Resolution No. 07-31 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
- RESOLUTION NO. 07-3)
A RESOLUTION ADOPTING REVISIONS TO THE CITY WIDE PERSONNEL POLICIES
WHEREAS, the City Wide Personnel Policies have not been comprehensively reviewed and updated
since 1998; and
WHEREAS, this review and update has been conducted by the City; and
WHEREAS, these proposed revisions to the City Wide Personnel Policies have been included in
Exhibit A.
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that:
SECTION 1: The proposed Revisions to the City Wide Personnel Policies are adopted effective July
1, 2007.
PASSED: This day of 2007.
0
Mayo - City of Tigard
ATTEST:
'*'City Recorder- City of Tigard i
RESOLUTION NO. 07- �J
Page 1
Red = New Language
EXHIBIT A- PROPOSED REVISIONS TO
City of Tigard Personnel Policies
Revised June 12,2007
Deleted:ARTICLE#
POLICY,NUMBER AND TITLE --
30.0 Purpose
31.0 Code of Ethics Deleted:for city Employees
32.0 Conduct and Appearance--------------------------------------------------------------------------------------- Deleted:of City Employees
33.0 Equal Employment Opportunity/Non-Discrimination/Anti-Harassment
34.0 Workplace Violence
35.0 Drug and Alcohol Free Workplace
36.0 Safety Policy
37.0 Recruitment and Selection
38.0 Employment of Relatives/Domestic Partners
39.0 Temporary Employees/Intern Employment_____ --------------------------------- Deleted. Contracted Services
40.0 Outside Employment
41.0 Background Checks
42.0 Employee Pictures
43.0 New Employee Orientation
44.0 Personnel Records
45.0 job Attendance
46.0 Pay Dates------------------------------------------------------------------------------------------------------------------- Deleted:and Payroll Advances
47.0 Training,Education,Travel and Expense Policy
48.0 Written Departmental Rules and Standard Operating Procedures
49.0 Electronic Communications
50.0 Political Activities
51.0 Smoke Free Work Environment
52.0 Performance Summaries Deleted:Reviews
53.0 Driving and Vehicle Operatior�-------------------------------------------------------------------------------- Deleted:Use of City Owned Vehicles
54.0 Use of City Property and Information
55.0 Personal Property
56.0 Family and Medical Leaves of Absence----------------------------------------------------------------------- Deleted:(Revised)62.O Hazard
57.0 Classification Plan Communication$
58.0 Compensation Administration
59.0 Complaint Process
60.0 job Sharing
61.0 Reporting Improper Government Action
62.0 Inclement Weather
63.0 Solicitation on City Property
64.0 Defense and Indemnification of City Officials
65.0 Voluntary Resignations
30.0 PURPOSE
These personnel policies and procedures are designed to inform all employees of the day-to-
day administrative guidelines and practices,of the city_They are also meant to provide Deleted:Working
employees with an understanding of what is expected of them and to provide consistent,fair
and uniform treatment to all.The rules and procedures contained herein shall apply to all
city employees.Where the provisions of a collective bargaining agreement or individual
employment agreement with the city differ from these rules,the language in theagreement--------.- Deleted:bargaining
shall prevail.
The city reserves the right to change any of these policies and procedures at any time.
Although it is the city's policy not to terminate the employment relationship with the city
unless it has just cause to do so,these policies and procedures do not and are not intended
to constitute a contract of employment no to limit the ci 's right to disci line or terminate Deleted: a promise or guarantee of
employees.Certain management personnel have individual employment agreements,and specific treatment in specific situations
those agreements prevail where appropriate over these policies as to the individual employee
covered by the agreement.The city has entered into collective bargaining agreements that
cover certain job classifications,and those collective bargaining agreements prevail where
appropriate over these policies as to the employees who are covered by the agreements.The
city also has a separate set of management personnel policies for non-represented personnel
and those policies prevail where appropriate over these policies.
Nothing in these policies shall be interpreted as restricting or prohibiting an employee's
performance of the employee's official duties.Any prohibition stated in these policies does
not apply if the employee is performing a legitimate work task as a city official or employee.
For example,accessing inappropriate websites is not prohibited if it is done as part of an
employee's work tasks (e.g.police investigation,personnel investigation,or other legitimate
task).
Authority and Rs�onribilit
The Mayor and the city Council shall set general personnel guidelines through the adoption
ofAe city budget,_pay_plans,_collective bargaining agreements,and ordinances and Deleted:shall have authority over all
resolutions adopting and/or amending the personnel rules and regulations. matters of personnel administration
through adoption and implementation of
The city Manager may interpret the language of the rules and regulations in any case where
interpretation is in question,and may specifically delegate the authority for the enforcement
of these rules and regulations.
The city Manager shall be responsible for ensuring the effective implementation of these
rules and regulations and may further establish,amend or otherwise modify these rules and
regulations - Deleted: pursuant to City Council
--------------------------------------------------------------------------------------------------------------' policies.The City Manager shall advise the
City Council on any changes concerning
these rules and regulations.
31.0 CODE OF ETHICS Deleted:FOR CITY EMPLOYEE
V------------------- ----------- -----------------------------------
City employees have a special responsibility to act on behalf of the public good and to
ensure that the public's trust in government is respected.Public service requires a continual
effort on behalf of employees to guard against conduct that is not only illegal but also
conduct that could appear inappropriate or a conflict of interest to a reasonable observer
even if the conduct is not against the law.Just because an action is legal doesi t necessarily
mean it is right or good. Conduct which is or pwAd appear dishonest,inappropriate,appear Deleted:
to enrich the employee,their families or their businesses,or to be a conflict of interest to an
observer will undermine the public trust and is prohibited. Each employee is expected to---------- Deleted:even if the conduct is not
report any actual or potential conflict of interest to their supervisor.Examples of conduct illegal
which are prohibited include but are not limited to:
• No employee may use the employee's employment in any way to obtain financial
gain for the employee's household or family or any business with which the
employee or member of the employee's household or family are associated;
• No employee may use information received because of city employment for private
gain if that information is confidential or normally not available to the general public
or has not otherwise been dispersed by the city;
• No employee may solicit private business from other employees for personal gain
while on duty,while wearing a uniform or insignia that identifies them as city
employees,while in a city vehicle,or while on city premises.
• Employees may not solicit or receive a promise of future employment with the
understanding that the promise will influence the employee's official action;
• Employees may not take any action on behalf of the city,the effect of which would
be to the employee's private financial gain or loss,without first notifying the
employee's department director in writing of the potential conflict of interest;
• City employees shall not serve on city policy boards or committees except as
specifically provided by ordinance or as required to perform as part of their official
City duties.
• City employees may not use city time to participate in matters of personal interest.
• When giving testimony unrelated'to their assigned city responsibilities,city
employees will identify,themselves as private citizens and not use-information-or----------f Deleted:should recognize
facts that have come to them by virtue of their employment and are not subject to
disclosure to the public. .--- Deleted:In matters of personal interest,
---------------------------------------------------------------------------------- employees should conduct themselves so
as not to impair their working relationship
with other employees or with public
officials.
The code of ethics is intended to convey the general expectations of what is considered to be
appropriate conduct for a city employee.If a situation occurs where it is difficult to
determine the proper course of action,the matter should be discussed openly with the
immediate supervisor,and if necessary,with the department director for advice and
consultation.
All city of Tigard employees are considered public officials and are subject to the State of
Oregon's Government Standards and Practices (ethics)laws.The city will comply with these
and all applicable laws and regulations and expects its directors,managers,supervisors,and
employees to conduct business in accordance with the letter,spirit,and intent of all relevant
laws and to refrain from any illegal,dishonest,or unethical conduct.
In general,city employees are encouraged to not accept personal gifts.rState law_does____________ Deleted:However,
provide certain guidelines for the receipt of gifts as a public employee and the City of Tigard
requires its employees to comply with those-standards-.-Pursuant-to-ORS-(Oregon Revised______"__-- Deleted:will
Statutes) Chapter 244,Government Standards and Practices,the following restrictions apply
to the acceptance of gifts or gratuities:
• City employees may receive food,lodging and travel when participating in an
event which is related to the employee's official position and when the
employee is appearing in his/her official capacity.Food and/or beverages
consumed by the employee in the presence of the purchaser or provide;is........."- Deleted:d
acceptable.
• Receiving entertainment gifts is acceptable only a)when the entertainment is
experienced in the presence of the provider,and b)when the value of the
entertainment does not exceed$100 per person on a single occasion and is
not greater than$250 in any one calendar year.
• Gifts exchanged between co-workers for occasions such as birthdays and
holidays are not prohibited.
• Unsolicited awards for professional achievement may be accepted.
• �mployees shall not accept any special favors,gifts,_or_gratuities resulting_ Deleted:
and community cooperation are
- -
from or related to employment with the city unless otherwise specified in this also allowed.¶
policy.In this regard,the appearance of impropriety can be as damaging as
actual impropriety and is equally to be avoided.
Aat _allow acceptance f n_mfts of nominal value eDeleted:D
`gyp-rtmen-------- -`�ector ma-----------yllonooneta-- -- - -- - ---- - --------�'�----------------------------(--.g��------=---- -
undex$50),which are available to be shared by all em to es in a nonbiased or Deleted:Heads
- - - p y
nondiscn'r natory manner or on behalf of an area nonprofit public service agency. Deleted:loo
Deleted:at holidays or special occasions
Any person who observes unlawful or improper action(s)by a city,employee is expected to
report them.The matter should be reported to the employee's immediate supervisor.If the
supervisor appears to be involved in the improper action,the report can be made to the
department director,City Manager,or Human Resources.
Some employees may own property in the city resulting in the employee having to interact
with the city regarding the employee's non-employment interests. Other situations,such as
traffic violations or parking tickets,may arise in which the employee as an individual has to
communicate with the city as an individual outside the employment context.Being an
employee does not affect the employee's relationship with the city in the non-employment
context in any manner.A person who is an employee shall be treated the same as any other
person in these situations,and employees shall not seek special treatment from the city.An
employee may not use the person's status as an employee or information obtained as an
employee to gain an advantage that non-employees could not obtain.An employee may not
use on-the-job time in the employee's dealings with the city in non-employment matters.For
example,an employee who needs a city permit must not submit an application,discuss the
permit with the department issuing the permit,or take any other action related to the permit
while on the job during working hours.A person who is at lunch or other recognized break
is not considered"on the job".
In the event an employee seeks a permit or otherwise interacts with the city on personal
business,and the employee may be in a position to take action in the employee's official
capacity or the employee's department is likely to be involved,the employee shall inform the
employee's supervisor immediately in writing or email.The supervisor shall take steps to
ensure that the employee is screened from participation in any official process related to the
employee's personal business and that the employee has no access to information that non-
employees would not have access to.Screening shall include a requirement that there be no
communication with the affected employee that would not occur if the person involved were
not an employee.
32.0 CONDUCT AND APPEARANCE ,,,,,,{Deleted:OF CITY EMPLOYEES
The City of Tigard is committed to providing efficient,courteous,friendly service to its
citizens consistent with its mission statement and embodying the highest standards of public
service.Each employee in his or her position represents the city to the public;therefore,it is
the obligation of every employee to be safe,courteous,friendly and efficient in the
performance of their duties,to treat all those encountered in the course of work
professionally and with dignity,and to present a well groomed personal appearance and
dress consistent with their job assignment.
The City of Tigard is also committed to promoting a work environment based on mutual
trust,acceptance,productivity and respect for the dignity of every member of the city staff.
We are committed to opposing behavior that detracts from the ability of each employee to
perform at his/her highest level to fulfill the mission of the city.Employees have the
responsibility of working cooperatively with co-workers to create and maintain a positive
Deleted:,supporting and ability by
work environment.This includes respecting the individual rights of others✓ reasonable standards of conduct
Employees of the City of Tigard shall maintain the ethical standards required of a public
employee,and shall insure that off the job conduct does not impair their effectiveness on the
job.The expected standard of conduct for all employees in the city service shall be in the
public interest as opposed to individual interest.In addition,each employee shall exhibit care
and responsibility with public property and shall strive to reduce costs of materials and
services in the performance of their duties.
The continued employment of every employee shall be conditioned on good behavior and
satisfactory performance of duties.Examples of appropriate behavior in the workplace
include,but are not limited to: 1)presenting a cooperative and professional image 2) treating
others with respect 3)working effectively with others and functioning as part of a team 4)
being flexible to accept changes in a positive manner,and 5) communicating effectively in a
constructive,respectful manner including the proper use of tone and volume.
Failure to meet the expected standards of conduct and appearance shall be grounds for
disciplinary action,up to and including termination. Causes for disciplinary action include,
but are not limited to,the following:
• Improper use of an employee's position for personal gain;
_ -- Formatted:Bullets and Numbering
• Inappropriate use of information gained from employee's job;
• Inefficiency or incompetence;
• Misuse or abuse of city or public funds,or theft or misappropriation of the property
of others;
• Failure to report for duty ready,physically able,with or without reasonable
accommodation,and appropriately attired to work;
• Actions which are violations of ethical standards;
• Acts of discrimination or harassment based on race,religion,color,gender,national
origin,age,marital status,sexual orientation,or disability;
• Acts of retaliation against employees for any reasons specified in these policies
• Neglect of duty or negligence of duty causing risk of personal injury to the employee
or any other employee or a member of the public or causing risk of damage to
property;
• Insubordination and/or discourteous treatment of a Supervisor,Department
director,City Manager,City Councilor,the public or a fellow employee;
• Failure to establish and maintain an effective working relationship with the
employee's supervisor and/or co-workers.
• Gambling for items of value during working hours or on city premises,including
participating in internal pools or wagers;
• Solicitation of a contribution,response or action in the name of the city designed to
further a political or charitable cause while on duty;
• Acceptance of gratuities or gifts in violation of State ethics laws or city policy;
• Theft of,damage to,negligence or improper or unauthorized use of city vehicles,
equipment or property;
• The use of intoxicants or illegal use,possession,distribution or sale of controlled
substances on the job or on city premises or reporting for work under the influence
of intoxicants or controlled substances;
• Habitual or excessive absence or tardiness or abuse of sick leave privileges;
• Absence from duty without authorization or failure to follow department
notification procedures regarding absence or tardiness;
• Violation of safety rules or policies;damage to or negligence in the care and handling
of city property;
• Conviction of a felony or conviction of any crime where the conviction would
impair effectiveness as a city employee or bring discredit or reproach on the city or
department involved;
• Dishonesty;
• Fraud or misrepresentation in securing employment;
• Use of city time,property or equipment for personal purposes without supervisory
approval,subject to reasonable interpretation and enforcement.For example,the
occasional making or receiving of personal phone calls would not be a violation of
this standard;however,the use of a computer on or off duty time to carry on an
outside business would be.Stopping at a restaurant in a city vehicle,if reasonable on
the way to or from meetings or field work assignment,would not be a violation;
taking one to a doctor's appointment would be. Deleted:Claim of sick leave under false
___________________________________________ pretenses or misuse of sick leave;
• Fighting,use of force,intimidation,abusive language or mannerisms,or other
conduct that is unprofessional or inappropriate behavior,in-the-workplace or Deleted:violence
worksite;
• Possession of firearms or lethal weapons except for police officers and others
authorized to carry firearms;
• Willful violation of any provision of city ordinances,rules or policies,or any
provision of department/s rules and regulations;
• Other conduct unbecoming public service or reflecting discredits on the city or any
department.
The city respects an employee's individuality,and the use of common sense in choosing
appropriate clothing to be worn during business hours.Each employee should recognize the
importance of personal appearance to the professional image of the organization.Each
employee should dress and groom according to the requirements of the position and
accepted social standards.
Departments may establish dress/uniform standards for each of their positions.If an
employee's supervisor determines that the employee's personal appearance is inappropriate,
they may be asked to leave the workplace until the employee is properly dressed or groomed.
Under such circumstances,the employee will not be compensated for the time away from
work.Employees should consult their supervisor if they have questions as to what
constitutes appropriate appearance for their position.
Each employee must wear city identification as required by the city's security and building
access policies.
33.0 Equal Employment Opportunity/Non-Discrimination/Harassment Policy
The City of Tigard is committed to providing a workplace that is respectful and productive
for all of its employees,and one that affords equal opportunities to all employees and
applicants for city jobs.Discrimination on the basis of race,color,religion,sex,age,national
origin, sexual orientation,physical or mental disability,marital status or any other protected
group status as defined by federal,state or local law is prohibited. Harassment of any
employee based on these distinctions is also prohibited.,,Any employee found to have Deleted:inappropriate,offensive and }
engaged in harassment or discrimination will be subject to disciplinary procedures up to and illegal
including dismissal.These policies extend to all areas of employment,benefits,conditions, Deleted:,and will not be tolerated.
terms and privileges of service.If any employee is in need of reasonable accommodation
they should contact the Human Resources Division.
It is the responsibility of all employees,managers and supervisors to understand and comply
with these policies.Supervisors have the additional responsibility to support these policies,
and to take prompt,corrective action if harassment is found to have occurred.Management
is expected to encourage and support constructive and open communications in order to
prevent the development of hostile or discriminatory work environments.
