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Res 04-52 Approving the Personnel Manual
TOWN OF WESTLAKE RESOLUTION NO. 04-52 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, APPROVING THE TOWN OF WESTLAKE PERSONNEL MANUAL. WHEREAS, the Town of Westlake desires to document formal and consistent guidelines with regards to employment policies; and WHEREAS, the Town of Westlake realizes the need for standardized procedures for handling routine personnel matters; 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 l: That the Town of Westlake Board of Aldermen does hereby approve the proposed Personnel Manual. SECTION 2: That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 25T" DAY OF OCTOBER 2004. ATTEST: /a - Inger rosswy, Town Se tary ttorney Scott Bradley, President Trent O. Petty, CEO Town of Westlake Town of Westlake Employees, The Town of Westlake has a short but fascinating history. The geographic region, known as the place where the cross timbers met the prairie, holds tales of settlers from the Peters Colony, Indian treaties signed by Sam Houston, tremendous archeological treasures, and some of the oldest settlements in north Texas. The region has always been known for its natural bounty, its trade value, and its wonderful people. Certainly the Town of Westlake and northeast Tarrant County has maintained that distinction over the years, becoming one of the most desirable and sought after places to live in America. Rapidly approaching our 50th anniversary, the Town of Westlake has changed much since its original incorporation in 1956. During the early years, our mayor and Board members met to discuss Town business in the comfort of each other's living rooms — an interesting contrast to how our Town operates today. It wasn't until the year 2001 that the Town hired its first full time employee. That same year, we began our own water and sewer system and began construction on the first municipally owned telecommunication conduit system in the state of Texas. A year later we began work on the premier golf community named Vaquero and completed the elevated water storage facility we share with Keller. The following year we opened the first municipally owned and operated Charter School in the nation, Westlake Academy. This year that school was recognized as one of the eight most successful schools in Texas. Much has been accomplished as we have grown from one employee to over twenty in just three short years. Whether you know it yet or not, you are a pioneer. You have chosen to become a part of a team that is seeking to build one of the best communities in the country. Rarely do we as municipal employees get an opportunity to paint our own picture of what our services and our organization will become. We literally started from scratch, given only the dreams and aspirations of visionary men who have proven that they are willing to sacrifice to achieve greatness. We are on our way. Welcome to our team, or as we like to call it, our calling. To help you along the way, we have assembled this employee handbook to convey the guidelines and expectations regarding your employment, as well as the spirit and philosophy with which we deliver our services. Keep this handbook handy, as you will be receiving updates periodically that should be added to it. Inside you will find policies and procedures, employment terms and employee benefits outlined in great detail. I invite you to partner with me in the days and years ahead to make the Town of Westlake one of the best communities in America. That means a great place to live and a great place to work, a great place to go to school and a great place to play. We are honored that you have chosen our organization to meet your professional needs and we earnestly look forward to helping you realize your personal potential in serving this great community! Sincerely, Trent Petty Town Manager Town of Westlake The policies and procedures set forth in the Town of Westlake Personnel Manual are general guidelines only and none of its provisions are binding or contractual in nature. Employment with the Town of Westlake is "at -will," meaning that my employment may be terminated at any time, with or without notice, for any reason or no reason, by either the Town or the employee. This document does not guarantee employment for any specific period of time. Either the Town or the employee may end this relationship at any time, with or without cause, notice or reason. No director, supervisor, or representative other than the Town Manager has the authority to enter into any agreement guaranteeing your employment for any specific period of time or to make any written or oral promises, agreements, or commitments contrary to this policy. Further, any employment agreement entered into by the Town Manager will not be enforceable unless it is in writing and approved by the Board of Aldermen. This Personnel Manual replaces and supersedes all other Town personnel practices, policies, and guidelines. I acknowledge receiving the Town of Westlake Personnel Manual. I clearly understand that this Personnel Manual does not create a contract for employment with the Town, and that the Town may change or modify the policies and procedures found in this handbook at any time. I agree to read the handbook and abide by the standards, policies, and procedures defined or referenced in this document. Received By: Employee Signature Print Name Date TABLE OF CONTENTS 1.00 Nature of Employment...................................................................................................1 1.01 Nature of Employment..................................................................................................1 1.02 Employee Responsibility...............................................................................................1 2.00 Administration................................................................................................................2 2.01 Objectives and Policy Statements................................................................................2 2.01.01 Policy......................................................................................................................2 2.01.02 Guidelines..............................................................................................................3 2.01.03 Responsibility.........................................................................................................3 2.01.04 Objectives..............................................................................................................4 2.02 Confidentiality of Information........................................................................................4 2.03 Conflict of Interest.........................................................................................................5 2.04 Dress Code...................................................................................................................6 2.05 Electronic Communications and Equipment.................................................................7 2.05.01 Prohibited Activities................................................................................................7 2.05.02 Personal Use..........................................................................................................7 2.05.03 Personal Computers and the Internal Network......................................................8 2.05.04 Internet...................................................................................................................8 2.05.05 Email......................................................................................................................8 2.05.06 Web Browsing........................................................................................................9 2.05.07 Instant Messenging..............................................................................................10 2.05.08 Telephone Voicemail............................................................................................10 2.05.09 Cell Phones..........................................................................................................10 2.05.10 Policy Changes....................................................................................................10 2.06 Employee Conduct.....................................................................................................11 2.07 Facial Jewelry.............................................................................................................12 2.08 Fraud Policy................................................................................................................12 2.09 Hiring of Relatives (Nepotism)....................................................................................16 2.10 Inclement Weather......................................................................................................16 2.11 Individual Department Policies...................................................................................17 2.12 Political Activity...........................................................................................................17 2.13 Tobacco -Free Workplace...........................................................................................18 2.14 Travel Policy...............................................................................................................18 2.15 Use of Town Equipment.............................................................................................21 2.16 Use of Town Owned Vehicles.....................................................................................21 3.00 Federal Laws and Regulations...................................................................................23 3.01 Americans with Disabilities Act (ADA)........................................................................23 3.02 Consolidated Omnibus Reconciliation Act (COBRA)..................................................23 3.03 Drug Free Work Place................................................................................................24 3.04 Drug and Alcohol Policy..............................................................................................25 3.04.01 Definitions..............................................................................................................25 3.04.02 Constitutional Rights of Employees.......................................................................28 3.04.03 Supervisory Training..............................................................................................28 Town of Westlake Personnel Manual Page / 3.04.04 Notification of Supervisor of Authorized Drug Use.................................................28 4.01 3.04.05 Additional Employee Responsibilities....................................................................28 4.02 3.04.06 Call for Special Duty...............................................................................................29 4.03 3.04.07 Required Drug and/or Alcohol Testing...................................................................29 4.04 3.04.08 Testing Methods.....................................................................................................30 4.05 3.04.09 Procedures for Administering Tests.......................................................................31 4.06 3.04.10 Drug Testing Procedures.......................................................................................31 4.07 3.04.11 Alcohol Testing Procedures...................................................................................31 4.08 3.04.12 Medical Examination..............................................................................................32 4.09 3.04.13 Post -Test Procedure..............................................................................................32 4.10 3.04.14 Exam Results