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1453 ORDINANCE NO, 1453 (#15 - 12) AN ORDINANCE AMENDING THE CITY OF JACKSONVILLE POLICIES AND PROCEDURES MANUAL;AND, FOR OTHER PURPOSES. WHEREAS, in review of the need for modifications to 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: Jacksonville Personnel &Policy Manual,Complaint Reporting and Investigation Section, shall be amended and modified to include the following: The City is committed to diligently enforcing its discrimination and harassment policy by promptly and impartially investigating all complaints. When discrimination or harassment is discovered, the City shall take appropriate disciplinary action, up to and including termination of the offending employee. The complaint procedure is designed to deal with complaints in a fair, discreet, and timely manner to: ❖ Determine if the conduct alleged in the complaint took place and constitutes harassment which violates local, state, and/or federal law or constitutes harassment in the form of inappropriate or offensive behavior; ❖ Stop the offending behavior; ❖ Restore the complainant's working environment; •:• Take steps to prevent retaliation and repetition of the harassment; and/or, ❖ Educate, sanction, or discipline the harasser consistent with the seriousness of the offensive behavior(s). It is the duty of every City employee, official and/or representative to be responsible with ensuring that his/her conduct does not include or imply discrimination or harassment in any form. If, however, alleged discrimination or harassment has or is taking place an employee must immediately report this to their immediate Supervisor, putting such report in writing as soon as possible. If their Supervisor is the source of the alleged discrimination or harassment or is closely associated with Ordinance No. 1453(#15--12) Page Two the source of the alleged discrimination or harassment and the employee is not comfortable reporting the complaint to that person, the employee may report the complaint to the Department Director. If the Department Director is the source of the alleged discrimination or harassment or is closely associated with the source of the alleged discrimination or harassment and the employee is not comfortable reporting to that person, the employee should report their allegations to the City's EEO Officers or the Director of Human Resources. Any Supervisor or Director who learns of or receives a complaint of alleged discrimination or harassment is obligated to report it to the EEO Officers or Director of Human Resources. Each complaint will be fully investigated and a written determination of the facts and an appropriate response will be made on a case-by-case basis. If it is determined that discrimination or harassment has occurred, the City shall take appropriate corrective disciplinary action which may include, but is not limited to, verbal/written warnings, probation, suspension, demotion, and/or termination. No employee shall be subject to any form of retaliation or discipline for pursuing a discrimination or harassment complaint, and no witnesses shall suffer retaliation as a result of their involvement in the investigation. The City will not tolerate discrimination, harassment, or any form of retaliation against an employee who has either instigated or cooperated in the investigation of alleged discrimination or harassment. Disciplinary action will be taken against those who are found to have violated the City's policy against such retaliation. If the investigation does not find that discrimination or harassment occurred or that the alleged incident(s) did not constitute discrimination or harassment, the matter shall be referred back to the Department Director for further appropriate action. For example, if workplace misconduct may have occurred but not discrimination or harassment, the Director of Human Resources, along with the Department Director and/or Mayor, shall determine the manner in which to act upon the findings set forth in an investigation report (if one is completed). An employee found to have reported harassment in bad faith or intentionally or to have falsely reported harassment shall be subject to disciplinary action. SECTION THREE: Jacksonville Personnel & Policy Manual, Staffing Section, shall be amended and modified to include the following: AUTHORITY TO HIRE, PROMOTE, DEMOTE, AND TERMINATE Except as otherwise provided by Arkansas law or the Mayor, a Department Director Ordinance No. 1453(#15—12) Page Three is authorized to make the final decision with respect to new hires, promotion(s) of existing employee(s), and termination of employee(s). EMPLOYMENT APPLICATIONS AND RESUMES The City relies upon accuracy of information contained in the employment applications and resumes submitted by prospective employees, as well as other information provided throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information may result in the exclusion of the individual from further consideration for employment for, if the person has been hired, in termination or other disciplinary measures. UNIFORM POSITIONS All applicants for uniformed employment with the Fire and Police Department must take an entrance examination administered by the Director of Human Resources, or their representative on behalf of the Civil Service Commission, unless otherwise provided by law. Subject examination will be conducted on as"as needed"basis in accordance with State law at a time and place designated in the announcement of the examination or at such other designated times as determined by the Civil Service Commission. Scores obtained on the examination will identify the individual's placement on the eligibility list for the appropriate department. Eligibility upon said list(s) remains in force and effect for One (1) year from testing, at which time all rights and priority cease. Since entrance examinations may be administered more than once a year, some overlap of eligibility may exist. All uniformed positions are filled in accordance with the rules and regulations of the Civil Service Commission and State law. All uniformed employees hired by the City shall serve a One (1) year probationary period, unless specifically noted in a job description provided in the rules and regulations of the department. All newly promoted uniformed personnel shall serve a Six (6) months probationary period in their new position. AUTHORIZED POSITIONS Each year projections are made for the number of employees and salaries needed for each Department. These projections are submitted to the Mayor and City Council. When the City Council approves an annual budget, the projected number of employees and salaries are established and records of such maintained in the Human Resources Department. On occasion, budget projections or unexpected increases in workload may create a need for additional employees during the year. The following procedure is used to Ordinance No. 1453(#15--12) Page Four secure additional authorization: 