PERSONNEL POLICIES AND PROCEDURES Prepared for: CITY OF WEST BUECHEL, KENTUCKY Revised April 1993 Revised October 2007 With assistance by: Paul combs & Associates, Inc. Georgetown, KY 40324Table of Contents Table of Contents... Policies and Procedures Foreword. bo Part I: Statement of Purpose. Introduction... Scope of Coverage Statement of Equal Opportunity Americans with Disabilities Act Administrative Responsibilities Employee Files ... HROWOww Part Il: Employment Process ... Procedures for Filling Vacancies. Appointing Authority... Employment of Relatives ... wonn Part Ill: Conditions of Employment. Probation Period .. Transfer Promotior Disciplinary Actio Resignations Reduction-in-Force . Reemployment. Loss of Job Requirement... Mandatory Retirement Age Examinations ..... Political Activity Outside Employment Use of City Property, Vehicles and Equipment Seat Belt Policy... Employee Evaluations Workplace Harassment (Including Sexual Harassment) and Discrimination Employee Handbook... Inclement Weather Policy Computer, Information System and Electronic Mail Policy.. Violence in the Workplace Weapons in the Workplace Bloodborne Pathogens Exposure Protection Plan Drug Free Workplace Policy .. Drug and Alcohol Testing Policy ‘Temporary Limited Duty Policy Part IV: Classification PlanAllocations ..... Written Specification: Regular Review/Evalu: Reclassification. Categories of Employment. Part V: Compensation Plan. Pay Ranges Work Sched Minimum Salary... Salary Increases Part VI: Benefits. Holidays 5 Vacation (Annual) Leave. Sick Leave . Disability Leave. Family and Medical Leave .. Maternity Leave Bereavernent (Ful Special Leave ... Military Leave. Jury Duty. Insurance Retirement Travel Reimbursement. Career Development Taxable Benefits Part Vil: General Operating Policies and Procedures. Credit Card / Check Purchases . Loans... Use of Public Funds.. Contract Labor Media Relations Conflict of Interest... Code of Ethics (Appendix A)... Grievance Procedure (Appendix B) . Bloodborne Pathogens Exposure Protection Plan (Appendix C} iiDrug Free Workplace Policy (Appendix D)...... Drug and Alcohol Testing Policy (Appendix E) Temporary Limited Duty Policy (Appendix F)... Pay/Classification Plan 119 120 Authorized Positions .. Salary Scale... Position Descriptions City Clerk-Treasurer Assistant City Clerk. 125 129 Police Chief.. Assistant Police Chief... Police Lieutenant Police Sergeart.. Police Officer Il... Police Officer | Police Officer Recruit 133 137 144 145 ones 149) 153 157 Maintenance Supervisor ... 161 Maintenance Worker..POLICIES AND PROCEDURESFOREWORD (1) Information included in these policies and procedures, classification plan, and compensation plan is not intended to represent a contract between any employee and the city, and may be changed by the City Council without notice. (2) The term "established position" indicates the position(s) in each class created by ordinance, including either full-time or part-time. The class(es) and/or number of positions in each may be changed by the City Council without notice, and employee(s) occupying the position(s) may be affected by such changes. (3) Throughout this document, an “applicant” is defined as an individual who has submitted a completed and signed city-provided Employment Application Form for a specific position, and who meets the minimum qualifications for the position. (4) | Throughout the context of these policies and procedures, all references to employee shall include non-elected officers. (5) __ If any provision of these policies and procedures is held invalid, such invalidation shall not affect the remainder of this ordinance or its application. (6) Allorders that conflict with the contents of this document are hereby repealed; all ordinances that conflict with the contents of this document shall be repealed by a separate ordinance. (Added October 2007)PART |. STATEMENT OF PURPOSE A. Introduction: 1. The City of West Buechel recognizes that a personnel systemn designed to ensure the recruitment, development and retention of a competent, productive work force is essential to effective, efficient local goverment. These personnel policies and procedures have been developed in order to achieve optimum efficiency, economy and equity in the pursuit of the city's goals and the utilization of its human resources. 2. These policies and procedures have been developed in compliance with current state and federal labor laws and applicable court decisions, and are not intended to supersede either federal legislation or the Kentucky Revised Statutes. B. Scope of Coverage: 1 specified: The following are explicitly exempted from coverage, unless otherwise Allelected officials; All members of Boards or Commissions; City Attorney; Consultants, advisors and counsel rendering temporary services; Independent contractors; Employees occupying non-established positions; and Members of volunteer organizations. empaorp 2. All employees not explicitly exempted from coverage of these personnel policies and procedures shall be subject to its provisions unless indicated otherwise in specific sections of these policies and procedures. 3. In the event that individual sections of these personnel policies and procedures are declared applicable to those defined in |.B.1., the provision must be stated in the applicable section. c. Statement of Equal Opportunity: The city seeks to provide equal opportunity to all of its employees and applicants for employment, and to prohibit discrimination based on race, color, sex, religion, national origin, ethnicity, political affiliation, physical or mental disability, age or marital status. The city promotes equal opportunity in matters of hiring, training, promotion, transfer, compensation, benefits and all other terms, privileges and conditions of employment. (Changed October 2007) D. — Americans with Disabilities Act (ADA) Statement: 1. _ The city will not discriminate against any qualified employee or job applicant with respect to any terms, privileges or conditions of employment because of 3an individual's physical or mental disability. The city also will make reasonable accommodations wherever necessary for all employees or applicant with disabilities if the individual is otherwise qualified to safely perform the essential functions of the job with or without a reasonable accommodation. This policy of nondiscrimination applies to all personnel and employment practices, including: a. Recruitment, advertising and job application procedures; b. Hiring, upgrading, demotion, transfer, layoff, termination, right of return from layoff and rehitin, . Compensation of any kind; and d. Selection and financial support for training. 2. Applicants for employment are encouraged to make a notation on the Employment Application Form to notify Human Resources if accommodation is required during the employment process. 3. It is the obligation of the employee or the applicant for employment to inform the employer of the disability. (Added October 2007) E. Administrative Responsibilities: 1. Im accordance with KRS 83A, the Mayor is the executive authority of the city and is responsible for administering all municipal functions, including personnel administration. The Mayor may delegate the authority for completing specific functions by Executive Order. As such, responsibilities for specific requirements applicable to the personnel function are assigned to the City Clerk-Treasurer as Human Resources Officer throughout the contents of these policies and procedures. Upon enactment of the Executive Order, all references to Human Resources Officer throughout this document shall mean either the Mayor or the City Clerk-Treasurer. Upon such designation, the Human Resources Officer shall have the authority to implement and administer these personnel policies and procedures. 2. These policies and procedures are designed to cover most personnel actions, issues and problems that may arise. Those not included will be interpreted by the Mayor; such interpretation shall be in concert with the spirit and letter of these policies and procedures. In addition, the Mayor may write administrative memoranda to interpret or clarify existing policies until the next Council meeting; these memoranda will have the force of policy, and shall be filed with the personnel policies. 3. Changes in these personnel policies and procedures shall be enacted by Municipal Order. 4. In addition to other duties set forth in these policies and procedures, the Human Resources Officer shall:a Maintain at least the following employee files: (1) Employee's name and permanent address; (2) Position title and departmental assignment; (3) Salary; (4) Past changes in employment with the city; and (6) Such additional information as may be required. b. Insure that all current and newly employed personnel in established positions receive a copy of these personnel policies and procedures. ©. Insure that subsequent amendments or additions made in these personnel policies and procedures by the City Council are incorporated herein as follows: (1) __ Immediately upon official amendment or addition, the change or change(s) shall be written in a manner and format consistent with these personnel policies and procedures; (2) The effective date of the change shall be noted after the section changed; and (3) A memorandum explaining the change(s) with the change(s) or addition(s) attached shall be distributed to all personnel assigned custody of a copy of the personnel policies and procedures. (Changed October 2007) F. Employee Files: 1. The official employee files shall be located in the office of the Human Resources Officer and maintained by the Human Resources Officer. All requests for information shall be forwarded to the Mayor; in the event that a department maintains a separate employee folder, the department shall not consider the departmental folder for disciplinary purposes, and shall not use the folder for releasing official information if requested. 2. The Human Resources Officer shall maintain two separate folders for each employee: a. The active folder shall include all required information that continues to be timely; and b. The second folder shall include all medical information, including workers’ compensation insurance, drug and alcohol testing results, and inactive information transferred from the active folder. 3. Any request for information in the city's personnel files must be in writing, and must specifically state the information desired. 4. All requests to review personnel files must be approved by the Mayor. 55. All requests to review medical information must be referred to the City Attormey. 6. The City Clerk-Treasurer must be present at all times during the viewing of requested files. (Alll files reviewed and copied must be shown on the request form.) 7. Arrate of .50 per page shall be charged for copies, except that $10 shall be the maximum charge the files per employee per visit. No files except those which are copied and paid for shall leave the office of the City Clerk-Treasurer. 8 When employment references are requested, the following policy shall apply: a, Employment references shall include only employment dates. b. Salary information may be verified, but not given ©. No comments shall be made concerning the reason(s) for the person leaving city employment. (Changed October 2007)PART Il: EMPLOYMENT PROCESS A. Procedures for Filling Vacancies: 1. The procedures for filling vacancies in established positions, including newly-established positions, shall be as follows: a. Placement policy: (1) Vacancies in higher positions may be filled as far as practical by promotion from lower classes. To accomplish this, closed competition may be held when the Mayor determines there is sufficient number of qualified current employees applying for the position. (2) Appointment to an established position with the city may be made only after the Mayor has determined that the person being considered meets all qualifications prescribed in the position description for the class in which the appointment will be made. (3) This policy shall apply to current employees who request a transfer, promotion or demotion to a vacant position as well as new applicants for employment or reemployment. b. Announcement of vacant positions: (1) Internal announcements: (a) . When a vacancy occurs within the city, current employees may be notified of the vacancy by posting announcements in the city building and on the official city bulletin boards, and by such other means as the Mayor deems advisable. If announcements are posted, they shall include position title, grade, summary of duties, position qualifications, and the time limit for applying. (b) Employees who wish to apply for the position must present a completed Employment Application Form to the Human Resources Officer, thus indicating interest in the vacant position. (c) The Mayor may fill the vacancy either by promoting or transferring a current employee, or by employing a person from outside the city service. (2) External announcements: When the Mayor elects to go outside the current city service to fill vacant positions, any/all of the following procedures may apply: (a) The city's open application policy allows persons interested in employment with the city to complete Employment Application Forms at any time, regardless of whether or not vacancies exist; such completed Employment Application Forms must state the position applied for, and shall remain active for a period 7not to exceed six months (it is the applicant's sole responsibility to complete another Employment Application Form at the end of the six month period). Provided the applicant indicated the vacant position on the completed Employment Application Form, and the time limit for the Employment Application Form to remain active has not passed, the applicant will be considered for the vacant position. The Mayor may fill the position from this group of applicants. (b) If the Mayor elects to advertise the vacant positions, all announcements shall be made in a newspaper of general circulation in the city or posted on the cable access channel. All announcements shall include such information as where to apply, deadlines for application, pay ranges for the position, summary of duties of the position, and position qualifications. All written announcements of vacant position(s) shall contain the following statement: "An Equal Opportunity Employer." (©) The city may list vacancies with the local office of the Kentucky Department of Employment Services. (3) | The Employment Application Forms for all applicants who meet the qualifications for the position(s) shall be forwarded to the Mayor for appointment decisions. ©. Application for position: (1) Employment Application Forms supplied by the city and completed by applicants shall include information about the applicant's treining and experience and such additional information as required to effectively evaluate the applicant's ability to perform the duties required by the position. (2) No person may be appointed to a position unless verified information on an official Employment Application Form indicates that the person meets the qualifications for the position as set forth in the position description. (3) All Employment Application Forms must be signed and dated by the applicant. d. Certification of eligibility for position: (1) In order to be considered eligible for the vacant position, applicants must meet the necessary and desirable requirements of the position, including, but not limited to, knowledge, skills, abilities, education, and training. Applicants shall be required to submit proof of education, training and other documentation as deemed necessary. (2) The qualifications of an applicant for a position shall be ascertained on the basis of one or more of the following: (@) Information the applicant supplies on the official Employment Application Form.(b) Written, performance, or other job-related tests or examinations, and any additional job-related tests which may be required; (©) Personal interview; (4) __ Information and evaluations supplied by references given by the applicant; and (e) Other appropriate information as determined by the Mayor. (3) _ At the discretion of the Mayor, a more extensive background investigation may be conducted prior to the actual appointment of an applicant. (4) Provided that an employment offer has been extended, applicants may be required to pass a job-felated physical examination, mental examination, and/or drug and alcohol tests prior to actual employment. Such examinations shall be completed by a medical professional of the citys choice, and the city shall pay the costs for the examination, . Rejection of Applications: (1) Applications for employment may be rejected for, but not limited to, the following reasons: (@) The applicant is deficient in any/all of the requirements specified in the position description. (b) The applicant attempted fraud or deception on the Employment Application Form. (©) Unsatisfactory employment record (Changed October 2007) B. Appointing Authority: 1. The Mayors the appointing authority for al city employees. 2. The Mayor is the appointing authority for non-elected city officers, with approval of Council. Cc. Employment of Relatives: 1. The city does not prohibit the employment of relatives as long as neither of the related parties is employed in a supervisory role in which the progress, performance or welfare of the other might be directly or indirectly affected. 2. An employee may not be promoted into a position that could allow direct or indirect influence of the progress, performance or welfare of a relative. 93. __ For the purpose of this section, relative is hereby defined as spouse, parent, grandparents, grandchildren, children, brothers and sisters, and immediate in-laws (same relation to spouse as identified for employee.) Cross-reference: ‘See Code of Ethics, Appendix A (Changed October 2007)PART Ill: CONDITIONS OF EMPLOYMENT* A Probation Period: 1. All personnel initially appointed to an established position, either newly employed personnel or current employees who enter another position for any reason, shall be on probationary status for twelve months. 2. The Mayor may extend an employee's probation period up to an additional six months. 3. Any employee who has served an initial probation period and enters a new position for any reason may, without right of appeal, be reinstated to the former employee's position, transferred to another vacant position, or dismissed from the city service during the probation period. 4. _ Employees may be placed on probationary status for disciplinary reasons; the length of the probation period shall be determined by the cause for disciplinary action. 5. Probationary employees shall be evaluated at least quarterly during the probation period. (Changed October 2007) B. ransfer: 1. Any employee occupying an established position may request a transfer from one position to a comparable position by making the request through the Department Director to the Mayor, provided the employee possesses the appropriate qualifications for the position, the employee is not serving an original probationary period, and the position is vacant. 2 See Announcement of Vacant Positions, Part II.A.1.(b), for transfer procedures. C. Promotion: 1. Any employee occupying an established position may apply for promotion to a higher position by making a written request through the Department Director to the Mayor, provided the employee possesses the appropriate qualifications for the position, the employee is not serving an original probationary period, and the position is vacant. 2. Any competitive promotional ratings shall be based on merit and fitness for the position. 3. See Announcement of Vacant Positions, Part IIA.1.(b), for promotion procedures. *For additional Conditions of Employment, see Code of Ethics, Appendix A 4D. Disciplinary Action: 1. The policy of the city is to be fair and consistent in the administration of its rules, regulations and procedures, including these policies and procedures. When problems arise, emphasis is on improvement and/or correction rather than punishment. However, willful, continued, or inexcusable breaches of employment rules, regulations and procedures must be dealt with firmly in accordance with a uniform policy that applies to all employees. 2. It is the policy of the city to avoid arbitrary and capricious discipline; however, nothing contained in these policies and procedures or any other rules, regulations, procedures, or statements of policy shall be deemed to create a property right or expectation of an employee to a position of employment, or to create a “just cause" standard for disciplinary action. 3. Employees will be disciplined when they violate rules of conduct or in any way seriously impair the work of the city. Some reasons disciplinary action will be imposed include, but are not limited to: Incompetence; Inefficiency; Insubordination; Dishonesty, which shall include: (1) Deliberately making or using falsified records or materials aesp requisitions; (2) Lying; (3) Personal use of city property; (4) Theft of property; (6) Deliberate waste; (6) __ Falsifying the Employment Application Form. . Immoral or improper conduct; f. Neglect of duty, which shall include: (1) Excessive absenteeism; (2) Repeated failure to be at work station at starting time; (3) Leaving assigned work area without permission; (4) Failure to attend scheduled meeting; (6) _ Refusals to accept reasonable work assignment; (©) Stopping work before specified time; (7) Deliberate interruption of work; (8) _Loitering, loafing or sleeping on job; () Unsatisfactory work or attitude. g. Neglect or mishandling of equipment; h. Failure to keep time cards accurately or completing another employee's time card; i. Fighting or horseplay on city premises at any time j. Attempting bodily injury to another person; k. Failure to observe safety rules, including failure to immediately report to the Department Director an accident or injury occurring while at work to a person or to property in which the employee was involved; 12|. Abusive or obscene language: m. _Discourtesy to the public or fellow employees; n. Conviction of a felony or a crime involving moral turpitude, in accordance with KRS 3358; ©. — Untidy attire, tom uniforms, and other failures to maintain a clean, neat appearance; p. On-duty or offduty activities that discredit the individual or organization or cause inefficiency in performing assigned duties; a. Reporting to work under the influence of intoxicants or illeaal drugs, or using, manufacturing or distributing intoxicants or illegal drugs while on duty (including lunch time); Gambling on city premises (including lunch time); Improperly discussing or disclosing confidential information; Abuse of telephone; ‘An accumulation of minor infractions; and/or v. Failure to follow any rule, regulation, operating procedure or job requirement not specifically mentioned above. w. Failure to cooperate fully in all hearings and investigations conducted by or authorized by the city. ergs 4, When an employee fails to follow any rule, regulation, operating procedure ‘or job requirement, one of the following measures shall apply, depending upon the circumstances involved and the severity of the offense: a. Verbal warning (reprimand): (1) _ Inthe case of a minor infraction, the immediate supervisor or Department Director shall administer a verbal reprimand without rancor and explain the actions necessary to correct the problem as soon as possible after the offense. (2) The date of the reprimand, along with a description of the occurrence which prompted the reprimand, actions necessary to correct the problem, and any comments the employee may have made, shall be noted and placed in the employee's personnel file by the person giving the reprimand. (See OAG 83-114 reference Police Officers and this policy. b. Written warning: (1) Upon the occurrence of a second minor infraction, in the event that more severe initial action is warranted, or if the oral warning has not resulted in the expected improvements, the immediate supervisor or Department Director shall give the employee a written warming specifying the reason(s) for such warning and noting any previous verbal or written warnings. (2) Written warnings shall state that the employee's performance will now be reviewed on a regular basis for improvement and explain the consequences of continued infractions (3) The employee shall sign the written warning or the warning 13shall be signed by a witness; @ copy of the written waming shall be forwarded to the Human Resources Officer to be placed in the employee's personnel file. c. ‘Suspension: (1) _ After a serious violation or repeated minor violations, the immediate supervisor or Department Director shall either: (@) Suspend the employee with pay until the Mayor reviews the violation(s); and/or (b) _ Request that the Mayor suspend the employee with or without pay. The request shall include the reason(s) for the suspension and details of previous disciplinary action taken against the employee. (2) _ The Mayor may suspend an employee with or without pay for a period up to and including twenty working days, depending upon the severity of the offense; however, a maximum time limit shall not apply when an employee is suspended with pay due to an investigation of an alleged offense. (3) The suspended employee shall be notified of the suspension in writing within five working days after the time of suspension. The notice shall include the reason(s) for the suspension, and the duration of the suspension shall be given (if known). (4) Employees suspended without pay for a period of twenty working days shall forfeit fringe benefits during the period, including time off with pay benefits and the city's contribution to other benefits that require direct financial costs. d. Dismissal: (1) Employees may be dismissed when an offense is continually repeated, misconduct is committed which is serious enough to warrant discharge on the first offense, continued inefficiency, or inability to perform the duties of the position satisfactorily. (2) In the event that dismissal is warranted, the Department Director may present a written or verbal recommendation to the Mayor. The recommendation may include the reason(s) for the dismissal, details of any previous disciplinary action taken against the employee, and the recommended effective date and time of discharge. (3) Final and formal discharge of an employee shall be the responsibility of the Mayor. (4) A copy of the notification shall be placed in the employee's personnel fle. e. Demotion or transfer: 14(1) Inthe event that an employee becomes unable to perform the duties as stated in the position description, the employee may be transferred or demoted to another position in lieu of taking any disciplinary action, provided the employee meets the qualifications for the position, and the position is vacant. (2) Such actions shall be recorded in the employee's personnel file. 5. _ When the Mayor determines that proposed disciplinary action could result in dismissal, the Mayor may, in his or her sole discretion, grant the employee a pre- dismissal opportunity to respond to the proposed disciplinary action. The purpose of such an opportunity is to afford the Mayor the opportunity to further inquire irto the facts or the severity of the proposed disciplinary action, if the Mayor deems such further inquiry appropriate. It is anticipated that in many instances the Mayor will grant the employee the ‘opportunity to respond. The Mayor may conduct further inquiry with such formality or informality as the Mayor deems necessary including, for example, allowing the employee to file a written explanation or defense, allowing the presence of counsel, calling witness, etc, 6. . Any employee who feels, unjustly disciplined may appeal the disciplinary action through the city's grievance procedure. 7. _ Onadvice of counsel, and unless otherwise bound by a decision of a Court or competent jurisdiction, it is the position of the city that KRS 15.520 does not confer substantive, (including property), rights upon swom police officers. To the extent that KRS 15.520 is deemed applicable in disciplinary actions against police officers, that statute and, of course, all other statutory and constitutional requirements shall be followed. 8 KRS 15,520, the so called Police Officers’ Bill of Rights, has been the subject of much disagreement and some litigation as to whether, and to what extent, it applies in disciplinary proceedings against police officers. That, where applicable, KRS 15.520, like any statute, must be complied with as best as the city is able and that vague and ambiguous provisions should be interpreted as nearly as possible to effectuate the intent of the Kentucky General Assembly. However, the city, unless specifically overruled by the Kentucky General Assembly, or a Court of competent jurisdiction, rejects the notion that the procedures contained in KRS 15.520 are intended to insulate a police officer from disciplinary action regardless of the severity of his or her misconduct. In other words, unless otherwise ordered, the city does not deem a technical violation of KRS 15.520 by the city to constitute grounds for mitigation or reduction of appropriate discipline unless the police officer is substantially prejudiced as a result of the violation. 