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ORD 2006-14 - Personnel Rules Amend 2,4,5,7,8,9, & 10 - 07-18-2006ORDINANCE 2006 -14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE PERSONNEL RULES OF THE CITY OF HUNTSVILLE BY AMENDING CHAPTER 2, 4, 5, 7, 8, 9, 10, and 11; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS The City of Huntsville Employee Policies and Procedures were adopted on September 20, 2005, by Ordinance No. 2005 -17; and WHEREAS The proposed policy amendment to Chapter 4, Section 5, Sick Leave will establish new thresholds for employees currently with over 720 hours banked; and WHEREAS Other sections of the Employees Policies and Procedures are also being amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Chapter 2, Section 4, Definition of Employment Status of the Personnel Rules of the City of Huntsville, Texas, is hereby amended to read: E. Temporary Full -Time Employees: Limited Duration - Those employees whose service is intended to be of limited duration, such as during the summer months, but who work the customary number of full -time hours. These temporary employees are not eligible for any employee benefit programs other than Worker's Compensation and Unemployment Insurance. Under no circumstances should a temporary full -time employee for short term duration work more than one thousand (1000) hours in a fiscal year. SECTION 2: Chapter 4, Section 1, Paid Holidays of the Personnel Rules of the City of Huntsville, Texas is hereby amended to read: Policy A. The following days are authorized holidays granted by the City: New Year's Day Martin Luther King's Birthday Good Friday Cinco de Mayo Memorial Day Juneteenth Independence Day Labor Day Thanksgiving Day January 1 s` January 15`h The Friday before Easter Sunday May 5th Fourth Monday in May June 19th July 4th First Monday in September Fourth Thursday in November Day after Thanksgiving Christmas Day Additional Christmas Holiday Fourth Friday in November December 25`h Designated by City Council New Year's Day, Martin Luther King's Birthday, Good Friday, Memorial Day, Independence Day, Thanksgiving Day, the Friday after Thanksgiving, Christmas Day and the additional Christmas Holiday are all fixed holidays. All other holidays are floating holidays. If either Cinco de Mayo or Juneteenth falls on a Saturday or Sunday in a given year, the holiday will not be observed. B. When a fixed holiday falls on Sunday, the following Monday shall be observed as the holiday. When a fixed holiday falls on Saturday, the preceding Friday shall be observed as the holiday. When a fixed holiday falls on an employee's regularly scheduled day off, the employee will accrue eight (8) hours of holiday time. No employee may carry over more than thirty two (32) hours in a calendar year. F. Holiday compensation shall be paid to the employee at their regular rate for the hours worked during a fixed holiday. The holiday may be compensated by utilizing one of the following methods which shall be at the discretion of the department: An alternate day off may be taken during the pay period in which the holiday occurs; 2. Or employee will accrue eight (8) hours of holiday time. No employee may carry over more than thirty two (32) hours in a calendar year. 3. Eight (8) hours at a straight rate of pay versus taking the holiday. I. Employees assigned or volunteering to work such days as authorized by their department head(s) may take another day off within the same pay period as subject to the approval of the supervisor. SECTION 3: Chapter 4, Section 5, Sick Leave of the Personnel Rules of the City of Huntsville, Texas is hereby amended to read: I. Unused sick leave will be accumulated in the employee's sick leave bank and the balance may be carried forward for use in subsequent years. Unused sick leave time in any one year shall be cumulative up to a maximum of 720 hours. Compensation for Unused Sick Leave Reimbursement at the End of Employment - Employees who leave the City of Huntsville with at least five (5) years of continuous service who are separated for any reason including disability or retirement will be reimbursed at the rate of eight (8) hours for every twenty four (24). SECTION 4: The City Manager is hereby authorized to enter into sick leave payout contracts with employees with over 720 hours, with the payout as delineated below to be paid out at termination. Sick Leave Accrued Percentage to be Paid Upon Termination 720 hours but less than 840 30% 840 hours but less than 960 35% 960 hours but less than 1080 40% 1080 hours but less than 1200 45% 1200 plus hours 50% SECTION 5: Chapter 5, Section 3, The Pay Plan of the Personnel Rules of the City of Huntsville, Texas is hereby amended to read: I. Cost of Living - Adjustments shall be delivered as a base pay increase, except the base pay will not be increased beyond grade maximum. When salary ranges restrict the advancement of a base pay increase, the pay increase will be given as a bonus. SECTION 6: Chapter 5, Section 6, The Pay Plan of the Personnel Rules of the City of Huntsville, Texas is hereby amended to read: Procedures Longevity pay of $4.00 