NO. 1496 – RES TO APPROVE PERSONNEL POLICY MANUAL 2020
Aug 31, 2023
PERSONNEL POLICY MANUAL
CITY OF SEYMOUR
RESOLUTION NO.
1496
Mayor Jon Hrncirik
Council Members: MPT Monty Glass, Lan Winn, Mary K. Fair, Brian Broome &
Brenda Miller
Reviewed on August 20, 2020 and Passed and Approved on September 17, 2020.
Resolution regarding Section: Vacation hours:
changing vacation roll over hours from 80 to 120 hours
TABLE OF CONTENTS
Objectives of this Policy Page 6
EEO Policy Page 6
Applicability and Scope Page 7
Dissemination and Familiarity Page 7
Amendments to Policies Page 7
Administrative Authority Page 7
Employee Hiring and Appointment Page 8
Vacancies Page 8
Applications Page 8
Evaluation Page 8
Disqualification Page 9
Authority for Appointment Page 9
Types of Appointments Page 9
Nepotism- Exhibit A included Page 10
Residency Requirements Page 10
Medical Examinations Page 10
Emergency Temporary Appointments Page 11
Transfers Page 11
Demotions Page 11
Employee Orientation Page 12
Employee Responsibility Regarding Personal Information Page 12
Reasonable Accommodation for Disabilities Page 12
Performance Evaluation and Compensation Page 13
Payday Schedule Page 13
Emergency Duty Pay Page 13
Stand By Pay Page 13
Overtime Page 14
Time Cards Page 14
Employee Performance Evaluations Page 15
Termination Pay Page 15
Holidays Page 16
Vacation Page 16
Sick Leave Benefits Page 17
Sick Leave Incentive Pay Policy Page 19
Bereavement Leave/Emergency Leave Page 20
Military Leave Page 20
Administrative Leave with Pay Page 20
Personal Leave Page 21
Authorized Leave without Pay Page 21
Absence without Leave Page 22
Temporary Disability Leave Page 22
Injury Leave Page 22
Attendance and General Deportment Page 22
Return to Work Page 23
Attendance Page 23
Inclement Weather Page 23
Work Standards Page 24
Political Activities Page 24
Solicitation Page 24
Outside Employment Page 25
Personal Appearance Page 25
Financial Obligations Page 25
Conflict of Interest Page 26
General Deportment Page 26
Sexual Harassment Policy Page 26
Sexual Harassment Defined Page 27
Intimate Relationships Page 28
Sexual Harassment Complaint Procedures Page 28
Retaliation after Reporting Sexual Harassment Page 28
Sexual Harassment Prevention Training Page 29
Sexual Harassment Policy Acknowledgment Page 29
Disciplinary Considerations Page 29
Indictments against Employee Page 29
Discipline, Appeals and Grievance Page 29
Grounds for Disciplinary Action Page 30
Types of Disciplinary Action Page 31
Written Reprimand Page 32
Suspension Page 32
Reduction/Freeze in Pay Page 33
Disciplinary Demotion and Dismissal Page 33
Disciplinary Action of Department Head Page 33
Disciplinary Action of City Administrator Page 34
Appeals and Grievance Page 34
Appeals of Disciplinary Action Page 34
Grievance Procedures Page 35
Non-Disciplinary Terminations Page 35
Resignations Page 35
Layoff Page 36
Incapacity Page 36
Retirement Page 36
Unsatisfactory Service Page 37
Personnel Records and Reports Page 37
Personnel Records Page 37
Change of Personnel Status or New Hire Page 37
Personnel Reports Page 37
Employee Benefits Page 38
Medical Insurance Page 38
Life Insurance Page 38
Workers Compensation Insurance Page 38
Social Security Page 39
Unemployment Insurance Page 39
Retirement and In Service Death Benefits Page 39
Dental/Vision Insurance Page 40
Travel Policy Page 40
Applicability of Travel Policy Page 40
Authorization Required Page 40
Travel Time Page 40
Travel That is All in a Day’s Work Page 40
Travel Away From Home Community Page 41
Transportation Expenses Page 41
Food and Lodging Page 42
Entertainment Page 42
Travel Reports Page 43
Vehicle Policy Page 43
Purpose of Vehicle Policy Page 43
Applicability Page 43
Use of City Vehicles Page 43
Operation and Passengers Page 44
Use of City Equipment and Facilities Page 44
Safety, Maintenance and Care Page 44
Vehicle Logs Page 45
Miscellaneous Provisions/Property Control Page 45
Utilities Page 45
Purchases Page 45
Purchasing Responsibilities of Employees Page 46
Housekeeping Page 46
Telephone Usage Page 46
News Releases/Media Contact Page 46
The Public Information Act Page 47
Internet and E-Mail Usage Page 47
Cell Phones, Pagers, Radios and Wireless Devices Page 49
Personal Cell Phone Usage Page 50
Professional Memberships and Subscriptions Page 51
Lunch Periods Page 51
Unauthorized or Improper Use of Official Badge or Uniform Page 51
Smoking in the Workplace Page 51
Aids in the Workplace Page 52
Safety Policy and Safety Manager Page 52
Safety Policy Page 52
Safety Manager Page 52
Violence Free Workplace Page 53
Drug –Free Workplace/ Drug Testing Policy Page 53
Policy Statement and Scope Page 53
Definitions Page 54
Prohibitions Page 57
Further Requirements Page 58
Call-Back Page 59
Off-Duty Conduct Page 59
City Social Functions Page 59
Searches Page 59
Random Drug Testing Page 60
Reasonable Suspension Basis for Testing Page 60
Pre-Employment Testing Page 61
Promotions Page 62
Self-Declaration as a Drug Abuser Page 62
Drug or Alcohol Convictions Page 63
Post Accident Drug Testing Procedures Page 63
Test Results Page 64
Substances to be Screened Page 64
Drug Testing Procedures Page 65
Drug Testing Methodology Page 66
Chain-of-Evidence Page 68
Drug-Test Results Page 68
Testing Sites and Sample Collection Page 69
Disciplinary Action Page 69
Changes in Policy Page 69
No Contract Page 70
Other Laws and Regulations Page 70
Administrative Action Page 70
Social Security Page 71
Social Security-Entering into Agreements Page 71
Same Agents to Execute Agreements Page 71
Same Officer Designated to Make Reports Page 71
TMRS-Updated Service Credits Page 71
Increase in Retirement Annuities Page 72
Personnel Policy Acknowledgment Page 73
INTRODUCTION
OBJECTIVES OF POLICIES
The purpose of these policies is to bring into the service of the City a high degree of understanding, cooperation, efficiency, and unity which comes through systematic application of good procedures in personnel administration, and to provide a uniform policy for all employees, with all the benefits such a program insures. The basic objectives of these policies are:
a. To promote and increase efficiency and economy in the service of the City.
b. To provide fair and equal opportunity to all qualified applicants to enter City employment on the basis of demonstrated qualifications, merit and fitness as ascertained through fair and practical methods of recruitment and selection.
c. To develop a program of recruitment, and advancement which will make employment with the city attractive as a profession and encourage each employee to render his best services to the City?
d. To establish and promote high morale among City employees by providing a good working environment, uniform personnel policies, opportunity for advancement, and consideration for employee needs and desires.
EQUAL OPPORTUNITY POLICY
Discrimination against any person in recruitment, examination, appointment, training, promotion, discipline, or any other aspect of personnel administration because of political or religious opinions or affiliations; because of membership in employee organizations; because that person reports a violation of law; or because of race, color, ancestry, origin, marital status, or other non-merit factors is prohibited. Discrimination on the basis of age, sex, or physical disability is prohibited except where specific age, sex, or physical requirements constitute a bona fide occupational qualification necessary to proper and efficient administration. In no case will employment with the City start prior to reaching 16 years of age. Appeals of cases of alleged discrimination at the city level may be made through all supervisory levels in the City including the City Council.
The City Administrator or his representative shall advertise in a positive manner the employment needs of the City, with view toward obtaining an adequate supply of qualified candidates for each vacancy to be filled by recruitment. All advertising will contain this statement: “The City of Seymour, An Equal Opportunity Employer.” All media and/or employment agencies may be requested to refer applicants.
APPLICABILITY AND SCOPE
These policies apply to all city employees unless specified otherwise by state law, departmental policy approved by the City Council or other official City Council action. A person on retainer or under contract is not considered to be a city employee in the absence of a specific agreement to that effect. Nothing in this manual shall be considered to create a property right in employment. It should be understood that employment is for an indefinite period and is at-will for both employer and employee. These policies are not intended to constitute an employment contract and the employer reserves the right to amend these policies unilaterally and without notice.
Employee’s initials: _________ Date of receipt: ______________
DISSEMINATION AND FAMILIARITY OF POLICIES
All city employees shall receive a copy of these policies and each Department Head will keep a copy available for reference by employees. The City Administrator shall require that all employees sign a statement that they have been furnished a copy of these policies. It shall be the employee’s responsibility to become thoroughly familiar with such policies.
AMENDMENTS TO POLICIES
These policies may be amended, supplemented, or superseded at any time by the City Council. Upon any change, each employee will be given a copy of the revised policy changes in writing as soon as possible thereafter and will be required to sign a receipt acknowledging that they have received a written copy of any policy changes.
ADMINISTRATIVE AUTHORITY
The City Council shall be responsible for establishing the policies under which personnel matters are to be administered. With the exception of matters reserved to the City Council by statute, or these policies, the general and final authority for personnel management rests with the City Administrator, who shall develop, administer, and interpret personnel policies and procedures as they apply to all departments and employees.
Each Department Head is responsible within the scope of his or her authority for enforcing the provisions of these policies and related rules and procedures in regard to matters involving his or her department. Department Heads may prepare and enforce additional personnel policies within their department provided they are not inconsistent with these policies and have been approved by the City Administrator.
EMPLOYEE HIRING & APPOINTMENT
VACANCIES
Department Heads shall notify the City Administrator immediately when job vacancies occur in their department. Only those vacancies allocated in the annual budget or new positions authorized by the City Council shall be filled.
APPLICATIONS
Applications for employment or reinstatement shall be submitted on forms as prescribed by the City of Seymour. Only applications officially received in the prescribed manner shall be considered. All information submitted in connection with applying for City positions is subject to verification.
EVALUATION
The primary goal of the City is to fill vacancies with the most qualified applicants available. The City Administrator and the Department Head shall determine the most appropriate means of evaluating applicants against job requirements to identify the best persons qualified. Reference checks, interviews, medical and psychological examinations, criminal history checks, verification of citizenship or employment eligibility, skills test, drug screening tests, written tests, driver’s license checks, and/or other screening procedures may be used as deemed appropriate and in all cases shall be consistent with the applicable employment laws and regulations. Applicants may be required to provide any work experience and qualifications information necessary to demonstrate compliance with prescribed qualification requirements or proficiency.
DISQUALIFICATION
An applicant shall be disqualified from consideration if he or she:
a. Does not meet the qualifications necessary for performance of the duties required of the position involved;
b. Has made any false statement of fact on the application, depending upon the seriousness, willfulness and applicability of the false information to the position;
c. Is an alien not lawfully authorized to work in the United States;
d. Would be in violation of the nepotism policy or laws; or
e. Fails pre-employment physical examination or pre-employment drug screening test, or refuses to submit to a medical exam or drug-screening test.
AUTHORITY FOR APPOINTMENT
Except as otherwise provided by these policies, State Law or City ordinance, the appointing authority for all City positions shall rest with the City Administrator and the applicable Department Head.
Appointments shall be made based on the qualifications of applicants as ascertained through fair and practical selection methods. It shall be the policy of the City to appoint the most qualified applicant for the position.
TYPES OF APPOINTMENTS
An appointment for employment with the City is at-will and for an indefinite duration, terminable by either party unless otherwise specified in a written agreement approved by City Council. A full-time position is one where an employee works at least forty (40) hours in a regular work week schedule. A part-time position is one where an employee works less than forty (40) hours in a regular work-week schedule. An appointment may be made for a limited term. Temporary appointments are ordinarily limited to six (6) months or less and may be made to full time or part time positions requiring continuous, seasonal or intermittent performance.
NEPOTISM
No employee may directly supervise a member of his or her immediate family (defined as: spouse, child, parent, sibling, grandparent, grandchild, spouse of any of the foregoing, or anyone living in the same household as the applicant or employee) or within the third degree of consanguinity (blood).
No persons related within the second degree of affinity, or within the third degree of consanguinity to the Mayor or any other elected official of the City, shall be appointed to any office, position or clerkship or other service to the City. This prohibition shall not apply, however, to any person who shall have been continuously employed by the City for a period of six months prior to the assumption of office of any City official so related to that person.
See Exhibit A — chart regarding Nepotism as presented by Texas Department of Criminal Justice at the back as Exhibit A .
RESIDENCY REQUIREMENTS
There shall be no absolute residence requirements for City employment except those employees likely to be called to work in cases of emergency may be required to reside within reasonable commuting ranges of their places of work. For these purposes, reasonable commuting distance shall be within fifteen (15) minutes of the City limits. Employees allowed to operate City vehicles between their places of residence and work may be required to reside within the City or within reasonable commuting ranges.
MEDICAL EXAMINATIONS
A person who has been offered employment may be required to take a physical examination at City expense given by a doctor designated by the City. The offer of employment will be conditioned upon the results of the physical examination. Information obtained regarding medical condition or history will be collected and maintained in separate forms and in separate medical files and shall be treated as confidential medical information. The City Administrator, acting upon information provided by medical personnel, shall be the final authority in determining medical suitability for employment.
