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HomeMy WebLinkAbout97-21ORDINANCE No. 97-21 ADOPTING AMENDMENTS TO PERSONNEL POLICIES Adopted: November 4, 1997 Effective: November 4, 1997 • • 467 • Ordinance No. 97-21 ORDINANCE ADOPTING AMENDMENTS TO PERSONNEL POLICIES BE IT ORDAINED by the Town Council of the Town of Pulaski, Virginia, sitting in Regular Session on November 4, 1997, that: 1. The following Personnel Policies are hereby adopted: 2.201 Grant-Funded Employees 2.240 Employment Contracts 2.250 Independent Contractors 2.300 Job Openings: Advertisement and Posting 2.340 Nonsmoker Hiring Preference for Public Safety Personnel 2.350 Professional Dues, License Fees, and Bonds 3.320 Training Programs, Including Seminars or Conventions 3.400 Resignations 4.130 Personal Phone Calls 4.210 Policy Concerning Harassment 4.600 Political Activities 7.600 Work Periods • 9.620 Family and Medical Leave Act Notice of Rights 2. Any existing Town policy or procedure which conflicts with the above are hereby superseded. This Ordinance is effective on adoption and is adopted by duly recorded vote of the Town Council on November 4, 1997 as follows: James M. Neblett Aye W. Edgar Hale Ave Lane R. Penn Ave Joseph L. Weddle g~P Bettye H. Steger Aye Pauline G. Mitchell Aye Charles W. Stewart Aye Gerald E. Bolen Aye TO N OF PULA VIRGINIA By ohn A. Johns ,Mayor A ST: Ru h Harrell, Clerk of Council 5~~ ~ Town of Pulaski, Virginia Human Resources Manual Policy No. 2.300 Page 2 of 2 Adopted ii - ~!- 9 7 still available, the Town may utilize applicants from the prior pool without readvertisement. Any screening process to be used in processing the applications will be determined prior to advertising the position and will be applied uniformly to all applicants. PROCEDURES: Department Heads will notify the Human Resources Officer of all job openings and furnish the Human Resources Officer with copies of all advertisements and notices prior to distribution, and a record of the dates of posting/publication upon conclusion. Any applicant or bona fide potential applicant for a position may complain of improper advertisement to the Human Resources Officer in writing within thirty (30) days of the filling of the position. If the Human Resources Officer finds the complaint to be valid, the position will be declared open and will be advertised as required by this policy. An adverse determination by the Human Resources Officer is subject to the review of the Town Manager. r X71` Tvwn of Pulaski, Virginia Human Resources Manual • Policy No. 2.201 Page 1 of 1 Adopted ii_, ~ y ~ SUBJECT: GRANT-FUNDED EMPLOYEES PURPOSE: To clarify the status of employees who are hired under programs utilizing Federal, State, or other grant funds. STATEMENT OF POLICY: From time to time, the Town receives grant funding that allows or requires the hiring of additional personnel to carry out the grant programs. Unless otherwise required by the terms of the grant, benefits will be the same as those for a Town-funded employees having the same type of position. As with any Town employees, grant-funded employees are "at-will" employees. Moreover, persons accepting grant-funded positions should have no expectation of continued Town employment if the grant funding ends. The funding often is of limited or uncertain duration. Accordingly, since the job positions are not funded under the Town's general budget, the job position itself is subject to being abolished when the grant funding ends. If other Town job positions are vacant at the time grant funding ends or is projected to end, grant employees may apply for such positions in the same manner as other applicants. If they are successful, their service as grant employees will count toward benefits and seniority in the same manner as the service of other Town employees in similar positions. ~~ Town of Pulaski, V/rg/nla Human Resources Manual Policy No. 2.240 Page 1 of 2 Adopted ~i_ y_S 7 SUBJECT: EMPLOYMENT CONTRACTS PURPOSE: To clarify the term "employment contract" so that there will not be any misunderstanding as to whether or not such a contract has been made with a particular individual. POLICY: All employees of the town are "at will" employees who can be terminated at any time without any stated ground. Employees are free to resign from the Town at any time. Nothing contained in these policies and no oral or written representation by any individual council member, the town manager, any department head, or any appointee or employee of the town will be construed to change the "at will" basis of employment. It is the policy of the town that such "at will" employment can be changed only by a specific, personalized written contract specifically changing that status. Any such contract will be valid only when approved in advance by the Town Council by recorded vote in open session. • DISCUSSION: The Town as an employer has the right to enter into employment contracts with employees that might promise that employee specific terms or conditions of employment in return for that employee's promise to carry out specified or general employment duties. The Town and employee might agree to certain pay levels, benefits, working conditions, and the procedures by which the employment relationship could be changed or terminated by either side. As with most employers, in the absence of such a specific contract, the Town reserves the right to change the terms and conditions of any employee's continued employment with the Town. This Human Resources Handbook, any and all policies and procedures, and any and all terms and conditions of employment are subject to amendment at any time, and all employees should be aware of that fact. Some employers have been the subject of claims by employees who maintain that personnel policies, letters offering employment, "welcome" letters by