2016 Spencer Handbook

1/22/2019

2016 Spencer Handbook - Google Docs

CITY OF SPENCER

EMPLOYEE HANDBOOK

Revised Janaury 22, 2018

https://docs.google.com/document/d/1HvL1PqH9_qYX0X98Sb5VutDJVS8riOYBSvm51e9zrPI/edit#

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TABLE OF CONTENTS

TABLE OF CONTENTS INTRODUCTION CITY MANAGER SUPERVISION AT-WILL DISCLAIMER CODE OF ETHICS DEFINITIONS

Tier 1 Employee Tier 2 Employee Tier 3 Employee Exempt Employee Non-exempt Employee Domestic Partners

EMPLOYMENT EQUAL EMPLOYMENT OPPORTUNITY SENIORITY PROBATION PERIOD JOB POSTING AND FILLING VACANCIES Job Posting Procedures

Transfers Promotion REDUCTION IN WORKFORCE VETERANS PREFERENCE POST-OFFER, PRE-EMPLOYMENT & CONTINUED EMPLOYMENT PHYSICAL ASSESSMENTS/DRUG SCREENS LIGHT DUTY

Duration of Light Duty Medical Certification Return to Work after Light Duty

MODIFIED DUTY Eligibility Duration of Modified duty Assignments Medical Certification

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Return to Work after Modified Duty

ACCOMMODATION POLICY

Reasonable Accommodation BREASTFEEDING/EXPRESSING REQUIREMENTS EMPLOYMENT OF RELATIVES EMPLOYMENT OF MINORS RE-EMPLOYMENT ANNIVERSARY DATE OUTSIDE EMPLOYMENT DUAL POSITIONS PERSONNEL RECORDS AND CONFIDENTIALITY Responsibility to Update EMPLOYEE EVALUATION RESIDENCY HOURS OF WORK AND OVERTIME Purpose Reporting for Duty Normal Work Schedules Overtime (Non-law enforcement and Fire)

Overtime Police Department Overtime Fire Department Compensatory Time Non-exempt Police officers, Dispatchers and Firefighters

Compensatory Time for Training Supervisors (Police and Dispatchers) Salaried Exempt Employees under Federal Fair Labor Standards Act Time Off During the Workweek Call Back Pay Interrupted Sleep Time TIME OFF BENEFITS

HOLIDAYS VACATION SICK LEAVE FUNERAL LEAVE

JURY DUTY / COURT LEAVE WORK COMP / INJURY LEAVE MILITARY LEAVE FAMILY AND MEDICAL LEAVE Eligibility

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Leave Entitlement Serious Health Condition Intermittent or Reduced Work Schedule Leave Notice and Certification Continuation of Pay and Benefits Job Restoration Upon Return From Leave Leave for Pregnancy Disability and to Care for Newborn LEAVES WITHOUT PAY DONATED PAID VACATION LEAVE POLICY Eligible Employees Donor Eligibility Requirements Application Other Provisions WAGE AND SALARY ADMINISTRATION WAGE COMPENSATION Annual Pay Adjustments Longevity Pay Shift Differential SALARY MATRIX PAY PERIOD REPORTING OF HOURS WORKED PAYCHECK/DIRECT DEPOSIT PAYROLL DEDUCTIONS VOLUNTEER PAYROLL DEDUCTIONS MANDATORY TRAINING ELECTIVE JOB-RELATED TRAINING, SEMINARS AND CONFERENCES ELECTIVE COLLEGE COURSE WORK BENEFITS RETIREMENT INSURANCE AND OTHER BENEFITS HEALTH INSURANCE LIFE INSURANCE WELLNESS POLICY HEALTHY LIFE PROGRAM RETIREMENT HEALTH SAVINGS PROGRAM CONTINUATION OF MEDICAL AND HOSPITALIZATION INSURANCE AFFORDABLE CARE ACT POLICY CLOTHING ALLOWANCE CITY VEHICLE USE BY EMPLOYEES 3

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SAFETY AND HEALTH GENERAL POLICY EMPLOYEE INJURIES OR WORK RELATED ILLNESSES EMERGENCY PROCEDURE Designated Physician Policy First Aid TRAINING SAFETY COMMITTEE MISCELLANEOUS TRAVEL POLICY VOLUNTEER POLICY Descriptions Volunteer Time STANDARDS OF CONDUCT HARASSMENT

Sexual Harassment Defined Other Types of Harassment Harassment Complaint Procedure

WORKPLACE VIOLENCE SMOKE FREE WORKPLACE DRUG FREE WORKPLACE POLICY TREATMENT OF CONFIDENTIAL INFORMATION POLITICAL ACTIVITY CANDIDATES FOR OFFICE PERSONAL FINANCIAL INTEREST ACCEPTANCE OF GIFTS

