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RES 2024-19 HR Policies & Procedures ManualEXHIBIT A HUMAN RESOURCES POLICIES & PROCEDURES MANUAL Council Approved October 14, 2024 Resolution 2024-19 Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 2 of 186 TOWN OF TROPHY CLUB HUMAN RESOURCES POLICIES & PROCEDURES MANUAL The policies and procedures set forth in this Human Resources Policies & Procedures Manual are general guidelines only and none of its provisions are binding or contractual in nature. It is understood that employment with the Town of Trophy Club (Town) is “at-will,” meaning that my employment may be terminated at any time, with or without cause, or without notice, by either the Town or the employee. This Policies & Procedures manual does not guarantee employment for any specific period of time. Either the Town or the employee may end this relationship at any time, with or without cause, notice, or reason. No director, supervisor, or representative other than the Town Manager has the authority to enter into any agreement guaranteeing your employment for any specific period of time or to make any written or oral promises, agreements, or commitments contrary to this policy. Further, any employment agreement entered into by the Town Manager will not be enforceable unless it is in writing and approved by the Town Council. This Human Resources Policies & Procedures Manual replaces and supersedes all other Town personnel practices, policies, and guidelines. I acknowledge receiving the Human Resources Policies & Procedures Manual. I clearly understand that this does not create a contract for employment with the Town, and that the Town may change or modify the policies and procedures found in this manual at any time. I also understand any violations of the policies set forth in this manual are subject to disciplinary action up to and including termination. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 3 of 186 Table of Contents 101.00 HUMAN RESOURCES ADMINISTRATION AUTHORITY ................................ 11 101.01 POLICY/PURPOSE ..................................................................................................................... 11 101.02 THE TOWN.................................................................................................................................. 11 101.03 ADMINISTRATION ...................................................................................................................... 12 101.04 MANAGEMENT AUTHORITY ..................................................................................................... 12 101.05 HUMAN RESOURCES POLICIES & PROCEDURES MANUAL ................................................ 13 102.00 HUMAN RESOURCES RECORDS ................................................................... 15 102.01 POLICY/PURPOSE ..................................................................................................................... 15 102.02 FILE CONTENTS/SECURITY/RETENTION ................................................................................ 15 102.03 FILE ACCESS/RELEASE OF INFORMATION ............................................................................ 15 103.00 CONFIDENTIALITY OF INFORMATION POLICY ............................................ 17 103.01 POLICY ....................................................................................................................................... 17 104.00 HIPAA - LAW ENFORCEMENT GUIDANCE .................................................... 18 104.01 POLICY ....................................................................................................................................... 18 105.00 MEDICAL INFORMATION CONFIDENTIALITY POLICY ................................. 22 105.01 POLICY ....................................................................................................................................... 22 106.00 PURCHASING POLICY .................................................................................... 23 107.00 TRAINING AND TRAVEL ................................................................................. 24 107.01 POLICY/PURPOSE ..................................................................................................................... 24 107.02 TRAINING PROCEDURES ......................................................................................................... 24 107.03 TRAVEL AND LOCAL MEETING EXPENSES ........................................................................... 24 107.04 RECRUITING/RELOCATION EXPENSES ................................................................................. 30 107.05 FORMS/LINKS ............................................................................................................................ 31 108.00 USE OF TOWN PROPERTY AND EQUIPMENT .............................................. 32 108.01 POLICY/PURPOSE ..................................................................................................................... 32 108.02 GENERAL PROVISIONS ............................................................................................................ 32 108.03 LIABILITY FOR LOSS/DAMAGE TO TOWN PROPERTY OR ISSUED EQUIPMENT ............... 33 108.04 VEHICLE USE/OPERATIONS .................................................................................................... 34 108.05 ELECTRONIC COMMUNICATIONS SYSTEMS ......................................................................... 35 108.06 USE OF RADIO CELLULAR PHONES ....................................................................................... 38 108.07 EMPLOYEE IDENTIFICATION/ACCESS CARD PROGRAM PROCEDURES .......................... 38 109.00 COMMUNICATIONS AND NEWS MEDIA RELATIONS ................................... 41 109.01 POLICY/PURPOSE ..................................................................................................................... 41 109.02 GENERAL PROVISIONS ............................................................................................................ 41 109.03 PUBLIC INFORMATION .............................................................................................................. 42 109.04 ADMINISTRATIVE NOTIFICATIONS .......................................................................................... 43 Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 4 of 186 109.05 EMERGENCY/DISASTER RESPONSE...................................................................................... 44 110.00 SOCIAL MEDIA AND SOCIAL NETWORKING ................................................ 45 110.01 POLICY/PURPOSE ..................................................................................................................... 45 110.02 TOWN SOCIAL NETWORKING SITES ...................................................................................... 45 110.03 PERSONAL BLOGGING AND SOCIAL NETWORKING ON WORKING TIME .......................... 47 110.04 AUTHORIZATION ....................................................................................................................... 47 110.05 CONFIDENTIAL AND PROPRIETARY INFORMATION ............................................................. 48 110.06 DISCLAIMER ............................................................................................................................... 48 110.07 RESTRICTION ON VENDORS, SUPPLIERS, CLIENTS, AND CITIZENS ................................. 48 110.08 DISCRIMINATION AND HARASSMENT .................................................................................... 48 110.09 OTHER LAWS ............................................................................................................................. 48 110.10 MEDIA CONTACTS .................................................................................................................... 48 110.11 RIGHT TO MONITOR ................................................................................................................. 49 110.12 REPORTING ............................................................................................................................... 49 110.13 VIOLATIONS OF POLICY ........................................................................................................... 49 110.14 DEFINITIONS .............................................................................................................................. 49 111.00 SOLICITATION/SALES ON TOWN OF TROPHY CLUB PROPERTY ............ 51 111.01 POLICY/PURPOSE ..................................................................................................................... 51 111.02 SALES OR OFFERS OF SALE ON TOWN PROPERTY ............................................................ 51 201.00 STANDARDS OF CONDUCT ........................................................................... 53 201.01 POLICY/PURPOSE ..................................................................................................................... 53 201.02 EXPECTED CONDUCT .............................................................................................................. 53 201.03 PROHIBITED CONDUCT ............................................................................................................ 53 201.04 VIOLATIONS ............................................................................................................................... 54 202.00 ETHICAL CONDUCT ........................................................................................ 55 202.01 POLICY/PURPOSE ..................................................................................................................... 55 202.02 GENERAL PROVISIONS ............................................................................................................ 55 202.03 CONFLICTS OF INTEREST ....................................................................................................... 56 202.04 USE OF POSITION OR INFORMATION ..................................................................................... 57 202.05 GIFTS AND GRATUITIES ........................................................................................................... 58 202.06 HONORARIA AND EXPERT TESTIMONY ................................................................................. 61 202.07 POLITICAL ACTIVITY ................................................................................................................. 61 202.08 REPORTING PROCEDURES ..................................................................................................... 65 203.00 ETHICS HOTLINE ............................................................................................. 66 203.01 SCOPE ........................................................................................................................................ 66 203.02 PURPOSE ................................................................................................................................... 66 Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 5 of 186 203.03 POLICY ....................................................................................................................................... 66 203.04 SAFEGUARDS ............................................................................................................................ 66 203.05 PROCEDURE .............................................................................................................................. 67 203.06 HOW THE REPORT WILL BE HANDLED .................................................................................. 67 204.00 WORKPLACE VIOLENCE ................................................................................ 69 204.01 POLICY/PURPOSE ..................................................................................................................... 69 204.02 PROHIBITED CONDUCT ............................................................................................................ 69 204.03 DEFINITIONS .............................................................................................................................. 69 204.04 REPORTING PROCEDURES ..................................................................................................... 71 204.05 AMERICANS WITH DISABILITIES ACT (“ADA”) IMPLICATIONS .............................................. 71 204.06 FAMILY AND MEDICAL LEAVE ACT (“FMLA”) IMPLICATIONS ................................................ 71 204.07 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION STANDARDS (OSHA) ............. 72 204.08 LINKS .......................................................................................................................................... 72 205.00 HARASSMENT, DISCRIMINATION, AND RETALIATION ............................... 73 205.01 POLICY/PURPOSE ..................................................................................................................... 73 205.02 SEXUAL HARASSMENT ............................................................................................................ 73 205.03 OTHER FORMS OF HARASSMENT .......................................................................................... 75 205.04 DISCRIMINATION ....................................................................................................................... 76 205.05 RETALIATION ............................................................................................................................. 76 205.06 REPORTING ............................................................................................................................... 76 205.07 COMPLAINT PROCEDURE ........................................................................................................ 77 206.00 DRUGS AND ALCOHOL IN THE WORKPLACE ............................................. 78 206.01 POLICY/PURPOSE ..................................................................................................................... 78 206.02 APPLICATION OF POLICY ......................................................................................................... 78 206.03 USE OF ALCOHOL IN THE WORK PLACE ............................................................................... 78 206.04 USE OF DRUGS IN THE WORK PLACE ................................................................................... 78 206.05 PRE-EMPLOYMENT SCREENING ............................................................................................ 78 206.06 REASONABLE SUSPICION TESTING ....................................................................................... 79 206.07 POST-ACCIDENT TESTING ....................................................................................................... 80 206.08 RANDOM TESTING .................................................................................................................... 81 206.09 PERIODIC/OTHER TESTING ..................................................................................................... 83 206.10 CONDUCTING DRUG AND ALCOHOL TESTS ......................................................................... 84 206.11 TEST RESULTS .......................................................................................................................... 85 206.12 SELF-DECLARATION AS A SUBSTANCE ABUSER ................................................................. 86 206.13 DRUG OR ALCOHOL CONVICTIONS........................................................................................ 86 206.14 EMPLOYEE ASSISTANCE ......................................................................................................... 86 Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 6 of 186 206.15 FOLLOW-UP TESTING OF KNOWN SUBSTANCE ABUSER ................................................... 87 206.16 DISCLOSURE OF PRESCRIPTION OR OVER-THE-COUNTER DRUG USE TO IMMEDIATE SUPERVISOR ......................................................................................................................................... 87 206.17 EMPLOYEES ON DESIGNATED STAND-BY STATUS OR SUBJECT TO CALL BACK ........... 87 206.18 OFF-DUTY CONDUCT ............................................................................................................... 88 206.19 SEARCHES ................................................................................................................................. 88 206.20 FORMS ........................................................................................................................................ 88 207.00 SMOKE AND TOBACCO FREE WORKPLACE ............................................... 89 207.01 POLICY/PURPOSE ..................................................................................................................... 89 208.00 DRESS CODE ................................................................................................... 90 208.01 POLICY/PURPOSE ..................................................................................................................... 90 208.02 GENERAL PROVISIONS ............................................................................................................ 90 208.03 DEPARTMENTAL PROCEDURES ............................................................................................. 90 208.04 APPLICATION ............................................................................................................................. 91 208.05 GUIDELINES FOR ACCEPTABLE ATTIRE ................................................................................ 91 208.06 GUIDELINES FOR UNACCEPTABLE ATTIRE .......................................................................... 92 301.00 HIRING AND SELECTION ................................................................................ 95 301.01 POLICY/PURPOSE ..................................................................................................................... 95 301.02 APPLICATION PROCESS .......................................................................................................... 95 301.03 POSTING .................................................................................................................................... 95 301.04 SELECTION ................................................................................................................................ 96 301.05 RE-EMPLOYMENT ..................................................................................................................... 98 301.06 INTRODUCTORY PERIOD ......................................................................................................... 98 302.00 WORK HOURS ............................................................................................... 100 302.01 POLICY/PURPOSE ................................................................................................................... 100 302.02 GENERAL PROVISIONS .......................................................................................................... 100 302.03 INCLEMENT WEATHER ........................................................................................................... 101 302.04 ON-CALL STATUS .................................................................................................................... 102 302.05 ALTERNATE WORK SCHEDULES .......................................................................................... 103 302.06 TELECOMMUTING ......................................................................................................................104 303.00 CATEGORIES AND CLASSIFICATIONS OF TOWN EMPLOYEES .............. 108 303.01 PURPOSE/POLICY ................................................................................................................... 108 303.02 CATEGORIES AND CLASSIFICATIONS OF EMPLOYEES .................................................... 108 303.03 TEMPORARY PERSONNEL ..................................................................................................... 109 304.00 CHANGES IN EMPLOYEE STATUS .............................................................. 111 304.01 POLICY/PURPOSE ................................................................................................................... 111 Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 7 of 186 304.02 GENERAL PROVISIONS .......................................................................................................... 111 304.03 PROMOTIONS AND DEMOTIONS ........................................................................................... 111 304.04 REASSIGNMENT ...................................................................................................................... 111 304.05 POSITION RECLASSIFICATION .............................................................................................. 112 304.06 ASSESSMENT REVIEW PERIOD ............................................................................................ 112 305.00 PERFORMANCE PLANNING AND REVIEW ................................................. 114 305.01 POLICY/PURPOSE ................................................................................................................... 114 305.02 GENERAL PROVISIONS .......................................................................................................... 114 305.03 REVIEW PROCESS .................................................................................................................. 115 305.04 PERFORMANCE IMPROVEMENT PLAN (PIP) ....................................................................... 115 305.05 FORMS ...................................................................................................................................... 116 306.00 EMPLOYMENT OF RELATIVES/NEPOTISM ................................................. 117 306.01 POLICY/PURPOSE ................................................................................................................... 117 306.02 EMPLOYMENT OF RELATIVES ............................................................................................... 117 307.00 OTHER EMPLOYMENT .................................................................................. 120 307.01 POLICY/PURPOSE ................................................................................................................... 120 307.02 OUTSIDE EMPLOYMENT ........................................................................................................ 120 308.00 TERMINATION OF EMPLOYMENT ................................................................ 123 308.01 POLICY/PURPOSE ................................................................................................................... 123 308.02 RESIGNATION/RETIREMENT .................................................................................................. 123 308.03 REDUCTION IN FORCE ........................................................................................................... 124 308.04 DISMISSAL ............................................................................................................................... 124 308.05 INSURANCE AFTER TERMINATION ....................................................................................... 124 308.06 EXIT PROCESSING .................................................................................................................. 124 308.07 LINKS ........................................................................................................................................ 