Confidentiality.................................................................................32 4.11 3.04.15 Drug Testing Results..............................................................................................33 4.12 3.04.16 Alcohol Testing Results..........................................................................................34 Prohibited Behaviors...................................................................................................46 3.04.17 Employee Cooperation...........................................................................................35 Promotions..................................................................................................................47 3.04.18 Operation of Vehicles and Equipment....................................................................35 Reference Checks and Recommendations................................................................47 3.04.19 Searches and Inspections at the Workplace..........................................................36 Required Employment Forms.....................................................................................48 3.04.20 Employee Convictions............................................................................................36 Vacancies and Job Announcements..........................................................................48 3.04.21 Social Functions.....................................................................................................37 Work Schedules..........................................................................................................48 3.04.22 Off -Duty Conduct...................................................................................................37 3.04.23 Reservation of Rights.............................................................................................37 3.05 Equal Employment Opportunity..................................................................................38 3.06 Fair Labor Standards Act (FLSA)...............................................................................38 3.07 Immigration Law Compliance.....................................................................................38 3.08 IRS Section 125 (Cafeteria Plan)................................................................................39 3.09 Sexual and other forms of Illegal Harassment............................................................39 3.10 Whistleblower Act.......................................................................................................40 4.00 Employment.................................................................................................................41 4.01 Access to Personnel Files..........................................................................................41 4.02 Attendance and Punctuality........................................................................................41 4.03 Employee Safety.........................................................................................................41 4.04 Employment Applications...........................................................................................42 4.05 Employment Classifications........................................................................................42 4.06 Hiring Procedures.......................................................................................................43 4.07 Outside Employment..................................................................................................44 4.08 Pay Increases.............................................................................................................44 4.09 Payroll Deductions......................................................................................................44 4.10 Performance Evaluations............................................................................................45 4.11 Personnel Data Changes............................................................................................45 4.12 Probationary / Introductory Period..............................................................................45 4.13 Prohibited Behaviors...................................................................................................46 4.14 Promotions..................................................................................................................47 4.15 Reference Checks and Recommendations................................................................47 4.16 Required Employment Forms.....................................................................................48 4.17 Vacancies and Job Announcements..........................................................................48 4.18 Work Schedules..........................................................................................................48 Town of Westlake Personnel Manual Page H 5.00 Employee Evaluation and Compensation Plan.........................................................49 5.01 Purpose......................................................................................................................49 5.02 Market Adjustments....................................................................................................49 5.03 Pending Investigations................................................................................................49 5.04 Skill/Standards Rating Plans......................................................................................49 5.05 General Government Evaluation Plan........................................................................50 5.05.01 Components of Evaluation...................................................................................50 5.05.02 Annual Performance Evaluation Date..................................................................50 5.05.03 Self Assessment...................................................................................................50 5.05.04 Core Standards Evaluation..................................................................................50 5.05.05 Overall Evaluation Rating.....................................................................................51 5.05.06 Employee Work Plans..........................................................................................51 5.05.07 Additional Reviews...............................................................................................52 5.05.08 Performance Improvement Plan...........................................................................52 5.05.09 New Hire/Promotion.............................................................................................52 5.05.10 Department Head Performance Evaluations........................................................53 5.06 DPS Department Evaluation/Compensation Plan.......................................................53 5.06.01 Core Standards Performance Evaluation.............................................................53 5.06.02 Skill Tests.............................................................................................................54 5.06.03 Work Plans...........................................................................................................54 5.06.04 Performance Improvement Plan...........................................................................55 5.07 Performance Evaluation Appeal Guidelines....................................................................55 5.08 Policy Changes...............................................................................................................55 6.00 Employee Benefits.......................................................................................................56 6.01 Car Allowance and Mileage Reimbursement..............................................................56 6.02 Direct Deposit.............................................................................................................56 6.03 Employee Lunches.....................................................................................................57 6.04 Enrollment in the Westlake Academy.........................................................................57 6.05 Holidays......................................................................................................................57 6.06 IRS Section 125 (Cafeteria Plan)................................................................................59 6.07 Insurance Benefits (Dental, Medical, Life)..................................................................60 6.08 Other Insurance Coverage.........................................................................................60 6.08.01 Worker's Compensation.........................................................................................60 6.08.02 Public Officials Liability...........................................................................................61 6.08.03 Automobile Liability................................................................................................61 6.09 Retirement..................................................................................................................61 6.09.01 TMRS.....................................................................................................................61 6.09.02 Social Security.......................................................................................................62 6.10 Sick Leave..................................................................................................................62 6.11 Use of Public Facilities................................................................................................64 6.12 Vacation Benefits........................................................................................................64 Town of Westlake Personnel Manual Page /// 7.00 Employee Compensation ............................................................................................67 7.01 Compensatory Time...................................................................................................67 7.02 Overtime.....................................................................................................................67 7.03 Paydays......................................................................................................................67 7.04 Pay Corrections..........................................................................................................68 7.05 Payroll Deductions......................................................................................................68 7.06 Timekeeping...............................................................................................................69 8.00 Leave and Absences...................................................................................................70 8.01 Bereavement Leave....................................................................................................70 8.02 Military Leave..............................................................................................................70 8.03 Maternity Leave..........................................................................................................71 8.04 Personal Leave...........................................................................................................71 8.05 Witness / Jury Duty.....................................................................................................71 8.06 Paid Leave for non-exempt employees......................................................................72 9.00 Disciplinary Procedures..............................................................................................73 9.01 Disciplinary Actions.....................................................................................................73 9.02 Acts constituting