2001Ffen�
REVISED MARCH 27, 2001
TABLE OF CONTENTS
Page
FORWARD/DISCLAIMER 5
INTRODUCTION TO THE CITY 6
CHAPTER 1 ORGANIZATION FOR PERSONNEL ADMINISTRATION
1.1 Mayor - City Council 7
1.2 Civil Service Commission 7
1.3 City Administrator 7
CHAPTER 2 EQUAL EMPLOYMENT OPPORTUNITY
2.1
Policy 8
2.2
Equal Employment Officer 8
2.3
Affirmative Action 8
2.4
Discrimination Complaints 8
2.5
Disability Accommodation 8
2.6
Immigration Law Compliance 9
CHAPTER 3 METHOD OF FILLING VACANCIES
3.1
Vacancy Identification
10
3.2
Promotion Policy
10
3.3
Competitive Selection
10
3.4
Noncompetitive Selection
10
3.5
Voluntary Demotion
11
3.6
Demotion in Lieu of Lauf
11
3.7
Lateral Transfer
11
3.8
Special Employment Programs
11
3.9
Temporary Positions
11
CHAPTER 4 RECRUITMENT AND SELECTION
4.1
Vacancy Announcements
12
4.2
Purpose and Design of Application Forms
12
4.3
Filing of Applications
12
4.4
Initial Processing of Application
12
4.5
Evaluation of Qualifications
13
4.6
Disqualification
13
4.7
Selecting Officials
14
4.8
Interviews
14
4.9
Documentation and Notification
14
1
Page
CHAPTER 5 APPOINTMENT
5.1 Appointing Authority. 15
5.2 Appointment Types 15
5.3 Employment of Relatives 15
5.4 Residence 15
5.5 Processing and Orientation 15
CHAPTER 6 INTRODUCTORY PERIOD
6.1 Requirement 16
6.2 P=ose 16
6.3 Failure of Introductory Period 16
CHAPTER 7 EMPLOYEE DEVELOPMENT AND EVALUATION
7.1 Employee Development Policy 17
7.2 Performance Evaluation Requirement 17
7.3 Purpose of Evaluations 17
CHAPTER 8 ATTENDANCE AND LEAVE
8.1
Work Schedules and Attendance
18
8.2
Overtime
18
8.3
Vacation Leave
18
8.4
Sick Leave
19
8.5
Funeral Leave
21
8.6
Administrative Leave
22
8.7
Leave Without Pay
24
8.8
Medical Leave of Absence
24
8.9
Absence without Leave
26
8.10
—Holidays
26
8.11
Maternity/Paternity Leave
27
8.12
Emergency Closings
28
CHAPTER 9 EMPLOYEE RESPONSIBILITIES AND CONDUCT
9.1
Basic Employee Responsibilities and Conduct
29
9.2
Supervisory Responsibilities
29
9.3
City Property
30
9.4
Assigned Vehicles
30
9.5
Outside Employment
30
9.6
Conflicts of Interest
30
9.7
Political Activity
31
2
9.8 Solicitation 31
9.9 Harassment Prohibited 31
9.10 Confidentiality 32
9.11 Use of Equipment and Vehicles 33
CHAPTER 10 DISCIPLINARY ACTION
.10.1
Types of Disciplinary Action
34
10.2
Written Reprimand
34
10.3
Suspension
34
10.4
Demotion
34
10.5
Dismissal
34
10.6
Final Arbiter
35
10.7
Civil Service
35
CHAPTER 11 APPEALS AND GRIEVANCES
11.1 Appeal Procedure 36
11.2 Grievance Policy 36
11.3 Grievance Procedure 36
CHAPTER 12 RESIGNATION. LAYOFF AND INCAPACITY
12.1 Resignation 37
12.2 Retirement 37
12.3 Layoff 37
12.4 Separation for Incapacity 38
12.5 Benefits Continuation ICOBRM 38
CHAPTER 13 REINSTATEMENT
13.1 Following Resignation 39
13.2 Reinstatement of Benefits (Bridging) 39
13.3 Following Layoff 39
13.4 Following Separation for Incapacity 39
CHAPTER 14 COMPENSATION PLAN
14.1
Pay Deductions
40
14.2
Pay DaX
40
14.3
Overtime Pay
40
14.4
Wages in Advance
41
14.5
Employee Benefits
41
3
Page
14.6 Clothing and Uniform Allowance 42
14.7 Education Benefits 42
14.8 Certification 43
14.9 Call Reimbursement
CHAPTER 15 CONFERENCES AND TRAVEL
151
Approval
44
15.2
Arrangements
44
15.3
Expenses
44
15.4
Other Auto Expenses
44
CHAPTER 16 SAFETY
16.1 Training 45
16.2 Accident and Injury Reporting 45
CHAPTER 17 MISCELLANEOUS PROVISIONS
17.1
Personnel Records
46
17.2
Status Changes
46
17.3
Suggestions
46
CHAPTER 18 SUBSTANCE ABUSE TESTING POLICY
18.1
Definitions
47
18.2
Substance Abuse Testing Policy
50
18.3
Prohibited Drugs
51
18.4
Testing Program Guidelines
51
18.5
Alcohol Testing
53
18.6
Split Sample Testing of Urine Specimens
53
18.7
Confidentiality
54
18.8
Pre-employment Applicant Testing and Procedure
54
18.9
Reasonable Suspicion Testing
55
18.10
Post -Accident Testing
58
18.11
Return to Duty and Follow-up Testing
59
18.12
Random Testing
60
18.13
Refusing to Take a Test
61
CONCLUSION 62
INDEX 63-65
4
The purpose of this handbook is to introduce each employee to the City of Blair. It will provide you with
some insight into how the City works and how you fit into the City as a whole. The handbook contains
information on the personnel policies that affect you directly and extend to every individual employee as
well as groups of employees throughout the City organization.
This handbook is designed to answer questions that may arise concerning your job. If you have any
questions about the policies or statements contained in this handbook or a question not addressed in this
handbook, contact your department head for additional information.
DISCLAIMER
There are several things that are important to keep in mind about this handbook. First, it contains only
general information and guidelines. It is not intended to be comprehensive or to address all the possible
applications of, or exceptions to, the general policies and procedures described. For that reason, if you
have any questions concerning eligibility for a particular benefit, or the applicability of a policy or
practice to you, you should address your specific questions to the City Administrator. Neither this
handbook nor any other City document confers any contractual right, either express or implied, to
remain in the City's employ. Nor does it guarantee any fixed terms and conditions of your
employment. Your employment is not for any specific time and may be terminated at -will, with or
without cause and without prior notice, by the City, or you may resign, for any reason, at any time.
Second, the procedures, practices, policies and benefits described here may be modified or discontinued
from time to time. We will always try to inform you of any changes as they occur.
Finally, some Group Insurance Plans are not described in detail in this handbook, but are covered in
detail in official policy documents. You should refer to these documents for specific information.
5
INTRODUCTION TO THE CITY
Since founded, Blair has grown to a population of 7500, and our City Government has likewise grown to
meet its increasing needs.
Why does the City exist in the first place? There are several answers to this question. The basic answer is
"The City exists to provide services to the citizens of the community which cannot as effectively be
provided by any other institution or organization." The City provides many services. Some are more
traditional, such as police protection, fire protection, and maintenance of safe and adequate streets. Other
services are more recent in origin, such as Parks and Recreation, Cemetery, Library, maintenance of
building standards, and other Community services. Revenues to pay for many of these services are
provided through the levying of taxes on the community, primarily property tax. Billing users for the
services provided provides revenues for other services, such as water, sewer, etc.
All of the services the City provides are important to the citizens of the community. The duality of life in
Blair depends upon the services provided by the Ci1y. and the quality of the City services depends on how
well you do your job.
C
CHAPTER 1
ORGANIZATION FOR PERSONNEL ADMINISTRATION
1.1 Mayor - City Council
The Mayor and City Council shall be the ultimate policy making authority for the City of Blair in matters
pertaining to personnel administration.
1.2 Civil Service Commission
The Civil Service Commission has within its purview all full-time employees of the Police Department,
including the Chief of the Department. The Commission is charged with the responsibility of making
suitable rules and regulations detailing the manner in which examinations may be held; appointments,
promotions, transfers, reinstatements, demotions, suspensions, and discharges may be made; and for any
other matters which may be considered desirable to further carry out the general purposes of Nebraska Rev.
Stat. 19-1801 to 1823 or which may be found to be in the best interest of good personnel administration.
All appointments to and promotions in such Department shall be made solely on merit, efficiency, and
fitness, which shall be ascertained by open competitive examination and impartial investigation. The
Commission shall establish and maintain at all times a list of those eligible for appointment to, or
promotion within, the Department.
1.3 City Administrator
The City Administrator, as chief executive officer, shall be responsible for the proper administration of the
personnel management system by:
(a) Ensuring that appointments are based on merit and fitness;
(b) Maintaining a sound position classification plan;
(c) Equitably administering the compensation plan;
(d) Ensuring that the City is an equal opportunity employer;
(e) Maintaining employee discipline;
(f) Ensuring high employee productivity;
(g) Maximizing employee development opportunities;
(h) Ensuring fair and effective appeal and grievance procedures;
(i) Fostering good employee relations; and
(j) Issuing such administrative directives as are necessary to
implement these rules.
7
CHAPTER 2
EQUAL EMPLOYMENT OPPORTUNITY
2.1 Policy
The City of Blair is an equal opportunity employer. Discrimination against any person in recruitment,
selection, appointment, classification, compensation, duty assignment, work schedule, working condition,
leave authorization, training promotion, discipline, retention, or any other aspect of personnel management
because of political or religious opinions or affiliations; or because of race, color, national origin, marital
status, veteran status, or other non -merit factors is prohibited. Discrimination on the basis of age, sex, or
physical requirements is prohibited except where specific age, sex, or physical requirements constitute
statutory or other bona fide occupational qualifications necessary to property and efficient administration.
2.2 Equal Employment Officer
The City Administrator shall act as or shall designate an Equal Employment Officer, who shall initiate or
maintain any special records or controls necessary to implement the policy of equal employment
opportunity. The Equal Employment Officer shall identify and analyze problem areas, develop realistic
program objectives, assess progress and periodically update the objectives as necessary. He or she shall
recommend any changes in rules, regulations, policies, or procedures that, however unintentionally, may
operate as unnecessary barriers inhibiting equality of opportunity. All City employees shall cooperate with
the Equal Employment Officer in attaining the program objectives.
2.3 Affirmative Action
Should minorities and/or women be significantly underrepresented in a segment of the City work force in
relation to the available skills in the relevant labor markets, the Equal Employment Officer, with the
objective of causing the imbalance to be rectified, shall initiate the development of an affirmative action
plan incorporating, as appropriate, specific employment goals and timetables based on turnover and hiring
projections. Department and division heads shall be involved in both the development and the
implementation of the plan. The affirmative action plan shall include outreach recruitment, employee
development, and/or other activities targeted to produce well-qualified minority and/or women applicants
as appropriate.
2.4 Discrimination Complaints
Employees alleging prohibited discrimination shall have the option of using the established appeal and
grievance procedures as appropriate. Outside applicants shall have the option of filing complaints with the
Equal Opportunity Officer, who shall respond in a timely and appropriate manner after conducting any
necessary investigations. No person shall be subject to reprisal for good -faith participation in a
discrimination complaint proceeding in any official forum.
2.5 Disability Accommodation
0
The City is committed to complying fully with the Americans with Disabilities Act (ADA) and ensuring
equal opportunity in employment for qualified persons with disabilities. All employment yment practices and
activities are conducted. on a non-discriminatory basis.
Reasonable accommodation is available to all disabled employees, where their disability affects the
performance of job functions. All employment decisions are based on the merits of the situation in
accordance with defined criteria, not the disability of the individual.
Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or
changes in compensation) as well as in job assignments, classifications, organizational structures,
positions, descriptions, lines of progression, and seniority lists. Leave of all types will be available to all
employees on an equal basis.
The City is also committed to not discriminating against any qualified employees or applicants because
they are related to or employed with a person with a disability. The City will follow any state or local
law that provides individuals with disabilities greater protection than the ADA.
This policy is neither exhaustive nor exclusive. The City is committed to taking all other actions
necessary to ensure equal employment opportunity for persons with disabilities in accordance with the
ADA and all other applicable federal, state, and local laws.
2.6 Immigration Law Compliance
The City is committed to employing only United States citizens and aliens who are authorized to work in
the United States and does not unlawfully discriminate on the basis of citizenship or national origin.
In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a
condition of employment, must complete the Employment Eligibility Verification Form I-9 and present
documentation establishing identity and employment eligibility. Former employees who are rehired
must also complete the form if they have not completed an I-9 with the City within the past three years,
or if their previous I-9 is no longer retained or valid.
Employees with questions or seeking more information on immigration law issues are encouraged to
contact the City Administrator. Employees may raise questions or complaints about immigration law
compliance without fear of reprisal.
PJ
CHAPTER 3
METHOD OF FILLING VACANCIES
3.1 Vacancy Identification
Department heads shall notify the City Administrator as soon as they become aware of actual or impending
vacancies in their organizations. No vacancy may be filled without the authorization of the City
Administrator, who shall specify the selection process or processes to be used.
3.2 Promotion Policy
A promotion is the assignment of an employee from a position in one class to a position in another class
having a higher maximum salary. The City shall provide promotional opportunities whenever feasible.
City employees may also apply and be considered for any position in the same manner as members of the
general public.
3.3 Competitive Selection
When a competitive selection process is to be used, the City Administrator, according to the best interest of
the City, may designate the area of consideration of applicants from the following:
(a) The selection process may be limited to persons in the City service or a segment thereof;
(b) The selection process may be opened to the general public without special preference or
consideration for any City employees who apply; and
(c) The selection process may include both City employees and members of the general public,
with City employees given preference in application and/or consideration.
3.4 Noncompetitive Selection
When, in the best interest of the City, the City Administrator may specify a noncompetitive selection
process. Vacancies may be non -competitively filled with qualified persons by the following means:
(a) Reinstatement of a former City employee, as described elsewhere in these rules;
(b) Demotions for cause, as described elsewhere in these rules;
(c) Voluntary demotion;
(d) Re -promotion of an employee previously demoted in lieu of layoff;
(e) Lateral transfer; and
10
(f) Special employment program.
3.5 Voluntary Demotion
Demotion is the assignment of an employee from a position in one class to a position in another class
having a lower maximum salary. An employee may be demoted at his or her own request if in the best
interest of the City.
3.6 Demotion in Lieu of Layoff
An employee may be demoted as an alternative to a layoff. Such demotion may be fully or partially
rescinded at any time through noncompetitive re -promotion.