management, and verbal representations during interviews create irrevocable promises by the employer. The Town wishes to make clear that this is not the case. The Town Council reserves to itself the authority to make such commitments and will exercise it only by a formal contract designated as such and authorized in open session. ~7 U Town of Pulaski, Virginia Human Resources Manual Policy No. 2.240 Page 2 of 2 Adopted~~~ Historically, the Town has utilized such contracts with managerial employees, although it has the right to do so with any person. Such contracts must be specifically designated as such within the document and must be approved by the Town Council in open session. In rare instances, the Town Council may authorize the execution of a post- employment contract to protect the interests of the Town. Typical uses of such contracts might be to provide for consultation with the departing employee so that operations of the Town can continue without disruption; to settle disputes, grievances, or litigation; or to protect the privacy of individuals. The details of any employment or postemployment contracts may or may not be subject to the Virginia Freedom of Information Act, depending upon circumstances. Nothing contained herein should be construed to waive any privililege from disclosure that might exist. However, whether or not the details are public, the authorization for the contract must be given by the Town Council in open session in order to be binding upon the Town. • ~`7 • Town of Pulaski, Virginia Human Resources Manual Policy No. 2.250 Page 1 of 2 Adopted ~i- ~- ~' 7 SUBJECT: INDEPENDENT CONTRACTORS PURPOSE: To establish guidelines for interaction between independent contractors and Town employees. STATEMENT OF POLICY: The Town sometimes utilizes independent contractors to perform services for the Town, usually where specialized experience, skills, or equipment are needed, or when Town workloads are too heavy to meet scheduling demands. In such instances, State and Town procurement policies are followed to obtain the services. In reaching an agreement with an independent contractor, the Town will usually describe the job or goal to be accomplished and general parameters for performance, safety, quality, evaluation of progress, and results. While the amount of detailed specifications will vary from contract to contract, it is common for the independent contractor to maintain day-to-day control over the manner in which the job is performed. Generally, unless specifically instructed by a Department Head or the Town Manager, Town employees are not under the supervision and control of the independent contractor and do not have supervisory authority over the independent contractor or its employees. Town employees who come in contact or who are assigned to work with independent contractors are expected to be courteous and cooperative. They are expected to make allowances for the fact that different procedures and practices may be followed in the private sector and for the fact that the independent contractor and its employees may not be familiar with Town policies and procedures. Town employees may decline to perform any action requested by an independent contractor which appears to be unsafe or hazardous and is not a usual job function of the employee. Town employees may decline to perform any action requested by an independent contractor which appears to be unethical, illegal, or a violation of Town policies and procedures. Town employees in such situations are expected to notify their supervisor or department head of the situation as soon as practicable. So long as such refusal is not unreasonable, the employee will not be disciplined. Town employees who witness, experience, or receive a complaint of discourtesy, misconduct, safety violations, or poor work performance on the part of ~/ 7 L ~: ., • Town of Pulaski, Virginia Human Resources Manual Policy No. 2.250 Page 2 of 2 Adopted //- ~- y 7 independent contractors or their employees are required to report the matter to the Town employee's Department Head. Any Department Head receiving a report under this policy should advise the Department Head whose department is associated with the project and the Town Manager. In addition to any other penalty, the failure of an independent contractor to correct unsafe or unduly hazardous conditions, or illegal, unethical, or discourteous conduct, may be grounds for the Town to terminate the contract under which the independent contractor is retained. Therefore, it is important for the Town management to be made aware of such problems. Nothing contained in this policy will restrict the right of police, fire, or code enforcement officials to enforce alf applicable laws and regulations. All such enforcement actions should be reported to the official's Department Head. DISCUSSION: This policy is intended to benefit Town employees as well as the general public. It is clear that the Town has a direct interest in stopping illegal, unethical, or unduly hazardous activities in connection with Town projects, even where it ordinarily does not have direct control over the day-to-day activities of the private independent contractor. The Town also wishes to protect its employees from discourtesy and improprieties even though it does not have such direct control. Additionally, the public may not distinguish between Town employees and the employees of independent contractors. Improper or discourteous behavior by a contractor's employees may be attributed wrongfully to Town employees. Accordingly, the Town management needs to know of such instances so that it can try to take corrective action or to prevent recurrences of the problem. Courtesy and common sense on both sides should govern the relationship between Town employees and the employees of independent contractors. ~~1 • Town of Pulaski, Virginia Human Resources Manual Policy No. 2.300 Page 1 of 2 Adopted ii- ~/- 9 ~ SUBJECT: JOB OPENINGS: ADVERTISEMENT AND POSTING PURPOSE: To estab{ish guidelines for the advertisement of employment positions so that a diverse pool of qualified applicants is available for entry level positions, and to retain experienced employees by promoting from within the Town whenever possible. STATEMENT OF POLICY: The Human Resources Officer, subject to the approval of the Town Manager, from time to time shall designate and distinguish those classes of positions which are considered to be entry-level positions and those which are generally considered to be promotional positions. Such designation shall be based upon an analysis of the relative job requirements as well as an examination of the logical career paths within the Town organization. In order to allow experienced Town employees an opportunity to advance in their existing job path or change to another job within the Town which meets their long term goals, all regular full= and part-time positions (promotional and entry level) must be open for a minimum of ten (10) days and the position should be publicly posted by the Department Head in the Municipal Building for seven (7) days. There is no advertisement requirement for promotional positions. However, the Department Head or Town Manager may advertise and otherwise publicize such positions if it appears to be in the best interest of the Town, either before or after receiving applications from current Town employees. Entry level full and part-time jobs must be advertised at least one (1) time in a newspaper having general circulation within the Town at least seven (7) days before the application deadline. Notice of the openings will also be given to the area office of the Virginia Employment Commission. No advertisement is required for temporary positions. Nothing contained herein shall restrict the ability of the Department Head or Town Manager to make additional advertisements or otherwise publicize job openings in a manner reasonably calculated to produce a diverse pool of qualified applicants. If the same or a substantially similar.position was advertised within the past six (6) months and a pool of qualified applicants resulted with a sufficient number ,,4. ., ~~~ • Town of Pulaski, Virginia Human Resources Manual Policy No. 2.340 Page 1 of 2 Adopted _ii- ~- f 7 SUB.IECT: NONSMOKER HIRING PREFERENCE FOR POLICE AND FIRE PERSONNEL PURPOSE: To establish a new employee hiring policy which will contribute to the elimination of smoking in the work place and to ensure reduced costs to the Town in terms of absenteeism, insurance costs, productivity loss, property damage, premature mortality, and other costs associated with the smoking employee who has the benefit of the heart/lung disease presumption for police and fire personnel. STATEMENT OF POLICY: For any position where the employee is a police or fire person who has the benefit of the presumption set forth in the State Code that heart/lung disease or hypertension is a compensable job-related illness, it is the policy of the Town that nonsmokers will be given preference in the hiring process. This policy will be accomplished in the following manner: 1. All employment ads and employment notices will mention that the Town is a "restricted smoking work environment." 2. The Town's employment application for such positions will include a question to determine whether or not an applicant is a smoker or nonsmoker. If the applicant does not answer the question, it will be assumed that he/she is a smoker. 3. All employment applications for such specific openings will be screened first on the basis of an applicant's qualifications for the position. If there is an adequate pool of well qualified nonsmoking applicants available, only nonsmoking candidates will be scheduled for the first round of interviews with smoking candidates interviewed in a second session only in the event a qualified nonsmoker is not available for hire. r 4. In the event a smoking candidate is selected for an interview, said candidate will be provided with a copy of the Town's current smoking policy and will be asked specifically during the interview whether or not he/she expects any difficulties in complying with the Town's policy. If it is deemed that an insurmountable problem exists, the applicant may be disqualified from further employment consideration regardless of the person's qualifications to perform the job. ~?6 Town of Pulaski, Virginia Human Resources Manual Policy No. 2.340 Page 2 of 2 Adopted ~/-~- 9 ~ 5. For purposes of this policy, any person who has smoked a tobacco product any time from sixty (60) days prior to application through date of employment will be considered a smoker. • `f 7 ~ Town of Pulaski, Virginia Human Resources Manual Policy No. 3.320 Page 1 of 3 Adopted //-~- y 7 SUBJECT: TRAINING PROGRAMS, INCLUDING SEMINARS OR CONVENTIONS PURPOSE: To promote and facilitate training and career education which meets the dynamic needs of the Town. DEFINITIONS: As addressed by this policy, training is defined as any work related program, seminar, conference, convention, course or workshop attended by an employee whose tuition and expenses are funded in whole or in part b~h~°,Ta+ati?ra or while the empbyee is in a paid status with the Town. ~.: y~:. ~,, STATEMENT OF POLICY: ,,,~~` .~ _~ ,~ 1. It is the policy of the Town to encourage and coordinate ti~ining x= u.~ :, opportunities for employees and supervisors in order that serwt;rendered ta:=~ ~~- ,~. ~~ the Town will be more efficient and effective. ~ `~' .. ~ ~ .~.. 