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FORWARD
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.
Forward/Disclaimer, page I
TABLE OF CONTENTS
FORWARD/DISCLAIMER
INTRODUCTION TO THE CITY
CHAPTER I ORGANIZATION FOR PERSONNEL ADMINISTRATION
1.1 Mayor - Cit<' Council
1.2 Civil Service Commission
1.3 City Administrator
CHAPTER 2 E UAL EMPLOYMENT OPPORTUNITY
2.1 Equal Employement Opportunity Policy
2.2 Equal Employment Officer
2.3 Affilmative Action
2.4 Discrimination Complaints
2.5 Disability Accommodation
2.6 Immigration Law Compliance
CHAPTER 3 METHOD OF FILLING VACANCIES
3.1 Vacancy Identification
3.2 Promotion lic
3.3 Competitive Selection
3.4 Noncompetitive Selection
3.5 Voluntn Demotion
3.6 Demotion in Lieu of Layoff
3.7 Lateral Transfer
3.8 Special Employment Programs
3.9 Temporary Positions
CHAPTER 4 RECRUITMENT AND SELECTION
4.1 V acancY Announcements
4.2 ppgose and Design of Application Fol
4.3 Filing of Appl ica ns
4.4 Initial Processing of Application
4.5 Evaluation of Qualifications
4.6 Disqualification
4.7 Selecting Officials
4.8 Interviews
4.9 Documentation and Notification
Table of Contents, page 1
CHAPTER 5 APPOINTMENT
5.1 Appointing Authority
5.2 Appointment Types
5.3 Employment of Relatives
5.4 Residence
5.5 Processing and Orientation
CHAPTER 6 INTRODUCTORY PERIOD
6.1 Requirement of Introductory Period
6.2 Purpose of Introductory Period
6.3 Failure of Introductory Period
CHAPTER 7 EMPLOYEE DEVELOPMENT AND EVALUATION
7.1 Employee Development Policy
7.2 Performance Evaluation Requirement
7.3 Purpose of Evaluations
CHAPTER 8 ATTENDANCE AND LEAVE
8.1
Work Schedules and Attendance
8.2
Overtime
8.3
Vacation Leave
8.4
Sick Leave
8.5
Funeral Leave
8.6
Administrative Leave
8.7
Leave Without Pay
8.8
Medical Leave of Absence
8.9
Absence without Leave
8.10
Holidays
8.11
Maternity/Pat!!, i Leave
8.12
Emergency Closings
CHAPTER 9 EMPLOYEE RESPONSIBILITIES AND CONDUCT
9.1 Basic Employee Responsibilities and Conduct
9.2 Supervisory Responsibilities
9.3 City Property
9.4 Assigned Vehicles
9.5 Outside Employment
9.6 Conflicts of Interest
9.7 Political Activity
9.8 Solicitation
9.9 Harassment Prohibited
Table of Contents, page 2
9.10 Confidentiality
9.11 Use of Equipment and Vehicles
CHAPTER 10 DISCIPLINARY ACTION
10.1pes
of Disciplinaiy Action
10.2
Written Reprimand
10.3
Suspens
10.4
Demotion
10.5
Dismissal
10.6
Final Arbiter
10.7
Civil= e
CHAPTER 11 APPEALS AND GRIEVANCES
11.1 Appeal Procedure
11.2 Grievance Policy
11.3 Grievance Procedure
CHAPTER 12 RESIGNATION LAYOFF AND INCAPACITY
12.1
Resignati
12.2
Retire
12.3
Layoff
12.4
Separation for Incapacity
12.5
Benefits Continuation (COBRA)
CHAPTER 13 REINSTATEMENT
13.1 Reinstatement Following Resignation
13.2 Reinstatement of Benefits (Bridging)
13.3 Reinstatement Following Layoff
13.4 Reinstatement Following Separation for Incapacity
CHAPTER 14 COMPENSATION PLAN
14.1 Pay Deductions
14.2 Pay Day
14.3 Overtime Pay
14.4 Wages in Advance
14.5 Employee Benefits
14.6 Clothing and Uniform Allowance
14.7 Education Benefits
14.8 Certification
14.9 Call Out Reimbursement
Table of Contents, page 3
CHAPTER 15 CONFERENCES AND TRAVEL
15.1 Conferences and Travel Approval
15.2 Conferences and Travel Arrangements
15.3 Conferences and Travel Expenses
15.4 Other Auto Expenses
CHAPTER M SAFETY
16.1 Safety Training
16.2 Accident and In Reporting
CHAPTER 17 MISCELLANEOUS PROVISIONS
17.1
Personnel Records
17.2
Status Changes
17.3
Suggestions
CHAPTER 18 SUBSTANCE ABUSE TESTING POLICY
18.1 Definitions
18.2 Substance Abuse Testing Policy
18.3 Prohibited Drugs
18.4 Testing Program Guidelines
18.5 Alcohol Testing
18.6 Split Sample Testing of Urine Specimens
18.7 Confidentiality
18.8 Pre-employment Applicant Testing and Procedure
18.9 Reasonable Suspicion Testing
18.10 Post -Accident Testing
18.11 Return to Duty and Follow-up Testing
18.12 Random Testing
18.13 Refusing to Take a Test
CONCLUSION
INDEX
Table of Contents, page 4
CHAPTER 1
ORGANIZATION FOR PERSONNEL ADMINISTRATION
1.1 Mayor - City Co-uneil
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
including the Chief of the Department. The Commission is charged with the
Department, ine rules and regulations detailing the manner in which
responsibility of making suitabl
examinations may be held; appointments, promotions, transfers, reinstatements, demotions,
suspensions, and discharges may be matte; 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.
