may continue coverage until the earlier of the date the
surviving spouse remarries, obtains group insurance, or becomes entitled to Medicare, or until
any unmarried children financially dependent upon the covered retiree is 25 years of age.
Surviving dependents shall pay the appropriate contribution toward dependent coverage as
established in this chapter.
Retirees who work for another employer offering health coverage shall not be eligible for retiree
health coverage from the City after their subsequent employment ends, regardless of the length
of service with the subsequent employer.
Retirees who delay their retirement annuity shall not be eligible for retiree health coverage from
the City.
Premiums: The City of La Porte utilizes a self-funded medical plan so there are no formal
premiums paid for health coverage. Each year, during the budget process, an amount is
determined for each employee to cover claims and administration of the medical fund.
The Total Plan Cost is the Total annual dollar allocated each year by budget as approved by
City Council for the City of La Porte for Health Insurance for each employee, including employee
and employer contributions.
Costs to the retiree, retiring on or after January 01, 2006, shall be based on a cost schedule
determined by years of service, outlined below. Under this schedule, a retiree pays a
percentage of the city's contribution to the plan participant's health coverage, based on years of
service, but pays the entire cost of dependent coverage, regardless of years of service.
As mandated by Texas Local Government Code Chapter 175, City employees meeting eligibility
requirements under the Texas Municipal Retirement System Act to receive retirement benefits,
may, regardless of age or years of service with the City, purchase at their own expense, the
combined City and employee cost of continued health benefits coverage for the employee and
the employee's dependents, unless the employee is eligible for group health benefits coverage
through another employer. To purchase continued health benefits coverage the employee must
inform the City of their election not later than the day on which the employee retires from the
City. A person who elects to purchase continued coverage who subsequently discontinues
coverage, is no longer eligible for coverage; likewise, a dependent for whom coverage is
discontinued is no longer eligible for continued coverage. A person who was not covered under
the employee's plan at the time of retirement is not eligible for continued coverage. The City
may substitute Medicare supplemental health benefits coverage as the coverage provided to a
retiree under this section, including a dependent, after the date the retiree becomes eligible for
federal Medicare benefits.
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Eligible dependents include:
Your lawful spouse who is legally married to and living with you;
natural children; stepchildren; children who, before reaching the age of 18, are either
adopted by you;
Or other children for whom you have care, custody and control under court decree.
A dependent child must be unmarried and rely on you for primary support and maintenance.
Dependent children remain eligible until age 25 as long as they are enrolled as a full-time
student.
Retirees may not add dependents once retired. There are no qualifying events to add
dependents. Dependents may be dropped by written request at any time.
Retirees shall pay all required contributions to the City by the 15th of the month of coverage.
One annual statement will be mailed to retirees for selection of payment plan: annual, bi-annual,
quarterly or monthly. Failure to pay the required contribution will result in termination of the
member's participation in the City of La Porte sponsored health plan. Payment delayed beyond
60 days will initiate COBRA notification for continuation of health coverage once the member is
terminated from the Plan.
Years of Service
Percentage Retiree Pays
20
60% of the Total Plan Cost + dependent coverage
21
55% of the Total Plan Cost + dependent coverage
22
50% of the Total Plan Cost + dependent coverage
23
45% of the Total Plan Cost + dependent coverage
24
40% of the Total Plan Cost + dependent coverage
25
35% of the Total Plan Cost + dependent coverage
26
30% of the Total Plan Cost + dependent coverage
27
25% of the Total Plan Cost + dependent coverage
28
20% of the Total Plan Cost + dependent coverage
29
15% of the Total Plan Cost + dependent coverage
30
10% of the Total Plan Cost + dependent coverage
52
8.07 Short -Term Disability
Employees are eligible to participate in short term disability coverage through the City of La
Porte. This coverage provides employees compensation of 60% of their pre -disability earnings
in the event of an injury or illness lasting up to 90 days. Premiums are paid through payroll
deduction.
