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1419 ORDINANCE NO. 1419 ( #07 - 2011) AN ORDINANCE AMENDING THE CITY OF JACKSONVILLE POLICIES AND PROCEDURES MANUAL; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. WHEREAS, in review of the recent modifications in various provisions of the City of Jacksonville Personnel Policies and Procedures Manual, the City Council of the City of Jacksonville deems it appropriate to update and modify additional applicable policies. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS: SECTION ONE: The City of Jacksonville, Arkansas, Personnel Policy Manual, as originally approved by Ordinance No. 1000 and modified thereafter, is hereby amended and modified to include the additions, deletions, and modifications as included, outlined, and specified herein. SECTION TWO: Sections 1 (Foreword), 5 (Exempt Status), 7 (Classification and Pay Scale), 8 (Pay Period and Pay Schedule), 9 (Overtime Compensation), 10 (Recording Hours Worked), 15 (Procedure for Reinstatement), 17 (Leave With Pay), 27 (Job Evaluation), 28 (Increase Procedures), 30 (Unemployment Compensation, 34 (Grievance Procedures for Employees), 38 (Termination Pay), 39 (Payment of Accrued Vacation), 47 (Miscellaneous), 48 (Narcotics Policy), 49 (Workplace Violence), 54 (Affirmative Action Program), and Appendix A (CDL Drug and Alcohol Policy) are hereby omitted in their entirety, as they have been replaced with applicable and appropriate provisions contained in the updated Policy Manual. SECTION THREE: A General Employment Practices Section of the Jacksonville Policy Manual shall be added, amended, changed, and modified to include the following provisions: GENERAL EMPLOYMENT PRACTICES Progressive Discipline Policy and Procedure Purpose Ordinance No. 1419 ( #07 -11) Page Two Our progressive discipline policy and procedure is designed to provide a structured corrective action process to improve and prevent a recurrence of undesirable behavior and /or performance issues. It has been designed consistent with our City's values, HR best practices, and employment laws. Outlined below are steps of our progressive discipline policy and procedure. The City reserves the right to combine and /or skip steps depending upon the facts of each situation and the nature of the offense. The level of disciplinary intervention may also vary. Some of the factors also to be considered are whether the offense is repeated, despite coaching, counseling, and/or training otherwise, the employee's work record, and/or the impact the conduct and performance issues have on our City and the workplace. Procedure Step 1: Counseling and Verbal Warning Step 1 creates an opportunity for the Department Director and /or Supervisor to schedule a meeting with an employee to bring attention to the existing performance and /or conduct issue. The Supervisor should discuss with the employee the nature of the problem or violation of City policies and procedures. The Supervisor is expected to clearly outline expectations and steps the employee must take to improve performance or resolve the problem. Within Five (5) business days of the initial discussion, the Supervisor will prepare written documentation of a Step 1 meeting. The employee will be asked to sign this document. The employee's signature is needed to demonstrate the employee's understanding of the issues and corrective action needed. Step 2: Written Warning While it is hoped that the performance and /or conduct issues that were identified in Step 1 have been corrected, the City recognizes that this may not always be the case. A written warning involves a more formal documentation of the performance and /or conduct issues and consequences. During Step 2, the Department Director and /or immediate Supervisor will meet with the employee and review any additional incidents or information about the performance and /or conduct issues as well as any prior relevant corrective action plans. Management will outline the consequences for the employee of his /her continued failure to meet Ordinance No. 1419 ( #07 -11) Page Three performance and /or conduct expectations. A warning outlining that the employee may be subject to additional discipline, including termination, if immediate and sustained corrective action is not taken may also be included in the written warning. Step 3: Suspension and Final Written Warning There may be performance and /or conduct incidents so problematic and harmful that the most effective action may be the temporary removal of the employee from the workplace. When immediate action is necessary, the Department Director and /or immediate Supervisor may suspend the employee pending the results of an investigation. Only the Department Director, Human Resources Director, and /or the Mayor have the authority to suspend an employee. Depending upon the seriousness of the infraction, the employee may be suspended without pay in full -day increments consistent with federal, state, and local wage- and -hour employment