CONTACT WITH THE MEDIA AND OTHER THIRD PARTIES PROFESSIONAL APPEARANCE AND WORK ENVIRONMENT SOCIAL NETWORKING USE OF CITY VEHICLES AND EQUIPMENT PRIVACY ELECTRONIC MEDIA AND INTERNET

Basic Policy Procedures CELL PHONE POLICY Basic Policy

Definitions Procedures

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General Use Conditions WORK RULES AND DISCIPLINARY ACTION ISSUANCE OF WRITTEN WARNINGS

CLASS I WORK RULES CLASS II WORK RULES CLASS III WORK RULES SUBSTANCE ABUSE POLICY

Proper Application of the Policy

PROHIBITED SUBSTANCES Illegally Used Controlled Substances or Drugs Legal Drugs PROHIBITED CONDUCT Manufacture, Trafficking, Possession and Use Intoxication/Under the Influence Alcohol Use Compliance with Testing Requirements Treatment Requirements Voluntary Treatment Notice of Criminal Drug Conviction Confidentiality TESTING PROCEDURES Split Specimen Testing TESTING TYPES Pre-Employment Testing Reasonable Suspicion Testing Post-Accident Testing Random Testing Return-To-Duty Testing Follow-Up Testing EMPLOYMENT ASSESSMENT RE-ENTRY CONDITIONS DRUG AND ALCOHOL PROGRAM MANAGERS AND DESIGNATED EMPLOYER REPRESENTATIVES TESTING REQUIREMENTS BY JOB TITLE SAMPLE COMPLAINT PROCEDURE TERMINATIONS

REMOVAL OF APPOINTEES EMPLOYEE RESIGNATION

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TERMINATION EXIT INTERVIEWS FINAL PAYCHECK RETURN OF CITY PROPERTY

Acknowledgement of Receipt

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INTRODUCTION

Welcome to the City of Spencer. It is our desire that you enjoy your work and perform it to the best of your abilities. We strive to provide a pleasant working relationship and service to the citizens of the City of Spencer. Every effort has been made to convey accurate and clear information throughout this book, but no written summary can completely and without exception cover every situation that may develop. You are responsible for all information contained in this book. If you have any questions, please feel free to discuss them with your Department Head. Employees of the City of Spencer shall be covered by these policies, if approved by the governing body. The following persons shall not be covered: 1. Elected officials 2. Members of the City Boards and Commissions 3. Personnel appointed to serve without compensation 4. Any individual retained as an independent contractor 5. Employees of Spencer Municipal Utilities 6. Employees of Spencer Municipal Hospital Standard operating procedures of the City of Spencer may vary somewhat between departments. This is necessary because of various duties and hours required of some departments, and various state and federal regulations that must be followed. Each department head may establish separate policies (such as SOP’s) for the purpose of handling matters applicable to their specific department. Such policies shall not however; conflict with the policies established by the City and must be approved in advance by the City Manager. The Public Library is under the control of the Library Board. The Board has agreed to abide by the City’s personnel policy. The Spencer Library Board retains the right to have final say over any and all policies of employees both current and future. CITY MANAGER SUPERVISION The City Manager will supervise and direct the administration of the City Government. The City Manager will supervise and direct the official conduct of all officers, departments and employees of the City and formulate and recommend employment and personnel policies, compensation schedules and benefits with the approval of the Council and will direct all matters relating to collective bargaining, with the cooperation and assistance of the City Attorney.

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The Deputy City Manager shall temporarily perform the obligations and exercise the authority of the City Manager in the absence of the City Manager and at the City Manager’s Direction.

No Council Member shall attempt to direct or influence the performance of employment duties by any City employee except through consultation with the City Manager who may then consult with the appropriate Department Head. For purposes of this administrative policy “Department Head” shall be defined as follows: 1. Public Works Department. The Director of Public Works or, in his/her absence, the Public Works Assistant. 2. City Clerk’s Office. The City Clerk, or in his/her absence, the Deputy City Clerk. 3. Fire Department. The Fire Chief, or in his/her absence, the Deputy Fire Chief 4. Police Department. The Police Chief or, in his/her absence, the senior officer on duty. 5. Spencer Library. The Library Director, or in his/her absence, the Assistant Library Director. 6. Planning Department. The Planning Director. 7. Parks & Recreation Department. The Park & Recreation Director 8. Finance Department. The Finance Director. 9. Golf Department. Director of Golf Operations No Department Head shall be required or obliged to act at the direction of one or more individual Council Members if, in the judgment of the Department Head, the directed action is inappropriate, unwarranted or contrary to department or City policy. Department Heads should consult with the City Manager for clarification if needed. However, a Department Head shall be obliged to follow all directions and to comply with all motions, resolutions or ordinances validly adopted by the City Council. City Council Members shall inform the City Manager of actions by a City employee they feel should be investigated. AT-WILL DISCLAIMER You are an “at-will” employee. You may resign your employment at any time and for any reason, and the City reserves the same right to discontinue your employment at any time and for any lawful reason or for no reason at all. Nothing in this Handbook changes the at-will nature of your employment with the City. This Employee Handbook is not intended to create any contractual rights in favor of you or the City. This Handbook is not to be construed as an employment contract or as a promise that you will be employed for any specified period of time.

