Loading...
1670ORDINANCE NO. 1670 (#20 - 2021) AN ORDINANCE TO AMEND AND MODIFY JACKSONVILLE MUNICIPAL CODE §2.44.010 (EMPLOYEE POLICY MANUAL); DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. WHEREAS, because of modifications in various laws addressing the workplace and various need for modification of policies, the City Council of the City of Jacksonville deems it appropriate to update and modify applicable policies contained in the City of Jacksonville Employee Policy Manual. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS, THAT: SECTION ONE: The City of Jacksonville, Arkansas, Employee 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 in the attached Document. SECTION TWO: All Ordinances, parts of Ordinances, or previous actions taken by said Council in conflict herewith are hereby repealed to the extent of such conflict.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 THREE: Because passage of this Ordinance is necessary for public peace and safety of the citizens of Jacksonville, an emergency is hereby declared. This Ordinance shall take effect immediately upon passage and publication, as provided by and subject to the requirements of applicable law. APPROVED AND ADOPTED THIS 19th DAY OF AUGUST 2021. CITY OF JACKSONVILLE, ARKANSAS 7-10 BOB JOHNSON. YOR ORDINANCE NO. 1670 (#20 - 2021) Page Two ATTEST: SUSAN DA VITT, CITY CLERK APP - D AS TO FORM: I STEPPE FRIEDMAN, CITY ATTORNEY ORDINANCE NO.1670 (920-2021) CURRENT PERSONNEL POLICY MANUAL - SICK LEAVE NON -UNIFORMED EMPLOYEES: Sick leave will accrue at the rate of Thirteen and 33/100 (13.33) hours per calendar month, or Twenty (20) days per calendar year. The maximum accumulation amount of sick leave is Seventy Hundred Twenty (720) hours. UNIFORMED POLICE OFFICERS: 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 fust date of continuous employment. If unused, sick leave shall accumulate to a maximum of Ninety (90) duty days. Time off may be charged against any officer during any period of sickness, illness, or injury for any days which the officer is not scheduled to work. Pursuant to ACA § 14-53-108, all firefighters shall accumulate sick leave at the rate of Seventy (70) duty days per year, beginning Six (6) months after the first date of continuous employment. AMENDED PERSONNEL POLICY MANUAL - SICK LEAVE FIRE DEPARTMENT- UNIFORMED ONLY Pursuant to ACA § 14-53-108, all firefighters shall accumulate sick leave at the rate of 20 duty days per year, beginning ninety days after the first date of continuous employment. If unused, sick leave shall accumulate to a maximum of: • 1,680 hours or 70 duty days for 24-hour shift uniformed employees • 720 hours or 90 duty days for eight-hour shift uniformed employees. POLICE DEPARTMENT- UNIFORMED ONLY Pursuant to ACA § 14-52-107, law enforcement officers, regardless of their titles, shall accumulate sick leave at the rate of 20 duty days per year beginning ninety days after the first date of continuous employment. If unused, sick leave shall accumulate to a maximum of: • 90 duty days or 1080 hours for 12 -hour shift uniformed employees • 90 duty days or 720 hours for all other uniformed employees. NON -UNIFORMED EMPLOYEES Sick leave will accrue at the rate of 13.33 hours per calendar month (6.13 per payday), or 20 days per calendar year beginning ninety days after the fust date of continuous employment. If unused, sick leave shall accumulate to a maximum of: 0 90 days or 720 hours for all non -uniformed employees. ORDINANCE NO. 1670 (#20-2021) CURRENT PERSONNEL POLICY MANUAL - DISCRETIONARY DAYS All Regular Full Time employees are entitled to: • =1 One (1) discretionary day off after Five (5) years of continuing employment; • Ll Two (2) discretionary days off after Ten (10) years of continuous employment; and, • i jTihree (3) discretionary days off after Fifteen (15) years of continuous employment. Discretionary days may not be broken into hours of time off, they must be taken in full -shift increments. An employee may use their discretionary day along with their vacation or holidays. Discretionary days cannot carry-over and employees will not be compensated for unused days upon leaving employment with the City. AMENDED PERSONNEL POLICY MANUAL - DISCRETIONARY DAYS All regular full-time employees are entitled to: • One discretionary day after 3 years of continuous employment • Two discretionary days after 5 years of continuous employment • Three discretionary days after 10 years of continuous employment • Four discretionary days after 15 years of continuous employment. Discretionary days may not be broken into hours of time off; they must be taken in full increments. An employee may use their discretionary day along with their vacation or holidays. Discretionary days cannot carry-over and employees will not be compensated for unused days upon leaving employment with the City. CURRENT PERSONNEL POLICY MANUAL - FMLA INTERMITTENT LEAVE The Family 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- S i x (26) weeks. Eligible City employees may take FMLA for the following reasons: • The birth and care of the employee's child; • Theplacementof a child into an employee's family by adoption or by f o s t e r -care arrangement and to care for the newly placed child; • 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/or, ORDINANCE NO. 1670 (#20-2021) AMENDED PERSONNEL POLICY MANUAL - FMLA INTERMITTENT LEAVE If you take FMLA leave for an eligible family member, you will be granted a maximum of two calendar