Disciplinary Action...........................................................................75 9.03 Grieveance Procedures..............................................................................................76 10.00 Employment Termination............................................................................................80 10.01 Employment Termination............................................................................................80 10.02 Health Care Coverage Continuation...........................................................................81 10.03 Exit Interviews.............................................................................................................83 10.04 Reduction in Work Force............................................................................................83 10.05 Reinstatement.............................................................................................................83 Glossaryof Terms.................................................................................................................84 FormsAppendix....................................................................................................................88 DirectDeposit Form...........................................................................................................89 Employee Absence Form...................................................................................................90 EmployeeGrievance Form.................................................................................................91 Employee Accident / Incident Form....................................................................................92 Employee Expense Report Form.......................................................................................93 IRS Section 125 (Cafeteria Plan) Enrollment Form............................................................94 Town Payroll Calendar - 2005............................................................................................95 Department of Public Safety Payroll Calendar - 2005........................................................96 TravelRequest Form..........................................................................................................97 Town of Westlake Personnel Manual Page /V SECTION 'I - NATURE OF EMPLOYMENT 1.0 1 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 supercedes 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 Board of Aldermen. 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. Town of Westlake Personnel Manual Page 1 SECTION 2- ADMINISTRATION 2.01 TOWN OF WESTLAKE OBJECTIVES AND POLICY STATEMENTS 2.01 .01 POLICY It is the policy of the Town that the general and final authority for Personnel Administration rests with the Town Manager, with the exception of matters reserved to the Board of Aldermen 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; • 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; Authorizing lateral reassignments; Town of Westlake Personnel Manual Page 2 2.01.02 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 Board of Aldermen. • Any statement in a policy and procedure found to be illegal, incorrect, and/or inapplicable shall not affect the validity and 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. 2.01.03 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. Town of Westlake Personnel Manual Page 3 2.0'1 .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. 2.02 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. Town of Westlake Personnel Manual Page 4 2.03 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. Town of Westlake Personnel Manual Page 5 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 personnel are permitted to wear jeans. Office personnel are expected to wear business casual attire at all 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. Jeans, 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 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. There is no provision for jeans or tennis shoes for office personnel. Town of Westlake Personnel Manual Page 6 2.05 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 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. A separate Exhibit to this Policy, maintained by the Town Manager, will detail operational procedures to be followed in the use of equipment, services and systems described in this policy. 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. Town of Westlake Personnel Manual Page 7 2.05.01 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. 2.05.02 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. 2.05.03 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 responsible for following all procedures identified in the Operational Procedures Exhibit to this policy. 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. 2.05.04 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), wed 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 Town of Westlake Personnel Manual Page 8 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. 2.05.05 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. The employee is responsible for following the security procedures outlined in the Operational Procedures Exhibit to this Policy. 2.05.06 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 ware" that can potentially compromise an personal shall follow procedure to minimize such threats. in the form of "mal -ware" or "spy - computer or network systems, and Town of Westlake Personnel Manual Page 9 2.05.07 INSTANT MESSAGING No communications related to the execution of Town business may be conducted via "Instant Messaging" or "Text Messaging." 2.05.08 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. 2.05.09 CELL PHONES Cellular 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 cellular phones, either on a temporary (shared) basis or full time, are responsible for appropriate use and safekeeping. Using a cellular telephone while operating a motor vehicle is strongly discouraged. Employees should plan calls either before or after operating in a motor vehicle. 2.05. 10 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. Town of Westlake Personnel Manual Page 10 2.06 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 Board of Aldermen • 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 • 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 Town of Westlake Personnel Manual Page 11 • 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 2.07 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. 2.08 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 Board Members, all employees of the Town of Westlake, agencies and commissions over which the Board of Aldermen 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 Town of Westlake Personnel Manual Page 12 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). 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. Town of Westlake Personnel Manual Page 13 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 Board of Aldermen, 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. 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. Town of Westlake Personnel Manual Page 14 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 or Director of Public Affairs. The alleged fraud or audit investigation shall not be discussed with the media by any person other than through the Town Manager or Director of Public Affairs, in consultation with the Finance Director and the Town Attorney. The Town Manager will determine media messages and identify an appropriate Town spokesperson, as 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 Board of Aldermen. 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. Town of Westlake Personnel Manual Page 15 2.09 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 be hired if they will not be directly supervising nor be supervised by any relative within the second degree of affinity or within the second degree of consanguinity. All existing employees who fall within the scope of this section, but are not in direct conflict with this policy will be grandfathered upon effective date. 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: 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. 2.10 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, the employees shall receive their regular salary for a full day. Time sheets for bad weather days, called by the Town Manager, shall be recorded as follows: Town of Westlake Personnel Manual Page 16 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. If an employee attended a scheduled training class, it should be verified that the school was not closed on the bad weather day and the employee did attend. The time should be recorded as actual time worked. These guidelines do not apply to DPS personnel who work 24 hour shifts. 2.1 1 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. 2.12 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. Town of Westlake Personnel Manual Page 17 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. 2.13 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 the Town Hall or Westlake Academy. 2.14 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, Board of Aldermen, 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 Board of Aldermen Members - Upon request of Board of Aldermen members, the Town Secretary's office will coordinate registration, reservations, travel accommodations, etc., for all Board of Aldermen members. The Town Manager's office should be contacted to confirm the availability of budgeted funds. Town of Westlake Personnel Manual Page 18 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. 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. Town of Westlake Personnel Manual Page 19 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. 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 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. Meals will be reimbursed at a maximum of $10.00 for breakfast, $15.00 for lunch, and $20.00 for dinner. If a meal exceeds this amount, the employee will be required to pay the difference. 3. There is a maximum daily reimbursement of $45.00 for meals. Amounts not used for a meal cannot be applied to another meal. Town of Westlake Personnel Manual Page 20 Submittal of Completed Expense Report Employee must document any 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) days of returning from travel. 2.15 USE OF TOWN EQUIPMENT All desks, lockers, vehicles, computers, PDA's, computer diskettes, CD's, and any other equipment assigned to employees throughout an employee's employment remain the property of the Town and may be inspected by a Department Head without notice. There is no expectation of personal privacy in any desk, locker, vehicle and/or equipment owned by or belonging to the Town. If an employee chooses to lock up personal belongings in Town property, the employee shall provide the Department Head with a copy of the key or combination that can be used in the event of an absence from work. The Town assumes no responsibility for loss of employees' personal belongings stored in Town property. For use of computer related equipment, see Section 2.05. 