8.08 Long -Term Disability
All employees who have worked at least 6 complete months with the City are covered by a long-
term disability insurance policy. This insurance policy provides for 60% of your monthly salary
beginning on the 91St day of a serious illness or injury up to the age of 65. The premiums for
this policy are paid by the City.
8.09 Workers' Compensation Insurance Program
All employees of the City of La Porte are covered by Workers' Compensation Insurance. This
insurance may cover any employee who suffers an on-the-job injury; however, the employee
must use an approved doctor. For further information, please contact the Human Resources
Department.
8.10 Uniforms
At the will of the City, and if financially feasible, the City may furnish uniforms or provide
allowances for employees who must wear uniforms in the performance of their duties.
8.11 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. This policy is in compliance with the Fair Labor Standards Act
(FLSA) in administering overtime pay.
When possible, advance notification of mandatory overtime assignments will be provided.
Overtime assignments will be distributed as equitably as practical to all non-exempt employees
qualified to perform the required work. Refusal or other failure to work mandatory overtime may
result in disciplinary action up to and including termination of employment. Overtime work is
otherwise subject to the same attendance policies as straight time work. Non-exempt
employees who work overtime without receiving proper authorization may be subject to
disciplinary action, up to and including possible termination of employment.
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 scheduled 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. Scheduled overtime pay will be
calculated and employees compensated for hours worked over 212 at the conclusion of the 28-
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day cycle or every other payday. For 24 hour firefighter shift personnel unscheduled overtime
shall be calculated on hours worked over the employee's regular scheduled shift in a twenty
eight day cycle.
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. Jury duty
2. Military Leave (as defined in the Military Leave Policy)
3. Vacation Leave
The following leaves shall not be considered as hours worked in the calculation of overtime:
1. Administrative leave with pay
2. Administrative leave without pay
3. Sick Leave
4. Holiday Leave (see below)
Holiday Leave
Calculation of overtime pay for 8 hour personnel will not include Holiday Pay, unless the
employee actually works the Holiday Leave day or is called in on scheduled time off during the
course of the Holiday week. If the employee is not scheduled to work on the holiday, the
employee will only be paid straight time for the Holiday. Any hours that are not considered time
worked used during this period will still effect the calculation of overtime within the week (see
example #4)
Examples:
1.
M T W Th F Sa Su
= 48 hours total; 40 hours straight time and 8 hrs at
8 8 8 8 8 0 0 time on one-half.
H
The employee is scheduled to work on the Holiday, and will receive Holiday Pay and time and
one-half for working the Holiday.
2.
M T W Th F Sa Su
= 44 hours total; 40 hours straight time and 4 hours
H 8 8 8 8 4 0 at time and one-half.
The employee was not scheduled to work the Holiday, but worked 4 hours of unscheduled time
on Saturday, and will receive time and one-half for working overtime during the Holiday week.
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3.
M T W Th F Sa Su
H 8 8 8 8 8 0 = 48 hours of all straight time
The employee was scheduled to work Tuesday through Saturday and was not scheduled to
work the Holiday, and will receive 8 hours of Holiday Pay at straight time.
4.
M T W Th F Sa Su
= 52 hours (44 hours straight time + 8 hours time
8 8 8 8 8 8 0 and one-half)
H Sick
The employee was scheduled to work the Holiday, but also had sick time within the week.
Since the employee worked the holiday, the 8 hours worked on the holiday is overtime, but the
unscheduled time worked on Saturday, will be straight time because of the sick time on
Tuesday.
8.12 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
8.13 Longevity Pay
Longevity pay is a benefit provided by the City to regular full time employees. It is based on the
length of continuous service of regular full-time employees with the City. On the first of
December each year all regular full-time employees who have completed one full year of
service with the City, will be paid this benefit. The benefit is calculated based on the number of
months of continuous service, not to exceed 300 months, at the rate established by the City
Council.
