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20211223080951712RESOLUTION NO. 2021-47 COUNCILMEMBER STEWART INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the Mayor and City Council of the City of Blair, Nebraska deem it to be in the public good to amend the City of Blair Personnel Manual for employees. BE IT RESOLVED THAT attached hereto, marked "Exhibit A" and incorporated by this reference herein, are additions, amendments or modifications to the City of Blair Personnel Manual for employees. BE IT FURTHER RESOLVED that the effective date of such additions, amendments or modifications to the City of Blair Personnel Manual for employees is from and after January 1, 2022. BE IT FURTHER RESOLVED that the Human Resource Manager is hereby authorized to notify all officials and employees of the City of Blair, Nebraska, of the additions, amendments or modifications to the City of Blair Personnel Manual and the effective date thereof. COUNCIL MEMBER STEWART MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER WOLFF. UPON ROLL CALL, COUNCIL MEMBERS VOTING "AYE" SHEPARD, STEWART, RUMP, WILLIS, WOLFF, HALL AND JENSEN. COUNCIL MEMBERS _NONE VOTING "NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 14TH DAY OF DECEMBER 2021. CITY OF BLAIR, NEBRASKA BY RICHARD HANSEN, MAYOR ATTEST: BRENDA WHEELER, CITY CLERK �L 101 TV STATE OF NEBRASKA ) ) :ss: WASHINGTON COUNTY ) BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of the City of Blair, Nebraska, held on the 14th day of December 2021. 12 F BRENDA WHEELER, CITY CLERK 1 EXHIBIT "A" AMENDMENTS TO CITY OF BLAIR PERSONNEL MANUAL SECTION 8.3 "Vacation Leave" is hereby amended in its entirety as follows, to wit: 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 Monthly Accrual Annual Accrual Service Yeats one iia two 3 � ^''''haufu ` 0 s Years twee one, two, three 6.67 hours 80 hours Year four 7.33 hours 88 hours Year five 8.00 hours 96 hours Year six 8.67 hours 104 hours Year seven 9.33 hours 112 hours Year eight 10.00 hours 120 hours Year nine 10.67 hours 128 hours Year ten 11.33 hours 136 hours Year eleven 12.00 hours 144 hours Year twelve 12.67 hours 152 hours Year thirteen and beyond 13.33 hours 160 hours 2. SECTION 14.3 "Overtime Pay" is hereby amended as follows: 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 V2 times regular hourly rate for all hours worked in excess of 80 hours worked in a two (2) week period. C b. Exempt Service - Employees in the Exempt Service shall not be eligible for monetary compensation for overtime hours worked. C. Compensatory time may be used in lieu of overtime compensation when in the best interest of the City and the employee Compensatory time will be awarded at one and one-half times the actual hours worked as accumulated in accordance with the Federal Fair Labor Standards Act. Such Compensatory time may be utilized when authorized by the Department Head based upon consideration of operational requirements and when beneficial to the employee; provided however, the following restrictions shall apply to the amount of Compensatory time which may be used in lieu of overtime compensation, to -wit: 1) No employee shall be allowed to carry over more than six4een 6) twen - four 24 hours of compensatory time from one pay period to the next; and 2) All compensatory time shall be used prior to vacation leave being utilized. ��ef Oeteb 1997 shall ha-ve ene (,) y , em�ise t o„JL4 ate Llll Lelll�./V time in exeess F six4een ( 1 6) h/ provided ;,the that Ul1,g tMs tfan sifie Fer4ed,employees a4ery time r ,. to , +ie 1o.,t,o Lein, iatili e 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. 2. SECTION 14.5 "Employee Benefits” is hereby amended as follows: 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: Medical insurance, vision and dental insurance coverage begin on the first day of the month following the date on which an employee commences full time work. The City shall pay 100% of the single health insurance premium and a percentage of the family health insurance premium as determined annually by the City Council as of the date of renewal of the City group health insurance policy. The City shall pay an amount equal to 100% of the single insurance premium and 100% of the family dental and family vision insurance premium provided under the City group insurance plan. In the event an employee elects not to participate in the City group health insurance coverage plan, and the employee provides evidence acceptable to City that employee has health insurance coverage available through a spouse's health insurance plan or some other source of health insurance, then City agrees to pay employee the sum of $140.00 per month in lieu of the single health insurance premium. An employee may elect to be covered under th City group dental and vision plan whether or not they elect to participate in the City group health insurance plan. 2. Life Insurance (included with medical plan). 3. Disability Insurance. 4. 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 contribution2 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 further more that the City shall equally match the employee retirement contribution. 3. SECTION 14.6 "Clothing and Uniform Allowance" is hereby amended as follows: 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 $900.00 $1,000.00 per year per employee. Beginning with the third quarter allowance (April, 2004), all clothing allowance payments will be paid in arrears on a monthly basis. Each officer will be paid $66.67 $83.33 per month following the first City Council meeting of each month. Any officer terminating employment with the City will receive payment for that month on a pro -rated basis (days worked/days in month). b. The City of Blair agrees to pay for authorized clothing, up to one (1) year's authorized clothing expenditure ($800.00) $1,000.00 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. 4. SECTION 14.9 "Call Out Reimbursement" is hereby amended as follows: 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 called out. If an employee is called out while on call, the employee will be paid for actual time worked, in mer one-half (11Q hour increments. If the majority of any department elects not to participate in the above policy then that department will maintain an on-call schedule acceptable to the City Administrator and shall be compensated for actual time worked. Bt CITYcar AIQNEb'RASI(A I `WEKI City of Blair Employee Handbook January 2021 Introduction Section One: Employment Practices Employment -At -Will Equal Employment Opportunity Affirmative Action Americans with Disabilities Act and Reasonable Accommodation Immigration Law Compliance Nursing Mothers Section Two: Employment Employment Status/Classification Employment and Background Verification Selection and Appointment Residency New Employee Introductory Period Attendance and Punctuality Work Schedules Work Week and Hours of Work Flex Job Posting Job Descriptions Internal Transfers/Promotions References Rehire of Former Employees Reinstatement after Break in Service Human Resources Records/Employee Files Retirement Reduction in Workforce Leaving the Organization Section Three: Conduct Personal Conduct Respectful Workplace Harassment and Complaint Procedure Grievance Procedure Progressive Discipline Problem Resolution/Open Door Policy Drug Free Workplace and Substance Abuse Contagious Illness Driver's License and Driving Record Driving While on City Business Employee Travel and Reimbursement Section Four: Work Rules Confidentiality Ethics and Conflict of Interest City of Blair Employee Handbook 2 January 2021 Confidential and Proprietary Information Contact with the Media Employment of Relatives and Close Personal Relationships Outside Employment/Activities Political Activity Personal Appearance Uniforms Tobacco Use Visitors Section Five: Safety Personal Safety Workers' Compensation/Injury Reporting Identification Badges and Building Access Workplace Violence Prevention Weapons in the Workplace Search Emergency Plan Inclement Weather Section Six: Benefits and Leave Eligibility for Benefits Vacation Sick Time Maternity/Paternity Leave Holidays Bereavement Leave Family and Medical Leave of Absence (FMLA) Non-FMLA or Personal Leave of Absence Military Leave of Absence Jury Duty and Other Civil Leave CDL License Reimbursement Employee Assistance Tuition Assistance Section Seven: Compensation Performance Evaluations/Salary Reviews Meals and Rest Breaks Time Records Overtime Deductions from Pay Pay Day/Direct Deposit Payroll Advances/Loans Employee Travel and Reimbursement City of Blair Employee Handbook January 2021 Section Eight: Technology Acceptable Use of Technology Acceptable Use of Computers Acceptable Use of Software Acceptable Use of Electronic Messaging Acceptable Use of Internet Acceptable Use of Passwords Acceptable Use of Cell Phones Acceptable Use of Social Media Acknowledgement and Agreement City of Blair Employee Handbook January 2021 Introduction Our handbook is simply The City of Blair's (the City's) policies written into a usable guidebook for all employees of the organization. This handbook is designed to outline the day-to-day administration of the City's human resources programs. It is the responsibility of each and every member of management to administer these policies in a consistent and impartial manner. Its purpose is to: • Facilitate awareness and understanding of the City's policies • Assign responsibility for implementation • Expedite decisions and promote consistency of interpretation and application across organizational lines and over a period of time • Eliminate the need for repetitive and time-consuming decision making on matters of a recurring nature • Provide a record to guide future policy and serve as a framework for revisions • Minimize the possibility of unauthorized or illegal actions Policy Updates and Legal Requirements New and revised policies will be issued periodically. Employees will be notified of all updates as they occur via posting on the intranet, e-mail or a written memo. Please study the revised updates carefully. If you have any questions concerning the intent of these updates, please contact the Human Resources Manager for clarification. Suggestions for additions and revisions of policies are welcomed for consideration and should be directed to the Human Resources Manager. All of the policies are intended to be read consistent with federal, state and local law. To the extent any policy varies from a legal requirement, the organization will follow the requirements of federal, state or local law. Section One: Employment Practices Employment -At -Will Employment at the City is "at -will," which means your employment may be terminated with or without cause, and with or without notice at any time, by you or by the City. Nothing in this handbook or in any document or statement is intended to limit the right to make employment anything but at -will. No supervisor or other City representative other than the City Administrator, with consent of Mayor and City Council has any authority to enter into any agreement for employment for any specified period of time or make any agreement for employment other than employment at -will. Equal Employment Opportunity The City provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, gender, sexual orientation, gender identity, national origin, age, disability, genetic information, marital status, amnesty or status as a covered veteran in accordance with applicable federal, state and local laws. The City complies with applicable state and local laws governing nondiscrimination in employment in every location in which the City has facilities. This policy applies to all terms and conditions of employment, including hiring, placement, City of Blair Employee Handbook January 2021 promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training. The City expressly prohibits any form of unlawful employee harassment based on race, color, religion, gender, sexual orientation, gender identity, national origin, age, genetic information, disability or veteran status. Improper interference with the ability of the City employees to perform their expected job duties is absolutely not tolerated. 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. Americans with Disabilities Act and Reasonable Accommodation The Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act, known as the ADAAA, are federal laws that prohibit employers from discriminating against applicants and individuals with disabilities and that when needed provide reasonable accommodations to applicants and employees who are qualified for a job, with or without reasonable accommodations, so that they may perform the essential job duties of the position. It is the policy of the City to comply with all federal and state laws concerning the employment of persons with disabilities and to act in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC). Furthermore, it is our policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions and privileges of employment. The City will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job, unless doing so causes a direct threat to these individuals or others in the workplace and the threat cannot be eliminated by reasonable accommodation and/or if the accommodation creates an undue hardship to the City. Contact your supervisor with any questions or requests for accommodation. Immigration Law Compliance The Immigration Reform and Control Act of 1986 requires employers to hire and retain only individuals who are authorized to work in the United States. To enforce these guidelines, IRCA requires an employer to verify a potential employee's eligibility by completing the Employment Verification Form (Form I-9). By completing City of Blair Employee Handbook 6 January 2021 Form I-9, the employer is certifying that it has viewed documents proving that the potential employee is authorized to live and work in the United States. All employees are asked to provide original documents verifying their right to work in the United States and to sign a verification form (Form I-9): If an individual cannot verify his or her right to work within three days of hire, the City must terminate his or her employment. Nursing Mothers For up to one year after a child's birth, any employee who is breastfeeding her child will be provided reasonable break times as needed to express breast mills for her baby. The City will designate a room for this purpose, please coordinate with your supervisor to use the area; A small refrigerator reserved for the specific storage of,breast milk is available. Any breast milk stored in the refrigerator must be labeled with the name of the employee and the date of expressing the breast milk. Any nonconforming products stored in the refrigerator may be disposed of. Employees storing milk in the refrigerator assume all responsibility for the safety of the milk and the risk of harm for any reason, including improper storage or refrigeration and tampering. Nursing mothers wishing to use this room must request/reserve the room by contacting their supervisor. Additional rules for use of the room and refrigerator storage are posted in the room. Employees who work off-site or in other locations will be accommodated with a private area as necessary. Breaks of more than 20 minutes in length will be unpaid, and the employee should indicate this break period on her time record. Section Two: Conduct Personal Conduct Rules and regulations are not meant to restrict the rights of anyone, but rather to protect the rights and increase the safety of all. The City expects each person to act in a mature and responsible manner at all times. To help avoid possible confusion, some of the more obvious unacceptable activities are noted below as an example of the types of unacceptable behaviors. Your avoidance of these activities will be to your benefit as well as the benefit of the City and your fellow employees. If you have any questions concerning any work or safety rule or any of the unacceptable activities listed below, please see your supervisor for an explanation. This list is not all inclusive. Notwithstanding this list, all employees remain employed "at -will," and no other contract of employment is expressed or implied. Compliance with these rules does not guarantee continued employment for any specified period of time, nor does it require that an employee be discharged only for "cause." Examples of Infractions: ® Commission of a felony or any other job-related crime • Sexual or other unlawful harassment or unlawful discrimination of'airykind City of Blair Employee Handbook January 2021 • Distributing, viewing, and/or maintaining pornographic pictures and/or materials .on City equipment or property. • Violation of a safety rule or engaging in unsafe behavior • Theft, including either City property or another person's property • Possession, distribution, being under the influence of or use of drugs and/or possession, distribution or being under the influence of alcohol on City property or while performing work as a City employee • Falsification of time -keeping records with intent to defraud • Falsification of