125 309.00 ATTENDANCE AND PUNCTUALITY ............................................................. 126 309.01 POLICY/PURPOSE ................................................................................................................... 126 309.02 NOTIFICATION OF ABSENCE ................................................................................................. 126 309.03 PRIOR APPOINTMENTS (Doctor or Dentist Visits, etc.) .......................................................... 126 309.04 ILLNESS OR EMERGENCY WHILE AT WORK ....................................................................... 126 309.05 TARDINESS AND EXCESSIVE ABSENTEEISM ...................................................................... 126 309.06 RECORD KEEPING AND DOCUMENTATION ......................................................................... 127 309.07 JOB ABANDONMENT ............................................................................................................... 127 401.00 BENEFITS ....................................................................................................... 128 401.01 POLICY/PURPOSE ................................................................................................................... 128 401.02 GENERAL PROVISIONS .......................................................................................................... 128 Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 8 of 186 401.03 BENEFIT PLANS ....................................................................................................................... 128 401.04 FORMS ...................................................................................................................................... 132 402.00 COMPENSATION ........................................................................................... 133 402.01 POLICY/PURPOSE ................................................................................................................... 133 402.02 PAY SYSTEM ............................................................................................................................ 133 402.03 OVERTIME PAY LIABILITY ........................................................................................................ 135 402.04 OTHER PAY CATEGORIES ..................................................................................................... 136 402.04 G INCENTIVE PAY ................................................................................................................... 138 403.00 EMPLOYEE ASSISTANCE PROGRAM ......................................................... 141 403.01 POLICY/PURPOSE ................................................................................................................... 141 403.02 REFERRAL TYPES ................................................................................................................... 141 403.03 COUNSELING/FURTHER REFERRAL TO COMMUNITY RESOURCES ................................ 142 403.04 RECORDS OF EAP REFERRALS/USE .................................................................................... 142 403.05 EAP BENEFITS AVAILABLE .................................................................................................... 143 403.04 CONTACT INFORMATION ....................................................................................................... 143 TM – 507 replaces Sections 501 - 505 REASONABLE ACCOMMODATION (ADA/ADAA) ................................................... 177 506.00 POLICY/PURPOSE ................................................................................................................... 177 506.01 REASONABLE ACCOMMODATION INTERACTIVE PROCESS FORM .................................. 187 506.02 FORMS ...................................................................................................................................... 188 507.00 BREASTFEEDING IN THE WORKPLACE ..................................................... 189 507.01 POLICY/PURPOSE ................................................................................................................... 189 507.02 REASONABLE ACCOMMODATIONS ...................................................................................... 189 507.03 DISCRIMINATION AND RETALIATION PROHIBITED ............................................................. 189 601.00 DISCIPLINE .................................................................................................... 189 601.01 POLICY/PURPOSE ................................................................................................................... 190 601.02 GENERAL PROVISIONS .......................................................................................................... 190 601.03 DISCIPLINE PROCESS ............................................................................................................ 190 601.04 DISCIPLINARY ACTIONS ........................................................................................................ 191 601.05 APPEAL PROCESS ................................................................................................................. 195 602.00 EMPLOYEE COMPLAINTS ............................................................................ 197 602.01 POLICY/PURPOSE ................................................................................................................... 197 602.02 VERBAL COMPLAINTS ............................................................................................................ 197 602.03 GENERAL PROVISIONS .......................................................................................................... 197 602.04 COMPLAINT PROCEDURES ................................................................................................... 198 701.00 SAFETY AND ACCIDENT REPORTING ........................................................ 200 Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 9 of 186 701.01 POLICY/PURPOSE ................................................................................................................... 200 701.02 GENERAL PROVISIONS .......................................................................................................... 200 701.03 DEPARTMENT PROVISIONS................................................................................................... 201 701.04 PERSONAL PROTECTIVE EQUIPMENT ................................................................................. 201 701.05 OPERATION OF VEHICLES ..................................................................................................... 202 701.06 ACCIDENT INVOLVEMENT...................................................................................................... 204 701.07 SAFETY INSPECTIONS AND ANALYSIS ................................................................................ 205 701.08 FIREARMS AND WEAPONS IN THE WORKPLACE ............................................................... 205 701.09 FORMS AND LINKS .................................................................................................................. 206 702.00 EMERGENCY MANAGEMENT ....................................................................... 207 702.01 POLICY/PURPOSE ................................................................................................................... 207 702.02 GENERAL PROVISIONS .......................................................................................................... 207 702.03 COMMUNICABLE DISEASE RESPONSE PLAN ..................................................................... 206 702.04 EXPANDED FMLA LEAVE ("EFMLA") ...................................................................................... 207 702.05 EMERGENCY PAID SICK LEAVE ("EPSL") .............................................................................. 208 TM – 507 replaces Section 703 800.0 TIME REPORTING…………………………………………………………………..224 801.0 Policy/Purpose ………………………………………………………………..……………………....224 802.0 Time Reporting / Approval………………………………………………………………………..…..224 803.0 Grant Time Keeping ………………………………………………………......……………………...224 804.0 Time Reporting Record Keeping ……………………………………………………………………..225 805.00 Time Keeping System ………………………………………………………………………………...225 GLOSSARY OF TERMS ............................................................................................. 226 Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 10 of 186 101.00 HUMAN RESOURCES ADMINISTRATION AUTHORITY 101.01 POLICY/PURPOSE A. This Human Resources Policies & Procedures Manual provides statements of policy and procedure, and establishes required procedures relating to Human Resources administration that are necessary to effectively and efficiently manage Town operations. It is issued under the authority of the Town Manager. Nothing herein shall be construed by anyone as a contract of employment. These Policies and Procedures are guidelines, which the Town Council may change, alter, suspend, and/or interpret at any time, with or without advance notice. Any questions concerning the interpretation or applicability of the following policies and procedures should be referred to Human Resources. B. With the exception of matters reserved by state law or the Home Rule Charter to the Town Council, the general and final authority for personnel administration rests with the Town Manager. 101.02 THE TOWN A. The Town of Trophy Club policy administration demands discharge of duties above the minimum standards of criminal and civil responsibility. The provisions of this Manual create high standards of conduct so that training and performance can be aimed at the highest levels and may, in appropriate cases, serve as the basis for internal discipline even though they are not intended for civil or criminal proceedings B. The term “Town” as used herein is a designation utilized to indicate the Town of Trophy Club, Texas, acting in its capacity of Employer. C. The Town of Trophy Club is a home rule municipality with a “Council-Manager Government.” The Town Council consists of a Mayor and six members of the Town Council elected at large for three-year terms. Under the council-manager form of government, all powers of the Town are vested in the elected council who enacts legislation, adopts budgets, determines policies, and appoints the Town Manager, who is charged with executing the laws and administering the government of the Town. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 11 of 186 101.03 ADMINISTRATION A. Town Manager. The Town Manager is designated as the chief operations officer and the head of the administrative branch of the Town government, responsible to the Town Council for the operations and administration of all the affairs of the Town, including the hiring, and when necessary for the welfare of the Town, removal of any employee, in conformity with the provisions of the Town’s Human Resources policies and procedures, charter, and other applicable law. B. Town Attorney. The Town Attorney shall be the legal adviser of, and attorney for, all of the offices and departments of the Town, and he or his designee shall represent the Town in all litigation and legal proceedings; provided, that the Town Attorney may retain special counsel at any time he/she deems appropriate and necessary in accordance with the constraints of the budget. The Town Attorney shall perform other duties as prescribed by Town Charter, by ordinance, or as directed by the Council. C. Human Resources. Human Resources is responsible for the administrative function of the Town Human Resources Department and oversight of the Human Resources Policies and Procedures in cooperation with department directors and managers. 101.04 MANAGEMENT AUTHORITY Town Management possesses the sole authority to administer Town operations and administrative matters handled by Town employees. Management authority includes, but is not limited to, the following activities: A. Discipline, discharge, or release of employees pursuant to the policies and procedures described in this Manual; B. Direct the work forces; C. Hire, assign, or transfer employees; D. Determine the mission of Town departments; E. Determine the methods, means, and allocation/assignment of personnel needed to carry out the Town's mission; F. Introduce new or improved methods or facilities, or change such; G. Determine reasonable work schedules and establish the methods and processes by which such work is performed; H. Require the performance of duties stated and intended in job descriptions, with the understanding that every duty is not always specifically described; Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 12 of 186 I. Determine position availability by: 1. Authorizing lateral reassignments; 2. Classifying police and/or fire positions as civilian or uniformed, as needed; 3. Freezing, hiring, and promoting; 4. Authorizing delay in filling positions due to budget, facilities, or other business necessity directly related to the delay; or 5. Authorizing temporary assignment into a vacancy; and J. Delete positions, reclassify positions, and/or reassign employees to different positions with different classifications and/or pay as required by business necessity. 101.05 HUMAN RESOURCES POLICIES & PROCEDURES MANUAL A. Scope. The provisions of this Manual apply to all employees of the Town of Trophy Club both on and off duty, unless otherwise indicated, restricted by proper authority, or limited by law. B. Not a Contract. Nothing contained in this Policies & Procedures Manual is intended to nor does it create a contract of employment for any specific duration. I understand and agree that my employment can be terminated with or without cause and with or without notice at any time at the option of either me or the Town. This policy of employment-at-will may not be modified by any officer or employee and shall not be modified in any publication or document. The only exception to this policy is a written employment agreement approved at the discretion of the Town Manager. C. Changes. The Town reserves the authority to modify, revoke, suspend, interpret, terminate, or change any or all of the provisions of this Manual at any time. Except in case of an emergency, employees will be given five (5) days written notice of any change. D. Titles. Titles used shall not govern, limit, modify, or affect the scope of meaning or intent of any provision. E. Validity. Any statement in a directive found to be illegal, incorrect, or inapplicable shall not affect the validity of the remaining contents. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 13 of 186 F. Department Policies/Standard Operating Procedures. Individual departments, with approval from the Town Manager and the review and consent of Human Resources, and Town Attorney’s Office may develop additional Human Resources administration policies and procedures that are required for the department’s operations. Any department policy or procedure that, because of operational necessity, is inconsistent with the provisions of this Manual must be approved in writing by Human Resources, Town Attorney’s Office, and Town Manager’s Office. A copy of Department Policies/Standard Operating Procedures must be provided to Human Resources prior to implementing. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 14 of 186 102.00 HUMAN RESOURCES RECORDS 102.01 POLICY/PURPOSE This Policy provides basic information regarding the Town’s Human Resources recordkeeping. 102.02 FILE CONTENTS/SECURITY/RETENTION A. The basic HR file maintained in Human Resources may include, but is not limited to, correspondence, performance evaluation ratings, disciplinary actions, and changes in personal information, position, or official status. B. Employees are required to notify the Human Resources Department, by completing a Change of Information Form when there is a change in name, address, telephone number, marital status, number of dependents, military status, person to notify in case of accident or emergency, or beneficiary assignment of any employee benefits plan. C. All paper-based documents relating to the Town’s HR record system are kept in secure, locked files in Town Hall. Medical records, benefits, and personal information are kept in separate, locked files in Town Hall. All HR files and records must remain in Town Hall at all times until archived pursuant to the Town’s Records Retention Schedule. D. An employee of the Town who objects to material in the employee's HR file on the grounds that it is inaccurate or misleading may file a statement relating to the material that will be placed in the employee’s file. 102.03 FILE ACCESS/RELEASE OF INFORMATION A. HR Files. HR files of Town employees may be viewed as follows: 1. By an employee, or his/her designated representative; 2. By a Town employee having immediate Supervisory authority over the employee, or a Human Resources representative; and 3. Otherwise as may be required by law. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 15 of 186 B. Medical Information. The Town may request certain medical information from Town employees for purposes such as: 1. Workers’ compensation claims; 2. FMLA requests: 3. ADA accommodations; 4. Wellness programs; 5. Health insurance; and 6. Responding to government officials investigating compliance with federal and/or state laws. Medical information will be maintained in a separate medical file, apart from an employee’s personnel file. C. Personal Protected Information and Benefits Information 1. All personal protected information and benefits information will be kept in a separate file from the HR Employee file. 2. Information in the file may be viewed as outlined in Section 102.03 (A). Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 16 of 186 103.00 CONFIDENTIALITY OF INFORMATION POLICY 103.01 POLICY In the course of performing their duties, employees may have access to or gain knowledge of confidential information, i.e., information that is not otherwise available to persons outside the Town. Employees are hereby notified that confidential information learned while performing their duties may not be discussed at any time with any person under any circumstances, unless an employee needs to do so in order to carry out his or her job duties. If an employee is concerned about possible leaking of such information, they must discuss such concern with their Department Head, or in the event of a conflict, with another Department Head not in their immediate chain of command. Misuse or unauthorized disclosure of such confidential information is cause for disciplinary action, up to and including termination of employment. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 17 of 186 104.00 HIPAA - LAW ENFORCEMENT GUIDANCE 104.01 POLICY A. The HIPAA Privacy Rule (the “Rule”) is designed to protect an individual’s privacy while allowing important law enforcement functions to continue. The Rule permits covered entities to disclose protected health information (“PHI”) to law enforcement officials, without an individual’s written authorization, under the specific circumstances summarized below. Covered entities” include the following: 1. Health plans; 2. Health care clearinghouses; and 3. Health care providers who conduct certain financial and administrative transactions electronically. These electronic transactions are those such as electronic billing and fund transfers. B. These covered entities are bound by the HIPAA privacy standards even if they contract with others to perform some of their essential functions. The law does not regulate other types of private businesses or public agencies through this regulation such as employers, life insurance companies, or public agencies that deliver social security or welfare benefits. C. Disclosures of PHI by covered entities to law enforcement officials without an individual’s written authorization are permitted as follows: 1. To comply with a court order or court-ordered warrant, a subpoena, or summons issued by a judicial officer, or a grand jury subpoena. The Rule recognizes that the legal process in obtaining a court order and the secrecy of the grand jury process provides protections for the individual’s private information. 2. To respond to an administrative request, such as an administrative subpoena or investigative demand or other written request from a law enforcement official. Because an administrative request may be made without judicial involvement, the Rule requires all administrative requests to include or be accompanied by a written statement that the information requested is relevant and material, specific and limited in scope, and de-identified information cannot be used. 3. To respond to a request for PHI for purposes of identifying or locating a suspect, fugitive, material witness, or missing person; but the covered entity must limit Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 18 of 186 disclosures of PHI to name and address, date and place of birth, social security number, ABO blood type and RH factor, type of injury, date and time of treatment, date and time of death, and a description of distinguishing physical characteristics. Other information related to the individual’s DNA, dental records, body fluid or tissue typing, samples, or analysis cannot be disclosed under this provision, but may be disclosed in response to a court order, warrant, or written administrative request. This same limited information may be reported to law enforcement: a. About a suspected perpetrator of a crime when the report is made by the victim who is a member of the covered entity’s workforce. b. To identify or apprehend an individual who has admitted participation in a violent crime that the covered entity reasonably believes may have caused serious physical harm to a victim, provided that the admission was not made in the course of or based on the individual’s request for therapy, counseling, or treatment related to the propensity to commit this type of violent act. 4. To respond to a request for PHI about a victim of a crime, and the victim agrees. If, because of an emergency or the person’s incapacity, the individual cannot agree, the covered entity may disclose the PHI if law enforcement officials represent that the PHI is not intended to be used against the victim, but is needed to determine whether another person broke the law, the investigation would be materially and adversely affected by waiting until the victim could agree, and the covered entity believes in its professional judgment that doing so is in the best interests of the individual whose information is requested. Where child abuse victims or adult victims of abuse, neglect, or domestic violence are concerned, other provisions of the Rule apply: a. Child abuse or neglect may be reported to any law enforcement official authorized by law to receive such reports and the agreement of the individual is not required. b. Adult abuse, neglect, or domestic violence may be reported to a law enforcement official authorized by law to receive such reports: I. If the individual agrees; II. If the report is required by law; or III. If expressly authorized by law, and based on the exercise of professional judgment, the report is necessary to prevent serious harm to the individual or others, or in certain other emergency situations. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 19 of 186 IV. Notice to the individual of the report may be required. 5. To report PHI to law enforcement when required by law to do so. For example, state laws commonly require health care providers to report incidents of gunshot or stab wounds, or other violent injuries; and the Rule permits disclosures of PHI as necessary to comply with these laws, when applicable. 