Rules, Regulations and Policies Governing Employees Personnel Manual HUMAN RESOURCES Personnel Manual City of Auburn PO Drawer 1059, 1369 Fourth Ave., Auburn GA 30011 Phone 770.963.4002 • Fax 770.513.9255 Table of Contents GENERAL INFORMATION - Section 1 1.1. DEFINITIONS: 1 1.2. APPLICABILITY: 3 1.3. AMENDMENTS: 3 1.4. DISCRIMINATION PROHIBITED: 3 1.5. SEXUAL HARASSMENT: 3 1.6. CERTAIN RECORDS TO BE PUBLIC 4 1.7. ACCESS TO RECORDS: 4 1.8. PRESERVATION OF RECORDS: 4 1.9. FEES AND REWARDS TO BELONG TO THE CITY OF AUBURN: 5 1.10. EFFECTIVE DATE OF POLICIES: 5 1.11. ALCOHOL AND DRUGS: 5 1.12. ACCIDENTS AND INJURIES: 5 1.13 TRAINING REIMBURSEMENT: 6 CLASSIFICATION -Section 2 2.1. CITY ADMINISTRATOR TO PREPARE CLASSIFICATION PLAN: GUIDES FOR PREPARATION: 8 2.2. RECOMMENDATION OF ADOPTION OF PLAN: 8 2.3. ALLOCATION OF POSITIONS – Generally: 8 2.4. ALLOCATION OF POSITIONS – Similar positions to be in same class: 9 2.5. ALLOCATION OF NEW, CHANGED OR ADDITIONAL POSITIONS: 9 2.6. INTERPRETATION OF CLASS SPECIFICATIONS: 9 2.7. DETERMINATION OF CLASS ALLOCATION: 9 2.8. MINIMUM QUALIFICATIONS DEFINED: 11 9 2.9. REVISION OF CLASSIFICATION PLAN: 10 2.10. USE OF CLASS TITLES: 10 2.11. COMPLIANCE WITH CLASSIFICATION PLAN: 10 VACANCIES - Section 3 3.1. APPLICATIONS FOR VACANCIES Contents: 11 3.2. DISQUALIFICATION OF APPLICANTS: 11 3.3. TESTING: 12 3.4. RECORDS: 12 3.5. ANNOUNCEMENT OF OPEN COMPETITIVE VACANCIES: RECRUITMENT: 12 3.6. ANNOUNCEMENT OF PROMOTIONAL COMPETITIVE VACANCIES: RECRUITMENT 12 3.7. CONTINUOUS RECRUITMENT FOR CERTAIN CLASSES: 13 3.8. APPLICATIONS FOR VACANCIES – Generally: 13 3.9. CLOSED CLASSES: 13 PROBATIONARY PERIOD - Section 4 4.1. PROBATIONARY PERIOD: 14 4.2. CONDITIONS PREREQUISITE TO REGULAR STATUS: 14 PROMOTIONS, TRANSFERS, and DEMOTIONS - Section 5 5.1. PROMOTIONS – Generally: 15 5.2. PROMOTIONS – Promotion: 15 5.3. TRANSFERS -- Generally: 15 5.4. DEMOTIONS – Generally: 15 5.5. DEMOTIONS – Voluntary: 16 HOURS OF WORK, LEAVE AND HOLIDAY - Section 6 6.1. GENERAL DESCRIPTION: 17 6.2. HOURS OF WORK: 17 6.3. FULL-TIME SERVICE REQUIRED: 19 6.4. SICK LEAVE – Generally: 20 6.5. SICK LEAVE – Report to Supervisor: 20 6.6. SICK LEAVE – When Physician’s Certificate Required: 20 6.7. SICK LEAVE – Examination May Be Required: 20 6.8. SICK LEAVE – Applicability: 20 6.9. LEAVE OF ABSENCE: 20 6.10. HOLIDAYS: 22 6.11. VACATION – Generally: 23 6.12. VACATION – To Whom Not Applicable:233 6.13. VACATION – Schedules; When Limited:23 23 6.14. VACATION – Probationary Period: 23 6.16. MILITARY LEAVE – Request: 24 6.17. COURT LEAVE: 24 6.18 BEREAVEMENT LEAVE: 24 6.19 SALARY INCREASE POLICY: 24, 25 6.20 DONATION OF SICK TIME, VACATION TIME, COMPENSATORY TIME 26,27 TERMINATION - Section 7 7.1. TERMINATION – Definition: 28 7.2. TERMINATION – Generally: 28 7.3. EVALUATION UPON TERMINATION: 28 7.4. RESIGNATIONS: 29 7.5. CONSTRUCTIVE RESIGNATION: 29 7.6. REDUCTION IN FORCE: 29 7.7. VACATION PAY UPON TERMINATION: 29 7.8. TERMINATION OF BENEFITS AND EMPLOYMENT: 30 7.9. FITNESS FOR DUTY: 30 DISCIPLINE - Section 8 31 8.1. METHOD OF DISCIPLINE: 31 8.2. TYPES OF ACTION: 31 8.3. CODE OF CONDUCT: 32 8.4 POLYGRAPH EXAMINATION 34 8.5. ADVERSE ACTION FOR PROBATIONARY EMPLOYEES: 34 8.6. EMERGENCY ACTION: 35 8.7. APPEALS 35 DRUG FREE WORKPLACE - Section 9 9.1. Drug Free Workplace – General: 36 9.2. Drug Free Workplace – Purpose: 36 9.3. Drug Free Workplace – Prohibitions: 36 9.4. Drug Testing Required: 36 9.5. Reasonable Suspicion: 37 9.6. High Risk Jobs: 37 9.7. Responsibility: 37 9.8. Incidents Involving injury or property damage: 37 9.9. Drugs to be tested: 38 9.10. Failure to submit to Drug Test: 38 9.11. Confidentiality of Information: 38 9.12. Positive Results: 38 9.13. Affidavit: 38 INTERNET , COMPUTER USE AND CELL PHONE USE - Section 10 10.1 Internet and Computer use – General: 39 10.2 BACKGROUND: 39 10.3 DEFINITIONS 40 10.4 RESPONSIBILITIES: 40 10.5 OWNERSHIP: 41 10.6 POLICY: 41 10.7 AUTHORITY: 43 10.8 PROCEDURES: 44 10.9 MONITORING, COMPLIANCE, DISCIPLINARY ACTIONS 46 10.10 CELL PHONE USE 47 10.10.1 CELL PHONE POLICY 46 10.11.1 CELL PHONE POLICY CLARIFIED 46 10.12 REFERENCES: 48 10.13 ACKNOWLEDGEMENT: 49 DRESS CODE - Section 11 11.1 PURPOSE & POLICY 50 11.2 ISSUED CLOTHING , UNIFORMS & EQUIPMENT 50 11.3 DRESS CODE & GROOMING 51 11.4 PROHIBITED ITEMS OF ATTIRE 54 11.5 DUTY OF SUPERVISORS 52 JOB DESCRIPTIONS - Section 12 12.1 SEE APPENDIX A 55 SERVICE RECOGNITION PROGRAM- Section 13 13.1 GENERAL 56 13.2 EMPLOYEE MILESTONE PROGRAM 13,3 AWARDS PACKAGE 57 13.4 EXPLANATION OF AWARDS PACKAGE LIST 57 RETIREMENT - Section 14 14.1 RECAP ON RETIREMENT PLAN 58 14,2 RETIREMENT ELIGIBILITY 59 PAYROLL - Section 15 15.1 LEAVE REQUEST 60 15.2 TIME CARDS 60 15.3 ROUNDING RULE 61 15.4 OVERTIME 61 MISCELLANEOUS - Section 16 16.1 INCLEMENT WEATHER 62 TRAVEL - Section 17 17.1 PURPOSE 63 17.2 PROVISIONS 63 17.3 MEAL EXPENSES PER DIEM 64 17.4 USE OF CITY OWNED VEHICLE FOR BUSINESS TRAVEL 65 17.5 TRANSPORTATION 65 17.6 LODGING 66 17.7 NON REIMBURSED EXPENSES 66 17.8 MISCELLANEOUS EXPENSES 67 17.9 CASH ADVANCE FOR TRAVEL PER DIEM 67 17.10 COMPLIANCE AUDITING 67 VEHICLE USE - Section 18 18.1 Purpose 68 18.2 Authorized Use of Vehicles 68 18.3 Unauthorized Uses 69 18.4 General 69 18.5 Use of City Vehicle for Training 70 Assignment 18.6 Use of Personal Vehicle for City 70 Business 18.7 Driver Responsibilities 70,71 DISCLAIMER The City of Auburn and its employees have what is known as an “employment at will” relationship. This means that either the employee or the City of Auburn may terminate the employment relationship at any time, for any reason, with or without cause, and without any previous notice. This policy manual is intended solely as a set of guidelines. The policies contained in this manual are not intended to and do not create a contract of employment or property right and are not intended to change this at-will relationship. The policies in this manual may be changed, altered, revised, or discontinued at any time without notice. No policy in this manual constitutes a contract or confers a property interest in any employee’s job Should the terms and conditions of set forth in this Personnel Manual conflict with the policies and procedures of any department, the personnel manual provisions shall control. GENERAL General Information 1.1. DEFINITIONS: For the purposes of these policies, the following words and phrases shall have the meanings respectively ascribed to them by this section: Administrative Leave means the temporary removal of an employee with pay from the City of Auburn for a period necessary to complete an investigation of charges that may affect continued employment with the City of Auburn or for other reasons. Applicant means any person who has filed an application in accordance with the provisions of these policies. City means the administrative body of the City of Auburn. City Administrator means chief administrative officer of the City of Auburn, or delegated representative. Class means a group of positions recognized as such in the classification plan established and approved by the City Council. Demotion means the reduction of a regular or probationary employee to a position of a lower class. Department Head means any City of Auburn employee designated as the director or principal administrative officer of any department established in the internal organization of the City of Auburn as an administrative medium of the City Administrator. Dismissal means the act of discharging or removing an employee from the services of the City of Auburn. Employee means an incumbent of a position as hereinafter defined. Section 1 Exempt position means a position within any of the departments under the provisions of the City of Auburn approved personnel policies herein designated as exempt from the application of these policies. Full-time employee means any employee in a regular position working at least 40 hours per week. Open competitive vacancy means a position wherein announcement of a vacancy and acceptance of applications is solicited from every segment of the community to compete. Part-time employee means any employee in a regular position scheduled to work at least 17 ½ hours, but less than 35 hours per week on a continuing basis. Position means an office or employment, whether part-time or full-time, temporary or regular, occupied or vacant, composed of specific duties and responsibilities. Probationary employee described the status of an employee appointed or promoted in proper order and is required to serve a probationary or working test period. Promotion means the filling of a vacancy by the advancement of a regular employee from a position of lower class. Promotional competitive vacancy means a position in which an announcement of a vacancy and acceptance of applications is confined to regular employees of the City of Auburn. Public notice, unless otherwise expressly stated, means a written notice on a bulletin board accessible to the public during business hours, and other publicity as may be deemed necessary by the City Administrator. Reclassification means the substantial changing of duties, responsibilities, and functions of class. Salary advancement may or may not result from this designation. Regular employee described the status of an employee who has been hired, completed the probationary period, and placed in a full-time (or part-time) position. Resignation means an action separating, at the employee’s written or verbal request, and is accepted without prejudice provided that the resignation is not offered to avoid removal for cause. If a resignation is offered to avoid removal for cause, it will not be accepted as a resignation unless it is determined to be clearly in the best interest of the City of Auburn. Salary advancement means an increase in salary, based on quality and length of service within the salary range prescribed for a particular class of positions. Salary range adjustment means the allocation of a classification to a higher or lower salary range prescribed for a particular class of positions. Suspension means the temporary removal of an employee without pay from the City of Auburn for a specified period. Temporary employee means those engaged in activities of a strictly temporary nature. The duration of a temporary appointment shall be limited to the period of need. Transfer means an action to change an employee from a position in one department to a position in another department within the same classification. A lateral transfer involves an employee move from one position to another that is assigned to the same salary range but not necessarily the same classification. Where a transfer involves an increase or decrease of salary range, the action will be designated as promotion and demotion. 1.2. APPLICABILITY : Personnel covered: Except as otherwise specifically provided, the Policy Manual applies to all employees of the municipality except the following: 1.2.1 All elected officials; 1.2.2 The City Court Judge; 1.2.3 Members of City board, commissions, and committees; 1.2.4 Volunteer personnel; 1.2.5 The City attorney; and, 1.2.6 Other employees not regularly employed in regular positions. 1.3. AMENDMENTS : If and when it seems advisable in the interest of good administration, the City Administrator may make additions to or amend these policies, subject to the approval of the City Council. 1.4. DISCRIMINATION PROHIBITED : The City of Auburn provides equal employment opportunities for every employee and applicant for employment without regard to race, religion, creed, color, sex, age, national origin, handicap, or veteran status. 1.5. SEXUAL HARASSMENT : It is the policy of the City of Auburn to prohibit harassment of one employee by another employee or supervisor on the basis of sex during normal working hours. The purpose of this policy is not to regulate employee’s personal morality; it is to assure that no employee harasses another on the basis of sex. While it is not easy to define precisely what harassment is, it includes unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature such as uninvited touching or sexual-related comments which constitutes sexual harassment when this conduct explicitly or implicitly affects an individual’s employment or work performance, or creates a hostile work environment. Any employee who feels that he or she is a victim of sexual harassment or has witnessed such conduct should immediately report the matter to his or her Supervisor, Department Head, or City Administrator. All City of Auburn employees shall be advised of this policy. Should a Department Head or Supervisor be advised of an infraction of this policy, he or she should immediately report the incident to the appropriate Department Head. The policy of the City of Auburn is to listen to all complaints, investigate with due regard for confidentiality, and quickly apply appropriate sanctions that will end any offensive behavior. Employees are required to cooperate fully with any investigation of harassment or discrimination. Violations of this policy will not be permitted and may result in discipline up to and including dismissal. 1.6. CERTAIN RECORDS TO BE PUBLIC : The classification plan, the roster of employees, and these policies shall be considered public records. Records consisting of confidential evaluations or examinations prepared in connection with the appointment or hiring of a public officer or employee shall not be open to the public. Records consisting of materials obtained in investigations related to the suspension, firing, or investigation of complaints shall not be open to the public until ten (10) days after the action is concluded or terminated. 1.7. ACCESS TO RECORDS : It is the policy of the City of Auburn to comply with the Georgia Public Records Law (Georgia Code Section 50-18-70 et seq.). The Department Heads shall have access to the personnel records provided that nothing herein shall be construed so as to impair the confidential nature of such records. Individual employees shall have the right to review his or her permanent records upon written request. 1.8. PRESERVATIO N OF RECORDS: Examination records and files of persons actually employed shall be kept permanently. All such information shall be part of the permanent personnel file of persons appointed. Records pertaining to examinations of persons not hired, including correspondence, applications and examination papers shall be preserved for at least 2 years after the position which was being sought by an applicant has been filled. All records of disciplinary action, commendations, promotions, and demotions shall be transmitted from each department to the Director of Human Resources to be kept in the employee’s permanent personnel file. Such records shall be transmitted from the department to the Human Resources Director within three (3) business days of their creation. 1.9. FEES AND REWARDS TO BELONG TO THE CITY OF AUBURN: Any fees and rewards received by any employee by reason of the performance of any act required of such employee in the discharge of the employee’s duties, whether paid by an individual or by a public authority, shall be deemed the property of the City of Auburn, and no employee shall accept for private use and benefit any such fees or rewards. The only exception from the above will be such rewards recommended by the Department Head and approved by the Mayor and Council, and such rewards shall be documented in the employees personnel records and retained by the City of Auburn. 1.10. EFFECTIVE DATE OF POLICIES : These policies shall become effective upon adoption by the City of Auburn. This policy shall be read and construed in conjunction with the City Code. 1.11. ALCOHOL AND DRUGS : Consumption, use, working under the influence of, or unauthorized possession of alcoholic beverages or illegal drugs during working hours will subject the employee to disciplinary action up to and including dismissal. Employees shall comply with the City’s Drug Free Policy. (a) The provisions of the Drug Free Workplace Policy are mandatory and are set forth in Section 9 herein. Employee hereby acknowledges that they have read and agree to abide by all terms included therein. (b) The City Administrator is authorized to secure an independent qualified person or firm to perform any drug test for the City of Auburn. The contract shall be let by competitive bid annually to a person or firm certified to conduct drug testing pursuant to 49 C.F.R. Part 40, and other applicable federal and state regulations and City ordinances for City employees. Each person or firm submitting a bid shall certify that its testing program complies with 49 C.F.R. Part 40. 1.12. ACCIDENTS AND INJURIES : Any employee involved in an accident while operating a City vehicle should obtain a copy of any accident report made by a law enforcement agency and forward it to the Department Head or City Administrator immediately. Any work related injuries must be reported to the Employee’s Supervisor, Department Head or City Administrator immediately. Failure to comply with these reporting requirements may result in discipline up to and including termination. 