HomeMy WebLinkAboutRes 19-10 Approving Personnel Manual Amendments TOWN OF WESTLAKE
RESOLUTION 19-10
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS,
APPROVING AMENDMENTS TO THE TO THE TOWN OF WESTLAKE PERSONNEL
MANUAL.
WHEREAS, the Town of Westlake realizes that updates and refinements to our
standardized personnel policies and procedures are an ongoing and necessary practice; and
WHEREAS,the goal of the Town of Westlake is to provide policies and benefits that are
competitive to surrounding cities; and
WHEREAS, the Town of Westlake desires is to provide employees with a personnel
manual that reflects the goals and vision of the Town's leaders; and
WHEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW,THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE,TEXAS:
SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and
correct and are incorporated herein by reference as if copied in their entirety.
SECTION 2: That, the Westlake Town Council hereby approves the personnel policy
amendments and their inclusion into the Town of Westlake Personnel Manual, attached to this
resolution as Exhibit "A".
SECTION 3: If any portion of this resolution shall,for any reason,be declared invalid by
any court of competent jurisdiction,such invalidity shall not affect the remaining provisions hereof
and the Council hereby determines that it would have adopted this Resolution without the invalid
provision.
Resolution 19-10
Page I of 2
SECTION 4: That this Resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED ON THIS 25th DAY OF FEBRUARY,2019.
*'Zz� Ax"'t&
ATTEST: Laura Wheat, Mayor
C
Kelly EdAkds, Town Secretary
APPROVED AS TO F RM: 3�N OF W
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LA Stanton L wn Attorney
Resolution 19-10
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T H E T 0 W N O F
WESTLAKE
DISTINCTIVE BY DESIGN
Personnel Manual
Adopted 2/25/2019
Resolution 19-10
Table of Contents
Section 1-Administration and General Information................................................................................1
1.01 Nature of Employment.......................................................................................................................1
1.02 Employee Responsibility ...................................................................................................................1
1.03 Objectives and Policy Statements.....................................................................................................1
1.03.01 Policy........................................................................................................................................1
1.03.02 Guidelines................................................................................................................................2
1.03.03 Responsibility..........................................................................................................................2
1.03.04 Objectives ...............................................................................................................................2
1.03.05 Policy Changes.......................................................................................................................3
Section 2- Federal and State Employment Laws and Regulations........................................................3
2.01 Americans with Disabilities Act of 1990 (ADA)................................................................................3
2.02 Consolidated Omnibus Budget Reconciliation Act (COBRA)............................................................3
2.03 Identity Theft Policy (FACTA)...........................................................................................................3
2.04 Equal Employment Opportunity.......................................................................................................4
2.05 Fair Labor Standards Act (FLSA)....................................................................................................5
2.06 Family Medical Leave Act (FMLA).....................................................................................................5
2.07 Immigration Law Compliance...........................................................................................................6
2.08 Internal Revenue Code, Section 125 (Cafeteria Plan)......................................................................6
2.10 Whistleblower Act..............................................................................................................................8
Section 3: Application and Initial Employment........................................................................................8
3.01 Vacancies and Job Announcements...............................................................................................8
3.02 Employment Applications................................................................................................................8
3.03 Hiring Procedures..............................................................................................................................9
3.04 Probationary/introductory Periods...................................................................................................9
Section 4: Conditions of Employment....................................................................................................10
4.01 Required employment Forms........................................................................................................10
4.02 Fitness for Duty Evaluations..........................................................................................................10
4.02.01 Employment-related physicals................................................................................................10
4.02.02 Psychological Evaluations ......................................................................................................11
4.03 Hiring of Relatives (Nepotism).......................................................................................................11
4.04 Outside Employment......................................................................................................................12
4.05 Promotions.....................................................................................................................................13
Section 5: Employee Standards of Conduct..........................................................................................13
5.01 Confidentiality of Information ........................................................................................................13
5.02 Conflict of Interest..........................................................................................................................13
5.03 Dress Code.....................................................................................................................................14
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Resolution 19-10
5.04 Electronic Communications and Equipment...................................................................................14
5.04.01 Prohibited Activities...............................................................................................................15
5.04.02 Personal Use.........................................................................................................................15
5.04.03 Personal Computers and the Internal Network.....................................................................15
5.04.04 Internet..................................................................................................................................16
5.04.05 Email .......................................................................................................................................16
5.04.06 Web Browsing.........................................................................................................................16
5.04.07 Instant (or Text) Messaging....................................................................................................16
5.04.08 Telephone Voice Mail .............................................................................................................17
5.04.09 Employee Mobile Phone Policy............................................................................................17
Town-issued Mobile phones.................................................................................................17
Employee Mobile Phone Allowance .....................................................................................17
Mobile Phone Reimbursement..............................................................................................18
5.05 Employee Conduct........................................................................................................................19
5.06 Attendance and Punctuality...........................................................................................................20
5.07 Work Schedules.............................................................................................................................20
5.08 Facial Jewelry................................................................................................................................20
5.09 Fraud Policy...................................................................................................................................20
5.10 Acceptance of Gifts..........................................................................................................................24
5.11 Inclement Weather.........................................................................................................................24
5.12 Political Activity..............................................................................................................................25
5.13 Tobacco-Free Workplace..............................................................................................................26
5.14 Travel Policy...................................................................................................................................26
Event/Travel Procedures ...............................................................................................................27
5.15 Town-Issued Credit Cards.............................................................................................................31
5.16 Drug Free Work Place...................................................................................................................31
5.17 Drug and Alcohol Policy ..................................................................................................................32
5.17.01 Definitions ...............................................................................................................................32
5.17.02 Constitutional Rights of Employees........................................................................................35
5.17.03 Supervisory Training...............................................................................................................35
5.17.04 Notification of Supervisor of Authorized Drug Use .................................................................35
5.17.05 Additional Employee Responsibilities.....................................................................................35
5.17.06 Call for Special Duty ...............................................................................................................36
5.17.07 Required Drug and/or Alcohol Testing....................................................................................36
5.17.08 Testing Methods .....................................................................................................................37
5.17.09 Procedures for Administering Tests........................................................................................37
5.17.10 Drug Testing Procedures........................................................................................................38
5.17.11 Alcohol Testing Procedures....................................................................................................38
5.17.12 Medical Examination...............................................................................................................38
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Resolution 19-10
5.17.13 Post-Test Procedure...............................................................................................................38
5.17.14 Exam Results Confidentiality..................................................................................................39
5.17.15 Drug Testing Results ..............................................................................................................39
5.17.16 Alcohol Testing Results ..........................................................................................................40
5.17.17 Employee Cooperation ...........................................................................................................41
5.17.18 Operation of Vehicles and Equipment....................................................................................41
5.17.19 Searches and Inspections in the Workplace...........................................................................42
5.17.20 Employee Convictions ............................................................................................................42
5.17.21 Social Functions......................................................................................................................43
5.17.22 Off-Duty Conduct....................................................................................................................43
5.17.23 Reservation of Rights..............................................................................................................43
5.18 Part-Time Firefighter Program.......................................................................................................43
Section 6: Wage and Salary Administration...........................................................................................45
6.01 Paydays.........................................................................................................................................45
6.02 Direct Deposit................................................................................................................................45
6.03 Timekeeping ..................................................................................................................................46
6.04 Pay Corrections..............................................................................................................................46
6.05 Employment Classifications...........................................................................................................46
6.06 Compensatory Time ......................................................................................................................47
6.07 Overtime .........................................................................................................................................48
6.08 Pay Increases and title changes....................................................................................................48
6.09 Pay Increases.................................................................................................................................48
6.10 Skill /Standards rating plans...........................................................................................................48
6.11 Market Adjustments........................................................................................................................49
6.12 Payroll Deductions.........................................................................................................................49
6.13 Personnel Data Changes ..............................................................................................................49
Section 7: Employee Benefits..................................................................................................................49
7.01 Holidays.........................................................................................................................................49
7.02 Insurance Benefits (Dental, Medical, Life).....................................................................................50
7.03 Other Insurance Coverage..............................................................................................................51
7.03.01 Workers' Compensation..........................................................................................................51
7.03.02 Public Officials Liability ...........................................................................................................51
7.03.03 Automobile Liability.................................................................................................................51
7.04 Retirement.....................................................................................................................................51
7.04.01 Texas Municipal Retirement System (TMRS).........................................................................51
7.04.02 Social Security........................................................................................................................52
7.05 Payroll Deductions.........................................................................................................................52
7.06 TMRS Supplemental Death Benefit.................................................................................................53
7.07 Deferred Compensation (457 PLAN).............................................................................................53
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Resolution 19-10
7.08 Internal Revenue Code, Section 125 (Cafeteria Plan)..................................................................53
7.09 Car Allowance and Mileage Reimbursement................................................................................53
7.10 Taxable Fringe Benefits.................................................................................................................54
7.11 Use Westlake Public Facilities........................................................................................................54
7.12 Enrollment in Westlake Academy..................................................................................................54
Section 8: Leave and Absences ..............................................................................................................54
8.01 Vacation...........................................................................................................................................54
8.02 Sick Leave.......................................................................................................................................56
8.03 Community Sick Leave Bank...........................................................................................................58
8.04 Bereavement Leave ......................................................................................................................58
8.05 Military Leave.................................................................................................................................58
8.06 Personal Leave................................................................................................................................59
8.07 Witness/Jury Duty..........................................................................................................................59
8.08 Paid leave for non-exempt employees...........................................................................................60
Section 9: Corrective Action, Appeals, and Grievances.......................................................................60
9.01 Disciplinary Actions........................................................................................................................60
9.02 Acts Constituting Disciplinary Action.............................................................................................62
9.03 Employee Complaint and Grievance Policy..................................................................................62
Section 10: Performance Evaluations.....................................................................................................65
10.01 Performance Evaluations ............................................................................................................65
10.02 Purpose .......................................................................................................................................65
10.03 Pending Investigations ..................................................................................................................65
10.04 Skill/Standards rating plans...........................................................................................................65
10.05 Performance Evaluation Appeal Guidelines..................................................................................66
Section 11: Termination of Employment................................................................................................66
11.01 Employment Termination...............................................................................................................66
11.02 Health Care Coverage Continuation............................................................................................67
11.03 Exit Interviews..............................................................................................................................68
11.04 Reduction in Work Force.............................................................................................................69
11.05 Reinstatement..............................................................................................................................69
GLOSSARYOF TERMS.........................................................................................................................70
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Resolution 19-10
Section 1- Administration and General Information
1.01 Nature of Employment
This handbook provides employees with a general understanding of our personnel policies.
Employees are required to read and understand the contents of this handbook.
This handbook and policies contained herein, is not a binding employment contract; nor is it
intended to create contractual obligations of any kind.
All employment with the Town of Westlake is "at will," meaning that an individual's
employment may be terminated at any time, with or without notice, for any reason or no
reason, by either the Town or the employee. Neither the employee nor the Town of Westlake
is bound to continue the employment relationship.
The Town reserves the right to change, revise or eliminate any of the policies, procedures, or
benefits described in this handbook. This handbook replaces and supersedes all earlier Town
personnel practices, policies, and guidelines.
Any increase or decrease in employee benefits will normally occur during the annual budget
review process and be adopted by the Town Council.
1.02 Employee Responsibility_
It shall be the responsibility of each employee to read, understand, and comply with all
policies, procedures, rules, regulations, and practices, both those of the Town and those of
their respective departments. Failure to comply may result in disciplinary action up to and
including termination of employment.
1.03 Objectives and Policy Statements
1.03.01 Policy
It is the policy of the Town that the general and final authority for Personnel Administration
rests with the Town Manager, except for matters reserved to the Town Council by State law.
The issuance of these policies and procedures does not constitute a contract between the
Town and its employees for any duration of employment.
The Town Manager reserves the right to change, revise or eliminate any of the policies,
procedures or benefits outlined in this manual. Management authority includes, but is not
limited to the following:
• Discipline or discharge;
• Hiring, promotion, assignment, or transfer of employees;
• Determination of the mission, goals, and objectives of Town departments;
• Determination of the method, means, and allocation/assignment of personnel needed
to carry out the Town's mission;
• Introduction of new or improved methods or facilities and changes of such;
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• Determination of reasonable schedules of work and establishment of methods and
processes by which such work is performed;
• Requiring the performance of duties as stated and intended in the job description, with
the understanding that every duty connected with the Town's operation and
enumerated in a job description is not always specifically described; and
• Determination of position availability by: Hiring and promoting or by authorizing lateral
reassignments.
1.03.02 Guidelines
• Individual Town departments may develop policies and procedures that are consistent
with Town policies and procedures.
• Policies and procedures apply to all employees of the Town, both on and off duty
where applicable, and unless otherwise indicated, restricted by proper authority, or
prohibited by State and/or Federal law.
• Only the Town Manager or his designee through expressed delegation has the
authority to enter into any employment agreements, promises, or commitments
contrary to these policies and procedures, and all such agreements, promises, and/or
commitments entered into by the Town Manager or his designee shall not be
enforceable unless in writing and approved by the Town Council.
• Any statement in a policy and procedure found to be illegal, incorrect, and/or
inapplicable shall not affect the validity or intent of the remaining content of said policy
and procedure.
• Titles utilized shall not govern, limit, modify, or affect the scope of meaning or intent of
any provision.
1.03.03 Responsibility
• It is the responsibility of the Human Resources Department and each Department
Head to ensure that each affected employee receives a copy of the policies and
procedures upon implementation of said document at his/her initial employment
orientation.
• It is the responsibility of each Department Head and/or immediate supervisor to ensure
the policies and procedures are fairly administered and equitably enforced.
• It is the responsibility of each affected employee to read, retain, understand, and
update his/her policies and procedures when provided applicable revisions and
additions.
1.03.04 Objectives
• To promote and increase productivity, efficiency, responsiveness to the public, and
economy in Town service;
• To provide fair and equal opportunity for qualified persons to enter and progress in
Town service in a manner based upon merit and fitness as ascertained through fair
and practical personnel management methods;
• To maintain a program of recruitment, advancement, and longevity that will make
Town service an attractive career, and to encourage employees to give their best
effort to the job and to the public;
• To establish and maintain a uniform plan of evaluation and compensation based upon
the duties and responsibilities of positions in the Town;
• To establish and promote high morale among Town employees by fostering good
working relationships, providing uniform personnel policies, providing opportunities for
advancement, and consideration of employee needs and desires.
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1.03.05 Policy Changes
The Town of Westlake reserves the right to change, modify, amend, revoke or rescind all
or part of this policy in the future.
1.03.06 Individual Department Policies
It shall be the prerogative of each Department Head to develop and implement
department policies, procedures, rules, regulations, and/or practices that are separate
from or in addition to the policies, procedures, and regulations listed in the personnel
policies. However, department policies and procedures, rules and regulations shall not
be less restrictive, or inconsistent with the personnel policies of the Town. A copy of all
department policies should be on file in the Human Resources Department. All
Departmental policies must be reviewed by the Town Attorney and Town Manager in
advance prior to adoption.
SECTION 2- FEDERAL/STATE EMPLOYMENT LAWS & REGULATIONS
2.01 Americans with Disabilities Act of 1990 (ADA)
As mandated by the Americans with Disabilities Act ("ADA" or"The Act"), the Town does not
discriminate against individuals with disabilities in the areas of employment, public services,
and public accommodations. The Town does not discriminate against individuals with
"qualifying disabilities" (as defined in the Act) who are otherwise qualified to perform the
essential functions of a job, with or without reasonable accommodations. "Essential
functions," as defined in the Act, are the basic job duties an employee must be able to
perform, with or without reasonable accommodations. "Reasonable accommodations" will be
defined as any accommodation for an individual with a disability that can be made without
causing the Town "undue hardship" as defined in the Act.
2.02 Consolidated Omnibus Budget Reconciliation Act (COBRA.
On April 7, 1985 the COBRA law was enacted requiring your employer to offer employees
and their families the opportunity for temporary extension of medical benefits coverage
(called "continuation coverage") at group rates in certain instances where coverage under the
plan would otherwise end; i.e. employee's resignation, termination, or reduction in hours of
employment, death of spouse, termination of spouse's employment, or reduction in spouse's
hours of employment; divorce or legal separation, or if a spouse becomes eligible for
Medicare.
If you would like more information on COBRA, please contact Human Resources.
2.03 Identity Theft Policy (FACIA
The Town of Westlake is committed to keeping the information received from citizens and
customers safe from identity theft. This policy is designed to protect people from identity theft
and to address the requirements of state and federal law. The methods used to prevent
identity theft include ensuring that the information given to open an account with the Town is
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valid to prevent someone from using another person's identity to open an account, monitoring
already existing accounts for unusual or suspicious activity and, finally, providing for
notification of account holders in the unlikely event of unauthorized release of sensitive
information.
The purpose of this policy is to set out procedures and practices to assist Town personnel in
the prevention of identity theft and to comply with federal and state law requirements.
Eliminating identity theft involves prevention, monitoring and notification. The Town will take
measures to prevent fraudulent accounts from being opened, will monitor existing accounts
for suspicious activity, and will notify individuals if an unauthorized release of information
occurs.
According to the Fair and Accurate Credit Transactions Act ("FACTA") a municipal utility is a
creditor subject to the requirements of the law. FACTA provides for certain "Red Flags" in its
"Red Flag Rule" to assist in identifying and preventing identity theft. The Town of Westlake
Identity Theft Prevention Policy contains procedures to:
1. Identify relevant Red Flags for new and existing covered accounts and
incorporate those Red Flags into the Program;
2. Detect Red Flags that have been incorporated into the Program;
3. Respond appropriately to any Red Flags that are detected to prevent and
mitigate Identity Theft;
4. Ensure the Program is updated periodically, to reflect changes in risks to
customers or to the safety and soundness of the creditor from Identity Theft.
The Texas Local Government Code, section 205.010, provides that certain requirements of
the Business and Commerce Code apply to cities. Those requirements generally concern
notification in the event of an unauthorized breach of sensitive personal information, and
those standards are contained in the Town of Westlake Identity Theft Prevention Policy.
In compliance with federal law, employees performing certain job duties will be required to
complete a training course for the purpose of Red Flag identification and identity theft
prevention. Employees will be provided this training at the Town's expense and will be
coordinated by the Human Resources Department. In addition, all Town employees will
receive a complete copy of Town of Westlake Identity Theft Prevention Policy.
2.04 Equal Employment OpportunitX
The Town of Westlake is committed to an effective equal employment opportunity program in
which all applicants will be afforded equal opportunities to be employed and all employees will
receive fair and equitable consideration in all aspects of personnel administration.
Discrimination against any person in recruitment, examination, appointment, training,
promotion, retention, discipline, or in any other aspect of personnel administration is
prohibited because of race, color, sex, national origin, religious opinions or affiliations, age,
and/or disability. Age, sex, or physical requirements must have been demonstrated to be
bona fide occupational qualifications prior to use as selection criteria. Any employee who
feels discriminated against may file a complaint in accordance with procedures in the
employee handbook.
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2.05 Fair Labor Standards Act (FLSA)
The Fair Labor Standards Act (FLSA) established minimum wage, overtime, recordkeeping,
and child labor standards and applies to all full-time and part-time employees. As amended in
1985, FLSA provides the option for compensatory time in lieu of overtime compensation for
non-exempt employees.
