Resolution No. 00-08 l
CITY OF IGARD,OREGGN
RESOLUTION NO. 00-Ln
A RESOLUTION ADOPTING UPDATED CITY PERSONNEL POLICIES
WIIEREAS, the City of Tigard has determined that the City Personnel Policies have not been
comprehensively reviewed and updated since October 1987,
WHEREAS,a complete review and update to these policies has now been completed,
NOW,THEREFORE,BE IT RESOLVED by the Tigard City Council that the revised and updated City
Personnel Policies as referenced in the attached Exhibit A be adopted
'`/�1
PASSED: This day o -1-999-
�-iof%ar4-
ATTEST:
Brian J. Moore,Council President
'-City Recorder-City of Tigard 40
i
-itywideVt Iutdot
i
ANk
wr
H
3
a
a
RESOLUTION NO. o o-_O`d
Page 1
EXHIBIT A
City Personnel Policies
March 14, 2000
H
H
H
p�
-I
PERSONNEL POLICIES
ARTICLE TITLE PAGE
30.0 Purpose 1
31.0 Code of Ethics for City Employees 2-3
32.0 Conduct and Appearance of City Employees 4-6
33.0 Equal Employment Opportunity/Non-Discrimination/ 7-9
Harassment
34.0 Job Attendance 1C-12
35.0 Drug Free Workplace 13-14
36.0 Pre Employment Drug Testing 15
37.0 Personnel Records 16-17
33.0 Employment of Relatives 18
39.0 Political Activities 19
40.0 Outside Employment 20
41.0 Education/Training 21-24
42.0 Travel Authorization and Reimbursement 25
43.0 Solicitation on City Property 26
44.0 Written Departmental Rules and Standard 27
Operating Procedures
45.0 Electronic Communications 28-30
46.0 New Employee Orientation 31
47.0 Voluntary Resignations 32
48.0 Performance Reviews 33-34
49.0 Pay Dates and Payrol!Advances 35
50.0 Temporary Employees/Intern Employment/ 36-38
Contracted Services
51.0 Classification Plan 39-41
52.0 Compensation Administration 42-45
53.0 Recruitment and Selection 46119
54.0 Job Sharing 50-51
55.0 Family and Medical Leaves of Absence 52-58
i 56.0 Inclement Weather 59
57.0 Use of City Owned Vehicles 60
58.0 Smoke Free Work Environment 6
a 59.0 Defense and Indemnification of City Employees 62-64
60.0 Personal Property 65
61.0 -Reporting of Vehicular and/or Occupational Accidents 66
62.0 Hazard Communication 67
a 63.0 Complaint Process 68-69
54.0 Reporting Improper Government Action 70-71
65.0 Safety Policy 72
66.0 Workplace Violence 73-74
67.0 Use of City Property and Information 75
l�
PERSONNEL POLICIES
No. 30.0
PURPOSE:
These personnel policies and procedures are designed to inform all employees of the
day-today administrative working of the City.They are also meant to provide
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 with the City differ from these rules,the language in the bargaining
agreement shall prevail.
The City reserves the right to change any of these policies and procedures at anv 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 or a promise or guarantee of specific
treatment in specific situations.
AUTHORITY AND RESPONSIBILITY:
The Mayor and the City Council shall have authority over all matters of personnel
administration through adoption and implementation of the City budget, pay plans,
collective oargaining agreements, and ordinances and resolutions adopting and/or
amending the personnel rules and regulations.
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 pursuant to City Council policies. The City Manager shall advise
the City Council on any changes concerning these rules and regulations.
3
f
1
1
PERSONNEL POLICIES
No.31.0
CODE OF ETHICS FOR CITY EMPLOYEES:
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 to a reasonable observer even if the
conduct is not against the law.Just because an action is legal doesn't necessarily mean it
is right or good. Conduct which could appear dishonest to an observer will undermine the
public trust even if the conduct is not illegal.The code of ethics is intended to convey the
general expectations of what is considered to be appropriate conduct for a City employee.
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 should
recognize themselves as private citizens and not use information or facts that have come
to them by virtue of their employment and are not subject to disclosure to the public. In
matters of personal interest, employees should conduct themselves so as not to impair
their working relationship with other employees or with public officials.
In general, City employees are encouraged to not accept personal gifts. However, State
taw does provide certain guidelines for the receipt of gifts as a public employee and the
City of Tigard will comply with those standards. Pursuant to ORS (Oregon Revised
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
J appearing in his/her official capacity. Food and/or beverages consumed by the
employee in the presence of the purchaser or provided is 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
5 greater than$250 in any one calendar year.
a
Gifts exchanged between co-workers for occasions such as birthdays and holidays
are not prohibited. Gifts for employee's awards, volunteers and community
cooperation are also allowed.
2
• Employees shall not accept any special favors, gifts, or gratuities; resulting from or
related to employment with the City unless otherwise specified in this policy. In this
regard,the appearance of impropriety can be as damaging as actual impropriety and
is equally to be avoided.
• Department Heads may allow acceptance of ioni-nonetary gift.-&I nornfnaf vaifue(e.g.,
under$100) at holidays or special occasions which are available to be shared by all
employees in a nonbiased or nondiscOrrunar�ry manner or on behalf of an area
nonprofit public service agency.
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.
y
y
7
y
H
q�
y
3
A
PERSONNEL POLICIES
No.32.0
CONDUCT AND APPEARANCE 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 respeci for the diy�city of every i—na nbar of the Ci
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 cc-workers to create and maintain
a positive work environment.This includes respecting the individual rights of others,
supporting and ability by 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'tie 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
c 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:
e
Improper use of an employee's position for personal gain;
+ Inefficiency or incompetence;
4
• 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;
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 io, negligence or unproper air unauthorized Use of C'-.Y, .ehicle ,
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;
i
. Fraud in securing employment;
. Claim of sick leave under false pretenses or misuse of sick leave;
j
3 • Fighting or violence in the workplace or worksite;
Possession of firearms or lethal weapons except for police officers and others
authorized to carry firearms;
5
• 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 discredit on the City or any
department.
{
6
PERSONNEL POLICIES
No. 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 ail 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,disability or manial status is prohibited.Harassment of
any employee based on these distinctions is also inappropriate, offensive and illegal,
and will not be tolerated.Any employee found to have engaged in harassment will be
subject to disciplinary procedures up to and including dismissal.These policies extend
to all areas of empioymeni,benefit s, ccnditions,terms and privileges of service.
It is the responsibility of all employees, managers and supervisors to understand and
comply with these polices.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
j creates or fosters an unwelcome or abusive work environment. Harassment can include
i 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:
a '
• Negative or offensive comments,jokes or suggestions about another employee's
gender or sexuality;
7
1®
• Slang, names or labels such as"honey","sweetie",'boy", "girl",that others find
offensive;;
Y 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 dismissal.An employee who uses sexual behavior to create a hostile work
environment 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.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.