Chapter 1, page 1
CHAPTER 2
EQUAL EMPLOYMENT OPPORTUNITY
2.1 Equal Employment Opportunity 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, IedVe UULIIUfIZULIVI1, LIUIIIIII�' prvulGLIU11, urScrplrilC, rewIUlvii,
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.
Chapter 2, page I
2.5 Disability Accommodation
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 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
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the disability of the individual.
(h]alified 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 1-9 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 1-9 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.
Chapter 2, page 2
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 shah spcclly L11G 6G1uVL1V11 plot GJJ V1 jAVI'Q3scS
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;
Chapter 3, page 1
(d) Re -promotion of an employee previously demoted in lieu of layoff,
(e) Lateral transfer; and
(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.
Chapter 3, page 2
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
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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 Desilzn 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
Chapter 4, page I
on
t. The
ation shall
be detached from the main body of each
Officerpand shalli of be used the selection
separately and securely filed by th
process.
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, applicantsmay 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;
(fl Appointment of the applicant will violate a prohibition on the employment
of relatives;
Chapter 4, page 2
(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;
(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;
(lc) 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
working conditions; and
Chapter 4, page 3
(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
appllcanis. !!le GLy tilU1ll111Jl1QtV1 Jll�lu a1Jo respoIiU" tv any vvii eii requeiw m
applicants concerning the reasons for their disqualification or non -selection.
Chapter 4, page 4
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.
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, daughter-in-law, son, son-in-law 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. For the purposes of
"same department", the street, water and waste water distribution, water plant and waste
water plant shall all be different and separate departments.
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.
Chapter 5, page 1
5.5 Pronessin� 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 Tas the
probationary period, employee rights and responsibn�uGs, assig"L1eU uu��. J, 1"""'
performance expected, organizational structure and interrelationships,
hours
of al personnel
and the substance and availability of these rules and any applicable supplemental
regulations. Employees should be made to feel welcome and should be especially
encouraged to ask questions during their first days of employment.
Chapter 5, page 2
CHAPTER 6
INTRODUCTORY PERIOD
6.1 Requirement of Introductory Period
Every person who is initially appointed to, or who receives a promotion in the City sei vice
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 Purpose of Introductory Period
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.
Chapter 6, page I
CHAPTER 7
EMPLOYEE DEVELOPMENT AND EVALUATION
7.1 Employee Development Policy
The Citv 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) Atulually, 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.
Chapter 7, page I
CHAPTER 8
ATTENDANCE AND LEAVE
8.1 Work Schedules and Attendance
Department heads shall establish work schedules to meet the requirements of their
department which should be approved by the City Administration. Employees shall be at
their places of work as scheduled or shall provide timely notification to their supervisor or
rjaV-1r an heNd prier t t A- firs, n_rm __ �y h _.) nr ac cnnn N k n ..... .he1euft—) if
unable to report.
No employees regular schedule shall call for more than forty hours of work per week, or in
case of Police Officers not more than 80 hours in a 2 week pay period. .
The City office shall be open from 8:00 a.m. to 4:30 p.m., Monday through Friday unless
otherwise approved. Non-exempt City Hall Staff shall observe one half hour lunch periods.
All other employees shall work schedules and lunch periods as approved by City
Administration.
Each employee shall be granted a twenty (20) minute rest period, during each one half
(1/2) day of work for relaxation from the regular routine of duty. The twenty (20) minutes
shall be from the time employee stops work at any work station until restarting work at that
work station or the next.
8.2 Overtime
Employees shall work overtime or shall be on call when necessary. All Supervisors shall
maintain a work schedule for their department that eliminates the requirement for automatic
overtime (including flex schedules), unless it is determined with the consent of the City
Administrator that due to the department's work load, mandatory overtime should be
scheduled. 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 Accrued
Annual Accrued
Years 1 through 5 6.33 hours
76 hours
Years 6 through 9 8.25 hours
99 hours
Years 10 through 14 10.17 hours
122 hours
Years 15 through 17 12.83 hours
154 hours
Years 18 through 19 13.00 hours
156 hours
Years 20 through 24 13.75 hours
165 hours
Years 25 and over 14.67 hours
176 hours
Chapter 8, page I
Accrual rates for regular part-time positions will be pro -rated.
The following positions will receive 160 hours of vacation per year (13.33 hours per
month):
(1) City Administrator 5) Police Chief
(2) Assistant City Administrator 6) Director of Public Works
(3) City Clerk 7) Library Director
(4) City Treasurer
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 (%2) hour;
(anything over 1/2 hour may be taken in 15 -minute increments).