personnel or City records or providing false or misleading (including omitting) information to the City • Willful damage or destruction of City property • Fighting, attempting or threatening bodily injury to another person on City property or while on working time • Insubordination or willful refusal to follow direction from a supervisor or next level management • Loafing, loitering or sleeping during work time • Failure to report on-the-job injuries during your shift on the day the injury occurs • Neglect of duty or incompetence • Habitual or excessive tardiness • Absenteeism determined to be excessive under the City's attendance guidelines • Work performance that is below the standards of performance required by the department • Violation of the City's Solicitation and Distribution Policy • Dishonesty • Disrespectful behavior, belligerence and/or use of excessive profanity Any other behavior contrary to our values, rules of conduct or the City's best interests. Respectful Workplace The City defines bullying as "repeated inappropriate behavior, either direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment." Such behavior violates the City's Harassment and Complaint Procedure Policy, which clearly states that all employees will be treated with dignity and respect. The purpose of this policy is to communicate to all employees that the City will not tolerate harassment behavior. Employees found in violation of this policy will be disciplined up to and including termination. Bullying may be intentional or unintentional. However, it must be noted that where an allegation of harassment is made, the intention of the alleged bully is irrelevant and will not be given consideration when determining appropriate disciplinary action. It is the effect of the behavior upon the individual that is important. The City considers the following types of behavior examples of harassment: City of Blair Employee Handbook January 2021 • Verbal harassment: Slandering, ridiculing or maligning a person or his or her family; persistent name-calling that is hurtful, insulting or humiliating; using a person as the butt of jokes; abusive and offensive remarks. • Physical harassment: Pushing, shoving, kicking, poking, tripping, assault or threat of physical assault; damage to a person's work area or property. • Gesture harassment: Nonverbal threatening gestures or glances that convey threatening messages. • Exclusion: Socially or physically excluding or disregarding a person in work- related activities. Harassment and Complaint Procedure Sexual and other unlawful harassment is a violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended, as well as many state laws. Harassment based on a characteristic protected by law, such as race, color, ancestry, national origin, gender, sex, sexual orientation, gender identity, marital status, religion, age, disability, veteran status, or other characteristic protected by state or federal law, is prohibited. It is the City's policy to provide a work environment free of sexual and other harassment. To that end, harassment of the City's employees by management, supervisors, coworkers, or nonemployees who are in the workplace is absolutely prohibited. Further, any retaliation against an individual who has complained about sexual or other harassment or retaliation against individuals for cooperating with an investigation of a harassment complaint is similarly unlawful and will not be tolerated. The City will take all steps necessary to prevent and eliminate unlawful harassment. Definition of Unlawful Harassment. "Unlawful harassment" is conduct that has the purpose or effect of creating an intimidating, hostile, or offensive work environment; has the purpose or effect of substantially and unreasonably interfering with an individual's work performance; or otherwise adversely affects an individual's employment opportunities because of the individual's membership in a protected class. Unlawful harassment includes, but is not limited to, epithets; slurs; jokes; pranks; innuendo; comments; written or graphic material; stereotyping; or other threatening, hostile, or intimidating acts based on race, color, ancestry, national origin, gender, sex, sexual orientation, marital status, religion, age, disability, veteran status, or other characteristic protected by state or federal law. Definition of Sexual Harassment. "Sexual harassment" is generally defined under both state and federal law as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature where: • Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of any individual's employment or as a basis for employment decisions; or Such conduct . has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. City of Blair Employee Handbook 9 January 2021 Other sexually oriented conduct, whether intended or not, that is unwelcome and has the effect of creating a work environment that is hostile, offensive, intimidating, or humiliating to workers may also constitute sexual harassment. While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct that, if unwelcome, may constitute sexual harassment depending on the totality of the circumstances, including the severity of the conduct and its pervasiveness: • Unwanted sexual advances, whether they involve physical touching or not; • Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one's sex life, comments about an individual's body, comments about an individual's sexual activity, deficiencies, or prowess; • Displaying sexually suggestive objects, pictures, or cartoons; • Unwelcome leering, whistling, brushing up against the body, sexual gestures, or suggestive or insulting comments; • Inquiries into one's sexual experiences; and • Discussion of one's sexual activities. All employees should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment and retaliation against individuals for cooperating with an investigation of sexual harassment complaint is unlawful and will not be tolerated at the City. Complaint Procedure. Any employee who believes they have been subject to or witnessed illegal discrimination, including sexual or other forms of unlawful harassment, is requested and encouraged to make a complaint. You may, but are not required to, complain first to the person you feel is discriminating against or harassing you. You may complain directly to your immediate supervisor, the next level of management, or any other member of management with whom you feel comfortable bringing such a complaint. Similarly, if you observe acts of discrimination toward or harassment of another employee, you are requested and encouraged to report this to one of the individuals listed above. No reprisal, retaliation, or other adverse action will be taken against an employee for making a complaint or report of discrimination or harassment or for assisting in the investigation of any such complaint or report. Any suspected retaliation or intimidation should be reported immediately to one of the persons identified above. All complaints will be investigated promptly and, to the extent possible, with regard for confidentiality. If the investigation confirms conduct contrary to this policy has occurred, the City will take immediate, appropriate, corrective action; including discipline, up to and including immediate termination. City of Blair Employee Handbook 10 January 2021 Grievance Procedure 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. 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 Human Resource Director and department head. The department head, with assistance from the Human Resource Director 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 Human Resource Director and 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. Progressive Discipline The purpose of this policy is to state the City's position on administering equitable and consistent discipline for unsatisfactory conduct in the workplace. The best disciplinary measure is the one that does not have to be enforced and comes from good leadership and fair supervision at all employment levels. The City's own best interest lies in ensuring fair treatment of all employees and in making certain the disciplinary actions are prompt, uniform and impartial. The major purpose of any disciplinary action is to correct the problem, prevent recurrence and prepare the employee for satisfactory service in the future. Although employment with the City is based on mutual consent, both the employee and the City have the right to terminate employment at will, with or without cause or advance notice, and the City may use progressive discipline at its discretion. Disciplinary action may call for any .of four tools — verbal warning, written warning, suspension with or City of Blair Employee Handbook 11 January 2021 without pay or termination of employment — depending on the severity of the problem and the number of occurrences. There may be circumstances when one or more of these methods are bypassed, or other methods/tools are used. Progressive discipline means that, with respect to most disciplinary problems, these steps will normally be followed: a first offense may call for a verbal warning; a next offense may be followed by a written warning; another offense may lead to a suspension; and still another offense may then lead to termination of employment. The City recognizes that there are certain types of employee problems that are serious enough to justify either a suspension or, in extreme situations, termination of employment. The City reserves the right to take disciplinary action without going through the progressive discipline steps (outlined in above paragraph) in these extreme cases. While it is impossible to list every type of behavior that may be deemed a serious offense, the Personal Conduct policy and additional work rules outlined in this handbook includes examples of problems that may result in immediate suspension or termination of employment. However, the problems listed are not all necessarily serious offenses, but may be examples of unsatisfactory conduct that will trigger progressive discipline. By using progressive discipline, we hope that most employee problems can be corrected at an early stage benefiting both the employee and the City. Problem Resolution/Open Door Policy To foster an environment where employees and management feel comfortable communicating with and voicing concerns to one another, the City uses an Open Door Policy. Basically, this policy means that all of the Supervisors' doors are open to all of the employees, and employees are flee to talk with management at any time. Please consider the following in regard to this policy: You are responsible for addressing concerns with a Supervisor, from complaints to suggestions and observations. Addressing these concerns allows the City to improve and explain practices, processes and decisions. We recommend that you first discuss concerns with your immediate Supervisor, but the Open Door Policy also provides you the option of discussing them with higher management. All of these parties will be willing to listen to the issue and assist in a resolution. Drug Free Workplace and Substance Abuse We recognize alcohol and drug abuse to be potential health, safety and security problems. It is expected that all employees will assist in maintaining a work environment free from the effects of alcohol, drugs or other intoxicating substances. Compliance with this Drug free Workplace Policy is a condition of employment. Employees are prohibited from the following when reporting for work, while on the job, on City or customer premises or surrounding areas or in. any, vehicle.used for City. business: City of Blair Employee Handbook 12 January 2021 • The unlawful use, possession, transportation, manufacture, sale, dispensation or other distribution of an illegal or controlled substance or drug paraphernalia • The unauthorized use, possession, transportation, manufacture, sale, dispensation or other distribution of alcohol • Being under the influence of drugs or alcohol or having a detectable amount of an illegal or controlled substance in the blood or urine Any employee violating these prohibitions will be subject to disciplinary action up to and including termination. Any employee convicted under any criminal drug statute for a violation occurring while on the job, on City or customer premises or in any vehicle used for City business must notify the City no later than five days after such a conviction. A conviction includes any finding of guilt or plea of no contest and/or imposition of a fine, jail sentence or other penalty. Drug and alcohol testing will be carried out in compliance with any applicable state and federal laws and regulations. Disciplinary action will be taken for drug-related crimes, regardless of whether they happened during working hours or on an employee's own time. We recognize that employees suffering from alcohol or drug dependence can be treated. We encourage any employee to seek professional care and counseling prior to any violation of this policy. Contagious Illness The City realizes that employees with contagious temporary illnesses, such as influenza, colds and other viruses, need to continue with normal life activities, including working. However, we also seek to maintain a healthy workplace for our employees and customers. In deciding whether an employee with an apparently short-term contagious illness may continue to work, the City considers several factors. The employee must be able to perform normal job duties and meet regular performance standards. In the judgment of the City, the employee's continued presence must pose no risk to the health of the employee, other employees or customers. If an employee disputes the City's determination that a risk exists, the employee must submit a statement from his or her attending health care provider that the employee's continued employment poses no risk to the employee, other employees or customers. Supervisors are encouraged to remind employees that the City provides paid leave to cover absences due to contagious temporary illness. If an employee has exhausted all of his or her paid leave, the employee may be eligible for an unpaid leave. All employees are urged to contact their Supervisor with questions about the possible contagious nature of another employee's temporary illness. City of Blair Employee Handbook 0 January 2021 Driver's License and Driving Record Employees whose work requires operation of a motor vehicle must present and maintain a valid driver's license and a driving record acceptable to our insurer. Employees will be asked to submit a copy of their driving record to the City from time to time. Any changes in the driving record of an employee, whose work requires the operation of a motor vehicle, must be reported to their Supervisor immediately. Failure to do so may result in disciplinary action, including dismissal. If an employee (who is required to drive as a part of their work) becomes uninsurable for any reason, they will be terminated unless they can be transferred to another available position within the City for which they are qualified. Driving While on City Business Driver inattention is a factor in a majority of motor vehicle accidents. We are not only concerned about,your welfare as a City Employee, but also the welfare of others who could be put in harm's way by inattentive driving. As a driver, your first responsibility is to pay attention to the road. Any time you are driving a city vehicle, driving your own vehicle for City business or driving a rental vehicle while out of town on business, the provisions of this policy apply, as well as any Substance Abuse Testing policy. Obey the Law The City is not responsible for any moving traffic violations, tickets for parking violations or violation of any other city ordinances or state or federal laws regarding your driving habits and operation and care of your personal motor vehicle. Any tickets issued are the employee's responsibility, even if the ticket is issued while conducting business for the City. Cellphone Use Cellular phone use while driving is a common, often harmful, distraction. We are concerned about your safety as well as the safety of others. For this reason, the use of cell phones while driving is strongly discouraged. Do not accept or place calls unless it is an emergency, meaning the call cannot wait until you safely pull off the road or until you arrive at your destination. If you must use your cellphone while driving, please use good judgment: keep the call short, use a hands-free device, get to know your phone and its features, and suspend conversations during hazardous driving conditions (rain, snow, ice, fog, glare, heavy traffic, etc.). Also be aware that in many jurisdictions, using a cellphone while driving is prohibited or limited to calls facilitated by the use of a hands-free device. Other Safe Driving Precautions • Obey all driving regulations. • Driver and passengers should always wear seat belts. ® Avoid distractions such as phone calls; texting; eating; applying makeup; paying too much attention to your radio; or other distracting behavior. City of Blair Employee Handbook 14 