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8.14 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:
• Only regular full-time employees are eligible
• Employees must attend courses during off-duty hours and will not be compensated for
their course work as hours worked
• The City will reimburse the employee's cost of tuition, lab fees and building uses fees up
to a maximum of 17 semester hours annually at an accredited university. The employee
must receive a passing grade of C or above in order to receive reimbursement. The City
will not reimburse more than $3,500 annually per employee under this policy.
• 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.
• 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.
8.15 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.
8.16 Bilingual Certification Pay
The City of La Porte provides additional compensation to qualifying employees who
demonstrate the required verbal fluency in a foreign language through a testing process.
Eligible Employees — eligible employees are those regular full-time and part-time employees
assigned to positions for which a foreign language is desirable in order to better serve citizens.
Excluded Employees — employees excluded are those for which being bilingual is a requirement
based on their job description, as it is assumed that the base pay for such positions
compensates for that and other required skills. The City Manager, Assistant City Manager and
Department Directors are also excluded for bilingual certification pay.
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Procedure
Employees believing they qualify for bilingual pay should request a Bilingual Pay request Form.
The form is available in the Human Resources Department.
If an employee receiving bilingual pay is promoted, transferred or demoted to a position where
the language skill is not needed, voluntarily withdraws from the bilingual pay program, or fails to
pass the required recertification tests, the employee's current department director will be
responsible for issuing a Status Change Form to discontinue the bilingual certification pay.
Human Resources will notify Department Directors when certification tests are due for
participating employees.
Certification Testin
Human Resources will coordinate all testing procedures with the selected outside vendor
agency. Employees must use the City's approved vendor for testing.
The City will pay for one language proficiency test process per eligible employee per year. A
year is defined as a rolling 12 -month period.
Employees must demonstrate abilities for verbal and/or written language fluency on a certified
test conducted by the approved outside vendor agency. Employees who pass language fluency
tests will be required to re -test every four (4) years at the city's expense.
Employees who fail to pass the initial requalification test will be provided one additional
opportunity to retest within 30 days at the employee's expense to retain the language pay.
Employees who fail to pass after the second attempt will forfeit any further monthly incentive
pay. Employees who fail to take a test at the scheduled date and time will be required to pay
the cost of the missed test.
Bilingual Pay
The city pays $50 per month for verbal proficiency. An employee proficient in verbal skills can
earn an additional $25 per month by passing the reading and/or writing test. The city will not
pay in excess of $75 per month under this policy.
8.17 Emergency Pay Policy
When an emergency impacts City employees' work schedules and status during emergency
conditions and a "state of emergency" has been declared by the Mayor, the City Manager may
grant emergency administrative leave with pay before 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
Employee Policies Handbook that may be in conflict with this section, not inconsistent with the
City of La Porte Charter or state law.
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Scone
This practice applies to all non-exempt and exempt employees, and includes civil service
personnel.
Declaration of Emeraencv
Notification of State of Emergency: When a state of emergency is imminent or has been
declared, the City Manager or designee will notify all employees through department directors or
managers of such declaration.
Emer-gency 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 and the City Manager declares an emergency is imminent.
Emergency 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 and ends as declared by the City Manager.
For hurricane or storm related emergencies, the emergency period may include up to 36 hours
prior to the storm's impact and up to 36 hours following the storms impact.
Post Impact/Recovery 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 the emergency period has concluded.
Emergency Administrative Leave/General Provisions
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 administrative leave pursuant to this policy.
This leave will start when the employee is dismissed by his/her Department Director and will
continue until the City Manager declares that it is safe for all employees to return to work.
Employee Responsibilities
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.) had been or is approved.
Emolovees Safety
The City of La Porte recognizes that all "Essential" employees have personal and family
responsibilities that may conflict with the obligation to fulfill their job requirements during
hazardous weather or state of local emergency. When evacuation of personal residences is
required, employees will be permitted and expected to make arrangements for their families like
any other citizen, including the use of authorized shelters. Employees who are not able to
W
return to work due to unavoidable or unsafe conditions related to the emergency (for 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 impassable roadways, etc.) must contact their
department director or designated supervisor as soon as possible and utilize appropriate leave
time. 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 personnel shall be advised of their
status as of January 1St each year. Individual employee status may change, as the needs of the
City change during the civil emergency, or at the discretion of the Department director.