The City Administrator may waive medical examination requirement for emergency temporary appointments. This waiver should not be considered a loophole for avoiding the medical examination; the emergency temporary employee is required to take the medical examination at such time that he/she applies for regular employment with the city. The following temporary position will not require a medical examination: lifeguard.
With the approval of the City Administrator, a Department Head may require that a current employee successfully undergo a medical examination at City expense, to determine fitness for continued employment or for promotion or other personnel action. In cases of Department Heads, the City Administrator may require a Department Head to successfully undergo a medical fitness examination at City expense.
EMERGENCY TEMPORARY APPOINTMENTS
The City Administrator reserves the right to appoint temporary full or part-time employees in cases of emergencies or extraordinary circumstances which places demands which exceed the manpower capabilities of the City. Emergency temporary appointments shall not be used to circumvent the normal appointment procedures. The employees involved shall not acquire any status or rights in the position to which they have been appointed for the duration of the emergency. In no instance shall an emergency appointment last more than ninety (90) days.
TRANSFERS
A transfer is the reassignment of an employee from one position to another. A transfer not involving promotion or demotion may be effected at any time for administrative convenience or necessity, upon approval of the Department Head and the City Administrator. The transfer may be requested by the employee, the Department Head, or if interdepartmental, the City Administrator. The employee must be qualified to perform the duties of the position to which transfer is contemplated. Transfers may be made administratively or in conjunction with an announced selection process. Transfers between departments shall become effective following approval of the City Administrator. Appointed positions, City Administrator, City Secretary, and Chief of Police, must be approved by the City Council.
DEMOTIONS
A demotion is the assignment of an employee from one position to another position having fewer responsibilities or requiring less experience, education, technical, or professional expertise, and which is usually at a lower salary. A demotion may be effected for either a disciplinary or non-disciplinary action. With the approval of the City Administrator and if qualified to perform the duties of the lower level position, an employee may be administratively demoted at his or her own request or as an alternative to layoff. Such demotions shall not be considered as disciplinary actions or to disqualify the employee involved from consideration for later advancement.
EMPLOYEE ORIENTATION
All new employees shall be given a thorough orientation about the nature of the job, the benefits, obligations and responsibilities of the position, and the general policies and procedures of both the City and the department in which he or she is to be employed. In addition, the City will obtain information needed for insurance programs, determining citizenship status, and date of birth that were not provided for in the application for employment. The employee shall also be furnished a copy of the City personnel policies for their personal use and reference at this time and the employee, by signature, shall acknowledge its receipt.
EMPLOYEES RESPONSIBILITY REGARDING INFORMATION
The employees of the City are responsible for providing to city administration all changes to their demographic information. If an employee moves or changes his or her phone number, this should be reported to the City Payroll Clerk. The City is not responsible for any correspondence lost or misdirected if the employee has moved and not notified city administration.
The City is not responsible to know changes in the marital status, number of dependents or any other changes in the status of the employee. The employee must notify the City in writing, for appropriate benefit changes to be processed.
REASONABLE ACCOMMODATION FOR DISABILITIES
When an otherwise qualified employee is determined by medical authority to possess a physical or mental disability the Department Head and City Administrator will review the case and decide what reasonable accommodation is appropriate, as prescribed by law. Applicants with known physical disabilities will be provided with reasonable accommodations to City facilities. Any employee or applicant with a known physical or mental disability who believes reasonable accommodation is not being provided may appeal the decision to the City Council. The City Council and the City Attorney will review the facts of each particular case and act in accordance with the provisions of the applicable law.
In addition to the authority granted, the City Administrator is hereby given authority to promulgate such rules and regulations as are reasonably necessary to carry out and enforce the provisions of this paragraph of the policy.
PERFORMANCE EVALUATION & COMPENSATION
PAYDAY SCHEDULE
All employees will be paid biweekly on Friday. Pay dates falling on a recognized holiday will be scheduled for the preceding workday.
When an employee is on authorized leave, the employee must report to the payroll office to pick up his or her paycheck or give consent in writing for someone else to pick up, or leave an envelope with deposit slip addressed to his or her financial institution. No one will be given his or her check prior to date of check, without the express written permission of the City Administrator.
The pay period for the City of Seymour is a seven (7) day work week, begins each week on Monday morning at 12:01 a.m., and ends on Sunday at 11:59 p.m. (midnight). The City reserves the right to change this pay period.
EMERGENCY DUTY PAY
Employees called back to work in emergencies shall be compensated in accordance with established overtime and recall policies. Employees called to come or to return to work, DURING NON-TRADITIONAL WORK HOURS, shall be paid for this time at his or her overtime rate, even if he or she has not actually physically worked a forty (40) hour work week.
STAND BY PAY
Employees “on call” shall be paid for a minimum of two (2) hours of stand by at their regular rate of pay for being “on call”. Time “on call” shall be scheduled by the Department Head, and eligible employees should be called upon to serve in fair turns, so that no departmental employee has to serve more “on call” time than the others within his or her same department.
OVERTIME
Overtime hours may be compensated (at the time and a half rate) for all time worked over forty (40) hours per week with the following exceptions: (I) this provision shall not apply to those employees who are exempt from the overtime provisions of the Fair Labor Standards Act, such as administrative or executive employees and (II) the “work period” for law enforcement personnel shall be calculated in accordance with 29 U.S.C. Sec. 7(k) and the regulations promulgated pursuant thereto. (III) Traveling to and from schools, conferences, or seminars shall not be considered when determining overtime pay.
Department Heads are instructed to alter schedules to account for the rare event that an employee must “work over” on a specific day. If an employee works past their normal work hours (this does not apply to employees “called in” from home) the employee should be scheduled to take the same amount of time off earlier in the work week, if possible. Working overtime should be rare and reserved for contingencies. All overtime, except for emergencies or call outs, will need to be approved by City Administrator. The maximum hours of Compensatory Time that City of Seymour Employees may accumulate is 16 hours maximum.
Frequently, the issue of working time arises in the context of calculating overtime compensation. For example, if an employee normally works eight hours per day Monday through Friday, but, takes Wednesday as a sick day, must the employer pay for overtime if the employee works eight hours on Saturday of that week?
The simple answer is NO. Under the FLSA, overtime need be paid for all hours worked in excess of 40 in a week. Since the employee worked only 32 hours in this week, an additional eight on Saturday would not subject the employer to overtime liability. This is the case even if the sick day (vacation, holiday, snow emergency day, and personal day, etc.) is paid. (Wording from Fair Labor Standards Handbook)
TIME CARDS
All employees are required to clock in and out for all hours worked, excluding call in or call outs. After the employee has completed the time card for a particular work period, it should be checked carefully to assure its accuracy. The employee should then sign the time card if the totals hours shown are correct and accurate. If this information is incorrect, the employee should not sign the time card, but should report the error to the employee’s supervisor. No employee shall ever complete another employee’s time card and no employee should permit any person to complete his or her time card. Dept. Supervisors shall review for accuracy and sign off on their employees’ time cards before time cards are turned in.
Employees are not to remain on City premises unless on duty or scheduled to work. Overtime may be worked and paid only if a Department Head or the City Administrator has authorized the overtime in advance, except for call outs.
Exempt employees are not eligible for overtime pay.
EMPLOYEE PERFORMANCE EVALUATION
The work performances of each regular employee will be evaluated periodically in accordance with appraisal procedures developed and approved by the City Administrator. An employee will also be evaluated if significant change in performance has occurred. Special evaluations may be made if requested by the Department Head and approved by the City Administrator. Performance evaluation reports shall be on forms provided by the City Administrator through the City Secretary. All performance evaluation reports shall be permanently placed in the employee’s personnel file.
Employees shall be provided copies of their performance evaluation reports.
Performance evaluation is designed to help supervisors and employees measure how well work is being performed and to provide a tool for management decisions regarding pay increases, promotions and retention of employees.
Evaluators shall individually discuss the evaluation results with the employees and shall counsel them regarding their performance and recommend improvements, if deemed desirable. Employees dissatisfied with their performance evaluation may seek reconsideration by using the established grievance procedures.
TERMINATION PAY
Employees who leave the service of the City shall receive all pay which may be due to them in accordance as follows:
a. An employee will be paid for any hours worked and for any overtime compensation due to him or her;
b. Only employees who have successfully completed their initial six (6) months of employment shall be paid for unused vacation time earned;
c. Employees may request that any retirement benefits paid by him or her, through payroll deductions, be refunded in accordance with the applicable program; and apply through TMRS.
d. Any indebtedness to the City which the employee might have incurred shall be deducted from his or her final paycheck.
e. If any employee dies while employed by the City, the City shall forward to his or her designated beneficiary any unpaid pay and unused vacation time.
HOLIDAYS
New Years Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve, and Christmas Day for all employees; and birthdays for employees with employment of 5 years or more. Also, any other days as may be declared by the City Council shall be observed as official holidays for City employees in accordance with the following rules:
a. All full-time employees shall be entitled to the same number of paid holidays.
b. As many employees as possible shall be given each scheduled holiday off, consistent with the maintenance of essential City functions. Department Heads shall insure that employees working unusual schedules or on shifts receive benefit of the full number of official holidays.
c. If the holiday falls on Saturday, the preceding Friday shall be observed and if a holiday falls on Sunday, the following Monday shall be observed.
d. Employees desiring to observe religious holidays not coinciding with official holidays may be given time off without pay or be authorized to use accrued vacation leave, or personal time.
e. If employees work on a holiday, overtime only applies if the hours worked for that week exceeds 40 hours.
VACATION
Vacation time will be accrued by full-time employees only. Vacation time will be accrued at a rate of 6.66 hours per month for the first five (5) years of continuous full-time service. Vacation time will be prorated for first and last month of employment.
Employees with five (5) or more years of continuous employment are required to take forty (40) hours of vacation time (5 consecutive days) each calendar year. Employees with less than five (5) years of continuous employment are required to take twenty four (24) hours of vacation time (3 consecutive days) each calendar year. Holiday hours cannot be included as vacation hours in order to meet this requirement.
The maximum unused vacation time which can be carried from one (1) calendar year to the next is one hundred twenty (120) hours. Accumulated hours in excess of one hundred twenty hours (120) will NOT be carried forward past December 31st of each calendar year.
Vacation time will be scheduled and approved in advance at the convenience of the employee and the appropriate Department Supervisor and City Administrator. Except in cases involving unexpected illness, the Department Head will take into consideration the work load, manpower, and other appropriate factors before approving the vacation. Fifty (50) per cent of departmental workforce has to be scheduled “on duty” at all times. This 50% rule applies to vacation, personal and leave time and work duty scheduling within all departments of the city. Advance vacation time will be granted only with special prior approval of the City Administrator, otherwise vacation hours will only be taken once they have been accrued.
SICK LEAVE INCENTIVE
All full-time employees are entitled to accumulate sick leave benefit credits. Sick leave credit accumulates at the rate of 10 hours per month. Sick leave will be prorated for the first month of employment.
Sick leave is granted by the City for the purpose of permitting an employee to be relieved of his or her duties during his or her actual illness or injury or when an employee is required to attend to his or her relative of the 1st Degree. (See Nepotism Chart).
Employee sick leave may be used by the employee to seek dental or ocular care. Employees wishing to accompany family members who are not incapacitated to medical or dental appointments may request other forms of leave, such as personal days or vacation days.
Supervisors should require a doctor’s statement from any employee who uses any sick leave credit if deemed warranted.
Sick leave may be accumulated up to 720 hours and shall be administered according to the following rules:
a. Sick leave shall accrue from the date of employment. Sick leave may not be taken in advance of it being accrued, unless a doctor has stated in writing the duration this illness will cover. The employee may receive the sick leave that would have accrued during this period.
b. Department Heads shall be responsible for reporting all sick leave used by an employee on the employee’s time record.
c. When an employee works a portion of a day and is ill for the remainder, said employee will be charged sick leave for the hours not worked. Sick leave cannot be used to complete a 40 hour work week, only another form of leave may be used.
d. Official holidays and regular days off shall not count against sick leave.
e. If an employee becomes ill and cannot report for work, his or her absence must be reported to his or her immediate supervisor prior to, or within one (1) hour after his or her regular reporting time, so that such absence will be charged to sick leave. Failure to report in may cause an employee’s absence to be charged to leave without pay.
f. An employee who becomes ill or injured during a vacation may request that
the vacation be terminated and the time of illness be charged to sick leave. Such request must be made immediately to the Department Head no later than the first regularly scheduled work day following vacation. A doctor’s statement may be required in such instances.
g. After an employee’s accumulated sick leave has been exhausted, accrued vacation may be used as sick leave. When absence due to illness exceeds the amount of paid leave earned and authorized, the pay of an employee shall be discontinued until he or she returns to work. Sick leave may be donated to another employee on a purely voluntary basis in those circumstances when the affected employee does not have sufficient sick leave or vacation time to cover the period of illness. Donated sick leave will be deducted from the donating employees’ sick leave balance as an adjustment.
h. An employee who is pregnant may use up to six (6) weeks leave for maternity purposes, after delivery and/or adoption. The only exception would be if a physician has not released the employee. If a longer period of time is required, it will be at the discretion of the City Administrator.
i. An employee terminating from employment with the City must submit certification of illness from a doctor before being eligible to use sick leave in the last two (2) calendar weeks of employment.
j. Accumulated sick leave will not be compensated for in any way at the time of termination, whether by resignation or dismissal.
SICK LEAVE INCENTIVE PAY POLICY
The City Council approved a monetary cash incentive sick leave program starting January 1, 2000. The purpose of this program is to increase productivity by reducing the amount of sick leave time taken by employees. This policy is reviewed annually during budget hearings and may be revoked at any time by Council action. The intention of Council is NOT to deny any employee his/her ability to utilize the sick leave they have accrued if they meet the criterion as listed in the previous section of this policy.
