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ORD 2007-35 - Amending Personnel Rules Ch. 4,7,8 & 9 (ORD 2005-17) 12-11-2007ORDINANCE 2007 -35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING THE PERSONNEL RULES OF THE CITY OF HUNTSVILLE BY AMENDING CHAPTERS 4, 7, 8, and 9; AND MAKING OTHER PROVISIONS RELATED THERETO. WHEREAS The City of Huntsville Employee Policies and Procedures were originally adopted on September 20, 2005, by Ordinance No. 2005 -17; and WHEREAS Sections of the Employees Policies and Procedures are being amended; and WHEREAS the Personnel Committee of the City Council has reviewed the recommended amendments as proposed by the City Manager and Director of Administrative Services: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: SECTION 1: Chapter 4, Section 5, Sick Leave of the Personnel Rules of the City of Huntsville, Texas, is hereby amended to read: Rates of Accrual Sick leave benefits will accrue on a bi- weekly basis. Eligible full -time employees will accrue one (1) sick day for each month worked The following employees will not accrue sick leave benefits: employees who are regular part -time and temporary; employees who are on an unpaid leave of absence (including but not limited to unpaid FMLA leave, extended medical leave of absence, or personal leave of absence) and employees who are receiving disability benefits. Accumulation of sick leave credits will be limited see Section 4.05 ( I ). The City will not restore sick leave credits upon rehiring. SECTION 2: Chapter 7, Section 5, Worker's Compensation of the Personnel Rules of the City of Huntsville, Texas is hereby amended to read: Worker's Compensation Procedures O. Any employee seeking treatment for a work related injury must choose a Treating Doctor from the Alliance list of doctors. If an injured worker chooses to treat with a non - Alliance doctor, he /she assumes risk of payment for the medical treatment and potential loss of income benefits. The Training/Risk Coordinator will coordinate and assist the injured worker in making a doctor appointment for the employee. Page 1 of 10 SECTION 3: Chapter 8, Section 3, Risk Management Procedures of the Personnel Rules of the City of Huntsville, Texas is hereby amended to read: C. Personal Protective Equipment The designation and use of protective equipment for all jobs which have an inherent injury potential shall be specified by the supervisors involved. Detailed specifications for the design, purchase and use of all protective equipment shall be coordinated between the Training /Risk Coordinator and the supervisors and then recommended to the department head. Specialized protective equipment specified as mandatory on hazardous jobs shall be provided by the City of Huntsville and employees shall be fully accountable for its use and condition. Work boots and prescription safety glasses shall be provided by the City of Huntsville when required. D. Proper Dress for Work - Each employee shall wear clothing suitable to the job he /she is performing at all times. Suitable clothing means clothing that will minimize danger from moving machinery, hot or injurious substances, sunburn, etc. All employees working in the field 50% or greater shall wear work boots or safety shoes suitable for their particular type of work to avoid possible falling objects, crush type injuries, nail punctures, weed- eaters, slip and falls and chemicals. Open toed shoes, high heels, loafers and tennis shoes will not be permitted on job sites. Individuals with long hair shall wear a cap or net while working around machines. Individuals required to wear breathing devices in toxic atmospheres shall be clean shaven where the mask makes contact with the face. Examples: Employees working on construction sites shall not wear tennis shoes, loafers or sandals; Employees shall not wear high platform sandals or shoes while working if the thickness of the sole and heel is extreme and causes the wearer to walk precariously. SECTION 4: Chapter 8, Section 6, Injury Reporting and Follow -up of the Personnel Rules of the City of Huntsville, Texas is hereby amended to read: Procedure A. Procedures for Reporting Emplovee Injuries: 2. Supervisors shall first respond to the immediate medical needs of any injured person(s). This could mean, calling for the Emergency Medical Service, or driving the injured person to the hospital themselves. The incident must be reported to their Superintendent. The supervisor shall immediately notify the Training/ Risk Coordinator in the event medical attention is needed. The Superintendent must inform the injured employee that he /she must choose a Treating Doctor from the Alliance list of doctors. if an injured worker chooses to treat with a non - Alliance doctor, he /she assumes risk of payment for the medical treatment and potential loss of income benefits. The Training/Risk Page 2 of 10 Coordinator will coordinate and assist the injured worker in making a appointment for the employee. 3. The Superintendent must ensure that the injured employee fills out the Injury Investigation Report. The immediate supervisor must sign the Injury Investigation Report along with the employee involved. This form is to be turned into the Superintendent immediately and then to the Training /Risk Coordinator within twenty -four (24) hours of the injury. It is the responsibility of the Superintendent to notify their department head of any injury. C. Procedures for Reportine Vehicle Accidents: In the event of a vehicle accident, the local police department must be called to investigate the incident. If the accident is in Walker County, the Risk Manager must be called in addition to the Police Department. 