Executive, administrative, and professional employees are exempt from the FLSA overtime
requirements.
The Town will comply with the FLSA, which establishes the minimum wage for non-exempt
employees.
2.06 Family Medical Leave Act (FMLA)
The Town of Westlake is required to comply with the Federal Family Medical Leave Act
(FMLA) of 1993. This section is considered a supplemental to the employee's rights under
FMLA. The Town reserves the right to designate FMLA leave as needed to any eligible
employee and to require employees to use first all available paid time off as qualifying FMLA
time toward the 12-week limit. The FMLA entitles eligible employees to take up to 12 weeks of
paid or unpaid, job-protected leave in a 12-month period based on the employee's
anniversary hire date for:
• The birth or placement of a child for adoption or foster care.
• To care for an immediate family member (spouse, child, or parent) with a serious
health condition.
• To take medical leave when the employee is unable to work because of his/her own
serious health condition.
Eligible Employees
To be eligible for FMLA, an employee must have worked for the Town for at least one year
and have completed 1,250 hours over the 12 months prior to the commencement of the leave.
The 12-month period during which an eligible employee may take up to 12 weeks of unpaid
leave will be calculated using the eligible employee's service anniversary date.
Procedure
An eligible employee who wishes to take FMLA must provide his/her supervisor with 30 days'
notice when the leave is foreseeable. At the time of the request, the employee may complete
a "Family Medical Leave Information/Request Form". Once FMLA is requested or designated
by the Town, the employee will receive an information packet containing the full policy, forms,
rights, and duties of the FMLA for both the employee and the Town.
In most cases, the eligible employee must submit medical certification to support a request for
leave. Health and dental benefits will continue during the FMLA provided the employee makes
his/her regular, monthly contributions to the plan. Failure to pay premiums may result in lapse
of coverage. Contact the Human Resources Department for specific details on continuing
benefits while on leave.
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Employees returning from FMLA within the 12-week period will be restored to their original
job, or to an equivalent job with equivalent pay and benefits.
Employees returning from a medical FMLA may be required to present medical certification of
fitness for duty. Failure to provide a medical certificate of fitness for duty may result in a denial
of job reinstatement until medical certificate release is provided.
FMLA may be taken in increments as small as one hour, and may not earn additional paid
time off while on FMLA.
Contact the Human Resources Department for the complete policy on the Family and Medical
Leave Act and for a full explanation of your rights. FMLA will always begin with paid time off
until all available paid time is used. After exhausting paid FMLA leave, non-paid FMLA leave
will continue until the conclusion of the protected 12-week time limit. Following the conclusion
of protected leave, the employer will decide whether non-FMLA leave should apply.
The medical Certification of Health Care Provider serves as a "doctor's note" to certify the
reason and expected duration of the extended medical leave in writing. All requests for
medical leaves must be accompanied by a doctor's statement verifying your total disability
and your estimated date of return to work. Further, the Town requires written medical
verification of your ability to resume work and a list of restrictions that would directly relate to
your ability to perform your job.
Non-FMLA Qualifying Leave
In certain cases, a leave of absence will not qualify as protected under FMLA. In these cases,
an employee may be granted non-paid leave without benefits under the Leave of Absence
Policy.
2.07 Immigration Law Compliance
The Town of Westlake is committed to employing only United States citizens and aliens who
are authorized to work in the United States and who comply with the Immigration Reform and
Control Act of 1986.
Each employee must properly complete, sign, and date the first section of Department of
Homeland Security Form 1-9 and provide the appropriate documentation required on section
two of the form. The documentation provided will be used to verify employment eligibility
through the federal government's E-Verify system.
Rehired employees must also complete the 1-9 form if the previous form on file is more than
three (3) years old, or if the employee is rehired after 90 days from their initial termination
date.
2.08 Internal Revenue Code, Section 125 (Cafeteria Plan
This plan is authorized under Section 125 of the Internal Revenue Code (IRC) and has been
approved and adopted by the Town Council as an employee benefit. This plan allows
employees to pay three (3) separate classes of expenses with pretax dollars: insurance
premiums, unreimbursed medical/dental expenses, and authorized child-care expenses. (For
more information refer to IRC, Section 125 in the benefits section of this handbook.)
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2.09 Sexual and Other Forms of Illegal Harassment
It is the policy of the Town of Westlake to prohibit sexual harassment in the workplace by any
person in any form.
Sexual harassment is a form of misconduct that undermines the integrity of the employment
relationship. No employee, either male or female, should be subjected to unsolicited and
unwelcome sexual overtures or conduct, either verbal, written, visual or physical. It refers to
behavior that is not welcome, that is personally offensive, that lowers morale, and that,
therefore, interferes with our work effectiveness. Sexual harassment is also a violation of
Title VII of the Civil Rights Act of 1964, and thus it is illegal for any employee to sexually
harass another.
Examples of sexual harassment include, but are not limited to the following:
Verbal
• unwelcome comments about appearance
• sexual jokes
• sexually explicit, derogatory, or otherwise offensive language
• humor and jokes about sex or gender-specific traits
• unwelcome and repeated flirtations, propositions, or advances
Non-Verbal
• suggestive or insulting sounds
• leering
• whistling
• obscene gestures
• display in the workplace of sexually-suggestive objects or pictures that
use gender-based stereotypes in a derogatory manner.
Physical
• touching
• pinching
• "brushing" the body
• coerced sexual intercourse
• other sexual contact
Written
• suggestive notes
If you believe that you have been the subject of sexual harassment of any kind, you may file a
complaint with the Town Manager or his designee. The Town Manager or designee shall
conduct a thorough investigation in a timely manner. If a thorough investigation of an alleged
incident of sexual harassment reveals that an employee has engaged in actions or conduct
constituting sexual harassment, disciplinary action will be taken, up to and including
termination.
Given the nature of this type of discrimination, false accusations of sexual harassment can
have serious effects on innocent women and men. All employees should act responsibly in
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Resolution 19-10
making such accusations. False accusations that are determined to be intentional in nature
will be investigated as sexual harassment, and it subject to the same disciplinary actions.
Employees will be required to attend a sexual harassment training session during their
introductory period of employment.
2.10 Whistleblower Act
The act states that "a state or local governmental entity may not suspend or terminate the
employment of, or take other adverse personnel action against, a public employee who in
good faith reports a violation of the law by the employing governmental entity or another
public employee to an appropriate law enforcement authority." Texas Government Code Ann.
§554.002 (Vernon 1995).
Appeal Procedures: Section §554.006 of the Texas Government Code states "A public
employee must initiate action under the grievance or appeal procedures of the employing
state or local governmental entity relating to suspension or termination of employment or
adverse personnel action before suing under this chapter."
Section 3: Application and Initial Employment
3.01 Vacancies and Job Announcements
The filling of any vacancy must be approved in advance by the Town Manager.
At the discretion of the Town Manager or department head, vacancies may be advertised
internally for the first one (1) week. If no internal candidates are selected, the position may
then be advertised in local newspapers, the Town's website, or external recruiting websites
for a minimum period of two (2) weeks.
Notices will specify job title, starting salary range, nature of the job, minimum standards, and
the deadline for application.
Internal and external candidates may, but are not required be combined into a single pool for
the interview and selection process by the interview panel.
When vacancies occur, employees who meet the minimum qualifications required will be
given priority for promotion or transfer.
3.02 Employment Applications
Persons interested in posted positions shall complete employment applications for
consideration of employment, promotion, transfer, or other such personnel actions as
prescribed by the Town of Westlake.
The application form must be completed in its entirety to the best of the applicant's ability,
signed and dated.
Supplemental pages may be required to be attached to the application form to provide added
information such as work history or photocopies of degrees, certifications, licenses, etc.
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The Department Head(s) and the Director of Human Resources shall evaluate the
applications against job requirements to identify the most qualified candidates.
Any misrepresentations, falsifications, or material omissions in any of the information or data
may result in the exclusion of the candidate from consideration for employment, or termination
if the person has been hired.
3.03 Hiring Procedures
In an effort to hire the most capable and qualified candidates, the Town of Westlake adheres
to the following procedures:
Job announcements will be 1) posted as required, 2) distributed to all Town departments, 3)
advertised in local newspaper(s), and 4) posted on the Town's website.
Any candidate for employment must fill out and sign an employment application form to be
considered for hiring. Upon completion of the application, the candidate becomes an
applicant for purposes of recordkeeping.
Upon review of submitted applications, the Director of Human Resources and Department
Head(s)will select candidates for an interview. Candidate(s) may be subject to secondary
interviews, drug screening, background checks, and verification of employment eligibility
through the federal E-Verify system.
After a candidate has been selected, the Director of Human Resources and Department
Head(s) must submit a Personnel Requisition Form to the Town Manager. No offer of
employment may be extended without Town Manager approval of the Personnel Requisition
Form.
3.04 Probationary/introductory Periods
All full-time and part-time employees work on an introductory basis for the first six (6) months
after their date of hire unless otherwise specified. The Town of Westlake uses this period to
evaluate the employee for the position. The employee or the Town may terminate the
employment relationship at will at any time, with or without cause or advance notice.
Non-certified police and fire officers work on probationary status for one year from date of
hire. Officers who are State of Texas certified (TCLOESE and/or TCFP)will normally work on
probationary status for twelve (12) months.
Employees who are demoted within the organization must complete a probationary period of
six months.
Department Heads, with the approval of the Town Manager, may extend the
probationary/introductory period up to six (6) months if they need additional time to thoroughly
evaluate the employee.
A performance review with a "passing" score at the conclusion of the required
probationary/introductory period shall move the employee to "regular" status.
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Section 4: Conditions of Employment
4.01 Required employment Forms
Employees are required to submit the following forms to the Human Resources Department
before commencing work: Forms W-4, 1-9, Direct Deposit Authorization, TMRS enrollment.
Insurance elections and Section 125 deductions must be made within the first 30 days after
commencing work.
4.02 Fitness for Duty Evaluations
4.02.01 Employment-related physicals
Certain positions exist where a certain level of fitness and physical well-being are
required to perform requisite tasks proficiently and safely. This need has been
recognized in the Department of Public Safety where pre-employment physicals have
been mandatory for full-time positions.
Medical screening of prospective employees serves several purposes:
1. Ascertains that employees meet the minimum physical requirements of jobs
for which they are hired.
2. Protects existing medical conditions that need corrections or control.
3. Identifies pre-existing medical conditions that need correction or control.
4. Procurement of a healthy, more productive work force.
A successfully completed pre-employment physical will be the final step in the hiring
process for designated positions. After interview screening has been completed, the
applicant selected will be notified of his/her tentative selection and informed that upon
successful completion of a physical examination at the Town's expense he/she will be
hired. The applicant will then obtain authorization and instructions pertaining to the
physical from the Human Resources Office. Should the results of the screening and/or
examination indicate that a health issue is to be considered, every reasonable
accommodation will be made to work with the new employee given the circumstances.
Pre-employment physical examination documentation will be maintained in the Human
Resources Office as a permanent part of the employee's personnel records.
Examination forms for disqualified applicants will be filed with their employment
applications.
For some positions, annual physicals made be required for employees in compliance
with federal, state, or local requirements. These physicals will be at no cost to the
employee.
Results of physical fitness evaluations are to be kept confidential and used only by
personnel authorized by the Town Manager. They are only advisory and shall not be the
sole basis for administrative decisions.
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4.02.02 Psychological Evaluations
Psychological evaluations may be required as part of the pre-employment screening
process or to determine fitness for duty for current employees. All psychological
evaluations will be conducted by a designated, licensed psychologist at the Town's
expense.
Pre-employment psychological evaluations are required for some positions to help
determine suitability for work and to identify any psychological trait, factor, or condition,
which may significantly interfere with an applicant's ability to carry out duties for the
position for which he/she is applying, in accordance with the current departmental rules,
regulations, and policies.
Fitness for duty psychological evaluations may be required of current employees at any
time. These evaluations are intended to provide guidance as to the employee's inability
to carry out duties due to psychological factors. The Town Manager may require a
psychological evaluation as part of an administrative action for an employee showing
behavioral signs of distress or impairment or when mental instability is reasonably
suspected.
For fitness for duty evaluations, the employee shall receive a written directive from the
Town Manager to undergo an evaluation. This order will also contain information related
to the date, time, and location of where the evaluation will be conducted. Failure by the
employee to report for an evaluation shall result in disciplinary action, up to and
including termination.
Psychological reports are to be kept confidential and used only by personnel authorized
by the Town Manager. They are only advisory and shall not be the sole basis for
administrative decisions.
4.03 Hiring of Relatives (Nepotism).
No person related within the second degree of affinity or within the third degree by
consanguinity to any elected officer of the Town, or to the Town Manager, shall be
appointed any office, position, or clerkship, or other service of the Town. Relatives of all
other persons employed by the Town of Westlake may not be hired if the relative is
within the second degree of affinity or within the second degree of consanguinity. This
policy applies to all Town departments, and may not be circumvented in cases where a
relative would not be supervised by the existing Town employee.
In the event that two employees enter into a marital relationship, one employee will be
required to resign their employment with the Town within thirty (30) days.
Present or future employees may not be promoted nor transferred to a position that
would be in violation of this policy.
For the purposes of this policy, a relative is defined to include:
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First degree affinity— spouse, spouse's mother, father, brother, sister, son,
daughter;
Second degree affinity—spouse's aunt, uncle, niece, nephew, grandmother,
grandfather, granddaughter, grandson, first cousins;
First degree of consanguinity— employee's mother, father, daughter, son,
sister, brother;
Second degree of consanguinity— employee's aunt, uncle, niece, nephew,
grandmother, grandfather, granddaughter, grandson, first cousins;
Third degree of consanguinity— employee's great aunt, great uncle, great
niece, great nephew, great grandmother, great grandfather, great granddaughter,
great grandson, second cousins.
Exemptions to this policy may be made in writing by the Town Manager on a
case-by-case basis.
4.04 Outside Employ
Employees may hold a job outside the Town of Westlake if they satisfactorily perform their job
responsibilities with the Town within the prescribed hours of service required for their
employment. Employees should give due consideration to the impact that outside
employment may have on their health and physical endurance.
All employees will be subject to the Town's scheduling demands. Special requests or
consideration brought about by outside employment will be secondary to meeting the Town's
needs.
If an employee's outside work hinders the performance or ability to meet the Town's
requirements as they change with time, the employee may have to make a choice of which
job with which to continue employment.
Outside employment that presents an actual or potential adverse impact on the Town will be
construed as a conflict of interest.
Employees who have attained certain professional or technical expertise may do consulting
work outside of this jurisdiction or perform work for agencies whose business dealings would
not create a conflict with this jurisdiction.
Any employee on paid leave using sick pay, who then performs outside work for
compensation within twenty-four (24) hours, shall be deemed to conflict with this policy and be
subject to the loss of the paid leave time (in accordance with the Fair Labor Standards Act
regarding the docking of pay for exempt employees) and subject to appropriate disciplinary
action.
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4.05 Promotions
A promotion is the assignment of a current employee through the selection process to a
vacant position in which the classification or grade has a higher maximum salary.
The date of promotion will become the employee's new annual review date.
The temporary promotion of a qualified employee may be authorized by the appropriate
Department Head for a period of time not to exceed ninety (90) days.
If circumstances so warrant, a temporary promotion may be extended an additional ninety
(90) days with the endorsement of the Town Manager.
Temporary promotions shall not be used to circumvent normal selection procedures.
Section 5: Employee Standards of Conduct
5.01 Confidentiality of Information
During the course of employment with the Town of Westlake, employees may have access to
personal information about current and former employees, Town citizens, businesses, job
applicants, persons applying for permits or processed through the Courts, addresses,
telephone numbers, and other information that is to be considered confidential. No
information related to Town business or other employees should be divulged to anyone,
including media, without approval of the Town Manager and Town Attorney to ensure
compliance with the Texas Open Records Act, or other applicable laws.
Requests for employee information, job references, job questionnaires, etc. must be referred
to the Human Resources Department.
5.02 Conflict of Interest
It is the policy of the Town of Westlake that employees shall faithfully execute their duties and
shall refrain from knowingly engaging in any outside matters of interest incompatible with the
impartial, objective, and effective performance of their duties. They shall not realize personal
gain in any form that would improperly influence their Town duties and responsibilities.
Employees shall not use Town of Westlake property, funds, or position for personal or political
gain. Violation of this policy may result in disciplinary action up to and including termination.
Employees shall not use any vehicle, equipment, tools, facility, supply or any other Town-
owned property for their own use outside of the course and/or scope of their employment or
position.
Employees shall not allow friends, relatives, or acquaintances to use Town of Westlake
property unless the Town property is normally available for use by the public. Nor shall
employees store Town owned property on private property without the Town Manager's
written approval.
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5.03 Dress Code
The Town of Westlake is a public "service" organization; most employees are in constant
contact with the public, citizens, out-of-town guests, potential residents, the business and
professional community, etc. Employees are expected to dress in a manner that is
appropriate to a business environment and their specific positions that will represent pride in
the Town of Westlake and the citizens they serve. In accordance with department/division
standards, or work environment, employees shall maintain a neat, clean, pressed and well-
groomed appearance, including clothing that fits properly.
Certain departments may be required to wear a specific uniform. Uniforms will be provided to
Fire/EMS personnel and the Marshal's Office. Public Works and Maintenance personnel are
permitted to wear jeans.
Office personnel are generally expected to wear business casual attire. The appropriate
dress for men is slacks/ khakis, dress pullovers, or a button down shirt. Ties are optional, but
should be worn when representing the Town at public meetings or Town functions, unless
otherwise notified. Acceptable attire for women is dress slacks/ khakis, blouses, skirts, and
pant suits. Tennis shoes or flip-flops are not acceptable unless approved in advance by the
Town Manager.
The Town observes a "Summer Casual" period each year during the warmest summer
months. The tenure of the Summer Casual period is from May 1st through September 30t".
During this timeframe, employees may select to wear more casual attire for personal comfort.
For all employees, Polo shirts and other short sleeved items may be worn with khakis or
slacks.
Office personnel will be also be permitted to participate in "casual Fridays". During casual
Fridays, office personnel will be permitted to substitute jeans for slacks/ khakis. Jeans
should be clean and free from holes, tears, or lettering, and should not compromise the
standards of a professional business environment. This policy will not affect the standards
required for shirts, pullovers, blouses, or footwear.
During the month of July, casual dress will be permitted each workday for office personnel.
The standard dress for this period of time will be the same as "casual Fridays". While casual
dress is permitted during this time, employees are expected to use discretion when attending
scheduled meetings, events, etc., and observe the Town's standard dress code.
Employees who are required to wear specific uniforms are exempted from this policy.
This policy may be revised or eliminated by the Town Manager at any time.
5.04 Electronic Communications and Equipment
This policy establishes rules governing the use of Information Technology systems and
services including Internet services, electronic communication systems, and telephone
communication systems including but not limited to e-mail, telephone, voice mail, facsimiles,
pagers, cellular phones, computer network, and computer directories and files.