January 2021 ® Do not drive if your ability to drive safely is impaired by the influence of medications. ® Be aware of weather and road conditions. Limit or avoid driving when rain or snow threatens your safety If using a vehicle not your own (rental or otherwise), be sure to properly adjust the mirrors and familiarize yourself with the vehicle's controls before operating. Employees who drive for City business must have a current, valid driver's license and required insurance. Employee Travel and Reimbursement The City reimburses employees for reasonable business travel expenses incurred while on assignments away from the normal work location. All business travel must be approved in advance by the City Administrator. A business travel expense report form is available from City office staff. Employees whose travel plans have been approved are responsible for making their own travel arrangements, but will be assisted by Supervisor, City Clerk, or Human Resources Director, if necessary, in making non -vehicular travel and hotel arrangements. When approved, actual costs for lodging, transportation (other than personal vehicles), and other expenses (i.e. parking, registration fees, etc.) directly related to the accomplishment of business travel objectives will be paid for directly by the City whenever possible. If direct payment by the City is not feasible, the employee will be reimbursed for all allowable travel related expenditures. The City will provide a per diem rate for food and it shall be based upon the amount set by the United States Government General Services Administration (GSA) guide, which is governed by the Internal Revenue Service for the applicable city/location. The appropriate costs are monitored on an annual basis by GSA. If lodging is not paid directly by the City, employees must submit to their Supervisor copies of lodging invoices in order to obtain reimbursement. The current GSA guide is assessable via the Internet at www.gsa.gov. Daily meal and miscellaneous expense allowance breakdowns vary by geographic location and are meal specific. Meals included as part of the conference or training or those provided at no additional costs by the lodging entity (i.e. continental breakfast/buffet) are not reimbursable. Per diem shall not be paid for travel and city business that does not require an overnight stay. First and last day of business travel is paid at seventy-five percent (75%) of the per diem amount shown for meal and incidental expense breakdowns on the GSA website. When driving is: required by authorized business travel, city -owned vehicles should be utilized to the maximum extent possible. An employee may utilize their personal vehicle when approved by their Supervisor. When such use is authorized, the employee may request mileage. reimbursement. Mileage shall be reimbursed at the current rate established City of Blair Employee Handbook 15 January 2021 by the. State of Nebraska. Any employee involved in an accident while traveling on business must promptly report the incident to their Supervisor. Vehicles owned, leased, or rented by the City may not be used for personal Cash advances to cover reasonable anticipated expenses are authorized. After travel is approved, employees may submit a written request for advance payment through their respective Supervisors to the finance department. Requests for travel cash advances must be made well in advance to allow for approval by the City Administrator. When travel is completed, employees should submit completed travel expense reports within seven (7) days. The travel report shall include the calculation of the per diem amount based upon the number of days or partial days and any adjustment to meals paid directly by the City with the conference registration fee. Reimbursement shall be made in accordance with the expense provisions of this policy. Employees should contact their Supervisor or finance department for guidance and assistance on procedures related to travel arrangements, cash advances, travel expense reports, or any other business travel issues. Abuse of this policy, including falsification of cash advance requests or travel expense reports, may be grounds for disciplinary action, up to and including termination of employment. Section Three: Employment Employment Status/Classification Throughout this handbook, various terns are used relating to employment status. At the time of hire, an employee will be informed of how the position is classified. They are defined for purposes of this handbook only, as follows: Full-time Employees: Those Employees who are in the City Human Resources records as Full-time and who are regularly assigned to work at least 40 hours each week. Regular Part -tune Employees: Those Employees who are listed in the City Human Resources records as Regular Part -Time Employees and who are regularly scheduled to work less than 30 hours each week and 1500 hours annually. Part-time Employees: Those Employees who are listed in the City Human Resources records as Part-time Employees and who do not have a regularly assigned schedule and work less than 1500 hours annually. Seasonal Employees: Those Employees whose service with the City is intended to be of limited duration. A seasonal employee is hired into a job established for a specified period of time or for the duration of a specific project or group of assignments and listed in the Human Resources records as a temporary Employee (as opposed to a full-time or part-time Employee). City of Blair Employee Handbook 16 January 2021 Exempt: Exempt status indicates that the Employee's job duties and position do not qualify for overtime compensation under the Fair Labor Standards Act. Generally, exempt Employees are paid on a salary basis. Non -Exempt: Non-exempt positions are those positions that are not exempt from the minimum wage and/or overtime compensation requirements in the Fair Labor Standards Act. Non-exempt positions require the City to pay the Employee overtime (time and a half) or Compensatory time (time and a half) per this policy for all hours worked in excess of 40 during a work week. The key phrase here is "hours worked." Sick leave and Compensatory time_taken off shall not count as time worked for purposes of calculating overtime. Vacation and Holiday hours shall count as time worked. All Employees -in positions that are classified as non-exempt will be required to track their hours worked and will be eligible for overtime pay in accordance with the Wage and Hour laws as outlined in our Overtime Policy. Employment and Background Verification To ensure that individuals who join the City are well qualified and to ensure a safe and productive work environment, the City may conduct pre-employment background checks on all applicants who accept an offer of employment. Background checks may include verification of any information on the applicant's resume or application form. All background checks are conducted in conformity with the Federal Fair Credit Reporting Act, the Americans with Disabilities Act, and state and federal privacy and antidiscrimination laws. Reports are kept confidential and are only viewed by individuals involved in the hiring process. If information obtained in a background check would lead the City to deny employment, a copy of the report will be provided to the applicant, and the applicant will have the opportunity to dispute the report's accuracy. Background checks may include a criminal record check, although a criminal conviction does not automatically bar an applicant from employment. Additional checks such as a driving record may be made on applicants for particular job categories if appropriate and job related. Physical Assessment The City requires a physical assessment to determine fitness for duty by a licensed physician. Other City employees may also be required to undergo a physical examination to determine fitness for duty as part of the hiring process. Such job-related criteria shall be consistent with business necessity, as determined by the City, and shall not unlawfully discriminate against candidates for appointment. Selection and Appointment In order to be eligible for full time and regular part-time employment with the City, an individual must be: An American citizen or otherwise authorized to remain in the country; No less than eighteen (18) years of age, City of Blair Employee Handbook 17 January 2021 • The age requirement of not less than eighteen (18) years of age, may be waived for seasonal and part-time employees by the City Administrator. 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: • The selection process may be limited to persons in the City service or a segment thereof; • The selection process may be opened to the general public without special preference or consideration for any City employees who apply; and • The selection process may include both City employees and members of the general public, with City employees given preference in application and/or consideration. Vacancies may be non -competitively filled with qualified persons by the following means: • Reinstatement of a former City employee, as described elsewhere in these rules • Demotions for cause, as described elsewhere in these rules • Voluntary demotion • Re -promotion of an employee previously demoted in lieu of layoff • Lateral transfer • Special employment program Application Procedure • The City will make every effort to promote within its organization. • All applicants for full-time or part-time positions must complete a job application in order to be considered for employment. • All applications shall be submitted to Human Resources on or before the closing date specified in the job announcement. Applications may require any pertinent information including, but not limited to, training, education, experience, references, and licenses and/or certifications. Human Resources shall require proof education, experience, training, licenses and/or certifications, and any other claims as appropriate. • Applications for employment with the City shall only be accepted at the time of a vacancy. • Any question in any application form shall not be framed so as to elicit information concerning race, religion, sex, age, physical or mental disability, or political affiliation. • Applications shall remain on file with the City for one (1) year and shall not be returned. Disqualification of Applicants The Human' Resources department, City Administrator, Mayor; and City Council may refuse to consider an applicant, or may refuse to interview or examine an applicant, or after examination when required, may disqualify such applicant, remove their name from an City of Blair Employee Handbook 18 January 2021 eligibility list, or may remove such person already appointed for reasons including, but not limited to the following: ® Failed to meet the preliminary requirements and qualifications for employment ® Made a false statement of material fact on the employment application ® Used or attempted to use political pressure or bribery to secure an advantage in the appointment ® Directly or indirectly obtained unauthorized information about the examination or administration of it; and/or cheated in any way on the examination ® Failed to submit the application correctly or within the prescribed time limits • Participated in the compilation, administration or grading of an examination for which he/she is an applicant ® Previously resigned while charges for dismissal were pending or was previously dismissed from City services ® The applicant has been convicted of a crime involving conduct which would be inconsistent with or detrimental to the performance of the job duties of the position ® The applicant has established an unsatisfactory employment or personnel record as evidenced by reference checks which are of such a nature as to demonstrate unsuitability for employment ® The applicant has shown other reasons considered by the hiring agent to be detrimental to the best interest of the City Residency Residency in the City of Blair is encouraged for all employees but shall not be required. However, in the interest of the City, employees shall reside in proximity to the City. Proximity shall be defined as a maximum distance of 30 miles as measured by a straight line from City Hall. For all employees required to report for emergencies, such as streets, utilities, water plant, wastewater plant, parks, and administrative supervisors, the maximum allowable response time shall be the time from notification to legally drive to the work site plus 20 minutes. It shall be the responsibility of each department to maintain the response time of their employees and to immediately report any violation or discrepancy to the Human Resources department. New Employee Introductory Period All employees are hired into a six (6) month introductory period and are informed of that policy at the time of the job offer. At the end of the introductory period, their Supervisor will: • Advise the employee that the introductory period has been successfully concluded ® Advise the employee that the introductory period is being extended ® Terminate employment City of Blair Employee Handbook 19 January 2021 During this period, the employee's work record and general adaptability to The City's working conditions will be reviewed by their Supervisor to determine whether continuation of employment will be mutually satisfactory or not. New employees with unsatisfactory job performance are generally consulted with and advised by their Supervisor as to their problems. The Supervisor will generally advise the employee of what is expected of him or her in order to be considered a regular employee and may elect to extend the introductory period. Any extension to the introductory period will be communicated by the Supervisor to the employee. If, after a reasonable amount of time and training, there is not satisfactory improvement, the employee may be terminated before the end of the introductory period. The implementation of the six (6) month introductory period does not change the employee's at -will status. Attendance and Punctuality All employees are expected to arrive on time, ready to work, every day they are scheduled to work. If unable to arrive at work on time, or if an employee will be absent for an entire day, the employee must contact your Supervisor, Public Works Director, or HR as soon as possible. Excessive absenteeism or tardiness will result in discipline up to and including termination. Failure to show up or call in for a scheduled shift without prior approval may result in termination. If an employee fails to report to work or call in to inform the Supervisor of the absence for three consecutive days or more, the employee will be considered to have voluntarily resigned employment. Work Schedules At the time a job offer or promotional opportunity is presented, the work schedule will be explained as part of the responsibility of the position. Your assigned work schedule is subject to change with two (2) weeks advanced notice as approved by the City Administrator to better meet the needs of the department and City.. As needed, you may be required to work special events outside of your normal schedule. If you are scheduled to work a special event, your Supervisor will notify you of your assigned duty and report time at least two weeks in advance of the event. Work Week and Hours of Work Standard working hours for City office personnel are from 8:00am to 4:30pm Monday through Friday. However, flexible scheduling is available to employees, with approval of their Supervisor and concurrence of City Administrator. Flex time allows an employee to adjust their start time, their end time and/or reduce their lunch break; Standard working hours for Streets, Utilities, Waster water Plant, and Parks are form 7:00 a.m. to 4:00 p.m. Monday through Friday. However, flexible scheduling is available to employees, with their Supervisor's approval. Flex time allows an employee to adjust their start time, their end time and/or reduce their lunch break; Water Plant will operate 24 hours per day, 7 day days per week, and shifts will be established by Water plant supervisor, with the approval of the Director of Public Works. Generally supervisory staff will work 7 a.m. to 4:00 p.m. with shifts working 6 City of Blair Employee Handbook 20 January 2021 a.m. to 6 p.m. and 6 p.m. to 6 a.m. Swing operators shall work schedules as determined by the Director of Public Works. Job Posting The City normally recruits candidates for vacant positions, both internally and externally. Most job openings are posted at all work, sites, City web site, local newspaper, and various other publications relative to the position open. to recruit qualified candidates. Job Descriptions A job description is a formal document describing the nature, scope, physical requirements, and responsibilities of a specific job within the organization. Job descriptions are used for purposes of training and development, annual performance appraisals, promotions, recruiting, and hiring. All jobs within the organization must be evaluated and assigned a job classification. All new positions must be evaluated and