Sexual Harassment
Sexual harassment is a form of sex discrimination and an unlawful employment practice
under Title VII,defined as deliberate or repeated behavior of a sexual nature which is
unwelcome.Harassing behaviors are judged not by the perceptions of intent of the alleged
harasser,but by how the recipient and reasonable people similar to the recipient perceive the
behavior.There are two major forms: 1) "Quid Pro Quo",which refers to requiring an
employee or co-worker to submit to unwelcome behavior as a condition of employment 2)
"Hostile Work Environment",which refers to behavior that creates or fosters an unwelcome
or abusive work environment.Harassment can include verbal behaviors such as unwanted
sexual comments,suggestions,jokes,or pressure for sexual favors;and non-verbal behaviors
such as suggestive looks or leering,and physical behavior such as pats,squeezes,or
repeatedly brushing against someone's body.
Some specific examples of inappropriate or illegal behaviors include:
• Negative or offensive comments,jokes or suggestions about another employee's
gender or sexuality;
• Slang,names or labels such as "honey","sweetie","boy","girl",that others find
offensive;
• Obscene or lewd sexual comments,jokes,suggestions,or innuendoes;
• Talking about or calling attention to another employee's body or sexual
characteristics in a negative or embarrassing way;
• Laughing at,ignoring or not taking seriously an employee who experiences
sexual harassment;
• Blaming the victims or sexual harassment for causing the problems;
• Continuing certain behavior after a co-worker has objected to that behavior;
• Displaying sexual pictures,cartoons,or calendars on any city property.
Sexual harassment in the workplace is strictly prohibited and any employee found to have
engaged in sexual harassment will be subject to disciplinary procedures up to and including
termination,,An employee who uses sexual behavior to create a hostile work environment deleted:a sm�55�t
--
for another employee or to implicitly or explicitly threaten,coerce,influence or affect the
employment,job status,salary or performance of another employee is engaging in sexual
harassment.
Complaint Procedure
It is critical that employees who believe that they have been subjected to discrimination or
harassment discuss the matter with their supervisor immediately.Employees are encouraged
but not required,as a first step,to confront the person who harassed them and state their
objection to the offensive behavior when it occurs.When the employee believes that he/she
is being harassed or discriminated against by their supervisor,they should notify their
department director,or any other supervisor,manager or director,or they may contact
Human Resources.Employees who believe that they have witnessed another employee being
harassed or discriminated against should also follow this procedure.
Reports on harassment or discrimination shall be investigated promptly.All employees
involved in an alleged case of harassment and/or discrimination will be treated with respect
and courtesy.Confidentiality will be maintained as far as practical given the complaint,law
and the investigation procedure.If the incident is isolated and of a less serious nature,the
supervisor may attempt to resolve it informally.In any case,the supervisor(or person
responding to the complaint)is required to document the incident and action taken,and
forward a copy to the department director and the Human Resources Director.
Any intimidation,coercion,discrimination or retaliation against an individual who files a
complaint or who testifies,assists,or participates in any manner in an investigation will not
be tolerated.All such acts against complainants or other participants should be immediately
reported to the supervisor,manager,department director or Human Resources.
34.0 WORKPLACE VIOLENCE
The City of Tigard is committed to the safety and security of its employees,citizens,and
visitors.All employees are expected to maintain high standards of employee behavior
including respect for the dignity of all individuals.As a result,threats,threatening behavior,
or acts of violence against or by employees,visitors,or guests on the City of Tigard property
will not be tolerated.Furthermore,verbal or physical threats,aggressive or threatening
behavior,or acts of violence off city property by city employees will also not be tolerated.
Any person who exhibits threatening behavior or engages in violent acts on City of Tigard
property should be removed from the premises as quickly as reasonably possible,and shall
be required to stay off city premises pending the outcome of an investigation into any
incident.In cases where the reporting individual is not a city employee,the report should be
made to the City of Tigard Police Department.The city will investigate threats and acts of
aggression/violence and will take prompt corrective action where appropriate. In the event
the investigation discloses prohibited behavior the city has the right to take any steps the
City Manager deems necessary.This response may include,but is not limited to,discipline
up to and including termination,and/or criminal or civil prosecution of the person or
persons involved. The need to_prevent_a threat from being_carried out,-a-violent-act-from_--------- Deleted:This response may include,but
occurring,or a life threatening situation from developing shall supersede any policy,practice is not limited to,suspension and/or
termination of any business relationship,
or procedure which may appear to prohibit taking action to avoid the violence. reassignment of fob duties,suspension of
at least one week or termination of
All City of Tigard personnel shall notify their supervisor,department director,or the Human employment,and/or criminal or civil
_ __________________ prosecution of the person or persons
Resources Director of any threats which they have witnessed,received,or have been told involved.¶
that another person has witnessed or received.Even without an actual threat,personnel Deleted:head
should also report any behavior that might be carried out on a City of Tigard controlled site,
oris connected to city employment.If the supervisor,department director,or Human Deleted:head
Resources Director is not available,personnel shall report the threat to the City Manager's
office.All supervisors and managers are responsible for taking workplace violence issues
seriously and following prevention,policies and procedures as appropriate. .It is up to all
employees to assist in the identification and resolution of threatening or violent behavior.
Preventing and de-escalating violence is not solely a management responsibility.
All individuals who obtain a protective or restraining order which lists City of Tigard sites as
being protected areas,must provide their supervisor and the Human Resources Director a
copy of the order(s).The City of Tigard understands the sensitivity of the information
requested and has developed procedures which recognize and respect the privacy of the
reporting employee(s).
Specific examples of conduct prohibited under this policy include,but are not limited to,the
following:
. .._------ Formatted:Bullets and Numbering
• Hitting,shovingxpushing,spitting on someone,obscene or threatening-gestures,acts_______
of physical intimidation such as standing inappropriately close to someone or Deleted: an individual
pointing a finger close to someone's face;
• Threatening to harm an individual or his/her family,friends,associates,or their
property;
• Unauthorized possession or use of a weapon; Formatted:Bullets and Numbering _
• Damaging or vandalizing city property or facilities,or the property of others;
• Intentional destruction or threat of destruction of property owned,operated,or ------ Formatted:Bullets and Numbering
controlled by the City of Tigard;
• Harassing or threatening telephone calls,letters or other forms of written or
electronic communications;
• Intimidating or attempting to coerce an employee to do wrongful acts that would
affect the business interests of the city;
• Harassing surveillance,also known as"stalking,"the willful,malicious and repeated
following of another person and making a credible threat with intent to place the
other person in reasonable fear of his/her safety;
• Making a suggestion or otherwise intimating that an act to injure persons or property
is"appropriate,"without regard to the location where such suggestion or intimation
occurs.
To protect the safety of city work sites,employees and others performing services for the
City are prohibited from carrying,possessing or using guns or other dangerous weapons or
devices on city property,except when specifically authorized and trained.This prohibition
does not apply to an employee authorized to carry weapons as part of their job
responsibility,such as police officers."Deadly weapon"means a device,instrument or object
that is specifically designed for causing death or serious physical injury.This prohibition
applies to each employee,other than a sworn police officer,who has a concealed weapon
permit.This prohibition does not apply to personal defense devices provided these devices
are only used for personal defense.
Threatening or violent behavior from customers is not acceptable and will not be tolerated.
Employees are directed to report the matter to their supervisor,department director or
Human Resources immediately and to record threats in writing as soon as possible after the
threat is communicated to management.
35.0 DRUG AND ALCOHOL FREE WORKPLACE
The City of Tigard recognizes that the use of drugs and alcohol which adversely affect job
performance may constitute a serious threat to the health and safety of the public and
employees and to the efficient delivery of city services.City employees are expected and
required to report to work on time and in appropriate mental and physical condition for
work.The use of illegal substances and abusive use of controlled substances by employees
not only affect job performance but decrease productivity,lower morale,and create a
hazardous environment.Pursuant to the Drug Free Workplace Act of 1988 and in response
to the growing awareness of substance abuse,the illegal or unauthorized manufacture,
distribution,dispensation,possession,sale or use of alcohol or controlled substances .- Deleted:unlawful
Deleted:drags
while on city premises or while conducting City business is strictly prohibited and will not be
tolerated.Employment with the city is conditional upon the employee's acceptance of the
terms of this policy.
Violations of this policy will result in but is not limited to disciplinary action,up to and
including termination.The following conduct is prohibited while on duty,during lunch and
or breaks,or on paid standby:
• Use of alcohol
• Being under the influence of alcohol
• Being under the influence of drugs
• Having a detectable odor of alcohol on the breath
• Failure to report limitations or impairment caused by prescribed drugs or over the
counter drugs
• Failure of an employee to submit to an alcohol or drug screening test pursuant to
City policy
The unlawful buying,selling,transportation,possession,providing or use of illegal drugs is
�t all times._
Deleted:and illegal
pxohibited
This policy is not intended to prohibit the safe and legal use of prescription and non-
prescription medications.However,employees taking medication that may impede or
otherwise affect their ability to safely and efficiently perform job assignments shall report the
medication to their supervisor or department director immediately.
The City shall follow the Mandatory Drug and alcohol Testing Program for Commercially
Licensed Drivers (CDL)Policy for employees in positions subject to this policy where
appropriate.
The City reserves the right to require employees and applicants to undergo the following
tests designed to detect the presence of alcohol,illegal drugs,and other controlled
substances:
I comment:Relocated here from
Pre-EVloyment Drug TesfinA another article
---------------------------------------------------------------------------------
The City of Tigard,in a positive effort to provide a healthy and safe working
environment for all its employees and the citizens of the community,requires a pre-
employment drug screen.Finalists for city jobs must successfully pass the drug
screen test as a final condition of the job offer.Temporary employees including
agency employees must also successfully pass a drug screen test prior to
employment.The confirmed presence of any illegal drug in�Ae_drug-screen will_be--------,-- Deleted:a urine sample
cause for disqualifying an applicant.If an applicant is taking prescription medication,
this must be substantiated by a physician's report or statement.The report should
indicate whether or not the taking of these legal drugs will prevent or alter the
person's ability to perform essential job duties.If the report indicates the person
cannot perform essential job duties while under the influence of these prescribed
legal drugs,this shall be grounds for disqualification.
Post Collision Testinn
Any collision or incident in the workplace involving a city employee performing city
business or driving a city vehicle that results in property damage or physical injury to
any person may also be considered as constituting reasonable suspicion for testing,if
in the city's opinion,the use of alcohol or drugs may have contributed to the
collision.
Reasonable Su�icion Testin
All employees reporting to work,conducting city business,or on city premises,shall
be subject to drug or alcohol testing if the city has reasonable suspicion that the use
of any drugs or alcohol is adversely affecting job performance or endangering the
safety of employees or the public,or if there is reasonable suspicion that the
employee is under the influence of drugs or alcohol.The decision to request a
reasonable suspicion test must be based on specific actions or behaviors of an
employee concerning the employee's appearance,behavior,speech or work
performance or the odor of alcohol or other controlled substance emanating from
the employee.Examples of actions or behaviors which may trigger reasonable
suspicion testing include lack of dexterity or fine motor skills,slurred,confused or
fragmented speech,difficulty focusing eyes,unusually hostile or abusive manner,
abnormal conduct or erratic behavior not otherwise normally explained,the odor of
alcoholic beverage or other controlled substance on breath,observation of alcohol or
drug use,etc.
The employee will be given the opportunity to explain if his/her behavior triggers
suspicion.However,the city reserves the right to determine whether reasonable
suspicion exists.Only supervisors trained in the signs and symptoms of drug and
alcohol use may order reasonable suspicion testing. The supervisor is responsible for
ensuring the employee is escorted to and from the test.collection site.
If it will not cause an unreasonable delay,a second supervisor,manager or director's
opinion that a test should be required will be obtained.A written record will be made
of the observations which support the reasonable suspicion testing.Reasonable
suspicion testing is not the same as random testing.
The city can test at other times should the employee be on a performance plan,last chance
agreement or other plan due to repetition of a drug/alcohol issue at the worksite.
,!,nem to ee shall also be required to give Human Resources written notice of an criminal Deleted:
lted:As mandated by the Drug Free
p y------ q ------- ---------------------------------------------------------------
--------------------------------------------y---------------"" Act,any conviction for a
conviction involving illegal drug activity,driving while intoxicated(DUI)or for any other violation of a criminal drug statute
violations which include alcohol or drugs no later than five calendar days after the occurring in the workplace shall be
reported to the City in venting
conviction.Once a verifiable conviction is reported,the city will be required to notify the
Federal Justice Department within ten days after receipt.Incumbents in positions covered by
the Department of Transportations Mandatory Drug and Alcohol Testing Regulations will
also abide by those requirements.
In the event an employee witnesses behavior during work or on the city's premises that
appears to be in violation of this policy,the employee should report this concern to a
supervisor or department director,or to Human Resources.If the employee believes his/her
supervisor or other management employee is in violation of this policy,the employee should
report this concern to the next level of supervisor or directly to Human Resources.
Employees needing help in dealing with substance abuse problems are encouraged to use the
Employee Assistance Program and health insurance plans,as appropriate.It is the desire of
the city t%supportallemployees in their efforts_to_address_personal issues_with substance______ ---- Deleted: help these employees
- --------------------
abuse,while at the same time ensuring that they will not endanger themselves or other
persons.However,violations of this policy will result in disciplinary action up to and
including termination. Continued poor performance or failure to successfully complete a
rehabilitation program,are grounds for$ennination. ""
Deleted:dismissal
Deleted:As part of the City's efforts to
---------------------------------------- ------------------------------------------------ educate all employees about the potential
personal and professional hazards of
36.0 SAFETY POLICY substance abuse,the City will provide an
annual mandatory educational program.
The City will provide a copy of the drug
The City of Tigard is concerned about the welfare and safety of employees and the public. policy to all employees and include this
policy in its orientation to new employees.
The City acknowledges the obligation,as the employer,to provide the safest possible Supervisors will also be required to attend a
working conditions for employees,and,as a government service organization,to provide a training program to help them recognize,
safe environment for the public. document and handle performance related
issues.Additional information is available
through the City's Employee Assistance
In order to ensure the effective implementation of the City of Tigard's Safety Policy, Program or by contacting Human
¶
responsibilities shall be as follows: Resources.
The City Manager and department directors accept the responsibility for the development
and maintenance of the safety program,for its effectiveness and improvement,and for
providing the safeguards required to ensure safe working conditions.
The division managers and supervisory personnel are responsible for developing the proper
attitudes toward safety in themselves and those they supervise,for ensuring that all
operations are pe4ormed-in-a-safe manner,providing adequate txainingprocedures fox Deleted:re
operations,and reporting and investigating all incidents immediately.
The employees axe responsible for cooperation all aspect of the safe ro am, Deleted:of
p P p p---
observing safe working practices,complying with safety directions and procedures,and
reporting all incidents immediately to the supervisor.
The Safe Office is responsible to coordinate and de the overallCi Safe Pxo am Deleted: (Risk Management Division)
Safety p ------------- ----- ty-- fety-Progr --'-------"
serving as a resource to departments as individual safety training programs are developed,
reviewing incident reports,and providing adequate information sharing between
departments and the various insurance carriers.
Penaltie for Violation of the Safety Polio
In order to maintain a safe and productive work environment,a violation of this policy will
be considered a very serious case of misconduct and subject to disciplinary action up to and
including termination.
Further information and procedures related to this policy are contained in the City of
Tigard's Risk Management Manual.
37.0 RECRUITMENT AND SELECTION
The City of Tigard seeks to ensure that each position is filled by an employee whose
experience,training and skills make him/her the best match for work.of the position.
Further,the City seeks to assure fair treatment of all applicants and all employees in
recruitment,selection and placement without regard to age,sex,marital status,race,creed,
color,national origin,sexual orientation,mental or physical disability,or any other protected
group status as defined by federal,state or local law. It is the policy of the City of Tigard to
not accept,retain,or respond to unsolicited resumes or applications.
fob Announcements
Recruitment announcements shall beosted b position in or the len of the pp-a lication Deleted:Human Resources and each
P Y p City facility
period.Position vacancies may also be advertised in the appropriate labor market.In keeping
with the city's commitment to equal employment opportunities,an effort will be made to
announce position vacancies with resources likely to provide qualified,protected-class
applicants.Positions may be opened internally(for City of Tigard regular and temporary
(non-agency) employees only),or externally(for city employees,volunteers and non-
employees),at the discretion of the department director and as prescribed in applicable labor
agreements.Internal postings shall be announced at least five(S)working days,unless
otherwise specified in collective bargaining agreements.External announcements shall be
announced as determined by the Human Resources Director and hiring department director.
Previously certified lists of qualified candidates may be used to fill a vacancy as specified by
these rules and in accordance with posting requirements of bargaining agreements.Deadlines
for job openings may be extended by reopening the position,with or without additional
advertisement,if,in the view of the Human Resources Director,insufficient applications
from qualified persons are received.