9. It is the policy of the city, unless superseded by statute or decision of a Court of competent jurisdiction, to hold sworn police officers to a higher standard of behavior and conduct than that which might be expected from non-police employees. The reasons for this higher standard include the following: a. — Swom police officers, by virtue of their constitutional oath of office and with probable cause to believe a crime has been committed, are empowered to deprive citizens of their rights of freedom and are authorized to use such force, including 15deadly force, as is necessary to exercise those powers. The rights to search, arrest, and use deadly force carry with them additional obligations of moral and civic responsibility. b. Courts have imposed serious ramifications on police officers and their municipal employers where abuses of authority or failure in supervision have occurred. No other city employee is generally in the position to expose the city's coffers (made up of tax revenues from its citizens) to monetary damages, as a result of misconduct as is a police officer. c. The residents of the City of West Buechel expect that the individuals who are vested with the authority and responsibility to enforce the criminal laws of this Commonwealth will set themselves up as a standard to emulate. Protecting the lives, health and safety of our community is a special calling involving special obligations. d. The city and its residents are proud of their swom police officers and will expect these officers to conduct themselves, on and off duty, so as to justify that pride. (Changed October 2007) E. Resignations: 1. An employee who resigns from employment with the city should inform the Department Director of the intended resignation as soon as possible after the decision to resign is made. The notice should be in writing, and should include the effective date of the resignation. Unless approved in advance, failure to give at least two weeks notice may be cause for denying future employment with the city. 2. An employee's resignation and its attendant reasons, if noted, shall be recorded in the employee's personnel file. 3. Any employee who is absent from work for five (5) consecutive days without notifying the Department Director of the reason for the absence will be considered to have abandoned the job and will be terminated from employment with the city. (Changed October 2007) F Reduction in Force: 1, The city may lay off an employee or employees because of lack of work or funds. The order of layoff shall be determined by the needs of the city. In the event that there are two or more employees in a class affected by layoff, the order of layoff shall be determined by merit, then previous evaluations, then longevity. 2. Temporary, seasonal and probationary employees shall be laid off before ‘employees occupying established positions within the classes affected by the layoff. 3. Employees occupying established positions shall be notified of the intended layoff in writing at least two weeks prior to the effective date of the layoff. The notice shall explain the reason(s) for the layoff, and duration of the layoff shalll be given (if known). A copy of the notice shall be placed in the employee's personnel file. 164, Employees occupying established positions that are laid off and subsequently recalled to any established position within the city shall be entitled to any unused sick leave. 5. An employee who has a satisfactory record of service, and is either laid off ‘or subject to layoff, shall be eligible for reemployment or continued employment in another position (including a lower position), providing that the employee meets the qualifications for the position and that the position is vacant. In the event that an employee accepts a lower position in lieu of layoff, the employee's pay shall not exceed the maximum pay range for the lower position. (Changed October 2007) G. — Reemployment: The official employment date of an employee who resigns and is re-employed shall be the latest date of employment. (Changed October 2007) H. Loss of Job Requirements: Any employee who is unable to perform the duties and requirements of the employee's position because of loss of a necessary license or other requirement may be separated from the city service at the discretion of the Mayor. |. Mandatory Retirement Age: The city does not have a mandatory retirement age. J. Examinations: 1. If there is reasonable cause to believe that it is warranted, the Mayor may require any employee to submit to a physical or mental examination by a medical professional selected by the city to insure competency to complete assigned duties and responsibilities. 2. The city shall pay the costs (including necessary travel costs) for all required examinations. (Changed October 2007) K. Political Activity: 1. City employees shall neither engage in political activity during the employee's assigned duty hours nor engage in political activity while wearing uniforms issued by the city and identifying the city as the employer. 2. No employee shall be required to contribute to or campaign for any candidate as a condition of employment or continued employment. (Changed October 2007) 17L. Qutside Employment: 1. Outside employment is defined as any paid employment performed by an employee in addition to employment with the city. 2. All employees desiring to perform outside employment shall first forward a written request through the Department Director to the Mayor. The request shall state the type of employment, hours of work, name of prospective employer, and place of prospective employment. 3. Upon the recommendation of the Department Director, the Mayor may grant the request, provided the following criteria are met: a. Such employment shall not: (1) Interfere with the performance of the employee's duties; (2) Involve a conflict of interest or conflict with the employee's duties; (3) _ Involve the performance of duties which the worker should perform as part of employment with the city; or (4) Occur during the employee's regular or assigned working hours unless the worker is on annual leave, compensatory leave, or leave without pay. b. The employee shall make arrangements with outside employer to be relieved of duties in the event the employee is called for emergency service by the city. 4. Outside employment policy for sworn police personnel is included in the department's operating policies and procedures. Cross-reference: See Code of Ethics, Appendix A (Changed October 2007) M. Use of Gity-Owned Property, Equipment and Vehicles: 4. Property and equipment: a, _City-owned property and/or equipment are to be used by employees of the city and for purposes which relate to city business. No person is to use city property or equipment for private or personal purposes. b. _ No person is to use or attempt to use the city’s resources, discounts, tax-exempt status or personnel for personal gain. c. Any person found to have benefited personally from the use of city resources will be required to reimburse the city in the amount of the financial benefit 18received 2. City vehicles: a. A mileage log will be kept in each city-owned vehicle. Any person authorized to drive a city vehicle will be required to note the mileage at the beginning and end of using the vehicle, and will note the destination during each usage. b. Gasoline will be purchases on the city credit card pursuant to the procedures set forth under credit card usage. (Ord. No, 215-2007, passed 7-3-07) 2. Any employee operating or responsible for the operation of a city vehicle or other equipment shall comply with the city's policy on the operation of vehicles and equipment. Cross-reference: See Code of Ethics, Appendix A See Police Department Operating Policies and Procedures for policy regarding operation of police vehicles N. — Seat-Belt Policy: The driver and all passengers shall wear seat belts while traveling in a city-owned vehicle. Failure to comply with this policy shall be cause for disciplinary action. (Added October 2007) O. Employee Evaluations: 1. All employees occupying established positions shall be evaluated at least annually on an evaluation form approved by the Mayor, except that probationary employees shall be evaluated at least quarterly during the probationary period. 2. _ Evaluations shall be conducted by the Department Director and reviewed by the Mayor. The Department Director shall review the evaluation with the employee being evaluated; any employee who disagrees with the evaluation may complete a written rebuttal within ten days after the review, which shall be attached to the evaluation form. 3. The evaluation shall be used to inform employees of how well they are performing their assigned work and how they can improve performance. In addition, the evaluation may be used in determining the order of layoff, as a basis for training, promotion, demotion, transfer or dismissal, and for other purposes as set forth in these policies and procedures. 4. Accopy of the evaluation shall be placed in the employee's personnel fle. P. Workplace Harassment (Including Sexual Harassment) and Discrimination: 1. The city (the employer) is responsible for creating and maintaining a 19working environment free of discrimination and harassment, including sexual harassment. This responsibility requires positive (affirmative) action where necessary to eliminate such practices or remedy their effects. The employer is responsible for providing education and training programs for all employees (especially for managers and supervisors) concerning discrimination, harassment, sexual harassment, and diversity. 2, Managers and supervisors are responsible for creating and maintaining a work environment free of discrimination and harassment (including sexual harassment), promptly investigating complaints of discrimination and harassment, and taking corrective action to prevent prohibited conduct from reoccurring. 3. Employees are responsible for respecting the rights of their co-workers and avoiding discriminatory or harassing actions, including sexually harassing conduct. 4, These policies apply to all officers and employees of the city and all person(s) outside employment with the city who interact with its officers and employees The present state of law suggests that all harassment, including sexual harassment, is based on the views and reactions of the person toward whom the conduct is directed, not those of the person who is accused of harassment. That the offending party did not intend to commit harassment or sexual harassment, or do not believe that he or she was harassing the other person, may be no excuse for the illegal conduct. 5. Harassment: a. Harassment is conduct that has the purpose or effect of creating an intimidating, hostile or offensive working environment, has the purpose of unreasonably interfering with an individual's work performance, or otherwise adversely affects an individual's employment opportunities. b. The policy of the city prohibits harassment of one employee by another employee or supervisor. Prohibited conduct includes, but is not limited to, epithets, slurs, negative stereotyping, innuendoes, jokes, disparaging remarks, verbal conduct consisting of crude or vulgar language, inquiries and disclosures, and offensive verbal comments and commentary, or threatening, intimidating, or hostile acts, written or graphic material that denigrates or shows hostility or aversion that is on the employer's premises or circulated in the workplace. 6. ‘Sexual harassment: a. The city prohibits sexual harassment of one employee by another employee or supervisor. Acts of sexual harassment include, but are not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature when (1) submission to such is made, either explicitly or implicitly, a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. 20b. A special responsibility falls upon managers and supervisors who are responsible for their actions and the actions of their subordinates. In addition to the policy guidance above for all employees, all employees, especially managers and supervisors, should refrain from touching or intruding in the personal space of another (generally defined in our culture as two to three feet), sexual innuendoes or jokes, disparaging remarks, verbal conduct consisting of crude or vulgar language of a sexual nature, and inquiries or disclosures of sexual habits or proclivities, sexist remarks, repeated offensive sexual flitations, advances, propositions, and repeated verbal commentaries and ‘sexually suggestive conduct. All employees, especially managers and supervisors, shall assume that all such behavior listed in this paragraph is unwelcome at any, every, each, and all times unless express explicit verbal or written permission is granted for such behavior on each separate occasion. The fact that such permission has been granted once does not mean that such behavior may ever be permitted again. 7. Discrimination means any direct or indirect act or practice of exclusion, distinction, restriction, segregation, limitation, refusal, denial, or any other act or practices of differentiation or preference in the treatment of a person or persons, or the aiding, abetting, inciting, coercing, or compelling thereof made unlawful by the federal or state statutes. 8. Retaliation: a. __Disciplining, changing work assignments, providing inaccurate work information, or refusing to cooperate or discuss work-related matters with any employee because that employee has complained about or resisted discrimination or harassment (including sexual harassment) is prohibited. b. Any officer or employee who believes he/she is a victim of discrimination or harassment (including sexual harassment) shall immediately report such directly to the Mayor or directly to the City Attorney if the grievance is against the Mayor. Any person(s) outside employment with the city who feel(s) aggrieved by an act of discrimination or harassment (including sexual harassment) shall immediately file a grievance as set forth in the Grievance Procedure section of these policies and procedures. All charges of discrimination or harassment, including sexual harassment, will be investigated as soon as practical; the office or person who receives the grievance shall inform the aggrieved individual of the findings. ¢. Subsequent to exhausting all such administrative remedies as may be available to the staff member or other employee by law and upon a finding of a violation of this policy, the offender will be subject to strongest disciplinary action as may be Justified, including termination of employment under the circumstances. Cross-reference: See Grievance Procedure, Appendix B (Changed October 2007) Q. Employee Handbook: ‘The Human Resources Officer shall insure that a copy of the Employee Handbook 21is prepared and distributed to all employees occupying established posi Handbook shall include a condensed version of these policies and procedures, and is meant to provide employees with a ready-reference on employment policies, procedures, practices and benefits. (Added October 2007) R. Inclement Weather Policy: 1. The city is responsible for providing essential services, regardless of weather conditions. Some employees, as determined by the Mayor or designee, may be required to report to work as scheduled, even in the event of weather conditions in which travel to and from work is difficult. The Mayor or designee shall have the authority to require sufficient employees to report to work in order to meet essential services. 2. Where individual circumstances exist, such as longer than average distance of travel to and from the work place, the employee may exercise personal judgment in not reporting to work, provided that the immediate supervisor is notified prior to the scheduled time to report to work, This time off will be charged at the discretion of the employee against annual leave or leave without pay. (Added October 2007) S. Computer, Information Systems and Electronic Mail Policy: 1. This policy sets forth the city’s policy on use of computers, information systems and disclosure of electronic mail messages sent or received by employees. This policy may be changed at any time. 2. Computers, computer files, the e-mail system, facsimile machines and software furnished to employees are property of the city and intended for business use. Employees should not use a password, access a file, or retrieve any stored communication without authorization. 3. The electronic mail and other information systems including facsimile machines of the city are not to be used in a way that may be disruptive, offensive to others, or harmful to morale. 4. There is to be no display or transmission of sexually explicit images, messages, or cartoons, or any transmission or use of e-mail communications that contain ethnic slurs, racial epithets, or anything that may be construed as harassment or disparagement of others based on their race, national origin, ethnicity, sex, sexual orientation, age, disability, or religious or political beliefs. 5. The city purchases and licenses the use of various computer software for business purposes and does not own the copyright to this software or its related documentation. Unless authorized by the software developer, the employer does not have the right to produce such software for use on more than one computer. 6. _ The computers, facsimiles and e-mail system should not be used to solicit or proselytize others for commercial ventures, religious or political causes, outside organizations, or other non-job-related solicitations. 227. All computer files, facsimiles and e-mail messages are records of the city, and the city reserves the right to access and disclose all computer files and messages sent over its electronic systems for any purpose except where legally prohibited, 8. For privacy reasons, employees should not attempt to gain access to another employee's computer files and/or e-mail messages without the employee's express permission. However, the city reserves the right to enter an employee's computer or e-mail files if to do so would protect or serve the best interest of the city. 9. Employees should notify their immediate supervisor or any member of management upon learning of violations of this policy. Employees who violate this policy will be subject to disciplinary action, up to and including termination of employment. (Added October 2007) T. Violence in the Workplace: 1. Threats, threatening and/or abusive behavior, or acts of violence against employees, customers, visitors, or other individuals by anyone on city property will not be tolerated. Any person who makes threats, exhibits threatening behavior, or engages in violent acts on city premises shall be removed from the premises as quickly as safety permits, and shall remain off city premises pending the outcome of an investigation. Upon completion of the investigation, the Mayor will initiate an immediate and appropriate response that may include, but not be limited to, suspension and/or termination of any business relationship, reassignment of job duties, suspension or termination of ‘employment, and/or criminal prosecution of the person or persons involved. 2. _ Employees are responsible for notifying the Department Director or Mayor of any threats they witness or receive, or that they are told another person witnessed or received, Even without a specific threat, employees should report any behavior they have witnessed that they regard potentially threatening or violent or which could endanger the health or safety of an employee when the behavior has been carried out on city premises or is connected to city employment or business. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threatening behavior and the person or persons being threatened. 3. Every attempt will be made to maintain the anonymity of the reporting employee. However, the information may be reported to a law enforcement agency or other governmental agencies, so strict confidentiality cannot be guaranteed. (Added October 2007) U. — Weapons in the Workplace: 4. With the exception of swom members of the Police Department, employees are prohibited from carrying, possessing or storing a deadly weapon while on-duty, or upon city property, including vehicles and equipment owned or controlled by the city while on-duty or off-duty. z Deadly weapon shall mean: a. Any weapon from which a shot, readily capable of producing death 23or other serious physical injury, may be discharged. b. Any knife, except an ordinary pocketknife or other knife routinely used in the performance of city duties. c, Other weapons including billy, nightstick or club; blackjack or slapjack; nunchaku karate sticks; shuriken or death star; artificial knuckles made from metal, plastic or other similar hard material. (Added October 2007) V. Bloodborne Pathogens Exposure Protection Plan: For the city’s exposure protection plan, see Appendix C. W. — Drug-Free Workplace Policy: For the city’s drug-free workplace policy, see Appendix D. X. Drug and Alcohol Testing Policy: For the city’s drug and alcohol testing policy, see Appendix E. Y. Temporary Limited Duty Policy: For the city’s temporary limited duty policy, see Appendix F. 242. _ Whenever the duties of a position so change that no appropriate class for it exists, the Human Resources Officer shall prepare an appropriate position description for the position and submit it for reclassification to the new class, 3. Reclassification of a position may not be used to avoid a restriction concerning demotion, promotion, or compensation. 4. When creating a new class, the format of existing specifications shall be maintained, including all required sections, 5. All classification changes shall be made by an amending ordinance upon the Mayor's recommendation and approval by the Council. (Changed October 2007) E. Categories of Employment: he All employees of the city shall be classified full-time, part-time, temporary or ‘seasonal, or assigned; definitions of each follow: a. Fulltime employee: An employee who works 40 hours or more per week on a regularly scheduled basis in a position established by Council; employees in a fulltime position established by Council shall receive all benefits provided by the city. b. _Parttime employee: An employee who works less than 40 hours per week, but on a regularly scheduled basis in a position established by Council; part-time employees do not receive any benefits from the city except those required by federal or state laws/administrative regulations. ©. Temporary or seasonal employee: An employee who works in a position which is temporary or seasonal. Temporary employees may work any number of hours per week, but are expected to work for a specific period of time. Temporary employees do not receive any benefits from the city except those required by federal or state laws/administrative regulations. d. _ Assigned employee: An employee made available to the city by another agency. Employees assigned to the city by another agency may work any number of hours per week, but are expected to work for a specific period of time. Assigned employees do not receive any benefits from the city except those required by federal or state laws/administrative regulations. 2. Only fulltime or part-time employees may occupy established positions. (Changed October 2007) 262. _ Whenever the duties of a position so change that no appropriate class for it exists, the Human Resources Officer shall prepare an appropriate position description for the position and submit it for reclassification to the new class, 3. Reclassification of a position may not be used to avoid a restriction concerning demotion, promotion, or compensation. 4. When creating a new class, the format of existing specifications shall be maintained, including all required sections, 5. All classification changes shall be made by an amending ordinance upon the Mayor's recommendation and approval by the Council. (Changed October 2007) E. Categories of Employment: he All employees of the city shall be classified full-time, part-time, temporary or ‘seasonal, or assigned; definitions of each follow: a. Fulltime employee: An employee who works 40 hours or more per week on a regularly scheduled basis in a position established by Council; employees in a fulltime position established by Council shall receive all benefits provided by the city. b. _Parttime employee: An employee who works less than 40 hours per week, but on a regularly scheduled basis in a position established by Council; part-time employees do not receive any benefits from the city except those required by federal or state laws/administrative regulations. ©. Temporary or seasonal employee: An employee who works in a position which is temporary or seasonal. Temporary employees may work any number of hours per week, but are expected to work for a specific period of time. Temporary employees do not receive any benefits from the city except those required by federal or state laws/administrative regulations. d. _ Assigned employee: An employee made available to the city by another agency. Employees assigned to the city by another agency may work any number of hours per week, but are expected to work for a specific period of time. Assigned employees do not receive any benefits from the city except those required by federal or state laws/administrative regulations. 2. Only fulltime or part-time employees may occupy established positions. (Changed October 2007) 26PART V: COMPENSATION PLAN A. Pay Ranges: A pay plan shall prescribe for each class a minimum and maximum rate of pay. Employees occupying positions assigned to each class shall be compensated at a rate no less than the minimum amount and no more than the maximum amount of the pay grade to which the class is assigned, except that probationary employees may be paid an amount below the minimum rate of pay during the probation period. (Changed October 2007) B. Work Schedule: 1. Each employee shall work according to a schedule of hours determined by the Department Director. 2. Flexible hours may be scheduled if recommended by the Department Director and approved by the Mayor. C. Overtime: 1. In order to determine whether an employee will receive overtime pay for hours worked in excess of 40 hours per week, each class shall be declared “exempt” or “non-exempt” in accordance with the provisions of federal and state wage and hour laws; the designation shall be placed on each position description. Employees in exempt classes shall not receive overtime pay; employees in non-exempt classes shall receive overtime pay at the rate of one and one-half times the regular hourly wages for actual hours worked in excess of 40 hours in any work week. However, non-exempt employees may be required to take time off during the same workweek to avoid overtime hours. = Overtime pay will be granted for actual hours worked; time off with pay will not be considered as hours worked for overtime pay purposes. 3. Overtime work shall be approved in advance by the employee's Department Director whenever possible, and shall be kept at the minimum consistent with maintenance of essential services and the city's financial resources. (Changed October 2007) D. Workweek: 1. The official workweek shall begin and end on Sunday at 7:00 A.M. 2. The city may change the official workweek at any time, but not to avoid overtime requirements. (Changed October 2007) 27EB Hours of Work: 1. The established workweek for all full-time employees shall be 40 hours, exclusive of lunch, except that police officers shall be on duty during the lunch break, which is included in the 40 hours worked. 2. Insofar as practical, the scheduling of hours shall be uniform within occupational groups and shall meet the reasonable needs of the public who may do business with various city departments. The Department Director, with the approval of the Mayor, shall establish the work schedule for each department. (Changed October 2007) F. Time Sheets 4. Each Department Director shall forward time sheets to the Human Resources Officer at the end of each pay period. The time sheets shall (1) indicate actual hours worked each day, (2) identify reason(s) for any absences from work during the regularly scheduled work hours for the pay period, and (3) explain excessive overtime worked. 2. The time sheets shall be signed by the employee and initialed by the Department Director. G. Periodic Review: 1. The Human Resources Officer shall conduct the following on a regularly scheduled basis: a. Compare the salary rates, compensation policies, and employee benefits of the city with those of other employers in the labor market area; b. Analyze fluctuations in the cost of living; and c. Examine the salary range for each class in the classification plan to ascertain whether minimum and maximum salaries should be raised or lowered for a particular class or classes; and 2. _ Upon the basis of the comparison, analysis and examination, the Human Resources Officer shall recommend any necessary changes to the Mayor. 3. All changes must be made by an amending ordinance, provided the Mayor recommends and the Council approves the changes by ordinance. H. Implications of Personnel Actions: 1. Reclassification of an employee's position from one class to another of comparable pay range shall effect no change in salary for the employee. 2. Anemployee whose position is reclassified from one class to a higher class 28shall enter the higher class at its minimum salary. If the minimum is lower than, or the same as, the employee's salary at the time of the reclassification, the employee shall retain at least the present salary. 3, An employee whose position is reclassified from one class to a lower class shall: a. _ Retain that salary if the employee's salary at the effective date of the reclassification does not exceed the maximum salary for the position of the lower class; or b. Receive only the maximum if the employee's salary exceeds the maximum. 4. Whenever a recommendation that a position be reclassified to a class that requires @ higher salary is presented to the City Council, an estimate of the financial implications shall accompany the recommendation, 5. fan employee enters a higher class by promotion, the salary in the higher class shall be the minimum salary for that class unless the minimum is lower than, or the same as, the salary at the time of promotion. All promotions shall result in an increase in salary of at least five percent for the employee being promoted. 