2.16 USE OF TOWN OWNED VEHICLES The Town off Westlake is committed to providing a safe work environment for its employees. Employees driving Town vehicles shall abide by all state and local laws and be diligent in operating the Town's vehicle in a safe manner. Use of seatbelts is mandatory at all times. The Town provides vehicles to employees only as it relates to job-related (Town) business. Vehicles may not be used for personal business unless specifically approved in writing by the Town Manager. The Town provides liability insurance for all Town owned vehicles operated by its employees. At no time should an employee allow a non-employee to operate a Town owned vehicle. Employees shall not operate a Town vehicle while under the influence of alcohol or controlled substances. Alcoholic beverages or controlled substances shall not be allowed or permitted inside any Town vehicle at any time, except for confiscation purposes by authorized DPS personnel. No employee is permitted to operate a Town vehicle without a proper and valid Texas drivers' license. Town of Westlake Personnel Manual Page 21 Smoking and/or the use of tobacco products (i.e. chewing tobacco, snuff, dip, etc.) of any kind are prohibited inside all Town vehicles. Certain Town vehicles are assigned to individual departments. Department Heads shall be responsible for the maintenance, fuel cards, and management of vehicles assigned to their departments. The Town operates a "Pool" vehicle that is available to all employees for approved Town business. To requisition the Pool vehicle, employees are required to provide justification and a Department Head's signature. If approved, the Pool vehicle will be released to the employee for a specified timeframe. In the event that the Pool vehicle is not available, the employee may operate their personal vehicle and submit an expense report for mileage reimbursement. The Pool vehicle may be requested through the Human Resources Department. Town of Westlake Personnel Manual Page 22 SECTION 3- FEDERAL LAWS AND REGULATIONS 3.01 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. 3.02 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. Town of Westlake Personnel Manual Page 23 3.03 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; 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. Town of Westlake Personnel Manual Page 24 3.04 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. 3.04.01 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. 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. Town of Westlake Personnel Manual Page 25 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, and whether the prescribed medication may impair the employee's job performance. This requirement also applies to refills of prescription drugs. Town of Westlake Personnel Manual Page 26 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. Town of Westlake Personnel Manual Page 27 3.04.02 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. 3.04.03 SUPERVISORY TRAINING Supervisory personnel will be provided with the training necessary to identify work-related performance problems of employees. 3.04.04 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. 3.04.05 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 Town of Westlake Personnel Manual Page 28 test. The supervisor will also forward the employee's written report immediately to the Department Head in a confidential manner. 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. 3.04.06 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. 3.04.07 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; Town of Westlake Personnel Manual Page 29 • 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: • 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. 3.04.08 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 Town of Westlake Personnel Manual Page 30 3.04.09 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. 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. 3.04. 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 DPS commissioned officers shall be drug tested at the time of their annual physicals. 3.04.1 1 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. Town of Westlake Personnel Manual Page 31 3.04.12 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. 3.04.13 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. 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. 3.04.14 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. Town of Westlake Personnel Manual Page 32 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. 3.04.15 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. 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 Personnel Manager 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 Personnel Manager 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 re -test. 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. Town of Westlake Personnel Manual Page 33 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 Personnel Manager 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. 3.04.16 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 Personnel Manager and a disciplinary hearing shall be held. Employees who test equal to 0.02 but less than 0.04 breath alcohol concentration 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; • 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. Town of Westlake Personnel Manual Page 34 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. 3.04.17 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. 3.04.18 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 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. 3.04.19 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. Town of Westlake Personnel Manual Page 35 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. 3.04.20 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. Town of Westlake Personnel Manual Page 36 3.04.21 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. 3.04.22 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. 3.04.23 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. Town of Westlake Personnel Manual Page 37 3.05 EQUAL EMPLOYMENT OPPORTUNITY 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. 3.06 FAIR LABOR STANDARDS ACT (FLSA) The Fair Labor Standards Act (FLSA) established minimum wage, overtime, record keeping, 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. 3.07 IMMIGRATION LAW COMPLIANCE This organization 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. Before commencing work, each employee must properly complete, sign, and date the first section of the Immigration and Naturalization Service Form 1-9 and provide the appropriate documentation for section two. Before rehired employees commence work, he/she must also complete the 1-9 form if the previous form is more than three (3) years old. Town of Westlake Personnel Manual Page 38 3.08 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 Board of Aldermen 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.) 3.09 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 Nnn_VPrhal • 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. Town of Westlake Personnel Manual Page 39 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. In the event that 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 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. 3. 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." Town of Westlake Personnel Manual Page 40 SECTION 4- EMPLOYMENT 4.01 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 designee. 4.02 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 / or shift. Tardiness may be grounds for disciplinary action. All absences should be documented using an Employee Absence Form. The form must be signed by a supervisor and forwarded to the Payroll Department for Processing. Absences exceeding an employee's available sick, vacation, or holiday time will result in a reduction in wages or salary. 4.03 EMPLOYEE SAFETY Establishment and maintenance of a safe work environment is the shared responsibility of the Town of Westlake and employees at all levels of the organization. The Town of Westlake will attempt to do everything within its control to ensure a safe environment and compliance with federal, state, and local safety regulations. Employees are expected to obey safety rules and to exercise caution in their work environment. They are asked to immediately report any unsafe conditions to their supervisor. All accidents that result in injury must be reported to the appropriate supervisor, regardless of how minor the injury may appear. Documentation of the incident should be made on an Employee Accident / Incident Report (see Forms Appendix). Such reports are necessary to comply with laws and to initiate insurance and Workers' Compensation procedures. This form should be completed immediately after the accident or incident occurs and must be promptly forwarded to the Human Resources Department. Town of Westlake Personnel Manual Page 41 4.04 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. The Department Head(s) and the Human Resources Manager 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. 4.05 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. 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. Town of Westlake Personnel Manual Page 42 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. 4.06 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. Upon review of submitted applications, the Human Resources Manager and Department Head(s) will select candidates for an interview. Candidate(s) may be subject to secondary interviews, drug screening, and background checks. Offers of employment to any candidate will be contingent on the approval of the Town Manager. Town of Westlake Personnel Manual Page 43 4.07 OUTSIDE EMPLOYMENT Employees may hold a job outside the Town of Westlake as long as 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 be in 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. 4.08 PAY INCREASES It is the policy of the Town of Westlake to conduct annual salary surveys of surrounding cities. Salary adjustments will be made in order to remain competitive. Merit increases are awarded at the discretion of the Town Manager. 4.09 PAYROLL DEDUCTIONS Standard payroll deductions may include Medicare, FICA, medical, dental and life insurance, deferred compensation, TMRS, IRS Section 125 expenses, and child support. Town of Westlake Personnel Manual Page 44 4. 10 PERFORMANCE EVALUATIONS Performance evaluations permit the supervisor and the employee to discuss the job responsibilities, standards, performance requirements, and any existing or anticipated problems. All employees will be evaluated not less than once per year and will be graded on a pass or fail basis. It is recommended that reviews are held on or around the employee's anniversary date. See Section 5, Employee Evaluation and Compensation Plan, for more information. 4.1 1 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. 4.12 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. Town of Westlake Personnel Manual Page 45 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. 4.13 PROHIBITED BEHAVIORS Employees may not: 1. Use an official position to secure special privileges or exemptions for self or others; 2. Grant any special consideration, treatment, or advantage to any citizen, individual, or group beyond that which is available to every other citizen, individual or group; 3. Disclose, without proper authorization, confidential information that could adversely affect the property, government, or affairs of the Town, nor directly or indirectly use any information gained by reason of the employee's official position or employment for his/her own personal gain or benefit, or for the private interest of others; 4. Engage in any outside activities that will conflict with, or will be incompatible with the duties assigned to the employee in the course of the employee's employment with the Town or reflect discredit upon the Town. Nor shall any employee engage in any outside activities in which the employee's employment with the Town will give the employee an advantage over others engaged in a similar business, vocation, or activity. This rule shall not prohibit employees from performing the same or other services for a private organization that the employee performs for the Town, providing there is no conflict with Town duties and responsibilities; 5. Represent, directly or indirectly, or appear on behalf of private interests before any agency of the Town or any Town Board or Commission, nor shall any employee represent any private interest in any action or proceeding involving the Town, nor participate on behalf of others in any litigation to which the Town might be a party, nor shall any employee accept any retainer or compensation that is contingent upon a specific action taken by the Town or any of its agencies; 6. Use Town supplies, equipment, vehicles, or facilities for any purpose other than official Town business. Unauthorized use for personal reasons may result in dismissal; 7. Have a financial interest, direct or indirect, in any contract with the Town, or be financially interested, directly or indirectly, in the sale to the Town of any land; Town of Westlake Personnel Manual Page 46 8. Purchase materials, supplies, or services, except on behalf of the Town as an officer or employee; 9. Violate any laws of the United States, State of Texas, Town policies or ordinances, or the provisions of this Handbook. 