1.13 TRAINING REIMBURSEMENT: 1.13.1 Any training or education program shall be approved in advance by each employee’s Department Head, or in the case of a Department Head is not available, the City Administrator. The City Administrator must certify that funds for the training have been appropriated in the budget before the employee may apply for the training or education program. 1.13.1.1 Training Programs do Not Count as Time Worked if attendance is outside of the employee’s regular working hours unless attendance is required by the Department Head or City Administrator. 1.13.1.2 Attendance is voluntary 1.13.1.3 The course, lecture, or meeting is not directly related to the employee’s job 1.13.1.4 The employee does not perform any productive work during such attendance 1.13.2 The City shall pay the non-exempt employee’s regular salary or hourly rate while the employee is in training during normal working hours or regular work schedule. The City shall pay any Overtime Pay or Compensatory Time for all training except P.O.S.T training that exceeds 40 hours actually worked for regular employees or 86 hours actually worked for the Public Safety employees at 1 ½ times the normal rate of pay. Exempt employees shall not receive Overtime Pay or Compensatory Time while on training during normal working hours or on a regularly scheduled work day. Actual costs and expenses incurred by employees attending approved training shall be reimbursed ONLY IF such costs are approved in advance by the Department Head. (See Section 15) 1.13.3 The employee shall be responsible for reimbursing the City of Auburn for all of the costs of the training or education program, including but not limited to tuition, travel, lodging, food and any other sums expended by the City under the following conditions: 1.13.3.1 The employee does not obtain prior written approval of his or her Department Head; or 1.13.3.2 The employee is terminated voluntarily or involuntarily less than eighteen months after the training. Reimbursement shall be made according to the following schedule: 100% if terminated within six months of the training. 50% if terminated between six months and one year of the training. 25% if terminated between one year and eighteen months of the training. If terminated after eighteen months of the training, no reimbursement is required. 1.13.4 An agreement or contract will be made and signed between the employee and the City of Auburn for reimbursement of training cost upon termination. If reimbursement is not paid within the terms agreed upon, the City may pursue collection of the sums due by legal process. Classification Classification 2.1. CITY ADMINISTRATOR TO PREPARE CLASSIFICATION PLAN: GUIDES FOR PREPARATION: A comprehensive classification plan for all positions has been established and approved by the Mayor and Council. The maintenance of the classification plan shall be subject to the provisions of these policies. The plan may be amended from time to time by the Mayor and Council. The plan shall be based on investigation and analysis of the duties and responsibilities assigned to each position, and each position shall be allocated to its proper class in the classification plan. The plan has been developed after consultation with the Department Heads and supervisory officials in the departments, and other persons technically familiar with the scope of the work. The classification plan shall include an appropriate title for each class of positions, description of duties and responsibilities and the required education, training, experience and other qualifications. The comprehensive classification plan is not intended to create and shall not create a contractual right or entitlement in a particular classification or job. 2.2. RECOMMENDATION OF ADOPTION OF PLA N: The City Administrator shall recommend the plan for review and recommendation to the City Council for final adoption. 2.3. ALLOCATION OF POSITIONS – Generally: Every position hereafter authorized or created shall be allocated to the appropriate class by the City Administrator who shall consult with the Department Heads and take his or her recommendations into consideration in making the decision. Each Department Head and the employees affected shall be notified of the allocation. As existing classes are abolished or revised or additional classes are established, allocations or reallocations necessitated thereby shall be made to new or existing classes. Section 2 2.4. ALLOCATION OF POSITI ONS – Similar pos itions to be in same class: Those positions, which are substantially similar in characteristics, shall be allocated to the same class. Such characteristics include but are not limited to difficulty, responsibility, degree of supervision required and exercised, character of work required, education, and experience. 2.5. ALLOCATION OF NEW, CHANGED OR ADDITIONAL POSITIONS: Whenever a new or additional position is authorized or created, or the duties and responsibilities of an existing position are substantially changed, the City Administrator shall allocate or reallocate the positions affected in the same manner as original allocations are made. 2.6. INTERPRETATION OF CLASS SPECIFICATIONS: Class specifications are descriptive and explanatory and are not restrictive. They are designed to indicate the kinds of positions, which should be allocated to the several classes as, determined by their duties or responsibilities and shall not be construed as prescribing what the duties or responsibilities of any particular position in a department shall be. The use of an individual expression of illustration as to the duties or responsibilities shall not be regarded as excluding assignment of other duties not mentioned which are of similar kind or quality. The language of class specifications is not to be construed as limiting or modifying the authority of the Department Head to take form, add to, eliminate entirely, or otherwise change the duties and responsibilities of a position, to assign duties or to delegate responsibilities to employees and/or to direct and control their work. 2.7. DETERMINATION OF CLASS ALLOCATION : In determining the class to which any position shall be allocated, the specifications for each class shall be considered as a whole, and shall be construed as a general description of the kinds of work characteristic of positions which should be allocated to the class, and not as limiting the authority to prescribe or alter duties or any position. 2.8. MINIMUM QUALIFICATIONS DEFINED: Minimum qualifications are comprehensive statements of the minimum background as to education and experience, which will be required in all cases as evidence of an appointee’s ability to perform the work properly. Required qualifications express the minimum background as to education and experience, which will be required in all cases as evidence of an appointee’s ability to perform the work properly. An exception will be made in cases where the appointee has demonstrated through proper examination techniques that, although the applicant’s education and experience do not correspond to the qualifications stated, they are in fact equivalent to or better than those prescribed. U. S. Citizenship or federal authorization to work in the United States, honesty, sobriety, and industry are to be considered as minimum qualifications for all positions. 2.9. REVISION OF CLASSIFICATION PLAN: The Department Head may recommend changes to the City Council in the classes or class specifications of the classification plan, which may include merger, division, alteration, or abolition of existing classes and the corresponding class specifications. The establishment of new classes and new class specifications will cover existing and newly created positions. Any changes recommended by the department head shall take effect upon approval by the Mayor and City Council. 2.10. USE OF CLASS TITLES: Class titles established for the classification plan shall be used in all personnel and examination procedures for all positions for the City of Auburn. 2.11. COMPLIANCE WITH CLASSIFICATION PLAN: No Department Head or Supervisor shall vary or waive the requirements of any classification or job description listed in Attachment 1 to this policy without the prior consent of the Mayor and Council. No Department Head or Supervisor shall hire any new employee until such employee can perform all the functions of his or her classification as called for in his or her job description. 3.2.1 It is found that applicant does not meet one or more of the preliminary requirements established for the examination for the class of position. 3.2.2 The applicant has made a false statement in the application. 3.2.3 The applicant has used or attempted to use political pressure or bribery to secure an advantage in the examination. 3.2.4 The applicant has failed to submit the application correctly or within the prescribed time limit. 3.2.5 The applicant has previously been separated from a former employer for cause or with prejudice. 3.2.6 The applicant has been convicted of a felony. 3.2.7 Other good cause exists to disqualify the applicant. 3.2.8 Nepotism – It shall be the policy of the City of Auburn not to employ or continue to employ anyone that would be in direct line of supervision of any member of an employee’s or elected official’s immediate family. Immediate family includes spouse, parents, sons, daughters, brothers, sisters, Section 3 Vacancies Vacancies 3.1. APPLICATIONS FOR VACANCIES – Contents: All application shall include a statement from the applicant of all pertinent information regarding applicant training, experience, and any other information the City Administrator may deem necessary. All applications shall be signed and the truth of all statements contained therein certified by such signature. 3.2. D I SQUALIFICATION OF APPLICANTS: The appropriate Department Head may refuse to examine an applicant, or, after examination, may disqualify such applicant if: grandparents, parents-in-law, sons-in –law, daughters-in-law, brothers-in-law or sisters-in-law. 3.3. TESTING: In addition to the application review, the appropriate department head may require applicants to complete an interview, a physical examination and/or written test as part of the evaluation process consistent with the terms of the Americans with Disabilities Act. Methods for testing may include written, performance and/or hands-on tests to identify job knowledge, skills and abilities. Examples include short-answer tests, true/false tests, physical agility tests, equipment handling tests, driving tests or typing tests. 3.4. RECORDS: The Human Resource Manager shall be responsible for the maintenance of all records pertinent to recruitment programs. Applications and other necessary records of applicants not appointed may be destroyed 2 years after the vacancy has been filled. 3.5. ANNOUNCEMENT OF OPEN COMPETITIVE VACANCIES: RECR UITMENT: The Human Resource Manager shall give announcement of all open competitive vacancies for positions at least five working days in advance of the closing date for receipt of applications. Every reasonable effort shall be made to attract qualified persons from every section of the community to compete for these vacancies. Public announcement of examinations shall specify: the title and salary range of the class of positions; the duties to be performed; any minimum qualifications required; the final date on which applications shall be received; and all other conditions of competition. 3.6. ANNOUNCEMENT OF PROMOTIONAL COMPETITIVE VACANCIES: RECRUITMENT : The Human Resource Manager shall give announcement of all promotional competitive vacancies for positions at least five working days in advance of the closing date for receipt of applications. Promotional competitive vacancies shall be limited to employees of regular status. Announcement of such vacancies shall be on a city-wide basis to include: title and salary range of the class of positions; the duties to be performed; any minimum qualifications required; the final date on which applications shall be received; and all other conditions of competition. Promotional competitive vacancies shall comply with section 3.2.8 Nepotism. 3.7. CONTINUOUS RECRUITMENT FOR CERTAIN CLASSES: For those classes in which there is expected to be a considerable and recurring need for applicants, the Department Head may establish a continuous recruitment program. Under such a program, applications may be accepted at any time. For those classes for which there is to be continuous recruitment, a statement shall be included in the announcement to the effect that applications will be received until further notice is given. 3.8 APPLICATIONS FOR VAC ANCIES – Generally : Applications shall be made on forms prescribed by the City Administrator and, except in continuous recruitment programs, must be filed with the Human Resource Department on or before the closing date specified in the announcements or postmarked before midnight of that date. The Human Resource Department shall be custodian of all such applications. 3.9 CLOSED CLASSES : Once all positions in a class have been filled, no new employees shall be hired for that class without the prior approval of the Mayor and Council. Probationary Period 4.1. PROBATIONARY PERIOD: The first six months of a service in a position to which an employee has been appointed or promoted under the provisions of this policy shall constitute a probationary period. The probationary period shall be an essential part of the examination process and shall be utilized for the most effective adjustment of the employee. If, in the estimation of employee’s supervisor and Department Head, a probationary employee satisfactorily completes the probationary period, at the end of the probationary six month period, the employee shall be classified as a regular employee of the City. If, in the discretion of the employee’s Supervisor or Department Head, an additional period of probation is warranted, the employee shall be given notice of such extension and the reasons for the extension of the probationary period, which shall be extended for an additional three months. 4.2. CONDITIONS PREREQUISITE TO REGULAR STATUS: It shall be the responsibility of the Department Heads to obtain a statement at 30, 90, and 180 days (and 270 days for sworn officers of the Police Department) during the probationary employee’s probationary period in writing from the proper Supervisor to the effect that the employee is or is not recommended to be retained. This statement shall contain an appraisal of the value of the employee’s service on forms established by the City Administrator. The Department Head shall obtain this statement prior to the completion of the probationary period and on the basis of such statement and recommendation shall make recommendations to the City Administrator. Regular status of such an employee shall begin on the day following the completion of the probationary period, unless action is taken to separate the employee prior to that date. If it is determined that an employee will not be retained, the Department Head shall notify the employee in writing in advance of the date on which the employee(s) services are to be terminated. If it is determined by the Department Head that an incumbent employee, who has been promoted and thereby placed on probation, will not be retained in the new position; the City has the discretion to terminate, demote, or return the employee to the prior position. The Department Head shall furnish the City Administrator with a copy of the service rating and shall notify the City Administrator of the action taken regarding the services of the employees. Revised May 19th, 2005 Ordinance 05-005 Section 4 Promotions, Transfers, and Demotions Promotions, Transfers, and Demotions 5.1. PROMOTIONS – Generally: A promotion is the filling of a vacancy on a competitive promotional basis by the advancement of a regular employee from a position in a lower classification. No employee shall be promoted unless the employee has regular status and a satisfactory or better record of service ratings. An employee who is promoted shall be required to serve a probationary period as provided in Sections 4-1 and 4-2 in the higher position. 5.2. PROMOTIONS – Promotion: A regular employee, on probation after a promotion, is eligible for a promotion. A new employee, on probation, is not eligible for a promotion. 5.3. TRANSFERS -- Generally: A Department Head may fill a vacancy at any time through the transfer or lateral transfer of a regular or probationary employee. In the case of transfer, the status of the employee shall be the same as the position from which the individual was transferred. All transfers shall be reported in writing by the Department Head to the City Administrator. Lateral transfers from one department to another require written release from the department in which the employee is currently working. 