At the discretion of the Human Resources Director,job announcements may be posted for
individual positions or to establish a pool of qualified candidates for anticipated vacancies. Deleted:All applicants will asked to
' voluntarily complete a form providing
Exceptions to the recruitment and posting requirements may be made for department information regarding ethnic background,
director and assistant city manager vacancies at the discretion of the Human Resources date of birth,sex,etc.The form shall state
that the information is voluntary and will
Director. be used only for applicant profile purposes,
and that the form will be detached from
the application materials prior to any
------------------------------------------ ---------------------- -------------- evaluation of the application.¶
Late applications will not be accepted
Applications except in the case of extraordinary
circumstances as determined by the
Human Resources Director.¶
Human Resources will prescribe the application form(s)to be used for each recruitment that When it is determined appropriate by the
fairly test and determine the qualifications,fitness and ability of a candidate to perform the Human Resources Director,application
materials received for one vacancy may be
duties of the class for which they seek appointment. considered for a subsequent vacancy in the
same job classification
Deleted:In order to be considered for a
.-'- position,an application must be completed
and signed,or a resume submitted and filed
DisAuali icadon ofAppkcantf by the stated deadline date.¶
Applicants must generally be at least 18
years of age.Applicants under 18 years of
The Human Resources Director may disqualify an applicant from the selection process, age must obtain a work permit from the
refuse an applicant the opportunity to take an examination,and remove his/her name from a Oregon State Bureau of Labor.Applicants
who are not citizens of the United States
hiring list for reasons including,but not limited to: must be of a status that allows them to
work in the United States LekL6LpgThe
1. Failure to meet the standard published requirements for the class for which Human Resources Director,with the
advice and participation of the hiring
application is made. director,will determine the selection
procedures to be used to obtain the
2. Failure to furnish true statements of material facts. candidates who best match the
requirements of the position.Tests or
selection mechanisms may include but are
3. Practice or attempted practice of fraud or deception in connection with filing of an not limited to performance tests,
application. experience and education ratings,oral
examinations;demonstrations of skill and
tests of physical fitness and written
4. Failure of an applicant,after notification,to be promptly present at the time and examinations.¶
place designated for any portion of an examination. If the duties of the position require it,final
candidates may be scheduled fora pre-
employment medical or psychological
5. The applicant has used,or attempted to use,political pressure or bribery to secure an evaluation with a licensed physician or
advantage in testing or appointment. psychologist Selected the city.current
employees being considered for transfer or
promotion may be required to update
6. The applicant has been convicted of a crime directly related to the requirements and health or other background information or
to submit to a physical or psychological
performance of the position. examination.If the physician or
psychologist,based on standards
7. The applicant is a previous City employee who was terminated from City service or established by the City,deems any
candidate to be unable or unfit to perform
who resigned or retired in a manner in violation of City policy. the duties required of rhe position,they
shall file a report stating the reasons for
8. The applicant has refused to submit to required screening or examination making such a determinations and the
reasons for their rejection of the candidate.
requirements for the position. The City Manager shall make all final
decisions regarding the reports filed by the
physician and/or psychologist.These
9. The applicant is unfit or unable to perform the duties of the position based upon reports may be held in confidence by the
standards established by the City.
10. The applicant has otherwise violated policy,procedures,rules or regulations relating
to the application process.
11. The applicant has failed to respond to an employment offer made by the City.
O,ferr o- p1gyment
When a final selection has been made for the vacancy to be filled,the hiring department
director or supervisor shall issue a written conditional offer of employment to the chosen
candidate.Such offer shall state the position being offered,salary,starting date and any other
conditions of employment.In addition,the offer shall notify the candidate that employment
is contingent upon passing a pre-employment drug screen and,where appropriate,a pre-
employment physical and/or psychological examination. Deleted:The candidate shall also be
V------------- advised that a written acceptance of the
conditional job offer is required within ten
(10)calendar days of the receipt of the
offer.¶
38.0 EMPLOYMENT OF RELATIVES/DOMESTIC PARTNERS
It is the policy of the City of Tigard that two relatives or domestic partners may not be
employed,or considered for employment whenever one person might have supervisory or
management responsibilities affecting the other in such matters as wage and salary
administration,employee evaluation,transfer,promotion,assignment of work,discipline,
adjustment of grievances,or any other recommendations of personnel action,or whenever
such employment is deemed by the City Manager to be a conflict of interest.
For the purposes of this policy,relatives are defined as being an individual's spouse,mother,
father,son,daughter,mother-in-law,father-in-law,son-in-law,daughter-in-law,grandfather,
grandmother,step-son,step-daughter,step-parent,sister,brother,sister-in-law,brother-in-
law,uncle,aunt,niece,nephew,grandchild,domestic partner or any other relative.
If any of these conditions exist the city will ask that one of the employees transfer to another
position provided openings exist for which he/she is qualified,or resign,within 120 calendar
days of the change in status.If the individuals involved do not agree as to who will resign,
the City Manager shall decide based on merit and the needs of the city.
The provisions of the section shall not be retroactive.
Deleted:/CONTRACTED
39.0 TEMPORARY EMPLOYEES/INTERN EMPLOYMENT SERVICES
Tem�oraa Employees
Temporary employees may be hired to perform temporary or seasonal work.Temporary
employees may not work more than 1,040 hours in a twelve(12)month.,Employment of__-__- -- Deleted: whose anticipated durationis
temporary employees may be terminated at the sole discretion of the department director less than 1,040 hours in a year.
and/or City Manager.Temporary employees are not eligible to participate in the fringe
benefit package offered to regular employees and do not receive sick leave„vacation leave_ Deleted:,
or holiday pay.TceTporary_employees are covered by the city's liability and workers Deleted:A temporary employee may
compensation insurance,and may be eligible for unemployment compensation upon apply for regular City positions as an
termination pursuant to law. internal candidate.
A temporary employee may apply for regular City positions as an internal candidate.
An offer of temporary appointment shall be made in writing and shall clearly state the
temporary nature of the work,expected duration of employment,a statement that the
employment may be terminated at any time at the sole discretion of the city,and the absence
of any fringe benefits. Deleted:when a department utilizes the
-------- ------ --------------------------- services of a temporary service agency
neither a written offer of employment nor
Temporary employees,including agency personnel,are required to pass the city's pre- a Personnel Action form is required.
employment drug screen and may be subject to verification of applicable motor vehicle Deleted:a
license and acceptable driving record prior to employment with the city.
It is the obligation of the hiring department to maintain records of the hours worked by
temporary employees and to ensure that employment does not exceed the limit established
in applicable labor agreements.
Temporary employees usually will be paid at a rate within the salary range for the job class
which most nearly describes the nature of the duties assigned to the employee.
comment:Moved here from another
location
TemoraruSeruiceAgen�e�-----------------------------------------------------------------------------------------------
The city may contract from time to time for temporary service and/ox with outside
temporary employment agencies.Temporary employees,regardless of the source,are
required to pass the city's pre-employment drug screen and may be subject to verification of
applicable motor vehicle license,acceptable driving record and other background
verifications prior to employment with the city.Departments employing temporary
employees from outside agencies must use proper purchasing procedures under the City's
Purchasing Rules.
It shall be the department director's responsibility to ensure that independent contractors
meet all of the criteria under ORS 670.600 which defines the standards for an independent Deleted:student i
contractor(versus an employee) and possess all applicable certificates of insurance. Deleted:Student i
ntracted SeniceAl
Intern Emiloyment Deleted:Co
The City may utilize the services of an
independent contractor to meet short term
The city may place,or contract with other agencies to place,student interns on projects of non-recurrent or spec al project needs.It
shall be the department directors
limited duration with the city.An intern is usually a full or part time student at an accredited responsibility to ensure that the contractor
college or university whose work with the city is within their course of study. meets dofthe star under ors 670.600
which deefines thea standards for an
independent contractor(versus an
Guidelines for the employment of student interns are as follows: employee)and possesses all applicable
certificates of insurance.¶
ORS 670.600 provides the following
Interns shall be required to pass a pre-employment drug screen prior to appointment; standards in order for a business entity
providing labor or services to be
If applicable to the duties of the position,a student intern may be required to possess a valid considered an independent contactor.
They must be:¶
driver's license and to show proof of an acceptable driving record prior to appointment; <#>free from direction and control over
the way the work is done except insofar as
--- --------- ---- ----------- ----- ---- --- --- ----- ---------------- , the employer accepts or rejects
the resoles
-nens-receive-no-benefits,-and-are-not eligible-fox vacation,sick leave ox holida a ;
of the work;¶
<#>responsible for obtaining all
Interns may be paid at the rate specified by the educational institution through which they applicable business registrations or licenses;)
<#>furnish the necessary tools or
were hired,or,if there is no rate specified,the department may determine an appropriate equipment;¶
wage•' <#>determine his or her own work hours;¶
<#>have the authority to hue and fire
j other employees to perforin the labor or
J�n qns shall be-covered by the City _s general liabihty_and workers compensation insurance ;; services;¶
coverage,but shall not receive not accrue any other benefits generally received by regular <#>receive payment upon completion of
the performance or an annual or periodic
employees. retainer;¶
<#>represent to the public that they are
an established business and typically work
--------------------------------------------------------------------------------------------------' for two or more different persons during
the course of a year;¶
,,40.0 OUTSIDE EMPLOYMENT <#>pays federal or state income taxes mi
- ----------------------------------------------------------------------------------------------------------------------- the name of the business,or a Schedule C
No employee shall accept or retain paid outside employment,whether part-time,temporary on a personal tax retum;¶Departments may not enter into contacts
or permanent,without prior written approval of the department director.Each change in to provide labor or services with
outside employment shall require separate approval.A leave of absence will not be granted individuals who do not qualify as
independent contactors under the law.¶
to accept outside employment. , 11
The department director shall approve outside employment when the employment is ¶
Deleted:¶
compatible with their city employment,does not detract from the efficiency of the
employee's city work,does not conflict with the interest of the-city,,is not a-discredit to-the ,`` Deleted:and
city,.and/or does not-constitute an appearance of impropriety._An employee cannot be a Deleted:or
contractor or a sub-contractor on City projects,where the work performed is similar to the Formatted:Font color:Red
employee's city job.Extra duty required by city employment will have preference over
outside employment.
An employee's private business may not be conducted during work hours.An employee may
not use city equipment,materials,facilities or time in the conduct of outside employment.
Employees may not market or solicit outside employment business during work hours or on
city property without prior written approval of the department director.An employee's
position with the city may in no way be used as a means of receiving referrals,information
or other benefits for the outside employment.
Under no circumstances may city equipment or resources be used in outside employment.
The department director may at any time revoke permission to hold outside employment.
41.0 BACKGROUND CHECKS
Background checks are conducted to ensure the continuing safety of our workforce and
citizens,and the security of city resources.It is the policy of the City of Tigard to conduct
and/or request driving,criminal,civil,financial and/or other background records and checks
appropriate to the position on final external applicants for city positions,including job
classifications whose duties require a security clearance to operate within a Police or Court
System.At the discretion of the department director,record investigations may be also be
conducted on final internal applicants for,and current employees in,appropriate job
classifications including but not limited to positions that work with vulnerable customers
(children,elderly and the disabled),have direct and unauthenticated access to the City's
network resources,financial operations and/or those positions requiring security clearances
to operate within a Police or Court System. Department directors may also request record
investigations on volunteers and persons hired through temporary employment agencies or
as independent contractors.T4Human Resources Division will coordinate all background ,,- Deleted:Record checks will be
and investigations,except for Police Department positions. conducted only once on employees who
were hired before this policy was
implemented.
All City employees are required to report all criminal convictions and injunctions or
restraining orders filed against them to their supervisor and the Human Resources Division
immediately.Failure to do so may result in discipline up to and including termination.
Method and Timing
All job applicants will be advised in writing that an appropriate background/record
investigation is requested on the final candidate.All applicants who reach the final selection
stage must sign a waiver permitting access to their records.The final candidates will be
notified that the job offer is contingent upon passing the background check.The same
process will be followed for in-house applicants and current incumbents for the job
classifications specified by the department director.
If there will be a significant delay before the record investigation is complete,the applicant
may begin working,but only under direct supervision and with written notification that
employment may be terminated if a record is revealed that would justify doing so.
Use of the record and a third party investigator will trigger reporting requirements under the
Fair Credit Reporting Act(FCRA).These include providing the applicant or employee with a
notice of the decision not to hire or other employment action,a copy of the report,and a
copy of his/her FCRA rights before any adverse action is taken.
Background checks and records are confidential and will be kept in the Human Resources
Division,except for those records retained within the Tigard Police Department.
Appropriate background information will be shared with the hiring authority and/or
department director when that information is needed to make the evaluation described
below.Unauthorized access to or disclosure of these records is subject to discipline,up to
and including termination.
Process if a Record Exists
Human Resources will notify the department director of any record on an applicant,and the
decision concerning application selection will rest with the department director.In cases
concerning a current employee,the decision will also rest with the department director.The
department director will evaluate:
1. Whether the city's interests justify termination of
employment or disqualification of the applicant based on the
background record;
2. Whether the applicant/incumbent disclosed the information
on the employment application;
3. The nature and gravity of the offense and whether it indicates
a propensity to cause harm to other employees or citizens in
the community;
4. The time that has passed since the conviction or completion
of sentence;
5. Whether the individual completed treatment or rehabilitation;
6. The relationship between the nature of the offense and the
job in question
42.0 EMPLOYEE PICTURES
At the time of hire a photograph will be taken of each employee to be used for city of Tigard
identification/security badges.These photographs may also be placed on the internal web
site.In addition,candid photographs may be taken of employees at a variety of city
sponsored events and placed on the city's internal website.Employee pictures,as described
above,are intended for internal use only and may not be downloaded,forwarded,or
reproduced other than for internal city purposes without the expressed written permission of
the employee.
43.0 NEW EMPLOYEE ORIENTATION
The Human Resources pivision shall conduct a"new hire_n orientation Director or other designated
on meeting with all staff member in Human Resources
------------------ ------------------------- -------------------------- -------------------
newly hired employees.It shall be the responsibility of the department in which the
employee has been hired to ensure that the new employee reports to Human Resources on
their first day of employment to complete their Verification of Employment(I-9) and W4
forms.Individual departments are also responsible for supplementing the"new hire"
orientation by providing the new employee with more detailed information relating to
operations of the department.
44.0 PERSONNEL RECORDS
The Human Resources Director of the city shall initiate and maintain a personnel file for
each employee of the city.This collection of files shall be kept in Human Resources. The
personnel file will contain the employee's name;positions and departments to which the
employee has been assigned while employed by the city;employment application materials;
notification of employment;salary history;changes in employment status;performance,
progress,and merit evaluations;training records;written disciplinary actions;written
commendations;and any other pertinent information required to allow the city to comply
with Federal,State,and other agency laws,rules,and regulations.Department directorkmay......"- Deleted: Heads
maintain a separate training record for employees in their department.These training records
shall be considered a part of the employee's personnel record.
Employee personnel records are confidential and shall be accessible only to the following
persons/agencies:
• The employee
• The City Manager
• The Human Resources Director
• Employees in Human Resources designated by the Human Resources Director
• The employee's Departmentpirector or-their designee------------------------------------ Deleted:Head
• The employee's Supervisor Formatted:Font color:Red
• Federal,State,and other agency representatives that have lawful access to the records
• Legal counsel employed by the City
No portion of the employee's personnel file shall be made available to any other person than
those listed above without the written consent of the employee or by order of a court of
competent jurisdiction,or a decision by the District Attorney that the file is public record
and subject to disclosure.
An employee may place pertinent and appropriate information in their personnel file with
the approval of the Human Resources Director.
Any general inquiries regarding either current or former employees shall be limited to the
following information,unless authorization has been made by use of the City's Reference
Consent Form:
• Verification of the individual's employment status with the city
• Verification of the employee's starting and ending date of employment
• Verification of the positions the employee has held while employed by the city
• Verification of the employee's salary range
An employee may obtain copies of any portion of their personnel file by making a written
request to the Human Resources Division.
45.0 JOB ATTENDANCE
In accordance with the City's commitment to provide the highest level of public service to
its citizens,each employee is required to meet certain standards of attendance and
punctuality. Continued employment carries with it the personal responsibility of each
employee to be on the job on time every scheduled workday.Recurring and excessive
absences and/or tardiness is disruptive to work schedules,costly to the City and its residents,
and detrimental to the morale and efforts of employees who maintain a good work record.
Employees who do not maintain a satisfactory record of attendance and punctuality will be
subject to disciplinary procedures up to and including termination.
Hours of Work/Work Schedules
A work day and work week shall be established by the department director which is
consistent with the law,collective bargaining agreements and operating needs of the
department,The standard_schedule shall be either eight hours per day for a five-day week or Deleted:,and kept on file with the
ten hours a day for a four-day week;however,department directors may establish alternate Payroll Division of the Finance
or flexible work hours,work days or work weeks to accommodate the department's Department
operating requirements.Alternate or flexible work schedules shall be established in writing
and may be changed by the department directors for any reason.Employees working
alternate schedules shall be held to the same standard of attendance and punctuality as those
working a standard schedule.
Meal Periods/Rest Periods
Pursuant to State of Oregon Wage and Hour Law(OAR 839-20-030) all employees who
work shifts of six or more hours are entitled to a meal period of not less than thirty(30)
minutes and a rest period of not less than ten(10)minutes for every segment of four hours
worked.
City of Tigard employees are provided either thirty(30)minutes or one(1) hour per eight-
(8)hour shift as a meal period depending on department operating needs.This time is
unpaid as long as an employee is relieved of all duties.Any work to be performed during a
lunch period must be approved in advance by the supervisor.If an employee performs any
job duties during the meal period,the time shall be paid.In addition,city employees are
provided a 15-minute rest period during each one-half shift.It is the responsibility of the
immediate supervisor to ensure that all employees have meal/rest periods available to them
that is appropriate to their department operations.Departments should consult any
applicable collective bargaining agreements for variations to these policies.