2. Employees are encouraged to continueaheNr formal a =d>ta~ation th~igM participation. in off-duty/non-working hoursetucational IXO~c~,. s. Reimbursement for educational expenses tarred I~,,~uch motion may be granted for job related courses wittf;~or approvat~pf=fhe Taxes 8nager, provided funds have been budgete~,for such re~mbursemer~t Any reimbursement: shall only be after;, successful co~etron of the course/ program. Sucdess~ul c©m~letion s~ta`ltbe defined as receipt of a certificate of satisfactory"~comp~etion or:a grade of Git2 0_grade point) or better in the case of academicsl[y`rated courses (or attainmer*t ,of: pass in a pass/fail grading system. ) Tuition reimbursement is for the~course onF~~'rio reimbursement will be allowed for tooCcs,,lab fees, travel expenses or material costs. Approval for tuition reimbursement shaft only be allowed for courses offered by accredited colleges (including but,not limited to community colleges), universities or vocational training institutes.,., Request for reimbursement must be made within 30 days following the completion of the course~arfatudy. Training reimbursement is generally available to only those employees. who have successfully completed the employee's designated probation period. Consideration of employee requests for tuition reimbursement is dependent upon budgetary constraints and the recommendation of that employee's ~~y Town of Pulaski, Virginia Human Resources Manual Policy No. 2.350 Page 1 of 1 Adopted //- ~ - f 7 SUBJECT: PROFESSIONAL DUES, LICENSE FEES, AND BONDS PURPOSE: To establish guidelines for the request and approval of special licenses and membership fees. STATEMENT OF POLICY: The Town will pay directly or reimburse (at its option) the current annual dues and/or license fees of any employee who is required by ordinance, or state or federal law to be a member of a professional organization or who must maintain current a particular certification or license as a condition of employment. Payment will be made upon approval by the employee's Department Head. Payment for Department Heads will be made upon approval of the Town Manager. All approvals should be obtained prior to incurring an expense. The Town will also pay the premiums on any bond, or errors and omissions insurance policy that is mandated as a condition of employment. The Town Manager may, but need not, approve payment of dues, membership fees, or publication subscriptions with professional organizations whose membership is not mandatory but is recognized to promote professional growth, competence, and effectiveness in functioning as Town employees. Membership in outside organizations shall be in the name of the Town, if possible. Employees who belong to such professional organizations may be allowed time off with pay to attend local, state and national meetings subject to approval by the Town Manager and budgetary limitations. For nonsalaried employees, such pay would only be for those periods actually attending meetings and sponsored functions and not for periods of rest or "free time". Employees whose request for time off with pay is declined, may request, and the Town Manager may approve on a case-by-case basis, after consideration of the time involved and the impact on Town operations, that the employee be allowed to use accrued compansatory time and/or leave time for such activities, or, if no such paid time be accued, that the employee be allowed leave without pay. ~7~ LJ • Town of Pulaski, Virginia Human Resources Manual Policy No. 3.320 Page 2 of 3 Adopted / .~- g Department Head. Time spent in attendance at these courses shall be considered the employee's personal time and is not counted as time worked. 3. It is the policy of the Town to maximize comprehension, retention and transference of training provided by the Town. PROCEDURES: 1. Attendance at training programs will be approved at the Department Head ~fi~ level, except as follows: - ='y ° ° - .yS a. Attendance at a training program involving out-of-state trave~,t~y.,an employee requires approval by the Town Manager prior `to ~'eg~I~,,~tration = ~~_ b. Attendance at any program or course work in exEess oi•~~-1 shifts andlor - $200 (in registration, travel, meals and lodging cost) requ~res~~approval by the __.~ Town Manager prior to registration. 2. All outside training and conference attendance shalt:be~rocessed tticough the Human Resources Officer. r ° ~~ - ' 3. Within 48 hours of return from a,trainingprog~arr)~'empl~ ,.-~: ,. a lesson plan or outline to share tl~e.~rnformation ~arith an a~ A copy of the lesson plan or ou#C~nf ' Officer. The Human. Resources; f3€ coordination ofthe Information-sha the Human r~esourees Officer*,ythe within ten`f'i0) work days of return. most Important principles, ideas an shah:: n©rmally range from 30 to ~2f 4. Any dispute regarding eligibility appealed to the Town Manager,for II be provided_ta may be cat~ec~ ups _. ,ate .~. ~~~~~'shall develop priate audience. ~uman Resources to assist is the i sessions. UriT^ess otherwise arranged by iat~~~l,shall be presented to said audience Said information sharing shall include the information obtained. The presentation minutes.` the level of reimbursement may be olution. 