5.4. DEMOTIONS – Generally: A reduction of a regular or probationary employee’s position to a position of a lower classification is a demotion. A demotion may be made on a voluntary basis or on an involuntary basis for cause. In addition to the provisions of these policies, all demotions shall be subject to the same limitations as provided in Section 5.3 on transfer of employees. An employee who is demoted shall retain the same status in the lower position as in the higher, but be paid according to the salary scale for the lower classification. Section 5 5.5. DEMOTIONS – Voluntary : If for personal or other reasons, a regular or probationary employee prefers to be assigned to another position of a lower classification, the appropriate Department Head may make such a demotion subject to the same limitations applicable to transfers. 6.2.1 Generally: It shall be the duty of the Department Heads to require all full-time employees to work 40 hours per week, except weeks including days designated as Holidays. The number of hours worked per week and the length of the standard work period may differ for public safety officers, and other employees working shift schedules. Hours of Work, Leave and Holidays Hours of Work, Leave and Holidays 6.1. GENERAL DESCRIPTION: The City Administrator after consultation with the Department Heads shall prepare for final approval by the City Council regulations governing hours of work, sick leave and annual leave and other types of leave. It shall be the policy of the City of Auburn to make no advancement of sick leave or of annual leave. Any employee in a paid leave status shall continue to accrue all rights and privileges of full tenure with the City of Auburn. 6.2. HOURS OF WORK: 6.2.2 Vacation and Sick Time Hours per Day: 6.2.2.1 A regular hourly and salaried employee accrual is on an 8-hour day for vacation and sick days for all departments. 6.2.3 Compensatory Time: For all work performed in excess of his or her regular work schedules, all non-exempt/overtime eligible employees (those employees covered by all provisions of the Fair Labor Standards Act), shall be compensated at the rate of one and one-half (1.5) times his or her regular rate. The Department Heads must first approve all overtime hours before the employee performs the work. Non-exempt employees are not eligible for compensatory time. Exception – unless under contract with the City. The maximum accrual is 480 Hours. (320 hours overtime worked). Section 6 Unless under contract, all non-exempt employees must use their compensatory time as time off before March 31, 2012 or forfeit the time. Exempt employees may receive Compensatory Time for all hours worked on Saturdays or Sundays at the rate of one hour for each hour worked if approved by the Department Head and City Administrator. Exempt employees will forfeit all Compensatory Time not used by March 31st of the year after the year in which the time was accrued. Exempt employees will forfeit all accrued Compensatory Time at termination, retirement, or upon demotion to a non-exempt classification. Exempt employees shall not use Compensatory Time to extend their termination or retirement date. The City shall have no obligation to pay an exempt employee for any unused Compensatory Time at any time. An employee must obtain advance approval from the Department Head to schedule the use of Compensatory Time off in the manner outlined by § 6.13 in this Personnel Manual. Once an employee accumulates 100 hours of Compensatory Time, the Department Head(s), at his or her discretion, may direct the employee to use his or her Compensatory Time at specified times. No employee may take more than three (3) days of Compensatory Time in succession without prior written approval of the Department Head and the City Administrator. 6.2.4 Recording Attendance All employees, whether exempt, non-exempt, hourly or salaried shall record their attendance on devices provided by the City. Certified Police Officers and other employees who begin work away from the office are allowed to clock in and out remotely upon approval of their Department Head. All other employees must use the onsite time clocks. Non-exempt employees are required to clock in and out for payroll and attendance purposes. The time clock records will be used to track attendance for exempt employees. All non-exempt employees should clock in no sooner than 7 minutes before or after the scheduled shift and clock and out no later than 7 minutes before or after the scheduled shift. All employees except Certified Police Officers and Police Support Services (12 hour employees) are required to clock in and out for lunch breaks. All employees are required to clock in at the beginning of each work day and to clock out at the end of the work day. If any employee misses the window for clocking into the timekeeping system, the employee should notify the Supervisor or Department Head as soon as possible. The Supervisor or Department Head will then report the matter to the Human Resources Coordinator. Employees who miss time clock entries more than two times in a calendar month will be subject to disciplinary action according to Section 8 of the Personnel Manual. Employees may not use another employee’s badge or otherwise clock in or clock out for another employee. Non-exempt employees are permitted to work overtime only with prior authorization from their Supervisors or Department Heads. Overtime includes clocking in early or out late or working through the scheduled lunch period and all other non-scheduled hours worked if the total hours exceed a regular scheduled work week or special pay period. Non-exempt employees who work overtime without prior authorization will be subject to disciplinary action. 6.2.5 Calculation of Leave Time The term “leave time” shall mean any sick leave, compensatory time, vacation leave or any other personal leave or time off from work. For salaried employees (also sometimes called “exempt employees” for purposes of the Fair Labor Standards Act), leave time shall be used and accounted for by clocking in and clocking out. The Post Certified Police Officers and Support Services (12 hours employees) are not required to clock in or out for lunch. Employees shall record their time in and out or report their leave to their immediate Supervisor or Department Head, and the Supervisors or Department Head shall maintain records of employees leave and report leave time to the City Human Resources Coordinator. All other and further provisions of the Personnel Manual shall remain in full force and effect. 6.3. F ULL - TIME SERVICE REQUIRED: The City of Auburn shall be entitled to full-time services of all employees who hold full-time positions. Employees shall not be entitled to hold any other regular position with the City of Auburn or any other employer. The Department Head may waive this requirement upon written request by the employee if the request is in the interest of the City of Auburn and its employees. 6.4. SICK LEAVE – Generally: New employees may accrue but may not take sick leave until after 6 months of employment. Sick leave shall accrue at a rate of 3/4 day per month and up to 9 days per year. Accrued sick leave over 25 days or 200 hours shall be paid on the 2nd Pay Period in February following the end of the calendar year. 6.5. SICK LEAVE – Report to Supervisor: An employee on sick leave shall inform his immediate Supervisor of the fact and the reason immediately. Failure to do so may be cause for denial of sick leave with pay for the period of the absence. Sick leave may be used for personal matters as “Personal Leave” until exhausted. 6.6. SICK LEAVE – When Physician’s Certificate Required: Three days absence due to illness requires a doctor’s excuse. Any sick leave granted in accordance with Section 6-4 may require the presentation of a written statement by a physician certifying that the employee was unable to report to work. Department Heads shall determine when a written statement is necessary. 6.7. SICK LEAVE – Examination May Be Required: If an employee’s record for absences on account of illness is excessive, the appropriate Department Head may require a physical examination at City of Auburn’s expense, to determine the physical fitness of the employee. If the employee does not submit to an examination, the Department Head may remove the employee from the payroll until such time as may be necessary to determine whether the employee should be placed on a leave of absence, terminated from service, or continued on regular payroll. 6.8. SICK LEAVE – Applic ability: Sick leave regulations shall not apply to employees engaged in Temporary or Part- time positions. 6.9. LEAVE OF ABSENCE: Leave of absence without pay for a period not to exceed twelve (12) consecutive weeks may be granted to an employee who is not on probation upon the request of the employee and the approval of the appropriate Department Head. If Leave qualifies as Family and Medical Leave (FMLA), the rules of that statute shall be applied first. The criteria for granting such a request shall include but are not limited to (1) the length of the leave request; (2) the impact of the work program pursuant to such leave; and (3) a viable plan of action to “cover” the duties and responsibilities of the employee requesting such leave. The employee will receive a written decision on the leave request from the Department Head. Leave of absence when granted to a regular employee for reasons of temporary disability (including pregnancy) may become effective on the date upon which such employee exhausts accumulated sick leave. When such disability seems imminent, the Department Head may require a written certificate from a physician that continued employment will not impair the health of the employee. Employee Responsibility shall give written notice of intention to return to work at least 30 days prior to the end of the leave, and return to work within or at the end of the time granted, or notify the City of Auburn Department Head immediately when there is a decision not to return If the employee does not give notice of the intention to return, the City of Auburn is not required to provide reinstatement but may do so if feasible. Failure to report at the expiration of a leave, unless an extension has been requested and approved by the Department Head, may be considered as a resignation. While exhausting leave, the employee: continues to accumulate leave, is eligible to take sick leave, is entitled to holidays, and is eligible for salary increased during that period. Any accumulated unused Compensatory Time, Vacation, or Sick Leave shall be retained. Eligibility to accumulate leave ceases on the date leave without pay begins. While on leave without pay the employee may continue coverage under the City of Auburn’s health and dental insurance program by paying the full premium cost (no contribution by the City). Reinstatement to the same position or one of like seniority, status and pay must be made upon the employee’s return to work unless other arrangements are agreed to in writing by the Department Head or City Administrator. Revised: 6.10 HOLIDAYS: The following days will be granted all regular employees as Holidays with full pay: HOLIDAY DATE New Years Day January 1 Martin Luther King, Jr.’s Birthday Third Monday in January Good Friday Friday prior to Easter National Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Thanksgiving Day Fourth Thursday in November Friday following Thanksgiving Fourth Friday in November Christmas Day December 25 Day after Christmas (or before if so designated by the Mayor and Council) Whenever an authorized Holiday falls on Saturday or Sunday, the preceding Friday or following Monday respectively will be observed as determined and approved by the City Administrator. To be entitled to Holiday Pay it is required that regular employees work the last scheduled day before the Holiday and the next scheduled day after the Holiday unless on approved vacation, approved sick leave, or leave without pay due to an approved work related illness or injury. An employee on vacation leave or sick leave during a Holiday will not be compensated for both. Part-time employees will be paid for Holidays if such Holiday occurs on a day that the employee is scheduled to work. Payment shall be for the number of hours that employee is scheduled to work on that particular day. Temporary employees are not paid for Holidays. 6.11 VACATION – Generally: Vacation shall accrue as follows: Length of Service Vacation Leave 1 – 5 Yrs. 10 days 6-15 Yrs. 15 days 16 Yrs .and over 20 days Vacation shall accrue on a prorated basis with each pay period. Vacation time earned in excess of 480 hours which is not used by the employees anniversary date will be forfeited effective on the 1st Pay Period following the employees anniversary date. The employee that will be reaching the maximum accrual allowed, will be notified 90 days prior to the date of the expiration 6.12 VACATION – To Whom Not Applicable: Vacations shall not apply to employees engaged in temporary or part-time positions. 6.13 VACATION – Schedules; When Limited: Each employee shall be responsible for submitting a vacation request in writing and on a prescribed form to his or her Supervisor. Schedules of vacation usage shall be prepared and maintained by each department in accordance with policies agreed upon within the department and subject to approval of the City Administrator. 6.14 VACATION – Probationary Period: Employees serving a probationary period on an original appointment shall earn and accrue vacation as set forth in these policies. Such employees shall not be granted vacation during the probationary period. If an employee serving a probationary period on an original appointment leaves the City’s service without completion of the probationary period, there will be no compensation for any accrued vacation. 6.15 MILITARY LEAVE – Annual Encampments : Any regular employee of the City who is a member of the National Guard, Enlisted Men, or Officer'’ Reserve Corp or such other U. S. military organizations, and who may be called for required training is entitled to receive pay for up to (18) days of required training per year. Leave extending beyond (18) days per year will be without pay unless granted by the recommendation of the appropriate Department Head. 6.19.1 Setting Salary for New Hire: 6.19.1.2 The budgeted funds available to pay a potential new employee will be calculated by the City Administrator and certified to the Department Head. If any proposed hire would exceed the department’s budget, the Mayor and City Council must approve that hiring decision or salary increase before any offer is extended to a potential employee. 6.16 MILITARY LEAVE – Request: Employees requesting military leave shall be required to submit to the Department Head, in advance, a statement from the proper military authority ordering such employee to the active duty for which leave is to be taken. 6.17 COURT LEAVE: Any regular employee serving on a regular or probationary basis shall be entitled to leave of absence from duties, without loss of pay or time and without effect of service rating, on all days during which the employee is subpoenaed by a court, federal, state or political subdivision to serve as a juror or witness. The employee’s compensation for time on court leave shall be the difference between his or her regular compensation and the amount received in fee. 6.18 BEREAVEMENT LEAVE: Any regular employee serving on a regular basis shall be entitled to up to three (3) days of Bereavement Leave with pay if a death occurs in his or her immediate family. For purposes of this subsection, immediate family includes spouse, parents, sons, daughters, brothers, sisters, grandparents, parents-in-law, sons-in-law, daughters-in-law, brothers-in-law, sisters-in-law, and grandparents-in-law. 6.19 SALARY INCREASE POLICY: 6.19.1.1 The City Administrator will certify in writing that there is an open position in accordance with the current budget before any offer is extended to potential employee. 6.19.1.3 The new employee will begin at the pay step and grade no higher than that set for the classification by the City Council in the current budget. The Department Head should allow for cost of living increases and increases anticipated for performance and additional certifications that the employee may be compensated for with salary increase. 6.19.2 Promotion Increases: 6.19.2.1 The City Administrator will certify in writing that there is an open position in accordance with the current budget before any promotion is offered to employee. 6.19.2.2 The budgeted funds available to pay a promoted employee will be calculated by the City Administrator and certified to the Department Head. If any proposed promotion would exceed the department’s budget, the Mayor and City Council must approve that hiring decision or salary increase before any offer is extended to a potential employee. 6.19.2.3 There is no guarantee or requirement that an existing employee is entitled to any promotion. Vacant positions may be filled by promoting existing employees or by seeking to fill the position from persons who are not currently employed with the City. In the case of a vacancy, the department head will determine whether the vacancy may be filled by promotion or not. If the department head determines that the vacancy may be filled by promotion, employees seeking the promotion must meet all requirements for the new position including application, evaluation, testing, or certification. 