Information Technology and Electronic/Telephone Communication Systems are provided by
the Town of Westlake for business use. Employees should not expect privacy with respect to
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any of their activities using these systems. The Town of Westlake reserves the right to review
any files, messages, or communications sent, received or stored on its computer, telephone
and electronic systems.
The Town of Westlake's prohibition against sexual, racial, and other forms of harassment is
extended to include the use of electronic and telecommunications systems. Offensive,
harassing, vulgar, obscene, or threatening communications are strictly prohibited, as are
sexually oriented messages or images.
Privileged or confidential material, such as, but not limited to attorney-client communications,
should not be exchanged haphazardly by e-mail, facsimiles, instant messaging or other
means.
Use of Information Technology must be conducted in accordance with local, state and federal
law; engaging in illegal, fraudulent, or malicious conduct is prohibited.
Violation of this policy may result in disciplinary action up to and including termination.
5.04.01 Prohibited Activities
• Engaging in illegal, fraudulent, or malicious conduct;
• Harassing individuals;
• Transmitting or storing material that is threatening, obscene, sexually explicit
or disparaging of others based on race, national origin, sex, sexual
orientation, age, disability, religious or political beliefs;
• Obtaining unauthorized access to any computer system;
• Using another individual's account or identity without explicit authorization;
• Conducting political campaigns or other prohibited activity;
• Gambling or playing a game for money or other stakes.
• Downloading of software products from Internet sites is not permitted without
prior approval of the Town Manager.
5.04.02 Personal Use
Very limited or incidental use of Internet Services for personal use is acceptable.
Such use must be infrequent. Personal use must not:
• Involve any illegal activity or any prohibited activity listed above;
• Interfere with the productivity of the employee or co-workers;
• Consume system resources bandwidth or storage capacity on an on-going
basis.
5.04.03 Personal Computers and the Internal Network
A personal computer and access to the Town's internal network is provided to the
employee for the purpose of conducting Town business and improving productivity.
The employee is expected not to disclose personal passwords to network resources
and to request a new password should he/she feel that the security of a password has
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been compromised. Passwords should only be shared with the employee's
supervisor(s) or technical support personnel.
5.04.04 Internet
The Internet is a powerful communication tool and a valuable source of information.
Internet service includes but is not limited to e-mail, file transfer protocol (FTP), web
browsing and newsgroups.
The employee should be aware that information transmitted over the Internet is
potentially insecure. Internet communication systems may accommodate the use of
passwords for security, however the reliability of such for maintaining confidentiality
cannot be guaranteed. (Employees should assume that someone other than the
intended recipient could read any and all Internet communication.)
The Town of Westlake reserves the right to filter incoming and outgoing network
communications for the purpose of securing the network, restricting access to
inappropriate content or to determine compliance with this policy.
5.04.05 Email
The Town of Westlake maintains an electronic mail system, commonly called e-mail,
to assist in conducting business and as a means to enhance the ability of employees
to communicate. All employees must be aware that the use of e-mail messages
creates a public record and is subject to public record regulations with respect to
inspection, disclosure, scheduled retention, and disposition.
The Town reserves the right to retrieve and read any message composed, sent, or
received and also reserves the right to filter email for the purpose of security and to
restrict inappropriate usage.
The employee is expected not to disclose personal passwords to network resources
and to request a new password should he/she feel that the security of a password
has been compromised. Passwords should only be shared with the employee's
supervisor(s) or technical support personnel.
5.04.06 Web Browsing
The Town of Westlake reserves the right to filter web page requests to restrict
access to inappropriate content. Requests to access content restricted by the
filtering mechanism must be approved by the Town Manager.
Employees should be aware of the potential threats in the form of"malware" or
"spyware" that can potentially compromise a personal computer or network systems,
and shall follow procedure to minimize such threats.
5.04.07 Instant (or Text) Messaging
Town business may be conducted using instant messaging on mobile phones,
whether on Town-owned phones or personal phones. Any information exchanged
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regarding Town business should be considered public record and employees are
required to adhere to the Town's record retention schedule.
5.04.08 Telephone Voice Mail
Employees issued voicemail accounts return voice mail messages promptly.
Since the voice mail system is a secured system, individuals are encouraged to
avoid using their extension or the system default as a password. Information
Technology will only provide another person's voice mail password to that person's
supervisor, manager, or department director.
5.04.09 Employee Mobile Phone Policy
Town-issued Mobile phones
Mobile telephones acquired through the Town are for official use. Personal calls,
except in extreme emergency, will not be paid for by the Town. Employees assigned
mobile phones, either on a temporary (shared) basis or full time, are responsible for
appropriate use and safekeeping.
Using a Mobile telephone while operating a motor vehicle is strongly discouraged,
employees should plan calls either before or after operating a motor vehicle.
Employee Mobile Phone Allowance
The mobile phone allowance is designed to offset the cost to the employee for using
his/her personal device for Town business. At the sole discretion of the Town
Manager, eligible employee may receive a mobile phone allowance in lieu of a
Town-issued mobile phone. If approved for a mobile phone allowance, the
employee shall enter into a Mobile Phone Allowance Agreement with the Town.
The Town will not provide technical support for personal mobile phones, except for
limited support for data communication with the Town's network for those authorized
to have the ability to do so.
Eligibility: Employees eligible for a mobile phone allowance include Department
Heads, full-time employees whose job duties regularly require emergency call back,
irregular work hours, or other job-related factors that require the employee to
routinely utilize a mobile phone to effectively perform their job duties.
To qualify for a Mobile Telephone Allowance, an employee must not also have a
Town issued phone. An eligible employee must return any Town-issued mobile
phone prior to receiving a mobile phone allowance.
Allowance Amount: The employee mobile phone allowance amount shall be $80.00
per month. No further reimbursement for mobile phone expenses (including
accessories, usage fees, or other charges) is available to employees who receive a
mobile phone allowance.
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Payroll Processing: Payments equaling one-half(50%)of the monthly mobile phone
allowance shall be included on the eligible employee's paycheck twice per month,
subject to all applicable taxes and deductions under federal and state law. This
allowance does not constitute an increase to base pay, and will not be included in the
calculation of percentage increases to base pay due to salary increases, promotions,
reclassification, etc.
Employee Responsibilities: The employee must retain an active mobile phone
contract as long as a mobile phone allowance is in place. The employee must provide
their department head with their current mobile phone number and provide immediate
notification if the number changes. Employees receiving a mobile phone allowance
are expected to carry the mobile phone on their person, both on and off duty, and
respond when called for Town business. Missed calls should be returned promptly;
no later than the following business day.
Employees receiving a mobile phone allowance are required to notify their
supervisor in advance the employee anticipates they will be inaccessible by mobile
phone.
Employees may choose the mobile service provider and plan design of their choice.
Use of the phone in any manner contrary to local, state, or federal laws will constitute
misuse, and may result in immediate termination of the mobile phone allowance.
An employee receiving a mobile phone allowance is solely responsible for replacing
his/her personal mobile phone within five (5) business days if it is stolen, lost, or
damaged. The employee must notify the Town of any lost or stolen device so the
Town may take any action against unauthorized access to Town information.
Allowance Termination: If an employee resigns, is terminated, transfers to a
different department, or no longer qualifies for the mobile services allowance
program, the allowance will be terminated. In the case of a resignation and/or
termination, an allowance termination request is not required.
If, prior to the end of the mobile services contract, either through a personal
decision, employee misconduct/misuse, or a Town decision unrelated to employee
misconduct, the employee needs to end or change the contract, the employee will
bear the costs of any fees associated with termination of the service contract.
Employees unable to purchase, maintain, carry and use an electronic
communication device and/or services for business use (e.g., due to financial
hardship) are required to notify their supervisor and the supplemental compensation
will end immediately. If the employee terminates the mobile services contract at any
point, he/she must notify their supervisor within five (5) business days to terminate
the allowance. A delay in the notification may require a corrective payroll action to
recover employer costs.
Mobile Phone Reimbursement
If a Town employee's position and/or responsibilities do not include the need for a
Town issued mobile phone, employees may request reimbursement for the actual
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expenses of business-related mobile phone calls. Reimbursement for voice or data
charges is limited to the total overage charge shown on the invoice; expenses for
minutes included in the plan will not be reimbursed. The individual should make
personal payment to the provider, and then should submit a request for
reimbursement, identifying the business purpose.
If personal use typically exceeds business use on a wireless phone, the employee
should provide his/her own phone and submit reimbursement requests for business
calls. A copy of the wireless phone bill, detailing the individual calls to be
reimbursed, must accompany the reimbursement request. Although most wireless
carriers do not include detailed phone records in their monthly statements, the
information is readily available online from most major providers. Reimbursement
documentation should identify the business purpose.
5.05 Employee Conduct
The attitude and behavior of an employee, whether in public or private, is seen as a direct
reflection of the Town of Westlake, its programs and policies. Employees should at all times
present themselves in such a manner as to promote good will and a favorable attitude of the
general public toward the Town of Westlake. The Town expects its employees to follow rules
of conduct, which will best serve the interests and safety of all citizens and employees. The
following are examples of misconduct, which may be grounds for suspension or termination,
but such actions are not limited to the infractions listed below.
• Violation of Town or departmental ordinances, rules, regulations, policies or
procedures
• Unsatisfactory performance or conduct
• Theft of, unauthorized removal of, or possession of Town property
• Falsification, unauthorized use, or disclosure of official documents, records, or
information
• Being unruly, disruptive, threatening violence, or fighting in the work place or on Town
property
• Willful disobedience of a legal directive issued by a supervisor and/or any
disrespectful, insolent, or abusive acts towards a supervisor, Department Head, Town
Manager, or member of the Town Council
• Actions that result in the waste or damage of Town equipment, property, supplies, or
resources
• Unauthorized absence from the workstation, use of telephone or mail for personal
benefit, or abuse of official authority
• Harassment of persons protected by federal law due to their sex, age, religion, race,
ethnic background, or disability status
• Conviction of a felony
• Arrest for and/or being charged with actions that bring discredit to the Town or a
profession
• Use, possession, or being under the influence of controlled substances without proper
written medical authorization; ingestion or being under the influence of an alcoholic
beverage in a
• Town vehicle, while operating Town equipment, or while on call or on standby duty;
ingestion of an alcoholic beverage during working hours or on Town property.
• Unauthorized or improper use of official authority
• Illegal, unethical, abusive, or unsafe acts
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• Failure of an employee to use available safety equipment, including seat belts, or
employee's disregard for the safety of others
• Refusal to sign a form acknowledging receipt of the Drug and Alcohol Policy, or refusal
to sign a consent form for testing and related searches and seizures
• Possession of contraband while at work or on Town property, which includes but is not
limited to drug paraphernalia, illegal or prohibited weapons, firearms, explosives,
incendiaries, stolen property, and counterfeit money
• Making false accusations or knowingly providing false information about another
employee's behavior or actions.
5.06 Attendance and Punctuality
All employees are expected to demonstrate consistent and reliable work habits with regards to
attendance and punctuality. Normal business hours for the Town of Westlake are 8:00am-
5:00pm. Fire/EMS shift hours vary and are determined by the Department Head. Employees
are expected to be punctual for the beginning of their workday and /or shift. Tardiness may
be grounds for disciplinary action.
All absences should be documented using an Employee Absence Form. Non-exempt (hourly)
employees are required to complete the form, which must be signed by their supervisor and
forwarded to the Human Resources Department for processing. Exempt employees may
submit the form directly to Human Resources without prior supervisory approval, but should
notify their supervisor in advance of any planned absence. Absences exceeding an
employee's available sick, vacation, or holiday time will result in a reduction in wages or
salary.
5.07 Work Schedules
Work schedules for employees vary throughout the organization. Staffing needs and
operational requirements may necessitate different starting and ending times, as well as
changes in the total hours that may be scheduled each workday or week. Supervisors in
each department will advise employees of their normal work schedule and such deviations or
alterations that may be necessary to accomplish the required work.
5.08 Facial Jewelry
No facial jewelry may be worn by employees while they are on-duty. Facial jewelry is defined
as jewelry that is worn on the face: nose, eyebrows, eyelids, lips, tongue, etc. This policy
does not prevent the wearing of jewelry on the ears, neck, hands, etc. while on duty unless
restricted by departmental policy or for safety reasons.
5.09 Fraud Policy
The Town of Westlake is committed to protecting its revenue, property, information and other
assets from any attempt, either by members of the public, contractors, sub-contractors,
agents, intermediaries or its own employees, to gain by deceit, financial or other benefits.
This policy sets out specific guidelines and responsibilities regarding appropriate actions that
must be followed for the investigation of fraud and other similar irregularities. This policy
applies to Council Members, all employees of the Town of Westlake, agencies and
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commissions over which the Town Council and Board of Trustees have authority to require
general policies to be followed.
Fraud and other similar irregularities include, but are not limited to:
• Forgery or alteration of checks, drafts, promissory notes and securities
• Any misappropriation of funds, securities, supplies or any other asset
• Any irregularity in the handling or reporting of money transactions
• Misappropriation of furniture, fixtures and equipment
• Seeking or accepting anything of material value from vendors, consultants or
contractors doing business with Westlake which would be considered a conflict of
interest
• Unauthorized use or misuse of Westlake property, equipment, materials or records
• Any computer related activity involving the alteration, destruction, forgery or
manipulation of data for fraudulent purposes or misappropriation of Westlake-owned
software
• Any claim for reimbursement of expenses that are not made for the exclusive benefit
of Westlake
• Any similar or related irregularity.
General Policy and Responsibilities
It is Westlake's intent to fully investigate any suspected acts of fraud,
misappropriation or other similar irregularity. An objective and impartial investigation
will be conducted regardless of the position, title, and length of service or
relationship with Westlake of any party who might be or becomes involved in or
becomes/is the subject of such investigation.
Each Department Head is responsible for instituting and maintaining a system of
internal control to provide reasonable assurance for the prevention and detection
of fraud, misappropriations and other irregularities. Management should be
familiar with the types of improprieties that might occur within their area of
responsibility and be alert for any indications of such conduct.
The Finance Director, in consultation with the Town Manager, has the primary
responsibility for the investigation of all activity as defined in this policy.
The Finance Director will notify the Town Manager of a reported allegation of
fraudulent or irregular conduct upon the commencement of the investigation to the
extent practical. Throughout the investigation, the Town Manager should be
informed of pertinent investigative findings.
In all circumstances, where there are reasonable grounds to indicate that a fraud
may have occurred, the Finance Director, subject to the advice of the Town
Manager, will contact the Keller Police Department.
Upon conclusion of the investigation, the results will be reported to the Town
Manager.
Westlake will pursue every reasonable effort, including court ordered restitution, to
obtain recovery of the Town losses from the offender, or other appropriate source(s).
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Procedures
Any employee who has knowledge of an occurrence of irregular conduct, or has
reason to suspect that a fraud has occurred, shall immediately notify the Finance
Director. If the employee has reason to believe that the Finance Director may be
involved, the employee shall immediately notify the Town Manager. If the employee
has reason to believe that the Town Manager may be involved, the employee shall
immediately notify the Finance Director, who will contact the Mayor.
The employee shall not discuss the matter with anyone other than the Finance
Director or Town Manager. Employees who knowingly make false allegations will be
subject to discipline up to and including termination.
Upon notification from an employee or Department Head of suspected fraud, or if the
Town Manager has reason to suspect that a fraud has occurred, the Town Manager
shall immediately contact the Finance Director. The Town Manager shall not attempt
to investigate the suspected fraud or to discuss the matter with anyone other than
the Town Council, Finance Director, Town Attorney, and the Keller Police
Department.
Upon notification or discovery of a suspected fraud, the Finance Director will promptly
investigate the fraud. In all circumstances where there appears to be reasonable
grounds for suspecting that a fraud has taken place, the Finance Director, in
consultation with the Town Manager, will contact the Keller Police Department.
After an initial review and a determination that the suspected fraud warrants
additional investigation, the Finance Director will notify the Town Manager of the
allegations. If necessary, the Finance Director shall coordinate the investigation with
the appropriate law enforcement officials.
Once a suspected fraud is reported, the Finance Director, in consultation with the
Town Manager, shall take immediate action to prevent the theft, alteration, or
destruction of relevant records. Such actions include, but are not necessarily limited
to, removing the records and placing them in a secure location, limiting access to the
location where the records currently exist, and preventing the individual suspected of
committing the fraud from having access to the records. The records must be
adequately secured until the Finance Director obtains the records to begin the audit
investigation.
All participants in a fraud investigation shall keep the details and results of the
investigation confidential. However, the Finance Director, in consultation with the
Town Manager and Town Attorney, may disclose particulars of the investigation with
potential witnesses if such disclosure would further the investigation.
Personnel Actions
If a suspicion of fraud is substantiated by the investigation, disciplinary action, up to
and including termination, shall be taken by the appropriate level of management.
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Disciplinary procedures shall be in conformance with the Westlake's Personnel
Policies and Procedures.
Unless exceptional circumstances exist, a person under investigation for fraud shall
be given notice in writing of the essential particulars of the allegations following the
conclusion of the audit investigation and prior to final disciplinary action being taken.
Where notice is given, the person against whom allegations are being made may
submit a written explanation to the Finance Director no later than seven calendar
days after the notice is received. This requirement is subject to any collective
agreement provisions respecting the rights of employees during disciplinary
proceedings.
Whistle-Blower Protection
Employees who report suspected fraud shall not be subjected to reprisal or
retaliation in any form. No employer or person acting on behalf of an employer shall:
• dismiss or threaten to dismiss an employee who reports fraud;
• suspend or threaten to discipline or suspend an employee who reports fraud;
• impose any penalty upon an employee; or intimidate or coerce an employee,
who reports fraud.
Media Issues
Any staff person or elected official contacted by the media with respect to an audit
investigation shall refer the media to the Town Manager. The alleged fraud or audit
investigation shall not be discussed with the media by any person other than through
the Town Manager, in consultation with the Finance Director and the Town Attorney.
The Town Manager will facilitate the release of any information to the media and
identify an appropriate Town spokesperson, if required.
Completion of Investigation
At the conclusion of the investigation, the Finance Director will document the results
in a confidential memorandum report to the Town Manager with a copy to the Town
Council. If the report concludes that the allegations are founded, the report will be
forwarded to the Keller Police Department.
The Finance Director will also be required to make recommendations to the Town
Manager, who will assist in the prevention of future similar occurrences.
Upon completion of the investigation including all legal and personnel actions, any
records, documents and other evidentiary material will be returned by the Finance
Director to the appropriate department.
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5.10 Acceptance of Gifts
It is expected that every Town of Westlake representative maintain the highest degree of
ethical standards at all times. This standard may be greatly compromised by the improper
acceptance of gifts. Even the appearance of accepting gifts can create a negative reflection
of the Town.
All Town of Westlake employees, elected officials, and authorized agents acting on behalf of
the Town shall not accept any gift that may reasonably tend to influence them in the
performance of their official duties, or to grant improper favor, service or thing of value.
Neither shall they use their official position to secure special privileges or exemptions for
themselves or others, or any special discounts or loans from any person or firm doing, or
seeking to do, business with the Town of Westlake. The meaning of gifts for purposes of this
policy includes the acceptance of items of monetary value, including entertainment, free
travel, and lodging. Gifts of nominal value may be accepted only with the approval of the
Town Manager.