3.7 Lateral Transfer
Lateral transfer is any assignment from one position to another not involving a promotion or demotion. A
lateral transfer may be affected at any employee's request or for reasons of administrative necessity. In
appropriate circumstances, the City Administrator shall ensure that notices are posted in City departments
and divisions soliciting applications for lateral transfer.
3.8 Special Employment Programs
From time to time, the City Administrator, in furtherance of legitimate public policy objectives, may
specify that vacancies be filled with persons eligible for inclusion in particular special employment
programs without regard to other provisions of this chapter concerning selection processes. Special
employment programs include, but are not limited to internships, youth employment programs, work-study
programs, intergovernmental mobility assignments, vocational rehabilitation programs, and seasonal
employees.
3.9 Temporary Positions
The City Administrator may authorize any fair and practical means of filling temporary or seasonal
positions without regard to other provisions of this chapter concerning selection processes.
11
CHAPTER 4
RECRUITMENT AND SELECTION
4.1 Vacancy Announcements
The City Administrator shall announce all vacancies for which a competitive selection process has been
specified. At a minimum, vacancies should be advertised in the local newspaper. For specialized positions
or when necessary to meet equal employment opportunity objectives, additional publicity shall be targeted
to likely sources of qualified applicants such as community organizations, educational institutions, and
other governmental entities. Advertisements may also be placed in appropriate professional journals and
out-of-town newspapers. Each vacancy announcement shall include, at a minimum, the following
information:
(a) Title and salary of the position;
(b) Summary of the qualifications for the position;
(c) Method of and deadline for filing applications; and
(d) A statement that the City is an equal opportunity employer.
4.2 Purpose and Design of Application Forms
The City Administrator shall develop one or more general application forms for use in applying for City
employment. The City Administrator or department and division heads may also develop specialized or
supplemental application forms for use in appropriate circumstances. The City Administrator for technical
adequacy, utility, and equal employment opportunity compliance shall review any forms developed by
department and division heads. Application forms shall be used in making fair determinations of
qualifications for employment. Information concerning non -merit factors shall only be requested as
necessary to satisfy equal employment opportunity and other legal requirements.
4.3 Filing of Applications
Applications shall be filed with the City Administrator as specified in the applicable vacancy
announcements. The City Administrator may authorize the acceptance of late applications if in the best
interest of the City. The City Administrator shall provide all reasonable assistance to persons requesting
help in completing their applications. All information submitted shall be subject to verification. The City
may cease accepting or processing applications at any time in accordance with operational requirements.
4.4 Initial Processing of Application
The City Administrator shall be responsible for the initial processing of employment applications.
Information collected solely for equal employment opportunity purposes shall be detached from the main
body of each application upon receipt. The information shall be separately and securely filed by the
Personnel Officer and shall not be used in the selection process.
12
4.5 Evaluation of Qualifications
Applicants shall be required to provide any information and undergo any examinations necessary to
demonstrate their qualifications for the City service and the positions involved. Depending on the nature of
the vacancy, applicants may be required to undergo written, oral, performance, physical agility,
background, medical, psychological, and/or other evaluation procedures, which are fair, practical, and job-
related. Applicants may be required to grant releases to permit review of conviction records, medical,
employment, educational, financial, and other records necessary to properly evaluate the applicant for the
position. Conviction of a crime is not an automatic bar to employment - all circumstances will be
considered.
4.6 Disqualification
An applicant may be disqualified from further consideration at any stage of the selection process for any of
the following reasons:
(a) Applicant is an illegal alien or an alien with a visa specifically precluding their working;
(b) Applicant will not have attained his or her 18th birthday at the time of appointment, except
that a lower minimum age may be established for certain temporary positions and a higher
minimum age and/or maximum entry age may be established for certain positions when
required by law or when otherwise constituting a bona fide occupational qualification;
(c) Applicant is not medically qualified to perform the duties of the position as ascertained in a
manner prescribed by the City Administrator, except that handicapped persons shall not be
disqualified on medical grounds if their handicaps can reasonably be accommodated in the
workplace and if the handicapped persons, if selected, can substantially perform the duties
of their positions without endangering themselves, other persons, or property;
(d) Applicant is not of good moral character to the extent that his or her job performance would
be impaired or that significant discredit or excessive risk would be brought upon the City by
his or her employment;
(e) Applicant will not comply with the applicable response time requirement unless proper
waiver has been obtained;
(f) Appointment of the applicant will violate a prohibition on the employment of relatives;
(g) Appointment of the applicant will create a conflict of interest situation;
(h) Applicant lacks the education, experience, aptitude or similar qualification required for the
position;
(i) Applicant is addicted to the use of drugs and/or intoxicating beverages;
13
(j) Applicant has been convicted of a crime of such nature as to constitute an excessive risk to
the City if he or she is employed;
(k) Applicant has been or is about to be dismissed from employment or military service for
reasons indicating a current unfitness for the position or constituting an excessive risk to the
City if he or she is employed;
(1) Applicant has made a false statement of material fact or has committed or attempted to
commit a fraudulent, illegal, or unethical act or has attempted to exert political influence at
any point in the application or selection process; and
(m) Applicant will not possess any required license or certificate or will not be able to comply
with any other requirement or condition of employment at the time of appointment.
4.7 Selecting Officials
The City Administrator shall select department heads, except the Chief of Police, subject to the approval of
the Mayor and City Council. Department heads shall with the assistance of the Assistant Administrator,
otherwise select their subordinates and shall forward their selection recommendations and supporting
information to the City Administrator for approval.
4.8 Interviews
Selection official(s) shall interview applicants in competitive selection processes who on the record appear
to be the best qualified for the positions involved. A written summary of interview questions and answers
shall be prepared and retained. Interviews shall be conducted in a consistent job-related, and
nondiscriminatory manner and shall focus on the following:
(a) Clarification of items listed on the application;
(b) Clarification of an applicant's qualifications;
(c) Clarification of an applicant's availability;
(d) Discussion of City salaries, benefits, career opportunities, policies, and worldng conditions;
and
(e) Discussion of the nature and duties of the position involved.
4.9 Documentation and Notification
The City Administrator shall devise necessary forms and procedures pertaining to the selection process.
Disqualification and selection decisions shall be thoroughly documented by the responsible official(s).
Selecting official(s) may conduct reference checks of applicants. The City Administrator shall also
respond to any written requests from applicants concerning the reasons for their disqualification or non -
selection.
14
CHAPTER 5 -APPOINTMENT
5.1 Appointing Authority
The City shall employ no person unless appointed by proper authority. The Mayor, with the approval of
the City Council, is the appointing authority for City Administrator, Assistant City Administrator, Director
of Public Works, City Clerk, City Treasurer, and Chief of Police as mandated by statute or ordinance. The
City Administrator is the appointing authority for all other positions. Appointment actions shall be
required for entering the City service and for subsequent position changes.
I
5.2 Appointment Types
Appointments shall be designated as either regular or temporary. Regular appointments shall ordinarily be
of indefinite duration and may be made in unusual circumstances. Temporary appointments shall not
exceed one year in duration, shall be subject to termination at any time, and may be made to full-time or
part-time positions requiring continuous, seasonal or intermittent performance or requiring service in a
public emergency. Initial or successive temporary appointments shall not be used in circumstances where
the nature and expected duration of the work indicate that regular appointments are more appropriate.
Appointments shall be subject to the applicable provisions of these rules regarding probationary periods.
5.3 Employment of Relatives
No employee may directly or indirectly supervise, be supervised by, or be employed in the same
department as a member of his or her family. For purposes of this provision, family includes husband,
wife, father, mother, daughter, son, brother and sister. The City Administrator shall take, direct or
recommend any actions necessary in regard to applicants and/or employees in order to enforce this section.
5.4 Residence
Residency in the City of Blair is encouraged for all employees but shall not be required. However, in the
interest of the City of Blair, employees shall reside in proximity to the City of Blair so that the maximum
allowable response time for all City employees, from their residence, shall be thirty (30) minutes from time
of notification. Response time shall mean the time elapsing between an employee's receipt of an
emergency notification from the employee's supervisor or the supervisors representative and the
employee's arrival at the employee's duty station. It shall be the duty of each department to maintain the
response time of his/her employees and to immediately report any violation or discrepancy to the City
Administrator.
5.5 Processing and Orientation
New and reinstated employees shall report to the City Administrator as directed for completion of
personnel and payroll forms and for a general orientation to the City government, the personnel
management system, and the City policy of equal employment opportunity. Department heads shall
provide further orientation on such matters as the probationary period, employee rights and responsibilities,
assigned duties, level of performance expected, organizational structure and interrelationships, hours of
15
work, safety, and the substance and availability of these rules and any applicable supplemental personnel
regulations. Employees should be made to feel welcome and should be especially encouraged to ask
questions during their first days of employment.
16
CHAPTER 6
INTRODUCTORY PERIOD
6.1 Requirement
Every person who is initially appointed to, or who receives a promotion in the City service under a regular
appointment, or under a temporary appointment for other than seasonal or intermittent work shall be
required to successfully complete an introductory period of six months as a condition of continued
employment in the position. On a case-by-case basis, the City Administrator may require the completion
of an introductory period following other kinds of personnel actions.
6.2 Pur ose
The introductory period is the final step of the selection process and shall be used by department heads and
other supervisors to closely observe and evaluate the conduct, work and fitness of subordinates and to
encourage them to adjust to their jobs. Supervisors shall provide necessary training and counseling to their
introductory employees, whose performance shall be thoroughly documented as administratively
prescribed.
6.3 Failure of the Introductory Period
At any time during the introductory period, an employee may be dismissed from the City service with or
without cause. The selecting official may provide an employee with additional time in which to
demonstrate acceptable performance by extending the introductory period for no longer than one period of
three months. The employee shall be notified of any such extension. An employee shall have no right to
appeal a failure of the introductory period.
17
CHAPTER 7
EMPLOYEE DEVELOPMENT AND EVALUATION
7.1 Employee Development PolicX
The City Administrator and department heads, shall establish appropriate programs to develop the capacity
of employees to render more effective service to the City. Such programs may include formal courses,
seminars, workshops, demonstrations, directed readings, special assignments and other activities designed
to improve employee knowledge, skill and job effectiveness with due consideration for the personal career
objectives of employees and the enhancement of equal employment opportunity. Employee development
activities shall be conducted during regular working hours to the extent possible.
7.2 Performance Evaluation Requirement
The work performance of each regular employee shall be objectively evaluated on a periodic basis. An
evaluation, on the prescribed form, shall be made by the immediate supervisor acting as rater and shall
become official when reviewed and approved with any necessary modifications, by the next higher
supervisor, if any. Subject to any necessary delay to allow the rater to have supervised the employee for at
least three months, an employee's performance shall be evaluated at the following times:
(a) A minimum of one time in the introductory period;
(b) Annually, on the employee's anniversary date of the current position.
(c) Whenever the supervisor desires to recognize meritorious or deficient service or whenever
an evaluation would otherwise be in the best interest of the City.
7.3 Purpose of Evaluations
Performance evaluations are designed to help supervisors and employees measure how well work is
performed in relation to applicable job requirements, to encourage improvement in such performance, and
to provide a tool for management decisions concerning employee development, eligible merit increases,
retention, and other matters. Performance evaluations may also be considered in making promotions to the
extent that current or past performance may be relevant to the requirements of the positions to be filled.
Performance evaluations, as well as day-to-day feedback and counseling activities, shall be used to
recognize and reinforce positive performance and to correct negative performance. Employees shall be
shown copies of their performance evaluations for discussion and for acknowledgment by signature.
Employees disagreeing with their evaluations may seek adjustments through use of the established
grievance procedure.
M.
CHAPTER 8
ATTENDANCE AND LEAVE
8.1 Work Schedules and Attendance
Department heads shall establish work schedules to meet the requirements of their organizations.
Employees shall be at their places of work as scheduled or shall provide timely notification to their
supervisor or department head prior to the first normal duty hour, or as soon as possible thereafter, if unable
to report. No employee's regular schedule shall call for more than forty hours of work per week or in the
case of Police Officers for more than 80 hours on a 2 -week pay period. Unless otherwise specified, normal
working hours for City employees shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday (Any
reference in this manual to the term "day" will mean 8 hours). Lunch periods shall ordinarily be one hour
in length. A fifteen (15) minute rest period shall be granted to all employees of the City during each one-
half (1/2) day of work for relaxation from the regular routine of duty.
8.2 Overtime
Employees shall work overtime or shall be on call when necessary. Overtime shall be worked only with
specific authorization. Employees shall be reimbursed at the rate of 1 1/2 time regular hourly rate for all
hours worked in excess of 40 hours. (Exception: Police Officers shall be reimbursed at the rate of 1 1/2
time, the regular hourly rate for. all hours worked in excess of 80 hours within a two (2) week period).
8.3 Vacation Leave
Regular full-time employees and regular part-time employees normally working twenty (20) hours or more
per week shall be provided with paid vacation leave to allow them periods of rest, relaxation, and freedom
from the rigors of their jobs. Eligible full-time employees shall accrue vacation leave monthly at the
following rates:
Years of Regular City Service
Monthly Accrual
Annual Accrual
Years one, two and three
6.67 hours
80 hours
Year four
7.33 hours
88 hours
Year five
8.00 hours
96 hours
Year six
8.67 hours
104 hours
Year, seven
9.33 hours
112 hours
Year eight
10.00 hours
120 hours
Year nine
10.67 hours
128 hours
Year ten
11.33 hours
136 hours
Year eleven
12.00 hours
144 hours
Year twelve
12.67 hours
152 hours
Year thirteen and beyond
13.33 hours
160 hours
Accrual rates for regular part-time positions will be pro -rated.
- - -------- ------ - -------
The following positions �ri11 receive 160 hours of vacation per year (13.33 hours per month):
19
(1) City Administrator
(2) Assistant City Administrator
(3) City Clerk
(4) City Treasurer
5) Police Chief
6) Director of Public Works
7) Library Director
Vacation leave shall be administered according to the following rules:
(a) No vacation leave shall be granted in advance of accrual;
(b) Requests for vacation or comp time leave shall be submitted at least 48 hours in advance;
however; the City Administrator can waive the notice requirement if the work schedule
allows it. For police officers, leave is governed by Police Department procedures.
(c) Vacation leave may be taken when earned.
(d) The City Administrator shall approve vacation leave for department heads, who in turn shall
be responsible for scheduling vacation leave -for subordinate employees based on
considerations of operational requirements, employee preferences, and seniority within the
regular City Service;
(e) The initial minimum period of vacation leave shall be one-half (V2) hour; (anything over Y2
hour may be taken in 15 -minute increments);
(f) Holidays occurring during periods of vacation leave shall not be charged against such leave;
and
(g) _ No cash payments for unused vacation leave shall be authorized except upon separation
from City service by retirement, dismissal, death or resignation in good standing.