approved before the job can be posted. When the duties of a job change significantly, it may be necessary to reevaluate the job's classification. Internal Transfers/Promotions The City will normally try to fill job openings, above entry-level positions, by promoting from within or by transferring qualified applicants within the organization. To be eligible for an open position, an Employee must: ® Meet the specified minimum requirements of the posted position; ® Be in a non -probationary status; and ® Meet a six-month length of service requirement in their existing job, unless the department Manager authorizes the Employee to post for the job before this minimum requirement is fulfilled. An Employee must complete a Job Application form and submit it to the HR department before the Employee will be considered for the position. References Human Resources must handle all employment reference calls. All communication inquiring about another employee (past or present) should be transferred to the Human Resources Manager. Rehire of Former Employees Employees who leave the City voluntarily and in good standing and who subsequently re- apply for employment are eligible for rehire. These individuals will be provided equal consideration with other applicants based on job-related qualifications and their past work history with the City. Employees terminated by the City are generally not eligible for rehire unless they receive approval from the Supervisor and City Administrator, upon recommendation by Human Resources Manager. City of Blair Employee Handbook 21 January 2021 Reinstatement after Break in Service Generally, employees who have a break in service of six months or less will be assigned their last hire date. Employees who have a break in service of six months or longer will be assigned a new hire date. Reinstatement in benefit and retirement plans will be governed by the plan documents. Management retains the right to make exceptions to this policy based on the circumstances of an employee's separation, reinstatement or prior length of service. Human Resources Records/Employee Files Employee files are maintained by an authorized individual and are considered confidential. Managers may only have access to personnel file information on a need -to - know basis. Managers considering the hire of a former employee or transfer of a current employee may be granted access to the file, or limited parts of it, in accordance with antidiscrimination laws. Human Resources employee files may be accessed by current employees and former employees upon request and will generally be permitted within three days of the request, unless otherwise required under state law. Human Resources files may not be taken outside the City Office. Representatives of government or law enforcement agencies, in the course of their duties, may be allowed access to file information with appropriate documentation. To assist in keeping these records accurate, the Employee is responsible for notifying the HR Department of any changes in mailing address, phone number, marital status, number of dependents, emergency contact, educational accomplishments, citizenship, tax withholding allowances, emergency contact information, dependent insurance coverage or other relevant information. Whenever possible, changes should be made electronically. Retirement The City of Blair does not dictate a retirement date. Retirement should be the decision of the employee and whether they can continue to perforin the duties and job functions of the assigned position/job. Access to retirement funds will be governed by pension program guidelines and IRS requirements. Reduction in Workforce A regular employee may be laid off from work because of lack of work or funds. Whenever possible, an employee laid off from one department shall be assigned to a suitable position elsewhere. Whenever possible, at least two weeks' notice or two weeks' severance pay in lieu of the notice shall be given prior to layoff. In determining the order of layoff, the following factors shall be taken into consideration: a) Needs of service; b) Nature of work to be curtailed; c) Length of service; performance qualifications; City of Blair Employee Handbook 22 January 2021 d) In addition to the above factors, the advisability of demoting the employees in higher classes to lower classes for which they are qualified and laying off those in lower classes may also be considered; e) No regular, full-time employee shall be laid off from any position while a temporary employee is still employed in the same department. Any benefits or insurance coverage provided by the City's insurance plans would be made available to the employee as appropriate, depending upon individual policies. Continuation of benefits would be available under the same terms as any other termination. Leaving the Organization Termination of employment is an inevitable part of Human Resources: activity within any organization, and many of the reasons for termination are routine. Below are examples of some of the most common circumstances under which employment is terminated: ® Resignation: Voluntary employment termination initiated by an employee. ® Termination: Involuntary employment termination initiated by the City. ® Layoff: Involuntary employment termination initiated by the City for non - disciplinary reasons. If you wish to resign, we ask that you notify your Supervisor of your anticipated departure date at least two weeks in advance. Of course, as much notice as possible is appreciated by your co-workers. We prefer this notice to be in the form of a written statement. Failure to report to work during your notice period without informing management of the planned absence could result in a voluntary resignation. Any outstanding financial obligations owed to the City will be deducted from your final check provided your prior written permission. If your final check does not sufficiently cover the money owed to the City, you will remain liable for that amount. If you leave in good standing, you may be considered for re-employment. Except as required by law or by separate agreement, employee salary and benefits will Health insurance coverage expires the end of the month. Upon resigning, please continue to provide us with an accurate address for at least one year for tax purposes. Section Four: Work Rules 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. City of Blair Employee Handbook 23 January 2021 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. Ethics and Conflict of Interest The City expects all employees to conduct themselves and the City's business in a manner that reflects the highest standards of ethical conduct, and in accordance with all federal, state, and local laws and regulations. This includes avoiding real: and potential conflicts of interests. Exactly what constitutes a conflict of interest or an unethical business practice is both a moral and a legal question. The City recognizes and respects the individual employee's right to engage in activities outside of employment which are private in nature and do not in any way conflict with or reflect poorly on the City, It is not possible to define all the circumstances and relationships that might create a conflict of interest. The list below suggests some of the types of activity that indicate improper behavior, unacceptable personal integrity, or unacceptable ethics: ® Soliciting or profiting from the City's client or prospect base or other City asset for personal gain. ® Acting on behalf of the City in servicing or obtaining a client, and limiting the best solution for the client or prospect for personal financial gain. ® Acting as director, officer, employee or otherwise for any business or institution with which the City has a competitive or significant business relationship without the written approval of the City Administrator. ® Engaging in practices or procedures that violate antitrust laws, commercial bribery laws, copyright laws, discrimination laws, campaign contribution laws, or other laws regulating the conduct of City business. ® Accepting substantial gifts or excessive entertainment from an outside organization or the City. ® Using one's position in the City or knowledge of its affairs for personal gains. If a situation arises where there is a potential conflict of interest, the employee should discuss this with their Manager for advice and guidance on how to proceed. Confidential and Proprietary Information The protection of confidential business information and trade secrets is vital to the interests and success of the City. Confidential information is all information disclosed to or known by you because of employment with the organization that is not generally known to people outside the organization about its business. An employee who improperly uses or discloses trade secrets or confidential business information will be subject to disciplinary action up to and including termination' of City of Blair Employee Handbook 24 January 2021 employment and legal action, even if he or she does not actually benefit from the disclosed information. This provision is not intended to, and should not be interpreted to, prohibit employees from discussing wages and other terms and conditions of employment if they so choose. Contact with the Media All requests for interviews or information from the media regarding the City or our clients are to be directed to City Administrator or his/her designee. City Administrator or his/.her designee will determine the appropriate response to the request. Media requests include anything intended to be published or viewable to others in some form, such as television, radio, newspapers, newsletters and websites. Employment of Relatives and Close Personal Relationships The employment of relatives in the same area of an organization has the potential to cause conflict or the appearance of favoritism. In addition to claims of unfair treatment at work, personal conflicts from outside the work environment can be carried over into day- to-day working relationships. For purposes of this policy, a relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. A similar relationship would include significant others, roommates and potentially any close personal [dating] relationship. Relatives of current employees may not occupy a position that will be working directly for or supervising their relative. The City also reserve the right to take prompt action if an actual or potential conflict of interest arises involving relatives or individuals involved in a dating relationship who occupy positions at any level (higher or lower) in the same line of authority that may affect the review of employment decisions. If a close, personal relationship is established after employment between employees who are in a reporting situation described above, it is the responsibility and obligation of the Manager involved in the relationship to disclose the existence of the relationship to their Manager and the HR Department. The individuals concerned will be given the opportunity to decide who is to be transferred to another available position. If that decision is not made within 30 calendar days, management will decide who is to be transferred or, if necessary, terminated from employment. Outside Employment/Activities The City does not encourage employees to have outside employment (including self- employment) however, it is permissible provided that: • There is not a conflict of interest with the City • The employment does not interfere with the satisfactory performance of the employee's duties or work schedule with the City • The employment does not involve the use of the City resources, including any confidential information, such as client, and/or contact and/or census information City of Blair Employee Handbook 25 January 2021 ® The employment is of the type that would not bring discredit upon the employee or the City Employees who wish to accept outside employment must obtain approval from their Manager before accepting such outside employment. The employee's Manager will review all requests with the next level of management. This approval is required for any outside employment, regardless of the length of the employment. The final approval and acceptance of outside employment is at the sole discretion of the City Administrator. All responses, approved or rejected, will be placed in the employee's file. The City encourages all employees to be active in their communities. However, as community activities and, in particular, religious and/or political involvement reflect personal values which may or may not be shared by. the Mayor and City Council, these activities should be perfolined independently of the! City. This means the City e-mail, letterhead, phone lines, etc., shall not be used to promote events and/or causes. In addition, employees are expected to conduct their personal affairs in a manner that does not adversely affect the City's or their own integrity, reputation or credibility. Illegal or immoral off-duty conduct on the part of an employee that adversely affects the City's legitimate business interests or the employee's ability to perform his or her job will not be tolerated. Political Activity This policy is in accordance with Neb. Rev. Stat. §23-3001 which states that unless specifically restricted by a federal law or any other state law, no employee of the state or any political subdivision thereof shall be prohibited from participating in political activities except during office hours or when otherwise engaged in the performance of his or her duties. No employee may engage in any political activity while wearing a uniform required by the City. Personal Appearance Dress, grooming and personal cleanliness standards contribute to the morale of all employees and affect the business image the City presents to customers and visitors. When representing the City, employees are expected to present a clean, neat and tasteful appearance. Employees should dress and groom themselves according to the requirements of their position and accepted social standards. This is particularly true if their job involves dealing with customers or visitors in person. The employee's Supervisor is responsible for establishing a reasonable dress ,code appropriate to the job they perform. If their Supervisor feels their personal appearance is inappropriate, they may. be asked to leave the workplace until they are properly dressed City of Blair Employee Handbook 26 January 2021 or groomed. Under such circumstance, the employee may not be compensated for the time away from work. An employee should consult their Supervisor if they have questions as to what constitutes appropriate appearance. Uniforms Any payment made to an employee for clothing/uniform allowance shall be paid as taxable income as per IRS regulations. City employees shall be eligible for clothing and uniform allowances as follows: Law Enforcement (Chief and Lieutenant) clothing and uniform allowance shall be the rate and pay frequency as the officers of the FOP Lodge #83. Any officer terminating employment with the City will receive payment on a pro -rated basis, calculated to the last full month of employment. Public Works Superintendent, Street Supervisor, Equipment Operator II, Asst. Street Foreman, Cemetery/Park Superintendent, Park & Cemetery Labor Asst., Asst. Park & Cemetery Supervisor, Utilities Supervisor, Utility Worker II, Utility Worker I, Water Plant Supervisor, Water Plant Operator, and Wastewater Supervisor, Wastewater Plant Operator, shall receive the following: • $200.00 for each employee each year for winter wear to include, but not be limited to coveralls, coats and boots. o Payment shall be made as part of the last pay period in November for the twelve-month period starting December 1. o New employees will receive a prorated payment in the last pay period of the month after hire equal to the number of full months remaining until the next December after such hire. i. Eight (8) safety compliant t -shirts, to be replaced as needed. ii. Eleven (11) initial jeans rented, 5 laundered per week. iii. One safety compliant sweat shirt, then replaced as needed. b) Animal Control will be provided with eleven (11) uniforms, shirts and pants, furnished by the City through rental service or actual purchase. c) Police Secretary I & II will all receive seven (7) city shirts (to be selected by employees and approved by city administrator) and replaced as needed. d) Library Director, Adult Librarian, Youth Services Librarian, and Part-time Library staff will all receive libraiy-themed shirts as programmed by the Library Director and replaced as needed. e) City Administrator, Assistant City Administrator, Director of Public Works, City Treasurer, City Clerk, and Technical Support — Accounting / Utilities /Clerical will all receive two (2) city shirts (to be selected by employees and approved by city administrator) and replaced as needed. f) Failure to report to work with proper attire, which .includes the attire being clean (with limits) and free of excessive rips and tears, could result in the .employee being sent home without pay. This will result,in coaching