At-will employees are not subject to the just cause standard for discharge. Further, the terms of this Handbook do not supersede the terms of any collective bargaining agreement negotiated

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with the City’s unions. When in conflict, the terms of the collective bargaining agreements will control, except to the extent this manual is determined to reflect the requirements of federal or state law which supersede the collective bargaining agreements. Department heads shall be covered by the policies outlined in this Handbook, except for specific exceptions of these policies granted by an individual contract or agreement with the City Council, either by motion or by resolution. This Handbook is provided for informational purposes only. The policies, procedures, benefits and plans described in this Handbook may be revised by the City at any time without prior notice. The City retains the exclusive right to change, add to, eliminate or modify any of the policies in the Handbook at anytime at its discretion, with or without notice. Any promises, representations or actions by a City official or employee which are contrary to this Handbook are not the official policy of the City, and are of no force or effect. This Handbook supersedes and cancels the effect of any previous versions of this Employee Handbook. CODE OF ETHICS The City is committed to high standards of conduct by and among employees in the performance of their duties. Individual and collective adherence to high ethical standards is central to the maintenance of public trust and confidence in government. While employees may agree on the need for proper conduct, they may experience personal conflict or differing view of values or loyalties. In such cases the principles contained in this Code of Ethics provide valuable guidance in reaching decisions which are governed, ultimately, by the dictates of the individual conscience of the employee and his or her commitment to the public good. Certain of these ethical principles are best expressed as positive statements: actions which should be taken; courses which should be followed; goals which should permeate both public and private conduct. Other principles are expressed as negative statements: actions to be avoided and conduct to be condemned.

The City Code of Ethics herein applies to the day to day conduct of all employees of the City.

The ethical City employee must: 1. Promote decisions which only benefit the public interest. 2. Promote public confidence in City government. 3. Keep safe all funds and other properties of the City. 4. Perform the work of the City diligently, promptly and efficiently. 5. Maintain a positive image to pass constant public scrutiny.

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6. Evaluate decisions so that the best service or product is obtained at a minimal cost without sacrificing quality and fiscal responsibility. 7. Maintain high standards of work every day in dealings with the public, employees and associates. 8. Maintain a respectful attitude toward employees, public officials, colleagues, associates and citizens. 9. Comply with all laws, policies, rules and regulations applicable to the City. The ethical City employee must not: 1. Engage in outside interests that are not compatible with the impartial and objective performance of his or her duties. 2. Improperly influence or attempt to influence other employees to act in his/her own interest. 3. Accept anything of value from any source which is offered to, or could reasonably be expected to influence his/her action as a public employee. 4. Use any City resource for personal or private benefit or gain. The ethical City employee accepts the responsibility that his or her mission is that of servant and steward to the public. DEFINITIONS Tier 1 Employee Employees who have successfully completed a probationary period and have been retained on a full-time year-round basis, forty (40) hours per week are considered full-time. Tier 1 employees are eligible for all employee benefits offered by the City. Tier 1 positions are designated in the Personnel Policy Manual. Tier 2 Employee Tier 2 employees are employees who are normally scheduled to work an average of thirty (30) to thirty-nine (39) hours for a predetermined twelve (12) month period. Tier 2 employees are normally entitled to basic health plan coverage offered by the City. Tier 2 employees are not entitled to fringe benefits, such as sick leave, vacation, or holiday pay. Employment of new Tier 2 employees requires the approval of the City Council. *Currently Authorized is 1 employee at Park Dept.

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Tier 3 Employee Employees who work an average of no more than twenty-nine (29) hours per week or a total of not more than fifteen hundred (1,500) hours in a twelve (12) month period are Tier 3 employees. These employees are not entitled to fringe benefits, including health care, sick leave, vacation, or holiday pay. It is the policy of the City of Spencer that only authorized positions listed in the City of Spencer Personnel Policy Handbook as “Tier 1” or “Tier 2” positions will be allowed to exceed the thirty (30) hour per week average worked during the predetermined twelve (12) month period. It is the Department Head or their designee’s responsibility to monitor each employee under their jurisdiction. Exempt Employee An exempt employee is a salaried employee who is not covered by the overtime provisions of the Fair Labor Standards Act and is not eligible to receive overtime compensation in the form of time off (compensatory time) or cash. Non-exempt Employee A non-exempt employee is one who is covered by the overtime provisions of the Fair Labor Standards Act and is eligible to receive overtime compensation. Domestic Partners Domestic Partners are those individuals who meet the following criteria: ● At least eighteen (18) years old and mentally competent to consent to a contract. ● Not legally married to anyone. ● Not related by blood to a degree of closeness that would prohibit legal marriage in this state. ● Have entered into the domestic partner relationship voluntarily and without reservation. ● Are jointly responsible for each other's common welfare and shared financial obligations. ● Intend to continue the domestic partner relationship indefinitely, with the understanding that the relationship can be terminated at any time by either partner.