1. Department Director prepares an explanation of the need for additional employees/salaries and submits the full justification to the Director of Human Resources; 2. The Director of Human Resources reviews the request and makes a recommendation to the Mayor, who will review the request and determine if approval will require presentation to the City Council for additional funds; and, 3. If approval required is provided by the City Council, the matter is returned to Human Resources where appropriate action is taken to fill the position request. OVER-HIRE(S) Generally, there will be no more employees than the number authorized by the City Council. An exception may be made in the following circumstances: For training purposes, the new hire arrives prior to the departure of the employee who is leaving; -4 The availability in the job market of an exceptionally experienced or qualified employee; and/or, -a An employee's unexpected leave of absence or lengthy illness. A decision to over-hire will be made through consultation between the Department Director and the Director of Human Resources. Any over-hire, other than the routine cases noted above, will be presented to the Mayor for review and approval. JOB POSTING AND ADVERTISING An application for employment will be accepted from anyone who wishes to apply for employment. Applications are available on the City's website, www.cityofjacksonville.net or in the Human Resources Department. All information provided on the application must be true and correct, and providing false information will constitute grounds for elimination of consideration for hiring and/or dismissal from City employment. NON-UNIFORM VACANCIES AND PROMOTIONS It is the intent of the City to hire and promote the most qualified applicant for all vacant positions. To give the employees of the City an opportunity to apply for job vacancies, announcements of job openings will be posted on the job board outside of the Human Resources Department and on the City's website. In accordance with equal employment opportunity guidelines and this Manual, notice of job vacancies will be sent to the appropriate employment agencies throughout the relevant labor Ordinance No. 1453(#15— 12) Page Five market. A job description of each vacant position will be provided upon request. In the event of a job opening, the position will be announced and posted on the Job Board located outside of the Human Resources Department at City Hall and on the City's website, at least Seven (7) days prior to the deadline for receiving applications. Copies of the job announcement will be distributed to City departments and as appropriate, to public and private employment agencies, local newspapers and other sources which might recruit applicants. Recruitment resources will be notified at least Seven (7) days prior to the deadline for receiving applications. Applications for full-time City employment will not be accepted from anyone less than Eighteen (18) years of age. TRANSFERS AND REASSIGNMENTS When a vacancy occurs in any Department, other than uniformed Fire and Police Departments, 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 considers the possibility of a transfer from one position or Department to another, they should review their situation with their Department Director, who will then coordinate all transfers with the Director of Human Resources. Transfers must be mutually beneficial to the employee and the City. Any requests to transfer from a position with a higher salary to a position with a lower salary may result in a reduction of pay. 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,due to the fact there is no coordination between the Water and Wastewater Department and the City with regards to salaries and benefits. No uniformed employee in the Fire or Police Departments shall be transferred from one Department to another, unless there is a non-uniformed position is available which the individual has applied for and is qualified to fill under the normal application process. REHIRES Any employee who is rehired after separation from the City in good standing shall receive credit for all accrued sick leave, as well as vacation leave, provided the employee was not paid for the leave at separation, if the employee is rehired within One (1) year from date of separation. The number of seniority months will be Ordinance No. 1453(#15-- 12) Page Six adjusted by the number of separation months; for example, if an employee resigns from the City and is gone for Three (3) months before being rehired, his/her number of seniority months will be Three (3) fewer months than if he/she had not resigned. Individuals desiring rehire for a uniformed position with the Fire or Police Departments must submit an application to take the entry examination; unless the individual has been resigned from the City for less than One (1) year. If the time period has been less than One (1) year,the Director of Human Resources and other appropriate uniformed Department Director may select a person for return and adjust their seniority for the time they were not employed by the City. The determination will be made jointly. POST-OFFER PRE-EMPLOYMENT PHYSICALS Post-offer pre-employment physicals may be required for applicants to be hired by the City in certain positions, i.e. police officer,jailer, firefighter, dispatcher and CDL driver. The examinations shall be performed by licensed physicians selected by the City, A summary report of the examining physician shall be provided to the Department Director as to whether applicant can perform the job sought and what, if any, restrictions are necessary to determine any necessary work restructuring or accommodations. Although the physician(s) may make the medical determinations relative to physical/mental requirements of the job and any direct safety threat determinations, their determinations are only recommendations; final authority to hire rests with the City. Only in cases of emergency may an applicant begin work prior to the post-employment job offer medical examinations, but continued employment is subject to the applicant's passing such examination. Reports and records of all physical, psychological,and mental exams shall be kept in the offices of the physician(s) or mental health practitioner(s) with only a summary report provided to the Director of Human Resources, which will be kept in a confidential file apart from the individual's personnel file. The Director of Human Resources may share such information only in limited circumstances with supervisors, managers, first-aid and safety personnel, government officials investigating compliance with ADA, state workers' compensation offices, state second injury fund, workers'compensation carriers,and/or health care professionals when seeking advice in making reasonable accommodation determination and for insurance purposes. Should there be a dispute concerning the exam, or should a Supervisor be informed as to the need of reasonable accommodation including