6. To alert law enforcement to the death of the individual, when there is a suspicion that death resulted from criminal conduct. Information about a decedent may also be shared with medical examiners or coroners to assist them in identifying the decedent, determining the cause of death, or to carry out their other authorized duties. 7. To report PHI that the covered entity in good faith believes to be evidence of a crime that occurred on the covered entity’s premises. 8. When responding to an off-site medical emergency, as necessary to alert law enforcement about criminal activity, specifically, the commission and nature of the crime, the location of the crime or any victims, and the identity, description, and location of the perpetrator of the crime. This provision does not apply if the covered health care provider believes that the individual in need of the emergency medical care is the victim of abuse, neglect or domestic violence; see above Adult abuse, neglect, or domestic violence for when reports to law enforcement are allowed. 9. When consistent with applicable law and ethical standards: a. To a law enforcement official reasonably able to prevent or lessen a serious and imminent threat to the health or safety of an individual or the public; or b. to identify or apprehend an individual who appears to have escaped from lawful custody. 10. For certain other specialized governmental law enforcement purposes, such as: a. To federal officials authorized to conduct intelligence, counter-intelligence, and other national security activities under the National Security Act, or to provide protective services to the President and others and conduct related investigations; and b. To respond to a request for PHI by a correctional institution or a law enforcement official having lawful custody of an inmate or others if they represent such PHI is needed to provide health care to the individual; for the health and safety of the individual, other inmates, officers or employees of or others at a correctional institution or responsible for the transporting or Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 20 of 186 transferring inmates; or for the administration and maintenance of the safety, security, and good order of the correctional facility, including law enforcement on the premises of the facility. D. Except when required by law, the disclosures to law enforcement summarized above are subject to a minimum necessary determination by the covered entity. When reasonable to do so, the covered entity may rely upon the representations of the law enforcement official (as a public officer) as to what information is the minimum necessary for their lawful purpose. If the law enforcement official making the request for information is not known to the covered entity, the covered entity must verify the identity and authority of such person prior to disclosing the information. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 21 of 186 105.00 MEDICAL INFORMATION CONFIDENTIALITY POLICY 105.01 POLICY The Town strives to protect the privacy of its employees' medical information to the greatest possible extent. To that end, we provide the following guidelines regarding the confidentiality of medical information: A. "Medical information" is any information, data, or documentation relating to an employee's mental or physical condition. The term includes, but is not limited to, oral, written, or digital information concerning an employee's mental or physical condition; medical records; dental records; disability records; workers' compensation records; medical leave records; genetic information; health insurance information; and/or information concerning visits or payments to any health care professional, hospital, emergency room, or other type of short or long-term health care facility. B. Any medical information concerning employees will be maintained in separate, confidential medical files apart from regular personnel records. Only authorized employees may ever have access to such files. C. Employees are hereby notified that medical information concerning employees is absolutely confidential under state and federal laws and may not be discussed at any time with any person under any circumstances, unless an employee needs to do so in order to carry out his or her job duties, or unless the person discussing the information is talking or otherwise communicating with the subject of the information at that person's invitation. If an employee is concerned about a possible medical condition on the part of a coworker, the employee must not discuss such concern with anyone other than Human Resources. D. Any employee who is found to have discussed medical information about another employee with anyone else in violation of this policy, or who is found to have released such information without authorization, will be subject to disciplinary action, up to and including termination from employment. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 22 of 186 106.00 PURCHASING POLICY Please refer to ESS for the Purchasing Policy. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 23 of 186 107.00 TRAINING AND TRAVEL 107.01 POLICY/PURPOSE A. Training. The Town promotes a learning environment and provides training relevant to developing general job skills and preparing employees for new and increased responsibilities. Each department is allocated, within budget constraints, training funds to meet specific individual or department needs. B. Travel and Local Meeting Expenses. The Town recognizes the need for official representation at conferences, meetings, conventions, seminars, and other functions. The eligibility and procedure for financing and reimbursement of allowable expenses incurred by an individual in an official capacity as a representative of the Town are as specified in this Chapter. 107.02 TRAINING PROCEDURES A. Human Resources In-House Training. All individuals attending Human Resources training must register through Human Resources to attend the class. Training requests must have Department Head approval and be submitted to Human Resources for processing. An enrollment confirmation will be returned to the individual. B. Specific Individual or Department Training. All training, other than that provided through Human Resources, is coordinated by the employee’s department. Approval and funding for such training is at the discretion of Department Head with available funds. 107.03 TRAVEL AND LOCAL MEETING EXPENSES A. General Provisions. 1. The Town Manager is responsible for the overall administration and enforcement of this section. 2. All employees are expected to report any abuse and/or misuse of travel and entertainment funds to appropriate management. 3. No employee shall use their own funds (cash, check, or credit/debit card) to purchase airline tickets or pay for registration expenses for another employee. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 24 of 186 4. Employees traveling on behalf of the Town are expected to utilize services and accommodations appropriate for the business to be conducted. Employees are expected to travel and conduct business in reasonable comfort and exercise good judgment in distinguishing between comfort and extravagance. 5. All travel related expenses, except for meals funded by a per diem, must be supported with original receipts, if at all possible, and supporting documentation. If no receipt is provided, the employee must submit a signed and dated declaration of the expense. B. Approval Required. The Town will pay travel, registration fees, meal, and incidental expenses required for Town business or to enhance the knowledge of the individual for the benefit of the Town. 1. Travel Authorization Form. Whether the training or seminar is budgeted or not, employees must obtain prior approval for travel from their Department Head by completing a Travel Authorization Form, which will then be forwarded to the Finance Department. Proof of a Maximum Lodging Rate and/or per diem amount must be provided. There must be sufficient funds in the budget to cover the travel, unless the Town Manager makes the exception. In the event travel is conducted without prior approval, the employee will be held responsible for all expenses incurred. 2. Travel Expense Report Form. A Travel Expense Report Form must be submitted at the completion of all travel, except local mileage reimbursement, including when a procurement card is used to pay for expenses. Local mileage may be claimed via completion of a Local Mileage Reimbursement Form. All receipts and supporting documents must be attached and then forwarded to the Finance Department after being reviewed and signed by the Department Head within ten (10) working days of the employee’s return. Proof of a Maximum Lodging Rate is not required since it should have been provided prior to travel. When a Town procurement card is used, the Travel Expense Report Form, along with all receipts and supporting documents, must accompany the copy of the procurement card transaction sheet that is provided on a monthly basis by the Finance Department. 3. Procurement Card for Travel Expenses. Some employees may be issued Town procurement cards with travel privileges. These cards can be used for travel and other expenses that are typically paid by the Town. However, procurement card travel expenses are governed by this Chapter and must be submitted via a Travel Expense Report Form as outlined above. Personal expenses are not to be placed on a Town procurement card. Misuse of the Town procurement card or violation of this Policy may result in card privileges being revoked or other disciplinary action being taken, as deemed appropriate. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 25 of 186 C. Ordinary Expenses. The Town will pay expenses, which are incurred in the course of authorized Town travel: (1) to provide employees sufficient funds to execute business on behalf of the Town, and (2) to safeguard the Town funds by paying only reasonable and necessary expenses. Below outlines what constitutes a reasonable and necessary expense. No reimbursement will be made for costs in excess of the maximum allowable rates specified below. Any unauthorized expenses or expenses in excess of maximum allowable rates are the responsibility of the individual and/or cardholder. 1. Accommodations. a. Unless a higher rate is approved in advance by the Department Head on the Travel Authorization Form, the Town will pay ACTUAL expenses for hotels, motels or other lodging NOT TO EXCEED the U.S. General Services Administration’s (GSA) Maximum Lodging Rate. This rate excludes taxes and can be obtained at www.gsa.gov or from the Finance Department. A copy of the rate must be attached to the Travel Authorization Form. If neither the city nor the county is listed, the standard CONUS destination rate applies. b. While the GSA’s Maximum Lodging Rate is otherwise known as a “per diem” governed by the Internal Revenue Service, the Town only incorporates this rate as a guideline in establishing a maximum allowable amount in which the Town will pay for actual costs incurred. This rate should not be construed as a true “per diem,” that of which an employee will automatically receive whether the accommodation is or is not utilized. This figure provides the maximum rate an employee can be reimbursed for without treating part of the maximum rate as wages for tax purposes. c. The Town will pay no more than the cost of a single occupancy room, unless two or more employees share a room. If an employee shares a room with someone who is not an employee of the Town or who is not traveling on Town business, and the room rate is higher than the single room rate, the bill must be adjusted for the difference in cost. d. Employees must request the reduced government rate or conference rate when making reservations. Most hotels will not accept claims to a government rate after check-in. Town employees are not exempt from hotel taxes and will be reimbursed for such assuming a purchasing card is not used for the lodging costs. e. The Town will only pay for a hotel, motel, or other lodging for training, which requires an overnight stay or requires an employee to leave prior to 5 a.m. to make the start of training or arrive at home after midnight upon completion of training. Exceptions will be at the discretion of the Department Head. 2. Telephone Calls. The Town realizes that while on travel on Town business, there are personal matters that must be attended; therefore, the Town will reimburse Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 26 of 186 for personal telephone calls not to exceed $5 per day, including access charges. The Town will reimburse employees for all business calls, including internet connection fees. All phone calls must be documented as to whether personal or business in nature. 3. Parking. Only actual parking expenses shall be allowed. Airport parking for 24 hours or less will be reimbursed at the short-term parking rates. Required parking for 25 hours or more shall be reimbursed at the long-term parking rate only. 4. Meals and Incidental Expenses (M & IE) a. The Town will pay a per diem for Meals and Incidental Expenses (M&IE) equivalent to the U.S. General Services Administration’s (GSA) Daily Rate for the area of travel. This rate includes taxes and can be obtained at www.gsa.gov or from the Finance Department. The Town will pay two-thirds of the daily rate on the days in which an employee is traveling to/from their destination and the full rate for full days spent at the destination. The per diem will be paid to the employee via their regularly scheduled paycheck on the payroll immediately before or immediately after their travel upon submittal of a completed Travel Per Diem Request Form to the Finance Department. b. Incidental rates are defined separately from meal rates in that incidental rates cover fees and tips given to porters, baggage carrier, and bellhops. Meal rates cover the actual cost of the meal, including gratuities and tips. c. The Town will not pay for meals for individuals who are not employed by the Town, except with prior approval from the Department Head. 5. Tips/Gratuities. Tips or gratuities on taxis shall not exceed 15 percent of total taxi fare. Tips or gratuities on meals that exceed GSA Daily Meal Rates are the responsibility of the employee. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 27 of 186 6. Transportation. Except for reasons of time and/or monetary allocation, transportation for trips of 250 miles or less (one-way) shall be by Town vehicle, personal vehicle, or an approved rental vehicle, not airline travel. Transportation for trips of 250 miles or greater (one-way) shall be by airline, not Town vehicle, personal vehicle, or rental vehicle, unless approved by the Department Head in advance. For approved Town vehicle, personal vehicle, or rental vehicle use on a trip greater than 250 miles (one-way), the Town will not reimburse the employee for lodging incurred in transit. Per diems, while in transit, shall not exceed the provisions of section C.4 of this Policy. Total reimbursement for the transit portion of the trip shall not exceed the cost of a 21-day advance round-trip coach airfare. a. Commercial Airlines. The Town will pay for coach class tickets only. Employees are expected to take advantage of discounts whenever possible. However, employees are not required to fly at unusual times just to qualify for them. Employees may retain frequent flyer miles and similar travel awards, but the employee shall not pay a higher price for the fare in order to obtain frequent flyer miles. b. First-Class Accommodations. Employees may choose to travel first-class, but the Town will only pay coach class fares. c. Private Air Carriers and Charters. Employees shall not use private airplanes or charters without approval of the Town Manager. Cost savings or emergency schedule requirements must be shown and included with the Town Manager’s written approval. d. Personal/Town Vehicles. When traveling, a personal vehicle may be used or a Town vehicle assigned to the department, if available. 1) Both local and out-of-town mileage reimbursement for use of a personal vehicle is made at the rate established by the Internal Revenue Service. Current mileage rates are included in the Local Mileage Reimbursement Form, Travel Authorization Form, and Travel Expense Report Form. 2) Mileage reimbursement for personal vehicles to the airport will be calculated from the point of departure, i.e., either from employee’s office or from employee’s home. 3) The Town will pay for any additional work related mileage at the destination. 4) When claiming reimbursement for use of a personal vehicle for Town business, the employee must submit the following information: purpose, start/ending destination, dates, and mileage claimed. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 28 of 186 5) Employees who receive a car allowance will not be paid any reimbursement for travel, which is within 50 miles (one-way) of the Town office. 6) Employees who are assigned and use a take home vehicle for work- related travel will not be paid mileage reimbursement for travel. 7) Employees who are assigned a take home vehicle but choose to use a personal vehicle for work-related travel, will not be paid mileage reimbursement, unless approval is obtained by the Town Manager. 8) If an employee is driving a personal vehicle outside of the Town and has a car failure, the Town will pay the expense of towing the vehicle to the nearest garage, over and above the employee’s personal towing insurance coverage. However, the employee must cover all repairs. The towing invoice and insurance documentation, reflecting amount covered must be provided. e. Gasoline. 1) Gasoline expenses associated with the use of a Town vehicle during both local and out-of-town travel will be reimbursed. These expenses can be placed on a Town issued purchase card. 2) If an employee receives a car allowance, gasoline will be reimbursed only on out-of-town travel, which is greater than 50 miles (one-way) from the Town office for a personal vehicle or the gasoline may be placed on a Town issued purchasing card. 3) For those employees who do not receive a car allowance but drive a personal vehicle, only mileage reimbursement is allowed. Gasoline cannot be placed on the Town purchase card. f. Rental Vehicles. Approval to rent a vehicle must be obtained from the Department Head before the trip. Rental vehicles will generally not be authorized except when ground transportation is not available or economical. The appropriate size of the rental vehicle should depend on factors, such as the number of passengers, and the amount of luggage and/or equipment being carried. Documentation must be provided to support the request. g. Other Transportation. Employees may claim reasonable actual ground transportation expenses associated with airline travel, including shuttle services and taxis, provided that documentation for these expenses is submitted. 7. Trip Cancellation. The employee shall promptly notify both the Department Head and Finance Department when travel plans are cancelled. If the trip is Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 29 of 186 cancelled due to a conflict with Town business, the Town will be responsible for any fees that result from the cancellation. If the trip is cancelled for personal reasons, the employee shall reimburse the Town for any fees charged as a result of the cancellation. Any exception to this rule must be approved by the employee’s Department Head. 8. Travel Advances. Except in the instance of per diems paid on the paycheck directly preceding travel, travel advances are prohibited. 9. Travel Outside Normal Workday. Compensation for travel required outside of an employee’s normal working hours (i.e., Saturday, Sunday, evenings) will be calculated according to Town Policy and consistent with the Fair Labor Standards Act. 10. Non-Allowable Expenses. The cost of alcoholic beverages, laundry/dry cleaning, shoe shining, haircuts, magazines and books, sports events, in-room movies, tours, personal entertainment, limousines, valet parking, and spouse or other family expenses are specifically excluded from reimbursement, except when approved as Extraordinary Expenses. D. Extraordinary Expenses. There may be isolated occasions when, for the Town’s benefit, extraordinary expenses may be justified. Extraordinary expenses that are not specifically provided for in this Chapter; however, may upon prior approval from the Department Head, be determined appropriate. E. IRS Regulations. Notwithstanding the Town’s administrative procedures for travel advances, IRS regulations may result in the Town having to classify travel advances as ordinary income to the employee if: The expenses were not incurred for valid business purposes. 107.04 RECRUITING/RELOCATION EXPENSES In most instances, applicants for Town employment are responsible for interviewing and/or relocation expenses. When the recruiting process requires a regional or national recruiting effort, applicants may be reimbursed for certain direct, out-of-pocket interviewing/relocation expenses, particularly those relating to travel or relocation from out-of-state; however, Department Heads must secure approval from the Town Manager by indicating why reimbursement is necessary, the approximate cost of reimbursement, and what account(s) will be used for funding before scheduling an interview with or making an offer of employment to the applicant, whichever is applicable. 1. Reimbursement is limited to the expenses of coach airfare, meals, and ground transportation to and from the airport, to the extent allowed as ordinary expenses for Town employee travel in 107.03(C), for the purpose of interviewing for Town employment or seeking housing after acceptance of employment. Actual cost of Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 30 of 186 lodging that a reasonable and prudent person would incur for these purposes may also be reimbursed. 2. The same receipts/documentation that would be required for reimbursement of employee travel is required for recruiting/relocation reimbursement. The Department Head should submit a Travel Expense Report Form for the total amount, along with the receipts/documentation to the Finance Department. 3. Recruiting/relocation expense reimbursements will be charged to the hiring department. 4. Recruiting/relocation expenses cannot be advanced and will only be paid on a reimbursement basis after receipt of acceptable documentation of payment by the applicant. 107.05 FORMS/LINKS Local Mileage Reimbursement Form Travel Authorization Form Travel Expense Report Form Travel Per Diem Request Form www.gsa.gov Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 31 of 186 108.00 USE OF TOWN PROPERTY AND EQUIPMENT 108.01 POLICY/PURPOSE The Town has a substantial investment in the property and equipment provided for employee convenience to ease the effective and efficient accomplishment of Town business. Appropriate use of facilities, equipment, and other items of Town property is expected from employees. The Town is committed to providing a safe workplace. See the Safety and Accident Reporting Policy (701.00) for further information. 