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HomeMy WebLinkAbout2024-05-06 I01M Seasonal Employee HandbookAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: May 6, 2024 AGENDA ITEM:Consideration of approval of a resolution approving a seasonal employee handbook FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The Council is asked to authorize the implementation of a seasonal employee handbook. The handbook is intended to apply to city employees hired to fill a position of limited duration created to handle periodic or seasonal increases in workload. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommends approval of the resolution approving the seasonal employee handbook. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed resolution II. Seasonal Employee Handbook PREPARED BY:Michelle Lindsay REVIEWED BY: . I1M THE CITY OF WAUKEE, IOWA RESOLUTION 2024 AUTHORIZING SEASONAL EMPLOYEE HANDBOOK IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City desires a comprehensive set of general guidelines and policies governing all personnel matters for all city employees, including employee conduct, workplace conditions, drug & alcohol policies, policies that implement state and federal employment laws, and other aspects of public employment and City service; AND, WHEREAS, these policies are intended to apply to seasonal city employees that are hired to fill a position of limited duration created to handle periodic or seasonal increases in workload; AND, WHEREAS, the policies contained in the seasonal employee handbook are general guidelines for the City’s current employment practices and workplace procedures. They are not intended to be a contract, expressed or implied, or any type of promise or guarantee of specific treatment upon which employees may rely, nor a guarantee of employment of any specific duration; AND, WHEREAS, the employee handbook is a condensed version of the employee handbook which has been reviewed by the City’s employment attorneys; AND, WHEREAS, the effective date of the seasonal employee handbook will be May 2024. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6th day of May 2024, that it hereby approves and adopts the seasonal employee handbook. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair 1 SEASONAL EMPLOYEE HANDBOOK Effective: May 2024 Human Resources ADOPTED By the Waukee City Council on May 6, 2024 Resolution No. 2024- EFFECTIVE May 2024 This supersedes all previous personnel policies. WELCOME LETTER Dear Employees: The most important resource to the City of Waukee is its employees! This handbook has been prepared to help you understand the City’s policies and procedures. Please read this handbook carefully. Should you have any questions concerning this handbook, please direct them to your immediate supervisor or to Human Resources. MISSION STATEMENT The mission of Waukee City government is to provide excellent municipal services in a customer-friendly and most cost-effective manner, and to engage the residents in creating a great community. VISION STATEMENT Waukee is a high-quality, forward-looking community poised for continued and balanced growth in the 21st century. It is a multi-generational community with a diverse range of people and a diverse range of employment, entrepreneurial, educational, shopping, housing and recreational opportunities that are connected and accessible to all. Waukee actively preserves and enhances the natural features and environmental qualities that make it an attractive place to live, work and play. Waukee continues to grow in economically, environmentally, and socially responsible manners and leverages thoughtful design and innovation. WELCOME LETTER MISSION & VISION STATEMENTS INTRODUCTION 1.1 PURPOSE 1 1.2 WHO IS COVERED BY THIS HANDBOOK? 1 DEFINITIONS 2 EQUAL EMPLOYMENT OPPORTUNITY 3 COMPENSATION 4 2.1 INTRODUCTION 4 2.2 PAY PERIODS & PAY DAYS 4 2.3 DIRECT DEPOSIT 4 2.4 HOURS OF WORK 4 2.5 OVERTIME 5 LEAVE BENEFITS: WITH AND WITHOUT PAY 5 3.1 HOLIDAYS 5 3.2 PAY FOR HOLIDAYS WORKED 5 3.3 INJURY LEAVE 5 3.4 INJURY 5 EMPLOYEE POLICIES 7 4.1 JOB VACANCY & RECRUITMENT 7 4.2 REASONABLE ACCOMMODATIONS 7 4.3 PREGNANT WORKERS FAIRNESS ACT 7 4.4 PERSONNEL RECORDS 8 4.5 ATTENDANCE 9 4.6 PERSONAL APPEARANCE 9 4.7 HOUSEKEEPING 10 4.8 INCLEMENT WEATHER – CITY OFFICE CLOSURES 10 CONTENTS 4.9 HIRING OF RELATIVES 11 4.10 VEHICLE POLICY 11 4.11 NOTIFICATION OF ARRESTS AND OTHER GOVERNMENTAL ACTION 12 4.12 OUTSIDE EMPLOYMENT 12 4.13 ELECTRONIC COMMUNICATION 12 4.14 COMMUNICATIONS/MEDIA POLICY 13 4.15 VOLUNTARY RESIGNATION 13 OCCUPATIONAL SAFETY AND HEALTH 13 5.1 SAFETY 13 5.2 REQUIRED DRIVER’S LICENSE AND UNIFORMS/CLOTHING 14 5.3 SEXUAL HARASSMENT/HARASSMENT 14 5.4 DRUG AND ALCOHOL POLICY 15 5.5 SMOKING AND TOBACCO POLICY 15 5.6 WORKPLACE VIOLENCE POLICY 16 5.7 WORKPLACE BULLYING 17 EMPLOYEE CONDUCT AND WORK RULES 18 GRIEVANCE PROCEDURE 19 EMPLOYEE ETHICS 20 6.1 CAMPAIGN ACTIVITIES 20 6.2 CANDIDATES FOR OFFICE 20 6.3 GIFTS AND IN-KIND CONTRIBUTIONS 20 6.4 CODE OF ETHICS 20 6.5 GENERAL EMPLOYEE CONDUCT AND ETHICAL BEHAVIOR 21 EMPLOYEE ACKNOWLEDGEMENT 23 1 1.1 PURPOSE The contents of this employee handbook are presented as a matter of information only. It is not a contract, express or implied. While the City of Waukee believes wholeheartedly in the plans, policies and procedures described here, they are not conditions of employment. The City reserves the right to delete from, add to and/or revise the employee handbook at any time without notice to the employee. Although the hope is that your employment relationship with the City will be long-term, your employment is at will, meaning either you or the City of Waukee may terminate this relationship at any time, for any reason, with or without notice. 1.2 WHO IS COVERED BY THIS HANDBOOK? This employee handbook applies to limited part-time, interns and seasonal/temporary employees. The City of Waukee will call out from time to time, when a policy or practice may be the same or slightly different for employees who are working in different classifications, under contract terms or employees working under a collective bargaining agreement. Whenever the policies, terms, conditions, or language of this handbook conflict with those of a collective bargaining agreement or any other employment contract, the policies, terms, conditions and language of the collective bargaining agreement or employment contract supersede those of the handbook. 2 DEFINITIONS For purposes of this handbook, the following terms shall have the following definitions: BENEFITS-ELIGIBLE EMPLOYEE –Temporary, seasonal, and limited part-time employees are NOT eligible for benefits, regardless of the number of hours worked. CITY – The City of Waukee DEMOTION – The movement of an employee to a job class having a lower maximum pay grade. A reclassification is not considered a demotion. DISCHARGE – The separation of an employee from City employment for cause. DISCRIMINATION – A showing of bias or favoritism in treatment based on race, color, religion, sex, age, national origin, sexual orientation, gender identification, disability and/or genetic information, etc. EMPLOYEE – Any individual who works for the city except the following: 1.Elected officials. 