job restructuring, the report shall be made available to the necessary legal and Ordinance No. 1453 (#15— 12) Page Seven supervisory employees within the City. FITNESS FOR DUTY EXAM A Fitness for Duty exam will be required for employees who, because of mental or physical disabilities, are rendered unable to perform their essential functions with or without reasonable accommodation or who pose a direct safety threat to themselves. Based on the findings of the exam and other job restricting factors,the Department Director shall take such action that is necessary to ensure that the requirements of the individual's position are satisfied. SECTION FOUR; Jacksonville Personnel &Policy Manual, Drug-Free Workplace Section, shall be amended and modified to include the following: It is the policy of the City to create a drug-free workplace in keeping with the spirit and intent of the Drug-Free Workplace Act of 1988 and its amendments. The use of controlled substances is inconsistent with the conduct expected of employees, subjects all employees and visitors to City facilities to unacceptable safety risks and undermines the City's ability to operate effectively and efficiently. Therefore, the unlawful manufacture, distribution, dispensation, possession, sale, or use of a controlled substance in the workplace or while engaged in City business for the City or on/in City property is strictly prohibited. Such conduct is also prohibited during non-working hours to the extent that, in the opinion of the City, it impairs an employee's ability to perform on the job or threatens the reputation and integrity of the City. Employees convicted of controlled substances related violation(s) must inform the City within Five (5) days of such conviction or plea. Employees who violate any aspect of this policy may be subject to disciplinary action to include termination. At its discretion, the City may require employees who violate this Policy to successfully complete a drug abuse assistance or rehabilitation program as a condition of continued employment. SECTION FIVE: Jacksonville Personnel & Policy Manual, New Employee Orientation Section, shall be deleted. SECTION SIX: Jacksonville Personnel & Policy Manual, Section Work Hours, shall be amended and modified to include the following: Unless specified otherwise, the work period begins each Sunday at 12:00 a.m. and ends the following Saturday at 11:59 p.m. Ordinance No 1453(#15—12) Page Eight For RFT 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. 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 within 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) within a Seven (7) day work period. The standard workday shall begin at 8:00 a.m. and end at 5:00 p.m. 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. The City reserves the right to adjust and change hours of work, days of work and schedule to fulfill its responsibility to its citizens. When required, previously scheduled hours of work, days of work, and work arrangements may be altered at the discretion of the Department Director. Changes in work schedules will be announced as far in advance as practicable. Whenever possible, employees work schedules shall provide a meal period(s). The meal period(s) will be paid if it lasts for less than One Half(1/2) hour and not paid if it lasts for more than One Half (1/2) hour. During any unpaid meal period(s), employees are not authorized to conduct City business, i.e., sitting at one's desk and answering phones and/or working on the computer. Department Directors and/or their authorized representatives are responsible for authorizing meal period(s) and the length of such period(s). SECTION SEVEN: Jacksonville Personnel & Policy Manual, Work Time Section, shall be amended and modified to include the following: Because of Fair Labor Standards Act(FLSA) regulations, non-exempt employees are not to commence work prior to the scheduled starting time, work during their meal period(s), or working past scheduled end of shift without prior approval of the Ordinance No. 1453(#15—12) Page Nine immediate Supervisor. FLSA non-exempt employees who work unauthorized overtime hours may be subject to disciplinary action, including termination. SECTION EIGHT: Jacksonville Personnel & Policy Manual, Payroll Procedures and Payday Section, shall be amended and modified to include the following: Employees are paid every Two (2) weeks. When a holiday falls on a regular payday, employees will be paid on the last working day prior to the holiday. Each employee is responsible for monitoring the accuracy of each paycheck received. Any employee who believes that his/her paycheck does not properly compensate him/her for all hours worked in a given payroll period should immediately report their concerns to their supervisor and the Human Resources Department. When an employee resigns, retires, or otherwise terminates their employment with the City, the final paycheck will be issued on the next regularly scheduled pay day. All final checks are issued as manual checks (not direct deposit) and may be picked up at the Human Resources office. SECTION NINE: Jacksonville Personnel & Policy Manual, Temporary and Seasonal Employees Section, shall be amended and modified to include the following: The City may hire temporary employees who are hired for a set duration (i.e., lifeguard, summer grounds maintenance, and/or for a specific project). These employees are not intended to be employed on a regular basis and are employed at- will. Temporary employees may be hired to work any number of hours per week and are paid for actual hours worked at a rate determined by the Department Director and the Director of Human Resources. Temporary employees are eligible for overtime for hours exceeding Forty (40) hours per workweek subject to all other overtime policies set forth in this Manual. A temporary employee may be employed for up to Six (6) months at which time the temporary status shall be reviewed before employment is continued. Temporary employees do not qualify for vacation leave, sick leave, or other City benefits. SECTION TEN: Jacksonville Personnel & Policy Manual, Employment Status and Seniority Section, shall be amended and modified to include the following: Ordinance No. 1453(#15—12) Page Ten If an employee changes their employment status from a regular part time or seasonal employee to a regular full time employee, the seniority date will be the effective date of the status change. If an employee who is currently working for the City in a non-uniformed capacity is hired by either of the City's uniformed departments (Police or Fire), then said employee accrues vacation and sick leave from that date forward. Longevity pay and discretionary day accumulation will be determined by original hire date, but vacation and sick leave accruals will be determined by adjusted seniority date (beginning date of civil service employment). Any vacation pay available to said employee not used prior to beginning civil service