(h) A maximum of 40 hours may be carried forward each anniversary year, along with vacation
acc„m alation of the immediately preceding anniversary year.
8.4 Sick Leave
Regular full-time employees and regular part-time employees normally working twenty (20) hours or more
per week shall be provided with paid sick leave for use if incapacitated by illness or injury, if exposed to
contagious disease when presence at work would jeopardize the health of others, and for medical,dental,
optical, or other. health care appointments which cannot reasonably be scheduled for off-duty hours.
Eligible employees shall accrue six (6) hours of sick leave per month, with the accrual for regular part-time
employees prorated according to time worked. Sick leave shall be administered according to the following
rules:
(a) Sick leave may not be accumulated beyond 90 days (720 hours) for full-time employees
working 40 hour weeks and a proportionate lesser amount for eligible part-time employees,
-
=except an_employee-that has-accumulatedd allowable -sick leave greater-tharr-720 hours -as- of -
August 1, 1993, shall retain the greater number of accumulated sick leave hours .with the
following conditions. If any employee has _accumulated in excess of 720 hours, the
20
accumulated hours shall be reduced by the number of sick leave hours used until that
employee has reduced their accumulated hours to 720 or fewer hours. Thereafter, the
employee shall be subject to the maximum allowable accumulation of ninety (90) days (720
hours).
(b) Sick leave shall not be granted in advance of accrual, but vacation leave and/or leave
without pay may be authorized for employees exhausting their sick leave;
(c) All employees of the City are covered by Worker's Compensation Insurance. This includes
regular full-time, regular part-time, and temporary employees. Worker's Compensation
coverage includes medical, injury to specific members, and injury causing death or
disability. An employee receiving compensation under Worker's Compensation Laws shall
receive for the duration of such compensation only that portion of his/her regular salary,
which will, together with such compensation, equal his/her regular salary. Under these
conditions, earned sick leave shall be charged proportionately, in increments of not less than
one (1) hour for that part of the day which is sick leave pay, until such accumulated sick
leave is exhausted.
(d) The City may request and obtain a physician's statement after (3) consecutive sick days
taken by employees or otherwise verify the circumstances surrounding the taking of sick
leave. The abuse of sick leave shall be grounds for disciplinary action;
(e) The initial minimum period of sick leave shall be one-half (1/2) hour; anything over'/2 hour
may be taken in 15 -minute increments;
(f) Holidays occurring during periods of sick leave shall not be charged against such leave;
(g) An employee shall only be compensated for unused sick leave as follows: (1) Upon death
or retirement an employee shall be paid for one-half of the unused accumulated sick leave
not to exceed the accumulation as allowed in 8.4(a); (2) Upon resignation in good standing
and specifically excluding resignations prompted by any action of the employee which may
result in disciplinary action, an employee who has current continuous employment with the
City for not less than ten (10) years shall be paid a percentage of unused accumulated sick
leave not to exceed 720 hours based on the number of years of service as follows:
10 years 5% 16 years 30%
11 years 5% 16 years 30%
12 years 10% 17 years 35%
13 years 15% 18 years 40%
14 years 20% 19 years 45%
15 years 25% 20 years 50%
(3) No payment for unused accumulated sick leave shall be paid to an employee in the event
of termination for cause or resignation prompted by an action of the employee that could
result in disciplinary action.
(h) Sick leave shall not be transferable between employees; and
21
(i) Sick leave may be used during the introductory period; however, cannot be used until
earned.
(j) An Employee may use sick leave to assist in the care, treatment and transportation of
immediate family members for accidents, injuries and illness. (Immediate family =
husband, wife, son, daughter, mother, father, brother, sister, parent -in-law, in locus parenti,
or other legal dependents.) The City reserves the right to use management discretion in the
determination of granting sick leave to employees in the situation(s) described in this
paragraph. Each situation will be handled on a case-by-case basis with final determination
by the City Administrator.
k) If an employee is not reporting for work due to sick leave, he/she is required to contact
his/her immediate supervisor within (30) minutes of start time.
1) Employees with life-threatening illnesses, such as cancer, heart disease, and AIDS, often
wish to continue their normal pursuits, including work, to the extent allowed by their
condition. The City supports these endeavors as long as employees are able to meet
acceptable performance standards. As in the case of other disabilities, the City will make
reasonable accommodations in accordance with all legal requirements, to allow qualified
employees with life-threatening illnesses to perform the essential functions of their jobs.
Medical information on individual employees is treated confidentially. The City will take
reasonable precautions to protect such information from inappropriate disclosure.
Managers and other employees have a responsibility to respect and maintain the
confidentiality of employee medical information. Anyone inappropriately disclosing
such information is subject to disciplinary action, up to and including termination of
employment.
Employees with questions or concerns about life-threatening illnesses are encouraged to
contact the City Administrator for information and referral to appropriate services and
resources.
m) Employees shall not receive a clothing or uniform allowance under 14.6 if employee is on
sick leave for more than 30 consecutive work days.
8.5 Funeral Leave
In the event of a death, a regular employee is authorized (24) hours of paid Funeral Leave per year, which
shall not be chargeable to Vacation Leave. The initial minimum period of funeral leave shall be two hours;
anything over two hours shall be taken in one-hour increments. The Funeral Leave request shall be
submitted in writing to the City Administrator by the Department Head for approval.
8.6 Administrative Leave
The City Administrator may grant subordinate employees paid administrative leave, not chargeable to
vacation leave, under the following circumstances:
22
(a) JuryDuty: The City encourages employees to fulfill their civic responsibilities by
serving jury duty when required, with pay, in compliance with Nebraska state law.
Jury duty fees paid by the court shall be delivered to the City. City pay will be calculated
based on the employee's base pay rate times the number of hours the employee would
otherwise have worked on the date of absence. Any jury duty fees paid by the court will
be delivered to the City by the employee unless the employee elects to use vacation,
floating holiday or comp time.
Employees must show the jury duty summons to their supervisor as soon as possible so
that the supervisor may make arrangements to accommodate their absence. Of course,
employees are expected to report for work whenever the court schedule permits.
Either the City or the employee may request an excuse from jury duty if, in the City's
judgment, the employee's absence would create serious operational difficulties.
The City will continue to provide health insurance benefits for the full term of the jury
duty absence. However, employees remain responsible for their portion of any insurance
premiums throughout the term of their jury service.
(b) Witness Duty: The City recognizes that employees must appear in court for witness duty
when subpoenaed to do so. If employees have been subpoenaed or otherwise requested to
testify as witnesses by the State of Nebraska, Washington County or the City of Blair,
they will receive time off with pay for the entire period of witness duty. Any witness fees
will be delivered to the City by the employee unless the employee elects to use vacation,
floating holiday, or comp time.
Employees will be granted unpaid time off to appear in court as a witness when requested
by a party other than the State, County or City. Employees are free to use any available
paid leave benefit to receive compensation for the period of this absence.
The subpoena should be shown to the employee's supervisor immediately after it is
received so that operating requirements can be adjusted, where necessary, to
accommodate the employee's absence. The employee is expected to report for work
whenever the court schedule permits.
(c) Military Leave: A military leave of absence will be granted to employees who are
absent from work because of service in the U.S. uniformed services in accordance with
the Uniformed Services Employment and Re-employment Rights Act (USERRA).
Advance notice of military service is required, unless military necessity prevents such
notice or it is otherwise impossible or unreasonable.
Employees who are active members of the National Guard or Active Reserve should
discuss their leave requirements with their supervisor, and then with the City
Administrator.
23
The City Administrator may grant subordinate employees paid administrative leave, not
chargeable to vacation leave, under the following circumstances:
• when an employee participates in Nebraska National Guard military training for not
more than 15 work days in any calendar year•, and
• when the Governor of Nebraska calls an employee to military duty in an emergency,
in which case the City shall pay the difference between the employee's City salary
and his or her military pay, if lower.
In all other cases, an employee may use accrued vacation and comp time; if the mission
exceeds the accumulated paid leave (vacation and comp time), the Administrator may
grant unpaid leave.
Continuation of health insurance benefits is available as required by USERRA. The City
will continue to pay its share of the health insurance premium during paid leave. The
employee is responsible for her/his normal share of the premium during this period. Upon
expiration of paid leave, the City will pay the entire cost of health insurance for up to 6
months, starting the first day of the month following expiration of paid leave. If the
mission requires that leave extend beyond 6 months, the employee may extend his/her
insurance coverage by paying the entire premium.
Employees on military leave are required to return to work for the first regularly
scheduled shift after the end of service, allowing reasonable travel time.
Holidays, which fall during an employee's paid leave, will be paid at eight hours.
Holiday pay will not be paid during periods of unpaid leave. Vacation and sick leave will
not accrue while an employee is in unpaid status.
An employee who is on leave for military duty will not be allowed to utilize paid sick
leave. Sick leave accumulated prior to leave for military duty will be usable when the
employee returns to full time work. If military leave lasts more than 30 days, the
employee shall not receive a clothing or uniform allowance.
Employees returning from military leave will be placed in the position they would have
attained had they remained continuously employed; or a comparable one depending on
the length of military service in accordance with USERRA. They will be treated as
though they were continuously employed for purposes of determining benefits based on
length of service.
d) Time Off to Vote: The City encourages associates to fulfill their civic responsibilities by
participating in elections. Generally, employees are able to find time to vote either before
or after their regular work schedule. If associates are unable to vote in an election during
their non -working hours, the City will grant up to two hours of time off with pay. In
accordance with state law, the City may choose the time the employee may take to vote.
24
Employees should request time off to vote from their supervisor at least one working day
prior to the Election Day. Advance notice is required so that the necessary time off can
be scheduled at the beginning or end of the work shift; whichever provides the least
disruption to the normal work schedule.
8.7 Leave without PaX
A department head, with the approval of the City Administrator, may grant an employee a period of leave
without pay, workload permitting, for any good cause. Approved leave without pay may be terminated
earlier than planned if in the best interests of the City.
8.8 Medical Leave of Absence (Family Medical Leave Act)
The purpose of this policy is to provide an opportunity for employees who are unable to work because of
illness, injury, or other disability, including pregnancy -related disability, to recuperate. City policy
regarding medical leave will comply with the requirements of the Family Medical Leave Act (FMLA),
which grants job -protected, unpaid family medical leave to eligible employees for up to 12 weeks per
calendar year for:
(a) Child Care. Birth of a child to the employee, or placement of a child for adoption or foster
care with the employee;
(b) Family Care. ' Care for the employee's immediate family (including only spouse, son,
daughter, or parent), who has a serious health condition; or
(c) Self Care. Employees serious health condition that results in an inability to perform one or
more of the essential functions of his or her job.
EligibilitL Eligible employees must have been employed by the City for at least 12 months, and have
worked at least 1,250 hours in the year preceding the date the employee seeks to start the leave.
Written request required: Employees must submit written requests for leave of absence to their
supervisor a minimum of thirty days prior to commencement, if the leave is anticipated. The Supervisor
is responsible for notifying the City Administrator of such requests. If the leave is required due to an
unforeseen illness or injury, leave must be requested as soon as reasonably possible. In any case, if an
employee is absent for .three consecutive days, the City may place the employee on FMLA status,
beginning the fourth day. Supervisors are expected to notify the City Administrator when an employee
calls in sick for three continuous days, so that the supervisor or the City Administrator can contact the
employee and explain the need for a written request for leave of absence, if deemed necessary by the
City Administrator.
In no case are leaves granted automatically. Absence without leave will be treated as a resignation
unless the absent employee requests leave at the earliest reasonable opportunity and the leave is granted.
Intermittent Leave: FMLA leave may be taken intermittently. Leave taken for childcare must be taken
within the first 12 months after birth of a child or placement of a child for adoption or foster care. In the
case of self-care or family care, a health care provider must certify that intermittent leave is medically
25
necessary. During a period of intermittent leave, the City reserves the right to reassign the employee to
an alternative position with equivalent pay and benefits. The employee has the responsibility of
scheduling intermittent leave so as to minimize disruption of City operations.
Medical justification: The City reserves the right to require a certificate from the employee's personal
physician attesting to the employee's disability and inability to perform normal job duties. Supervisors
are required to review requests for medical leaves of absence with the City Administrator. On request,
employees are required to sign release forms authorizing their physicians to discuss their medical
conditions with a physician retained by the City. Employees may also be required, at reasonable
intervals, to submit additional medical certification of continued disability and inability to work.
Duration of leave: The Family Medical Leave Act (FMLA) provides leave to eligible employees for up
to 12 calendar weeks per year.
FMLA rules allow the City to require that all available paid leave be used before unpaid leave is taken.
Accordingly, appropriate paid leave (sick leave and vacation leave) will be substituted by the City for
unpaid FMLA leave and counted against the 12 week FMLA leave entitlement, until accumulated paid
leave is exhausted. Any subsequent FMLA leave will be unpaid, up to a total of 12 weeks. The
following exception applies:
An employee who has accumulated paid sick leave in excess of 12 weeks shall be granted leave,
for self care or family care, equal to the number of days accumulated; however, an employee who
requests leave to care for a new child shall be granted a maximum of 12 weeks, regardless of the
number of days of paid leave she/he has accumulated.
Employees may request leave extensions by submitting requests in writing to their supervisor,
accompanied by proof of continuing disability. Leave extensions beyond the initial period of approved
leave will require the approval of the City Administrator.
Worker's compensation: In most cases, employees who sustain job-related injuries or illnesses are
required to submit requests for medical leave of absence in the same manner as other employees
requesting medical leave and will be treated the same as other medically disabled employees on leave.
Return to work: The City will make reasonable accommodation for disabilities of returning employees.
Employees are expected to keep their supervisors informed of the anticipated dates they will be ready to
resume work.
An employee who fails to return to work on the scheduled date shall be considered by the employer to
have voluntarily resigned.
Medical statement required before return to work: Before returning to work, an employee must submit a
statement from the employee's physician stating that the employee is ready to return to work and to
resume performing all essential job functions, with reasonable accommodation if needed. The physician
should specify the nature of any accommodations or work restrictions required.