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
5 procedure.
a
Reports or 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
8
i
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.
9
■
PERSONNEL POLICIES
No. 34.0
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 work day. Recusing 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;:�-:;ord. 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 WorkNVork 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,and kept on file with the Payroll Division of the Finance Department. The
standard schedule shall be either eight hours per day for a five-day week or ten hours a
day for a four-day week; however,department directors may establish alternate or
flexible work hours,work days or work weeks to accommodate the department's
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
i
10
■
AWL
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 work day at their
scheduled starting time, uniess authorilzed or 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. 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 managers 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 Location:
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, 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, nor a condition of employment, but rather a voluntary
11
1
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 pert time basis
with the prior approval of the department director if,based on a full analysis of the 1
employee's position, it is determined that the nature of the duties and 1
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.
12
s
PERSONNEL POLICIES
No. 35.0
DRUG 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. 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. City
employees are expected and required to report to work on time and in appropriate mental
and physical condition for work.
Pursuant to the Drug Free Workplace Act of 1988 and in response to the growing
awareness of substance abuse, the manufacture, distribution, dispensation, possession,
or use of unlawful drugs while on City premises or while conducting City business is
strictly prohibited and will not be tolerated. Violations of this policy will result but is not
limited to disciplinary action, up to and including termination. The following conduct is
prohibited while on duty or on paid standby:
1. Unlawful buying, selling,transportation, possession, providing or use of
drugs
2. Use of alcohol
3. Being under the influence of alcohol
4. Being under the influence of drugs
5. Having a detectable odor of alcohol on the breath
6. Failure to report limitations or impairment caused by prescribed drugs or over
the counter drugs
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 perorm job assignments shall report
the medication to their supervisor or Department Director immediately.
Employees needing help in dealing with substance abuse problems are encouraged to
use the Employee Assistance Program and health insurance pians, as appropriate. It ;--
the
sthe desire of the City to help these employees,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. Continued poor performance, or failure to successfully
complete a rehabilitation program,are grounds for dismissal.
13
Employment with the City is conditional upon the employee's acceptance of the terms of
this policy.As mandated by the Drug Free v-ol—place Act,any conviction for a violation of
a criminal drug statute occurring In the workplace shall be reported to the City in writing
no tater than.five calendar days after the 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 Transportation's
Mandatory Drug and Alcohol Testing Pegulations will also abide by those requirements.
As part of the City's efforts to educate all employees about the potential personal and
professional hazards of substance abuse, the City. will provide an annual mandatory
educational prog am.The City will provide a copy of the drug policy to all employees and
include this policy in its orientation to new employees.Supervisors will also be required to
attend a training program to help them recognize, document and handle performance
related issues.Additional information is available through the City's Employee Assistance
Program or by contacting Human Resources.
14
_ a
PERSONNEL POLICIES
No.36.0
PRE-EMPLOYMENT DRUG TESTING
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 preemployment drug
screen.Finalists for City jobs must successfully pass the drug screen test as a final
condition of the job offer.The confirmed presence of any illegal drug in a urine sample
will be cause for disqualifying an applicant. If an applicant is taking prescription
medication,this must be substantiated by a physician's report or SiBtement —the Iepo t
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.
i
i
H
H
a�
y
15
a
PERSONNEL POLICIES
No.37.0
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 Heads may 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 Department Head
• The employee's Supervisor
• Federal, State, and other agency representatives that have lawful access to
the records
• Legal counsel employed by the City
i
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.
i
An employee may place pertinent and appropriate information in their personnel file with
y the approval of the Human Resources Director.
® 1�
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 ,tatus with the City
• Verification of the employee's starting and ending dates 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.
AM
a
i
H
17
i
PERSONNEL POLICIES
No.38.0
EMPLOYMENT OF RELATIVES:
It is the policy of the City of Tigard that two relatives 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 Ci.y Manager to be a conflict of
interest.
For the purposes of this policy, relatives are defined as being an individuai's spouse,
mother,father, son,daughter, mother-in-law,father-in-law, grandfather,grandmother,
step-son,step-daughter, step-parent,sister, brother,sister-in-law, brother-in-law, uncle,
aunt. niece, nephew, grandchild,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.
i
i
i®
18
PERSOMNE.PCL ICIF_S
No. 39.0
POLITICAL ACTIVITIES OF CITY EMPLOYEES:
® City employees are free to express political views on their own time. Oregon law folds
any City employee,while on the;oh,from sofieffing money,influence, or anything of value
tar 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/her own time(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.
AElk
{
{
{
' PERSONNEL POLICIES
No.40.0
OUTSIDE EMPLOYMENT.
No employee shall accept or retain paid outside employment,whether part-time,
temporary or permanent,without prior written approval of the department director. Each
change in.outside employment shall require separate approval.A leave of absence will
not be granted to accept outside employment.
The department director shall approve outside employment when the employment Is
compatible with their City employment,does not detract from the efficiency of the
employee's City work, and does not conflict with the interest of the City or is not a
discredit to the City.An employee cannot be a contractor or a sub-contractor on City
.
projects,where the work performed is similar to the employee's City job. Extra duty
required by City employment will have preference over 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.
G
o _
N
H
q�
y
20
PERSONNEL POLICIES
No.41.0
EDUCATI ONITRAINING
The City recognizes thk4 value of allowing employees to participate in conferences,
seminars, training,college courses, and meetings that will enhance the employee's
ability to provide a 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.
Expenditures incurred by the employee while participating in these activities will be paid
by the City according to the receipt of properly detailed expense forms and actual
receipts, using the procedures and forms prescribed by the City.Aiiend-ance at uail-1121-1g,
meetings, courses,etc.must be approved in advance by the department director.
General Guidelines
. The term"training"as used in these policies is intended to include conferences,
seminars,workshops or other professional development programs of a similar
nature. The term"college courses"is used to describe coursework taken through an
accredited college, university and/or business or technical school.
. The Education and Training policies are intended to apply only to program-that:
a)enhance the employee's job performance,and
b)serve as a beneficial retention tool in keeping high quality employees
. Training programs, not college courses,are intended for career development
purposes. Supervisors need to be very clear regarding the expectations they may
create regarding such things as future job opportunities with employees when
reimbursing for training that is related to career development.
. Applicable collective bargaining agreements must be consulted for language specific
to training and/or educational reimbursement policies.
i
. The City retains the right to determine the mode of transportation most appropriate
to the type of travel involved.
a
s . Expenses for meals,including tits,will be reimbursed upon presentation of actual
receipts for the expenses incurred.