Any conflict or potential conflict of interest must be disclosed immediately to the Town
Manager. Failure to do so will result in disciplinary action, up to and including termination.
5.11 Inclement Weather
During periods of bad weather, civil disorder, or natural disaster, the Town Manager may
allow employees Inclement Weather Leave. Employees unable to arrive at work shall receive
one day of pay at the employee's regular hourly rate with no loss of benefits.
If the Town Manager authorizes late arrival or early dismissal, employees shall receive their
regular rate of pay for a full day during the hours of authorized closure. Inclement weather
hours will not count as time worked under FLSA.
Time sheets for bad weather days authorized by the Town Manager shall be recorded as
follows:
Employees who do not come to work due to the bad weather should record 8W on the time
sheet.
Employees who came to work despite the bad weather should document the day worked with
his or her supervisor. The employee will then be eligible for an additional day of Personal
Leave to be taken on a date of the employee's choice. The employee will be paid for all hours
worked in addition to receiving inclement weather pay, not to exceed eight (8) hours per day
when combined. If an employee exceeds eight (8) combined hours, the excess number of
hours will be added to the employee's Personal Leave bank. Supervisor approval is required
for non-exempt employees who work during hours when closure has been authorized.
Example #1: Delayed opening at 10am, employee works from 10am —4pm
Employees will record 2 Inclement Weather hours for the delayed opening,
and 6 regular hours on their time sheet.
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Example #2: Delayed opening at 1lam, employee works from 9am — 5pm
In this example, Town Hall opened three hours late, and the employee
worked two additional hours. The employee will record 3 Inclement
Weather hours and 8 regular hours on their time sheet. Since this equals
11 hours, the employee will receive pay for eight hours worked, and three
hours will be added to their Personal Leave Bank.
Example #3: Early closure at 2 pm, employee works from 9am — 3pm
In this example, Town Hall closed three hours early, and the employee
worked one additional hour. The employee will record 3 Inclement
Weather hours and 6 regular hours on their time sheet. Since this equals
9 (nine) hours, the employee will receive pay for eight hours (6 hours
worked and two Inclement Weather hours). One hour will be added to
their Personal Leave Bank.
Example #4: Town Hall is closed, employee works from 9am — 5pm
In this example, Town Hall is closed for the entire day, and the employee
worked eight hours. The employee will record 8 Inclement Weather hours
and 8 regular hours on their timesheet. The employee will receive pay for
eight hours worked, and eight hours will be added to their Personal Leave
Bank.
If an employee attended a scheduled training class, it should be verified that the
facility was not closed on the bad weather day and the employee did attend. The
time should be recorded as actual time worked.
In the interest of safety, Department Heads may authorize later arrival or earlier
dismissal times for employees affected by certain factors (travel distance, specific
road conditions, etc.)
These guidelines do not apply to Fire/EMS personnel who work 24 hour shifts.
5.12 Political Activity
Except as may be otherwise provided by law, the following restrictions on political activity shall
apply to Town employees:
Employees shall refrain from publicly using their positions for or against any candidate for
public office in any jurisdiction.
Employees shall not circulate petitions or campaign literature on behalf of candidates for
Town elective office or be in any way concerned with soliciting or receiving any subscription,
contribution, or political service on behalf of such candidates.
Employees shall not use working hours or Town property to be in any way concerned with
soliciting or receiving any subscription, contribution, or political service, or to circulate petitions
or campaign literature on behalf of such candidates for public office in any jurisdiction.
Employees shall not in any manner contribute money, labor, time, or other valuable items to
any person for Town election purposes.
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No employee may seek or hold an appointive or elective office of public trust, partisan office in
any jurisdiction, or any other office where service would constitute a direct conflict of interest
with Town employment, with or without remuneration. If an employee decides to seek or
assume such office, he or she shall resign from Town service or shall be dismissed for failure
to do so.
While out of uniform and not on active duty, an employee may engage in a political activity
relating to a campaign for an elective office, except that the person may not solicit campaign
contributions for a candidate other than from members of an employee organization to which
that person belongs.
5.13 Tobacco-Free Workplace
The Town prohibits smoking or using any tobacco or other plant products in all municipal
buildings or facilities, or Town vehicles. Smoking or using of tobacco products is also
prohibited on the grounds of Westlake Academy.
All Town of Westlake employees are required to comply with any local ordinance(s) pertaining
to smoking or tobacco use.
5.14 Travel Policy
The job duties and responsibilities of Town representatives (employees) occasionally require
attendance at various conferences, seminars, classes, meetings, workshops, or other events
and may require travel to other areas of the metroplex, state, or country. The purpose of this
policy is to establish and maintain prudent stewardship of public funds and ensure that Town
representatives attend conferences, etc., that are necessary, relevant, and important to the
future of the Town.
The following travel guidelines are set forth to serve as a policy statement for business travel
by all representatives of the Town of Westlake. The term "Town representatives" includes the
Mayor, Town Council, appointed Board and Commission Committee Members, Volunteers,
and Town employees.
Assessing Value of Attendance
Those attending a seminar, conference, etc., should review the details of those
events to ensure that attendance would be beneficial in performance of their duties
as representatives of the Town and that funds have been budgeted.
Authorization Procedure
Mayor and Town Council Members - Upon request of Town Council members, the
Town Secretary's office will coordinate registration, reservations, travel
accommodations, etc., for all Town Council members. The Finance Director's office
should be contacted to confirm the availability of budgeted funds.
All employees and board members must prepare a Travel Authorization Form for
Town Manager approval. This form must include a detail of estimated travel
expenses.
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Board and Commission Committee Members and Volunteers -Appointed board and
commission committee members and volunteers must follow the same guidelines for
Administrative Staff and Employees. The Town Manager must approve the Travel
Authorization Form.
Processing the Travel Authorization Form
All approved Travel Authorization Forms shall be sent to the Finance Department for
processing no later than ten (10) days before funds are needed. The completed
Travel Authorization Form must be submitted with copies of the documentation
(program registration)for the event.
Event/Travel Procedures
The following guidelines and standards shall be utilized when traveling on Town
business.
A. Registration
1. Direct payment to the sponsor of the event is preferable.
2. In the event direct payment to the sponsor is impossible, an individual
attendee will be reimbursed for the actual cost of the registration and/or event
costs.
3. Full advantage should be taken of any pre-registration discounts when
possible.
4. Vouchers, invoices, advance registration forms, and/or receipts must be
submitted as payment or reimbursement justification.
B. Transportation
Transportation arrangements are based on what provides the most economic
advantage to the Town of Westlake.
Airfare - Airfare will be paid directly to the carrier, travel agency (or reimbursed),
based on coach fare, utilizing all prepaid, special, or discount fares as may be
available.
Public Carrier Fares and Car Rental
1. Public carrier fares will be reimbursed based on receipts or prevailing fares
based on the geographic area.
2. Car rental reimbursement will be reviewed upon submission and/or receipt
and prevailing rental rates paid. If necessary, other circumstances will be
evaluated in determining additional reimbursement for the rental.
3. Discounts and special rates should be utilized whenever possible.
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Personal Vehicle or Town Owned Vehicle Use
1. Employees attending events, seminars, classes, workshops, etc., in the
metroplex no matter what the duration of the class may be provided a Town
vehicle to attend, if available.
2. If no vehicle is available, employees using their own vehicle will be eligible to
receive a mileage allowance at a rate in accordance with the Internal
Revenue Service allowance. Reimbursement will be based upon actual
mileage from the employee's regular place of work to their destination, or
from home to destination whichever is less.
3. If an employee is required to attend training for an extended period of time
(longer than one work week), the place of training will become the employees
regularly assigned workplace until such training is completed. An employee
will not be eligible for mileage reimbursement in such an instance.
4. To receive mileage reimbursement, the event, seminar, class, etc. must be
required by the Town or approved as personal development related to the job
of the employee.
C. Overnight Accommodations
1. Room rental will be based on the actual cost of the room, plus tax and
parking. Direct payment or billing from the hotel is preferred.
2. Personal items such as personal telephone calls and movies are not
reimbursable. When travel time exceeds a day, one night's accommodations
enroute to the event and one night's accommodation on the return trip may
be reimbursed.
3. Receipts are required for all reimbursements.
4. Overnight accommodations should not exceed what is considered mid-range
in terms of cost and should take into account the distance from the
conference site in order to reduce transportation costs.
Meals and Incidental Expenses
Meals and incidental expenses may be either reimbursed to the employee utilizing the
guidelines under Section "A" below, or the employee may request a daily per diem.
Approval of per diem advances is required by the employee's supervisor or the Town
Manager.
Travel Advances
Travel advances are provided so that the employee is not required to use personal funds
for Town business.
1. Travel advances must be received by the Finance Department ten (10) business
days prior to the event to allow adequate time for processing.
2. Advances are not to be considered additional compensation to the traveler.
3. Unused portions of travel advances must be returned immediately upon return to
work following a trip.
Failure to do so within five days shall be reported to the Department Director.
4. A daily advance amount of$65 is permitted including travel days.
5. Advances will be denied to travelers with previous advances outstanding over 10
days and when an expense report has not been filed.
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6. Additional advance amounts for mileage are not permitted. Mileage, when
allowed, is a reimbursable expense only.
7. Allowable expenses in excess of the advance amount may be reimbursed upon
return and filing of an expense report.
A. Reimbursement Method
1. Meals will be reimbursed upon presentation of receipts when travel is outside of
the Town of Westlake for attendance at a seminar, training class, or full day
meeting.
2. Meal receipts must be itemized. Alcoholic beverages are not eligible for
reimbursement, and should be deducted from the receipt, or paid separately with
the employee's personal funds.
3. Meals will be reimbursed at a maximum of$15.00 for breakfast, $20.00 for lunch,
and $30.00 for dinner. If a meal exceeds this amount, the employee will be
required to pay the difference.
4. There is a maximum daily reimbursement of$65.00 for meals. Amounts not
used for a meal cannot be applied to another meal.
B. Per Diems
As an alternative to the Reimbursement method, employees may select the option of
a daily per diem for travel and meal expenses. Approval of per diem advances is
required by the employee's supervisor or the Town Manager.
1. Meals
The Town will pay for meals up to the GSA allowance amount when the
purchase of meals is directly attributable to the conduct of Town business.
The employee shall utilize all meals provided by the
conference/seminar/meeting.
Incidental expenses for snacks and sundry items and gratuities are included
in the GSA allowance.
Determining GSA Allowance Rate The amount of the GSA allowance is
based on the travel destination. Each travel destination has a GSA
allowance rate that is assigned to it based upon cost of living. The GSA
allowance rate for the travel destination is determined through the following
steps:
Step 1: Click on www.gsa.gov
Step 2: Click on Per Diem Rates under the e-Tools: Online Services heading.
Step 3: Click on the applicable US state for the destination Town. Choose
the applicable Meals and Incidental Expense (M&IE) rate from the table. If
the destination Town is not listed in the table, the standard rate provided in
the table should be used.
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The GSA meal and incidental allowance shall be prorated (reduced) under the
following conditions:
• Meal is provided at a conference, seminar, or social event
• Meal is provided on the airline or other mode of transportation
• Meal is eaten at home on the day of the travel before beginning the travel or
upon returning home after the travel.
The GSA allowance shall be prorated as follows for the conditions listed above:
• Breakfast- 20% of GSA allowance
• Lunch - 30% of GSA allowance
• Dinner- 50% of GSA allowance
The GSA allowance shall not be carried over from one day to the following day
during the travel.
When using the per diem method, all employees must document GSA-allowable
per diems using the Determination of Travel Allowance worksheet. The form
shall include the applicable GSA allowances percentages for meals and other
applicable expenses, and total travel costs.
Supervisors or Department Heads who have managerial oversight for employee
business expense(s) are/is expressly and ultimately responsible authorizing and
reviewing travel expenses and reimbursements.
Meals on traveling days: For the days beginning and ending travel, only those
meals within the travel window should be claimed.
• Days beginning travel:
Departure times after 10 a.m. — only lunch and dinner should
be claimed Departure times after 2 p.m. —only dinner should
be claimed.
• Days ending travel:
Arrival times before 12 p.m. —only breakfast should be claimed
Arrival times before 5 p.m. — only breakfast and lunch should be claimed
Partial Day Reimbursement
An employee who is traveling on official Town business for a continuous period of a
minimum of four hours but less than twenty-four hours, which does not involve an
overnight stay, will be reimbursed based on the per diem breakdown. No partial
meal allowance will be paid for an official business trip of less than four (4.0) hours
unless the business meeting includes a meal.
Joint Expenses
When two or more Town employees incur business expenses jointly (e.g. hotel
expenses) that will be charged to the same account, one person may pay some or
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all of the joint expenses and file the travel report covering them. The report should
mention the names of all Town employees whose expenses are included.
Non-Reimbursable Expenses
The following expenses are NOT reimbursable by the Town:
• In-room movie or game rentals
• Health clubs and spas
• Personal articles (i.e. toiletries, magazines, etc.)
• Alcoholic beverages
• Entertainment unrelated to Town business (i.e. attending a movie or play with
friends)
• Business and personal calls from hotels
• Calls to 900 numbers
• Dry cleaning or laundry
• Fines
• Costs resulting from failure to cancel transportation or hotel reservations
Submittal of Completed Expense Report
Employee must document any reimbursable expenses incurred on an Employee
Expense Report (see Appendix section). Receipts must accompany the report to
substantiate any requested reimbursement.
Expenses not previously approved by the Travel Authorization Request Form must be submitted
to the Town Manager for approval. Expense reports should be submitted to the Finance
Department within ten (10) business days of returning from travel.
5.15 Town-Issued Credit Cards
The Town of Westlake may issue credit cards to employees for official purchases of goods or
services. Employees will be required to sign a form indicating receipt of any issued card, and
cards must be returned upon termination of employment.
Use of Town-issued credit cards must follow all internal purchasing guidelines, and all
purchases must comply with all applicable state and federal purchasing laws. The Town may
implement additional internal controls for audit purposes at any time. The Town reserves the
right to require the return of any Town-issued credit card at any time.
5.16 Drug Free Work Place
The Town of Westlake is committed to providing a safe, efficient, and productive workplace for
all employees. In keeping with this commitment, employees and job applicants may be
required to provide a blood and/or urine sample to determine the use of alcohol, illegal or
controlled substances in the workplace.
Drug tests will be conducted in any of the following situations:
pre-employment - as a pre-qualification to assuming any position,
prospective employees may be required to submit to drug testing;
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promotion, transfer, or reclassification - as a prerequisite to assuming the
position, affected employees may be required to submit to drug testing;
incident - being involved in a reportable accident while operating Town
vehicles or equipment;
reasonable suspicion - as set forth in the Drug and Alcohol Policy;
employees holding sensitive jobs may be subject to random drug and alcohol
testing at the direction of the Town Manager.
The Town of Westlake recognizes that alcohol and drug abuse can be successfully treated.
Therefore, Town employees will be given the opportunity to successfully complete counseling
or rehabilitation programs to overcome addiction to drugs or alcohol in addition to or in lieu of
disciplinary action. However, employees who 1) refuse to submit to testing, 2) after a positive
substance test refuse to seek counseling or treatment, or 3) violate the Drug Free Work Place
policy two times will be dismissed from Town employment.
5.17 Drug and Alcohol Policy
While at work, each Town employee has a responsibility to the public to deliver services in a
safe, efficient, and conscientious manner. In order to perform a job in the safest manner
possible, Town employees must be able to work in a drug-free environment and themselves
to be free from the effects of alcohol and other performance-impairing substances while on
the job. Accordingly, while on the job or in a Town vehicle, the use, sale, distribution,
possession, or being under the influence of an intoxicating liquor, controlled substance, drug
not medically authorized, or any other substance which impairs job performance or poses a
hazard to the safety and welfare of the employee, the public, or other employees, is strictly
prohibited and will result in suspension or termination.
The use of illegal drugs or alcohol on the job, the misuse of legally prescribed drugs, or being
under the influence of these substances, casts serious doubt on the employee's ability to
perform his or her job functions and undermines the public confidence in the integrity of Town
personnel.
5.17.01 Definitions
Abuse of Town property is exemplified, but not limited to, the following:
Negligent or willful damage or destruction of Town equipment or property;
Waste of materials or negligent loss of tools or materials;
Improper maintenance of equipment;
Damage caused by the use of tools or equipment for purposes other than that for
which the tool or equipment was intended;
Adulterant means a masking agent that prevents the detection of drug use in a drug
testing specimen or any other substance used to tamper with the specimen.
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Alcoholic beverage means alcohol, or any beverage, containing more than one-half
of one percent alcohol by volume, which is capable of use for beverage purposes,
either alone or when diluted.
Alcohol concentration (or content) means the alcohol in a volume of breath
expressed in terms of grams of alcohol per 210 liters of breath as indicated by an
Evidential Breath Test (EBT).
Contraband means any article, the possession of which on Town premises or while
on Town business causes an employee to be in violation of a Town rule or penal
law. Contraband includes illegal drugs and open containers of alcoholic beverages,
drug paraphernalia, illegal or prohibited weapons, firearms, explosives,
incendiaries, stolen property, and counterfeit money. Nothing shall preclude the
possession of contraband for the purposes of educational instruction pursuant to the
employee's job responsibilities.
Controlled substances means any drug, substance, or immediate precursor listed
in Schedules I-V or Penalty Groups 1-4 of the Controlled Substances Act of 1988 as
it may be revised from time to time.
Drug or Illegal drug means any drug in any detectable amount that is not legally
obtainable; any drug that is legally obtainable but has not been legally obtained; any
prescribed drug not legally obtained; any prescribed drug not being used for the
prescribed purpose; any over-the-counter drug being used at a dosage level
different than recommended by the manufacturer or being used for a purpose other
than intended by the manufacturer; and any drug being used for a purpose not in
accordance with bona fide medical therapy. Examples of illegal drugs are cannabis
substances such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP),
and so-called designer drugs and look-alike drugs.
Drug Paraphernalia means equipment, a product or material that is used or
intended for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, or concealing a controlled
substance in violation of this policy or in injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance.
Medical Review Officer (MRO) means a licensed physician (doctor or doctor of
osteopathy) responsible for receiving laboratory results generated by an employer's
drug testing program who has knowledge of substance abuse disorders and has
appropriate medical training to interpret and evaluate an individual's confirmed
positive or adulterated test result together with his or her medical history and any
other relevant biomedical information.
Physician means a physician licensed by the State Board of Medical Examiners.
Proper medical authorization means a prescription or other written approval from
a physician for the use of a drug in the course of medical treatment. It must include
the name of the substance, quantity/amount to be taken, the period of authorization,
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and whether the prescribed medication may impair the employee's job performance.
This requirement also applies to refills of prescription drugs.
Refusal to submit to alcohol or drug test means that an employee:
• Refuses to sign a consent to testing form;
• Fails to provide adequate breath or urine for testing without a valid medical
explanation after he or she has received notice of the requirement for testing;
• Engages in conduct that clearly obstructs the testing process;
• Uses adulterants to prevent the detection of drug use in a drug-testing
specimen or uses any other substance to tamper with the specimen. Any
refusal to submit to testing will be treated the same as a positive controlled
substances test result.