2.Members of City boards, commissions, and committees. 3.Independent contractors, including the City Attorney; and 4.Volunteers EXEMPT EMPLOYEE – An employee who is exempt from the overtime provisions under the Federal Fair Labor Standards Act (FLSA). FLSA - The Federal Fair Labor Standards Act establishes minimum wage, overtime pay, record keeping and youth employment standards. FMLA – The federal Family and Medical Leave Act entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons. GRIEVANCE – A formal written complaint by a City employee through proper administrative channels alleging that his/her employment or productivity has been adversely affected by unfair treatment, unsafe or unhealthy working conditions, inaccurate application of Waukee’s policies or procedures, or unlawful discrimination. LIMITED PART-TIME EMPLOYEE – An employee working a limited or variable number of hours that averages less than 20 hours per week, in a position of indefinite duration. NON-EXEMPT EMPLOYEE – An employee who is eligible for overtime compensation under the provisions of the Federal Fair Labor Standards Act (FLSA). OUTSIDE EMPLOYMENT – Employment of any kind engaged in by a City employee for which compensation is received from a source other than the City of Waukee. 3 OVERTIME – Authorized time worked by an employee more than regular work schedule as provided for in the Fair Labor Standards Act (FLSA). PROMOTION – Any movement of an employee from a position in one class to a position in another class having a higher pay grade. Reclassifications are not considered a promotion. SEASONAL/TEMPORARY EMPLOYEE – An employee hired to fill a position of limited duration (commonly six months or less) created to handle unexpected, periodic, or seasonal increases in workload. May be full-time or part-time. SEXUAL HARASSMENT – Unwelcome sexual advances, requests for sexual favors, and/ or all other verbal or physical conduct of a sexual or otherwise offensive nature where, submission to such conduct is made either explicitly or implicitly a term or condition of employment, submission to or rejection of such conduct by an individual is used as the basis of employment decisions affecting the individual, and/or such conduct has the purpose or effect of unreasonably creating an intimidating, hostile or offensive working environment. TERMINATION – The separation of an employee from the service of the City, including death, rejection, discharge, layoff, resignation, or retirement. The termination date will be the last working day of the employee, unless otherwise determined by the City Administrator. TRANSFER – The movement of an employee from one position to another. This could be within the same classification or in a different classification. VACANCY – A position duly created and not abolished which is not currently occupied by an employee. EQUAL EMPLOYMENT OPPORTUNITY (EEO) AND AFFIRMATIVE ACTION It is the objective of the City to encourage employment and advancement of all individuals in a way that will utilize their talents to the maximum potential and develop their skills most effectively in a work and community environment that is free from discrimination. The City of Waukee has a policy to provide equal opportunity for all where employment is based upon personal capabilities and qualifications without discrimination because of race, color, religion, sex, age, national origin, sexual orientation, gender identity, disability, genetic information, or any other protected characteristic as established by law. This policy of equal employment opportunity applies to all policies and procedures relating to recruitment and hiring, compensation, benefits, promotion, termination, and all other terms and conditions of employment. The City will comply with all federal and state regulations regarding affirmative action. 4 2.1 INTRODUCTION It is the responsibility of the City to develop and maintain a compensation plan and a job classification plan for all applicable positions within the City, subject to review and approval by the City Council. The City seeks to balance the need to be prudent with public funds and the compensation needs of its employees. The City maintains these plans separate from this handbook. Increases in pay shall generally be considered on an annual basis to successive established steps in the assigned classification. Non-exempt employees are employees whose work is covered by the Fair Labor Standards Act (FLSA). They are NOT exempt from the law’s requirements concerning minimum wage and overtime. 2.2 PAY PERIOD AND PAYDAYS Payday is every other Friday (bi-weekly). If payday falls on a holiday, you will be paid prior to the holiday. Your pay period will begin on Sunday and end on the Saturday prior to the Friday pay date. 2.3 DIRECT DEPOSIT The direct deposit of payroll checks is also provided and encouraged. An employee may divide their check among different depositories and/or accounts for same-day ACH deposit. Pay stubs will be emailed to the email address on file provided by the employee. 2.4 HOURS OF WORK Workweek hours may vary depending on the time of year, the position and department. The workday is defined as the 24-hour period starting at 12 a.m. and ending at 11:59 p.m. The workweek covers seven consecutive days beginning on Sunday and continuing through Saturday. All hours worked shall be credited to the day when the shift began. A work hour is any hour of the day that is worked and should be recorded to the nearest quarter of an hour. On shifts during which clocks are adjusted for the implementation or cessation of daylight savings time, employees shall be paid for the number of hours actually worked. All non-exempt employees must record their working time and nonworking time in the appropriate timekeeping system. Employees are expected to be engaged in carrying out their duties during all scheduled work times and should be ready to begin working at their scheduled starting time. The City shall have the right to change the work schedule and call employees to come to work to efficiently meet the operational needs of the employer. An employee who is called to be physically present at work shall be paid a minimum of one (1) hour of pay unless such call requires the employee to report to work within one (1) hour prior to or succeeding his/her regular shift. Lunch Hours: Your supervisor will advise you of your assigned time as the City must maintain adequate work coverage. Each employee shall be allowed an unpaid lunch period if they have worked five hours or more, which shall generally be scheduled in the middle of the work shift. Lunch periods shall be scheduled by the department supervisor who will consider 5 department needs and regulations. Such periods will not be more than one (1) hour nor less than 30 minutes. Work Breaks: Each employee may take a 15-minute rest break for every four hours worked. The direct supervisor is responsible for determining when and where employees take rest breaks. Rest break time does not accrue; if unused, it is lost. 2.5 OVERTIME & COMPENSATORY TIME All seasonal employees shall be paid, in cash at a rate of one and a half (1 1/2) the employee’s straight time hourly rate for work in excess of 40 hours in any workweek. Except for emergencies, any work in excess of the normal work period must be approved in advance by the employee’s immediate supervisor. 