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HomeMy WebLinkAboutRes 08-14 Approving Amendments to the Personnel ManualTOWN OF WESTLAKE RESOLUTION NO. 08-14 APPROVING AMENDMENTS AND ADDITIONS TO THE TOWN OF WESTLAKE PERSONNEL MANUAL. WHEREAS, the Town of Westlake recognizes that ongoing updates to the Town's personnel manual are necessary to ensure best practices; and, 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 Town of Westlake desires to limit both Town and employee liability; 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 BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE: SECTION 1. That the Town of Westlake Board of Aldermen does hereby approve the proposed policy additions and amendments, attached as Exhibits "A" and "B", and their 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 25 T' DAY OF FEBRUARY 2008. ATTEST: "� I�X/, Y'eve� m Sutter, TRMC, Town Secretary APPROVED AS TO FORM: ,-Nt� Rxi\ �r L. Stanton Lowry, Town Attorney Scott Bradley, Mayor Exhibit "A" Proposed changes to the Town of Westlake Personnel Manual (excepts of affected policies only, in change format) FRAUD POLICY - 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 determine merlin messagacfacilitate the release of any information to _the media and identify an appropriate Town spokesperson, as -if required. 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. ACCESS TO PERSONNEL FILES Official records of all employees of the Town of Westlake are kept and maintained by the Human Resources Office. All personnel files and certain information contained therein are subject to the Texas Open Records Act and must be requested in writing from the Town Manager's Office. Employees may review their file at a scheduled time and in the presence of the Town Manager or his desigReelhe Human Resources office. 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. DPS shift hours vary and are determined by the Department Head. Employees are expected to be punctual for the beginning of their workday and I or shift. Tardiness may be grounds for disciplinary action. All absences should be documented using an Employee Absence Form. Non-exempt (hourly7 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 su erviso 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. DPS RESERVE OFFICER PROGRAM - COMPENSATION Reserve Officers will be compensated at a rate of $14.18 per hn, r;hat will be reviewed annually during the Town's budget process. This pay rate may be adjusted at any other time beat the cele rlisGretinn a the Town Manager. Employees will be paid twice monthly by direct deposit in accordance with the DPS payroll cycle. MARKET ADJUSTMENTS — EMPLOYEE SALARIES The Human Resources Department will conduct a yearly market analysis. If any market adjustment is approved, all pay ranges and steps will be nrlis ,o+ori nnnnrdiRglyand adjustments will occur on the first day of the fiscal year. The f0IIG :iRg GFtieS "' I,G stl, red for the market anal-ysi : co, thlake Watauga, NRH, Haltom Gity, GpapeviRe, PleweF MeuRd, F=64es6, Bedford, Hurst, AlleR, , Gelley ille and Geppe" Cities will be selected for market comparison based on multiple criteria to ensure a fair and accurate comoarison. Every attempt will be made to ensure consistencv for each position surveyed EMPLOYEE ANNUAL PERFORMANCE EVALUATION DATES The annual evaluation date for general government employees is determined by the date the employee was hired, promoted, or demoted into his or her current position. The annual evaluation date will not be effected by a reclassification, salary adjustment, or lateral transfer. 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, thmugh the Gh�,r R you may do so in writing to the Town Manageer. You have 10 business days from the date of yG er eyalwatinn in+on.ie.., +„ initiate ,.ri„r formal nomnlnin+ 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. HOLIDAYS Changes to this section include the recent adoption of Good Friday as an official Town holiday. COMPENSATORY TIME (Comp 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'/ 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. PAYCHECK 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 next regular paycheck is processed bathe 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. 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 by 112Mpm on the Tuesday preceding a da . DPS personnel shall submit timesheets in accordance with the dates specified on the DPS payroll calendar. Each time sheet will be signed by the employee indicating that the time recorded is correct. ARY Gategery Gf time F8GGFded on time sheets must be OR RG less thaR 15 MiRute inGrernents as Falsification of a timesheet may be punishable by disciplinary action, up to and including termination. MATERNITY LEAVE A leave of absence for maternity reasons will be recorded and treated as any other medical leave. Pregnant employees will be expected to work nomas 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. Exhibit "B" Policy Addition #1 Family Medical Leave Act (FMLA) The Town of Westlake is required to comply with the Federal Family Medical Leave Act (FMLA) of 1991 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 advance 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. 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. Employees 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 FMLA protected. In these cases, an employee may be granted non -paid leave without benefits under the Leave of Absence Policy. Policy Addition #2 - adoption of employee benefit Town of Westlake COMMUNITY SICK LEAVE SANK POLICY & OVERVIEW The purpose of the Town of Westlake Community Sick Leave Bank is to provide additional sick leave days to members of the Bank in the event of catastrophic illness, surgery, or temporary disability due to an injury. Days may be requested from the Bank only after the member has exhausted all accumulated sick, vacation, and personal leave as well as any comp time banked by non-exempt employees. Employees wishing to join the Bank donate two or more days of sick leave each calendar year. 