HomeMy WebLinkAboutRes 09-28 Approving Amendments to the Personnel ManualTOWN OF WESTLAKE
RESOLUTION NO. 09-28
APPROVING AMENDMENTS TO THE TOWN OF WESTLAKE PERSONNEL
MANUAL AND EMPLOYEE BENEFIT PACKAGE.
WHEREAS, the Town of Westlake recognizes that ongoing updates to the
Town's personnel manual are necessary to ensure best practices; 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;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF WESTLAKE:
SECTION 1. That the Town of Westlake Town Council does hereby approve the
proposed policy amendment, attached as Exhibit "moi", and its inclusion into the Town of
Westlake Personnel Manual.
SECTION 2. That this Resolution shall become effective upon the date of its
passage.
PASSED AND APPROVED ON THIS 8 DAY OF JUNE 2009.
ATTEST:
4
Kai Sutter, TRMC, Town Secretary
APPROVED AS TO
L`.
>L-4
Wheat, Mayor
Tom Br , T Manager
EXHIBIT "A"
TOWN OF WESTLAKE EMPLOYEE PERSONNEL MANUAL
2.04 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 Department of Public Safety (DPS) 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 attireat all �l,l times. 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 1" through September 30tH
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 means for slacks / khakis. Jeans
should be cleanand 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.
Employees who are required to wear specific uniforms are exempted from this policy.
4.08 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 in
order to be considered for hiring. Upon completion of the application, the candidate
becomes an applicant for purposes of recordkeepina.
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 aroval of the Personnel Requisition
Form.
DEFERRED COMPENSATION (457 PLAN)
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.
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 r►epFimand 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 lust fully justify a written
reprimand. Included in the written record of verbal counseling should be a statement of what
violations occurred what changes in behavior are exl2ected, 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.
Written Reprimand The written reprimand is used as a formal warning of suspension or
termination should the violation reoccur (see Forms Appendix). Both the employee and +ho
s' ^ slam the fGFM. 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 em to ee's personnel file.vielation aGGurped,
what ehanges in beh i )eGted, when the nexA evaluatiGn will be held, and exaetly what.
Penalty will. GGG ,r if Pry changes are manes
ACCEPTANCE o>I= Gi Ts
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 securespecial privileges or exemptions. for themselves or others or an
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.
EMPLOYEE COMPLAINT AND GRIEVANCE POLICY
(replacing the old policy)
Policy
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:
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.
Prnnedure
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.
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) 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) 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 seven (7) working days of the meeting. 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.
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.
F. WORKING DAYS DEFINED - Working days under this procedure shall be
defined as the scheduled workdays of the complainantlaggrieved employee
through step B 2. Working days at step B 3 shall be defined as the normal
work days scheduled for the Town Manager.
G. INAPPLICABILITY - This procedure does not apply to any position filled
directly by the Town Council or Town Manager.
H. FREEDOM FROM REPRISAL - Employees wishing to file a complaint or
grievance under this procedure shall be assured of freedom from restraint,
interference, or reprisal from their supervisors or other employees.
SECTION 3: Effect of Procedure
The existence of and access to this procedure shall not constitute any limitation on the
rights of the Town of Westlake to manage its affairs. All employees hold their positions at the
will and pleasure of the Town and such positions may be terminated or otherwise adversely
affected with or without cause.