Attendance/Punctuality
All employees are expected to report for work on every scheduled workday at their
scheduled starting time,unless authorized for a different work schedule by their immediate
supervisor.Employees shall comply with departmental notification procedures if unable to
report for work on time or if an extraordinary circumstance occurs which will cause them to
be absent.It shall be the responsibility of the department director,in coordination with
subordinate supervisors and managers,to ensure that standards of attendance and
punctuality are maintained within his/her department.
Excessive absence or habitual tardiness may be cause for disciplinary action.It shall be the
responsibility of the department director in coordination with subordinate supervisors and
manager to ensure that standards of attendance and punctuality are maintained within
his/her department.Any employee who is absent from work for three or more days without
authorization shall be considered to have abandoned his/her position and shall be assumed
to have resigned.When mitigating circumstances are found to have existed at the time of the
absence,the individual may be reinstated to their position at the sole discretion of the City
Manager.
Work L.ocadon
All employees shall report to their assigned work location every scheduled working day
unless prior authorization is received from the immediate supervisor for an employee to
work in or report to a different location.At the sole discretion of the City Manager,a
telecommuting option may be implemented as follows:
Telecommuting is using technology to enable an employee to work at a location other than
the usual work setting.Its goal is to enhance productivity,increase customer service and
accommodate employee's special needs.It is not a universal employee benefit,not a
condition of employment,but rather a voluntary arrangement between the employee and the
City which may be discontinued at the discretion of the city.Telecommuting may be
instituted on a full or part time basis with the prior approval of the department director if,
based on a full analysis of the employee's position,it is determined that the nature of the
duties and responsibilities of the position qualify for telecommuting,the cost to the city of
required supplies and equipment is justified,and there is significant benefit to the public
service in instituting a telecommuting option.
46.0 PAY DATES
The established pay cycle for the city is biweekly(every other Thursday).When the regular
payday is a holiday,paychecks shall be issued on the previous business day.
Employees may elect to have their paychecks directly deposited to one or mote financial
institutions.This option is administered through the Payroll Division of the Finance and
Information Services Department.
Deleted:EinemeAaAdUanceP clay ..L
-- In extraordinary circumstances,an
—
- ------------------------------------------------------------------------------------------------- ------ employee may receive an emergency
advance on wages earned.An employee
The six-month period limitation for each type is defined as July 1 st to December 31 st and needing an emergency advance on wages
January 1st through June 30th. shall request such advance in writing to
his/her supervisor stating the reason for
the emergency request.The emergency
The City expressly prohibits improper salary deductions.Any employee who believes their advance is limited to twenty-five percent
salary has been reduced in violation of the law should report the matter as soon as possible (259/6)of the net pay for hours worked
during the pay period,and is limited to one
to the Financial and Information Services Department.If corrections are in order,the in a six-month period.Approval is at the
department will work with appropriate personnel to ensure steps are taken to reimburse for sole discretion of the department director.$
Earl-PavcbeckAl
any improper deductions and to demonstrate the city's good faith commitment to comply If an employee who is not participating in
with this policy in the future. the direct deposit option will be on
vacation or other approved leave on
payday,a request for an advance paycheck
may be made during the pay period
preceding the pay period for which the
47.0 TRAINING,EDUCATION,TRAVEL AND EXPENSE POLICY advance is requested,and if the request is
granted,the advance check will be issued
with the payroll check for the pay period
Pu OJe prior to the payday on which the employee
will be on leave.Advance paychecks are
limited to one in a six-month period.
The City recognizes the value of allowing employees to participate in conferences,seminars, Approval is at the sole discretion of the
training,college courses,and meetings that will enhance the employee's ability to provide a department director.$
high level of public service. City officials and employees should exercise good judgment,
regard for economy,and recognition of proper use of public monies when selecting training,
meetings,courses,conferences,etc.in connection with city business.
.Also,this policy establishes guidelines regarding travel for the conduct of official city
business and for the payment of,or reimbursement of,expenses incurred while performing
such travel. All employees are expected to follow the guidelines outlined in this policy.
Sco e
This policy is applicable to all city em to ee De artments ma a 1 additional Deleted:departments
P Y PP tY P Y --- p --------------Y--p j-----------------------------------
requirements so long as they are equal to or more restrictive than these standards. This
policy works in conjunction with all collective bargaining contracts and the Training,
Education,Travel and Expense Procedures.
Policy Statement
Training,education,and travel expenses must have a public purpose and serve the public
interest. All training,education,and travel expenses must be reasonable and necessary to
conducting city business.,Persons traveling on city business_are expected to be prudent and — Deleted: All training,education,and
only incur costs they normally would incur if traveling on their own expense.Travel travel expenses must be pre-approved by
the department director and the City
expenses solely for the benefit of an individual are not allowable. The city will not pay travel Manager.
costs for persons not employed by the city unless the person 1)incurs the cost as a member
of the City Council or a committee,or 2)has traveled at the specific request of the city,or 3)
is serving as a volunteer to a city program,or 4)is providing services under a contract
requiring such payment,or 5)is approved by the City Manager.
Training and Education
The term"training"as used in this policy is intended to include conferences,seminars,
workshops,one day courses at an educational facility or on-line,or other professional
development programs of a similar nature. The term"college courses"is used to describe
coursework taken through or on-line from an accredited college,university,and/or business
or technical school.
The Training and Education policy is intended to apply only to programs that:
,- Deleted:,and
• Enhance the employee's job performance
• Serve as a beneficial retention tool in keeping high quality employees
------- Formatted:Bullets and Numbering
• Are required for certification or licensing
• Appropriate for career development plans
licable collective bar ainin Deleted:Training programs no eements must be consulted for la a e s ecific to t college
lleg e
pp g g - g p - ----------- courses,are intended for career
training and/or educational reimbursement policies. development purposes. Supervisors need
to be very clear regarding the expectations
-h- -------- -- -- - --- -------------- ---- ------------ ------- -- ----- - - ---- fuer j create regarding such things s
ec�retainstheri ht to-determine-the-mode of--an-s or-taton-most-appro riate-t-o-the------ future job oportunities with employees
type of travel involved. Employees should consult the Training,Education,Travel and when paying or reimbursing for training
Expense Procedures for reimbursable modes of transportation. that is related to career development.¶
Deleted:The City Manager shall sign-off
Training Plan on all travel/training authorization forms.¶
All department directors requesting funding for any training and/or college course for their
staff shall prepare a written departmental Training Plan as part of their annual budget
submittal,which must include an explanation of the following:
• The requested funding for training and college courses for their department.
• A clear justification for each requested amount.
• An explanation of how these expenditures relate to the employee's career development
plans and/or performance goals.
• A prioritization of these requested expenditures in the event not all requests are
approved.
The Training Plan will be submitted to the Human Resources Director and Financial&
Information Services Director for review, kU txainingand/or college-courses_approved for „- Deleted:city Manager
staff participation will follow the plan description. Deleted: and final approval.
Supervisors should discuss training and/or college course work goals with the employee in Deleted:Until the Training Plan has
l� g g been approved by the City Manager,
their regular performance evaluation session and they should be specifically detailed in their requests for training and/or college courses
written evaluation form. will not be authorized Once the
department Training Plan has been
approved,a
Traininn
Department directors need to evaluate the value of the proposed training and whether it is
the best way to acquire the information for the city. -" Deleted:All training must be tied to the
�----------------------------'---------------------------"" department's Training Plan.¶
The city will pay for all registration fees for mandatory training programs. Employees
should consult the Training,Education,Travel and Expense Procedures for reimbursable
expenses related to travel,meals,and lodging in conjunction with training. Travel time will
be handled according to applicable collective bargaining agreements and/or city policy,state
or federal law,as appropriate.
When appropriate,employees may be asked to share/present information they have received
from their training to others in the department.
T: he departmentdirectormaV
-a--u-t-h--o--r-i-z-e---t-h--e-payment of expenses for voluntarytr----- as Deleted.participants must complete ete an
--------------- -------------------- --- n ----------"
evaluation summary form regarding the
they deem appropriate providing the training is beneficial to the department and/or city training program available from Human
operations'ons Resources after attendance at training.
P t'---------------------------------------------------------------------------------------------------------'---- This form will be placed in the employee's
personnel file.¶
All arrangements for training will be made in the most cost and time efficient manner as Deleted: and included in the Training
possible. Plan.
Only expenses for the employee will be paid for. All books and materials paid for by the
City of Tigard will become the property of the city.
Education(College Courses
The city does not intend to pay employees to obtain college degrees. Rather,it will
reimburse for individual college courses only. The course must be related to the current job
that the employee holds,a personal_training plan ox a_career_developmentplan approved_by____ Deleted:,
the department director-- ---- -------- -------- -- _______ _ --- Deleted'as described in their current job
Mandatory college courses,which are job-relatedclassification description
,,_shall have tuition books and hours ____--- Deleted:classification
to the employee's current job
---------------------------------------------
attended reimbursecJby_the-city_Employees should consult the Training,Education,Travel peleted:paid
and Expense Procedures for reimbursable expenses related to travel,meals,and lodging.
College courses that are not mandatory,but are job related,will have only tuition,books,and Deleted:for
related materials (to be retained by the city) reimbursec,by the city. Non_mandatory college_ -- Deleted:paid
courses that are not job related shall have none of the above reimbursedfor by the city_ Deleted:for
In those instances where the city reimburses for some or all of the expenses,employees must Deleted:paid
document satisfactory completion of the course.
To be eligible for reimbursement of non-mandatory college courses that are job related as
described above,employees must receive a grade of"C"or better,or"Passing"for the
course and provide written evidence of that to their supervisor. If the employee does not
receive a passing grade for the course,they will not be reimbursed.
The city will provide tuition reimbursement for college coursework not to exceed the tuition
level established by the State of Oregon Higher Education Department for State
colleges/universities. Department directors need to explore less costly college courses
available at other institutions before finalizing their Training Plans.
Prior to an employee participating in a college course,which may include reimbursement by
the city,the employee will be required to sign a written authorization to have any costs
reimbursed by the city deducted from their paycheck,should they fail to comply with the
T------------ --------------- ---- --- ---------- ---------- - Deleted:paid for
xeunbuxsemenf giucYeluies:----------------------- --,_,
Deleted:final
The following reimbursement guidelines shall be enforced when an employee separates from
,.- Deleted: except involuntary dismissal:
the city service for any reason t------------------------------------------------------------------------------------ ----
• Within one year of the completion date of the class,100%of the amount of
reimbursement will be deducted from the employee's final paycheck.
• Between one and two years after the completion date of the class,50%of the amount of
the reimbursement will be deducted from the employee's final paycheck.
�-__---- Formatted:Bullets and Numbering
• After two(2)years from the completion date,no amount will be deducted.
If the reimbursement amount owed is more than the final paycheck,the employee must pay
off the remaining amount. Failure to re-pay the amount owed to the city will result in the
outstanding amount being turned over to a collection agency.
Department directors are responsible for monitoring these reimbursement requirements.
Travel and ExOense
The City of Tigard will only pay or reimburse travel,meal and other expenses that are
deemed non-taxable by the IRS unless specified by union contract. The paid and
reimbursement amounts will be determined by IRS guidelines when applicable. Employees
should consult the Training,Education,Travel and Expense Procedures for detail on which
expenses will be paid or reimbursed.
Employees may not accrue frequent flyer miles for personal use. If employees do accrue
personal frequent flyer miles while traveling for city business,the miles must be retained and
applied to city travel in the future.
The city retains the right to determine the mode of transportation most appropriate to the
type of travel involved. Deleted:Employees are encouraged to
use City pool vehicles when appropriate.
ravel time will be handled ac di to a licable collective bar ainin a eements and/ox City will for private
---------------------------- ------ g--- pp g- -- vehicle se les reimburse tet
--------------------------- ----- ------------------------
u unless City poolcars are no
city policy,state,federal law,as appropriate. available and the employee's supervisor
approves usage of a private vehicle.
Any expenses for family members or other non-city employees who accompany the Employees
employee on a trip are not reimbursable. Deleted:personal insurance information
Deleted:must
Deleted: be on
48.0 WRITTEN DEPARTMENTAL RULES AND STANDARD OPERATING/ Deleted' file personal insurance
PROCEDURES information with the Risk Management
Division before a personal vehicle can be
used for City business. Private vehicle
Each department director may establish such written rules and standard operating usage that meets the preceding
requirements will be reimbursed at the
procedures as may be deemed necessary for the efficient and orderly administration of their federal mileage rate.¶
department.Such rules and procedures may be in the format and detail as determined by the Inserted:personal insurance
information
department,however,they must be consistent with the policies,procedures,rules and
regulations established in this manual.
Copies of the applicable departmental rules and operating procedures shall be available to all
employees.It shall be the responsibility of the department to ensure that appropriate copies
of the rules and procedures are provided to Human Resources and the office of the City
Manager.
49.0 ELECTRONIC COMMUNICATION
It is the city's goal to enhance both external and internal communication through the use of
various electronic communication tools.All electronic communication tools purchased by
the city are the property of the City of Tigard.Employees should have no expectation of
privacy in connection with the transmission,receipt,or storage of information in these
electronic communication devices.Any personally owned electronic communication devices
an employee uses for city business are also governed by this policy.The city follows the
standards and practices set by the Oregon Government Standards and Practices
Commission.
Telephoner/Voice Mail
The ability to make outgoing and receive incoming telephone calls is an essential element of
the City of Tigard's ability to provide service to the public.The city's telephones and voice
mail system are intended to be used only for official business.
The city believes,however,there are occasions when employees may use telephones for
personal purposes without such usage being at odds with the law.It is normal practice by
both public and private employers to permit employees to use business telephones to talk to
family members,make medical appointments,schedule service technicians,confer with
children�s schools,and take care of any of a variety of other matters which can only be
accomplished during"regular"work hours.The city believes it is less disruptive to permit
employees to make such personal calls at their workstation than to require an employee to
take a break or leave from work to take care of personal matters.
Personal telephone calls made during working hours from city telephones should,of course,
be brief and infrequent.Personal long distance calls,even if the employee reimburses the city
for the cost,may not be made on city telephones.If it is necessary for an employee to make
personal long distance calls while at work,such calls must be made with the employee's
personal calling card,by placing a collect call,or by calling from a pay phone.This section
does not apply to wireless phones.
Cellular Tektbones
The city provides cellular phones to their employees specifically to facilitate the carrying out
of official business.The city's cellular phones are not for the convenience or personal use of
employees. This policy also applies to all City of Tigard employees and their use of personal
cellular telephones during work hours. The two components of this section include: (a) use
of city cellular phones and(b)use of personal cellular phones.
(a) Use of city Cellular Phones
The instances when an employee may use a city cellular phone for personal purposes are
limited.An example of an occasion when an employee's personal use of a city cellular
phone would not violate Oregon Government Standards and Practices Commission
guidelines would be to contact a spouse or childcare provider to advise that the
employee is going to be late getting home or picking up children for a reason directly
related to official duties such as a meeting which ran later than expected or a last minute
change of schedule. Another permitted personal use of a city cellular phone by an
employee would be receiving an incoming call regarding a family emergency.Employee
will not be required to reimburse the city when the cellular telephone call follows these
guidelines;that is,the personal call is directly related to official duties.
A city employee cannot make a personal cellular call even if he or she intends to
reimburse the city at a higher rate than that generally available to the public.
(b) Use of Personal Cellular Phones
It is the city's goal for employees to perform their duties in a productive manner without
the interference of personal cellular telephone calls. Employees may not activate or use
personal cellular telephones during normal work hours or in staff work areas. Use of
personal cellular telephones is permitted during an employee's personal time(rest and Deleted:34.0
meal periods as referenced in Citywide Personnel Policy No.45x0,Job Attendance) and
------------
Deleted: to be readily available to a
outside the workplace. family member with a serious illness or
health condition.
Exceptions may be made to this policy on a limited basis based on an employee's need Deleted:provide written documentation
and with approval of the department director. Em to y--eq
es re uestin an exce tion to - :' of the need to be available and expected
pP P eecp--- ------ --------g----------p--------------' duration. This request must be
this policy must�submitttheir request to their department directot for approval.
Deleted:ted to
,Employees who violate_any citywide personnel-policy axe subject to_disciplinary_action, Deleted:head
u to and including termination --
p g t__ Deleted:Employees should also not that
Citywide Personnel Policy No.60.0
Personal DigitalA tri rtantr(PDA stipulates the City will not reimburse an
employee for any lost or damage personal
property brought to the worksite by the
This policy applies to all employees who use either a personal PDA or a city purchased PDA employee.Any employee who chooses to
-------- - ---------- ---------- ---- --- bringpersonal propertyerty and/or equipment
when conducting city businesst_PDA s-includ-e-wireless-devices-that-may_have13-hone-and______--
�, to the workplace does so at their own risk¶ ..
internet capability.
Deleted..
Department directors are responsible for determining if it is in the best interest of the city to Deleted:.
equip an employee with a city funded PDA.The city recognizes the benefit of having a Deleted:including
complete schedule,that includes,both_city andpersonal appointments.Therefore,posting____ ,. Deleted:either
and synchronizing of personal appointments between a city computer and a personal PDA, Deleted:a city funded PDA ora
personal PDA
is permitted in order to provide a complete view of an employee's schedule if the
department director has authorized the use of a personal PDA.