21
• Expenses for telephone or other communication methods are reimbursable with
department director approval only if they are directly related to City business and are
supported by actual receipts.
• Any expenses for family members or other non-City employees who accompany the
employee on a trip are not reimbursable.
Expenses for tips should be included with the reported associated expenses.Tips
and/or gratuities paid on an individual basis are not reimbursable.
e Expenses for public transportation(taxi, bus, rental car,etc.)are reimbursable if
supported by actual receipts and approval by the department director. If the
employee is using a City vehicle or rental car, necessary parking expenses,toll fees,
etc. are reimbursable as approved by the director and supported by actual receipts,
or documented by the. employee±in racPS where no receint is available.
The Training Plan
All department directors requesting funding for any college course and/or training 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:
a) The requested funding for college courses and training for their department
b) A clear justification for each requested amount
c) An explanation of how these expenditures relate to the employee's career
development plans and/or performance goals
d) A prioritization of these requested expenditures in the event not all requests
are approved
• The Training Plan will be submitted to the City Manager for review and final
approval. Until the Training Plan has been approved by the City Manager, requests
for training and/or college courses will not be authorized.Once the department
Training Plan has been approved,all training and/or college courses approved for
staff participation will follow the plan description.
,
• Supervisors should discuss training and/or college course work goals with the
employee in their regular performance evaluation session and they should be
i specifically detailed in their written evaluation form.
College Courses
s
• The City does not intend to pay for employees to obtain college degrees. Rather, it
will reimburse for individual college courses only.
�I 22
r���=��
a The course must be related to the current job that they employee holds, as
described in their current job classification description.
• Mandatory coursework that is related to the employee's current job shall have
tuition,travel, per diem, hotel,books, mileage and hours worked paid for by the City.
Coursework that is not mandatory but is job related will have only tuition,books and
related materials(to be retained by the City)paid for by the City. Non-mandatory
coursework that is not job related shall have none of the above paid for by the City.
• In those instances where the City reimburses for some or all of the expenses,
employees must document satisfactory completion of the course.
• 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. Departmeni directors need to explore less costly college
courses available at other institutions before finalizing their Training Plans.
• To be eligible for reimbursement of non-mandatory courses that are job related as
described above,employees must also 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 this course,they will not be
reimbursed.
• 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 paid for by the City removed from their final
paycheck, should they fail to comply with the reimbursement guidelines.
• The following reimbursement guidelines shall be enforced when an employee
separates from the City service for any reason except involuntary dismissal:
a)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
j b)between one and two years after the completion date of the class, 50%of the
a amount of reimbursement will be deducted from the employee's final paycheck.
i c)Department directors are responsible for monitoring these reimbursement
i requirements.
Training
The following guidelines apply to Training reimbursement:
• Department riirectors need to evaluate the value of the proposed training and
whether that is the best way to acquire the information for the City.
23
• All training must be tied to the department's Training Plan.
• The City will pay for all expenses related to mandatory training programs as follows:
Mileage—per IRS
Travel expenses—all expenses.Airport shuttles,taxi's and parking fees will be
paid as determined by the Director.
Food—reasonable expenses paid based
Hotel—reasonable expenses
• Employees may not accrue frequent flyer miles for personal use
Employees are encouraged to use a City vehicle when attending training programs.
If an employee uses his/her own car,they must possess automobile insurance, and
provide proof to the department director. i
• Travel tame will be handled according to applicable collective bargaining agreements
and/or City policy, state,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.
• Participants must complete an evaluation summary form regarding the training
program available from Human Resources after attendance at training.This form will
be placed in the employee's personnel file.
• The department director may authorize the payment of expenses for voluntary
training as the deem appropriate providing the training is beneficial to the
department and/or City operations.
All arrangements for training will be made in the most cost and time efficient manner
as possible.
• Only expenses for the employee will be paid for
No reimbursement will be provided for alcoholic beverages
• All books and materials paid for by the City of Tigard will become the property of
L4 the City
Dues and Memberships
5
Payment for all or a portion of dues and memberships in professional organizations
will be dependant on the employee's position,assignments, and the benefit to the
department and the City, as determined by the department director.
24
PERSONNEL POLICIES
No.42.0
TRAVEL_AUTHORIZATION AND REIMBURSEMENT:
Reimbursement for expenses involved with employee travel on City related business
activities shall follow the following general guidelines.Additional information on
EDUCATION and TRAINING reimbursement is detailed in that article of the personnel
poiici as.
• The City retains the right to determine the mode of transportation most appropriate
to he type of travel involved.
r Travel requests must be pre-approved b the department director
q K� Fop 'r r—._.._.._
•
Expenses for public transportation (taxi,bus, rental car,etc.)are reimbursable if
supported by actual receipts and approval by the department director. If the
employee is using a City vehicle or rental car, necessary parking expenses, toll fees,
etc. are reimbursable as approved by the director and supported by actual receipts,
or docume�ited by the employee in cases where no receipt is available.
• Hotel and motel accommodations should be appropriate to the purpose of the trip.
Expenses for lodging must be supported by actual receipts in order to be
reimbursed.
• Expenses for meals, including tips,will be reimbursed upon presentation of actual
receipts for the expenses incurred. Tips and/or gratuities paid on an individual basis
are not reimbursable.
• Expenses for telephone or other communication methods are reimbursable with
department director approval only if they are directly related to City business and are
supported by actual receipts.
• Any expenses for family members or other non-City employees who accompany the
employee on a trip are not reimbursable.
i Any expenditures for alcoholic beverages are not reimbursable.
i
a
a
25
PERSONNEL POLICIES
No.43.0
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 priviiege to do so during off duty hours and in a manner which does not
intc core:wish their::orie. T'he City Mar+�ger 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.
i
i
i
i
i
26
PERSONNEL POLICIES
No.44.0
WRITTEN DEPARTMENTAL RULES AND STANDARD OPERATING PROCEDURES
Each department director may establish such written rules and standard operating
procedures as may be deemed necessary for the efficient and orderly administration of
their department. Such rules and procedures may be in the format and detail as
determined by the 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 responsibiiiy 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.
7
i
i
i
a
d
27
PERSONNEL POLICIES
No.45.0
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 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. The City follows the standards and practices set by the
c)rennn Government Standards and Practices Commission.
TeleohonesNoice 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 ether
matters which can only be accomplished during"regular"work hours. The City believes
it less disruptive to permit employees to make such personal calls at their workstatizn
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
n 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.
28
Cellular Telephones
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.
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
direct[v 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
erriergency. Ernploye. .,M not be required to.e.;,I._ o ro ty tethhc :le.
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.
Computers Intemet/E-mail
Employees may not generally use computers owned by the City for personal purposes.