(f) Holidays occurring during periods of vacation leave shall not be charged
against such leave.
(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 accumulation 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
(7.75) 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:
Chapter 8, page 2
(a) Sick leave may not be accumulated beyond 927 hours for full-time
employees working 40 hour weeks and a proportionate lesser amount for
eligible part-time employees, except an employee that has accumulated
allowable sick leave greater than 927 hours as of October 1, 2009, shall
retain the greater number of accumulated sick leave hours with the following
conditions: If any employee has accumulated in excess of 927 hours, the
accumulated hours shall be reduced by the number of sick leave hours used
,,,,t;l t1,at emnlnvee has reduced their accumulated hours to 927 or fewer
hours. Thereafter, the employee shall be subject to the maximum allowable
accumulation of 927 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 1/2 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 840 hours based on the number
of years of service as follows:
Chapter 8, page 3
10 years
5%
16 years
30%
11 years
5%
17 years
35%
12 years
10%
18 years
40%
13 years
15%
19 years
45%
14 years
20%
20 years
50%
15 years
25%
(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.
(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.
Chapter 8, Page 4
(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 three (8) hour days or a total of
twenty four (24) hours of paid Funeral Leave per calendar 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:
(a) Jury Duty: 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 supei visor 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
Chapter 8, page 5
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.
The City Administrator may grant subordinate employees paid
administrative leave, not chargeable to vacation leave, under the following
circumstances:
® wben an employee participates in Nebraska National Guard military
training for not more than 15 work days in any calendar year; and
o 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.
Chapter 8, page 6
Y 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. 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 Pay
A department head, with the approval of the City Administrator, may grant an employee
a period of leave without pay, workload permitting, for good cause for up to six (6)
months, with continuation of benefits. Approved leave without pay may be terminated
earlier than planned if in the best interests of the City. An employee on leave without pay
shall be responsible for the entire premium for health, dental, vision, and life insurance. If
an employee on leave without pay fails to pay for continuation of benefits, they may be
subject to pre-existing condition limitations upon returning to pay status.
8.8 Medical Leave of Absence (Family Medical Leave Act)
The following is a general explanation of our employee's rights, duties and obligations
under the Federal and/or State FMLA as amended from time to time and at no time shall
this manual be in conflict with Federal and/or State FMLA Laws and Regulations.
Chapter 8, page 7
Basic Leave Entitlement p p p job- protected leave to
FI&A requires covered employers to provide u to 12 weeks of unpaid, j
eligible employees for the following reasons:
• For incapacity due to pregnancy, prenatal medical care or child birth;
To care for the employee's child after birth, or placement for adoption or foster care;
• To care for the employee's spouse, son or daughter, or parent, who has a serious health
• condition; or L1, o pioyeP nnabla to perform the
• For a serious health condition LL L luC^LLL�+.1 LL1V .,m 1
employee's job.
Military Family Leave Entitlements
d ter, or parent on active duty or call to active
Eligible employees with a spouse, son, augh
duty status in the National Guard or Reserves in support ofa contingency
onge cy operation
e stionn ml use
their 12 -week leave entitlement to address certain qualifying for alternative childcare,
ifYing
exigencies may include attending certain military events, arranging
addressing certain financial and legal arrangements, attending certain counseling sessions, and
attending post -deployment reintegration briefings.
FMLA also includes a special leave entitlementthat
memberduringts lale employees to take up
single 12 -month period.
to 26 weeks of leave to care for a covered service
mJA, nn
a member
A covered service member is a current member of the
or illness incurred includinged Forces, the line of
of the National Guard or Reserves, who has a se mY to
duty on active duty that may render the service undergoing
med cal treatedically ment, ntp recuperation, erforIn his or hor
duties for which the service member is underg g disability retired list.
therapy; or is in outpatient status; or is on the temporary tY
Benefits and Protections
During FMLA leave, the employer must maintain the employee's health coverage under any
"group health plan" on the same terms as if the
must be restored to their original o work.
return from FMLA leave, most employees m equivalent
positions with equivalent pay, benefit �� an other �y employment
benefit that accrued prior to
Use of FMLA leave cannot result m
the start of an employee's leave.
Eligibility Requirements_ for
Employees are eligible if they have n eared if at least SOfor a covered eempployeeso year, are employed bythe
1,250 hours over the previous 12 m ,
employer within 75 miles.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical continuing mental condition
t by a
that involves either an overnight stay in a medical care facility, relents the employeeor from perfonning the
health care provider for a condition that either p
functions of the employee's job, or prevents the qualified family member from
participating in school or other daily activities. Sof incaect ocertain acity of conditions,
mo e ithan 3 consecutive
treatment requirement may be met by a period p visit
calendar days combined with at least two visits tdue to reo a health cnancy,are voreincapacr or ety, due to a
regimen of continuing treatment, or incapacity P g
chronic condition. Other conditions may meet the definition of continuing treatment.
