CITY OF EL MIRAGE PERSONNEL POLICY MANUAL

Transcription

1 CITY OF EL MIRAGE PERSONNEL POLICY MANUAL ADOPTED: JULY 10, 2008

2 TABLE OF CONTENTS Purpose of this Manual... II A. Not an Employment Contract... II B. Amendments... II C. Compliance... II D. Application... II Organization for Personnel Administration... IV A. Mayor and City Council... IV B. City Manager... IV C. Human Resources Director... IV D. Department Directors... IV 1. Employment Rights and Responsibilities Equal Employment Opportunity A. Reasonable Accommodation B. Prohibited Conduct Harassment Prohibited A. Training B. Implementation C. Investigation of Complaints D. Reporting Possible Harassment E. No Reprisals F. Option to Report to an Outside Agency G. Coordination with State and Federal Laws Code of Conduct A. Performance of Duties B. Conflict of Interest C. City Contracts and Procurements D. Acceptance of Gifts, Gratuities, Hospitality Nepotism Personal Relationships A. Definition B. Corrective Action Outside Employment Confidentiality Political Activity A. Campaigning B. Candidate for Office C. Political Activism D. Political Discrimination Use of Public Property Investigation by Outside Agency ii

3 2. Employment Process Eligibility for Employment Departmental Placement Job Posting A. Employee Responsibilities B. Department Review C. Notification of Current Supervisor Job Announcement A. Announcements B. Timing C. Re-Advertisement D. Part-Time Positions E. Temporary Positions Employment Application A. Application Forms B. Rejection of Application C. Application Retention Testing and Examination A. Test Development B. Test Administration C. Physical and Mental Fitness Pre-Employment Drug Test Employment Interviews Reference Check Veteran s Preference Selection Applicant Expenses Notice to Unsuccessful Applicants Fingerprinting Employee Orientation Proof of Right to Work Loyalty Oath Introductory Period A. Purpose B. Timing C. Completion of the Introductory Period D. Transfer during Introductory Period E. Dismissal during Introductory Period F. Layoff during the Initial Introductory Period G. Reduction in Grade during the Introductory Period H. Appeal Rights during the Introductory Period iii

4 I. Benefit Status during the Introductory Period Classification and Compensation Classified and Unclassified Service A. Classified Positions B. Unclassified Positions Classification Plan A. Purpose B. Plan Amendment C. Job Descriptions D. Reclassification of a Position E. Abolishment of a Position Employment Classifications Overtime Eligibility Compensation Plan Merit Compensation Increases Performance Evaluation Pay Periods and Pay Dates A. Pay Periods B. Time Sheets and Payroll Records C. Pay Dates D. Paychecks E. Pay Advances Overtime/Compensatory Time A. Non-Exempt Employee B. Exempt Employees Emergency Call-Back Pay Holiday Compensation A. Eligibility B. Work on Holiday for Health or Safety Reasons C. Holiday during Vacation or Sick Leave Payroll Deductions A. Mandatory Deductions B. Voluntary Deductions Promotion A. Eligibility B. Salary for Promotion Position C. Promotion Evaluation Period Temporary Assignments Special Assignments A. Outside classified service iv

5 B. Language Skill Lateral Transfer A. Eligibility B. Selection and Salary C. Transfer Evaluation Period Demotion Reclassification Emergency Closings A. Pay for Time Not Worked B. Pay for Work on Essential Operations Clothing Allowances and Uniforms Vacation Leave Pay Administrative Salary Adjustments Employee Benefits Benefits Continuation / COBRA A. Payment B. Written Notification of Eligibility Family Medical Leave A. Definition of Serious Health Condition B. Eligibility C. Requests for Leave D. Verification of Need E. Maximum Leave Time Available F. Measuring FMLA Leave G. Use of Accumulated Leave H. Continuation of Health Insurance Benefits I. Suspension of Accumulation of Other City Provided Benefits J. Return to Work K. Intermittent Leave or Reduced Workweek L. Termination of Employment Worker s Compensation A. Reporting Requirement B. Payments C. Use of Paid Leave While on Industrial Leave Sick Leave A. Eligibility B. Rate of Accumulation C. Allowable Uses D. Notification to Supervisor E. Physician s Verification F. Additional Conditions of Eligibility G. No Sick Leave Available H. Death of Employee v