The City reserves the right to have a physician of its choosing discuss the employee's condition with the
employee's physician. The City also reserves the right to require the employee to submit to an
26
8Z
•pliuo atll jo luautaonid zo gplq aul `jo auttl aul In zo `ol zoud suiOoq
li .tatllogm jo ssaipzn�iaz `Ap glznoj aul wozj 5ulpms annal V-lWj pazapisuoo oq Iltm annai XITuzalnW
•Xnp gpnoj aul uzo4 omnai V-lWj pazapisuoo oq ITntls Dnp pzigl aill puo,�aq Suipualxo omnal `.sxnp
antlnoosuoo ooxgl si annal XITtuolnd polsa55ttS •suoilipuoo Inotpotu zatllo zoj annai sn sTsnq autos auI
uo palunfi? oq Ilntls omnal Xjjuzajvd/XjjTuolmz `azojazaql `sluotuazinbaz InSal alms pu-e I-ezapaj iIITm XIduzoo
of pun azinbaz Xjlt?otpatu will annal aul soaXolduta lunu�azd of puolxo of si Xoiiod sell jo osodznd oqj
a 991 11.8
•olnp IuotaKoldwo uzotj OAU Xq olglsinip fznszantuun
Ilona zoj paluva oq IITm (sznoq 8) /npitotl ,�mnszanttu V un `Xznszantuun ,,01 oql tllim Sup -MIS (�
Xnpiiou Innlon oql oq ITntls 4nPTtou pied aul `sza3izom IjTus zod (i)
•fnpuoN 8uimolloj atll uo panmasgo aq Ilntls XnpunS n uo
Outiin.T XnpTiotl n pun `,�nptzg ftpooazd aul uo panzasgo oq Ilntls XtpznlnS n uo 2utlTnj XnpiIou V (u)
•znax znpuaino Ixou oqj
of pmAuoj kuvo lou ITTm (sznotl) sfnpiloq pore sXnplloq posnun zoj pied oq lou Ilim sooXoldtug (2)
IOOZ `T zaquaaoaQ john sSepTTotl Z until amotu oVI lou knua saafoldtug (I)
•(smoq t Z) sXnpilou
£ jo utntuTxnua n of do auul IIn3 paAzom pound tlluouz-Z Ilona zoj (sznoq 8) Xtpllou ouO (Z)
`pun `szn000 XtpTtou AIia plus
Incl olnp oqj uo `sznaX mpuaIno auI ui Xtpllou Buiuinutaz Ilona zoj (sznoq 8) /,npilotl ouO (I)
:smolloj sn sx-epgoq wino ileus m ox luouno oqj 2uunp ponq sooXolduza magi (a)
XBpllotl poziaooaz XITD n uo po3lzom smog Innlon
zoj sauttl Z/t I jo olnz n In pied oq Imus sxnpTloq 40 p3waisop uo 5upliom sooAoldtuo IIV (p)
•sXnpiloH
XITa zoj pied oq of otuil dtuoo zo uoilnonn `sznoq �ianq XnpTiou zatllia asn lsnuz aaxolduta uv (o)
•s[,npilou AITa poinpatlos
zoj Idaoxa Tuiouounuoo annal of zoud zostnzadns n Xq panozddu oq Isnut `omnal Xnpllou IIF (q)
•uoTiazosTp ztatll In smoil 83o oounlnq
aul pun (sznoti ZL Jo idol le) shp menti-aniaml g awl lunuz skTTus mnotl Z Sui4zom szolnmodo lunid
.Tal -em aul pun `(smnotl 08 3o Idol n) sXvp mots-uol 8 a)Wl kew sknp mood 01 guMom .TT ooilod
Idaoxa `Xi3p mad smnotl 8 In uwInl oq Isnut M-PHOH •m oA oqj 2urmp ompXun sznoq fnpiiou
asn Xvw ooXoidtuo uV •xeoX -lona `I X nnunr antloaJJO `Xlinnuun °(sznotl 08) shp OT 30 3[nq
,(npiiotl aniaoaz Iintls (mna� luammno aul �uimnp pamiq soofolduaa mou zoj ldooxo) saaxoiduza IIV (n)
'sznoq osotll zoj Xnd sotutl z/ I anTaoat Boils (uoou) •uz•d OO:ZI ma}In Ougjom
ouo,�un pun 13iunq Xnptioq Tiaul tuomg sznoj antaoaz Ileus sn)pom IIV 'IuauzuzanoO /alta aul Jo slnIOIJJO
pun soo.Coiduza IIn moj fwpilou InToUjo un oq Boils h(i ang suu4stmtl3 jo (uoou) Wd 10010,0 007T In
LZ
2utouauumoo `Anp Iuilmd all uagl `(sings,-uoW) finp Maim ssouisnq luuuou n uo si keC[ ang ssu4siulD3l**
SZ aaquiaoa(j
suuilsLigD
**uooN
ang suu4sijia**
2utn12s)luulZ aa}Iu "PIJq
3uiAj5s3Iuugs, .ua}Iu AuQ
aaguianoN uT Xupsmis limos
2uiAt2S3lungs
zaqutaldoS uu XvpuoW lsjl3
kuQ aoquj
Ii Xinr
XnQ oouapuodopul
XvW ui kepuoW lsu7
Xva Iur_Tou ow
I Xnnunr
Kqj s,MQA mom
'luvId luouivoi , aalnM put, ooilo(j oql idooxo
`skep osagl uo posolo oq Ilim sluougmdop pug soogjo Alia IIV '(,,sAupitoH XIiD„) it -Ig jo Alta agl Tos
sAnpilog Iuiogjo oq Ings Iiounoa ,14T0 pun aofueW agI Aq poluuSisop sf ep .Toho Kuu pun sAup Ouimolloj oqs
s— P� 01.8
•Inssluasip
ut llnsoi XTumipao Iltgs goigm Isailnp jo luauuuopuuqu pauapisuoo oq hugs sXnp guplaom oAgnoosuoo
aaagl uull auoui aoj anual lnogiim oouasgV •uoum, �jnugdiosip alnudoaddn of loofgns oq hugs pun `panlonuT
aunt all zoj snlnls Xud ui oq lou Ilugs `annal lnoglim luosgn ponpisuoo Qq Ilnls osnoxa ao `uoliuzuoglnu
`uoiluoijIlou iodoid inogllm poloom To palnpagos su )I.uom Iu ul uua ao aoj :.Todai of Builin.I sooXolduzg
aAnaZ jnouli aaaasgV 6.8
Isanbaa Bons 2u.juu.uo ui Kllnog3ip Xus saasauoj aostnaadns uji `.TolualsiuiutpV SID oql glum possnosip
oq osln isnuu soilillqusip anuq oqm sooKolduua 2uivanlai Xq opuui uoptpouuuu000n olquosua.i ioj
slsonbag •sisnq uzuol-pogs u uo sluotmouldaz aoj ldooxo `aolualsiuTtupV Allo aglso lunoiddu all inogitm
annal vlIWj uo oligm poouldaa io poluutuual oq lou iuui sooAolduig :luauu of uta 3o u011uuTui.T01
•annal
uo aau ,fogj sgluotu jo nqutnu all aoj lasjjo oq oslu keTu alnpolos matnaa A.tulns ,sooXolduig sxtp (0£)
XiAlll uugl aaguol 2uils7al sannal Suianp anual 3lois .uo uoiluoun MOM lou IITm sooXolduug •Ilam sn `ou it
sill 2u4np aBuaanoo dnot2 .ioj uoiingyluoo luuuou ziall rind of poloadxa onsooXojduzg do posn uaaq
sug anual 31ois pTnd polulntunoou Iilun jo `s3laam (ZI) anlaml of do jo somal luoupauu 2uiinp a2uaanoo
ooutunsut dnojS jo gangs sii rind of onutluoo Ilim X110 alZ :a al uiznp slgauag so uoTlu uTluoD
-Aoilod Aliligesip
lua.uno agI jo suuol all gum oouupi000u ut zo `slgauoq luautaouldaa autooui AliiTgustp Auu of loud
auuul sill 2uunp pasn oq lsntu ooAolduuo all of olgnlinnu annal uoiluonn pun annal 3Iots olquoilddn AuV
•suoilsonb annq Xoql j! uoildTuosap uuld A nuTuuns polulaa all ao .zolmisiumipv xli.D
oql llnsuoo pinols sooXoldtug •sigouoq uoilusuodmoo ,s oN-iom ao sigouoq fglllqusip uuol-2uol su gons
`sigouoq Xliiignsip aoj olgi'Bila oq Xmu annal luotpauu uo sooXolduig :slUauaq giqusip aos ?Cjjjjq!l3jtq
•�laom
of tunlau of ooAolduia agI 2uillTuuod oiojoq `osuodxo s,ff110 all In `lsilnioads Iuoupauz u .iq uopeutuiuxa
The extent to which an employee should be permitted to work during pregnancy is a matter between the
employee, and her physician. Employees who learn that they are pregnant are expected to inform their
supervisors as early as possible of the pregnancy and the expected date of delivery. Pregnant employees
whose physicians recommend work restrictions should, like other employees with disabilities, bring in
the physician's statement outlining the restrictions.
Employees are expected to inform their supervisors of their intentions, including any changes in their
expected date of return to work. Pregnant employees will be eligible for the same benefits as other
employees who experience disabilities.
8.12 Emergency Closings
At times, emergencies such as severe weather, fires, power failures, etc. can disrupt City operations. In
extreme cases, these circumstances may require the closing of a work facility. When operations are
officially closed due to emergency conditions, the time off from scheduled work will be paid, employees
in essential operations may be asked to work on a day when operations are officially closed. In these
circumstances, employees who work will be paid according to policy.
29
CHAPTER 9
EMPLOYEE RESPONSIBILITIES AND CONDUCT
9.1 Basic Employee Responsibilities and Conduct
It shall be the duty of all employees to maintain high standards of cooperation, efficiency, economy,
integrity, and impartiality in their work for the City. Actions subject to disciplinary measures include, but
are not limited to the following:
(a) Violation of any City Policy, Rule or Regulation.
(b) Excessive, unexplained or unexcused absenteeism.
(c) Discourteous treatment of the public or work associates including abusive language during
work hours.
(d) Failure to report an accident.
(e) Falsifying employment information.
(f) Releasing confidential information.
(g) Criminal behavior including theft.
(h) Possession or consumption of alcoholic beverages or illegal drugs during working hours
and on City property (Exceptions may be granted by administrator for special occasions).
(i) Carelessness or negligence in the performance of duties, including safety rule violations.
0) Refusal to perform work as assigned.
(k) Abuse or unauthorized use of City property.
(1) Fighting while on duty.
(m) Any other act or failure to act which is sufficient to show the offender to be an unsuitable
and unfit person to be employed in the public service.
9.2 Supervisory Responsibilities
If work habits, attitude, production, personal conduct, and/or any other aspect of an employee's job
performance should fall below standard, it shall be the duty of the supervisor to advise' the employee of the
deficiency at the time it is observed or as soon as possible thereafter. When feasible, warning and
counseling the employee shall precede formal disciplinary action, but nothing herein shall prevent
immediate formal action as provided elsewhere in these rules whenever required in the best interests of the
City.
30
9.3 City_ Property
Employees shall be responsible for the proper care and use of all City property entrusted or available to
them. Employees damaging or losing City property through negligence or abuse shall be subject to
disciplinary action and may be required to reimburse the City of such damage or loss. City equipment,
materials and supplies shall not be used for private purposes and shall not be removed from authorized
locations without proper supervisory approval. Employees leaving the City service shall return -ariy tools,
uniforms or other City property issued to them before receiving their final pay.
9.4 Assigned Vehicles
The City Administrator may assign City vehicles to department heads and certain other employees for use
during normal duty hours and for transportation between home and work. Such vehicles shall otherwise be
used only for official purposes, shall be kept clean, and shall be driven in a manner conforming to
applicable traffic regulations and reflecting credit upon the City government.
9.5 Outside Employment
A City employee may hold another position or paid employment or accept pay for other service only with
prior approval of his or her department head and City Administrator. A request for approval of outside
employment shall include a description of the nature of the proposed employment, the hours involved, and
any other pertinent information. Outside employment which would create a conflict of interest, or the
appearance thereof, or which would adversely affect the employee's City job performance shall not be
approved. Approval of outside employment may be rescinded at any time if in the best interests of the
City. The requirements of the City job, including availability for overtime or other extra duty, shall take
precedence over approved outside employment. Action on a request for approval of outside employment
shall be fully documented for inclusion in the employee's official personnel records. Any employee who is
engaged in outside employment upon the adoption of these rules and regulations who has not received
written approval to engage in outside employment shall immediately do o so.
9.6 Conflicts of Interest
No employee shall engage in any activity or enterprise that conflicts or creates the appearance of
conflicting with his or her City duties or with the duties, functions, or responsibilities of his or her
employing organization. Department heads may prohibit particular activities that would create conflicts of
interest in their specific organizational environments. Employees shall be encouraged to seek advance
determinations regarding possible conflict of interest situations. The following employee activities shall
generally constitute conflicts of interest and may in some cases also be criminal act:
(a) Engaging in any activity or enterprise involving the use, for other than City purposes, of
City time, facilities, equipment, materials, or supplies or the badge, prestige or influence of
City employment.
(b) Receiving or accepting money or other consideration from any person or entity other than
{ the City for the performance of any service which the employee or the City would normally
be required or expected to render or for preferential or favorable treatment in relation to
others;
31
(c) Having a direct financial interest in any contract with the City or a direct financial interest
in the provision of equipment, materials, supplies, or services to the City, except as may be
disclosed to and approved by the Mayor and City Council;
(d) Failing to disclose the nature and extent of any direct financial interest in legislative matter
pending before the Mayor and City Council or any zoning matter;
(e) Engaging in any business transaction or having a direct or indirect financial or other
personal interest incompatible with the employee's performance of official duties in the
public interest or tending to impair independence of judgment or action in the performance
of official duties;
(f) Disclosing confidential official information or using official information in advance of
public release when such disclosure or use would be detrimental to the City or would
advance the financial or other private interests of the employee or others; and
(g) Engaging in any activity or enterprise involving so much of the employee's time that City
job performance is impaired.
9.7 Political Activity
Employees shall not participate in City political campaigns and shall not solicit or receive political
contributions for any candidate or issue in a City election. Employees may privately express their opinions
regarding City elections, shall be encouraged to vote, and may objectively provide election information to
the public in the performance of their official duties. No employee shall coerce or attempt to coerce
another employee or shall use his or her official authority or influence for the purpose of interfering with or
affecting the result of a nomination or election for any public office. No City employee shall be rewarded,
disciplined, or otherwise subjected to special treatment for reasons of political favor or disfavor.
9.8 Solicitation
The solicitation of funds or anything of value or the sale of any items or materials, whether for commercial
or charitable purposes, shall not be permitted during working hours or in working areas.
9.9 Harassment Prohibited
All City employees have a right to work in an environment free from all forms of discrimination and
conduct which can be considered harassing, coercive, or disruptive. Consistent with the City's respect
for the rights and dignity of each employee, harassment based on race, color, religion, gender, national
origin, age, disability or any other characteristic protected by law, will not be sanctioned nor tolerated.
All employees should, therefore, be aware of the following information.