Chapter 8, page 8
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken
intermittently or on a reduced leave schedule when medically necessary. Employees must
make reasonable efforts to schedule leave for planned medical treatment so as not to unduly
disrupt the employer's operations. Leave due to qualifying exigencies may also be taken on
an intermittent basis.
ry JtDstitaL1V1 of ai uvn,,e f6rnp»-» TPayP,
Employees
may choose or employers may require use of accrued paid leave while taking
FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the
employer's normal paid leave policies.
Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the
need is foreseeable. When 30 days notice is not possible, the employee must provide notice as
soon as practicable and generally must comply with an employer's normal call-in
procedures. Employees must provide sufficient information for the employer to determine
if the leave may qualify for FMLA protection and the anticipated timing and duration of the
leave. Sufficient information may include that the employee is unable to perform job functions,
the family member is unable to perform daily activities, the need for hospitalization or
continuing treatment by a health care provider, or circumstances supporting the need for
military family leave. Employees also must inform the employer if the requested
leave is for a reason for wluch FMLA leave was previously taken or certified. Employees also
may be required to provide a certification and periodic recertification supporting the need for
leave.
Employer Responsibilities
Covered employers must inform employees requesting leave whether they are eligible under
FMLA. If they are, the notice must specify any additional information required as well as the
employees' rights and responsibilities. If they are not eligible, the employer must provide a
reason for the ineligibility.
Covered employers must inform employees if leave will be designated as FMLA-protected
and the amount of leave counted against the employee's leave entitlement. If the employer
determines that the leave is not FMLA protected, the employer must notify the employee.
Unlawful Acts b, Employers
FMLA makes it unlawful for any employer to:
• Interfere with, restrain, or deny the exercise of any right pr• ovided under FMLA;
Discharge or discriminate against any person for opposing any practice made unlawful by
FMLA or for involvement in any proceeding under or relating to FMLA.
Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a
private lawsuit against an employer. FMLA does not affect any Federal or State law
prohibiting discrimination, or supersede any State or local law or collective bargaining
agreement which provides greater family or medical leave rights. FMLA section 109 (29
U.S.C. § 2619) requires FMLA covered employers to post the text of this notice.
Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.
Chapter 8, page 9
8,9 Absence withuut Leave
Employees failing to report for or remain
b
work as scheduled or directed without proper
notification, authorization, or excuse s e considered absent without leave, shall not be
be subject to appropriate
in
in pay status for the time involved, and shall working days she ble cons de ed
ary action.
Absence without leave for more than three consecutive
abandonment of duties, which shall ordinarily result in dismissal.
8.10 112 da s
cial
idays
The following days and any other A 1 cys itysignated by the offices and departments ments will beayor shall be
closed losed onithese
(City Holidays) for the City of Blair. Y
days. Essential Police and water treatment plant personnel shall be required to report to
duty as scheduled.
City Holidays: New Year's Day, President's Day, Arbor Day, Memorial Day, July 4th,
Labor Day, Columbus Day, Thanksgiving, Day after Thanksgiving,
Christmas, and if Christmas Eve falls on a Monday through Thursday
1/z day, if on Friday all day and if Christmas falls on Thursday all day
Friday. Two (2) eight (8) hour Floating Holidays/Personal days.
a.) All City Employees shall observe the City Holidays on the date recognized by the
State of Nebraska and/or Federal Government, with exception of Police
Department and Water Treatment Plant.
b.) Police Department - Chief and Clerical Staff, same as all other City Employees.
All other department employees shall be authorized to use Holidays anytime
(with Chief approval), after being earned (date of IIoliday). Any holiday time
not used in calendar year will be lost and not compensated. Holiday shall mean
eight (8) hours. In -Lieu of time off, with Chief of Police and City Administrator
approval, officers may be grant1dcompensatioat of each yearn Request ll time
made
ay
hours earned after December
December 15th of each year.
C.) Water Plant - Wafer Plant Operators er Plant T- per IBEW Local 763 Consame as all other City tractees
W
d.) All Employees working on designated City Holidays, except shift workers shall
be paid at rate of 11/2 times for actual hours worked on a "City Holiday".
e,) For Police shift workers, the paid Holiday shall be the actual Holiday.
Example: Christmas falls on Saturday, legal city holiday would be Friday.
Those individuals working on not thoseSaturday, Christ
on mascr Friday.
ay (December
25th) would
be compensated at 11/2 time ,
Q New employees shall not be eligible for floating holidays until the satisfactory
completion of 6 monll bebationary period. Upon ent entitled to one floatingch completion
for thenbationary
remaining
period, employeee shall
sha
calendar year.
Chapter 8, page 9
8.11 Maternity/Paternity leave
The purpose of this policy is to extend to pregnant employees the leave they medically
require and to comply with federal and state legal requirements; therefore,
maternity/paternity leave shall be granted on the same basis as leave for other medical
conditions. Suggested paternity leave is three consecutive days; leave extending beyond
the third day shall be considered FMLA leave from the fourth day. Maternity leave will
be considered FMLA leave starting from the fourth day, regardless of whether it begins
prior to, or at the time of, the birth or placement of the child.
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.
Chapter 8, page 12
CHAPTER 9
EIVIPLOYEE RESPONSIBILITIES AND CONDUCT
9.1 Basic Em to ee Res onsibilities 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 Muted to file foiiowing:
(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.