per month for each year of City service will be paid to all full time employees. The employee will receive the longevity pay. SECTION 7: Chapter 7, Section 5, Worker's Compensation of the Personnel Rules of the City of Huntsville, Texas is hereby amended to read: Procedures B. Weekly indemnity benefits are paid to the claimant once they are medically off work for eight (8) days or more. The first seven (7) days of medical disability are not paid unless or until the employee is off work for fourteen (14) calendar days (2 weeks). The benefits are calculated based on their hourly wage. If the injured employee earns $8.50 or more per hour, the benefits are paid at seventy percent (70 %) of the average weekly wage and not to exceed the maximum amount for that date of injury. If the claimant earns $8.49 or less per hour the benefits are paid at seventy -five percent (75 %) for the first twenty -six (26) weeks and then they are reduced to seventy percent (70 %) for the duration of the claim not to exceed one hundred and four (104) weeks for temporary income benefits. Benefits cannot be lower than the minimum rate for the date of injury. D. If an employee is disabled and unable to return to work for two (2) weeks, then the City's Worker's Compensation will pay the employee for the first five (5) days of work. If the employee was paid injury leave by the City under Section B (see above), the employee shall reimburse the City the amount paid by Worker's Compensation for this initial five (5) day period. (See also Texas. Loc. Govt. Code § 142.008; Texas Labor Code Chapter 451 and § 504.003.) K. An employee injured on the job with a physician's release to work in less than full duty status will, if approved by the department head, do restricted duty tasks when available. The City will assign light duty as determined by its economic and operating conditions. The department head will notify Risk Management when light duty assignments begin and end. SECTION 8: Chapter 8, Section 6, Injury Reporting and Follow Up of the Personnel Rules of the City of Huntsville, Texas is hereby amended to add: The Training /Risk Coordinator will serve as the injured employee case manager. The injured employee is required to report to the Training /Risk Coordinator with original paperwork after each doctors appointment. SECTION 9: Chapter 9 Section 1, Vehicle Operation Policy of the Personnel Rules of the City of Huntsville, Texas is hereby amended to add: 9.01 (C) Employees 14. Employees that require operation of a City vehicle shall not be eligible for driving /operating privileges if the total points assigned to their driving record is 10 or more over a 3 year (36 month) period. Offenses /Violations Points • Conviction of an alcohol or substance abuse related driving offense 10 • Conviction of Failure to Stop and Give Information 10 • Conviction of Failure to Stop and Render Aid 10 • Conviction of any serious violation —e.g. reckless driving, endangering lives of others, racing 10 • License Suspension /Revocation 10 • Refusal to submit to a Blood Alcohol Content (BAC) test 10 • Driving without a Valid Drivers License 7 • Conviction for failure to report accidents 5 • Speeding 3 • Any chargeable bodily injury or property damage accident 3 • Conviction of a moving violation 1 • Failure to pay for violation or ticket for no valid insurance 1 All points are assigned based on the date of the violation and will remain on the driver's record for a period of thirty-six (36) months before they are removed. Disciplinary Actions for Driving Infractions: Time Period Allowable Points (Months) 2 -3 points 1 to 12 • Discussion between Manager and employee • Discuss employee's record with employee • Discuss desired improvement 4 -6 points 1 to 12 • Discussion between Manager and employee • Discuss employee's record with employee • Discuss desired improvement 7 -9 points 1 to 24 • Discussion between Manager and employee • Discuss employee's record with employee • Discuss desired improvement City Action Verbal Warning Written Warning Written Warning or Suspension 10 or more points 1 to 36 Suspension or Termination • Discussion between Manager and employee • Discuss employee's record with employee • An employee identified as being in or reaching this threshold may be subject to termination. SECTION 10: Chapter 9, Section 6, Catastrophic Leave Program of the Personnel Rules of the City of Huntsville, Texas is hereby amended to: A. Definitions: 1. Catastrophic Medical Conditions - A "serious health condition" as defined in section 4.06 of these policies. This specifically excludes any intentionally self - inflicted injury or illness, including that related to substance abuse. C. Donations: 1. An employee wishing to contribute vacation, sick and /or holiday hours to the Catastrophic Leave fund should see the Human Resources Department for the contribution forms. SECTION 11: Chapter 10, Section 1, On the Job Employee Behavior of the Personnel Rules of the City of Huntsville, Texas is hereby amended to add: A. The following list is intended to provide only general guidance for the types of behavior that are generally