However,there are some instances in which the City believes the use of computers for
personal purposes would 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 with the City, or term papers for a City-
sponsored class.
Employees cannot use computers and the Internet for personal purposes that could
potentially result in a personal financial gain.Law specifically prohibits use of City-
owned equipment to avoid financial expense or for personal financial gain.
7
29
The personal use of City computers and the Internet is permitted during lunch period, 1
hour before the normal work hours, 1 hour after the normal work hours,and the time
between the end of an employee's"workshift"and the beginning of an evening meeting
that the City requires the employee to attend. No personal use of computers or the
Internet shall be 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 approved by
the employee's supervisor.
The City has equipped their computers 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 subject to the same considerations as the use of the computer itself.If an
employee uses Intemet access through the City's equipment in order to avoid the
financial expenses of subscribing to an Internet service as a personal expense,it is a
violation of the law.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 access io a her��is a��ususe
of City property.
Electronic mail(e-mail)is a communication tool provided to City employees to assist
them in the performance of their job duties.E-mail is transported and processed via the
Internet,so sending and receiving e-mail is considered a type of Internet usage.An
employee who uses the e-mail system for personal or improper reasons bears any
responsibility that might arise from that usage.
The City's e-mail system should not be used to produce a document that, using good
judgment,would not be produced using any other form of office communication. Use of
the City's e-mail system for commercial purposes or illegal activities is prohibited
including the sending of"classified ad"types of information.
I
i
i
7
H
30
PERSONNEL POLICIES I
No.46.0
NEW EMPLOYEE ORIENTATION
The Human Resources Director or other designated staff member in Human Resources
shall conduct a"new hire"orientation meeting with all 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 Verificatio.of Employment(1-9;and V"1-4 o=.s. 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.
H
H
a
H
7
® JI
PERSONNEL POLICIES
No.47.0
VOLUNTARY RESIGNATIONS:
To voluntarily resign or retire in good standing,an employee must submit a written letter
of resignation or letter stating intent to retire to their supervisor a minimum of ten(10)
working days prior to the effective date of resignation or retirement; unless covered by
an employment agreement in which case the provisions of such agreement shall
prevail. Failure to submit a timely written resignation or notice of intent to retire may be
cause to exclude the individual from future employment opportunities with the City.A
resignation may be accepted immediately upon receipt when the notice requirement is
,,,Ye._+by tho ejc nartment director.
Upon receipt of the written letter of resignatio;i or notice,the supervisor shalt prepare
and obtain the employee's signature on a Personnel Action form and forward that foni-)
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 filed. 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
consecutive work days may be considered by the City to have abandoned their position
and resigned from the City service.
N
1
32
PERSONNEL POLICIES
No.48.0
PERFORMANCE.REVIEWS:
Employee performance reviews are an essential tool in the communication process
between the employee and their immediate supervisor. T'ne goal of the employee
performance review 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, arid identify and correct improper
behavior or activity and/or substandard work performance.
Performance reviews are to be completed on the form prescribed by Human
Resources. It shall be the responsibility of the supervisor to ensure that performance
reviews are completed appropriately and by the scheduled due date. The original
performance review 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 review 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/review and will
receive a performance review 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 review, the employee shall receive a merit
increase. Thereafter, regular performance reviews will occur annually on the
employee's merit review date. Contingent on continued satisfactory performance, an
employee shall receive a merit increase in conjunction with the performance review until
the employee reaches the maximum salary in his/her salary range.
Nothing in this section shall prohibit the supervisor from conducting more frequent
I performance or progress reviews. A supervisor may initiate a special
performance/progress review whenever a special review is deemed necessary.
i
a All performance reviews, accompanied by a personnel action form,shall be submitted
to Human Resources. The personnel action form is required whether or not a merit
increase is granted.
33
An employee on leave without pay will have his/her merit review date adjusted to reflect
the unpaid time. This adjustment will not apply to those on unpaid military leave whose
me^t review date wi'I not be changed to reflect time off without pay.
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. Per'iormanee revlews a.c not subject to appeal or the complaint process.
i
i
34
PERSONNEL POLICIES
No.49.0
PAY DATES AND PAYROLL ADVANCES
The established pay cycle for the City is biweekly(every other Thursday).When the
regular payday is a ho!daY. paychecks shaii be issued an the previous business day.
Employees may elect to have their paychecks directly deposited to one or more
financial institutions. This option is administered through the Payroll Division of the
Finance Department.
Emercencv Advance Paychecks:
In extraordinary circumstances an employee may receive an emergency advance on
wages earned. An employee needing an emergency advance on wages shall request
such advance in tofriting to his/her supervisor stating the reason for the emergency
request. The emergency advance is limited to twenty-five percent(25%)of the net pay
for hours worked during the pay period, and is limited to one in a six month period.
Approval is at the sole discretion of the department director. AMk
Early Paychecks:
If an employee who is not participating in 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 advance is requested,and
if the request is granted, the advance check will be issued with the payroll check for the
pay period prior to the payday on which the employee will be on leave. Advance
paychecks arz limited to one in a six month period.
Approval is at the sole discretion of the department director.
The six month period limitation for each type is defined as July 1 st to December 31 st
and January 1st through June 30th.
i
35
PERSONNEL POLICIES
No. 50.0
TEMPORARY EMPLOYEES/INTERN EMPLOYMENT/CONTRACTED SERVICES:
Temoorary Emolovees:
Temporary employees may be hired to perform temporary or seasonal work whose
anticipated duration is less than 1,040 hours in a year. Employment may be terminated
at the sole discretion of the department director 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,or holiday pay. A temporary
employee may apply for regular City positions as an internal candidate. Temporary
employees are covered by the City's liability and workers compensation insurance, and
® may be eligible for unemployment compensation upon�tel inin ation pursuant to!_.N.
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. When a department utilizes the services of a temporary
AHL service agency neither a written offer of employment nor a Personnel Action form is
required. Temporary employees, including agency personnel, are required to pass a
pre-employment drug screen and may be subject to verification of applicable motor
vehicle 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.
Intern Employment:
The City may place, or contract with other agencies to place, student interns on projects
of limited duration with the City.An intern is usually a full or part time student at an
accredited college or university whose work with the City is within their course of study.
Guidelines for the employment of student intams are as follows:
N
e Interns shall be required to pass a pre-employment drug screen prior to
appointment;
a
36
• If applicable to the duties of the position, a student intern may be required to
possess a valid driver's license and to show proof of an acceptable driving record
prior to appointment;
• Student interns receive no benefits,and are not eligible for vacation, sick leave or
holiday pay;
• Interns may be paid at the rate specified by the educational institution through which
they were hired, or, if there is no rate specified,the department may determine an
appropriate wage;
Student interns shall be covered by the City's general liability and worker's
compensation insurance coverage, but shall nct receive nor accrue any other
benefits generally received by regular employees.