employment will be paid or can be used prior to transfer. SECTION ELEVEN: Jacksonville Personnel & Policy Manual, Retirement/Resignation/Involuntary Termination Section, shall be amended and modified to include the following: Employees who wish to terminate their employment with the City are urged to notify the City at least Two (2) weeks in advance of their intended termination. Such notice should be given in writing to the employee's Department Director or Supervisor. Although not required, proper notice generally allows the City sufficient time to fill the upcoming opening and to calculate all final accrued monies due the employee for his/her final paycheck. Employees who plan to retire, either through the Arkansas Public Employees Retirement System (APERS) or Local Police and Fire (LOPFI), are urged to provide the City with a minimum of Two (2) months' notice. This will allow ample time for the processing of appropriate retirement forms to ensure that retirement benefits to which an employee may be entitled commence in a timely manner. SECTION TWELVE: Jacksonville Personnel & Policy Manual, Exit Interviews Section, shall be amended and modified to include the following: Employees who leave employment with the City, whether through resignation, retirement, or involuntary termination, must contact the Human Resources Department immediately to discuss matters of final pay and continuing health insurance benefits. It is also at this point that the employee will be required to return any City property in his/her possession or which was entrusted to him/her, if they have not already done so. Ordinance No. 1453(#15—12) Page Eleven SECTION THIRTEEN: Jacksonville Personnel &Policy Manual, Personnel Files Section, shall be amended and modified to include the following: 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 without written authorization from the Director of Human Resources. SECTION FOURTEEN: Jacksonville Personnel&Policy Manual, Uniformed Police Department Employees, shall be amended and modified to include the following: Uniformed 8-hour day employees 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 12-hour day employees are entitled to the following: -* One Hundred Eighty (180) hours of vacation leave after One (1) year of continuous service; —> Two Hundred Sixteen (216) hours of vacation leave after Five (5) years of continuous service; and, —> Two Hundred Forty (240) hours of vacation leave after Fifteen (15) years of continuous service. SECTION FIFTEEN: Jacksonville Personnel & Policy Manual, Uniformed Fire Department Employees Section, shall be amended and modified to include the following: Uniformed employees of the Jacksonville Fire Department are entitled to the following: Ordinance No. 1453(#15— 12) Page Twelve One Hundred Forty Four (144) hours, or Six (6) duty days of vacation leave after One (1) year of continuous service; -4 Two Hundred Sixteen (216) hours , or Nine (9) duty days of annual leave after Five (5) years of continuous service; —� Two Hundred Eighty Eight (288) hours, or Twelve (12) duty days of annual leave after Fifteen (15) years of continuous service; and, -4 All Eight (8) hour shift uniformed Fire Department employees accrue at the same rate as uniformed Police Officers. SECTION SIXTEEN: Jacksonville Personnel & Policy Manual, Carry-over Vacation Section, shall be amended and modified to include the following: For non-uniformed employees and 8-hour shift uniformed employees, Eighty (80) hours of vacation leave may be carried over to the next anniversary year. For Twenty Four (24) hour shift Fire Department employees, six (6) duty- days, or One Hundred Forty Four (144) hours of vacation leave may be carried over to the next anniversary year. —> For Twelve Hour (12) hour shift 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. SECTION SEVENTEEN; Jacksonville Personnel & Policy Manual, Uniformed Police Officers Section, shall be amended and modified to include the following: Pursuant to ACA §14-52-107, law enforcement officers, regardless of their titles, shall accumulate sick leave at the rate of Twenty (20) duty days per year beginning Six (6) months after the first date of continuous employment. If unused, sick leave shall accumulate to a maximum of Seven Hundred Twenty (720) hours (for 8-hour shift uniformed employees), or One Thousand Eighty (1080) hours for 12-hour shift uniformed employees. Time off may not be charged against any officer during any period of sickness, illness, or injury for any days which the officer is not scheduled to work. SECTION EIGHTEEN: Jacksonville Personnel & Policy Manual, Uniformed Firefighters Section, shall be amended and modified to include the following: Ordinance No. 1453(#15-12) Page Thirteen Pursuant to ACA §14-53-108, all firefighters shall accumulate sick leave at the rate of Twenty (20) duty days per year, beginning Six (6) months after the first date of continuous employment. If unused, sick leave shall accumulate to a maximum of One Thousand Six Hundred Eighty (1680) hours, or Seven Hundred Twenty (720) hours for 8-hour shift uniformed employees. SECTION NINETEEN: Jacksonville Personnel & Policy Manual, Sick Leave Pay upon Retirement/Resignation/Involuntary Termination Section, shall be amended and modified to include the following: 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 the equivalent of Sixty (60) duty day's salary. -> Pursuant to ACA §14-52-107, 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, or Sixty (60) duty day's salary. -> Pursuant to ACA §14-52-108, 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, or Thirty (30) duty day's salary. Employees who terminate employment voluntarily or involuntarily for reasons other than retirement or death will not be paid for unused available sick leave. SECTION TWENTY; Jacksonville Personnel & Policy Manual, Funeral/Bereavement Leave Section, shall be amended and modified to include the following: Bereavement leave with pay will be granted to all regular full time City employees in cases of death for an immediate family member only. As used in this Section, "immediate family" is defined as: -4 Spouse; - Son/Stepson/Grandson/Son-in-Law; --* Daughter/Stepdaughter/Granddaughter/Daughter-in-law; --> Mother/Stepmother/Grandmother/Step-Grandmother/Mother-in- Law/Grandmother-in-Law; Ordinance No. 1453(#15-12) Page Fourteen -� Father/Stepfather/Grandfather/Step-Grandfather/Father-in-Law/Grandfather- in-law; --4 Brother/Stepbrother/Brother-in-Law, and/or, --3 Sister/Stepsister/Sister-in-Law. Bereavement leave is allotted in the following manner: -4 Non-uniformed employees and uniformed Eight (8) hour employees receive up to Three (3) duty days of bereavement leave; -› Uniformed Twenty Four (24) hour Fire Department employees receive One (1) duty day of bereavement leave; -* Uniformed Twelve (12) hour Police Department employees receive up to Two (2) duty days of bereavement leave; In the circumstance of the death of an employee's spouse or child, the employee is