weeks in each 12 -month period as paid sick leave, provided you have accrued leave available (sick, vacation, or discretionary). Your accrued leave will be charged accordingly. Additional absences for eligible family members during any 12 -month period will be unpaid; i.e., you can be paid no more than two weeks of FMLA leave during any rolling 12 -month period unless the absence is for personal illness or injury. Intermittent FMLA leave for an eligible family member for 24-hour shift uniformed Fire Department employees is 120 hours or 5 duty days. Intermittent FMLA leave for an eligible family member for 8 -hour shift uniformed Fire Department employees is 80 hours or 10 duty days. Intermittent FMLA leave for an eligible family member for 12 -hour uniformed Police Department employees is 120 hours or 12 duty days. Intermittent FMLA leave for an eligible family member for 8 -hour uniformed Police Department employees is 80 hours or 10 duty days. Intermittent FMLA leave for an eligible family member for all non -uniformed employees is 80 hours or 10 work days. AMENDED PERSONNEL POLICY MANUAL - (NEW) PRE- EMPLOYMENT DRUG TESTING EXPLAIN SAFETY SENSITIVE POSITION Upon successful completion of the above requirements and after the decision has been made to hire, an offer of employment will be extended to the applicant conditioned upon the candidate successfully passing a pre-employment drug screen and physical examination. The Human Resources Department is responsible for arranging all such exams. The applicant will be provided with a time and date of the exams along with directions to the collection site and the physical examination site. He/she must report to the collection site with a valid photo proof of identification within the time designated. Candidates failing to specifically follow the collection procedures or found to have altered a specimen in any way, will no longer be eligible for employment. Employees receiving a recommendation for promotion or transfer to a position with heavier physical requirements, safety sensitive job duties, security sensitive job duties, driving requirements, will receive an offer of transfer or promotion conditioned on the City medical provider's determination that the employee can perform all the essential functions of the position with or without reasonable accommodation. A safety sensitive position is one in which a momentary lapse of attention may result in grave and immediate danger to the public. The following positions are considered safety sensitive: ORDINANCE NO. 1670 (#20-2021) • Law enforcement officers who carry firearms or have detention responsibilities. • Motor vehicle operators who carry passengers or transport other City employees, where the operation of a motor vehicle is not incidental to the employee's occupation. • Fire department employees who directly participate in firefighting activities. • Medical personnel with direct patient care responsibilities, including, but not limited to, physicians, nurses, physician's assistants, medical assistants, paramedics, emergency medical technicians and trainees. • Mechanics, welders, and sheet metal workers who work on vehicles designed to carry passengers. • Lifeguards, emergency service dispatchers, and rescue workers. • Operators of heavy equipment, including front-end loaders, trucks, and riding lawn mowers, or other similar equipment, where the equipment is used around individuals, alongside the public rights of way, or on public roads. • Crew leaders, linemen, apprentice linemen, ground assistants, meter men, Hydro plant maintenance operators and workers, street light technicians, tree trimmers, excavators, distribution designers, and any job classification that may involve working with high voltage electricity. A security sensitive position includes any police officer, jailer, police dispatcher and police department employee, including clerical workers, having access to information concerning ongoing criminal investigations and criminal cases, which information could, if revealed, compromise, hinder or prejudice the investigation or prosecution of the case. The City also considers law enforcement officers as holding security sensitive positions by reason of their duty to enforce the laws pertaining to the use of illegal substances. Officers who themselves use such substances may be unsympathetic to the enforcement of the law and subject to blackmail and bribery. Passing the pre-employment or pre-transfer/promotion drug screen and physical examination is a part of the employment process. If the candidate does not successfully pass either of these examinations, the offer of employment, transfer, or promotion is revoked. Candidates for non -safety sensitive and non -security sensitive positions who are authorized to use medical marijuana under the Arkansas Medical Marijuana Amendment are not subject to revocation of an offer of employment, transfer, or promotion solely because of a positive test for marijuana. Directors shall not permit a candidate for hire or promotion/transfer to begin work in the position before receiving a copy of the letter of hire from the Human Resources Department. Employee drug screen and physical examination results are kept confidential. This information will be maintained in the employee's separate confidential medical file in the Human Resources Department. The results of post -offer transfer/promotion drug screen or physical examination may be discussed with the Director on a "need to know" basis.