considered unacceptable while in the employ of the City of Huntsville. They include, but are not limited to: 13. Failure to observe safety regulations; 15. Willful, knowing, intentional, reckless or gross negligence; 16. Violation of State or Federal law and regulations; 17. Violation of City ordinances; and /or SECTION 12: Chapter 10, Section 10, Cellular Telephones Rules of the City of Huntsville, Texas is hereby amended to: 10.10 Cellular Telephones Policy The City of Huntsville recognizes that a cell phone can enhance an employee's ability to perform their job responsibilities, and, thus, benefit the employee's department and the City. The City's cellular service shall be monitored and evaluated on a regular basis by a Plan Administrator in order to ensure compliance with established use policies and budgetary restraints. The Plan Administrator shall be assigned by the Administrative Services Director from that department. Purpose A. To establish a City policy regarding the use of City cell phones and the reimbursement of business related calls on personal cell phones. B. To ensure that this service remains efficient and effective to include review of employee utilization of their City- issued phone in accordance with policy, overages are addressed in a timely manner, etc. C. To evaluate service plan levels according to use and recommend changes to increase or decrease service levels based on use, cost, etc. Procedure A. City Purchased Cell Phones: Contracts, Policies and Procedures - The City may, at its discretion, enter into contracts with cellular telephone service providers. During the period when one or more of these contracts is in force, the City will only purchase cellular telephones or cellular telephone service agreements for employee use on the basis of these contracts, unless a specific exception is granted. Procurement of cell phones and plans shall be administered by the Information Technology Division. Cell phones purchased for employee use should be based on the following criteria: a. The employee's position requires timely two -way business communication while out of the office. b. Phone service plans should be selected to reflect the estimated business use. 2. Eligibility and Approval - Cellular telephones and services may be provided to certain City employees to conduct activities incident to their City employment that either cannot be conducted on a land -line telephone or for which it would be inefficient to use a land -line telephone. Requests for cell phones must be approved by the employee's supervisor (who will determine need), the department director, the IT Division (who will provide advice on the most appropriate equipment and plans), and the City Manager. Monthly Billing - Invoices for City cell phones are to be directed to the Administrative Services Department. The Plan Administrator will be required to review and approve the summary. The department head will be responsible to either require the employee to reimburse the City or approve for payment. The Administrative Services Department Director will review all invoices and detail and authorize payment in addition to the Plan Administrator. The validity of the cell phone use for professional vs. personal reasons is subject to audit at any time. 4. Cell Phone Restrictions: a. Employees must use a hands free device while driving on City business. b. If an employee does not have a hands free device, he /she should let voice mail answer and /or call back when he /she is able to stop at a safe area. C. An employee may not operate a personal business from a City cell phone. 5. Personal Calls - The City of Huntsville provides cellular telephones to employees for the purpose of conducting City business. The use of City -owned cellular equipment to make or receive personal calls is discouraged, although it is understood that usage for personal reasons may be necessary in emergency situations. Employees must realize that although personal calls made within the local calling region and under the usage limits provided by the employee's plan do not result in additional charges, they do count toward the overall time limits established under the service agreement. Any overage, long distance, roaming or other charges incurred by the employee for personal calls shall be the responsibility of the employee. 6. Damage, Loss or Theft - Handsets or other equipment that is damaged in the course of business should be brought to the IT Division, who will contact the vendor for replacement or repair. Lost or stolen cellular equipment should be immediately reported to the employee's supervisor and to the IT Division so that the service can be cancelled. All costs incurred for replacement or repair will be the responsibility of the employee's department. If an employee consistently loses or damages his /her cell phone, the employee will be required to reimburse the City for purchasing /replacing the cell phone. 