allotted bereavement leave in the following manner: - Non-uniformed employees and uniformed Eight (8) hour employees receive up to Five (5) duty days of bereavement leave; -> Uniformed Fire Department employees receive up to Two (2) duty days of bereavement leave; -4 Uniformed Twelve (12) hour Police Department employees receive up to Three (3) duty days of bereavement leave; The maximum days of paid bereavement leave will not exceed Eight (8) per calendar year. If the employee desires additional bereavement leave, upon approval of the Department Director, the employee may use vacation, discretionary days, or their birthday. As well, upon approval of the Department Director, an employee may take unpaid time off for bereavement if other forms of paid leave are exhausted. SECTION TWENTY-ONE: Jacksonville Personnel & Policy Manual, Military Leave/USERRA Section, shall be amended and modified to include the following: Certain rights to re-employment after service in the uniformed services, as well as provisions relating to pension and health benefits are established in the Uniformed Services Employment and Re-employment Rights Act (USERRA) of 1994, 38 USC §4301 et. seq. and in ACA §21-4-102. It is the City's policy to honor and comply with the provisions of those statutes. USERRA prohibits discrimination against employees because of their service in the military. USERRA prohibits an employer from denying any benefit of employment on the basis of an individual's Ordinance No. .1453(#15—12) Page Fifteen membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services. USERRA also protects the rights of veterans, reservists, National Guard members, and certain other members of the uniformed services to reclaim their civilian employment after being absent due to military service or training. A summary of rights afforded by USERRA is contained in a poster developed by the U.S. Department of Labor and can be found in each Department workplace where other employment law posters are found. The Human Resources Department should be contacted with any questions. In addition, under ACA §21-4-102, employees who are members of a military service organization or National Guard unit shall be entitled to a military leave of Fifteen (15) days, or One Hundred Twenty (120) hours, with pay plus necessary travel time, within a calendar year. Depending on the employee's position within the City, military time equates to: -> 8-hour shift employees receive Fifteen (15) duty-days of military pay; —> 12-hour shift employees receive Eleven (11) duty-days of military pay; or, -� 24-hour shift employees receive Six (6) duty-days of military pay. This time is in addition to other leave that the City offers, such as vacation, discretionary days, and birthday. As mentioned below, FMLA provides further rights to family members of military personnel. Employees on military leave must use their military leave pay of Fifteen (15) duty- days prior to any other leave being used. SECTION TWENTY-TWO: Jacksonville Personnel & Policy Manual, Family and Medical Leave Section, shall be amended and modified to include the following: The Family and Medical Leave Act (FMLA) of 1993 requires municipalities with Fifty (50) or more employees to offer up to Twelve (12) weeks of unpaid,job-protected leave to eligible employees for certain family and medical reasons. FMLA also allows an employee who is the nearest blood relative of an injured Armed Services member to take the Twelve (12) weeks of unpaid leave plus an additional Fourteen (14) weeks, for a total of Twenty Six (26) weeks. Eligible City employees may take FMLA for the following reasons: —> The birth and care of the employee's child; --> The placement of a child into an employee's family by adoption or by foster- care arrangement and to care for the newly placed child; Ordinance No 1453(#15-- 12) Page Sixteen -- For nearest blood relative to care for an injured service member that is seriously injured or ill in the line of active duty, up to Twenty Six(26)weeks; -> The care of an immediate family member (spouse, child or parent, but not "in-law") who has a serious health condition; and, -> The inability of a City employee to work because of a serious health condition which renders the employee unable to perform the essential functions of his/her job, and/or any qualifying exigency when the employee's spouse, child, or parent is on active duty or is notified of a call to active duty. You must conclude leave for the birth of a child or for adoption or foster care within Twelve (12) months after the event. However, leave may begin prior to birth or placement, as circumstances dictate. Leave entitlements for medical reasons are predicated upon the existence of a serious health condition suffered by you or an immediate family member. A serious health condition is an illness, injury, impairment or physical or mental condition that involves: -* Inpatient care in a hospital, hospice, or residential medical care facility; - Any period of incapacity or treatment therefore due to a chronic serious health; -> Pregnancy and/or Prenatal care; -* Any absences to receive multiple treatments by a healthcare provider for a condition that likely would result in incapacity of more than Three (3) consecutive days, if left untreated; -* A period of incapacity that is permanent or long term due to a condition for which treatment may not be effective; and/or, -� Any period of incapacity requiring absence of more than Three (3) calendar days from work, school, or other regular daily activities that also involve continuing treatment by a healthcare provider. Generally, a condition will be considered a serious health condition if the condition or its treatment causes an employee to be absent from work on a recurring basis or for more than Three (3) calendar days. The FMLA requires that the City maintain the health coverage of an employee eligible for FMLA under any group plan during the time the employee is on FMLA. SECTION TWENTY-THREE: Jacksonville Personnel & Policy Manual, Education Incentive Program Section, shall be amended and modified to include the following: Ordinance No, 1453(#15—12) Page Seventeen Upon graduation from an accredited institution with an Associate's Degree, Bachelor's Degree, or Master's Degree, a regular full time employee will become eligible for the City's Education Incentive Pay Program. Incentive pay will be calculated based on the highest earned degree and will be paid on each paycheck. Please ask the Supervisor and/or the Human Resources Department for the amount paid for each degree. SECTION TWENTY-FOUR: Jacksonville Personnel & Policy Manual, Worker's Compensation Section, shall be amended and modified to include the following: 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 their Department Director immediately, or as soon as possible, for initiating proper incident or accident reports. All incidents/accidents must be filed within One (1) work day of the incident/accident, unless the employee