This program rewards each full-time employee the last payroll of each calendar year by paying them 40% of the unused 120 hours they have earned, during that calendar year.
Example (1): Sick hours earned each month = 10 hrs
10 hrs X 12 months = 120 hrs (Jan. thru Dec.)
If an employee used no hours during the calendar year, an employee would be paid his/her hourly wage X 48 hours. (40% of 120 hrs earned).
Example (2): Sick hours earned each month = 10 hrs
10 hrs X 12 months = 120 hrs (Jan. thru Dec.)
Employee used 64 hours (8 days) of sick leave during the calendar year.
An employee would be paid his/her hourly wage X 22.4 hrs (40% of 56 hours remaining unused) at any time determined by City Council.
Note: The employee WILL lose his/her sick days when they are paid the incentive.
Once the incentive has been paid to the employee, he or she CANNOT use sick time. NO EXCEPTIONS !!
If an employee becomes sick and needs to be off, he or she can use other forms of leave instead.
The unused balance of any employees sick leave from the previous years will roll over and any additional sick leave credits earned in the future will “roll over” up to 720 hours maximum.
BEREAVEMENT LEAVE/ EMERGENCY LEAVE
All full-time employees may be granted Bereavement Leave with pay for a period not to exceed five (5) work days to attend a funeral and handle the necessary family details in case of death in their immediate family or other relative living in the same household. Part-time, seasonal, and temporary employees may be granted up to five (5) days leave of absence without pay in such cases. (Immediate family, for this purpose, shall be defined as husband, wife, son, daughter, mother, father, mother-in-law, father-in-law, employee’s grandparents, brother, sister.)
When a full-time employee is required to be with his immediate family (husband, wife, child, father, mother, brother, or sister) because of serious illness, serious accident, or a drastic situation the employee may be granted emergency leave with pay for a period not to exceed three (3) consecutive work days. Verification of accident, illness or situation may be requested by the City before Emergency Leave is paid.
MILITARY LEAVE
Full-time employees of the City who enter active duty with the State Military Forces or with the Armed Forces of the United States are entitled to be restored to employment subject to the provisions of the law upon honorable release from active duty, provided an appropriate position is available. An employee may use accrued vacation time to attend military training.
ADMINISTRATIVE LEAVE WITH PAY
a. Voting Leave. Employees on duty on the date of any national, state, or local election and who are eligible to vote in such elections shall be granted time off without loss of pay or benefits to exercise this right if they cannot reach their polling place outside of working hours. Evidence of voter registration and voting may be required by the supervisor.
b. Jury Duty Leave. Employees shall be granted sufficient leave with pay plus the amount paid from the clerk of the court served when called for jury service or court duty. The employee shall provide his or her supervisor a copy of the duty or court summons. Employees excused or released from jury service or court duty shall immediately report to their work station for the remainder of their shift.
c. Voluntary Blood Donation Leave. Employees who make donations of blood without receiving compensation for it will be excused from duty without loss of pay or benefits. Employees will be excused for such time as it is necessary to make blood donations and to recuperate, if needed. The excused absence will not exceed four (4) hours and will be authorized for only the day of the donation.
d. Professional Development Leave. The City Administrator may grant an employee administrative leave with pay for purposes of attending a professional conference, convention, training activity, legislative proceeding, or civic function or meeting, or for purposes of coordinating with governmental and private agencies and entities in the interest of the City.
PERSONAL LEAVE
All NEW full- time employees’ personal leave will be pro-rated, depending on time of employment.
Full-time employees will be granted sixteen (16) hours of personal leave. This leave is granted January 1ST, of each calendar year. Personal leave must be used by December 31st. No leave balance may be carried forward past December 31st. Upon termination of employment, unused personal leave balance is deleted from the system. It is not payable to the employee upon termination.
AUTHORIZED LEAVE WITHOUT PAY
In circumstances not falling within other provisions of these rules, the City Administrator may authorize an employee to take leave without pay under mutually agreeable terms and conditions. Employees taking leave without pay shall not lose nor gain seniority.
All employee benefits will remain in effect during periods of authorized leave without pay. If an employee is on leave without pay for more than two (2) weeks of the month, an employee must come off insurance coverage.
ABSENCE WITHOUT LEAVE
An employee failing to report to work within three hours of their appointed work time, or any employee failing to remain at work as scheduled without proper notification to his or her immediate supervisor and obtaining authorization or excuse has committed a serious offense and shall not be paid for the time involved. Absence without leave constitutes abandonment of duties and may result in severe discipline, up to and including discharge. In cases where the employee is discharged for absence without leave it shall not be considered to be in “good standing”.
TEMPORARY DISABILITY LEAVE
Employees with non-occupational illness or injury shall be entitled to leave benefits on the same basis as employees with other illnesses. A medical clearance is required for all employees desiring to return back to work after leave caused by a temporary disability.
INJURY LEAVE (Updatd on 9/7/17) Per Resolution No. 1450
An employee injured while performing work for the City may receive Worker’s Compensation benefits. Benefits to the employee’s retirement plan will only be paid by the City if the employee makes his/her monetary contribution. For an employee to retain their medical benefits through the Texas Municipal League, the employee must be paid a minimum of twenty hours per week through the City or be on FMLA. Because Worker’s Compensation benefits only pays 70% of an employee’s standard wages, employees also have the option of being paid a full eighty hours per two week pay period. This only applies if an employee elects to assign their Worker’s Compensation check to the City. The City will then pay the employee by using accrued sick time first, then personal and vacation time; or the employee can retain the Worker’s Compensation check and only be paid for twenty hours per week through the City (using accrued sick time first, then personal and vacation time in order to be paid). The employer will continue to accrue vacation and sick leave.
ATTENDANCE AND GENERAL DEPORTMENT
The basic workweek for non-exempt full-time employees is 8:00a.m. to 5:00 p.m., Monday through Friday, including a daily non-compensable lunch period of 60 minutes taken off-premises.
Authorized compensable rest breaks on premises for health and safety reasons must not exceed 15 minutes in duration for each 4 hour period of work. These breaks will not be scheduled in conjunction with the lunch period or at the beginning or end of the workday.
RETURN TO WORK
An employee shall be required to return to work upon being given medical clearance for “light duty” by a licensed physician. The policy of the City of Seymour will be to provide suitable “light duty” work for employees, and will coordinate with the City’s workers compensation carrier to provide for the smooth transition of the employee back to work. No employee may elect to assign their workers compensation check to the City and use accrued sick leave if they have been given medical clearance to work “light duty” and have rejected the offer of such work.
ATTENDANCE
All employees are expected to report to work as scheduled and to work their scheduled hours and overtime, if necessary. Employees shall be at their place of work in accordance with City and departmental policies and regulations. The personnel office will maintain annual employee attendance records. Fifty (50) per cent of departmental workforce has to be scheduled “on duty” at all times. This 50% rule applies to vacation, personal, and leave time with work duty scheduling within all departments of the City and with the exception in unexpected circumstances or unforeseen circumstances and at the City Administrators discretion.
INCLEMENT WEATHER
Because of essential and direct impact on public safety and health, City services must continue regardless of the weather. Given this obligation to the citizens of Seymour, the following policy will apply in the event of inclement weather.
a. If City Hall is open for business, all employees are expected to be at work, unless excused by the City Administrator. If City Hall is closed for business, the City Administrator or City Secretary will notify the media.
b. Any employee who does not come to work or misses any portion of a work day due to road conditions, day care centers closing or other extenuating circumstances, must notify their Supervisor according to various departmental notification rules (i.e. by a certain time, calling the appropriate person, etc.). The employee may use personal time, vacation time, accrued holiday time or leave without pay.
Employees in the departments that are called out during bad weather while city hall is closed will be paid at a rate of time and a half. The City Administrator will make decisions and approve when the city will be closed or delayed during bad weather day.
WORK STANDARDS
It shall be the duty of each employee to maintain high standards of cooperation, proficency, and economy in his or her work for the City. Department Heads shall organize and direct the work of their departments to achieve these objectives. If work habits, attitude, production, and/or personal conduct of an employee becomes a problem, supervisors should point out the deficiencies at the time they are observed and take appropriate action. Counseling and warning the employee in sufficient time for improvement should ordinarily precede formal disciplinary action, but nothing herein shall prevent immediate formal action as provided elsewhere in these policies whenever the interest of the City requires it.
POLITICAL ACTIVITIES
Except as may be otherwise provided by law, the following restrictions on political activity shall apply to City employees:
a. A City employee will not use his/her position for or against any candidate for public office in any jurisdiction.
b. No employee while on duty shall take an active part in any political campaign of another person for an elective position of the City. The term “active part” means making political speeches, passing out cards or other political literature, writing letters, signing petitions, actively and openly soliciting votes, and making public derogatory remarks about the candidates.
c. Employees will not be required to contribute money, labor, time, nor other valuable thing to any person for election purposes in any jurisdiction.
d. No employee may hold a City office (appointed or elective) of public trust, partisan office in any jurisdiction, nor any other office where service would constitute a direct conflict of interest with City employment, with or without remuneration.
SOLICITATION
Solicitation of contributions or anything of value for any purpose whatsoever shall not be permitted on the job without the express approval of the City Administrator.
No employee may be required to make any contribution. No employee may be penalized in any way in connection with his or her employment according to his or her response to any authorized solicitation.
OUTSIDE EMPLOYMENT
Although outside employment is not expressly prohibited by the City, employees who work other jobs on their own time must remember that their first responsibility is to the City. If a second job leads to excessive absenteeism, tardiness, or poor performance, the employee will be asked to choose between the two jobs. Any employee subject to recall or emergency duty must receive written permission from the Department Head to work a second job. The Department Head may establish certain conditions before granting this permission, e.g., work must be located within the City or within a reasonable commuting distance, outside employer may be required to excuse employee to answer emergency calls, employment would not create any conflict or embarrassment to the City, etc.
PERSONAL APPEARANCE
All employees, regardless of work location and degree of public contact, are expected to maintain a good personal appearance and an acceptable standard of cleanliness and personal hygiene at all times. All City of Seymour employees that have been issued work uniforms will wear these uniforms during normal work hours when in commission of assigned duties on behalf of the City of Seymour.
Furthermore, as determined by the City Administrator, if the length of an employee’s hair could pose a safety hazard, the hair must be cut to a shorter length or restrained sufficiently to resolve any safety issues.
FINANCIAL OBLIGATIONS
All employees are expected to keep their personal financial affairs in good order. Failure to pay just debts, including taxes, may constitute grounds for disciplinary action.
CONFLICT OF INTEREST
No officer or employee of the City shall accept, directly or indirectly any gift, favor, privilege, or employment having a monetary value in excess of twenty-five dollars ($25.00) from any person, firm, or corporation doing business with, or seeking to do business with the City during the term of office of such officer or during the employment of such employee of the City and in connection with such office or employment, except as may be authorized by ordinance or on behalf of the City and for its benefit. Under no circumstance shall cash or any instrument of cash having monetary value be accepted. No officer or employee of the City who is employed, directly or indirectly, by any person, firm, or corporation doing business with, or seeking to do business with the City shall in any manner participate in any discussion or decision of any agency, board, commission, or instrumentality of the City having to do with the business done or sought to be done with the City by such person, firm, or corporation without first declaring publicly such employment.
GENERAL DEPORTMENT
Every employee in the City’s service is working for all the people of Seymour. It must be the aim of the personnel of the City to constantly develop better municipal government. The attitude and conduct of each City employee should at all times be such as to promote good will and favorable attitude of the public toward the City administration, its programs and policies. Each employee should have a thorough knowledge of their own job and should profess a profound respect for their work. He or she should be endowed with the spirit that his or her effort is of consequence and that his or her work is of worthwhile value. Employment in a position, either regular or temporary, is not recognized as a vested right to be retained primarily because of appointment or possession.
SEXUAL HARASSMENT POLICY
Sexual Harassment Policy of the City of Seymour
The City of Seymour is committed to taking all reasonable steps to prevent all forms of discrimination and harassment in the workplace. In particular, the City strives to maintain a work environment that is free of sexual harassment, sexual exploitation, and intimidation. In addition to other forms of discrimination, the City maintains a strict policy prohibiting sexual (i.e. gender-based) harassment, which will not be tolerated from any employee or supervisor at any level.
Sexual Harassment Defined
Sexual harassment is defined as unwanted sexual advances, requests for sexual favors, or visual, verbal, or physical conduct of a sexual nature based on a person’s gender when:
a. Submission to such conduct is made a term or condition of employment; or
b. Submission to or rejection of such conduct is used as a basis for employment decisions affecting an individual; or
c. Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive work environment.
Sexual harassment is prohibited. The following is a partial list of conduct that could be sexual harassment:
a. Unwanted sexual advances or propositions.
b. Offering employment benefits in exchange for sexual favors.
c. Making or threatening reprisals after a negative response to sexual advancements.
d. Visual conduct (e.g., leering, making sexual gestures, displaying of sexually suggestive objects, pictures, cartoons, or posters).
e. Verbal conduct (e.g., making or using derogatory comments, sexually explicit jokes, comments about an employee’s body or dress).
f. Verbal abuse of a sexual nature, graphic verbal commentary about an individual’s body, sexually degrading words to describe an individual, suggestive or obscene letters, notes, annotations, e-mails or internet venues.
g. Physical conduct (e.g., touching, impeding, or blocking movement).