4.14 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. 4. 15 REFERENCE CHECKS AND RECOMMENDATIONS No person is authorized to act on behalf of the Town of Westlake in making recommendations or giving references with respect to current or former Town employees. Any Town employee who gives a recommendation of reference with respect to a current or former Town employee shall be acting in his or her individual capacity and not as an agent, employee, or representative of the Town of Westlake if this act is beyond the scope of said employee's employment. Any employee who is sued or becomes involved in a claim or civil lawsuit due in any part to his or her giving a reference or recommendation shall not be entitled to a paid or other legal defense by the Town of Westlake. Except as may be otherwise provided by law, the Town of Westlake will refuse to release information to outside sources without current or former employee's written approval. Exceptions are limited to simple employment verification for mortgage and lease agreements and credit applications. During the exit interview process, all terminating employees will be requested to sign a release statement if they wish employment information to be released. All employees are required to follow these standards concerning confidentiality of personal information about other employees. Violation of this principle could be cause for discipline up to, and including, termination of employment. Town of Westlake Personnel Manual Page 47 In absence of a written release signed by the current or former employee, the Town Manager or his designee shall be authorized to verify only the following information: The date the employee began employment with the Town of Westlake; The date the employee ended employment with the Town of Westlake; The employee's salary at the beginning and end of employment with the Town; and, The positions held while employed by the Town of Westlake. No person other than the Town Manager or his designee shall be authorized to act on behalf of the Town of Westlake with respect to the verification of employment information. 4.16 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. 4.17 VACANCIES AND JOB ANNOUNCEMENTS The filling of any vacancy must be approved in advance by the Town Manager. Job vacancies will be advertised internally for the first one (1) week and at the discretion of the department if no internal candidates are selected for the position may then be advertised in a local newspaper or newspapers and the Town's website 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. When vacancies occur, employees who meet the minimum qualifications required will be given priority for promotion or transfer. 4.18 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. Town of Westlake Personnel Manual Page 48 SECTION 5 -- EMPLOYEE EVALUATION/COMPENSATION PLAN 5.01 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. 5.02 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. The following cities will be surveyed for the market analysis: Southlake, Watauga, NRH, Haltom City, Grapevine, Flower Mound, Euless, Bedford, Hurst, Allen, Burleson, Colleyville, and Coppell. 5.03 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. 5.04 SKILL I 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 skill blocks. In addition to mastering the skill blocks, the employees will also be held accountable for the Core Standards as defined in this policy. Pay increases will be linked directly to the completion of prescribed skill blocks and satisfactory Core Standards reviews. Town of Westlake Personnel Manual Page 49 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 below standard on a Core Standard, he or she will be placed on a Performance Improvement Plan. 5.05 GENERAL GOVERNMENT EVALUATION I COMPENSATION PLAN 5.05.01 COMPONENTS OF EVALUATION Employee evaluations consist of two components: self-evaluation, Core Standards, and Work Plan achievement. Supervisors will score both of these components as to whether the employee meets the Conditions of Standards. The supervisor will then score the employee as meeting or not meeting the Overall Conditions of Standards. The Overall Score will be used to determine eligibility for merit pay increases and continued employment. 5.05.02. ANNUAL PERFORMANCE EVALUATION DATE 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 or lateral transfer. 5.05.03 SELF ASSESSMENT A self assessment form must be provided to employees by their immediate supervisor at least 30 days before the scheduled performance evaluation. The employee must return the completed form to his supervisor two weeks prior to the scheduled performance evaluation. 5.05.04 CORE STANDARDS EVALUATION Employees are evaluated over Core Standards once yearly on their annual performance evaluation date. Core Standards are the demonstrable characteristics of the person, including knowledge, skills, and behaviors that enable successful performance. These standards must be documented in writing and distributed to each employee. The Core Standards evaluation is a two-level system. The employee is either rated as "Meets Standards" or "Does Not Meet Standards." In order to be rated as not meeting conditions on a Core Standard, the employee must have received at least an oral reprimand in an area related to that Core Standard. Town of Westlake Personnel Manual Page 50 It is the supervisor's discretion whether or not an oral or written reprimand would be cause for an employee to be rated as not meeting Core Standards. 5.05.05 OVERALL EVALUATION RATING In order to be rated as not meeting Overall Standards: • The employee shall have received at least two oral reprimands on areas related to two different Core Standards, or • The employee shall have received a written reprimand on an area related to one Core Standard, or • The employee shall have consistently failed to meet goals as outlined on the Annual Work plan Overall ratings are linked to the discipline system to assure problem areas are discussed with employees throughout the year and not just at the time of the performance evaluation. This requirement in no way changes the at -will status of all employees. The merit raise may be withheld for up to one year if the employee is rated as not meeting Overall Standards. All supervisors will use the Performance Feedback Log to document both good and poor performance. Oral reprimands must be documented in the employee's Performance Feedback Log. The Performance Feedback Log must be submitted to the Human Resources Department annually at evaluation time and will become a part of the employee's personnel file. 5.05.06 EMPLOYEE WORK PLANS The employee and their supervisor will jointly develop a Work Plan annually during the performance evaluation. The Work Plan will establish a minimum of five goals/tasks the employee should accomplish over the next year. Work Plans are evaluated at the end of the one-year period. Barriers to task or project completion are taken into consideration when evaluating the Work Plan. Employees will be rated as "Meeting Standards" or "Not Meeting Standards" based on whether the established standards are met. Town of Westlake Personnel Manual Page 51 5.05.07 ADDITIONAL REVIEWS Employees may receive additional non -compensation reviews at any time throughout the year, as Determined by the Department Head. These additional reviews will be a discussion of the status of the work plan goals/tasks and coaching in regards to Core Standards. 5.05.08 PERFORMANCE IMPROVEMENT PLAN Employees who have received a written reprimand related to any one Core Standard and are rated as not meeting Overall Standards, will be placed on a Performance Improvement Plan. Employees who are rated as not meeting standards based on the established standards defined on the Work Plan will be placed on a Performance Improvement Plan. The Performance Improvement Plan may be from 90 days to one year as determined by the supervisor, the Department Director, and approved by the Town Manager or designee. Failure to meet Conditions of Standards or Work Plan Standards at the end of the plan results in termination. Employees who are placed on a Performance Improvement Plan will not be eligible for a raise until achieving a passing score on their next scheduled performance evaluation. 5.05.09 NEw HIREIPROMOTION Anytime a new employee is hired or a current employee is promoted, demoted, or laterally transferred, the employee will be placed on a three-month Introductory Work Plan. Within the first week of employment, the supervisors will develop a plan outlining the major goals, tasks and standards for which the employee will be accountable. The supervisors will coach and counsel the employee during the training period to ensure that the employee meets the established standards for the position. If the employee is unable to successfully perform the established goals/tasks or meet the established standards for the position, the employee will be subject to termination. The Introductory Work Plan may be extended up to an additional three months if the employee's supervisor believes that the employee could meet the established goals/standards within the extended timeframe. This Plan may also be restated and implemented if the employee demonstrates job-related deficiencies not stated on the original Introductory Work Plan. The Introductory Work Plan may not extend beyond a six-month period. Town of Westlake Personnel Manual Page 52 When an employee transfers laterally, he or she is not eligible for a merit increase until he has successfully completed the Introductory Period (including plan extensions). 5.05. 10 DEPARTMENT HEAD PERFORMANCE EVALUATIONS All Department Heads will be evaluated using the forms for the Department Head Evaluation System. Each Department Head will be required to complete a self-evaluation. They will then be evaluated over Departmental Core Standards and key results. A Department Head's merit increase will be based on his achievement of key results linked to organizational goals and strategies. No formal disciplinary action need be received in order for a raise to be withheld. The amount allocated for pay increases will be determined annually by the Board of Aldermen and is based on the broadband market analysis and merit pay. The increase is given the employee at the discretion of the Town Manager. 5.06 DPS DEPARTMENT RANK STRUCTURE COMPENSATION PLAN 5.06.01 CORE STANDARDS PERFORMANCE EVALUATION DPS Personnel are evaluated once a year on their anniversary date. The Core Standards Evaluation is a two level system. The employee is rated as "Meets Standards" or "Does Not Meet Standards." An employee must receive at least one written reprimand in order to be rated as "Does Not Meet Standards" on that Standard. The DPS Director, at his discretion, may withhold an employee's merit increase if the employee receives one suspension without pay. All supervisors will use the "Performance Feedback Log" to document both good and poor performance. Street Knowledge - Firefighters and Driver Engineers will be tested four times a year and the average score (80% and above is passing) determines whether the employee meets standards or not on that Standards. The DPS Director is responsible for administering the Street Knowledge tests. Town of Westlake Personnel Manual Page 53 The DPS Director, at his discretion, may withhold an employee's merit increase if the employee receives a suspension without pay. The Core Standards evaluation counts 50% and the Skills Tests combined count as 50%. If an employee fails the skills test, his or her increase is held pending successful completion of the Performance Improvement Plan in 3 months. 