Emergency Non -Essential
After a needs assessment is made, some employees 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 policy.
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
employees. All City employees 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
department or function is responsible for identifying those employees 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 or on authorized leave. 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.
Emergency 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 Federal Law. This includes employees of one
department serving in an emergency capacity for any other department or function as assigned.
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Compensation for Hours Worked During a Declared State of Emeraencv
1. 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.
2. Non -Exempt Personnel: During the pre -impact and post -impact periods, essential, non-
exempt emergency personnel will be compensated at one and one half times their
normal hourly rate for hours worked. During the emergency period, essential, non-
exempt emergency personnel will be compensated at 2 times their normal hourly rate for
the duration of the emergency period.
3. Emergency Personnel: During the pre -impact, emergency and post -impact emergency
periods, essential, exempt emergency personnel will receive up to 40 hours of
compensatory time for the first 40 hours worked. Thereafter, essential, exempt
emergency personnel will be compensated at one and one half times their hourly rate of
pay computed as if the employee was not paid on a salary basis through the duration of
the emergency. If an employee fails to take the compensatory time off within the
specified time period then the employee forfeits the unused compensatory time off,
unless failure to use the compensatory time off is due to a (1) separation of employment
(2) placement in a leave without pay status (3) to perform service in the uniformed
services or (4) because of an on-the-job injury with entitlement to injury compensation at
which time the employee will be paid at one and one-half times their hourly rate for the
amount of compensatory time the employee has left.
4. 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 during any of the
three periods will continue to be charged for such leave. All other policies concerning
remuneration shall comply with the City of La Porte's Employee Policies Handbook and
the Fair Labor Standard Act.
At the director's discretion, previously approved leave, may be cancelled when a state of
emergency is imminent or declared.
.E
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Pre-Impact Period
Emergency Period
Post Impact/Recovery
Period
This is the time period prior
to the impending disaster.
This period includes
This is the time period during
This is the time period during
which emergency response
which activities are
emergency response
preparation activities and
activities and restoration of
conducted to restore the
preventive measures by
critical services are conducted
City's infrastructure and
the City of La Porte
to protect life and property,
P P P rty,
services to pre-disaster
Summary of
departments in preparing
and most other regular City
conditions, and some city
Emergency Pay
for the impending
services are suspended.
services may be suspended.
Provisions
emergency.
Starts — City Activates
Starts — City Manager
EOC and the City Manager
Starts — As declared by City
declares all clear.
declares an emergency is
Manager
End — As declared by
imminent.
Ends — City manager declares
Department Heads in
Ends — As declared by
all clear.
consultation with City
City Manager
Manager.
For Persons Designated as Essential:
Non Exempt - 1.5x for all
scheduled hours
Non Exempt — 2x for all
Non Exempt —1.5x hours
How do you pay for
Exempt — Compensatory
scheduled hours
worked
each period?
time for first 40 hours
Exempt —1.5x for all hours
Exempt —1.5x for all hours
worked
over 40
over 40
How do you pay if on
pre-approved leave?
Continue to charge leave
Continue to charge leave
Continue to charge leave
How do you pay if on
a regular day off?
No extra pay
No extra pay
No extra pay
When do you require
Must take paid leave or
the employee to use
leave without pay
Administrative Leave
Administrative Leave
leave?
For Persons Not Designated as Essential:
Non Exempt - 1.5x for all
Non Exempt — 2x for all
Non Exempt —1.5x hours
How do you pay for
scheduled hours
scheduled hours
worked
each period?
Exempt — Compensation
Exempt — 1.5x for all hours
Exempt — 1.5x for all hours
time up to 40 hours
over 40
over 40
How do you pay if on
pre-approved leave?