and counseling. Continued failure could result in disciplinary action if unable to return to work for more than 24 hours. City of Blair Employee Handbook 27 January 2021 Tobacco Use The City strives to provide all employees with a pleasant and healthy work environment. We are a leading consulting organization, promoting health and wellness. The City feels strongly about the health hazards of tobacco use on individuals and its impact on premium rates for group health insurance plans. Tobacco products include: cigarettes, cigars, pipes, smokeless tobacco, electronic cigarettes or chewing tobacco. Use of tobacco by employees on City premises will be restricted to their personal automobile and designated smoking areas. The City premises are defined as any building, parking lot; vehicle or other property owned, leased or in the control of the City. As a good corporate citizen, this definition is further expanded to include neighboring public and private property. Employees may use tobacco products before and/or after their scheduled work hours, or during their regularly scheduled lunch period. If an employee is required to work overtime or outside their scheduled work hours, the employee may take a smoke break; however, non-exempt employees will not be paid for time taken for smoke breaks. Visitors In an effort to maintain safety and security we have guidelines in place regarding visitors in our office. All visitors are to be escorted by a City employee at all times. Please do not allow visitors to roam the premises unaccompanied. Because the majority of our employees are on the phone we ask that noise be kept to a minimum. Section Five: Safety Personal Safety The City wants to ensure that our employees remain safe and injury -free at all times. The City intends to comply with all applicable safety laws. In order to guarantee that accidents are avoided whenever possible, we expect our employees to refrain from horseplay, careless behavior and negligent actions. It is the City's policy to maintain a safe and secure working environment for all employees and clients. While working, employees must observe safety precautions for their safety and for the safety of others. All work areas must be kept clean, and free of clutter and debris. Any hazards or potentially dangerous conditions must be corrected immediately or reported to a Supervisor. If you are involved in an accident, you must: • Report the accident to your Supervisor's or the HR Department immediately • Obtain any necessary medical treatment • If you must seek additional medical treatment, obtain your Supervisor's consent before leaving the premises Complete an Accident Report, regardless of the severity of the injury Employees Who fail to comply with this procedure maybe subject to disciplinary'action. City of Blair Employee Handbook 28 January 2021 Workers' Compensation/Injury Reporting The City will provide workers' compensation, a type of accident and injury insurance that compensates an employee for lost wages, medical expenses and permanent impairment that results from an injury arising out of or in the course of work. Employees must report any work-related injury or disease immediately (or as soon as practicable) to their Supervisor and the HR Department so that the necessary paperwork can be completed in a timely manner. Please note that under state laws, employees who fail to report work, -related injuries in a timely manner may see a reduction or denial of their workers' compensation benefits. If an employee is able to return to work after an injury or illness for which they were receiving workers' compensation, the employee must provide documentation from their medical provider that either outlines any work-related restrictions or verifies that the employee is able to complete all job-related tasks. In the event that an employee is able to return to work under restrictions, the City will make every reasonable effort to accommodate the employee's work, ability and job responsibilities. If and when the medical provider removes all work restrictions, the employee is expected to perform their regular duties and will no longer receive workers' compensation benefits. 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 may include 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 their regular salary as provided by Workers Compensation. However, the City recognizes that current workers compensation regulations require that an employee must be off work, for a period of three weeks or more before they are eligible for reimbursement of the first week's wages and that it can take up to three weeks to start receiving wage benefits. Therefore, in an effort to minimize any financial hardship to the employee and upon written request by the employee, the City will allow the injured employee to use leave time, sick, vacation, or compensatory time to: I . Receive normal compensation and benefits for the first two weeks recognizing that the employee may or may not be eligible for wage benefits due to the work- related injury. 2. Employees that are off work for a period of more than two weeks will then be able to utilize leave time, sick, annual, and comp, to supplement their Workers Comp weekly benefit so as to allow the employee to have net take home pay equivalent to the employee's normal take home pay prior to said injury, pay for any employee share of health insurance, and to fund any Flex spending account. Any usage of leave shall be taken in increments of one (1) hour. (For purposes of this,section.take home pay shall be considered equivalent if the calculated City of Blau Employee Handbook 29 January 2021 combination of Workers Compensation and leave time usage is not less than 3% of normal take home pay.). FMLA leave and workers' compensation leave will be taken concurrently. Identification Badges and Building Access Upon starting employment with the City, you will be issued keys/access cards that will allow access to the entrance to be used by employees and any areas that management deems necessary for you to complete your job duties. Generally, the front office door is the only unsecured door during business hours. However, there are times when other doors to other parts of the building are unlocked for various reasons. All the City employees have the responsibility to ensure that all areas are secured before leaving for the day. Workplace Violence Prevention The City is committed to providing a safe, violence -free workplace for our employees. Therefore, the City will not tolerate violence or threats of violence of any form in the workplace, at work-related functions or outside of work if it affects the workplace. This policy applies to the City employees, clients, customers, guests, vendors and persons doing business with the City. It is a violation of this policy to engage in any conduct, verbal or physical, that intimidates, endangers or creates the perception of intimidation or intent to harm persons or property. Examples include but are not limited to the following: ® Physical assaults or threats of physical assault, whether made in person or by other means (e.g., in writing or by phone, fax or email) ® Verbal conduct that is intimidating and has the purpose or effect of threatening the health or safety of another individual ® Any other conduct or acts that management believes represent an imminent or potential danger to safety or security Anyone with questions or complaints about behaviors that fall under this policy may discuss them with a Manager or the Human Resources Department. The City will promptly and thoroughly investigate any reported occurrences or threats of violence. Violations of this policy will result in disciplinary action, up to and including immediate termination. When such actions involve non -employees, the City will take action appropriate for the circumstances. When appropriate, the City will also take any legal actions available and necessary to stop the conduct and protect the City, our employees and property. Weapons in the Workplace Unless prohibited by state law; the City prohibits the possession of firearms or any other lethal weapon on City property; in a vehicle being used on City` business, in any the City- owried or lease& parking facility or at a work-related function. This applies to all City of Blair Employee Handbook 30 January 2021 employees, visitors and customers on City property, even those who are licensed to cavy weapons. The only exception to this is an employee who is required to possess weapons in order to fulfill their duties. Some examples of prohibited weapons include: • Firearms (pistols, revolvers, shotguns, rifles and bb guns) • Knives (switchblades, gravity knives or any knife with a blade longer than three inches) • Metal knuckles • Bows and arrows • Tasers We prohibit weapons to ensure the safety and security of all employees and persons visiting the City. Any employee found in violation of this policy will be subject to disciplinary action, up to and including immediate termination. If you have questions or concerns regarding this policy, please contact the HR Department. Search In order to ensure compliance with its policies (including but not limited to policies on Workplace Violence, Drug Free Workplace and Personal Conduct), investigate possible workplace misconduct, or for other work-related reasons, and unless otherwise required by applicable laws, the City reserves the right to search City work areas, City equipment, and any packages, clothing or other items on City premises, including but not limited to lockers, desks, employee vehicles, or personal bags. Emergency Plan The City recognizes that our people drive our business. As our most critical resource, employees are safeguarded through training, provision of appropriate work surroundings, and procedures that foster protection of health and safety. No task, no matter what its perceived result, is more important than employee health and safety. General Guidelines in an Emergency Stay calm and think through your actions. Know important emergency numbers, such as: • Fire/Police/Ambulance: 911 • Human Resources Department: 402.426.4141 Be aware of your surroundings: • Know where exits are located. • In the event of an emergency, use only stairs. • Do not hesitate to call or alert others if you believe that an emergency is occurring. Inclement Weather There aretimes when the weather conditions may dictate changes to normal office protocol. While these conditions are more likely to occur in the winter (extreme cold; City of Blair Employee Handbook 31 January 2021 severe storms), .there are other circumstances, such as floods would also be considered as "inclement" conditions., Tornados generally fall outside of this policy, as the duration is limited. The inclement weather policy is designed to address the safety of our Employees, and to allow common sense to guide decision-making. By tuning into your local news, you will have access to the same information we use to make our decisions. We encourage Employees to be proactive and discuss their particular situation (driving distance; daycare; driving concerns, etc.) with their Supervisor. By doing this, they can establish personal protocols (coming in late, working from home, etc.) for decision making on inclement weather days. Essential personnel shall be employees within the City's Police, Public Works Department, Parks, and designated Administrative Staff as determined by the City Administrator. All other City departments shall not be required to report for duty on days when staffing levels have been declared as "essential personnel" only. If the office is officially closed for an entire day due to weather, all full-time employees will be paid for a normal workday. Non-exempt employees will be paid for eight hours of time on their timecards. For purposes of overtime, paid time for office closures is not considered actual hours worked. If the office closes early and you leave earlier than the official closing time, you will be paid only for actual hours worked, or you may take Vacation. Exempt employees will be paid for a normal full day but are expected to complete their work at another time. Section Six: Benefits and Leave Eligibility for Benefits Employees are eligible to participate in benefits on the first day of the month following employment, provided they are full-time or regular part-time employees, some of the benefits under the plan may have a longer waiting period and participants must meet the plan's eligibility requirements. The City reserves the right to add, amend, modify, change and terminate the types of benefits provided and/or premium contributions made by the City at any time, with or without notice. All benefits provided by the City, including those identified in this handbook, are subject to the eligibility requirements, rules, conditions and requirements of each benefit plan or policy. In the event of a conflict with the provisions of this handbook and the provisions of any plan or policy, the terms of the plan or policy shall prevail. Please refer to the most recent Benefit Enrollment Guide for current benefit options. ???? City of Blair Employee Handbook 32 January 2021 Vacation 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 Bi -Weekly at the following rates: Years of Regular Ciq Service Per Pay Period Accrual Annual Accrual Years 1 through 5 3.08 hours 80 hours Years 6 through 9 4.62 hours 120 hours Years 10 throw h 14 5.54 hours 144 hours Years 15 through 19 6.15 hours 160 hours Years 20 and over 6.77 hours 176 hours Accrual rates for regular part-time positions will be pro -rated based on total regular schedule hour to be worked. The following positions will receive 160 hours of vacation per year (6.15 hours per pay period) for the first 19 years of service and then follow the schedule set forth for all employees. 1) City Administrator 2) Assistant City Administrator 3) City Clerk 4) City Treasurer 5) Police Chief 6) Director of Public Works 7) Library Director 8) Human Resources Director Vacation leave shall be administered according to the following rules: a) No vacation leave shall be granted in advance of accrual. b) Requests for vacation 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. Requests for vacation shall never be considered approved until the Department Head and Human Resources Director has given final approval. c) Vacation leave may be taken following the pay period that it is earned. d) The City Administrator shall approve vacation leave for department heads, which 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 (1/2) 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. City of Blair Employee Handbook 33 January 2021 h) An employee may accumulate a maximum vacation hours up to the current years maximum earned plus an additional number of hours. equal to the following: (i) years one through five 40 hours. (ii) years six through nine 60 hours. (iii) years ten through fourteen 80 hours (iv) years fifteen through nineteen 120 hours (v) years twenty and over 160 hours Sick Time 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. Full time eligible employees shall accrue 3.577 hours of sick leave per pay period (Bi - Weekly), with the accrual for regular part-time employees prorated according to time worked. Sick leave may not be accumulated beyond 928 hours for full-time employees working 40 hour weeks and a proportionate lesser amount for eligible part-time employees. Use of Sicl< Leave a. If an employee is not reporting for work due to sick leave, they are required to contact their immediate supervisor within (3 0) minutes of start time. b. The initial minimum period of sick leave shall be one hour; anything over one hour may be taken in 15 -minute increments. c. Sick leave shall not be granted in advance of accrual, but vacation and compensatory leave and/or leave without pay may be authorized for employees exhausting their sick leave. 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. Sick leave shall not be transferable between employees. f. Sick leave may be used during the introductory period; however, cannot be used until after the pay period that it is earned. g. 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 loco parentis , grandchild(ren) or other legal dependents.) The City reservesthe 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. City of Blair Employee Handbook 34 January 2021 h. Holidays occurring during periods of sick leave shall not be charged against such leave. i. Employees are able to substitute accumulated sick leave to cover the gap in Workers Compensation pay, not to exceed their base pay. Sick leave may be used in one (1) hour increments or larger. Payout of Sick Leave a. Upon death or retirement an employee shall be paid for 55% of the unused accumulated sick leave not to exceed the allotted accumulation. b. 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 928 hours based on the number of years of service as follows: 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% 25 years 55% c. 