3.1 HOLIDAYS The following days shall be recognized holidays. New Year’s Day Veterans Day Presidents Day Thanksgiving Day Memorial Day Friday following Thanksgiving Day Independence Day Christmas Eve Day Labor Day Christmas Day 3.2 PAY FOR HOLIDAYS WORKED Seasonal employees who are required to work, by their supervisor, on any of the actual holidays listed above, shall be paid at a rate of one and one-half (1 1/2) the employee’s straight time hourly rate. 3.3 SICK LEAVE You should notify your immediate supervisor prior to your regular scheduled reporting time if you are going to be absent. Your supervisor may require doctor documentation if there is reason to believe an abuse of sick leave is occurring or if you are absent for more than three consecutive days. False or fraudulent use of sick leave shall be cause for disciplinary action and may result in dismissal. 3.4 INJURY LEAVE If you should be injured on the job, first call the Company Nurse Injury Hotline at 1-888-770-0928. Then, immediately notify your supervisor, who will then notify Human Resources. Job-related injuries are covered under the provisions of worker’s compensation. Please refer to iowaworkcomp.gov or contact the Human Resources Department for more information. The City has a designated clinic as its worker’s compensation authorized treating clinic as provided by law under Iowa Code Chapter 85.39. Employees with a work-related illness or injury will be required to have their initial evaluation with this clinic. If appropriate, and with prior approval from the Iowa Municipalities Workers' Compensation Association (IMWCA), the designated clinic may make referrals to other specialists. 6 If an employee decides to go to another provider without a referral from the authorized treating clinic, the employee will be responsible for all expenses related to those visits. No worker’s compensation benefits may be claimed unless the employee has been seen by the authorized treating clinic. If appropriate, and with prior approval from the Iowa Municipalities Workers' Compensation Association (IMWCA), the designated clinic may make referrals to other specialists. 7 4.1 JOB VACANCY & RECRUITMENT The City of Waukee recruits the most qualified persons regardless of race, sex, sexual orientation, gender identity, color, religion, age, ancestry, national origin, or handicap (provided such handicap does not interfere with job performance with reasonable accommodations). The City will not hire relatives of regular full-time or part-time employees when employment would result in an employee being in a position supervised by a relative. A more detailed description of the policy on hiring relatives is found in paragraph 4.9, Hiring of Relatives. 4.2 REASONABLE ACCOMMODATIONS The City of Waukee will make reasonable accommodations for a disability unless the accommodations would impose an undue hardship on the employer. The disabled employee must be able to perform the essential functions of the job with or without reasonable accommodations. The feasibility of reasonable accommodations shall be determined on a case-by-case basis taking into consideration the employee’s specific physical or mental impairment, the essential functions of the job, the work environment and the ability to provide accommodations. 4.3 PREGNANT WORKERS FAIRNESS ACT As required by the federal Pregnant Workers Fairness Act (PWFA), the City of Waukee will provide “reasonable accommodations” to employees with known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodations will cause an “undue hardship” to the City of Waukee’s operations. 8 4.4 PERSONNEL RECORDS The City keeps a separate, confidential file for each employee that includes the employment application, experience records and other pertinent information. These files are used to provide information for payroll deductions, pay increases, and for other personnel related matters. All information is kept confidential, with only authorized personnel having access to that information. You may review your file to examine the contents. Such a file review must be conducted in the Human Resources Department in the presence of the Human Resources Director, or designee, to preserve the security of your information. No item may be removed from the file. To keep all personnel records up to date, please contact Human Resources if you have any change in the following: Name Address/phone number Marital status People to be notified in the event of an emergency and their contact information. Iowa law governs access to City of Waukee records and information. Please refer to Chapter 22 (Open Records) of the Iowa Code and the Open Records Policy for guidance on this matter. 9 4.5 ATTENDANCE If any employee is absent because of an illness of more than three consecutive days, his/ her supervisor may request that the employee provide written documentation from the attending physician as to the reason for the absence and that he/she is able to resume normal work duties before the employee will be allowed to return to work. Employees are responsible for any charges made by their doctors for this documentation. The employee and/or their supervisor must advise Human Resources of absences of more than three consecutive days. Not reporting to work or not calling to report the absence is a no-call/no-show and is a serious matter. A no-call/no-show lasting three days may be considered job abandonment and may be deemed an employee’s voluntary resignation of employment. 4.6 PERSONAL APPEARANCE It is the policy of the City of Waukee that each employee’s dress, grooming and personal hygiene should be appropriate to the work situation. Radical departures from conventional dress or personal grooming are not permitted, regardless of the nature of the job performed. Every employee has some contact with others, and therefore represents the City of Waukee in his/her appearance as well as by his/her actions. Quality service to the public includes the clean and professional appearance of the people who provide those services. All employees’ clothing should be professional and appropriate to the work performed, as set forth in these policies and determined by each department director. The properly attired employee helps to create a favorable image for the City of Waukee. The following guidelines should be followed by all employees; however, nothing in this policy prohibits a department director from establishing a more stringent dress code for their office or department. Employees are expected to dress in a manner that conforms to each department’s dress code and is normally acceptable in their work area. All employees must maintain a clean, well-kept appearance. Clothing must be clean, well maintained and fit properly. Tight fitting, over-sized, torn, and revealing or provocative clothing is considered unacceptable. Certain articles of clothing such as miniskirts, halter-tops, sweatpants, wind pants and pajama pants will be considered inappropriate work attire for all employees. Closed-toe protective shoes and stockings/socks must be worn by certain departments and in certain work areas due to Occupational Safety and Health Administration (OSHA) safety and health regulations. Personal protective equipment should be used if application to the work situation. 