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EMPLOYMENT

EQUAL EMPLOYMENT OPPORTUNITY

Decisions regarding all employment terms, conditions and privileges shall be made without regard to race, creed, color, religion, sex, pregnancy, sexual orientation, gender identity, genetic information, national origin, age, disability, military or veteran status or any other characteristic protected by applicable federal, state or local law. This policy extends as well as to the use of all Employer facilities and participation in all Employer-sponsored activities as follows: 1. Recruitment, advertising and job application procedures; 2. Hiring, promotion, demotion, transfer, layoff, termination, right of return from layoff and rehiring; 3. Rates of pay or any other form of compensation and changes in compensation; 4. Job assignments, job classifications, organizational structure, position descriptions, lines of progression, and seniority lists; 5. Leaves of absence, sick leave or any other leave; 6. Fringe benefits available by virtue of employment, whether or not administered by the City; 7. Selection and financial support for training, including apprenticeships, professional meetings, conferences and other related activities and selection for leaves of absence to pursue training; 8. Activities sponsored by a covered entity including social and recreational programs; and 9. Any other term, condition or privilege of employment. Harassment, retaliation, coercion, interference or intimidation of any employee is strictly forbidden and any employee who experiences such behavior should report it immediately to his/her supervisor, Department Head or the City Manager. SENIORITY Seniority means an employee’s length of continuous full-time service with the Employer since their last date of hire. Upon satisfactory completion of the probationary period, seniority will be determined from their date of employment. Probationary employees may be terminated, demoted, laid off for any reason during their probationary period.

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An employee shall lose his/her seniority as follows;

1.

An employee resigns or is terminated.

2. An employee is laid off and fails to report to work within three (3) calendar days after having been recalled. 3. Failure to report to work at the end of a leave of absence. An employee on unpaid leave does not accumulate seniority after sixty (60) days, but does not lose seniority status; seniority resumes upon return to work. PROBATION PERIOD All new employees are hired on a six (6) months probationary period, except for law enforcement personnel. As Per State Code, Police patrol officers, who have successfully completed training at the Iowa law enforcement academy (ILEA) or another training facility certified by the director of the ILEA before the initial appointment as a police patrol officer, shall serve a probationary period for a period of nine (9) months. The probationary period shall commence with the date of initial appointment. If the police patrol officer has NOT successfully completed such certification, the period of probation shall commence with the date of initial employment and continue for a period of nine (9) months following the date of successful completion of training at the ILEA or another training facility certified by the Director of the ILEA. Dispatchers will serve a probationary period of twelve (12) months. During the probationary period, the employee shall be given a comprehensive evaluation. The intent of the evaluation is to determine the effectiveness of the new employee, to improve performance, and to determine whether or not the employee meets the City’s needs. Until the completion of the probationary period, new employees may be separated from employment with the City for any reason.

JOB POSTING AND FILLING VACANCIES

Job Posting Procedures When a vacancy occurs in a job classification in a City department that is not an appointed position, the following procedures will follow:

1. The City will evaluate the position to determine the need to re-fill.

2. The City may reassign or transfer current employees to fill the position.

3. The City will post the position internally and allow current city employees the opportunity to bid on the position as required by any collective bargaining contracts. 4. After the bidding has been completed, or if no City employee meets the requirements for the position, the City will open the position for consideration to the general public by posting and advertising the position for ten days for outside applicants. Veterans will be

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given preference as required by law. Civil Service positions are covered by Civil Service Law.

In some instances the employee posting and outside advertising may occur simultaneously.

The successful candidate will have six months to demonstrate satisfactory performance on the job. The immediate supervisor will determine whether the employee has qualified based on job performance, proper operation of equipment, adaptation and final evaluation. If the employee fails to demonstrate a satisfactory performance, the employee would return to his/her previous job if available.

In the selection of an applicant to fill the vacancy, the Employer will consider the following:

1. 2. 3. 4. 5. 6. 7.

Qualifications (Education & Experience) Ability to do the essential functions of the job Attitude, skill, ability and past performance.

Efficiency.

Disciplinary record. Length of service.

Veteran Status

The City, at all times retains the right to hire from outside the organization.

Transfers A transfer is the movement of an employee within the City to a position with the same pay range or with similar duties and job responsibilities within the City. Transfers, either voluntary or involuntary, will be granted by the Department Heads and approval of the City Manager. An employee transferred will continue to receive the same benefits and his/her anniversary date will not change. A transferred employee will serve a probationary period of sixty (60) days. Inter-departmental transfers will normally require a two (2) week notice prior to the official transfer of an employee unless otherwise agreed to by the appropriate Department Heads, and the City Manager. Promotion When an employee is promoted from one job classification to another job classification having a higher wage rate, the employee will be placed on probation for six (6) months. A regular full-time employee who vacated his/her position to accept a promotion and is rejected during the

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probationary period shall be reinstated to his/her former position with no loss of seniority or benefits if still available.