-Contracted Services:
The City may utilize the services of an independent contractor to meet short term non-
recurrent or special project needs. It shall be the department director's responsibility to
ensure that the contractor meets all of the criteria under ORS 670.600 which defines
the standards for an independent contractor(versus an employee)and possesses all
applicable certificates of insurance.
ORS 670.600 provides the following standards in order for a business entity providing
labor or services to be considered an independent contractor.They must be:
free from direction and control over the way the work is done except insofar as the
employer accepts or rejects the results of the work;
• responsible for obtaining all applicable business registrations or licenses;
• furnish the necessary tools or equipment;
+ • determine his or her own work hours;
N
• have the authority to hire and fire other employees to perform the labor or services;
5
37
• receive payment upon completion of the perfo.-mance or an annual or periodic
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,
• pays federal or state income taxes in the name of the business,or a Schedule C on
a personal tax return.
Departments may not enter into contracts to provide labor or services with individuals
who do not qualify as independent contractors under the law.
38
PERSONNEL POLICIES
No. 51.0
CLASSIFICATION PLAN:
Preparation
The purpose of the classification plan is to provide a complete systematic and
continuous 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 titles,a statement of the
duties and responsibilities involved,supervision exercised and received, and the
minimum qualifications required for applicants to the position.Any "working title"
desired may be used when authorized by the department director, however the
unofficial job titles will have no bearing on the official designated classification title of
any position or employee.
Maintenance of the Plan
The Human Resources Director shall be responsible for the administration and
maintenance of the classification plan. Human Resources shall also periodically review
the classification of positions,and audit their duties and responsibilities, making
changes as necessary to keep the plan up to date. The Human Resources Director,
with recommendations from department directors,will allocate positions to the
appropriate classification and may make revisions in the classification plan including the
addition of new classes, combination and/or revision of existing classes, and deletion of
obsolete classes.
Class Descriptions
i
i
Class descriptions are written statements of each class included in the classification
pian. Descriptions include a class title,a statement describing the purpose and
i 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.
39
Specifications are descriptive and not restrictive and do not prescribe each and every
specific duty of any position, nor do they limit the authority of management in assigning
work. A class specification shall be liberally construed as a general description of the
work characteristics of similar positions property 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 classification plan. Particular
phrases or examples shall not be isolated and treated as a full definition of the class.
Nothing in the class specification is to be interpreted as restricting a supervisor from
assigning an employee of one class to perform some of the duties of a higher class or
lower class for a limited period of time.
Allocation of Positions
Each position shall be allocated to one of the classes of the approved classification
plan. In determining the class to which any position is allocated,the specification
describing each class small be considered as a whole, comparing general duties,
responsibilities, minimum qualifications and relationships to other positions in order to
obtain an inclusive picture of the position and placement into an appropriate class.The
Human Resources Department shall analyze the position and assign it to the
appropriate class within the Classification Plan.A new class specification shall be
prepared to cover each additional position which is created and for which the
classification plan does not provide a satisfactory class description. Employees shall be
notified of the allocation of their position,and the class title as it appears on the class
specification shall be used to designate the position on official records and payroll.
Reclassification
A reclassification may occur when job content changes substantially, requiring the
position to be assigned to a different classification and/or pay range. Managers and
supervisors are responsible for ensuring that the duties assigned to employee are
consistent with their classification and reasonably fit within the overall concept of that
class. Managers and supervisors are also responsible for making timely requests for
classification reviews when there is a question regarding the classification allocation of
a position or positions.
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
7 Human Resources, preferably prior to the change in assigned duties and
responsibilities. An emplow—i may also initiate a request to their supervisor for a
reclassifcation review. Reclassification will not be used to: a)avoid restrictions
ANIL
40
concerning demotions and promotions, or b)make is change in salary in the absence of
a significant change in assigned duties and responsibilities. The request must be in
writing and must include all requested supporting documentation required for a
decision to be made. The Human Resources Director may initiate a classification review
at any time. The effective date of the reclassification action sh311 be the date the written
request for reclassification and all required supporting documentation is filed with
Human Resources. Managers may assign duties that rc -anably fit within the overall,
broad concept of the classification.A manager may also assign duties outside the
broad parameters of a classification in cases of a bona fide emergency affecting the
health,safety and welfare of the community for a specific duration to deal with that
emergency,or in temporary"working out of class"situations.
An employee occupying a position that has been reclassified may be retained in the
position provided t'.. . --s Recourses certifies that the incumbent possesses the
minimum qualifications of time new class, and b)the incumbent has been performing the
duties.-of the thigher 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 ANIL
separated from employment if no other suitable,vacant position exists.
d
c
H
-I
A 7
ro�Mu
0 PERSONNEL POLICIES
No.52.0
COMPENSATION:
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 f
necessary and equitable. Flat rates may be used instead of salary ranges where If
appropriate. Each 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.
Development and Adoption
Compensation rates for City classifications shall be set in accordance with the City
compensation policies, subject to collective bargaining where applicable. Compensation
policies shall be administered in a fair and consistent manner.
Adjustments to assigned ranges for individual classifications, and presentation to
Council of new classifications and ranges,shall generally be done in conjunction with
the annual budgetary process, except where the Human Resources Director
determines that:
i
° . a substantial change in the duties and responsibilities of the classification
necessitates a salary adjustment,or;
. an inordinate amount of turnover within the classification is attributed to an
inadequate salary level,thereby necessitating an immediate salary review: or
a
a
difficulty in recruitment of qualified candidates for a classification is attributed to an
inadequate salary level,thereby necessitating an immediate sal ^;adjustment.
42
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 steps of the classification
range as provided below,or within the collective bargaining agreement. Eligibility for
advancement through the salary range will be delayed by layoffs or certain unpaid
leaves of absence.
Beginning Salary
Normally an employee will be appointed at the first step of the range established for the
classification.Appointments at higher steps will be presented in writing to the City
Manager for final approval.The factors to be reviewed in approving appointment
beyond the first step may include the availability of 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 provided in union
4 _ontracts. Wien an employee reaches the final step or maximum rate of the salary
range no more merit increase salary adjustments will occur.
0
Promotions
H
-1
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
5 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
43
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 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 set at not higher than ten percent(10%)over the top step in the salary range
of the lower classification and designated by "red circle"rating.The application of any
of these options shall not result in an employee receiving a higher salary.These options
sndu aw`c3 apply to u'cmwiiuri3 in iiei.i of layoff. 1 1 lc guy Manayei iia3 the eiitnGriiy to
grant approval of"red circle"ratings where the salary is to exceed the lower range.An
employee's merit date shall remain the same when a demotion occurs.