(1c) 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,
observed orit shall be hass soon as possible uty of the supervisor
to advise the employee of the deficiency at the time
thereafter. When feasible, warning and counseling the employee shall precede formal
Chapter 9, page 1
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.
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 ana may oe rGquacu Lu —n—WoU ta—
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 any 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 m
outside employment shall immediately do 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:
Chapter 9, page 2
(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.
Receiving or accepting money or other consideration from any person or
(b) 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 io utncrs,
(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;
(fl 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 ele the nslim the performance of be encouraged to voteand
may objectively provide election information to public
official duties. No employee shall coerce or attempt Lo coerce erfering with or affecting the
or shall use
his or her official authority or influence for the p � purpose of interfering
No City employee shall be
result of a nomination or election for any public
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. Chapter 9, page 3
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 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.
Chapter 9, page 4
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 Citv 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 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.
Chapter 9, page 5
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)
E 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,
Chapter 10, page 1
desires to make an immediate separation from the such action shall May
result in
make a suspension
without pay, pending the discharge. By so doing,
permanent separation at the end of the period tion 10 3 of thesesrulese Wnding l him ten (10)
discharge
shall not be subject to the limitation providedn Sec
calendar days of the effective date oftnewntm � dismissal,C'tyany Admini�ator and lar shall be
yee so
dismissed shall have the right to appealg
granted a hearing.
10.6 Final Arbiter
The City Administrator shall be the final arbiter e Mayor
oyee appeals. The City
andCity Council. Such appeal
Administrator decision may be appealed beforeY
shall be in writing to the City Clerk within 10 days following the decision of the City
Administrator.
10.7 Civil Service
vil
ervice
Pursuant to Neb. Rev. Stat., Paragraph 19-1803 (Reissue ime Certified d OfficersdOf1the SPolice
employees for the City of Blair include all. the classified
Department, including the Chief of the DepartN discharin
ged from any such place
Service shall be reinstated and/or transferred, suspended
position or employment contrary to the provisions of Neb. Rev. Stat., Paragraphs 19-1801 to
19-1823 (Reissue 1983).
Chapter 10, page 2
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 innnnrondate. As administratively determined, the action may be stayed pending the
rr r
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
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.
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
therefore within seven (7) calendar days after receipt of the employee's grievance.
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.
Within the foregoing procedures, the burden of proof shall be on the appellant.
Chapter 11, page I
CHAPTER 12
RESIGNATION LAYOFF AND INCAPACITY
12.1 Res!_ ation
An employee may leave the City service in good standing by submitting his or her
raei�rnPfinn at 1Pact two weeks in advance of the effective date. The City Administrator, for
v .b....�
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, dependings as anyindividual other trmination. Continuation
of benefits would be available under the same
12.2 Retii ement
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 fluids. 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.
chapter 12, page I
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 Incapacity
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.
Chapter 12, page 2
CHAPTER 13
REINSTATEMENT
13.1 Reinstatement Following Resignation
Depending on the circumstances, the City may consider a former employee 'for re-
ernployraellt. Sucli applicanis 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 Reinstatement 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 sei vice being
reinstated first.
13.4 Reinstatement 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.
Chapter 13, page 1
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
rity algin meet (1pril7n1 Qnnlal QPrnritV tAXP.0 nn P.An11 PmnlnvPP'c Parninuc lln to A R»P.nified
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.
For pay purposes for Uniformed Police Officers, the city work week shall begin at 5:01
o'clock P.M. on Sunday and end at 5:00 o'clock P.M. the following Sunday.
The City shall make all wage or salary payments by automatic deposit into employee's bank
account. All employees shall notify the City, on forms provided by the 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 will be furnished with a
payroll stub showing the amount of their wage 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 %2 times regular hourly rate for
all hours worked in excess of 80 hours worked in a two (2) week period.
Chapter 14, page I
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 authorize' UY
-- u1G JlGPA1U11G116
Head based upon consideration of operational requirements and after
employee has filed a request for leave a minimum of (48) hours in advance;
provided however, the following restrictions shall apply to the amount of
Compensatory time which may be used in lieu of overtime compensation, to -
wit:
1) No employee shall be allowed to have more than 116 hours of comp
time on the books at any time.
2) No employee will be allowed to earn more than (60) hours of comp
time in any calendar year.
3) Any employee with comp time on the books may cash out that comp
time the first of December each year.
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.
e. For purposes of determining overtime pay, sick leave and comp time shall
not count as hours worked.
f. All supervisors shall flex employees regular schedules to reduce or eliminate
the need for overtime, comp and/or extra hours. Example: Employee
working Monday through Friday (40 hour work week) takes vacation
Monday and Tuesday, works 12 hours Wednesday, would be allowed to
work only 4 hours on Friday, unless an emergency requires them to work or
the time is approved by Department Supervisor.
14.4 Wates 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 Employee 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.
Chapter 14, page 2
E a. Medical/Dental/Vision Insurance: Coverage shall begin on the first day of the
month following the date on which an employee commences full time
employment.