Substance abuse is exemplified by, but not limited to, the following:
• Ingestion, inhalation, or injection of a controlled substance without proper
written medical authorization;
• Ingestion of an alcoholic beverage during working hours or on Town property
unless authorized as part of a Town-sponsored event where the employee's
ingestion is pursuant to his or her job responsibilities and where the
employee's breath alcohol content is below 0.02;
• Ingestion of an alcoholic beverage in a Town vehicle, or while operating
Town equipment, or while on call or on standby duty;
• Ingestion, inhalation, or injection of a controlled substance without proper
medical authorization, or ingestion of an alcoholic beverage during non-
working hours, which causes an employee to be unable to work in a safe and
effective manner during working hours;
• Use of prescription or over-the-counter medication in a manner for which it
was not intended.
Testinq facility means a hospital, clinic, or laboratory approved by the Town to be
used to collect body fluid or breath samples to be analyzed for specific controlled
substances or alcohol. The facility will have all the required personnel, materials,
equipment, and supervision to provide for the collection, security, temporary storage,
and transportation of the samples to the testing laboratory, or to conduct alcohol
testing.
Under the influence or Impaired is defined as abnormal behavior during working
hours or while on call or on standby duty, which results from indulging in an alcoholic
beverage, controlled substance, or drug which may limit an employee's ability to safely
and efficiently perform his or her duties or poses a threat to the safety of the employee
or others.
Working hours means from the time the employee arrives at the job site until the
time the employee leaves, including all lunch or other types of breaks.
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5.17.02 Constitutional Rights of Employees
The Town of Westlake respects the constitutional rights of its employees. All actions
taken by Town officials shall be consistent with the Constitution and laws of the
United States and the State of Texas.
5.17.03 Supervisory Training
Supervisory personnel will be provided with the training necessary to identify work-
related performance problems of employees.
5.17.04 Notification of Supervisor of Authorized Drug Use
Each employee shall report the use of medically authorized drugs or other
substances that can impair job performance to the employee's immediate supervisor
and provide proper written medical authorization to work from a physician. It is the
employee's responsibility to determine from the physician whether or not the drug
would impair employee job performance depending on the nature of the employee's
job. Failure to report the use of such drugs or other substances or failure to provide
proper evidence of medical authorization will result in disciplinary action. Any
information received from an employee under this provision will be kept confidential
except to the extent it may be shared with individuals who are in a need-to-know
position.
The Town reserves the right to have a physician of its own choice determine if the
medication produces hazardous effects at the prescribed dosage and may restrict
the employee's work activity.
5.17.05 Additional Employee Responsibilities
Employees scheduled to be on call are expected to be fit for duty upon reporting to
work. An employee scheduled to be on call and who is called out is subject to the
provisions of this policy.
Each Town employee who observes or has knowledge of another employee in an
impaired condition to perform his or her job duties or who poses a hazard to the
safety and welfare of the employee or others shall promptly report this fact to the
immediate supervisor. The employee making the observation must file a written
report to the suspected employee's supervisor within 24 hours of observing or
learning of the condition. Any employee concealing the use of or condition of being
under the influence of drugs, controlled substances, or alcohol by other employees
on the job, or failing to make such a report, will be subject to disciplinary action
including suspension or termination. The suspected employee's supervisor must
then determine whether this information, along with the supervisor's own
observations, warrant a reasonable suspicion test. The supervisor will also forward
the employee's written report immediately to the Department Head in a confidential
manner.
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If, after investigating a report of an employee's impaired condition, the supervisor
finds that the reporting employee has knowingly provided false information regarding
the suspected employee, disciplinary action may be taken against the individual who
filed the report and knowingly gave such false information.
Any employee who makes a reasonable cause observation or who may be a witness
at an accident scene shall also maintain complete confidentiality. Breach of
confidentiality relating to test results or any other related matters will subject the
employee to disciplinary action.
All supervisors and Department Heads are responsible for documenting poor
performance, for recognizing reasonable suspicion of drug or alcohol use by
employees, and for carrying out the provisions of this policy.
5.17.06 Call for Special Duty_
If an employee is called to special duty at a time when he or she is off duty and not
on standby duty, and when he or she has been consuming intoxicants, the
employee shall report this usage to the person calling the employee for special duty.
The person receiving the notification from the employee shall promptly notify the
requesting supervisor. The employee will not be required to report for special duty
until such a time that the employee is in compliance with this drug and alcohol
policy. Employees who fail to notify the caller of their condition and report to work
are subject to the provisions of this policy.
5.17.07 Required Drug and/or Alcohol Testing
When a reasonable suspicion exists that an employee is impaired or under the
influence of a controlled substance or alcohol, the employee shall be required to
undergo a controlled substance and/or alcohol test at the Town's expense. The
exam shall consist of a urine and/or breath and/or blood test, and may include a
physical examination by a physician. Reasonable suspicion includes, but is not
limited to, the following:
• Vehicle accidents in which the employee was involved during working
hours;
• Abuse of Town property;
• Personal injury suffered by the employee, injuries caused to others, or
damage to another's property;
• Employee behavior problems such as fighting, declining work
performance, being argumentative, uncooperative, or otherwise
disruptive;
• Receipt of written or oral statements by employees or others concerning
use of drugs or alcohol by employees or being under the influence;
• Possession of any drug, drug container, or drug paraphernalia, or any
open alcoholic beverage container during working hours or while on
standby duty, in a Town vehicle, or on Town property; and,
Indications of possible impairment or intoxication which include the following:
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• Slurred speech
• Disorientation
• Job impairment (inability to perform the job in a routine manner)
• Odor of alcoholic beverages
• Odor of other substances
• Unsteady gait or balance
• Glassy eyes
• Drowsiness
• Euphoria
• Mood swings
• Inattentiveness
• Excitement or confusion
• Irritability
• Aggressiveness
• Other erratic behavior
If an on-the-job accident or an accident involving Town equipment occurs and the
supervisor determines that reasonable suspicion exists to warrant testing, the
employee will be tested for both drugs and alcohol as soon as possible. The
supervisor of an employee who is seriously injured and cannot provide a breath or
urine specimen at the time of the accident will accompany the employee to the
hospital and request that the hospital perform the tests necessary to determine the
presence of controlled substances or alcohol in the employee's body at the time of
the accident. The employee will provide the necessary authorization for the Town to
obtain these reports. In a medical emergency, the first consideration will be the
health and welfare of the employee.
5.17.08 Testing Methods
The methods by which substance abuse or alcohol use will be tested may include,
but is not limited to, the following:
• urinalysis
• breath analysis
• blood screening
5.17.09 Procedures for Administering Tests
The Town Manager or designee is authorized to develop, administer, and modify
testing procedures as required.
A copy of the Town of Westlake Drug and Alcohol Policy shall be provided to the
testing facility before any tests are conducted. The testing facility shall comply with
the procedures outlined in this policy when conducting tests. The testing facility
shall contact the Town Manager whenever it believes it is necessary to amend the
testing procedures.
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A supervisor shall transport the employee to the testing facility where the employee
will be required to show positive picture identification. Consequently, employees are
required to carry their valid driver's license with them while at work.
5.17.10 Drug Testing Procedures
The employee shall complete a consent form prior to testing. If the employee does
not understand what he or she is signing, the supervisor shall explain the form to the
employee. The form authorizes the exam/test and the release of medical
information regarding the employee's medical condition and any test results. Failure
to sign a consent form will be regarded the same as a positive drug test result.
The medical facility staff member shall provide the employee with a container. A
portion of the urine place in this container shall be used for a second test in case the
employee requests a re-test of an initial positive or adulterated result. The specimen
shall be produced in a location that provides privacy.
All Fire/EMS commissioned officers shall be drug tested at the time of their annual
physicals.
5.17.11 Alcohol Testing Procedures
The employee shall complete a consent form prior to testing. If the employee does
not understand what he or she is signing, the supervisor shall explain the form to the
employee. The form authorizes the exam/test and the release of medical
information regarding the employee's medical condition and any test results. Failure
to sign a consent form will be regarded the same as a breath alcohol content equal
to or greater than 0.04.
The employee's breath alcohol content shall be analyzed using an Evidential Breath
Testing device (EBT) operated by a Breath Alcohol Technician (BAT). The test shall
be conducted in a private setting.
5.17.12 Medical Examination
If the employee is unable to provide adequate breath or urine to conduct testing, the
Town may require the individual to undergo a medical evaluation to develop
pertinent information concerning whether the individual's inability to provide a
specimen is genuine or constitutes a refusal to test. The cost of the medical exam
shall be paid by the Town and the employee will remain in a leave without pay status
while awaiting the results of the medical exam.
5.17.13 Post-Test Procedure
The supervisor who makes a determination that reasonable suspicion exists to
conduct a drug or alcohol test will prepare a written record of the observations
leading to the test within 24 hours of the observation.
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At the conclusion of the alcohol test, the supervisor will provide instructions to the
employee based on the test results and shall immediately hand-deliver the
employer's copy of the results to the Town Manager or his designee in a confidential
manner. The supervisor shall also immediately and confidentially inform his or her
Department Head of the test results.
When a drug test is conducted, the employee shall remain off-duty in a leave without
pay status pending the results of the exam and any other type of investigation the
Town may conduct. Exam results will be sent confidentially to the Human
Resources Department.
Any time a drug test is conducted or when an alcohol test produces a breath
alcohol content equal to or greater than 0.02, the supervisor shall ensure that
the employee does not drive him or herself home in either them employee's
personal vehicle or in an assigned Town vehicle.
5.17.14 Exam Results Confidentiality
The results of any drug or alcohol test shall be strictly confidential and shall not be
disclosed without the prior written approval of the employee tested unless otherwise
required by law. However, nothing in this paragraph will prohibit the lab, the MRO,
or testing facility from releasing information relevant to an employee's test results to
the designated Town official(s). Additionally, only those persons in management
directly involved in the decision-making process related to the tested employee will
obtain any drug or alcohol testing information retained by the Town. There may be
some instances where overriding public health or safety concerns may require the
release of information otherwise considered confidential. All records of the Town
shall be subject to the provisions of the Texas Open Records Act.
A copy of the results of the exam shall be supplied to the employee examined, and
the original exam results shall be maintained in a locked cabinet in the Human
Resources office for a period of at least two (2) years, after which time they may be
destroyed. The Human resources Office may, however, maintain the exam results
and any reports on individuals who have violated this policy for the purpose of
recording the number of violations.
Management and supervisory personnel who are authorized to have access to
alcohol or drug test results or medical information pertaining to this policy will
maintain complete confidentiality regarding this information.
5.17.15 Drug Testing Results
The employee shall remain off-duty in a leave without pay status until the results of
the controlled substances test are received by the Human Resources Department
and until any other investigative procedures are complete. If the results are negative
and unadulterated, no disciplinary hearing will be held and the employee will be
given back pay as though he worked as previously scheduled for this time.
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A Medical Review Officer (MRO) shall review and interpret positive and adulterated
results obtained from the lab. The MRO will examine the possible alternate medical
explanations for any positive test results or adulterated results and give the
individual testing positive or the individual with an adulterated test result an
opportunity to discuss the test results prior to making a final decision. The MRO
may verify an adulterated or positive test result to the Director of Human Resources
without having communicated with the employee if the employee expressly declines
to discuss the results of the test or if the employee has not contacted the MRO
within five (5) days after a documented confidential contact by the Director of Human
Resources instructing the employee to contact the MRO.
An employee whose urine sample has tested positive for a controlled substance or
has an adulterated test result has the option, within 72 hours of being notified by the
MRO, of having the other portion of the sample tested at another DHHS-certified
laboratory of the MRO's choice. The Town will require the employee to pay cash in
advance for the cost of shipment and analysis of the urine sample for re-testing.
The employee will remain on leave without pay status while awaiting the results of
the retest. If the remaining portion produces a negative unadulterated result, or if for
any reason the remaining portion is not available, the test is considered negative, no
sanctions will be imposed, and no disciplinary hearing will be held. Additionally, the
Town will reimburse the employee for the expense of the re-test and back wages will
be paid as though the employee worked as previously scheduled for this time
period.
Results that are positive for an illegal drug or controlled substance or are adulterated
will result in termination of the employee. Upon receipt of a positive drug test or an
adulterated test result, the Human Resources Office shall confidentially notify the
employee's supervisor and Department Head and shall schedule a disciplinary
hearing giving written notice of the date, time, and place of the hearing and a copy of
the test results to the employee tested. At the hearing, the employee shall have the
opportunity to challenge the test results or the testing procedure. If the employee is
found to be in violation of this policy, he or she will be terminated from employment.
5.17.16 Alcohol Testing Results
Employees who test below 0.02 breath alcohol concentration will be allowed to
return to duty unless the employee's departmental rules and regulations do not allow
an employee's return to duty with any level of alcohol in his or her system. A
department's rules and regulations will prevail over this policy only where they are
more restrictive than this policy. If the employee is placed on leave without pay or
terminated from employment as a result of violating departmental policy, the
employee will be provided a notice of hearing by the Director of Human Resources
and a disciplinary hearing shall be held.
Employees who test equal to 0.02 but less than 0.04 breath alcohol concentrations
will:
• be taken home under the provisions of the Post-Testing Procedure and
will not be allowed to return to duty for 24 hours after the conclusion of
the initial alcohol test;
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• be placed on leave without pay and will not be allowed to perform any
work on behalf of the Town for the 24-hour period immediately following
the alcohol test;
• be given a notice of disciplinary hearing stating the date, time, and
location of the hearing and a copy of the test results when they return to
work and are no longer under the influence of alcohol;
• be allowed to challenge the test results or the testing procedure at the
hearing;
• be required to submit to unannounced alcohol testing at least six (6)
times while on duty during the 12 months immediately following the initial
test (the employee's Department Head or designee will determine when
the unannounced tests will be conducted); and,
• be terminated if their breath alcohol concentration falls in this range twice
in any consecutive 12-month period. Further, an employee will be
terminated if his or her breath alcohol concentration falls in this range a
total of four (4) times during employment with the Town of Westlake,
regardless of any break in service.
Employees who test equal to or greater than 0.04 breath alcohol concentration will:
• be taken home under the provisions the Post-Testing Procedure;
• immediately be placed on leave without pay and will not be allowed to
perform any work on behalf of the Town;
• be provided with a notice of a disciplinary hearing stating the date, time,
and location of the hearing and a copy of the test results;
• be allowed to challenge the test results or the testing procedure at the
hearing; and,
• be terminated from employment with the Town if they are found to be in
violation of this policy.
5.17.17 Employee Cooperation
All employees are expected to cooperate in the testing process. Refusal to take a
drug or alcohol test or refusal to sign the consent form will be treated the same as a
positive controlled substances test result or a breath alcohol content equal to or
greater than 0.04. Failure to provide adequate breath or urine specimens for testing
without a valid medical explanation is also considered a refusal to submit to testing.
Any conduct that clearly obstructs the testing process, such as tampering with a
specimen or the testing procedure, including the use of adulterants, will result in
termination.
5.17.18 Operation of Vehicles and Equipment
Under no circumstances shall an employee operate motor vehicle or motorized
equipment while under the influence of drugs or alcohol, or under the influence of
medication that may affect the employee's ability to operate such equipment.
Additionally, when the supervisor has information from another employee when
reasonable suspicion exists (as defined in Section 3.04.07, Required Drug and/or
Alcohol Testing), an employee shall not be allowed to operate any motor vehicle or
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motorized equipment until the supervisor has investigated the situation and
determined if testing for drugs or alcohol is warranted. If the supervisor determines
that reasonable suspicion does not exist, the employee will be allowed to return to
his or her regular duties. If reasonable suspicion does exist, the employee will be
tested in accordance with Section 3.04.09, Procedures for Administering Tests.
5.17.19 Searches and Inspections in the Workplace
Employees and their personal property, as well as Town property and equipment,
may be searched when there is reasonable suspicion (as defined in Section 3.04.07,
Required Drug and/or Alcohol Testing) to believe that an employee is in violation of
this policy.
The Town may conduct these inspections and searches for drugs, alcohol, or
contraband on Town premises or in Town vehicles or equipment wherever located.
Searches and inspections may be initiated without prior notification and conducted
at times and locations deemed appropriate by the Town. Personal effects include,
but are not limited to, personal vehicles, baggage, lockers, desks, toolboxes, and
lunch boxes.
An employee may have the right to refuse a search; however, an employee's
consent to a search is required as a condition of employment and the employee's
refusal will result in disciplinary action up to and including termination, even for a first
refusal.
Controlled substances, drugs believed to be illegal, and/or drug paraphernalia found
on Town property will be turned over to the appropriate law enforcement agency and
full cooperation given to any subsequent investigation. Substances that are
suspected to be illegal drugs by a layman's examination will be turned over to law
enforcement authorities.
Other forms of contraband such as prohibited or illegal firearms, explosives, and
other weapons will be subject to seizure during an inspection or search. An
employee who is found to possess contraband on Town property or while on Town
business will be subject to discipline, up to and including termination.
5.17.20 Employee Convictions
Any employee convicted of a violation of a criminal drug or alcohol statute for
conduct occurring while on duty or on Town property must notify the Town of such
conviction with 24 hours of conviction.
If an employee fails to report such conviction, the employee will be subject to
disciplinary action up to and including termination for the first offense.
Convictions will result in immediate disciplinary action up to and including
termination of employment.
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5.17.21 Social Functions
Employees attending training and conferences may participate in social functions
associated with the conference or event. Employees who consume alcohol at these
functions shall not drive. Any substantiated finding of alcohol abuse will result in
disciplinary action up to and including termination of employment.
5.17.22 Off-Duty Conduct
The Town reserves the right to take disciplinary action, up to and including
termination, in the event an employee's off-duty involvement with controlled
substances and/or alcohol is damaging to the Town's reputation or business and/or
is inconsistent with the employee's job duties or when such off-duty conduct results
in impairment of the employee's performance on the job.
It is prohibited to consume alcohol while in a Town work uniform or while on duty.
5.17.23 Reservation of Rights
The Town reserves the right, to interpret, change, rescind, or depart from this policy
in part or in whole without notice. Nothing contained in this policy shall be construed
as creating or constituting a contract with any employee, whether expressed or
implied.
5.16 Part-Time Firefighter Program
The Town of Westlake helps to maintain minimum staffing requirements by qualified
personnel on a part-time basis. The primary purpose of the Program is to provide the
community with an auxiliary unit of trained, competent Firefighter/Paramedics. These
employees supplement our regular personnel and can be used in the event of an emergency
when manpower is critical. A screening process will be conducted on all applicants
selected by the Fire Chief to be considered for available positions.
Requirements
1. Must be at least 21 years of age;
2. Must be in good physical and mental health with no disabling physical condition;
3. Must possess a valid Texas driver's license;
4. Must not have a history of criminal or improper personal conduct that may affect
suitability for public safety work;
5. Must possess a United States high school diploma or G.E.D. equivalent; and
6. Must possess current firefighter and paramedic certifications;
7. United States Citizenship required or legal authorization to work in the United
States.