Employees who wish to furnish their personal PDA,purchased with personal funds,are
subject to this policy if they use their PDA to conduct city business. The city may restrict
the make and model of any PDA hardware and software which may connect to a city
computer.
Employees acknowledge,that information on the PDA ma be ublic record and must be----- Deleted:s
kept according to the city's retention schedule and�he employee's personal PDA may be Deleted:that
subpoenaed to verify,pll di _information has been provided if so requested. Deleted:that
_
Department directors will insurghe_"Request to Use Personal PDA"form is completed for Deleted:that
any employee who requests usage of a PDA fox city business.
In the event of a lost or broken PDA purchased with city funds,the Department director
will determine if the loss occurred as a result of employee negligence when deciding whether
the city will purchase a replacement PDA.In the event of a lost or broken PDA purchased
Deleted:not replace nor reimburse the
with personal funds,the city will follow,Citywide Personnel Policy 55_()t_________________________ K`--
- ---- -- employee for the loss,as per
Comtuters/Internet/E-mail Deleted:60.0
This policy applies to all City of Tigard employees and their use of city computers,the
electronic mail(e-mail) system and the Internet.
It is the city's goal to enhance both external and internal communication through the use of
various electronic communication tools. All electronic communication tools purchased by
the city are the property of the City of Tigard.Any personally owned electronic
communication devices an employee uses for city business are also governed by this policy.
Employees should have no expectation of privacy in connection with the transmission,
receipt,or storage of information in these electronic devices.Any individuals using this
system are subject to monitoring and all individuals using the system without authority or in
excess of their authority are subject to having all their activities on this system monitored,
recorded and examined by an authorized person,including law enforcement,as system
personnel deem appropriate.Any material so recorded may be disclosed as appropriate.
Information Sharing
Employees are not allowed to use a code, access a file, or retrieve any stored information,
other than where authorized, unless there has been prior clearance by an authorized
supervisor. City property or information that is confidential and/or proprietary,cannot_be_,----- Deleted:information
shared with individuals outside of the City without prior clearance from a department
director. Any employee who leaves employment with the city is prohibited from taking or
copying any city property or information unless specifically authorized in writing by their
department director.
Personal Use
In general,employees may not use computers owned by the city for personal purposes.The
City of Tigard's computer system is for authorized users only.There are some circumstances
where the City believes the use of computers for personal purposes does not violate the
Oregon Government Standards and Practices Commission guidelines. For example, an
allowable use would be the preparation of application materials for a different position
within the city or term papers for a city-sponsored class.
The personal use of city computers,with the exception of e-mail and the Internet,is
permitted with the department director's approval:
• during an employee's lunch period,
• one hour before their normal work schedule begins,
• one hour after their normal work schedule ends,and
• the time between the end of the employee's "work shift" and the beginning of an
evening meeting that the city requires the employee to attend.
Personal use of the e-mail system and the Internet is not allowed at any time except
as described under Internet Access.
No personal use of city computers is allowed on an employee's day off unless the use is
related to an educational purpose that is consistent with the city's policies and has been pre-
approved by the employee's department directory Deleted:supervisor
Personal use of the computer system may not interfere with the employee's work, another
employee's work or have an undue impact on the network. Playing games on the city's
computers is not allowed. Sending large attachments (greater than two megabytes) to
multiple people,distributing hoaxes, and spamming are examples of e-mail usage that could
affect employee time or system capacity.
InternetAccess
The city has equipped their computers and some PDAs with access to the Internet in order
to have access to information and to provide information to the public. Personal use of the
Internet is only allowed a) with the department director's approval, or b) to access city Deleted:not
sponsored benefit sites or c) to schedule medical appointments for the employee or their
immediate family.No access to any investment,deferred compensation or retirement benefit
sites or accounts is allowed.
City equipment may not be used at any time to access inappropriate sites or to transmit or
receive inappropriate information. Pornography, hate groups, and off shore gambling are
examples of inappropriate sites and accessing these sites is a misuse of city property.
The city recognizes that occasionally, while in pursuit of valid city business, an employee
may inadvertently follow an Internet link that leads to an inappropriate web page. If this
occurs, it is not necessary for the employee to respond to the owner of the page, but the
employee must immediately notify his or her supervisor of what happened. Copies of e-mail
and accessed web pages remain in the system for a period of time and the city may retrieve
e-mail and web site histories. It is for the employee's own protection that any anomalies are
documented.
Information Technology Access Polio
Information technology includes but is not limited to all individual computers,computing
and electronic communications devices and services,telecommunication devices,e-mail,
networks,telephones (including cellular),voice mail,fax transmissions,video,multimedia,
applications and instructional materials.
Access rights to information/data stored on city-owned equipment will be given on an as-
needed basis.Only those rights needed to accomplish tasks related to their job function will
be granted.Authorized users of the city's computer network include city employees and
other individuals who are contracted to help support the city systems. Information/data and
systems may only be used by authorized individuals to accomplish tasks related to their jobs.
Any other use is strictly prohibited.
Data of a confidential nature must be protected and must not be disclosed without
authorization.Unauthorized access,manipulation,disclosure,or secondary release of such
data/information constitutes a security breach. Failure on the part of an employee to take
reasonable care to prevent such access may be grounds for disciplinary action up to and
including termination of employment.
City of Tigard Information Technology staff is granted access to information technology
resources in order to facilitate their job activities.However,by using these resources,staff
agrees to abide by all relevant City of Tigard policies and procedures,as well as all current
federal,state,and local laws.These include but are not limited to personnel policies and
procedures related to harassment,plagiarism,commercial use,security,unethical conduct,
and laws prohibiting theft,copyright and licensing infringement,unlawful intrusions,and
data privacy laws.
Information Technology staff is responsible for reviewing,understanding,and complying
with all policies,procedures and laws related to access,acceptable use,and security of the
City of Tigard information technology resources.
The City of Tigard recognizes the importance of preserving the privacy of users and data
stored in information technology systems. Staff and Yd party contractors must honor this
principle by neither seeking to obtain unauthorized access to information technology
systems,not permitting or assisting any others in doing the same. Furthermore,staff and Yd
party contractors must not make or attempt to make any deliberate,unauthorized changes to
data on an Information Technology system. Staff must not intercept or attempt to intercept
or access data communications not intended for that staff member,for example,by
"promiscuous"network monitoring,running network sniffers,or otherwise tapping phone
or network lines.
There may be occasions when users'information/data will need to be accessed without the
users'permission,for example,accessing a user's email or data while they are absent and
cannot be contacted.When these occasions arise the Information Technology staff member
must obtain written permission from the Department director or City Manager prior
accessing the information/data.Staff must not conceal their identity when using
Information Technology systems,except when the option of anonymous access is explicitly
authorized. Staff is also prohibited from masquerading as or impersonating others or
otherwise using a false identity.
Without specific authorization,Staff may not remove or modify any City of Tigard owned or
administered equipment or data from Information Technology systems.
O�Site Information Technoloa Egg iment and Data Use Polio
Information technology equipment and data includes but is not limited to all individual
computers,computing and telecommunication devices,telephones,all city records,and
instructional materials.
Employees are required to obtain permission from their supervisor prior to taking computer
equipment off site.Department directors are responsible for knowing who within their
respective departments has possession of and the location of all information technology
equipment taken off site.
If the equipment has been kept off site for more than one month,and the equipment has
been used on the internet and/or files loaded or any external devices attached to the
computer equipment,it shall not be reconnected to the city's network without first being
examined by Information Technology staff.
Employees are responsible for taking reasonable precautions against theft or damage to the
computer equipment. Data of a confidential nature must be protected and must not be
disclosed without authorization.Unauthorized access,manipulation,disclosure,or secondary
release of such data/information constitutes a security breach. Failure on the part of an
employee to take reasonable care to prevent such access may be grounds for disciplinary
action up to and including termination of employment.
Software installations are to be performed by Information Technology staff only. Only
software owned by the city and approved by the Information Technology Division shall be
installed on city computers. Installation of personal software on any city-owned equipment
is expressly prohibited.
Computer equipment may not be used to download,copy,or store any copyrighted
software,publications,music,video,or other content without permission from the copyright
holder.
Any theft or damage to computer equipment is to be reported immediately to the
Information Technology Division and your supervisor.
When computer equipment is returned to the city,the user is required to notify his
supervisor,and to send a Help Desk ticket to Information Technology Division notifying
them of the change of status of the computer equipment.
E-mail
E-mail is a communication tool provided to city employees to assist them in the
performance of their job duties. Personal use of the city's e-mail system is not allowed.
The city's e-mail system may not be used:
• to access an employee's personal 44ernet e-mail account; Deleted:i
• o send e-mail anonymously or under someone else's name;
' Deleted:<#>to forward another's e-
• to support charitable,religious,or political activities or causes;and mail without the originator's permission;¶
• to support other activities that are not related to the direct conduct of city business.
Users understand he_city ma onitor material created stored sent or received on its Deleted:that
---------------------------------
computer network. Deleted:use automated software to
Employee Responsibility
If an employee receives an inappropriate e-mail,he or she must immediately respond to the
sender with a copy of the city's warning message, found in 1:\citywide\ENIAIL-
WARNING.doc (Exhibit B.) A copy of the response, including the original sender's
name and e-mail address,must be sent to the employee's supervisor. This is to show
the supervisor the employee made a good faith effort to dissuade the sender from sending
inappropriate material. It also provides the employee protection if inappropriate materials
are found in the employee's mailbox or hard drive.
If an employee receives a personal e-mail,he or she must immediately respond to the sender
with a message notifying the sender the employee may not receive personal e-mail at the
city. An example is available at I:\citywide\personale-mail.doc(Exhibit C.)
Laws and Licenses Compliance
Users are required to comply with all software licenses,copyright laws,Oregon Government
Standards and Practices Commission's guidelines, city policies, and state and federal laws
when using the city's computers, sending or receiving e-mail or accessing or downloading
information from the Internet.
Unauthorized duplication of copyrighted computer software violates the law and is contrary
to the city's standards of conduct. Employees will not engage in nor make or use
unauthorized software copies under any circumstances. Legally acquired software in
sufficient quantities for all computers will be provided by the city's Information Technology
Division to meet the legitimate software needs for city work.The city and its employees will
comply with all license and purchase terms regulating the use of any software acquired or
used.
Because copyright infringement is an unlawful act, the city will maintain strong internal
controls to prevent the making or using of unauthorized software copies. Compliance with
software licenses and copyright laws is required.Failure to comply with these standards shall
be grounds for disciplinary action,up to and including termination.
System Seczrrity
All employees have a responsibility to take reasonable precautions to protect the city's
computer system. Reasonable precautions include,but are not limited to,updating anti-virus
software when requested by the Information Technology Division (ITS, not allowing ,.,- Deleted:Network Services
unauthorized access to the computer system,and safeguarding the employee's password.
If an employee becomes aware of a virus or the threat of a virus, the employee should
immediately contact IT,with the information. Information Technologywill evaluate the risk_ Deleted:Network services
and,if warranted,notify all employees of the precautions that need to be taken. Deleted:Network Services
Public Record
Under Oregon's public records law, most electronic mail messages are clearly public
records. The definition of public records in ORS 192.005(5) "includes,but is not limited to,
a document,book,paper,photograph,file, sound recording, or machine readable electronic
record, regardless of physical form or characteristics, made, received, filed or recorded in
pursuance of law or in connection with the transaction of public business,whether or not
confidential or restricted in use."
Although some messages may not fall under the definition of public record, it is safest to
assume all messages created could be considered public record. Since most messages are public
records, the only privacy an employee can expect is that afforded through disclosure
exemptions. The privacy afforded government employees using government e-mail systems is
minimal and an employee should have no expectation of privacy.
Public access and exemption_fivm disclosure
E-mail is considered correspondence and like other forms of public records it must be made
available to any member of the public upon request. Unless an e-mail message falls within one
of the specific exemptions described in the public records statute, the e-mail record must be
produced upon request. A person need not have a "legitimate" need for public records to be
entitled to inspect them.
Please check with your supervisor, or the City Records Section, if you have a question on
whether an electronic mail message should be provided to the public.
Retention and Disposition
The retention of records stored in electronic records systems, including e-mail systems, is
governed by the city's retention schedule. If you have a question about the retention of a
message,please contact the City Records Section.
An e-mail mailbox should not be used for storage. If an e-mail has value it should be printed
and put into the appropriate file. It is the responsibility of the holder of the official record to
make sure the file is updated. For example:
• An updated record's policy is e-mailed to all employees. It is the responsibility of the
person sending the e-mail to keep the record copy.
• A 4tizen calls_and leaves a_detail ed message regarding apending file;_the_receptionist........ Deleted:John
forwards the and
through the e-mail system. It is the responsibility of the person
receiving the message to add the message to the file.
• E-mail related to a current project or issue may be retained on the system as a reference
tool. Once the project is completed or the issue resolved the employee should verify all
relevant e-mail is in the file and then delete the e-mail from their e-mail box.
E-mail is a form of correspondence and must be kept in accordance with state retention
requirements. The retention schedule for electronic mail records incorporates several
correspondence record series. Examples are:
Record Series Retention Period Action to take
Correspondence
Ephemeral(junk mail) Retain as needed Read and delete
General 1 year Read,print and delete
Financial 3 years Read,print and delete
Policy and Historical Permanent Read,print and delete
Program Retain for the same period as the Read,print and delete
program or functional records
series to which it relates
Policy Compliance
Employees who violate the Computer Use, Electronic Mail and Internet Policy may have e-mail
access and Internet privileges suspended as well as be subject to disciplinary action, up to
and including termination of employment.
Exbibit B-E-mail warninn
"The City of Tigard considers your enclosed email as offensive and inappropriate use of city
equipment. Please do not send me this type of material again. Should I receive similar
material in the future I will forward it to Tigard City Administration who may contact and
file a complaint with your Internet Service Provider and/or your Postmaster."
Exhibit C-Personal use ofe-mail
"The City of Tigard does not permit personal use of their e-mail system. Please direct all
your correspondence to my home e-mail address. Thank you."
50.0 POLITICAL ACTIVITIES
City employees are free to express political views on their own time.Oregon law forbids any
city employee,while on the job,from soliciting money,influence,or anything of value or
otherwise aiding and/or promoting any political cause or the nomination or election of a
person for public office.It is also inappropriate to use a city office or city equipment for
political work even if an employee is doing so on his/hex own time outside their regular
work hours (i.e.at lunch).Nothing in this section is intended to restrict the political actions
or activities of employees outside of their regular working hours.
51.0 SMOKE FREE WORK ENVIRONMENT
The city seeks to promote a safe,healthy and pleasant work environment for all employees
and the public. 11 city facilities,-including city-owned buildings,vehicles,individual Deleted:In response to increasing
employee offices,and offices or other facilities rented or leased by the city will be smoke evidence showing that tobacco smoke
creates a health hazard for persons exposed
free.Signs will be posted in designated locations outside of the buildings where employees to the smoke,a
may step outside to smoke.Visitors to any of the city's facilities will be requested to comply
with the city's efforts to maintain a smoke free environment.
Deleted:REVIEW
52.0 PERFORMANCE jSUMMARY "
Employee performance summaries are an essential tool in the communication process
between the employee and their immediate supervisor.The goal of the employee
performance summary process is to establish a pattern of expected work habits,give
employees and supervisors an opportunity to review and reset goals,reward or acknowledge
good performance,create incentives,and identify and correct improper behavior or activity
and/or substandard work performance.
Performancersummaries axe to be completed on the form prescribed by ----------------------Human Resources. Deleted:reviews
_ --
It shall be the responsibility of the supervisor to ensure that performancesummaries are------------- Deleted:reviews
completed appropriately and by the scheduled due date.The original performance summary
will be placed in the employee's personnel file,and the employee will be provided with a
copy of the review.The employee may respond in writing to the performance summary or
any aspect of that review,and the response will also be placed in the employee's personnel
file.
Probationary employees will participate in an initial goal setting interview and will receive a
performance summary at the end of six(6)months of employment.This date establishes the
employee's merit review date,which can only be changed upon promotion,layoff or leave
without pay.Upon completion of the probationary period,as documented by a satisfactory
performance summary,the employee shall receive a merit increase.Thereafter,regular
performancersummaries will be conducted annually on the employee's merit review date . _.,.---{Deleted:reviews
Contingent on continued satisfactory performance;an employee shall receive a merit
increase in conjunction with the performance summary until the employee reaches the
maximum salary in his/her salary range.
Nothing in this section shall prohibit the supervisor from conducting more frequent
performance or progress reviews.A supervisor may initiate a special performance/progress
review whenever a special review is deemed necessary.
n em to ee on leave without a will have his/her merit review date adjusted to reflect the--,,----'
pDeleted'All performance reviews,
t'------p--�---------------------------p-y---------------------------------------------------1-------------------------- accompaniesbyapersonnel action form,
unpaid time.This adjustment will not apply to those on unpaid military leave whose merit shall be submitted to Human Resources.
review date will not be changed to reflect time off without pay. The personnel action form is required
whether or not a merit increase is granted.¶
The department director may elect to extend an employee's probationary period for a
maximum of three(3)months or to deny a merit increase from a non-probationary
employee.Performance ummaries are not-subject to_a eal or the-complaint-process_ Deleted:reviews
53.0 DRIVING AND VEHICLE OPERATION Deleted:USE OF CITY OWNED
-- ------------ -------- --------- ------ --------------- ---- VEHICLES
The operation of vehicles and equipment is necessary in conducting the day-to-day business
of the city.Driving and the use of vehicles for city business includes regular vehicles for
operation on streets as well as operation of special-use vehicles such as construction and
excavation equipment designed to operate primarily off-road but driven on public roads to a
job site.