1. City shall pay 100% of single health insurance premium effective
January 1, 2010.
2 City shall nav 86% of family health insurance premium effective
January 1, 2010,
3. City shall pay 100% premium for dental insurance plan provided by
City of Blair.
4. City shall pay 100% premium for vision insurance plan provided by
City of Blair.
5. In the event an employee has health insurance coverage through
spouse's insurance plan, the City will compensate employee $180.00
per month in lieu of participation in City Health Insurance Program.
Effective Jan. 1, 2010.
b. Life Insurance: City shall provide group term life insurance effective the first
of the month following date of hire.
1. City shall pay 100% of premium
Coverage shall be: a.) Employee $25,000.00
b.) Spouse $15,000.00
c,) Dependants $ 7,500.00
C. Long Term Disability Insurance Plan
1. City shall pay 100% of premium
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 (6%) 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 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 (6%) 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.
Chapter 14, page 3
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
C. 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
Any payment made to an employee for clothing/uniform allowance, car allowance, phone
allowance and family life insurance premium shall be paid as taxable income as per IRS
regulations.
Law Enforcement, Public Works Department and Cemetery/Park Department Employees
shall be eligible for clothing and uniform allowances as follows:
a. Law Enforcement employee clothing and uniform allowance shall be at the
sum of $1000.00 per year per employee. Beginning with the third quarter
allowance (March, 2006), all clothing allowance payments will be paid
quarterly. Each officer will be paid $250.00 at the end of each quarter. Any
officer terminating employment with the City will receive payment for that
quarter 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 ($1000.00) for a new 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 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:
a. The City shall reimburse eligible employees for actual tuition costs; not to
exceed $150.00 per credit hour.
Chapter 14, page 4
b. An employee must have not less than three (3) years current continuous full
time employment with the City to be eligible for tuition reimbursement,
unless waived by the City Administrator.
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 at any Nebraska State College, Nebraska State University,
Nebraska Metropolitan Technical College or Dana College shall be eligible
for reimbursement. The City Administrator shall, prior to the employee's
enrollment, approve tuition at any other institution.
e. Tuition reimbursement shall be limited to courses required for an approved
degree program, for courses in math, science, English, speech, computer
science / applications, or other courses that directly improve or enhance the
employee's service to the City. The City Administrator shall, prior to the
employee's enrollment, approve all courses eligible for reimbursement.
£ Tuition reimbursement shall be limited to six (6) credit hours or an
equivalent per semester.
14.8 Certification
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 (15) minute
increments with a one (1) hour minimum. 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.
Chapter 14, page 5
CHAPTER 15
CONFERENCES AND TRAVEL
The City of Blau is committed to providing the employees of the City of Blair with
continued opportunities to learn and improve their skill levels to be able to provide quality
service, services and advanced certifications necessary to serve the needs of the Blair
residents in a professional manner. This may be accomplished through any one or more of
the following, but not limited to: local, regional or national seminars, conferences, joint
training, technical classes, business meetings, etc. Travel to these events will be based on
the annual budget adopted.
While employees are encouraged to become active in the various trade organizations,
including leadership rolls such as the League of Municipalities, Teague Finance Section,
League Utilities Section, Clerks Association (Local and National), NCMA, ICMA, AWWA,
and Rural Water Association, etc., employees must recognize it is a privilege to represent
the City of Blair and not a right.
15.1 Conferences and Travel Approval
Annually all Department Heads and Supervisors shall review with each employee the status
of the employees required education contact hours to maintain required or earned
certifications. Included in the review will be a schedule to get the necessary hours and
of classes that best fit the employee, while taking in the best interest of the City to
minimize costs for travel. Ultimately, it is the responsibility of the employee to make sure
their authorized schedule allows themmaintainto certifications.
or lftmandatory wllobeesubjeci tto o
maintain any earned certifications, whether
disciplinary action up to and including termination.
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 Conferences and Travel 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
a) When an employee is required to travel, the City Admiiustrator may
authorize overnight lodging based on the length of the conference, the
location, the starting time, the ending time, the time of year, weather
conditions and/or forecast.
u�l Generallycithan ones hourging prior to be
employees
when travel would be req
scheduled shift starting time.
Chapter 15, page 1
b) The City shall pay all conference registration costs, including conference
meals the employee registers for as part of the conference. Any meals paid
as part of registration shall be deducted from daily meal per diem, unless as
part of city business the employee is unable to attend a meal and purchases a
meal elsewhere.
c) Meal per diem — The City of Blair will reimburse employees for meals based
•.]..i:— -- 11:.,1..+.7 1., +1.a T T—+ora C+a+aa (,an araa
On the l UTi CIlt rales allU �UluGlulua as plAvm3m u vy uuv viui.vu l L -D vvaavaaai
Services Administration and approved by the IRS. An employee departing
Blair before 11:00 a.m. will be compensated 75% of the published rate for
the first day. Any employee departing after 11:00 a.m. and before 4:00 p.m.
will be compensated 50% of the published rate for the first day. An
employee returning before 12 Noon will be compensated 25%, and an
employee returning after 8:00 p.m. will receive 100% of the published rate.