Hirinq Process
1. Completion of Town of Westlake Employment Application
2. Completion of Personal History Statement
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3. Review of Candidate Qualifications
4. Background Investigation
5. Department Interview
6. Certification and Appointment
Commitment
Part-time Firefighters are required to work a minimum amount of shifts, as outlined in
the Department's Standard Operating Policies. Part-time Firefighters not meeting
this requirement will be classified as inactive for an additional calendar quarter. If
inactive for more than two consecutive calendar quarters, Part-time Firefighters may
be terminated without prior notice.
Employee Benefits
Part-time Firefighters are offered only specified benefits. These include social
security match, medicare match, unemployment insurance, and workers'
compensation insurance, as required by law. Other benefits, including vacation pay,
sick leave, retirement benefits, health or disability insurance or related benefits, or
any other type of employee benefits, are not included.
Compensation
Part-time Firefighters will be compensated at a rate that will be reviewed annually
during the Town's budget process. This pay rate may be adjusted at any other time
by the Town Manager. Employees will be paid twice monthly by direct deposit in
accordance with the Fire Department's 15-day payroll cycle.
Uniforms
Part-time Firefighters will be provided with apparel which will identify them as a
Town of Westlake employee. In addition, bunker gear will be available for Part-time
Firefighters to use during emergency calls. Pants and footwear will not be provided.
Nature of Employment
Part-time Firefighters are subject to the same policies and departmental procedures
as all other employees. Details of these policies and procedures are contained in
the Town of Westlake Personnel Manual and the Westlake Fire/EMS Standard
Operating Procedures document. All Part-time Firefighters will receive a copy of the
Town of Westlake Personnel Manual, either in printed or electronic form.
It shall be the responsibility of each employee to read, understand, and comply with
all policies, procedures, rules, regulations, and practices, both those of the Town
and those of their respective departments. Failure to comply may result in
disciplinary action up to and including termination of employment.
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5.17 Breaks for Expression of Breast Milk
The Town of Westlake will make reasonable accommodations for the needs of employees
who express breast milk. A place, other than a multiple user bathroom, that is shielded from
view and free from intrusion from other employees and the public where the employee can
express breast milk will be provided.
A reasonable amount of break time will be provided when the employee has a need to
express milk. For nonexempt employees, these breaks are unpaid and are not counted as
hours worked. Employees should meet with their supervisor to discuss their needs and
arrange break times.
Section 6: Wage and Salary Administration
6.01 Paydays
The Town of Westlake will take all reasonable steps to assure that its employees' pay and
benefits, as well as vacation, sick leave, and holiday time, are accurate. It is imperative that
employees participate in this effort by examining their timesheets and signing them. Each
employee should examine their paycheck received and bring to the attention of their
immediate supervisor any discrepancies.
All regular Town employees are paid bi-weekly on every other Friday.
Fire Personnel are subject to a 15-day work cycle. Paydays fluctuate and are documented on
the Fire Payroll Calendar.
In the event a payday falls on a holiday, employees will receive their paychecks on the last
banking day preceding the regular scheduled payday.
Each paycheck will include earnings for all work performed during the previous payroll period.
Each paycheck stub itemizes earnings and deductions and provides year-to-date totals for
wages, income tax, TMRS, payroll taxes, and elective deductions.
6.02 Direct Deposit
Direct deposit is a service provided to all Town of Westlake employees to deposit net pay
directly into a financial institution (checking or savings account) of the employee's choice.
Paychecks are automatically deposited in a personal account on payday. The employee
receives a check stub detailing gross pay, taxes, deductions, and direct deposit amount. The
check stub will be sent to the employee each payday and the front of the check will read
,'void".
Any change to the status of paychecks with regard to direct deposit, such as a bank account
number, application to participate in the program, or cancellation of the direct deposit program
requires a two-week (2) written notice through the Human Resources Department (see Forms
Appendix).
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Enrollment forms are located in Human Resources. Direct deposit will cease at the time of
termination. Final check arrangements are made through HR during the "exit interview."
6.03 Timekeeping
Accurately recording time worked is the responsibility of every employee, and records should
represent actual time worked on the job performing assigned duties. Federal and state law
requires that the Town of Westlake keep accurate records of time worked in order to calculate
employee pay and benefits.
It is the immediate supervisor's responsibility to accurately document and/or verify the time his
or her subordinates begin and end their work period, each meal period, split shift and
departure from work for personal reasons.
The appropriate supervisor will review and sign the payroll time sheet before submitting to
payroll. Department Heads are required to submit all timesheets for their department to
Human Resources no later than 12:00pm on the Tuesday preceding payday. Fire/EMS shall
submit timesheets in accordance with the dates specified on the Fire/EMS payroll calendar.
Each time sheet will be signed by the employee indicating that the time recorded is correct.
Falsification of a timesheet may be punishable by disciplinary action, up to and including
termination.
6.04 Pay Corrections
The Town of Westlake takes all reasonable steps to ensure that employees are paid the
correct amount in each paycheck and that employees are paid promptly on the scheduled
payday.
If an error should occur in the amount of pay received, it is the employee's responsibility to
bring the error to the attention of their supervisor before the following paycheck is processed
by the Human Resources Department.
When underpayment is verified, it will be corrected not later than the next regular paycheck.
Overpayments will be corrected as soon as practical through a repayment schedule so
as not to place an undue burden on the employee.
6.05 Employment Classifications
It is the intent of the Town of Westlake to clarify the definitions of employment
classifications and categories so that employees understand their employment
status and benefit eligibility.
Each employee will be assigned either an exempt or non-exempt status for the
purpose of complying with federal and state wage and hour laws.
Exempt employees are excluded from specific provisions of federal and state wage
and hour laws and may be classified in pay plans as executive, technical, or exempt.
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Non-exempt employees are entitled to overtime pay at a rate of one and one-half(1
'/2) times their current hourly compensation as prescribed by federal and state wage
and hour laws and may be classified in pay plans as non-exempt or technical.
Specific employee categories are as follows:
Regular full-time employees are those who are not on temporary or
introductory/probationary status, are assigned to work a regular full-time
schedule, and are eligible to the Town's benefit package, subject to the
conditions and limitations of each program.
Regular part-time employees are regularly scheduled to work less than thirty-
two (32) hours per week and are eligible for some Town-sponsored benefits,
subject to the conditions and limitations of each program.
Introductory employees are those who are new with the Town. Length of the
introductory period is six
(6) months for all employees except certified police and fire officers whose
probation period is twelve
(12) months.
Probationary employees are those whose performance is being evaluated to
determine whether future employment in their current position with the Town is
appropriate.
Seasonal employees are those who are hired as the need arises. The duration
of seasonal employment shall be less than six (6) months and compensation will
be based on an hourly rate. No Town-sponsored benefits will be extended to
seasonal employees.
Contract employees are those who have entered into a legal agreement with the
Town to perform a specific duty or duties. The agreement will detail the rate of
compensation and duration of contract.
6.06 Compensatory Time
Non-exempt employees who work overtime hours may be eligible to receive compensatory
time rather than overtime pay. Compensatory time is earned at a rate of 1'/2 times the
number of hours worked if the employee has exceeded the overtime threshold for the
respective pay period. The option to use compensatory time off rather than overtime pay is at
the discretion of the Department Head.
If Compensatory Time is selected by the Department Head, it should be noted clearly on the
time sheet.
Employees working overtime will receive 1'/2 hours of compensatory time for every hour
worked in their Comp Bank. Unused comp time may be sold back to the Town once annually
at any time and is payable in full upon termination, regardless of cause.
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6.07 Overtime
When operating requirements or emergency situations are such that needs cannot be met
during normal working hours, employees may be given the opportunity to volunteer or may be
instructed to work overtime. Overtime compensation is paid to all non-exempt employees in
accordance with Federal and State Law.
Non-exempt employees who are called in to work hours other than what is normally
scheduled shall receive compensation of 1'/2 times the normal hourly rate. Mandatory training
programs outside normal work hours, on or offsite, are paid at an overtime rate. Elective or
non-mandatory training courses outside normal work hours may be unpaid or paid at a normal
hourly rate, at the Town Manager's discretion.
6.08 Pay Increases and title changes
It is the policy of the Town of Westlake to conduct annual salary surveys of surrounding cities.
Salary adjustments may be made in order to remain competitive.
In circumstances such as promotion or merit based adjustments separate from market
increases, the adjustment date will become the new anniversary date for future pay increases.
This policy does not apply to one-time merit payments.
Any changes to an employee's salary or job title must be approved by the Town Manager.
6.09 Pay Increases
It is the policy of the Town of Westlake to conduct annual salary surveys of surrounding cities
in accordance with the compensation plan. Salary adjustments will be made in order to
remain competitive. Merit increases are awarded at the discretion of the Town Manager.
At the Town Manager's discretion, employees may receive additional pay adjustments above
market increases. In the event that additional pay adjustments are authorized, the
authorization date will become the new anniversary date for future pay increases. This policy
does not apply to one-time merit payments.
6.10 Skill / Standards rating plans
The Human Resource Department and/or Department Heads may determine that certain
positions progress through an existing pay grade by successful demonstration of skill blocks.
Reviews will be conducted on a schedule to be determined by the Department Heads to
assess if an employee has successfully demonstrated mastery of the prescribed objectives.
Pay increases will be linked directly to the completion of prescribed objectives and overall
work performance. If an employee is deficient in one or more skill areas, he or she will not be
eligible for an increase until he has demonstrated mastery of that area.
If the employee receives an overall rating that does not meet standards, he or she will be
placed on a Performance Improvement Plan.
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6.11 Market Adjustments
The Human Resources Department will conduct a yearly market analysis. If any market
adjustment is approved, all pay ranges and steps will be adjusted accordingly on the first day
of the fiscal year in accordance with the Town's compensation policy..
6.12 Payroll Deductions
Standard payroll deductions may include Medicare, FICA, medical, dental and life insurance,
deferred compensation, TMRS, IRS Section 125 expenses, and child support.
6.13 Personnel Data Changes
It is the responsibility of each employee to notify their department of any changes in personal
data within five (5)working days from the date of change. The Town will not be responsible
for lost or misdirected communication resulting from outdated personnel information.
Information shall include, but not be limited to, change of name, home address, mailing
address if different, telephone number, person(s)to be contacted in the event of an
emergency, change in marital status and names of dependents.
Each employee must complete and sign the W-4 form to meet federal requirements when
such changes occur.
Section 7: Employee Benefits
7.01 Holidays
The Town of Westlake will grant paid time off to regular full-time and full-time
probationary/introductory employees for eleven (11) designated holidays or shifts per annum
according to the following criteria.
Regular full-time and full-time probationary/introductory employees in pay status shall be
compensated at their regular hourly rate and for the number of hours they would have worked
had it not been a holiday.
Regular full-time employees whose regular day off falls on a Town-designated holiday may
receive pay for the holiday or, subject to Department Head approval, may elect to take a paid
day off at a later time. Employees will receive holiday pay based on the number of hours they
are scheduled to work on the day they take off. Each department is responsible for
documenting saved holidays and when holidays are taken on the employee's timesheet
before submitting the timesheet to payroll for processing.
Regular full-time and regular part-time employees who are scheduled to work on a Town-
designated holiday will receive pay for the hours worked on the holiday plus holiday pay for
the number of hours they are scheduled to work. Based on department operations and
subject to Department Head approval, employees may elect to save their holiday and take a
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paid day off at a later time. Employees will receive pay for the saved holiday based on the
number of hours they are scheduled to work on the day they take off. Each department is
responsible for tracking saved holidays and when holidays are taken.
To receive holiday pay, employees must be in pay status on their scheduled workday
preceding and following the designated holiday.
If a designated holiday falls during an eligible employee's paid absence (i.e., vacation, sick
leave), holiday pay shall take precedence and the leave period shall not be extended because
of the holiday.
Fire/EMS personnel are permitted to bank unused holiday time. The maximum threshold in
an employee's holiday bank is 576 hours, equivalent to two (2) years of holiday time. Any
unused holiday time above this threshold will be forfeited on October 1St when new holiday
time is credited to the employee's bank.
In addition to a floating personal holiday, the Town shall observe eleven (11) official holidays
per year, which include the following:
Thanksgiving Day in November
Friday after Thanksgiving in November
Christmas Eve, December 24tn
Christmas Day, December 25t"
New Year's Day, January 1st
Martin Luther King, Jr. Day in January
President's Day in February
Good Friday in March/April
Memorial Day in May
Independence Day, July 4tn
Labor Day, 1st Monday of September
Personal Leave Day (floating holiday): Regular full-time, regular part-time, and
probationary/introductory employees are eligible to use their Personal Leave Day upon
commencing employment and must use it before their first anniversary date. Payment shall
be made for the Personal Leave Day upon separation, retirement, or death of the employee if
not taken during the year, providing that the employee has not been discharged as a result of
criminal or civil misconduct involving Town property, personnel, or official position. If
employment lasts less than six months, no payment will be made for the floating holiday and
will be deducted from the employee's last check if used.
7.02 Insurance Benefits (Dental. Medical. Life)
Dental, medical, and life insurance is provided by the Town of Westlake for all regular full-time
employees who work at least thirty (30) hours per week. Insurance coverage is effective the
first day of the month following the employee's first day of employment. Dependent coverage
is available to all employees. The Town of Westlake will contribute 50% toward the premiums
for dependent coverage. Should an employee elect to carry insurance on a dependent, the
employee must sign a salary reduction agreement with the Human Resources Office to
reimburse the Town for the premiums incurred. Pre-tax deductions are allowable under the
guidelines of the IRS section 125.
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The Town provides all regular full-time employees with comprehensive life insurance,
plus accidental death and long-term disability coverage, at no charge to the employee.
The policy's value is at the rate of one (1) year's annual salary of the employee.
Life insurance is effective 90 days following the employee's date of hire and is
discontinued upon termination of employment.
In the event of an employee's death, an additional life insurance benefit is paid through the
Texas Municipal Retirement System, equivalent to the total compensation received by the
employee in the last twelve months.
7.03 Other Insurance Coverage
7.03.01 Workers'Compensation
All active employees are also afforded coverage under Workers' Compensation.
This compensation will pay, on behalf of the employee, medical expenses incurred
as a result of an accident or injury while on the job and in the pursuit of that
employee's duties. In addition, this coverage also affords the employees of the
Town of Westlake weekly indemnity loss of wages or benefits as a result of the
aforementioned accident or injury as prescribed by State law. All injuries will be
immediately reported to the supervisor and statutory Workers' Compensation
procedures will be followed.
7.03.02 Public Officials Liability
The Town of Westlake provides Public Officials Liability protection for all full-time
active employees during administration of said employee's duties. This coverage
applies to any and all commissions, boards, authority, and administrative
departments operating on behalf of the Town of Westlake, which include, but are not
limited to, all duly elected and appointed officials and members of the governing
body of the Town of Westlake.
7.03.03 Automobile Liability
The Town of Westlake provides automobile liability coverage for all of its owned
vehicles. In addition, Town employees are named as additional insured persons on
this policy to afford liability protection for them as well as the Town of Westlake while
they are acting within the course and scope of their duties.
NOTE: ALL BODILY INJURY AND PROPERTY DAMAGE LOSSES WITHIN THE
TOWN OF WESTLAKE WILL BE IMMEDIATELY REPORTED TO THE TOWN
MANAGER.
7.04 Retirement
7.04.01 Texas Municipal Retirement System (TMRS)
All regular full-time and probationary employees automatically become members of
the Texas Municipal Retirement System.
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Eligible employees contribute seven (7) percent of their salaries to the retirement
fund through payroll deduction. The Town of Westlake contributes a percentage of
funds to provide the employee a 2:1 match.
The Town of Westlake has a five (5) year vesting requirement.
Participating employees do not have access to retirement funds.
Employees have the option upon termination to withdraw their contributions plus
interest.
A participant never has the option of drawing the Town's match; it may only be attained
through one of the retirement plan options after meeting age and tenure requirements.
Employees may be eligible for disability retirement benefits if the employee becomes
disabled to the extent that he or she can no longer perform the essential duties of the
position and if the disability is likely to be permanent. No minimum length of service or
age requirements is necessary to be eligible for Occupational Disability Retirement
Benefits.
7.04.02 Social Security
All Town of Westlake employees are covered under Social Security. Contributions
to the Social Security System are shared jointly by the employee and the Town.
7.05 Payroll Deductions
The Town of Westlake offers all benefit programs required by law. Eligible employees may
voluntarily authorize deductions from their paychecks to participate in approved programs
designed to benefit all employees equally.
The law requires that certain deductions be made from the employee's paycheck, including
income taxes, contribution to TMRS, Social Security, and Medicare.
Regular full-time, part-time, and probationary/introductory employees may authorize
contributions to approved programs. Eligible employees may participate in any or all of the
following programs under the Section 125 cafeteria Plan:
• dependent health insurance
• dependent dental insurance
• medical flexible spending accounts
• child care flexible spending accounts
Participation in the Section 125 Cafeteria Plan must be made during the Open Enrollment
Period and cannot be changed unless the employee experiences an IRS-qualified event.
More information regarding the Cafeteria Plan is available at the Human Resources Office.
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7.06 TMRS Supplemental Death Benefit
The Town of Westlake has chosen to offer Supplemental Death Benefits for members and
retirees. Survivors of active employees receive an additional benefit approximately equal to
the employee's annual salary. If death occurs after retirement, the Supplemental Death
program pays a lump sum of$7,500 to the employee's beneficiary.
Upon death, an employee's beneficiary or estate is guaranteed to receive at least a refund of
the remaining member deposits and interest. If the employee is vested at the time of death,
their beneficiary may also be eligible for a monthly payment.
If death occurs after retirement, the monthly payment a beneficiary receives will be based on
the retirement option that the employee has chosen.
7.07 Deferred Compensation (457 Planj
The Town of Westlake makes available to its employees a deferred compensation program
administered through the International City Manager's Association-Retirement Corporation
(ICMA-RC). Most employees may participate in this program. Maximum annual contributions
are determined on an annual basis by the Treasury Department. Employees considering this
benefit should contact the Human Resources Department for additional information.
7.08 Internal Revenue Code, Section 125 (Cafeteria Plan)
This plan is authorized under Section 125 of the Internal Revenue Code (IRC) and has been
approved and adopted by the Town Council as an employee benefit. This plan allows
employees to pay three (3) separate classes of expenses with pretax dollars: insurance
premiums, unreimbursed medical/dental expenses, and authorized child-care expenses.
With this Plan, employees may apply part of their salary, before it is taxed, to the cost of the
available Benefits that are selected. Employees must make their selection before their
effective date of participation.
The Plan Year begins on January 1 st and ends on December 31 st of each year. Employees
must enroll during the Open Enrollment period each December. New employees must
determine their participation in the Plan within 30 days of the date of hire (see Forms
Appendix).
For detailed information about the Cafeteria Plan, contact the Human Resources Office.
7.09 Car Allowance and Mileage Reimbursement
The Town of Westlake provides car allowances to reimburse employees required to use
personal vehicles extensively for Town-related business. For some employees at a manager
level and above, a car allowance may be set above the reimbursement level as a part of the
employee's total compensation package.