laws. Nonexempt/hourly employees may not substitute or use vacation leave or sick leave in lieu of unpaid suspension. Due to Fair Labor Standards Act (FLSA) compliance issues, unpaid suspension of salaried /exempt employees is reserved for serious workplace safety or conduct issues. Human Resources will provide guidance so that the discipline is administered without jeopardizing the FLSA exemption status. Pay may be restored to the employee if an investigation of the incident or infraction absolves the employee. Step 4: Recommendation for Termination of Employment The last and most serious step in the progressive discipline procedure is a recommendation to terminate employment. Generally, the City will try to exercise the progressive nature of this policy by first providing warnings, final written warning, and /or suspension from the workplace before proceeding to a recommendation to terminate employment. However, the City reserves the right to combine and skip steps depending upon the circumstances of each situation and the nature of the offense. Furthermore, employees may be terminated without prior notice or disciplinary action. Management's recommendation to terminate employment must be approved by the Department Director, or designate. Nothing in this Policy provides any contractual rights regarding employee discipline or counseling nor should anything in this policy be read or construed as modifying or altering the employment -at -will relationship between the City and its employees. Ordinance No. 1419 ( #07 -11) Page Four Administrative Review Employees will have the opportunity to present information that may challenge information management has used to issue disciplinary action. The purpose of this process is to provide insight into extenuating circumstances that may have contributed to the employee performance and /or conduct issues while allowing for an equitable solution. If the employee does not present this information during any of the step meetings, he or she will have Ten (10) calendar days after that meeting to present such information. Uniformed Employees have the right to appeal their suspension and /or termination to the Civil Service Commission within Ten (10) calendar days of the date of said suspension or termination. Performance and Conduct Issues Not Subject to Progressive Discipline Behavior that is illegal is not subject to progressive discipline and may be reported to local law enforcement. Theft, intoxication at work, fighting, and other acts of violence are also not subject to progressive discipline and may be grounds for immediate termination. Documentation The employee will be provided copies of all progressive discipline documentation. The employee will be asked to sign copies of this documentation attesting to their receipt and understanding of the corrective action outlined in these documents. Copies of these documents will be placed in the employee's official personnel file located in the Human Resources Department. SECTION FOUR: Section 8 (Compensation and Matters Affecting Employment Status) of the Jacksonville Policy Manual shall be added, amended, changed, and modified to include the following provisions: WORK HOURS Unless specified otherwise, the work period begins each Sunday at 12:00 a.m. and ends the following Saturday at 11:59 p.m. For non - uniform employees, the standard workweek shall consist of Forty (40) hours per week within a Seven (7) day period, unless otherwise arranged by the Department Director to meet specific Department needs, and will remain in accordance with state statutes and departmental regulations. Ordinance No. 1419 (#07-11) Page Five Uniformed police officers working Twelve (12) hour shifts will be compensated at the overtime rate for any hours worked in excess of Eighty -five (85) hours in a Fourteen (14) day work period. Uniformed firefighters working Twenty Four (24) hour shifts will be compensated at the overtime rate for any hours worked in excess of Fifty Three (53) in a Seven (7) day work period. The standard workday shall begin at 8:00 am, and end at 5:00 p.m. CST unless otherwise arranged by the Department Director to meet specific job needs. Departments may vary from this schedule based upon department necessity. The standard workweek is Monday through Friday. Flexible work arrangements are dependent on departmental requirements and are left to the discretion of the Department Director. Flexible work arrangements allow the Department Director to schedule a workweek of Forty (40) hours to meet specific departmental requirements. VACATION LEAVE Employees who resign, retire or otherwise terminate employment will be paid for their unused available vacation leave. SICK LEAVE If, at the end of the employee's service, either upon retirement or death, the employee has any unused accrued sick leave, the employee will be paid for this sick leave at the regular rate of pay in effect at the time of retirement. Non - uniformed employees will be paid for any unused accrued sick