2. Collision Reporting Requirements - Any collision involving a City - owned, rented or leased vehicle or privately -owned vehicle used in service to the City shall be reported as follows: 1. Summon medical care for any injured parties; 2. Notify appropriate law enforcement authorities; 3. Notify employee's immediate supervisor; where as 4. The supervisor shall immediately notify the Risk Manager. The supervisor shall be responsible for initiating the departmental investigation of the collision, completing all required City reports and recommending any follow -up preventative actions. Reports shall be received by the Training/Risk Coordinator within forty -eight (48) hours of the collision. 3. If an injury to the employee occurs as a result of the vehicle accident, refer to this Section under A, Procedures for Reporting Employee Injuries. SECTION 5: Chapter 9, Section 1, Vehicle Operation Policy of the Personnel Rules of the City of Huntsville, Texas is hereby amended to read: C. Employees - Are required to follow defensive driving practices which are established for the protection of employees and the citizens of Huntsville. Each employee driving a City vehicle shall: 4. Call police in the jurisdiction responsible to investigate all collisions involving City vehicles and report details to immediate supervisor as soon as possible. In the instance that a collision occurs on private property, Risk Management should be contacted instead of the Police Department as the Police Department will not investigate on private property. Page 3 of 10 5. In addition to Section 10 -01, On the Job Employee Behavior, employees operating a City vehicle or operating a vehicle in service to the City shall follow those operating rules. SECTION 6: Chapter 9, Section 4, Drug and Alcohol Testing of the Personnel Rules of the City of Huntsville, Texas is hereby amended to read: 4. Random Testing — DOT drivers and safety- sensitive workers are subject to random drug and alcohol testing. The City of Huntsville will conduct drug and alcohol testing on a random basis at the beginning, during or end of a regularly scheduled work shift. The testing dates and times will be unannounced and with unpredictable frequency throughout the year. The number of random tests conducted will, at a minimum, equal the amount required by federal and/or state regulations. Every employee will have an equal probability of being selected every time the selection is conducted. Appropriate safeguards will be present to ensure that the identity of individuals cannot be determined prior to, or at the time of their selection. Whenever an employee is randomly selected to be tested, he or she will be notified of this, just prior to the test and instructed to report to the collection site immediately. Any employee who tests positive or who refuses to submit to a test is subject to disciplinary action up to and including termination. E. Drug Testing Procedures: 5. Before being tested for drugs and /or alcohol, an employee will be given an opportunity to list, on his or her copy of the chain of custody form, any prescriptions and non - prescription medications he or she is taking at the time of the test. A "positive" drug test may be declared "negative" by the MRO, if the employee can prove with clear and convincing evidence that the drug was prescribed by a licensed physician within the last two (2) years, who is familiar with the employee's medical history and specific job duties. This determination will be made by the MRO. SECTION 7: Chapter 9, Section 5, Electronic Communications of the Personnel Rules of the City of Huntsville, Texas is hereby amended to read: Purpose The purpose of this policy is to provide users with an understanding of the acceptable conduct that shall be followed when using technology provided by the City of Huntsville. References • Texas Public Information Act • City of Huntsville Record Retention Policy Page 4 of 10 • Approved City of Huntsville software list Definitions 1. IT - Any employee of the City of Huntsville's Information Technology Division. 2. IT resources - Refers to all computers and other electronic devices (such as laptops, printers, Blackberry handhelds, cellular telephones, digital cameras, and personal digital assistants) that are attached to and using City of Huntsville resources, including its networks, and the applications they support; such as software, electronic mail, and access to the Internet. 3. User - Any individual who has been issued a domain user name and password which may include, but not be limited to, a City of Huntsville employee, Mayor and City Council Member, Board and Commission Member, vendor, and volunteer. 