6 4.5. Vacation Leave A. Eligibility B. Rates of Accumulation C. Request for Leave D. Termination of Employment Vacation Leave Donation A. Eligibility B. Leave Donation Bereavement Leave A. Approval B. Immediate Family Defined Administrative Leave A. Administrative Leave with Pay B. Administrative Leave without Pay Military Leave A. No Break in Service B. Limit of Paid Time Off Civic Duty A. Jury Duty B. Witness Duty C. Voting Holidays A. Eligibility B. Approved Holidays Group Benefits A. Eligibility B. Group Insurance Coverage C. Voluntary Benefits D. Retirement Plan Work Rules Hours of Work A. Normal Workweek and Work Hours B. Flexible Work Schedules C. Absences and Tardiness D. Meal Breaks and Rest Breaks E. Early Relief Personnel Files A. Access to Official Personnel File B. Updating Personnel Records C. Records Retention D. Records Release Personal Appearance vi

7 A. Acceptable Attire B. Unacceptable Attire C. Uniforms Phones, Electronic Mail, Computer and On-Line Services Usage A. Condition of Employment B. Software Copyright C. Prohibited Use D. Passwords E. Consequences of Prohibited Use Discipline System A. Performance Improvement B. Grounds for Disciplinary Action C. Disciplinary Meeting (Hearing) D. Types of Discipline E. Appeals from Termination, Demotion and Suspension without Pay F. Appeal Procedure G. Continuance of Hearing H. Nature of the Hearing I. Witnesses J. Withdrawal of an Appeal K. Decision by the City Manager Grievance Procedures A. Matters Subject to Grievance Procedure B. Informal Grievance Procedure C. Formal Grievance Procedure D. Conduct of Grievance Procedure Development and Training; Travel Expenses General Policy A. Objectives B. Roles and Responsibilities C. Definition of Staff Development and Training D. Identification of Training Needs E. Cost of Training F. Reimbursement for Tuition and Books G. Travel Expense H. Budgeting for Training I. Required Training J. Eligibility for Training K. Training Priorities Special Licenses and Membership Fees A. As a Condition of Employment B. As a Condition of Professional Growth Travel and Expense Reimbursement A. Approval B. Reimbursement C. Travel vii

8 D. Accommodations E. General Information G. Examples of Allowable Expenses H. Examples of Unallowable Expenses Safety and Health Safety and Loss Management Employee Support for Safe Work Practices Use of City Equipment and Vehicles Return to Work Smoking Violence in the Workplace A. Consequences of Prohibited Conduct B. Infringement on Safe Workplace C. Complaint Procedure Drug and Alcohol-Free Workplace A. Consequences of Prohibited Conduct B. Definitions of Prohibited Conduct C. Use of Legal Drugs D. Types of Tests E. Authorization for Previous Test Records of CDL Holders F. Drug Testing G. Laboratory Testing H. Laboratory Results I. Confidentiality J. Request for Results and Re-Test K. Alcohol Testing L. Substance Abuse Evaluation, Return-To-Duty, and Testing M. Contractors and Visitors N. Not a Contract Termination of Employment Service Retirement Employee-Initiated Resignation Termination during Introductory Period Discharge Lay Off and Recall Exit Process A. Exit Clearance B. Exit Interview C. Final Paycheck Continuation of Benefits Verification of City Employment Re-Employment viii

9 A. Eligibility B. Military Service C. Police Exemption ix

10 Employee Receipt and Acknowledgement I,, an employee of the City of El Mirage, hereby acknowledge receipt of a copy of the City of El Mirage Employee Personnel Policy Manual dated, 20. I understand that my conduct as an employee of the City will be governed by the provisions of this policy and further understand that it is my responsibility as an employee of the City to read this manual, which I agree to do so. I further understand that this policy may be amended from time to time as deemed necessary by management and/or the City Council. Signed: Date: Issued by: (For the City of El Mirage) Please sign, date and return to the Human Resources Director within seven (7) days of receiving this manual. Page I