The purpose of this policy is to record the city's guidelines and policies governing driver
authorization,reporting of collisions,investigation procedures and the safe operation of
vehicles,both city owned and personally owned,which are used for official city business.
Use of UU Owned Vehicles and Eguioment
qty vehicles and a ui ment axe to be used onl in the performance of official ci business; w n
-,- Deleted'In the event a work assignme t
-------------------�-p------------------------------y--------- ----------------------------------I----------------" requires the use of a City owned vehicle,
however,personnel whose work assignment is primarily in the field may utilize their assigned the employee is required to be qualified
city vehicle during meal and rest periods for personal business as approved by the and possess the appropriate class of license
for the type of vehicle used.The emmployee
employee's supervisor.Employees doing so must conduct themselves in a manner which shall immediately report any limitation on
does not bring discredit upon the city or incur additional costs for fuel or vehicle his/her ability to safely operate the vehicle
or any change in his/her licensing status to
maintenance. the employee's supervisor or department
director.Failure to report may result in
The followingadditional or the use oa cowned vehicle/equipment shall disciplinary action up to and including
ddil guidelines for oftermination.¶
apply:
• Any out-of-pocket expenses such as fuel,emergency repairs,parking or tolls shall be
reimbursed upon presentation of receipts;
• No reimbursement will be made for parking fines or any other charge levied for
violation of a motor vehicle law;
• Family members or other non-city employees shall not be transported in city vehicles
except as specifically authorized by the department director or consistent withDeleted.Head
department policy or in cases in which the city vehicle is regularlyi�ssigned to the Deleted:permanently
employee as a provision of an employment contract;
• Temporary employees,contractors or volunteers are prohibited from driving a city
vehicle without the specific authorization of the department director,verification of
appropriate motor vehicle license and driving record approval by is ManagementDeleted:the
-----
Deleted: Manager
Use of Personally Owned Vehicles
Employees are encouraged to use city pool vehicles when appropriate however the use of
personal vehicles to conduct city business is allowed under the terms of this section and city
policies.When the city allows use of a privately owned vehicle it must be a conventional,at Deleted:The City will not reimburse for
least four-wheel vehicle,and be in safe mechanical condition that is adequate to provide safe personally owned vehicle use unless City
pool cars are not available and the
transport for the road and weather conditions.Vehicle/equipment must conform to State of employee's supervisor approves usage
Oregon requirements.Vehicle registration and insurance must be current.No Deleted:of a private vehicle.
reimbursement will be made for parking fines or any other charge levied for violation of a
motor vehicle law.
Employee's must file and keep current personal insurance information with Risk Deleted:must be on rile
Management before a personal vehicle can be used for city business.Elnpioyeeg-cYi virig their- Deleted:the
personally ownecl-vehicle w-ill-pfovitle ptoof of pefsoffal-auto iitbflityr insurance withi-kA ihty---------- Deleted:Division
limits of at least$100,000/$300,000/$50,000 per occurrence.This personal auto insurance is
primary in the event of a liability loss.The city is not responsible for the physical damage to
the personally owned vehicle so employees should also have their own collision and
comprehensive insurance coverage.
Personally owned vehicle-usage that meets the recedin re uirements willbe reimbursed at-- Deleted:Private
the federal mileage rate.Mileage reimbursement for the use of a privately owned vehicle is
considered full payment(including deductibles,depreciation,insurance,maintenance,fuel
and operating costs) for its use.
DriverAuthod ation and Review
In the event a work assignment requires the use of a city owned vehicle or any vehicle for
city business,the employee is required to be qualified and possess the appropriate class of
license for the type of vehicle used.The employee shall immediately report any limitation on
his/hex ability to safely operate the vehicle or any change in his/her licensing status to the
employee's supervisor or department director- Deleted:Failure to report may result in
--------------------------------------------------------------- '"- disciplinary action up to and including
termination.
The city requires periodic review of employee's driving records and requires review of
applicant's driving records to ensure that people entrusted with the operation of vehicles are
legally permitted to do so by the state;that they demonstrate by their driving record that they
are safe drivers;and that the city is able to insure the person.
❑ Initial authorization to drive.When a position is being filled for which duties and
responsibilities include driving,the driving record will be evaluated according to the
city's Risk Management procedure addressing driver's record review standards.
Applicants must be at least 18 years of age and have a valid driver's license.Job offers
are contingent upon a successful driving record check,conducted by the hiring
department,which meets city's standards.
❑ Driver Responsibilities.Those authorized to drive have the responsibility to do so safely
while following defensive driving principles,Oregon laws and city regulations.Drivers
operate vehicles safely in order to prevent collisions and injuries in spite of unsafe
driving by others or adverse driving conditions.Drivers must have a valid driver's
license,appropriate for the vehicle being operated,and it must be in the employee's
possession at all times while operating a vehicle on official city business.Drivers must
immediately report any changes to their driver's record to their supervisor.
❑ Ongoing Driver Authorization.The city conducts periodic review of motor vehicle
driving records of all employees entrusted with the operation of vehicles for city
business.The courts use the"negligent entrustment"doctrine to determine city liability
when there is a collision resulting in property damage,injury or death.This doctrine can
place responsibility for driver error,recklessness and incompetence on the city as the
employer when a driver has a suspended/expired license or a poor motor vehicle driving
record and is allowed to drive for City business.
Collision ftoning and Review
Collisions are incidents or events that involve city owned vehicles and equipment or a
personally owned vehicle which is being used for official city business resulting in property
damage,injury or death.
Whenever a collision ccurs involvin a ci owned vehicle ox iece of e ul ment ox a Deleted:vehicular accident
personal vehicle if the employee is using the vehicle while on city business the collision Deleted:accident
must be reported immediately to the employee's supervisor,and,if within the city limits to----------- Deleted: orTigard's Urba�Gr--,h
the Tigard Police Department. Boundary
Further information and procedures related to this policy are contained in the City of
Tigard's Risk Management Manual.
Penalties for Violations of Driving and Vehicle O4eration Polio
In order to maintain a safe and productive work environment,a violation of this policy will
be considered a very serious case of misconduct and subject to disciplinary action up to and
including termination.
Further information and procedures related to this policy are contained in the city's Risk
Management Manual.
54.0 USE OF CITY PROPERTY AND INFORMATION
All city property and information is to be used solely for job related purposes.Use of such
property or information for personal purposes is strictly prohibited unless specifically
authorized by city policy or the department director.Employees should not have any
expectation of privacy in the use of city property or any information contained therein at any
time.For purposes of this policy,city property includes all equipment,information,materials
and facilities owned by the City of Tigard.Examples include software,electronic equipment,
information systems (including but not limited to computers,PDA's, cellular telephones,
fax machines,copiers,voice mail,e-mail,all communications and information stored in the
city's information systems and electronic equipment,passwords,codes and keys to gain
access to such equipment,buildings,motor vehicles,lockers,desks,etc.
The city reserves the right to access all city property and may periodically monitor use of
such property.The city reserves the right to review and/or disclose all information
contained in such property at any time and for any purpose.
Employees are strictly prohibited from using any city property to solicit other individuals for
any purposes or to send messages which may be interpreted as harassing,discriminatory,
obscene,or defamatory.The city's anti-harassment policy fully applies to employees in this
use of city property.
Employees shall not use a security code,access a file,or retrieve any stored information,
other than where authorized,unless there has been prior clearance by an authorized
supervisor. City property or information that is confidential and/or proprietary information
cannot be shared with individuals outside of the city without prior clearance from an
authorized city representative.Any employee who leaves employment with the city is
prohibited from taking or copying any city property or information unless specifically
authorized by their department director.
Employees who violate this policy are subject to disciplinary action,up to and including
termination of employment.
55.0 PERSONAL PROPERTY
The city will not reimburse an employee for the loss or damage of personal property brought
,.- Deleted:Employees will be provided
to the work site by the employee except under the following conditions: ............................... ' appropriate tools and equipment,as
determined by their supervisor,to perform
1. The damage occurs in the course and scope of the employee's duties; the duties of their job.Employees who
choose to bring personal property and
2. The item damaged is required and approved by the department director for use in equipment into the workplace do so attheir own risk Precautions should be taken
the performance of the employee's duties;and with all tools and equipment to place them
in a secure location
3. There is no carelessness or negligence on the employee's part.
When the above conditions are met,the city will reimburse for a replacement item of
substantially similar quality.An employee requesting reimbursement for lost or damaged
personal items(s)will submit a receipt for the item being replaced and a report to the
supervisor.Accident forms are available on TIG20 and through Risk Management.
The city will not reimburse for damage to luxury items;e.g.jewelry.An employee who uses
an unnecessarily expensive item at work does so at that individual's own risk.
Damage to eyeglasses will be reimbursed for any amount not covered by the employee's
vision care insurance up to the usual,customary,and reasonable rate.An employee who
typically works in the field and who requests reimbursement for lenses or frames must show
that an eyewear safety strap was being worn.The city will not reimburse an employee for
personal items,which are lost or stolen,or for normal wear and tear.
Employees should report to_the Ti and Police Department an ro er stolen from the Deleted: the loss of personal items
----g------------------p - y p 1' '------------------------------
workplace,including both personally owned and city-owned items.
6.0 FAMILY AND-MEDICAL LEAVES OF-ABSENCE, - VVEHICCULARAAND REPORTING
OF
_ _ __ _ _ _ ________________ .�-
--------------, OCCUPATIONAL ACCIDENTS¶
This policy is established to comply with both the Oregon and Federal Family and Medical Whenever a vehicular accident occurs
involving a City owned vehicle or a
Leave Act which entitle eligible employees to 12 weeks of job-protected leave every 12 personal vehicle if the employee is using
months for family and medical reasons.The intent of this policy and the law is to allow city the vehicle while on City business,theaccident must be reported immediately to
employees to balance their work and family life by taking reasonable,unpaid leave of the employees supervisor,and,ifwithin
the City limits,to the Tigard Police
absences for the reasons specified in these rules and regulations. Department$
Further information and procedures related
The city's family medical leave policy combines benefits required by the federal Family and to this policy are contained in the City of
Medical Leave Act(FMLA) and state law. t Tigard's Risk Management manual.¶
Deleted:POLICY
Egplo eve Eligibility
An employee must have been employed by the city for at least 180 days for an average of 25
hours of work per week during the previous 180 days.Exception:The hourly prerequisite
does not apply to parental leave.
Permissible Reasons For Taking Leave
• Birth of a child(also referred to as "Parental Leave")
• Placement of a child under the age of 18(or older if the child is mentally or physically
disabled)with the employee for adoption or foster care(also referred to as "Parental
Leave").
• Care of a family member(spouse,child,parent,same-sex domestic partner,or parent-in-
law)with a serious health condition or for a child requiring home care due to illness
extending longer than three days.Leave to care for a same-sex domestic partner or
parent-in-law is only required by State law. (This type of leave may be referred to as
"Serious Health Condition Leave.")
• To recover from or seek treatment for a serious health condition of the employee when
the employee is unable to perform at least one essential function of his/her regular
position.Serious health conditions include on-the-job injuries,pregnancy related
disabilities,and prenatal care(may also be referred to as"Serious Health Condition
Leave").
• To care for a child who suffers from an illness or injury that does not qualify as a serious
health condition but that requires home care (may also be referred to as "Sick Child
Leave"and is only required by state law).If"Sick Child Leave"is requested to care for a
child who does not have a serious health condition,the city has the right to not approve
the employee's request for leave when another family member is available to care for the
child. "Sick Child Leave"applies only to the Oregon Family Leave law.
Duration ofLeave
• Twelve work weeks during a rolling 12-month period computed forward from the date
the employee first uses OFLA/FMLA leave.
• Taking leave on an intermittent basis or on a reduced work schedule may be permitted
by the City if necessary to take care of an ill family member or because of the employee's
own health condition.In either case,documentation by a medical professional is
necessary.Leave of this nature must be approved in advance by the City and employees
must make a reasonable effort to minimize disruption in the work unit.Intermittent
leave will be calculated on an hourly basis which computes to 480 hours per year.
• Parental leave must be taken within 12 months after the birth/placement of a child.
Leave may be taken non-consecutively,but if more than two(2)non-consecutive leaves
are taken within the 12-month period,the employee must receive prior authorization
from the City Manager or Human Resources Director.
• Under the Oregon Family Leave law,employees who take parental leave are also entitled
to an additional 12 weeks of family leave to care for a sick child only if the full 12 weeks
of parental leave has been exhausted during the parental leave year. Employees not
using the full 12 weeks of parental leave are only entitled to the balance of their 12 week
entitlement for the purposes of sick-child or any other type of OFLA leave.
• Female employees who must take leave because of a pregnancy-related disability which
prevents the employee from performing any available job duties as documented by the
employee's treating physician or health care provider,may take an additional 12 weeks
for other purposes approved under the law.
Sometimes more than one type of leave may apply to a situation.Where allowed by federal
or state law,leaves will run concurrently.This means that worker's compensation leave,leave
for a non-industrial injury or illness(including paid leave such as sick leave),Medical Leave
Bank(MLB)and/or Paid Time Off(PTO) for Management,Supervisory&Confidential
Group employees participating in the Paid Time Off Program,leave as a reasonable
accommodation for a qualified individual with a disability,paid vacation used for a family
leave qualifying reason,and federal family medical leave and state family medical leave may
all run concurrently and be counted against the employee's annual family medical leave
entitlement. All applicable leave will be governed by city policies,bargaining agreements,
State laws,and/or Federal laws.
QU's Roonsibilities
• If the city(specifically the employee's supervisor,Human Resources,or any other
management employee)acquires knowledge that an employee may need to take
OFLA/FMLA leave for any of the reasons specified in these policies,the city will
inform the employee of their entitlement to request leave within 2 working days.
• he ci will furnish the em to ee with a co of this policy,a leave request form and Deleted:H.Resources u
' - - �' y---------- ----py--------------------------------g------------'------ ----=--
the required medical certification form.This information must be completed and
returned to the employee's supervisor within the timelines stipulated under"Employee's
Responsibilities."
• After the supervisor has acquired all the necessary signatures on the leave request form,
it should be forwarded to Human Resources who will determine the employee's
eligibility and make an entitlement designation within 2 working days of receipt of the
completed request forms.Notification will be in writing.
• It is the city's right and responsibility to determine and designate leave as OFLA/FMLA
if the eligibility standards are evident.Such a designation will be based on information
obtained either from the employee or his/her spokesperson(e.g.,spouse,parent,
physician,etc.)in the event the employee is incapacitated.
• If the city is unable to confirm that the requested leave qualifies as OFLA/FMI-A leave,
it may declare a preliminary designation regarding eligibility.However,upon receipt of
the medical information,the city must either withdraw or finalize the preliminary
designation in writing to the employee.
Lupenisor's Wonribilitier
• When a supervisor becomes aware of a pending leave of absence which might qualify for
OFLA/FMLA leave,the supervisor will provide the employee with resource information
on their OFLA/FMLA rights and advise the employee to contact Human Resources for
T__ __ -__--- Deleted:abriefsummaryof
more cletails:'I lie supervisos
r lioulcl immediately advise 1umaa Resources of this
referral.
• After the supervisor reviews the leave request,they must immediately forward the
request form to the appropriate signing authority(i.e.,department director,Human Deleted:D
Resources Director City Manager,)_It is the-supervisor s responsibility to assure that all peleted:Head
necessary signatures axe acquired and that the signed leave request form is submitted to Deleted:Human Resource Director
Human Resources within one(1)working day after receipt from the employee.
• All medical documentation must be forwarded to Human Resources.No medical files
shall be retained at the supervisors desk or in the department.It is also important to
remember that the supervisor must protect the confidentiality of the employee.
Information should be shared only on"a need to know"basis and no specifics should be
shared with the employee's co-workers.
• The supervisor is required to process a Personnel Action form with all the appropriate
signatures for the employee's leave of absence.
• The supervisor should make arrangements with the employee for the completion and
submittal of timesheets.Timesheets need to be processed by standard Payroll
procedures.The supervisor is responsible for monitoring timesheets to reflect
appropriate FMLA use.
• The supervisor should make every effort to maintain ongoing communication with the
employee during his/hex absence for the purpose of acquiring status reports especially in
regards to the employee's return to work date. Contacts should take place at least every
30 days.
• The supervisor should notify Human Resources of the employee's pending return to
work and acquire any necessary medical release information prior to the employee's
return to the job.
Eoloyee's Reitonsibilitzes
The employee should notify their supervisor of any pending leave of absence and contact
Human Resources for additional details of their OFLA/FMLA rights.