Sexual harassment on the job is unlawful whether it involves co-worker harassment or harassment by a supervisor or manager. All employees found to have been engaged in sexual harassment will be subject to disciplinary action, including possible termination.
Intimate Relationships
A supervisor engaged in an intimate personal relationship (i.e., sexual relationship) with an employee must disclose the nature of the relationship. A supervisor engaged in such relationship is prohibited from serving in a decision-making role for that employee.
Sexual Harassment Complaint Procedures
Employees who believe that they have been sexually harassed on the job, or who are aware of the harassment of others, must provide a written or verbal complaint to the City Administrator and the City Attorney as soon as possible. The complaint must include details of the incident(s), names of the individuals involved, and the names of any witnesses. Supervisors must immediately refer all harassment complaints to the City Administrator. All incidents of sexual harassment that are reported, either verbally or in writing will be investigated. The City Administrator or designated representative will immediately undertake an effective, thorough, and objective investigation of the harassment allegations. The investigation will be completed and a determination regarding the alleged harassment will be made and communicated to the employee(s) who complained and the accused harasser(s). The City Administrator shall hold a conference with the complainant within seven (7) days after receipt of the complaint concerning the progress of the investigation and inform of an estimated time in which the investigation will be completed.
Complaints and investigations will be conducted with confidentiality to the greatest extent possible. Anonymity is not guaranteed.
If a complaint of sexual harassment is substantiated, appropriate disciplinary action, up to and including termination, will be taken. After a final decision concerning the complaint is made by the City Administrator, either the complainant or the alleged harasser may appeal such decision to the City Council.
Retaliation After Reporting Sexual Harassment
City policy prohibits retaliation against any employee by another employee or by the City for using this complaint procedure or for filing, testifying, assisting, or participating in any manner in any investigation, proceeding, or hearing conducted by the City, or by a federal, state, or local enforcement agency.
Sexual Harassment Prevention Training
All new employees and supervisors are required to attend regular sexual harassment training sessions, as scheduled by the City Administrator, within 6 months of employment.
Sexual Harassment Policy Acknowledgment
All employees must sign an acknowledgment indicating that they have attended sexual harassment training and have reviewed and understand the City’s policy on sexual harassment. This form shall be placed in the employee’s personnel file.
Employee’s initials:___________ Date of receipt: ____________________
DISCIPLINARY CONSIDERATIONS
INDICTMENTS AGAINST EMPLOYEE
An employee may be suspended, with or without pay, at the discretion of the City Administrator, if indicted for a crime or official misconduct pending a decision on the indictment such as dismissal, acquittal or conviction. If the indictment is dismissed or if the employee is acquitted, the suspended employee shall be reinstated to his or her former position, or a similar one if not available, without loss of any benefits and such suspension shall not be considered as a disciplinary action.
DISCIPLINE, APPEALS AND GRIEVANCES
The City expects its employees to accept reasonable and appropriate work assignments willingly and to perform them in a satisfactory manner. Employees are also expected to comply with all rules, regulations, and policies pertaining to job performance standards and personal conduct on the job. If an employee fails to perform satisfactorily or if his or her personal conduct is unacceptable, disciplinary action may be taken.
The City will attempt to review and resolve all employee problems as promptly and equitably as possible and at the lowest possible organizational/supervisory level. All employees will be provided with as fair, expedient, objective, and consistent means of resolving work-related problems as possible.
GROUNDS FOR DISCIPLINARY ACTION
The City Administrator or Department Head may take disciplinary action against an employee for the following:
a. Illegal, unethical, abusive, or unsafe acts.
b. Violation of City rules, regulations, policies or procedures.
c. Insubordination.
d. Leave under false pretenses.
e. Incompetency.
f. Neglect of duties.
g. Theft.
h. Participation in prohibited political activities.
i. Unauthorized soliciting while on duty.
j. Excessive or unauthorized absenteeism and tardiness. Ten minutes in an eight-hour period is unacceptable and over a period of time will merit disciplinary action to include dismissal.
k. Failure to conduct himself/herself in a courteous and proper manner while on duty.
l. Falsification of official documents or records, including employment application.
m. Unauthorized or improper use of official authority.
n. Violations of the “Drug-Free Workplace” policy or refusal to take a drug test as instructed by the City Administrator.
o. Damaging City equipment, tools, machines, and/or property.
p. Wasting materials and supplies.
q. Carelessness, recklessness, and/or engaging in horseplay.
r. Immoral conduct or indecency.
s. Abuse of illness, injury, disability leave, or other benefits.
t. Any threat or physical attack on any supervisor or co-worker.
u. Failure to properly document time and attendance records.
v. Sexual harassment.
w. Violation of the purchasing policy of the City of Seymour in any fashion, or carelessness in stewardship of City credit cards, checks, purchase orders, cash or other valuable items.
x. Abuse or violations of the Worker’s Compensation Insurance.
y. Loss of employee’s driver’s license.
z. Texting on city time is prohibited. Only City business related is acceptable. Texting while operating city vehicles or while engaged in a work area is also prohibited. Any employee violating this policy will be reprimanded.
This list is to illustrate the more common causes and is not intended to be all-inclusive.
Nothing herein shall affect the fact that the City of Seymour is an at-will employer and no employee has any property right in his or her job or position. The City of Seymour may terminate any employee at any time with or without good cause and for any reason or for no reason.
TYPES OF DISCIPLINARY ACTION
Formal disciplinary action taken shall be consistent with the nature of the deficiency or infraction involved and the record of the employee. Formal disciplinary action shall include written reprimand, suspension, and reduction in pay, demotion, and dismissal. Any of the foregoing types of disciplinary action may be invoked for a particular deficiency or infraction, depending upon the exact circumstances. An employee may be warned that at any time, he or she may be dismissed or otherwise disciplined for further unsatisfactory performance and/or conduct.
Supervisory personnel are encouraged to consider the following as normal disciplinary transitional steps in situations requiring disciplinary action:
VERBAL WARNINGS with record of each warning being noted in the employee’s personnel file;
WRITTEN REPRIMANDS which the Department Head must transmit through the City Administrator before placement in the employee’s personnel file;
SUSPENSION WITHOUT PAY or Reduction in Pay, with approval of City Administrator;
DEMOTION AND/OR DISMISSAL with approval of City Administrator;
Nothing herein is intended to negate the authority and responsibilities of a superior to take the disciplinary action they believe appropriate based upon the relevant circumstances nor prohibit the Department Head and the City Administrator from immediately discharging an employee for the first instance of gross misconduct to include all items previously listed.
WRITTEN REPRIMAND
In the interest of good discipline, an employee may be reprimanded in writing. The reprimand shall describe the deficiency or infraction involved and shall state the likely consequence of further unsatisfactory performance and/or conduct. The employee will be given a copy of the written reprimand and a copy of the reprimand shall be kept in the employee’s official personnel file.
SUSPENSION
In the interest of good discipline, an employee may be suspended without pay for up to thirty (30) calendar days at the discretion of the City Administrator. A notice of suspension must be given to the employee which describes the deficiency or infraction involved and which states the likely consequences of further unsatisfactory performance and/or conduct. The suspension shall be permanently noted in the employee’s official personnel file. When an employee is under investigation for a crime or official misconduct or is awaiting hearing or trial in a criminal matter, he or she may be suspended without pay for the duration of the proceedings when such suspension would be in the best interests of the City and the public. If the investigation or proceedings clear the employee he or she shall be eligible for reinstatement with full pay and benefits restored.
REDUCTION/FREEZE IN PAY
In the interest of good discipline, an employee’s pay may be reduced or frozen provided it is done within reason. A notice of this action will be given to the employee which describes the deficiency or infraction involved and which states the likely consequences of further unsatisfactory performance and/ or conduct. The reduction/freeze shall be permanently noted in the employee’s official personnel file, but the employee shall not be disqualified from consideration for later pay increases. The City Council has the authority to adjust pay of any employee through the budget process.
DISCIPLINARY DEMOTION AND DISMISSAL
In the interest of good discipline, an employee may be demoted. A notice of demotion must by given to the employee which describes the deficiency or infraction involved and which states the likely consequences of further unsatisfactory performances and/or conduct. The demotion shall be permanently noted in the employee’s official personnel file, but the employee shall not be disqualified from consideration for later advancement.
An employee may also be dismissed from the City employment in the interest of good discipline. A notice of dismissal, which describes the deficiency or infraction involved, will be given to the employee.
DISCIPLINARY ACTION REGARDING DEPARTMENT HEADS AND EMPLOYEES UNDER THE DIRECT SUPERVISION OF THE CITY ADMINISTRATOR.
The City Administrator shall have authority to take disciplinary action with respect to all employees under the City Administrator’s direct supervision and all Department Heads.
DISCIPLINARY ACTION WITH RESPECT TO THE CITY ADMINISTRATOR
The City Council shall have the authority to take disciplinary action with respect to the City Administrator. All actions of the City Council in that regard will be final.
APPEALS AND GREIVANCES
APPEALS OF DISCIPLINARY ACTION
An employee may appeal any disciplinary action taken against him or her. They may appeal an action unfair, too harsh, or inappropriate; provided, it is appealed in writing to the City Administrator within five (5) working days following such action. Such disciplinary action may be stayed pending decision on the appeal or may take effect at any time after issuance of the notice as determined by the disciplinary authority. The City Administrator after following careful investigation of the facts shall have broad authority to approve, disapprove, modify, or rescind any disciplinary actions taken or proposed. The City Administrator shall attempt to resolve the issue within ten (10) calendar days. In the event the disciplinary action from which an appeal is taken was imposed by the City administration with respect to those employees for which the City Administrator is the supervisor, the appeal for such employees shall be to the Mayor and the Mayor shall discharge the duties of the City Administrator in connection with such appeal. The decision of the City Administrator or Mayor, as the case may be, in connection with any such appeal, shall be final.
After the appeal has been filed, the employee shall be given notice of the date and time of the hearing on the appeal. The hearing shall be conducted fairly and in private, to the extent practicable, unless the employee requests it to be public. The hearing shall be confined to a consideration of the reasons for the proposed or actual disciplinary action. Formal rules of evidence need not be followed during such hearings. After the hearing the City Administrator or the Mayor, as the case may be, after careful investigation of the facts, shall have broad authority to approve, disapprove, modify, or rescind any disciplinary actions.
Nothing in this manual shall abridge any right of public access under the state statutes providing for open meetings and access to public records. To the extent possible, for the protection of all concerned, rulings will be reduced to writing.
These procedures are guidelines only, and it is recognized that it may not be possible to adhere to them in every case. They are not intended to impose on the City any burden of furnishing an employee with substantive or procedural due process.
GRIEVANCE PROCEDURES
Employees may take any job related complaints, problems or grievances to their immediate supervisors in order to resolve it. Following discussion of the grievance with his or her supervisor, if an employee still remains dissatisfied with a working condition or some other aspect of employment, other than for a disciplinary action, he or she may submit a written grievance to his or her Department Head within five (5) working days after the cause of the grievance arises or becomes known to the employee.
It shall be the responsibility of the Department Head to study the grievance and attempt to resolve it within ten (10) working days. Further discussions with the aggrieved party shall be encouraged. If the grievance cannot satisfactorily be resolved within ten (10) working days, the Department Head shall refer it with comments and/or recommendations to the City Administrator, if necessary. If the grievance involves the City Administrator, and employee shall first submit the grievance to the City Administrator in accordance with this section. However, if the grievance cannot satisfactorily be resolved within ten (10) working days, the City Administrator shall refer any grievance involving the City Administrator to the Mayor with comments and recommendations, if necessary. Supervisors and employees should make every effort to resolve grievances at the lowest level possible. Employees shall be kept informed of the status of their grievances. Punitive action shall not be taken against an employee for submitting a grievance in accordance with these guidelines.
The employee should always keep in mind the responsibility of the City to its citizens and to the public. It is the responsibility of the employee to assist in discharging this responsibility by contributing to a good working relationship among employees in the City government. In order to minimize disruption of the operation of City government and damage to the reputation of the City among its citizens, the employee shall use this grievance procedure.
NON-DISCIPLINARY TERMINATIONS
RESIGNATIONS
An employee may leave the employment with the City in “good standing” by giving two (2) weeks notice in writing. The City Administrator may waive any portion of the notice period. The personnel records of any employee who resigned by giving proper notice shall show that the employee resigned of his or her own accord.
An employee failing to report for duty within three hours of the appointed time, or remain at work as scheduled without proper notification, authorization, or excuse shall be considered as absent without leave which constitutes abandonment of duties, except when the failure to notify is due to circumstances beyond the control of the employee. Absence without leave may be considered as an employee’s resignation without notice. In such cases, the employee’s separation shall not be considered to be in “good standing.”
LAYOFF
An employee may be laid off because of changes in duties, organizational changes, lack of work, or budget cutbacks. Whenever possible, an employee laid off from one City department shall be transferred to a suitable position elsewhere provided said employee has the appropriate qualifications and job skills. Whenever possible, at least two (2) weeks notice shall be given an employee prior to layoff. Layoffs shall be carried out on the basis of demonstrated job performance, with the employees being retained the longest that have the highest consistent performance evaluation scores. Seniority within City service shall be used to determine the order of layoff among employees with substantially equivalent records of job performance and efficiency, with the most senior employees being retained the longest. Temporary employees shall be laid off before regular employees performing similar duties. A layoff shall not be considered a disciplinary action.
INCAPACITY
An employee may be terminated for medical reasons when the employee as an individual no longer meets the standards of fitness required for the position. A finding of incapacity shall be based on an individual medical determination by a competent physician prescribed by the City Administrator. Termination for incapacity shall not be considered disciplinary action and shall not operate to deny any employee the use of any accrued illness, injury, disability, or other benefits. Failure of an employee to accumulate sick leave may be considered as evidence that an individual no longer meets the standards of fitness required for the position held by the employee.