11 Purpose of this Manual The City of El Mirage, in extending services to its citizens, acknowledges that the well-being of its employees is essential in maintaining a high standard of operation and that the interests of the City and its employees are harmonious rather than conflicting. A sound employee-management relationship makes it possible for the City Manager, Department Directors, and the employees to cooperatively develop a strong personnel program. This manual sets forth the principles and procedures which will be followed by the City of El Mirage in the administration of its personnel program. They are intended to establish an efficient, equitable and functional system of personnel administration to govern the employment, promotion, transfer, layoff, dismissal, discipline, and other conditions of employment. A. Not an Employment Contract Nothing contained in this manual should be interpreted to be a contract of employment between the City and its employees, and nothing within this policy guarantees employment for any duration. Only the City Manager of El Mirage may offer a contract of employment. All offers of contract of employment shall be in writing and shall only become effective upon execution by both the City Manager and the contracted employee. No other employee has the authority to offer or make an agreement for employment for any specified time. Any agreement by the City Manager must be signed by him/her to be valid. B. Amendments This policy manual may be revised periodically to conform with changes in legislation and to the needs of the City and its citizens. The City Manager shall prepare the amendments, as appropriate, and will recommend them to the City Council. The City Council shall approve the amendments, making them a part of this manual. C. Compliance The intent of this manual is to comply with relevant Federal and State laws and the City Code. In the event that there is a conflict, the Federal and State laws and City Code shall take precedence. D. Application The policies in this manual apply to all employees providing a service for or representing the City except as otherwise specified. To the extent any provision of this manual conflicts with or is contrary to a provision of a memorandum of understanding ( MOU ) or other collective bargaining agreement ( CBA ) entered into with a recognized employee group, the provisions of the MOU or CBA shall prevail over any conflicting provisions of this manual. Page II

12 Notice Any contention that the City has failed to comply with any obligation it has made to an employee through its ordinances, personnel rules, regulations, orders, or any other written or verbal commitments, must be raised pursuant to the grievance or appeal procedures provided in this policy manual. Any decision rendered pursuant to those procedures shall be a final and binding resolution of the issue for all purposes. This policy is not intended to be, nor should it be construed as, a contract or creating a contract between the City and the employee. This policy may be changed at any time at the sole discretion of the City Council. Page III

13 Organization for Personnel Administration A. Mayor and City Council The Mayor and the City Council shall be the ultimate policy-making authority for the City of El Mirage in matters pertaining to personnel administration. The Mayor and Council do not have authority to direct the activities of City employees or to take or threaten to take any action, including disciplinary action, regarding any City employee except the City Manager and City Judge. B. City Manager The function of the City Manager is to aid in the formulation of personnel policies, to prescribe procedures, and to administer policies and procedures with the aim of facilitating personnel administration for the operating departments. The City Manager is charged by the City Council with ensuring the continued fair administration of the personnel program and fostering good employee relations. The City Manager shall also be responsible for maintaining the appropriate discipline among City employees. C. Human Resources Director The function of the Human Resources Director shall be to conduct the day-to-day operations of the personnel program. This program shall include recruitment, interviewing, testing job applicants (where applicable), maintaining eligible lists from which appointments are made, and ensuring that all appointments are made on the basis of merit. The Human Resources Director shall aid in the formulation and interpretation of personnel policy, maintain the classification plan, administer the pay plan, keep personnel records, coordinate the grievance procedures, promote the training programs, and assist in the investigation of allegations of employee misconduct. As a designated representative of the City Manager, the Human Resources Director shall: 1. Attend all meetings of the City Council relating to personnel matters. 2. Administer all provisions of this Human Resources Policy Manual. 3. Prepare and recommend revisions and amendments to this manual to the City Manager and City Council. D. Department Directors These policies shall not limit the authority of any Department Director to make departmental rules and regulations governing the conduct and performance of employees. Departmental rules and regulations shall address issues specific to department operations and shall not conflict with provisions of this manual. If there is any conflict between this policy manual and the department rules and regulations, these policies shall take precedence unless the conflicting rules or regulations are required by state or federal law. Page IV

14 Department rules and regulations, when approved, published and distributed, shall have the force and effect of rules of that department. Disciplinary action may be based upon breach of any such rules and regulations. Department rules and regulations and changes in these rules and regulations shall not be effective until reviewed and approved by the City Manager. Page V