5.06.02 SKILL TESTS All DPS employees will be tested prior to their anniversary date. Tests consist of written questions over policies, procedures, Town ordinances, and current law, as well as demonstrated skills. A study guide will be posted annually. All tests will be administered by the Human Resources Department. Firefighter test questions are based on the National Fire Standards and departmental policies and established standards. An employee who fails a skill test will not receive the merit increase until he successfully passes the test. The employee will be eligible to retest every three months for one year. An employee who does not pass the skills test over a period of one year will be subject to termination. 5.06.03 WORK PLANS All DPS Personnel will be evaluated yearly on their anniversary date over Core Standards and the Work Plan. The DPS Director will be evaluated using the Department Head Evaluation System. Town of Westlake Personnel Manual Page 54 5.06.04 PERFORMANCE IMPROVEMENT PLAN If an employee fails one or more Core Standards on any one evaluation, he or she may be placed on a Performance Improvement Plan for up to one year as determined by the DPS Director. If the employee fails only the written test portion, the employee will be allowed to retest at the end of three months. An employee who is still below standards on the same Standard at the end of the Performance Improvement Plan is subject to termination. 5.07 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 through the chain of command, you should reference the Employee Grievance Policy located in this handbook. You have 10 business days from the date of your evaluation interview to initiate your formal complaint. 5.08 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. Town of Westlake Personnel Manual Page 55 SECTION 6 - EMPLOYEE BENEFITS 6.01 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 is 37.5 cents per mile and will remain consistent with the IRS -approved rate. In order to receive a mileage reimbursement, 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. 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). Enrollment forms are located in Human Resources. Direct deposit will cease at the time of termination. Final check arrangements will be made through Human Resources at the "exit interview." Town of Westlake Personnel Manual Page 56 6.03 EMPLOYEE LUNCHES Employees have the option to order lunches during the school year through the Westlake Academy Cafeteria. Orders must be made and paid for one month at a time, in advance. Orders may be made by obtaining a menu from the Westlake Academy Administration office and submitting payment by the specified deadline. 6.04 ENROLLMENT IN THE WESTLAKE ACADEMY 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. If employment ends for any reason before five (5) years of service, the employee's child will be allowed to finish the current semester before withdrawing from the Academy. If the employee is terminated during the summer break, the employee's child will not be allowed to begin the new school year. Upon completion of five (5) years of service, an employee's child may remain enrolled in the Westlake Academy regardless of employment status. For full disclosure of admission guidelines and procedures, please reference the Westlake Academy Admissions Policy, available in the school office. 6.05 HOLIDAYS The Town of Westlake will grant paid time off to regular full-time and full-time probationary/introductory employees for nine (9) 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 tracking saved holidays and when holidays are taken. Town of Westlake Personnel Manual Page 57 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, or based on department operations and subject to Department Head approval, employees may elect to save their holiday and take a 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. DPS personnel are permitted to bank unused holiday time. The maximum threshold in an employee's holiday bank is 432 hours, equivalent to two (2) year's 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. The Town shall observe nine (9) official holidays per year, which include the following: Thanksgiving Day in November Friday after Thanksgiving in November Christmas Eve, December 24th Christmas Day, December 25th New Year's Day, January 1st Memorial Day in May Independence Day, July 4th Labor Day, 1 at 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. Note: Holidays that fall on Saturday shall normally be observed on the preceding Friday and holidays that fall on Sunday shall normally be observed on the following Monday. Town of Westlake Personnel Manual Page 58 DPS personnel working twenty-four (24) hour shifts do not observe the Town's nine (9) designated holidays. They are eligible for nine (9) floating holidays to be scheduled and taken throughout the twelve (12) month period beginning October 1 of each year. If a firefighter's employment begins mid -year, the number of available holidays will be adjusted to reflect the number of upcoming holidays through September 30tH Firefighters who have not used all of their accrued holiday hours by the last pay period in the fiscal year shall be allowed to accrue holiday hours in the holiday bank until the maximum ceiling of 384 hours is reached. Firefighters may be paid at their current rate of pay for up to three (3) unused holidays upon separation, retirement, or death of the employee, provided however that the employee has given the appropriate two (2) week notice when applicable and is not being discharged as a result of criminal or civil misconduct involving Town property, personnel, or official position. Payment eligibility is outlined below. • Separation on October 1St through the day before Thanksgiving results in no payment of unused holidays. • Separation on Thanksgiving Day through December 23rd results in the payment of 1 unused holiday. • Separation on December 24th through December 31St results in the payment of 2 unused holidays. • Separation on January 1St results in the payment of 3 unused holidays. 6.06 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 Board of Aldermen 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 1St and ends on December 31St 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. Town of Westlake Personnel Manual Page 59 6.07 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 dependant coverage. Should an employee elect to carry insurance on a dependant, 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. 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, up to $50,000. Employees may purchase additional life insurance for amounts above $50,000. Life insurance is effective 90 days following the employee's date of hire and is discontinued upon termination of employment. Part-time employees may elect to purchase this coverage at the group rate. 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. 6.08 OTHER INSURANCE COVERAGE 6.08.01 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. Town of Westlake Personnel Manual Page 60 6.08.02 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. 6.08.03 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. 6.09 RETIREMENT 6.09.01 TEXAS MUNICIPAL RETIREMENT SYSTEM (TMRS) All regular full-time and probationary employees automatically become members of the Texas Municipal Retirement System. 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. Town of Westlake Personnel Manual Page 61 6.09.02 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. 6. 10 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/introductionary, seasonal, and casual 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. 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. 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 not required unless an employee is absent for more than three (3) consecutive work days/shifts, working an intermittent schedule or a reduced schedule, or if a statement is requested by the supervisor. The physician's statement should indicate the following: Town of Westlake Personnel Manual Page 62 • 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 acquired as a result of another job. 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 DPS Personnel shall accrue sick leave at the following rates: After 6 months of service 1-5 years service Over 5 years service Over 10 years of service Maximum accrual totals shall be as follows: DPS Personnel on 24-hour shifts All other employees 3 shifts 5 shifts per year 7 shifts per year 10 shifts per year 60 shifts 60 days Town of Westlake Personnel Manual Page 63 During the initial probationary/introductionary 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. 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. 6.1 1 USE OF THE 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 the Westlake Academy. Any organized team sports should be coordinated though the Director of Facilities and Recreation and will be limited to "open" hours. 6.12 VACATION BENEFITS Regular full-time and regular part-time employees are eligible for vacation benefits according to the guidelines set forth in this policy. Vacation pay will be based on the employee's straight -time pay rate when the benefit is taken. It does not include shift differentials, incentive pay, bonuses or other special forms of compensation. Employees may begin taking vacation leave after successful completion of their initial introductory period with their Department Head's approval in not less than one-hour increments. Vacation leave must be requested in writing using an "Employee Absence Form" and approved in advance by the Department Head or designee to ensure that it does not interfere with normal departmental operations. The original form is then forwarded to the Payroll Department for processing. It is the responsibility of each Department Head to ensure that all documents related to paid time off are sent to the Payroll Department. DPS Personnel are not required to use an Employee Absence Form. The DPS Department will utilize internal department procedures to schedule vacation shifts and provide coverage to maintain minimum staffing. The DPS Director must approve of shift changes and time off from work in advance. Town of Westlake Personnel Manual Page 64 Vacation leave will be charged 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 DPS Personnel shall accrue vacation 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 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, and must be used before the employee's first (1S) anniversary date. If the vacation remains unused at that time, it will be forfeited by the employee unless mandatory work schedules prevent any vacation from being taken. 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 one (1) year's vacation accrual. DPS 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. DPS personnel may bank up to two (2) years of accrued vacation in their vacation bank. Any unused vacation above this amount will be forfeited by the employee unless mandatory work schedules prevent any vacation from being taken. Town of Westlake Personnel Manual Page 65 Although earned vacation time accrues throughout the year, the full annual amount is made available to each employee at the beginning of the year. 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. Town of Westlake Personnel Manual Page 66 SECTION 7- EMPLOYEE COMPENSATION 7.01 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 and is payable in full upon termination, regardless of cause. 