RETIREMENT
Eligible employees may elect to retire from the City service in accordance with applicable retirement programs.
UNSATISFACTORY SERVICE
An employee may be terminated for unsatisfactory service when his or her ability to handle the duties of the position fall below the desirable standards as determined by the Department Head and the City Administrator. An employee may also be terminated at any time, with or without cause, and for any reason or for no reason.
PERSONNEL RECORDS AND REPORTS
PERSONNEL RECORDS
The Payroll Department shall maintain the official personnel files and records for all City employees. Unless otherwise provided by law, personnel files shall be confidential and may not be used or divulged for purposes unconnected with the City personnel management, except with the permission of the employees involved. Nothing herein shall prevent the dissemination of impersonal statistical information. An employee shall have a right of reasonable inspection of his or her official personnel files and records under appropriate supervision.
CHANGE OF PERSONNEL STATUS OR NEW HIRE
Department Heads will receive City Administrator approval for recommended changes in the personnel status of their employees or requests to hire new employees prior to making any commitments to either existing employees or prospective new hires.
PERSONNEL REPORTS
Department Heads shall be responsible for providing the Payroll Department with all necessary employee reports and records associated with good personnel management for their department. Such records and reports shall include, but not be limited to, employee sick leave, vacation leave, attendance and overtime records, performance reports, counseling records, and all types of disciplinary action.
Failure to do so may result in formal disciplinary action.
The City Secretary or Department Heads shall prepare such narrative reports, statistical summaries, and other personnel reports as are necessary or desirable to provide useful information to the City Administrator and City Council.
EMPLOYEE BENEFITS AND INSURANCES EMPLOYEE BENEFITS
Unless required by State Law, the following described benefits are provided subject to budgetary constraints, and may be revoked by Council at any time.
MEDICAL INSURANCE
Medical benefits are provided to all full-time regular employees of the City of Seymour. If a husband and wife are both City of Seymour employees, they will be covered for medical benefits, individually.
Employees will be eligible for coverage on the 1st day of the first month after their thirtieth (30th) day of continuous, active employment. The coverage will begin on the eligibility date if the employee meets the active-work requirement and has provided the City with all information required to complete insurance enrollment forms. The active-work criteria are as follows: the employee must be actively-at-work, performing the regular duties of the occupation on a full-time basis, either at one of the City of Seymour’s regular places of business or at some location to which the employee is required to travel to do his/her work. If the employee does not meet the active work requirement on the date coverage would otherwise begin, it will begin on the next day on which the employee meets all requirements.
LIFE INSURANCE
The City provides group life insurance coverage for all full-time employees. Coverage shall begin the 1st day of the first month. The cost of providing this insurance to employees is paid by the City. The life insurance is payable in the event of death of an employee from any cause at any time or place while he or she is insured. It is designed to help ensure that any employee’s family receives financial assistance in the event of the employee’s death. Payment will be made to the beneficiary designated by the employee.
WORKER’S COMPENSATION INSURANCE
Any City employee injured as a result of duties performed in the course of his or her job shall be eligible to receive worker’s compensation benefits from the City’s insurance carrier at no expense to the employee. Worker’s compensation benefits are intended to compensate workers with job related injuries or illnesses by reimbursing them for income losses and paying for medical and rehabilitation treatment. It is the responsibility of the employee to notify the Department Head of any work-related injury. It is the responsibility of the Department Head to notify the City Administrator, City Secretary or Finance Director, of any claimed worker’s compensation injury within 24 hours. Failure to notify city administration will result in disciplinary action.
SOCIAL SECURITY
All employees of the City are covered under the Federal Insurance Contributions Act (FICA). This type of government insurance, known as “Federal Old Age, Survivors, and Disability Insurance,” provides for benefits for retirement, disability or upon death. This insurance is financed by Social Security taxes which are paid through payroll deductions by the employee. The City contributes a matching amount on behalf of the employee.
UNEMPLOYMENT INSURANCE
All employees of the City are covered under the Texas Unemployment Compensation Insurance program. This program provides payments for unemployed workers in certain circumstances as provided by law.
RETIREMENT AND IN SERVICE DEATH BENEFITS
The City is a member of the Texas Municipal Retirement System. The purpose of this system is to provide a plan for the retirement and disability of employees of Texas municipalities. Participation in this system is compulsory for all employees who have not reached the age of sixty (60) years. Participation in the system begins upon employment with the City. The employee will contribute 6% of his or her salary through payroll deductions into the retirement plan, with the City matching this amount on a 1 to 1 basis. In addition to the retirement plan, the City also provides an In-Service Death Benefit for its employees participating in the Texas Municipal Retirement System. This death benefit is payable to the designated beneficiary upon death of the covered employee. The amount payable to the beneficiary is equal to the annual salary of the covered employee. This supplemental benefit is provided by the City at no cost to the employee.
DENTAL/VISION INSURANCE
All full time employees are given the option to elect dental and vision insurance at the expense of the employee. Eligibility shall begin on the 1st day of the first month after their thirtieth (30th) day of continuous, active employment if all required information has been provided to the City as necessary to complete the enrollment forms.
TRAVEL POLICY
APPLICABILITY OF TRAVEL POLICY
This policy is applicable to all City employees and elected officials and applies to all travel on City business outside the City limits and to all travel reimbursements, subject to budget limitations and authenticated expenses.
AUTHORIZATION REQUIRED
The City Administrator may authorize travel leave and expenses for City business outside the City. All travel requests must be approved by the Department Head and City Administrator prior to its occurrence. Any employee traveling on official City business shall leave word with their supervisor as to where they can be reached while out of the City.
All travel requests must be submitted on forms provided for that purpose as required by the City Administrator.
TRAVEL TIME
Regarding travel time, please note the following information from Labor Law, Title 29, Subtitle B, Chapter V, Section 785.38 and Section 785.39.
§ 785.38 Travel That Is All In The Day’s Work.
Time spent by an employee in travel as part of his principal activity, such as travel from job site to job site (school, conference, seminar, etc.) during the workday, must be counted as hours worked. Where an employee is required to report at a meeting place to receive instructions or to perform other work there, or to pick up and to carry tools, the travel from the designated place to the work place is part of the day’s work, and must be counted as hours worked regardless of contract, custom, or practice. If an employee normally finishes his work on the premises at 5 p.m., and is sent to another job which he finishes at 8 p.m. and is required to return to his employer’s premises arriving at 9 p.m., all of the time is working time. However, if the employee goes home instead of returning to his employer’s premises, the travel after 8 p.m. is home-to-work travel and is not hours worked. (Walling vs. Mid-Continent Pipe Line Co., 143 F. 2d 308 (C.A.10,1944)
§ 785.39 Travel Away From Home Community.
Travel that keeps an employee away from home overnight is travel away from home. Travel away from home is clearly work time when it cuts across the employee’s workday. The employee is simply substituting travel for other duties. The time is not only hours worked on regular working days during normal working hours, but also during the corresponding hours on non-working days. Thus, if an employee regularly works from 9 a.m. to 5 p.m. from Monday through Friday, the travel time during these hours is work time on Saturday and Sunday as well as on the other days. Regular meal period time is not counted. As an enforcement policy the Divisions will not consider as work time that time spent in travel away from home outside of regular working hours as a passenger on an airplane, train, boat, bus, or automobile.
The City of Seymour would recommend that the day before your designated seminar, school, conference, etc., that you make all the necessary arrangements with your department and leave at a reasonable time to allow traveling. A City vehicle (Envoy) may be taken home the evening prior to leaving, to allow you enough time to report to your designated place.
TRANSPORTATION EXPENSES
When travel is required on all City of Seymour business, a city vehicle should be used. Due to liability purposes, ONLY City Employees can travel in a City vehicle. For travel beyond a two hundred and fifty (250) mile radius of the City, or when an employee’s personal vehicle may be required to be used, approval by the City Administrator will need to be authorized.
All approved transportation expenses will be reimbursed as follows:
a. When employees must use their personal vehicles (in the event a city vehicle is unavailable) all travel mileage will be paid at the rate approved by the IRS per mile plus any parking fees.
b. When City vehicles are used all expenses incidental to the use of such vehicle (parking, gasoline, oil, repairs, etc.) shall be placed on the City of Seymour credit card. Itemized receipts will be required.
FOOD AND LODGING
All expenses incurred are to be paid with a City of Seymour Credit Card. Whenever authorized by the City Council or City Administrator lodging expenses associated with official City business travel shall be reimbursed for actual expenses incurred, or paid in advance directly to the hotel/motel. Receipts will be required upon the return of the traveler. Lodging will be reimbursed at single rates unless two or more employees occupy a single room, or otherwise approved by the City Administrator. It shall be the policy of the City to reimburse for only lodging that is economical and practical. Exceptions to this may be granted when cheaper hotel rooms are unavailable or where conferences are held in or nearby the hotel. A $75 Per Diem per day will be allowed for food expenses.
Itemized receipts are required on all meals.
Example:
Breakfast : Midnight to 10:00 a.m.
Lunch : 10:00 a.m. to 3:00 p.m.
Dinner: 3:00 p.m. to Midnight
Good judgment should be used when using the City of Seymour Credit Card.
Only City Employees are allowed to charge on the credit card.
Alcohol or Liquor will be at the employee’s expense. The City of Seymour will not pay for these expenses. Tipping for meals will not exceed 20% of the restaurant bill.
ENTERTAINMENT
The City Council realizes that from time to time, it is necessary to entertain dignitaries and state, federal, and business representatives whenever it may be deemed in the best interest of the City. Such expenses may be reimbursed at the discretion of the City Administrator. Receipts will be required before reimbursement can be made. Whenever practical, prior authorization should be obtained from the City Administrator.
TRAVEL REPORTS
City of Seymour credit cards will be “checked out” from the Accounts Payable Department or the City Secretary for travel expenses. All itemized receipts from travel related credit card purchases will be submitted to the Accounts Payable Department, and the credit card returned, upon return from business travel. All expenditure reports shall be submitted on forms provided for that purpose as required by City Administrator.
VEHICLE POLICY
PURPOSE OF VEHICLE POLICY
The purpose of these vehicle policies is to provide for the safe and effective utilization of the City vehicle fleet through rules, regulations and procedures.
APPLICABILITY
These policies shall apply to all City owned vehicles and all persons assigned a vehicle, inclusive of operators and passengers.
USE OF CITY VEHICLES
All City equipment and vehicles are intended for official City business use only. The City Council may extend said use according to need and circumstances to another public agency or for uses beneficial to the general public. Use of City equipment and vehicles is limited to the Baylor County area unless otherwise approved by the City Administrator.
OPERATION AND PASSENGERS
Except for maintenance, service and repair, only City officials and employees are allowed to operate a city vehicle. Passengers in city vehicles should be limited to employees or persons on official City business. Use of City vehicles for personal use is prohibited.
USE OF CITY EQUIPMENT AND FACILITIES
The use of City equipment and facilities for private use are prohibited without prior approval of the City Administrator and/or City Council. Under no circumstances shall City equipment or facilities be loaned or rented without this approval.
SAFETY, MAINTENANCE AND CARE
Those personnel assigned use of a vehicle or piece of equipment will be responsible for the maintenance and care of said vehicle/equipment. Damage arising from misuse or neglect attributable to operator negligence is subject to review by the City Administrator and subsequent repair at the expense of employee held responsible for same.
All city vehicles, when parked, should have engine turned off and keys removed, to be covered under insurance, in the event a theft report would need to be filed.
No one shall operate a City vehicle or piece of equipment that is unsafe and the operator will be responsible for exercising good judgment and performing a cursory inspection prior to operating said vehicle or equipment. All operators and passengers will be individually accountable for abiding with all laws pertaining to vehicles and their operation. No one is allowed to operate a City vehicle or piece of equipment while under the influence of alcohol, medication or drugs that is subject to altering judgment or reflex. No person with corrective devices or appliances shall be allowed to operate City equipment or vehicles without same being in place and in good repair. Any person who is injured or becomes ill should use the radio to obtain assistance rather than try to operate a vehicle or piece of equipment.
VEHICLE LOGS
It will be the responsibility of each operator of a City vehicle or piece of equipment to properly fill out any paperwork associated with use, mileage, gas/lubricant applications or any other documentation which may be required from time to time.
MISCELLANEOUS PROVISIONS/ PROPERTY CONTROL
a. Department Heads shall insure that property under their control is properly safeguarded, accounted for, and administered. The Department Head shall maintain or delegate the maintenance of an up-to-date inventory of all City property. All acquisitions, disposal, or transfers of property shall be reported to the City Administrator.
b. Postage, stationery, office supplies, tools, vehicles, and equipment purchased and owned by the City are to be used only in the conduct of City business. No City employee shall use these items in the conduct of his or her personal affairs without prior approval.
c. Employees shall only utilize City reproduction copiers for City business unless making restitution for said use in accordance with established guidelines and procedures.
d. An account of all gasoline purchased and used by the City shall be made and reports of usage filed as required by the City Administrator.
e. Tokens for ice bags are now at City Hall, please sign/date on log sheet when ice is needed for your department.
UTILITIES
Departmental requests for new City electric, gas, and telephone utility installations or additional service must be approved in advance by the City Administrator.