15 1. Employment Rights and Responsibilities 1.1. Equal Employment Opportunity The City of El Mirage provides equal employment opportunities to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability, political affiliation or veteran status, in accordance with applicable Federal and State laws. All employees of the City are required to comply with the applicable Federal and State laws governing non-discrimination in employment. This policy applies to all terms and conditions of employment, including hiring, placement, promotion, discipline, termination, layoff, recall, transfers, leave of absence, compensation and training. A. Reasonable Accommodation The City also provides equal treatment for disabled persons who can perform, with or without reasonable accommodation, the essential functions of the position and have bona fide occupational qualifications for the position, when such accommodations do not impose an undue hardship on the City or create an unreasonable threat to the safety or health of the citizens or employees of the City. The City will engage in an interactive process with an employee or applicant with a disability in order to accommodate a qualified applicant s or employee's ability to perform the essential functions of the position. B. Prohibited Conduct Violations of this policy may be cause for the full range of disciplinary action, up to and including termination Harassment Prohibited The City of El Mirage strictly prohibits any form of unlawful employee harassment based on race, color, religion, sex, national origin, age, disability, political affiliation or veteran status. Improper interference with the ability of the City's employees to perform their expected job duties will not be tolerated. The City endeavors to maintain an environment that is free from all forms of discrimination, including harassment. No City employee or citizen should be subjected to harassment by an employee of, or anyone providing services to or on behalf of, the City, in any form, due to sex, race, ethnicity, religion, age, disability or on the basis of any other legally-protected status. The City will not tolerate harassing behavior by any City employee. Each member of management is responsible for creating an atmosphere free of discrimination and harassment. Employees are responsible for respecting the rights of their co-workers. Harassment is defined as unwelcome or unsolicited verbal, physical or sexual conduct with the following characteristics: Submission to such conduct is made either explicitly or implicitly a term or condition of employment; Page 1.1

16 Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment; or Such conduct has the purpose or effect of creating an intimidating, hostile or offensive work environment. With respect to sexual harassment, the City prohibits the following: 1. Unwelcome sexual advances, requests for sexual favors, and all other verbal or physical conduct of a sexual or other offensive nature. 2. Offensive comments, jokes, innuendoes, and other sexually oriented statements. Examples of the types of conduct expressly prohibited by this policy include, but are not limited to, the following: Touching, such as rubbing or massaging someone's neck or shoulders, stroking someone's hair or brushing against another's body; Sexually suggestive touching; Grabbing, groping, kissing, fondling; Violating someone's "personal space"; Lewd, off-color, sexually oriented comments or jokes; Foul or obscene language; Leering, staring or stalking; Suggestive or sexually explicit posters, calendars, photographs, graffiti, cartoons; Sexually oriented or explicit remarks; Questions about one's sex life or experience; Repeated requests for dates. A. Training The Human Resources Director or designee shall be responsible for formally notifying all employees, Department Directors, elected or appointed officials, volunteers, and contractors/vendors of the existence of this policy. The Human Resources Director shall ensure that training on the topic of offensive behavior and harassment is periodically conducted, and that all employees attend this training. Such training shall be offered to elected or appointed officials. Page 1.2

17 B. Implementation The City Manager, the Human Resources Director and the Department Directors are responsible for creating a productive work environment in which offensive conduct or harassment is not permitted or tolerated. They are responsible for taking immediate and appropriate corrective action in response to any confirmed violation of this policy and for assuring that no reprisals are taken against those who complain or against corroborating witnesses. C. Investigation of Complaints The City is committed to thoroughly investigating each complaint, and to taking immediate and appropriate corrective action on all confirmed violations of this policy. The City Manager is responsible for the operation of this policy. The City Manager shall be responsible for appointing an appropriate individual to thoroughly investigate, document and recommend appropriate corrective action. The City Manager shall assure that all complaints are resolved promptly and effectively. If the City Manager determines that an employee has harassed another individual, appropriate disciplinary action will be taken, up to and including termination of employment. D. Reporting Possible Harassment If an employee experiences any job-related harassment or believes that he or she has been treated in an unlawful, discriminatory manner, he or she should report the incident promptly to a Department Director, the Human Resources Director or the City Manager. They will investigate to determine the cause of the complaint and work with the employee to affect an equitable solution. Every effort shall be made to resolve the difficulty at the lowest level practicable. The complaint will be kept confidential to the extent permitted by law. All other employees, including supervisors, managers or directors, who become aware of possible harassment of an employee, either as a result of having received a complaint directly from the employee or from personal observations, should report the situation to a Department Director, the Human Resources Director or the City Manager. E. No Reprisals No reprisals of any kind by any employee or manager shall be taken against an employee because that employee has asserted a complaint, or against any witness who has reported or assisted in the investigation of a harassment complaint. If, after investigating any complaint of harassment, the City determines that the person filing complaint knew it was false when the complaint was made or that any employee has intentionally and knowingly provided false information regarding a complaint, disciplinary action, up to and including termination, may be taken against such person. Page 1.3