10 Perfume/colognes, nail polish, jewelry and cosmetics should be used with appropriate taste. Hair should be clean, combed and neatly trimmed or arranged. Shaggy, unkempt hair is not permissible regardless of length. Sideburns, mustaches, and beards should be neatly trimmed or arranged. Eccentric styles of facial hair are not permitted. Tattoos and body piercings (other than earrings) that visibly display unprofessional and/or offensive images, symbols or language are prohibited. Unprofessional and/or offensive content includes, but is not limited to: o Nudity. o Sexually explicit imagery/language. o Violence. o Profanity. o Discriminatory or harassing themes towards a protected class (race, color, religion, sex, age, national origin, sexual orientation, gender identity or disability). If there is a complaint filed by an employee or a member of the public, the complaint must be investigated by the Human Resources Director and result in a “founded” conclusion. A “founded” conclusion is one in which it is determined that the tattoo(s) or body piercing(s) are unsafe, disruptive, offensive, or otherwise inappropriate when considering the circumstances, job duties and work environment. Specific departmental policies and procedures may be more restrictive than this policy. Department directors are responsible for enforcing this policy and for defining “appropriate” as necessary. Supervisors have the authority to ask employees to make changes (e.g., removing a jewelry item, tying hair back, or requiring employees to go home and return in proper attire). Any work time missed because of failure to comply with this policy will not be compensated, and repeated violations of this policy will be cause for disciplinary action. Any prescribed and issued uniform or approved attire must be worn in its entirety while on duty. Uniforms must be clean, pressed and neatly maintained. Uniforms may be worn only while on duty or while traveling to and from work. 4.7 HOUSEKEEPING It is important that your work area is neat and clean. We need your cooperation in meeting the City objective of making the workplace a pleasant and safe working environment. 4.8 INCLEMENT WEATHER - CITY OFFICE CLOSURES If the City Administrator announces by public broadcast that City offices are closed, then only persons designated as “essential personnel” need to report to work. Employees considered “essential personnel” will be notified by their supervisor if they are required to report to work. All leaves of absence due to inclement weather and City office closures shall be unpaid. 11 4.9 HIRING OF RELATIVES It is the policy of the City of Waukee that applicants who are relatives of regular full-time, regular part-time or part-time fire employees shall not be hired, appointed, or transferred to any position that would result in: A relative being in a supervisory or administrative position over another relative; or One relative with access to confidential information concerning actual or potential administrative/disciplinary action taken against another relative. Both relatives have access to and/or responsibility for financial transactions and/or cash handling within the same department. For the purpose of the policy, “relatives” shall mean spouses (including domestic partner, romantic partner, or cohabitant); parents; siblings or half-siblings; children; grandparents; aunts/ uncles; nieces/nephews; first cousins; or unrelated persons living together. The term relatives shall also include any step relations and/or the spouses of the above-listed individuals. Employees who become relatives after their employment with the City has commenced and who would therefore be in violation of this policy shall; (1) have the subordinate employee reassigned to another supervisor; and/or (2) transfer to different departments if an open position is available, the employee is qualified, and the approval of the department director is granted. 4.10 VEHICLE POLICY All vehicles and equipment owned by the City are for official use only and cannot be used for personal business without prior approval of management. However, you may take a vehicle during a lunch break if your destination immediately after lunch is farther from your normal workplace than the location where you eat lunch. At no time shall any person(s) be allowed in City vehicles unless for City business or City- sponsored activities without prior approval of management. The use of any tobacco products in City vehicles or equipment is prohibited. If an employee is required to operate a motor vehicle as part of his or her job duties, that employee must maintain a valid operator’s license and be insurable under the City’s liability policy as a condition of continued employment. Seatbelts are required to be worn by all City employees at all times, in personal and City-owned vehicles, while performing work for the City, as required by Iowa law. 12 4.11 NOTIFICATION OF ARRESTS AND OTHER GOVERNMENTAL ACTION Employees are expected to perform their assigned jobs, respect, and follow City policies, and obey the law. In the event that employees are arrested or receive a citation for any crime, have any criminal charges filed against them, receive notice of the disposition of any criminal charges pending against them (including, but not limited to, a conviction, a guilty plea, a plea of nolo contendere (“no contest”) or deferred judgement) or receive notice of any charges relating to operating a motor vehicle while intoxicated, they must notify the Human Resources Director. Notification to the Human Resources Director must occur within five business days of notification to the employee. Employees whose duties require possession of a commercial driver’s license and/or who regularly and frequently operate City vehicles must report all charges and citations, including traffic tickets such as speeding tickets. Other employees need not report such traffic tickets. Employees who have any contact with minor children must notify the Human Resources Director of any child abuse complaints filed against them. Employees must notify the Human Resources Director regarding the findings in any complaint against them alleging child abuse. The Human Resources Director must be notified of any complaints and findings within five business days of notification to the employee. Information relating to arrests, criminal charges and child abuse complaints will be treated as confidential and maintained as part of the employee’s personnel file. Employees who do not notify the City as required by this policy may be subject to disciplinary action up to and including termination. 