Continue to charge leave
Continue to charge leave
Continue to charge leave
g
How do you pay if on
a regular day off?
No extra pay
No extra pay
No extra pay
When do you require
the employee to use
Must take paid leave or
leave without pay
Administrative Leave
Administrative Leave
leave?
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CHAPTER NINE
EMPLOYEE SAFETY
9.01 General Safety
The City of La Porte desires to provide a safe working environment for its employees. To
accomplish this, the City will provide all reasonable safeguards to ensure safe working
conditions. The City recognizes the need to follow good safety principles, and therefore,
believes that no job is so important and no order is so urgent that we cannot take time to
perform our work safely. The cooperation of all City employees in observing safety rules and
procedures will provide safe working conditions and accident free performance, which will
benefit both the employees and the citizens of La Porte.
9.02 Job Injuries
An employee must immediately notify his/her supervisor of any on the job injury. Failure to
notify the supervisor is grounds for disciplinary action. The supervisor shall notify the Human
Resources Manager immediately.
The supervisor shall complete an Incident Report and submit it to the Human Resources Office
within two (2) days of the incident.
9.03 Hazard Reporting
It is the responsibility of each employee to identify dangerous and hazardous conditions in and
around their work area and report them to their supervisor, so that corrective action can be
taken.
9.04 Incidents and Claims
Employees must immediately notify his/her supervisor of any incident or claim involving the City
of La Porte. The supervisor shall notify the Department Director and the Human Resources
Manager immediately.
The supervisor shall complete an Incident Report and submit it to the Human Resources
Department within two (2) days.
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CHAPTER TEN
TERMINATION OF EMPLOYMENT
10.01 Voluntary Terminations
Resignation
Employees voluntarily terminate their employment with the City when they:
• Resign either verbally or in writing
Fail to report to work without notice to the City for 3 consecutive workdays unless the
employee's absence is excused.
Inability to Perform Job
It is the responsibility of each employee to maintain the standards of physical and mental health
fitness required for performing the essential functions of his or her position, either with or without
reasonable accommodation.
• Serious Health Condition/Disabilities - The City recognizes that employees with a
potentially life-threatening and/or infectious illness or physical and/or mental disabilities
may wish to continue to engage in as many of their normal pursuits as their condition
allows, including their employment. As long as the employee is able to perform the
essential functions of their job, with or without a reasonable accommodation, without
creating an undue hardship, and medical evidence indicates that their condition is not a
direct threat to themselves or others, the City will treat them consistently with other
employees.
Medical Exams for Current Employees - With the approval of the City Manager, a
Department Director may require that a current employee undergo a medical and/or
psychological examination, at the City's expense, to fitness for continued employment;
as may be necessary in order for the City to provide a reasonable accommodation;
following an injury or accident; and as otherwise permitted in accordance with the
Americans with Disabilities Act.
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, with or without reasonable accommodation.
Termination Due to Reorganization or Economics
The City may need to terminate employees due to reorganization, job elimination, budget
constraints, or lack of work. The City will attempt to provide advance notice of such
terminations.
Terminations due to reorganization, job elimination, budget constraints, or lack of work are not
disciplinary terminations and are not subject to procedures applicable to disciplinary
terminations.
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10.02 Exit Interview
The Human Resources Department will conduct an exit interview for all employees terminating
employment with the City. The purpose of the exit interview is to complete the employee's file
by listing the reason for separation and ensure that all issued equipment owned by the City is
returned. All final paychecks may be picked up at the Human Resources Department.
10.03 Separation Pay
Employees who terminate employment with the City in addition to receiving pay for hours
worked will also receive payment for accrued benefits in accordance with Article 5155 of the
Revised Civil Statutes of Texas. The employee will be paid at a rate based upon their final
hourly pay rate.
Non -Civil Service Employees
Vacation
Regular full-time employees who have at least one year of service with City are eligible to
receive their accumulated vacation leave, not to exceed the maximum accrual of 1.5 times their
annual rate.