Temporary Employees
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.
Salary Rance Changes
When the zalary 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.
Classification Transfer
1
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 requirad
i to serve a probationary period in the classification if he/she has not previously served a
a
probationary period in the classification.The employee will retain the same merit date.
Reclassification
3
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
44
_ y
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
salary may be decreased if the:Mary is higher than the highest step&the new salary
range or the salary may be frozen until the new range reaches the employee's present
pay level. Employees will not be requ.red 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.
Working Out Of Classification
Except for on the job training purposes,whenever an employee is required to perform
any substantial portion of duties relative to tasks assigned in a higher level of
classification above that in which the employee is normally classified for more than a
total of fifteen (15) consecutive or nonconsecutive days(eight(8)hours or any portion
thereof) the employee shall be paid for such work at the rate of ten percent 10%above
their current salary or tre first step of the assigned higher classification work,whichever
is greater, not to exceed the maximum step of the higher salary range.Working out of
classification must be approved in advance by the department director.
Supervisory Pay
Whenever an employee is temporarily assigned the added responsibility for supervision
of a work unit beyond their regular duties but they are not performing a substantial
portion of the duties of a higher supervisory class,the department director shall pay that
employee an additional rate of five percent(5%) added to the employee's regular
wage for the period the employee is given the added supervisory responsibilities.
JurvNVitness Pay
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%vork for the remainder or their normal shift if jury duty does
i not exceed the work day, or to make arrangements with their supervisor for approval of
the use of accrued leave.
a
45
PERSONNEL_POLICIES
No.53.0
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 or mental or physical disability. It is the policy of the City of
Tigard to not accept, retain, or respond to unsolicited resumes or applications.
Job Announcements
Recruitment announcements shall be posted by position in Human Resources and in
each City facility for the length of the application 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(5)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.
Applications
Human Resources will prescribe the application form(s)to be used for each
recruitment that fairly test and determine the qualifications,fitness and ability of a
candidate to perform the duties of the class for which they seek appointment. In order
to be considered for a position, an application must be completed and signed, or a
resume submitted and filed by the stated deadline date.
Applicants must generally be at least 18 years of age.Applicants under 18 years of age
must obtain a work permit from the Oregon State Bureau of Labor.Applicants who are
not citizens of the United States must be of a status that allows them to work in the
United States.
All applicants will be asked to voluntarily complete a form providing information
regarding ethnic background, date of birth,sex,etc.The form shall state that the
information is voluntary and will 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 except in the case of extraordinary circumstances
as determined by the Human Resources Director.
When it is determined approp ate by the Human Resources Director, application
materials received for one vacancy may be considered for a subsequent vacancy in the I
same job classification. loft
Selection
The Human Resources Director, with the advice and participation of the hiring director,
will determine the selection procedures to be used to obtain the candidates who best
match the requirements of the position.Tests or selection mechanisms may include but
are not limited to performance tests,experience and education ratings, oral
examinations, demonstrations of skill and tests of physical fitness and written
examinations.
If the duties of the position require it,final candidates may be scheduled for a pre-
employment medical or psychological evaluation with a licensed physician or
psychologist selected by the City. Current employees being considered for transfer or
promotion may be required to update health or other background information or to
submit to a physical or psychological examination. If the physician or psychologfst,
based on standards established by the City, deems any candidate to be unable or unfit
to perform the duties required of the position,they shall file a report stating the reasons
for making such a determinations and the reasons for their rejection of the candidate.
iThe City Manager shall make all anal decisions regarding the reports filed by the
AM
47
physician and/or psychologist.These reports may be held in confidence by the City.
Any physical or psychological pre-employment examinations required of the candidates
shall be paid for by the City.Any candidate who refuses to submit to a required
ex-amination -11 be feiected from consideration for emp!:symen: -- ins ,
promotion,as applicable.
A personal background investigation may be completed prior to consideration for
employment in, or transfer or promotion to some positions.AddMonaiiy,some positions
may require that the candidate be fingerprinted and/or photographed prior to
appointment to the position.Any candidate who refuses such an investigation and/or
fingerprintiphotograph process shall be rejected from consideration for employm=nt,
transfer,or promotion, as applicable.
Disqualification of_Aioplicants
The Human Resources Director may disqualify an applicant from the selection process,
refuse an applicant the opportunity to take an examination, and remove his/her name
from a hiring list for reasons including, but not limited to:
• Failure to meet the standard published requirements for the class for which
application is made
• Failure to furnish true statements of material facts
• Practice or attempted practice of fraud or deception in connection with filing of an
application
• Failure of an applicant, after notification, to be promptly present at the time and
place designated for any portion of an examination
• The applicant has used,or attempted to use,political pressure or bribery to secure
an advantage in testing or appointment
• The applicant has been convicted of a crime directly related to the requirements and
performance of the position
H
The applicant is a previous City employee who was terminated from City service or
who resigned or retired in a manner in violation of City policy
• The applicant has refused to submit to required screening or examination
requirements for the position
48
• The applicant is unfit or unable to perform the duties of the position based upon
standards established by the City
• The applicant has otherwise violated policy, procedures, rules or regulations relating
to the application process
• The applicant has failed to respond to an employment offer made by the City
Offers of Employment
When a final selection has been made for the vacancy to be filled,the hiring
department director of-super! °zor shall issue a written conditional offer of employment
to the chosen candidate.Such offer shall state the position being ofe red,salary,
mrtlng da and a 01"G.-.. n. .. _ ni..� nln n* 1...�ri.�:F:.. thu-ff -8-11 nr•tifai
the candidate that employment is contingent upon passing a pre employment drug
screen and,where appropriate,a pre-employment physical and/or psychological
examination. The candidate shall also be advised that a written acceptance of the
nditional Job offer is required.within ter f1 r1---len lar days of the reCFeint of thg nffgr,
7
i
i
i
i
i
49
PERSONNEL POLICIES
No.54.0
JOB SHARING:
A budgeted position may be shared by more than one individual if,in the City's
judgment,the 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 arrangennent include, but
are not limited to those outlined below:
• whether the arrangement hampers or assists departmental or City operations;
• 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 following guidelines shall apply:
a •
Job sharing will only be granted when it is consistent with City needs and where the
department has demonstrated that the functions of the shared position can
effectively be performed by two(2) persons;
i
i
• The position to be shared must be an adopted and budgeted full time position;
® All job sharing requests must be submitted under the signature of the department
director and approved by the City Manager;
50
Aftk
• 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;
• 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 within
the pay range as long as the adopted budget for theposition is not exceeded.
'3ys 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,
• The City reserves the right to discontinue a job share position for any reason at any
time;
• No job share arrangement will be allowed for positions represented by a collective
bargaining agreement unless specifically provided for in such agreement.