4.12 OUTSIDE EMPLOYMENT You shall inform your department director of any outside employment to avoid possible conflict with your City of Waukee employment. Employees shall not engage in any off- duty employment that may result in direct conflict with their job responsibilities for the City of Waukee. 4.13 ELECTRONIC COMMUNICATION Electronic communication includes but is not limited to electronic mail (email), internet access, voicemail, audio and video conferencing, and facsimile (fax) messages. These services shall not be used to transmit any improper communications such as messages which are derogatory, defamatory, or obscene. The City reserves the right to monitor electronic communication without prior notification to employees. Additionally, employees should keep in mind that all communications using City equipment (computers, phones, tablets, etc.) are treated as open records under Iowa Code Chapter 22 and can be made available to the public for review upon request. Please refer to the Communications Policy and Open Records Policy for complete details. 13 4.14 COMMUNICATIONS/MEDIA POLICY Efficient and effective communication with the media and the public is critical to the City of Waukee’s ability to present information in a manner consistent with Waukee City Council policies and philosophy of open government. Coordination, uniformity, accuracy, and timeliness are cornerstones of strong and productive public relations. The purpose of the Communications Policy is to provide guidelines for the City of Waukee to keep the media and the public fully, fairly, and accurately informed of programs, services, events, and issues in a timely and forthright manner. All employees are to comply with the procedures and standards in this policy as it applies to media relations, internal and external communications, and social media within the City of Waukee. Please refer to the Communications Policy and Use of Social Media Policy for complete details. 4.15 VOLUNTARY RESIGNATION Although the City hopes that employment will be a mutually rewarding experience, the City understands that varying circumstances cause employees to voluntarily resign employment. In order to leave City service in good standing, an employee shall file with the employee’s supervisor, at least 14 days before separation of employment, a written resignation stating the effective date of the resignation and the reason for leaving. If an employee provides less notice than requested, the employer may deem the individual to be ineligible for rehire depending on the circumstances regarding the notice given. Unauthorized absences from work for a period of three consecutive working days may be considered as a resignation without notice. An employee who is terminated for violating policy or who resigns in lieu of termination from employment due to a policy violation will be ineligible for rehire. Employees must return all City property at the time of separation. Failure to return items may result in further action. 5.1 SAFETY It is the responsibility of every department to ensure a safe and healthy atmosphere as well as safe working conditions, tools, equipment, and work methods for all its employees. Employees are expected to comply with all safety and health requirements whether established by management or by federal, state, or local law. Employees are required, as a condition of employment, to exercise due care in the course of their work to prevent injuries to themselves and to their fellow workers. Employees have a responsibility to report any unsafe working conditions or practices to their supervisor. Employees violating recognized safety rules, procedures, or standards, or acting in such a manner as to endanger their own or another’s personal safety, shall be subject to disciplinary action, which may include an oral or written warning, suspension, or termination. 14 5.2 REQUIRED DRIVER’S LICENSES AND UNIFORMS/CLOTHING If the maintenance of a state approved license is a condition of employment established by the employer, the cost of the test, the license fee and its renewal shall be paid by the employer. “State approved license” does not include the standard driver’s license but does include a commercial driver’s license. Employees required to maintain a commercial driver’s license as a condition of employment must consent to an annual limited query of the Federal Motor Carrier Safety Administration Commercial Drivers’ License Drug and Alcohol Clearinghouse to verify current and prospective employees are not prohibited from performing safety- sensitive functions. If an employee is required to wear a uniform as a condition of employment established by the employer, the uniform shall be furnished by the employer. The employee shall wear the uniform only as authorized in the work rules. Each employee shall be responsible for the care and maintenance of these items. The employee is not responsible for fair wear and tear to the uniform. The employee is responsible for any damage caused to the uniform by deliberate act or by deliberate violation of the work rules. All uniform replacements shall be at the department director’s discretion. If an employee is required to wear a protective device as a condition of employment established by the employer, the protective device shall be furnished and maintained by the employer. The employee shall use the protective device only as authorized in the work rules. The employee is not responsible for fair wear and tear to the protective device. The employee is responsible for any damage caused to the protective device by deliberate act or by deliberate violation of the work rules. All protective device replacements shall be at the department director’s discretion. 5.3 SEXUAL HARASSMENT/HARASSMENT The City of Waukee’s policy regarding sexual harassment is as follows: Acts of sexual harassment by any employee are prohibited employment practices and are subject to disciplinary measures up to and including termination. Sexual harassment, whether verbal or physical, will not be tolerated. All members of management have the explicit responsibility and duty to take corrective action to prevent any sexual harassment of our employees. The Equal Employment Opportunity Commission defines sexual harassment as “any unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature directed at an employee by an employer or fellow employee. Such conduct is unlawful if submission to it is a condition of employment, used as a basis for making employment decisions affecting the employee, has the effect of unreasonably interfering with the employee’s work performance, or creates an intimidating, hostile or abusive work environment.” Please refer to the Sexual Harassment Policy for complete details. 