Sexual harassment is strictly prohibited. Sexual harassment has been defined by government regulation
as "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a
sexual nature... when submission to such conduct is made, either explicitly or implicitly, a term or
condition of an individual's employment;... when submission to or rejection of such conduct... is used as
the basis for employment decision affecting such individual; or... such conduct has the purpose of effect
32
or unreasonably interfering with the individual's work performance or creating an intimidating, hostile,
or offensive work environment."
Harassment on the basis of any other protected characteristic is also strictly prohibited. Under this
policy, harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an
individual because of his/her race, color, religion, gender, sexual orientation, national origin, age,
disability, marital status, citizenship or any other characteristic protected by; law or that of his/her
relatives, friends or associates; and that a) has the purpose or effect of creating an intimidating, hostile,
or offensive work environment; b) has the purpose or effect of unreasonably interfering with an
individual's work performance, or c) otherwise adversely affects an individual's employment.
Harassing conduct includes, but is not limited to: epithets, slurs, or negative stereotyping; threatening,
intimidating or hostile acts; and written or graphic material that denigrates or shows hostility or aversion
toward an individual or group and that is placed on walls or elsewhere on the employer's premises or
circulated in the workplace.
Supervisors and managers are responsible for assuring that no employee is subjected to conduct that
constitutes sexual or any other form of harassment.
Any individual found to have engaged in sexual or any other form of harassment will be disciplined as
appropriate, up to and including discharge.
Any employee who believes that he or she has been the subject of sexual or any other form of
harassment by anyone at the City or by any person who does business with the City, should, and is
encouraged to, bring the matter to the attention of his/her supervisor, or the City Administrator.
A prompt and thorough investigation of the alleged incident will be conducted to the extent possible, and
appropriate corrective action will be taken if warranted. To the extent consistent with adequate
investigation and appropriate corrective action, any complaints of harassment will be treated as
confidential.
The City will not in any way retaliate against an employee, potential employee, or former employee
who, in good faith, makes a complaint or report of harassment, or participates in the investigation of
such a complaint or report. Retaliation against any individual for in good faith reporting a claim of
harassment or cooperating in the investigation of same will not be tolerated and will itself be subject to
appropriate discipline.
The City will take all appropriate steps to enforce this Policy.
9.10 Confidentiality
All City records and information, which are not otherwise deemed to be public records under Neb. Rev.
Stat. 84-712, et seq., relating to the City or its customers are confidential and employees must, therefore,
treat all matters accordingly. No City or City -related information, including without limitation,
documents, files, records, computer files or similar materials (except in the ordinary course of
performing duties on behalf of the City) may be removed from the City's premises without permission
from the City, or unless allowed under Neb. Rev. Stat. 84-712, et seq. Additionally, the contents of the
City's records or information (other than public records under Neb. Rev, Stat. 84-712, et seq.) otherwise
33
obtained in regard to business may not be disclosed to anyone, except where required for a business
purpose. Employees will be subject to appropriate disciplinary action, up to and including dismissal, for
revealing information of a confidential nature.
9.11 Use of Equipment and Vehicles
Equipment and vehicles essential in accomplishing job duties are expensive and may be difficult to
replace. Such equipment and vehicles shall be used only for official purposes. When using property,
employees are expected to exercise care, perform required maintenance, and follow all operating
instructions, safety standards, and guidelines.
Please notify the supervisor if any equipment, machines tools, or vehicles appear to be damaged,
defective, or in need of repair. Prompt reporting of damages, defects, and the need for repairs could
prevent deterioration of equipment and possible injury to employees or others. The supervisor can
answer any questions about an employees' responsibility for maintenance and care of equipment or
vehicles used on the job.
The improper, careless, negligent, destructive, or unsafe use or operation of equipment or vehicles, as
well as excessive or avoidable traffic and parking violations, can result in disciplinary action, up to and
including termination of employment.
34
CHAPTER 10
DISCIPLINARY ACTION
10.1 Types of Disciplinary Action
Any employee of the City of Blair may be removed, demoted, suspended without pay, transferred to
another position in the same class or reprimanded for any of the reasons set forth herein.
10.2 Written Reprimand
A department head may reprimand any employee under his/her supervision for cause. Such reprimand
shall be in writing and addressed to the employee. A copy shall be placed in the employee's personnel file.
Reprimands may be appealed to the City Administrator. However, the employee may file a letter of
response to the reprimand that shall be attached to the reprimand in the file. In addition, an employee
receiving a written reprimand may, after one (1) year from the date of said reprimand, request in writing to
the City Administrator, a review of the letter of reprimand and removal of said letter from the record. The
City Administrator may, after reviewing the letter, order its removal from the employee's personnel file.
10.3 Suspension
The department head may, for cause, suspend an employee without pay not exceeding thirty (30) calendar
days in any twelve (12). month period; however, no single suspension shall be for more than fifteen (15)
calendar days. The department head shall notify the employee no later than one (1) day after the
suspension is made effective. Such notice shall include the reasons for and the duration of the suspension.
Within ten (10) calendar days of notice of suspension, any full-time employee who is suspended may
appeal in writing to the City Administrator for a hearing.
10.4 Demotion
The department head may demote an employee for cause. A written statement of the reasons for any such
action shall be furnished to the employee and a copy filed in the employee's personnel file. No demotion
shall be made as a disciplinary action unless the employee to be demoted is eligible for employment in the
lower class and shall not be made if any permanent employee in the lower class will be laid off by reason
of the action. Within ten (10) . calendar days after receiving written notice of demotion, any permanent
employee may appeal in writing to the City Administrator for a hearing.
10.5 Dismissal
The department head may dismiss for cause an employee by delivering, at least fifteen (15) calendar days
before the effective date thereof, a written statement of reasons to the employee concerned. If the
department head, because of the reasons for the discharge, desires to make an immediate separation from
the service, he may make a suspension without pay, pending the discharge. By so doing, such action shall
automatically result in permanent separation at the end of the period of suspension. Suspension pending
discharge shall not be subject to the limitation provided in Section 10.3 of these rules. Within ten (10)
calendar days of the effective date of the letter of dismissal, any regular employee so dismissed shall have
the right to appeal in writing to the City Administrator and shall be granted a hearing.
35
10.6 Final Arbiter
The City Administrator shall be the final arbiter of employee appeals. The City Administrator decision
may be appealed before the Mayor and City Council. Such appeal shall be in writing to the City Clerk
within 10 days following the decision of the City Administrator.
10.7 Civil Service
Pursuant to Neb. Rev. Stat., Paragraph 19-1803 (Reissue 1983) the classified Civil Service employees for
the City of Blair include all full-time Certified Officers of the Police Department, including the Chief of the
Department. No person in the classified Civil Service shall be reinstated and/or transferred, suspended or
discharged from any such place, position or employment contrary to the provisions of Neb. Rev. Stat.,
Paragraphs 19-1801 to 19-1823 (Reissue 1983).
36
CHAPTER 11
APPEALS AND GRIEVANCES
11.1 Appeal Procedure
An employee appealing a disciplinary action shall state why he or she believes the action to be
inappropriate. As administratively determined, the action may be stayed pending the filing or processing of
the appeal or may take effect at any time after issuance of the notice of the decision to take action. The
City Administrator shall conduct any investigation and/or hearing necessary to adjudicate the appeal. If the
City Administrator determines that a hearing is necessary, the employee shall be afforded an opportunity to
attend, to be represented by anyone of his or her choosing, and to present evidence and/or witnesses on his
or her behalf. The City Administrator shall adjudicate the appeal within ten calendar days after filing or, if
a hearing is held, within ten calendar days following conclusion of the hearing. The City Administrator
shall have the authority to approve, rescind or modify any disciplinary action taken or proposed which is
appealed under this procedure.
11.2 Grievance Policy
In keeping with the philosophy that employee dissatisfaction should be resolved at the lowest possible level
with a minimum of paperwork, it shall be City policy to encourage employees to informally take any job-
related complaints to their immediate supervisors. Supervisors shall listen with care to employees, shall
attempt to understand their points of view, and shall provide clear and timely responses to their complaints.
An employee remaining dissatisfied with a working condition, reprimand, or other aspect of employment
not subject to the appeal procedure may then use the formal grievance procedure.
11.3 Grievance Procedure
a. The aggrieved employee shall first present the grievance to the immediate supervisor who
shall make careful inquiry into the facts and circumstances of the allegations. After
investigation, the supervisor shall advise the employee of the findings of the investigation
and the decision.
b. If the grievance is not resolved by action of the immediate supervisor, the employee may
submit the grievance in writing to the department head. The department head shall make a
separate investigation and inform the employee in writing of the decision and the reason
therefor within seven (7) calendar days after receipt of the employee's grievance.
C. If the grievance is not resolved by action of the department head, the employee may obtain
a review by the City Administrator by submitting a request for review within seven (7)
calendar days following receipt of the decision of the department head. The City
Administrator shall make such investigation and conduct such hearings as appropriate and
shall, within fifteen (15) calendar days after the receipt of the employee's request for review,
inform the employee in writing of the findings and decision.
The decision of the City Administrator shall be final and conclusive.
d. Within the foregoing procedures, the burden of proof shall be on the appellant.
37
CHAPTER 12
RESIGNATION. LAYOFF AND INCAPACITY
12.1 Resignation
An employee may leave the City service in good standing by submitting his or her resignation at least two
weeks in advance of the effective date. The City Administrator, for good cause, may waive any portion of
the notice period. An employee resigning without the required notice shall forfeit payment for unused
vacation leave accrued and shall be ineligible for reinstatement. The appropriate department head or City
Administrator shall conduct an exit interview with each resigning employee to determine the reasons for
the resignation, to solicit suggestions for improving operations and personnel management, and to
determine whether prohibited discrimination was a factor in the decision to resign. Any benefits or
insurance coverage provided by the City's insurance plans would be made available to the employee as
appropriate, depending upon individual policies. Continuation of benefits would be available under the
same terms as any other termination.
12.2 Retirement
The normal retirement date for general City employees will be the first day of the month following the
attainment of age 65. Early retirement will be the first day of the month following the attainment of age
62. Employees may continue employment to age 70 by a written request to the Department Head and City
Administrator that it is the employee's desire. Health and physical capabilities will be the determining
factors in whether or not the request will be granted.
12.3 Layoff
A regular employee may be laid off from work because of lack of work or funds. Whenever possible, an
employee laid off from one department shall be assigned to a suitable position elsewhere. Whenever
possible, at least two weeks' notice or two weeks' severance pay in lieu of the notice shall be given prior to
layoff. In determining the order of layoff, the following factors shall be taken into consideration:
a. Needs of service;
b. Nature of work to be curtailed;
C. Length of service; performance qualifications;
d. In addition to the above factors, the advisability of demoting the employees in higher
classes to lower classes for which they are qualified and laying off those in lower classes
may also be considered;
e. No regular, full-time employee shall be laid off from any position while a temporary
employee is still employed in the same department.
Any benefits or insurance coverage provided by the City's insurance plans would be made available to the
employee as appropriate, depending upon individual policies. Continuation of benefits would be available
under the same terms as any other termination
12.4 Separation for Inca.pacitX
An employee may be separated for incapacity for medical reasons when the employee no longer meets the
standards of fitness required for the position or is not physically capable of performing assigned duties
without endangering self, other persons, or property. A finding of incapacity shall be made through
individual medical determination by competent authority at the City's expense in a manner prescribed by
the City Administrator. Separation for incapacity shall not be considered disciplinary action and shall not
operate to deny an employee the use of any sick leave or other benefits that would otherwise be
appropriate. Separation for incapacity is an administrative measure designed to protect the interests of the
City and the employee and to unencumber the employee's position so that a replacement may be assigned
for the maintenance of essential City functions. Any benefits or insurance coverage provided by the City's
insurance plans would be made available to the employee as appropriate, depending upon individual
policies. Continuation of benefits would be available under the same terms as any other termination.
12.5 Benefits Continuation (COBRA)
The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their
qualified beneficiaries the opportunity to continue health insurance coverage under the City's health plan
when a "qualifying event" would normally result in the loss of eligibility. Some common qualifying
events are resignation, termination of employment, or death of an employee; a reduction in an
employee's hours or a leave of absence; an employee's divorce or legal separation; and a dependent
child no longer meeting eligibility requirements. Employees are responsible for notifying the City in the
event of a legal separation or a dependent child no longer meeting eligibility requirements.
Under COBRA, the employee or beneficiary pays the full cost of coverage at the City's group rates plus
an administrative fee. The city provides each eligible employee with a written notice describing rights
granted under COBRA. when the employee becomes eligible for coverage under the City's health
insurance plan. The notice contains important information about the employee's rights and obligations.
39
CHAPTER 13
REINSTATEMENT
13.1 Following Resignation
Depending on the circumstances, the City may consider a former employee for re-employment. Such
applicants are subject to the City's usual pre-employment procedures. To be considered, an applicant
must have been in good standing at the time of their previous termination of employment with the City
and must have provided at least two weeks advance notice of their intention to terminate their
employment with the City.
13.2 Reinstatement of Benefits (Bridging)
In the event an employee terminates employment, and is rehired by the City of Blair within twelve (12)
months, that employee may be eligible to continue benefits at the level previously enjoyed
(commensurate with the new position) at the time of the termination of previous employment with the
City.
13.3 Following Layoff
A person who was laid off from City employment may be reinstated at any time to a position at or below
his or her former level, provided that the person is qualified to perform the duties of the position. In
appropriate circumstances, reinstatements following layoff shall be based on seniority, with the persons
with the longest total regular City service being reinstated first.
13.4 Following Separation for Incapacity
A person who was separated for incapacity may be reinstated to a position at or below his or her former
level within one year following separation, provided that the incapacity has been removed to the
satisfaction of the City, the person is otherwise qualified to perform the duties of the position, and the
reinstatement would be in the best interests of the City.
M
CHAPTER 14
COMPENSATION PLAN
14.1 Pay Deductions
The law requires that the City make certain deductions from every employee's compensation. Among
these are applicable federal, state, and local income taxes. The City also must deduct Social Security
taxes on each employee's earnings up to a specified limit that is called the Social Security "wage base."
The City matches the amount of Social Security taxes paid by each employee. The City offers programs
and benefits beyond those required by law. Eligible employees may voluntarily authorize deductions
from their paychecks to cover the costs of participation in these programs.
If you have questions concerning why deductions .were made from your paycheck or how they were
calculated, the City Administrator can assist in having your questions answered.