is incapacitated. Department Directors are to be verbally notified immediately of any such incident/accident. As well, the Director of Human Resources must be notified immediately by the Department Director. All compensation under this Plan shall be in accordance with applicable laws and policies. Employees shall receive their regular rate of pay during the period(s) of a Worker's Compensation claim on the condition that they relinquish the Worker's Compensation pay to the City's Finance Department as received by an employee through the City's Worker's Compensation Plan. All appropriate claims for benefits must be processed through the Human Resources Department. It is very important for Worker's 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 the initial notifications, doctor evaluations, excuses from duty, and written return-to-duty. Any employee injured while on duty must notify their Supervisor immediately or as soon as possible, for completion of an incident and/or accident report. After receiving such notification of a work-related injury, Supervisors must: —* Gather information to determine if the injury was indeed work-related; - Contact the Department Director; -* Complete the Supervisors Accident Report and submit the original to the Human Resources Department upon receiving the director's signature; Ordinance No. 1453(#15— 12) Page Eighteen —> If the employee requires emergency medical attention, call 9-1-1 or safely transport them to the nearest hospital; --- If the employee requires non-emergency medical attention, contact the Human Resources Department in order to obtain a doctor's appointment for the employee; --> If medical attention is sought, the employee must go to A-Test for a post- accident drug test; and/or, -* The employee must go to the Human Resources Department as soon as possible to complete appropriate workers' compensation paperwork. SECTION TWENTY-FIVE; Jacksonville Personnel & Policy Manual, Administrative Review Section, shall be amended and modified to include the following: Pursuant to ACA §14-51-308, Uniformed Employees have the right to appeal certain suspension(s) and/or termination to the Civil Service Commission within Ten (10) calendar days of the date of said suspension or termination. SECTION TWENTY-SIX.- Jacksonville Personnel&Policy Manual,Off Duty Employment, shall be amended and modified to include the following: Employees will not work any off duty employment for a period of Twenty-Four (24) hours following the end of the shift for which the employee reported sick. Employees will not work off duty while on paid sick leave. Employees are also not allowed to work off duty on a scheduled day off when sick leave was taken in conjunction with, and/or prior to, their scheduled day off. In the event an employee becomes ill or is injured while working outside employment prior to reporting for City duty, a request for sick leave may be approved if the employee informs the Supervisor of the circumstances at the time of the sick leave. The employee must provide a detailed written explanation of the circumstances to the Supervisor upon returning to duty. If any part of this Section is violated, disciplinary action may be taken, up to and including termination. SECTION TWENTY-SEVEN; Jacksonville Personnel & Policy Manual, Outside Employment or Moonlighting Section, shall be amended and modified to include the following: If an employee is considering additional employment, he/she should discuss the Ordinance No. 1453(#15-- 12) Page Nineteen additional employment with his/her Department Director or Supervisor for approval. If, as an employee of the City, an employee participates in additional employment, it must not interfere with the proper and effective performance of his/her job with the City. An employee's outside employment must not be of a nature that adversely affects the image of the City, or of a type that may be construed by the public to be an official act of the City or which in any way violates these policies. City uniforms shall not be worn during outside employment unless approved in advance by the Department Director. Employees on paid sick leave or paid FMLA status with the City may not be actively working secondary employment during the time period that they are on paid leave. SECTION TWENTY-EIGHT. Jacksonville Personnel & Policy Manual, Travel Policy Section, shall be amended and modified to include the following: Department Directors or their assigned representative(s) is/are responsible for dissemination of policies and procedures to all employees within their Department. The Department Director(s)or their assigned representative(s) is/are responsible for verification and approval of all Requisitions, Travel Expense Reports, and receipts/requests for reimbursement. Individual employee(s) are responsible for submission of all required information, receipts, and other related documents to the Finance Department. The employee must submit a completed Travel Expense Report to their Department Director or their assigned representative within Five (5) days of their travel return. The Department Director or their assigned representative is then responsible for submitting said information to the Finance Department within Ten (10) business days of the employee's return date. Any employee(s) traveling on official business is responsible for insuring he/she understands these policies and procedures and complies accordingly. Any unusual circumstances or exceptions must be clarified and pre-approved, as should any deviations from policy (in writing) by the Department Director or the assigned representative. "Reimburse"or"reimbursement"as it appears anywhere in this Policy requires that detailed documentation must be provided with any submitted final Travel Expense Report before reimbursement will occur. In order to afford employees maximum flexibility in the accomplishment of their assigned tasks, the City will pay travel expenses directly related to official business in accordance with amounts authorized herein. Travel expenses for official business Ordinance Na 1453(#15—12) Page Twenty may include the cost of out-of-town conferences, professional associations dues or membership fees, intensive training of the "short course" nature on particular relevant topics/issues, and attendance costs for meetings with state and federal authorities on City/Department related matters. All travel expenses for employees must be approved by their Department Director or their assigned representative. Travel expenses for Department Director(s) must be approved by the Mayor or their designated representative(s). In order for reimbursements for ordinary and necessary business expenses incurred while traveling away from the employee's home overnight to be excludable from taxable wages, the reimbursements must be made under an accountable plan. An "Accountable Plan" is an allowance or reimbursement policy (not necessarily a written plan) under which amounts are nontaxable to the recipient