6.19.2.4 In the event the Department Head certifies that an existing employee is promoted, the increase in the employees pay will be computed as follows: 6.19.2.5 The employee's new salary will be reviewed based upon the pay grade for the new classification. Any such increase shall not exceed the maximum step for the position given in the current year's budget. 6.19.2.6 If any proposed promotion or salary increase associated with a promotion would exceed a department's budget, the Mayor and City Council must approve such promotion before any offer is extended. 6.19.3 Cost of Living Increases: 6.19.3.1 Cost of living increases are not guaranteed, and if granted by the City Council, will be no more than one step on the salary pay class schedule, if such increases are approved by the City Council. 6.19.3.2 The increase will be given only at the start of the fiscal year. 6.19.3.3 If the fiscal year budget is not approved before the start of the year, then the increase will be given retroactively back to the start of the fiscal year unless the City Council restricts the increase in budget resolution. 6.19.4 Performance Evaluations: 6.19.4.1 New employees will be given a performance evaluation at 30, 90, and180 days (and 270 days for sworn officers of the Police Department) during his or her probation by their immediate supervisor. 6.19.4.2 Employees that have passed their probation period will be given an evaluation on his or her anniversary date or promotion date if they have received a promotion after their hire date. An employee will be given at a minimum of one evaluation per year. While an employee may receive more than one performance evaluation per year, in no event shall an employee receive more than one performance based salary increase per year. 6.19.4.3 The Department Head will determine whether an employee should receive a performance based pay increase. No employee is entitled to an annual pay increase. The department head, in his or her discretion, may determine whether such an increase is warranted or not. Prior to granting any performance based pay increases, a Department Head shall obtain written certification from the City Administrator that the increase is contemplated or within the current budget. Should the Department Head wish to grant performance based salary increases in excess of those certified by the Clerk to be in the current year's budget, the Department Head must obtain approval for such increases in advance from the City Council. 6.20 DONATION OF SICK LEAVE, VACATION LEAVE, OR COMPENSATORY TIME When an employee has exhausted or expects to exhaust all sick leave, vacation leave, and compensatory time, other City employees may donate his or her sick leave, vacation leave or compensatory time for the benefit of an employee who has exhausted his or her sick leave, vacation leave, and compensatory time subject to the following terms and conditions: 6.20.1 Recipient Employees. To receive donated leave, a recipient employee must have a serious health condition or have caregiver responsibilities for an immediate family member with a serious health condition. A “serious health condition” is an extreme, catastrophic or life-threatening medical condition which includes continuing treatment or supervision by a health care provider or treatment of a chronic or long-term health condition. The receiving employee’s Department Head must approve the additional leave in advance in writing. The Recipient must exhaust or expect to exhaust all accrued sick leave, vacation leave and compensatory time to be eligible to receive donated leave. An employee who is out of work on short term, or long term disability leave or who is receiving Workers Compensation is not eligible to receive donated leave. The total number of days received in any calendar year shall not exceed 20 days. If any eligible employee is diagnosed with a potentially terminal illness and cannot return to work, the total number of days received in a calendar year may be extended to 40 days of donated leave. 6.20.2 Donating Employees.. The employee(s) making the donation of sick leave, vacation leave, or compensatory time shall execute a form prepared by the City Administrator to evidence the employee’s voluntary relinquishment of his or her leave time for the benefit of his or her fellow employee. Any donation of sick leave, vacation leave, or compensatory time made pursuant to this policy is irrevocable regardless of whether the recipient uses the donated sick leave, vacation leave, or compensatory time, and after signing the form prepared by the City Administrator, the donor shall have no further claim on the leave time donated. Donated time shall be accrued in a “bank” of donated time until assigned to a Recipient Employee. No employee may donate more that 5 days of leave or more than 40 hours of compensatory time in any calendar year. Termination Termination 7.1. TERMINATION – Definition: For purpose of these policies, termination shall be considered to include Employer initiated separation, layoff, reduction in work force, firing, resignation or any other employer and employee initiated separation. 7.2. TERMINATION – Generally: It is understood that except as otherwise provided in these policies, the tenure of a regular employee shall be AT WILL during satisfactory performance of the employee’s duties as recorded by the employee service ratings. However, no full-time or part-time employee is guaranteed employment and the City expressly retains the right to terminate the employment relationship with or without notice and with or without cause. A termination may not be effective on a holiday and in no event shall the effective date of any termination be extended by use of annual leave. 7.3. EVALUATION UPON TERMINATION: In every instance other than death, upon the termination of an employee from a position, the employee’s Supervisor shall submit to the City Administrator in writing an evaluation of the employee’s services. An employee receiving an unsatisfactory rating shall be considered to be terminated with prejudice. When the Department Head believes that the employee being terminated lacked the performance capacity for work at the assigned level, the decision may be modified. It may be recommended that the employee not be considered for other positions requiring the same type of performance, in which case the prejudice shall attach only in connection with positions of the same type and level. Such prejudices may be removed at any time by the Mayor and Council upon submission of satisfactory evidence of the individual’s increased performance capacity. Section 7 7.5.1 The employee, without valid reason, fails to report to work for two (2) consecutive working days without authorized leave. 7.5.3 The employee refuses to submit to a polygraph test in conjunction with an investigation involving charges that may subject an employee to adverse disciplinary action or a requirement of federal or state law for continued employment as required under § of this Personnel Manual. 7.4. RESIGNATIONS: The Department Head shall immediately notify the City Administrator of the resignation of an employee and shall submit an evaluation of services, information as to why the employee has resigned, and all other available information to complete the employee’s records. The City Administrator shall immediately notify the Mayor and City Council of all terminations, resignations and separations. The Human Resource Department will prepare the termination paperwork. The City Administrator will conduct an Exit Interview which will be completed by both the employee and the City Administrator. An employee who resigns shall give the City not less than two (2) calendar weeks notice of such resignation. During this two week period, the employee shall report for work each day, complete his or her regular duties, including but not limited to training successors or other City personnel in making the transition for the employee’s exit. No accrued vacation pay, sick leave, compensatory time or other leave may be used to shorten this notice period or excuse the employee from full time service during his or her last two weeks of work. Should any employee fail to provide the notice described herein or fail to work the two week period described herein, the employee shall forfeit any accrued benefit including vacation, sick leave, or other compensation. 7.5. CONSTRUCTIVE RESIGNATION: The following actions by any employee shall constitute constructive resignation: 7.5.2 The employee refuses to submit to a drug and/or alcohol test or fails to appear at the designated collection site to take the test when so directed; 7.6. REDUCTION IN FORCE: The City Administrator in consultation with the Department Head and subject to City Council approval, may effectuate a reduction in force by reason of shortage of funds, or other material change in duties or organization on the basis of seniority, service ratings, and individual qualifications. 7.7. VACATION PAY UPON TERMINATION : If an employee resigns, the employee shall be paid all accrued but unused vacation at the employee’s rate of pay averaged over the preceding three (3) year period of employment at the time of their resignation, provided the employee has given and worked at least two (2) weeks prior notice. During this two week period, the employee shall report for work each day, complete his or her regular duties, including but not limited to training successors or other City personnel in making the transition for the employee’s exit. No accrued vacation pay, sick leave, compensatory time or other leave may be used to shorten this notice period or excuse employee from full time service during his or her last two weeks of work. Should any employee fail to provide the notice described herein or fail to work the two week period described herein, the employee shall not be eligible to receive any pay for accrued but unused vacation. In the case of resignation or involuntary termination, the employee’s vacation pay may be used to reimburse the City for any training expenses owed the City pursuant to Section 1.13. A regular permanent employee who satisfies the requirements outlined in this Section, , upon separation from employment, may receive final pay to include all unused accumulated annual leave at the employee’s regular rate of pay averaged over a three (3) year period of employment.. 7.8. TERMINATION OF BENEFITS AND EMPLOYMENT: City benefits and employment shall not extend to any employee for more than 6 months after the employee leaves the City’s regular employment for a medical leave of absence or as a result of an injury or other disability. This provision shall not prohibit an employee from continuing insurance coverage by paying the full premium cost (no contribution by the City of Auburn) at his or her own expense pursuant to federal law, nor receiving any other benefit provided by the Americans with Disabilities Act or other law. 7.9 FITNESS FOR DUTY: Any employee who is unable to perform the essential functions of his or her job because of a failure to fulfill the licensing, certification, or physical requirements of his or her job shall be separated from employment. This policy applies to any certifications, licenses, fitness requirements or other conditions essential to the function of the job. The City will reasonably accommodate any disabilities in accordance with the requirements of applicable law. Discipline Discipline 8.1. METHOD OF DISCIPLINE : The City of Auburn advocates a progressive system of disciplinary action. Progressive discipline is a process in which disciplinary action is taken in degrees of increasing severity. An employee who violates established policies will be subject to disciplinary action. This applies to both probationary and regular employees. The notification and response procedures for regular employees are outlined in Section 8-6. Disciplinary action is intended to correct or modify recurring patterns of behavior which are detrimental to departmental or city operation. Such action should be initiated as soon after the behavior is observed as possible. Disciplinary action should also be undertaken in private meetings when possible. It is recognized that given the public nature of City of Auburn it is not always possible to do this. However, every effort should be made to execute disciplinary action in a timely manner while respecting the integrity of the process. The City’s use of progressive discipline shall not create any contract or property right for employment for any employee. In some circumstances, progressive discipline may not be employed. Nothing in this section shall be construed to modify the at will relationship between the City and its employees. 8.2. TYPES OF ACTION: The following types of disciplinary action may be taken against employees violating established policies. These actions are ordinarily to be taken in the sequence in which they appear below. It is recognized that some violations are so severe as to require circumvention of the established sequence. These infractions and the disciplinary action to be taken in such instances are outlined in Section 8.3. 8.2.1 Reprimands. This is a formal means of communicating to the employee a warning that a problem exists and that it must be corrected. Section 8 8.2.2 Oral reprimand. The immediate supervisor will verbally explain to the employee that a problem exists and what must be done to correct the problem. 8.2.3 Written reprimand. The employee will receive a written statement describing the problem and what must be done to correct it. The written reprimand will also contain a statement describing the probable consequences of not correcting the problem. A copy of the written reprimand will be given to the employee during a private meeting. 8.2.4 Adverse Action. This is an action taken by the Department Head that results in a disciplinary suspension without pay, a disciplinary salary reduction, a disciplinary demotion, or a disciplinary dismissal. 8.2.5 Suspension without pay. An employee may be suspended without pay for a violation of accepted policies governing performance and conduct, or when in the discretion of the City, the particular facts and circumstances warrant immediate suspension. The suspension without pay shall not exceed thirty (30) working days in one calendar year. 8.2.6 Disciplinary Salary Reduction. An employees salary may be reduced a specific amount for a specified period of time for a violation of accepted policies governing performance and conduct, or when in the discretion of the City, the particular facts and circumstances warrant. 8.2.7 Disciplinary demotion. An employee may be demoted to a lower salary classification for disciplinary reasons if a lower position is open, and if the employee is qualified to perform the work. 8.2.8 Dismissal. An employee may be dismissed for disciplinary reasons when all other alternatives have failed to solve the problem, or when it is necessary to remove the employee from the work place immediately and/or permanently. 8.3 CODE OF CONDUCT : The City has established a Code of Conduct for its employees. Commission of any of the following offenses will subject the employee to disciplinary action up to and including termination. This Code of Conduct, although intended as a guideline for employees, it is not necessarily exhaustive and the City retains the right to administer disciplinary action for offenses not specifically listed below. 8.3.1 Insubordination or uncooperative attitude, which is defined as the refusal to obey any instruction or directive of a Supervisor or demonstrating contempt or disrespect for a supervisor, fellow employee, or city official, whether in or out of his or her presence. 8.3.6 Willfully giving false information to supervisors, officials, or the public. 8.3.7 Violation of any City ordinance, administrative rule, or departmental rule. 8.3.8 Discovery of a false statement in an application which had not been previously detected. 8.3.9 Acceptance of gratuities in conflict with the employee’s job or City policy. 8.3.10 Political activity not otherwise protected by applicable federal, state or local law or regulation. 8.3.11 Acts during or outside of duty hours, which are incompatible with public service. 8.3.12 Discourteous acts toward the public or other employees. 8.3.13 Drinking alcoholic beverages or use of illegal non-prescription drugs outside work hours in such manner as to adversely affect attendance or job performance. 8.3.14 Falsification or destruction of official records or documents or use of official position for personal benefit, profit, or advantage, or for other improper reasons. 8.3.15 Failure to report an occupational injury or accident during the shift on which it occurred. 8.3.16 Possession of firearms or other dangerous weapons, except for police officers in the performance of their official duties. 8.3.17 Harassment of other employees or the public. 8.3.18 Poor job performance. 