6. __ If an employee is demoted, the employee shall be paid no more than the maximum amount in the grade to which the employee's new class is assigned. 7. When an employee transfers from a position in one class to a position in an equivalent class, the transfer shall effect no change in rate of pay. 1 Minimum Salary: Newly employed personnel occupying established full-time positions shall receive the minimum salary for the class to which the position is allocated; however, appointments may be made at a salary above the minimum for a class if difficulty is experienced in filing the position or if necessary to hire exceptionally qualified personnel. Documented justification for either instance shall be required prior to the actual appointment. (Changed October 2007) J. Salary Increases: The annual budget may include salary increases effective July 1 for the budget year, individual adjustments may be made during the year as necessary, subject to availability of revenues in the current budget. 29PART VI: BENEFITS. A. Holidays: 1. The following days are declared paid holidays at the regular rate of pay for all employees occupying fulltime established positions: The first day of January (New Year's Day); The third Monday in January (M. L. King, Jr., Birthday; The Friday before Easter Sunday (Good Friday); The last Monday in May (Memorial Day); The fourth day of July (Independence Day); The first Monday in September (Labor Day); The fourth Thursday in Novernber (Thanksgiving Day); The Friday following Thanksgiving Day); he twenty-fourth day of December (Christmas Eve); and The twenty-fifth day of December (Christmas Day) vrzemeaogD 2. In addition to the above, any day may be designated as a holiday by proctamation of the Council 3. When a holiday falls on Saturday, the preceding business day shall be considered the holiday; when a holiday falls on Sunday, the following business day shall be considered the holiday. 4, Except in emergency situations, employees must work the last scheduled day before and the first scheduled day after a holiday in order to be paid for a holiday unless the absence(s) is/are approved in advance. 5. _ Employees in established positions who work on a holiday shall receive holiday pay in addition to pay for regular hours worked. 6. The above listed holidays shall be deemed as days off without pay for part- time, temporary, and seasonal employees. (Changed October 2007) B. Vacation (Annual Leave): 1. All employees occupying full-time established positions shall be granted annual leave with full pay at the current rate of pay when the vacation leave is taken. 2. Employees assigned to positions established by the City Council shall accrue vacation leave as follows: a. First through fifth year - two weeks per year; b. Sixth through fifteenth year - three weeks per year, 3c. Sixteenth year and over - four weeks per year. 3. Vacation leave shall be credited to each employee on January 1 each year and taken during the calendar year in which itis credited, except that up to two weeks of unused vacation leave may be carried forward into the next calendar year. 4, _ Newly employed personnel shall receive vacation leave credit on January 1 on a pro rated basis. (For example, an employee who begins working on July 1 shall receive credit for fifty percent of the first year’s total amount accrued on the following January 1; since vacation leave may not be taken during the first year of employment, an employee may be allowed to take the pro rated amount of vacation leave between the July 1 and January 1 following satisfactory completion of one year service.) 5. Vacation leave may not be taken by employees serving an original probation period unless approved in advance by the Mayor; current employees on probation as a result of entering a new class by any means (promotion, demotion, transfer, etc.) may take accrued vacation leave during the probation period. 6. Vacation leave requests shall be submitted to the Department Director as far in advance as possible (one month is preferred, but vacation leave may be scheduled up to and including one year in advance). In the event that two or more employees in the same Department request vacation leave at the same time, preference shall be determined by length of service with the city. However, length of service does not prevail after vacation leave has been approved for the employee 7. Vacation leave may be disapproved if the employee's services are needed at the time vacation leave is requested. 8. After successful completion of the original probation period, any employee who terminates employment with the city shall be compensated for all credited but unused vacation leave. 9. Payment for vacation leave in lieu of time off shall not be granted. 10. The Human Resources Officer shall insure that records are kept for vacation leave allowance, vacation leave taken, and the current amount credited for each employee. 11. Employees on leave without pay status for more than one-half the month shall not accrue vacation leave credit for that month, (Changed October 2007) 6 k Leave: 1. All employees occupying fulltime established positions shall receive sick leave credit at the rate of eight (8) hours sick leave following each completed month of service; sick leave may be accrued up to a maximum of 1040 hours. 2. For accrual purposes, a new employee who reports for work on or before 32the 15th of any month shall accrue the full amount for that month; if employed on or after ‘the 16th of any month, new employee shall begin accruing sick leave the beginning of the following month. Employees on leave without pay status for more than one-half the month ‘shall not accrue sick leave for that month. 3. Provided that the original probation period has been completed, sick leave credit may be utilized by employees when they are unable to perform assigned duties because of non-job related sickness or injury, when they are quarantined, or when their absence from work is required due to sickness in the immediate family (a dependent as evidenced on Internal Revenue Service purposes). All foreseeable leave for such purposes shall require prior approval of the Department Director. 4. An employee absent on sick leave for four (4) or more days shall be required to furnish a medical professional's statement of the reason for the absence, except when scheduled in advance. 5. When an employee takes sick leave, the employee's Department Director shall be informed of the fact and the reason thereof as soon as possible; failure to do so by the scheduled time to begin work during the first day of absence may be cause for denial of leave with pay for the period of absence. 6. After accrued sick leave has been exhausted, vacation leave may be used up to the amount accrued. After all accrued sick and vacation leave has been exhausted, the employee shall submit a written request through the Department Director to the Mayor requesting time off without pay. Provided that the Mayor approves the request, the remaining time off shall be without pay. 7. Employees who separate from city employment shall not be compensated for accrued but unused sick leave, except that accrued sick leave may, at the expense of the city, be applied to the employee's CERS retirement, provided the employee participates in CERS benefits immediately upon termination of employment with the city. 8 When a former employee is reinstated, the Mayor shall determine whether the person shall receive any unused sick leave credit from the previous employment period 9. The Human Resources Officer shall insure that current and accurate records are kept for sick leave allowance, sick leave taken, and sick leave accrued for each employee 10. Sick leave taken shall be limited to the current amount accrued unless ‘approved in advance by the Mayor. (Changed October 2007) D. Disability Leave: 4. Any personal injury that occurs in the course of employment shall be reported to the employee's supervisor immediately; the report shall be made no later than 24 hours after the injury is sustained. 332. Any employee who suffers injury or illness as a result of service-connected accident or illness shall be compensated at the negotiated rate with the workers’ compensation insurance company. a. Employees may use sick leave, then vacation leave during the absence until the workers’ compensation insurance becomes effective (generally on and after the 8" day), after which time compensation shall be limited to the amount received from the workers’ compensation insurance company. b. If an employee is absent from work for more than fourteen (14) calendar days and the workers’ compensation insurance pays retroactive to the first day absent, the employee shall reimburse the city for payment received for the first seven (7) days, at which time the city will reimburse the employee any sick leave and vacation leave hours used for the first seven days. c. If the employee does not have sick or vacation leave accrued to cover the first seven (7) calendar days, the employee shall forward a written communication to the Mayor requesting time off without pay during the absence. 3. _ The city will continue to pay the employer portion of health insurance costs during the first six months an employee is on disability leave. After six months, the employee shall be responsible for paying total costs (including the employer's share) for hisfher health insurance benefits. Payments shall be made prior to the month the insurance is effective in order for the insurance to remain in effect. 4. ‘While on disability leave status, vacation leave and sick leave that would have been accrued will be placed in escrow during the first six months of absence; the benefits will not be accrued after six months of absence. Provided the employee returns to work following the disability leave, the vacation leave and sick leave placed in escrow will be credited to the employee. (Changed October 2007) E. Family and Medical Leave: The federal family and medical leave act applies to employees in organizations with fifty (60) or more employees; since the city dees not have fifty (50) or more employees, the act does not apply to employees of the city. (Added October 2007) BE Maternity Leave: 1. Maternity leave may be granted for employees with temporary disability due to pregnancy, childbirth, or any impairment thereof, and miscarriages for a period not to exceed three calendar months. An additional period may be granted if required by a medical professional. 2. The employee may use any accrued sick leave, then accrued vacation leave, and the remaining period will be time off without pay. 34G. Bereavement (Funeral) Leave: 1. Employees occupying established positions may be granted up to three continuous days off without loss of pay in case of death in the immediate family. For the purposes of this section, immediate family shall be defined as spouse, child, parent, grandparent, brother, sister, or immediate in-laws (same relation to spouse as defined for the employee.) 2. All requests for funeral leave must be approved in advance by the Mayor in order for the employee to receive time off with pay. (Changed October 2007) H. Special Leave: 1, The Department Director may authorize up to five working days leave without pay for purpose(s) deemed beneficial to the city service. 2. The Mayor may authorize leave of absence without pay for employees in established positions for a period not to exceed thirty calendar days in any calendar year for any purpose(s) that are deemed beneficial to the city service. 3. Upon the recommendation of the Mayor and approval of the Council, special leaves of absence with or without pay may be granted for employees in established positions for any period or periods for purpose(s) deemed beneficial to the city service. (Changed October 2007) |. Leave of Absence without Pay: 1. Provided that an employee submits a written request for leave without pay through the Department Director to the Mayor, the Mayor may grant leave without pay, provided it does not adversely affect the interests of the city. 2. While on leave without pay, sick leave, vacation leave, and credit toward longevity and/or merit increases shall not be earned. In addition, the employee shall be responsible for the total insurance costs during the period of absence, payable before the beginning of the month for the month to be covered. 3. While on authorized leave without pay, any employee who obtains employment elsewhere, either full-time or part-time, shall notify the Department Director in writing within three days of accepting such employment. 4. Anemployee granted leave without pay who wishes to return to work before the end of the leave period must submit a written request fo the Department Director two weeks in advance of the date desired to return to work. The employee may be permitted to return to work at the discretion of the Department Director. 5. Failure to return to work at the end of approved leave without pay shall be considered as absent without leave and grounds for disciplinary action. 35,6. Upon returning to work following leave without pay, an employee shall be assigned to the same class or equivalent class occupied at the time the period of absence was approved. (Changed October 2007) J. Absence without Leave: Regardless of the length of time, the absence of an employee from duty that is not authorized by the Department Director shall be deemed as absent without pay and shall be cause for disciplinary action. Cross-reference: See Resignations, Part IIlE.3. (Changed October 2007) K. Military Leave: 4. Any employee occupying an established position who is a member of the National Guard or any reserve component of the Armed Forces of the United States, or of the Reserve Corps of the United States Public Health Service, snall be entitled to leave of absence from their respective duties without loss of time, pay, regular leave, impairment of efficiency reassign, or of any other rights or benefits to which they are entitled, while in the performance of duty or training in the service of this state or of the United States under competent orders, for a period in any calendar year not to exceed that specified in this section. In any one (1) federal fiscal year, any employee, while on military leave, shall be paid his/her salaries or compensations for a period or periods not exceeding twenty-one (21) calendar days. Any unused military leave in a federal fiscal year shall be carried over to the next year. Any unused military leave shall expire two (2) years after it has accrued. (KRS 61.394; KRS 61.396). 2. — Awritten request for military leave, along with a copy of the training orders, must be submitted at least two weeks before the effective date of the leave. 3. Leave for training other than annual mandatory training must (1) be arranged by employees for non-working days; or (2) be deducted from accrued vacation leave; or (3) be classified as leave without pay (if approved in advance by the Mayor). 4. Inthe event an employee is called to active military duty, the provisions of federal law shall apply. (Changed October 2007) he Jury Duty: 1. When an employee is required to serve on a jury, the employee shall be compensated at the normal rate of pay while serving on jury duty; however, any compensation the employee receives from the Court while serving on jury duty shall be turned over to the city treasury. Employees serving on jury duty shall be absent from work only during the times required by the court. 362. Employees required to appear in court as a witness in a job-related incident ‘shall be compensated at the normal rate during the time absent from work as required by the court; employees summoned as a plaintiff or defendant in a proceeding involving or arising from outside employment or personal business shall not be entitled to leave with pay, but may use accrued vacation leave during the absence. 3. This section shall apply to police personnel, except when police personnel are attending court in line of duty. M. Insurance: 1. Health Insurance (see City Clerk-Treasurer for details): a. The city provides health insurance to all employees occupying full time established positions, including probationary employees. The city pays total costs for employee coverage; employees may elect to take additional coverage by paying the total costs for the additional coverage. b. Employees who do not participate in the plan shall not receive compensation or added benefits in lieu of the benefit. c. Employees in established parttime positions may take advantage of the insurance by paying the entire premium. d. Participants in the health insurance plan who plan to terminate ‘employment with the city are encouraged to see the Human Resources Officer regarding options for short-term continuous coverage. 2. Life Insurance (see City Clerk-Treasurer for details): Group term life insurance is included in the health insurance policy. 3. Workers’ Compensation Insurance: The city pays total costs for all employees. 4. _ Unemployment Insurance: The city pays total costs for all employees. (Changed October 2007) N. Retirement: 1. The city provides a retirement program through the County Employees Refirement System (CERS). All qualifying employees and the city contribute amounts at the rate determined by CERS. a. Following the actions of the 1998 General Assembly, employees may now be re-employed by the city after retirement (KRS 61.515 to 61.705, KRS 16.510 to 16.552, and KRS 78.250to 78.852). (1) Employees shall not be re-employed in a different position by the city for a period of one (1) month following retirement. Employees shall not be re- 37employed in the same position for a period of six (6) months. (2) In the event that a retired employee under age 65 is considered for re-employment in any capacity, a copy of the employee's former job description and a job description for the new classification shall be submitted for review by CERS to determine whether or not the former employee may be re-employed without jeopardizing the employee's retirement. (3) Any proposed contract with a former employee who has retired shall be reviewed by CERS to determine whether or not the former employee's retirement would be jeopardized by the implementation of such contract (4) The employment application of any former employee who has retired from the city shall be treated as a new application in all respects. 2. Social Security: The city and its employees contribute amounts at the rate determined by Congress. (Changed October 2007) O. Travel Reimbursement: 1. Ifa city employee is authorized by the Mayor to travel out of own on city business, the city will pay a per diem of fifty dollars ($50.00) for each day or portion of a day, in excess of six (6) hours, for food and incidental expenses incurred by the employee if the travel is within the state of Kentucky. If the travel is outside the state, the per diem will be seventy-five dollars ($75.00) per day. 2. An employee may request the per diem in advance upon appropriate notification to the Mayor of the number of days the employee will be out of town. If the employee does not stay the number of days for which a per diem expense check was written, reimbursement to the city will be required within five (5) days of the employee's return. If the travel extends for additional days beyond those for which the advance was given, the employee must request reimbursement and receive approval from the Mayor before reimbursement is made for the additional time. 3. Registration and hotel accommodations will be paid by the city directly to the charging entity. 4. Travel expenses may be paid by the city in advance directly to the provider or, if the employee uses their own vehicle, they may be reimbursed at the mileage rate allowed for federal tax purOposes after submitting the expense reimbursement form and receiving approval by the Mayor. (Ord. No. 215-2007, passed 7-3-07) P. Career Development: 1. Allemployees of the city are encouraged to participate in in-service training and/or educational programs that will enhance career development: 38a. In-service training: (1) The following are provided for employees participating in approved in-service training programs: (2) _ Registration fees and travels expenses paid by the city; (b) Time off with pay to attend programs if held during regular working hours. b. Educational assistance: (1) The city will reimburse full tuition costs for up to three classes per year, provided’ the classes are job-related, completed at an accredited college or university, and a transcript is submitted with a grade of "C" or better. (2) The city will reimburse full tuition costs for job-related training at an approved vocational school upon receipt of a cerificate indicating successful completion of the course. 2. Requests for participating in career development programs shall be made as soon as possible, preferably before the beginning of the fiscal year and during the development of the annual budget. 3. Participation in career development programs must be approved in advance by the Mayor. Q. Taxable Benefits: 1. City Owned Vehicle Usage: Unless specifically exempted by federal regulations, take-home city vehicles shall be a taxable benefit. Employees who drive city-owned vehicles to and from work shall be credited with additional gross income for tax purposes in the amount of $1.50 per day for each day the vehicle is driven to work and $1.50 per day for each day the vehicle is driven from work. [For example, an employee who drives a city-owned vehicle to and from work 10 times during the pay period shall be credited with an additional income of $30 for tax purposes for the pay period.] 2. Uniform Policy: a. The annual budget process shall determine the uniform policy of the city. b. All employees who are authorized to wear uniforms provided by the city shall wear the uniforms during all working hours. Uniforms provided by the city shall be worn only to and from work, and while at work. 39c. Ifthe city provides “everyday apparel” in lieu of uniforms (ie., blue jeans, civilian clothing for sworn police personnel, etc.), the actual-allowance or cost of apparel shall be considered taxable benefits and credited with additional income for the amount of the expenses for tax purposes for each pay period. d. Employees eligible for safety (steel-toed) shoes shall wear the shoes at all hours while at work. Safety (steel-toed) shoes shall not be considered taxable benefits. 3. Telephone Policy a. The city telephones are intended for business purposes and personal use shall be limited. All cellular phones issued to employees have a basic plan, including a limited number of minutes allowable each month at no additional costs. In the event an employee exceeds the allowable minutes and/or incurs other costs (roaming, etc.) that add to total costs above the costs for basic service in any month, he/she shall reimburse the city for all costs/charges above the costs for basic service. b. Cellular phones are considered a taxable benefit, The city will randomly select one month each calendar year for tax reporting purposes. During that month, the percentage of personal use will be compared with total business use to determine the personal use of the cellular phone. The percentage of personal calls, coupled with the percentage of the cost for the cellular phone if separate, will be used for reporting the taxable benefit for the calendar year. [For example, if the costs for services are $40 per month, and the employee used the cellular phone 25% for personal use during the month surveyed, $120 per year (1/4" of $40 = $10 X 12 months = $120) will be reported for tax purposes. (Added October 2007) 40PART VII: GENERAL OPERATING POLICIES AND PROCEDURES A Credit Card / Check Purchases: City credit cards must be carefully controlled to ensure that employees are held accountable for credit card transaction activity. Therefore, the following criteria must be followed concerning credit card use: 4. Allcity owned credit cards will be kept at city hall and no employee will be permitted to use a city credit card without prior consent of the Mayor or the Mayor's designated agent. 2. Ifa credit card is given to an employee for a specific purchase, the card must be retumed to city hall as soon as reasonably possible with a receipt for any purchases made. The employee who made the purchase will sin the receipt and turn it in to the City Clerk. The City Clerk will retain all receipts and check them against the monthly billing statement to be sure correct payments are made. 3. A summary schedule of credit card transactions will be created each moth that includes the name of the employee who made the transaction, a brief description of the items purchased, the dollar amount of the items purchases, and the purpose of the purchase. The summary schedule will be reviewed and approved by the Mayor. If transactions are not approved, or are found to be personal in nature, the employee who made the purchase will be required to reimburse the city for any disallowed transactions. 4. The city will comply with KRS 65.140 by paying all bills within 30 working days of receipt of a vendor's invoice. 5. Inthe event other purchases need to be made by an employee on behalf of the city, a check request form must be filled out and approved by the Mayor or the Mayor's designated agent prior to the check being issued. A receipt for the purchase must be presented as soon as reasonably possible after the transaction is completed. Under no circumstances will blank checks be signed and issued to an employee prior to a purchase being made. (Ord. No. 215-2007, passed 7-3-07) B. Loans: 1. Any loan made to the city must be supported by a formal written loan agreement which details the terms and conditions of the loan, including the amount of interest to be paid and the repayment terms. 2. All'such loan agreements must be approved by the City Council at an open meeting, C. Use of Public Funds: The Kentucky Supreme Court has ruled that public funds must be spent in such a amanner as to be beneficial to the pubic and not predominately personal in nature. In keeping with that ruling, the City of West Buechel finds the following activities to be prohibited: 1. Expenditures made specifically to benefit one person or a small number of persons which has no overall value to the community as a whole; 2. Payment for work done on private property or to improve the value of private property; 3. Use of city employees or city paid contract laborers to perform work for private individual(s) or on the property of private individual(s); 4, Use of city funds, discounts, property or equipment for personal benefit to one person or a small number of persons; and 5. Use of city funds to provide gifts, awards, prizes, remembrances, parties, or any other type of special recognition to one person or a small group of persons which has To overall value to the community as @ whole. (Ord. No. 215-2007, passed 7-3-07) D. — Contract Labor: 1. All labor done on behalf of the city by non-employee persons must be supported by a written agreement which specifies the terms and conditions of the work to e done and the terms of payment. 2. All contracts will be reviewed by the City Attorney prior to approval to ensure that the agreement includes sufficient detail to protect the city’s interests. (Ord. No. 215-2007, passed 7-3-07) E. Media Relations: 4. Employees shall neither give nor confirm information to members of the media without advance approval of the Mayor, except that the Police Chief may give or confirm information regarding police matters. 2. Questions from the media regarding administrative and personnel matters shall be referred to the Mayor, and questions from the media regarcing police matters shall be referred to the Police Chief. (Added October 2007) é lict of Interest: 1. Employees shall not accept gifts, gratuities or loans from organizations, business concems, or individuals with whom the employee has official relationships or business with the city, except that articles of negligible value which are widely distributed and social courtesies which promote good public relations may be accepted. 422. The city shall not contract with nor purchase services from employees outside the terms of normal employment conditions. 3. Employees shall not use confidential knowledge gained through official duty for personal profit Cross-reference: See Code of Ethics, Appendix A 43Section 38.01 38.02 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.20 38.21 38.22 38.23 38.24 38.25 38.30.1 38.40 38.44 38.42 38.43 38.44 38.45, 38.46 38.47 38.48 APPENDIX A: CODE.OF ETHICS CHAPTER 38: CODE OF ETHICS* General Provisions Purpose and authority Definitions Standards of Conduct Conflicts of interests in general Conflicts of interest in contracts Receipt of gifts Use of city property, equipment and personnel Representation of interest before city government Misuse of confidential information Honoraria Financial Disclosure Who must file When to file statements; amended statements Form of the statement of financial interest Control and maintenance of the statements of financial interests Contents of the financial interest statement Noncompliance with filing requirement Nepotism Nepotism prohibited Enforcement Board of Ethics created Alternate members Facilities and staff Power and duties of the Board of Ethics Filing and investigation of complaints Notice of hearings Hearing procedure peals Limitation of actions *Reprinted from City of West Buechel Code of Ethics 4538.49 Advisory opinions 38.50 Reprisals against persons disclosing violations prohibited 38.99 Penalties GENERAL PROVISIONS § 38.01 PURPOSE AND AUTHORITY. (A) _ It is the purpose of this chapter to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the city shall be clearly established, uniform in their application and enforceable, and to provide the officers and employees of the city with advice and information conceming potential conflicts of interest which might arise in the conduct of their public duties. (®) _ tis the further purpose of this chapter to meet the requirements of KRS. 65.003, as enacted by the 1994 Kentucky General Assembly. (C) This chapter is enacted under the power vested in the city by KRS 82.082 and pursuant to requirements of KRS 65.003. (Ord. 150-1994, passed 12-6-94) § 38.02 DEFINITIONS. As used in this chapter, unless the context clearly requires a different meaning: "BUSINESS." Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, professional service corporation, or any legal entity ‘through which business is conducted for profit. "BOARD OF ETHICS" or "BOARD." The City of West Buechel Board of Ethics which is created and vested by this chapter with the responsibility of enforcing the requirements of the City's Code of Ethics. "CANDIDATE." Any individual who seeks nomination or election to a city office. An individual is a candidate when the individual files a notification and declaration for nomination for office with the county clerk or secretary of state, or is nominated for office by a political party, or files a declaration of intent to be a write-in candidate with the County Clerk or Secretary of State. "CITY." The City of West Buechel, Kentucky. "CITY AGENCY." Any board, commission, authority, nonstock corporation, or other entity created, either individually or jointly, by this city, "EMPLOYEE." Any person, whether fulltime or parttime, and whether paid or unpaid, who is employed by or provides service to the city. The term "employee" shall not 46include any contractor or subcontractor or any of their employees. "FAMILY MEMBER." A spouse, parent, child, brother, sister, mother-in-law, father- in-law, son-intaw, daughter-in-law, grandparent or grandchild. “IMMEDIATE FAMILY MEMBER." A spouse, an unemancipated child residing in the officer's or employee's household, or a person claimed by the officer or employee, or the officer's or employee's spouse, as a dependent for tax purposes. “OFFICER.” Any person, whether full-time or part-time, and whether paid or unpaid, who is one of the following: (A) The Mayor. (8) ACity Council member. (©) The City Clerk-Treasurer. (D) The City Manager. (E) The City Administrator. (F) Any person who occupies @ nonelected office created under KRS 83.080. (G) A member of the governing body of any city agency who has been appointed to the governing body of the agency by the city. (Ord. 150-1994, passed 12-6-94) STANDARDS OF CONDUCT § 38.10 CONFLICTS OF INTEREST IN GENERAL. Every officer and employee of the city and every city agency shall comply with the following standards of conduct: (A) _ No officer or employee, or any immediate family member of any officer or employee, shall have an interest in a business or engage in any business, transaction or activity which is in substantial conflict with the proper discharge of the officer's or employee's public duties. No officer or employee shall intentionally use or attempt to use his official position with the city to secure unwarranted privileges or advantages for himself or others. (C) No officer or employee shall intentionally take or refrain from taking any discretionary action or agree to take or refrain from taking any discretionary action or induce or attempt to induce any other officer or employee to take or refrain from taking any discretionary action on any matter before the city in order to obtain a financial benefit for any of the following: 47(1) The officer or employee. @) A family member (3) Anoutside employer. (4) Any business in which the officer or employee, or any family member has a financial interest. (©) Any business with which the officer or employee or any family member is negotiating or seeking prospective employment or other business or professional relationship. (D) _ No officer or employee shall be deemed in violation of any provision in this section if, by reason of the officer's or employee's participation, vote, decision, action or inaction, no financial benefit accrues to the officer or employee, a family member, an outside employer, or a business as defined in subsection (C)(4) and (C\(6) of this section, as a member of any business, occupation, profession, or other group, to any greater extent than any gain could reasonably be expected to accrue to any other member of the business, occupation, profession, or other group. (E) Every officer or employee who has a prohibited financial interest which the officer or employee believes or has reason to believe may be affected by his participation, vote, decision or other action taken within the scope of his public duties shall disclose the precise nature and value of the interest, in writing, to the governing body of the city or city agency served by the officer or employee, and the disclosure shall be entered on the official record of the proceedings of the governing body. The officer or employee shall refrain from taking any action with respect to the matter that is the subject of the disclosure. (Ord. 150-1994, passed 12-6-94) § 38.11 CONFLICTS OF INTEREST IN CONTRACTS. (A) _ No officer or employee of the city or any city agency shall directly or through others undertake, execute, hold, or enjoy, in whole or in part, any contract made, entered into, awarded, or granted by the city or a city agency, except as follows: (1) The prohibition in subsection (A) of this section shall not apply to contracts entered into before an elected officer filed as a candidate for city office, before an appointed officer was appointed to a city or city agency office, or before an employee was hired by the city or a city agency. However, if any contract entered into by a city or city agency officer or employee before he became a candidate, was appointed to office, or was hired as an employee, is renewable after he becomes a candidate, assumes the appointed office, or is hited as an employee, the prohibition in subsection (A) of this section shall apply to the renewal of the contract. (2) The prohibition in subsection (A) of this section shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer or employee is authorized to participate in establishing the contract spectications, awarding 48the contract, or managing contract performance after the contract is awarded. If the officer or employee has any of the authorities set forth in the preceding sentence, then the officer or employee shall have no interest in the contract, unless the requirements set forth in subpart (3) below are satisfied. (2) The city shall not contract with nor purchase services from employees outside the terms of normal employment conditions. (b) Employees shall not use confidential knowledge gained through official duty for personal profit. (3) The prohibition in subsection (A) of this section shall not apply in any case where the following requirements are satisfied: (a) The specific nature of the contract transaction and the nature of the officer's or employee's interest in the contract are publicly disclosed at a meeting of the governing body of the city or city agency. (6) The disclosure is made a part of the official record of the governing body of the city or city agency before the contract is executed. (©) A finding is made by the governing body of the city or city agency that the contract with the officer or employee is in the best interests of the public and the city or city agency because of price, limited supply, or other specific reasons. (@) The finding is made a part of the official record of the governing body of the city or city agency before the contract is executed. (8) Any violation of this section shall constitute a Class A misdemeanor, and upon conviction, the court may void any contract entered into in violation of this section. Additionally, a violation of this section shall be grounds for removal from office or employment with the city in accordance with any applicable provisions of state law and ordinances, rules or regulations of the city. (Ord. 150-1994, passed 12-6-94) § 38.12 RECEIPT OF GIFT! No officer or employee of the city or any city agency shall directly or indirectly through any other person or business, solicit or accept any gift having a fair market value of more than one hundred dollars ($100), whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or any other form under circumstances in which it could reasonably be inferred that the gift was intended to influence or could reasonably be expected to influence the officer or employee in the performance of his public duties. (Ord. 150-1994, passed 12-6-94) § 38.13 USE OF CITY PROPERTY, EQUIPMENT AND PERSONNEL, No officer or employee of the city shall use or permit the use of any city time, 49funds, personnel, equipment, or other personal or real property for the private use of any person, unless: (A) The use is specifically authorized by a stated city policy. (8) The use is available to the general public, and then only to the extent and upon the terms that such use is available to the general public. (©) Any employee operating or responsible for the operation of a city vehicle or other equipment shall comply with the city’s policy on the operation of vehicles and equipment. (Ord. 150-1994, passed 12-6-94) 38.14 REPRESENTATION OF INTERESTS BEFORE CITY GOVERNMENT. (A) _ No officer or employee of the city or any city agency shall represent any person or business, other than the city, in connection with any cause, proceeding, application or other matter pending before the city or any city agency. (8) _ Nothing in this section shall prohibit an employee from representing another employee or employees where the representation is within the context of official labor union or similar representational responsibilities. (C) Nothing in this section shall prohibit any officer or employee from representing himself in matters conceming his own interest. (D) No elected officer shall be prohibited by this section from making any inquiry for information on behalf of a constituent, if no compensation, reward or other thing of value is promised to, given to, or accepted by the officer, whether directly or indirectly, in retum for the inquiry. (Ord. 150-1994, passed 12-6-94) § 38.15 MISUSE OF CONFIDENTIAL INFORMATION. No officer or employee of the city or any city agency shall intentionally use or disclose information acquired in the course of his official duties, if the primary purpose of the use or disclosure is to further his personal financial interest or that of another person or business. Information shall be deemed confidential if it is not subject to disclosure pursuant to the Kentucky Open Records Act, KRS 61.872 to 61.884, at the time of its use or disclosure. (Ord. 150-1994, passed 12-6-94) §38.16 HONORARIA. (A) __ No officer or employee of the city or a city agency shall accept any compensation, honorarium or gift with a fair market value greater than $100 in consideration of an appearance, speech or article unless the appearance, speech or article is both related to the officer's or employee's activities outside of municipal service and is unrelated to the officer's or employee's service with the city. 50(B) _ Nothing in this section shall prohibit an officer or employee of the city or any city agency from receiving and retaining from the city or on behalf of the city actual and reasonable out-of-pocket expenses incurred by the officer or employee in connection with an appearance, speech or article, provided that the officer or employee can show by clear and convincing evidence that the expenses were incurred or received on behalf of the city or city agency and primarily for the benefit of the city or city agency and not primarily for the benefit of the officer or employee or any other person. (Ord. 150-1984, passed 12-6-94) FINANCIAL DISCLOSURE § 38.20 WHO MUST FILE. The following classes of officers and employees of the city and city agencies shall file an annual statement of financial interests with the Board of Ethics: (A) Elected city officials. (B) Candidates for elected city office. (C) _ Members of the Board of Ethics created by this chapter. (Ord. 150-1994, passed 12-6-94) § 38.21 WHEN TO FILE STATEMENTS; AMENDED STATEMENTS. (A) The initial statement of financial interests required by this section shall be filed with the Board of Ethics, or the administrative official designated as the custodian of its records by the Board of Ethics, no later than pm. , 1995. All subsequent statements of financial interest shall be filed no later than p.m. on each year provided that a candidate for city office shall fle his initial statement no later than thirty (30) days after the date on which the person becomes a candidate for elected city office. (B) The Board of Ethics may grant a reasonable extension of time for filing a statement of financial interests for good cause shown. (©) _ In the event there is a material change in any information contained in a financial statement that has been filed with the Board, the officer or employee shall, no later than thirty (30) days after becoming aware of the material change, file an amended ‘statement with the Board. (Ord. 150-1994, passed 12-6-94) § 38.22 FORM OF THE STATEMENT OF FINANCIAL INTEREST. The statement of financial interests shall be filed on a form prescribed by the Board of Ethics or the administrative official designated by the Board of Ethics. The Board, or the designated administrative official, shall deliver a copy of the form to each officer and employee required to file the statement, by first class mail or hand delivery, no later than of each year. The failure of the 51Board or the designated administrative official to deliver a copy of the form to any officer or employee shall not relieve the officer or employee of the obligation to file the statement. (Ord. 150-1994, passed 12-6-94) § 38.23 CONTROL AND MAINTENANCE OF THE STATEMENTS OF FINANCIAL INTERESTS. (A) The Board of Ethics shall be the “official custodian" of the statements of financial interests and shall have control over the maintenance of the statements of financial interests. The statements of financial interests shall be maintained by the Board of Ethics, or its designated administrative official designated by the Board of Ethics as the “custodian" of public documents, available for public inspection immediately upon filing. (8) A statement of financial interests shall be retained by the Board or the designated administrative official for a period of five (5) years after filing; provided that: (1) Upon the expiration of three (3) years after a person ceases to be an officer or employee of the city or city agency, the Board shall cause to be destroyed any statements of financial interests or copies of those statements filed by the person. (2) Upon the expiration of three (3) years after any election at which a candidate for elected city office was not elected or nominated, the Board of Ethics shall cause to be destroyed any statements of financial interests or copies cf those statements filed by the person. (Ord. 150-1994, passed 12-6-04) §. 38.24 CONTENTS OF THE FINANCIAL INTERESTS STATEMENT. (A) The statement of financial interests shall include the following information for the preceding calendar year: (1) The name, current business address, business telephone number, and home address of the filer. (2) The title of the filer's office, office sought, or position of employment. (8) The occupation of the filer and the filers spouse. (4) Information that identifies each source of income of the filer and the filer's immediate family members exceeding twenty-five thousand dollars ($25,000) during the preceding calendar year and the nature of the income (e.g., salary, commission, dividends, retirement fund distribution, etc.) (5) The name and address of any business located within the state in which the filer or any member of the filer's immediate family had at any time during the preceding calendar year an interest of ten thousand dollars ($10,000) at fair market value or five percent (5%) ownership interest or more. 52(8) The name and address of any business located outside of the state, if the business has engaged in any business transactions with the city during the past three (3) years, or which is anticipated to engage in any business transactions with the city, in which the filer or any member of the filer's immediate family had at any time during the preceding calendar year an interest of ten thousand dollars ($10,000) at fair market value or five percent (5%) ownership interest or more. (7) __ Adesignation as commercial, residential, or rural and the location of all real property within the county other than the filer's primary residence in which the filer or any member of the filer's immediate family had during the preceding calendar year an interest of ten thousand dollars ($10,000) or more. (8) Each source by name and address of gifts or honoraria having a fair market value of one hundred dollars ($100) or more from any single source, excluding gifts received from family members, received by.the filer or any member of the filer's immediate family during the preceding calendar year. (@)_ The name and address of any creditor owed more than ten thousand dollars ($10,000), except debts arising from the purchase of a primary residence or the purchase of consumer goods which are bought or used primarily for person, family or household purposes. (B) Nothing in this section shall be construed to require any officer or employee to disclose any specific dollar amounts nor the names of individual clients or customers of businesses listed as sources of income. (Ord. 150-1994, passed 12-6-94; Am. Ord. 160-1996, passed 1-7-97) § 38.25 NONCOMPLIANCE WITH FILING REQUIREMENTS. (A) The Board of Ethics, or the designated administrative official, shall notify by certified mail each person required to file a statement of financial interests who fails to file the statement by the due date, files an incomplete statement, or files a statement in a form other than that prescribed by the Board. The notice shall specify the type of failure or delinquency, shall establish a date by which the failure or delinquency shall be remedied, and shall advise the person of the penalties for a violation. (8) Any person who fails or refuses to file the statement or who fails or refuses to remedy a deficiency in the filing identified in the notice under subsection (A) within the time period established in the notice shall be guilty of a civil offense and shall be subject to a civil fine imposed by the Board in an amount not to exceed twenty-five dollars ($25) per day, up to a maximum total civil fine of five hundred dollars ($500). Any civil fine imposed by the Board under this section may be recovered by the city in a civil action in the nature of debt if the offender fails or refuses to pay the penalty within a prescribed period of time. (C) Any person who intentionally files @ statement of financial interests which he knows to contain false information or intentionally omits required information shall be guilty of a Class A misdemeanor. (Ord. 150-1994, passed 12-68-94) 53NEPOTISM § 38.30 NEPOTISM PROHIBITED. (A) No officer or employee of the city or a city agency shall advocate, recommend or cause the employment, appointment, promotion, transfer; or advancement of a family member to an office or position of employment with the city or a city agency. A family member is a spouse, parent, child, brother, sister, grandparent, grandchild, or immediate in-laws. (8) No officer or employee of the city or a city agency shall supervise or manage the work of a family member. (C) No officer or employee shall participate in any action relating to the ‘employment or discipline of a family member, except that this prohibition shalll net prevent an elected or appointed official from voting on or participating in the development of a budget which includes compensation for a family member, provided that the family member is included only as a member of a class of persons or a group and the family member benefits to no greater extent than any other similarly situated member of the class or group. (D) The prohibitions in this section shall not apply to any relationship or situation that would violate the prohibitions, but which existed prior to December 6, 1994. (Ord. 150-1994, passed 12-6-94) ENFORCEMENT § 38.40 BOARD OF ETHICS CREATED. (A) There is hereby created a Board of Ethics which shall have the authorities, duties, and responsibilities as set forth in this chapter to enforce the provisions of this chapter. (8) The Board of Ethics shall consist of three (3) members who shall be appointed by the Mayor, subject to the approval of the City Council. The initial members of the Board of Ethics shall be appointed within sixty (60) days of the effective date of this chapter. No member of the Board of Ethics shall hold any elected or appointed office, whether paid or unpaid, or any position of employment with the city or any city agency. ‘The members shall serve for @ term of three years. No more than two (2) members shall be of the same political party. Each member of the Board of Ethics shall have been a resident of the city for at least one (1) year prior to the date of the appointment and shall reside in the city throughout the term in office. The members of the Board of Ethics shall be chosen by virtue of their known and consistent reputation for integrity and their knowledge of local government affairs. The members may be re-appointed for any number of consecutive terms. (C) A member of the Board of Ethics may be removed by the Mayor subject to the approval of the City Council for misconduct, inability or wilful neglect of duties. Before any member of the Board of Ethics is removed from office under this section, the member 54shall be afforded the opportunity for a hearing before the Mayor and the City Council (0) _ Vacancies on the Board of Ethics shall be filled within sixty (60) days by the Mayor, subject to the approval of the City Council. If a vacancy is not filled by the Mayor within sixty (60) days, the remaining members of the Board of Ethics shall fill the vacancy. A\ll vacancies shall be filled for the remainder of the unexpired term. (E) Members of the Board of Ethics shall serve without compensation unless otherwise approved by the City Council, but shall be reimbursed for all necessary and reasonable expenses incurred in the performance of their duties. (F) The Board of Ethics shall, upon the initial appointment of its members and annually thereafter, as the first order of business until the first meeting of each calendar year, elect a chairperson from among the membership. The chairperson shall be the presiding officer and a full voting member of the Board. (G)__ Meetings of the Board of Ethics shall be held, as necessary, upon the call of the chairperson or at the written request of a majority of the members. (H) The presence of two (2) or more members shall constitute a quorum and the affirmative vote of two (2) or more members shall be necessary for any official action to be taken, Any member of the Board of Ethics who has a conflict of interest with respect to any matter to be considered by the Board shall disclose the nature of the conflict, shall disqualify himself from voting on the matter and shall not be counted for purposes of establishing a quorum. () Minutes shall be kept for all proceedings of the Board of Ethics and the vote of each member on any issue decided by the Board shall be recorded in the minutes. (Ord. 150-1994, passed 12-6-94) NATE MEMI The Mayor, with the approval of the City Council may appoint one (1) alternate members of the Board of Ethics who may be called upon to serve when any regular member of the Board is unable to discharge his duties. An alternate member shall be appointed for a term of one (1) year. Alternate members shall meet all qualifications and be subject to all of the requirements of this chapter that apply to regular members. (Ord. 150-1994, passed 12-6-94) § 38.42 FACILITIES AND STAFF. Within the limits of the funds appropriated by the legislative body in the annual budget, the city shall provide the Board of Ethics, either directly or by contract or agreement, with the facilities, materials, supplies and staff needed for the conduct of its business. (Ord. 150-1994, passed 12-6-94) 55§ 38.43 POWER AND DUTIES OF THE BOARD OF ETHICS. The Board of Ethics shall have the following powers and duties: (A) To initiate on its own motion, receive and investigate complaints, hold hearings, and make findings of fact and determinations with regard to alleged violations of the provisions of this chapter. (8) _ To issue orders in connection with its investigations and hearings requiring persons to submit in writing and under oath reports and answers to questions that are relevant to the proceedings and to order testimony to be taken by deposition before any individual designated by the Board who has the power to administer oaths. (C) To administer oaths and to issue orders requiring the attendance and testimony of witnesses and the production of documentary evidence relating to an investigation or hearing being conducted by the Board. (0) To refer any information concerning violations of this chapter to the Mayor, the City Council, the governing body of any city agency, the County Attorney, or other appropriate person or body, as necessary. (E) _ To render advisory opinions to city and city agency officers and employees regarding whether a given set of facts and circumstances would constitute a violation of any provision of this chapter. (F) To enforce the provisions of this chapter with regard to all officers and employees of the city and city agencies who are subject to its terms by issuing appropriate orders and imposing penalties authorized by this chapter. (G)__ To control and maintain all staternents of financial interests that are required to be filed by this chapter and to insure that the statements ere available for public inspection in accordance with the requirements of this chapter and the Kentucky Open Records Act. (H) To develop and submit any reports regarding the conduct of its business that may be required by the Mayor or the City Council ()__ To adopt rules and regulations and to take other actions, as necessary, to implement the provisions of this chapter, provided that the rules, regulations, and actions are not in conflict with the provisions of this chapter or any state or federal law. (Ord. 150-1994, passed 12-6-94) § 38.44 FILING AND INVESTIGATION OF COMPLAINTS. (A)__ All complaints alleging any violation of the provisions of this chapter shall be submitted to the Board of Ethics or the administrative official designated by the Board of Ethics. All complaints shall be in writing, signed by the complainant, and shall meet any other requirements established by the Board of Ethics. The Board of Ethics shall acknowledge receipt of a complaint to the complainant within ten (10) working days from 56the date of receipt. The Board shall forward within ten (10) working days to each officer or employee of the city or city agency who is the subject of the complaint a copy of the complaint and a general statement of the applicable provisions of this chapter. (8) Within thirty (30) days of the receipt of a proper complaint, the Board of Ethics shall conduct @ preliminary inquiry conceming the allegations contained in the complaint. The Board shall afford a person who is the subject of the complaint an opportunity to respond to the allegations in the complaint. The person shall have the right to be represented by counsel, to appear and be heard under oath, and to offer evidence in response to the allegations. (©) All proceedings and records relating to a preliminary inquiry being conducted by the Board of Ethics shall be confidential until a final determination is made by the Board except: (1) The Board may turn over to the Commonwealth's Attorney or County Attorney evidence which may be used in criminal proceedings. (2) Ifthe complainant or alleged violator publicly discloses the existence of a preliminary inquiry, the Board may publicly confirm the existence of the inquiry, and, at its discretion, make public any documents which were issued by either party (D) The Board shall make a determination based on its preliminary inquiry whether the complaint is within its jurisdiction and, if so, whether it alleges a minimal factual basis to constitute a violation of this chapter. If the Board concludes that the complaint is outside. of its jurisdiction, frivolous or without factual basis, the Board shall immediately terminate the inquiry, reduce the conclusion to writing, and transmit a copy of its decision to the complainant’ and to all officers or employees against whom the complaint was filed. (E)__ Ifthe Board of Ethics concludes, based upon its preliminary inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to establish a minimal factual basis to constitute a violation, the Board shall notify the officer or employee who is the subject of the complaint and may: (1) Due to mitigating circumstances such as, lack of significant economic advantage or gain by the officer or employee, lack of economic loss to the city and its taxpayers, or lack of significant impact on public confidence in city government issue, in writing, a confidential reprimand to the officer or employee concerning the alleged violation and provide a copy of the confidential reprimand to the executive authority and governing body of the city or city agency. (2) Initiate a hearing to determine whether there has been a violation. (F)__ Any person who knowingly files with the Board a false complaint alleging a violation of any provision of this chapter by an officer or employee of the city or any city agency shall be guilty of a Class A misdemeanor. (Ord. 150-1994, passed 12-6-94) 57§38.45 NOTICE OF HEARINGS, If the Board of Ethics determines that a hearing regarding allegations contained in the complaint is necessary, the Board shall issue an order setting the matter for a hearing within thirty (30) days of the date the order is issued, unless the alleged violator petitions for and the Board consents to a later date. The order setting the matter for hearing, along with a copy of any pertinent regulations of the Board relating to the hearing shall be sent to the alleged violator within twenty-four (24) hours of the time the order setting a hearing is issued. (Ord. 150-1994, passed 12-6-94) § 38.46 HEARING PROCEDURE. (A) The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall not apply to hearings conducted by the Board of Ethics; however, the hearings shall be conducted in accordance with this section and in accordance with any additional rules and regulations adopted by the Board so as to afford all patties the full range of due process rights required by the nature of the proceedings. (B) _ Prior to the commencement of the hearing, the alleged violator, or his representative, shall have a reasonable opportunity to examine all documents and records obtained or prepared by the Board in connection with the matter to be heard. The Board shall inform the alleged violator, or his representative, of any exculpatory evidence in its possession. (C)_ Alltestimony in a Board hearing shall be taken under oath, administered by the presiding officer. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses, to submit evidence, and to be represented by counsel. All witnesses shall have the right to be represented by counsel. (0) Any person whose name is mentioned during the hearing and who may be adversely affected thereby may appear personally before the Board, with or without counsel, to give a statement regarding the adverse mention, or may file a written statement regarding the adverse mention for incorporation into the record of the proceeding. (E) All hearings of the Board of Ethics shall be public, unless the members vote to go into executive session in accordance with KRS 61.810. (F)__ After the conclusion of the hearing, the Board of Ethics shall, as soon as practicable, begin deliberations in executive session for the purpose of reviewing the evidence before it and making a determination whether a violation of this chapter has been proven. Within thirty (30) days after completion of the hearing, the Board shall issue a written report of its findings and conclusions. (G)__ If the Board concludes in its report that no violation of this chapter has occurred, it shall immediately send written notice of this determination to the officer or employee who was the subject of the complaint and to the party who filed the complaint. 58(H) _ If the Board concludes in its report that in consideration of the evidence produced at the hearing there is clear and convincing proof of a violation of this chapter, the Board may: (1) _ Issue an order requiring the violator to cease and desist the violation. (2) In writing, publicly reprimand the violator for the violations and provide a copy of the reprimand to the Mayor and governing body of the city or city agency with which the violator serves. (3) _ In writing, recommend to the Mayor and the governing body that the violator be sanctioned as recommended by the Board, which may include a recommendation for discipline or dismissal or removal from office. (4) _ Issue an order requiring the violator to pay a civil penalty of not more than $1,000. (8) Refer evidence of criminal violations of this chapter or state laws to the County Attorney or Commonwealth's Attorney of the jurisdiction for prosecution. (Ord. 180-1994, passed 12-6-94) § 38.47 APPEALS. Any person who is found guilty of a violation of any provision of this chapter by the Board of Ethics may appeal the finding to the Circuit Court of the county within thirty (30) days after the date of the final action of the Board of Ethics by filing a petition with the court against the Board. The Board shall transmit to the clerk of the court all evidence considered by the Board at the public hearing. (Ord. 150-1994, passed 12-6-4) § 38.48 LIMITATION OF ACTIONS. Except when the period of limitation is otherwise established by state law, an action for a violation of this chapter must be brought within one (1) year after the violation is discovered. (Ord. 150-1994, passed 12-6-04) § 38.49 ADVISORY OPINIONS. (A) The Board of Ethics may render advisory opinions concerning matters under its jurisdiction, based upon real or hypothetical facts and circumstances, upon its own initiative and shall render an advisory opinion when requested by any officer or employee of the city ora city agency who is covered by this chapter. (8) An advisory opinion shall be requested in writing and shall state relevant facts and ask specific questions. The request for an advisory opinion shall remain confidential unless confidentiality is waived, in writing, by the requestor. (C) The Board may adopt regulations, consistent with the Kentucky Open 59Records Law, to establish criteria under which it will issue confidential advisory opinions. All other Advisory opinions shall be public documents, except that before an advisory opinion is made public, it shall be modified so that the identity of any person associated with the opinion shall not be revealed. (D) The confidentiality of an advisory opinion may be waived either: (1) Inwriting by the person who requested the opinion. (2) By majority vote of the members of the Board, if a person makes or purports to make public the substance or any portion of an advisory opinion requested by ‘or on behalf of the person. The Board may vote to make public the advisory opinion request and related materials. () __Awtitten advisory opinion issued by the Board shall be binding on the Board in any subsequent proceeding concerning the facts and circumstances of the particular case if no intervening facts or circumstances arise which would change the opinion of the Board if they had existed at the time the opinion was rendered. However, if any fact determined by the Board tobe material was omitted or misstated in the request for an opinion, the Board shall not be bound by the opinion, (F) _ Awritten advisory opinion issued by the Board shall be admissible in the defense of any criminal prosecution or civil proceeding for violations of this chapter for actions taken in reliance on that opinion. (Ord. 150-1994, passed 12-6-94) § 38.50. REPRISALS AGAINST PERSONS DISCLOSING VIOLATIONS PROHIBITED. (A) _ No officer or employee of the city or any city agency shall subject to reprisal or directly or indirectly use, or threaten to use, any official authority or influence in any manner whatsoever which ‘tends to discourage, restrain, deter, prevent, interfere with, coerce, or discriminate against any person who in good faith reports, discloses, divulges, or otherwise brings to the attention of the Board of Ethics or any other agency or official of the city or the Commonwealth any facts or information relative to an actual or suspected violation of this chapter. (8) This section shall not be construed as: (1) Prohibiting disciplinary or punitive action if an officer or employee of the city or any city agency discloses information which he knows: (a) To be false or which he discloses with reckless disregard for its truth or falsity. (b) To be exempt from required disclosure under the provisions of the Kentucky Open Records Act, 61.870 to 61.884. (0) Is confidential under any other provision of law. (Ord. 150-1994, passed 12-6-94) 6038.99 PENALTIES, (A) _ Except when another penalty is specifically set forth in this chapter, any officer or employee of the city or any city agency who is found by the Board of Ethics to have violated any provision of this chapter shall be deemed guilty of a civil offense and may be subject to a civil fine imposed by the Board of Ethics not to exceed one thousand dollars ($1,000), which may be recovered by the city in a civil action in the nature of debt if the offender fails to pay the penalty within a prescribed period of time. (8) _ In addition to all other penalties which may be imposed under this chapter, any officer or employee of the city or any city agency who is found by the Board of Ethics to have violated any provision of this chapter shall forfeit to the city or the city agency an amount equal to the economic benefit or gain which the officer or employee is determined by the Board to have realized as a result of the violation. The amount of any forfeiture may be recovered by the city in a civil action in the nature of debt, if the offender fails to Pay the amount of the forfeiture within a prescribed period of time. (C) _ Inaddition to all other penalties which may be imposed under this chapter, a finding by the Board of Ethics that an officer or employee of the city or any city agency is guilty of @ violation of this chapter shall be sufficient cause for removal, suspension, demotion, or other disciplinary action by the executive authority of the city or city agency or by any other officer or agency having the power of removal or discipline. Any action to remove or discipline any officer or employee for a violation of this chapter shall be taken in accordance with all applicable ordinances and regulations of the city and all applicable laws of the Commonwealth (Ord. 150-1994, passed 12-6-94) 61APPENDIX B: GRIEVANCE PROCEDURE GRIEVANCE PROCEDURE A. Employees: 1. The following procedure is established to insure that all employees are afforded fair, equitable, and expeditious review of grievances without fear, coercion, or discrimination. 2. Any grievance or dispute that may arise from employment with the city shall be settled in the following manner: a. The aggrieved employee shall present the grievance to the Department Director within three working days of its occurrence or within three working days of knowledge of its occurrence. The grievance (and all subsequent appeals) shall be stated on the attached form, and shall set forth the reasons and grounds for the grievance with a statement of relief sought. The Department Director shall attempt to adjust the matter and shall respond to the employee in writing within three working days. (1) Grievances involving discrimination or harassment, including sexual harassment, shall be presented directly to the Mayor or directly to the City Attomey if the grievance is against the Mayor. b. If the grievance remains unresolved, the aggrieved employee may submit the grievance to the Mayor (along with the written responses of the Department Director) within three working days after receiving the Department Director's response. The Mayor may conduct a more extensive investigation into the grievance, or the Mayor may agree with the Department Director and return the grievance without action. The Mayor shall inform the aggrieved employee of the decision within twenty working days. c The decision of the Mayor shall be final. 3. For swom police personnel, the above-described grievance procedure shall be applicable, supplemented, if necessary, by the provisions of KRS 15.520. The city, with advice of legal counsel, shall interpret its obligations, if any, under KRS 15.520, and shall, in good faith, apply the provision of KRS 15.520 as is deemed necessary. The interpretation and application of KRS 15.520 by the Mayor, or legal counsel for the city, shall be final unless or until overruled by a Court of competent jurisdiction. 4. Any police officer who believes the Mayor or the city intends to violate or has violated any provisions of KRS 15.520, or any other statute or constitutional requirement, in the proposed or final imposition of disciplinary action should, prior to any ‘suspected violation, if possible, or subsequently as soon as the violation is known or suspected to have occurred, bring the alleged violation to the Mayor's attention, in writing and with specificity, so that the Mayor may take such corrective action as the Mayor deems necessary in order to minimize or avoid any prejudice the employee believes he/she may suffer or has suffered. It is the policy of the city to give serious consideration 63to any statutory or constitutional procedural protections to which an employee, including a police officer, claims entitlement. (Changed October 2007) B. Persons {rom outside City Employment: 1. Any person or persons outside the city employment, including protected class individuals, who feels aggrieved by an act or decision by the city administration, supervisory personnel, or other city employees has the right to process the grievance in accordance with the following procedure: a. The person or persons may request a Grievance Procedure Form from the City Clerk-Treasurer, complete the Statement of Grievance and Proposed Solution to the Grievance sections, and forward the Form directly to the Mayor. The completed Form, including required signature(s), must be received by the Mayor within cone week after the time of the act or decision causing the grievance, or knowledge of the act or decision causing the grievance. The Mayor shall respond to the grievance within ten working days. b. If the decision of the Mayor is not satisfactery, the aggrieved person(s) may appeal the decision to the City Council by submitting the completed Form to the City Clerk-Treasurer within one week after receiving the Mayor's response. The City Council may retum the grievance without further action, or may hold hearings or take any actions necessary in arriving at a decision; the City Council shall respond to the grievance within sixty calendar days after receiving the grievance. The decision of the City Council shall be final.GRIEVANCE PROCEDURE FORM City of West Buechel TO: FROM: | wish to file the following grievance: Proposed solution to grievance: Signature Date Response of Received, Signature. Returned, The attached sheet shall be completed to continue the grievance at each level. 65Rfter receiving the response from on @ate) (.) lam satisfied with the resolution of the grievance; () Lam dissatisfied with the resolution of the grievance, and wish to appeal the decision to the next higher level. ‘Signature. Date. Response of - Received, Signature Retumed, Affer receiving the response from, on (Date) (.) lam satisfied with the resolution of the grievance; (.) | am dissatisfied with the resolution of the grievance, and wish to appeal the decision to the next higher level. Signature. Date. Response of i Received Signature, Returned. Use additional sheet(s) to continue grievance. 66APPENDIX C: BLOODBORNE PATHOGENS EXPOSURE PROTECTION PLAN EXPOSURE PROTECTION PLAN A. Background: The Occupational Health and Safety Act administered under 29 CFR 653, 655, 657 amended and expanded protection of employees potentially exposed to blood borne pathogens. 29 CFR 1910.1030 is being added under authority of 29 CFR 653. The full text of the new 1910.1030 can be found in Federal Register 6 December 1991 at 64175. This section requires employers to protect potentially exposed employees from infection with pathogens that may be transmitted by contact with blood or other body secretions. B. Defi 4 For the purpose of this policy, the following definitions shall apply unless the context clearly indicates or requires a different meaning: "BLOOD." Human blood, blood components and products made from blood. "BLOODBORNE PATHOGEN." Any microorganisms that can be present in human blood and can cause disease in humans. This includes but is not limited to hepatitis B (HBV) or HIV. "CONTAMINATED." The presence or the potential presence of blood or other potentially infectious material on an item or surface. "DECONTAMINATE." To use physical or chemical means to remove blood or other infectious material from surface or item, to render it safe for handling, use or disposal. "ENGINEERING CONTROLS." Controls that isolate or remove blood borne pathogen hazards from the work place. “EXPOSURE CONTROL PLAN." A written exposure control plan (ECP) designed to eliminate or minimize employee exposure. For those with an occupational exposure to bloodborne pathogens, employers are required under 29 CFR 1910.1030 to have a written exposure control plan, with annual review and updates as the law is amended. “EXPOSURE INCIDENT." A specific eye, mouth, nasal membrane, non-intact skin or other parenteral contact with blood or other potentially infectious material in the course of employee's job. "HBV." Hepatitis B virus. HIV." Human immunodeficiency virus. "OCCUPATIONAL EXPOSURE." Reasonably anticipated skin, eye, mouth, mucous membrane or parenteral contact with blood or other potentially infectious 67materials that may result from the performance of an employee's job. "OTHER POTENTIALLY INFECTIOUS MATERIAL." Body fluids, including semen, vaginal secretions, cerebrospinal fluid, synovial fluid, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures, any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids; any unfixed tissue or organ from @ human; and HIV- containing cell or tissue cultures, organ cultures, and HIV or HBV containing culture medium or other solutions, and blood from experimental animals infected with HIV or HBV. "PERSONAL PROTECTIVE EQUIPMENT." Specialized clothing or equipment worn by an employee for protection against contamination with bloodborne pathogens or other potentially infectious materials. "REGULATED WASTE." Liquid or semi-liquid blood or other petentially infectious materials (OPIM); contaminated items that would release blood or OPIM if compressed or wet or handled (examples include but not limited to gloves, paper towels, rags, syringes, needles). "SOURCE INDIVIDUAL." Any individual, living or dead, whose blood or other potentially infectious materials may be a source of occupational exposure to the employee. "UNIVERSAL PRECAUTIONS.” An approach to infection control whereas all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV, and other blood borne pathogens. "WORK PRACTICE CONTROLS." Controls that reduce the likelihood of exposure by altering the manner in which a task is performed. C. Purpose: This plan applies to all occupational exposure to blood or other potentially infectious materials. The purpose of this plan is to eliminate or minimize exposure of designated city employees to bloodborne pathogens. D. Exposure Determination: 1. Employees in the following job classifications have exposure to bloodborne pathogens: a. Allmembers of the Police Department. 2, Employees in the following job classifications may have limited occupational exposure to bloodborne pathogens: None. 685. ‘Tasks Performed That May Lead to Bloodborne Pathogen Exposure: 1 Handling prisoners who have cuts or other sources of bleeding. 2. Being injured in any way by a prisoner or other person in line of duty. 3. Contamination of eye, mouth, noses or open skin. 4, Contamination of any organ in (3) while cleaning a vehicle of blood, etc. 5. Improper handling of used gloves, soiled clothing, contaminated items (towels, weapons, clothing, glasses, etc.). 6. Care of person involved in an accident. F. Precautions Observed to Eliminate of Minimize Exposure: 4. Hand washing facilities shall be maintained in all facilities with potable running water, soap, and single use paper towels or hot air hand dryers. 2. __ Situations that prevent hand washing in a facility will be handled by having a hand washing solution such as a water solution mixed to 10% bleach strength or bottle isopropyl alcohol, or pre-packed hand wipes with benzalkonium chloride and disposable one-use paper towel available. When exposed personnel use this method of hand washing, they shall, as soon as practical, go to a facility and wash their hands with soap and water. 3. _ Employees shall wash their hands after removal of protective gloves, contamination by a potential infectious material and after removal of protective clothing. 4, _ Employees shall wash their hands or other body parts and flush all mucous membranes with copious amounts of water immediately or as soon as feasible after contact with blood or other infectious material. 5. Contaminated paper towels, gloves or other materials used to clean or disinfect hands while in vehicles shall be packed in plastic bag and securely closed. This plastic bag contains regulated hazardous waste. It shall be stored in the trunk of the Vehicle and as soon as feasible taken to the facility for disposal into a biohazard red plastic liner, closed trash container. 6. Specimens of blood or other bodily fluids, materials or tissue shall be placed in a container which prevents leakage during collection, handling, processing, storage, transport or shipping. 7. Such materials noted in (F) shall be labeled and color-coded in red prior to being transported, mailed, shipped or stored. 8. Equipment which may be contaminated with blood or other infectious material shall be inspected prior to servicing or reuse. It shall be decontaminated prior to 69continued use, shipping, storage or transportation. 9. Decontamination of equipment and items may be accomplished with a solution of 10% bleach or hot soap and water or undiluted rubbing alcohol, while wearing protective equipment. 10. Personal protective equipment shall be provided to all employees with a potential for exposure to blood and other infectious materials. It shall include the following: a. Gloves made of non-permeable latex of sufficient strength that they do not tear or puncture for the duration of time which the protective equipment is in use. Vinyl gloves are not suitable in most instances, as they tear and puncture easily. b. Gloves shall be single use; they shall not be reused or washed. c. Utility gloves may be washed and reused if the integrity of the rubber is not disrupted (such as heavy rubber gloves used in the cleaning and washing of contaminated cruisers). d. Eye protection in the form of goggles or glasses with solid side shields shall be made available to all designated personnel for protection from situations where there may be droplet spray of blood or other infectious materials. . Shoe covers or boots will be provided and worn in situations where gross contamination can be reasonably expected. f. If @ garment (uniform or over gown) is penetrated by blood or other infectious material, it will be removed immediately or as soon as possible. Cleaning of garment shall be provided by employer at no cost. Garment will be placed in biohazard bag and transported to appropriate laundry or cleaning facility. 11. Work site shall be maintained in clean sanitary manner. Regulated hazardous waste, such as used gloves or contaminated towels, will be disposed of in a red biohazard bag. Contaminated-work surfaces shall be washed down with 10% bleach or alcohol as soon as possible after contamination with blood or other infectious material. 12, Regulated waste containers shall be closeable, lined with a red. biohazard leak-proof sealable bag. This biohazard bag shall be closed prior to removal from the work site and disposed of in accordance with applicable regulations of the United States and Commonwealth of Kentucky. 13, _ Employees having contact with contaminated wastes, contaminated laundry or contaminated vehicles or equipment shall wear protective gloves and, if appropriate, eye protection and surgical face masks (example: in washing down a blood contaminated vehicle, the person working or hosing down the vehicle should wear gloves, goggles and mask). 14. All. protective equipment, laundry of contaminated blood-penetrated 70uniforms, cleaning of equipment and repair of protective equipment shall be provided to the employee at no cost. 15. Protective equipment shall be readily accessible and issued to employees in sufficient quantities to ensure availability. Employees needing specialized gloves for proven allergy to latex or glove powders will be provided with hypoallergenic gloves or glove liners. 16. All spills of blood and blood-contaminated fluids should be promptly cleaned, using an EPA approved germicide or a 1:100 solution of household bleach in the following manner while wearing gloves. Visible material should be removed with disposable towels or other appropriate means that will ensure against direct contact with blood. If splashing is anticipated, protective eyewear should be worn along with an impervious gown or apron which provides an effective barrier to splashes. The area should then be decontaminated with an appropriate germicide. G. Vaccinations: Hepatitis B vaccination will be made available to all employees with exposure levels as defined in '4 (A) and (B) at no cost to the employees 1. Vaccination will consist of three separate injections of hepatitis B vaccine into the deltoid arm muscle. The vaccination shall occur on day 0, day 30 and at 6 months. A post test will be done after the vaccine series has been completed to determine if antibodies have developed, and a booster shot will be given if necessary following the post test. 2. Employees will not be required to accept vaccination; however, employees who decline the vaccination must sign a waiver (Attachment 1). 3. Employees who decline vaccination and subsequently decide to be vaccinated will receive the vaccine at no cost to the employee, provided occupational exposure still exists. 4. Employees who have been previously vaccinated and show immunity through blood antibody testing will not be reimmunized. 5. Newly employed personnel in classes with exposure levels as defined in D. above shall, if applicable, be offered vaccination as soon as practical following employment. H. — Post-Exposure Evaluation: If an employee has a specific job related incident that results in Exposure Incident, a confidential medical evaluation and follow-up will be provided by the city. 1. Employee must report exposure incident to employer immediately. 2. Documentation of route of exposure and circumstances of exposure must 71be written. 3. __ Report of source individual identification shall be included in the report unless not feasible or prohibited by state or local law. 4. Source individual's blood may be drawn under protective precautions, with written permission of source individual, in order to test for HBV and HI. If consent is not obtained, then employer shall establish that legally required consent cannot be obtained. If source individual refuses blood test for HBV and HIV, blood cannot be drawn without permission of the courts under Kentucky law. 5. If source individual is already known to be infected with HBV or HIV, testing of source individual for known infection need not be repeated. 6. Exposed employees' blood shall be collected as soon as feasible after written consent for testing is obtained. 7. __ If exposed employee consents to HBV testing but refuses HIV testing, their serum for HIV testing shall be frozen for 90 days. If within 90 days the employee decides to allow HIV testing baseline, it shall be provided as soon as possible at no cost to the employee. 8. All testing shall be done by a reputable certified laboratory and paid for by the city. 9. Employee blood testing shall be accomplished as follows after written permission to test: a. Baseline blood test for HBV surface antibody (to determine immunity) and HBV and HIV test base line. If HIV baseline is negative, then exposed employee will be retested for HIV in 6 weeks, 12 weeks and 6 months post exposure. b. — If an employee with exposure has not been immunized or not completed all immunizations, they will be given with their permission HBV imme globulin injections, HBV vaccination #1 ABD gamma globulin injection. All testing and injections and follow-up care will be paid for by the city. I Information and Training: 1. All employees with occupational exposure shall participate in a training program on precautions and prevention of HBV and HIV, at no cost to the employee and during working hours 2. Training will be provided for newly employed personnel in classes with exposure levels as defined in ' 4 (A) and (B) as soon as possible following the beginning of employment. 3. Training shall be repeated annually. 72J. Medical Records: 1. Employer will maintain medical records of all vaccinations, post exposure evaluations and health care related to exposure in accordance with 29 CFR 1910.20. 2. Employee training records shall be maintained in accordance with 29 CFR 1910.20. 73HEPATITIS B VACCINATION DECLINATION | understand that due to my occupational exposure to blood and other potentially infectious materials | may be at risk of acquiring hepatitis B virus (HBV) infection. | have been given the opportunity to be vaccinated with HBV vaccine at no cost to me. | decline HBV vaccination at this time. | understand that by declining the vaccine | continue to be at risk of acquiring hepatitis B, a serious and potentially fatal liver infection. If in the future, | continue to have occupational exposure with this employer to blood or other potentially infectious materials and | want to be vaccinated with HBV vaccine, | can receive the vaccination series (three injections over 6 months) at no cost to me. Date: Signature: Typed Name: Witness: Witness: 74Law Enforcement Personnel 1. Law enforcement personnel may face the risk of exposure to blood during the conduct of their duties. For example, at the crime scene or during processing of suspects, law enforcement personnel may encounter blood-contaminated hypodermic needles or weapons, or be called upon to assist with body removal. 