REDUCTION IN WORKFORCE If and when it becomes necessary to reduce the number of employees, consideration will be given to the needs of the Employer, employees’ qualifications, past performance, ability to perform work required, and the ability to get along with other employees and the public which they serve. Except for emergencies, such as equipment breakdown or weather, a regular employee who is to be laid off for more than one (1) week will be given a sixty (60) day notice prior to the layoff. No notice will be needed for layoffs of a shorter period caused by lack of work, equipment breakdown, weather, etc. Recall shall be in reverse order of reduction if the employee is qualified to perform the work available.

While on layoff, an employee is not eligible for holidays or any other benefits. Vacations, sick leave and seniority do not accrue during a layoff.

VETERANS PREFERENCE Any honorably discharged veteran, as defined by Iowa law, shall be entitled to preference in appointment and employment over other applicants of no greater qualifications as required by Chapter 35C of the Code of Iowa. Said qualifications may include leadership, communication, and interpersonal skills important in City government.

POST-OFFER, PRE-EMPLOYMENT & CONTINUED EMPLOYMENT PHYSICAL

ASSESSMENTS/DRUG SCREENS Some positions require a post-offer pre-employment physical assessment and/or a drug screen. After a contingent offer of employment is extended for these positions, and before placement, each candidate will be required to undergo a physical assessment and/or a drug screen performed at City's expense by the City's designated physician.

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Offers of employment, and assignment of job duties, are contingent upon satisfactory completion of the physical assessment and/or a drug screen.

It is the policy of the City of Spencer to require medical examinations as a part of its selection process or evaluation for continued employment only in the following situations:

1. After a conditional offer of employment has been extended to an applicant, and before the individual begins work for the City. Medical examinations are uniformly required to all applicants for positions within certain designated job categories; 2. Where there exists a need to determine whether an employee still is able to perform the essential functions of his or her job; 3. Periodic physical examinations to determine fitness for duty or other medical monitoring that is required by medical standards or by federal, state or local law; or 4. Medical examinations, which are part of employee health/wellness programs. The City will not use the results of a medical examination that reveals or confirms a disability to withdraw an offer of employment or discharge an employee unless the disability limits the individual in the performance of the essential functions of his or her job, and no reasonable accommodation can be made. The results of any medical examination performed by or on behalf of the City will be collected and maintained on separate forms and in separate medical files and will be treated as confidential. Medical information may be disclosed only under the following circumstances: 1. Supervisors and managers may be informed about necessary restrictions on the work or duties of the employee and any necessary accommodations; 2. First Aid and safety personnel may be informed, where appropriate, if the disability might require emergency treatment; and 3. Government officials investigating compliance with federal laws shall be provided relevant information upon request. All medical examinations will be conducted by a physician appointed by the governing body if the governing body has made such an appointment. Any employee refusing to submit to an examination when requested shall be deemed to have voluntarily resigned from City employment.

Police and Fire Departments are covered by Chapter 411 of the Code of Iowa.

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LIGHT DUTY Temporary light duty assignments may be available for employees with work-related injuries or illnesses that are covered by Workers’ Compensation. Eligibility for light duty is limited to employees for whom the assignment would be a progressive step in their return to work and the duties they perform are an asset to the City. The Employer does not guarantee the availability of light duty work. Granting of light duty is at the discretion of the Department Head. In addition, employees on light duty are not guaranteed the rate of pay they received for the position they held at the time they sustained their work-related injury or illness. The pay rate for a light-duty assignment shall be based on the knowledge, skills, and abilities required for the job, as well as general labor market conditions. Employees who return to work in light-duty positions before they have reached maximum medical improvement may be eligible for temporary partial disability benefits under Workers’ Compensation if they earn less than they earned in the position held at the time they sustained the work-related accident or illness. Employees in light-duty positions are permitted to supplement their Workers’ Compensation benefits by using accrued vacation, compensatory time, or sick leave. Duration of Light Duty Assignment of light duty tasks within an employee’s medical restrictions is intended to be for a temporary duration determined by the City. Light duty assignments will normally not exceed 12 weeks. An extension of an additional 12 weeks may be provided in exceptional circumstances where the employee is making progress towards recovery and medical opinion supports such an extension. Light duty assignments will be documented with a list of the functions assigned and the duration of the assignment. Temporary light duty assignments are not intended to become regular assignments. Medical Certification Before assigning temporary light duty, the City will require medical certification from the employee’s physician or a health care provider of the City's choosing that the employee is unable to perform his or her regular job duties within medical restrictions, and that the employee is able to perform the proposed light duty assignment within medical restrictions. At the conclusion of the light duty assignment, the City will require fitness-for-duty medical certification to determine whether the employee is able to return to his or her regular job duties. An employee with a job-related injury or illness who refuses a light duty assignment may forfeit Workers’ Compensation weekly benefits payments.