7.02 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. 7.03 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. DPS Personnel are subject to a 15 -day work cycle. Paydays fluctuate and are documented on the DPS 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. Town of Westlake Personnel Manual Page 67 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. 7.04 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 next payday. 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. 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/introductionary 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. Town of Westlake Personnel Manual Page 68 7.06 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. Each time sheet will be signed by the employee indicating that the time recorded is correct. Any category of time recorded on time sheets must be in no less than 15 -minute increments as this is the smallest increment of time recorded for timekeeping purposes. Falsification of a timesheet may be punishable by disciplinary action, up to and including termination. Town of Westlake Personnel Manual Page 69 SECTION 8 -- LEAVE AND ABSENCES 8.01 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. DPS 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. 8.02 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. 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. Town of Westlake Personnel Manual Page 70 8.03 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 as long as the physician indicates that the employee is capable of performing her job duties safely and satisfactorily. Employees will be allowed up to twelve (12) weeks of unpaid leave. 8.04 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. 8.05 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. Town of Westlake Personnel Manual Page 71 8.06 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 40 hours total (deducted from vacation bank) 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. Town of Westlake Personnel Manual Page 72 SECTION 9- DISCIPLINARY PROCEDURES 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 Reprimand 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 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 the supervisor should sign the form. Included in the written reprimand should be a statement of what violation occurred, what changes in behavior are expected, when the next evaluation will be held, and exactly what penalty will occur if no changes are made. 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. Town of Westlake Personnel Manual Page 73 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/introductionary 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 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. Town of Westlake Personnel Manual Page 74 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 Town of Westlake Personnel Manual Page 75 9.03 GRIEVANCE PROCEDURES The Town of Westlake shall treat all employees equitably and fairly in matters affecting employment. Open Door Policy As a matter of policy, employees are encouraged to first discuss any problem or concern about work with the immediate supervisor. If the problem is not resolved to the employee's satisfaction, the employee may discuss the problem with the supervisor's manager, Department Head, or Human Resources Manager. If the problem or concern is not resolved through these channels, the employee may file a formal grievance in writing for the following reasons: 1. Dissatisfaction with specific working conditions and/or safety issues; 2. Dissatisfaction with job classification; 3. Allegation of discrimination or unfair, inequitable treatment; 4. Unfair applications, interpretation, or violation of Town or departmental rules or regulations; 5. Disciplinary action taken against the employee. Non-Grievable Issues 1. Performance evaluations; 2. Matters that are not subject to the control of Town management. Freedom From Reprisal No employee acting in an official capacity shall take, infer, knowingly permit another employee, or threaten to take any act of reprisal against an employee because of exercising or expressing an intention to exercise their right to pursue a grievance. To be fully effective, the spirit as well as the letter of the grievance procedure must be enforced. Limitations and Conditions for Filing a Grievance 1. A grievant must be a Town of Westlake employee. 2. The employee should meet with the Department Head as soon as reasonably practical, unless it is a discrimination complaint where Federal law sets the time limit. Town of Westlake Personnel Manual Page 76 Filing Process Oral Presentation All complaints and grievances, including discrimination and/or harassment grievances, should be initially presented orally to the employee's immediate supervisor. If the complaint or grievance is against the employee's immediate supervisor, the complaint or grievance may be presented initially to the employee's Department Head. If the complaint or grievance is against the employee's Department Head, the complaint or grievance may be presented to the Human Resources Manager and a hearing with the Town Manager will be arranged. The complaint or grievance should be thoroughly discussed by the parties in order that every effort is made to resolve the matter to the mutual satisfaction of employee and supervisor. If the complaint or grievance is resolved at the time of the oral presentation, the complaint or grievance must be reduced to writing by either the complainant or the immediate supervisor, and must be signed by both parties. Should the oral presentation be considered unsatisfactory, the recommendations for resolution should be reduced to writing and the employee may pursue further resolution by preparing a formal written complaint or grievance. The original signed written response shall be forwarded to the Human Resources Manager upon completion for filing or furthering the complaint process. Written Presentation If the oral presentation with the employee's immediate supervisor fails to resolve the matter, the employee shall have the right to file a formal written complaint or grievance (see Forms Appendix) within five (5) working days to the Department Head through the Human Resources Manager. The written complaint or grievance must be presented clearly and include the following information: • The nature of the matter stating the specific wrongful act or harm done; • The charge of the discrimination or harassment (if applicable); • 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 complaint or grievance; • The remedy or adjustments sought. The Department Head and the employee's immediate supervisor shall meet with the employee within five (5) working days of receipt of the written complaint or grievance to discuss the matter. In an effort to resolve the matter, the complaint or grievance shall be thoroughly discussed by all parties involved. The decision by the Department Head shall be presented in writing to the employee within five (5) working days after the meeting. Town of Westlake Personnel Manual Page 77 1. Appeal to the Town Manager Should the resolution of the Department Head be unsatisfactory to the employee, the employee may appeal the decision to the Town Manager through the Human Resources Manager. The Human Resources Manager shall arrange a hearing with the Town Manager within a reasonable period of time. The Town Manager shall determine whether further investigation into the matter is necessary or a hearing shall be arranged with the employee through the Human Resources Manager. 2. Investigation If, at any time during the filing of a complaint or grievance, the Town Manager deems that due to the nature of the complaint or grievance an investigation is warranted, the procedures of an investigation shall follow. The Town Manager shall instruct the Human Resources Director, or another designee, to investigate the complaint or grievance on behalf of the Town and provide a written document to the Town Manager of the findings in the investigation. 3. Town Manager Resolution Upon review of the findings of the investigation, and reviewing all documents prepared during the original meetings, the Town Manager shall meet with the complainant within a reasonable period of time to discuss the issues presented. After the hearing, the Town Manager shall prepare a written response to the complainant within ten (10) working days of the meeting unless an extension is requested. The complainant shall read and sign the decision, and return the original to the Human Resources Manager for filing. 4. Final Appeal After appeal to the Town Manager there is no other source for appeal. The Town Manager's decision will remain the final decision. Town of Westlake Personnel Manual Page 78 Time Limits Any time limit specified in the procedural steps of the complaint or grievance process may be extended by mutual agreement of both parties through the Human Resources Manager. Department Head and Supervisor Responsibilities Department Heads and Supervisors must treat all complaints and grievances seriously and confidentially. Each case shall be promptly and thoroughly investigated to determine whether the complaint or grievance occurred. All complaints and grievances shall be handled in accordance with the procedural steps as outlined previously. The original documents of all grievance or complaint documentation must be forwarded to Human Resources for purposes of retention and examination. Grievance and Complaint Records The Human Resources Manager will review complaint and grievance records annually to observe trends in the filed complaints and grievances so that steps may be taken to minimize the causes of such grievance and complaints in the future. To the extent practicable and allowed by the Texas Public Information Act, the Town will keep complaints and the terms of resolution confidential. The Human Resources Manager is responsible for the coordination of grievance and complaint procedures and the maintenance and control of complaint and grievance records. Records are retained for the period of time stated in accordance with Texas State law. Only the specific pages upheld relating to employee disciplinary matters shall be retained in an employee's personnel file. Town of Westlake Personnel Manual Page 79 SECTION 10 -TERMINATIONS 10.0 1 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 and department will complete the Personnel Status Change form and submit to the Human Resources Department. 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 will be paid with 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. Town of Westlake Personnel Manual Page 80 10.02 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 provide identical coverage under the plan 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. Town of Westlake Personnel Manual Page 81 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. Town of Westlake Personnel Manual Page 82 1 0.03 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. 10.04 REDUCTION IN WORK FORCE The Town of Westlake may be forced to layoff 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. 10.05 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 as such. Town of Westlake Personnel Manual Page 83 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. Town of Westlake Personnel Manual Page 84 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 Board of Aldermen or other Town Board. 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 Manager For the purpose of this policy, shall mean Human Resources Manager 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. Town of Westlake Personnel Manual Page 85 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 (OASDI) 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 20 or more hours, but 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. 