18 F. Option to Report to an Outside Agency The employee has the option of requesting the services of the State of Arizona Department of Law Civil Rights Division or the Federal Equal Employment Opportunity Commission at any time. G. Coordination with State and Federal Laws The City recognizes its responsibilities to comply with and ensure that equal opportunity and non-discrimination policies of State or Federal agencies with which it conducts business are carried out Code of Conduct Employees of the City of El Mirage must manage personal and business affairs so as to avoid situations that might lead either to conflict or the appearance of conflict between self-interest and our duty to the City, to the persons served by the City and to the general public. Every employee has an obligation to diligently identify, disclose, avoid and manage conflicts of interest. Potential conflicts of interest exist when an employee or an employee's immediate family may be directly or indirectly financially impacted by a decision made by the City of El Mirage in which the employee participates. Situations that involve potential conflicts of interest should be resolved as they occur, so that they will not develop into serious problems. Questions about potential conflicts of interest can easily be addressed by discussing them with the Department Director, the Human Resources Director or the City Manager. Any violation of this Code of Conduct may result in disciplinary action. Such disciplinary action could include an oral warning, written reprimand, probation, suspension or discharge. Situations may arise that have not been directly addressed in this Code of Conduct; the City Manager shall be the final judge of any such situations. A. Performance of Duties As employees of a governmental entity providing public service, employees of the City of El Mirage should perform official duties diligently, conscientiously and to the best of their ability. Employees should always perform their duties with courtesy and respect for the public and for co-workers and without bias or prejudice. Employees should perform their duties impartially in a manner consistent with law and the public interest, and not swayed by kinship, position, partisan interests, public pressure or fear of criticism or reprisal. Employees should bring to the attention of their supervisor any condition that is detrimental to the image of the City of El Mirage, or that may present a threat of liability, a threat to safety or a breach of law. The City will not retaliate against any employee who makes such a disclosure. Page 1.4

19 B. Conflict of Interest No employee shall engage in any activity or enterprise which conflicts with their duties as a City employee or with the duties, functions and responsibilities of the department in which they are employed. The following activities are examples of those considered a conflict of interest with employment in the City, and are not to be considered an exclusive list: No employee should use or attempt to use his or her official position to secure unwarranted privileges or exemptions. No employee or a member of the employee's immediate family should accept, solicit, or agree to accept any gift, favor or anything of value with the understanding that the official actions, decisions or judgments of any employee will be influenced. No employee should request or accept any fee or compensation beyond that received by the employee in his or her official capacity for advice or assistance given in the course of his or her public employment. Each employee shall use the public resources, property and funds under the employee's control responsibly, for the public purpose intended by law and not for any private purpose. C. City Contracts and Procurements Employees shall not participate in negotiating, securing, drafting, creating, awarding, administrating or managing any contract or procurement on behalf of the City with or to any person, entity or vendor (1) by whom the employee or any immediate family member of the employee is employed, (2) that is owned by the employee or immediate family member(s) of the employee, or (3) in which the employee or immediate family member(s) of the employee has a controlling interest. D. Acceptance of Gifts, Gratuities, Hospitality Employees should not accept gifts, loans, gratuities, discounts, favors, hospitality, services or other compensation under circumstances from which it could reasonably be inferred that a purpose of the donor is to influence the employee in the performance of duties. Examples of acceptable courtesies generally include items of nominal value ($25 or less) and may include a meal, a social event, and floral offerings or gifts of food to commemorate events such as illness, death, birth, holidays, or promotion. An employee may accept special events that exceed $25 in value, with the advance approval of the Human Resources Director, Assistant City Manager or City Manager, where the City is being represented, the event is offered as part of a conference, or the employee s acceptance is in furtherance of the City s interests. Page 1.5

20 1.4. Nepotism No member of the immediate family of any full or part-time employee of the City of El Mirage shall be appointed to a position in the same department. The immediate family of an employee shall include the employee s spouse, children (adopted or biological), grandchildren, parents, grandparents, siblings, uncles, aunts, nephews, nieces, brother-in-law, sister-in-law, mother-inlaw and father-in-law. In no case shall a member of the immediate family of any elected official of the City of El Mirage be offered employment with the City. If a member of an employee s immediate family becomes an elected official of the City, the employee shall inform the City Manager of the employee s relationship with the elected official. No employee of the City of El Mirage shall appoint or vote for the appointment of any person related to him/her by affinity or consanguinity within the third degree to any position, employment or duty in the City, when the salary, wages or compensation of such appointee is to be paid from public funds or fees. No employee shall appoint, vote for or agree to appoint, or to work for, suggest, arrange or be a party to the appointment of any person in consideration of the appointment of a person related to him within the degree provided by this section. Members of an employee s immediate family will not be allowed to work in the same department as the employee. If two employees in the same department become related after beginning employment, one of them shall transfer or terminate employment. The affected employees will determine which of them will transfer or resign in order to ensure compliance with this policy. The City will assist in exploring transfer opportunities to like or similar positions for either employee. (The provisions of this paragraph shall not apply to situations involving family members working in the same department prior to adoption of this manual.) If no transfer opportunity exists after ninety (90) calendar days, one of the employees will be required to resign employment with the City. If neither of the employees agrees to resigns his/her employment, the employee with the least amount of seniority shall be terminated Personal Relationships An employee who is involved in a personal relationship with another employee may not occupy a position in the same department as the employee with whom he/she is involved (this provision shall not apply to situations existing prior to the adoption of this manual). Further, no employee shall be permitted or allowed to work directly for or supervise an employee with whom he/she has a personal relationship. Supervisors are expressly prohibited from dating subordinates under any circumstances and may be disciplined for such actions, up to and including termination. A. Definition Personal relationship is defined as a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The City of El Mirage reserves the right to take prompt action if an actual or potential conflict of interest arises concerning individuals who occupy positions at any level (higher or lower) in the same line of authority or any other location in the City that may affect employment decisions. Page 1.6