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Return to Work after Light Duty If, at the end of the temporary light duty assignment, the employee is able to perform his or her regular job duties without posing significant risk of harm to his or her health, or the safety or health of others, the employee may return to his or her regular position. If, at the end of the temporary light duty assignment, the employee is not able to perform his or her regular job duties, without posing significant risk of harm to his or her health or the health or safety of others, the City will review the employee’s medical condition and determine whether the individual is a qualified individual with a disability and whether the employee’s work restrictions can be reasonably accommodated to allow the employee to return to work. If no reasonable accommodation is available to return the employee to his or her previous position, the City will then consider transferring the employee to a vacant position for which the employee is qualified. If no such position is available, the employee may be terminated. Eligibility Temporary or modified duty assignments may be available at the discretion of the Department Director for employees with non-work-related injuries. Eligibility for modified duty is limited to employees for whom the assignment would be a progressive step in their return to work and the duties they perform are an asset to the City. An employee who refuses a modified duty assignment will be placed on Family and Medical Leave Act (FMLA) leave status, if the employee's condition qualifies as a serious health condition as defined by FMLA and the employee is eligible for leave under that policy. At that point, the City will require the employee to substitute accrued paid leave and/or compensatory time for time off as provided in its FMLA policy. If an employee refuses modified duty assignment and is not entitled to FMLA leave, the employee will be placed in an unpaid leave of absence for 6 weeks. Duration of Modified duty Assignments Assignment of modified duty tasks within an employee's medical restrictions is intended to be for a temporary duration, determined by the City Manager. Modified duty assignments will normally not exceed 6 weeks. At the end of the 6 weeks, the employee will be re-evaluated by the City-designated physician to determine if additional time on modified duty will continue to lead to progress in returning to his/her former duties. Modified duty assignments are intended to be used by employees where there is an expectation of improvement in the employee’s condition. Modified duty assignments will be documented with a list of the functions assigned MODIFIED DUTY

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and the duration of the assignment. Temporary modified duty assignments shall not become regular assignments. Employees on modified duty are expected to comply with all restrictions, such as lifting, bending etc. placed on them by the physician.

Medical Certification Before assigning temporary modified duty, the City will require medical certification, from the employee’s designated physician, that the employee is unable to perform his or her regular job duties within medical restrictions, and that the employee is able to perform the proposed modified duty assignment within medical restrictions. At the conclusion of the modified duty assignment, the City will require fitness-for-duty medical certification from the City’s designated physician to determine whether the employee is able to return to his or her regular job duties. Return to Work after Modified Duty If, at the end of the temporary modified duty assignment, the employee is able to perform his or her regular job duties without posing significant risk of harm to his or her health, or the safety or health of others, the employee may return to his or her regular position. If, at the end of the temporary modified duty assignment, the employee is not able to perform his or her regular job duties, without posing significant risk of harm to his or her health or the health or safety of others, the City will review the employee’s medical condition and determine whether the individual is a qualified individual with a disability and whether the employee’s work restrictions can be reasonably accommodated to allow the employee to return to work. If no reasonable accommodation is available to return the employee to his or her previous position, the City will then consider transferring the employee to a vacant position for which the employee is qualified. If no such position is available, the employee may be terminated. Reasonable Accommodation It is the policy of the City to comply with the provisions of the Americans with Disabilities Act. A qualified individual with a disability may request a reasonable accommodation from his/her department head. On receipt of an accommodation request, the department head will meet with the requesting individual to discuss and identify the precise limitations resulting from the disability and the potential accommodation that the City might make. The department head, City Manager and physician, counselor or other appropriate professional will determine the feasibility of the requested accommodation, considering factors, including, but not limited to, the nature and cost of the accommodation requested, the availability of outside ACCOMMODATION POLICY

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funding, the City’s overall financial resources and the accommodation’s impact on the operation of the City, including its impact on the ability of other employees to perform their duties.

The department head will inform the employee of the City’s decision on the accommodation request or on how to proceed with the accommodation. If the accommodation request is denied, the employee will be advised of their right to appeal the City’s decision to the City Council by submitting a written statement to the City Manager along with the reasons for the request. The City Council will review all employee appeals. After reviewing an employee’s appeal, the Council will notify the individual making the appeal of the City Council’s decision. The City may propose an alternative to the requested accommodation or substitute one reasonable accommodation for another, but the City retains the ultimate discretion to choose between reasonable accommodations. Employees are expected to fully cooperate in the accommodation process. The duty to cooperate includes making every effort to provide management with current medical information. Employees who do not meaningfully cooperate in the accommodation process may waive the right to accommodation. BREASTFEEDING/EXPRESSING REQUIREMENTS The City will provide a reasonable break time for an employee to express breast milk for her nursing child and each time the employee has need to express milk. The employee should contact their supervisor to make arrangements. EMPLOYMENT OF RELATIVES The City no longer allows regular full time employment of two (2) or more members of the same immediate family in the same department. Persons working with a relative and in continuous employment since the time this policy was first adopted will be excluded from this policy. For the purposes of this paragraph, Immediate Family shall be defined as parents, brothers and sisters, parents–in-law, spouse, child, grandparents, grandchildren. Relatives may be hired if he/she would fall under the direct supervision of a non-relative in a different department. Exceptions to this policy may be granted by the City Manager for part-time employees.