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 of Westlake Personnel Manual Page 86 Town Manager The designated chief executive officer responsible to the Board of Aldermen 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 position that does not result in either 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. Town of Westlake Personnel Manual Page 87 THE TOWN OF WESTLAKE / WESTLAKE ACADEMY iaa AUTHORIZATION AGREEMENT FOR DIRECT DEPOSIT Name (Please print) Department Social Security Number Phone number: Please check one: Initial Set -Up Date: Payroll ID No. E-mail: Change (if known) Cancel NOTE: Deposits are processed through electronic funds transfer. It is essential that we have your exact account number so that we can identify your bank's branch number. Forms which are received late, or with incomplete/inaccurate information, will result in delay in payment. PLEASE ATTACH ONE OF YOUR CHECKS MARKED "VOID" to ensure that we have all the correct information. Please check here if this is a change to current information Effective Date Bank Branch (street address) City: State Zip Code Routing Number Account Number EMPLOYEE AUTHORIZATION I authorize The Town of Westlake to deposit by electronic transfer my payroll amounts to the financial institution and account indicated above. I acknowledge responsibility for providing complete and accurate information on this authorization form and understand that the payroll office reserves the right to reverse an incorrect posting; however, I fully understand that the payroll office must notify me on or before the settlement date (payday) and explain the reason for reversal. I further understand that it will be my responsibility to contact the Payroll Office prior to making changes to my account, i.e., closing account, changing banks, etc. Signature Page 89 EMPLOYEE COMPLAINT/GRIEVANCE FORM Employee Name: Title: Check One: ❑ Complaint ❑ Grievance Supervisor's Name: Title: Department: 1. Has this complaint or grievance been discussed with your immediate supervisor? YES NO If Yes, Date Discussed: Subject of complaint/grievance: 2. What is the specific action or situation which causes you to file this complaint/grievance? Be very specific with all information. A. Date (When did this action or situation happen?): B. Location (Where did this action or situation happen?): C. Approximate Time: D. Name of Person(s) Responsible for causing this action or situation: E. Specific action or situation (Describe what happened to cause you to file this grievance): (Use attachment if necessary) 3. What do you feel is the resolution to this specific situation? (Use attachment if necessary) Employee's Signature: Date Submitted: NOTE: The Heads of Departments will assist employees in filing grievances. I acknowledge receipt of this complaint/grievance by hand delivery on the date indicated. Department Head Signature: Date: Title : EMPLOYEE GRIEVANCE DISPOSITION RESPONSE Employee Name: Date Grievance was Received: 1. What do you see as the specific issues in this grievance? (Use attachment if necessary.) (Response should include all areas under #2 of Employee Grievance.) 2. What action can or will you take to resolve employee's grievance? (Use attachment if necessary.) 3. What is the basis for your decision and/or action? (Use attachment if necessary.) Supervisor's Signature: Date: Title: I acknowledge notification of this Grievance Disposition on the date indicated below. I accept this response as satisfactory resolution to my grievance: YES NO Employee's Signature: Date: Supervisors are reminded to address and respond to each specific issue within 5 days. The Human Resources office is available to assist supervisors with any questions. �4 . ,r✓� Employee Accident / Incident Report (Please print legibly. *See back of form for definitions and instructions) Employee's full name Job Title SSN Employee is FT a PT i Hire Date Department Ext. Male ❑ Female i- Date of birth / / Home Phone Home address: Employee's supervisor Date of incident / / Time employee began work AM / PM Time of incident Where did the incident occur? *Building name or *Location detai Name of person notified about incident Name of Witness AM / PM Room number Time of notification AM / PM Witness phone number (if known) *What were you doing immediately before the incident occurred? Describe the activity, as well as the tools, equipment or materials you were using. Be specific. What happened? (Tell us how the injury occurred.) *What was the injury or symptoms? (Include type, side of body, body part) What object or substance directly harmed the employee? (if this question does not apply leave blank) Recommendation on how to prevent this accident from recurring: Was treatment administered? If so, by whom?: Employee signature: Supervisor signature: Date: Date: Incident Report Employee EMPLOYEE ABSENCE FORM This form should be completed and presented before the date of the anticipated absence (i.e., vacation, jury duty, comp time) whenever possible. Unanticipated absence (i.e., illness) should be reported promptly after returning to work. Exempt (or salaried) employees are not required to obtain supervisor approval. Non-exempt employees (hourly) should submit this form to their supervisor for approval prior to forwarding to the Human Resources Office. PLEASE CHECK ONE: ( ) Request for Absence ( ) Report of Absence Name: Department: Date(s) of Absence: Number of Working Hours: Nature of Absence: ( ) Sick Leave ( ) Vacation ( ) Other Reason for Absence: SIGNATURES: (exempt employees are not required to obtain supervisor approval) Employee: Supervisor: Payroll : Date: Date: Date: Page ss �4 . ,r✓� Employee Accident / Incident Report (Please print legibly. *See back of form for definitions and instructions) Employee's full name Job Title SSN Employee is FT a PT i Hire Date Department Ext. Male ❑ Female i- Date of birth / / Home Phone Home address: Employee's supervisor Date of incident / / Time employee began work AM / PM Time of incident Where did the incident occur? *Building name or *Location detai Name of person notified about incident Name of Witness AM / PM Room number Time of notification AM / PM Witness phone number (if known) *What were you doing immediately before the incident occurred? Describe the activity, as well as the tools, equipment or materials you were using. Be specific. What happened? (Tell us how the injury occurred.) *What was the injury or symptoms? (Include type, side of body, body part) What object or substance directly harmed the employee? (if this question does not apply leave blank) Recommendation on how to prevent this accident from recurring: Was treatment administered? If so, by whom?: Employee signature: Date: Incident Report Employee Election of Payroll Deductions for Section 125 Please check one: F-1Yes, I would like to participate in the Town of Westlake Section 125 Cafeteria Plan. My annual elections are listed below. No, I do not wish to participate in the Town of Westlake Section 125 Cafeteria Plan. I understand that I will not F-1 be eligible to enroll during the plan year unless I experience an IRS -qualified change in family status. January 1, 2005 to December 31, 2005 Annual Amount Employee Initials Child or Dependant Care Expense Reimbursement (IRS maximum $5,000 annual) $ Medical/Medical Related Expense Reimbursement (IRS maximum $5,000 annual) Group Health/Dental Insurance Premiums Pre -Tax Deduction (Indicate yes / no) E9 I authorize the Town of Westlake/Westlake Academy to make the above payroll deductions on a "before -tax basis". I understand these deductions can only be discontinued or changed if I experience changes in family status as outlined by the IRS. Employee Name (Printed) Employee Signature Date TOWN OF WESTLAKE I WESTLAKE ACADEMY 2004-2005 HOLIDAY I PAYDAY CALENDAR Su Mo OCTOBER JANUARY Th Fr Sa ®®EEM®® Mo Tu We Th Fr Sa EMEMEM© 4 5 6 1 ©ENEMpu 11 4 5 6 7 8 NE®®ENE 10 11 12 13 15 MEN®® 17 18 19 22 P® 23 E®®®®®® 25 26 27 29 30 31 3 - New Years Day Su Mo Tu JANUARY Th Fr Sa Su Mo Tu We Th Fr Sa 3 4 5 6 1 2 11 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 29 30 31 3 - New Years Day Su Mo Tu We Th Fr Sa Su Mo Tu We 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 29 30 r3—,r Su MoTu NOVEMBER We Th Fr Sa Su Mo Tu We Th Fr Sa 2 3 2 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 30 r3—,r 4 - Independence Day Su Mo NOVEMBER We Th Fr Sa Su Mo Tu We Th Fr Sa 7 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 27 28 29 30 21 p� E®MEMEM 25,26 - Thanksgiving Su Mo FEBRUARY We Th Fr Sa ®WEEN®® 2 3 4 5 7 ■.E©©E© 9 10 11 12 13 14 15 MENEMP 17 18 19 1 21 22 11 ® ®E®EE®N 25 26 27 28 29 30 16 MENEM25 18 31- Memorial Day 20 21 p� E®MEMEM 25 26 28 29 30 Su Mo Tu We Th Fr Sa 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 1 21 22 23 24 25 26 27 28 29 30 16 P® 18 31- Memorial Day Su • AUGUST ®E®® EE©©E©M ®®®®AIN® Su Mo MENE■ We Th Fr Sa P 1 E®EE®E® 1 2 4 5 E®®®® 7 8 9 26 P ®MEEENM 13 14 15 16 P® Su SEPTEMBER Mo Tu DECEMBER MARCH ®®®®AIN® Su Mo Tu We Th Fr Sa 7 1 2 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 P® 18 19 20 21 22 23 25 26 28 29 30 24 – Christmas Eve 27 - Christmas Su SEPTEMBER Mo Tu WeTh MARCH ®®®®AIN® Mo Tu We Th Fr Sa ■ENEME© 6 7 1 2 MENEM 5 6 7 1 IN MENNE®M 12 13 14 15 NE®®E25 19 20 21 P® ®®®NEEM 26 27 28 29 30 Su SEPTEMBER Mo Tu WeTh Fr Sa Su Mo Tu We Th Fr Sa 6 7 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 29 30 Su SEPTEMBER Mo Tu WeTh Fr Sa 1 2 3 4 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 29 30 5 - Labor Day MWEENE® JANUARY OCTOBER ®®E®ME® ®®E®M®® MEN■©IPPE ,D ©©�� 0 ©TSD O©O ■■■■■E© TSD ©EM TSD TSD P M ©® TSD TSD EM©M ■®® P M �PMENEM 18 EN® P®®N TSD 22 P M IN IN ®- Pte, TSD ENE 22 P ® M® 26 P®®®® SD ■■■ MWEENE® JANUARY APRIL ®®E®ME® ®®EEMEW MEN■©IPPE ,D ©©�� 0 ©TSD O©O ..■■■■E TSD ©EM TSD TSD P M ©TSD TSD ©©O 10 ■®® P M IMME®®®® 18 EN® P®®N TSD 22 P M IN IN 17 PPE 24 P 18 TSD MENEM EWE 25 P 22 P ® MI® SD ■■■ MWEENE® NOVEMBER APRIL ®®E®ME® MWEEME® MEN■©IPPE ,D ©©�� 0 ©TSD O©O ■■■■■E® TSD ©EM TSD TSD P M ©TSD MTSD 20 MEN ©EN 10 ■®® P M ME®®E®N 18 EN® P®®N TSD 22 P M 17 PPE 18 TSD®® ®M®®® P�®E 25 P 22 P M M®M®®®® SD ■■■ MWEENE® NOVEMBER JULY ®®E®ME® WEEMME® MEN■©IPPE ,D ©©�� 0 ©TSD O©O IN TSD ©EM TSD TSD P M INEMEMME MTSD 20 MEN 6 10 ■®® NP MEMMEM. INTSD 18 EN® P®®N TSD 22 P M MENEENE 22 P ®M®®® P�®E 25 P ®® NP X11 SD ■■■ TOWN OF WESTLAKE DPS PERIOD ENDsIMSD= TIME SHEETS DUE = P= PAY ®®E®M®® NOVEMBER FEBRUARY ®®E®ME® WEEMME® MEN■©IPPE ,D ©©�� 0 ©TSD O©O -M©■ P ME®®M 17 PPE P TSD TSD ©M O©OP MTSD 20 MEN 6 10 ■®® NP MEMMEM. ®®ME■ 16 P®®N TSD T19 SD M ®®®® 22 P ®M®®® P�®E 25 P ®® NP M®■■■■■ SD ■■■ ®®E®M®® SEPTEMBER FEBRUARY ®®E®ME® ®®E®MI®® MEN■©IPPE ,D ©©�� 0 ©TSD O©O ■■■ P ME®®M 17 PPE P TSD ©M© P WE8BEEN MTSD 20 MEN 6 MMEN 4 NP MEMMEM. ®WELL 16 P®®N TSD WE ■ M®®23 22 P ®M®®® P�®E 5 NP M®■■■■■ SD ■■■ ®®E®M®® SEPTEMBER MAY ®®E®ME® M®T MEN■©IPPE ,D ©©�� 0 ©TSD O©O © ®I ®® P ME®®M 17 PPE P 18 TSD ®M®® �E® P ®®®■■■■ MTSD 20 MEN 6 MMEN 4 NP MEMMEM. WETSD®E® 16 P®®N p MN ■ DECEMBER SEPTEMBER AUGUST ®®E®ME® WNWENE® MEN■©IPPE 0 ©TSD O©O ■ TSD ©©O ®®®®M� P M©MEM®® MTSD 20 MEN 6 MMEN 4 NP MEMMEM. WETSD®E® 16 P®®N p MN ■ ® 22 P ®M®®® 5 NP MENT31 SD ■■■ DECEMBER SEPTEMBER MARCH ®®E®ME® ®®E®IN®® MEN■©IPPE 0 ©TSD O©O ■■M©■ P ®®®®M� TSD OO©OP MTSD 20 MEN 6 MMEN 4 NP MEMMEM. ®®®ME®MI P®®N p WNWENE® SEPTEMBER MARCH ®®E®IN®® TSD ©M ■■M©■ 8MEN TSD OO©OP 6 MMEN 10 ■® N ®®®ME®MI P®®N p MN ■ MTSD 21 ENE 5 NP MMEMEM. WNWENE® SEPTEMBER JUNE ■■■■ TSD ©M MEN 8MEN ®®®®M 6 MMEN T17 SD N EWEN23 P®®N p MN ■ M®®M®■. SEPTEMBER ®®IM®MM® ■■■■M©© WE 6 MMEN M®® ®EN21 NEEK P®®N T15 SD 29 PPE EN 30 TSD ■ EMPLOYEE TRAVEL REQUEST This form should be completed and presented for approval in advance before traveling on Town business. All estimated expenses should be listed. Name: Department: Date(s) of Travel: Number of Working Hours: Purpose for Travel: Estimated Expenses: Flight: Hotel: Car Rental / Mileage: Meals: Phone: Other: Signatures.- Employee: ignatures: Employee: Date: Town Manager: Date: