TOWN OF COPPERCANYON
PERSONNEL POLICIES
Introduction
The primary objective and sole purpose of existence as a Town government is to provide the most dependable, most efficient, most economical, and most courteous services possible for our citizens and business community members. You have been chosen for your position because your individual job is very important in our overall plan of service; and we feel you have the knowledge, skills and abilities necessary to help us accomplish our objectives. We want our citizens to know that we care enough to do our very best for them. You can help us. We also want you to know that we care about you and welcome you as a productive member of our team.
Applicability
The Town of Copper CanyonPersonnel Policies(“the Handbook”) will apply to every employee in the service of the Town. The policies stated in this Handbook are guidelines only and are subject to change at the sole discretion of the Town, with or without notice. The Town reserves the authority to modify, revoke, interpret or terminate any or all of the rules and regulations specified in this Handbook, in whole or in part, at any time, with or without notice. From time to time, you may receive updated information concerning changes in policy.
Effective Date
This Handbook is effective immediately upon the date of its adoption by the Town Council of the Town of Copper Canyon.
DATE ADOPTED: February 9, 2009
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1/27/2014 10:33 AM
TABLE OF CONTENTS
I.INTRODUCTION
Section1.1Statement of At-Will Employment...... 3
1.2The Town...... 3
1.3Applicability……………………………………………………….3
1.4Dissemination…………………………………………………….3
1.5Employee Responsibility…………………………………………4
II.PERSONNEL RECRUITMENT AND PLACEMENT
Section 2.1 Equal Employment Opportunity Statement…………………..5
2.2Non-Discrimination and Accommodation of Disabilities……..5
2.3Requirements for Employment………………………………….5
2.4Nepotism and Favoritism………………………………………..6
2.5Hiring the New Employee; Recruitment………………………..7
2.6Medical Examinations……………………………………………8
2.7Resignation and Termination……………………………………8
2.8Employee Records……………………………………………….9
2.9Residence…………………………………………………………9
2.10Employment Status………………………………………………9
2.11 Trial Period……………………………………………………….10
2.12 Job Performance………………………………………………..10
2.13 Verification of Employment and References…………………11
III.EMPLOYEE PAY AND BENEFITS
Section3.1Salaries...... 12
3.2Pay Day...... 12
3.3Health & Life Insurance...... 12
3.4Pension Plan...... 12
3.5Workers' Compensation Insurance...... 12
IV.ATTENDANCE AND OVERTIME
Section4.1Absenteeism and Tardiness ...... 13
4.2Inclement Weather...... 13
4.3Overtime and Compensatory Time...... 14
V.LEAVES AND ABSENCES
Section5.1Holidays...... 15
5.2Vacation Leave...... 15
5.3Scheduling of Vacation...... 16
5.4Sick Leave...... 16
5.5Bereavement Leave...... 17
5.6Family and Medical Leaves of Absence (FMLA)...... 17
5.7Jury Duty and Court Leave...... 17
5.8Military Leave...... 18
5.9Administrative Leave...... 18
5.10Leave of Absence without Pay...... 18
5.11Absence Without Leave (AWOL)...... 19
5.12Employee Travel Policy...... 19
VI.EMPLOYEE CONDUCT
Section6.1Standards of Conduct...... 20
6.2Drug-Free Workplace...... 20
6.3Harassment………………………………………………… …….22
6.4Performance Standards...... 23
6.5Searches...... 31
6.6Arrest/Confinement...... 31
6.7Smoking...... 32
6.8Safety Policy...... 32
6.9Political Activity Restricted...... 33
6.10Solicitation and Distribution of Literature...... 33
6.11Outside Employment...... 33
6.12Telephones...... 35
6.13 E-mail………………..…………………………………………..35
- GRIEVANCE, DISCIPLINE AND APPEAL PROCEDURES
Section 7.1Fair and Equitable Standards………………………………….36
7.2Grievances……………………………………………………….36
7.3Types of Disciplinary Actions…………………………………..36
7.4Procedures to Appeal a Written Reprimand………………….38
7.5Procedures to Appeal a Termination, Demotion
or Suspension……………………………………………………39
7.6Failure to Follow Appeal Procedures………………………….39
7.7“Working Days” Defined………………………………………...39
7.8Time Limits……………………………………………………….39
7.9...... Administrative Leave with Pay…………………………………39
7.10Inapplicability……………………………………………………..40
ACKNOWLEDGEMENT………………………………………………………41
1
CHAPTER I
INTRODUCTION
Section 1.1 - Statement of At-Will Employment