Job share arrangements may be initiated by the supervisor or department director when
the position to be shared is vacant,or by a regular full time employee filling a full time
pcsition who wishes to enter into a job sharing arrangement. This option is not
available to temporary or probationary employees. If initiated by the employee,the
request must be made in writing to the supervisor who must then obtain the approval of
the department director, Human Resources Director and the City Manager. If an
employee in a job share position requests to v,-k full time and the position is not filled
by two employees when the request is made,the position may be reallocated as full
time and the employee may be granted the right to fill the full time position. If the job
share position is filled by two employees,the employee requesting to work full time may
apply for other City positions for which he/she is qualified. In no case will the second
employee filling a job share position be laid off or terminated solely in order to
accommodate the other employee's request to convert the position to full time.
a
H
H
51
:Il
PERSONNEL POLICIES
No. 55.0
FAMILY AND MEDICAL LEAVES OF ABSENCE POLICY
This policy is established to comply with both the Oregon and Federal Family and Medical
Leave Act which entitie eligible employees to 12 weeks of job-protected Dave every 12
months for family and medical reasons. The intent of this policy and the law is to allow
City employees to balance their work and family life by taking reasonable, unpaid leave of
absences for the rea,ons specified in these ruies and regulations.
The City's family medical leave policy combines benefits required by the federal Family
and Medical Leave Act(FMLA)and state law.
EMPLOYEE ELIGIBILITY
An employee must have been employed by the City for at feast 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, 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 parent-in-law is only required by state law. (This type of
leave may be referred to as"Serious Health Condition Leave.")
C 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").
7
a . 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 csrE (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
s•
IIE� 52
not approve the employee's request for leave when another family member is
available to care for the child.
DURATION OF.LEAVE
• Twelve workweeks during a rolling 12 month period computed forward from the date
the employee first uses FMLA leave.
• 'faking 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 2 nonconsecutive leaves are
taken within the 12 month period,the employee must receive prior authorization from
the City Manager or Human Resources Director.
• Employees who take parental leave are also entitled to an additional 12 weeks of
family leave to care for a sick child.
• 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 allcwed 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),
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.
CITY'S RESPONSIBILITIES
If the City (specifically the employee's supervisor,Human Resources,or any other
management employee)acquires knowledge that an employee may need to take
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.
53
• Human Resources will furnish the employee with a copy of this policy, a leave request
form,and 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 a 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 FIVILA if the
® eligibility standards are evident. Such a designation will be based o..info ion
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 FMLA 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.
SUPERVISOR'S RESPONSIBILITIES
• When a supervisor becomes aware of a pending leave of absence which might qu",a,y
for FMLA leave,the supervisor will provide the employee with a brief summary of their
FMLA rights and advise the employee to contact Human Resources for more details.
The supervisor should advise Human 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 Head, City
Manager, Human Resource Director). It is the supervisor's responsibility to assure
that all necessary signatures are acquired and that the signed leave request form is
submitted to Human Resources within 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 supervisor's desk. It is also important to remember that the
supervisor must protect the confidentiality of the employee. Information should be
y shared only on"as need to know"basis and no specifics should be shared with the
employee's co-workers.
tiThe supervisor is required to process a Personnel Action form with all the appropriate
signatures for the employee's leave of absence.
54
• The supervisor should make arrangements with the employee for the completion and
submittal of timesheets. Timesheets need to be processed by standard Payroll
procedures.
m • The supervisor should make every effort to maintain ongoing communication with the
employee during his/her 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 io the job.
EMPLOYEE'S RESPONSIBILITIES
• The employee should notify their supervisor of any pending leave of absenrp and
contact Human Resources for additional details of their FMLA rights.
• The employee is required to submit a completed City of Tigard"Family and Medical
Leave of Absence Request"form to their supervisor within the following timeframes:
- 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.
- When leave is unexpected,verbal notice must be provided to the supervisor or
Human Resources within 24 hours ofthe leave commencement plus written notice
must be forwarded to Human Resources within 3 days after returning to work.
- 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 CERTIFICATION
• 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
�— Ia11111AIICaJ uy U+c lA ay.
• 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 FMLA leave,the
leave will be retracted. In this situation,employee's may be placed on unapproved
leave of absence and the time originally counted toward their 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.
• 1n the case of the employee's own serious illness,a medical release form will be
reouired before returning to work.
• If an employee has used leave to care for a sick child on three occurrences in the past
12 months,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.
® 56
USE OF PAID LEAVE TIME
• The City requires the substitution of accumulated sick leave prior to or during the
duration of FMLA leave unless the leave is running concurrent with Worker's
Compensation leave and the employee is receiving time loss benefits.
• After sick leave has been exhausted,employees are required to use any other
accumulated paid time(i.e.,vacation,compensatory time, management leave,floating
holiday,etc.)during their leave of absence before being placed on unpaid leave
status.
• Employees are required to notify their supervisor of the order in which accumulated
paid time(after sick leave has been a h.-usted)is to be used during use period of time
they are on FMLA leave. C
BENEFIT CONTINUAMON i
• 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 FI41LA leave(other than as
1 a result of their serious health condition),the City has the right to recoup any health
insurance costs spent in their behalf.
1 • If the employee does not return to work after the allotted 12 weeks(either by choice or
Q inability),they will be eiigible for continuation of health benefits through COBRA
provided the employee does not have other health coverage.
REINSTATEMENT
7
� The City will make every effort to reinst:''e the emplo,_:_in*heir 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,
57
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
terns of the agreement.
I
i
i
®
58
PERSONNEL POLICIES
iNo. 56.0
i
INCLEMENT WEATHER
The City Manager may use his discretion in deciding whethsr 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 Citv's policy is that emolovees will only be paid for hours worked.
Employees who are authorized to report to work late or are authorized to leave early
because of exiremeiy hazardous weaiher conditiei.+a s aii use aacia uad law c. .c.:C
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 re!Tased 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.
I If City Hall and/or other City facilities are closed effective the beginning of the work day,
s
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 forwork due to the nature of their job and/or its
relationship to the emergency situation(i.e.police, public works,etc.)
i
3
59
Resolution No.00-08 was adopted without Personnel Policies 57.0 and 53.0 (Pages 60
&61). These sections were removed for further council discussion/consideration.
Catherine Wheatley,City Recorder
3/15/00
1
v
PERSONNEL POLICIES
No. 59.0
DEFENSE ARID INDEMNIFICATION OF CITY OFFICIALS
This policy refers to the defense and indemnification of City officials in proceedings not
subject to the Oregon Tort Claims Act(OTCA),and defense of claims brought pursuant
to QRS Chapter 244(Government Standards and Practices).