15 Harassment It is the policy of the City that no employee be harassed by another employee, customer, or supervisor on the basis of race, color, religion, sex, age, national origin, sexual orientation, gender identity, disability, genetic information, status as a veteran or any other protected characteristic as established by law. Illegal or unlawful harassment, whether verbal or physical, will not be tolerated. All members of management have the explicit responsibility and duty to take corrective action to prevent any illegal or unlawful harassment of our employees. If any employee believes that he or she has been subjected to harassment, that employee should bring the matter directly to the immediate attention of the City Administrator, department director, a supervisor, or the Human Resources Director. All complaints will be investigated in a timely manner, and appropriate disciplinary action will be taken, up to and including termination. There will be no retaliation against anyone who submits a good faith harassment complaint or participates in an investigation relating to such a complaint. 5.4 DRUG AND ALCOHOL POLICY It is the policy of the City of Waukee to comply with the Drug Free Workplace Act of 1988 to ensure a drug-free workplace. The policy is intended to prohibit the unlawful possession, use, dispensation, distribution, or manufacture of controlled substances in the workplace. Violation of this policy will result in disciplinary action up to, and including, termination of employment. Depending upon the circumstances, other action, including notification of appropriate law enforcement agencies, may be taken against any violator of this policy. As a condition of employment, all employees must pass a post-offer, pre-employment drug test. Employees must comply with this policy and notify management within days of conviction for any criminal drug violation occurring during work hours or in the workplace. Failure to do so will result in immediate suspension and/or termination of employment. Any staff member arrested in connection with a criminal drug violation occurring during work hours or in the workplace will be on personal leave of absence without pay and could face termination of employment pending the outcome of any legal investigation and conviction. Please refer to the Drug and Alcohol Policy for complete details. 5.5 SMOKING AND TOBACCO POLICY In compliance with the Iowa Smoke Free Air Act (7/1/08), the City of Waukee has established a smoke-free workplace. All City buildings (leased and owned), facilities and vehicles are smoke-free. All tobacco usage, including smoking and smokeless tobacco, as well as electronic cigarettes, is prohibited in all City-owned buildings, facilities, vehicles, and equipment, and on all public grounds owned by the City except in designated areas, in accordance with the Iowa Smoke Free Air Act. The City may establish a designated smoking area at each facility. This area must be located in the building’s parking lot away from all building entrances and must not adversely impact other employees or the general public. Please contact your supervisor to identify these designated smoking areas. Employees are permitted to smoke, use tobacco, or use 16 electronic cigarettes within their personal vehicles, which are parked in a City-owned parking lot. Employees who choose to smoke, use tobacco, or use electronic cigarettes must do so in accordance with this section and may do so only during normal meal and break periods. Employees are not provided additional time away from work to smoke, use tobacco products or use electronic cigarettes. Violation of this policy may lead to disciplinary action, up to and including termination. 5.6 WORKPLACE VIOLENCE POLICY It is the policy of the City of Waukee to provide a work environment free from violence, aggression, or threatening conduct of any kind. To ensure a safe workplace and to reduce the risk of violence, all employees must review and understand all provisions of the Workplace Violence Policy. Prohibited Conduct The City of Waukee will not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities toward any employee of the City or any member of the general public. A threat of violence is any visual, verbal, or physical act that warns of or expresses an ability or intent to harm or kill; is intended to intimidate or create fear; or has the purpose of unreasonably interfering with an individual’s reasonable expectation of a peaceful, non- hostile. Although not all-inclusive, the following are examples of behaviors included in this policy: Causing physical injury to another person. Making threatening remarks in person, in writing, by telephone or other means of communication. Aggressive or hostile behaviors that create a reasonable fear of injury to another person or subjects another individual to emotional distress. Intentionally damaging City property or the property of another employee. Reporting Procedures Any potentially dangerous situations must be reported immediately to a supervisor or the Human Resources Department. All reported incidents will be investigated. Reports or incidents warranting confidentiality will be handled appropriately and information will be disclosed to others only on a need-to-know basis. Risk Reduction Measures While the City does not expect employees to be skilled at identifying potentially dangerous persons, employees are expected to exercise good judgement and to inform their supervisors or the Human Resources Department if any employee or other individual exhibits behavior that could be a sign of a potentially dangerous situation. Such behaviors may include the following: Discussion of bringing a weapon into the workplace. Displaying overt signs of extreme stress, resentment, hostility, or anger. Making threatening remarks. Sudden or significant deterioration of performance. Displaying irrational or inappropriate behavior. 17 Searches The City reserves the right to conduct searches in accordance with state law of any employee and his or her vehicle or personal effects brought into the workplace. Pursuant to this provision, the City is authorized to search an employee’s locker, desk, purse, briefcase, baggage, toolbox, lunch sack, clothing, vehicle parked on City property and any other item in which a weapon may be hidden. Additionally, the City may search a City-owned vehicle used by an employee, and a vehicle owned by an employee that is being used to conduct business on behalf of the City, regardless of whether the vehicle is located on City property at the time. Searches may be conducted by City management or local authorities. To the extent the search is requested by City management and the employee is present, the employee may refuse the search; provided however, that such refusal may result in disciplinary action, up to and including termination of employment for refusal to cooperate. The City reserves the right to conduct searches on its property or authorize searches by law enforcement on its property without the employee being present. Enforcement Threats, threatening conduct, or any other acts of aggression or violence in the workplace will not be tolerated. Any employee determined to have committed such acts or any employee who fails to report such acts committed by others shall be subject to disciplinary action up to and including termination. Non-employees engaged in violent or threatening acts toward City employees will be reported to the proper authorities and may be banned from City property. 