Employment with the Town of CopperCanyon is on an “at-will” basis. This Handbook is not a contract, express or implied, guaranteeing employment for any specific duration. Although we hope that your employment relationship with us will be long term, either you or the Town may terminate this relationship at any time, for any reason, with or without cause. Please understand that no supervisor, manager, or representative of the Town other than the Mayor has the authority to enter into any agreement with you for employment for any specified period of time or to make any promises or commitments contrary to the foregoing. Further, any employment agreement entered into by the Mayor shall not be enforceable unless it is in a formal written agreement and signed by you and the Mayor and approved by the Town Council.Section 1.2 - The Town
The Town of Copper Canyon is a municipality with a Council form of government operating under the General Laws of the State of Texas. The Town Council consists of a Mayor and five members of the Town Council, all of whom are elected at large. The Mayor and Council Members each serve for twoyears and their termsof office are staggered. Under this system of government, the Mayor is the chief administrative and executive officer of the Town and administers the Town Government through a Town Administrator and staff. The Mayor is also the Chief Budget Officer and supervisesthe annual preparation of the Town Budget and oversees regular audits of Town finances.
Section 1.3 -Applicability
Elected officials, the Town Attorney, the Judge(s), Prosecutors(s) of the Municipal Court, members of appointed boards and commissions, and personnel appointed to serve without pay shall not be considered Town employees for purposes of this Handbook. Nothing in this Handbook shall limit the application of Section 22.077 of the Texas Local Government Code, as amended, relative to the removal of Town officers.
Section 1.4 -Dissemination
All Town employees shall be provided a copy of thisHandbook and a copy shall be available to the public at Town Hall and/or on the Town web site.
Section 1.5 -Employee Responsibility
Town employees are responsible for understanding and complying with the policies and procedures in this Handbook, including any changes hereafter adopted. Any questions concerning the interpretation or applicability of the following policies should be referred to the Town Administrator and/or Mayor.
CHAPTER II
PERSONNEL RECRUITMENT AND PLACEMENT
Section 2.0-Equal Employment Opportunity Statement
Equal opportunity in employment shall be provided to all persons. The Town will not discriminate against any person in recruitment, examination, selection, hiring, appointment, rate of pay, promotion and transfer,leaves of absence, daily working conditions, testing and training, awards, compensation and benefits, disciplinary measures, retention, termination, layoff, recall or any other aspect of employment or personnel management because of political or religious opinions or affiliations, or because of race, color, age, gender, pregnancy, national origin, disability or other unlawful bases.
Section 2.1 - Non-Discrimination Against and Accommodation of Individuals with Disabilities
The Town complies with the American With Disabilities Act and applicable state and local laws providing for nondiscrimination in employment against qualified individuals with disabilities. The Town also provides reasonable accommodation for such individuals in accordance with these laws.
Section 2.2 -Requirements for Employment
To be eligible for employment with the Town, or for a change in present personnel status, an individual must:
A.Be at least sixteen (16) years of age, depending upon the requirements of each position;
B.Have a social security number;
C.Agree to be fingerprinted, if requested;
D.Agree to a polygraph examination related specifically to job performance for positions designated by the Mayor and/or Town Administrator, if requested and such examination is not prohibited by law;
E.Where permitted by law, pass a physical and/or psychological examination administered by a licensed medical practitioner selected by the Town, to ensure ability to perform essential duties of the job;
F.Agree to alcohol and drug screening tests;
G.Satisfactorily complete any interviews, examinations and performance tests, if required because of job duties;
H.Show proof of United States citizenship, legal residence, or other documentation that establishes employment eligibility in the United States, as required by the Department of Justice;
I.Possess a valid Texas driver’s license and have an acceptable driving record in compliance with Town policy, where applicable, unless waived by the Town Administrator;
- Meet minimum requirements of the job description for which employment is sought and submit to all other employment procedures administered by the Town.