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EMPLOYMENT OF MINORS It is the policy of the City not to hire anyone under the age of 18 due to the nature of work performed. Based on legal requirements regarding handguns, it is the policy of the Police Department not to hire anyone under the age of 21. RE-EMPLOYMENT All former employees of the City are considered new hires and have no accumulated benefits from previous employment except as mandated by law. Transfer of an employee from one department to another department of the City shall not be considered re-employment and the employee shall retain all accumulated benefits. ANNIVERSARY DATE The employee’s anniversary date is established on the first day of full-time employment. The status of a re-employed person is that of a new employee and credit for previous service shall not be given. The anniversary date will be used to calculate sick leave, vacation, personal leave, pay step increases, and other benefits. OUTSIDE EMPLOYMENT An employee shall not become involved in any activity that impairs attendance or efficiency in the performance of their duties as an employee. An employee shall not engage in any employment, activity, or enterprise, which is inconsistent, incompatible or in conflict with duties as an employee of the City of Spencer. Employees who do become employed by other entities shall inform their supervisor in advance of accepting the position and shall provide the department with a telephone number or other information, which would allow the City to contact them in case of an emergency. DUAL POSITIONS Employees shall not be employed in more than one position with the City of Spencer if the combined positions will result in qualifying the employee for overtime compensation. (Volunteer firefighters are an exception to this policy)

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PERSONNEL RECORDS AND CONFIDENTIALITY

The following personnel files shall be maintained by the City of Spencer:

1. Primary Personnel Files. Primary personnel files shall be maintained for all City employees by the City Clerk. These files shall contain the employment application, performance evaluations, W-4’s, time records, attendance records, leave and benefit records, records of disciplinary actions, and commendations. Separate special personnel files shall be maintained by the City Clerk in which shall be maintained: medical reports and medical information; reference checks; the results of any background investigations; information about the employee’s use of an employee assistant program; any records of garnishment; records concerning substance abuse and treatment; Drug Testing and information concerning investigations of alleged misconduct. City personnel records are confidential records pursuant to Sections 22.7 (11) and 91B of the Code of Iowa. Information contained in City personnel records shall be disclosed only in accordance with State law and the provisions of this Section. 2. Confidential Personnel Files.

1. The City Clerk and his/her designee, as legal custodian of City Personnel Records, shall have access to all personnel records.

2. Any employee shall be afforded the opportunity to review, inspect and copy the contents of that employee’s personnel file, subject to the following conditions:

A.

The City and the employee shall agree on the time the employee may have access to the personnel file and a representative of the City may be present. An employee shall not have access to employment references written for the employee. The employer may charge a reasonable fee for each copy made by the employee of an item from the personnel file. For purposes of this paragraph, "reasonable fee" means an amount equivalent to an amount charged per page for copies made by a commercial copying business. The total amount charged for all copies made shall not exceed $5.00.

B.

C.

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3. An employee’s supervisor, department head, the City Manager or City Attorney may review and inspect an employee’s primary personnel file, subject to the following conditions:

A.

A review of an employee’s personnel file shall be accomplished by a request to the City Clerk.

B.

The personnel file shall be reviewed at the office of the City Clerk.

C.

No copies shall be made of any information in the personnel file.

D. No documents or information shall be removed from the personnel file, except by or at the direction of the City Manager or at the direction of a majority of the City Council. 4. The contents of any special City employee personnel file shall be maintained strictly confidential by the City Clerk and shall be disclosed only to the employee or at the direction of a Court or administrative agency with jurisdiction or upon written direction of the City Attorney.

Responsibility to Update To ensure that every employee’s personnel file is up-to-date at all times, it is the employee’s responsibility to notify the City Clerk of any changes in an employee’s name, telephone number, home address, marital status, number of dependents, beneficiary designations, scholastic achievements, individuals to notify in case of emergency, and so forth. EMPLOYEE EVALUATION Periodically, with a minimum of at least once a year, Department Heads are required to submit periodic written reports on the individual performance of all regular full-time employees. The report shall be discussed with the employee privately and objectively. Employees, whether agreeing with the report or not, shall sign the report as a means of showing the employee has seen it.

Evaluations for Department Heads shall be done by the City Manager or appropriate Governing Body.

The following summary indicates the types of performance reports:

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1. A final probationary report is prepared just prior to completion of the probationary period. This report summarizes probationary performance, and contains the recommendation for regular appointment or removal.

2.