if the following requirements are met: -+There must be a business connection to the expenditure; - There must be adequate accounting by the recipient within a reasonable time; and, -4 Excess reimbursements or advances must be returned within a reasonable period of time. Business Connection means that the expense must be a deductible business expense incurred with services performed as an employee. If not reimbursed by the employer, the expense would qualify as a deductible expense by the employee on the employee's 1040 income tax return. Adequate Accounting means that the employee must verify the dated, time, place, amount and business purpose of expenses, which will all be included in the required agenda that should be attached. The City follows the per diem method for expenses. Therefore, the rule for requiring receipts does not apply in the following circumstances: -� Meal expenses that you reimburse on a per diem basis, at a rate at or below the allowable maximum, under an accountable plan; -� Individual expenditures, except for lodging, of less than $75; and/or, --> Expenditures for transportation expense for which a receipt if not readily available. Timely Return of Excess Reimbursement means that the employee must return any excess reimbursement within a reasonable period of time, which the City has determined to be Ten (10) business days from the date of travel return. Ordinance No. 1453(#15—12) Page Twenty-one SECTION TWENTY-NINE; Jacksonville Personnel & Policy Manual, Transportation Section, shall be amended and modified to include the following: An employee may choose to extend travel beyond the time required to conduct their training or City matters. However, time and any relevant expense(s) incurred in excess of the City's intended purpose(s) are the sole responsibility of the employee. Such arrangements must be approved in writing in advance, other than unforeseen emergencies, by the employee's Department Director or their assigned representative. Airline ticket payment will be made for actual coach cost incurred. The employee has the option of using their own resources (cash, credit card, etc.) to purchase reimbursable tickets, or the following procedure may be utilized for the City to purchase tickets. A Purchasing Requisition payable to American Express combined with an approved Airline Itinerary and Confirmation Locator Number (supplied by the airline for tickets placed on 24-hour hold) must be submitted to the Finance Department as soon as reservations are made. Mileage reimbursement for use of a private vehicle is allowable only if a City vehicle is not available for use by the employee. An employee must request use of a City vehicle by their Department Director or their assigned representative. If a City vehicle is not available, then mileage will be reimbursed on a per mile basis at the current reimbursement rate. Trip distances will be computed (and printed) using a travel website. However, personal vehicle mileage reimbursement cannot exceed the lowest coach airfare available at the time of the travel request (documentation must be provided), nor can food and lodging expense be for more than One (1) additional day of travel time to and/or from the destination location. Any exceptions to such a limitation must have prior written approval from the Department Director or their assigned representative before reimbursement will be eligible. Reimbursement for use of personal vehicles to travel to and from the airport will be One (1) round trip if utilizing airport parking, or Two (2) round trips if not utilizing airport parking. Mileage is paid from either City Hall or the employee's normal residence, whichever is closer to the departure venue (i.e. airport, train station, etc.). If travel is mandated by the Department Director or their assigned representative on a non-regularly scheduled workday, round trip mileage from the traveler's home of record is authorized. Taxi fare and similar public transportation is reimbursable for all necessary City business related trips. Rental vehicles for official City travel require prior written approval from the Ordinance No. 1453(#15—12) Page Twenty-two appropriate Department Director or their assigned representative. Written justification for renting vehicles as well as cost estimates for the rental of the vehicle and the required collision insurance must accompany all requests for vehicle rental. Actual costs of mid-sized or smaller vehicles rented from nationally recognized car rental agencies are reimbursable. Fuel for City-owned vehicles is reimbursable. Use of City-owned vehicles outside City limits requires written justification from the traveling employee's Department Director or their designated representative. Where practical, employees must use the City's fuel card. SECTION THIRTY: Jacksonville Personnel &Policy Manual, Overnight Travel Section, shall be amended and modified to include the following: Per Diem Reimbursement - Meal & Incidentals Expense (M&IE) A per diem system is a daily allowance to pay for meal and incidental expenses while traveling on business. The amount of the expenses reimbursed under a per diem allowance method will be deemed substantiated without receipts, provided the requirements of the aforementioned regulations are met. -� The per diem must be at or less than Federal rates to be fully excludable. -� No receipts are required if a per diem allowance is used, but the payments must meet the other substantiation requirements including time(date), place and business purpose. -4 An employer's substantiation requirements must, at a minimum, meet the Federal requirements. An employer may have more stringent requirements, such as requiring meal and/or lodging receipts. Allowance for meal expense(s) will be paid on a daily, partial day, or weekly rate, depending upon departure and return times. Breakfast allowance is not provided for travel with an initial departure time later than 8:00 a.m. Dinner allowance is not allowed for a final arrival time earlier than 6:00 p.m. Per Diem Amount- for overnight travel, either within Arkansas or out-of-state, the per diem allowance, including tips, will be determined by the Director of Finance or their authorized representative. The amount will be determined using the United States General Service Administration (GSA)website,www.gsa.gov. In cases where a meal(s) is provided by the attended function's sponsors, no allowance will be paid for such meal(s). Ordinance No. 1453(#15—12) Page Twenty-three SECTION THIRTY-ONE: Jacksonville Personnel & Policy Manual, Non-Overnight Travel Section, shall be amended and modified to include the following: For non-overnight travel a per meal allowance will be used. The amount per meal will be determined by the Director of Finance or their authorized representative using the GSA website. For example, a per meal reimbursement could be: Breakfast—Ten Dollars ($10.00); Lunch—Ten Dollars ($10.00); and, Dinner Twenty Five Dollars ($25.00)— Receipts are required