5.7 WORKPLACE BULLYING The City of Waukee defines bullying as inappropriate behavior, either direct or indirect, whether verbal, physical or otherwise, directed by one or more persons against another or others at the place of work and/or in the course of employment which has the effect of substantially interfering with an individual’s employment, performance of duties or which causes the individual to have a reasonable fear of harm. Such behavior violates the City Code of Ethics, which clearly states that all employees will be treated with dignity and respect. The purpose of this policy is to communicate to all employees that the City will not tolerate bullying behavior. Employees found in violation of this policy will be disciplined up to and including termination. Bullying may be intentional or unintentional. Where an allegation of bullying is made, the intention of the alleged bully is relevant and will be given consideration when doling out discipline. As in sexual harassment, the effect of the behavior upon the individual is most important. The City of Waukee considers the following types of behavior examples of bullying: Verbal bullying: Slandering, ridiculing, or maligning a person or his/her family; persistent name calling that is hurtful, insulting or humiliating; using a person as the subject of jokes; abusive and offensive remarks. Physical bullying: Pushing, shoving, kicking, poking, tripping, assault, or threat of physical assault; damage to a person’s work area or property. 18 Gesture bullying: Non-verbal threatening gestures or glances that convey threatening messages. Exclusion: Socially or physically excluding or disregarding a person in work-related activities. To maintain a safe, efficient, and harmonious organization, the rules and regulations listed below have been established for municipal employees. Each of the rules and regulations has a sound background of common sense based on experience. These rules are not necessarily the only areas in which disciplinary action may be taken if conduct or instances require. These rules may be modified as changing conditions warrant. Each case shall be considered on its merits with due consideration as to the nature of the offense, the cause, the background, likelihood of repetition and the attitude of the offender. THE FOLLOWING IS A LIST OF EMPLOYEE CONDUCT THAT WILL RESULT IN DISCIPLINE TO THE EMPLOYEE UP TO AND INCLUDING TERMINATION: Theft or willful destruction of property of the City or any employee. Falsifying or supplying false information for the completion of City records. Insubordination or refusing to perform work or reasonable instructions. Possession or use of intoxicants or narcotics on City property. Intentional abuse of City’s time-keeping system, including unauthorized punching in/ out of another employee. Sleeping during working hours, apart from fire shift employees. An employee determined to be an aggressor in a fight on City premises. Conviction of a crime carrying a penitentiary sentence. Leaving work site during working hours without signing out, unless with authorized permission or performing activities related to the employee’s job. Reporting to work under the influence of intoxicants or narcotics. Disorderly conduct includes use of profane or abusive language, intimidating, threatening, or provoking fellow employees, or other acts showing lack of respect for other people and property. Deliberate defacing of bulletin boards, material thereon, walls or other properties of the City or fellow employees. Working on personal, unrelated work duties on City time. Sabotage, causing damage or destruction of tools, equipment or other property belonging to the City or fellow employees. Failure to comply with request of supervisory personnel to submit for inspection any personal packages being brought onto or out of the work site. Unauthorized altering or repairing of equipment. Soliciting, collecting, distributing, or selling on City time without authorization. Soliciting, collecting, distributing, or selling on City property without written authorization. Unauthorized operation of equipment or use of material or property of the City or fellow employees. Smoking in restricted areas including any City facility, vehicle, or equipment. Willful violation of safety and health requirements. Habitual tardiness or absences without just cause. 19 Horseplay includes running, pushing, shoving, throwing objects, playing practical jokes and otherwise disturbing fellow employees. Failure to call and notify the City of an absence prior to the start of work. Leaving workstation unnecessarily. Failure to use the employee time-keeping system in accordance with standard procedure. Failure to be at the work site at starting time or stopping before quitting time. Unauthorized parking, excess speed, or other acts of disregard for fellow employees in moving traffic on City property. Violating the City’s Code of Ethics (See Section 12). The list set out above is for the purpose of illustration only and is not intended to include all actions that will subject an employee to discipline. GRIEVANCE PROCEDURES The most important resource to the City of Waukee is its employees. As with any organization, occasionally problems arise in the workplace. To assure you that your problem will be heard, there is a problem-resolving procedure in place. If you find yourself in this situation, please bring your problem to your immediate supervisor first who will help you work through the problem. If for any reason you are not satisfied with the results, you may file a formal grievance in the following manner: Step 1 – The employee shall take up the grievance or dispute with the employee’s supervisor within five calendar days of the date of the grievance or the employee’s knowledge of its occurrence. The supervisor shall respond verbally to the employee within five calendar days. Step 2 – If there is no response from the supervisor or the grievance has not been settled, it shall be presented in writing by the employee to the department director within five calendar days of the supervisor’s response to step 1. The department director shall respond in writing to the employee within five calendar days. Step 3 – If there is no response from the department director or the grievance has not been settled, it shall be presented in writing by the employee to the City Administrator within five calendar days after the department director’s response. The City Administrator or designee will meet with the aggrieved employee within 30 calendar days after receipt of the grievance to discuss and attempt to resolve the grievance. Following this meeting, the written decision of the City Administrator or designee will be returned to the grievant within 10 calendar days, and the answer shall 20 6.1 CAMPAIGN ACTIVITIES Employees may participate in, or contribute to, the election or appointment of public officials. Political activity, however, must not interfere with your normal work duties. No City employee will be forced or compelled to take part in political campaigns to favor the appointment or election of candidates for any office. In accordance with Section 721.3 of the Iowa Code, candidates or committee members cannot solicit contributions or receive political support from you during work hours. 