4. Non -user - Any individual who is not classified in section 9.05, Definition 3 — User. Non —user; for example: friends and/or family members of a user. 5. Electronic Mail (E -mail) - Refers to all electronic mail that is sent, received, downloaded, or stored when using the City of Huntsville E -mail System. Accesses to personal Internet e -mail systems, such as accounts with Yahoo, Hotmail, etc., are subject to provisions stated in Section 9.05 B,— Internet Usage, 6. Virtual Private Network (VPN) - A virtual private network (VPN) is a network that uses a public telecommunication infrastructure, such as the Internet, to provide authorized users access to IT resources from remote locations. Policies A. Electronic Mail (E -mail) Use of e -mail communication is permitted for city business - related purposes only. Users must remember that e -mail messages are not a form of private communication. All messages that are created, received, and/or stored using IT resources are considered the property of the City of Huntsville and are subject to the Texas Public Information Act (formerly the Texas Open Records Act) and the City of Huntsville Record Retention Policy. Users should refrain from using e -mail communication to send jokes, racial, political views, personal opinions, chain letters, or sexually- oriented material. Messages must not include any offensive, abusive, harassing, threatening, or obscene material. Users should refrain from using email communication to operate personal businesses, for commercial promotional purposes, including but not limited to personal messages offering to buy or sell goods or services. Users should refrain from subscribing to non -city business - related mass communication subscriptions, mailing list servers, discussion threads, and newsgroups. Each user's mailbox has a storage capacity of two gigabytes. When a mailbox reaches this storage capacity a message will be sent to the user instructing them to begin cleaning their mailbox and/or to contact IT for assistance with message archiving procedures. All deleted email messages are stored online for a period of Page 5 of 10 thirty days, all deleted messages older than thirty days are automatically purged from online storage. Emails pertaining to the Texas Public Information Act (formerly the Texas Open Records Act) and the City of Huntsville Record Retention Policy are excluded. B. Internet Usage The City of Huntsville strictly prohibits the use of the Internet for reasons other than city business - related purposes. Purposely accessing Web sites that promote adult content, nudity, violence, racism, religion, drugs, games, online auctions, gambling, or personal shopping are strictly prohibited. Incidental and occasional use of the Internet for non -work purposes is permitted during lunch breaks. Streaming audio or video from the Internet for non -city business - related activities is prohibited. This activity includes, but is not limited to, listening to online radio stations and watching music videos and movie clips. Unwarranted Internet usage can cause the city's network system to become congested resulting in interruption of Internet access to users who are trying to complete online city business - related work. The terms and conditions of this policy shall also apply to user's accessing the Internet via any electronic device owned by the City of Huntsville. Before making purchases on the Internet, employees who are authorized to use City of Huntsville credit cards must ensure that they are using a secured site. Secured sites will contain https in the uniform resource locater (URL) to signify that it is secure. The use of the Internet is a privilege, not a right, which may be revoked by the user's department head at any time for unacceptable use. C. Employee Owned Equipment The City of Huntsville prohibits the use of employee -owned equipment being attached to IT resources, unless explicitly approved in writing by the IT Manager. Examples of employee -owned equipment include, but are not limited to, the following: Wireless access devices, Personal digital assistants (PDA), Blackberry handhelds, laptops, desktops, digital cameras, USB drives, cellular telephones, and /or MP3 players. D. Non -user Non- users, as defined in Section 9.05, definition 3. — Non - users, are strictly prohibited from using any device classified as IT resources. E. File Storage Users should refrain from storing personal files, such as documents, photographs, graphics, etc., on any device classified as IT resources. IT performs nightly tape backups of all network system files and documents; therefore, all city business - related documents must be stored on network drives. Page 6 of 10 Files and documents stored on a user's desktop or local drive are not accessible from the city's network system and cannot be backed up or restored. E. Remote Access (VPN) The policies and procedures contained herein apply to authorized users of the City of Huntsville's Virtual Private Network (VPN) Service. All other policies covering the use of IT resources by authorized users are still in effect when resources are accessed from remote locations as well as all regulations governing the protection of confidentiality and integrity of City information, such as the Texas Public Information Act and the City of Huntsville Record Retention Policy. Any remote linkage through the VPN service is considered an extension of the city's network systems, and is subject to all security and appropriate use policies. 1. Remote Access for Users (VPN) Users that require access to the city's network system from a remote location will be provided a unique VPN user name and password. All requests for remote access must be submitted to the IT Manager for approval and only users issued City of Huntsville laptops may apply. While accessing the city's network systems from a remote location all terms and conditions contained within this policy shall apply. 