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 from the Bank. Members of the Bank are eligible to apply for a maximum of ten days per calendar year. Pregnancy and maternity leave will be covered by the Bank only in the event that a catastrophic illness or injury occurs due to complications. Request forms are available from the Human Resources Department. Requests should be submitted to the Human Resources Department, who will coordinate a meeting of the Sick Leave Board. The Board will review the application and supporting documentation to determine if the request fits within Board Policy. Once a determination is made, the Board will notify the applicant of the approval or disapproval of the days. TOWN OF WESTLAKE COMMUNITY SICK LEAVE BANK POLICY I. PURPOSE: The Town of Westlake Community Sick Leave Bank is to provide additional sick leave days to members of the Bank in the event of catastrophic illness, surgery, or temporary disability due to an injury. Days may be requested from the Bank only after the member has exhausted all accumulated sick leave, personal, vacation and comp time days (if applicable). II. ELIGIBILITY: All regularly -employed personnel who earn paid time -off benefits are eligible to participate. Participation is voluntary, but requires contribution to the Bank. III. ENROLLMENT: Open enrollment to the Bank shall be during the month of December each year for the upcoming calendar year. New employees hired during the calendar year may enroll in the Bank within 30 days of employment. Those employees who elect not to enroll in the Bank will not be permitted to enroll until the following annual open enrollment period. IV. CONTRIBUTIONS: Any employee who is eligible to enroll in the Town of Westlake Community Sick Leave Bank may do so by donating two or more days of his or her accrued sick leave days the first year and one day each year thereafter as needed to maintain days in the Bank equal to double the number of the Bank's members. Any member, however, using 10 or more days from the Bank must donate two sick leave days at the beginning of the next year to be reinstated in the Community Sick Bank program. The days donated will be subtracted from the member's total sick days at the time of enrollment. ALL donations will remain in force and cannot be returned, even upon cancellation of membership. V. RULES AND PROCEDURES: A. Should there be a catastrophic illness or injury to 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 from the Bank. Requests should be made through the Human Resources Department. B. A member who requests days from the Bank must submit to the Human Resources Department within 30 days, forms containing the following information: A statement signed by the member attesting to the fact that the condition which necessitated the request for days from the Bank was unknown to the employee at the time he/she became a member of the Bank. 9. If a request to draw upon the Bank is for other than consecutive days of illness, a separate request, including a physician's statement on the required form, must be submitted for each period of illness. Each separate application must meet the initial criteria of just cause. 10. All requests to draw upon the Bank must be accompanied by the appropriate physician's signed statement confirming actual treatment, the cause of illness, and certification of the existence of a disability to perform assigned duties. Elective surgery is not included. 11. The Board may request a medical review by a physician at the member's expense. 12. A contributor will lose the right to utilize the benefits of the Bank by: a. Termination of employment at Town of Westlake. b. Notice of cancellation of participation by the member on the proper form. C. Being on approved leave of absence. d. Attempted abuse of the Bank and/or its policies. e. Refusal to continue regular contributions. H. Pregnancy/Maternity requests. 1. Rare complications occurring after and arising from childbirth may be considered by the Board as a catastrophic injury or illness provided the recovery period requires longer than six weeks and medical documentation is provided. In these instances, the Board may grant up to ten days per calendar year (pro -rated for regular employees working less than forty hours per week). 2. The Board may consider pregnancy complications as a catastrophic injury or illness only in the event that those complications delay the expected return of the employee. Employees who have made arrangements for maternity leave of a specified length will not be eligible for this consideration. 3. All policies, procedures and guidelines pertaining to the Sick Leave Bank will apply to pregnancy or maternity requests. VI. DEFINITION OF IMMEDIATE FAMILY. A. Definition of immediate family. For the purposes of this policy, the term "immediate family" shall include: a. Spouse. b. Son or stepson. c. Daughter or stepdaughter. d. Parents. e. Any relative who may be residing in the employee's household at the time of illness or death. f. Other immediate family as defined in Board Policy may be considered at the discretion of the Board of Directors. VII. GOVERNING COMMITTEE: A. Name. 1. The governing committee, which will approve or disapprove all requests for sick leave Bank days, shall be called "The Town of Westlake Community Sick Leave Bank Board of Directors." 