108.02 GENERAL PROVISIONS A. An employee shall use Town equipment in accordance with established procedures and shall not abuse, damage, or lose Town equipment. Town property or equipment shall not be used for any personal non-Town business, except as specified in this Chapter. B. Employees may be assigned authorized use of Town owned or leased vehicles, phones, lockers, desks, cabinets, computers, and/or cases for the mutual convenience of the Town and its employees. These items are subject to inspection at any time for any reason. Data caches, voice and e-mail boxes, pager and cellular phone memory banks, removable mass storage, mass storage, and other electronic storage systems provided by the Town may be “opened,” “read,” or inspected in the same manner as the contents of Town furnished vehicles, desks, lockers, and other equipment. C. The Town, through the Information Services (IS) Department, provides computing resources and worldwide network access to designated employees for conducting the Town’s business. All employees of the Town using computer and network resources are provided notice of the specific policies governing the use of such resources, and must act responsibly while using shared computing and network resources. There can be no expectation of privacy by any user in the use of the computer and network resources of the Town. Use of the computer systems in a manner inconsistent with this policy is strictly prohibited. All messages, Internet material received, software, and the work product are the property of the Town and subject to the Texas Public Information Act with respect to inspection, disclosure, scheduled retention, and disposition. Specific usage policies and guidelines follow, but may not be all inclusive. Any employee found to be in violation of these policies is subject to disciplinary action as provided in the Town’s Human Resources Policies and Procedures Manual. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 32 of 186 D. An employee shall not, regardless of value, take Town property without authorization. The use of any Town property, equipment, or facility for personal gain, or for other than official duty-related use is forbidden. The theft or borrowing of tools or any other equipment, removing property from a Town work-site, including new, used or discarded materials, office supplies, photocopy machines, mailing services, long distance telephone service, or any other service under Town controls for personal business or gain, or for other than official duty-related use, or unauthorized use of Town vehicles is prohibited. 108.03 LIABILITY FOR LOSS/DAMAGE TO TOWN PROPERTY OR ISSUED EQUIPMENT A. Repayment Required. An employee who causes or permits loss or damage to or through an act or omission that constitutes misconduct or negligence, excluding theft, may have to repay the Town for the loss or damage as follows: For any loss or damage, repayment will be determined by the Department Head. The amount to be recovered is the cost to repair or replace the damaged property. B. "Misconduct" as used in this Section is violation of a rule, procedure, or law. C. “Negligence” as used in this Section is failure to exercise the degree of care that an employee with ordinary prudence would exercise under the same or similar circumstances. D. Appeal. In cases involving determination of liability by the Department Head, the Department Head will provide the employee with the proposed findings and a copy of any documents considered in making the determination. The employee may respond in writing within five (5) calendar days. The decision of the Department Head will be rendered as proposed or as modified within a reasonable period of time after the employee’s response. The decision of the Department Head is final, non- appealable, and non-grievable. E. Payroll Deduction. Required repayment under this Section will be made by payroll deduction from the employee's pay in an amount not to exceed ten percent (10%) of the net pay per pay period for as many pay periods as necessary to recoup the amount to be recovered. If the employee resigns, retires, or is dismissed, recoupment of the Town’s loss may be made by deduction from the employee’s final paycheck. F. Discipline. Repayment for loss or damage required under this Section may be in addition to or in lieu of disciplinary action up to termination. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 33 of 186 108.04 VEHICLE USE/OPERATIONS A. Business Use. Except as specified in this Section, Town vehicles are furnished for official Town business and may not be used for personal reasons without express written prior authorization by the appropriate Department Head, the Town Manager’s designee, or Town Manager. B. Town Manager and or the Town Manager’s designee. The Town Manager and or the Town Manager’s designee may receive a car allowance for business use. Fuel and oil expenditures as a result of vehicle personal use will not be reimbursed. C. Other Executives. Directors or Managers, or a similar rank as determined by the Town Manager, may have a Town vehicle assigned to them or be provided an automobile allowance as part of their employment consideration. The Town Manager shall determine which positions have a vehicle assigned or are furnished an allowance. The amount of the automobile allowance shall be determined by the Town Manager. 1. Assigned vehicles may only be used for Town business and transportation to and from work, unless other use is approved in writing on a case-by-case basis by the Department Head or Town Manager. 2. The employee must ensure that all required preventive maintenance and repair work is done on assigned vehicles. Failure to ensure proper maintenance will result in discipline up to and including loss of the assigned vehicle. D. General Staff Vehicles. Town vehicles not assigned to a position as part of a compensation package are considered to be general staff vehicles. General staff vehicles shall be assigned to departments by the Town Manager, according to the needs of the Town. General staff vehicles may not be used for transportation to and from work unless designated as “on-call” vehicles. E. On-call Vehicles. Within a department’s allocation of Town vehicles, the Department Head may recommend designation of "on-call" vehicles for assignment to particular positions based on the need for frequent emergency return to work outside regular working hours. On-call vehicles may only be used for Town business and for transportation to and from work. On-call vehicle assignments must be approved in writing by the Town Manager's Office. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 34 of 186 108.05 ELECTRONIC COMMUNICATIONS SYSTEMS A. General Provisions 1. Electronic communications systems, as used in this Section include internet, e- mail, telephone, voice mail, facsimiles, pagers, cellular phones, computers and computer networks, directories, and files. 2. Employees will not have privacy rights with respect to any activities using these systems. All data, including e-mail messages composed, sent, and received, is the property of the Town. 3. The purpose of electronic communications equipment is to enhance the Town’s accessibility to citizens and improve service delivery. Limited personal use of electronic communications is acceptable. Department Heads will determine the level of access assigned to authorized users and the limits on non-business use in their respective departments. 4. Prohibited activity includes: a. Engaging in illegal, fraudulent, or malevolent conduct; b. Transmitting or storing material that is threatening, obscene, sexually explicit or disparaging of others based on race, national origin, sex, sexual orientation, age, disability, religious or political beliefs; c. Obtaining unauthorized access to any computer or data system; d. Distributing or storing chain letters, solicitations, offers to buy or sell goods, or other non-business material of a trivial or frivolous nature; e. Activity used for outside employment or other direct financial profit; f. Conducting political campaigns or other activity; and g. Gambling or playing a game for money or other stakes. h. Streaming and bandwidth intensive unapproved applications. 5. Electronic communications may be monitored to: a. Provide a workplace that is free of unlawful discrimination; b. Control the presence of inappropriate material; c. Ensure that resources are being used properly; and Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 35 of 186 d. Investigate complaints of improper use. 6. Electronic communication is considered a record under the Texas Public Information Act and all electronic documents are subject to retention guidelines set by the Town’s local government control schedules. Employees are responsible for maintaining original documents and electronic files according to departmental requirements. 7. Employees must follow applicable copyright laws. If any doubt exists regarding copyright status of material, contact the copyright owner to obtain written permission prior to use. B. Use of Computers 1. Employees shall have no expectation of privacy in information contained in any computers on Town premises, whether such computer is owned by the employee or the Town. Any computer system’s security features, such as passwords, do not affect the immediate Supervisor’s right to access any information at any time. 2. Prohibited Computer Related Conduct. Employees are prohibited from: a. Unauthorized disclosure of Town computer data to another individual, whether or not the individual is an employee of the Town; b. Unauthorized creation, duplication, destruction, deletion, or alteration of Town computer data; c. Sharing or disclosure of computer user IDs and passwords. This applies equally to an employee disclosing this information, as well as any employee using it; d. Unauthorized access or attempting to gain unauthorized access to physically secured Town computer equipment; and e. Tampering with office computer equipment in any way, whether physically secured or not, without prior authorization. C. Software Regulations. 1. Only Town authorized software, approved by the Department Head may be used or installed on Town owned computer. 2. All software installed on Town computers will be installed by the IS Department. 3. The software will be licensed and listed on an inventory maintained by the IS Department. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 36 of 186 4. The use of unauthorized, expired, or unlicensed software is forbidden. 5. Any personally owned software installed on the machine must be accompanied by the original license and approved by the Department Head. 6. Software purchased for Local Area Networks (LANs) shall be available only to the maximum number of simultaneous operators as specified by the license. Under no circumstances is a Town employee allowed to utilize an application from the LAN server for which he/she does not have a valid license. 7. Internal controls will be enforced through periodic audits by the IS Department. 8. Employees are prohibited from giving copies of software that the Town has acquired to non-Town employees without the written consent from the user’s Department Head. 9. Employees are prohibited from deactivating anti-virus software on their workstations and are required to scan all removable media prior to use. D. Global E-Mail Messages. Global e-mail messages are internal communications sent electronically to all Town employees simultaneously to provide uniform coverage in matters of interest to all employees. 1. Permitted Subjects a. Town wide computer and local area network issues; b. Planned network service by Information Services; c. Issues that may affect the health and/or safety of all employees; d. Information relating to employee policies or benefits; e. Department events relating to the entire Town workforce; and f. Other issues as directed by the Town Manager or designee. 2. Authorization. The Administrative Services Department will send out global e- mail messages when they pertain to computer and network related issues that affect all employees. Any other global e-mail messages must be approved by the Town Manager. E. Service 1. Help Desk. The Administrative Services Department provides a primary point of contact for IS related issues. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 37 of 186 a. Non-critical issues should be reported to the Administrative Services Department via their helpdesk software. b. Critical issues maybe reported via voice mail and/or e-mail. 108.06 USE OF RADIO CELLULAR PHONES A. Employees may, at the discretion of the Town Manager, be paid a cell phone allowance in an amount determined by the Town Manager. Employees provided allowances are responsible for supporting a working cell phone and applicable peripheral equipment for normal business use. B. Department Responsibility. Department Heads have the discretion of assigning radio/cellular phone to employees based on the need for high citizen or employee contact. The Administrative Services Department is responsible for contracting and supporting assigned radio/cellular phones. In addition, the Administrative Services Department must maintain a list of all employees’ phone numbers, verify active service and budget appropriately. Purchasing and service standards must meet Town requirements and be coordinated through the Finance Department through the Town’s current provider. C. Employee Responsibility. Employees receiving allowances are responsible for maintaining a working phone and must provide current phone numbers to their respective departments immediately upon activating service. If utilizing a Town issued radio/cellular phone, employees must reimburse the Town for all minutes, charges and/ fees that exceeds their allotted monthly usage within 30 days of being billed. The employee will be responsible for the additional minutes, charges, and/or fees that exceeds allotted monthly usage minutes regardless of whether those minutes were for personal or business use. In the event the user incurs any unauthorized charges, said costs, fees or charges shall be the sole responsibility of the user and not the Town. The employee must report lost or stolen property immediately to their immediate Supervisor. Failure to demonstrate reasonable care in use of issued phones or allowances may result in repayment to the Town for the loss or damage as determined by the Department Head and specified in Section 108.03 of this Chapter. D. Terminating Employees. No compensation will be awarded for future phone charges to employees terminating active status. 108.07 EMPLOYEE IDENTIFICATION/ACCESS CARD PROGRAM PROCEDURES A. Purpose. The Employee Identification/Access Card program provides a safe workplace for Town employees and a safe environment for visitors by allowing employees to be easily identified as such while at work, and to enable authorized personnel access to Town facilities. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 38 of 186 B. Card Issuance. All full-time and part-time employees will be issued a photo identification card during their new hire meeting with the Administrative Services Department C. Building Access. 1. Access control will be a function of the Administrative Services Department. A log will be maintained of all individuals provided with building access cards. The Department Manager will decide the level of access needed by each employee. 2. No employee is allowed to loan his or her access card to be used by another. Security doors will not be propped open with objects and left unattended. D. Card Use. 1. Trophy Club identification cards are issued for “official use only” and are not to be used for obtaining privileges, or for any personal reasons, without the approval of the employees’ Department Head or as part of a promotional program approved by the Town Manager. 2. Misuse of Trophy Club identification cards may be grounds for employee disciplinary action, up to and including termination. 3. It is the responsibility of the employee to ensure that current information is reflected on his/her identification card. 4. While at work, an employee’s identification card must either be worn or kept within reasonable access to provide verification of employment. However, employees are required to display their identification at all times while in and around Town owned facilities. 5. Access cards are provided solely for the use of the employee to whom it has been issued. Use of an employee's access card by any other person or persons shall be grounds for disciplinary action up to and including termination. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 39 of 186 6. It is the responsibility of the employee to immediately report a lost or stolen card to the Administrative Services Department so the card may be disabled from the system. Failure to do so may also be grounds for disciplinary action up to and including termination. E. Card Replacement and Return. 1. Identification/access cards are the property of the Town, and must be returned upon termination of employment. Any lost, damaged, or stolen cards must be promptly replaced at a cost of $10.00 per card, which may be paid by cash or check by the employee. 2. Identification/access cards that have been stolen, lost, or damaged on the job may be replaced without charge at the discretion of their Department Head provided the loss or damage was not a result of negligence on the part of the employee. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 40 of 186 109.00 COMMUNICATIONS AND NEWS MEDIA RELATIONS 109.01 POLICY/PURPOSE The Town of Trophy Club is committed to maintaining a positive relationship with the members of the community governed by the Town’s actions. A critical factor in maintaining this relationship is effective communication. The purpose of this directive is to guide employees in the appropriate practices in direct public communications and in response to information inquiries. It is issued by authority of the Town Manager, who reserves the right to modify, revoke, suspend, interpret, terminate, or change any provision of this directive with or without notice. 109.02 GENERAL PROVISIONS A. The Office of Public Information is the primary communication agency for creating and managing the flow of public information between the Town government, its employees, citizens, and stakeholders. The Office of Public Information may initiate communications or may assist other Town departments in matters pertaining to the media, employee and citizen communication, corporate image, electronic, print, and web broadcasting of public information. Specifically, The Office of Public Information provides: 1. Strategic message development and placement for Town Manager’s Office and Town departments, 2. Public affairs assistance to Mayor and Council, 3. Public affairs and communications assistance to Town Manager’s Office and Town departments, 4. Release of information to employees, citizens, and stakeholders, 5. News media relations, 6. Communications coordination in crisis/disaster situations, and 7. Evaluation of press coverage. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 41 of 186 B. Town Spokespersons. The Town Manager is the authorized spokesperson for the Town of Trophy Club. The Town Manager, or their designee and the Public Information Officer may speak on behalf of the Town. In particular situations, such as making presentations to community groups, individual employees have authority as specified by their Department Head or the Public Information Officer, to speak on behalf of the Town. In communicating on behalf of the Town, employees should limit their comments to presenting factual information within their personal knowledge, and avoid speculation, or making any comments on the actions taken by or likely to be taken by other employees or departments. Town employees should not respond to the media and refer all media requests to the Public Information Officer. C. Publications. The Town publishes information in print and electronic form to advise the public of Town programs and services. All publications, including flyers, banners, newsletters, etc. should be sent to the Public Information Officer for review and final approval. All Town publications should be timely, accurate, and understandable. Where necessary for effective communication, information distributed in print or electronic media should be in languages other than English. Each department should review its publications on an annual basis to ensure information is current and complete, and that it does not unnecessarily duplicate other information published by that department or any other division of the Town. D. If an employee receives a request for information that is best supplied by another department, the employee should not speculate about the operations of another department, but should refer the requestor to the appropriate department. The employee should then contact the other department to provide advance notice of the request for information. 109.03 PUBLIC INFORMATION A. Unless a more specific statute applies, access to all information collected, assembled, or maintained by Town employees in the course of their duties is governed by Texas Government Code Chapter 552, the Public Information Act PIA). The Act applies to documents and records maintained in any form (paper, film, devices that store electronic signals, tape, and voice, data, or video held in computer memory). B. The Town Secretary’s Office manages all Requests for Public Information. C. Any member of the public may both inspect and obtain copies of government documents and records pursuant to the PIA. Information exempt from required Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 42 of 186 disclosure under the Act, includes but is not limited to the following: certain personal information on employees, information relating to civil or criminal litigation where the government or an officer or employee of the government is or may be a party as a consequence of the person’s office or employment, information that would give an advantage to a competitor or bidder in a competitive bidding process, certain law enforcement or prosecutorial information, birth records (for up to 50 years), death records (for up to 25 years), personal information on participants in Neighborhood Crime Watch organizations, and certain information on economic development activities of the governmental entity. Other exemptions from disclosure may apply in certain situations. D. Unless the requestor agrees otherwise in writing, all requests for information made under the Public Information Act must be responded to within ten business days of receipt of the request. The Town has established rules of procedure for access to or providing copies of documents and records, including copy costs. E. Any employee who receives a request for access to documents, records, or other information under the Texas Public Information Act (PIA) should direct the request to the Town Secretary’s Office. In the absence of the Town Secretary, the request should be directed to the Town Secretary’s designee. F. The Public Information Act provides a criminal penalty for failure to comply with a properly submitted request and for distribution of information that is designated as confidential under the Act. It also provides a criminal penalty for willful destruction, mutilation, or removal without permission, or alteration of public information. Destruction or removal of documents or records of the Town of Trophy Club are to be made only in accordance with the Town’s Records Retention Schedule. 109.04 ADMINISTRATIVE NOTIFICATIONS A. When major incidents or crises occur, administrative and/or legal support procedures are required to be initiated as soon as possible. In addition, employees who are likely to receive media or citizen inquiries and/or citizen complaints should be made aware of the incident. Such notifications should be initiated through the chain of supervision within the involved department as soon as possible. B. Major incidents requiring notification are: 1. Death or serious bodily injury to an employee, to any person in a Town facility, or to any person where death or serious bodily injury is alleged to be caused by a Town employee, 2. Significant damage to Town property, 3. Significant damage to non-Town property alleged to be caused by a Town employee, Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 43 of 186 4. Severe weather conditions or disasters, 5. Events requiring significant deployment of Town personnel and/or equipment, and 6. Any other incident or event that is likely to generate significant media or community inquiries. C. General Order of Notification: A Telephone Tree or other broad based network should be used to notify individual employees or departments: 1. 