Sick
Regular full-time employees hired on or after February 1, 2008 employed at least 10 years with
the City will be eligible to receive unused sick leave, not to exceed 480 hours from Sick Bank 1.
Employees who were hired prior to February 1, 2008 will receive any accrued sick leave from
Sick Bank 2 and/or Sick Bank 3, but must be employed at least 10 years with the City to receive
accrued sick leave from Sick Bank 1.
Non -Civil Service 24 Hour Employees
Vacation
Regular full-time employees who have at least one year of service with the City are eligible to
receive their accumulated vacation leave, not to exceed the maximum accrual of 1.5 times their
annual rate.
Sick
Regular full-time employees hired on or after February 1, 2008 employed at least 10 years with
the City will be eligible to receive unused sick leave, not to exceed 768 hours from Sick Bank 1.
Employees who were hired prior to February 1, 2008 will receive any accrued sick leave from
Sick Bank 2 and/or Sick Bank 3, but must be employed at least 10 years with the City to receive
accrued sick leave from Sick Bank 1.
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Civil Service Employees
Vacation
Regular full-time civil service employees who have at least one year of service with the City are
eligible to receive their accumulated vacation leave, not to exceed the maximum accrual of 1.5
times their annual rate.
Sick
Regular full-time civil service employees will be eligible to receive unused sick, not to exceed
720 hours.
Longevity
A regular full-time employee employed at least 1 year, will receive on their final check a
longevity accrual equal to the completed months of service with the City for the year.
Retirement Deduction
All final checks must have the TMRS deduction in accordance with TMRS regulations.
City Property
Any employee who does not return City issued property, or owes a balance for other items on a
re -payment plan to the City, will have the cost/balance deducted from their final paycheck.
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GLOSSARY
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
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
CHAIN OF COMMAND — the line of authority for which directions are given and for which
complaints should be filed.
CONFIDENTIAL EMPLOYEE INFORMATION — Employee records, documents, pay
documents, etc. that are maintained by the City that will not be released without proper required
documentation
CONTRACT EMPLOYEE — Employees, who are not employees of the City, but work for the
City, through a signed agreement.
DEMOTION — A demotion is the assignment of employees from their current grade level to a
grade level having a lower maximum salary
DISCIPLINARY ACTION — Any process taken to correct inappropriate employee behavior
ranging from verbal reprimand up to and including termination
FULL TIME EMPLOYEE — An employee who regularly works 40 hours per week and is eligible
for a full benefits package.
HOLIDAY PAY — A set number of paid holidays each year, approved by the City Manager
IMMEDIATE FAMILY — is defined as a dependent of the employee
INCENTIVE PAY — Payment provided to employees as motivation to complete a task.
MORAL TURPITUDE - conduct that is considered contrary to reasonable standards of justice,
honesty, or good morals.
NEPOTISM — Family relationships to the employee based upon consanguinity (blood relatives)
or affinity (relatives through marriage)
PART TIME EMPLOYEE — is an employee who works less than 40 hours during a work week
and is not eligible to receive the full scope and level of benefits.
PAY FOR PERFORMANCE (PFP) DATE — The date employees are eligible for Pay for
Performance Increases.
PHYSICAL REPORT STATUS — The status an employee is placed on following the use of 5
sick days or the equivalent number of hours within a 6 -month period.
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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
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
SUPERVISORY PAY — Pay provided to an employee who is temporarily acting as a supervisor
in the absence of a supervisor.
SUSPENSION — A disciplinary action in which the employee is restricted from working and
receiving pay for a specified period of time
TEMPORARY/SEASONAL EMPLOYEE — Non -permanent employees hired for a specified
period of time
UNEXCUSED ABSENCE - When an employee fails to report for work or to remain at work
without proper notification, authorization, or excuse
VOLUNTARY RESIGNATION — takes place when an employee of his or her own accord
chooses to cease his or her employment with the City.
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