6.2 CANDIDATES FOR OFFICE If you become a candidate for any City elective office, at your request, you will automatically receive a leave of absence without pay. The leave without pay begins upon either an announcement of your candidacy or filing of a petition for office. However, this will not be later than 30 days before the primary or general election day, and it continues until you are no longer a candidate. If elected, you may be required to resign your City position. However, you may be a candidate for a non-City, non-partisan office that is not related to your employment. If this is the case, you will not be required to take the leave of absence without pay, if you do not campaign while you are on duty as an employee or let your duties interfere with your City job responsibilities. 6.3 GIFTS & IN-KIND CONTRIBUTIONS As an employee of the City of Waukee, you shall not directly or indirectly accept or receive any gift or series of gifts, with a value of more than three dollars ($3), as defined in Section 68B.22 of the Code of Iowa. This includes special discounts or offers that are not available to the general public. 6.4 CODE OF ETHICS As an employee of the City of Waukee, you shall adhere to the following Code of Ethics regarding conduct and behavior. Failure to do so can result in discipline or termination: I shall be impartial and dedicated to the best interest of the City. I shall conduct myself, both inside and outside the City’s service, so as not to cause distrust of my impartiality or of my dedication to the City’s best interests. I shall follow all applicable local and state standards for ethical conduct at all times, and I will not use my position with the City in an inappropriate manner or in a way that will result in personal or financial gain. 21 I shall affirm the dignity and worth of the services rendered by the government and maintain a constructive, creative, and practical attitude toward local government affairs and a deep sense of social responsibility as a trusted public servant. I shall be dedicated to the highest ideals of honor and integrity in all public and personal relationships in order that I may merit the respect and confidence of the elected officials, of other officials and employees, and of the public. I shall consider, first, the interests of the City in all transactions. I shall carry out the established policies of the City. I shall buy without prejudice, seeking to obtain the maximum value for each expenditure of public funds. I shall never engage in acts of corruption or bribery, nor will I condone such acts by other employees. I shall be responsible for my own standard of professional performance and will take every reasonable opportunity to enhance and improve my level of knowledge and competence. 6.5 GENERAL EMPLOYEE CONDUCT AND ETHICAL BEHAVIOR City employees are prohibited from engaging in any conduct which could violate state or local ethics laws and/or reflect unfavorably upon the City or their department. Employees must avoid any action which might result in or create the impression of using public office for private gain, giving preferential treatment to a person, or losing impartiality in conducting City business. City employees must not accept any extraneous fee for work performed on behalf of the City. A City employee may not grant or make available to any person any consideration, treatment, advantage, or favor beyond that which is granted or made available to all citizens. City employees must refrain from securing special privileges or exemptions for themselves or their relatives beyond those which would be available to all citizens. Employees must not use privileged information for their own financial advantage or to provide family, friends, and acquaintances with financial advantages or with information which could be used for financial advantage. Each employee is charged with the responsibility for ensuring that he/she releases only information that should be made available to the general public. A City employee will not use or permit the use of any publicly owned resource (property, vehicle, equipment, labor, service, or supplies [new, surplus, or obsolete]) for the personal convenience or advantage of the employee or any other person other than what is generally available to the public. Employees will not be permitted to work on personal items, including vehicles, in a City-owned building or shop area. 22 An employee is required to exercise care in the use of City property. Negligence in the care and use of City property may be grounds for suspension and/or termination. Unauthorized removal of City property from the premises or its conversion to personal use will be considered grounds for suspension and/or termination. An employee must return City issued property at the time the employee terminates employment or when the employee’s department director requires such a return. The City assumes no responsibility for loss or damage of personal property of an employee. City employees must exercise care when posting to personal websites or other social media. Any images or posts that could damage the City, department, or another employee’s reputation, or otherwise reflect unfavorably on the City or employees in their official capacity are prohibited. Please refer to the Use of Social Media Policy for complete details. 23 EMPLOYEE ACKNOWLEDGEMENT I acknowledge electronic access to or receipt of a copy of the City of Waukee Employee Handbook. I understand that the handbook has been provided to me for informational purposes only and that the City may change or withdraw any policies, procedures, or benefit programs at any time. I acknowledge that this handbook is not a contract of employment, express or implied, and that I am not guaranteed employment for any specific duration. Either the City or I may terminate my employment at any time with or without notice or cause and within the guidelines of the bargaining unit contract for union employees. I acknowledge that I have read and understand the policies and procedures in this handbook and agree to abide by them. I understand that if there is a policy or procedure, I do not understand it is my responsibility to ask my department director or Human Resources for clarification. Employee Printed Name Employee Signature Date