911 2. Town Manager 3. Immediate Supervisor 4. Department Head 5. Public Information Officer or Designated Spokesperson 109.05 EMERGENCY/DISASTER RESPONSE A. During emergency situations, the community needs detailed information about protective action to be taken for minimizing loss of life and property. The Town provides information on hazard awareness and how to deal with hazards to the public through publications, public education presentations to the community, and through the news media. B. In the course of an actual emergency or disaster when the Town’s Emergency Operations Center is activated; public information efforts will be provided as detailed in the Town’s Emergency Preparedness Plan. In a situation where the Emergency Operations Center is not activated, public information efforts will be directed by the Town department having primary operational responsibility for the incident, with assistance from the Town Manager as necessary. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 44 of 186 110.00 SOCIAL MEDIA AND SOCIAL NETWORKING 110.01 POLICY/PURPOSE A. The Town of Trophy Club (the “Town”) utilizes social media and social networking sites to further enhance communications with various stakeholders and audiences. The Town has the ability to publish articles, facilitate discussions, and communicate information regarding Town business, issues, operations and services, community news, and general information related to the Town. Social networking is used to disseminate time-sensitive information as quickly as possible to the widest possible audience. B. The Town recognizes that social networking such as personal web sites, blogs, Facebook, MySpace, Twitter, online group discussions, text messaging, message boards, chat rooms, etc., can be used by employees for personal as well as business purposes. The Town also understands how the use of Internet social networking sites and blogs can shape the way the public views our operations, services, employees, vendors, etc. The Town respects the right of any employee to maintain a blog or post a comment on the Town’s social networking sites. However, the Town is also committed to ensuring that the use of such communications serves the needs of our business by maintaining the Company’s identity, integrity, and reputation in a manner consistent with our values and policies. Therefore, the Town has established the following policy and guidelines for communicating Town-related information via social networking forums whether used in or outside the work place. 110.02 TOWN SOCIAL NETWORKING SITES A. All Town social networking sites shall be: 1. Approved by the Town Manager's Office, Public Information Officer, Administrative Services Director, and Department Head; 2. Published using approved Town social networking platform and tools; and 3. Administered by the Office of Public Information or designee. Designees can be any Department employee or volunteer who has a complete understanding of this Policy and has appropriate content and technical experience. B. All Town social networking sites and entries shall adhere to all Information Technology and Records Management Town policies and other applicable Town policies. C. Texas Public Information Act and e-discovery laws and policies apply to social media content and therefore content must be able to be managed, stored, and retrieved to Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 45 of 186 comply with these laws. Any information communicated via a government- maintained social media site is considered public record; therefore, all posts, comments, e-mails, etc. are public, not private. D. All social networking sites and entries shall clearly indicate that any articles and any other content posted or submitted for posting are subject to public disclosure. E. Content submitted for posting that is deemed not suitable for posting by the Town’s PIO/Communications Manager, or is deemed prohibited content based on the criteria in this Policy, shall be retained pursuant to the records retention schedule along with a description of the reason the specific content is deemed not suitable for posting. F. The Town reserves the right to restrict or remove any content that is deemed in violation of this Policy or any applicable law. G. Each Town social networking site shall include an introductory statement, which clearly specifies the purpose and topical scope of the blog and social networking site. Where possible, social networking sites should link back to the official Town Internet site for forms, documents and other information. H. Town social networking content and comments containing any of the following forms of content shall not be allowed for posting: 1. Comments not topically related to the particular site or blog article being commented upon; 2. Profane language or content, personal insults; 3. Content that promotes, fosters, or perpetuates any form of discrimination, harassment, and/or retaliation; 4. Sexual content or links to sexual content; 5. Solicitations of commerce; 6. Conduct or encouragement of illegal activity; 7. Information that may tend to compromise the safety or security of the public or public systems; or 8. Content that violates a legal interest of any other party. I. The Town’s PIO/Communications Manager shall be trained regarding Town Social Media and Policy Guidelines, including his/her responsibilities to review content submitted for posting to ensure compliance with this Policy. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 46 of 186 J. All Town social networking sites shall clearly indicate they are maintained by the Town of Trophy Club and shall have the Town’s contact information prominently displayed. K. Where appropriate, IT Security Policies shall apply to all Town social networking sites and articles. L. Employees using a Town email address and communicating in their official capacity will be considered to be conducting Town business. Employees conducting Town business via the Town’s social networking sites must conduct themselves at all times in accordance with all Town Policies and Procedures. M. Town employees must receive management approval to create a Town social networking site to conduct Town business. N. Employees found in violation of this Policy may be subject to disciplinary action, up to and including termination of employment. 110.03 PERSONAL BLOGGING AND SOCIAL NETWORKING ON WORKING TIME A. Employees may not use their Town e-mail address or communicate in their official capacity when posting on personal blogs or web pages or participating in non-work- related social networking activities. B. Employees may not post on a personal blog or web page or participate on a non- work-related social networking site during working time or at any time if using Town equipment or property. Working time is your scheduled time of work, not including lunch hour, breaks or time prior to or after your shift. 110.04 AUTHORIZATION Employees must obtain written permission before commenting about Town business or services in blogs or on social networking sites. If authorization is given, the employee must clearly and conspicuously disclose his/her employment with the Town when posting a comment. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 47 of 186 110.05 CONFIDENTIAL AND PROPRIETARY INFORMATION All Town policies and procedures regarding disclosure of confidential and/or proprietary information apply in full to all blogs and social networking sites. Confidential information includes, but is not limited to, any Town information not previously released by the Town. Confidential and/or proprietary information or similar information of third parties who have shared such information with the Town should not be shared on social media outlets. 110.06 DISCLAIMER Any employee who mentions the Town on a personal blog or social networking site must include a disclaimer that specifically states that the opinions and attitudes expressed are those of the employee alone and may not be aligned with those of the Town. It should be noted, however, that a disclaimer will not prevent an employee from being disciplined if their communication has the effect of violating any Town policy. 110.07 RESTRICTION ON VENDORS, SUPPLIERS, CLIENTS, AND CITIZENS Employees shall not cite vendors, suppliers, clients, citizens, or other stakeholders without their approval. Likewise, employees are prohibited from attempting to “friend” such individuals on any social or professional networking site, except where the contact has been divulged to the Town or in cases where there is a pre-established relationship outside the Town, which has been disclosed to and approved by the Town Manager or designee at the time of employment or distribution of this Policy. 110.08 DISCRIMINATION AND HARASSMENT All Company policies and procedures regarding discrimination, harassment, and retaliation apply in full force to blogs and social networking sites. The Town is committed to its Equal Employment Opportunity and does not tolerate discrimination, harassment, or retaliation. Employees are prohibited from engaging in any conduct, activities, communications, or postings, which violate Company policies regarding discrimination, harassment, and retaliation. No messages with derogatory or inflammatory remarks about any legally protected characteristic (including but not limited to: race; color; national origin; sex; disability; age; religion, veteran status, sexual orientation or preference; or genetic information) shall be transmitted or retrieved. Any conduct which is impermissible under the law if expressed in any other form or forum is also impermissible if expressed through blogs, social networks, text messages or other electronic means. 110.09 OTHER LAWS Employees must follow all copyright laws, public records laws, and any other laws that apply to each employee’s functional area. 110.10 MEDIA CONTACTS Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 48 of 186 Media contacts made through blogs or social networks regarding the Town, its services or employees should be referred for coordination and guidance to the PIO/Communications Manager. 110.11 RIGHT TO MONITOR The Town reserves the right to monitor all public blogs and social network forums for the purposes of protecting its interests and monitoring compliance with Town policies. If activity is found to be compromising or insubordinate, the Town may require cessation and removal of any detrimental commentary or postings. The Town reserves the right to access any Town computers and electronic communication devices to monitor blogs and online websites Employees should not maintain any expectation of privacy with respect to information transmitted over, received by, or posted on such sites. 110.12 REPORTING If an employee believes that a blog or other online communication violates any Town policy, the employee should immediately report the blog or online communication to PIO/Communications Manager. The Town will investigate the matter, determine whether such blog, posting, website, or communication violates Town policy, and take appropriate action, if necessary. 110.13 VIOLATIONS OF POLICY Any employee who violates this Policy will be subject to disciplinary action, up to and including termination of employment. Additionally, violations of this Policy may result in criminal prosecution, reimbursement of expenses incurred as a result of the violation, and additional legal action. 110.14 DEFINITIONS For the purpose of this Town of Trophy Club Social Media Policy, the following terms are defined as provided below: A. Article: An original posting of content to a Town of Trophy Club social media site by a Town of Trophy Club author. B. Author: An authorized Town of Trophy Club official that creates and is responsible for posted articles and information on social media sites (see article above). C. Comment: A response to a Town of Trophy Club article or social media content submitted by a commenter. D. Commenter: A Town of Trophy Club official or member of the public who submits a comment for posting in response to the content of a particular Town of Trophy Club article or social media content. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 49 of 186 E. PIO/Communications Manager: An authorized Town of Trophy Club official, who reviews, authorizes and allows content submitted by Town of Trophy Club authors, and public commentators to be posted to a Town of Trophy Club social media sites. F. Social Media Sites and Social Networking: Both terms are used to refer to social Internet sites or websites wherein information is created, exchanged, or provided by/to third parties and individuals. Examples of social media include Facebook, blogs, MySpace, RSS, YouTube, Second Life, Twitter, Linkedln, Delicious, Flicker, and blogs of all types, etc. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 50 of 186 111.00 SOLICITATION/SALES ON TOWN OF TROPHY CLUB PROPERTY 111.01 POLICY/PURPOSE Public property, such as Town buildings, facilities, parking lots, grounds and other real property, is held in trust for the public. It is to be used for governmental and public purposes. The purpose of this Policy is to underscore the fact that public property is not to be used for private gain, unless private gain is merely an incidental result of a use primarily public in nature, or for the comfort, convenience, and benefit of Town employees as public servants. Solicitation requests will be reviewed on a case-by-case basis. The purpose of this Policy is to provide guidance on what is a "sale or offer of sale" permissible on public property as serving a governmental or public purpose. 111.02 SALES OR OFFERS OF SALE ON TOWN PROPERTY Unless otherwise allowed by this Policy, solicitation is not permitted of or by Town employees during working hours or on any Town property. "Solicitation" is any act or attempt to advertise, market, or sell any product or service or to seek employee membership in any organization, or to obtain a donation/contribution. A Town employee may only solicit on Town property as specifically provided in these policies and/or under the following circumstances: 1. An employee may sell fund raising items to co-workers in accordance with Town Policy. If a fund raising sale is to occur in a location available to the public and/or multiple departments, the sale must be with approval of the Town Manager. All requests must be submitted in writing to Human Resources and then the Town Manager or the Town Manager’s designee for approval. (Examples: Girl Scout cookies, Passbooks, gift-wrap, candy, candles, and other similar items sold in non- profit fundraising. Other examples are the Town "soup kitchen," sales in connection with United Way campaigns and similar sales of goods or services for fund raising purposes.) 2. An employee or other person authorized by their Department Head may take or place orders by, from, or for Town employees for Town or departmental logo items such as shirts, hats, jackets, and promotional items. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 51 of 186 Activities described in this Policy shall not interfere with Town employees' performance of their duties and the Town has the discretion to discontinue any solicitation or sale at any time. Solicitation on Town property is prohibited by persons who are not Town employees, in accordance with federal, state, and local law regarding use of Town property. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 52 of 186 201.00 STANDARDS OF CONDUCT 201.01 POLICY/PURPOSE It is the Policy of the Town that certain conduct rules regarding employee behavior are necessary for the productive and efficient operation of the Town and for the benefit and protection of all employees. 201.02 EXPECTED CONDUCT In keeping with the Policy/Purpose outlined above, employees are, at a minimum, expected to demonstrate the following standards of conduct: A. Comply with all Town policies and procedures; B. Be courteous and respectful to anyone in contact with the Town and to any member of the public while in the course and scope of Town business; C. Report to work on time as scheduled and at the assigned location; D. Timely notify your immediate Supervisor if you will be absent from work or unable to report to work on time. E. Wear appropriate clothing for the work you are to perform; F. Perform assigned tasks efficiently and effectively; G. Maintain cleanliness and orderliness in your work area; H. Cooperate fully in any investigation that the Town may undertake; I. Comply with all applicable federal and state laws and regulations; J. Report all felony convictions which occurred prior to or after your date of hire to your immediate Supervisor. 201.03 PROHIBITED CONDUCT The following is a list of prohibited conduct, which may subject an employee to disciplinary action. This list is not intended to be exhaustive, but merely illustrative. A. Violation of Town policies and procedures; Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 53 of 186 B. Excessive and/or unapproved absences or tardiness; C. Falsifying any Town record, report, or application; D. Being impaired in the workplace due to the influence of intoxicating beverages or other drugs or substances; E. Being insubordinate, threatening, Intimidating, assaultive or disrespectful toward a manager, supervisor, coworker, vendor, a member of the public, or anyone in contact with the Town; F. Theft or misuse of Town property or the property of a Town employee; G. Accessing; using; and/or disclosing confidential information of the Town or its employees without approval or a legitimate business purpose to do so; H. Any form of gambling, including betting pools, on Town premises and/or on working time; I. Any form of harassment, discrimination or retaliation in the workplace; J. Dereliction of duty, including, but not limited to, failure to observe and follow the rules or standard operating procedures of an employee's department or the Town; and/or failure to secure or report the loss of Town property. 201.04 VIOLATIONS The Town may take disciplinary action, up to and including termination of employment for violations of this Policy. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 54 of 186 202.00 ETHICAL CONDUCT 202.01 POLICY/PURPOSE Town employees must not engage in any activities, transactions, or relationships that are incompatible with the impartial, objective, and effective performance of their duties, or that are adverse to the Town’s interest, or that adversely affect the Town’s reputation. No employee shall solicit, accept, or give any gift, gratuity, favor, entertainment, reward, or any other item of monetary value that might influence, or appear to influence, the judgment, or conduct of the employee’s job performance. The Town encourages its employees to fully exercise their constitutional rights as citizens to vote and participate in political activities, however, Town employees are subject to the restrictions specified in this Policy relating to use of work time, Town property, or use of their official status in political activity. 202.02 GENERAL PROVISIONS Employees shall avoid any action, whether or not specifically prohibited, which might result in or create the appearance of: 1. Using public office for private gain; 2. Giving preferential treatment to any organization or person; 3. Impeding government efficiency or economy; 4. Losing complete independence or impartiality of action; 5. Making a government decision outside official channels; 6. Affecting adversely the confidence of the public in the integrity of the government; or 7. Connection of the employee's public employment or position with any policy, practice, standard, position, advertisement, product, or service not officially sanctioned by the Town. Public employment or position includes the name or logo of the Town, the name of its departments, or the use of its offices. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 55 of 186 202.03 CONFLICTS OF INTEREST A. Financial Interests 1. State Law Restrictions. Texas Local Government Code, Chapter 171, prohibits Town officials, both elected and appointed, from acting as a surety for a business having a contract with or performing work for the Town, or acting as a surety for any official bond required of a Town officer. The statute also restricts voting or decision-making in certain circumstances on matters involving businesses or real property in which the official or certain relatives have an ownership interest or receive income. 2. Town Restrictions. No employee shall have a pecuniary interest in any exchange with, purchase by, or sale of property, goods, or services with the Town, unless the employee has disclosed the pecuniary interest to the appropriate Department Head before any contact with the Town concerning the transaction. The Department Head must notify the Town Attorney's Office of the potential conflict. a. This prohibition also applies where the pecuniary interest is held by the employee’s spouse, child, parent, parent-in-law, brother, sister, grandparent, or grandchild, or other such in-laws. b. Even if no conflict of interest is determined to exist: 1) Employees shall receive no favor or special concession or inducement not customarily available and granted by the Town in such a transaction; and 2) Any discretion by officers or employees of the Town in connection with any such transaction shall be exercised impartially and upon the same standards applied to all Trophy Club citizens. B. Representing Others. An employee is prohibited from: 1. Appearing and serving as a designated spokesperson or representative for another person or persons, or any group or entity, in presentations before the Town Council or any Town department, agency, commission, or board on a matter related to his or her duties. This prohibition does not apply to: a. Appearances or representations made by an employee in the official discharge of duties; b. An employee expressing personal views for or against any issue pending before the Town; or Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 56 of 186 c. An employee representing another employee, or group of employees, to the extent authorized by the Texas Government Code, Section 617.005, related to wages, hours of work, terms or conditions of work. 2. Directly or indirectly representing another person, or any group or entity: a. In any action or proceeding where any law, policy, or procedure of the Town is in issue; b. In any litigation in which the Town or any Town department, agency, commission or board is a party; or c. In any court action or proceeding that was initiated by a Town officer or employee in the course of official duties, or in any proceeding in which any Town officer or employee is a witness. 