2. The following includes information for reducing the risk of acquiring HIV and HBV infection by law enforcement personnel as a consequence of carrying out their duties. There is an extremely diverse range of potential situations that may occur in the control of persons with unpredictable, violent or psychotic behavior; therefore, informed judgment of the individual officer is paramount when unusual circumstances or events arise. These recommendations should serve as an adjunct to rational decision making in those situations where specific guidelines do not exist, particularly where immediate action is required to preserve life or prevent significant injury. a. Fights and assaults: (1) Law enforcement personnel are exposed to a range of assaultive and disruptive behavior through which they may potentially become exposed to blood or other body fluids containing blood. Behaviors of particular concer are biting, attacks resulting in blood exposure, and attacks with sharp objects. Such behaviors may occur in situations including arrests, routine interrogations, domestic disputes, and lockup operations. Hand-to-hand combat may result in bleeding and may thus incur a greater chance of blood-to-blood exposure, which increases the chances for blood-bome disease transmission. (2) Whenever possible exposure to blood or blood-contaminated body fluids exists, the appropriate protection should be wom, if feasible under the circumstances. In all cases, extreme caution must be used in dealing with the suspect or prisoner if there is any indication of assaultive or combative behavior. When blood is present and a suspect is combative or threatening to staff, gloves should always be put ‘on as soon as conditions permit. In case of blood contamination to clothing, an extra change of clothing should be available at all times. b. Cardiopulmonary Resuscitation: (1) _ Law enforcement personnel must be concerned about infection with HIV and HBV through administration of CPR. Although there have been no documented cases of HIV transmission through this mechanism, the possibility of transmission of other infectious disease exists. Therefore, pocket masks with one-way valves will be made available to all officers, and training will be provided in proper use. These masks will prevent the victim's saliva or vomitus from entering the caregiver's mouth. c. Searching and Evidence Handling: (1) Law enforcement personnel have potential risks of acquiring 75HBV or HIV infection through exposures that occur during searches and evidence handling. Penetrating injuries are known to occur, and puncture wounds or needle sticks in particular pose a hazard during searches of persons and/or vehicles, and during evidence handling. The following precautionary measures will help to reduce the risk of infection: (a) Law enforcement personne! should use great caution in searching the clothing of suspects. Individual discretion, based on the circumstances at hand, should determine if a suspect or prisoner should empty his own pockets ar if the officer should use his own skills in determining the contents of the suspect's clothing. (b) Assafe distance should always be maintained between the officer and the suspect. (c) Wear protective gloves if exposure to blood is likely to be encountered. (@) If cotton gloves are to be worn when working with evidence of potential latent fingerprint value at the crime scene, they can be worn over protective disposable gloves when exposure to blood may occur. (e) Always carry a flashlight, even during daylight shifts, to search hidden areas. Whenever possible, use long-handled mirrors and flashlights to search such areas (e.g., under car seats). () _ If searching a purse, carefully empty contents directly from purse by turning it upside down over a table. (@) Use puncture proof containers to store sharp instruments, and clearly marked plastic bags to store other possible contaminated items. Puncture resistant containers will be placed in each cruiser for disposal and transporting of sharps. Also, biohazard plastic bags will be placed in each unit for disposal of contaminated items (gloves, blood contaminated clothing, etc.) If these items are not to be used as evidence, they should be properly disposed of. (h) To avoid tearing gloves, use evidence tape instead of metal staples to seal evidence. (Procedures for evidence handling should be followed. In general, items should be air dried before sealing in plastic. @ _ Law enforcement personnel may confront unusual hazards, especially when the crime scene involves violent behavior such as a homicide where large amounts of blood are present. Protective gloves will be available and worn in this setting. In addition, for very large spills, overalls, aprons, boots or protective shoe covers will be available and should be worn. They should be changed if tom or soiled, and always removed prior to leaving the scene. While wearing gloves, avoid handling personal items such as comb or pen that could become soiled or contaminated. 76(&) Airborne particles of dried blood may be generated when a stain is scraped. It is recommended that protective masks and eyewear or face shields be worn when removing blood stains. () While processing the crime scene, personnel should be alert for the presence of sharp objects such as hypodermic needles, knives, razors, broken glass, nails, or other sharp objects. d. Handling Deceased Persons and Body Removal: (1) For detectives, investigators, evidence technicians, and others who have to touch or remove a body, the response should be the same as for situations requiring CPR or first aid: wear gloves and cover all cuts and abrasions to create a barrier and carefully wash all exposed areas after any contact with blood. The precautions to be used with blood and deceased persons should also be used when handling amputated limbs, hands, or other body parts. Such procedures should be followed after contact with the blood of anyone, regardless of whether they are known or suspected to infected with HIV or HBV. 3. For information related to specific methods of handling and disposal of biohazard materials and decontamination, sterilization, and disinfecting of items, see general information sections of this policy. 7APPENDIX D: DRUG-FREE WORKPLACE POLICY iF The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited within the workplace of the City of West Buechel. (See attached list of drugs with potential for abuse). ll. Employees found to be abusing drugs, but not convicted of any drug statute violation, will be subject to appropriate disciplinary action against such an employee up to and including termination or be required to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes. The employer is not required to pay for this rehabilitation. Il Each employee is required as a condition of employment to abide by the terms of item number |; and notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction; IV. _ The city shall notify the granting agency within 10 days after receiving notice of a conviction under item number Ill (A) from an employee or otherwise receiving actual notice of such conviction. V. The City shall, within 30 days after receiving notice from an employee of a conviction pursuant to item Ill (A) or IV (A), take appropriate disciplinary action against such employee, up to and including termination; VI. The city also assures to make a good faith effort to continue to maintain a drug-free workplace through implementation of items |, Il Ill, [V and V. CERTIFICATION I, do hereby certify that | have read and understand the City of West Buechel's Drug-Free Workplace Policy and have received a copy of the aforementioned policy. Signature Date 79DRUGS WITH POTENTIAL FOR ABUSE, Barbiturates (Nembutal, Seconal, Amytal, Tuinal, etc.) These are central system depressants that are highly addictive both mentally and physically; they have a high potential for causing overdose reactions and severe and dangerous withdrawal complications. Minor tranquilizers (Librium, Valium, etc.) These have an effect similar to barbiturates and alcohol but are less powerful in their effect and less likely to produce physical and psychological dependency, although psychological dependency is still very common among users. Narcotics (Opium, Morphine, Heroin) These are drugs that act upon the central nervous system and parasympathetic nervous system to reduce pain, induce sleep and give a calming effect. They are very physically and psychologically addicting and, because of the haphazard manner in which they are manufactured and sold, frequently are used excessively. Stimulants (Amphetamines, Cocaine) These are drugs that affect the central nervous system, causing increased alertness and activity and bringing on a feeling of confidence and well being. They cause psychological dependency but their ability to cause actual physical dependency is not clear. They can have negative psychological effects when overused. Hallucinogens (LSD, mescaline, psilocybin, PCP, etc.) These drugs act upon the central nervous system and produce changes in perception with accompanying excitement to the user. They are not likely to cause psychological or physical dependency. They are somewhat unreliable in their effect and may cause extreme anxiety reactions or panic ‘states in some users. Marijuana The active ingredient in marijuana is THC, which is sometimes classified as an hallucinogen. The actual amount of this chemical in marijuana is quite low, however, and hallucinations are rare. It generally has an intoxicating effect and may heighten sensory perception, especially auditory perception. There are almost no observable physical effects due to marijuana use. It can produce a psychological dependence somewhat similar to caffeine and has no potential for physical dependence. Volatile substances (gasoline, paint thinner, lighter fluid, airplane glues, etc.) These substances act on the central nervous system and produce an intoxicating effect. They can be extremely dangerous, causing either brain damage or death from overdose. 80APPENDIX E: DRUG AND ALCOHOL TESTING POLICY DRUG AND ALCOHOL TESTING POLICY* A POLICY STATEMENT/OVERVIEW. 1. On February 15, 1994, the United States Department of Transportation (DOT) published the final rules to be effective January 1, 1996, requiring small employers to perform controlled substance (drug)** and alcohol testing of all Commercial Driver License (CDL) holders [i.e., imposing controlled substance (drug) and alcohol testing Tequirements on all employees of the city required to hold a CDL in order to perform assigned job-functions and applicants for positions requiring a CDL.] 2. In order to ensure that its employees may enjoy a safe, healthy and productive workplace, the City of West Buechel earlier enacted a drug-free workplace policy prohibiting the unlewful manufacture, distribution, dispensing, possession or use of prohibited substances (drugs) and alcohol. [See Appendix D] 3. Unless stated otherwise in specific sections, this policy applies to all employees of the city. Throughout this policy, all references to "CDL employees”, CDL job functions, and other references to employees with a CDL shall include employees of the city unless stated otherwise in specific sections. 4. See specific types of testing for employees who are included in each type of testing. 5. __ The city retains the sole right to change, amend, or modify any term or provision of this policy without notice to its employees. B. APPLICABILITY. 1. This policy applies to all employees who operate a commercial vehicle and are required to hold a CDL and applicants for employment in positions requiring a CDL in order to operate a commercial vehicle. (See Appendix A for a listing of positions requiring acDL) 2. — Acommercial vehicle is a vehicle which: (A) Has a gross weight rating of 26,001 pounds or greater; (8) Has @ gross combination weight of 26,001 pounds or greater inclusive of a towed unit with a gross combination weight of more than 10,000 pounds; (C) _ Is designed to carry sixteen (16) or more passengers (including the driver); or *Drug and alcohol testing policy added October 2007 “See Section F.1. for list of applicable controlled substances (drugs). 81(D) Is a vehicle of any size that is used in the transportation of hazardous materials. 3. An “operator of a commercial motor vehicle," or "driver," includes, but is not limited to: (A) _ Full-time, regutarly-employed drivers; (B) Casual, intermittent, or occasional drivers; (C) Leased drivers and independent, owner-operated contractors who: (1) Are directly employed by the city; (2) Are under the lease of the city; or (3) Operate a commercial motor vehicle at the direction of, or with the consent of, the city. (4) For the purpose of pre-employment and/or pre-duty testing, the term "driver" as utilized in this policy includes a person applying to the city to operate a commercial vehicle. 4. Participation in the city's prohibited substance (drug) and alcohol testing program is a requirement of each employee who performs job functions requiring a CDL and, therefore, is a condition of employment or continued employment. C. POLICY ADMINISTRATOR. 1. The Mayor and each Department Director shall be policy administrators. The Mayor shall be responsible for all matters dealing with the implementation and administration of this policy and shall oversee enforcement of all matters contained herein; the Department Directors shall assist the Mayor as directed. 2. Each policy administrator shall receive the required training to observe employees for “reasonable suspicion." (Added October 2007) D. ALCOHOL AND DRUG PROHIBITIONS. 1. Prohibitions relating to alcohol: (A) _ Alcohol includes any intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohol, including methyl or isopropyl alcohol (including prescriptions that contain alcohol such as beverages and medicines.) (8) Anemployee may not: (1) Use alcohol while performing job functions that require the use of a CDL; 82(2) Perform job functions that require a CDL while having an alcohol concentration of 0.02 or greater. [NOTE: The city’s policy prohibits any employee from being under the influence of alcohol at any level while on duty, and employees testing positive for alcohol at any level may be subject to the city's disciplinary action policy (see Personnel Policies and Procedures, and D.5. below)]; (3)__ Use alcohol within four (4) hours before performing job functions that require a CDL; (4) Report for duty or remain on duty to perform job functions requiring a CDL with an alcohol concentration of 0.02 or greater; (5) Possess alcohol, unless the alcohol is manifested and transported as part of a legal shipment, including medicines containing alcohol (whether prescription or over-the-counter), unless the packaging seal is unbroken; (©) __Use alcohol during the eight (8) hours following an accident, or until the employee undergoes a post-accident test; (7) __ Refuse to take a test required under this policy; (8) Tamper with, adulterate, alter, substitute, or otherwise obstruct any testing process required under this policy. 2. Prohibitions relating to drugs. An employee may not: (A) Perform job functions which require a CDL while using any prohibited substances, except when the use is under the instruction of a physician who has advised ‘the driver or operator that the substance does not have the potential to adversely affect the driver's ability to safely operate a commercial vehicle. [NOTE: Employees shall provide written notice from 2 medical professional to their department director or immediate supervisor of any and all medications (both prescription and over-the-counter) that have the potential of affecting the driver's ability to safely operate a commercial motor vehicle; the notice shall include a description of the effects of such substances}; (8) Test positive for any prohibited substance before, during or following duty; (©) Refuse to submit or cooperate with a post-accident, random, reasonable suspicion, or follow-up drug test; and (D) Tamper with, adulterate, alter, substitute, or otherwise obstruct any testing process required under this policy. 3.“ Refusal to submit to drug and alcohol testing. Refusal to submit to required drug or alcohol testing is strictly prohibited and will be considered the same as positive test results. Refusal to submit shall include, but is not limited to: (A) A failure to provide adequate breath for testing without a valid 83medical explanation after the employee has received notice of the requirement for breath testing in accordance with the procedures manual. (8) A failure to provide adequate urine for drug testing without a valid medical explanation after the employee has received notice of the requirement for urine in accordance with the procedures manual. (C) Engaging in conduct that obstructs the testing process, including leaving the scene of an accident to avoid testing or failing to remain available to be tested after an incident requiring post-accident testing. (0) Tampering with or attempting to adulterate the specimen or collection site in the time allotted. 4. Disclosure requirement: (A) Each employee shall notify the Mayor or City Clerk-Treasurer via "confidential" correspondence (1) of any conviction received under any federal or state criminal drug statute, including any statute or regulation pertaining to alcohol and/or drug possession, distribution, use, or sale; or (2) conviction of violation of any statute pertaining to the operation of a motor vehicle while impaired no later than five (5) days after receipt of such notice of conviction. (B) — Within thirty (30) days after receipt of such notice of conviction or upon determination in accordance with policies and procedures of on-the-job use of alcohol or prohibited substances, the Mayor shall: (1) Take appropriate action against such employee, up to and including termination from employment; or (2) Request such employee to satisfactorily enroll in and complete a substance abuse assistance or rehabilitation program as set forth below, at the expense of the employee. (C) _ Failure of any employee to report such convictions shall be cause for immediate dismissal from employment. 5. Consequences of violation of policy: (A) As set forth in this policy, the first violation of either prohibition against alcohol or other prohibited substances (drugs) will result in the employee being referred to a substance abuse professional (SAP). The SAP may determine that the employee shall be absent from work for the purposes of counseling/treatment; in the event that an employee is required to be absent from work, the employee may use sick leave, then vacation leave, then leave-without pay. (8) After an employee tests positive and is removed from the workplace, the employee will be permitted to return to work only after the employee has satisfactorily completed any program recommended by the SAP, and the employee has 84passed a return-to-duty test. However, that employee will be considered to be on "probation" during the first year after returning to duty, and will be subjected to follow-up testing as set forth in this policy. A second “positive” test during the period of probation will result in immediate dismissal. [NOTE: The employee is responsible for total SAP expenses.] (C) _Assecond "positive" test occurring outside of the probationary period will result in review of the total employment history of the employee, with a decision being made by the Mayor regarding any disciplinary action to be recommended, up to and including dismissal. (D) Nothing in this policy shall preclude disciplinary actions for occurrences outside the policy that might be attributed to the use of a prohibited substance (drug) or alcohol. z ALCOHOL AND DRUG TESTING PROVISIONS. Employees covered under the provisions of this policy are subject to drug and alcohol testing in accordance with DOT guidelines. Employees are subject to drug testing at any time the employee is on duty. Employees are subject to alcohol testing anytime that the employee is immediately available to perform a job function which requires a CDL, is actually performing a job function requiring the use of a CDL, or has just performed a job function requiring a CDL. The types of testing are as set forth below: 1. Pre-employment testing (drugs only): [This section applies to all employees. who are required to possess a CDL in order to perform essential functions of the job.] (A) Applicants for employment shall be subject to pre-employment testing for drugs prior to performing job functions requiring a CDL; current employees who enter a position requiring a CDL to perform job functions shall be subject to drug testing prior to entering the position. Neither applicants for employment nor current employees may be assigned to job functions requiring a CDL unless they pass a drug test. (Pre- ‘employment testing may be administered only after a conditional offer of employment has been made in order to comply with other federal regulations regarding privacy, discrimination, hiring practices, etc.) (8) Passing a drug test is a condition of employment and shall be stated in newspaper notices and other forms of vacancy announcements. Applicants must sign a form acknowledging that they know they will be tested. 2. Random testing: [This section applies to all employees who are required to possess a CDL in order to perform essential functions of the job.] (A) Federal Highway Administration (FHWA) regulations require random testing for drugs and alcohol for all employees who perform job functions requiring a CDL. The city will have access to a scientifically-valid, random-number selection method to select employees for testing. Valid methods include the use of a random-number table or a computer-based random-number generator that is matched with employees subject to this policy. At least fifty percent (50%) of the total number of employees with job functions 85requiring a CDL are subject to drug testing and ten percent 10% are subject to alcohol testing annually. A higher percentage may be tested to insure the appropriate percentages are tested, (8) _ Test dates must be spread throughout the year sc that a predictable patter is not established. Testing will be performed on different days of the week and at different times of day throughout the annual cycle. (C) The process must be unannounced as well as random. Once the City Clerk-Treasurer or department director notifies the employee that they have been selected for testing, the employee must report immediately to the collection site as determined by the city. (0) Allemployees in the random pool will have an equal chance of being selected for testing and shall remain in the pool, even after being tested. It is possible for some employees to be tested more than once each year. 3. Reasonable suspicion testing: [This section applies to al employees of the city.] (A) FHWA regulations require employees to submit to a test when the city has reasonable suspicion that an employee has used a prohibited drug or has misused alcohol immediately prior to, during, or immediately after performing job functions requiring a CDL. (8) A referral for testing will be made on the basis of a belief that an employee has been using alcohol or prohibited substances (drugs). Reasonable suspicion referrals for testing will be made on articulable observations concerning the appearance, behavior, speech, or body odors of the employee which characterize prohibited drug use or alcohol misuse. Observations may only be made by administrators, supervisors, or other employees who are trained to detect the sign and symptoms of drug and alcohol use. (C) The following conditions are signs of possible drug or alcohol use, but are not all inclusive: (1) Abnormally dilated or constricted pupils; (2) Flushed face; (3) Change of speech (.e., faster or slower); (4) __ Increased absences or tardiness; (8) Sudden weight loss; (6) Change in personality; (7) Forgetfulness, performance, and/or concentration problems. (8) Borrowing money from co-workers or seeking an advance of pay or other unusual displays for money; Constant fatigue or hyperactivity; (10) Smell of alcohol; (11) Slurred speech; (12) _ Difficulty walking; 86(13) Dulled mental processes; (14) Slowed reaction rate. (0) _ Department directors, supervisors, or other employees must take immediate action if they have reasons to believe that one or more of the above-listed conditions, or any other indicators of substance use or abuse, are indicated. The following actions are required: (1) Confront the employee involved, and keep under direct observation until the situation is resolved. (Secure a policy administrators concurrence to such observations. Job performance and policy violations must be specific. (3) After discussing the circumstances with the supervisor, a policy administrator must arrange to observe’ or talk with the employee. If the policy administrator has a reasonable suspicion, after the observation, that the conduct or performance problem could be due to substance abuse, the employee will be required to immediately submit to a test as required under this policy. If the employee refuses to submit to the testing, for any reason, the employee will be subject to disciplinary action. (4) If, upon confrontation by the supervisor, department director, or policy administrator, the employee admits to use of prohibited substances (drugs) or alcohol but requests assistance, the policy administrator will immediately remove or cause the removal of the employee from the workplace and arrange for the assessment by an appropriate SAP. Retum-to-duty is conditioned upon completing the SAP's recommendations and return-to-duty testing. (5) __ In the event of reasonable suspicion, the policy administrator will remove or cause the removal of the driver from any city-owned vehicle and ensure that the employee is transported to an appropriate collection site, then to the employee's residence or, where appropriate, to a place of lodging. (6) The department director or supervisor shall document the particular facts relating to the behavior or performance problems within twenty-four (24) hours and present that documentation to the Mayor or City Clerk-Treasurer. (€)__A breath alcohol level of 0.02 to 0.039 requires removal from a job which requires a CDL for at least twenty-four (24) hours. A breath alcohol level of 0.04 or greater or a positive drug test requires removal from job functions which require a CDL and referral to an SAP for evaluation and possible treatment. After complying with the recommendations of the SAP, the employee must pass a retur-to-duty test and will be subject to unannounced follow-up testing. 4, _ Post-accident testing: [This section applies to all employees of the city; the definition of “accident” for non-safety sensitive employees may include accidents where vehicles are not involved.] (A) Following an accident involving a commercial vehicle which results in 87a fatality, bodily injury to a person who must receive medical attention away from the scene of the accident, or in which one or more vehicles incur damage estimated to be in excess of $500 by a policy administrator, employees must remain available for testing unless the employee is required to leave the scene for medical attention for injuries or to summon emergency personnel. Except for a fatal accident, verification of the driver's responsibility in the above accident scenarios must be established by a citation of the driver. Nothing in this section should be construed as to require the delay of necessary medical attention for injured persons following an accident. (B) An employee must be tested for aleohol within two (2) hours of the accident and for drugs within thirty-two (32) hours of the accident. The employee may not consume alcohol for eight (8) hours after an accident requiring post-accident testing or until an alcohol test is performed, whichever is first. (For nonfatal accidents involving city vehicles, tests may be waived provided the city determines, using the best information available at the time of the decision, that the employee's performance can be completely discounted as a contributing factor to the accident; the decision to waive the tests, including the reasons not to require the tests, must be documented and placed in the employee's file. (C) A breath alcohol level of 0.02 to 0.039 requires removal from job functions requiring a CDL for at least twenty-four (24) hours. A breath alcohol level of 0.04 or greater or a positive drug test requires removal from performing job functions requiring a CDL and referral to a SAP for evaluation and possible treatment. After complying with the recommendations of the SAP, the employee must pass a return-to-duty test and will be subject to unannounced follow-up testing. 5. Retum to duty testing: [This section applies to all employees of the city.] (A) Before any employee is allowed to return to duty to perform job functions requiring a CDL following a verified positive drug test result, an alcohol result 0.04 or greater, a refusal to submit to a test, or any other activity that violates the regulations, that employee must first: (1) Be evaluated by an SAP to determine whether the employee has followed the SAP's recommendations, and to pass a return-to-duty test; (2) Pass a drug and alcohol test, with negative results on the drug test and an alcohol level of less than 0.02. 6. _ Follow-up testing: [This section applies to all employees of the city.] (A) Once allowed to retum-to-duty, an employee shall be subject to unannounced follow-up testing for at least twelve (12) but not more than sixty (60) months, Frequency and duration shall be recommended by the SAP, as long as a minimum of six (6) tests are performed during the first twelve (12) months after the employee has returned to duty. (B) Employees subject to follow-up testing must also remain in the standard random pool and tested if selected randomly. 