The use of mileage reimbursement is to reimburse employees who are required to use
personal vehicles occasionally for Town-related business. The reimbursement rate will
remain consistent with the IRS approved rate. In order to receive a mileage reimbursement,
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employees are required to document the miles driven and purpose on an expense report.
The expense report must be approved by the Department Head and forwarded to accounting
for processing. Reimbursement checks will only be issued during the normal bi-monthly
check run cycle.
7.10 Taxable Fringe Benefits
Any taxable fringe benefit (as defined by the IRS regulations) received by an employee will be
reported on the employee's annual W-2 statement each calendar year.
7.11 Use Westlake Public Facilities
Employees are encouraged to utilize the Town's public facilities for recreation and personal
fitness. Usage of the gymnasium is limited to periods of non-usage by Westlake Academy.
Any organized team sports should be coordinated though the Director of Facilities and
Recreation and will be limited to "open" hours.
7.12 Enrollment in Westlake Academv
A student whose parent or legal guardian is employed by the Town of Westlake or the
Westlake Academy will be eligible for admission on a space available basis after all students
of Westlake residents are admitted.
Continued enrollment in the Academy is contingent on employment status.
For full disclosure of admission guidelines and procedures, please reference the Westlake
Academy Admissions Policy, available in the school office.
Section 8: Leave and Absences
8.01 Vacation
Regular employees completing six (6) months of service will have one (1) week of vacation
placed in their vacation bank. This vacation is actually earned between 6 and 12 months of
service. For the convenience of the employee, this one week of vacation will be available for
the employee to use at the beginning of the eligible period.
Fire/EMS Personnel accrue three (3) shifts of vacation after completing six (6) months of
service. On the employee's first anniversary date, the employee will be given an additional
five (5) shifts of vacation.
Although earned vacation time accrues throughout the year, the full annual amount is made
available to each employee at the beginning of the year.
All employees may carry over two (2) years of accrued, earned vacation on their anniversary
date. Vacation banks may have a maximum balance of three (3) years of available vacation.
As vacation time is added to the employee's bank on their anniversary date, any unused
vacation above the maximum amount will be forfeited by the employee unless mandatory
work schedules prevent any vacation from being taken. If an employee terminates
employment having used more vacation leave than what has earned, the cost of those
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unearned leave days will be taken from the final paycheck at the employee's normal hourly
rate.
All regular part-time employees who move to regular full-time employment status shall earn
vacation accruals according to the same schedule as any other new full-time employee.
Vacation that is earned and unused upon termination is payable at the employee's regular
hourly rate.
Vacation leave will apply only for time during which the employee would ordinarily have
worked.
Employees being transferred, promoted, or demoted shall retain their current accrued
vacation and accrual rate.
Vacation leave shall not be advanced to employees, nor is it transferable between employees.
Official holidays occurring during a vacation shall not be charged to vacation leave.
All regular eligible employees shall accrue vacation leave at the following rates:
After 6 months of service 1 week
1-5 years service 2 weeks per year
Over 5 years service 3 weeks per year
Over 10 years of service 4 weeks per year
Fire/EMS Personnel shall accrue vacation leave at the following rates:
After 6 months 3 shifts
1-5 years service 5 shifts per year
Over 5 years service 7 shifts per year
Over 10 years of service 10 shifts per year
Regular employees completing six (6) months of service will have one (1) week of vacation
placed in their vacation bank. This vacation is actually earned between 6 and 12 months of
service. For the convenience of the employee, this one week of vacation will be available for
the employee to use at the beginning of the eligible period. On the employee's first
anniversary date, the employee will be given an additional two (2) weeks of vacation to use
before their second anniversary date. An employee's vacation bank may hold a maximum of
two (2) year's unused, earned vacation (carryover) in addition to one (1) year of vacation
added on the employee's anniversary date. Vacation time added on each employee's
anniversary date is actually earned throughout the year.
Fire/EMS Personnel accrue three (3) shifts of vacation after completing six (6) months of
service. On the employee's first anniversary date, the employee will be given an additional
five (5) shifts of vacation. Fire/EMS personnel may bank may hold a maximum of two (2)
year's unused, earned vacation (carryover) in addition to one (1) year of vacation added on
the employee's anniversary date. Vacation time added on each employee's anniversary date
is actually earned throughout the year. Any unused vacation above this amount will be
forfeited by the employee unless mandatory work schedules prevent any vacation from being
taken.
Although earned vacation time accrues throughout the year, the full annual amount is made
available to each employee at the beginning of the year.
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If an employee terminates employment having used more vacation leave than what has
accrued for the year, the cost of those unearned leave days will be taken from the final
paycheck at the employee's normal hourly rate.
All regular part-time employees who move to regular full-time employment status shall
earn vacation accruals according to the same schedule as any other new full-time
employee.
Vacation that is earned and unused upon termination is payable at the employee's regular
hourly rate.
8.02 Sick Leave
The Town of Westlake provides paid sick leave benefits to eligible regular full-time and regular
part-time employees for periods of temporary absence due to illness, non-job-related injury,
serious health condition, or health fitness impairment to include the birth of the employee's
child.
If unable to report to work due to illness, injury, serious health condition, or health fitness
impairment to include the birth of the employee's child, probationary, seasonal, and casual
employees must contact their supervisor before the start of each scheduled work day/shift or
as soon thereafter as practical to report the reason for their absence. However, probationary,
seasonal, and temporary employees will not receive paid sick leave benefits.
All time missed from work due to Sick Leave should be documented on an Employee
Absence Form (see Forms Appendix). The form should be approved by the Department
Head and forwarded to the Payroll Department for processing. Fire/EMS employees may
document sick time usage on the employee timesheet.
No employee is eligible to receive paid sick leave benefits until after six months of
employment, unless approved by the Town Manager.
An eligible employee may use sick leave for an injury, illness, serious health condition
sustained by the employee or by a family member who resides in the employee's household,
or for a health fitness impairment to include the birth of the employee's child. Employees may
use sick time for the direct care of family members who do not reside in the employee's
household in certain circumstances. At their discretion, supervisors may require written
substantiation of the reason(s) when sick leave is requested under this provision. Additional
documentation is not required when the requested leave is approved under the provisions of
the Family Medical Leave Act (FMLA).
All regular full-time and regular part-time employees who are unable to report to work due to
illness, non-job-related injury, serious health condition, or health fitness impairment to include
the birth of the employee's child, and who desire to receive paid sick leave benefits must
notify their supervisor before the start of each scheduled work day/shift or as soon thereafter
as practical.
A physician's statement is normally not required unless an employee is absent for more than
three (3) consecutive work days (or one 24-hour shift for Fire/EMS personnel), working an
intermittent schedule or a reduced schedule meeting FMLA criteria, or if a statement is not
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requested by the supervisor. When sick leave abuse is suspected, supervisors may require a
physician's statement for any sick leave absence. The physician's statement should indicate
the following:
• Date the medical condition began and the probable duration;
• Estimate of time the employee will be unable to perform work of any kind, or
whether it is necessary to take intermittent leave or work a reduced schedule (part-
time) and the duration of such schedules;
• If the employee is needed to care for the family member residing in the employee's
household and the duration of the leave.
Sick leave benefits are calculated on the employee's base pay rate at the time of absence and
will not include any special types of compensation.
Any employee who requests sick leave pay while performing outside work for compensation
shall be deemed to be in conflict with the intent of this benefit and the employee shall be subject
to the loss of the paid sick leave time (in accordance with the Fair Labor Standards Act
regarding the docking of pay for exempt employees) and subject to appropriate disciplinary
action.
Sick leave benefits shall not apply in incidents caused by willful misconduct, purposely self-
inflicted, while on leave without pay, absence without leave, or result of other employment.
Sick leave benefits for eligible employees shall accrue as follows:
After 6 months of service 1 week
1-5 years service 2 weeks per year
Over 5 years service 3 weeks per year
Over 10 years of service 4 weeks per year
Fire/EMS Personnel shall accrue sick leave at the following rates:
After 6 months of service 3 shifts
1-5 years service 5 shifts per year
Over 5 years service 7 shifts per year
Over 10 years of service 10 shifts per year
Maximum accrual totals shall be as follows:
Fire/EMS Personnel on 24-hour shifts 60 shifts
All other employees 60 days
During the initial probationary/introductory period, exempt employees may be subject to a pay
reduction for time not worked because sick leave accruals are not available. Reductions to
pay will only be made for full workday absences, not for absences for a portion of the
employee's regular workday. This reduction will not affect the employee's FLSA exempt
status.
Payment shall be made for accruals of unused earned sick leave upon retirement or death of
the employee. Under this policy, retirement is defined as termination initiated by the
employee who has fulfilled the age and years of service requirements under TMRS. Payment
is contingent provided the employee has completed twelve (12) months of employment with
the Town and has not been discharged as a result of criminal or civil misconduct involving
Town property, personnel, or official position. Payment of unused sick leave in other
circumstances is to be made only if approved in advance by the Town Manager.
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8.03 Community Sick Leave Bank
The purpose of the Town of Westlake Community Sick Leave Program is to provide additional
sick leave days to employees in the event of catastrophic illness, surgery, or temporary
disability due to an injury. Days may be requested only after the employee has exhausted all
accumulated sick, vacation, and personal leave as well as any comp time banked by non-
exempt employees.
Should there be a catastrophic illness or injury of the member, or of a person in the member's
immediate family (as defined in the policy), necessitating the need for additional days after all
accumulated sick leave, personal, vacation and comp time days (if applicable) have been
used, the member may submit a request for days to the Human Resources Department.
Pregnancy and maternity leave will be covered by the Bank only in the event that a
catastrophic illness or injury occurs due to complications.
The Human Resources Department will solicit the donation of sick days from other Town
employees. Days
which have been donated by will then be made available to the employee. The identities all
employees will remain confidential.
The Community Sick Leave Policy document shall govern all procedures of the program and
will be distributed to all employees upon hire. Copies of this policy are also available in the
Human Resources Department.
8.04 Bereavement Leave
The Town of Westlake may grant time off to eligible employees due to the death of an
immediate family member.
All regular full-time, part-time, and probationary/introductory employees may be granted up to
three (3) working days off with pay per occurrence and not more than twice in one calendar
year. Fire/EMS Personnel are eligible for up to one (1) shift off with pay per occurrence and
not more than twice in one calendar year.
Bereavement pay is calculated on the base pay rate at the time of the absence and does not
include any special types of compensation.
Approval of bereavement leave will occur unless there are unusual operating requirements.
An employee may request to use vacation leave for additional time off as necessary.
Immediate family shall include the employee's spouse, parents, brothers/sisters, children,
grandparents, grandchildren, brothers/sisters-in-law, sons/daughters-in-law, spouse's parents,
stepchildren, and any individual residing in the same household with the employee.
8.05 Military Leave
Leave of absence without pay will be granted to any employee who enters any branch of the
United States Armed Forces. Benefit accruals for any employee serving on active duty longer
than thirty (30) consecutive days will be calculated in accordance with applicable federal laws.
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Employees will be reinstated with full seniority to their former position or to a comparable
position if application for re-employment is made within ninety (90) calendar days of the date
of discharge or release from hospitalization following discharge. In accordance with Article
5765, Section 7 (a) VTCS, an employee engaged in authorized military training or duty will
receive pay and benefits for up to fifteen days in any one (1) calendar year.
A leave of absence for maternity reasons will be recorded and treated as any other medical
leave. Pregnant employees will be expected to work as the physician indicates that the
employee is capable of performing her job duties safely and satisfactorily. Maternity leave will
be facilitated in accordance with the guidelines of FMLA.
8.06 Personal Leave
In accordance with the guidelines set forth in this policy, the Town of Westlake may provide
unpaid personal leave to regular full-time and regular part-time employees who wish to take
time off from work duties to fulfill personal needs or obligations. The need for time off must
exceed two (2) consecutive calendar weeks, and vacation accruals, compensatory time and
personal holiday(s) pay must be exhausted prior to beginning a personal leave. If the need
for personal leave is the result of the illness of an immediate family member as defined in the
Sick Leave policy, a dependent, or due to the health fitness impairment of the employee, the
above-mentioned accruals must be exhausted in addition to sick leave hours prior to
beginning a personal leave.
Employee must submit a written request, which contains the start date and length, not to
exceed one hundred eighty (180) calendar days, to the Town Manager.
Requests for personal leave will be evaluated on a number of factors, which include
operational requirements and staffing considerations during the proposed period of absence.
An extension not to exceed one-hundred eighty (180) calendar days may be authorized by the
Town Manager.
8.07 Witness./jury Duty
Employees of the Town of Westlake will normally be granted paid time off for travel and jury
duty or court testimony on behalf of the Town of Westlake.
Employees will be paid their base rate while on court duty.
Employees may use vacation or compensatory time to receive compensation for any portion
of the absence that would otherwise be unpaid, such as personal business or interest. If the
employee is serving as a witness for a job-related event, he or she will receive paid time off
for the entire period of witness duty.
The subpoena will be shown to the employee's supervisor immediately after it is received so
that operating and schedule adjustments can be made to accommodate the absence.
Employees will report back to work whenever the court schedule permits.
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8.08 Paid leave for non-exempt employees
Paid leave time for non-exempt(hourly)employees is designed as compensation for normally
scheduled work hours missed. At no time will paid leave time (sick, vacation, bereavement, etc.) result
in an employee being paid more than 40 hours per week.
Example: If Jill works 36 hours from Monday through Thursday, and wishes to take a
vacation day on Friday, she will still receive pay for 40 hours.
36 regular hours
4 vacation hours (deducted from vacation bank)
40 hours total
By virtue of working some overtime during the first four days, Jill uses only 4
hours of vacation time on Friday instead of eight. The other 4 hours remain in
her vacation back to use at a later time.
Example: If Ralph works 30 hours from Monday through Wednesday, and needs
bereavement pay for Thursday and Friday, he will still receive pay for 40 hours.
30 regular hours
10 bereavement hours
40 hours total
As in the previous example, Ralph's paid leave replaces hours he would have normally
worked.
Section 9: Corrective Action, Appeals, and Grievances
9.01 Disciplinary Actions
The following are examples of the various types of disciplinary actions that can be taken. The
list is non-inclusive and is not mandatory.
Verbal Counseling Best suited for a minor rule infraction or incident of substandard
performance. Supervisor should explain exactly what the employee did wrong and why it is
important that the behavior not be repeated.
Written record of Verbal Counseling - Best suited for a minor rule infractions or incidents
previously addressed by verbal counseling, or for matters that do just fully justify a written
reprimand. Included in the written record of verbal counseling should be a statement of what
violation(s) occurred, what changes in behavior are expected, and the potential disciplinary
actions that may result for future infractions or substandard performance. Both the employee
and the supervisor should sign the form. The original will be given to the employee, and a
copy will be sent to Human Resources and placed in the employee's personnel file.
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Written Reprimand - The written reprimand is used as a formal warning of suspension or
termination should the violation reoccur (see Forms Appendix). Included in the written
reprimand should be a statement of what violation(s) occurred, what changes in behavior are
expected, and the potential disciplinary actions that may result for future infractions or
substandard performance. Both the employee and the supervisor should sign the form. The
original will be given to the employee, and a copy will be sent to Human Resources and
placed in the employee's personnel file.
Denial of a Merit Increase - A Department Head may authorize denial of any scheduled
merit increase as a disciplinary measure, providing the incident requires such extreme
measures.
The employee should be given written counseling or a performance evaluation explaining the
reasons for the denial and outlining procedures for correction of the problem.
The form should also include a date upon which the employee will be re-evaluated to
determine if the employee will be retained as a Town employee. The time frame should not
be less than thirty (30) days and not more than ninety (90) days. The Town Manager should
be notified of this action.
Suspension Without Pay- To ensure consistency throughout the Town in regard to Town
policies, suspension recommendations shall be submitted to the Town Manager. An
employee may be suspended without pay during the tenure of disciplinary action. Employees
should be given a written notice of the reasons for the suspension, the seriousness of the
offense, and informed that the alternatives upon return to work are either immediate
improvement or termination. All suspensions shall be documented and signed by all parties
involved: the employee, supervisor, and Department Head.
Disciplinary Probation - The purpose of this step is to allow the employee a stated period of
time to demonstrate improvement on a specific problem(s) specified at the time the employee
is placed on disciplinary probation. A statement of the problem, indication of necessary
improvement, length of the probation period, and information concerning further disciplinary
action that could result from failure to show improvement must be particularly emphasized.
Disciplinary probation is not appropriate for newly hired employees still in the
probationary/introductory period. Disciplinary probation shall not exceed one-hundred and
eighty (180) calendar days in duration. No merit increases, transfers, or promotions will be
authorized during a disciplinary probation period, and raises, transfers, or promotions will not
be paid retroactive once the probationary period has ended. Once the probationary period has
ended the employee will not be eligible for a merit increase until the next annual performance
evaluation and an acceptable evaluation.
Suspension During Civil or Criminal Proceedings - During an investigation, hearing, or
trial of an employee on any civil cause or criminal charge, the employee may be suspended
either with or without pay for the duration of the proceedings whenever the suspension would
be in the best interest of the Town. The suspension shall terminate either by resignation or
dismissal of the employee, or by reinstatement with full recovery of all pay and other benefits
lost during the period of suspension, or by other appropriate action.
Demotion - A Department Head may demote an employee for disregarding or a violation of
personnel rules or policies, or for repeated refusal or inability to improve performance.
Demotions may be either permanent or for a predetermined specific period of time and may
be used in conjunction with a disciplinary probation. Disciplinary demotions will be
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accompanied by a reduction in salary, if appropriate. Employees shall be given written notice
of the reason(s) for, and duration of, the demotion; and in the case of a temporary demotion,
the action required for the employee to be reinstated in his/her former position.
Documentation will be signed and retained by both parties. Any demotion must be processed
through Human Resources for final approval by the Town Manager.
Dismissal - Prior to termination, the Department Head initiating the termination should give
an employee, who has completed his/her probation period, written notice of the reason(s) for
termination. The written notice should state the reason(s) for the termination in sufficient
detail.
9.02 Acts Constituting Disciplinary Action
Disciplinary action may be taken against an employee for act(s) constituting
unsatisfactory behavior or conduct relative to inadequate job performance and fitness for
public employment. These acts include, but are not limited to the following:
• Insubordination
• Absence without leave, job abandonment, including failure to notify a supervisor
of sick leave
• Repeated tardiness or early departure
• Endangering the safety of other persons through negligent or willful acts
• Intoxication or drug abuse while on duty
• Unauthorized use of public funds or property
• Conviction of a felony
• Falsification of documents or records
• Unauthorized use of official information or unauthorized disclosure of confidential
information
• Conviction of official misconduct
• Unauthorized or abusive use of official authority
• Incompetence or neglect of duty
• Engaging in outside employment that interferes with the performance of duties
for the Town
• Any other action that impairs the performance of others
• Possession of an illegal or prohibited weapon on Town premises
• Threatening/fighting with fellow employees
• Fraudulent timekeeping
• Gross safety rules/practices violations
• Positive drug test
• Theft
• Unauthorized use of telephones, mail system, or other Town-owned equipment
• Use of tobacco products
• Sexual or other unlawful harassment
• Violation of any of the provisions of this Handbook
9.03 Employee Complaint and Grievance PolicX
In the interest of employee efficiency and morale, Town employees shall have the opportunity
to discuss complaints and grievances with their employer after decisions are made which give
rise to complaint or grievance. In order to ensure this opportunity, the following shall apply:
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PURPOSE - The purpose of this procedure shall be to settle matters on as low an
administrative level as possible, as soon as possible after the applicable event, and to
discover, whenever possible, mutually satisfactory solutions to problems which arise.