21 B. Corrective Action When a conflict or the potential for conflict arises because of a personal relationship between employees, even if there is no line of authority or reporting involved, the employees may be separated by reassignment or terminated from employment. If such personal relationship is established after employment, it is the responsibility and obligation of the employees involved to disclose the existence of the relationship to the Department Director. Failure to disclose such a relationship may be grounds for disciplinary action. When a conflict or a potential for conflict arises because of the relationship affecting employment, the individuals concerned will be given the opportunity to decide who is to be transferred to another position or terminated if no position is available. If the individuals do not make a decision within ninety (90) calendar days of notification by the Department Director, the employee with the least seniority will be transferred to another available position for which the employee is qualified. If there is no available position for which the employee is qualified, the employee shall be terminated for non-disciplinary reasons Outside Employment Employees may take outside employment; however, each regular employee should consider his or her position with the City of El Mirage to be his or her primary place of employment. The outside employment may reflect on the City. Therefore, the City of El Mirage will oppose outside employment when it interferes with any employee's duties with the City of El Mirage, involves a potential conflict of interest, or compromises the integrity or credibility of the City. The employee shall advise their Department Director of the nature of the outside employment, hours involved, and any other relevant information. In any situation where the employee s regular City position requires extra hours, these hours shall take precedence to the outside employment. The following activities, not all-inclusive, are considered to be in conflict with City employment: 1. Any employment, activity, or enterprise which involves the use for private gain or use of the City s time, facilities, equipment, or supplies, or the prestige or influence of the City office or equipment. 2. Outside employment that cannot be accomplished outside of the employee's normal working hours or presents a conflict of interest with the employee's role at the City. 3. Performance of work for any governmental entity within the State of Arizona without the express consent of both employers. 4. Outside employment that exploits for personal gain official position or any confidential information acquired in the performance of official duties. 5. Outside employment that the public may view as work on behalf of the City of El Mirage. Outside employment of police must also conform to Police Department Policies and Procedures. Employees are encouraged to engage in volunteer activities. However, employees should evaluate their volunteer activities in the same manner as outside employment to identify any potential conflict with the employee's position with the City of El Mirage. Employees should discuss any potential conflicts with their Department Director. Page 1.7

22 1.7. Confidentiality Employees may handle confidential law enforcement-related or employee-related documents and other sensitive matters concerning the operation of the City government. Employees should maintain the confidentiality of these matters, ensuring information about these activities is made public only upon appropriate authorization by the Department Director or City Manager Political Activity No employee shall be a candidate for, or hold office as, a City Councilmember or Mayor of the City of El Mirage. Any employee desiring to hold such an office must resign from their position prior to obtaining signatures on a petition for the office or beginning any campaign for the office. Employment will be terminated upon the filing of candidacy for the City office. No employee shall be required, as a condition of his/her employment, to support or oppose a candidate for a political office or to support or oppose any measure submitted to the voters. A. Campaigning The City seeks to maintain a reasonable and fair work environment by maintaining political neutrality by its employees concerning political matters to the extent possible. Employees of the City of El Mirage have a right to entertain and express personal opinions about political candidates and issues; however, when performing their duties on behalf of the City, employees of the City shall maintain neutrality in action and appearance, except where an employee's position entails political advocacy on the part of the City, or as outlined herein below. No employee or elected official of the city shall use any influence or pressure upon any other employee to obtain any property or contribution of money or time, either direct or indirect, for any political campaign or personal gain. Each employee retains the right to vote as the employee chooses. An employee shall not engage in political activity in any City of El Mirage election other than to sign a petition, cast a vote or express a private personal opinion. The one exception is that employees are free to participate actively in political campaigns for City of El Mirage elections during non-working hours provided they are affiliated with a lawful group (political actions groups, home owner groups, fraternal organizations, veterans groups, police associations, fire associations, etc.) that conducts itself in a lawful manner. Such activity includes, but is not limited to, membership and holding office in a political party, campaigning for a candidate for an office, and making contributions of time (other than during work hours) or money to individual candidates, political parties or other groups engaged in political activity. An employee who is a member of a group and chooses to participate in political activity may do so only during off-duty hours and shall not use his or her position within the City or resources of the City in connection with such political activities, and shall not wear a City uniform, identification badge or other City insignia while engaging in such activity. Page 1.8