PURCHASES
No purchases shall be made in the name of the City by any employee except by following the procedures outlined in the City purchasing procedure as adopted in Resolution 1342, passed January 19, 2012 and any amendments thereto. (See Exhibit B in back of Personnel Manual)
Purchasing Responsibilities of Employees
City of Seymour employees are responsible to make purchases as they are authorized or directed while safeguarding any credit cards, petty cash or checks that are entrusted to them. The city employee is responsible to provide the receipts for purchases he or she makes. The employee is responsible and accountable for signing invoices and returning same to the Finance Department when the authorized purchase is processed.
Department Heads are required to familiarize themselves with the responsibilities they bear related to budget preparation, budget monitoring, and bid requirements as outlined in Resolution 1342.
It is impossible to overstate the importance of safeguarding the petty cash, checks, and credit cards issued in the name of the city. City employees are prohibited from utilizing City credit cards without the approval of the City Administrator or City Secretary. Opening accounts with businesses using a city credit card, or placing a city credit card on file with any business without permission of the City Administrator is expressly forbidden.
HOUSEKEEPING DUTIES
Department Heads shall be responsible for maintaining neat, sanitary, orderly office spaces, working areas, yards and grounds.
TELEPHONE USAGE
Department Heads shall be responsible for maintaining logs of long distance telephone calls and for assuring that they are only made for necessary City business.
Telephones should be answered promptly and courteously.
Personal calls shall be limited so as not to interfere with City business.
NEWS RELEASES/MEDIA CONTACT
All contact with the media shall be made by, or be made at the direction of the City Administrator. If the City Administrator is unavailable, the statements to the media can be made or authorized by the following city officers in order of preference; the Mayor, the Mayor Pro Tem, or the City Attorney. All news releases by City employees will be approved prior to their release by the City Administrator, or the above listed officers in the same order of preference.
THE PUBLIC INFORMATION ACT
The City of Seymour complies with the Public Information Act, also known as the Open Records Act. Citizens wishing to obtain records or information from the City will be directed to the office of the City Secretary.
City employees will not release copies of documents, tapes, computer disks, nor any other form of record except at the direction of the City Secretary, and according to established procedures.
City employees are expected to familiarize themselves with the Public Information Act poster(s) in City Hall, and refrain from any actions which are prohibited by the statute.
INTERNET AND E-MAIL USAGE
With the development of the City’s computer network and the usage of the Internet and electronic mail (e-mail), it is necessary to establish guidelines for all employees to follow. The privilege of using the City computer system is based on the premise that each employee will strictly adhere to these rules.
a. Internet sites should only be accessed to retrieve appropriate correspondence and communication related to your employment. Appropriate is defined as what is morally correct, free of antisocial behaviors, pornography, and any form of abusive or obscene behavior. The creating, sending or forwarding of Internet or e-mail messages which are offensive, intimidating, harassing, disparaging or hostile on the basis of race, gender, color, religion, national origin, sexual orientation, disability, age, political beliefs, pregnancy, or any legally protected status is grounds for disciplinary action, up to and including termination. The city does not sanction connections to sites that contain sexually explicit material.
b. Employees will follow the copyright laws dictated by the current
regulations of the US Government.
c. Employees will not access sites on the Internet that may charge for services, software, literature, or any other use. It is also against the Purchasing Policy for the City of Seymour, to make any purchase on the Internet or via e-mail without approval of the City Administrator or City Secretary.
d. Employees will not attempt to alter nor deface any Web Page in any
manner.
e. Employees will not download any files, programs or applications without prior approval from their Department Head. When approved by the Department Head for download, the item must be legal, acceptable and virus-checked.
f. Employees will not download pictures, screen savers, video clips, articles or sound clips to the City computer.
g. Employees will not visit on-line “chat rooms”, face book, or any other
social network sites during City business working hours.
h. If an employee, by mistake or mistype, finds the computer in an inappropriate place, he or she shall close the browser immediately by clicking the “X” in the top right corner of the screen. Employees should be aware that actions taken on the computer are recorded with times and sites visited, so honesty is the best policy. The Department Head should be notified of the mistake, because it should be assumed that every Internet site that the employee visits will “capture” their electronic address that can lead back to the City.
- Employees shall not misrepresent themselves as another person on the
Internet.
j. No employee shall conduct any other than City business on city computers, and no employee shall attempt to make a personal profit from the City computer systems.
k. Each employee on the Internet will follow all applicable federal and state
laws pertaining to the Internet.
l. No employee shall open any e-mail attachment from anyone that they do not know personally; meaning the employee knows this persons name, mailing address, and telephone number. No attachment with the “.exe” suffix shall ever be opened, unless the attachment was sent per the request of the employee.
m. Any e-mail received that is not related to the employee’s job classification should be deleted. Employees are prohibited from creating or forwarding to anyone e-mail containing jokes, cartoons, funnies, religious materials, or any other information not related specifically to their job classification.
n. No employee has a privacy right in any matter created, received or sent via the City e-mail. The City reserves the right without advance notices at anytime to monitor, to access or to disclose any e-mail on the City’s e-mail system.
o. Sending chain letters or promoting pyramid schemes on the Internet or e-
mail is prohibited.
p. Confidential or sensitive data should not be sent over the Internet. The confidential information of the City is protected under Texas Law, and the employees are responsible for maintaining this confidentiality.
q. Every e-mail that is related to City business is a record, and thus may be covered under the Public Information Act. All city e-mail should be saved and the Records Management Officer; the City Secretary, should be provided with copies of these records on a computer disk periodically.
CELLULAR PHONES, ELECTRONIC PAGING DEVICES, TWO-WAY RADIOS WIRELESS PERSONAL COMMUNICATIONS DEVICES AND TEXTING
It is the purpose of the City of Seymour to provide cellular telephones, electronic paging devices, vehicle radios, and wireless personal communications devices to employees in order to improve productivity, enhance customer service to our citizens, enhance the safety of city employees, and to enhance public safety services.
Employees have no right to privacy, or to the expectation of privacy concerning any message communicated through electronic means when City owned equipment is used. Under no circumstances shall City owned equipment be used to conduct a business not related to the City of Seymour. Employees should not use cellular telephones to discuss confidential or sensitive information, as cellular telephone conversations are not secured.
Employees should use land-line telephones whenever possible, to minimize the per minute cost associated with the cell phones.
Communication on the two-way radio should be conducted according to the established procedures and all messages should be kept as brief as possible.
Employees are responsible for, and will be held accountable for, safe driving at all times. Recommendations for safe handling of vehicle-based calling from the wireless communications industry include the following:
a. When driving: use voice-activated dialing; have frequently called numbers pre-programmed into the device; pull off the road to dial; or ask a passenger to dial.
b. Do not use the wireless communications device at all if there are
hazardous road or traffic conditions.
c. Avoid multiple tasks when driving, such as trying to take notes while you are using a wireless communications device.
PERSONAL CELL PHONE USAGE
On occasion, an employee may find him/herself required to make a phone call and not have a city-owned cell phone available. Occasionally, the offices or Department Head may phone an employee on the employee’s personal cell phone, because it is more reliable, has better reception/coverage area, or because the employee does not have a city-owned cell phone. In these cases, it is acceptable for the employee to present his/her next cell phone bill, with the city business call(s) noted, for reimbursement to the City Finance Office to the Accounts Payable clerk. Any employee choosing to apply for reimbursement of their city-business cell phone call(s) on their personal wireless cell phone, is STRONGLY encouraged to photocopy the cell phone bill, and redact/black out all other personal cell phone calls on the bill— to protect the privacy of their calling history. Employees are reminded that once information is given to the City Finance office, it becomes public record and may be released under the Public Information Act. The reimbursement for the city-business related calls will be only actual cost—– the rate that the airtime costs the employee.
PROFESSIONAL MEMBERSHIPS AND SUBSCRIPTIONS
The City will participate in the cost of professional memberships and subscriptions for employees applicable to their positions; provided the necessary funds are available. Requests for memberships and subscriptions must by approved by the City Administrator prior to participation.
LUNCH PERIODS
The scheduling of employee lunch periods will be determined by the Department Head and/or City Administrator to facilitate serving the public and permitting efficient Department operations. Lunch periods shall not exceed one (1) hour in duration except for business lunches in which case the employee shall return to work within a reasonable time upon completion of the business lunch. Lunch periods will not start earlier than 1 hour after reporting for work and not later than 2 hours prior to the end of the workday.
An employee will not work through their lunch period in order to extend paid time or to otherwise modify his or her established work schedule unless extenuating circumstances justify an exception to the lunch period policy and is approved by the City Administrator or City Secretary.
UNAUTHORIZED OR IMPROPER USE OF OFFICIAL BADGE OR UNIFORM
No official or employee whose duties involve the use of a badge, card, uniform or clothing insignia as evidence of authority or for identification purposes shall permit such badge, card, uniform or insignia to be used or worn by another person who is not authorized the use or wear of same, nor permit same to be out of his or her possession without good cause or approval of the City Administrator. Such badge, card, uniform or insignia shall be used only in the performance of the official duties of the position to which they relate or as may be otherwise approved by the City Administrator.
SMOKING IN THE WORKPLACE
To protect the health of all employees and avoid conflicts between smokers and non-smokers the City will have a policy of “Smoke-Free Buildings” for such enclosed buildings as City Hall, the Salt Fork Municipal Golf Complex and the Portwood Arts and Civics Center. For open air-buildings such as the City Barn and the Reverse Osmosis Plant, the Department Head may establish a smoking policy to accommodate the preferences of employees at that work site. In the event differences cannot be resolved the City Administrator shall be responsible for fashioning an equitable policy.
AIDS IN THE WORKPLACE
The City recognizes that many employees with life-threatening illnesses desire to maintain their normal routines, which includes working as long as their health permits. Employees with AIDS or other serious illnesses are entitled to the same employment benefits as are other City employees who have medical problems and the City will make reasonable job accommodations according to applicable law. Employees with AIDS will be allowed to work as long as they are able to safely perform their job duties. The City will reserve the right to require an employee to undergo a medical examination by a doctor chosen by the City whenever there is a question of an employee’s fitness to work.
SAFETY POLICY AND SAFETY MANAGER
SAFETY POLICY
Department Heads shall be responsible for preparing and promulgating safety procedures applicable to all personnel and operations under their control. Each employee is required to adhere to all safety procedures set forth by City, State and Federal agencies. It is the obligation of all employees to report any unsafe conditions to the appropriate Department Head and to inform their supervisor of any on-the-job injury or accident.
SAFETY MANAGER
The City Administrator or a designated employee shall be the safety manager and have the responsibility for the City’s safety program. City employees are expected to follow safety practices, adhere to safety rules, and support the program set forth by the City and safety manager. Every effort should be made to reduce the costly and unnecessary burden of accidents. Failure to abide by safety policies constitutes grounds for disciplinary action dismissal.
VIOLENCE-FREE WORKPLACE
It is the purpose of the City of Seymour to provide a safe and secure working environment for all City Employees. It is in the City’s best interest to restrict the possession and use of weapons by City employees while on City premises and/or while on-duty.
City employees (includes all regular and temporary, full or part-time, seasonal, or volunteer employees) on-duty while on City premises–defined as the buildings or any portions of the buildings owned, leased or otherwise controlled by the City of Seymour–are strictly prohibited from carrying, concealed or unconcealed, or using any type of weapon with the exception of duly authorized and licensed Peace Officers, Animal Control Officer on duty and City Administrator who has received appropriate training as authorized by the City Council.
The definition of a weapon is all weapons defined under Chapter 46 of the Texas Penal Code except legal knives, which include the following: a club, explosive weapon, firearm, handgun, illegal knife, machine gun, short-barrel firearm, switchblade knife, chemical dispersing device (does not include small chemical dispenser sold commercially for personal protection), and zip gun.
This prohibition includes employees conducting official City Business at a location outside the physical City limits of the City of Seymour, or at a “designated work site” which is not a City building.
These restrictions include any employee licensed to carry a concealed handgun under the Authority of Article 4413 (29 ee), Title 70, Revised Statutes.
City employees found in violation of this policy are subject to disciplinary action. Each employee is responsible for the consequences of his own acts.
A City employee who knowingly violates this policy and whose conduct constitutes a criminal act shall not be defended nor indemnified by the City for any criminal charges or civil suit that may result from his or her action.
CITY OF SEYMOUR DRUG AND ALCOHOL-FREE POLICY
W/ DRUG TESTING POLICY
A. Policy Statement and Scope. It is the desire of the City Council of the City of Seymour, Texas to enhance job performance and to protect the health and safety of employees of the City, by adopting a policy which will identify and remove from the work place the adverse effects of illegal drugs, alcohol, inhalants and prescription drugs which are misused. The purpose of this policy is to regulate the use of such substances in the manner set forth herein. Although the City does not now sponsor nor provide specific educational or assistance programs for employees found in violation of this policy, the City will, in appropriate circumstances, encourage employees to seek treatment, assistance and educational assistance through various sources available within the community. Some of such assistance may be covered by an employee health insurance policy.
It is also the policy of the City of Seymour, Texas to maintain a drug-free work environment through the use of reasonable employee drug testing program. The City of Seymour and the citizens of Seymour, Texas have compelling interests that justify the use of employee drug testing.
The law enforcement profession has several uniquely compelling reasons that justify a drug-testing program. Where law enforcement officers and department personnel participate in illegal drug use and drug activity, the integrity of the law enforcement profession and public confidence in that integrity are destroyed. This confidence is further eroded by the potential for corruption created by drug use.
Therefore, in order to ensure the integrity of the Seymour Police Department and the non-police employees of the City of Seymour, Texas and to preserve the public trust and confidence in a fit and drug-free employee force, the City of Seymour, Texas shall implement a drug-free workplace and drug testing program to detect prohibited drug use by all employees. This policy applies to all city employees regardless of rank or position and includes temporary and part-time employees and volunteer fire fighters.