14.2 Pay Day
Employees shall be paid on a bi-weekly basis. There shall be twenty-six pay periods per year. For pay
purposes, the City Work Week shall begin at 12:01. o'clock A.M. on- Sunday and end at 12:00 o'clock
Midnight on Saturday. The City shall make all wage or salary payments by automatic. deposit into
employee's bank account. All employees shall notify City, on forms provided by City, of their specific
account information. Any changes in accounts where payroll is to be deposited should be made available to
the City Administrator's designee to avoid paycheck delays and /or inconveniences for both the employee
and the City . Employees wdl be furnished «pith a payroll stub showing the am. ount of their ,-,,age or salary
and any accumulated leave.
14.3 Overtime Pay
Overtime work shall be discouraged except to safeguard public health, safety, and property. When
overtime work is necessary it shall be authorized in advance by the respective Department Head.
a. Classified Service - Employees in the Classified Service shall be eligible for compensation
for overtime hours worked in excess of 40 hours per work week. Such an employee shall
be reimbursed at one and one half (1 1/2) times their regular rate of pay during the
workweek. Exception: Police Officers shall be reimbursed at the rate of 1 % times regular
hourly rate for all hours worked in excess of 80 hours worked in a two (2) week period.
b. Exempt Service - Employees in the Exempt Service shall not be eligible for monetary
compensation for overtime hours worked.
c. Compensatory time may be used in lieu of overtime compensation when in the best interest
of the City and the employee Compensatory time will be awarded at one and one-half times
the actual hours worked as accumulated in accordance with the Federal Fair Labor
Standards Act. Such- Compensatory time may be utilized when authorized by the
_ `= --- ---- --- Department Head—based---upon–consideration of --operational requirements --and when-- -
beneficial to the employee; provided however, the following restrictions shall apply to the
amount of Compensatory time which may be used in lieu of overtime compensation, to -wit:
MIN
1) No employee shall be allowed to carry over more than twenty-four (24) hours of
compensatory time from one pay period to the next; and
2) All compensatory time shall be used prior to vacation leave being utilized;
d. For pay purposes, the workweek for Uniformed Police Officers shall begin at 5:01 o'clock
P.M. on Sunday and end at 5:00 o'clock P.M. the following Sunday.
14.4 Wages in Advance
It is a policy of the City of Blair that no advances of future wages, including accrued vacation leave, shall
be made.
14.5 E iployee Benefits
The City offers a total compensation plan consisting not only of pay but also of substantial employee
benefits. The following are the principal employee benefits which are offered to all permanent, full-time
employees working 40 hours or more a week after completing the necessary waiting period:
a. Medical insurance, vision and dental insurance coverage begin on the first day of the month
following the date on which an employee commences fiull time work. The City shall paN-
100% of the single health insurance premium and a percentage .of the family health
insurance premium as determined annually -by the City Council as of the date of renewal of
the City, group health insurance policy. The City shall pay an amount equal. to 100% of the
single 'insurance premium and 100% of the family dental and family vision insurance
premium provided under the City group insurance plan.
In the event an employee elects not to participate in the City group health insurance
coverage plan, and the employee provides evidence -acceptable to City that employee has
health insurance coverage available through a spouse's health insurance plan or some other
source of health insurance, then City agrees to pay employee the sum of $140.00 per month
in lieu of the single health insurance premium. An employee may elect to be covered under
the City group dental and vision plan whether or not they elect to participate in the City
group health insurance plan.
b.. Life Insurance (included with medical plan).
C. Disability Insurance.
d. Pension - regular full-time employees shall become eligible for participation in the City
retirement program after six (6) months of employment. When authorized, the City shall
deduct contributions at the rate of (3 %) to (61/o) of the employee's base pay each pay period.
Eligible law enforcement personnel shall participate in the retirement program for the
---Police-Department upon date of -hire. When authorized,, the City -shall deduct contributions
42
at the rate of six (6%) of the police employee's base pay each pay period. The City shall
match the employee retirement contribution; provided, however, in the event that state law
mandates that -the contribution to the pension for City of Blair police officers be increased to
more than the six percent (69/o) rate set forth hereinabove, then the pension plan for civilian
employees of the City shall be amended to provide for the same rate of contribution and,
furthermore, that the City shall equally match the employee retirement contribution.
e. Paid holidays and paid leave for vacation, illnesses and other designated purposes.
Benefits available to all employees:
a. Worker's Compensation;
b. Unemployment Insurance; and
Social Security
Information regarding paid holidays, vacation and sick leave is included elsewhere in the manual. Any
questions not answered in the manual in regard to benefits should be directed to the City Administrator.
These benefits are subject to change.
14.6 Clothing and Uniform ALlowance
Law Enforcement, Public Works Department and Cemetery/Park Department Employees shall be ehg,bje
for clothing and uniform allowances as follows.:
a. Law Enforcement employee clothing and uniform allowance shall be at the sum of $1,000.00
per year per employee. Beginning with the third quarter allowance (April, 2000), all clothing
allowance payments will be paid in arrears on a monthly basis. Each officer will be paid
$83.33 per month following the first City. Council meeting of each month. Any officer
terminating employment with the City will .receive payment for that month on a pro -rated
basis (days worked/days in month).
b. The City of Blair agrees to pay for authorized clothing, up to one (1) year's authorized
clothing expenditure ($1,000.00) for anew Law Enforcement employee. The employee will
be required to reimburse the City should his employment terminate for any reason before the.
completion of one (1) year. The amount reimbursed will be prorated, based on the actual
number of months employed by the City.
C. Public Works Department, Animal Control and Cemetery/Parks Department employees will
be provided with uniforms furnished by the City through rental service or actual purchase.
14.7 Education Benefits -
Eligible
enefitsEligible_ City_ employees-shall--be-entitled- to tuition- assistance in addition to -any -training required by the-
-City. The tuition assistance shall be on the following term:
43
a. The City shall reimburse eligible employees for seventy-five pereent (75%) of the actual
tuition costs; however, the reimbursement shall not exceed $60.00 per credit hour.
b. An employee must have not less than three -(3) years' current continuous full time
employment with the City to be eligible for the tuition reimbursement.
C. No tuition reimbursement shall be made unless the employee attains successful completion
of the course resulting in a grade equivalent to C- or better.
d. Tuition paid any Nebraska State College, Nebraska State University, Nebraska Metropolitan
Technical College; Dana College shall be eligible for reimbursement. The City
Administrator shall, prior to the employee's enrollment, approve tuition for any other class
or at any other institution.
e. Tuition reimbursement shall be limited to courses in math, science, English, speech,
computer, or other courses that directly improve or enhance the employee's service to the
City. The City Administrator prior to enrollment must approve all courses bythe employee.
f. The tuition reimbursement shall be limited to six (6) credit hours or an equivalent for each
year from August 1 to July 31.
14.$ Ce_rification
With the approval_ of the City Administrator, the City shall pay course fees, travel, lodging and meals for
training and certification courses that are required for an employee to carry out her/his job responsibilities.
If an employee fails to pass a class or certification, the employee Will pay all expenses associated with
retaking the course. All employees shall have one year to obtain required certification unless otherwise
required by law.
14.9 Call Out Reimbursement
The Street Department, Utilities Department, Waste Water Plant and Cemetery shall be required to have an
employee on call. The City will pay each on call employee (one employee per department) $50.00 to be on
call from 7:00 a.m. on Monday until 6:59 a.m. on the following Monday whether or not the employee is
called out. If an employee is called out while on call, the employee will be paid for actual time worked, in
one-half (1/2) hour increments. If the majority of any department elects not to participate in the above
policy, then that department will maintain an on-call schedule acceptable to the City Administrator and
shall be compensated for actual time worked.
44
CHAPTER 15
CONFERENCES AND TRAVEL
15.1 Approval
Attendance of City employees at conferences, training sessions and business meetings shall require prior
approval of the City Administrator when expenses to the City for other than regular salaries and benefits
are to be incurred.
15.2 Arrangements
Department heads shall make appropriate advance arrangements for transportation, hotel accommodations
and activity attendance. The least expensive practical mode of transportation shall be authorized. When
automobile transportation is specified, use of a privately owned vehicle shall be permitted only if an
appropriate City vehicle is unavailable. Employees using privately owned vehicles should be reimbursed
for mileage at the current rate established by the City.
15.3 Expenses
Unless otherwise authorized by the City Administrator, the City shall pay only for expenses of City
employees. Receipts for expenses shall be required in order to obtain reimbursement.
15.4 Other Auto Expenses
The out of town mileage reimbursement rate for those employees eligible and using their own vehicle shall
be the amount authorized by State Statute and set annually by the Department of Administrative Services.
45
CHAPTER 16
SAFETY
16.1 Training
Department Heads shall ensure all employees of the department are trained to work safely and that safety
rules and regulations are posted. Department Heads shall periodically conduct safety inspections of the
work site to detect hazardous areas or practices for correction as appropriate. The Department Head
therefrom shall maintain a record of said inspections and results. Employees are expected to know and
observe prudent safety precautions at all times, to wear required safety equipment, observe all posted safety
rules, and regulations and to keep the workplace neat and clean. Department Heads shall ensure all
employees are instructed as to fire, disaster and evacuation plans in effect for the City.
16.2 Accident and Injury Reporting
Employees shall immediately report all job accidents and injuries to their supervisors or department heads.
Within 24 hours of an employee accident or injury, his/her department head shall file a report with the City
Administrator. A minor injury may be treated at the scene. Otherwise, the victim may be transported to a
medical location for treatment.
An employee operating a city vehicle whom is involved in an accident, no matter how minor, shall first
notify a law enforcement agency and then his/her supervisor or department head. The supervisor or
department head shall then notify the City Administrator.
CHAPTER 17
MISCELLANEOUS PROVISIONS
17.1 Personnel Records
The City Administrator shall maintain the official personnel records for all City employees. An employee
shall have the right to inspect his or her official personnel records under the supervision of the City
Administrator or designated representative. Departments may maintain such working files as are necessary
for day-to-day administration. The following forms shall be used to facilitate personnel administration of
the City of Blair:
a. Application for Employment: Applicants seeking employment with the City shall complete
this form. The City shall maintain applications for a period of two (2) years.
b. Medical Examination Report: This report shall only be completed by a Doctor of Medicine.
Each new employee of the Police Department may be required to have a comprehensive
medical examination before entry to the City's service. In addition, the City may require
any employee to submit to a physical examination before or during any period of City
employment to determine physical fitness to perform assigned job duties.
C. Request for Leave Form: This form shall be completed by the employee prior to the
beginning date of the leave except request for sick leave, which shall be made in advance if
possible, otherwise, at the earliest possible date.
1) Department Heads - Department Heads shall submit their request for leave to the
City Administrator for approval.
2) Other Employee - Employees other than Department Heads shall submit their
requests for leave to the Department Head for approval. It is the responsibility of
the Department Head to notify the City Administrator of leave lasting for three days
or more.
17.2 Status Changes
An employee shall promptly inform his or her supervisor or department head of any change in name,
address, telephone number, marital status, number of dependents, or other aspects of personal status
impacting on personnel, insurance, or payroll records. A Personnel Status Form shall be completed before
any change of employment status of any employee is official. The supervisor or department head shall
ensure that the City Administrator is notified of each change. The City Administrator must approve a
change of status.
17.3 Suggestions
Employee suggestions for improving the efficiency, economy and effectiveness of City government shall
be encouraged. Employees may submit written suggestions to their supervisors, department heads, or to
the City Administrator. Suggestions shall be acknowledged.
47
CHAPTER 18
SUBSTANCE ABUSE TESTING POLICY
18.1 Definitions
As used in this ordinance, the following words and phrases shall have the meanings indicated
unless the context clearly indicates otherwise:
(a) Alcohol means ethyl alcohol (ethanol) in a beverage or medication.
(b) Breath alcohol technician (BAT) means a City supervisor or collection site technician
trained and certified in the use of a DOT approved evidential breath testing device.
(c) Collection site personnel means technicians who instruct and assist individuals at a
collection site and received and make an initial examination of the urine specimen
provided by those individuals. Collection site personnel shall have successfully
completed training to carry out this function or shall be a licensed medical professional or
technician who has been provided DOT instructions for collection. Technicians may also
be BAT'S.
(d) Commercial driver's license (CDL) means a private driver's license issued by the State of
Nebraska to afford a qualified and competent individual the privilege of operating a
commercial motor vehicle.
(e) Contractor means the organization having knowledge and experience in SAMHSA
laboratory drug testing procedures that is hired by the employee relations department to
select employees for random testing.
(f) DHHS means the U.S. Department of Health and Human Services.
(g) Director means the director of the department of employee relations or his designee.
(h) DOT means the U.S. Department of Transportation.
(i) Employee means any person in the employ of the City whose activities are directed by the
City.
(j) Employee assistance program (EAP) means the program provided by the City to assist
employees in dealing with personal problems that, among other things, may involve drug
abuse and/or alcohol misuse and affect job performance.
(lc) Evidential breath testing device (EBT) means an instrument reliable in measuring alcohol
concentration in breath that meets the National Highway Traffic Safety Administration
specifications, and is included in the conforming products list of evidential breath testing
devices.
M
(1) Failed alcohol test result means the presence of alcohol in the breath at a level of .04 or
greater as confirmed by an evidential breath testing device administered by a trained and
certified breath alcohol technician (BAT).
(m) Medical review officer (MRO) means a licensed physician responsible for receiving
laboratory results generated by the City's drug testing program. The MRO shall have
knowledge of substance abuse disorders and have appropriate medical training to
interpret and evaluate an individual's positive test result together with that individual's
medical history and any other relevant biomedical information.
(n) Negative test result means (i) the absence of drugs in the urine of an employee/applicant
based on levels defined by SAMHSA and confirmed by a SAMHSA certified laboratory
and/or a medical review officer; or (ii) the absence of alcohol in breath based on levels
defined in 49 C.F.R., Part 653 and 654, and confirmed by a SAMHSA certified
laboratory or evidential breath resting device (EBT).
(o) Periodic unannounced test means a substance abuse test given to an employee as part of a
return -to -duty contract. This is not to be confused with random testing.
(p) Positive drug test result means the presence of drug(s) in the urine of an
applicant/employee based on levels defined by the SAMHSA as confirmed by a
SAMHSA certified laboratory and a medical review officer.
(q) Post -accident test means a substance abuse test given to an employee when an accident
has occurred and drugs and/or alcohol may be a contributing factor in the accident and/or
significant damage to life and/or property has occurred.
(r) Pre-employment test means a substance abuse test given to a successful applicant for a
public safety or safety -sensitive position.
(s) Promotion means a change in the status of an employee from a position of one class to a
position of another class having a higher salary range.
(t) Public safety position means a position in the police or fire department having a
substantially significant degree of responsibility for the safety of the public where the
unsafe performance of an employee could result in death or injury to self or others,
including but not limited to all sworn personnel, emergency communications clerks,
police clerks working within the dispatch section, supervisory positions,
firefighters/paramedic, dispatchers, mechanics, fire apparatus engineers, fire investigators
and fire inspectors.