23 B. Candidate for Office Political activity on the national, state or county level is unrestricted, except that any employee seeking election shall refrain from any campaign activity while on duty or while wearing the uniform or insignia of the City and shall refrain from the use of City resources for such political activity. The State level includes any governmental subdivision of the State except the City of El Mirage. An employee holding office in another political subdivision, school district, or at the national, state or county level is required to arrange the employees schedule so as not to interfere with the employee s performance of his/her duties as an employee of the City of El Mirage. C. Political Activism Employees shall not engage in political activity during scheduled work hours, or when using government resources including but not limited to vehicles or equipment, or on City property. Political activity includes, but is not limited to: 1. Displaying literature, badges, stickers (except bumper stickers on the employees personal vehicle), signs or other items of political advertising on behalf of any party, committee, agency, candidate for political office or measure/issue on, or sought to be placed on, the ballot. 2. Using official authority or position, directly or indirectly, to influence or attempt to influence any other employee in City employment to become a member of any political organization or to take part in any political activity. 3. Soliciting signatures for political candidacy or for the purpose of placing an issue on the ballot. 4. Soliciting or receiving funds for political purposes. D. Political Discrimination Employees shall not discriminate in favor of or against any employee or applicant for employment on account of political contributions, political patronage, or permitted political activities Use of Public Property 1. No employee of the City shall request, use or permit the use of City-owned vehicles, clothing, equipment, materials, or other property for unauthorized personal convenience, for profit, for private use, or as part of secondary employment. Use of such City property is to be restricted to the conduct of official City business. 2. Any employee of the City of El Mirage found responsible for damage to or loss of City property through negligence or abuse shall be subject to disciplinary action and may be required to reimburse the City for such damage or loss. No City equipment, materials or supplies shall be removed from its location without the approval of the Department Director or City Manager. Page 1.9

24 3. Uniforms and protective clothing provided by the City to employees or owned clothing bearing City identification shall be worn only while performing official City duties and, except in the performance of official duties, in no event shall be worn in bars, liquor establishments, or places of public entertainment. 4. Authorized personal uses include taking a City vehicle to lunch when going to and from meetings on workdays, use of a City copy machine at cost, stopping to run personal errands in a City vehicle when the destination point is in conjunction with official business, and other nominal personal uses as permitted by the City Manager on a caseby-case basis. 5. Department Directors and other employees as designated by the City Manager shall be allowed to use City-owned vehicles as transportation to their homes from their place of work in addition to use during normal working hours, subject to cancellation at any time. Such use may be considered a taxable event for which the employee must agree to be responsible. Such vehicles shall not be used for other than official City business. They shall be kept clean and driven in a manner so as to conform to existing traffic regulations and not bring discredit upon the City. 6. Employees shall report all accidents and injuries to their Supervisors or Department Directors as soon as possible after an accident. Injuries of a minor first aid nature may be treated at the job site or department office. Rescue squad services may be used to transport employees to a hospital if the accident or injury results in the incapacitation of the employee. Within twenty-four (24) hours of the accident, the City employee or their Supervisor shall file an accident injury report with the City Manager. Employees who have an accident with a City-owned vehicle shall first notify emergency rescue services, if necessary, then a law enforcement agency, and then their Supervisor or Department Director. Both law enforcement and the Supervisor or Department Director must be notified regardless of how minor the accident may be. Employees with commercial driver s licenses shall comply with all applicable requirements for drug and alcohol testing Investigation by Outside Agency Complaints or allegations that may be criminal in nature may be referred to an appropriate outside agency for investigation. Page 1.10