7. Program Management - The relationship with cellular providers shall be managed through the IT Division. IT Division staff will place all orders for cellular telephones and services with the contracted vendor and take delivery of equipment. IT staff will contact employees ordering equipment when it arrives and provide necessary orientation and training. The Plan Administrator, along with the department heads, will monitor plans and overall usage and suggest changes in service agreements to provide the most convenient and economical plan to the employee. B. Plan Administration: The Plan Administrator will be the contact point for supervisors to turn in requests for new or upgraded service plans as well as discontinued service requests. The Plan Administrator will then forward these requests to the City Manager for approval before completing such service request. When an employee terminates or changes to a position that no longer requires a City - issued cell phone, that employee's cell phone must be turned in along with a justification form indicating the change to the Plan Administrator by the end of the employee's last working day (or in that position). 2. The Plan Administrator will receive the monthly statement from the service provider and within three (3) business days will transfer the information to a spreadsheet for evaluation and payment purposes. 3. The Plan Administrator will then forward a copy of the statement and backup spreadsheet delineating charges to the appropriate fund- department /division- object code to Finance as authorized to be processed for payment. 4. The Plan Administrator will review the statement for overages and notify the employee's department head (or their authorized designee) of the total owed to the City. Reports will be provided for reviews to take place at the first City Manager Staff Meeting following receipt of the monthly statement. a. Monthly Review: On a monthly basis, department heads will be notified of their departmental service plan amounts, by user. It is the department head's responsibility to ensure that both the employee is notified and that reimbursement is made to the appropriate account in a timely manner. b. Quarterly Review: The Plan Administrator will prepare a comparison spreadsheet on a quarterly basis to (1) provide department heads with overage amounts, and (2) review service plan levels in order to make recommendations for changes in service plan levels to the department heads. In addition, the Plan Administrator will produce a report to demonstrate reimbursements and delinquencies. 5. If any employee's monthly service charge exceeds the plan by $5.00 or more or if an employee's quarterly service charge exceeds their plan by $10.00 or more, for non - business - related calls, the employee is responsible for reimbursement to the City. The employee is responsible for reimbursement to the appropriate account for the charges owed by the end of the month in which they were notified of the overage. (A form is available for submission with payment to ensure accuracy in accounting — see the Plan Administrator.) 6. Service plan level changes will only be authorized by the City Manager. C. Employee Purchased Cell Phones: Policies and Procedures - City employees may submit a request for reimbursement when their personal cellular phone is used for business related calls. Employees will be reimbursed a flat rate per minute for local calls. A reimbursement request cannot exceed the amount paid by an employee for a monthly service plan. Taxes, surcharges, late fees and miscellaneous assessments are non - reimbursable. Additional fees related to long distance business calls will be reimbursed per billing detail. Employees must submit their requests for reimbursement on a City of Huntsville Travel and Business Expense Report. Attachments must include a copy of the bill detail with business related calls highlighted, as well as an account summary page detailing monthly package charges. Reimbursement requests must be submitted to Accounts Payable within 30 days following the end of each quarter. Department heads who report to the City Manager shall submit a copy of their Expense Reimbursement Form with copies of billing and account summary detail to the City Manager's Office for review. The City encourages employees to submit this expense with other employee expense reimbursement requests to reduce unnecessary transactions. Cell Phone expenses incurred in: Must be submitted no later than: October - November - December January 31 January- February-March April 30 April- May -June July 31 July- August- September October 31 SECTION 13: Chapter 11, Section 3, Dismissal of the Personnel Rules of the City of Huntsville, Texas is hereby amended to add: Procedure A. Just cause is a violation of established rules or actions on the part of the employee which impairs the effectiveness, efficiency or reputation of the City. B. An employee's on or off the job behavior which impairs the effectiveness, efficiency or reputation of the City is also considered just cause. C. An employee may wish to grieve a dismissal and should be allowed to do so in accordance with Section 12. SECTION 13: This Ordinance shall take effect immediately. PASSED AND APPROVED THIS 18th DAY OF July 2006. Danna Welter, City Secretary APP V4ASF Thomas A rney