8.3.19 Failure to report an off-the-job accident or injury which may affect the performance of your job. 8.3.20 Using tobacco products shall not be used within any City building or vehicle. Smoking and the use of smokeless tobacco products shall be limited to those areas designated for smoking. 8.3.2 Failure to perform work at an acceptable level of competence as determined by the Department Director (this may include excessive tardiness, lost time, or inefficiency). 8.3.3 Conviction of felony or crime involving moral turpitude. 8.3.4 Inexcusable absence without leave. 8.3.5 Abuse or misuse of City property or vehicles. 8.3.5.1 Regulations regarding Internet and Computer Use are contained section 10. 8.3.21 Gambling during work or on City property. 8.3.22 Failing to notify your supervisor within one hour of the start of your scheduled work period when you will be absent from work or late to work. 8.3.23 Conduct which endangers you or another employee. 8.3.24 Remaining on or coming onto City work premises during off-duty hours for purposes other than to work without advance approval. (Employees may report early and/or leave late due to transportation arrangements.) 8.3.25 Restricting work production, encouraging or persuading others to restrict work production or supporting an interruption of work. 8.3.26 Obtaining materials or tools on fraudulent orders or misrepresentations. 8.3.27 Bringing and/or consuming alcohol, drugs, or narcotics at work or working on the job under the influence of alcohol, drugs or narcotics. From time to time there may be City-sponsored events where alcoholic beverages may be served and employees are expected to conduct themselves in an orderly manner. 8.3.28 Carrying explosives or unauthorized weapons on a work site. 8.3.29 Giving false information in making application for employment or pursuant to any City inquiry or investigation. 8.3.30 Fighting or attempting bodily injury to others on a work site except in clear cases of self-defense. And, the foregoing may result in immediate termination with one occurrence. 8.4 POLYGRAPH EXAMINATIONS : Employees may from time to time be required to submit to a polygraph test in conjunction with an investigation involving charges that may subject an employee to adverse disciplinary action or a requirement of federal or state law for continued employment. Polygraph tests administered to employees are subject to the following conditions: 8.4.1 Questions will relate specifically and narrowly to the performance of official duties. 8.4.2 The answers will not be used against the employee in any subsequent criminal prosecution; and 8.4.3 The penalty for refusal is dismissal, which may be classified as “constructive resignation.” 8.5 ADVERSE ACTION FOR PROBATIONARY EMPLOYEES: The probationary employee may be subject to disciplinary action, including dismissal, at any time during the probationary period. 8.6 EMERGENCY ACTION: The appropriate Department Head or his or her appointed designee may take immediate action against an employee under emergency situations. The immediate action will be to suspend the employee until an investigation can be conducted. If discipline is appropriate, the procedures described in this chapter will be followed under normal circumstances. If the employee is unable to communicate or respond, the employee will be placed on leave without pay until it is determined that the employee cannot return to work or until the employee can respond. Examples of emergency situations include: crimes of moral turpitude, alleged commission of a felony, injurious or dangerous behavior, or damage to or destruction of public property. 8. 7 APPEALS: Any employee who is disciplined shall be given notice of the reasons for the disciplinary action, and copies of the notice shall be forwarded to the City Administrator. Should an employee disagree with the disciplinary action, he or she shall first consult with his Department Head. The Department Head shall review the disciplinary action and make a decision in writing either sustaining or modifying the disciplinary action. Should the employee disagree with the decision of the Department Head, he or she shall have the right to request a review of the matter with the Judge of the Municipal Court of the City of Auburn. A request for such review must be made in writing, signed by the employee, and filed with the City Administrator within ten (10) days of the date of the decision of the Department Head. The City Administrator shall notify the employee of the date, place and time for the hearing with the Judge of the Municipal Court. At the hearing, the employee shall present his or her appeal to the Judge, whose decision shall be conclusive on all such appeals. All other and further parts of the Personnel manual shall remain in full force and effect. 9.2.1 To communicate to all employees the City’s policy regarding the sale, use, or possession of drugs and alcohol; 9.2.2 To implement a program of drug screening and testing for employees in “high risk” jobs; and 9.2.3 To conduct an ongoing drug abuse prevention program. Drug Free Workplace Drug Free Workplace 9.1. DRUG FREE WORKPLACE – General: The United States Congress has enacted the Drug Free Workplace Act of 1988. The purpose of this law is to ensure that work done under federal contracts or federal grants are performed in a drug free work environment. The following policy is adopted to comply with that Act and to further the health, safety, and welfare of the employees and citizens of the City of Auburn. 9.2. DRUG FREE WORKPLACE – Purpose: 9.3. DRUG FREE WORKPLACE – Prohibitions: No employee of this City shall illegally engage in the manufacture, distribution, dispensation, possession, or use of a controlled substance or in alcohol or prescription drug abuse at any time or place, including while at his or her workplace. Such unlawful activity will be considered a sufficient grounds for disciplinary action, up to and including dismissal from employment. 9.4. DRUG TESTING R EQUIRED: An employee shall be required to submit to drug and or alcohol testing when there is reasonable suspicion to believe that such employee is under the influence of drugs and or alcohol during assigned working hours or while otherwise on government duty or in control of government property. All employees who engage in “high risk” activities shall be subject to regular random drug tests. All job applicants considered for employment must pass a drug Section 9 screening test before being hired. Applicants will be informed in advance that a drug test is required for employment with the City. Applicants who fail the test shall not be eligible for employment with the City. 9.5. REASONABLE SUSPICION : “Reasonable Suspicion” shall mean a reasonable belief based on specific objective facts and inferences drawn form those facts. Situations that may give rise to conclusion that an employee is under the influence of drugs and or alcohol include, but are not limited to the following: 9.5.1 An employee is involved in a physical or verbal altercation on the job; 9.5.2 An employee has an excessive number of incidents or accidents on the job; 9.5.3 An employee exhibits unusual behavior such as slurred speech, unsteady walking or movement on the job, unusual flare-ups or outbursts of temper; 9.5.4 An employee exhibits abrupt changes in work attendance, quality of work or work output; 9.5.5 An employee has an odor of alcohol or drugs on their person on the job. 9.6. HIGH RISK JOBS : “High risk jobs” shall mean all of those jobs in which the employee performs work where inattention to duty or errors in judgment while on duty will have the potential for significant risk of harm to the employee, other employees, or the general public including jobs where the employee operates any vehicle or equipment. 9.7. RESPONSIBILITY: Supervisor who suspects an employee is under the influence of drugs and or alcohol shall immediately report the incident to their Department Head. The Department Head has the responsibility of implementing the terms and requirements of this Drug Free Workplace Policy. In the event a Department Head determines that there is reasonable suspicion under section 9.5, then the Department Head shall have the authority to require testing is done pursuant to this paragraph. 9.8. INCIDENTS INVOLVING INJURY OR PROPERTY D AMAGE: All employees involved in a work-related incident causing personal injury or property damage shall be tested promptly for drug and or alcohol use in accordance with this policy. Any employee involved in a motor vehicle accident while driving a government vehicle shall be tested for drugs and alcohol promptly in accordance with this policy. 9.9. DRUGS TO BE TESTED: The selection of drugs to be tested for may include, but is not limited to the following: Marijuana Sedatives Methaqualone Opiates or Narcotics Stimulants Amphetamines Benzodiazepines Hallucinogens Alcohol Cannabinoids Synthetic Narcotics Barbiturates Methadone Propoxyphene 9.10. FAILURE TO SUBMIT TO DRUG TEST: Any employee who refuses to submit to a drug and or alcohol test or fails to appear at the designated collection site to take the test when so directed as required herein is subject to the provisions of Section 7.5. 9.11. CONFIDENTIALITY OF I NFORMATION: All information from an employee’s or job applicant’s drug and alcohol test shall be confidential and only available to the Department Heads, City Administrator, and those with a need to know. Disclosure of the test results to any other person, agency, or organization shall be prohibited unless written authorization is obtained from the employee or job applicant. 9.12. POSITIVE RESULTS: As used in this policy, “positive test results” mean a written report from a National Institute for Drug Abuse (NIDA) certified laboratory of a confirmation of test on a particular employee’s or applicant’s specimen revealing the presence of illegal substances or their metabolites within the specimen. 9.13. AFFIDAVIT : An affidavit shall be signed by the employee that he or she has reviewed and agreed to be held responsible by the City of Auburn’s “Drug Free Workplace Policy.” Internet , Computer & Cell Phone U se Internet , Computer & Cell Phone U se 10.1 INTERNET AND COMPUTER USE – General: The purpose of this issuance is to establish the policy for employee use of Information Technology (IT) resources in City of Auburn (City). This policy applies to all City IT resources regardless of location (i.e. office, home, field locations, etc.). The City provides information technology to its employees for the express purpose of performing their job functions as efficiently and effectively as possible. Nothing in this policy should be construed to prohibit these resources in the legitimate performance of their job functions. The employee should contact their immediate Supervisor if in doubt before any questionable use is attempted. The City provides electronic mail to its employees for their use in performing their duties for the City. This material sets forth the City's policy for proper use of electronic mail ("e-mail") and addresses circumstances under which e-mail messages directed to one person may be accessed by other people within the City. This policy also states when e-mail messages may be disclosed to persons outside of the City. Electronic mail is a local government record, and the purpose of this policy is to provide guidelines for the generation, access, and inspection of the public records generated and received by the City. 10.2 BACKGROUND: The mission of the City requires its employees to have access to electronic mail (e- mail), Intranet, Internet and other technology resources (such as the City local area network, computer hardware and software) to support the conduct of official programmatic and administrative duties. Use of these technology systems is intended for official purposes. Benefits of E-mail: E-mail provides the immediate and direct ability for individuals to communicate with each other and is therefore of great benefit to the City. The City provides E-mail to its employees and elected officials for the following purposes: (1) to Section 10 improve the communication and overall relationship between the different departments within the City, thereby improving the effectiveness and efficiency of these departments and the services that they provide; (2) to improve the communication among and between the elected officials, the City Administration, Department Heads, and City employees authorized to utilize the E-mail system; and (3) to facilitate effective and economical communication among and between the general public, residents of the City and the representatives of the City. 10.3 DEFINITIONS : Archive: To copy files into a long-term storage medium in order to retain for utilization as a backup. Copyright Infringement: "Copyright,' is the exclusive right of a person or a legal entity to reproduce, publish or sell a work (e.g., a picture, written article or a computer program) which it has created. Copyright infringement may occur if, for example, an individual copies a computer program or other work without the author's permission. E-mail messages which have computer programs or artwork attached to them should be carefully analyzed to insure that no copyrights are violated by the use or other reproduction of the program or artwork. Distribution List: A list of intended recipients of an e-mail communication. Electronic Mail ("e-mail"): Communications within and among Microsoft Exchange, the City of Auburn Home Page, MindSpring, Windows Internet Mail, Microsoft Internet Explorer, etc. E-mail Records Master Copy: The archived e-mail records maintained by the City. Encryption: The translation of data into a secret code. LAN: A network (or group) of personal computers and related devices (e.g., printers) in a small area (such as an office) that are linked together by cable; that can directly communicate with other devices in the network, and that can share resources (e.g., directories and files). System Administrators are those individual(s) in charge of insuring that the LAN works properly. Network Server: A network server is a computer that is dedicated to managing network traffic. Individual desktop computers rely on network servers for files, printers and software. WAN: "WAN" is the acronym for Wide Area Network, which is a network (or group) of LAN's. 10.4 RESPONSIBILITIES : City Clerk: The City Clerk is the designated records custodian for all standard public records generated by the City and is the designated records custodian for public records generated by e-mail as well. It is the responsibility of the City Clerk to accommodate members of the public who request access to e-mail by scheduling a time for access and by providing instruction regarding the operation of the e-mail program. The public will be able to access and inspect non-privileged public records generated through the e-mail system. The City Administrator will create and maintain a record of those members of the public who access the system. The City Administrator will establish standards and procedures to ensure the integrity of the e-mail Records Master Copy. The City Administrator will also levy and collect charges for providing copies of records generated through the e-mail system to the public; however, the charges will not exceed that allowed by Georgia law. Email Management Administrator: The Email Management Administrator will provide technical support for the City Administrator as needed and will update data from all departments on a weekly basis in order to keep the e-mail public access database current. The Email Management Administrator will also provide any licensure or updates to the program as needed. Departments Not on Networks: All departments within the City which are not on Wide Area Networks but generate information through e-mail shall provide updated data to the Email Management Administrator on a weekly basis. System Administrators: System Administrators shall assure their e-mail accounts are properly set up to archive e-mail. 10.5 OWNERSHIP: E-mail messages generated and received by the City are City property and may be retrieved from storage even though they have been deleted by the sender and receiver. These messages may be used in disciplinary proceedings. E-mail messages that are sent to or received from the City of Auburn but are stored on computer equipment that is not owned by the City are subject to retrieval and production via subpoena. Department Heads/Supervisors have the authority to inspect the contents of any equipment, files, calendars or electronic mail of their subordinates in the normal course of their supervisory responsibilities. The Email Management Administrator shall extract stored e-mail messages when requested to do so by authorized City personnel. Reasons for review and inspection include, but are not limited to, the following: system hardware or software problems; general system failure; regular system maintenance; a lawsuit threatened or asserted against the City; suspicion of a violation of City policies; suspicion of widespread or individualized inappropriate use of the e-mail system; receipt of a public records request; and/or a need to carry out task(s) or to provide service(s) when the responsible employee is otherwise unavailable. 