25 2. Employment Process The quality of service provided the public is directly affected by the selection and placement of personnel. In order to assure placement of the best candidates for every vacant position, primary consideration will be given to the capabilities of candidates to perform duties with a high degree of proficiency. Vacancies may be filled by transfer, promotion, demotion, and re-employment or from an employment list or other selection process established for filling each particular vacancy. This process applies for all full-time and part-time positions that are scheduled to work more than 20 hours per week. After each recruitment or promotion and subsequent appointment, the employment list established for that recruitment will be retained for six (6) months and may be used in additional recruitments Eligibility for Employment All applicants for City employment must present evidence that they are eligible to be employed in the United States. All law enforcement applicants must meet the Arizona Law Enforcement eligibility standards. To be eligible for promotion or transfer, an employee must be in good standing, have an acceptable overall work record, and have completed the introductory period. The City Manager may approve a promotion or transfer for an employee who has not completed the introductory period upon the recommendation of the Department Director Departmental Placement When a vacancy occurs, the Department Director may, with the approval of the City Manager, choose to fill the vacancy by an internal promotion or transfer. When a vacancy is to be filled by promotion or transfer, the Department Director shall: Notify all department employees of the vacancy. This notification may be oral or written as long as all employees are notified. Conduct interviews with any department employee who applies for the vacant position. Select that employee who best meets the requirements of and minimum qualifications for the job. Notify department employees of the hiring decision. There are no time limits for this process, beyond those required for the proper notification and consideration of any employee that applies. If internal candidates from other departments are to be considered, the Department Head shall follow the guidelines described in the sections that follow. Page 2.1

26 2.3. Job Posting When job openings arise, qualified internal candidates will be given full consideration in filling those openings. To encourage employees to express their interest, the City has established a job-posting program. Vacant positions will be posted on bulletin boards in central City locations. The postings will notify employees of openings and provide a method for employees to apply. All full-time and part-time employees, who have worked a minimum of ten (10) hours per week during the preceding six (6) months, shall be eligible to apply for internal job postings. Depending on the requirements of the job vacancy, the Department Head may choose to begin the advertising and external recruitment process concurrent with the job posting. This will expedite the recruiting process in situations where there are few or no internal candidates. A. Employee Responsibilities Employees are responsible for monitoring job vacancy notices and submitting their application forms for jobs posted to the hiring department. They are also responsible for demonstrating that they are qualified for any open position. B. Department Review The hiring supervisor will contact employees who apply to discuss the job opportunity and the employee's qualifications. If the employee is not selected, the hiring supervisor will notify the employee and will generally explain the reason(s). C. Notification of Current Supervisor Employees are not required to notify their supervisors when applying for a posted position in a different department. If an employee is a finalist for a position, the hiring supervisor will contact the current supervisor for, among other purposes, a recommendation Job Announcement All positions, other than temporary or those the City Manager approves to be filled by internal promotion or transfer, shall be publicized to the general public by any of the following methods as determined by the Human Resources Director: advertisement in a newspaper of appropriate circulation, posting announcements in the City buildings, posting through electronic means such as the Internet, or any other methods determined appropriate. A. Announcements The announcements shall specify the title of the position, the nature of the work, the minimum requirements for the position, how to apply, and the salary range or pay level. The announcement shall indicate that the City is an equal opportunity employer. Page 2.2

27 B. Timing The announcement will normally be open for a minimum of five (5) working days and contain a closing date for receipt of applications, as determined by the Department Director and the Human Resources Director. The application deadline may be extended as necessary. C. Re-Advertisement If a position vacancy occurs within six (6) months of the closing date of a previously advertised position in the same classification, the position will not require readvertisement. If there are not a sufficient number of qualified applicants, a position may be re-advertised. D. Part-Time Positions The City Manager may authorize part-time appointments, provided budgeted funds are available, without application of this recruitment process. E. Temporary Positions The City Manager may authorize temporary appointments, provided budgeted funds are available, without application of this recruitment process. Temporary positions shall generally be limited to a maximum of six (6) calendar months. Temporary positions may be extended at the discretion of the City Manager. Temporary employees may apply for part-time or full-time positions through the normal application process for the general public Employment Application An applicant is an individual who applies to the City in response to a job announcement by completing an official City employment application. A. Application Forms Completed and signed application forms will be required before any selection decision is final. Application forms shall be accepted for all positions that are open. An applicant may apply for more than one open position. Application forms will require information regarding training, work experience, other personal and employment information, and employment references. Each application must be signed by the person submitting the application. All applications, together with accompanying materials, become the property of the City. The employment process may require that applicants submit to a physical examination in compliance with the Americans with Disabilities Act and to a background investigation. Page 2.3