88F, TESTING PROCEDURES. 4. Prohibited substance (drug) testing: (A) (1) The city is required to conduct laboratory testing of urine specimens for five (5) types of drugs or their metabolites: (a) Marijuana (b) Cocaine. (©) Opiates (e.g. heroin, morphine, codeine). (4) Pheneyclidine (PCP). (e) Amphetamines (eg. racemic amphetamine, dextroamphetamine, and methamphetamine). (2) The city may elect to conduct laboratory testing for additional drugs for employees in non-safety sensitive positions. (8) All-urine specimens must be collected at an appropriate collection site. A collection site is defined as a place designated by the city where individuals present themselves for the purpose of providing a specimen of their urine to be analyzed for the presence of drugs. Regardless of the collection site location, it will meet the Department of Transportation guidelines established in "Procedures for Transportation Workplace Drug and Alcohol Testing Program" (49 CFR part 40). (C) The urine specimen must be split and poured into two specimen bottles. Employees have the option of having an analysis of the split sample performed at a separate Department of Health and Human Services (DHHS) laboratory should the primary specimen test result be verified positive. The employee has seventy-two (72) hours after being informed by the Medical Review Officer (MRO) of a verified positive test to request a test of-the split sample. The payment of the split sample testing shall be the responsibilty of the employee. (D) All drug testing under the FHWA regulations must be completed in a laboratory certified by the DHHS. (©) All drug testing laboratory results must be reviewed by a qualified Medical Review Officer (MRO) to verify and validate test results. An MRO must be a licensed physician responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. 2. Alcohol testing: (A) Alcohol testing will be made by using National Highway Safety ‘Administration (NHSA) approved evidential breath testing (EBT) devices operated by a trained breath alcohol technician (BAT). 89(8) FHWA regulations prohibit the city from allowing an employee with an alcohol concentration of 0.04 or greater to perform any job function requiring a CDL until the employee has been evaluated by a SAP and has passed a return-to-duty test. An employee with an alcohol concentration of 0.02 or greater but less than 0,04 must be removed from duty for twenty-four (24) hours. (C) An employee with an alcohol level of 0.02 or higher must be re- tested at least fifteen (15) but not more than twenty (20) minutes before the completion of the screening test (D) Alcohol tests should be conducted at a site that provides privacy to the individual being tested. The testing site must be secured with no unauthorized access at any time the EBT is unsecured or when testing is occurring. The BAT must conduct ‘only one test at a time and must not leave the testing site while the preparations for testing or the test itself are in progress. In unusual circumstances (e.g. accident) an alcohol test can be conducted at a place other than an alcohol testing site. The BAT shall conduct the test in a manner that provides the employee with privacy to the greatest extent practicable. G. EFFECTS OF ALCOHOL: 41. Physically, alcohol enters the bloodstream almost immediately, circulates to ‘the brain and all the organs, depresses the central nervous system, slowing thought processes, reflexes, and other physical skills. 2. Mentally, its effects vary. In small doses, the user may feel relaxed, talkative, happy, excited. In larger doses, the person often feels confused, moody, angry, unhappy. Even larger doses result in unconsciousness, coma, even death 3. Dangers include physical harm such as addiction, damage to the brain, liver and other organs, harm to babies whose mothers abuse alcohol during pregnancy, overdose and death. Drinking and driving is the greatest cause of fatal crashes. Alcohol is a major factor in many divorces and in family, school and job problems. Alcohol abuse is often a factor in crimes and violence. HH. CONFIDENTIALITY AND RECORDKEEPING. 1. All records regarding drug or alcohol testing shall be maintained in accordance with federal law, shall be considered confidential, and may not be released except upon signed request or release of the employee, except: (A) Inthe event of a lawsuit; (B) _ Inthe event of a claim, grievance or other proceeding initiated by or on behalf of the employee arising from the results of an alcohol or prohibited substance (drug); or (©) Atthe request of the Department of Transportation. 2. Records shall be maintained for the appropriate one, two and five year 90periods of time as required under 49 CFR, and shall be filed with the Department of Transportation as required annually or upen request. 3. Federal regulations require that all prospective employers obtain information from previous employers regarding a potential employee's prior alcohol test with a result of 0.04 or higher, positive prohibited substance (drug) test, or refusal to test during the previous two (2) year period. The prospective employer must obtain this information within the first fourteen (14) days of employment. If such information cannot be obtained, the employee may not continue to perform such job functions requiring a CDL. If it is discovered that an employee had tested 0.04 or higher for alcohol, or tested positive on a drug test, during the two (2) year period, the city shall not allow that employee to perform job functions requiring a CDL until proof is obtained of an evaluation by an SAP, and the employee has successfully completed the required return-to-duty test £ COORDINATION OF DRUG AND ALCOHOL TESTING POLICY WITH OTHER FEDERAL AND STATE LAWS AND CITY POLICIES. This policy shall be administered in compliance with other federal and state laws and administrative regulations, and city policies relating to employee health and welfare. J. AMENDMENTS. This policy is subject to amendment by the city as the needs arise. Copies of the amendments to this policy will be provided to all affected employees upon adoption. K. RESPONSIBLE PARTIES: PROGRAM ADMINISTRATORS: Mayor City Clerk-Treasurer Department Directors MEDICAL REVIEW OFFICER: SUBSTANCE ABUSE PROFESSIONAL (SAP) 91DRUG AND ALCOHOL POLICY LISTING FOR SAFETY-SENSITIVE CLASSES/POSITIONS The following classes may require Commercial Drivers Licenses; however, in the event that a class includes more than one position, some positions may not require the Commercial Drivers license. (See list of persons in random testing pool for current employees subject to this policy.) Classification Attachment A. 93,CONFIRMATION OF RECEIPT OF POLICY k , the undersigned employee of the City of West Buechel, certify the following through my signature below: 1. [have received a copy of the Commercial Vehicle Operators’ Drug and Alcohol Testing Policy. 2. | have read that policy and understand that as a condition of my continued employment, | shall be subject to all provisions therein at all times during my employment with the City of West Buechel. 3. | hereby give my consent to the City of West Buechel, and any designated clinic, doctor, hospital, medical professional, or laboratory designated by the city, to perform any and all appropriate tests for the detection of alcohcl and/or prohibited substances (drugs). 4. I give my consent to the release to the city, or its designated agents, of the results of any medical tests or procedures utilized for the detection of alcohol and/or prohibited substances (drugs). 5. | agree to submit to a physical assessment by the City of West Buechel designated SAP, if warranted. 6. | understand that my refusal to sign this form constitutes an immediate violation of the policy, and for that refusal | will not be considered for and waive any possibility of employment or continued employment with the City of West Buechel. Employee's Signature Date Employee's Name (Printed) *A copy of this consent form shall be considered valid as the original. Attachment B 94CITY OF WEST BUECHEL Pre-Employment Testing Notice to Applicant YOUR APPLICATION WILL BE CONSIDERED INCOMPLETE IF THIS NOTICE IS NOT SIGNED AND DATED! | hereby acknowledge that | will be given pre-employment drug and alcohol tests Further, | am aware that | will not be offered employment or assigned to any position which requires a Commercial Drivers License unless | pass these tests. Signed: Date’ Attachment C 95[Please send by registered or certified mail to each previous employer listed by the applicant over the past two years] Date: TO WHOM IT MAY CONCERN: The Federal Highway Administration regulations require the City of West Buechel to obtain the results of drug and alcohol tests within the past two years for new employees whose duties and responsibilities require a Commercial Drivers License. The attached signature of , a former employee of your orgarization, authorizes the release of the information to us, We are required to obtain the information by _(date) (two weeks from the date of hire); therefore, your immediate attention to this request is greatly appreciated Sincerely, Name Title Enclosure Attachment D.TO WHOM IT MAY CONCERN: You are hereby authorized to release the results of any of my drugs and/or alcohol tests to the City of West Buechel, Kentucky, for the past two years. (A copy of this signature shall be considered valid as the original.) Signature Date Printed or Typed Name Attachment E 7APPENDIX F! TEMPORARY LIMITED DUTY POLICY The city has established a program to assist employees in the event of injury or illness, either on or off the job, by offering temporary limited duty when employees are unable to perform regularly assigned duties and responsibilities. All TLD assignments shall be subject to the following: ‘A. This program is intended to provide temporary limited duty; in no way is it intended to be a permanent duty assignment. B. TLD assignments (either part-time or fulltime) may be made only if meaningful work is available, and the assignment shall be terminated immediately upon approval for the employee to return to regular duties and responsibilities by a medical professional. if meaningful work is available, any of the following arrangements may be made: 1 Employees may return to their regular job with alterations in duties; 2. Employees may be assigned limited duty within the same department; or 3, Employees may be assigned to duties in another department. C. Assignments: 1. All TLD assignments shall be determined in advance by the employee's Department Director, and shall be approved by a medical professional and the Mayor prior to the beginning of the TLD assignment. 2. Work-related TLD has priority over non-work related TLD for assignments in the event that there are a limited number of TLD assignments. 3. If there are no TLD assignments available, non-work related TLD employees shall be required to utilize accrued sick, vacation, compensatory and/or holiday leave time, or time-off-without-pay if accrued leave is exhausted until an assignment is available. Employees on time-off without pay status as a result of non-work related injury or iliness shall not accrue benefits, and shall be responsible for total insurance costs. 4. a. __ Employees assigned to TLD shall report to duty at the assigned time and location, and perform duties as determined in advance. The hourly rate of pay shall remain unchanged during TLD assignments. b. Requests for leave shall be made in advance directly with the assigned supervisor, including vacation leave, time off for appointments with medical professionals, etc. c Pay checks shall be picked up in the assigned department 99unless alternate arrangements are made prior to payday D. Time elements: 1. Non-work related: a. —_Non-work related TLD shall not exceed ninety calendar days; at the end of ninety days, employees may request the use of accrued sick and vacation leave, or may request leave without pay. b. Forty-five calendar days into the TLD program, employees must present a current statement from a medical professional with an estimated date of return to regular duty in order to continue in the TLD assignment. c. Employees on non-work related TLD assignments shall utilize sick leave for all medical appointments. d. Prior to returning to full duty, a statement from a medical professional is required which gives full release for the employee to perform all essential Job functions. 2 Work-related: a. Upon assignment, work-related TLD shall not exceed 180 calendar days unless approved.in advance by the Mayor, at least each 45 days employees on TLD shall present a current statement from a medical professional with an estimated date of return to regular duty. b, Employees on work-related TLD shall be entitled to up to 4 hours each week for medical appointments; therapy visits must be approved in advance, and documentation of visits must be presented to the assigned Department Director. c. Prior to returning to regular duty, a statement from a medical professional is required which gives full release for the employee to perform all essential functions. E. Any time during the period of injuryfliness an employee believes that he/she will never again be able to perform the essential functions of his/her classification, the employee should seek counseling from the Department Direclor and/or Human Resources Officer regarding employment alternatives, including, but not limited to: 1. Seek a lateral transfer to a position where such duties can be performed, provided a vacancy exists and the employee meets the qualifications for the position. 2. Apply for another position more compatible with the employee's physical condition, provided a vacancy exists and the employee meets the qualifications for the position. 1003. Apply for voluntary demotion to a vacant position, provided the employee meets the qualifications for the position. 4 If disability warrants, submit application to CERS and/or Social Security. 5. Seek employment outside the city service before TLD time has expired. 401AGREEMENT It is not the intent of this policy to “create work.” Should productive appropriate work not be available, then the employee will not be allowed to return to work until able to perform regular duties in accordance with the provisions set forth in this policy. Since each circumstance and situation is different, each situation should be carefully reviewed in order to proceed consistently and yet consider both the individual situation and rights, as well as the city’s rights and needs, to remain fully staffed and productive. | have read the above and fully understand and agree to comply with the guidelines set forth herein (see attached duties to be assigned during TLD period.) TLD Employee's Signature Date Medical Professional's Signature Date Assigned Department Directors Signature Date Mayors Signature Date Complete and submit this section to the Mayor with the appropriate accompanying medical professional's notes) when an employee is placed on or relieved of TLD. Name:, Department: Employee Classification: Date lliness/Injury Occurred: Date of Beginning of TLD: Date Expected to Return to Regular Duty: Submitted by: ate: Work Related: _Yes / No cc: TLD Employee / Department Director / Employee File 102PAY/CLASSIFICATION PLAN 117118AUTHORIZED POSITIONS The following are hereby adopted as class title and grade; the number of authorized positions shall be included in the annual budget ordinance: Class Title Grade City Clerk-Treasurer 32 Assistant City Clerk 24 Police Chief 36 Assistant Police Chief 32 Police Lieutenant 30 Police Sergeant 28 Police Officer It 28 Police Officer | 25 Police Officer Recruit 24 Maintenance Supervisor 26 Maintenance Worker 24 NOTE: Probationary, part-time, temporary, seasonal and assigned employees may be paid an amount less than the minimum salary designated for each class/grade 119CITY OF WEST BUECHEL SALARY SCALE (FY 07-08) Grade Min. Max. Grade Min, Max. 1 41,357 18,171 27 24,780 30,665 548 B74 11.92 19.07 12 11,925 19,079 28 26,030 41,648, 5.73 9.17 12.51 20.02 13 12,621 20,033 29 27,331 43,730 6.02 9.63 13.14 21.02 14 13,147 21,035 30 28.698 45,917 632 10.11 13.80 22.08 15 13,804 (22,087 3 30,133 48,213 664 10.62 1449 23.18 16 14,494 23,191 32 31,640 50,623, 6.97 11.15 15.21 24.34 7 15.219 24,351 33 33,222 83,155 73200 14.74 1597 25.66 18 15,980 25,568 34 34,883 55,812 768 1229 1677 26.83 19 1679 26,847 35 36,627 58,603 807 12.91 1761 28.17 20 17618 28,189 36 38,458 61,533 8.47 13.55 18.49 29.58 2 18,499 29,508 37 40,381 64,610 8.89 14.23 19.41 31.06 22 19,424 31,078 38 42,400 67,840 934 14.94 20.38 © 32.62 23 20,395 32,632 39 44,520 71,282 981 15.69 2140 34.25 24 21415 34,264 40 46,746 74,794 10.30 16.47 22.47 35.96 25 22,486 35,977 a 49,083 78,533 1081 17.30 2380 37.78 26 23,610 37,776 42 81,538 62,480 11.35 18.16 24.78 39.64 *5% between grades; 60% from minimum to mazimum within grade. “Annual Salary Based on 40 Hour Work Week [2080 hours per year.] [The next page is 123] 120POSITION DESCRIPTIONS. 123POSITION DESCRIPTIONS. 123CITY OF WEST BUECHEL POSITION DESCRIPTION Class Title: City Clerk-Treasurer Supervisor: Mayor Supervises: Assistant City Clerk Class Characteristics: Under general administrative direction, records, maintains and attests to official records of the city; serves as custodian of the seal of the city; mails out Notices for and receives payment for taxes, licenses, fees, and other revenues: prepares checks for all expenditures, including payroll; supervises office staff; performs related work as required. General Duties and Responsibi (Illustrative Only): Essential: 1. Prepares agenda for and attends regular and special Council meetings. 2. Prepares and maintains complete and accurate minutes of Council proceedings, and records them in appropriate books. . Files and maintains all records of the city. Serves as custodian of the seal of the city. Insures that all ordinances meet publication requirements. Insures that ordinances are codified as required. Assists in the preparation and administration of annual budget. Administers purchase order system. 9. Prepares bid specifications. 10. Supervises and/or assists in the preparation, proofing and mailing of notices for taxes, licenses, fees, and other city revenues; collects payments and writes receipts; makes daily bank deposits. 11. Forwards delinquent accounts for collection. 12. _ Maintains accurate accounts receivable and accounts payable records. 13. Prepares all checks for city expenditures after checking invoices for accuracy; insures that all expenditures are charged to correct fund and/or department. 14. Balances and reconciles bank statements. 15. _ Receives employee time cards and prepares payroll checks; administers employee benefits program; forwards required withholdings and/or necessary forms to state and fedcral agencies. 16. Maintains personnel records for all city employees. 17. _ Insures that required monthly, quarterly, and/or annual reports are prepared for federal, state and local agencies, and the City Council. 18. Prepares offense and accident reports for the police department. 19. Collects parking ticket fines; post citations and forward as necessary. 20. Requisitions supplies for the office. 21. Types correspondence for Mayor and Council. 22. Receives inquiries and/or complaints from the public and attends to their disposition or forwards to appropriate personnel. 125 PNOMRE23. — Answers questionnaires and surveys. Non-essential: None, MINIMUM QUALIFICATIONS ‘Training and Experience: Graduation from high school or equivalent supplemented by two. years directly related work experience; additional education may be substituted for required work experience on a year-for-year basis Special Knowledge, Skills and Abilities: Knowledge: 1. Thorough knowledge of the legal requirements relating to the recording and preservation of official minutes and records. 2. Thorough knowledge of the parliamentary procedures for Council meetings. 3. Thorough knowledge of the theories and practices of municipal fiscal administration and accounting. Thorough knowledge of computer hardware and applicable software. 5. Thorough knowledgé of laws and ordinances governing fiscal record keeping, accounts receivable and payable, payroll preparation and distribution, and required reports. 6. Thorough knowledge of banking practices. 7. Knowledge of modern office practices, procedures, and equipment Skills: 1. Skill in the use of computers and other office equipment. Abilities: Ability to supervise office staff. Ability to efficiently use computer equipment. Ability to type. Ability to make arithmetic calculations accurately and efficiently. Ability to prepare and maintain records efficiently and accurately. Ability to communicate effectively, orally and in writing. Abilty to deal tactfully with the public. Ability to establish and maintain effective working relationship with city officers and employees, and the general public. PNOARwNa ADDITIONAL REQUIREMENTS, Special_Licensing Requirements: Must possess and maintain a valid Commonwealth of Kentucky driver's license. Availability: Must be able to attend occasional evening meetings. Bonding Requirements: Must meet bonding requirements. 126Instructions: Very general; must use own judgment most of the time. Processes: Must occasionally consider different courses of action, or deviate from standard procedures, to get the job done. Review of Wor work is not reviewed. : The Mayor may review some completed work; however, most Analytical Requirements: Problems require analysis based on precedent. Contacts: Frequent public and private contacts requiring tact and diplomacy. Confidential Information: Regular use of confidential information. Mental Effort: Moderate/heavy. Interruptions: Constant. Physical Demands: Work is typically performed in an office, sitting at a desk or table; lifting light objects (up to 25 pounds) is a requirement of the job. Overtime Provision: Non-exempt. 127moo o oO oo fe 128CITY OF WEST BUECHEL POSITION DESCRIPTION Class Title: Assistant City Clerk Supervisor: City Clerk-Treasurer Supervises: None Class Characteristics: Under general administrative supervision, performs secretarial duties for executive and administrative personnel; assists in preparing and maintaining official records of the city: assists in preparing and mailing notices for and collection of city revenues; performs related work as required. General Duties and Responsibilities (Illustrative Only): Essential: 1. Assists in preparing agenda for Council meetings, and recording and maintaining official minutes of Council proceedings. Assists in maintaining permanent city records. 3. Types correspondence, ordinances, resolutions, minutes, forms, contracts, reports, etc., for executive and administrative personnel from rough drafts; proofs for accuracy; maintains accurate files. 4. Types offense and accident reports for police department. 5. Picks up and distributes mail; prepares materials for mailing. 6. Prepares and delivers deposits to bank. 7. Serves as receptionist for the city; answers telephone, greets visitors, accepts inquiries and/or complaints from the public and attends to their disposition or forwards to appropriate personnel. 8. Assists in the preparation, proofing, and mailing of notices for taxes, licenses, fees, utility billings, and other city revenues; accepts payments and writes receipts; assists with accounts receivable and payable books, including writing checks as directed 9. Prepares licenses or permits after receipt of payment. Non-essential: None. MINIMUM QUALIFICATIONS Training and Experience: Graduation from high school or equivalent; no previous work experience requirements. Special Knowledge, Skills and Abilities: Knowledge: 1. Knowledge of, or ability to learn, legal requirements relating to recording and preservation of official minutes and records. 1292. Knowledge of, or ability to learn, parliamentary procedures. 3. Knowledge of local government operations. 4. Knowledge of, or ability to lear, the principles and practices of fiscal administration and accounting. 5. Knowledge of modem office practices, procedures, equipment and record keeping systems. 6. Knowledge of business English, spelling and arithmetic. Skills: 4. Skill in the use of computers and other office equipment. Abilities: 1. Ability to prepare and maintain records efficiently and accurately, and to prepare clear and concise reports 2. Ability to type accurately. 3. Ability to use mature judgment, courtesy and tact in dealing with the public in person and on the telephone. 4. Ability to establish and maintain effective working relationship with city officers and employees, and the general public. ADDITIONAL REQUIREMENTS ‘Special Licensing Requirements: None. Availability: Must occasionally attend evening meetings in the absence of the City Clerk-Treasurer. Bonding Requirements: Must meet bonding requirements. Instructions: Most instructions are detailed and specific; however, must use own judgment much of the time. : Work varies slightly and seldom required to take different, new or unusual approaches in completing work. Review of Work: Most completed work is reviewed. ‘Analytical Reauirements: Problems require analysis based on precedent. Contacts: Frequent public and private contacts requiring tact and diplomacy. Confidential Information: Regular use of confidential information. Mental Effort: Moderate/heavy. Interruptions: Constant. 130Physical Demands: Typically sitting at desk; lifting light objects (up to 25 pounds) is @ requirement of the job. Overtime Provision: Non-exempt. 131CITY OF WEST BUECHEL POSITION DESCRIPTION Class Title: Police Chief ‘Supervisor: Mayor Supervises: All Personnel Assigned to Department Class Characteristics: Under general administrative direction, plans, organizes, directs, coordinates and evaluates all activities and programs of the department; performs police duties during regularly assigned shift; performs related work as required. General Duties and Responsibilities (Illustrative Only): Essential: 1. Plans, organizes, directs, coordinates and evaluates all activities and programs of the department to provide continuous security for the city by enforcing state and federal laws and local ordinances. 2. Formulates and implements departmental policies and procedures after consultation with higher authority. 3. Assists in preparation and administration of departmental budget 4. Prepares and authorizes work schedules; signs departmental time cards. 5. _Insures that criminal, traffic, and other reports are accurately prepared and maintained on all police activities. 6. Confers with other govemments and governmental agencies on police issues. 7. _ Insures the proper use of police cruisers and other departmental equipment, including preventive maintenance. 8 Requisitions supplies and equipment for the department. 8. Attends City Council meetings; reports on departmental activities as requested. 10. Receives complaints from the general public. 11. Patrols the City on foot and in cruiser on regularly scheduled shift. 12. Directs traffic as necessary. 13. Responds to all calls received during scheduled shift; investigates and prepares accurate reports. 14. Makes arrests; transports prisoners; appears in court when required. 15. _ Issues parking violations. 16. Operates radar equipment. 17. __ Responds to all major accidents and/or law violations; takes command upon arrival at the scene. Non-essential: None. MINIMUM QUALIFICATIONS Training and Experience: Graduation from high school or equivalent supplemented by five 133years responsible professional law enforcement experience. Additional education may be substituted for work experience requirement on a year-for-year basis up to a maximum of two years. [See Training Requirements below for additional requirements.) Special ills and Abilities: Knowledge: 1. Extensive knowledge of principles and procedures of modern police administration and practices. Extensive knowledge and application of federal, state and local laws and ordinances. 3. Extensive knowledge of the geography of the city. 4. Knowledge of police operations as applied to patrol, traffic control, and investigations. Skills: t Skill in the use of firearms. Abilities: 1. Administrative, supervisory and analytical abilities. 2. Ability to analyze complex police problems and to adopt quick, effective and reasonable courses of action with regard to surrounding hazards and circumstances. 3. Ability to establish and maintain effective working relationships with other police deparimentslagencis, city officers and employees, and the general public. Abilty to deal courteously but firmly with the public. & Abily to communicate effectively, orally and in writing. 6. Ability to prepare and/or supervise the preparation and maintenance of accurate reports. ADDITIONAL REQUIREMENTS Special Licensing _Reauirements: Must possess and maintain a valid ‘Commonwealth of Kentucky driver's license. Availability: Must be able to work irregular hours, and respond to calls at all hours. Must be able to attend meetings during evenings and weekends. Training Requirements: Must have completed required basic training; or have ability to complete required basic training within one year after appointment; must complete required training each year. Bonding Requirements: Must meet bonding requirements. KRS Reauirements for Police Officers: See KRS 95 for additional requirements. Instructions: Very general; must use own judgment most of the time. 134Processes: Must occasionally consider different courses of action, or deviate from standard procedures, to obtain effective results. Review of Work: Most work is not reviewed. Analytical Requirements: Assignments involve decisions based on a wide knowledge of many factors where application of advanced or technical concepts is tequired, Contacts: Constant public contacts requiring tact, diplomacy and expert knowledge. Confidential Information: Regular use of reliable confidential information. Mental Effort: Moderate/heavy, Interruptions: Constant, Physical Demands: Work involves some sitting at desk; however, driving vehicle in emergency situations during all weather conditions is a requirement; must have physical abilty to arrest persons, including control of persons resisting arrest. Must have mobility to walk or stand for long periods of time; exposed to confined spaces, high places, fumes and other chemicals, etc., as a regular aspect of the job. [Also see POPS Standards and ‘state mandates.) Additional Information: Supplemental pay may be appropriate in conjunction with ‘special enforcement programs (i.., grant funded projects, etc.) Overtime Provision: Exempt. 