10.6 POLICY : The use of the City of Auburn computer technology is for legitimate business use only except where expressly permitted under this policy. Employees are permitted limited use of e-mail, Intranet, Internet and other technology resources for occasional brief personal needs if the use is incidental, involves no additional expense to the government, is performed on the employee's personal time, does not hinder or interfere with the mission, productivity, or operations of the City, and does not violate federal or state laws or the following provisions of this policy. Employees may be allowed by their respective Supervisor/Department Head to use of these resources for self-development during duty hours, insofar as such use is job related, promotes professional development, promotes productivity, and or is related to or reinforces the mission or customer service capabilities of the City of Auburn government. All internet/intranet data that is composed, transmitted, or received via the IT system of the City is considered part of the official records system and as such, is subject to disclosure law, the Georgia Open Records Act, and the confidentiality/privacy provisions of Federal and State law. As a public record, the City of Auburn management retains the right to inspect, copy, or retrieve any data on the City IT system without prior approval of the employee. The City of Auburn Georgia E-mail usage policy: The City of Auburn, Georgia forbids the use of publicly funded electronic communications resources for any purpose that could strain or compromise these resources. The City of Auburn, Georgia also forbids electronic communications that interfere with the use of these resources by other employees. Toward this end, City of Auburn, Georgia resources may not be used to: Perpetuate chain e-mail letters or their equivalents. This includes letters that require the recipient to forward an e-mail to a specified number of addresses in order to achieve some monetary, philosophical, political, superstitious, or other goal. E-mails that are part of a multilevel marketing or pyramid-selling scheme, sometimes known as "Ponzi schemes," are illegal in many places and are specifically forbidden under this policy. Create and/or send "spam." Spam is defined as any unsolicited electronic communication that is sent to any number of recipients who did not specifically request or express an interest in the material advertised in the communication. It will be considered a greater offense if the City of Auburn, Georgia's electronic communications resources are exploited to amplify the range of distribution of these communications. Send or encourage "letter bombs." Letter bombs are extremely large or numerous e-mail messages that are intended to annoy, interfere, or deny e-mail use by one or more recipients. Practice an activity designed to deny the availability of electronic communications resources. Also called "denial of service attacks," these activities deny or limit services through mail bombing, malicious executables such as viruses, threatening a virus, or opening a large number of mail connections to a mail host or SMTP relay without authorization or permission. Send or receive e-mail messages of a personal nature to/from friends, relatives, associates, or companies. E-mail messages generated by the City of Auburn employees granted E-mail privileges must be written on the behalf of the City of Auburn in conducting City business. If the purpose of the email is for the business of the City of Auburn the proper method would be to forward email to the employee’s City of Auburn email address at which time the email addresses and content become public record. Send or receive illicit or obscene materials. E-mail addresses for authorized City of Auburn Georgia employees: The relevant Department Head shall designate authorized employees allowed email access. E-mail access shall only be assigned to employees tasked with the responsibility of communicating with other Municipal, City, State or Federal agencies. Each authorized employee's email address must be protected via a password. The employee shall be responsible for his or her password. If the employee forgets their employee password the system will force him or her to select a new password, so that only the employee shall be responsible for the content of email in their mailbox on the server. Email addresses will be assigned by the City’s System Administrator after the Department Head delivers an executed copy of this policy to the System Administrator with the employee’s signature and the Department Head’s approval for assignment of an email address. The City Administrator shall maintain a listing of authorized employees granted access to E-mail privileges. 10.7 AUTHORITY : Generally, employees may use City equipment for official purposes only, or as authorized by the City. As set forth in this policy, incidental personal use of City IT resources by employees during personal time that is in compliance with this IT Policy is considered to be an "Authorized Use" of City property. 10.8 PROCEDURES : Use of City IT systems and resources are subject to federal, state, and county laws and regulations governing such, including, but not limited to: * Copyright Act * State Open Records Act * Standards of Ethical Conduct for Employees Prohibited Uses: * Promoting or conducting political activities. * Making personal use of e-mail, Intranet, Internet or other IT resources to advertise, trade (including buying or selling stocks), give away, solicit, or provide goods or services, except under circumstances and conditions that are specifically authorized by City, (e.g., approved through Personnel Office sponsored employee morale or discount programs or Credit Union-sanctioned bulletin boards). * Violating copyrights or software licensing agreements. * Engaging in unauthorized transactions that may incur a cost to the city. * Disseminating, intentionally accessing, or storing offensive or disparaging information, including hate literature, pornographic or sexually explicit images, or discriminatory/racist literature. * Distributing e-mail to multi users (e.g. all employees) outside your department without the specific approval of your dept head. * Sending, or contriving to send, or re-transmitting anonymous messages. * Revealing or publicizing proprietary or confidential information. * Making or posting improper remarks, proposals, or sending posting messages that defame or slander other individuals. * Overriding or avoiding security and integrity procedures and devices. * Subscribing to mail lists or list servers that are not related to official City business, or to professional enhancement in support of City's mission. * The loading of ANY software onto a City Computer System from any source without prior approval from both the Head of that dept. and the MIS dept. is strictly prohibited. This includes but is not limited to, Screen Savers, Image, video, or audio clips not intended for business purposes. It is also against policy to alter settings in your computers control panel, system registry, or any other areas dealing with advanced settings which may alter your computers performance. * Attaching or installing ANY piece of hardware to a City System without prior approval from both the Head of that dept. and the MIS dept. is also strictly prohibited. This includes but is not limited to, External Modems, Zip Drives, and Non-Standard Audio or Video Devices. * Removal of ANY piece of City Hardware or Software from its intended location without prior approval from the Head of that dept. and the MIS dept. is strictly prohibited. This includes but is not limited to, Desktop Computers, Printers, Scanners, Terminals, and all software packages. *** No one at any time should move or change ANYTHING in any of the City Telecommunication Closets. These changes are to be made ONLY by members of the MIS dept. or by Contractors approved by the MIS dept. Failure to comply with this policy could cause very costly down time. *** * Listening to the radio or viewing video clips through the City Internet connection. * Participating during duty hours in unauthorized chat rooms (not related to City business or to job related/professional development) or playing computer games. * Transmitting or re-transmitting chain letters. * Conducting or participating in fund drives or charitable events not sponsored or authorized by the City. (e.g. appropriate use of e-mail for authorized activities for charitable events or charitable organizations, e.g., United Way Campaign, Red Cross Blood Drives, etc is permitted). * Use of the internet/e-mail system for gambling, union activities, or to promote/defame religious perspectives. * Subscribing to push technology services that are not related to official City business or to professional enhancement. This refers to subscription type services that send information to personal computers automatically and routinely as a result of prior registration by the user. Examples of such services include: weather reports, sports news, hobby updates. Permitted push technology services are those that provide information on City business or professional enhancement topics such as Government, environmental, health, or technology related subjects. * Establishing personal web sites or bulletin board systems not authorized by the City Council. * Using City logos to misrepresent personal materials as falling under official City auspices. * Intentionally misrepresenting, either implicitly or explicitly, personal views or comments in electronic forums or E-mail as City policy or position. (Note: if there is reasonable expectation that a personal communication could be interpreted as official business, then a disclaimer shall be used. For example, "My personal opinion is..., " or "While not speaking on behalf of the City, I think.... "). * Attempting to tamper with or inappropriately access ("break into") the computer system of the City’s, another organization or person. * City reserves the right to amend or clarify this listing or add additional prohibitions at any time * No implied or actual endorsement of a link to another web site or web address is allowed in the signature or body of an email, document, or other electronic communication without an expressed business purpose for reference or information in conducting city business. Exclusions to Policy: An authorized investigation involving internet services or websites that are normally prohibited by this policy shall be approved by only the Chief of Police. This approval shall be in writing and directed by the Police Department’s Standard Operating Procedures. Privacy Expectation: Executive Branch employees, including City employees, do not have a right to or expectation of privacy while using any government equipment at any time, including: accessing the Internet (e.g., participating in a "chat" room or forum), using e-mail, or during authorized personal use. An employee that prefers his or her personal information resources to remain free of access by Supervisors and Managers should avoid use of City IT resources and systems. Appropriate personnel may monitor usage at any time. Except in the legitimate performance of their duties, City policy prohibits System Administrators, Agency Officials, and Supervisors from violating or overriding the privacy of an employee with respect to the information that the employee receives, stores, or transmits. Nevertheless, due to technical, administrative, or legal reasons, System Administrators, Agency Officials, and or Supervisors may be authorized to access information, files, materials and messages that reside in hardware or software used by employees. 10.9 MONITORING, COMPLIAN CE, AND DISCIPLINARY ACTION : E-mail monitoring: E-mail messages, written by and addressed to a city employee utilizing publicly funded computer equipment, are not considered private and therefore subject to the Open Records Act. E-mail messages are retained on an E-mail Server located within City Hall. Access to the E-mail Server is solely the function of the System Administrator. The System Administrator will randomly check employee e-mail messages on a monthly basis to ensure compliance with this policy. The system administrator via a written report shall record violations of this policy. The written report shall contain the following information: The name of the employee. The department of the employee. The violation. The signature of the System Administrator. The signature of the receiving Department Head. The signature of the employee violating this policy. Discipline: The City of Auburn, Georgia Personnel Policy shall be adhered to for employee discipline purposes. All violator's must be disciplined as a violation of work rules under this policy. The City of Auburn, Georgia has the capability and the authority to evaluate the performance and use of its IT resources and will routinely monitor their use. Individuals, who abuse these resources, knowingly interfere with the operation of IT systems, or otherwise fail to comply with the provisions of this policy are subject to disciplinary action and possible loss or suspension of associated IT privileges. Reports: The City of Auburn City Council shall be furnished a report prior to the second council meeting each month to ensure compliance with this policy. The office of the City Administrator will generate the report. The report shall contain the following information: The number of violations of this policy by department. The action taken by the department. 10.10 CELL PHONE USE Cell Phone Policy 10.10.1 In May 2000, City Council approved the use of Cellular phones by certain City employees for communications between employees. The conditions set forth were as follows: 10.11.1 Cellular Phone Policy – clarified further as follows: 10.10.1.1 the phones are to be used for business purposes only 10.10.1.2 use of phones for personal use is considered an abuse of phone privileges; any charges above the pricing package subscribed to because of personal use will be paid for by the employee the phone is assigned to; 10.10.1.3 continued abuse of phone privileges will result in disciplinary action. 10.11.1.1 Phones are to be issued to specific employees for communications and/for safety reasons. And the phone(s) is deemed to be a requirement for that individual to be able to perform his or her job. 10.11.1.2 Phones are issued at no cost to the employee. 10.11.1.3 The person(s) being issued the phone: Must sign for the phone; Is responsible for maintaining his or her phone in good order Is responsible for the replacement cost of his or her phone should the phone be lost or damaged due to 10.11.1.4 Continued abuse of phone privileges and/or refusal to replace a lost or damaged phone may result in disciplinary action(s) up to and including termination.. 10.11.1.5 Each employee is responsible to return his or her phone, in good working order, to personnel upon termination of employment. If the employee does not turn in his or her phone or if the phone is determined to be damaged or not in good working order, the employee will be required to issue payment for the value of the phone to the City upon termination. 10. 1 2 REFERENCES : Georgia Open Records (O.C.G.A. 50-18-70) City of Auburn Human Resources Policy and Procedures manual 10. 1 3 ACKNOWLEDGEMENT : Compliance: Compliance of this policy is mandatory by all employees of the City of Auburn Georgia. Section 111 Dress Code Dress Code Policy 11.1 PURPOSE & POLICY The purpose of this Policy is to establish dress code and personal grooming guidelines for City employees. In most cases a generic standard applies to al employees, but different standards may apply to those in City uniforms or issued clothing. Standards may also vary as applied to male and to female employees. It is the policy of the City that employees shall project a positive and professional image toward the community. All employees are reminded that the first impression on the public is his or her dress and grooming appearance. All employees are required to dress and be groomed in a manner that presents a conservative appearance and is appropriate to a professional business environment. Clothing shall always be neat, clean, and pressed when reporting for duty. Due to the unique nature of law enforcement, the Police Department will maintain its own policies on wearing uniforms, clothing, and grooming requirements for both sworn and civilian police personnel. 11.2 ISSUED CLOTHING, UNIFORMS, & EQUIPMENT Any issued clothing, uniforms, equipment and similar type items remain the property of the City. Employees have the responsibility to maintain all issued items with due diligence and to report all losses, thefts, or damage of items to his or her immediate Supervisor in writing. Employees deemed responsible for the loss or damage of issued items may, in addition to any disciplinary action given, be required to compensate the City for loss or damage. Uniform items and equipment issued by the City or a department , will be replaced by the department as authorized and required. Employees in need of replacement items will advise his or her Supervisor, preferably in writing, of such need. If approved, the items will be ordered and provided to the employee. 