An employee will not be compensated meal per diem unless there is an
overnight stay, except as per IRS regulations and if prior approval is given
by the City Administrator. If authorization is granted, the City may
reimburse an employee upon presentation of a receipt for incidental meal(s)
that are held to discuss city business.
d) The City of Blair shall reimburse those employees eligible and using their
own vehicle for authorized City business at a rate authorized by State Statute
and set from time to time by the Department of Administrative Services.
15.3 Conference and Travel 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 following positions shall be paid a vehicle allowance for the use of their private vehicle
on a daily bases. The amount shall be set as per the annual budget process and shall be paid
as taxable income as per the IRS regulations. The allowance shall cover all miles driven as
outlined below, except those miles driven with designation points outside these areas which
shall be reimbursed as stated in 15.2(d) above.
1) Building Inspector, Director of Public Works, Assistant City
Administrator — all miles driven with designation point terminating in
Washington County.
2) City Administrator — all miles driven with designation point terminating
more than (80) miles from the City of Blair.
Chapter 15, page 2
CHAPTER 16
SAFETY
16.1 Safety Training
Department Heads shall ensure all employees of the department are trained 10 work safely
and that safety rules and regulations are postea. i�epai=uiiCri� Reads Sllali rell�ul�uil�
conduct safety inspections of the work site to detect hazardous areas or practices for
correction as appropriate. The Department Head there from 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 workplaceisaster and evacu tion plans in effect for the lC �S�e
all employees are instructed as to fire,
16.2 Accident and Iniurl' Reporting
Employees shall immediately report all job accidents and uijuries 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 16, page 1
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.
Chapter 17, page I
17.3 Suffestions
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.
Chapter 17, page 2
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.
( DHH8 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.
Chapter 18, page 1
(k) 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.
(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
1 ._.._-1 1_.. a....:«...a .7 ..f -i ck __ _+i_-1--11n� t'Pel'1n'cln-n (RAT)
aUI111i11slGre U�' a l.ra-MGU anu v�+t+uivu vivu�ii uiv..+
(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 SAMIISA 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
Chapter 18, page 2
(u) 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.
(v) 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.
(w) 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 Operating Policy (Attachment A).
(x) 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.
(y) 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.
(z) SAMHSA means the Substance Abuse and Mental Health Services
Administration, which is responsible for laboratory certification.
(aa) 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.
Chapter 18, page 3
(bb) 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.
(cc) 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, socia'I wrier ui°
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.
(dd) Successful applicant means a person who has been selected to fill a
position, subject to successful completion of a drug/alcohol-screening test.
(ee) 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 Polic
(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:
(c) 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
Chapter 18, page 4
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.
(1) 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.
(d) 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)
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., arid
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
Chapter 18, page 5
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 therefore has
been given to all affected employees. Additional substances
determined necessary for inclusion will be included only when
protocols and threshold levels for laboratory testlilg '"ale cStavu�ucu
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.
(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
Chapter 18, page 6
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 specimensibreath
samples from applicants for City employment and City employees shall be
done at designated collection sites, usiIIg Lhe Z5P11L-Jaiii./1c iiiQLuvu lvr
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 return-
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.
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).
Chapter 18, page 7
(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.
Ml (r "-Fi matnry tee+ The ennfirmatnry test may he nnnrhirtPd nn 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) Tn 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.
(b) 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.
(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 Confidentiality
(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.
Chapter 18, page 8
(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-emnlovment 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
(30) 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 fiom 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.
(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.
Chapter 18, page 9
(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.
(b) Reasonable suspicion procedure. When a City supervisor who has been
trained in the signs and symptoms of drug abuse and/or alcohol misuse
Chapter 18, page 10
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
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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
Chapter 18, page 11
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:
(i) Requiring the employee to cease performing the danger
causing activity immediately until the potential danger
causing OGIId V IUl I Sun RUS L)"H vuiuiuu w�a,
(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.
Chapter 18, page 12
(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 Testine
(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
Chapter 18, page 13
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 rela lolls
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 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 -duly and Follow-up Testin
(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:
Chapter 18, page 14
(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.
(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.
Chapter 18, page 15
(_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 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 duly 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
Chapter 18, page 16
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.
(b) 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.
Chapter 18, page 17
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.