(u) Random test means an unannounced substance abuse test given periodically to employees
who are required by government regulations to be subject to random testing, and police
and fire personnel classifications subject to random testing under this Ordinance.
(v) Reasonable suspicion test means a test based on objective observation/information
indicating that an employee may be violating this Ordinance and/or the Substance Abuse
49
Operating Policy (Attachment A).
(w) Return -to -duty contract means a contract between the City and an employee, which
allows an employee continued employment under stringent guidelines prohibiting use of
drugs and alcohol. Failure to meet contract terms, including successfully passing
substance abuse tests, shall result in termination.
(x) Safety -sensitive position means a position requiring a commercial driver's license (CDL)
and having a substantially significant degree of responsibility for the safe operation of
mass transportation and motor carrier service where the unsafe performance of an
incumbent could result in death or injury to self or others. Safety -sensitive positions
include, but are not limited to:
(1) Bus operator, route inspector, shift supervisor, operations supervisor,
mechanics, other shop personnel, and anyone supervising employees in the
aforementioned positions, in the public transportation department;
(2) Positions requiring a CDL; and
(3) Any other positions determined to be safety -sensitive under 49 C.F.R. Part
653 and 654.
(y) SAMHSA means the Substance Abuse and Mental Health Services Administration, which
is responsible for laboratory certification.
(z) Split sample collection means urine collected in a single specimen bottle or container, and
subdivided into two specimen bottles, one bottle to be used as the primary specimen, the
other bottle to be used as a split specimen. Both specimen bottles are labeled and sealed
and both specimen bottles are shipped to the testing laboratory in a single shipping
container.
(aa) Substance Abuse means use of prohibited drugs as defined in Section 14-403 or
inappropriate consumption of alcohol, prescription drugs, and/or over-the-counter
medication.
(bb) Substance abuse professional (SAP) means a licensed physician with a Medical Doctor
or a Doctor of Osteopathy degree with knowledge of and clinical experience in the
diagnosis and treatment of alcohol and/or drug related disorders, or a licensed or certified
psychologist, social worker or employee assistance professional with knowledge of and
clinical experience in the diagnosis and treatment of alcohol and/or drug related
disorders, or alcohol and/or drug abuse counselors certified by the National Association
of Alcoholism and Drug Abuse Counselors (NAADAC) Certification Commission. This
does not include state -certified counselors.
(cc) Successful applicant means a person who has been selected to fill a position, subject to
successful completion of a drug/alcohol-screening test.
50
(dd) Testing cutoff levels means the most current applicable SAMHSA Panel cutoff levels for
drugs, and the most current applicable cutoff levels established by the DOT for alcohol,
to determine the presence of drugs and/or alcohol.
18.2 Substance Abuse Testing Polia
(a) Testing. The City shall use drug and alcohol tests to determine whether employees or
applicants for employment are in compliance with the Substance Abuse Operating Policy
(Attachment A) incorporated in and made a part of this Ordinance by reference. Every
substance abuse test shall include two components, alcohol and drugs
(b) Effect of testing results.
(1) Positive results for urinalysis drug test will result in disciplinary action or
termination in the case of city employees, and disqualification from
employment consideration in the case of applicants for employment.
(2) Failure to pass a breath alcohol test will result in disciplinary action or
termination in the case of city employees, and disqualification from
employment consideration in the case of applicants for employment as
follows:
(i) Employees testing at a .02 alcohol concentration or greater but less than a .04 alcohol
concentration will be disciplined, but not terminated, based solely on the test results
alone. The employee immediately shall be removed from the work site. The employee
may not return to duty within eight (8) hours of the first test unless the employee repeats
the breath test and has an alcohol concentration that measures less than .02. The
employee shall be placed on paid leave that shall be deducted from annual leave. An
employee who does not have sufficient leave will be charged leave without pay.
(ii) If the results of the test show an alcohol concentration of .04 or
greater, the employee has failed the test and the employee shall be
removed from his/her position and placed on leave without pay. Within
48 hours of the test, the employee shall be informed by their supervisor of
educational and substance abuse treatment programs, and be evaluated by
a SAP. The determination of the SAP shall be considered in further
decisions' regarding continued employment of the employee.
(c) Reapplication after a positive and/or failed test.
(1) An applicant who is disqualified or an employee who is terminated based
on a positive drug and/or failed alcohol test result may not reapply for
employment for at least one year after the disqualification or termination
has taken place. The applicant or employee shall submit to the employee
relations director a certificate on which the attending SAP certifies that the
individual has successfully participated in an appropriate treatment
program. The treatment program shall typically be at least twelve (12)
51
months in duration, including in-patient treatment, outpatient treatment,
and after-care. The individual may not have tested positive for drugs or
failed an alcohol test at any point during the treatment program. The
program shall have included unannounced testing at the cutoff levels
defined in this Ordinance.
(2) At the discretion of the employee relations director, consideration for re-
employment or employment may be denied even if all criteria have been
met.
18.3 Prohibited Drugs
(a) Subject to Paragraph (b) of this Section, prohibited drugs for which testing shall be
conducted are:
(1) Marijuana, Cocaine, Opiates, Phencyclidine (PCP), and Amphetamines
specified in Schedule I or Schedule II of the Controlled Substances Act, 21
U.S.C. State Statute 801 et seq., and 21 C.F.R. State Statute State
Statute1308.11 and 1308.12; and
(2) Additional substances listed in Schedule I or II of the Controlled
Substances Act, 21 U.S.C. State Statute 801 et seq., and 21 C.F.R. State
Statute State Statute 1308.11 and 1308.12 which are determined necessary
for inclusion on the list of prohibited drugs by the employee relations
director and approved by the medical officer of the City and for which
notice of testing therefor has been given to all affected employees.
Additional substances determined necessary for inclusion will be included
only when protocols and threshold levels for laboratory testing are
established and approved by SAMHSA.
(b) Drugs identified in Schedule I or II of the Controlled Substances Act, 21 U.S.C. State
Statute 801 et seq., and 21 C.F.R. State Statute State Statute 1308.11 and 1308.12 may be
considered legal when used pursuant to a valid prescription or otherwise authorized by
law.
(c) Notwithstanding Paragraph (b) of this Section, if usage causes unsafe or poor
performance such usage shall be a violation of this Ordinance and the Substance Abuse
Operating Policy (Attachment A).
18.4 Testing Program Guidelines
(a) Testing times. Except as otherwise provided in this Paragraph, all testing shall be
conducted just before, during, or just after scheduled duty hours. Employees tested just
before or just after their scheduled shift will be entitled to compensation for the time
spent outside their scheduled shift accomplishing the test. When required as a result of
reasonable suspicion or an accident, testing shall occur as close as possible to the
triggering event.
52
(b) Testing accessibility. The City has made provision for 24-hour a day, 365 -day a year
substance abuse testing. The employee relations department shall be responsible for
notifying departments of the name, location, and telephone number for designed
collection sites. Such information shall be posted in each department.
(c) Testing personnel. City work site breath alcohol testing for both initial and confirmatory
tests shall be conducted by BATS trained in DOT procedures and in operation of EBTs.
A list of City BATs shall be posted in each department. The employee relations
department shall furnish all City agencies and unions with a list containing the name,
telephone number, and hours of availability for each BAT. All other substance abuse
testing shall be conducted by collection site personnel and a SAMHSA certified
laboratory.
(d) Methods of testing. Testing shall be done through analysis of urine specimens and breath
samples provided by applicants/employees. Each substance abuse test shall have two
components, a test for the presence of alcohol and a test for the presence of drugs. Urine
specimens shall be analyzed with an immunoassay -screening test. Positive test results
from the immunoassay shall be confirmed by a Gas Chromatography -Mass Spectrometry
(GC -MS) test. The presence of alcohol shall be determined by an EBT.
(e) Collection sites/testing laboratories. Collection of urine specimens/breath samples from
applicants for City employment and City employees shall be done at designated
collection sites, using the "split -sample" method for collection of urine specimens. Urine
collection shall be scheduled by the employee relations department and performed by
collection site personnel.
(f) City work sites. Breath testing at the work site shall be coordinated by designed
department supervisory personnel. The breath sample shall be collected at a site that
optimizes confidentiality.
(1) Substance abuse testing for pre-employment, random, and retum-to-duty/follow-
up testing shall be administered at a designed City collection site or testing
laboratory by collection site personnel.
(2) In instances where reasonable suspicion or post -accident testing are required and
the appropriate alcohol testing device and a BAT are readily accessible, the
alcohol test shall be administered at a City work site. The drug test shall then be
administered at a designated City collection site or testing laboratory. If the
appropriate testing device and/or BAT are not readily accessible, both tests shall
be administered at a designated City collection site or testing laboratory.
(g) Compliance and chain -of -custody. The collection site shall adhere to the collection
provisions set forth in 49 C.F.R. Part 653 and 654. A strict chain of custody shall be
maintained on each specimen as described in 49 C.F.R. Part 653 and 654.
53
18.5 Alcohol Testing
(a) Breath alcohol testing shall be administered for pre-employment, random, reasonable
suspicion, post -accident, and return-to-duty/follow-up testing. Pre-employment alcohol
testing shall be conducted on the basis of the City's independent authority.
(b) Alcohol -level breath testing shall be performed by a BAT. An employee's direct
supervisor may not perform as a BAT except in circumstances where there is no other
BAT readily available.
(c) Safety -sensitive employees shall be tested on an evidential breath -testing device,
according to 49 C.F.R. Part 653 and 654. Employees with a CDL shall be allowed to take
the alcohol breath test only in accordance with rules specified in (c) (2).
(1) Screen test. The initial test shall be done using an EBT in accordance with 49
C.F.R. 41 Part 653 and 654. If the initial test results are less than a .02 alcohol
concentration, then the test results are negative and shall be reported by the BAT
as such. If the initial test results are .02 or greater, a confirmatory test shall be
conducted.
(2) Confirmatory test. The confirmatory test may be conducted on the same EBT as
the initial test in accordance with 49 C.F.R. Part 653 and 654. Before the
confirmatory test may be given, a minimum of 15minutes must pass for either the
same EBT machine to clear or before the use of another EBT machine. The
confirmation test shall be given within 20 minutes of the time the initial test was
performed. Only the results of the confirmatory test shall be reported, irrespective
of the results of the initial test.
18.6 Split Sample Testing of Urine Specimens
(a) In instances when a urinalysis test result is positive, an employee or applicant may wish
to have the specimen analyzed again. In order to provide for this eventuality, the
procedure for collecting urine specimens shall be a split sample collection for all
employees and applicants.
(c) An applicant/employee may obtain a split sample test on a urine specimen if the analysis
of the initial specimen confirms a positive drug test result for the presence of prohibited
drugs. The applicant/employee has 72 hours from notification of the positive test results
to request, through the MRO, that the split sample specimen be sent to another SAMHSA
certified laboratory for analysis.
(1) Any split sample test shall be performed by a SAMHSA certified laboratory of the
applicant's/employee's choice. The full cost of any split sample test shall be paid
by the individual or union requesting the test. The same methods and standards
for chain -of -custody and notification shall be applicable to a split sample test.
The SAMHSA cutoff levels shall be used for split sample tests of urine
specimens.
54
(2) If the split sample result is negative, the positive result of the initial test is
canceled and no further adverse action shall be taken against the employee based
on the initial positive result.
18.7 Confidentialitv
(a) Individuals shall have authorized access to substance abuse test results and related
information only on a strict need -to -know basis, as determined by the director of
employee relations.
(b) The detailed laboratory analysis of a urine specimen may be released by the MRO, upon
written request from the applicant/employee. The employee relations department shall
adhere to applicable federal regulations with regard to confidential documents and
information.
18.8 Pre-employment Applicant Testing and Procedure
(a) Pre-employment drug and alcohol testing shall be the final step in the selection process
for all city positions. The City Administrator may waive testing of part-time employees.
Pre-employment testing may result from the employment actions of new hire, rehire,
promotion, demotion, transfer, reinstatement, and reemployment.
(1) Employees in safety -sensitive or public safety positions shall be required to take a
substance abuse test for transfer, promotion, or demotion unless this requirement
is waived by the director because an employee has passed a substance abuse test
within the last thirty (3 0) days.
(2) Failure to take and successfully pass the substance abuse test shall disqualify the
applicant.
(b) Procedures. The following procedures shall be utilized in pre-employment testing:
(1) The employment office shall notify applicants/employees in writing of the
requirements for testing and the consequences of positive drug and/or failed
alcohol test results.
(2) The employment office shall provide to the collection site personnel the names of
those applicants/employees who are to be tested.
(3) The employment office shall contact the applicant/employee and schedule
appointments for collection of urine specimens/breath samples from the
designated individuals.
(4) The employment office shall notify each applicant/employee to be tested of the
date, time, and place of the appointment. The applicant/employee shall be
required to appear for the test at the designated time.
55
(5) Collection site personnel shall follow the guidelines for collection of urine
specimens/breath samples.
(6) The laboratory shall analyze urine specimens/breath samples in accordance with
guidelines for urine specimen/breath sample analysis.
(7) The MRO shall review positive drug test results in accordance with guidelines.
(8) Positive drug test results submitted by MRO shall disqualify the
employee/applicant from the position for which the employee/applicant is being
considered. The employee relations department shall inform the applicant of such
disqualification and shall terminate an applicant employee.
(9) A failed alcohol test shall disqualify the employee/applicant from the position for
which the employee/applicant is being considered. The employee relations
department shall inform the applicant of such disqualification and shall terminate
an applicant employee.
(10) An employee/applicant whose alcohol testing results are .02 or greater but less
than 0.4 shall be disqualified from the position for which the employee/applicant
is being considered. The employee relations department shall inform the
applicant of such disqualification and shall take appropriate disciplinary action
against the applicant employee.
18.9 Reasonable Suspicion Testing
(a) Reasonable suspicion testing shall be conducted when there are reasonable and specific
grounds to believe that the poor performance or unsafe acts of an employee are due to a
violation of this Ordinance.
(1) Reasonable suspicion testing may be based upon, among other things:
(i) Observable phenomena, including but not limited to direct
observation of drug use or possible alcohol consumption or
possession, and/or the physical symptoms of drug abuse and/or
alcohol misuse; and
(ii) A pattern of abnormal conduct or erratic behavior.
(2) Although reasonable suspicion testing does not require certainty, mere "hunches"
are not sufficient. The employee relations department shall review the
circumstances under which reasonable suspicion testing is requested and authorize
the test if circumstances warrant. The "Supervisors' Reasonable Suspicion
Observation Checklist" (Attachment B) shall be utilized to assist supervisors in
making reasonable suspicion determinations.