leave, at the time of retirement or death, not to exceed Four Hundred Eighty (480) hours or Three (3) month's salary. Uniformed Police Officers will be paid for any unused accrued sick leave, at the time of retirement or death, not to exceed Four Hundred Eighty (480) hours, which is equal to Sixty (60) duty- day's salary. Uniformed Firefighters will be paid for any unused accrued sick leave, at the time of retirement or death, not to exceed Seven Hundred Twenty Eight (728) hours, which is equal to Three (3) month's salary. Employees, who terminate employment voluntarily or involuntarily for reasons other than retirement or death, will not be paid for unused or available sick leave. Ordinance No. 1419 ( #07 -11) Page Six PERSONNEL FILES Confidential personnel files are kept for all employees and are located in the Human Resources Department, and contain pertinent information including, but not limited to, application for employment, tax information, commendation letters, reference checks, and any disciplinary actions. Personnel files will remain restricted access and in compliance with all local, state and federal laws. Employees may review their personnel file by requesting such from the Human Resources Department. No document shall be removed from an employee's personnel file. BENEFITS VACATION LEAVE All vacation is granted to Regular Full Time employees after One (1) year of continuous full -time employment with the City. Vacation is given on the employees' anniversary each year while employed. Vacation leave does not accrue per pay period. Uniformed Police Department Employees Uniformed employees of the Jacksonville Police Department are entitled to the following: • One Hundred Twenty (120) hours of vacation leave after One (1) year of continuous service; • One Hundred Forty Four (144) hours of vacation leave after Five (5) years of continuous service; and, • One Hundred Sixty (160) hours of vacation leave after Fifteen (15) years of continuous service, Uniformed Fire Department Employees Uniformed employees of the Jacksonville Fire Department are entitled to the following: • Six (6) duty days of vacation leave after One (1) year of continuous service; • Nine (9) duty days of annual leave after Five (5) years of continuous service; • Twelve (12) duty days of annual leave after Fifteen (15) years of continuous service; and, Ordinance No. 1419 ( #07 -11) Page Seven • All Eight (8) hour shift uniformed employees accrue at the same rate as uniformed Police Officers. Non- Uniformed Employees All Regular Full Time employees are entitled to the following: • Forty (40) hours of annual leave after One (1) year of continuous service; • Eighty (80) hours of annual leave after Two (2) years of continuous service; • One Hundred Twenty (120) hours of annual leave after Five (5) years of continuous service; and, • One .Hundred Sixty hours (160) of annual leave after Fifteen (15) years of continuous service. VACATION PAY UPON RESIGNATION, TERMINATION or RETIREMENT Upon terminating from the City, an employee will be paid for their unused available vacation time. CARRY -OVER VACATION • For non - uniformed employees, Eighty (80) hours of vacation leave may be carried over to the next anniversary year. • For Twenty Four (24) hour Fire Department employees, One Hundred Forty Four (144) hours of vacation leave may be carried over to the next anniversary year. • For Twelve Hour (12) hour Police Department employees, Eighty Four (84) hours of vacation leave may be carried over the next anniversary year. Unused available vacation time in excess of the carry-over amount will be lost. Uniformed Police and Fire employees receive holiday pay included in their annual salary. Birthday In order for the City to recognize employee's birthdays, the employee may take their birthday off. If taking their birthday off would create a hardship on their Department, the employee may use their birthday any other day of the year, as long as it is used prior to their next birthday. If the employee fails to use their birthday within that time, it will be lost. Ordinance No. 1419 ( #07 -11) Page Eight A Birthday is not considered a day worked for purposes of calculating overtime unless work is actually performed. Birthdays must be taken in Eight (8) hour increments for non - uniformed employees, Twenty Four (24) hour increments for uniformed fire employees and Twelve (12) hour increments for Twelve (12) hour uniformed police employees. Military Leave Employees on military leave must use their military leave pay of Fifteen (15) days prior to any other leave being used. SECTION FIVE: Section 13 (Family Medical Leave Act) of the Jacksonville Policy Manual shall be amended, changed, and modified to include the following provisions: Once the completed medical certification has been received by the Human Resources Department, it is the responsibility of the Director of Human Resources to review the certification and approve or deny the leave as FMLA. Once the decision is made regarding