135,CITY OF WEST BUECHEL POSITION DESCRIPTION Class Title: Assistant Police Chief Supervisor: Police chief Supervises: All Personnel Assigned to Department in the absence of the Police Chief Class Characteristics: Under general administrative direction, assists the Police Chief with planning, organizing, directing, coordinating and evaluating all activities and programs of the department; performs police duties during regularly assigned shift; performs related work as required. General Duties and Responsibilities (Illustrative Only) Essential: 1. Assists the Police Chief with planning, organizing, directing, coordinating and evaluating all activities and programs of the department to provide continuous security for the city by enforcing state laws and local ordinances. 2. Assists with formulating and implementing departmental policies and procedures. 3. Assists in preparation and administration of departmental budget. 4. __ Assists with preparing and authorizing work schedules; signs departmental time cards in the absence of the Police Chief. 5. _ Insures that criminal, traffic, and other reports are accurately prepared and maintained on all police activities. 6. May confer with other governments and governmental agencies on police issues. 2, Assists with insuring the proper use of police cruisers and other departmental equipment, including preventive maintenance. 8. Requisitions supplies and equipment for the department. 9. Attends City Council meetings and reports on departmental activities as requested in the absence of the Police Chief. 10. Receives complaints from the general public and attends to their disposition or forwards to the Police Chief. 11. Patrols the city on foot and in cruiser on regularly scheduled shift. 12. _ Directs traffic as necessary. 13. Responds to all calls received during scheduled shift; investigates and prepares accurate reports. 14. Makes arrests; transports prisoners; appears in court when required, 15. _ Issues parking violations 18. Operates radar equipment. 17. _ Responds to all major accidents and/or law violations; takes command upon arrival at the scene. Non-essential: None. 137MINIMUM QUALIFICATIONS, Training and Experience: Graduation from high school or equivalent supplemented by four years responsible professional law enforcement experience.; additional education may be substituted for experience requirement on a year-for-year basis up to a maximum of two years. [See Training Requirements below for additional requirements.] Special Knowledge. Skills and Abilities: Knowledge: 1. Thorough knowledge of principles and procedures of modern police administration and practices. 2. Thorough knowledge and application of federal, state and local laws and ordinances. 3. Thorough knowledge of the geography of the city. 4. Knowledge of police operations as applied to patrol, traffic control, and investigations. Skills: 1 ‘Skill in the use of firearms. Abilities: 1. Administrative, supervisory and analytical abilities, 2. Ability to analyze complex police problems and to adopt quick, effective and reasonable courses of action with regard to surrounding hazards and circumstances. 3. Abllity to establish and maintain effective working relationships with other police departments/agencies, city officers and employees, and the general public. 4. Ability to deal courteously but efficiently with the public. 5. Ability to communicate effectively, orally and in writing. 6. Ability to prepare and/or supervise the preparation and maintenance of accurate reports. ADDITIONAL REQUIREMENTS: Special_Licensing Reauirements: Must possess and maintain a valid Commonwealth of Kentucky driver's license. Availability: Must be able to work irregular hours, and respond to calls at all hours. Must be able to attend occasional evening meetings. Training Requirements: Must have completed required basic training; must complete required training each year. Bonding Requirements: Must meet bonding requirements. KRS Requirements for Police Officers: See KRS 95 for additional requirements. 138Instructions: Very general; must use own judgment most of the time. Processes: Must occasionally consider different courses of action, or deviate from standard procedures, to obtain effective results. Review of Work: Most work is not reviewed. Analytical_Requirements: Assignments involve decisions based on a wide knowledge of many factors where application of advanced or technical concepts is required. Contacts: Constant public contacts requiring tact, diplomacy and expert knowledge. Confidential Inform: 5 Regular use of confidential information. Interruptions: Constant. Physical Demands: Work involves some sitting at desk; however, driving vehicle in emergency situations during all weather conditions is a requirement; must have physical ability to arrest persons, including control of persons resisting arrest. Must have mobility to walk or stand for long periods of time; exposed to confined spaces, high places, fumes and other chemicals, etc., as a regular aspect of the job. [Also see POPS Standards and state mandates.] Overtime Provision: Non-exempt. 139CITY OF WEST BUECHEL POSITION DESCRIPTION Class Title: Police Lieutenant Supervisor: Police Chief Supervises: All Personnel Assigned to Shift; All Departmental Personnel in the Abeence of a Higher Authority Class Characteristics: Under general direction, assists with activities and programs of the department; assumes responsibilty for the department in the absence of a higher authority; performs duties in enforcing federal, state and local laws and ordinances: performs related work as required. General Duties and Responsibilities: Essential: 1. Assists with activities and programs of the department as requested; assumes responsibilty for the department in the absence of a higher authority. 2, Patrols the city on foot and in cruiser during assigned shit enforcing federal, state and local laws and ordinances, Issues court citations for violations; appears in court when necessary. 3. Makes arrests and transports prisoners. 4. Controls traffic at school crossings, accidents, fires, parades, funerals, etc. 5. Secures the scene of crimes and accidents, conducts preliminary investigations, gathers evidence, interviews witnesses, and prepares acourate reports. 6. Performs investigative duties when necessary, 7. Provides security for businesses and homes as requested. 8. Assists in emergency situations; may administer first-aid. 9. _ Issues parking violations. 10. ~ May operate radar equipment. Non-essential: None. MINIMUM QUALIFICATIONS Training and Experience: Graduation from high school or equivalent ‘supplemented by four years responsible professional law enforcement experience; additional education may be substituted for experience requirement on a year-for-year basis up to a maximum of two years. Special Knowledge, Skills and Abilities: Knowledge: 1. Thorough knowledge of principles and procedures of modem police administration and practices. 1412. Thorough knowledge and application of federal, state and local laws and ordinances. 3. Thorough knowledge of the geography of the city. 4. Knowledge of police operations as applied to patrol, traffic control, and investigations. 4. Skillin the use of firearms. Abilities: 1. Ability to analyze complex police problems and to adopt quick, effective and reasonable courses of action with regard Police to surrounding hazards and circumstances. 2. Ability to establish and maintain effective working relationships with other police deparments/agencies, city officers and employees, and the general public. 3. Ability to deal courteously but firmly with the public. 4. Ability to communicate effectively, orally and in writing. 5. Ability to prepare and/or supervise the preparation of accurate reports. ADDITIONAL REQUIREMENTS Special_Licensing Requirements: Must possess and maintain a valid Commonwealth of Kentucky driver's license. Availability: Must be able to work irregular hours, and respond to calls at all hours. Training Requirements: Must have completed required basic training, and must complete required training each year. Bonding Requirements: Must meet bonding requirements. KRS Requirements for Police Officers: See KRS 96 for additional requirements, Instructions: Very general; must use own judgment most of the time. Processes: Must occasionally consider different courses of action, or deviate from standard procedures, to obtain effective results. Review of Work Most work is not reviewed. Analytical Requirements: Assignments involve decisions based on a wide knowledge of many factors where application of advanced or technical concepts is required. Contacts: Frequent public and private contacts requiring tact, diplomacy and expert knowledge. Confidential Information: Regular use of reliable confidential information. 142Mental Effort: Moderate/heavy. Interruptions: Constant. Physical Demands: Work involves some sitting at desk; however, driving vehicle in emergency situations during all weather conditions is a requirement; must have physical ability to arrest persons, including control of persons resisting arrest. Must have mobility to walk or stand for long periods of time; exposed to confined spaces, high places, fumes and other chemicals, etc., as a regular aspect of the job. [Also see POPS Standards and state mandates] Overtime Provision: Non-exempt. 143144CITY OF WEST BUECHEL POSITION DESCRIPTION Class Title: Police Sergeant Supervisor: Police Chief, Assistant Police Chief, or Police Lieutenant Supervises: All Personnel Assigned to Shift Class Characteristics: Under general direction, assists with activities and programs of the Department; assumes responsibility during assigned shift; performs duties in enforcing federal, state and local laws and ordinances; performs related work as required. General Duties and Responsibilities: Essential: 1. Assists with activities and programs of the Department as requested; assumes responsibilty during assigned shift in the absence of a higher authority. 2. Patrols the city on foot and in cruiser during assigned shift enforcing federal, ‘state and local laws and ordinances. 3. Issues court citations for violations; appears in court when necessary. 4. Makes arrests and transports prisoners. 5. Controls traffic at school crossings, accidents, fires, parades, funerals, etc. 6. Secures the scene of crimes and accidents, conducts preliminary investigations, gathers evidence, interviews witnesses, and prepares accurate reports. 7. Performs investigative duties when necessary. 8 Provides security for businesses and homes as requested. 9. Assists in emergency situations; may administer first-aid. 10. Issues parking violations. 11. May operate radar equipment. Non-essential: None. MINIMUM QUALIFICATIONS Training and Experience: Graduation from high school or equivalent supplemented by three years responsible professional law enforcement experience; additional education may be substituted for experience requirement on a year-for-year basis up to a maximum of two years. Special Knowledge, Skills and Abilities: Knowledge: 1. Thorough knowledge of principles and procedures of modem police administration and practices. 2. Thorough knowledge and application of federal, state and local laws and ordinances. 1453. Thorough knowledge of the geography of the city. 4. Knowledge of police operations as applied to patrol, traffic control, and investigations. Skills: 1. Skill in the use of firearms. Abilities: 1. Ability to analyze complex police problems and to adopt quick, effective and reasonable courses of action with regard to surrounding hazards and circumstances. 2. Ability to establish and maintain effective working relationships with other police depart ments/agencies, city officers and employees, and the general public. 3. Ability to deal courteously, fimly and efficiently with the public. 4. Ability to communicate effectively, orally and in writing. 5. Ability to prepare and/or supervise the preparation of accurate reports. ADDITIONAL REQUIREMENTS Special_Licensing Requirements: Must possess and maintain a valid Commonwealth of Kentucky driver's license. Availability: Must be able to work irregular hours, and respond to calls at all hours. Training Requirements: Must have completed required basic training, and must complete required training each year. Bonding Requirements: Must meet bonding requirements. KRS Requirements for Police Officers: See KRS 95 for additional requirements. Instructions: Very general; must use own judgment most of the time. Processes: Must occasionally consider different courses of action, or deviate from ‘standard procedures, to achieve effective results. Review of Work: Most work is not reviewed. Analytical Requirements: Assignments involve decisions based on a wide knowledge of many factors where application of advanced or technical concepts is required. Contacts: Frequent public and private contacts requiring tact, diplomacy and expert knowledge. Confidential Information: Regular use of reliable confidential information. Mental Effort: Moderate/heavy. 146Interruptions: Constant. Physical Demands: Work involves some sitting at desk; however, driving vehicle in emergency situations during all weather conditions is a requirement; must have physical abilty to arrest persons, including control of persons resisting arrest. Must have mobility to walk or stand for long periods of time; exposed to confined spaces, high places, fumes and other chemicals, etc., as a regular aspect of the job. [Also see POPS Standards and state mandates ] Overtime Provision: Non-exempt. 147148CITY OF WEST BUECHEL POSITION DESCRIPTION Class Title: Police Officer I Supervisor: Police Lieutenant or Sergeant Supervises: May Supervise Shift Personnel in Absence of Higher Ranking Officer ics: Under general direction, performs police duties in enforcing federal and state laws and local ordinances; performs related work as required. General Duties and Responsibilities: ssential: Class Characteri 1. __ Patrols the city on foot and in cruiser during assigned shifts enforcing federal and state laws and local ordinances. 2. Issues court citations for violations; appears in court when necessary. 3. Makes arrests and transports prisoners. 4, Controls traffic at school crossings, accidents, fires, parades, funerals, etc. 5. Secures the scene at crimes and accidents, conducts preliminary investigations, interviews witnesses, gathers evidence and prepares accurate reports. 6. Performs investigative duties when necessary. 7. Provides security for businesses and homes as requested. 8. Assists in emergency situations; may administer first-aid, 9. Issues parking violations. 10. Operates radar equipment. Non-essential: None. MINIMUM QUALIFICATIONS. ‘Training and Experience: Graduation from high school or equivalent supplemented by three years responsible professional law enforcement experience. [See Training Requirements for additional requirements.] Special Knowledge, Skills and Abilities: Knowledge: 1. Knowledge of principles and procedures of modem police practices. 2. Knowledge of application of federal, state and local laws and ordinances. 3. Considerable knowledge of the geography of the city. 4. Knowledge of police operations as applied to patrol, traffic control, and investigations. Skills: 1491. Skill in the use of firearms. Abilities: 4. Ability to analyze complex police situations and to adopt quick, effective and reasonable courses of action with regard to surrounding hazards and circumstances. 2. Ability to establish and maintain effective working relationships with other police departments/agencies, city officers and employees, and the general public, 3. Ability to deal courteously but efficiently with the public. 4. Ability to communicate effectively, orally and in writing. 5. Ability to prepare accurate reports. ADDITIONAL REQUIREMENTS Special __Licensin: wirements: Must possess and maintain a valid Commonwealth of Kentucky driver's license. Availability: Must be able to work irregular hours, and respond to calls at all hours. Training Requirements: Must have completed required basic training, and must complete required training each year. Bonding Requirements: Must meet bonding requirements. KRS Requirements for Police Officers: See KRS 95 for additional requirements. Instructions: Very general; must use own judgment most of the time. Processes: Must occasionally consider different courses of action, or deviate from standard procedures, to achieve effective results. Review of Work: Most work is not reviewed. Analytical Requirements: Assignments involve decisions based on a wide knowledge of many factors where application of advanced or technical concepts is required. Contacts: Frequent public and private contacts requiring tact, diplomacy and advanced knowledge. Confidential Information: Regular use of reliable confidential information. Mental Effort: Moderate/fheavy. Interruptions: Constant. Physical Demands: Work involves some sitting at desk; however, driving vehicle in emergency situations during all weather conditions is a requirement; must have physical ability to arrest persons, including control of persons resisting arrest. Must have mobility to walk or stand for long periods of time; exposed to confined spaces, high places, fumes 150and other chemicals, etc., as a regular aspect of the job. [Also see POPS Standards and state mandates] Overtime Provision: Non-exempt. 151152CITY OF WEST BUECHEL POSITION DESCRIPTION ClassTitle: Police Officer | Supervisor: Police Lieutenant or Sergeant Supervises: None Glass Characteristics: Under general direction, performs police duties in enforcing federal and state laws and local ordinances; performs related work as required. Distinguishing Features of the Class: Employees enter the class series as a Police Officer (Recruit). Upon successful completion of the DOCJT Academy and required departmental field training, employees are promoted to Police Officer | General Duties and Responsibilities: Essential: 1. Patrols the city on foot and in cruiser during assigned shifis enforcing federal and state laws and local ordinances. 2. Issues court citations for viotations; appears in court when necessary. 3. Makes arrests and transports prisoners. 4. Controls traffic at school crossings, accidents, fires, parades, funerals, eto. 5. Secures the scene at crimes and accidents, conducts preliminary investigations, interviews witnesses, gathers evidence and prepares accurate reports. 6. Performs investigative duties when necessary. 7. Provides security for businesses and homes as requested. 8. Assists in emergency situations; may administer first-aid. 9. Issues parking violations. 10. Operates radar equipment. Non-essential: None. MINIMUM QUALIFICATIONS Training and Experience: Graduation from high schoo! or equivalent supplemented by the satisfactory completion of DOCJT Training and required departmental field training, recommendation of the Police Chief, and approval of the Mayor. [Sec Training Requirements below for additional requirements.] Special Knowledge, Skills and Abilities: Knowledge: 1. Knowledge of principles and procedures of modem police practices. 2. Knowledge of application of federal, state and local laws and ordinances. 3. Knowledge of the geography of the city. Knowledge of police operations as 153applied to patrol, traffic control, and investigations. 1. Skill in the use of firearms. Abilities: 4. Ability to analyze complex police situations and to adopt quick, effective and reasonable courses of action with regard to surrounding hazards and circumstances. 2. Ability to establish and maintain effective working relationships with other police departments/agencies, city officers and employees, and the general public. 3. Ability to communicate effectively, orally and in writing 4. Ability to prepare accurate reports. ADDITIONAL REQUIREMENTS Special Licensing Requirements: Must possess and maintain a valid Commonwealth of Kentucky drivers license. Availability: Must be able to work irregular hours, and respond to calls at all hours. Training Requirements: Must have completed required basic training and required departmental field training; must complete required training each year. Bonding Requirements: Must meet bonding requirements. KRS Requirements for Police Officers: See KRS 95 for additional requirements. Instructions: Somewhat general; many aspects of work covered specifically, but must use some of own judgment. Processes: Must occasionally consider different courses of action, or deviate from standard procedures, to achieve effective results. Review of Work: Work is spot-checked either while it is being completed or upon completion. Analytical_Requirements: Assignments involve decisions based on a wide knowledge of many factors where application of advanced or technical concepts is required. Contacts: Frequent public and private contacts requiring tact, diplomacy and effective results Confidential Information: Regular use of confidential information. Mental Effort: Moderate/heavy. Interruptions: Constant. 154Physical Demands: Work involves some sitting at desk; however, driving vehicle in emergency situations during all weather conditions is a requirement; must have physical ability to arrest persons, including control of persons resisting arrest. Must have mobility to walk or stand for long periods of time; exposed to confined spaces, high places, fumes and other chemicals, etc., as a regular aspect of the job. [Also see POPS Standards and state mandates.] Overtime Provision: Non-exempt. 155,156CITY OF WEST BUECHEL POSITION DESCRIPTION Class Title: Police Officer (Recruit) Supervisor: Police Lieutenant or Sergeant Supervises: None Class Characteristics: Under general direction, performs police duties in enforcing federal and state laws and local ordinances; performs related work as required. General Duties and Respon: Essential: 1. Patrols the city on foot and in cruiser during assigned shifts enforcing federal and state laws and local ordinances. 2, Issues court citations for violations; appears in court when necessary. 3. Makes arrests and transports prisoners. 4, Controls traffic at school crossings, accidents, fires, parades, funerals, etc. 5. Operates breathalizer equipment. 6. Secures the scene at crimes and accidents, conducts preliminary investigations, interviews witnesses, gathers evidence and prepares accurate reports. 7. Performs investigative duties when necessary. 8. Provides security for businesses and homes as requested. 9. Assists in emergency situations; may administer first-aid. 10. Issues parking violations. 11. Operates radar equipment. Non-essential: None. MINIMUM QUALIFICATIONS. Training and Experience: Graduation from high school or equivalent; no experience requirements. ‘Special Knowledge, Skills and Abilities Knowledge: 1. Knowledge of, or ability to leam, principles and procedures of modern police practices, 2. Knowledge of, or ability to learn, application of federal, state and local laws and ordinances. 3. Knowledge of, or ability to leam, police operations as applied to patrol, traffic control, and investigations. 4. Knowledge of the geography of the city. 187Skills: 1 ‘Skill in the use of firearms. Abilities: 1, Ability to analyze complex police situations and to adopt quick, effective and reasonable courses of action with regard to surrounding hazards and circumstances. Ability to establish and maintain effective working relationships with other police departments/agencies, city officers and employees, and the general public, 3. Ability to deal courteously but firmly with the public. 4, Ability to communicate effectively, orally and in writing. 5. Ability to prepare accurate reports. ADDITIONAL REQUIREMENTS Special_Licensing Requirements: Must possess and maintain a valid Commonwealth of Kentucky driver's license. Availability: Must be able to work irregular hours, and respond to calls at all hours. Training Requirements: Must complete basic training during first year of employment; must complete required training each year. Bonding Requirements: Must meet bonding requirements. KRS Requirements for Police Officers: See KRS 95 for additional requirements. Instructions: Instructions are initially detailed and specific, but become more general with experience; many aspects of work covered specifically, but must use some of own judgment. Processes: Must occasionally consider different courses of action, or deviate from standard procedures, to get the job done. Review of Work: Work is spot-checked either while it is being completed or upon completion: Analytical Requirements: Assignments involve decisions based on a wide knowledge of many factors where application of advanced or technical concepts is required. Contacts: Frequent public and private contacts requiring tact and diplomacy. Confidential Information: Regular use of confidential information. Mental Effort: Moderate/heavy. Interruptions: Constant. 158Physical Demands: Work involves some sitting at desk; however, driving vehicle in emergency situations during all weather conditions is a requirement; must have physical ability to arrest persons, including control of persons resisting arrest. Must have mobility to walk or stand for long periods of time; exposed to confined spaces, high places, fumes and other chemicals, etc., as a regular aspect of the job. [Also see POPS Standards and state mandates.) Overtime Provision: Non-exempt. 159160CITY OF WEST BUECHEL POSITION DESCRIPTION Class Title: Maintenance Supervisor Supervisor: Mayor Supervises: Personnel Assigned to Department Class Characteristics: Under general direction, plans, organizes, directs, coordinates and evaluates the maintenance activities and programs for the city; assists in performing maintenance duties; performs related work as required. General Duties and Respon: Essential: 1. Plans, organizes, directs, coordinates and evaluates maintenance activities and programs for the city. . 2. Supervises personnel assigned to department while assisting in performing the duties. 3. Maintains and cleans city streets, sidewalks, parks, playgrounds, storm sewers, culverts, drainage ditches, alleys, etc. 4. Installs, repairs and/or replaces street signs. 5. Sands/salts streets and/or removes snow and ice from streets when necessary. 6. Cuts grass on city property; cuts grass on private property as necessary after proper notices are forwarded to land owners. 7. Performs landscaping and lawn care duties as necessary. 8 Operates heavy equipment and other motorized equipment. 9. Pours concrete; makes forms. Implements and maintains preventive maintenance program on all departmental vehicles and equipment. 10. Prepares and authorizes work schedules; signs all departmental time cards. 11. Works with contractors in resurfacing and/or repairing city streets and buildings. 12. Prepares and maintains accurate reports on all departmental activities. 13. Attends Council meetings and reports on maintenance activities as MINIMUM QUALIFICATIONS. Training and Experience: Graduation from high school or equivalent supplemented by two years directly related work experience. Special Knowledge, Skills and Abilities: Knowledge: 1611.° Knowledge of federal, state and local laws, administrative regulations and ordinances applicable to public works. 2. Knowledge of the geography of the city. 3. Knowledge of the infrastructure of the city. 4. Knowledge of safe operations for all departmental equipment and processes. 5. Knowledge of preventive maintenance requirements. Abilities: 1. Ability to supervise others while assisting in performing the duties. 2. Ability to prepare and/or supervise the preparation and maintenance of departmental records. 3. Ability to communicate effectively, orally and in writing 4. Ability to detect mechanical flaws and make minor repairs to plant and equipment. 5. Ability to establish and maintain effective working relationships with contractors, city officers and employees, and the general public. 6. Ability to perform heavy labor for extended periods of time, often under adverse weather conditions. ADDITIONAL REQUIREMENTS: Special Licensing Requirements: Must possess a valid Commonwealth of Kentucky driver's license. Availability: Must be able to respond to calls in emergency situations at all hours. Must be able to attend occasional evening meetings. Instructions: Somewhat general; many aspects covered specifically, but must use some of own judgment. Processes: Must occasionally consider different courses of action, or deviate from standard operating procedures, to get the job done. Review of Work: Most work is not reviewed. Analytical Requirements: Problems require analysis based on precedent. Contacts: Frequent public and internal contacts requiring tact and diplomacy. Confidential Information: Little or no use of confidential information. Mental Effort: Moderate. Interruptions: Frequent. Physical Demands: Work involves sitting at a desk or table and using normal office equipment; however, most work is done outdoors regardless of weather conditions. Must have physical ability to perform heavy work for extended periods of time, including lifting 162