Public Purpose for Policy
® It Is In the 1---
b!in irite-rest of the City of Tigard that Tiaard's officers and employees be
r
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
employee's"include: City elected officers,members of the City's official advisory
boards,cornmittees 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, rile 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 Defense and Indemnification of Crime Punishable by 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:
a: The offense charged is based solely on the alleged negligence of the officer
i or employee, and the officer or employee was not malfeasant in office nor
willfully or wantonly neglectful of official duty; and/or,
b. It appears that the allegedly criminal act or omission was done or omitted as a
_ 62
conscious and good faith choice between evils in sponse to an emergency,
or as a conscious and god 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,
c. 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.
Defense and Indemnification Conditional
Anv commitment of Citv 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 person's 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 even 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 Defense and Indemnification
i
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.
a Defense of ORS Chapter 244 Claims
a
In the event a claim is made against any officer or employee pursuant to ORS Chapter
63
744(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.
AOL
i
i
7
64
r
i
® PERSONNEL POLICIES
No.60.0
PERSONALPROPERTY
The City will not reimburse an employee for the loss or damage of personal property
brought to the work site by the employee. Employees will be provided appropriate tools
and equipment,as determined by their supervisor, to perfbrm the duties of heir job.
Employees who choose to bring personal property and equipment into the workplace
do so at their own risk. Precautions should be taken with all tools and equipment to
place them in a secure location.
Employees should report the loss of parsonal items to the.Police Department.
AMMIL
65
PERSUtiNEL POLICIES
No. 61.0
REPORTING OF VEHICULAR AND/OR OCCUPATIONAL ACCIDENTS
Whenever a vehicular accident occurs involving a City owned vehicle or a personal
vehicle, if the employee is using the vehicle while on City business,the accident must
be reported immediately to the employee's supervisor,and,if within the City limits,to
tt.4�:Tigard Police Department.
Further information and procedures related to this policy are contained in the City of
Ttgard's Risk Management manual.
i
a
i
i
r
S
66
PERSONNEL POLICIES
No.62.0
HAZARD 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 public,the City
of Tigard maintains a written Hazard Communication Program which complies with all
applicable codes and standards.
It shall be the responsibility of the Risk Management Division to maintain and update
this Program,and of managers,supervisors and employees to comply with its
provisions.
Further information ani nrncFrfigas rMvi d to tris policy are—,-i mi-4;n++,e 1`7+.._f
Tigard's Risk Management Manual.
I
i
i
i
i
i
3
v7
0 PERSONNEL POLICIES
No.63.0
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 procedure may not be utilized for. 1) disciplinary action 2)
complaints for which the City provides an alternate dispute resolution procedure 3) any
;ratter 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.
AdIlk e A lack of City policy or department policy
e A policy that is unfair
O A deviation from the City's adopted policies _
e A disagreement with another employee or supervisor
e 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
Gthrough consultation with his/her immediate supervisor.This shall be accomplished within
five working days after the occurrence, or within seven world-rig days after the employee
n 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.
:7
a
68
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 the written complaint to the
supervisor. The supervisor shall, within five working days of receipt of the complaint,
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. The complaint must specifically set forth the
reason the supervisor's 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 with the department director, the employee may submit the complaint
within ten working days of receipt of the department director's response in 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 wr en 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 City Manager or department director, 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 tune 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.
5
a
s
69
PERSONNEL POLICIES
No.64.0
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 taker 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, assignme-Its,
_ssig...._.. reins, f rnt-nts, restoration, re-employment, performance evaluations,
mems,
__
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 surnmary of the findings may be requested by the employee
placing the complaint. Any personnel_ actions taken are confidential and will not be
i 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 terns and conditions of the employee's employment
due to reporting an improper governmental action.
--
70
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_
i
i
i
i
i
a
79
® PERSONNEL POLICIES
No.65.0
SAFETY POLICY
The City of Tigard is concerned about the welfare and safety of employees and the
public.The City acknowledges the obligation,as the employer,to provide the safest
possible working conditions for employees, and,as a government service organization,
to provide a safe environment for the public.
In order to ensure the effective implementation of the City of Tigard's Safety Policy,
responsibilities shall be as follows:
The City Manager and department directors accept the responsibility for the
development and maintenance of the safety program,for its effectiveness arsj
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
Milk all operations are preformed in a safe manner,providing adequate training procedures
for operations, and reporting and investigating all incidents immediately.
The employees are responsible for cooperation of all aspects of the safety program,
observing safe working practices, complying with safety directions and procedures,and
reporting all incidents immediately to the supervisor.
The Safety Officer(Risk Management Division) is responsible to coordinate and guide
the overall City Safety Program, 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.
Penalties for Violation of the Safety Policy:
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.
Further information and procedures related to this policy are contained in the City of
Tigard's Risk Management Manual.
72
PERSONNEL POLICIES
No.66.0
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,threats,threatening behavior,or acts of violence off City property
by city empi.7yees will also not be tolerated.
engages ,yent acts on Cc+"
ri y F.+ci vii'viii nBXuu,w c,,, ,y ... ... ........ .�.. ....
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. In the event the investigation discloses prohibited behavior
the City has the right to take any Gteps the City Manager deems necessary.This
response may include, but is not limited to, suspension andlor termination of any
business relationship, reassignment of job duties, suspension of at least one
week or termination of employment,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 occurring,
or a life threatening situation from developing shall supersede any policy,
practice or procedure which may appear to prohibit taking action to avoid the
violence.
All City of Tigard personnel shall notify their supervisor, department head, or the
Human Resources Director of any threats which they have witnessed, received,
or have been told that another person has witnessed or received. Even without
an actual threat,personnel should also report any behavior that might be carried
out on a City of Tigard controlled site,or is connected to City employment. If the
supervisor,department head, or Human Resources Director is not available,
personnel shall report the threat to the City Nlanager's office.All supervisors and
managers are responsible for taking workplace violence issues seriously and
following prevention, policies and procedures as appropriate.
a
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
73
�S
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:
• Hitting or shoving an individual;
Threatening to harm an individual or his/her family,friends, associates,or
their property;
- lntc-n nnal riPstruction or threat of destruction of property owned, operated,or
controlled by the City of Tigard;
• Harassing or threatening telephone calls, letters or other forms of written or
electronic communications;
i 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.
i
j
a
s ,
7_A
PERSONNEL POLICIES
No.67.0
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,cellular telephones,fax machines,copiers,voice mail,e-mail), all
communications and information stored in the City's information systems and electronic
equipment,pa swords,codes and keys to gain access to such.equipunenl, buildings,
motor vehicles, lockers,desks,etc.
The City reserves the right to access ail 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 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 confidentia: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.
N
H
75