5. Town-sponsored and required training shall generally be arranged during regularly scheduled ~ntorkhours. A Department Head may change the standard work hours to accommodate or require attendance at such training activities. Such required training shall be recorded as time worked within the meaning of this policy; provided, however, that the Town is not obligated to pay nonsalaried employees for periods of rest or °free time". ~,c~ a • C • Town of Pulaski, Virginia Human Resources Manual Policy No. 3.32 Page 3 of 3 Adopted ~~, ~~ ~ 7 6. Employees who acquire training on their own time and expense are encouraged to notify the Personnel Office so the information can be noted in the employee's personnel file. 7. Approval for State Training Academy course work for uniformed police officers and firefighters shall be at the discretion of the appropriate department head. Records of such training shall be maintained in the employee's personnel file. 8. The Human Resources Officer may periodically audit training attendance and policy compliance. ,; ~d / • • Town of Pulaski, Virginia Human Resources Manual Policy No. 3.400 Page 1 of 2 Adopted //- ~- y ~ SUBJECT: RESIGNATIONS PURPOSE: To establish guidelines so that the processing of resignations will be uniform throughout Town departments. STATEMENT OF POLICY: 1. Employee-Initiated Resignation. Employee-Initiated Resignation is voluntary termination for any reason other than formal retirement. An employee wanting to leave the Town in good standing is expected to (WAS SHALL) provide a written resignation to his/her immediate supervisor at least 14 calendar days prior to the effective date of resignation. The resignation letter should include the reason for leaving as well as the proposed effective date. Two weeks notice is understood to mean that the resigning employee will be available for work during this time so as to aid in the training of a replacement. Failure to provide two weeks advance notice or a written resignation may result in ineligibility for rehire. A resignation shall be deemed to be tendered when it is communicated to another employee, officer, or agent of the Town, in any form or manner that would lead a reasonably prudent person to understand that the employee is serious about the intent to leave the service of the Town. No resignation, written or unwritten, of any employee may be unilaterally withdrawn. Resignations by persons under the level of Department Head may be withdrawn only after the consent of the Town Manager. Resignations of any Department Head or the Town Manager may be withdrawn only after the consent of the Town Council. The Town, at its option, may waive the notice period and accept the resignation as effective at any time after it is tendered. 2. Supervisor-Initiated Resignation. Supervisor-Initiated resignation is termination requested by the supervisor which permits the employee to resign in lieu of being discharged. A termination of this type occurs only after the supervisor's consultation with the Human Resource's Officer. An evaluation of the circumstances is conducted, including reasons for the request, supporting documentation, and alternatives. Guidelines are similar to those for discharge. ~~ V Town of Pulaski, Virginia Human Resources Manual Policy No. 3.400 Page 2 of 2 Adopted /i- -/- y ~ Employees who resign in lieu of termination or while disciplinary proceedings or internal investigations are pending are not eligible for rehire. Unless otherwise agreed by the Town, the Town is under no obligation to curtail any pending investigation, whether internal or criminal. Additionally, employees should be aware that while Town records may show a resignation, the surrounding circumstances, particularly any undisputed facts, may not be purged from its records and may be available if the employee gives prospective employers access to such records. • ;~~3 • • C Town of Pulaski, Virginia Human Resources Manual Policy No. 4.130 Page 1 of 1 Adopted /~- ~ - y ~ SUBJECT: PERSONAL TELEPHONE CALLS PURPOSE: To provide for control of incoming and outgoing personal telephone calls. STATEMENT OF POLfCY: Town phones are to be used for Town business and may be used for personal business on a limited basis only. PROCEDURE: Telephone calls received during business hours must be held to both a minimum number and time limit and must not interfere with the employee's work. Personal calls should not be made or continued in the presence of any member of the public. When a personal toll call must be placed, the call is to be billed to the employee's home number, credit card, or collect. It is the employee's responsibility to ensure that no bill to the Town results from their personal telephone calls. Violation of this policy will minimally result in cost reimbursement to the Town and wilt subject the employee to disciplinary action. ~~~ Town of Pulaski, Virginia Human Resources Manual • Policy No. 4.210 Page 1 of 5 Adopted i~- ~- 9 7 SUBJECT: POLICY CONCERNING HARASSMENT PURPOSES:1. To confirm the Tawn's policy prohibiting all forms of harassment. 2. To define procedure for reporting harassment. 3. To establish guidelines for administration of discipline. DEFINITION: Harassment is unwarranted and unwanted verbal or nonverbal conduct which threatens, intimidates, pesters, annoys, or insults another person, where such conduct has the purpose or effect of creating an offensive, intimidating, degrading, or hostile environment, or interferes with or adversely affects a person's work performance or opportunities. Harassment includes but is not limited to verbal or physical conduct that belittles or shows hostility or aversion toward an individual because of his/her race, color, religion, gender, national origin, age, or disability, or that of his/her relatives, friends, or associates, and that has the purpose or effect of creating an offensive, intimidating, degrading, or hostile environment, or interferes with or adversely affects a person's work performance or opportunities. Sexual harassment also includes but is not limited to unwelcome sexual advances, requests for sexual favors and other verbal or physical advances of a sexual nature. It is Town policy to fully support enforcement of State and Federal anti-discrimination laws which provide that sexual harassment is prohibited where (1) Submission to such conduct is made either explicitly or implicitly a term of condition of employment; (2J Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; or (3) Such conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Harassment does not include the conduct or actions of supervisors intended to provide employee discipline, such as deficiency notices, performance evaluations, oral warnings, reprimands or other supervisory actions intended to promote positive performance. U ~ 9~' • • Town of Pulaski, Virginia Human Resources Manual Policy No. 7.600 Page 1 of 1 Adopted //- Y- 9 7 SUBJECT: WORK PERIODS PURPOSE: To establish work periods for purposes of the Federal Fair Labor Standards Act (ELBA), effective April 15, 1986. STATEMENT OF POLICY: 1. The work period for any 24-hour shift firefighters and all personnel engaged in law enforcement activities shall continue to be twenty-eight (28) days. The beginning and ending times of such periods shall be set from time to time by the department heads to coincide with shift changes. 