B. Definitions. As used in this policy the following terms shall have the respective meanings assigned to them below:
Applicant is an individual offered employment with the City of Seymour, Texas and shall include any person being promoted, demoted, or transferred to another position, job, or responsibility with the City of Seymour, Texas.
Aliquot is a portion of a specimen used for testing.
Chain of custody is the method of tracking each urine specimen to maintain control from the initial collection to final disposition for such samples and accountability at each stage of handling, testing, storing, and reporting.
City premises shall mean all locations or real property owned or leased by the City or upon which City activities are conducted, including, without limitation, lockers and parking lots.
City property shall mean all property owned or leased by the City including, without limitation, City vehicles, employees’ lockers, employees’ desks and employee closets.
Collections site is a place where applicants or employees present themselves to provide, under controlled conditions, a urine specimen which will be analyzed for the presence of drugs.
Collection site person is a person who instructs individuals at the collections site and who receives and makes initial examination of the urine specimen provided by those individuals.
Confirmatory test is an analytical procedure which is independent of the initial test to identify the presence of a specific drug or metabolite and which uses a different chemical principle from that of the initial test to ensure reliability and accuracy. At this time gas chromatography/mass spectrometry (GC/MS) is the accepted standard confirmation method for cocaine, marijuana, opiate, amphetamine, and phencyclidine.
Confirmed positive result is the presence of an illicit substance in the pure form or its metabolites at or above the specified cutoff level identified in two consecutive tests which employ different test methods and which was not determined by the appropriate medical, scientific, professional testing or forensic authority to have been caused by an alternate medical explanation or technically insufficient data.
Controlled substance shall mean any substance listed in Schedules I-V of Section 202 of the Controlled Substance Act (21 U.S.C. Sec. 812) as amended. Copies of this listing are maintained for employee review by management.
Drug shall mean any chemical substance, including controlled substances and alcohol, which produces physical, mental, emotional or behavioral change in the user.
Drug paraphernalia shall mean any equipment, product or material that is used or intended for use in injecting, ingesting, inhaling or otherwise introducing into the human body an illegal drug or controlled substance or any equipment, product or material used in concealing an illegal drug or controlled substance.
Drug test is the compulsory production and submission of urine by an employee in accordance with City of Seymour procedures, for chemical analysis to detect prohibited drug usage.
Employee is any person employed by the City of Seymour, Texas, in any capacity, whether regular or part time.
Illegal drug shall refer to any drug or derivative thereof the use, possession, sale, transfer, attempted sale or transfer, manufacture or storage of which is illegal or regulated under any federal, state, or local law or regulation and any other drug, including, but not limited to, a prescription drug, used for any reason other than a legitimate medical reason on advice of a licensed physician. Including within this list, without limitation, are inhalants which are taken internally or ingested and marijuana or cannabis in all forms.
Initial test is a screen to eliminate negative urine specimens from further consideration.
Medical review officer is a licensed physician or physician’s assistant who reviews and interprets positive results of confirmatory test and evaluates those results together with medical history or any other relevant biomedical information to confirm positive results. This person has knowledge of substance abuse and appropriate medical or forensic training.
Negative result is the absence of illicit substance in the pure form or its metabolites in sufficient quantities to be identified by either an initial screen or confirmatory test or as determined by the medical review officer.
Policy shall refer to the regulations set forth in this Section, as amended.
Reasonable suspicion is that quantity of proof or evidence that is more than a hunch, but less than probable cause. Reasonable suspicion must be based on specific, objective facts and any rationally derived inferences from those facts about the conduct of an individual that would lead the reasonable person to suspect that the individual is or had been using drugs while on or off duty. Circumstances which constitute a factual basis for determining reasonable suspicion may include, but are not limited to:
1. Direct observation of drug or alcohol use or possession;
- Possession of drug paraphernalia;
- Observation of physical symptoms of drug or alcohol use, such as slurred speech, red watery eyes, dilated pupils, drowsiness, or sleeping;
- Sudden, unexplained personality changes, drastic mood swings, or changes in personal habits, including inattention to personal hygiene or frequently borrowing money;
- Documented deterioration of an employee’s job performance, which may include excessive absenteeism or tardiness;
- Information provided by a reliable or credible source which is independently corroborated;
- Involvement in accidents or injuries in which obvious precautions were not taken, improper or careless orders were given, or an unusually reckless attitude is present;
- Arrest or conviction for a drug or alcohol-related offense on or off the job, or the identification of an employee as the focus of a criminal investigation into illegal drug use, possession, or trafficking.
Safety sensitive employee is any sworn person or any person who is responsible for entry into the police department’s computer (LEADERS).
Supervisor is any employee assigned to a position having day-to-day responsibility for supervising subordinates, or who are responsible for commanding a work element.
Sworn employee is any employee who has been formally vested with full law enforcement powers and authority.
Testing shall mean urine, blood or breathe tests to determine the presence of drugs.
C. Prohibitions. The following rules shall apply to all applicants, employees, and sworn employees, while on or off duty. Disciplinary measures in addition to those described herein, may be enforced for Seymour Police Department personnel, in accordance with the police departmental policy.
Any of the following actions constitute a violation of this policy and
employees of the City are hereby prohibited from doing any of the
following:
(1) Using, selling, purchasing, transferring, possessing, manufacturing, or storing any controlled substance or dangerous drug as defined by Chapter 481, Texas Controlled Substances Act, Health and Safety code or drug paraphernalia, or attempting or assisting another to do so, while: (i) in the course of their employment, (ii) engaged in a City sponsored activity, (iii) on City premises, (iv) in a City owned, leased or rented vehicle or (v) on City business, regardless of the location.
(2) Working or reporting to work, conducting City business or being on City premises or in a City owned, leased or rented vehicle while under the influence of an illegal drug, alcohol or in impaired condition.
(3) Switching, adulterating or attempting to tamper with any sample submitted for testing, or other interference or attempt to interfere with the testing process provided for by this policy.
(4) Ingesting any controlled or otherwise dangerous substance, unless as prescribed by a licensed medical practitioner.
(5) Failing to notify their immediate supervisor when required to use prescription medicine that they have been informed has the potential to impair job performance. City employees taking drugs prescribed by a licensed physician must advise their supervisor in writing of the possible effects of such medication on their job performance and physical/mental capabilities. This information will be kept confidential by the supervisor but may be provided to other supervisory personnel. The employee may be temporarily reassigned to other duties, where appropriate, or given sick leave.
(6) Ingesting any prescribed or over the counter medications in amounts beyond the recommended dosage.
D. Further Requirements. Any employee having a reasonable basis to believe that another employee is illegally using, or is in possession of, any controlled substance or dangerous drug shall immediately report the facts and circumstances to his supervisor.
Any employee who unintentionally ingests, or is made to ingest, a controlled substance or dangerous drug shall immediately report the incident to his supervisor so that appropriate medical steps may be taken to ensure the employee’s health and safety.
E. Employees on Designated Stand-By Status Or Subject To Call-Back
1. On-call employees. Employees who are designated for “on-call status” are expected to be free of alcohol or illegal drugs, and available to report to work for the duration of their on-call status. “On-call” employees who fail to report to a call to duty, or who report for duty under the influence of drugs or alcohol, may be subject to drug and alcohol testing and discipline, including dismissal.
2. Emergency duty. The city recognizes that, in rare instances, employees who are not designated for call-back may be requested to report for emergency or unexpected duty. Employees who may be under the influence of alcohol or legally obtained medication must report this fact to their supervisor before or when reporting for duty. Based on this report, the supervisor and employee may jointly decide whether the employee may perform requested duties while under such influence. In no event, however, will employees reporting to emergency duty under the influence of drugs, alcohol or legally obtained medication be allowed to operate vehicles or mobile equipment. Employees may decline calls for emergency duty because of off-duty use of alcohol or legally obtained drugs. In this event, the employee will not be subject to any disciplinary action or penalty.
F. Off-Duty Conduct
It is not the city’s intent to intrude upon the private lives of its employees. The city does, however, reserve the right to take disciplinary action, up to and including dismissal, in the event that an employee’s off-duty involvement with illegal drugs or alcohol is damaging to the city’s reputation or business, or interferes with the employee’s job duties.
G. City Social Functions
This chapter does not prohibit the moderate use of alcoholic beverages at city sponsored social functions if such social functions do not involve the use of a city vehicle to or from the event.
H. Searches.
(1) The City reserves the right to conduct searches or inspections of an employees person or personal effects including, without limitation, purses, briefcases, and motor vehicles located on City premises based on reasonable cause, as well as City property used by an employee, including, without limitation, lockers, desks and offices whether secured, unsecured, or secured by a lock or locking device provided by the employee based on reasonable suspicion.
(2) Searches of the person shall include the emptying of pockets and the production of other items concealed in clothing. It shall not include a pat- down search.
(3) The City may, with the aid of trained drug detection dogs, conduct random, unannounced searches of City property and premises and employees personal property located on City premises, to include, but not limited to, lockers, desks, personal vehicles, purses and briefcases.
(4) Any item found during a search believed to be an illegal drug or drug paraphernalia will be confiscated by the City. The individual from whom the item or substances have been confiscated will be given a written receipt listing the item or substances seized.
I. Random Drug Testing.
As a condition of employment or continued employment and the trust placed in them by the citizens of Seymour, Texas, employees, including the Mayor and members of the City Council, shall be required to participate in any unannounced mandatory random drug test, the frequency and timing of such tests to be determined by the City Administrator or his designee in order to ascertain prohibited drug use.
Procedures for drug testing on random selections basis:
- All members of the Seymour Police Department will be tested at least one time each calendar year. Orders of testing will be in a random basis selection.
- Non-police employees will be tested on a random basis as prescribed by the City Administrator.
J. Reasonable Suspicion Basis
Any employee may be required to submit to a test or testing when there is reasonable suspicion that drugs or alcohol are affecting job performance and conduct in the work place or have contributed to an on-the-job accident. Such testing must be requested by: (i) a Department Head with the concurrence of the City Administrator or (ii) the City Administrator.
Refusal by an employee to submit to testing will be considered grounds for disciplinary action under this policy.
Any department head that has reasonable suspicion that another employee is using illegal drugs or controlled substances shall immediately advise the employee of the basis for the reasonable suspicion and order the employee to take a drug test.
Any non-department head employee who has a reasonable suspicion that another employee is using illegal drugs or controlled substances shall immediately report the facts and circumstances which form the basis for the reasonable suspicion to their supervisor. Failure to do so shall subject the employee to disciplinary action.
The person ordering an employee to submit to a drug test shall prepare a report setting forth the specific facts and reasons which form the basis for the reasonable suspicion that lead to the order for the testing. The report shall be maintained by the City Administrator in strict confidentiality until it shall be disposed of.
The person ordering an employee to submit to a drug test shall immediately notify the collection site that the suspected employee will require a drug test. The person who orders the test shall arrange to have the suspected employee immediately transported to the collection site and shall arrange for the suspected employee to be absent from their assignment for this purpose in the most discreet manner, and whenever possible, without advising additional personnel of the reason for the employee’s absence.
If the collection site personnel are not available, the person who orders the drug test shall arrange to have the suspect employee immediately transported to the Seymour Hospital Emergency Room to provide a urine sample for a drug-screening test.
K. Pre-Employment Testing.
All job applicants will be required to sign a consent form authorizing pre-employment drug and alcohol testing and the use of test results in employment decisions. Applicants who refuse to sign the consent form will not be considered for employment.
Any applicant may be required to submit to a test as a part of the applicant screening process.
Applicants for any position with the City of Seymour, Texas shall be required to take a drug test as a condition of employment.
Every vacancy announcement shall state:
“Any applicant tentatively selected for this position will be required to submit to testing to screen for illegal drug use prior to employment.”
In addition, each applicant will be notified that employment in the position will be contingent upon a negative drug test result. Failure of the vacancy announcement to contain this statement will not preclude applicant testing if advance written notice is provided to applicants in some other manner.
Applicants shall be disqualified from further consideration for employment under the following circumstance:
Refusal to sign consent form, refusal to submit to a required drug test, or a confirmed positive drug test indicating drug use prohibited by this policy. Such rejected applicant will not be considered for employment by the City for a period of one year.
L. Promotions
A drug test shall be administered as part of any regular physical examination required by the City of Seymour, Texas or as part of any physical examination required for promotion.
M. Self-Declaration as a Substance Abuser
Any employee who is aware that they are dependent upon narcotics, whether prescribed or otherwise, or upon controlled substance or types of drugs, or alcohol, and who voluntarily admits same by so advising the City Administrator of the City of Seymour, shall not be disciplined. Any employee may identify him or herself at any time as an abuser of drugs or alcohol and voluntarily through a recognized treatment program approved by the city, seek counseling and rehabilitation. In these instances, the employee will be permitted the use of available leave as approved by the City Administrator. Employees undergoing treatment will be required to authorize disclosure of their progress in treatment to the City Administrator. Employees who fail to actively participate in and comply with the rules of the rehabilitation program will be subject to immediate revocation of their leave and dismissal from employment.
Self-declaration as a substance abuser may not be used to avoid drug or alcohol testing. This section is not intended to provide a means for an employee to avoid any required drug and alcohol testing. Once the process of establishing reasonable suspicion has been initiated, or an accident or injury has occurred or the employees name has come up for the random test, an employee may not seek treatment in an effort to avoid testing and possible disciplinary action.
N. Drug or Alcohol Convictions
Notification required. Any employee who is convicted of any criminal activity involving the illegal use or possession of drugs must notify the employee’s supervisor no later than five days after a conviction. Failure to do so may result in disciplinary action, including dismissal.