Section 2.3-Nepotism and Favoritism
No person related within the second degree by affinity (marriage) or within the third degree by consanguinity (related by ancestry or blood) to an elected official of the Town or to an officer of the Town shall be employed or contracted with for any office, position or clerkship of service of the Town. This prohibition shall not apply to individuals who shall have been continuously employed by the Town at least six (6) months prior to the election or appointment of said official. Moreover, any spouse or members of the immediate family of any employee shall not be employed in any position where there is a supervisory/subordinate relationship or where there is a close working relationship within the same department or congruent departments.
For purposes of this section, “immediate family” means spouse, parent, step-parent, parent-in-law, child, stepchild, brother, sister, step-brother/sister, brother-in-law/sister-in-law, step brother-in-law/sister-in-law, step parent-in-law, grandparent or grandchild.
The foregoing provisions apply to all employees.
2.3.1 - Questionable Influence: Should there be known to exist any special relationship or special motivating factors, either directly or indirectly, between a recommended candidate and a Town employee, Town officer or a member of the Town Council, this will be explained in a narrative justification and forwarded to the Mayor before the selection is made final.
Special relationships or special motivating factors include: familial relationships between the selectee and any Copper Canyon Town employee; friendships with other Town employees, requests (asking of favors) concerning the potential selectee by other Town employees or anyone who might have an interest in exerting their influence upon Copper Canyon Town functions.
Section 2.4 -Hiring the New Employee; Recruitment
In order to assure an adequate supply of qualified candidates for any vacant position, the Town Administrator will advertise the employment needs of the Town. The Town Administratoris authorized to establish recruiting procedures and techniques that, in the Town Administrator’s judgment, will result in the most successful recruitment possible within the practical limitations of budget, time, and other related factors.
2.4.1 - Applications: The Town Administrator shallrequire each applicant for a position to complete a prescribed Town application form. Applications, whether accepted or rejected, will not be returned. Applications will be obsolete after sixty (60) days. If the Applicant is subsequently employed by the Town of Copper Canyon, the Application will become a part of his/her Personnel File.
2.4.2 - Closing Dates for Applications: The Town Administrator shall establish the number of days for recruiting and the closing date for each position recruited. No applications shall be accepted after the closing date;however, if the Mayor and/or Town Administrator determines that an adequate number of applications have not been received from qualified applicants by the closing date, the Mayor and/or Town Administrator may extend the closing date.
After the closing date, all applications will be processed to determine those applicants who meet the basic qualifications for the position. The Mayor and Town Administrator will then interview and recommend the final candidate or candidates to the Town Council who will approve or reject the selection.
2.4.3 - Position of Town Administrator: If the position to be filled is the Town Administrator, the Mayor shall perform the functions in 2.4, 2.4.1, and 2.4.2.
2.4.4–Inaccurate Information: The Town relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment. Any applicant who has made a false statement or omission of material fact or has practiced any deception, fraud, or misconduct in connection with an application will be subject to exclusion from further consideration for employment; or if the applicant has been hired, subject to disciplinary action and possible termination.
2.4.5 - Temporary or Interim Positions: Temporary or Interim positions may be authorized to ensure the proper performance of Town functions if a position is vacant or the regular incumbent is absent. Temporary or interim positions are intended to be temporary and shall not be utilized to circumvent the established selection process.
Section 2.5 - Medical Examinations
A.New Hires. Applicants who have been offered certain jobs may be required to undergo a thorough medical examination by a physician designated by the Town, the cost of which will be borne by the Town. This examination may include drug and alcohol screening.
B.Current Employees. In the interest of safety, or for any other reasonable cause for concern as to your ability to perform job-related functions, the Town may require you to report to a doctor of the Town’s choosing for a complete physical and mental evaluation, including drug and alcohol screening. Refusal to submit to an examination may be a cause for dismissal. You are expected to maintain the same minimum standards of physical and mental fitness required of new applicants for your particular assignments.
C.Confidentiality of Medical Records. All medical information obtained in an examination by physicians designated and paid by the Town shall be the property of the Town. In compliance with ADA regulations, medical information shall be treated as confidential and can be disclosed only on a need-to-know basis to authorized persons.