11.3.2 FEMALE EMPLOYEES Employees shall not wear any clothing which is a recognizable part of his or her issued uniform or clothing of the City while under disciplinary suspension, except as authorized by his or her Department Head. Employees who terminate employment with the City must return all issued clothing, uniforms, equipment, and other similar items cleaned and intact or make monetary compensation for replacement costs. Police clothing and uniform items must be turned in dry cleaned, pressed, on hangers and in protective plastic bags. Other City issued clothing or uniform items must be cleaned in the normal manner before being turned in. When issued items are not returned in accordance with this policy;; the employee will have to make monetary compensation upon termination. 11.3 DRESS CODE & GROOMING STANDARDS 11.3.1 MALE EMPLOYEES Suits, dress trousers, and conservation sports wear trousers, khaki or other colors are considered appropriate. Jeans must be clean, neat and wrinkle free. Short or long sleeve dress shirts, golf type shirts, denim shirts, or other conversation casual shirts are acceptable. Shirts may have City or departmental logos. Suits, dresses, skirts, pants, and a suitable blouse, conservative in nature, is appropriate attire for wear. Skirts and dresses may have a hemline no higher than two inches above the knee, or may not fall below the knee to such an extent as to impede the ability to move safely. Jeans must be clean, neat and wrinkle free. Blouses, shirts, and other top garments shall not expose the midriff. Semi- transparent or sheer clothing is not acceptable. A dress commonly referred to as a sun dress may be authorized as long as it presents an acceptable business like appearance. Excessive exposure of skin is not permitted. 11.3.3 SHOES Shoes may be dress or casual, but must be business like. Shoes shall be shined (if appropriate) and free of dirt. Sandals should present a professional appearance. Shoes must be conservative and professional and must be able to be worn safely in the working environment. For male employees, solid color leather shoes or athletic shoes may be worn but must be clean. For female employees, dress sandals are permitted, but sandals commonly called “Flip Flops” are not. Canvas shoes are acceptable, as well as solid color leather athletic shoes. Shoes with heels and soles that are so high as to be safety hazard are not authorized. 11.3.4 JEWELRY Necklaces of excessive length shall not be worn as they may present a safety hazard by being caught in equipment or machinery. Excessive jewelry should not be worn. Rings may be worn provided they are conservative and professional in appearance. No more than 3 rings are to be worn while an officer is in uniform. Rings which create a safety concern are prohibited. Earrings which are conservative and professional in appearance are allowed. 11.3.5 FINGERNAILS AND FINGERNAIL POLISH All employees’ fingernails are to be clean and maintained at a moderate length so as to not impede the employee’s ability to successfully perform his or her job functions. Fingernail polish (clear or colored) shall be subdued in color and must present a conservative, professional and business like appearance. Employees may wear clear or colored fingernail polish only that is compatible in color if wearing a uniform or issued clothing. 11.3.6 COMETICS Employees may wear facial cosmetics, which are conservative and business like in nature. 11.3.7 HAIR Hair shall be conservative, neat, and professional in appearance. Hair appearing to be shabby, unkempt and generally unmanageable is not acceptable. Hair should be a reasonable length and cannot be so long, or of such a style as to create a safety hazard in the working environment or interfere with the wearing of any equipment required to perform the job assignment. Hair must be regularly shampooed, cut and shaped. Hair styles of a bizarre nature such as spikes, unusual colors, bright streaks, shaded in designs and those commonly know as “Punk” are not acceptable. 11.3.8 FACIAL HAIR (Beards & Mustaches) Facial hair may be worn provided that it presents a professional appearance at all times. Facial hair must be clean, neat and well groomed al all times, and should never be so long as to have a general appearance of being unruly. Facial hair cannot interfere with any equipment required to perform the job assignment. “Frizzy” sideburns are not permitted. 11.3.9 BODY PIERCING Employees may not wear jewelry in a visible body piercing. Visible body piercing includes, but is not limited to: the piercing of the tongue, eyebrow, cheeks and nose. The temporary wearing of an inconspicuous clear post during the initial stage of the piercing is authorized; not to exceed six weeks. Employees are encouraged to seek guidance regarding any visible body piercing to avoid confusion regarding acceptability of any proposed piercing. 11.3.10 TATTOOS A tattoo is a permanent mark or design made on the skin by a process of pricking and ingraining an indelible ink pigment or by raising scars. The wearing of visible tattoos that depict violent, vulgar, obscene or racially/culturally/religiously prejudicial designs are not permitted. Employees are encouraged to seek guidance regarding any visible tattoos to avoid confusion regarding the acceptability of any proposed tattoo. 11.3.11 CITY ISSUED UNIFORMS OR CLOTHING Employees who are issued uniforms or other standardized clothes to wear , must wear them correctly and appropriately. 11.3.12 ATTIRE APPROPRIATE TO THE ENVIRONMENT Employees may dress in a manner appropriate to the environment. For example, an employee who knows they will be doing work in a dirty or dusty environment, and is not provided a city uniform, may wear jeans and a sweat shirt for that day. 11.3.13 CLASSROOM TRAINING AND DEPARTMENTAL MEETING ATTIRE Employees assigned to training or departmental meetings should report for this assignment in appropriate attire consistent with a professional working environment. Employees should never wear any item of clothing (such as a t- shirt that is offensive or with a logo) that may present an unprofessional appearance to any City or departmental function. 11.3.14 COURT APPEARANCE Employees must wear professional attire in all courts. 11.3.15 PROHIBITED ITEMS OF ATTIRE Employees may not wear general work duty attire which is inappropriate to a professional business working environment, including but not limited to, the following: 1. revealing clothing including hip hugger pants 2. halter tops 3. flip-flops 4. bedroom shoes 5. frayed clothing 6. pajamas 7. torn, or excessively tattered clothing 8. ill-fitting clothing 9. dirty or wrinkled clothing 10. athletic shorts or shirts or jerseys (except for Parks & Recreation activities) 11. clothing with vulgar or obscene words; or which logos for alcoholic beverages, logos that are sexually offensive, contain profanity or logos that are indecent 11.4 DUTY OF SUPERVISORS All Supervisors will instruct his or her assigned subordinates in this policy and will be responsible for its enforcement. Supervisors who observe a violation will counsel the employee on appropriate clothing and/or grooming. If the infraction is of an obvious nature as to cause embarrassment to the agency or is a safety hazard, the supervisor will take immediate corrective action and send the offending employee home to correct his or her dress or grooming. The employee will clock out and will not be compensated for any lost time, and may be subject to disciplinary action as well. Job Descriptions Job Descriptions See Appendix A. Section 12 Service Recognition Program Service Recognition Program 13.1 GENERAL At a minimum, departments formal recognition programs will recognize employees for his or her 5, 10, 15, 20, and 25 year service milestone. When acknowledging milestones in years of service, departments will recognize total years of government service. The recognition will run in 4 steps. A letter is sent to the Executive Assistant to Mayor and Council to formally recognize the employee for his or her years of service. The letter will ask the Mayor and Council to recognize the employee at the next business meeting. Once the presentation is approved to be added to the Business Meeting Agenda, then the Executive Assistant will inform the Department Head about the approved recognition. A formal recognition letter is presented to the employee by his or her Department Head. This letter will be an invitation to the business meeting. The Department Head along with the Mayor and Council will present the employee with a recognition pin and plaque at the business meeting. 13.2 EMPLOYEE MILESTONE PROGRAM PROGRAM CRITERIA 13.2.1 To receive a service award, an employee must meet all the following requirements: 1. Be a full-time employee, or part-time (20 Hrs or more) of the City of Auburn Section 13 2. Be employed for at least ¾ of the business days for each year that is being recognized 13.3 AWARDS PACKAGE 1. Each milestone date has a specific list to follow. The contents of the award package is listed as a checklist for the City Accountant/HR and Department Heads. 13.4 EXPLANATION OF THE AWARDS PACKAGE LIST  Certificate – means any printed certificate acknowledging a “Milestone” date.  Personal gathering within the department – means any private gathering that the Department Head may hold for the employee. This gathering may be held at his or her respective department or at a restaurant. The Department Head may choose to just take the employee to lunch. This lunch may be refunded by the City if within budget.  Congratulatory plaque, crystal monument (trophy), and service pin – these are to be ordered by the City Accountant, These items will be presented to the employee by the Department Head.  Certificate to a local restaurant – This gift amount will be calculated from the award budget. This gift may not exceed $25.00 for the 5 year Milestone but there will be no limit given to 10 years and above.  Service Award Gift – This gift will be handled by Select-Your-Gift service award and recognition company. The Department Head would need to choose the service award amount to be given to the employee and “Select- Your-Gift” will send a personalized packet to be given to the employee. The employee will be responsible in choosing and ordering the gift.  Christmas Party and Council Meeting acknowledgements – These acknowledgements will be handled by the Mayor and Department Head. Department Heads are responsible in notifying the Mayor’s Executive Assistant about these acknowledgements. Department Heads must include the “Milestone” acknowledgement in his or her monthly reports. Additional information on the Award Package Contents and Actions is available in the Human Resource Department. Retirement Retirement Program Highlights 14.1 RECAP ON RETIREMENT PLAN a. Must be an ‘employee” of the city b. Must work at least 20 Hrs per Week and 5 Months per Year c. Must complete 1 year continuous, uninterrupted service with City of qualify d. Participation in the plan is MANDATORY e. All Service prior to the date the employee becomes a participant shall be credited (as past service) f. If an employee leaves and comes back they will be credited his or her time once he or she serves the same amount of time with the City in the same capacity as the prior employment (or 1 Year – whichever is less) g. Any unused sick leave when the person leaves is not treated as credited services. 14.2 RETIREMENT ELIGIBILITY Early Retirement Qualifications: Attainment of age 55 Completion of 10 years of total credited service Section 14 Normal Retirement Qualifications Attainment of age 65 Completion of 5 years total credited service Distribution of retirement benefits is not permitted until the participant has terminated employment and otherwise qualifies for the receipt of benefits. 14.2.1 The number of years of total credited service which may be used to calculate a benefit is not limited. 14.2.2 The monthly normal retirement benefit amount for regular employees is a flat percentage of 1.6% of the final average earning multiplied by the years of total credited service as an eligible regular employee. Refer to Retirement Handbook for more information. A copy of the Retirement Handbook is available at the Human Resource Department. Payroll Payroll Policy 15.1 LEAVE REQUEST A Leave Request And Overtime Justification Form must be completed for all Leave Requests. The Leave Request Form must be signed by the employee and approved by the Supervisor and Department Head prior to being submitted to the payroll department on or before the current Payroll Period. 15.2 TIME CARDS 15.2.1 All Time Cards must be signed by the employee and approved by the Department Head or Supervisor. 15.2.2 All Overtime must be approved by his or her Department Head or Supervisor in advance or Clocking in early at the beginning of the work day or after normal working hours in the afternoon can be grounds for discipline. 15.2.3 All employees must follow the work schedule that is authorized for his or her department’s hours of operation. Section 15 15.3 ROUNDING RULE – Does not apply to the Police Department Rounding (7) seven minutes or less to (0) zero and (8) eight minutes or more to a quarter hour will be administered fairly and consistently 15.3.1 (7) Seven Minutes early will be counted as clocking in at 8am 15.3.2 (8) Eight Minutes early will be counted as clocking in at 7:45am or 15 minutes of time worked 15.3.3 (7) Seven Minutes after 5pm will be counted as clocking out at 5:00pm 15.3.4 (8) Eight Minutes after 5pm will be counted as clocking out at 5:15pm or 15 minutes of time worked 15.4 OVERTIME 15.4.1 Vacation, Sick Time, and Holiday Pay Hours do not count toward actual Hours worked in calculating payroll overtime. 15.4.2 Overtime Pay will be calculated for hours worked in excess of 40 Hours actually worked in a workweek at a rate of not less than time and one-half his or her regular rate of pay for all non-exempt employees. 15.4.3 Overtime does not apply to Exempt employees during a normal work week schedule or normally scheduled work day. (See 6.2.3) M iscellaneous 16.1 INCLEMENT WEATHER The City of Auburn Inclement Weather Policy sets the procedure to be followed by staff in times of inclement weather. If inclement weather is predicted or has occurred, the City Administrator will contact the Chief of Police and the Public Works Department Head; and after confirmation, will notify the Mayor who will make the final decision to close City hall or cancel any scheduled activities. This information will be posted on the front page of the City web site. Once the decision has been made to close City Hall or cancel scheduled activities, the City Administrator will contact each Department Head who will then notify his or her staff. Employees providing essential services must come to work. Essential services include: police patrol, police support services, and public works staff. If needed, transportation for essential services staff will be provided by the Police Department. If there is a question as to the status of closing and the employee is unable to reach his or her Department Head, please call 770-963-4002 ext 219. If a citizen needs assistance during time of inclement weather, he or she may contact the Police Department directly at 770-513-8657. Section 16 Section 17 Travel Expenses Travel Expenses 17.1 Purpose All travel for City functions or training, whether in-state or out-of-state, shall be governed by this policy. When employees, appointed committees/boards, or elected officials of the City are required to travel on official business for meetings, conferences, and training programs, the City shall pay reasonable amounts for transportation, meals, lodging, and miscellaneous approved expenses. Education and training opportunities shall be considered on the basis of merit to the City and allocated resources 17.2 Provisions A. All business travel where expenses may occur outside of the City must be authorized in advance. Requests for training, conferences, meetings, or other official functions which require overnight accommodations must be approved by the Department Head. Travel out-of state or where the total cost of the travel (to include registration fees) exceeds $1,000, must be approved by the City Administrator. Approval will be documented on the "Request for Travel Expenditures Form", and submitted through the employee’s direct supervisor B. All travel is subject to review and audit. By requesting funds through the City (for travel) the traveler agrees to only use the money as intended according to this policy C. The Department Heads shall determine the most cost effective mode of travel D. This policy may not apply to contract employees or those pre-hired and sponsored for an employment certification E. Travelers who choose to extend a business trip for personal reasons either before or after business is conducted, will be responsible for all non- business related charges F. Travel expenses must be authorized or the traveler will be held responsible for all non-authorized expenses 17.3 Meal Expenses Per Diem A. Any employee traveling on City Business may receive an allowance of up to $40.00 per day, including tax and tip, for meals if all meals are paid for by the employee. Per Diem is intended to supplement the high cost incurred due to business travel and is not intended to cover excessive expenses B. A traveler on a one-day business trip may be eligible for meals if his work schedule (for the business of the City) extends beyond four hours and is outside of Barrow County 1. 