Conclusion, page I
INDEX
Page
Absence without Leave
Chapter 8, page 9
Accident and Injury Reporting
Chapter 16, page I
Administrative Leave
Chapter 8, page 5
Alcohol Testing
Chapter 18, page 7
Afri n: fi :Te Action
Chapter 2, page 1
Appeal Procedure
Chapter 11, page I
Appointing Authority
Chapter 5, page I
Appointment Types
Chapter 5, page I
Assigned Vehicles
Chapter 9, page 2
Basic Employee Responsibilities and Conduct
Chapter 9, page 1
Benefits Continuation (COBRA)
Chapter 12, page 2
Call Out Reimbursement
Chapter 14, page 5
Certification
Chapter 14, pages
City Administrator
Chapter 1, page 1
City Property
Chapter 9, page 2
Civil Service
Chapter 10, page 2
Civil Service Commission
Chapter 1, page 1
Clothing and Uniform Allowance
Chapter 14, page 4
Competitive Selection
Chapter 3, page I
Conferences and Travel Approval
Chapter 15, page I
Conferences and Travel Arrangements
Chapter 15,'page I
Conferences and Travel Expenses
Chapter 15, page 2
Confidentiality
Chapter 9, page 5
Conflicts of Interest
Chapter 9, page 2
Demotion
Chapter 10, page I
Demotion in Lieu of Layoff
Chapter 3, page 2
Disability Accommodation
Chapter 2, page 2
Discrimination Complaints
Chapter 2, page I
Dismissal
Chapter 10, page I
Disqualification
Chapter 4, page 2
Documentation and Notification
Chapter 4, page 4
Education Benefits
Chapter 14, page 4
Emergency Closing
Chapter 8, page 12
Employee Benefits
Chapter 14, page 2
Employee Development Policy
Chapter 7, page I
Employee Processing Orientation
Chapter 5, page 2
Employment of Relatives
Chapter 5, page 1
Equal Employment Officer
Chapter 2, page 1
Equal Employment Opportunity Policy
Chapter 2, page I
Evaluation of Qualifications
Chapter 4, page 2
Failure of Introductory Period
Chapter 6, page I
Filing of Applications
Chapter 4, page I
Final Arbiter
Chapter 10, page 2
Funeral Leave
Chapter 8, page 5
Grievance Policy
Chapter 11, page I
Grievance Procedure
Chapter 11, page 1
Harassment Prohibited
Chapter 9, page 4
Holidays
Chapter 8, page 9
Immigration Law Compliance
Chapter 2, page 2
Initial Processing of Application
Chapter 4, page 1
Interviews
Chapter 4, page 3
Jury Duty
Chapter 8, page 5
Lateral Transfer
Chapter 3, page 2
Layoff
Chap ter 12., page 7
Leave Without Pay
Chapter 8, page 7
Mayor - City Council
Chapter 1, page 1
Mateinity/Paternity Leave
Chapter 8, purge 12
Medical Leave of Absence (FMLA)
Chapter 8, page 7
Military Leave
Chapter 8, page 6
Noncompetitive Selection
Chapter 3, page 1
Other Auto Expenses
Chapter 15, page 2
Outside Employment
Chapter 9, page 2
Overtime
Chapter 8, page 1
Overtime Pay
Chapter 14, page 1
Pay Day
Chapter 14, page 1
Pay Deduction
Chapter 14, page I
Performance Evaluation Requirement
Chapter 7, page I
Personnel Records
Chapter 17, page I
Political Activity
Chapter 9, page 3
Post -Accident Testing
Chapter 18, page 13
Pre-employment Applicant Testing & Procedure
Chapter 18, page 9
Processing and Orientation
Chapter 5, page 2
Prohibited Drugs
Chapter 18, page 5
Promotion Policy
Chapter 3, page 1
Purpose and Design of Application Forms
Chapter 4, page 1
Purpose of Evaluations
Chapter 7, page 1
Purpose of Introductory Period
Chapter 6, page I
Random Testing
Chapter 18, page 16
Reasonable Suspicion Testing
Chapter 18, page 10
Refusing to Take a Drug Test
Chapter 18, page 17
Reinstatement of Benefits (Bridging)
Chapter 13, page I
Reinstatement Following Layoff
Chapter 13, page I
Reinstatement Following Resignation
Chapter 13, page 1
Reinstatement Following Separation
Chapter 13, page I
For Incapacity
Requirement of Introductory Period
Chapter 6, page I
Residence
Chapter 5, page 1
Resignation
Chapter 12, page 1
Retirement
Chapter 12, page 1
Return to Duty and Follow-up Testing
Chapter 18, page 14
Safety Training
Chapter 16, page 1
Selecting Officials
Chapter 4, page 3
Separation for Incapacity
Chapter 12, page 2
Sick Leave
Chapter 8, page 2
Solicitation
Chapter 9, page 3
Special Employment Programs
Chapter 3, page 2
Split Sample Testing of Urine Specimens
Chapter 18, page 8
Status Changes
Chapter 17, page 1
Substance Abuse Confidentiality
Chapter 18, page 8
Substance Abuse Definitions
Chapter 18, page I
Substance Abuse Testing Policy
Chapter 18, page 4
Substance Abuse Testing Program Guidelines
Chapter 18, page 6
Suggestions
Chapter 17, page 2
Supervisory Responsibilities
Chapter 9, page I
Suspension
Chapter 10, page I
Temporary Positions
Chapter 3, page 2
Types of Disciplinary Action
Chapter 10, page 1
Use of Equipment and Vehicle
Chapter 9, page S
Vacancy Announcements
Chapter 4, page I
Vacancy Identification
Chapter 3, page 1
Vacation Leave
Chapter 8, page I
Voluntary Demotion
Chapter 3, page 2
Wages in Advance
Chapter14, page 2
Witness Duty
Chapter 8, page 6
Work Schedules and Attendance
Chapter 8, page 1
Written Reprimand
Chapter 10, page I