COMPLAINT AND GRIEVANCE DEFINED -A "complaint" is an allegation that an employee's
nonspecific employment conditions have been adversely affected. A "grievance" is an
allegation that rights or benefits specifically provided by law, policy, personnel rule, or
previous employer action (such as overtime pay, fringe benefit, or pay rate) has been denied
or misapplied.
PROBATIONARY AND TEMPORARY EMPLOYEES - Probationary and temporary
employees may use this procedure, except in cases involving their performance
evaluation or discharge. However, in cases where the employee considers performance
evaluation or discharge to be improperly based upon the employee's age, sex, race,
religion, national origin, or handicap condition, the employee shall have the right to such
relief pursuant to (D) below.
UNLAWFUL DISCRIMINATION COMPLAINT - Any employee who feels that he or she has
been unlawfully discriminated against in matters relating to working conditions or other
conditions of employment, solely because of the employee's age, sex, race, religion,
national origin, or handicap condition shall have the right to file an equal employment
opportunity (EEO) complaint directly with the Town Manager, as set out under the Town's
EEO Discrimination Complaint Procedure.
Procedure
The following procedure shall be followed in the event an employee desires to present a
complaint or grievance.
A. TIMELY INITIATION OF - Complaints and grievances shall be filed promptly after
complained of events occur. With the exception of EEO complaints, including
complaints of sexual harassment, matters under this procedure must be presented
to the employee's immediate supervisor within five (5) working days from the
occurrence of the challenged action, or from the time the employee first became
aware (or with the exercise of reasonable diligence should have become aware) of its
occurrence, in order to be considered.
B. PROCEDURAL STEPS - To be considered, the procedural steps listed below must
be followed after the challenged action had occurred.
1. First Step: Oral Presentation. All complaints and grievances other than EEO
complaints shall be initially presented orally to the employee's immediate supervisor.
(EEO complaints are to be taken directly to the Town Manager.) In this first step, the
complaint or grievance shall be thoroughly discussed by the parties in order that
every effort can be made to resolve the matter to the mutual satisfaction of
employee and supervisor. Should this informal first step be considered
unsatisfactory, the employee shall have the right to then file a formal written complaint
or grievance as set out in the second step to this procedure, in B 2 below.
2. Second Step: Written Presentation. If the oral presentation as provided for in the
first step fails to resolve the matter, the employee shall have the right, within five (5)
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working days after the discussion with the immediate supervisor, to file a formal
written complaint or grievance with the employee's department head.
In presenting the written complaint or grievance the following information must be
stated within reasonable clearness:
• the nature of the matter
• the act or acts of commission or omission out of which the dispute arose
• the exact date (if uncertain, the approximate date) of the act or acts of
commission or omission
• the identity of the employee who claims to be harmed
• the identity of the party or parties alleged to have caused the problem
• the remedy which is sought.
Within five (5) working days of receipt of the written complaint or grievance, the
department head shall meet with the employee and the employee's immediate
supervisor to discuss the matter. In the effort to resolve the matter, the complaint
or grievance at this step shall be thoroughly discussed by all parties involved. The
decision by the department head, whether reached during this discussion or
afterward, shall be presented in writing to the employee within five (5) working
days after the meeting.
(i) Complaints Only: Complaints shall not be submitted to any further
appeal under this procedure beyond this step. However, the written
record of each complaint submitted under this procedure shall be
submitted to the Town Manager for review. The Town Manager
reserves the right to consider any complaint submitted.
(ii) (ii) Grievance Matters Only. Should the decision of the department
head be unsatisfactory to the aggrieved employee, the employee may,
within five (5) working days after receipt of the decision, appeal the
decision to the Town Manager as set out below.
3. Appeal to the Town Manager. Within ten (10) working days of the receipt of a
request for a hearing under B 2 (ii) above, the Town Manager shall notify the
aggrieved employee and the employee's department head as to whether or not the
request shall be granted. Should the Town Manager decide not to hear the
grievance on appeal, the decision of the department head shall be final. Should the
Town Manager agree to hear the grievance on appeal, the Town Manager shall
schedule a meeting with all parties to discuss the grievance. The decision of the
Town Manager, whether reached during the meeting or afterward, shall be
presented in writing to each of the involved parties within ten (10) working days of
the meeting. At the sole discretion of the Town Manager, this time period may be
extended, and notice of the extension is given to all parties. The decision of the
Town Manager shall be final.
C. COMPLAINT OR GRIEVANCE AGAINST DEPARTMENT HEAD - In the event that an
employee's immediate supervisor is the employee's department head, the written
complaint or grievance as set out in B 2 above may be presented directly to the Town
Manager.
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D. FAILURE TO FOLLOW PROCEDURES - Failure of an employee to follow the
procedures set out above, or failure to appear at a hearing, shall result in the loss of
further appeal rights by the employee. Provided, however, that the time limits as
specified under these procedures may be extended by mutual agreement of the
complainant/aggrieved employee and the Town Manager.
Section 10: Performance Evaluations
10.01 Performance Evaluations
Performance evaluations permit the supervisor and the employee to discuss the job
responsibilities, standards, performance requirements, and any existing or anticipated
problems.
Using a standardized performance evaluation instrument, all employees will be evaluated not
less than once per year. Supervisors should conduct reviews on or around the employee's
anniversary date.
Employees may be evaluated more frequently at the discretion of the Department Head.
10.02 Purpose
It is the intent of the Town of Westlake to conduct formal evaluations of each employee's job
performance. Performance evaluation assists with the measurement of past performance
over a specified time period. The objectives of the system include the recognition of
employee accomplishments and good work, the strengthening of supervisor/employee
relationships, the provision of information to employees as to their supervisor's expectations
and judgment of work performance, the assessment of training needs, and the guidance of
personnel actions with regard to pay increases, promotions, demotions, transfers, disciplinary
actions, and layoffs.
This policy applies to full-time regular employees only.
10.03 Pending Investigations
If any employee is under investigation for alleged policy violations when he or she is due a
performance review, the review and any subsequent increase may be delayed until the
investigation is resolved.
10.04 Skill/Standards rating plans
The Human Resource Department and/or Department Heads may determine that certain
positions progress through an existing pay grade by successful demonstration of skill blocks.
Reviews will be conducted on a schedule to be determined by the Department Heads to
assess if an employee has successfully demonstrated mastery of the prescribed objectives.
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Pay increases will be linked directly to the completion of prescribed objectives and overall
work performance. If an employee is deficient in one or more skill areas, he or she will not be
eligible for an increase until he has demonstrated mastery of that area.
If the employee receives an overall rating that does not meet standards, he or she will be
placed on a Performance Improvement Plan.
10.05 Performance Evaluation Appeal Guidelines
If you believe you have received an unfair or incorrect performance evaluation, you should
first discuss the evaluation with your supervisor during the initial evaluation interview. You
may make written comments on the evaluation form as to the reason the evaluation is unfair
or incorrect. Your written comments shall become part of your personnel file. Remember that
signing your evaluation does not indicate your agreement with the review, only that you have
received it. If you remain dissatisfied with your evaluation and wish to initiate a formal
complaint, you may do so in writing to the Town Manager. However, performance evaluations
may not be appealed under the Town's Grievance Policy. All responses or remedies offered
for written complaints will be at the sole discretion of the Town Manager.
Section 11: Termination of Employment
11.01 Employment Termination
Terminations occur within any organization and for a variety of reasons. The most common
conditions under which employment is terminated are:
resignation —termination initiated by the employee who chooses to
leave the organization voluntarily; the employee should submit, sign,
and date a letter of resignation providing two week notice of last date
of employment;
discharge—termination initiated by the employer; a disciplinary hearing
must be scheduled for any regular full-time or benefited part-time employee
prior to such action;
layoff—termination initiated by the employer for non-disciplinary reasons;
no hearing is required;
medical —termination initiated by either party when medical reasons
prevent the employee from completing the assigned tasks;
retirement—termination initiated by the employee who has fulfilled the
age and years of service requirements.
The immediate supervisor will complete the Personnel Status Change Form and submit to the
Human Resources Department.
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Town Manager or his designee will schedule and conduct an exit interview with the separating
employee on the employee's last workday or other date as mutually agreed upon.
Town Manager shall inform the Human Resources Department that final paycheck may be
released to terminating employee after all property such as uniforms, keys, identification
cards, purchasing cards, etc. have been returned to the Town.
Employee benefits will be affected by termination.
All vacation within the maximum allowable and pro-rata longevity is paid on the last paycheck.
Continuation of health care coverage is afforded the terminating employee and any spouse or
dependents at that individual's expense via COBRA.
11.02 Health Care Coverage Continuation
Town of Westlake employees who are covered by the Town-sponsored health plan have the
right to choose the continuation coverage if group health coverage is lost for reasons such as
termination, retirement, or reduction in work hours.
The spouse of a covered employee has the right to choose continuation coverage if the
employee loses group health coverage for any of the following:
• death of the employee;
• employee's termination for reasons other than gross misconduct;
• divorce or legal separation from employee; or,
• employee becomes entitled to Medicare and coverage under the plan terminates.
The dependent child of a covered employee has the right to choose continuation coverage
under the plan if it is lost due to any of the following reasons:
• death of a parent;
• employee's termination for reasons other than gross misconduct;
• parents' divorce or legal separation;
• parent becomes entitled to Medicare and coverage under the plan terminates; or,
• dependent ceases to be "dependent child" as defined under the plan.
The employee or family member has the responsibility to inform the Town of Westlake within
sixty (60) days of a divorce, legal separation, or if a child loses dependent status.
The Town has the responsibility to notify the health insurance company within thirty (30) days
of the employee's death, termination, retirement, reduction in hours, or entitlement to
Medicare.
When the Town is notified of an event that will result in a status change, it will notify the
affected person within fourteen (14) days of the right to choose continuation coverage.
The person has sixty (60) days from the date of the event to inform the Town that they want
continuation coverage. If the person chooses continuation coverage, the Town is required to
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provide identical coverage to similarly situated employees or family members at the covered
individual's expense.
If an employee is terminated or loses coverage due to a reduction in hours, eligible persons
will be afforded the opportunity for continued coverage for eighteen (18) months. In all other
cases, dependents will be afforded coverage for thirty-six (36) months.
An individual's continuation coverage may be cut short for any of the following reasons:
• the Town no longer provides group health coverage;
• the premium for continuation coverage is not paid on time;
• the covered person becomes insured under another group health plan; or, the covered
person is entitled to Medicare.
The individual requesting continuation coverage does not have to show proof of insurability.
The continuation of coverage for health care is not the same as nor does it include conditions
for conversion of life, Accidental Death & Dismemberment, or weekly accident and illness
insurance benefits.
Insurance coverage and benefit accrual will be suspended during the leave period.
Employee will be eligible for continued medical coverage under the COBRA federal
regulations.
When possible, employees will be returned to their former position. If their position is not
available, they will be considered for available comparable positions for which they quality
within their department. If no positions are available in their department, they will then be
considered for available comparable positions for which they qualify in other departments.
Employees returning to work after an absence of more than ten (10) consecutive work
days/shifts due to their health fitness impairment shall undergo a drug screen and a physical
assessment, if applicable, to ensure that the employee has fully recovered or that reasonable
working restrictions are set out to prevent injury.
Employees failing to make necessary arrangements to return to work on an agreed upon date
prior to the expiration of their leave will be deemed to have resigned.
11.03 Exit Interviews
Exit interviews shall be conducted with all terminating employees regardless of the reason for
leaving Town employment, length of service, position, or circumstances of separation. The
supervisor shall contact Human Resources as soon as an employee turns in a resignation or
prior to terminating the employee to establish an exit interview in the Human Resources
Department.
An exit interview consists of providing information regarding termination of benefits, medical
continuation options and costs, retirement for TMRS and optional retirement plans, and an
interview regarding employment with the Town of Westlake and in the department(s) the
employee worked. The interview information shall be shared with the Department Head, the
supervisor, and the Town Manager as deemed necessary.
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11.04 Reduction in Work Force
The Town of Westlake may be forced to lay off employees due to changes in duties of the
organization, lack of work, or lack of funds. When possible, an affected employee will be
transferred to a suitable position elsewhere within the organization. In the event a regular full-
time employee's job is eliminated through no fault of his or her own, he or she will receive the
equivalent of one week's pay for each completed year of service with the Town of Westlake.
The Town is required to deduct such items as TMRS, Medicare and Federal Income Tax from
this severance paycheck. Eligible employees will be afforded the opportunity for continued
insurance coverage at their own expense under COBRA.
11.05 Reinstatement
In an effort to encourage long-range development and training of it employees, the Town of
Westlake provides for reinstatement to vacancies which occur within six (6) months from the
date when an employee was laid off due to reduction in work force.
The person who separated may be reinstated to the same or similar position provided that the
person meets the qualifications.
Any employee who is reinstated and has satisfactorily completed his or her six (6) month
probationary/introductory period shall be eligible for restoration of accrued sick leave and
reconnection of original employment date for the calculation of vacation rates.
A person who was a former employee and is rehired under other than one of these provisions
or those provided by law shall be classified as a new employee and treated accordingly.
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GLOSSARY OF TERMS
The words and terms used in these policies shall have the meaning indicated as follows unless
the context clearly indicates otherwise.
Absence or Absent— Not present during scheduled working hours (including scheduled
overtime).
Address—The street and number of a residence and the post office box mailing address, if
applicable.
Anniversary Date—The month and day at which one (1)year or additional year of employment
with the Town is attained by an employee.
Applicant—A person who has applied for employment with the Town or an employee who has
applied for a different position within the Town.
Bank—To "bank"a holiday is to save it for later use.
Business Day- Due to a variation in work schedules, business day is defined as Monday
through Friday, 8:00 a.m. to 5:00 p.m.; official Town holidays do not count towards the number of
days allowed.
Children— Includes whole, half, step, foster, and adopted relationships.
Classification—All jobs, regardless of departmental location, that is sufficiently alike in duties
and responsibilities to:
1. Be called by the same descriptive title;
2. Be accorded the same pay scale under like conditions; and
3. Require substantially the same education, experience and skills.
Compensatory Time—Time off in lieu of monetary overtime compensation.
Date of Hire—The first day an employee begins any employment with the Town in a temporary,
part-time, or full-time capacity.
Demotion—An assignment of an employee from a position in one classification to a position in
another classification having a lower salary and/or less job responsibilities.
Department—A major functional unit of Town government established as an administrative
department by the Town, i.e. Public Safety, Finance, Public Works, etc.
Department Head—A person appointed by the Town Manager who is responsible for the
administration of a department of the Town and/or his or her designated representative.
Equal Employment Opportunity(EEO)—Discrimination against any person in recruitment,
examination, appointment, training, promotion, retention, discipline, or in any other aspect of
personnel administration is prohibited because of race, color, sex, national origin, religious
opinions or affiliations, age, and/or disability.
Employee—Any person employed and paid a salary or wages by the Town, including a person
employed on a temporary or part-time basis, not including an independent contractor or member
of the Town Council or other Town Board.
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Ethics—The discipline dealing with what is good and bad, right or wrong, or with moral duty and
obligation.
Exempt Employee—Any employee who occupies an executive, administrative, professional, or
certain seasonal positions, as defined by the Fair Labor Standards Act(FLSA)and state law who
is exempt from overtime pay requirements.
Fair Labor Standards Act (FLSA—A federal law, enacted by the United States Congress,
which sets minimum wage, overtime pay, equal pay, record keeping, and child labor standards
for employees who are covered by the Act and are not exempt from specific provisions.
Hours Worked— In general, all time that an employee is required to be on duty and all time
during which the employee is working "on-the-job"for the Town.
Human Resources Director— For the purpose of this policy shall mean Director of Human
Resources or his or her designated representative.
Immediate Family— Spouse, son, daughter, father, mother, father-in-law, mother-in-law,
brother, sister, grandfather, grandmother, grandchildren, or any other relative of an employee
who may be residing in the same household with the employee.
Independent Contractor—A private employer or an individual who has contracted to perform a
service for the Town.
Job-A collection of tasks, duties and responsibilities regularly assigned to and performed by an
individual, or individuals when the magnitude of the job is such that one person cannot perform it.
The term "position" is synonymous with "job"when one person can perform it.
Layoff—A separation of service from the Town because of a shortage of funds or materials,
abolition of a position, or other reasons necessary for the proper administration of the affairs of
the Town as determined by the Town Manager, and not reflecting discredit upon the employee.
Nepotism— Family relationships to the second degree by affinity (marriage) and third degree by
consanguinity(blood).
Nonexempt—Any employees who do not occupy an executive, administrative or professional
position, as defined by FLSA and are eligible for overtime at time and one-half for work over forty
hours in one week.
Occupational Safety& Health Administration U.S. Department of Labor(OSHA)
Old Age Survivor Disability Insurance (OASDn—Another term for FICA
Overtime—Any authorized time worked by a nonexempt employee who exceeds forty hours in
one (1)week. The rate of pay is time and one-half for hours over 40 hours in one week.
Part-time Employee—A part-time employee works less than 32 hours in one (1)week.
Probation—A period of time an employee is required to work in a position before the employee
acquires regular employee status and becomes eligible for benefits.
Promotion—An assignment of an employee from a position in one classification to a position in
another classification having a higher salary and/or increased job responsibilities.
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Regular Employee—Any employee working full-time who has satisfactorily completed his or her
probationary/introductory period and is not appointed as a temporary employee.
Supervisor—Any person responsible for directing the work of others.
Suspension—An involuntary discontinuance of performance and pay for a specified period of
time.
Temporary Employee—Any employee appointed or hired for any of the following:
1. An assignment or job scheduled to last less than seven (7) months;
2. A cooperative work-study program with an educational institution;
3. A seasonal position, in an assignment that does not last for more than seven (7) months;
4. A position that, by Town policy and practice, is intended as a trainee position as provided
under the FLSA.
Termination—Cessation of employment with the Town.
Town—Town of Westlake, Texas.
Town Manager—The designated chief executive officer responsible to the Town Council for the
administration of all the affairs of the Town, including the appointment, and when necessary for
the welfare of the Town, or removal of any employee of the Town.
Transfer—A change from one position to another that does not result in a promotion or a
demotion.
Volunteer—A person who voluntarily performs services for the Town without compensation.
Work Day—Any day in which a department is open for business or on which an employee is
scheduled to work.
Work Day Shift—Shift or shift hours to be established by the Department Head.
Work Time—All time on the premises other than before and after work hours, at meal periods, or
at break times.
Workplace—Any portion of a building, vehicle, or other place where an employee performs a
task on behalf of the Town of Westlake.
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