if reimbursement is expected for meals during non-overnight travel. Any variation of the above amounts will be determined and authorized by the Director of Finance using current GSA regulations. Reimbursement of meals for other purposes (i.e., meetings,training sessions, event sponsorship, etc.) must state the name of guest(s), nature of City business being conducted, and must be pre-approved in writing by the Department Director or their assigned representative. EXEMPTION: Employee's may not use their per diem allowance and/or other travel reimbursement funds to purchase alcoholic beverages, nor will the City reimburse an Employee for alcoholic beverage purchase(s). SECTION THIRTY-TWO; Jacksonville Personnel & Policy Manual, Lodging Section, shall be amended and modified to include the following: The City will reimburse charges for single room rate, taxes, and phone calls made on behalf of the City where it is reasonably expected that a prudent traveler could not return to their residence. Daily lodging reimbursement in excess of One Hundred Twenty Dollars ($120.00), together with applicable and charged taxes requires pre-approval by the Department Director or their assigned representative, along with documentation proving less expensive lodging was unavailable. SECTION THIRTY-THREE: Jacksonville Personnel & Policy Manual, Tips Section, shall be amended and modified to include the following: Non-food tips such as taxi, bell hop, shuttle, etc., are reimbursable at a maximum of Ten Percent (10%) per service event. SECTION THIRTY-FOUR: Jacksonville Personnel & Policy Manual, Miscellaneous Expenses Section, shall be amended and modified to include the following: Ordinance No. 1453(#15—12) Page Twenty-four Miscellaneous expenses are not considered part of a per diem reimbursement. Therefore, substantiation will be required. Miscellaneous expenses shall include, but are not limited to, expenses such as cab fare, fax, telephone, Internet, and copy charges, room taxes, energy surcharges, laundry, cleaning and pressing of clothes and other business related expenses. Business related miscellaneous expenses (Manuals, tapes, publications, etc.) purchased for and becoming the property of the City may be reimbursed with written approval by the Department Director or their assigned representative. Unless included in any applicable registration fee(s), leisure activities are not reimbursable. An employee is responsible for any and all expenses incurred by family members/companion(s) who accompany the employee on travel. Miscellaneous expenses are not part of the M&IE and, as the M&IE allowance(s), may be excluded from reported wages. SECTION THIRTY-FIVE: Jacksonville Personnel & Policy Manual, Request for Advance Travel Expense Processing, shall be amended and modified to include the following: Advance payment may be requested for per diem allowance, mileage, taxi,tips, etc. The traveling employee must submit the required Purchasing Requisition, showing estimated expenses, along with a copy of the pre-registration form for the event to be attended and a copy of the travel expense report to the Department Director or their assigned representative. The Department Director or their assigned representative will evaluate these requests and forward them to the Finance Department at least Seven (7) business days prior to the intended travel for issuance of advance travel expense checks. The Finance Department will not make advance travel payments if there are outstanding post-travel forms or refunds past due from the requesting employee unless approved by the Director of Finance. SECTION THIRTY-SIX: Jacksonville Personnel & Policy Manual, Submission of Actual Reimbursable Expense(s) Section, shall be amended and modified to include the following: An employee requesting reimbursement must submit a completed copy of the Travel Expense Report, with all accompanying receipts, excluding receipts for meals if the per diem method was used, and request(s) for reimbursements, including the agenda of the training, to the Department Director or their assigned representative Ordinance No. 1453(#15—12) Page Twenty-five within Five (5) business days of the employee's return from travel. After review and approval by the Department Director or their assigned representative,all documents must be forwarded to the Finance Department within Ten (10) business days of the employee's return from travel. The Department Director or their assigned representative will be promptly notified of any discrepancies discovered by the Finance Department. If any money is due the City, the traveling employee will be notified of the specific amount and is to pay the City Clerk's Office. Any receipt issued by the City Clerk's Office shall first be returned to the Finance Department to attach to the Travel Expense Report, with a copy provided to the employee. After Ten (10) days, any questions or additional action will be completed through the appropriate Department Director or their assigned representative to the traveling employee. If not resolved after an additional Ten (10) days, the amount of money advanced will be deducted from the employee's next paycheck. If any money is due the employee, a requisition must be submitted from Department Director or their assigned representative to the Finance Department. Receipts and/or request for reimbursements must document the expenses and explain the business purposes (a copy of the agenda is sufficient) for the expense(s), excluding receipts for meals if the per diem method was used. Lodging expenses must be itemized by day and show all miscellaneous expenses. No such expenses will be reimbursed without detailed supporting receipts. SECTION THIRTY-SEVEN: Jacksonville Personnel & Policy Manual, Travel Expense Report Section, shall be amended and modified to include the following: The Travel Expense Report must be used for all travel by City employees and non- employees traveling on City business if reimbursement/payment is expected. Responsibility for correct submission of this form rests with the traveling employee and his/her Department Director or designated representative. The Department Director or designated representative must sign the form prior to submission. The Travel Expense Report is located on the public drive for easy access, or can be obtained from his/her Supervisor. SECTION THIRTY-EIGHT: Should any part(s) of this Ordinance be declared invalid for any reason, no other part(s) of the Ordinance shall be affected thereby. SECTION THIRTY-NINE: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Ordinance No. 1453(#15— 12) Page Twenty-six SECTION FORTY: This Ordinance shall be in effect from and after its date of passage, subject to applicable law. 4"PROVED AND ADOPTED THIS•' DAY OFAUGUST, 2012, 0! 1%va '://X, \`�( ' CITY Of.,14 _ SONVILLE,ARKANSAS cgat, 5 - t nv74. C (— ., .. " 6VRNY'-* 'HE , MAYOR An k..,%".' .----- ---�-- 0. 14 SUSAN DA . , CITY CLER APP' ` fi' eR , IVAir -,---'- ROB 'RTE. BA BURG, CI ATTOR