Conviction during working hours. Employees who plead guilty or nolo contendere to a violation of criminal drug and alcohol statutes which occurred during working hours shall be dismissed from employment.
Other Convictions. Except as provided by Subsection (b), employees who are convicted under any drug or alcohol statute may be allowed to remain employed by the city, depending on the circumstances of their arrest and conviction, and the nature of their position with the city. Continued employment with the city will be contingent upon the employee’s active participation in a recognized treatment program and the employee’s work performance. Any convicted employee who is allowed to remain employed will be subject to periodic testing.
O. Post-Accident Drug Testing
A drug test specimen will be required within four hours of the accident or incident of employees, who in the performance of their duties are involved in an incident, a motor vehicle accident, or motorized equipment accident resulting in one or more of the following:
- Bodily injury which requires medical treatment,
- A city vehicle or other city property is involved,
- Any damage to city vehicles or equipment over $500.00,
- A fatality occurs, or
5. The city employee receives a citation under State or Local law for a moving traffic violation arising from the accident.
6. Post-accident drug testing in those situations where required by the U.S. Dept. of Transportation is mandatory.
In the event that the accident involved a third person (not a City of Seymour
employee) but none of the above criterion apply, the City Administrator will have
discretion regarding the necessity for a drug test.
Employees who drive City vehicles or equipment home, will be subjected to testing after motor vehicle accidents/incidents as described in items #1- #6 above, regardless whether the accident /incident occurs on or off duty.
P. Test Results. A positive test indicating the presence of controlled substances or illegal drugs shall be grounds for discipline under this policy. A positive test shall mean either the presence of an illegal drug, alcohol or controlled substance or the presence of a medication which is not prescribed by a licensed physician or which is prescribed by a licensed physician but has not been taken in accordance with the instructions of any such licensed physician. Sample testing procedures shall conform to scientifically accepted analytical methods and procedures and shall include confirmation of any positive test result by gas chromatography mass spectroscopy or other comparably reliable analytical method, before the results of any test may be used as a basis for any action. Both the screen and confirmatory urine testing will follow the guidelines adopted by the United States Department of Health and Human Services.
Negative test results are those results of employee screening tests which indicate that no alcohol or drugs are in the employees system other than medication or drugs prescribed by a licensed physician which are used in the manner prescribed by any such physician.
Q. Substances to be Screened
Samples from applicants and employees will be screened in all cases to identify the following classes of substances;
- Marijuana/cannabinoids (THC)
- Cocaine metabolites
- Opiates
- Phencyclidine (PCP), and
- Amphetamines/methamphetamines.
When testing specimens obtained from employees under the conditions of reasonable suspicion, the City Administrator for the City of Seymour, Texas, may approve screening to identify any additional substance listed in Schedules I through IV of the Texas Controlled Substance Act (Chapter 481, Health and Safety Code).
R. Drug Testing Procedures
The testing procedures and safeguards provided in this policy to ensure the integrity of the City of Seymour drug testing shall be adhered to by any personnel administering drug tests.
Personnel authorized to administer drug test shall require positive identification from each employee to be tested before they enter the testing area.
A pre-test interview shall be conducted by testing personnel with each employee in order to ascertain and document the recent use of any prescription or non-prescription drugs, or any indirect exposure to drugs that may result in a false positive test result.
The bathroom facility of the testing area shall be private and secure.
Authorized testing personnel shall search the facility before an employee enters it to produce a urine sample, and document that it is free of any foreign substances.
The employee to be tested shall disrobe before entering the bathroom facility, and be provided a light robe.
Testing personnel of the same sex as the employee shall be present, but shall not observe production of the urine sample.
Where the employee appears unable or unwilling to give a specimen at the time of the test, testing personnel shall document the circumstances on the drug test report form. The employee shall be permitted no more that four (4) hours to give a sample, during which time they shall remain in the testing area, under observation. Reasonable amounts of water may be given to the employee to encourage urination. A blood test may be administered, At City Administrator’s discretion, in lieu of urine testing in those instances where it is apparent that the City employee being tested cannot provide sufficient urine within the required four hour time frame providing that all applicable protocols regarding blood drug testing procedures are strictly adhered to.
Failure to submit a sample shall be considered a refusal to submit to a drug test.
The urine sample shall be split and stored in case of legal disputes. The urine samples must be provided at the same time, and marked and placed in identical specimen containers by authorized testing personnel. One sample shall be submitted for immediate drug testing. The other sample shall remain at the facility in frozen storage. This sample shall be shipped to a laboratory specified by the employee or their attorney should the original sample result in a legal dispute or the chain of custody be broken.
Specimen samples shall be sealed, labeled, and checked against the identity of the employee to ensure the results match the tested specimen. Samples shall be stored in a secured and refrigerated atmosphere until testing or delivery to the testing lab representative.
S. Drug Testing Methodology
1. The testing or processing phase shall consist of a two-step procedure;
A. An initial screening test
B. A confirmation test.
2 The urine sample is first tested using the initial drug screening procedure. An initial positive test result will not be considered conclusive; rather, it will be classified as “confirmation pending”. Notification of test results to the supervisor or other City of Seymour designee shall be held until the confirmation test results are obtained.
3. A specimen testing positive on the initial screening test will undergo an additional confirmatory test. The confirmation procedure shall be technologically different and more sensitive then the initial screening test.
4. The drug screening tests selected shall be capable of identifying marijuana, cocaine, and every major drug of abuse including heroin, amphetamines and barbiturates. Personnel utilized for testing will be certified as qualified to collect urine samples or adequately trained in collection procedures.
- Concentrations of a drug at or above the following levels shall be considered a positive test result when using the initial immunoassay drug screening test:
Initial test Level (ng/ml)
Marijuana metabolite………………………………………………….. 100
Cocaine metabolite………………………………………………………300
Opiate metabolites……………………………………………………….300*
Phencyclidine………………………………………………………………..25
Amphetamines……………………………………………………………1000
*25 ng/ml if immunoassay-specific for free morphine.
Concentrations of a drug at or above the following levels shall be considered a positive test result when performing a confirmatory GC/MS test on a urine specimen that tested positive using a technologically different initial screening method.
Marijuana metabolite……………………………………………………….15*
Cocaine metabolite…………………………………………………………150**
Opiates:
Morphine……………………………………………………………..300+
Codeine………………………………………………………………. 300+
Phencyclidine…………………………………………………………..25
Amphetamines:
Amphetamine………………………………………………………..500
Methamphetamine………………………………………………….500
* delta-9-tetrahydrocannabinor-9-carboxylic acid
** benzoylecgonie
+ 25ng/ml if immunoassary-specific for free morphine
- The laboratory selected to conduct the analysis shall be experienced and capable of quality control, documentation, chain of custody, technical expertise and demonstrated proficiency in urinalysis.
- Employees having negative test results shall receive a memorandum stating that no illegal drugs were found. If the employee requests such, a copy of the letter will be placed in the employee’s personnel file.
T. Chain of evidence – storage
Each step in the collecting and processing of the urine specimen shall be documented to establish procedural integrity and the chain of custody.
Where a positive result is confirmed, urine specimens shall be maintained in a secured, refrigerated storage for an indefinite period
U. Drug Test Results
1. All records pertaining to City of Seymour required drug tests shall remain confidential, and shall not be provided to other employers or agencies without the written permission of the person whose records are sought.
2. Drug test results and records shall be stored and retained in compliance with state law, or for an indefinite period in a secured area where there is no applicable state law.
- Drug test results and records shall be used for internal administrative purposes and shall not be used for purpose of criminal prosecution without the written consent of the person whose records are sought to be used.
- Records pertaining to the testing of employees of the City of Seymour are not subject to the open records act and shall remain the confidential internal records of the City Administrator of the City of Seymour, Texas.
V. Testing Sites and Sample Collection:
The City of Seymour collection sites are:
a. United Reference Laboratory – Wichita Falls Texas
b. Seymour Hospital Laboratory – Seymour, Texas
c. Any other site which may be so designated by the City
Administrator of the City of Seymour, Texas.
W. Disciplinary action. Any violation of this policy by an employee may result in termination of service. The disciplinary action taken by the City with respect to a particular employee shall be that deemed appropriate law enforcement agency.
1. No disciplinary action shall be taken against an employee, who had been ordered to take and has taken, a drug test based on reasonable suspicion, during the period between the time he is ordered to take the test and the time the authorizing supervisor is notified of the test results.
2. If the confirmatory test of an employee’s specimen indicates a positive result, the department head or the City Administrator shall initiate procedures to dismiss the employee. If the employee is a member of the Seymour Police Department, the Chief of Police shall take action as outlined in the policy manual of the Seymour Police Department.
X. Changes in policy. The City reserves the right to interpret, change, suspend, cancel or dispute, with or without notice, all or any part of this policy, or the procedures set forth herein. Employees will be notified before implementation of any change.
Y. No contract. Although adherence to this policy is considered a condition of continued employment, nothing in this policy alters an employees status and shall not constitute nor be deemed a contract or promise of employment.
Z. Other laws and regulations. The provisions of this policy shall apply in addition to, and shall be subordinate to, any requirements imposed by applicable federal, state or local laws, regulations or judicial decisions. Unenforceable provisions of this policy shall be deemed to be deleted and shall not affect the enforceability of other portions of this policy.
AA. Administrative Action. The City Administrator and all Department Heads are directed to circulate written copies of this policy to all current City employees and are directed to provide each applicant for employment with the City with a written copy of this policy at the time of such application. Each employee and applicant shall acknowledge receipt of a written copy of this policy in the following form:
I, the undersigned, hereby acknowledge receipt of a copy of the Drug-Free Workplace Policy of the City of Seymour, Texas. If I am currently an employee of the City, I also acknowledge that the provisions of this policy are part of the terms and conditions of my employment and that I agree to abide by them. If I am an applicant, I also acknowledge that the provisions of this policy will be part of the terms and conditions of my employment, if I am offered employment with the City of Seymour, Texas, and I agree to abide by them if I am offered employment by the City of Seymour, Texas.
Date: ___________________
Signature of applicant/employee:____________________________
________________________________
Printed Name
____________________________________
Social Security Number
Further, the City Administrator is authorized to promulgate such rules and regulations as he deems reasonably necessary to implement and carry out this policy.
SOCIAL SECURITY
SOCIAL SECURITY-ENTERING INTO AGREEMENTS
The City Council, acting for and on behalf of the City, shall enter into all necessary agreements with the state department of public welfare for the purpose of carrying out the provisions of (1) and (2) Public Law 734, 81st Congress to secure the benefits of federal old age and survivors insurance, as outlined in said laws.
SAME-AGENT TO EXECUTE AGREEMENTS
The Mayor is hereby appointed an agent of the City Council and for the City to execute all necessary agreements and instruments for and in behalf of the City Council and the City.
SAME-OFFICER DESIGNATED TO MAKE REPORTS
The City Secretary is hereby directed to be the person responsible for making assessments, collections, payments and reports, as required by the state department of public welfare.
TEXAS MUNICIPAL RETIREMENT SYSTEM-AUTHORIZATION OF
UPDATED SERVICE CREDITS
a. On the terms and conditions set out in Section 63.401 through 63.403 of Title 110 B, Revised Civil Statutes of Texas, 1925, as amended, each member of the Texas Municipal Retirement System who has current service credit or prior service credit in said system in force and effect on the first day of January, 1989, by reason of service in the employment of the City of Seymour, and on such date has at least thirty six (36) months of credited service with said system, shall be and is hereby allowed “updated service credit” (as that term is defined subsection (b) of Section 63.402 of said title) in the amount that is one hundred (100) per cent of the “base updated service credit” of the member (calculated as provided in subsection (c) of Section 63.402 of said title). The updated service credit hereby allowed shall replace any updated service credit, prior service credit, special prior service credit or antecedent service credit previously authorized for part of the same service.
b. In accordance with the provisions of subsection (d) of Section 63.401 of said title, the deposits required to be made to the Texas Municipal Retirement System by employees of the several participating departments on account of current service shall be calculated from and after the date aforesaid on the full amount of such person’s earnings as an employee of the City.
SAME – INCREASE IN RETIREMENT ANNUITIES
a. On terms and conditions set out in Section 64.203 of Title 110b, Revised Civil Statutes of Texas, 1925, as amended, the City of Seymour hereby elects to allow and to provide for payment of the increases below-stated in monthly benefits payable by the Texas Municipal Retirement System to retired employees and to beneficiaries of deceased employees of this City under current service annuities and prior service annuities arising from service by such employees to this City. An annuity increased under this section replaces any annuity or increased annuity previously granted to the same person.
b. The amount of annuity increase under this section is computed as the sum of the prior and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by seventy (70) per cent of the percentage change in the consumer price index for all urban consumers, from December of the year immediately preceding the effective date of the person’s retirement to the December that is thirteen (13) months before the effective date of this section.
c. An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced.
d. If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereby.
e. The amount by which an increase under this section exceeds all previously granted increases to an annuitant is an obligation of this City and of its account in the municipality accumulation fund of the Texas Municipal Retirement System.
PERSONNEL POLICY RECEIPT ACKNOWLEDGEMENT
I, _____________________________________, hereby certify that I have been
given a copy of the Personnel Policy Manual of the City of Seymour this
______ day of ____________________________, 20____.
_________________________________________
Employee’s Signature
PASSED AND APPROVED ON THIS THE 17TH DAY OF SEPTEMBER 2020.
_________________________________
Mayor Jon Hrncirik
Attest:
_________________________________
City Secretary Conchita Torrez, TRMC