the FMLA certification, the Department Director and the employee will be notified. SECTION SIX: Section 29 (Workers' Compensation) of the Jacksonville Policy Manual shall be amended, changed, and modified to include the following provisions: Employees injured on the job will be covered by the State Workers' Compensation Plan for Municipal Employees. Any employee injured on the job must contact his Department Head immediately, or as soon as possible, for initiating proper incident or accident reports. All incidentlaccident reports must be filed within One (1) work day of the incidentlaccident unless said employee is incapacitated. Directors are to be verbally notified immediately of any such incidentlaccident. As well, the Director of Human Resources must be notified immediately by the Director. All compensation under this Plan shall be in accordance with all applicable laws and policies. Employees shall receive their regular rate of pay during the period(s) of a workers' compensation claim on the condition that they relinquish the workers' compensation pay to the Finance Department as received by the employee through Ordinance No. 1418 (#07 -11) Page Nine the City's Workers' Compensation Plan (currently provided through the Arkansas Municipal League). All appropriate claims for benefits must be processed through the City's Human Resources Department. It is very important for Workers' compensation forms and other information to be delivered directly to Human Resources. It is the Employee's responsibility to ensure that the Human Resources Department has the original copy of initial notifications, doctor evaluations, excuses from duty, and written returns to duty. If, after Twelve (12) weeks off from work, the employee is unable to return to work, the employee will be required to request a meeting with the Medical Review Board. [Please see Section (Medical Review Board) in this Manual for further details]. SECTION SEVEN: Section 31 (Transfers and Reassignments) of the Jacksonville Policy Manual shall be amended, changed, and modified to include the following provisions: Section 31. Transfers and Reassignments. When a vacancy occurs in any department, other than uniformed Fire and Police, any employee in any department has the option of requesting, in writing, a transfer to fill the vacancy. All requests for transfer must be processed through the Director of Human Resources. When a City employee is considering the possibility of a transfer from one position or department to another, they should review their situation with their Department Director. Directors must coordinate all moves with the Director of Human Resources. Transfers must be mutually beneficial to the employee and the City. Any requests to move from a position with a higher salary to a position with a lower salary may result in a reduction in pay. If the employee receives approval for a transfer, there will be no loss of benefits accrued. Transfers from the City of Jacksonville's Water and Wastewater Departments will not be considered a transfer from one City Department to another City Department because of the lack of coordination between salary scales, benefit programs, and employment opportunities between the Three (3) entities. Ordinance No. 1419 ( #07 -11) Page Ten No uniformed person in the Fire or Police Department shall be transferred from one department to another unless there is a non - uniformed position available which the individual applies for and is qualified to fill under the normal application process. SECTION EIGHT: Section 45 (Political Activity) of the Jacksonville Policy Manual shall be amended, changed, and modified to include the following provisions: POLITICAL ACTIVITY No employee may seek or hold an elected or appointed position in the City which would constitute a direct conflict of interest. A direct conflict of interest is that which would interfere with regular work duties or that which is prohibited by law. An employee will not be allowed to actively campaign for any candidate during work hours (Hatch Act, USC Title 5, § 15). No Civil Service employee shall be connected with any political campaign or political management except to cast their vote and to express their personal opinion privately (Hatch Act, USC Title 5, § 15). SECTION NINE: Section 55 (Drug -Free Workplace /Drug and Alcohol Testing) of the Jacksonville Policy Manual shall be amended, changed, and modified to include the following provisions: DRUG AND ALCOHOL TESTING This Policy provides City employees with guidelines pertaining to drug and alcohol abuse during the normal course of employment. This Policy applies to all employees of the City at all locations. Policy Statement: The City provides a safe and productive work environment for all employees. It is the policy of the City that employees shall not be involved with the unlawful use, possession, sale, or transfer of drugs or narcotics in any manner that may impair their ability to perform assigned duties or otherwise adversely