The employee is required to submit a completed City of Tigard"Request for Family and
- Deleted'of Absence Request
��
Medical Leave form to their-sup ervis-or-within the following tune frames:
a) When leave is anticipated,written notice must be provided at least 30 calendar days
prior to the start of leave. "Anticipated"refers to an employee having knowledge at
least 30 calendar days in advance.
b) When leave is unexpected,verbal notice must be provided to the supervisor or
Human Resources within 24 hours of the leave commencement plus written notice
must be forwarded to Human Resources within 3 days after returning to work.
c) Failure to comply with providing proper notice will result in delaying the leave until
proper notice is received.
• The employee should submit any required written verification from their treating
physician or health care provider based on the timeframes and guidelines identified
under the"Medical Certification" section below.
• The employee should make arrangements with their supervisor for the completion
and submittal of timesheets during their leave of absence.
• The employee should keep their supervisor and Human Resources apprised of their
situation on a regular basis.
• The employee should inform their supervisor and Human Resources of their intent
to return to work as soon as their treating physician has informed them of the release
date.
• The employee should forward any required medical release documentation from
their treating physician or health care provider to Human Resources at least one day
prior to returning to work.
Medical CerdKcatzon
• The city requires written verification from the treating physician or health care provider
at least 30 days prior to the start of the leave for an anticipated serious health condition
relating to either the employee or the employee's family member on a form furnished by
the city.
• In cases where the serious health condition is unanticipated,the employee has 15 days
from the date of the city's request to provide the required medical certification.
• The city has the right to solicit a second and,if necessary,a third opinion to verify the
health care provider's certification of a serious health condition.This verification will be
at the city's expense.
• If the required medical certification does not validate the necessity for OFLA/FMI A
leave,the leave will be retracted.In this situation,employees may be placed on
unapproved leave of absence and the time originally counted toward their OFLA/FMLA
entitlement will be revoked.
• For employees on approved intermittent family medical leave,additional medical
certification may be required upon expiration of the current medical certification or
every 30 days as deemed necessary by the city.
• The city also requires the employee to contact their supervisor with a status report at
least every 30 days.In addition,the employee must inform their supervisor of their
intent to return to work at least one day before returning to the job.
• In the case of the employee's own serious illness,a medical release form will be required
before returning to work.
• If an employee has used leave to care for a sick child on more than three separate
occasions in a 12-month leave period,upon request the employee must provide medical
documentation that their child was ill and required home care to support any additional
use of sick child leave.
Use Of Paid Leave Time
• The City requires the substitution of accumulated sick leave or Medical Leave(for
Management/Supervisory/Confidential Group employees participating in the PTO
Program)prior to or during the duration of FMLA leave as provided by applicable city
policies,bargaining agreements,State laws,and/or Federal laws.
• Management/Supervisory/Confidential Group employees participating in the Paid Time--------
Formatted:Bullets and Numbering
Off Program who are on an approved OFLA/FMLA leave(whether full time or
intermittent)may have immediate access to their Medical Leave Bank.
• After sick leave or Medical Leave has been exhausted employees are required to use any
other accumulated paid time(i.e.,vacation,management leave,floating holiday,
appointment leave,etc.) as provided by applicable city policies,bargaining agreements,
State laws,and/or Federal laws during their leave of absence before being placed on
unpaid leave status. Earned time(i.e.,compensatory time and M2 time)is not eligible to
be used during approved Oregon and/or Federal Family Medical Leave unless otherwise
provided by applicable city policies,bargaining agreements,State laws,and/or Federal
laws.
• Employees are required to notify their supervisor of the order in which accumulated paid
time(after sick leave or Medical Leave has been exhausted)is to be used during the
period of time they are on OFLA/FMLA leave as provided by applicable city policies,
bargaining agreements,State laws,and/or Federal laws.
Bent Continuation
• The City will continue to maintain group health insurance coverage for the employee for
the duration of their leave on the same terms as if the employee is working.This includes
medical,vision,and dental.If applicable,the employee is responsible for paying their
share of health insurance premiums while on leave-arrangements will be made prior to
the start of the leave.
• Non-medical related benefits (i.e.,LTD,Life,etc.) are the responsibility of the employee
when on leave without pay status.
• Once an employee is placed on leave without pay status as a result of using all their
accumulated paid leave,the employee will not continue to accrue time and benefits
associated with the employee's length of service.
• If the employee chooses not to return to the city after their OFLA/FMI A leave(other
than as a result of their own serious health condition),the city has the right to recoup
any health insurance costs spent in their behalf.
• If the employee does not return to work after the allotted 12 weeks (either by choice or
inability),they will be eligible for continuation of health benefits through COBRA
provided the employee does not have other health coverage.
Reinstatement
• The City will make every effort to reinstate the employee in their former position.
• If reinstatement to the employee's former position is not possible due to the
unanticipated elimination of the position during the time of the employee's absence,the
employee will be reinstated to an equivalent position if one exists.If the employee is
covered by a collective bargaining agreement,reinstatement will comply with the terms
of the agreement.
57.0 CLASSIFICATION PLAN
jAod
he ose of the classification lan is to rovide a o
cm Tete s stematic and continuous_____ Deleted:P ara
inventory of all job classifications in the city and to provide accurate descriptions and
specifications for each class.
The Classification Plan shall standardize titles,each of which shall be indicative of a definite
range of duties,authority and responsibilities.Each classification shall be described in a
written specification to include an appropriate title,a statement of the duties and
responsibilities involved,supervision exercised and received,and the minimum qualifications
required for applicants to the position.The Human Resources Director shall be responsible Deleted:Any"working tide"desired
for e administration and maintenance of the clas siffcation lari:The Human Resources may be used when authorized by the
Director,with recommendations from department directors,will`allocateositioris to th --------- department director,however the
unofficial job titles will have no bearing on
appropriate classification and may make revisions in the classification plan including the the official designated classification title of
addition of new classes,combination and/or revision of existing classes,and deletion of Maintenanceanyposance or employee.¶
obsolete classes. a(11xPlm¶
Deleted:Human Resources shall also
periodically review the classification of
Clagi cation De nc fzons positions and audit their duties and
`�-------------- ----------------------------------------------------------------------------------------------------- .
responsibilities,making changes as
necessary to keep the plan up to date.
Classification descriptions are written statements of each job classification included in the
classification plan.Descriptions include a class title,a statement describing the purpose and Deleted:J
distinguishing characteristics of positions in the class,representative examples of work
performed,supervision exercised,supervision received,and general recruiting indicators
(knowledge,skills,abilities,experience and training)that a person should possess to
successfully perform the work.Necessary requirements such as licenses or certifications are
also included.
Delated:Specifications are descriptive
eClassification descri tions o not prescribe each and every specific Auty of anypositon,nor
- ------- ----
and not restrictive and
do they limit the authority of management in assigning work.A classification description
shall be liberally construed as a general description of the work characteristics of similar
positions properly allocated to that class. Specifications are intended to indicate the kinds of
positions allocated to the various classes as determined by their duties,responsibilities and
minimum qualifications and should be interpreted as a whole and in relation to others in the
classificationP lam. of in the class specification is to be interpreted as restricting a - Deleted:Particular phrases or examples
�T p ' "
supervisor from assigning an employee of one class to perform some of the duties of a shall not be isolated and treated as a full
definition of the class.¶
higher class or lower class for a limited period of time.
Supervisors are responsible for ensuring that the classification descriptions for each position
under their supervision are periodically reviewed to ensure their accuracy,and that revisions
are forwarded to Human Resources.
Deleted:Ab,,al n ofPo.rilronA
CGIUJ'.TL�GC1tZ072----------------------------------------------------------------------------------------- Each position shall be allocated to one of
the classes of the approved classification
plan.In determining the class to which any
A reclassification may occur when job content changes substantially,requiring the position position is allocated,the specification
to be assigned to a different classification and/or pay range.Managers and supervisors are describing each class shall be considered as
a whole,comparing general duties,
responsible for ensuring that the duties assigned to employee are consistent with their responsibilities,minimum qualifications
classification and reasonably fit within the overall concept of that class.Managers and and relationships to other positions in
order to obtain an inclusive picture of the
supervisors are also responsible for making timely requests for classification reviews when position and placement into an appropriate
there is a question regarding the classification allocation of a position or positions. class.The Human Resources Department
shall analyze the position and assign it to
the appropriate class within the
Reclassification will not be used to:a) avoid restrictions concerning demotions and Classification Plan.A new class
promotions,or b)make a change in salary in the absence of a significant change in assigned specification shall be prepared to cover
each additional position which is created
duties and responsibilities.Managers may assign duties that reasonably fit within the overall, and for which the classification plan does
broad parameters of a classification in cases of a bona fide emergency affecting the health, not provide a satisfactory class description.
Employees shall be notified of the
safety and welfare of the community for a specific duration to deal with that emergency,or allocation of their position,and the class
in temporary"working out of class" situations. title as it appears on the class specification
shall be used to designate the position on
official records and payroll.¶
If the duties of an existing position change sufficiently so'that the current classification may
no longer be appropriate,a request for a classification review shall be submitted to Human
Resources,preferably prior to the change in assigned duties and responsibilities.A
department director,manager or supervisor may initiate a request to Human Resources for a
reclassification review.An employee may also initiate a request to their supervisor for a
reclassification review.The request must be in writing and must include all requested
supporting documentation required for a decision to be made including the justification for
the requested change.
The Human Resources Director may initiate a classification review at any time.The effective
date of the reclassification action shall be the date the written request for reclassification and
all required supporting documentation is filed with Human Resources.
An employee occupying a position that has been reclassified may be retained in the position
provided that a) Human Recourses certifies that the incumbent possesses the minimum
qualifications of the new class,and b) the incumbent has been performing the duties of the
higher or lower classification prior to the position audit and c)the department director
determines that the performance of the incumbent has been satisfactory.Reclassified
employees meeting the above criteria will not serve a new probationary period and their
merit date will not change.If all of the above conditions cannot be met,the position will be
open for recruitment.An employee who is not appointed to the reclassified position will be
transferred or demoted to a suitable,vacant position,provided that they are qualified to
perform the work,or will be separated from employment if no other suitable,vacant
position exists.
58.0 COMPENSATION ADMINISTRATION
The city is interested in providing a fair and equitable compensation plan that retains and
attracts qualified employees to the organization.The salary plans for city employees are
developed through the collective bargaining process for those employees represented by
bargaining units,and by the City Manager and City Council for those supervisory,
management and non-represented employees.In consultation with the City Manager,the
Human Resources Director shall recommend to the City Council for adoption,the city's
salary plans,compensation policies and any changes necessary.
The salary plans list the salary ranges in the plan for each classification,and a minimum and
maximum rate of pay and such intermediate rates as are considered necessary and equitable.
Flat rates may be used instead of salary ranges where appropriate.Each job classification
shall be assigned a salary range,and pay for any position in that classification must be within
that salary range except as approved by the City Manager.
justments to assi ed ranges for individual classification and presentation to Council of Deleted:nevela�mene mrdAdn ria
- ---------------------gn--------g---------------------------------------------- -------------------------------------. Compensation rates for City classifications
new classifications and ranges shall generally be done-in conjunction with the annual shall be set in accordance with the City
budgetary process,except where the Human Resources Director determines that: compensation policies,subject to collective
bargaining where applicable.Compensation
policies shall be administered in a fair and
1. a substantial change in the duties and responsibilities of the classification necessitates``• consistent manner.¶
a salary adjustment,or Deleted:,
,
2. an inordinate amount of turnover within the classification is attributed to an Deleted:
inadequate salary level,thereby necessitating an immediate salary review;or Formatted-Bullets and Numbering
3. difficulty in recruitment of qualified candidates for a classification is attributed to an
inadequate salary level,thereby necessitating an immediate salary adjustment.
Annual Review)
Annually,prior to the adoption of the budget,the Human Resources Director shall submit a
recommended compensation plan for all non-bargaining unit city employees to the City
Manager for consideration by the City Council.The Council may provide a general salary
adjustment to the salary plan and this is distinguished from a merit salary increase.
Administration
Individual wages are determined by progression through the lassification a ran a as Deleted:steps of the
provided below,or within the collective bargaining agreement.Eligibility fox advancement
through the salary range will be delayed by layoffs or certain unpaid leaves of absence.
BVinning Salam
--- ---- -- Deleted:frst stepNormallY an employee will be appointed at the beginning salary rat of-the- ayrange
- "--
established for the classification.Appointments above the beginning salary rate for the pay
range,will be presented in writing to the City Manager for final approval_ The factors to be Deleted:at higher steps
reviewed in approving appointment beyond the beginning xate;may include the availab_ _of - Deleted:flirt step
applicants with the qualifications for the vacant position,qualifications of all available
applicants,the resulting relationship to other similar classifications,a substantially higher
level than the recruiting indicators of training,experience,or other qualifications of the
candidate,and the time available to continue the recruitment process.Budget considerations
will be an important factor in the recommendation.
Merit Increases
Merit increases shall be granted based on satisfactory performance at the completion of
twelve months of employment from the date of satisfactory completion of the probationary
period,and every twelve months thereafter,except as otherwise specifie4in union contracts, _--- Deleted:provided
management group personnel policies,or individual employment agreements.When an
employee reaches the final step or maximum rate of the salary range,no more merit increase
salary adjustments will occur.
Promotions
A promotion is an appointment to a position in a classification which has a higher maximum
salary rate than the employee's present classification.Normally,the employee shall receive
the nearest higher salary,equal to or greater than five percent(5%)above the employee's
current salary in the new range on the date of promotion.In no event shall a promoted
employee's salary be less than the starting pay of the salary range for the new classification.
The department director who believes that the promotion should be made at a higher rate
within the new range must present his/her request in writing to the Human Resources
Director,who will review the matter and make a recommendation to the City Manager.
Factors such as the qualifications and prior experience of the candidate as well as the city
budget will be considered.Employees who are promoted will be required to serve a new
probationary period,and their merit date will change to the date of their promotion.
Demotions
A demotion is an appointment to a position in a classification which has a lower maximum
salary rate than the employee's present classification or a reduction in rate to a lower step or
placement on the range.When a demotion occurs,the department director shall recommend
one of two salary options: (1) a salary for the demoted employee on one of the steps within
the salary range of the lower classification,or(2)that the employee's salary be j zen at its--------- Deleted:set at not higher than ten
current rate and designated by"red circle"rating until the new range reaches the employee's percent(10%)over the top step in the
salary range of the lower classification and
frozen pay level.The application of any of these options shall not result in an employee
receiving a higher salary.These options shall also apply to demotions in lieu of layoff.The
City Manager has the authority to grant approval of"red circle"ratings where the salary is to
exceed the top step of the lower classification range.An employee's merit date shall remain
the same when a demotion occurs.
TemborarEmOloy
Temporary employees usually will be paid at a rate within the salary range for the class which
most nearly describes the nature of the duties assigned to the employee.
SalarRange Chan
When the salary range for a classification is changed,the employee's pay will be based on the
same step or same relative position in the new range as the old range.This change will not
alter the employee's merit date.Salary range adjustments normally are made as part of the
budgetary process and are to be distinguished from merit salary increases.Salary range
changes do not recognize length or quality of service.
Clary ication Transfi
When an employee is appointed to a position in a different classification which has the same
pay range,the employee's pay remains the same.The employee will be required to serve a
probationary period in the classification if he/she has not previously served a probationary
period in the classification.The employee will retain the same merit date.
Beclassication
A reclassification may occur when the job content changes substantially,requiring the
position to be assigned to a different classification and/or pay range.An employee whose
position is reclassified to a higher classification with a higher maximum salary rate will
receive a pay increase equal to at least 5%or the nearest step,whichever is greater.An
employee may not be placed lower than the first step of the range or above the top step of
the range.When an employee is reclassified to a lower classification the Idepartment-director __ - Comment:This section relocated here
shall recommend one of two salary options: (1)a salary for the employee on one of the steps from another section
or within the salary range of the lower classification,or(2) that the employee's salary be
frozen at its current rate and designated by"red circle"rating until the new range reaches the
employee's frozen pay level.The application of any of these options shall not result in an
employee receiving a higher salary. Employees will not be required to serve a new
probationary period if they are retained in the reclassified position provided they meet the
conditions specified under the article"Classification Plan",and their merit date will not
change.
Deleted:When an employee is
orkznn Out O Classi Catlon y. reclassified to a lower classification the
- ----------------------- salary may be decreased if the salary is
higher than the highest step of the new
Except for on the job training purposes,whenever an employee is required to perform any salary range or the salary may be frozen
substantial portion of duties relative to tasks assigned in a higher level of classification above until the new range reaches the employee's
that in which the employee is normallyclassified the em lovee shall be aid for such work present pay level.Employees will not be
ly______________--------------------------_--- required to serve a new probationary
at rate within the s ran e for the higher classification not to exceed the maximum period if they are retained in the
-------------- ----- -----g---------------"-------------------------i--------------------------------------------- - reclassified position provided they me th
step of the higher salary range.Working out of classification must be approved in advance et e
+ conditions specified under the article
by the department director. "Classification Plan",and their merit date
will not change.¶
.SutJenisorDeleted:for more than a toof fifteen
(15)consecutive or nonconsecuttal ive days
Whenever an employee is temporarily assigned the added responsibility for supervision of a (eight(8)hours or any porton thereof)
work unit beyond their regular duties but they are not performing a substantial portion of Deleted:the
the duties of a higher supervisory class,the department director shall pay that employee an Deleted:often percent 109/6 above their
additional rate of five percent(59/6) added to the employee's regular wage for the period the current salary or the first step of the
assigned higher classification work,
employee is given the added supervisory responsibilities. whichever is greater,
Tuv/Witness Pad
Employees will be paid at their standard rate of pay when they are required to report for jury
duty or as a witness in cases in which the employee has no interest.Compensation received
by the employee for serving on a jury will be paid to the city.Compensation received by the
employee to cover travel and related expenses will be retained by the employee,unless
otherwise paid by the city.It is the responsibility of the employee to report to work for the
remainder of their normal shift if jury duty does not exceed the work day,or to make
arrangements with their supervisor for approval of the use of accrued leave.