2. The work period for all other Town employees shall continue to be a seven (7) day period beginning on Monday at 12:01 a.m. and continuing to Sunday at 12:00 a.m. (midnight). LIMITATIONS: This policy shall not apply to executive, professional, administrative, and all other employees who are exempt from the FLSA, unless otherwise provided by a written employment contract. The following employee classifications are currently considered exempt from FLSA: the Town Manager, the Assistant Town Manager (but not an Assistant to the Town Manager), all Department Heads, and the Economic Development Director. The Town reserves the right to designate other positions as exempt where the FLSA so allows; provided, however, that such designation will not effect any compensatory or overtime already earned. ~y3 • Town of Pulaski, Virginia Human Resources Manual Policy No. 9.620 Page 1 of 2 Adopted ~r - ~- y 7 SUBJECT: FAMILY AND MEDICAL LEAVE ACT NOTICE OF RIGHTS PURPOSE: The purpose of this policy is to give general notice of rights under the Family and Medical Leave Act, which effects most Town employees. For detailed procedures in availing themselves of these rights, the employee should meet with the Human Resources Officer. POLICY: In accordance with the federal Family and Medical Leave Act, an employee may take up to 12 weeks of leave ("FMLA leave") upon the occurrence of one of the following events or sets of circumstances: a. The birth of a son or daughter of the employee and in order to care for such son ar daughter; b. The placement of a son or daughter with the employee for adoption or • foster care; c. The employee must care for the spouse, son, daughter, or parent of the employee if such spouse, son, daughter, or parent has a serious heath condition; d. The employee has a serious health condition that makes the employee unab{e to perform the functions of the position held by the employee. For purposes of interpreting this policy, any definitions set forth in the FMLA, and applicab{e court interpretations of its terms, should be used. In the event the employee takes FMLA leave pursuant to an event or circumstances described in (a), (b), or (c) above, the employee must use accrued annual leave during the 12 week period until such leave has been exhausted. If an employee takes FMLA leave pursuant to an event described in (d) above, then the employee must use accrued annual leave and accrued sick leave during the 12 week period until such leave is exhausted. The employee wi11 be paid for the period in which the employees uses annual leave or sick leave, as the case maybe, and the remainder of the 12 weeks of leave will be unpaid. If an employee must take FMLA Leave on a part-time basis pursuant to an event described • in (c) or (d) above, then the employee shall be permitted to work apart-time schedule as ~s~ Town of Pulaski, Virginia Human Resources Manual Policy No. 4.210 Page 2 of 5 Adopted ii - -~-f ? STATEMENT OF POLICY: It is the policy of the Town that harassment of any type will not be tolerated. All employees are prohibited from engaging in the harassment of any other employee or other person in the course of or in connection with employment. The desired standard of Town employee behavior is one of cooperation and respect for each other, despite any differences. Supervisors are prohibited from dating any subordinates whom they supervise, appoint, remove, discipline, evaluate, or audit, or the immediate relatives or household members of such subordinates. No adverse actions against employees who make good faith complaints under this policy will be tolerated. DISCUSSION: Intentional harassment will be deemed willful misconduct. • Employees also are expected to refrain from conduct that unintentionally may give offense to other employees or the public. It is not at all uncommon or unreasonable for individuals to take offense from comments or remarks which were not intended by the speaker to be offensive. Jokes, cartoons, and photographs involving sex, religion, race, age, or handicaps can be highly offensive to other employees and should not be part of the workplace. Please note that while this policy is broader in scope than many harassment policies, it is not intended to prohibit or punish all forms of negative personal interaction. Employees must realize that there will be other employees (whether supervisors, subordinates, or coworkers) whose mannerisms, speech, habits, and personalities are in conflict with their own and who may be irritating in some way. In a diverse work place, this is to be expected. No employer can guarantee that you like the people with whom you work, and this policy should not be interpreted to be so broad as to solve all such problems. Employees are expected to be civil and courteous to each other, as well as the general public, but incivility and rudeness are not necessarily harassment under this policy. However, as noted, such misconduct may result in unfavorable performance reviews. Supervisors are held to a higher standard than nonsupervisory Human Resources. They are expected not only to refrain from offensive