An annual performance evaluations.

3. Additional performance evaluations may be done at the supervisor’s discretion. The City encourages full and free communication regarding employee performance throughout the year. The City also encourages supervisors to document performance deficiencies as they occur.

RESIDENCY The City agrees to implement a residency requirement only for positions where response time is an essential function of the position and/or mandated by law. Also see individual job descriptions.

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HOURS OF WORK AND OVERTIME

Purpose The purpose of this section is intended to define the normal hours of work, and shall not be construed as a guarantee of hours of work per day or days of work per week. Designation of specific work schedules including daily and weekly hours of work shall be made by individual department heads. Reporting for Duty Employees of the City shall be punctual in reporting for duty at the time and place designated by their department supervisor. Repeated failure to report promptly at the time directed will be deemed neglect of duty. Sickness or illness must be reported to the department supervisor by the employee or his representative at least one-half (1/2) hour prior to the time he is due to report for duty. Once having reported off sick, the employee shall keep the department advised as to his status and expected return to duty. Normal Work Schedules The normal workweek shall be five (5) days for all non-fire and non-sworn police department employees. Each normal workday shall include eight (8) hours of duty, which shall include two (2) fifteen (15) minute breaks. A one (1) hour lunch break shall be granted as near as possible to the middle of the duty period, but shall not be included as part of the eight (8) hour duty period. Meal periods must be scheduled with the approval of the employee’s supervisor. The scheduling of breaks and meal periods may vary depending on department workload. Breaks and lunch periods may not be combined for the purpose of extending breaks, extending lunch periods, starting late or leaving early. The Police Department normal work schedule shall be two consecutive days on duty, followed by two consecutive days off duty, followed by three consecutive days on duty, followed by two consecutive days off duty, followed by two consecutive days on duty, followed by three consecutive days off duty, over a fourteen day period. A work day shall consist of one (1) twelve (12) hour shift which shall include two (2) thirty (30) minute coffee breaks, and one (1) (60) minute lunch break, during which time the officer remains on call. The Fire Department work schedule shall be based on a 28-day schedule and not on a 7-day work week. A shift shall be 24.5 hours of which 7 hours will be sleep time pursuant to Fair Labor Standards Act requirements and Sleep Time Agreement between the City and the Fire Department Employees. Anticipated work hours for Fire Department Employees, excluding sleep time, are expected to be 2,275 hours per year plus 260 hours per year of training, fire prevention activities and events such as Clay County Fair activities, for a total of 2,535 hours

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per year used to determine hourly compensation. 157.5 Adjustment hours will be added annually to Fire Department Employee’s work hours for the purpose of equalizing the amount of pay per pay period. Adjustment hours are added to the nine times each year when less than 10 shifts are worked in a pay period. Adjustment hours are used for accounting purposes only and are not “hours worked” nor paid if not used. Overtime (Non-law enforcement and Fire) All non-exempt employees shall be paid, either in cash or compensatory time, at the rate of time and one-half (1 ½) the employee's straight time hourly rate for hours worked in excess of forty (40) hours in a workweek. The choice between cash or compensatory time will be at the sole and exclusive discretion of the Department Head. Paid leaves (Vacation time and Personal Leave) are not considered work time for the purpose of determining overtime. Sick leave and Holiday pay will be considered work time in computing overtime. All overtime work shall be held to a minimum for the efficient operation of the department. When overtime is required, each employee is expected to be available for such assignment. The City will reschedule employees to avoid overtime. There will be no pyramiding of overtime. Except for emergencies, any work in excess of the normal work period must be approved in advance by the employee's immediate supervisor. The overtime rate of pay for all employees shall be calculated at one and one half (1 ½) of the employee’s hourly rate of pay. Overtime shall be computed to the nearest quarter (1/4) of an hour for payment. Non public safety employees may not accrue more than 240 hours of compensatory time. Overtime Police Department Law enforcement employees have adopted the Department of Labor’s 7K exemption and shall earn overtime pay/comp time at the rate of one and one half (1-1/2) times the hours worked in excess of 84 Hours in a 14 day pay period. The choice between cash or compensatory time will be at the sole and exclusive discretion of the Department Head. Paid leaves (vacation time, Personal Leave and Comp Time) are not considered work time for the purpose of determining overtime. Sick leave and Holiday pay will be considered work time in computing overtime. All overtime work shall be held to a minimum for the efficient operation of the department. When overtime is required, each employee is expected to be available for such assignment. The City will reschedule employees to avoid overtime. There will be no pyramiding of overtime. Overtime Fire Department Fire Department employees have adopted the Department of Labor’s 7K exemption and shall earn overtime pay/comp time off equal to one and one-half (1-1/2) times the hours worked which exceed 212 hours in a 28-day period. The choice between cash or compensatory time will be at the sole and exclusive discretion of the Department Head. Paid leaves (vacation time, Personal Leave and Comp Time) are not considered work time for the purpose of determining overtime. 26