2. Remote Access for Vendors (VPN) IT recognizes the need to provide secure remote access to its network systems to authorized vendors, and their associated business partners, with which specific contractual relationships have been established. Normally, such vendors need access only to a specific city network system(s) as required by the contractual relationship. IT prefers vendors to use the latest Cisco VPN client software to establish remote connectivity. Vendors must submit a completed VPN Authorization Form to the IT Manager explaining the intended purpose for remote access, approximate usage and duration, as well as full names of all vendor employees that will be accessing the city's network systems. At no time should any vendor employee provide their VPN user name and /or password to anyone, not even family members. Vendors must notify the IT Manager immediately upon termination of an employee who has been provided VPN privileges. G. Desktop Remote Access IT utilizes a variety of desktop sharing applications that provide remote access to a user's computer when assisting with reported issues. IT will attempt to contact the user before establishing a remote connection. If the user is unavailable, IT reserves the right to establish a remote connection to the user's computer in an attempt to resolve reported issues. Page 7 of 10 H. Password Policy and Standards All user passwords must be constructed, implemented, and maintained according to the City of Huntsville policies, standards, and/or procedures governing password management. The City of Huntsville enforces the following password policy through Microsoft's Active Directory (AD) services at either the Domain or Organizational Unit (OU) level to ensure compliancy. All users are forced to login to a Microsoft domain to access network resources. 1. Password Policy • Do not share City of Huntsville passwords with anyone; including family members, elected officials, charter officers, co- workers, administrative assistants supervisors and directors. Do not reveal a password over the phone, in an e -mail, in a chat session, or in person to anyone regardless of who they are. Do not write down and store passwords anywhere. Do not store passwords in an unencrypted state on any IT resource (including PCs, Palm Pilots or similar handheld devices. Do not talk or hint about the format of your password in front of others. • Do not allow unauthorized individuals to have access to City's resources, or otherwise permit any use which would jeopardize the security of the City's electronic communication systems. 2. Password Standards • Passwords shall be a minimum length of eight (8) characters on systems. • Passwords shall not be a dictionary word or proper name. • Passwords and the user -id shall not be the same. • Passwords shall be changed within a maximum of every 60 days. • All systems shall prevent password reuse of the last three (3) passwords. • Passwords shall not be transmitted in the clear outside the secure domain. 1. Monitoring, Reporting and Filtering Rights Internet usage and e -mail communications are monitored daily to ensure compliance with this policy and any applicable local, state, and federal laws or regulations related to the use and security of city information. Page 8 of 10 J. I:4 L. 1. Monitoring Rights IT has the right to monitor all activity conducted while using IT resources. IT may monitor Internet and desktop application usage to diagnose and repair network performance issues and ensure user compliance to this policy. 2. Reporting Rights IT has the ability to provide reports on a user's computer activity while using IT resources. IT collects detailed information on all desktop application and Internet usage and has the ability to provide reports on such usage by user name, computer, or department. All requests for desktop application, email, or Internet usage reports must be submitted to the Human Resoufces Director for review and approval. 3. Filtering Rights IT has the right to filter and/or block access to specific Web sites or categories of Web sites to enforce Internet usage rules, as defined in Section 9.05 B — Internet Usage, in an effort to reduce bandwidth usage and improve the city's overall network system performance. Software and hardware purchases, installation, and licensine Employees may not purchase and/or install any hardware or software without the approval of IT. Existing hardware and software owned by the City may not be re- located or re- distributed and installed without the consent of IT. Employees should immediately notify the IT Manger if they discover unlicensed software on any IT resource. The installation of trial software for research and testing, authorized by the vendor, is acceptable. Software not listed on the approved City of Huntsville software list will not be supported. Disciplinary Actions Any user who fails to comply or adhere to the City of Huntsville Electronic Communications Policy may be subject to disciplinary action up to and including termination. Requests for Public Disclosure of Electronic Records All requests for release of any data in electronic form, including hard -copy printout, shall be handled in conformance with Federal, State, and City of Huntsville open records laws, policies, and procedures. All requests for release shall be returned to the Office of the City Secretary. Page 9 of 10 SECTION 8: This Ordinance shall take effect immediately. PASSED AND APPROVED THIS 11" DAY OF DECEMBER 2007. A. Brim, City Secretary ZAPPRVED AS TO ORM� ' X) Leeper, Cit tome Page 10 of 10