conduct themselves, but also to protect their subordinates from the actions of coworkers and the public. ~8G Town of Pulaskf, Virginia Human Resources Manual • Policy No. 4.210 Page 3 of 5 Adopted ii - ~_ ~ ~ The Town has no desire to meddle in the private lives of its employees. However, supervisor/subordinate personal relationships are a common cause of claims of sexual harassment by both the involved subordinate and non-involved subordinates. The Town's rule against supervisor/subordinate dating is intended to protect both the Town and the supervisor. It is difficult for the Town and the supervisor to refute charges from the subordinate at a later time that the relationship was nonconsensual. Additionally, other subordinates of the supervisor often will perceive that the involved subordinate will receive special treatment by reason of a romantic relationship. This can result in resentment and dissatisfaction in the workplace and the creation of an offensive environment, whether or not such perceptions are shown to be true later. The Town recognizes that its employees are adults and that the dating of fellow employees and their relatives may be expected. Since the employer interest is minimal unless supervisors are involved, the Town's ban does not apply unless a supervisory relationship exists. Employees are cautioned that this may include supervisors with subordinates within the same department even if they only occasionally have direct supervisory activity involving the subordinate. C7 PROCEDURE: Dependent on the facts, it may be the right of an employee to seek, at any time, redress by State or Federal agencies or through a court of law; however, employees are encouraged to exhaust the Town's Administrative remedies before consulting outside agencies. Where State or Federal laws require that administrative remedies be exhausted prior to utilizing such laws, it is the Town's policy that administrative remedies be exhausted. 1. In any case in which the supervisor is witness to or confronted with a situation of harassment, the supervisor shall immediately notify. the offending party that harassment is not appropriate and will not be tolerated. Ultimate disciplinary action will await completion of the reporting procedure. 2. An employee subjected to or witnessing any form of harassment should report such activity to the offending individual's non-involved supervisor, department head, Human Resources Officer, or directly to the Town Manager. Employees who have been subjected to harassment by persons not affiliated with the Town should report the harassment. While the Town may not be able to discipline the • offender, there may be other methods available to deal with the problem or to minimize the chance of recurrence. 1~~ 7 • Town of Pulaski, Virginia Human Resources Manual Policy No. 4.210 Page 4 of 5 Adopted i/- ~- g ~ 3. A supervisor is required to report harassment cases to his/her Department Head, who, in turn, is required to report the matter to the Human Resources Officer. Such reports to superiors and to the Human Resources Officer are to be made regardless of how knowledge of the case was acquired. 4. The Human Resources Officer shall forward any reports of harassment to the Town Manager upon receipt. The Town Manager may direct the Human Resources Officer or any other employee of the Town to assist in any investigation. 5. In matters alleged to have been committed by a Town employee below Department Head level, the alleged offender's Department Head usually will lead any investigation and submit to the Human Resources Officer and Manager a report setting forth the facts of the case and either a recitation of the disciplinary action planned by the Department Head or a recommendation for action to be taken by the Manager. 6. The initial disciplinary action usually will be the responsibility of the Department Head having supervisory responsibility over the offending employee, unless the Town • Manager determines that the incident is so serious that the Town Manager should intervene. 7. If the offense is alleged to have been committed by a Department Head, the Assistant Town Manager, or Human Resources Officer, the employee may complain directly to the Town Manager, who will direct the manner in which the charge is to be investigated. For disciplinary action less than termination, the Town Manager will take the action. Where the Manager deems termination appropriate, a report and recommendation will be made to the Town Council or the Human Resources Committee thereof. • 8. If the offense is alleged to have been committed by the Town Manager, an appointee of the Council who is not a regular Town. employee, or by a Council member, an employee may complain to any of the following persons, who should forward it to the Council: the Town Manager, Town Attorney, the Mayor, or the Chair of the Human Resources Committee of the Council. The incident will be investigated under the direction of the Town Council, which will take such action as it deems appropriate. 9. When finalized, the results of any investigation and the nature of any disciplinary action will be communicated to both the complainant and the offender. If appropriate, corrective measures may be implemented to minimize the likelihood of similar instances in the future. ~~ ~ Town of Pulaski, Virginia Human Resources Manual • Policy No. 4.210 Page 5 of 5 Adopted r~- ~ 9 7 10. Any involved employee covered by the Town's grievance procedure may appeal the decision through the normal grievance procedure if it is felt the findings were incorrect or that the disciplinary action and/or corrective measures were inappropriate. 