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. FMLA use of Sid Leave a. For purposes of Sick leave — FMLA leave is limited to serious health conditions regarding the employee, employee's parent, spouse, child, or the birth or adoption of a child. Routine illnesses and medical procedures that last three (3) days or less are not covered by FMLA. If a routine illness extends for a longer period, a. Request for FMLA Leave must be submitted, and shall become effective back to the start of the illness or injury. b. An Employee requesting FMLA leave shall substitute accrued sick leave, accrued vacation leave, and accrued comp leave prior to any unpaid leave allowed under FMLA. c. Pregnancy and any subsequent maternity leave shall be treated as any other illness and/or injury covered by FMLA. d. 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 City of Blair Employee Handbook 35 January 2021 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 talce 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 Human Resources Director for information and referral to appropriate services and resources. Holidays The following days and any other day(s) that may be designated by the Mayor due to circumstances shall be official holidays (City Holidays) for the City of Blair. All city offices and departments will be closed on these days. Essential Police and essential water treatment plant personnel shall be required to report to duty as scheduled by their supervisor with the approval of the department head. Holidays New Year's Day Labor Day President's Day Columbus day Memorial Day Thanksgiving Day 4th of July Day after Thanksgiving Christmas Day Christmas Eve Day after Christmas if Christmas falls on Thursday. Three (3), eight (8) hour Floating Holidays per fiscal year, which must be used by the last day of the last full pay period of the fiscal year. All City Employees shall observe the City Holidays on the date recognized by the State of Nebraska and/or Federal Govermnent, with exception of Police Department and Water Treatment Plant. Police Department — Chief, Lieutenant, Animal Control and Clerical Staff. same as all other City Employees. All other police positions shall be subject to the current FOP Lodge #83 contract. Water Treatment Plant — Plant Supervisor and two floating operator positions shall take Holidays off the same as all other City Employees. All other operators shall be paid eight (8) hours of straight time for regular holidays in addition to any hours worked o All Employees working on designated City Holidays, except shift workers, shall be paid at rate of 1 r/2 times for actual hours worked on a "City Holiday". Water Plant shift workers — the paid Holiday shall be the actual Holiday. City of Blair Employee Handbook 36 January 2021 Example: Christmas falls on Saturday, legal city holiday would be Friday. Those individuals working on Saturday, Christmas Day (December 25th) would be compensated at 1 1/2 times, not those working on Friday. New employees shall be eligible for two floating holidays for the balance of the current fiscal year upon completion of first full pay period worked. Religious observances are not considered holidays. If you would like to take time off from work for a religious observance, you must use Vacation hours, scheduling time in advance with the approval of your Supervisor. Bereavement Leave In the event of a death, a regular employee is authorized three (3) eight (8) hour days or a total of twenty-four (24) hours of paid funeral leave per fiscal year, which shall not be chargeable to vacation leave. Employees are required to notify their immediate Supervisor as soon possible in the event a bereavement request is needed. Immediate family members are defined as an employee's spouse, parents, stepparents, siblings, children, stepchildren, grandparent, father-in-law, mother-in-law, brother-in- law, sister-in-law, son-in-law, daughter-in-law, or grandchild. All regular, full-time employees may take up to two (2) days off with pay to attend the funeral of a non -immediate family member. The initial minimum period of funeral leave shall be two hours; anything over two hours shall be taken in one-hour increments. Regular part-time employees pay will be prorated. Family and Medical Leave of Absence (FMLA) The federal Family & Medical Leave Act of 1993 (FMLA) as amended, requires employers with 50 or more employees to provide eligible employees with unpaid leave. There are two types of leave available, including the basic 12 -week leave entitlement (Basic FMLA Leave), as well as the military family leave entitlements (Military Family Leave) described in this policy. Eligibility for FMLA Leave Employees are eligible for FMLA leave if they: ® Have worked for The City for at least 12 months; ® Have worked at least 1,250 hours for The City during the 12 calendar months immediately preceding the request for leave; and • Are employed at a work site that has 50 or more employees within a 75 -mile radius. The 12 months of service need not be consecutive. Employment before a break in service of 7 years or more will not be counted, unless the break in service was caused by the City of Blair Employee Handbook 37 January 2021 employee's USERRA-covered service obligation, or there was a written agreement that the employer intended to rehire the employee after the break in service. Employees with any questions about their eligibility for FMLA leave should contact the HR Department for more information. Basic FMLA Leave Employees who meet the eligibility requirements described above are eligible to take up to 12 weeks of unpaid leave during any 12 -month period for one of the following reasons: 1. To care for the employee's son or daughter during the first 12 months following birth; 2. To care for a child during the first 12 months following placement with the employee for adoption or foster care; 3. To care for a spouse, son, daughter, or parent ("covered relation") with a serious health condition; 4. For incapacity due to the employee's pregnancy, prenatal medical or child birth; or 5. Because of the employee's own serious health condition that renders the employee unable to perform an essential function of his or her position. Married couples. In cases where a married couple is employed by the same Company, the two spouses together may take a combined total of 12 weeks' leave during any 12 - month period for reasons 1 and 2, or to care for the same individual pursuant to reason 3. Military Family Leave There are two types of Military Family Leave available. Qualifying exigency leave. Employees meeting the eligibility requirements described above may be entitled to use up to 12 weeks of their Basic FMLA Leave for a qualifying exigency while the employee's spouse, son, daughter, or parent (the military member or member) is on covered active duty or call to covered active duty status (or has been notified of an impending call or order to covered active duty). For Regular Armed Forces members, "covered active duty or call to covered active duty status" means duty during the deployment of the member with the Armed Forces to a foreign country (outside of the United States, the District of Columbia, or any territory or possession of the United States, including international waters). For a member of the Reserve components of the Armed Forces (members of the National Guard and Reserves), "covered active duty or call to covered active duty status" means duty during the deployment of the member with the Armed Forces to a foreign country under a Federal call or order to active duty in support of a contingency operation. • Qualifying exigencies may include: City of Blair Employee Handbook 38 January 2021 o Short -notice deployment (seven or less calendar days) o Attending certain military events and related activities o Childcare or school activities o Addressing certain financial and legal arrangements o Periods of rest and recuperation for the military member (up to 15 calendar days of leave, dependent on orders) o Attending certain counseling sessions o Attending post -deployment activities (available for up to 90 days after the termination of the covered military member's covered active duty status, and to address issues arising from death of military member) o Attending to parental care needs arising from covered active ;duty or call to duty (arrange for alternative care for a parent of a military member, provide urgent or immediate care, admit or transfer to a care facility, or attend non -routine caregiver meetings with care facility staff) o Other activities arising out of the military member's covered active duty or call to active duty and agreed upon by the City and the employee. Leave to care for a covered service member. There is also a special leave entitlement that permits employees who meet the eligibility requirements for FMLA leave to take up to 26 weeks of leave during a single 12 -month period if the employee is the spouse, son, daughter, parent, or next of kin caring for a covered military service member or veteran recovering from a serious injury or illness, as defined by FMLA's regulations. • For a current member of the Armed Forces, including a member of the National Guard or Reserves, the member must be undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status; or is otherwise on the temporary disability retired list, for a serious injury or illness. For a covered veteran, he or she must be undergoing medical treatment, recuperation or therapy for a serious injury or illness. Covered veteran means an individual who was a member of the Armed Forces (including a member of the National Guard or Reserves), and was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran. • An eligible employee must begin leave to care for a covered veteran within five years of the veteran's active duty service, but the single 12 -month period may extend beyond the five-year period. 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. Military Family Leave due to qualifying exigencies may also be taken on an intermittent basis. Leave may City of Blair Employee Handbook 39 January 2021 not be taken on an intermittent basis when used to care for the employee's own child during the first year following birth, or to care for a child placed with the employee for foster care or adoption, unless both the employer and employee agree to such intermittent leave. Pay, Benefits, and Protections during FMLA Leave ® Leave is unpaid. Family medical leave is unpaid leave (although employees may be eligible for use of sick leave, long-term disability payments, and/or workers' compensation benefits under those plans) if leave is taken because of an employee's own serious health condition. ® Substitution of paid time off for unpaid FMLA leave. Family medical leave and leave time will run concurrently. An employee must use any accrued sick, Vacation, and compensatory time for all or parts of any family and medical leave until leave time is exhausted. Vacation will not accrue while an employee is on FMLA leave nor will the employee be paid holiday pay. The substitution of Vacation for unpaid leave time does not extend the 12 -week leave period. Furthermore, in no case can the substitution of Vacation for unpaid leave time result in the receipt of more than 100 percent of an employee's salary. Medical and other benefits. During an approved family medical leave, the City will maintain the employee's health benefits as if the employee continued to be actively employed. If paid leave is substituted during family medical leave, the City will deduct the employee's portion of the health plan premium as a regular payroll deduction. If leave is unpaid, the employee must pay their portion of the premium through personal check. An employee's healthcare coverage will cease if the employee's premium payment is more than 30 days late. If the payment is more than 15 days late, the City will send the employee a letter to this effect. If the City does not receive the co -payment within 15 days after the date of that letter, the employee's coverage may cease. If the employee elects not to return to work for at least 30 calendar days at the end of the leave period, the employee will be required to reimburse the City for the cost of the premiums paid by the City for maintaining coverage during the unpaid leave, unless the employee cannot return to work because of a serious health condition or other circumstances beyond the employee's control. During FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of the employee's leave. Return to job at end.of FMLA leave. Upon return from FMLA leave, eligible employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. City of Blair Employee Handbook 40 January 2021 Employee Responsibilities When Requesting FMLA Leave If the need to use FMLA leave is foreseeable, the employee must give the City at least 30 days' prior notice of the need to take leave. When 30 days' notice is not possible, the employee must give notice as soon as practicable (within 1 or 2 business days of learning of the need for leave except in extraordinary circumstances). Failure to provide such notice may be grounds for delaying the start of the FMLA leave. Whenever possible, requests for FMLA leave should be submitted to the HR Department using the Request for Family/Medical Leave form available front the HR Department. If the need for leave is not foreseeable, employees are required to provide as much notice as soon as practicable under the facts of the particular case. An employee requiring unforeseeable leave must, absent extraordinary circumstances, call his or her direct supervisor and provide sufficient information jregarding the employee's need for leave to support a request for FMLA leave. It generally should be practicable for the employee to provide notice of leave within one business day. When submitting a request for leave, the employee must provide sufficient information for the City to determine if the leave might qualify as FMLA leave, and also provide information on the anticipated date when the leave would start as well as the duration of the leave. Calling in "sick" is not sufficient. Sufficient information may include that the employee is unable to perform job functions; that a family member is unable to perform daily activities; that the employee or family member needs hospitalization or continuing treatment by a healthcare provider; or the circumstances supporting the need for military family leave. Employees also must inform the City if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also will be required to provide a certification and periodic recertification supporting the need for leave. Employer Responsibilities When an employee requests leave, the City will inform the employee whether they are eligible under the FMLA. If the employee is eligible for FMLA leave, the employee will be provided a written notice that includes details on any additional information they will be required to provide. If the employee is not eligible under the FMLA, the City will provide the employee with a written notice indicating the reason for ineligibility. If leave will be designated as FMLA-protected, the City will inform the employee in writing and provide information on the amount of leave that will be counted against the employee's 1'2- or 26 -week entitlement. Medical Certification If the employee .is ,requesting leave because of the employee's own or a covered relation's serious health condition, the employee and the relevant healthcare provider must supply City of Blair Employee Handbook 41 January 2021 appropriate medical certification. Employees may obtain Medical Certification forms from the HR Department. When the employee requests leave, the City will notify the employee of the requirement for medical certification and when it is due (no more than 15 days after leave is requested). If the employee provides at least 30 days' notice of medical leave, they should also provide the medical certification before leave begins. Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided. The City, at its expense, may require an examination by a second healthcare provider designated by the City, if it reasonably doubts the medical certification initially provided. If the second healthcare provider's opinion conflicts with the original medical certification, the City, at its expense, may require a third, mutually , agreeable, healthcare provider to conduct an examination and provide a final and binding opinion. The City may require subsequent medical recertification. Failure to provide requested certification within 15 days, except in extraordinary circumstances, may result in the delay of further leave until it is provided. Employees may also be required to provide a fitness -for -duty certification upon return to work, or during intermittent leave, as required. Reporting While on Leave If an employee takes leave because of the employee's own serious health condition or to care for a covered relation, the employee must contact the City Bi -weekly regarding the status of the condition and his or her intention to return to work. In addition, the employee must give notice as soon as practicable (within 2 business days, if feasible) if the dates of the leave change, are extended, or were unknown initially. Exemption for Highly Compensated Employees Highly compensated employees may not be returned to their former or equivalent position following a leave if restoration of employment will cause substantial economic injury to the City. The City will notify employees if they qualify as "highly compensated" employees if the City intends to deny reinstatement, and of employees' rights in such instances. Intermittent and Reduced -Schedule Leave Leave because of a serious health condition, or either type of family military leave may be taken intermittently (in separate blocks of time due to a single health condition) or on a reduced -schedule leave (reducing the usual number of hours worked per workweek or workday) if medically necessary. If leave is unpaid, the City will reduce the employee's salary based on the amount of time actually worked. In addition, while an employee is on an intermittent or reduced -schedule leave, the City may temporarily transfer the employee to an available alternative position that better accommodates the recurring leave and that has equivalent pay and benefits., Non-FNILA or Personal Leave of Absence City of Blair Employee Handbook 42 January 2021 Employees may be granted a leave of absence to attend to personal matters in cases which the City determines that an extended period of time away from the job will be in the best interests of the Employee and the organization. If an Employee finds it necessary to request a personal leave without pay, other than for a medical, parental or family care leave of absence, it must be for justifiable reasons. Personal leave is granted at the discretion of the City and is based on factors such as the Employee's performance, length of service, the reason for the leave and the length of the leave. To be eligible for a personal leave, the Employee must have been with the City for one year. Employees must use all Vacation hours during a personal leave. Once an Employee exhausts their Vacation balance, they will become ineligible for all benefit plans for which employment is a requirement. Under COBRA, they may be eligible to extend coverage under certain benefit plans. A Personal Leave of Absence is not an absence under FMLA and does not apply toward the 12 weeks of FMLA entitlement. When granted, the leave is for a specified period of time. Failure to return to work on the specified date will mean automatic voluntary termination effective the last day worked. Military Leave of Absence The City provides military leave to eligible employees in compliance with federal and state laws, including the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). Employees should notify their Manager as soon as they become aware of a military service obligation. Questions regarding the City's military leave policy should be directed to the HR Department. Leave for Annual Training Employees who are members of the U.S. Army, Navy, Air Force, Marines or Coast Guard Reserves or the National Guard may be granted leaves of absence for the purpose of participating in Reserve or National Guard training programs. Employees will be granted the minimum amount of leave needed to meet the minimum training requirements of their units. No employee will be required to use vacation time for military duty, but employees who do elect to schedule their vacations to coincide with military duty will receive their full regular vacation pay in addition to any pay from the military. In recognition of the public service performed by Reservists and members of the National Guard; employees will receive the difference between their: regular pay and their service pay, excluding any military subsistence allowance or other expense allowances during the City of Blair Employee Handbook 43 January 2021 training period. If state law requires a different arrangement, the City will comply with state law. All employees who enter military service may accumulate a total absence of 5 years and still retain employment rights. Jury Duty and Other Civil Leave The City encourages employees to perform their civic responsibilities when required. Employees will need to provide their Manager as much notice as possible so that suitable staffing arrangements can be made. Benefit eligible employees will be paid at their regular rate of pay if serving on a jury occurs during the employee's normal working hours. Employees will retain any compensations paid to them as part of their jury service. When an employee is not required to report for jury duty, the employee is expected to report to work. After concluding your duty, you must submit a signed statement of service from the clerk of the court or another document showing actual time of attendance. Voting If you are unable to vote on an officially designated election day because of your work schedule, you will be allowed reasonable time off to do so. Prior notification and approval of your Manager is required. However, you will be expected to vote before or after normal working hours if your schedule permits. The City follows appropriate state statutes in the application of voting privileges. Witness Duty Employees may be excused to testify in a court or other proceeding when required to do so by a valid subpoena that has been properly served upon them. Employees must notify their Manager as soon as possible after they have been served with a subpoena. If the legal proceeding involves the City, the employee and the Manager must contact the [Leadership] so that appropriate arrangements can be made by the City's legal counsel to minimize disruption of work, and inconvenience to the employee. Employees will not be paid for witness duty unless they are representing the City. CDL License Reimbursement The City of Blair will reimburse the cost of obtaining or renewing as CDL license for all employees that are required to hold a CDL license. The City Administrator may approve the reimbursement cost of obtaining or renewing a CDL license for any employee where it is determined to be a benefit to the City. Certification Assistance The City encourages all Employees to take classes, seminars, and courses that lead to job- related professional designations and certifications. The City will typically pay registration fees, test materials, and examination fees for full-time employee's. .Employees should check with Supervisor for assistance in: scheduling any training. Tuition Assistance City of Blair Employee Handbook 44 January 2021 Employees are also encouraged to take college courses that will allow them to work towards obtaining a degree that will assist them in their job related functions and careers. Eligibility and Use ® All tuition requests must be pre -approved by City Administrator prior to taking the class. ® Employee must have at least or a minimum of one (1) year of full-time employment with the City of Blair. ® Enrolled in a College or University located within Nebraska, unless specifically approved by the City Administrator due to lack of available degree program. ® All college courses must relate to an Employee's specific job and will be, considered on an individual basis. ® The City shall reimburse eligible employees for actual tuition costs paid by the employee out of pocket; not to exceed $200 per credit hour for up to six (6) credit hours per semester. (Tuition only) Reimbursements Employee must submit a letter requesting reimbursement along with the appropriate documentation of the expenses (invoices, verification of C or above, or P for pass, receipts, etc.) and the prior approval from the City Administrator to the HR Department. Section Seven: Compensation Performance Evaluations/Salary Reviews The City wants to help employees to succeed in their jobs and to grow professionally. In an effort to support this growth the City has a Performance Evaluation process for providing formal performance feedback on a regular basis. The City is committed to the concept of continuous improvement of performance and development of effective job skills and professional conduct. Through the growth of each individual employee's performance, the City can more fully meet our overall mission and vision. The Performance Evaluation process also serves as a basis for determining different work assignments, new job responsibilities and salary increases. The Performance Evaluation process provides a structured time and setting for guidance and communication of job performance and job expectations. Meals and Rest Breaks All full time or regular part time employees working more than six hours per shift are entitled to an unpaid meal break each day as set by department head. Employees will need to clock out at start of the break and clock back at the end of the break. If a non - City of Blair Employee Handbook 45 January 2021 exempt employee is required to work through a meal break, they will be paid for the meal break. Meal breaks will be scheduled by the department Supervisor. All full time employees shall be entitled, but not guaranteed, one fifteen minute break in the morning and afternoon as scheduled by Supervisor. All regular part time employees working less than six hour shifts shall be entitled, but not guaranteed, to one fifteen minute break per shift. Time Records The city requires that each employee except exempt employees to maintain a time card of their hours of work utilizing the City's time and attendance -program. This will keep a record of work attendance. For nonexempt employees, time and attendance program will also be used to ensure the accuracy of paychecks. All nonexempt employees are required to accurately record their hours worked each day. Each employee must only use their own time and attendance log in to accurately record their time worked. Employees who log on for anyone other than their own will be subject to disciplinary action. Employees may not punch in more than seven (7) minutes before the beginning of their shifts and may not punch out more than seven (7) minutes after their shifts end, unless overtime hours were previously approved by their managers. Employees must review the timecards on time and attendance to guarantee accuracy of the hours recorded prior to the end of the pay period and prior to review and approval by Supervisor. Overtime/Compensatory Time Earned When required due to the needs of the City, you may be asked to work overtime. Overtime is actual hours worked in excess of 40 in a workweek. Non-exempt employees will be paid time and one half their regular rate of pay or receive compensatory leave hours equal to paid time and one half credited to their comp leave account for all hours actually worked in a workweek. Paid leave, such as sick, bereavement time, compensatory, jury duty, and military leave does not apply toward work time. All overtime work must be approved in advance by a supervisor. Requests for use of compensatory time leave shall be the same as for vacation leave. Upon separation from employment with the City of Blair, all accumulated comp time hours shall be paid at the employee's final rate of pay. All supervisors shall flex employee's regular schedules to reduce or eliminate the need for overtime, comp, and./or extra hours each pay period unless otherwise directed by City Administrator. No employee shall be able to accumulate more 100 hours of comp time leave at any one time. Overtime earned for the following events shall not be subject to flexing but shall be subject to all other overtime rules. Fail/Spring Cleanup, Gateway to the West. City of Blair Employee Handbook 46 January 2021 Deductions from Pay Federal, state and local laws require that certain deductions be made from all employees' paychecks. These deductions may include items such as Social Security and tax withholdings. Certain benefit programs may require contributions from an employee in order to participate. Eligible employees must authorize these voluntary deductions by signing the applicable deduction authorization form. In the case of online enrollment, the online submission becomes the applicable deduction form. Questions regarding payroll calculations should be made to an employee's Manager. If an employee's Manager is unable to provide an answer, they will refer the question. Pay Day/Direct Deposit The City requires all employees to be enrolled in direct deposit. Employees may designate up to three accounts in one bank or at different banks. Paydays are bi-weekly (26 pay periods per year) usually on Thursday. If the normal payday falls on a City recognized holiday, paychecks may be delayed one workday. 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 except for the Waste Water Plant which shall be 12:01 o'clock a.m. on Saturday and end at 12:00 o'clock Midnight on Friday. Payroll Advances/Loans The City does not offer salary advances regardless of an employee's emergency need for financial assistance. City of Blair Employee Handbook 47 January 2021 Section Eight: Technology Acceptable Use of Technology This policy addresses the acceptable use of City computer equipment and systems. The policy applies to all City Employees and contractors, collectively "workers," and covers all City computer equipment and systems including but not limited to: software applications, network access and applications, Internet access and applications, e-mail, voice mail, smartphones and other wireless devices, peripheral equipment and any other devices accessed on or through City computers or network. All information traveling over City computer networks that has not been specifically identified as the ,property of other parties will be treated as though it is ;a City corporate asset. It is the policy of the City to prohibit unauthorized access, disclosure, duplication, modification, diversion, destruction, loss, misuse or theft of this information. In addition, it is the policy of the City to protect information belonging to third parties that has been entrusted to the City in confidence as well as in accordance with applicable contracts, industry standards, regulations and legislation. As a productivity enhancement tool, the City encourages the business use of electronic, computer-based technology. All data which resides on City systems, including backup copies are considered to be the property of the City, not the property of the users. City assets are intended for use in conducting the business of the City. Incidental personal use is permitted as long as: • It does not consume more than a trivial amount of a resource. • It does not interfere with staff productivity. • It does not preempt any business activity. • It is not used for or in conjunction with any activities that are, in the sole discretion of the City, considered to be offensive, immoral or discriminatory. • It is not used for or in conjunction with any illegal activities. An Employee should take extreme caution when transferring or downloading files (including software) from any external source. All files or software should be passed through virus protection programs prior to use. Failure to detect viruses could result in corruption or damage to files and/or unauthorized entry into City's network. It is mandatory that you comply with copyright and trademark laws when transferring files. If an Employee finds that any damage occurred as a result of downloading software or files, the incident should be reported immediately to the IT department. At any time and without prior notice, City's management reserves the right to examine personal file directories, e-mail, voice mail and other information stored on City smart devices, computers, network; etc. This examination helps to ensure compliance with City of Blau Employee Handbook 48 January 2021 internal policies and supports the performance of internal investigations, and assists with the management of City's information systems. Use of City technological resources constitutes acceptance of such monitoring at the direction of the City Administrator. This policy should be read and interpreted in conjunction with all other City policies, including but not limited to policies prohibiting harassment, discrimination, offensive conduct or inappropriate behavior. Employees are prohibited from using technological resources for any unethical purpose, including but not limited to pornography, violence, gambling, racism, harassment or any illegal activity. Employees are forbidden from using technological resources to store, post or communicate any untrue or threatening remarks which violate policy about clients, fellow Employees or others. Employees are also prohibited from using City's technological resources for any other business or profit-making activities. Disclosure of any confidential information to any party, not entitled or specifically allowed by law to that information is prohibited. Violations of these guidelines may result in disciplinary action up to and including termination. All files, postings, voice mails, e-mails and attachments can be disclosed to law enforcement or other third parties without prior consent. If necessary, the City will advise appropriate legal officials of any illegal violations. Workers are expected to be knowledgeable of these and all policies of City. Any questions should be