56
(b) Reasonable suspicion procedure. When a City supervisor who has been trained in the
signs and symptoms of drug abuse and/or alcohol misuse observes behavior or
appearance that is characteristic of alcohol misuse or drug abuse, the supervisor shall
complete the "Supervisors' Reasonable Suspicion Observation Checklist" (Attachment
B). The supervisor shall call the employee relations department immediately after
completing the "Supervisors' Reasonable Suspicion Observation Checklist." A
determination concerning the appropriateness of testing shall be made within on (1) hour.
If a test is authorized, testing shall occur as soon as possible but no later than thirty-two
(32) hours for drugs and no later than eight (8) hours for alcohol. If a test is administered,
the "Supervisors' Reasonable Suspicion Observation Checklist" shall be forwarded to the
employee relations department no later than twenty-four (24) hours following the
approval test. The form shall contain as much detail as possible outlining observations
upon which reasonable suspicion was based.
(1) For situations in which health and safety are not an immediate issue:
(i.) Immediately after becoming aware of factors leading to a
reasonable suspicion determination, the supervisor of the employee
who is suspected of drug abuse and/or alcohol misuse shall report
to the employee relations department those reasonable and specific
grounds which have resulted in reasonable suspicion using the
"Supervisors' Reasonable Suspicion Observation Checklist"
(Attachment B);
(ii) If the reasonable and specific grounds, do not meet the criteria for
reasonable suspicion, the employee relations department shall so
advise the supervisor and the supervisor may talk to and/or
discipline the employee as appropriate on the behavioral and
performance aspects of the employee's conduct which have caused
concern. The discussion and/or disciplinary action shall focus on
conduct and performance; and
(iii) If the reasonable and specific grounds meet the criteria for
reasonable suspicion, the supervisor and the employee shall meet
as soon as possible after the occurrence. The discussion at the
meeting shall focus on the behavioral and performance aspects of
the employee's conduct that have resulted in reasonable suspicion.
The employee shall be notified of the requirement to test at that
meeting. The supervisor then shall escort the employee to the
collection site.
(2) For situations in which an employee's behavior poses a potential present
danger to the health and/or safety of the employee, other employee(s), or
the public and it is reasonably -suspected that such behavior has resulted
from drug abuse and/or alcohol misuse, the supervisor shall act
immediately to eliminate or reduce the present danger to health and safety
by:
57
(i) Requiring the employee to cease performing the danger causing
activity immediately until the potential danger causing behavior
itself has been eliminated;
(ii) Arranging for the employee to leave the scene, under escort if
necessary, and return to an appropriate City work site or collection
site or otherwise remain in a place where no person's health and
safety is endangered. Under no circumstances shall an employee
be allowed to drive a vehicle or operate City equipment if the
employee is suspected of violating the Substance Abuse Operating
Policy (Attachment A) or this Ordinance. The employee's
supervisor shall make arrangements for the employee's
transportation home following testing. If the employee appears to
be in violation of the Substance Abuse Operating Policy
(Attachment A) and this Ordinance and insists on driving, the
supervisor shall notify the Police Department or State Troopers
immediately. The employee relations department shall be
contacted and advised of the situation; and
(iii) Following elimination of the present danger to health and/or safety:
(A) The supervisor of the employee who is suspected of drug
abuse and/or alcohol misuse shall immediately report to the
employee relations department those reasonable and
specific grounds which have resulted in reasonable
suspicion.
(B) If the reasonable and specific grounds do not meet the
criteria for reasonable suspicion, refer to Paragraph (b) (1)
(ii) of this Section.
(C) If the reasonable and specific grounds meet the criteria for
reasonable suspicion, refer to Paragraph (b) (1) (iii) of this
Section.
(3) Collection site personnel shall follow the guidelines for collection.
(4) The laboratory shall analyze urine specimens/breath samples in
accordance with guidelines for analysis.
(5) The MRO shall review positive drug test results in accordance with
guidelines.
(6) The employee shall be removed from duty in accordance with this
Ordinance until further notification.
18.10 Post -accident TestinLy
(a) Post -accident testing shall be conducted for any employee involved in a work-related
accident that results in a citation for a moving violation, death, personal injury or medical
help required away from the scene of the accident, damage to City or private property, or
a vehicle being towed from the scene of the accident or removed from service. For all
other accidents where a supervisor has reasonable and specific grounds to believe a
substance abuse test is appropriate, "reasonable suspicion" procedures shall be reviewed
and followed.
(b) Post -accident testing procedure. When post -accident testing is required by this Section,
any employee who is directly involved in the incident shall be subject to the specific
criteria set forth below for being tested for drugs and/or alcohol. The first priority shall
be treatment of any injuries and cooperation with law enforcement personnel.
(1) When required by this Section, City supervisors shall initiate testing
procedures as appropriate, regardless of the decision to test by law
enforcement personnel. If law enforcement personnel do not allow the
employee to undergo separate City testing, the supervisor shall notify the
employee relations department as soon as possible.
(2) Post -accident alcohol testing shall be done as soon as possible but no later
than eight (8) hours after the accident and post -accident drug testing shall
be done no later than thirty-two (32) hours after the accident.
(3) If an accident resulting in damage to City or private property was caused
by a public safety employee, operating was caused by a public safety
employee, operating within standard operating policy guidelines, the
requirement for post -accident testing may be waived by a command
officer for police department employees, or the health and safety officer
for fire department employees.
(4) The following procedure shall be followed for post -accident testing:
(i) The supervisor shall immediately inform the employee that a
substance abuse test is required as soon as is reasonable possible.
City personnel, at all times, shall cooperate with law enforcement
authorities.
(ii) The supervisor shall immediately report the incident to the
employee relations department. The employee shall be tested as
soon after the accident as possible. In instances of hospitalization
of the employee, the employee relations department shall notify the
collection site to arrange for testing. The employee shall be
notified of the testing. If the employee is unconscious and unable
to consent to a substance abuse test, the employee shall be required
to sign a release as soon as the attending physician determines the
employee is able to do so. At that time, the employee shall sign
59
the necessary forms and provide a urine specimen/breath sample.
(iii) The employee relations department shall arrange for the test with
collection site personnel, or authorize the supervisor to do so.
(iv) Collection site personnel shall follow the guidelines for urine
specimens/breath samples.
(v) In the event of hospitalization of the employee, collection site
personnel shall notify the employee relations department that the
testing was conducted.
(vi) The employee shall be removed from duty in accordance with this
Ordinance.
(5) Nothing is this Section shall preclude reasonable suspicion testing where
facts and circumstance may not require post -accident testing.
18.11 Return -to -duty and Follow-up Testing
(a) Return -to -duty and follow-up testing shall be required 1) when an employee self reports a
substance abuse problem prior to taking a drug test which results in a confirmed positive
or prior to taking an alcohol test with a result greater than .02 and enters a treatment
program; or 2) when an employee has violated the Substance Abuse Operating Policy
(Attachment A) and/or this Ordinance and as a condition of continued employment agrees
to a return -to -duty contract.
(1) Testing under this Section shall be conducted:
(i) After an alcohol test result of greater than .02;
(ii) As part of a return -to -duty contract; or
(iii) After an employee has notified his/her supervisor of the
employee's participation in a substance abuse treatment program.
(2) An employee may be tested at any time during:
(i) The period of the employee's participation in the substance abuse
treatment program;
(ii) The 60 -month period immediately following the employee's return
to duty after successful completion of a substance abuse treatment
program; or
(iii) The time frame outlined in the return -to -duty contract.
I
(b) Return -to -duty and follow-up testing procedure. Whenever an employee who has
violated the Substance Abuse Operating Policy (Attachment A) or this Ordinance is
allowed to return to duty, substance abuse testing shall be conducted on a periodic
unannounced basis for up to 60 months following his/her return to duty. The affirmative
action/compliance manager shall oversee the inclusion of this testing requirement in
return -to -duty contracts this is part of grievance resolutions, arbitration decisions, job
jeopardy contracts, or voluntary rehabilitation decisions.
(1) The return -to -duty contract shall clearly outline the supervisor's desired
performance goals and employee obligations including remaining
completely drug and/or alcohol free. The contract shall also clearly state
the disciplinary action that shall be taken if the employee fails to adhere to
the provisions of the contract. A violation of the contract may result in
discipline up to and including termination.
(2) Once a return -to -duty contract has been agreed to by the employee,
supervisor, and union (where applicable), as well as reviewed and
approved by the employee relations department and other appropriate
authorities, the following steps shall be taken:
(i) The SAP shall establish an individualized testing schedule.
(ii) The SAP shall keep the schedule confidential and secured. The
City may require testing at anytime while the return -to -duty
contract is in effect.
(iii) The SAP shall notify employee's supervisor one day prior to the
substance abuse test. The supervisor shall keep this information
confidential.
(iv) The supervisor may inform the employee of the test no earlier than
one hour prior to the collection appointment.
(v) Once notified, the employee shall immediately go to the collection
site accompanied by the supervisor.
(vi) Urine specimen/breath sample collection, analysis, review, and
employee relations department response shall be done in
accordance with procedures specified in this Ordinance.
18.12 Random Testing
(a) Random testing shall only be applicable to employees required by government regulations and/or
this Ordinance to be subject to random testing, including but not limited to police department and
fire department employees in classifications subject to random testing under this Ordinance.
Once each month, the contractor shall randomly select the appropriate percentage of employees,
as determined by the employee relations department, employed in safety -sensitive and public
61
safety positions to be tested. The selection shall be performed through use of a statistically valid
computer random selection method.
(b) Random testing procedure. Random testing shall be conducted just before, during, or just after
scheduled duty hours.
(1) The employee relations department shall provide the contractor with the identification of
employees to be included in a statistically valid computer random selection program that
allows for each employee in a safety -sensitive or public safety position to have an equal
chance of being tested.
(2) The testing dates and times shall be with unpredictable frequency throughout the year.
Some safety -sensitive or public safety employees may be tested more than once a year;
some may not be tested at all depending upon the random selection. All safety -sensitive
and public safety employees remain in the random selection pool at all times, regardless
of whether or not they have been previously selected for testing.
(3) Supervisors of the employees to be tested shall be notified by the affirmative action
compliance manager of the dates of the test appointments. That information shall be held
in confidence. Employees are to receive NO prior notification. The supervisor shall
notify each employee to be tested and a supervisor shall escort them to the collection site.
The employee is required to report for the test immediately. Specimen collection,
analysis, review, and employee relations department response shall be accomplished in
accordance with this Ordinance. Employees hired during the year shall be added to the
selection pool during the month following their hire. .
18.13 Refusing to Take a Test
(a) Refusing to take or submit to a substance abuse test for any reason shall be construed as a
positive drug test result and all provisions relating to a positive drug test result shall be
applicable.
(d) Refusing to submit to a substance abuse test includes, but is not limited to:
(1) Inability to provide sufficient quantities of breath or urine to be tested without a
valid medical explanation;
(2) Tampering with or attempting to adulterate the specimen or collection procedure;
(3) Not reporting to the collection site in the time allotted; or
(4) Leaving the scene of an accident without a valid reason before the tests have been
conducted.
62
CONCLUSION
All City Employees help provide the services that the citizens of Blair hope for, pay for, and expect. Good
streets, excellent water systems, enjoyable parks, good community planning, and police and fire protection
do not just happen. As you join this organization, we know that you too will give your best effort to
provide the people of this community with the services that they can expect. It is not an easy task, but it is
worthwhile.
Everyone with the City of Blair wishes you well on your job. We hope that your working relationship with
the City is long, pleasant and rewarding.
63
INDEX
Absence without Leave
page
Accident and Injury Reporting
45
Administrative Leave
22
Alcohol Testing
53
Affirmative Action
8
Appeal Procedure
36
Appointing Authority
15
Appointment Types
15
Assigned Vehicles
30
Basic Employee Responsibilities and Conduct
29
Benefits Continuation (COBRA)
38
City Administrator
7
City Property
30
Civil Service
35
Civil Service Commission
7
Clothing and Uniform Allowance
42
Competitive Selection
10
Conferences and Travel Approval
44
Conferences and Travel Arrangements
44
Conferences and Travel Expenses
44
Confidentiality
32
Conflicts of Interest
30
Demotion
34
Demotion in Lieu of Layoff
11
Disability Accommodation
8
Discrimination Complaints
8
Dismissal
34
Disqualification
13
Documentation and Notification
14
Education Benefits
42
Emergency Closing
28
Employee Benefits
41
Employee Development Policy
17
Employee Processing Orientation
17
Employment of Relatives
15
Equal Employment Officer
8
Equal Employment Opportunity Policy
8
Evaluation of Qualifications
13
Failure of Probation
16
Filing of Applications
12
Final Arbiter
35
Funeral Leave
21
Grievance Policy
36
Grievance Procedure
36
64
Page
Harassment Prohibited
31
Holidays
26
Immigration Law Compliance
9
Initial Processing of Application
12
Interviews
14
Lateral Transfer
11
Layoff
37
Leave Without Pay
24
Mayor - City Council
7
Maternity/Paternity Leave
27
Medical Leave of Absence
24
Noncompetitive Selection
10
Other Auto Expenses
44
Outside Employment
30
Overtime
18
Overtime Pay
40
Pay Day
40
Pay Deduction
40
Performance Evaluation Requirement
17
Personnel Records
46
Political Activity
31
Post -Accident Testing
58
Pre-employment Applicant Testing and Procedure
54
Processing and Orientation .
15
Prohibited Drugs
51
Promotion Policy
10
Purpose and Design of Application Forms
12
Purpose of Evaluations
17
Purpose of Probationary Period
16
Random Testing
60
Reasonable Suspicion Testing
55
Refusing to Take a Drug Test
61
Reinstatement of Benefits (Bridging)
39
Reinstatement Following Layoff
39
Reinstatement Following Resignation 1
39
Reinstatement Following Separation for Incapacity
39
Requirement of Probationary Period
16
Residence
15
Resignation
37
Retirement
37
Return to Duty and Follow-up Testing
59
Safety Training
45
65
Page
Selecting Officials
14
Separation for Incapacity
38
Sick Leave
19
Solicitation
31
Special Employment Programs
11
Split Sample Testing of Urine Specimens
53
Status Changes
46
Substance Abuse Confidentiality
54
Substance Abuse Testing Policy
50
Substance Abuse Testing Program Guidelines
51
Suggestions
46
Supervisory Responsibilities
29
Suspension
34
Temporary Positions
11
Types of Disciplinary Action
34
Use of Equipment and Vehicle
33
Vacancy Announcements
12
Vacancy Identification
10
Vacation Leave
18
Voluntary Demotion
11
Wages in Advance
41
Work Schedules and Attendance
18
Written Reprimand
34