11. Nothing contained herein shall prohibit a supervisor from attempting to resolve personnel conflicts through counseling or mediation, if the offended employee is agreeable. If the supervisor feels that harassment is probable, the choice of proceeding formally or informally will be left up to the complaining employee. Where the facts do not appear to support a finding of harassment, such counseling or mediation still maybe appropriate, whether or not the parties agree. DISCIPLINARY ACTION: An employee who violates this policy or otherwise harasses another employee or member of the public may be subject to the full range of disciplinary action, including discharge. • Whether or not disciplinary action is imposed, any action or inaction of an employee which fosters a hostile environment may be the basis for an unfavorable performance evaluation. • /~' f • Town of Pulaski, Virginia Human Resources Manual Poficy No. 4.600 Page 1 of 3 Adopted J/- ~- q'~ SUBJECT: POLITICAL ACT{VITIES PURPOSE: 1. To foster governmental efficiency and to ensure that employees can perform their jobs without being pressured to support specific Council or other political candidates or to interpret regulations favorably for supporters of such candidates. 2. To allow employee performance and advancement to be judged without regard to prior political activity. 3. To promote public confidence in the integrity of Town government to the end that Council Members will not be perceived as making decisions on the basis of political loyalties. STATEMENT OF POLICY: Section 1 -Prohibited Activities during Working Hours. An employee shall be • subject to discipline up to and including immediate dismissal for violation of these provisions: a. No officer or employee shall, while on duty during an assigned work shift as an employee of the Town: (1) Request or solicit contributions or anything of value for any political candidate or cause. (2) Participate in any political campaign by: (a) Speaking in favor of any candidate or cause. (b) Distributing literature. (c) Picketing or demonstrating on behalf of or in opposition to any political candidate or cause. (d) Organize, plan or in any other way participate in the administration of any political campaign. • b. No officer, employee or volunteer shall, while on duty and/or in the uniform of the Town, or while in or operating any Town vehicle, display ~f ~ U Town of Pulaski, Virginia Human Resources Manual • Policy No. 4.600 Page 2 of 3 Adopted //- ~- y 7 any badge, button, sign or sticker promoting or opposing any political cause or candidate. c. No officer or employee of the Town shall use public funds, property, or any other instrumentality or thing of value belonging to the Town to promote or oppose any political cause or candidate. d. Nothing in this policy shall be interpreted to prohibit an employee: (1) From stating any opinion regarding any political issue in ordinary conversation during working hours providing that such a conversation does not interfere with the employee's assigned job duties or that of any other employee. (2) Who does not have direct citizen contact from wearing a pin or button promoting or opposing any cause or candidate. (3) Displaying bumber stickers or other signs on privately owned vehicles used occasionally for Town activities. Section 2 -Coercion, Intimidation of Public Employees. No officer or employee of the Town shall use his/her public office or employment for the purpose, or with the effect of: a. Coercing or intimidating any Town employee or employees with respect to contributing to, opposing or promoting, or refraining from contributing to, opposing or promoting any political cause or candidate. b. Obtaining a benefit as a result of any political activity by: (1) Intentionally committing an unauthorized act under color of law. (2) Intentionally refraining from performing a duty imposed upon him by law. Section 3 -Illegal Political Activities. No officer or employee of the Town shall engage in any political activity which is prohibited under state or federal law. Any person engaging in such an activity shall be subject to disciplinary action, including immediate dismissal. • yy ~ • Town of Pulaski, Virginia Human Resources Manual Policy No. 4.600 Page 3 of 3 Adopted /~-~- r~ Section 4 -Federally Funded Programs. In addition to this policy, an officer or employee whose position is funded totally or primarily with federal funds shall be governed by the rules established by the United States Civil Service Commission and/or the Officer of Personnel Management. Any person who administers federal funds under a contract which limits the political activities of the administrator or which incorporates U.S. Civil Service rules shalt comply with those provisions. Failure of any officer or employee to comply with applicable restrictions imposed by such a grant or contract shall be subject to disciplinary action, including immediate dismissal. ~y Town of Pulaski, Virginia Human Resources Manual Policy No. 9.620 Page 2 of 2 Adopted ~~ - ~- y -7 necessary to provide care for a family member or receive treatment for a serious medical condition. However, to the extent necessary, the Town may temporarily transfer the employee to another position where the utilization of part-time employment can better be accommodated. At the end of the FMLA leave period, the employee shall be returned to his or her former position or to a similar position with equivalent pay and benefits. Employees taking FMLA leave will remain covered by the Town health plan for the duration of the leave, whether paid or unpaid, up to 12 weeks of cumulative leave; provided, however, that the employee will be required to pay his or her normal copayment of maintaining such health coverage. • • ~y~ I, Ruth A. Harrell, Clerk of the Council of the Town of Pulaski, Virginia, do hereby • certify that the foregoing Ordinance No. 97-21 is a true and correct copy of the Ordinance set out and adopted this 4th day of November, 1997. ~~~.. • •