affect the City's business. Further, employees shall not possess alcoholic beverages in the workplace or consume alcoholic beverages in association with the workplace or during work time. The specific purpose of this procedure is to outline the methods for maintaining a work environment free from the effects of alcohol /drug abuse or other substances that adversely affect the mind or body. Ordinance No. 1419 (#07 -11) Page Eleven If we are to continue to fulfill our responsibility to provide reliable and safe service to our customers and a safe work environment for our employees, employees must be physically and mentally fit to perform their duties safely and efficiently. Introduction: A. Employees are expected to report for work and remain at work in condition to perform assigned duties free from the effects of alcohol and drugs. 1. Alcohol abuse or illegal drug use and its physiological effects represent a threat to the well -being and security of employees and could cause extensive damage to the City's reputation and community standing. 2. Any involvement with alcohol /drugs that adversely affects the workplace or the work environment will not be tolerated. 3. Off-the-job illegal drug activity or alcohol abuse that could have an adverse effect on an employee's job performance or that could jeopardize the safety of other employees, the public, City equipment, or the City's relations with the public will not be tolerated. B. Illegal drugs are those drugs defined as illegal under federal, state, or local laws; they include, but are not limited to: • Marijuana • Heroin • Hashish • Cocaine • Hallucinogens Drug and alcohol tests will be conducted as a routine part of the pre - employment physical examination for all applicants once an offer of employment has been made. Applicants must satisfactorily pass the drug screen prior to reporting to work. Offers of employment may be made, contingent upon satisfactorily meeting these requirements. If the drug screening procedures indicate the presence of drugs or controlled substances, the applicant will not be considered further for employment. • Post - accident testing. The City may require a post- accident drug test of all covered persons near the scene following an on- the -job accident or incident. If an accident or incident occurs and it is Ordinance No. 1419 ( #07 -11) Page Twelve determined that the employee is at- fault, the employee must submit to a drug test. Covered persons may be suspended with pay until a full evaluation has taken place and an appropriate course of action is determined. The use of drugs or alcohol during working hours is strictly prohibited. Consequences of Alcohol /Drug Abuse A. Drug Abuse The use, sale, or personal possession (e.g., on the person or in a desk, or vehicle) of illegal drugs while on the job, including rest periods and meal periods, or on City property is a terminable offense and may result in criminal prosecution. Any illegal drugs found will be turned over to the appropriate law enforcement agency. B. Alcohol Abuse The use or personal possession (e.g., on the person, in a desk, or in a vehicle) of alcohol during work time or on City property is a terminable offense, For all employees, alcohol consumption is prohibited during the workday, including rest periods and meal periods. Any City employee who violates this substance abuse policy or who is arrested and/or convicted of an alcohol or drug violation will be subject to disciplinary action, including termination. SECTION TEN: Section 56 (CDL Drug and Alcohol Policy) of the Jacksonville Policy Manual shall be amended, changed, created, and modified to include the following provisions: EMPLOYEES WITH COMMERCIAL DRIVERS LICENSE (CDL) - DOT TESTING The U.S. Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMCSA), adopted regulations requiring certain commercial motor vehicle operators to be tested for alcohol and drugs in order to reach the goal of an alcohol and drug -free transportation environment. This brochure summarizes the rule as it applies to all motor carriers. WHO MUST COMPLY WITH THIS REQUIREMENT Ordinance No. 1419 ( #07 -11) Page Thirteen The FMCSA's alcohol and drug testing rules apply to every person and to all employers of such persons who operate a commercial motor vehicle in commerce in any state, and is subject to: (1) the commercial driver's license requirements of 49 CFR Part 383. TESTING PROCEDURES The official testing procedures are based on those established by the Department of Health and Human Services. These procedures include: urine sample collection, laboratory procedures, and reporting and recordkeeping of final results. Only laboratories certified by Health and Human Services under the National Laboratory Certification Program (NLCP) may be used. These procedures exist to safeguard accuracy and to protect the privacy of drivers. A driver who has tested positive for any of the substances will be notified and may discuss the positive test results with a qualified Medical Review Officer (MRO) before a result is reported to the employer. The driver will have an opportunity to explain any special circumstances to the MRO. The MRO has the authority and responsibility for reporting the results to the carrier's alcohol and drug program management for action. CONTROLLED SUBSTANCES The regulations require testing for the following classes of substances: • Marijuana (grass, pot, weed, hash, joint, Acapulco gold) • Cocaine (coke, crack, snow, blow, flake, "C ", rock, base) • Opiates - opium and codeine derivatives - (heroin, horse, "H ", junk, smack, scag, Miss Emma) • Amphetamines - amphetamines and methamphetamines - (uppers, speed, bennies, black beauties, Christmas trees, crystal, mollies, crank, BAM, dexies) • Phencyclidine - PCP - (angel dust, peace pill, hog, supergrass, embalming fluid, rocket fuel, killer weed) TESTS REQUIRED The following tests apply to all persons who are required to have a CDL for the type vehicle being operated: Ordinance No. 1419 ( #07 -11) Page Fourteen Pre - Employment: This test is required and negative results must be received before a motor carrier allows a driver to perform a safety sensitive function. The pre - employment test is only required for controlled substances. Alcohol testing is permitted. Reasonable Suspicion: This test is required when a trained supervisor /employer has reasonable suspicion to believe that the driver has used alcohol and /or controlled substances. Random; This unannounced testing is based on a random selection of drivers. The selection must be made by a scientifically valid method and all drivers covered by this rule must have an equal chance of being tested. The names of drivers who are selected for testing must be kept confidential until such time that the carrier notifies the driver to take the test. Once the driver is notified, he /she must immediately proceed to the testing facility and undergo testing. Every driver's name that is selected for testing must be returned to the selection pool so that all drivers have an equal chance of being selected at any time. Random alcohol testing is also required by the DOT. However, random alcohol tests can only be administered just prior to a driver performing a safety- sensitive function, while performing a safety- sensitive function, or just after performing a safety- sensitive function. Random controlled substances tests can be conducted at any time the driver is notified. A driver who is selected and refuses to submit to a test must follow the requirements of 49 CFR Part 40, Subpart O. Post Accident: This test applies to all CDL drivers who are involved in fatal crashes. The test must also be conducted on all CDL drivers who are cited for moving violations arising in a crash that requires a vehicle being towed or an injury requiring medical attention away from the scene. The alcohol test must be conducted within Eight (8) hours and the controlled substances test must be conducted within Thirty -two (32) hours of the crash. CONSEQUENCES A driver who has violated DOT alcohol and drug regulations is prohibited from performing DOT safety - sensitive duties for any motor carrier until he /she completes the Ordinance No. 1419 ( #07 - 11) Page Fifteen Substance Abuse Professional (SAP) evaluation, referral, and education /treatment process set forth in 49 CFR Part 40 Subpart 0, and in applicable FMCSA regulations. Sources of Assistance for Motor Carriers Motor carriers may find it easier to comply by: • Forming a consortium (association or partnership) of similar operators to administer or develop and implement a program for the group as a whole; • Contracting with a company (such as a consulting or medical services firm) to run a program for the carrier; • Arranging for a group already in the industry (union or trade association) to set up a program; or, • Arranging to participate in the program of a larger carrier. For information or assistance in establishing or joining a program, contact trade associations or unions in your area. Note: Carriers who employ only the owner as a driver must join a consortium. For additional research and reading on the Federal Motor Carrier Safety Administration's Alcohol and Drug Testing Regulations, please visit our web site at: www.fmcsa.dot.gov SECTION ELEVEN: All Ordinances, parts of Ordinances, or previous actions taken by said Council in conflict herewith are hereby repealed to the extent of such conflict. SECTION TWELVE: Because passage of this Ordinance is necessary for public peace and safety of the citizens of Jacksonville. This Ordinance and the terms of the new Policies and Procedures Manual shall take effect on and after June 1, 2011, as provided by and subject to the requirements of applicable law. 1 Ordinance No. 1419 ( #07 -11) Page Sixteen APPROVED AND ADOPTED THIS 21st DAY OF APRIL, 2011. CITY OF JACKSONVILLE, ARKANSAS a� e 1 ' S - a ���_ "Y PC: � ' r �' GA�� HER, MAYOR f `r . 1 "am 1 1 . 161-1 W SUSAN DAVI ' , CITY ERK APP•• D al 1 � 1 111 SA ROBE E.BAM ATTORNEY