Section 2.6-Resignationand Termination
An employee wishing to resign in good standing must give the Town Administratorin writing ten (10) working days notice. The Mayor and/or Town Administratormay waive any portion of the notice period in extenuating circumstances. An employee’s individual contract of employment with the Town supersedes this clause.
Upon resignation, employees will be paid for vacation leave which has been earned but not used; however no, more than 40 hours of vacation leave carried over to the year of resignation or termination will be compensated. No accumulated sick leave will be compensated upon resignation or termination of employment.
The employee must turn in any assigned Town property no later than the last day of employment. All records, property, cell phones, computers or other instruments belonging to the Town of Copper Canyon in the possession of the separated employee shall be returned in good condition before final payment is made to the employee. In the event such items are not returned to the Town prior to the issuance of final payment, or not returned in acceptable condition, as a condition of employment with the Town, the employee agrees that the reasonable value of said Town property may be deducted from any final payment due the employee.
2.6.1 -Reduction in Force: Employees may be discharged for lack of work or funds or the elimination of positions. Insofar as practicable, the Town Administrator shall endeavor to give advance notice of such reduction in force. The Mayor and/or Town Administrator will make recommendations to the Town Council
2.6.2 - Reinstatement: If an Applicant is a former Town employee, the Applicant must have terminated with an acceptable work record. Employees voluntarily terminating regular full-time and/or regular part-time employment may be rehired only one additional time but rehiring is not guaranteed.
Section 2.7 -Employee Records
Records regarding personnel matters will be kept on each Town employee. Current employees may arrange to review their own records by contacting the Town Secretary. Each employee will be responsible for notifying the Town Administrator and the Town Secretary’s office of any changes in marital status, address, phone number, email address, and other pertinent information.
Section 2.8 - Residence
There is no requirement that Town employees live within theTown of Copper Canyon; however, employees likely to be called to work in cases of emergency may be required to live within a 30 minute drive from their places of work.
Section 2.9 - Employment Status
There are five (5) major general classifications of employees: regular full-time, regular part-time, part-time, trial, and temporary (seasonal).
2.9.1Regular full-time employees are those who work a full workweek (a workweek is defined as 37.5or more hours per week) on a regular basis. The term regular full-time employee includes all exempt and non-exempt employees.
2.9.2Regular part-time employees are those who work 30 or lessregularly scheduled hours per week.
2.9.3Part-timeemployees are those who work between 15 to 22.5 regularly scheduled hours per week; however, their total hours per year may not exceed 1000.
2.9.4Trial employees are newly-hired regular employees who have not yet completed their initial trial period which is generally six months to one year after hire, depending on job classification and performance. Trial employees can either be full or part-time regular employees.
2.9.5Temporary employees are those who are employed for only a specific period of time, whether for one day or for the summer, or for a special job, task or project. Temporary employees may work full or part-time; however, their total hours per year may not exceed 1000.
Section 2.10 - Trial Period
Every person initially employed by or promoted in the Town service as a regular employee will be required to successfully complete a trial period of six (6) months.The purpose of this period is to give the Town and the employee time to determine the suitability of the match. Further, the trial period allows the Town to closely observe and evaluate the work performance of new employees and to aid and encourage adjustment to the job. The Mayor and Town Administrator are responsible for reviewing the quality and efficiency of the employee’s work as well as the employee’s attendance. Written notification of this individual's employment status will be entered into his or her personnel file at the conclusion of the initial trial period
The duration of the trial period may be extended an additional ninety (90) days if an employee is away from his/her job for an extended period or if the employee's performance or attendance is not yet satisfactory. Should the Mayor and/or Town Administrator decide to extend the trial period, a written notice outlining the reasons for the extension will be issued to the employee.
The trial period does not modify the “at-will” nature of Town employment. A trial employee may be dismissed at any time during the trial period with no recourse to the Town’s disciplinary or grievance appeal procedures. The Mayor’s and/or Town Administrator’s judgment for dismissal shall be final.
Section 2.11 - Job Performance
Each employee will have job performance evaluated on a regular basis. Special work requirements may demand more frequent evaluation.
2.11.1 - Performance Evaluation: A formal, written evaluation may be conducted at least annually for each employee. In addition, the evaluation will take into consideration such job factors as cooperation, dependability, output, good housekeeping, judgment, safety and so forth. Any evaluations will become a part of the employee's permanent personnel record file.