Disdplinay Deductions for Exempt Positions under the FLSA
Other than for major safety violations as defined and interpreted under the Fair Labor
Standards Act,disciplinary suspensions without pay shall not be imposed for less than one
workweek duration for employees whose job classification is exempt from the Fair Labor
Standards Act.
59.0 COMPLAINT PROCESS
It is the policy of the city that employees be provided a process whereby their problems and
complaints will be considered as fairly and rapidly as possible without fear of reprisal.These
policies are available to all employees,however,bargaining unit employees must use the
grievance procedure in their collective bargaining agreement if the action pertains to an
interpretation or application of an agreement provision or any matter within the scope of
representation.This complaint process may not be utilized for: 1) disciplinary action 2)
complaints for which the city provides an alternate dispute resolution procedure 3) any
matter which is to be or has been grieved under an applicable collective bargaining
agreement,or 4) termination or a probationary appointment.Every effort will be made to
find an acceptable resolution by informal means at the lowest possible level of supervision.
An employee or group of employees may file a complaint if they believe an injustice has
been done because of
• A lack of city policy or department policy
• A policy that is unfair
• A deviation from the city's adopted policies
• A disagreement with another employee or supervisor
• A discretionary action of a department in the application of the city personnel rules
and policies
All complaints must be in writing and must,at a minimum,refer to the policy,rule or
regulation in question,the condition or situation causing the complaint to be filed,and the
remedy sought by the complainant.
An employee who has a problem or complaint shall first attempt to resolve the problem
informally through consultation with his/her immediate supervisor.This shall be
accomplished within five working days after the occurrence or within seven working days
after the employee knew or reasonably should have known the facts upon which the
complaint is based.The supervisor shall respond to the employee within seven days of the
initial discussion with the employee.
If the complaint is not resolved to the employee's satisfaction,the employee may,within five
working days of a response by the supervisor,forward aformal written-co-mplaint to the________ Deleted:the
supervisor.The supervisor shall,within five working days of receipt of thcomplaint,render
a decision in writing regarding the resolution of the complaint.
If a complaint is not settled with the employee's supervisor,the complaint may be appealed
in writing to the employee's department director within ten working days from the receipt of
the immediate supervisor's written response.The complaint must specifically set forth the
reason the supervisors response was not satisfactory.The employee may request a meeting
with the department director.The department director may also conduct a meeting without
a request from the employee.The department director shall render a decision in writing
within ten working days of the date of the meeting,if a meeting was held,or within fourteen
days of the receipt of the complaint.
If a complaint is not settled with the department director,the employee may submit the
complaint within ten working days from thexeceipt of the department directors response-in...... Deleted:of
writing to the City Manager or his/her designee.The complaint must specifically state the
reason the responses previously provided by management were not satisfactory.A meeting
may be held by mutual agreement of the parties.Twenty-one calendar days from receipt of
the complaint,the City Manager shall deliver a written decision to the employee.This
decision shall be final and binding.
The time limits set forth are essential to the timely review and resolution of complaints.The
time limits,however,may be extended by mutual agreement in writing of the employee and
the department director or City Manager,depending at which step the complaint is at.
It will be the employee's responsibility to submit the complaint to the next designated level
within the specified time limits if they are not satisfied with the decision.The employee's
failure to submit the complaint to the next designated level within the time limits imposed
shall terminate the process,and the complaint shall be considered settled on the basis of the
last decision,and not be subject to further appeal or recommendation.
There shall be no restraint,interference,coercion,discrimination or reprisal against any
employee for using the complaint procedure.
60.0 JOB SHARING
A budgeted position may be shared by two(21individuals_if in the city's judgment,the Deleted:more than one
position lends itself to a job share arrangement without decreasing the efficiency of city
services or increasing the net cost of the position to the city.The criteria for determining if a
position lends itself to a job share arrangement include,but are not limited to those outlined
below:
• whether the arrangement hampers or assists departmental or city operations; Formatted:Bullets and Numbering
• whether the job functions can easily be broken into parts or have a variety of unique
duties or specific parts;
• whether the normal work schedule allows the job to be shared on an equal basis
during the pay period;
• whether qualified individuals can be found to fill both parts of the position;
• whether the amount of training required before a person can fully perform the job
functions is cost effective;
• whether arrangements can be made to accomplish the work assigned to the position
in the absence of one or both employees filling the position;
Job sharing arrangements are typically on a half day or half week basis.Filling of a job share
position shall be in accordance with established recruiting and selection procedures.
The follondngguidek'nes shall apply:
1. Job sharing will only be granted when it is consistent with city needs and where the F-""---- Formatted:Bullets and Numbering
department has demonstrated that the functions of the shared position can
effectively be performed by two(2)persons;
2. The position to be shared must be an adopted and budgeted full time position;
3. All job sharing requests must be submitted under the signature of the department
director,, _-- Deleted'and approved by the City
------------ -------------------- J Manager
4. Each job sharer is required to work a total of twenty(20) hours per week in order to
qualify for city benefits.Benefits,including sick leave,vacation,holiday pay,and
health insurance will be pro-rated in the same manner as for other regular part time
employees;
5. The two(2) employees filling a job share position must be of the same classification
as the position being shared.The employees may be hired at different steps or
placement within the pay ranged Deleted: as long as the adopted budget
—
----------------------- --------------------------------------------------' for the position is not exceeded
6. The days and hours worked and the duties assigned to each employee shall be the
responsibility of the immediate supervisor with the approval of the department
director;
7. The city reserves the right to discontinue a job share position for any reason at any
time.
job share axxan exnents ma be initiated b the supervisor or department director when the _ - Dielllbt d:< >No job
ons share
epre entedent
g Y ---------p-----------------p------------------------------------
by
position to be shared is vacant,or requested by a regular full time employee filling a full time a collective bargaining agreement unless
position who wishes to enter into a job sharing arrangement.This option is not available to specifically provided for in such agreement.¶
temporary or probationary employees.If requested,by the employee,the request must be-------------- Deleted:initiated
made in writing to the supervisor who must then obtain the approval of the department
director,If an employee in a job share position requests to work full time and the position is Deleted:,Human Resources Director
--------------------------------------------------------- ---- City not filled by two employees when the request is made,the position may be reallocated as full and the Ci Manager.
time and the employee may be granted the full-time positionyIn no case will_the__sec_ond-------------- Deleted: right to fill the
employee filling a job share position be laid off or terminated solely in order to Deleted: If the fob share position is
accommodate the other employee's request to convert the position to full time. filled by two employees,the employee
requesting to work full time may apply for
other City positions for which he/she is
qualified.
61.0 REPORTING IMPROPER GOVERNMENT ACTION
The City of Tigard is committed to maintaining an ethical workplace.City employees are
encouraged to report any incidence of improper governmental action. "Improper
government action"is defined as action taken by a city employee or officer that occurs
during the performance of their official duties and that is illegal,an abuse of authority,or
substantial and specific danger to public health or safety,or a gross waste of public funds.
"Improper government action"does not include personnel actions,including employee
grievances,complaints,appointments,promotions,transfers,assignments,reassignments,
reinstatements,restoration,re-employment,performance evaluations,reductions in pay,
dismissals,suspensions,demotions,violations of collective bargaining or personnel policies,
alleged violations of labor agreements,or reprimands.
Procedure
Employees who become aware of improper governmental actions should report the matter
to their own supervisor and should specifically state the basis for the employee's belief that
improper action has occurred.If the matter is not resolved by the supervisor,or it is believed
that the supervisor is involved in the issue,the employee should send a detailed,confidential
memo to their division manager,department director,Human Resources or the City
Manager.
Investigation
The employee's supervisor,manager,department director,Human Resources,or the City
Manager is obligated to promptly investigate the reported improper governmental action.
The name of the employee reporting the action will remain confidential to the extent
possible under the law.A summary of the findings may be requested by the employee
placing the complaint.Any personnel actions taken are confidential and will not be included
in the summary.
Retaliation
If an employee makes a good faith effort to follow the procedures outlined above,he/she is
protected from retaliatory action by this policy and under the law. "Retaliatory action"means
any adverse change in the terms and conditions of the employee's employment due to
reporting an improper governmental action.If an employee believes that retaliatory action
has been taken,they should report the change to their supervisor,division manager,
department director or Human Resources.If the complaint is not resolved within 30 days,
the employee may forward their complaint to the City Manager.The written complaint must
state the retaliatory action taken,and the requested relief.The complaint will be investigated
and responded to within 30 days.
62.0 INCLEMENT WEATHER Deleted:56.
V------------------------------------------------ --------- ---- ---------
The City of Tigard has an obligation to its citizens to continue offering public and
emergency services during inclement weather and disasters,and employees are to consider
city offices open and operating.Employees are encouraged to make every attempt to report
to and remain at work,unless otherwise notified by the City Manager or other authorized
designee.
The City Manager may use his discretion in deciding whether city offices will remain open
during periods of severe inclement weather,and may vary these policies on Inclement
Weather on a case by case basis.Employees must advise their supervisor of their late arrival
to work or absence from work due to inclement weather as soon as possible.
Overall,the city's policy is that employees will only be paid for hours worked.Employees
who are authorized to report to work late or are authorized to leave early because of
extremely hazardous weather conditions shall use accrued leave.Sick leave and appointment
leave may not be used for lost time due to inclement weather conditions.Employees may,as
an alternative,request authorization to make up missed time from their supervisor.If an
employee determines that it is unsafe to report for work,they will be authorized to use
accrued leave,other than sick leave,or may request authorization from their supervisor to
make up the missed time if such time can be arranged to accommodate work needs of the
department.
If the city finds it necessary to close City Hall and/or other city facilities while employees are
at work,employees will not automatically be released from work. On a case by case basis,
employees may be reassigned to other duties such as assistance in the city's emergency
operations center.Department directors will determine whether an employee is to be
temporarily reassigned duties,or whether they may be released from work early.If they are
released from work early,the employee may use accrued leave other than sick leave,or make
arrangements with their supervisor to make up the missed time if such time can be arranged
to accommodate work needs of the department.
If City Hall and/ox other city facilities are closed effective the beginning of the work day,
employees will be allowed to take accrued leave other than sick leave,or make up the missed
time with their supervisor's authorization.Exceptions to this situation will be those city
employees required to report for work due to the nature of their job and/or its relationship
to the emergency situation(i.e.police,public works,etc.)
63.0 SOLICITATION ON CITY PROPERTY
With the exception of vendors conducting normal business with the city,the city does not
allow peddling,solicitation or sale of goods or services for charitable or any other purposes
on city property during working hours without the approval of the City Manager.In
addition,the City Manager may designate specified locations on city property to be used by
employees for the purpose of posting notices of items for sale or otherwise of interest to
other employees.It is the obligation of employees wishing to utilize this privilege to do so
during off duty hours and in a manner which does not interfere with their work.The City
Manager may waive the provisions of this rule in cases where the sale of goods on city
property will not interfere with the operations of the city nor be in conflict with any other
rule,regulation or law.
64.0 DEFENSE AND INDEMNIFICATION OF CITY OFFICIALS
This policy refers to the defense and indemnification of city officials and employees in
proceedings not subject to the Oregon Tort Claims Act(OTCA),and defense of claims
brought pursuant to ORS Chapter 244(Government Standards and Practices).
Public Purpose for Polio
It is in the public interest of the City of Tigard that Tigard's officers and employees be free
of the personal financial hardship resulting from having to defend claims and charges (other
than"true"crimes punishable by imprisonment)which are beyond the scope of the OTCA
(Oregon Claims Tort Act)and which arise out of their good faith performance of their
duties.For the purpose of this policy,the city's "officers and employees"include_ City _ - Deleted:'
elected officers,members of the city's official advisory boards,committees and commissions,
charter officers and all employees.
General Rule
The city will defend and indemnify any city officer or employee and pay the cost of defense
and the amount of any judgments entered against the officer or employee.The city reserves
the right to not defend or indemnify if the action or omission of the officer or employee was
in bad faith and with malice.
Good faith is absent if the officer or employee knew or reasonably should have known that
the action or omission would violate the law,rule or regulation which he or she is charged
with violating,or if the officer or employee acted contrary to the advice of legal counsel.
Limitations on Dense and Indemn&cation of Crime Punisbabk 0 Imprisonment
In no event should the resources of the city be committed to the defense and
indemnification of a city officer or employee charged with a crime punishable by
imprisonment unless the Council is satisfied that:
The offense charged is based solely on the alleged negligence of the officer or employee,and
the officer or employee was not malfeasant in office nor willfully or wantonly neglectful of
official duty;and/or,
It appears that the allegedly criminal act or omission was done or omitted as a conscious and
good faith choice between evils in response to an emergency,or as a conscious and good
faith attempt to protect persons from injury,disease,or to protect property from damage or
destruction,either of which would have been likely and substantial had the officer or
employee not acted in the manner charged;and/or
The only basis for charging the official is vicarious liability for the misconduct of a
subordinate,and where the official clearly did not participate in or condone the subordinate's
conduct knowing or having good reason to know it to be unlawful.
Dense and Indemnz�Szcalion Conditional
Any commitment of city resources,pursuant to this policy must be contingent on the
Council's continued satisfaction that the conditions found to justify defense and
indemnification continue to be met.Should it appear that the officer or employee has
misstated or failed to disclose facts which,if known,would have changed the initial decision
to defend and indemnify,the city's commitment to that person's defense and
indemnification shall be withdrawn and the city shall be entitled to recover from that person
any public funds expended on that persons defense and/or indemnification.
Payment of Costs:Reimbursement of City
Ordinarily the commitment to defense and indemnification of an officer or employee will
involve direct payment of defense and indemnification costs as they are incurred.In any
case,however,the Council may choose to commit only to reimbursement of validated
expenses in the event the officer or employee is ultimately exonerated.If the particular law,
rule or regulation under which the officer or employee has been charged provides for
payment of costs and/or attorney fees if the officer or employee prevails the city shall be
entitled to reimbursement of any such costs and/or attorney fees paid by the city.
No Entitlement to Dense and lndemnication
Nothing in this policy should be construed to entitle any officer or employee to defense and
indemnification.The intent of this policy is to vest discretion with the Council with certain
restrictions as to when defense and indemnification funds may not be provided.In each case
the Council should be guided by considerations of what is in the best interest of the City of
Tigard subject to the above conditions and restrictions.
D�ense of ORS Chapter 244 Claims
In the event a claim is made against any officer or employee pursuant to ORS Chapter 244
(also known as Oregon Government Standards and Practices) the officer or employee is
responsible for providing their own defense.The officer or employee will be reimbursed for
the costs of providing their own defense,if the officer or employee is exonerated.
Deleted:62. HAZARD
i COMMUNICATION¶
-----""---"""""" - ------ ------- -""""" --""""""""" In order to comply with federal and state
occupational health and safety codes,and
to ensure a safe environment for
employees and members of the general
65.0 VOLUNTARY RESIGNATIONS public,the City of Tigard maintains a
written Hazard Communication Program
which complies with all applicable codes
To voluntarily resign or retire in good standing,an employee must submit a written letter of and standards.¶
resignation or letter stating intent to retire to their supervisor a minimum of ten(10)working It shall be the responsibility of the Risk
Management Division to maintain and
days prior to the effective date of resignation or retirement,unless covered by an update this Program,and of managers,
employment agreement in which case the provisions of such agreement shall prevail.Failure supervisors and employees to comply with
its provisions.¶
to submit a timely written resignation or notice of intent to retire may be cause to exclude Further information and procedures related
the individual from future employment opportunities with the city.A resignation may be to this policy are contained in the City of
accepted immediately upon receipt when the notice requirement is waived by the department Tigard's Risk Management Manual.¶
director.
Upon receipt of the written letter of resignation or notice,the supervisor shall prepare and
obtain the employee's signature on a Personnel Action form and forward that form to
Human Resources with the original letter of resignation/retirement attached.A copy of the
letter may be retained in the department.
The supervisor shall ensure that all city property is returned by the employee on or before
the effective date of resignation/retirement,and that arrangements are made for previous
tuition reimbursement to be refunded to the city by the employee if appropriate.The
supervisor shall advise the employee to contact Human Resources regarding scheduling an
exit interview.
At the discretion of the department director,with the approval of the City Manager,an
employee may be permitted to withdraw his/her resignation/retirement request at any time
up to and including his/her last day of employment,provided the position has not already
been filled.However,the employee may not be reinstated after leaving city employment
without participating in an authorized selection process.
Employees who are absent from work without approved leaves for a period of three(3)
consecutive work days may be considered by the city to have abandoned their position and
resigned from the city service.