directed to City Administrator. Violations of this or any other policy subjects an Employee to immediate revocation of system privileges and may result in disciplinary action, up to and including termination. All equipment and software is the property of the City, including data created and/or stored using the equipment and/or software. Use of any technological tool constitutes acceptance of the monitoring of appropriate use at the direction of City Administrator. Acceptable Use of Computers The City invests significant capital in equipment, which is used by their workers in fulfilling their jobs. • Workers are expected to take reasonable efforts to keep the equipment they are entrusted with safe from harm. • No software can be installed on City equipment without the consent of the IT Department. • All computers used to access the City network must have up-to-date antivirus software installed and actively deployed. • Workers must take all reasonable measures to ensure that no viruses are introduced to City resources. City of Blair Employee Handbook 49 January 2021 Workers should be aware of all the security, privacy, media and other policies which may be incorporated by reference or by practice into this policy. Specifically: • Know and apply the appropriate City policies and practices that pertain to network and information security. • Not permit any unauthorized individual to obtain access to City systems, including internet connections. • Not use or permit the use of any unauthorized device in connection with City personal computers. • Not use City resources (hardware, software or data) for other than authorized company purposes. • Maintain exclusive control over and use his or her password(s) and protect them from inadvertent disclosure to others. • Ensure that data under his or her control and/or direction is properly safeguarded according to its level of sensitivity. • Report to the IT and City Administrator any incident that appears to compromise the security of City information resources. For example, missing data, virus infestations, unexplained transactions, etc. • Access only the data and automated functions for which he/she is authorized in the normal course of business activity. • Obtain authorization from your Supervisor for copying, uploading or downloading of information to or from City multi-user systems if this activity is outside the scope of normal business activities. • Make backups of all sensitive, critical and valuable data files as often as is deemed reasonable by IT. Violation of these policies may be subject to disciplinary procedures up to and including termination. Acceptable Use of Software Employees are prohibited from installing software on City systems without prior written approval of the IT and City Administrator. The installation (including downloading) of games and other entertainment software is prohibited. The transfer of any executable files or programs which change the configuration of your system by anyone other than IT department personnel is prohibited. The City strongly supports strict adherence to software vendors' license agreements. When at work, or when City computing or networking resources are employed, copying of software in a manner that is not consistent with the vendor's license is strictly forbidden. Violation of these policies may be subject to disciplinary procedures up to and including termination. City of Blair Employee Handbook 50 January 2021 Acceptable Use of Electronic Messaging Electronic messaging encompasses all forms of communication in an electronic format, including but not limited to e-mail, voice mail, texting and blogging. All City workers must have unique usernames and passwords to access the e-mail and voice mail systems, in order to provide the ability to separate the activities of different users. Other electronic messaging systems, such as fax machines, do not support user separation. Users are accountable for all transmissions under their username. Recognizing that some information is intended for specific individuals and may not be appropriate for general distribution, electronic communications users should exercise caution when forwarding messages. Sensitive City information may not be forwarded to any party outside of the City without prior approval. Blanket forwarding of messages to parties inside or outside the City is prohibited. Messages no longer needed for business purposes must be periodically purged by users from their personal electronic message storage areas. The messaging system is not intended as a message and data store. Creation of personal e-mail archives is prohibited. All files attachments and/or messages should be dealt with on a timely basis, and then filed in accordance with document management and retention guidelines. Electronic messages are automatically purged based on standards published by the IT department. By default, City electronic communications systems are not encrypted, although we do use certain algorithms to detect and encrypt e-mail communications which include Personal Information (PI) and/or Personal Health Information (PHI). For all other confidential or sensitive electronic communications, the user is responsible for using encryption or similar technologies to protect the data. The City cannot guarantee that electronic communications will be private. Users should be aware that electronic communications could, depending on the technology, be forwarded, intercepted, printed and/or stored by others. Consistent with generally accepted business practice, the City collects statistical data about electronic communications. As an example, call -detail -reporting information collected by telephone switching systems indicate the numbers dialed, the duration of calls, the time of day when calls are placed, etc. Using such information, IT staff monitors the use of electronic communications to ensure the ongoing availability and reliability of these systems. All electronic communications sent and received using City devices and/or applications are the property of the City and not the user. While it is the policy of the City not to regularly monitor the content of electronic communication, we do reserve that right. Users should structure their electronic communications in recognition of the fact that the City will, from time to time, examine the content of electronic communications. (IT staff may not review City of Blau Employee Handbook 51 January 2021 the content of an individual employee's communications out of personal curiosity, or at the behest of individuals who have not gone through approval channels.) All e-mail messages (sent and received) are automatically copied onto City's e-mail archiving system, and stored until purged according to the e-mail archive retention policy. Employees should exercise the same restraint and caution in drafting and transmitting messages over the electronic and voice mail systems as they would when writing a memorandum or letter, and should assume that their message will be saved and reviewed by someone other than the intended recipients. Violation of these policies may be subject to disciplinary procedures up to and including termination. Acceptable Use of Internet The resources, services and interconnectivity available via the Internet all introduce opportunities and risks. In response to these risks, the Internet Security policy applies to all Employees who use the Internet with City computing or network resources, as well as those who represent themselves as being connected in one way or another with the City. Wiretapping and message interception is straightforward and frequently encountered on the Internet. Accordingly, City secrets, proprietary or private information must not be sent over the Internet unless it has first been encrypted by approved methods. The City strongly supports strict adherence to software vendors' license agreements. When at work, or when the City computing or networking resources are employed, copying of software in a manner that is not consistent with the vendor's license is strictly forbidden. Participation in social media is subject to the City's Social Media Policy. All users wishing to establish a connection with City computers via the Internet must authenticate themselves at a firewall before gaining access to Company's internal network. Unless the IT Department has all approved the practice in advance, users are prohibited from using new or existing Internet connections to establish new business channels. These channels include electronic data interchange (EDI) arrangements, electronic mail with online shopping, online database series, etc. Users must know and apply the appropriate City policies and practices pertaining to Internet security. If sensitive City information is lost, disclosed to unauthorized parties or suspected of being lost or disclosed to unauthorized parties, the IT and. City Administrator must be notified immediately: City of Blair Employee Handbook 52 January 2021 Workers may not install other online services to access the Internet on City -owned computers, such as America Online, CompuServe, EarthLink, or any other program or software on your PC. Any questions should be directed to the IT Department. Violation of these policies may be subject to disciplinary procedures up to and including termination. Acceptable Use of Passwords Passwords are a critical part of information and network security. Passwords serve to protect user accounts. City Employees and Independent Contractors are required to take appropriate steps to ensure they are creating strong, secure passwords and to keep them safeguarded at all times. Passwords will be governed by systems -controlled policies, which will govern the length, content and change frequency of the password. Passwords are considered confidential information. No worker is to give, tell or hint at their password to another person, including Information Technology (IT) staff, administrators, superiors, other co-workers, and friends and family members, under any circumstances. If someone demands your password, refer them to this policy or have them contact the IT or the City Administrator. Passwords are not to be transmitted electronically over the unprotected Internet, such as e- mail; however, passwords may be used to gain remote access to the City's IP -secured Virtual Private Network or SSL -protected website. No Employee is to keep an unsecured written record of his or her passwords, either on paper or in an electronic file. If it proves necessary to keep a record of a password, then it must be kept in a controlled access safe (if in hard copy), or in an encrypted file (if in electronic form). Do not use the "Remember Password" features of applications and/or websites. (It is acceptable to use the single sign on features of Okta, which enables the saving of user IDs and passwords for commonly used websites in a secure manner and requires users authentication to access the stored information.) Passwords used to gain access to the City systems should not be used as passwords to gain access to non -company accounts or information. If possible; don't use the same passwords to access. multiple company systems. If an Employee either knows or suspects that his or her password has been compromised, it must be reported -to the IT and the password must be changed immediately. City of Blair Employee Handbook 53 January 2021 Violation of these policies may be subject to disciplinary procedures up to and including termination. Acceptable Use of Cell Phones Cell phones and other wireless communication devices should always be used in a safe, legal and responsible manner. This policy applies to personal equipment used during business hours or any time for City business and to City equipment at all times. The City discourages the use of cell phones or other electronic communication devices while driving. All laws governing the use of cell phones or other electronic communication devices while driving must be followed. Employees who are charged with traffic violations resulting from the use of their wireless devices while driving will be solely responsible for all liabilities that result from such actions and may be subject to corrective action up to and including termination of employment. Violation of these policies is subject to corrective action up to and including termination. Acceptable Use of Social Media Social media is a common and expanding form of communication for businesses and individuals. The following are guidelines for City employees who participate in social media. Social media includes personal blogs and other websites, such as Facebook, LinkedIn, Twitter, Instagram, Tumblr, YouTube and more. Because new online tools and technology seemingly develop daily, this list is not exhaustive; therefore, this policy is intended to be applicable to a broad range of Internet activity. The City may use social media as a tool to share information, increase brand awareness, promote the organization and its products, and interact with consumers and community members. Social Media Policy Guidelines This policy will assist employees in understanding how the City policies apply to Internet and social media technologies and their responsibilities when communicating via these methods. The policy will also define requirements for participation in these media, including those hosted by the City, clarifying what is appropriate for employees to say, print or portray on social media sites relating to their workplace, co-workers, clients or work practices. Be professional, use good judgment and be accurate and honest in your communications. You: should refraiw from posting items which' may be policy violations, including City of Blair Employee Handbook 54 January 2021 comments or posts about drug and/or alcohol use, profanity, off-color or sexual humor, and other inappropriate conduct. • Don't use ethnic slurs, personal insults, obscenity, or engage in any conduct that would not otherwise be acceptable in the workplace. Ensure that your social media conduct is consistent with all policies contained in the City Employee Handbook. • Show proper respect for people's privacy and for topics which may result in violation of policies, like politics and religion. • Comply with the law, including those governing defamation, discrimination, harassment, copyright, fair use and financial disclosure. • Do not publish, post or release information that is proprietary or confidential, including non-public financial or operational information, legal information, strategic or marketing information, employee information, or personal or business information about the City's customers. • Consider everything that you post to the Internet to be public information. Because privacy settings on social media sites frequently change, many eyes may fall upon your posts, including those of co-workers, your supervisor, customers, community members, the press and competitors. You should assume that anything you post could be available to anyone for an indefinite period of time. Even posts that are deleted can remain online in various formats. • You are responsible for what others post on your individual social media accounts. Do not allow any information to reside on your social media accounts that fails to comply with this policy. • City logos or trademarks should not be used on personal social media accounts. • Ensure that your social media activity does not interfere with your job performance and work commitments. • Upon termination of employment with the City, be sure to update your social media to properly reflect your relationship. Where no policy or guideline exists, employees should consult with City Administrator before proceeding further. Nothing in this policy, whether by language or application, is intended to infringe upon any individual's right to engage in protected, concerted activity as defined by the National Labor Relations Act or any other employee legal rights. City of Blair Employee Handbook 55 January 2021 Acknowledtement and Agreement I have either received a copy or have electronical accessed the City.of Blair Handbook dated December 2021. I represent that I have either read the Handbook and/or had the opportunity to read it and ask questions about its content. I understand that I am obligated to comply with all of its rules, policies, terms and conditions, realizing that failure to do so may result in disciplinary action and/or termination. I also understand that this handbook supersedes all previous written and unwritten policies, including any previous handbooks. I understand and agree that my employment is "at will' so that both City of Blair and I remain free to choose to terminate our work relationship for any reason or for no reason at any time I understand nothing in this handbook in any way creates an expressed or implied contract of employment between the City of Blair and me, but rather is intended to foster a better working atmosphere while the Employee and Employer relationship exists. Employee's Signature Employee's Name (Printed) Date Date City of Blair (Representative's Signature) Date City of Blair Employee Handbook January 2021 56