2. Completion of the attending physician's statement which includes: a. Identification of the nature of the illness and/or extent of injury. b. Date of initial onset of this particular condition. C. Anticipated date eligible to return to work on a full or part-time basis. d. Statement from the physician that the condition is not a pre-existing condition. This statement is waived for the 2008 initial enrollment period and for new employees at their first opportunity to join the Bank. 3. Anticipation of days, if any for follow-up examinations (May be limited by the Board of Directors). C. Forms for the above purposes have been prepared and are available from the Human Resources Department. D. The Board of Directors may refuse to consider an application that does not contain the required information. E. If the member is critically ill and unable to file an application for sick leave days from the Bank, the Human Resources Department may initiate the application form at the request of the family. F. An applicant may be required to undergo a medical review by a second opinion physician of the Board's choice at any time, at the member's expense. G. Granting of days from the Bank. 1. Conditions known to exist by the employee on or before the date of joining the Sick Leave Bank will not be covered under provisions of the Sick Leave Bank. This statement is waived for the 2008 initial enrollment period and for new employees at their first opportunity to joint the Bank. 2. Sick leave days from the Bank will be granted only after the member has exhausted all accumulated sick leave days, personal days, or any other form of paid leave. Members must also incur five days of uncompensated absence before requesting time from the Bank. 3. Days from the Bank shall be granted only for catastrophic illness, surgery, and other temporary disability due to an injury. 4. Sick Leave Bank days shall be granted only for absences from working days and will not be granted for holidays, vacation days or other unpaid days. 5. Sick leave Bank grants will not be authorized for illness or disability resulting from self-inflicted injury or act of war. 6. The maximum number of days that can be granted to any one member of the Bank will be up to ten days per calendar year (pro -rated for regular employees working less than forty hours per week). 7. The Bank may not grant more days than its members have contributed without prior approval by the Town Manager. 8. If a member of the sick leave Bank qualifies to receive days from the Bank due to the illness of someone in the immediate family as defined in this policy, but has used all of the days allowed under the above provision, and if his/her spouse is a member of the Bank and qualifies to receive days for the same illness, the days may be shared with the spouse who has no more days left (personal illness of either employee does not qualify for sick leave Bank sharing of days). B. Composition of membership of Board of Directors. 1. Members of the Board of Directors must be members of the pool to hold office. 2. Voting members of the Board of Directors shall consist of three Town of Westlake employees. C. Term of Office. The term of office will be two years, with initial members drawing lots for one or two year terms in order to establish staggered terms. The term of office shall run from January 1 to December 31st. A member may serve a maximum of two consecutive terms. D. Election procedures. 1. Elections will be held in December. Only members of the Bank are eligible to vote in the election. 2. Members of each group named above may file as candidates from their group. Candidates must file for office with the Human Resources Department by November 30th of each year. A form will be provided. 3. Voting will be by secret paper ballot. Ballots will be distributed and returned to the Human Resources Department. The Human Resources Department shall call a meeting of two members chosen at random to tabulate the ballots no later than one week following the election. The candidates with the two highest vote totals will be elected. 4. In the event no one files as a candidate for one of the positions vacated mid-term on the Board of Directors, the Board shall fill such position by appointment at the first Board Meeting following the filing deadline. The selection will be made from the group which would be represented by the vacant position. E. Duties and Responsibilities of the Board of Directors. 1. At the first meeting of the year for the newly elected Board members, the Board shall select from its group a chairperson and a vice -chairperson, and a secretary. All applications for sick leave Bank days shall be reviewed individually by the Board in a called meeting. 2. A member may be called to appear before the Board to substantiate their case. 3. The Board of Directors shall determine the number of days approved up to 10 days and reserves the right to approve, disapprove, or modify the days requested. 4. A member may appeal the decision of the Board by writing a letter to the Human Resources Office requesting to appear in person before the Board of Directors. 5. The decision of the Board of Directors will be final. 6. Vacancies on the Board of Directors that arise during the year will be filled by the person receiving the next highest total of votes from the last election. The selection will be made from the group which was represented by the member who resigned. 7. The Human Resources Department shall process all approved sick leave days for members through the payroll. 8. The Board of Directors shall review the policies and procedures annually in October and submit recommended changes to the membership only at the December election (except as required to comply with applicable law). A simple majority of voting members shall decide the issues. 9. Any amended policies and procedures which could have an impact on the Town will be submitted to the Board of Aldermen for final approval. 10. A representative from the Human Resources Office will be present during all proceedings to ensure proper procedure in accordance with the by-laws.