1. 2. 3. 1 Breakfast $ 6.00 When required to travel before 8:00 a.m. Lunch $14.00 Dinner $20.00 When expected return is estimated to be after 6:00 p.m. C. Where conference registration or training tuition fees include one or more meals, only those meals not covered by such fees shall be reimbursed by the City D. No receipts are required unless a conference/meeting offers meals in conjunction that exceeds the per diem rate with the conference program, but does not include those meals in the registration fee. If the employee elects not to participate in one or more meals offered by the conference, the regular per diem guidelines maximums shall be used for those meals and a receipt must be turned in for reimbursement. E. Business related meals may be reimbursed when authorized by the City Administrator to pay for meals for others. The City Administrator’s expenses shall be authorized by the Mayor. In addition to the restaurant’s itemized receipts, all of the following information must be documented: 1. The name and location of the restaurant 2. The number of people served and names. 3. The date 4. Total expense 5. Gratuity amount (not to exceed 18%) 6. Name of person providing the authorization and their signature 17.4 Use of City Owned Vehicle for Business Travel A. Under no circumstances may anyone under the age of eighteen (18) ride in a City vehicle B. Receipts for gas, oil, and out of town repairs should also be submitted along with any expense reports C. Insurance identification card must be kept in the City vehicles at all times D. When any employee is driving a City-owned vehicle, he or she shall observe all traffic laws and accept responsibility for the payment of any fines incurred. If a traffic citation is received while operating any City vehicle or an accident occurs, the employee must report it immediately to the proper supervisor. The supervisor will be responsible for reporting the incident to his Department Head and the Human Resources Department 17.5 Transportation A. When practical, travelers will carpool when attending the same conference, meeting, or training event. An employee who chooses not to carpool when practical may take his or her own car but may not be reimbursed for mileage, or upon agreement approved by the Department Head, split the reimbursement with the other drivers when a personal vehicle is authorized. Cost-sharing measures are encouraged and may be enforced by their Department Head when the length of travel is less than 24 hours or when practical and appropriate. B. Personal Vehicle - Travel by personal vehicle will be reimbursed for mileage at the same rate as stated by the IRS mileage allowance. If mileage is disputed the Rand McNally Standard Highway Mileage Guide or internet version will be used 1. If more than one employee rides in the vehicle, only the owner of the vehicle will be reimbursed for vehicle expenses 2. All personal vehicles used for City business must be adequately insured for liability, personal injury and property damage 3. When using a personal automobile for a day trip, which originates from home, the mileage reported for reimbursement should be from home or from City Hall, whichever is less C. Rental Vehicles –Travelers may rent a vehicle at their destination when it is less expensive or more convenient than other transportation modes such as taxis, and airport shuttles D. Rental Vehicles Insurance - Employees are authorized to accept the minimal insurance to cover the rental car and personal liability during a business trip E. Taxi or public transportation – will be reimbursed for transportation between the destination airport to the place of lodging or to the meeting site (or vice versa). Shuttle service should be used if it is reasonably and economically available. Receipts are required for fares in excess of $10. Gratuities will not be reimbursed by the City and are at the sole discretion of the traveler F. Air travel – will only be considered for out of state travel at the lowest rate available. Employees are strongly encouraged to book airfares at least 30 days in advance of travel to take advantage of zone and other discounted airfares 17.6 Lodging A. Employees must reserve lodging at the government rate or at the least costly room rate within the designated hotel. If an employee is attending a conference, reimbursement will be made for the standard room rate, at the conference facility. A conference facility either is directly at the site of the conference or listed in the brochure as a conference hotel B. An employee may submit a request to stay at an alternative comparable hotel based on price and amenities. Such request must be approved in advance by the Department Head C. The City will only pay the actual room rental cost supported by the hotel bill for each day that lodging was approved. Upgrades and other amenities will not be reimbursed without prior approval from the appropriate Department Head D. The City will not reimburse for taxes paid on lodging when traveling in Georgia. It is the responsibility of the traveler to obtain a sales/use exemption form and a hotel/motel tax form from the Finance Department 17.7 Non Reimbursed Expenses A. Expenses incurred by spouse, family, or other persons not directly employed by the City B. Alcoholic Beverages C. Fines for parking or traffic violations D. Airline and other trip insurance not approved in advance E. Loss or damaged personal property F. Personal entertainment including in-room movies, etc. G. The City will not reimburse cellular phone charges using package plan minutes H. Non-Approved travel upgrades or extensions I. Other items not clearly identified by this policy 17.8 Miscellaneous Expenses A. Miscellaneous expenses, such as parking fees, internet, tolls, fax transmissions, non- negotiable hotel fees, baggage handling and other bona fide business expenses, shall be paid upon presentation of actual receipts or other suitable documentation. No receipt is needed for baggage handling if the requested amount is less than $5 and documented. Expenses determined to be excessive may be reimbursed at a lower rate at the discretion of the City Administrator B. Clothes laundering – when business travel extends over five (5) consecutive days, employees may be reimbursed for moderate expenses (i.e. dry cleaning business clothes). Employees must submit all receipts for claimed expenses 17.9 Cash Advance for Travel Per Diem A. Cash advances for predetermined and approved expenses for travel, may be granted if the request is submitted to the City Administrator five business days in advance B. The amount of the travel advance will be based on the estimated cost of travel (excluding lodging and registration) 17.10 Compliance Auditing A. The Department Head/Supervisor signing the Request for Travel Expenditures Form is responsible for ensuring that all travel claims originating from their department is in compliance with the City's Travel Policy. Department Heads should review all submissions for completeness, mathematical accuracy, compliance with expense limitations, and overall compliance with this policy B. The traveler is responsible for submitting all receipts and expense documents related to his travel within three (3) business days of returning. The traveler may delegate responsibility for preparation of the forms, but will always retain accountability for travel expenses and must sign all appropriate documentation C. The City Administrator is responsible for compliance verification with the City's Travel Policy. Travel claims, that are submitted, to the City Administrator for payment processing will be processed only if they contain all the necessary documentation D. All travel claims that are incomplete will be returned by the City Administrator to the employee's respective Department Head for corrections E. The City Administrator will return any requests unpaid to the employees that are not in compliance with this policy Section 18 Vehicle Use 18.1 Purpose Vehicles owned by or otherwise under the control of the City are authorized for use and the performance of all essential travel and transportation duties. Unless specifically permitted under this policy, use of City vehicles is not authorized for unofficial travel duties, tasks or the transportation of unauthorized personnel or items. 18.2 Authorized Use of Vehicles 1. Transport of officials, employees, clients, or guests of the City 2. The performance of law enforcement duties 3. When an official travel status, between place of official business and temporary place of lodging 4. When on approved travel status between places of official business, temporary lodging, and places to obtain meals and medical assistance 5. Transport of consultants, contractors, or commercial firm representatives when in direct interest of the City 6. Transport of representatives from Federal, State, or Local Government when in direct interest of the City of Auburn 7. Transport of any person or item in an emergency situation where immediate transport is required to preserve life, health or public safety 8. Commute between place of dispatch and place of performance of official business to personal residence when specifically authorized by provisions of this policy as stipulated herein 9. Transport of prisoners 10. Transport of program participants that are involved in a city sponsored program 11. “De Minimis” personal use such as lunch or an occasional stop for a personal errand on the way between a business delivery and the employee’s home. Such personal use should not extend the length of dispatch by more that three miles 18.3 Unauthorized Uses 1. Travel or task performance of a personal nature, not connected with the accomplishment of official business 2. Transport of family members 3. Transport of friends, associates, or other persons who are not employees of the City of serving in the interest of the City 4. Transport of hitch-hikers, except in the case of law enforcement personnel 5. Transport of items of cargo having no relationship to the conduct of official business 6. Extending the length of dispatch (more than three miles) beyond that necessary to complete the official business purpose of the trip 7. Transportation between place of residence and place of employment other than as specified in this policy 8. Loan of vehicle for use in non-city authorized functions or to persons that are not on the City of Auburn payroll 9. Transport of acids, explosives, weapons, ammunition, or highly flammable material except in the performance of an authorized task in the normal performance of duties 10. Transport of any item, equipment, or cargo projecting from the side, front, or rear of the vehicle in such a manner as to constitute a hazard of safe delivery 11. Transportation to and from training sites without approval granted through Training & Travel Request 18.4 General City Vehicles are considered tools for performing the duties and requirements of a position. Allocation of City vehicles is based on the job requirements of a position. It is the responsibility of the Department Head to annually review the allocation of vehicles and to make a recommendation to the City Administrator as to the need for a vehicle for a particular position, based on the work requirements of that position Vehicles may be assigned for use by a position either as an exclusive assignment (take-home) or as task specific (daily use) assignment. Determination of assignment of a vehicle to a position is at the discretion of the City administrator based on the recommendation of the Department Head. The City Administrator may also designate specific vehicles as motor pool vehicles. 18.5 Use of City Vehicle for training Assignment City vehicles may be used by personnel for transportation to training assignments. Subsequent to approval according to the City’s travel and training policy, employees may be assigned a City vehicle to use to attend a training course, seminar or conference 18.6 Use of Personal Vehicle for City Business Personal vehicles may be used occasionally for official City business with approval of the Department Head or City Administrator. Approved officials or employees who use their personal vehicles for City business may be reimbursed on a per mile driven basis. Mileage for transit between home and work does not qualify for reimbursement unless specifically noted in this policy The rate of reimbursement shall be established at the beginning of each calendar year depending upon the current rate used by the Internal Revenue Service and approved during the budget process. Accurate and substantiated mileage records must be maintained and submitted to the Finance Department for reimbursement. Acceptance of reimbursement by an employee gives the City certain rights of verification of authorized uses Personal vehicle use by employee/positions when commuting in response to an emergency return to work call back may be reimbursed for mileage at the approve rate Mileage reimbursement is not permitted for employee/position called to work to fill in for shift workers who may be absent or because more than the normal number of assigned workers to a shift are needed for any reason Personal vehicles may be used for training assignments according to the City’s Travel and Training Policy 18.7 Driver Responsibilities All drivers who operate vehicles owned by, titled to, or otherwise controlled by the city are responsible for the proper care, use, and safety of City property Driver must adhere to the following minimum responsibilities: 1. Possess and maintain valid State of Georgia Drivers License approved for the class appropriate for the vehicle 2. Obey all traffic laws and practice safe courteous driving 3. Ensure that vehicles are used for authorized purposes only 4. Follow accident reporting procedures 5. Accept legal responsibility for violations and fines resulting from actions of the driver. This includes illegal parking tickets and accidents caused by the employees 6. In the case of any negligence while operating the vehicle the driver shall be responsible for his or her personal injury or property damages not covered with the city Insurance Policies. Workers Compensation shall not be paid due to the driver’s negligence when off duty 7. Seat belts must be worn at all times Index Administrative Leave, 1 AMENDMENTS, 3 APPEALS, 35 APPLICABILITY, 3 Applicant, 1, 4, 8, 10, 11, 12, 18, 33, 34 Archive, 40 Chain e-mail, 42 City, 1 City Administrator, 1, 2, 3, 5, 7, 8, 10, 11, 12, 13, 14, 16, 20, 21, 22, 24, 25, 31, 34, 35, 36, 37, 39, 43 City Code, 5, 31 Class, 1, 2, 8, 9, 10 CLASS ALLOCATION, 8 Classification Plan, 1, 4, 7, 8,9,10 ConstructiveResignation, 28 Copyright Infringement, 40 Court Leave, 23 Demotion, 1, 3, 4, 15, 28 Denial of Service Attacks, 43 Department Director, 1, 3, 4, 7, 8, 13, 14, 16, 18, 24, 25, 28, 29 Department Head, 3, 4, 5, 6, 9, 10, 11, 12, 13, 15, 17, 18, 20, 21, 22, 23, 31, 33, 34, 36, 37, 39, 43 Disciplinary Salary Reduction, 28 DISCRIMINATION PROHIBITED, 3 Dismissal, 1, 4, 5, 29, 31, 32 Discipline, 31 - 35 Donation of Sick Time, 26 DRESS CODE, 50 - 54 Drug Free Policy, 5 Drug Free Workplace Policy, 5, 36,37,38 Education, 5, 6, 7, 8 Electronic Mail, 40, 41, 42, 43 E-mail, 30, 33, 35, 36, 37, 38, 39, 40, 41, 42 Email Management Administrator, 41 Employee, 6 Encryption, 36 Evaluation, 11, 21, 22, 24, 25 Exempt Position, 2 Full-time Employee, 2, 16, 24 Full-time Services, 17 Holidays, 16, 18, 19,21 Hours of Work, 17 Information Technology, 38 Insubordination, 30 Internet, Computer and Cell Phone Use 39 - 48 JOB DESCRIPTIONS, 55 LAN, 40 Leave of Absence, 20, 21 Letter Bombs, 42 Military Leave, 23,24 MISCELLANEOUS, 61 Network Server, 40 Open Competitive Vacancy, 2 Oral Rreprimand, 28 Payroll , 60, 61 Part-time Employee, 2, 19 Personnel Covered, 3, 30 Polygraph Examinations, 34 Position, 2 Probationary Employee, 1, 2, 13, 14, 15, 31 Progressive Discipline, 27 Promotion, 2, 3, 15, 17, 21, 22 Promotional Competitive Vacancy, 2 Public Notice, 2 Public Records, 4, 35, 36 37, Reclassification, 2 RECORDS, 1, 4, 25, 29 Regular Employee, 2, 13, 14, 18, 19, 20, 24 Reprimands, 27 Resignation, 21, 24, 29, 30 RETIREMENT, 57,58 Salary Advancement, 2 Salary Range Adjustment, 2 Satisfactory Performance, 24 SERVICE RECOGNITION PROGRAM, 56,57 SEXUAL HARASSMENT, 3 Sick Leave, 17, 18,19,20 Spam, 42 Suspension, 24, 28, 43 System Administrators, 38, 39, 40 - 46 Temporary Employee, 3, 19 Termination, 5, 6, 8, 17, 24, 25, 28, 30 Transfer, 3, 14 TRAVEL EXPENSES, 63 - 67 Vacation, 16, 19, 20, 25 VEHICLE USE, 68 - 72 WAN, 36 Written Reprimand, 32