202.04 USE OF POSITION OR INFORMATION A. Use of Official Position. An employee shall not use official position, official identification card, or Town business card for personal or financial gain, for obtaining privileges not otherwise available to the employee, or for soliciting donation/contributions, except in the performance of assigned duties or where authorized by the Town Manager. An employee may not lend official identification card or Town business card to another person or permit it to be photographed or reproduced without approval. B. Use of Name, Photograph, or Title. An employee shall not permit or authorize use of name, photograph, or official title which identifies the employee as a Town employee, or permit or authorize the name or logo of the Town, or any of its departments or offices, or property of the Town to be used in connection with testimonials or advertisements of any commodity or commercial enterprise, for any personal reasons, or for soliciting donations/contributions without the approval of the Department Head. C. Disclosure of Information. No employee shall make known any information concerning an investigation, a known or reported law violation, a condition against which action is to be taken at a future time, or any proposed law enforcement action to any person not authorized to receive it. An employee shall treat the official business of the Town as confidential and shall disseminate information regarding official business only to those for whom it is intended in accordance with established Town procedures and consistent with the Texas Public Information Act. An employee may remove or copy official records or reports from a Town office only in accordance with established procedures. An employee shall not promise confidentiality, except when authorized by proper authority and necessary in the performance of his/her work. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 57 of 186 D. Use of Information Systems. An employee shall not use information obtained in the course and scope of employment, including Town reports, records, files, or contacts with citizens, to contact any person for any purpose other than official business. E. Suggestions Pertaining to Services. An employee shall not recommend or suggest in any manner the employment or procurement of a particular product, professional service, or commercial service (such as an attorney, doctor ambulance service, towing service, plumber, mechanic, etc.) unless permitted by applicable Town ordinance, when authorized by proper authority, or in the transaction of personal business. F. Limitations on Bail. Employees shall not furnish non-cash bail nor act as principal or surety on any bail bond or bail bond application for any person charged with any type of criminal offense presented by Trophy Club officers, or arising out of an incident occurring in the Town, except for members of their immediate family spouse, children, brothers, sisters and parents). 202.05 GIFTS AND GRATUITIES A. State Law Prohibitions. Employees are prohibited from the following criminal acts specified in Texas Penal Code Chapter 36: 1. Bribery, which is defined as offering or receiving benefits for acts, decisions, opinions, recommendations, votes, or discretion (Penal Code 36.02); 2. Coercion of an employee to influence exercise of official power or duty (Penal Code 36.03); 3. Private communication to improperly influence an employee's official discretion in an adjudicator proceeding (Penal Code 36.04); 4. Tampering with witnesses, which is defined as offering or receiving benefits or coercion for false or withheld evidence, eluding legal process, or avoiding attendance (Penal Code 36.05); 5. Retaliation against an employee, witness, or informant for their service (Penal Code 36.06); and 6. Gifts from those regulated, inspected, investigated, in custody, in litigation (actual or planned), or interested in, or likely to be interested in any transaction involving the employee's discretion (Penal Code 36.08). Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 58 of 186 B. Town Restrictions. The Town also imposes restrictions on acceptance of gifts and gratuities by employees. As used in this section, “gift and gratuity” means a payment, loan, subscription, advance, deposit of money, services, goods, merchandise, tickets, cash, present or promised, unless consideration of substantially equal or greater value is received. "Gift and gratuity" may include any tangible or intangible benefit in the nature of gifts, favors, entertainment, discounts, passes, transportation, accommodation, hospitality, or offers of employment. 1. Prohibitions. Unless specifically indicated in this Policy as permitted: a. An employee shall not accept nor solicit by request or exhibiting identification including wearing of a uniform) any gift or gratuity, including food or drink for the employee or others from any individual, business establishment (profit or non-profit), or merchant including, but not limited to existing or potential vendors or contractors, franchisees, licensees, and/or customers of the Town. b. An employee shall not receive under any pretense or seek, ask, or share in any fee, reward, or other reimbursement or gratuity for the performance of official duties; and c. These prohibitions apply equally to receipt or solicitation by the employee’s spouse, child, parent, parent-in-law, brother, sister, grandparent, or grandchild. 2. Permitted Gifts and Gratuities. The following activities are permitted: a. Solicitation or acceptance of anything from a friend or relative unrelated to any employee duties or Town business and based upon a personal or family relationship; b. Participation in the activities of or the acceptance of an award for a meritorious public contribution or achievement from a charitable, religious, professional, social, or fraternal organization, or from a non-profit educational, recreational, public service, or civic organization; c. Participation in widely-attended luncheons, dinners, and similar gatherings sponsored by industrial, technical, or professional associations for the discussion of matters of mutual interest to the Town. Payment by the Town for attendance by Town employees at such functions is encouraged; d. Acceptance, not otherwise prohibited by law or policy, of unsolicited advertising products or promotional material, such as pens, pencils, note pads, calendars, and other items under nominal value of not more than $25; Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 59 of 186 e. Transportation, meals, or accommodations not excessive or extravagant in nature provided in connection with seeking other employment and not otherwise prohibited by this policy. The employee must notify Human Resources and the Town Manager; f. A gift or gratuity extended to the entire Town or an entire department, extended through and approved by the Town Manager; g. Acceptance of gifts including, but not limited to services, furniture, equipment, and materials intended for use by the Town or a department: 1) Gifts valued at $1,000 or less when approved by the Department Head; 2) Gifts valued in excess of $1,000 when approved by the Town Manager. Any employee or department representative who is offered or who receives any item on behalf of the Town or a department will immediately report the offer or item to the employee’s immediate Supervisor. Where practical, receipt should not be made until a report is made and approval to accept is obtained, h. Acceptance of benefits, food, drink, lodging, transportation, or entertainment not otherwise permitted under this Policy, but specifically authorized in writing by the Town Manager or the Town Manager’s designee for an employee’s group as incident to the normal course of and in furtherance of Town business. The employee shall file a monthly disclosure report to the allowing authority for review and indication of approval. 3. Questionable Cases. When any gift/gratuity is offered to an employee and it cannot be determined whether the acceptance would be prohibited or permitted, the employee shall submit the gift/gratuity proposal through the Department Head, or the Town Manager’s designee, or Town Manager for approval or denial. The proposal must include a description of the gift, name of the donor (if known), when the gift was received, and explanation of the proposed disposition of the gift. 4. Denied or Prohibited Gifts or Gratuities. If a gift or gratuity is presented that is denied by the Department Head, or the Town Manager’s designee, or Town Manager, or is prohibited under this Policy, the following procedures should be followed: a. If the donor is known, the employee must return the gift or gratuity. b. If the donor is unknown, the employee will deliver the gift or gratuity to the immediate Supervisor, who will donate the gift or gratuity to a non-profit charitable organization. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 60 of 186 202.06 HONORARIA AND EXPERT TESTIMONY A. Honoraria. Texas Penal Code Sec. 36.07 prohibits employees from soliciting, accepting, or agreeing to accept an honorarium (whether a one-time fee for one occasion, duty, or service, or for multiple occasions, duties, or services) from any non-Town source for services the employee would not have been requested to provide, but for the employee's official position or duties. 1. The prohibitions include both on-duty and off-duty occasions. 2. Certain transportation, meals, and lodging expenses are permitted by law. Approval by the Department Head for such activity, on or off duty, and the expense reimbursement is required. 3. Honorarium does not include witness fees required by law. B. Expert Testimony. Employees may not provide expert testimony without prior coordination and approval of the Town Manager and coordination with the Town Attorney's Office. Any fee tendered for the appearance of a Town expert witness may be accepted, if the appearance is approved and coordinated as required. C. Use of Town Employees, Information, or Property. No honorarium or expert testimony activity may involve use of information or Town property or employees not available to the general public, unless the Town Manager gives written authorization that such use is in the public interest. 202.07 POLITICAL ACTIVITY A. Definitions 1. Political party: A national or state political party or an affiliated organization of such. 2. Election: Includes primary, special, and general elections. 3. Nonpartisan election: An election at which none of the candidates are to be nominated or elected as representing a political party, any of whose candidates for presidential election received votes in the most recent election at which time presidential electors were selected; and/or an election involving a question or issue which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance, or any question or issue of similar character. This includes Town Council elections of the Town. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 61 of 186 4. Partisan election: An election at which any of the candidates are to be nominated or elected as representing a political party, any of whose candidates for presidential elector received votes in the most recent election at which presidential electors were elected; and/or an election involving a question or issue which is specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance, or any question or issue of a similar character. 5. Political purposes or activities: Conduct in the furtherance of nonpartisan or partisan elections and/or of legislative actions by a governmental body. 6. Employee shall include trial, regular full-time, regular part-time, seasonal, temporary, and reserve Peace Officers. B. Prohibited Political Activities. No employee shall: 1. Engage in political activities: a. That are a violation of law or that are prohibited by this Chapter; b. While on duty; c. While in a uniform or vehicle that identifies the employee as a Town employee; d. By use of the employee's official title or status; or e. In the offices, buildings, or non-public areas of Town property, except for permitted activities in the furtherance of legislative action authorized by the Town Manager or the Town Council, in accordance with sanctioned Town business. 2. Become a candidate for, or campaign for election to: a. Public office in a partisan election if the employee's principal employment is in connection with an activity, which is financed in whole or in part by loan or grants made by the United States or a federal agency; b. Any elective public office in any election, if the office sought has direct or indirect contractual relation with the Town, presents a conflict of interest with the employee's employment, and the employee holds a policy-making position with the Town; (this restriction does not apply to the offices of justice of the peace or county commissioner); or c. The office of mayor or council member of the Town. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 62 of 186 3. Make, solicit, collect, or receive a political contribution at or in an office or building of the Town; 4. Solicit, collect, or receive contributions for candidates, except from members of an employee organization to which the employee belongs; 5. Use official capacity to influence, interfere with, or affect the results of any election or nomination for office; 6. Address, appear at, or participate in political gatherings in support of or in opposition to a candidate when the employee is acting in an official capacity or with use of the job or duty title or status as an employee; 7. Directly or indirectly coerce, attempt to coerce, command, or advise a state or political subdivision officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or 8. Take an active part in managing the campaign for office of a candidate for Trophy Club mayor or Town Council. C. Permitted political purposes or activities. In the capacity of a private individual and not as a Municipal employee, a private individual may otherwise participate fully in any other public affairs in a manner, which does not materially compromise the efficiency or integrity of the employee as an employee, or the neutrality, efficiency, or integrity of the employee's department, division, or office. Employees are specifically permitted to: 1. Register and vote in any election; 2. Express opinions as individuals, privately and publicly, on political issues and candidates; 3. Hold membership in a political party or other political organization and participate in its activities to the extent consistent with the law and this policy; 4. Attend a political convention, rally, fundraising function, or any other political activity not in violation of federal, state, or local laws; 5. Sign political petitions as individuals; 6. Make a financial contribution to a political party, organization, or candidate; 7. Serve as an election judge or clerk, except when prohibited by the Texas Election Code, Chapter 32; Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 63 of 186 8. Display campaign signs on the premises of private yards and homes, place bumper stickers on private vehicles, or wear campaign buttons or badges when off duty and not in a uniform or vehicle that identifies one as an employee of the Town; 9. Become a candidate in an election other than those prohibited in B.2. above; 10. Work in campaign headquarters of Trophy Club Mayor or Town Council candidates, or other candidates; 11. Endorse or oppose a candidate for Trophy Club Mayor, or Town Council, or other office; 12. Serve as an officer of a political party, or a member of a national, state, or local committee of a political party, or as an officer or member of a committee of a political club, or be a candidate for any such positions, or campaign on behalf of, or in opposition to a candidate for any such positions; 13. Organize or reorganize a political party, organization, or club; 14. Organize, sell tickets to, or actively participate in a fund-raising function for a political party or candidate; 15. Take an active part in managing the political campaign of a candidate for public Office in an election other than for Trophy Club Mayor or Town Council, or for a candidate for political party office; 16. Solicit votes in support of, or in opposition to any political candidate; 17. Serve as a delegate, alternate, or proxy to a political party convention; 18. Act as recorder, watcher, challenger at the polls, or drive voters to the polls on behalf of a partisan political party or candidate 19. Endorse or oppose a candidate in an election for public office in a political advertisement, broadcast, or campaign literature, except by use of the employee's job or duty title, or status as an employee; 20. Address a political convention, caucus, rally, or similar gathering except by use of the employee's job or duty title, or status as an employee; 21. Initiate or circulate a nomination petition or political petition as an individual; or 22. Distribute a card or other political literature relating to the campaign of a candidate. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 64 of 186 202.08 REPORTING PROCEDURES It is the responsibility of each employee to report knowledge of actual or perceived Ethical violations. All actual or perceived violations of fraud, wasted, misuse, or misconduct by employees should be reported as soon as possible to your immediate Supervisor, Human Resources, or any other member of management. Reports may also be made anonymously by utilizing one of the following: English Speaking Reporting Phone Line – 844-280-0005, Spanish Speaking Reporting Phone Line – 800-216-1288, or Online at www.lighthouse-services.com/trophyclub Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 65 of 186 203.00 ETHICS HOTLINE 203.01 SCOPE This policy applies to all Town of Trophy Club employees, including part time, seasonal, temporary, and contract employees. 203.02 PURPOSE The Town is committed to the highest possible standards of ethical, moral, and legal business conduct. In conjunction with this commitment and the Town’s commitment to open communication, this policy aims to provide an avenue for employees to raise concerns and reassurance that they will be protected from reprisals or victimization for whistleblowing in good faith. However, if an employee feels that their anonymity is not required then they should follow the Town’s existing Employee Complaint Policy and Procedures. 203.03 POLICY The Ethics Hotline policy is intended to cover serious concerns that could have a large impact on the Town of Trophy Club, such as actions that: May lead to incorrect financial reporting; Are unlawful; Are not in line with Town policy; or Otherwise amount to serious improper conduct. Regular business matters that that do not require anonymity should be directed to the employee’s supervisor and are not addressed by this policy. 203.04 SAFEGUARDS A. Harassment or Victimization. Harassment or victimization of individuals submitting hotline reports will not be tolerated. B. Confidentiality. Every effort will be made to protect the reporter’s identity by our hotline vendor. Please note that the information provided in a hotline report may be the basis of an internal and/or external investigation by our company into the issue being reported. It is possible that as a result of the information provided in a report the reporter’s identity may become known to us during the course of our investigation. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 66 of 186 C. Anonymous Allegations. The policy allows employees to remain anonymous at their option. Concerns expressed anonymously will be investigated, but consideration will be given to: The seriousness of the issue raised; The credibility of the concern; and The likelihood of confirming the allegation from attributable sources. D. Malicious Allegations. Malicious allegations may result in disciplinary action. 203.05 PROCEDURE A. Reporting. The Hotline procedure is intended to be used for serious and sensitive issues. Serious concerns relating to financial reporting, unethical or illegal conduct, should be reported in either of the following ways: English speaking Reporting Phone Line – 844-280-0005 Spanish speaking Reporting Phone Line – 800-216-1288 Online at www.lighthouse-services.com/trophyclub Reporters to the hotline will have the ability to remain anonymous if they choose. Please note that the information provided by you may be the basis of an internal and/or external investigation into the issue you are reporting and your anonymity will be protected to the extent possible by law. However, your identity may become known during the course of the investigation because of the information you have provided. Reports are submitted by Lighthouse to Human Resources or its designee, and may or may not be investigated at the sole discretion of the Town Manager. Employment-related concerns should continue to be reported through your normal channels such as your immediate supervisor, Department Head, or other member of management, or Human Resources. B. Timing. The earlier a concern is expressed, the easier it is for the Town to take action. C. Evidence. Although you are not expected to prove the truth of an allegation, the employee submitting a report needs to demonstrate in their hotline report that there are sufficient grounds for concern. 203.06 HOW THE REPORT WILL BE HANDLED The action taken will depend on the nature of the concern. Human Resources receives a copy of each report and follow-up reports on actions taken by the Town. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 67 of 186 Initial Inquiries. Initial inquiries will be made to determine whether an investigation is appropriate, and the form that it should take. Some concerns may be resolved by agreed upon action without the need for an investigation. Feedback to Reporter. Whether reported directly to Town personnel or through the hotline, the individual submitting a report will be given the opportunity to receive follow- up on their concern: Acknowledging that the concern was received; Indicating how the matter will be dealt with; Giving an estimate of the time that it will take for a final response; Telling them whether initial inquiries have been made; Telling them whether further investigations will follow, and if not, why not. Further Information. The amount of contact between the individual submitting a report and the body investigating the concern will depend on the nature of the issue, the clarity of information provided, and whether the employee remains accessible for follow-up. Further information may be sought from the reporter. Outcome of an Investigation. At the discretion of the Town and subject to legal and other constraints the reporter may be entitled to receive information about the outcome of an investigation. The Town of Trophy Club reserves the right to modify or amend this policy at any time as it may deem necessary. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 68 of 186 204.00 WORKPLACE VIOLENCE 204.01 POLICY/PURPOSE The Town's Policy is to promote a safe environment for our employees and the visiting public, and to work with our employees to maintain a work environment that is free from all actual or perceived threats, aggression, intimidating or harassing behavior, sabotage, stalking, damage to property, or acts of violence, including assault. 204.02 PROHIBITED CONDUCT A. Acts prohibited by this Policy include, but are not limited to: 1. Assault; 2. Intentionally damaging Town property or property of another employee; 3. Intimidating or harassing behavior; 4. Sabotage; 5. Stalking; 6. Threats; and/or 7. Committing acts of workplace violence. B. Any employee determined to have committed such acts will be subject to disciplinary action, up to and including termination of employment. C. The Town encourages employees to bring their incidents or disputes with other employees to the attention of their immediate Supervisor, Department Head, or Human Resources before the situation escalates. 204.03 DEFINITIONS A. The definitions below are provided for use in the context of this Policy and should not be construed as legal definitions. 1. Assault. To attack someone verbally or physically, causing bodily or emotional injury, pain, and/or distress. This might involve the use of a weapon, and includes actions such as hitting, punching, pushing, poking, or kicking. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 69 of 186 2. Intimidating or Harassing Behavior. Threats or other conduct which in any way create a hostile environment, impair Town operations; or frighten, alarm, or inhibit others. Psychological intimidation or harassment includes making statements which are false, malicious, disparaging, derogatory, rude, disrespectful, abusive, obnoxious, insubordinate, or which have the intent to hurt others' reputations. Physical intimidation or harassment may include holding, impeding or blocking movement, following, stalking, touching, or any other inappropriate physical contact or advances. 3. Sabotage. An act to destroy, damage, incapacitate, or contaminate property, equipment, supplies, or data (e.g., hard copy files and records, computerized information, etc.); to cause injury, illness, or death to humans; or to interfere with, disrupt, cripple, disable, or hinder the normal operations or missions of the Town. 4. Stalking. A pattern of conduct that includes approaching or pursuing another person with an intent to place that person in reasonable fear of serious bodily injury or death to him/herself or to a third party, such as repeatedly showing up at a person’s house after being told to stay away, as opposed to a one-time event. Stalking can also be characterized by less direct actions, such as repeatedly contacting someone through the mail, phone, or internet, or leaving unwanted gifts or messages. In Texas, stalking is treated as a 3rd degree felony, which means that it is often punishable with a prison sentence. If convicted of another charge of stalking, it is considered to be a 2nd degree felony. 5. Threat. Any oral or written expression or gesture that could be interpreted by a reasonable person as conveying an intent to cause physical harm to persons or property. Statements such as, "I'll get him" or "She won't get away with this" could be examples of threatening expressions depending on the facts and circumstances involved. 6. Workplace Violence. An action, including verbal, written, or physical aggression, which is intended to control or cause, or is capable of causing, death or serious bodily injury to oneself or others, or damage to property. Workplace violence includes, but is not limited to abusive or aggressive behavior toward others, including assault, intimidating or harassing behavior, and threats. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 70 of 186 204.04 REPORTING PROCEDURES It is the responsibility of each employee to report knowledge of actual or perceived workplace violence. All actual or perceived threats, aggression or other acts of workplace violence, should be reported as soon as possible to your immediate Supervisor, Department Head, Human Resources, or any other member of management. This includes actual or perceived threats, aggression, intimidation, harassment, sabotage, stalking, or acts of violence by employees, customers, vendors, solicitors, or other members of the public. Reports may also be made anonymously by utilizing one of the following: English Speaking Reporting Phone Line – 844-280-0005, Spanish Speaking Reporting Phone Line – 800-216-1288, or Online at www.lighthouse-services.com/trophyclub 204.05 AMERICANS WITH DISABILITIES ACT (“ADA”) IMPLICATIONS A. The ADA is relevant to the issue of workplace violence. Employees who threaten or commit acts of violence may seek leave or other accommodation under the ADA because of debilitating psychological conditions that may lead to violence, but the laws do not shield employees from the consequences of violent behavior. Employees must be qualified to perform the essential functions of the position, with or without a reasonable accommodation. Victims of threatening or violent behavior may also seek protection after being victimized if they develop debilitating psychological conditions that limit their ability to perform the essential functions of the position with or without a reasonable accommodation. B. In the context of workplace violence, an individual may be denied employment or discharged where: (1) that individual poses a direct threat to the health and safety of others; and (2) the direct threat cannot be reduced or eliminated by a reasonable accommodation without undue hardship. A direct threat of violence is generally understood to mean a specific and significant risk of violence coupled with a high probability of substantial harm. It is determined on a case-by-case basis. 204.06 FAMILY AND MEDICAL LEAVE ACT (“FMLA”) IMPLICATIONS The FMLA guarantees an eligible worker the right to take up to 12 weeks of unpaid, job- protected leave in a year to care for one's own serious health condition or to attend to family members' serious health conditions. If a mental or physical injury occurs due to workplace violence, an employee may be eligible to utilize this leave for care of the injury. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 71 of 186 204.07 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION STANDARDS OSHA) A. OSHA establishes standards for maintaining safe work environments. The standards require that the Town furnish to each of its employees, a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm. OSHA investigates and makes determinations about violations to its standards. To prove a violation, OSHA must find that the employer failed to keep the workplace free of a hazard to which employees of that employer were exposed, the hazard was recognized, the hazard was causing or was likely to cause death or serious physical harm, and there was a feasible and useful method to correct the hazard. B. OSHA has developed guidelines to help prevent workplace violence. Employers can be cited if there is a recognized hazard of workplace violence in their establishments and they do nothing to prevent or abate it. C. Other Responsibilities. The Town may also need to be aware of other laws and regulations that impact their response to violence in the workplace. For example, most states now have stalking laws that prohibit willful, malicious, and repeated following and harassing of another person. These stalking laws would prohibit this type of behavior at work as well. Retraining orders and protective court orders are another measure used in the community for preventing further violence, threats, or harassment. They are issued by a court and forbid, for a specified period of time, one party from making contact with another. It is important that appropriate persons in the agency know about these orders so that the individuals can be protected at work, particularly when the two parties work together. Individual states also have laws related to safety and health in the workplace, which typically mirror OSHA. Some recognize violence as a workplace hazard and others do not. 204.08 LINKS www.lighthouse-services.com/trophyclub Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 72 of 186 205.00 HARASSMENT, DISCRIMINATION, AND RETALIATION 205.01 POLICY/PURPOSE The Town is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, the Town expects all relationships among persons in the workplace to be free of discrimination and harassment of any kind. The Town specifically prohibits discrimination, harassment, and/or retaliation. The Town encourages reporting of all incidents of discrimination, harassment, or retaliation. It is the policy of the Town to investigate all such reports. The Town prohibits retaliation against any individual who reports in good faith any discrimination or harassment, or participates in an investigation of such reports. 205.02 SEXUAL HARASSMENT A. Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA). Employees are expected to maintain a productive work environment that is free from harassing or disruptive activity. No form of harassment will be tolerated. B. Each Supervisor and Department Head has a responsibility to keep the workplace free from any form of harassment, in particular, sexual harassment. No Supervisor or Department Head is to threaten or insinuate, either implicitly or explicitly, that an employee’s refusal or willingness to submit to sexual advances will affect the employee’s terms or conditions of employment. C. Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: 1. Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual’s employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 73 of 186 D. Sexual harassment is unacceptable and will not be permitted. Sexual harassment is a form of misconduct that includes, but is not limited to: 1. Unwanted physical contact or conduct of any kind, including sexual flirtations, touching, advances or propositions; 2. Verbal harassment of a sexual nature, such as lewd comments, innuendos, sexual jokes or references, and other offensive personal references; 3. Demeaning, insulting, intimidating, or sexually suggestive comments about an individual; 4. The display in the workplace of demeaning, insulting, intimidating, or sexually suggestive objects, pictures, graffiti, cartoons, magazines, calendars, posters, pictures, or photographs; 5. Demeaning, insulting, intimidating or sexually suggestive written, recorded or electronically transmitted messages, voice mails, emails, IM’s, text messages, chat room and blog messages, and; 6. Other verbal and physical conduct of a sexual nature where: a. Submission to or rejection of the conduct is used or threatened to be used as a condition of employment; b. Submission to or rejection of the conduct is used or is threatened to be used as the basis for employment decisions; c. The conduct has the purpose or effect of unreasonably interfering with an individual’s work performance; or d. The conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment. 7. Depending upon the circumstance, improper conduct also can include vulgar or offensive conversation or jokes, commenting about an employee’s physical appearance, conversation about your own or someone else’s sex life, or teasing or other conduct directed toward a person because of his or her gender which is sufficiently severe or pervasive to create an unprofessional and hostile working environment. E. Sexual harassment can occur in a variety of circumstances, including, but not limited to, the following: 1. The harasser can be the employee’s Supervisor, a Supervisor in another area, an agent of the employer, a co-worker, or a non-employee. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 74 of 186 2. The employee does not have to be the person harassed, but can be anyone affected by the offensive conduct. 3. The employee as well as the harasser may be a woman or a man. The employee does not have to be of the opposite sex. F. Prevention is the best way to eliminate harassment in the workplace. The Town strives to take appropriate steps to prevent and promptly correct any unlawful harassment. Unwelcome harassing conduct will not be tolerated. Rather, the Town strives to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed. G. Employees are encouraged to tell an alleged harasser directly that the conduct is unwelcome and must stop. Employees should also report any harassment to his/her immediate Supervisor, Department Head or Human Resources as soon as possible to prevent its escalation. H. Conduct prohibited by these policies is unacceptable in the workplace as well as in any work-related setting outside the workplace, such as during business trips, business meetings, and business-related social events. 205.03 OTHER FORMS OF HARASSMENT A. Other forms of prohibited harassment include harassment based on race, color, religion, national origin, age (40 or older), veteran status, disability, citizen status, sexual orientation or preference, and genetic information. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws. B. Prevention is the best way to eliminate harassment in the workplace. The Town strives to take appropriate steps to prevent and promptly correct any unlawful harassment. Unwelcome harassing conduct will not be tolerated. Rather, the Town strives to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed. C. Employees are encouraged to inform a harasser directly that the conduct is unwelcome and must stop. Employees should also report any sexual harassment to his/her immediate Supervisor, Department Head or Human Resources as soon as possible to prevent its escalation. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 75 of 186 D. Conduct prohibited by these policies is unacceptable in the workplace as well as in any work-related setting outside the workplace, such as during business trips, business meetings, and business-related social events. 205.04 DISCRIMINATION No employee shall discriminate against or favor any individual on the basis of race, color, religion, national origin, age (40 or older), veteran status, disability, citizen status, sexual orientation or preference, and genetic information, or any other category protected by law. 205.05 RETALIATION The Town prohibits retaliation of any kind against a person who reports discrimination or harassment, or other unprofessional or unethical conduct, or who participates in an investigation of a claim of discrimination or harassment, is prohibited. Acts of retaliation should be reported immediately and will be promptly investigated and immediate and appropriate action will be taken. 205.06 REPORTING A. The Town encourages reporting of all incidents of discrimination, harassment, or retaliation, regardless of the identity or position of the alleged offender. A person who believes that he or she has been the subject of such conduct should discuss those concerns with his/her immediate Supervisor, Department Head, or Human Resources as soon as possible to prevent its escalation. B. Individuals who believe they are being subjected to such conduct should promptly advise the alleged offender that the behavior is unwelcome and request that it be discontinued. Often this action alone will resolve the problem. If the conduct persists, the employee should file a formal complaint with Human Resources. C. All immediate Supervisors are required to consult with Human Resources any time an individual notifies them of conduct that may constitute harassment, discrimination, or retaliation. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 76 of 186 205.07 COMPLAINT PROCEDURE A. As noted in this Section, individuals who believe they have been subjected to prohibited conduct or believe they have witnessed such conduct may file a formal complaint with Human Resources. The complaint must be in writing on the form provided and should include a detailed account of the incident or incidents, including dates, times, and names of witnesses and other persons involved. B. Any reported allegations of harassment, discrimination, or retaliation will be investigated promptly by Human Resources or designee. Human Resources or designee will meet with the individual within five (5) calendar days after receipt of the complaint and shall investigate the complaint and render a decision to the person within a reasonable amount of time and without undue delay after meeting with the individual. C. If the complaining person is not satisfied with the decision of Human Resources or designee, that party may, within five (5) calendar days of receipt of the decision, appeal to the Town Manager for final disposition. The Town Manager or designee shall review the complaint and the investigation conducted and/or conduct further investigation, and render a decision within a reasonable period of time and without undue delay. D. Confidentiality will be maintained throughout the investigation process to the extent possible. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 77 of 186 206.00 DRUGS AND ALCOHOL IN THE WORKPLACE 206.01 POLICY/PURPOSE This Policy is intended to provide a drug and alcohol-free work place, which will foster safety and productivity for Town employees. To further this objective, the following Policy regarding alcohol and drug use in the work place has been established. 206.02 APPLICATION OF POLICY This Policy applies to all Town employees regardless of rank or position and includes temporary, contract and part-time employees. 206.03 USE OF ALCOHOL IN THE WORK PLACE Consuming alcoholic beverages while on duty or in uniform or while in any Town facility or on Town property is prohibited. Employees must not report to work or be on duty while under the influence of alcohol. Employees shall not bring into or store alcoholic beverages in any Town premises or vehicle. 206.04 USE OF DRUGS IN THE WORK PLACE Notice to immediate Supervisor. When controlled substances, narcotics, or hallucinogens, or any other drugs that adversely affect an employee’s ability to safely perform job duties are used or prescribed for use during work hours, or the side effects could be experienced during work hours, the employee should notify his/her immediate Supervisor. 206.05 PRE-EMPLOYMENT SCREENING A. Test required. Individuals who seek employment with the Town will be required to submit to a pre-employment drug test. All such tests will be conducted under the supervision of the Town's designated physician or testing facility. B Consent. All job applicants will be required to sign a consent form authorizing pre- employment drug testing and the use of test results in employment decisions. Applicants who refuse to sign the consent form will not be considered for employment. C. Positive test. An applicant with a confirmed positive test for any drug for which he or she does not have a valid medical prescription, has two inclusive test results, or a double dilute result will not be considered for employment. The applicant may be reconsidered for employment after a period of 12 months. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 78 of 186 206.06 REASONABLE SUSPICION TESTING A. Test required. When a supervisor or other member of management has a reasonable suspicion that an employee, at work or when reporting to work, appears to be under the influence of drugs and/or alcohol, or appears otherwise impaired, and unfit for duty, the employee will be required to consent to a drug and/or alcohol test. B. Reasonable suspicion. Reasonable suspicion is a decision made based on specific facts and reasonable inferences drawn from an employee’s actions and appearance that cause a supervisor or other member of management to have an individualized suspicion that the employee is under the influence of drugs or alcohol. Circumstances which constitute a factual basis for determining reasonable suspicion may include, but are not limited to: 1. Direct observation of drug or alcohol use or possession; 2. Possession of drug paraphernalia; 3. Observation of physical symptoms of drug or alcohol use, such as slurred speech, red watery eyes, dilated pupils, drowsiness, or sleeping; 4. Sudden, unexplained personality changes, drastic mood swings, or changes in personal habits, including inattention to personal hygiene or frequently borrowing money; 5. Documented deterioration of an employee's job performance, which may include excessive absenteeism or tardiness; 6. Information provided by a reliable or credible source which is independently corroborated; 7. Involvement in accidents or injuries in which obvious precautions were not taken, improper or careless orders were given, or an unusually reckless attitude is present, or 8. Arrest or conviction for a drug or alcohol-related offense on or off the job, or the identification of an employee as the focus of a criminal investigation into illegal drug use, possession, or trafficking. C. Reasons for reasonable suspicion shall be documented. In establishing a basis for reasonable suspicion, the immediate Supervisor or other member of management will interview the employee about possible causes for the observed behavior, and will describe the incident in writing by completing a Report of Reasonable Suspicion. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 79 of 186 D. Review of documentation. Once the interview has taken place and the appropriate documentation is completed, the highest-ranking available department official must contact Human Resources for a review of the documentation. Human Resources must concur with the department official's recommendation before an alcohol and/or drug test is performed. If Human Resources concurs, the employee will be given the Post-Accident and Reasonable Suspicion Drug/Alcohol Testing Consent Form and the Drug and/or Alcohol Test Authorization Form to authorize the drug test. E. Procedures/Rules. A consenting employee must be driven to the testing facility and then home by his/her immediate Supervisor, or designee. The employee will not be allowed to return to work until the results of their test have been returned from the testing facility. An employee who refuses to consent to the drug and/or alcohol test as required by this Policy will be immediately relieved from duty and will be subject to termination of employment. In no instance shall an employee be allowed to drive their personal vehicle or a Town vehicle following a reasonable suspicion drug and/or alcohol test. F. Positive Test. An employee with a verified positive test for alcohol and/or any drug included as part of the Town’s drug testing process, or any drug for which he/she does not have a valid medical prescription, will be subject to termination of employment. G. Human Resources will keep drug and/or alcohol test results in a separate file from an employee’s personnel file, and that file will remain confidential. 206.07 POST-ACCIDENT TESTING A. Basis for Testing. Any employee involved in an accident that involves a Town motor vehicle or a work related accident, injury or illness that results in any lost time, personal injury, medical treatment, or property damage will be required to submit to post-accident drug and/or alcohol testing. Forms and instructions are located at the end of this Policy and in the Documents Section within ESS. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 80 of 186 B. Procedures/Rules. When a work related accident, injury or illness occurs, the employee or employees involved must immediately notify their immediate Supervisor, who will immediately notify Human Resources who will initiate the post- accident drug and/or alcohol testing process. Once the drug and/or alcohol testing is initiated, the employee must be driven to the testing vendor and then home by his/her immediate Supervisor, or designee. The employee will not be allowed to return to work until the results of his/her test has been returned from the vendor. An employee who refuses to consent to the drug and/or alcohol test will be subject to termination of employment. If a work related accident, injury, or illness happens after hours, the required forms and process is available within the Documents section within ESS and at the end of this Policy. Additional information regarding work related accident, injury, or illness is available in Section 703.00 (Workers’ Compensation.) C. Positive Test. An employee with a verified positive test for alcohol and/or any drug included as part of the Town’s drug testing process, or any drug for which he/she does not have a valid medical prescription, will be subject to termination of employment. 206.08 RANDOM TESTING A. Random Testing. Random drug testing pertains to all employees in USDOT Safety Positions. An employee, as a condition of employment, shall agree to submit to drug and alcohol testing when selected by a random selection process in accordance with Town policies. Employees will be selected for testing on a random basis in a manner to ensure that each covered employee has a substantially equal chance of selection. The testing frequency selection process is such that an employee’s chance of selection continues to exist throughout his/ her employment. Random drug testing will be administered according to the general guidelines of the Department of Transportation Random Drug Testing Program. B. Random Selection Positions. 1. USDOT Safety-sensitive positions are those positions identified by the United States Department of Transportation as safety-sensitive and subject to USDOT rules relating to drug and /or alcohol testing. Those covered include Town employees who are Commercial Driver’s License (CDL) holders who operate a Commercial Motor Vehicle. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 81 of 186 2. Safety Impact Positions are those positions involving job duties which if performed with inattentiveness, errors in judgment, or diminished coordination, dexterity, or composure may result in mistakes that could present a real and/or imminent threat to the personal health and safety of the employee, co-workers, and/or the public. Any employee who operates a Town-owned or leased vehicle or motor driven or heavy equipment as part of their primary duties is in a safety impact position. Employees who drive on Town business are in safety impact positions if they drive as a regular, primary, or substantial part of their duties on behalf of the Town. The Town Manager shall designate the positions subject to such testing. C. Random Selection Process. The Town’s designated physician or testing facility will administer the random selection process to determine the names of those employees to be tested. Random Testing for alcohol and/or drugs shall be administered at current annual rates suggested by the DOT. 1. In the event an employee who is selected for a random alcohol test is on vacation or an extended medical absence, or not available for any other reason, the Town can either select another employee for testing or keep the original selection confidential until the employee returns. 2. The testing shall be unannounced and spread reasonably throughout the calendar year. Each employee selected for random controlled substances testing shall proceed immediately to the testing site upon notification of being selected. D. Procedures/Rules. When selected for random drug and/or alcohol testing, employees and their immediate Supervisors will be notified by Human Resources. The notification will be documented by completing a Notification for Random Drug/Alcohol Testing Form. E. Positive Test. 1. An employee with a verified positive drug test result must be immediately removed from performing safety-sensitive functions and will be subject to termination of employment. This action must be taken upon receiving the initial report of the verified positive test result. Supervisors should not wait to receive the written report of the verified positive result of a split specimen test. 2. If the Town receives a verified adulterated or substituted drug test result, the Town will consider this a refusal to test and immediately remove the employee involved from performing safety-sensitive functions and the employee will be subject to termination of employment. The Town will take this action on receiving the initial report of the verified adulterated or substituted test result, and will not wait to receive the written report or the result of a split specimen test. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 82 of 186 3. The Town will immediately remove an employee from involvement in safety- sensitive functions who receives an alcohol test result of 0.02 or higher, and the employee will be subject to termination of employment. The Town will not wait to receive the written report of the result of the test. 4. When an employee has a verified positive, adulterated, or substituted test result, or has otherwise violated a DOT agency drug and alcohol regulation, the Town will immediately remove the employee from safety-sensitive functions and the employee will be subject to termination of employment. 5. If the Town receives a drug test result indicating that the employee's urine specimen test was cancelled because it was invalid and that a second collection must take place under direct observation, the Town will: a. immediately direct the employee to provide a new specimen under direct observation; b. not attach consequences to the finding that the test was invalid other than collecting a new specimen under direct observation; c. not give any advance notice of this test requirement to the employee; d. instruct the collector to note on the CCF the same reason (e.g., random test, post-accident test) and DOT Agency (e.g., check DOT and FMCSA) as for the original collection; and e. ensure that the collector conducts the collection under direct observation. 6. If the Town receives a cancelled test result when a negative result is required e.g., pre-employment, return-to-duty, or follow-up test), the Town will direct the employee to provide another specimen immediately. 7. The Town may also be required to take additional actions required by DOT agency regulations. 206.09 PERIODIC/OTHER TESTING A. The Town may perform testing of an employee on a periodic basis in conjunction with his/her Commercial Driver’s License physical renewals. The Town also reserves the right to test an employee at the time that the employee is enrolled in a drug rehabilitation program and at any time during or for a period not to exceed 60 months after rehabilitation. The notification will be documented by completing a Notification of Selection for Periodic/Other Drug Testing Form. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 83 of 186 B. The Town may perform testing of an employee for drug or alcohol use, upon return to work following probation, suspension, layoff, or extended leave of absence or any other time in order to comply with State or Federal regulations. The notification will be documented by completing a Notification of Selection for Periodic/Other Drug Testing Form. C. Procedures/Rules. When scheduled for periodic or other alcohol and/or drug testing, employees and their immediate Supervisors will be notified by Human Resources. The notification will be documented by completing a Notification of Periodic/Other Drug/Alcohol Testing Form. 206.10 CONDUCTING DRUG AND ALCOHOL TESTS A. Testing facility. The Town will designate the vendor to perform any required testing, and is responsible for the cost of any required testing, which will be performed using a breath specimen, urine specimen, or other bodily fluid suitable for testing. B. Test Procedures. 1. Employees selected for alcohol and/or drug testing for any reason shall be notified by Human Resources and his/her immediate Supervisor to submit to the testing immediately. Employees will need to sign a consent form, consenting or refusing the drug and/or alcohol test. 2. Once an employee has been notified to take a drug and/or alcohol test, unless hospitalized, no sick or other leave may be authorized until the collection process is completed. 3. When drug screening is required or authorized under the provisions of this Policy, a urinalysis test will be given to detect the presence of amphetamines, cocaine metabolites, opiate metabolites, phencyclidine and marijuana metabolites or other drugs. 4. If an initial drug screen yields a positive result, a second confirmatory test, using a gas chromatography/mass spectrometry (GC/MS) test will be conducted on a portion of the same urine sample provided by the applicant or employee for use in the initial drug screen. 5. If an employee tests positive for drugs, abuse of legal drugs, and/or the presence of alcohol, he/she will be subject to termination of employment. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 84 of 186 6. Alcohol testing using the Department of Transportation’s certified Evidence Breath Testing (EBT) device shall be completed by a certified Breath Alcohol Technician (BAT). The minimum levels of positive test results are the levels authorized by the Department of Transportation. C. Any attempt by an employee to circumvent or manipulate the testing and/or screening process by using pre-tested urine or other urine not then and there provided from the body of the employee shall be deemed to be a positive test for the purposes of this Policy. 206.11 TEST RESULTS A. Human Resources will receive the results of the alcohol and/or drug tests of employees and applicants: 1. Test results will be held in the strictest confidence. The personal identification of the employee failing to pass the test will not be communicated to anyone other than the employee and the appropriate staff member and selected Town employees, on a need–to-know basis. For purposes of this section, those with a need-to-know will be Human Resources, the Town Manager, the Town Attorney, the Department Director of the department in which the employee works, and the employee's immediate Supervisor. The information may be released, if required, by court order from any court of competent jurisdiction. Employees who are tested will be provided with a copy of the test results if requested in writing. Dissemination of information relating to the results of any drug test conducted on any employee to any person, who has no need to know, may result in disciplinary action, including dismissal of the person disseminating the information. 2. Positive test. Any current employee who tests positive for the presence of drugs or alcohol in a reasonable suspicion, post-accident, random or periodic/other alcohol and/or drug test will be subject to termination of employment. 3. All records relating to the incident will be maintained by Human Resources. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 85 of 186 206.12 SELF-DECLARATION AS A SUBSTANCE ABUSER A. Participation in Town employee assistance program. Any employee may identify him or herself at any time as an abuser of drugs or alcohol and, voluntarily, through a recognized treatment program, seek counseling and rehabilitation. In these instances, the employee will be permitted the use of available leave subject to the provisions of Section 500.00. Employees undergoing treatment will be required to authorize disclosure of their progress in treatment to Human Resources. Employees who fail to actively participate in and comply with the rules of the rehabilitation program will be subject to immediate revocation of their leave and termination of employment. B. A Self-Declaration may not be used to avoid drug or alcohol testing. This section is not intended to provide a means for an employee to avoid any required drug and alcohol testing. Once the process of establishing reasonable suspicion has been initiated, or an accident or injury has occurred, an employee may not seek treatment in an effort to avoid testing and possible disciplinary action. 206.13 DRUG OR ALCOHOL CONVICTIONS A. Notification required. Any employee who is convicted of criminal activity involving the illegal use or possession or distribution of drugs must notify the employee's immediate Supervisor no later than five (5) days after a conviction or after entering a plea of guilty or no contest. Failure to do so may result in disciplinary action, up to and including termination of employment. B. Conviction during working hours. Employees who are found guilty, plead guilty or no contest to a violation of criminal drug and alcohol statutes, which occurred during working hours, will be subject to termination of employment. C. Other Convictions. Except as provided by Subsection (b), employees who are convicted of a violation of any drug or alcohol law may be allowed to remain employed by the Town, depending on the circumstances of their arrest and conviction, and the nature of their position with the Town. Continued employment with the Town will be contingent upon the employee's active participation in a recognized treatment program and the employee's work performance. Any convicted employee who is allowed to remain employed will be subject to periodic testing as provided in Section 206.08. 206.14 EMPLOYEE ASSISTANCE A. Referral. The Town will provide employees with information regarding the Town’s Employee Assistance Program (“EAP”). EAP information is available from Human Resources. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 86 of 186 B. Leave for treatment. Employee assistance activities, such as referral appointments, will be treated on the same basis as other personal business or health matters with regard to use of available leave. Available leave may be taken as needed. 206.15 FOLLOW-UP TESTING OF KNOWN SUBSTANCE ABUSER Employees who have completed a drug or alcohol rehabilitation program will be subject to periodic, unscheduled testing for a period of one (1) year after completion of the program. Employees who successfully complete treatment for use of drugs or alcohol and subsequently are found, during working hours to be in possession of or under the influence of drugs or alcohol or drugs, or test positive at any time will be subject to termination of employment. 206.16 DISCLOSURE OF PRESCRIPTION OR OVER-THE-COUNTER DRUG USE TO IMMEDIATE SUPERVISOR A. Notification required. The Town recognizes that employees may, from time to time, need to take prescription or over-the-counter medications that may cause the effects of light-headedness, weakness, dizziness, drowsiness, sedation, loss of coordination, disorientation, or other comparable side effects. The employee is required to notify the employee's immediate Supervisor prior to reporting for duty if the employee's performance is compromised or diminished from use of prescription or over-the-counter drugs. It is the responsibility of employees to request reassignment to other duties, if needed, for the duration of impairment, or to request the use of available leave. The Town reserves the right to have a physician of its own choice determine if the medication produces hazardous effects at the prescribed dosage and may restrict the employee’s work activity. B. Failure to notify. Employees who fail to notify their immediate Supervisor of an impairment under Section A, and who continue to work, may be required to take available leave, or to perform other assignments and may be subject to disciplinary action, up to and including termination of employment. 206.17 EMPLOYEES ON DESIGNATED STAND-BY STATUS OR SUBJECT TO CALL BACK A. On-call employees. Employees who are designated for "on-call status" are expected to be free of drugs or alcohol, and available to report to work for the duration of their on-call status. "On-call" employees who fail to report to a call to duty, or who report for duty under the influence of drugs or alcohol, may be subject to drug and alcohol testing and disciplinary action, up to and including, termination of employment. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 87 of 186 B. Emergency duty. The Town recognizes that, in rare instances, employees who are not designated for call-back may be requested to report for emergency or unexpected duty. Employees who may be under the influence of alcohol or legally obtained medication must report this fact to their immediate Supervisor and must decline calls for emergency duty. In this event, the employee will not be subject to any disciplinary action. Emergency duty employees who fail to report to a call to duty, or who report for duty under the influence of drugs or alcohol, may be subject to drug and alcohol testing and disciplinary action, up to and including, termination of employment. 206.18 OFF-DUTY CONDUCT It is not the Town's intent to intrude upon the private lives of its employees. The Town does, however, reserve the right to take disciplinary action, up to and including termination of employment, in the event that an employee's off-duty involvement with drugs or alcohol is damaging to the Town's reputation or business, or interferes with the employee's job duties. 206.19 SEARCHES When reasonable suspicion, as defined by this section exists, the Town reserves the right to conduct unannounced searches for unauthorized substances anywhere on Town property, including, but not limited to, lockers, desks, file cabinets, Town vehicles, and employees' personal vehicles parked on Town parking lots. Personal property on Town premises shall be subject to such searches. All such searches must be authorized and conducted under the direction of the Town Manager, and the grounds for suspicion must be described in writing prior to the search. Employees who refuse to cooperate during unannounced searches shall be subject to disciplinary action, up to and including termination of employment. 206.20 FORMS ESS website Drug and/or Alcohol Test Authorization Form Post-Accident and Reasonable Suspicion Drug/Alcohol Testing Consent Form Report of Reasonable Suspicion Work Related Post Accident & Illness Reporting & Testing Protocol Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 88 of 186 207.00 SMOKE AND TOBACCO FREE WORKPLACE 207.01 POLICY/PURPOSE To protect and enhance air quality and contribute to the health and well-being of all employees, volunteers and visitors, the Town shall be entirely smoke free. Specifically, the Town prohibits smoking and/or vaping of any kind on Town premises. Prohibited products include tobacco (including chewing tobacco), e-cigarettes, e-cigars, e-pipes, e-hookahs or any other product used for smoking purposes. Further, the Town specifically precludes smoking on Town premises as follows: A. On Duty. Employees and volunteers are prohibited from smoking in Municipal buildings and facilities, Town parking lots, or Town vehicles. For the purposes of this prohibition, employees may smoke only in specifically designated areas at least 25 feet away from the building entrance, any operable windows, and ventilation systems of enclosed areas on Town premises. All materials used for smoking in designated smoking areas, including, but not limited to, cigarette butts and matches, will be extinguished and disposed of in appropriate containers. B. Off Duty. Except where otherwise provided, off duty employees and volunteers are subject to the rules applicable to the public in Town buildings and facilities; no smoking or use of other smoking-related products is permitted within Town buildings or facilities. C. In Vehicles. Smoking and using tobacco products is prohibited in all Town vehicles at any location. Failure to comply may result in disciplinary action up to and including termination. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 89 of 186 208.00 DRESS CODE 208.01 POLICY/PURPOSE The Town of Trophy Club intends that work attire should complement an environment that reflects efficient, orderly, and professionally operated organizations. All employees will be well groomed, neat, and dressed appropriately for their job function. While we trust each employee’s common sense and good judgment, a dress code must be followed that is appropriate and conducive to the work environment. Management adopted a casual business dress code but emphasizes some positions may call for a more professional attire. Appropriate dress and hygiene are important in promoting a positive image to our residents. We want to stress a Casual Business Dress Code Policy is a benefit and must be adhered to in order to be retained. Dress Code. There may be times when more customary business attire would be appropriate, for example, for attendance at Council meetings, when meeting with clients, a resident, vendor, or are representing the Town of Trophy Club at an outside community function. Employees who are hosting or attending meetings with clients, vendors, or employees from another municipality should wear appropriate clothing, which may include business attire. This Policy does NOT require employees to purchase casual business attire. Employees who prefer to dress in formal or traditional business attire should feel free to do so. 208.02 GENERAL PROVISIONS The dress code guidelines apply to all full-time, part-time, temporary, seasonal, uniformed, and non-uniformed employees. Clothing must be in good condition, pressed, clean, properly fitting, and non-revealing. 208.03 DEPARTMENTAL PROCEDURES A. Due to the many types of jobs within the Town of Trophy Club, several different dress standards are necessary. An employee should comply with his or her department’s dress and safety standards. B. Uniformed personnel will comply with the dress code established with in their department. 1. Employees required to wear uniforms and/or specified apparel will be provided new uniforms and apparel with required insignia upon employment. Replacement uniforms and apparel will be furnished at the expense of individual department on an “as needed” basis and per individual department guidelines. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 90 of 186 2. Uniform shirts must be worn buttoned and tucked in at all times. Uniform long trousers/pants must be worn at all times and be free of rips, holes, or tears. 3. Uniformed employees who terminate employment with the Town of Trophy Club must return all uniforms and apparel issued by the Town of Trophy Club in order to receive his/her final paycheck. Immediate Supervisors are responsible for the removal and return of identifying patches and insignia. C. Each department determines what type of footwear to be worn based on the safety needs of the job. D. In instances where this Policy conflicts with department dress codes, the more restrictive Policy will apply. E. The provisions established in this Policy apply in normal work situations; however, there may be instances where exceptions may be made, including, but not limited to special work assignments or inclement weather. When a specific short-term situation dictates or when medical conditions exist, a Department Head may authorize exceptions to this Policy. 208.04 APPLICATION A. Managers and immediate Supervisors are responsible for interpreting and enforcing dress and grooming standards in their areas of responsibility. This includes counseling employees whose appearance is inappropriate. Reasonable accommodation will be made for employees' religious beliefs and disabilities whenever possible and consistent with the business necessity to present a professional appearance to the public. Questions or complaints that cannot be handled to an employee's satisfaction by his or her immediate Supervisor or manager should be taken to Human Resources. B. Any employee whose appearance does not meet these standards will be counseled by his/her immediate Supervisor or Manager. If the appearance is unduly distracting or the clothing is unsafe, the employee may be sent home to correct the problem. Non-exempt employees will be sent home without pay. Repeated disregard for this dress code may result in disciplinary action up to and including termination of employment. 208.05 GUIDELINES FOR ACCEPTABLE ATTIRE A. Choose business casual clothing that communicates professionalism. B. Take your workday schedule into account when you are dressing. Casual business attire means clothing that allows employees to feel comfortable at work, yet appropriate for an office environment. Casual business attire for non-uniformed employees includes, but is not limited to: Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 91 of 186 1. Men’s Acceptable Attire Business suits/Dress slacks/Neckties Khakis/Docker style pants/slacks/corduroys Sport coats/Blazers/Cardigans/Vests Collared long/short sleeved shirts (including denim) both pullover/button down Polo/Knit type shirts Sweaters Turtlenecks/Banded collar shirts Dress/Casual socks Oxfords/Wingtips/Loafers/Topsiders/Boots Jeans, not frayed, faded, or with holes can be worn only on Fridays, or at Town Manager’s discretion. 2. Women’s Acceptable Attire Suits/Dresses/Skirts (including denim) no shorter than 4 inches above the knee (the knee being defined as beginning at the center of the kneecap) Pantsuits/Dress slacks/Khakis/Docker style pants/Corduroys Sweaters/Blouses/Polo/Knit type shirts Blazers/Vests Heels (open/closed toed)/Dress sandals/Flats/Loafers/Boots (Dress Sandals are defined as a leather sandal having a strap around the heel or ankle or the Y shape strap from the sides of the foot to the gap between the big toe and the other beside it.) Crop/Capri pants – acceptable length is anywhere from right above the anklebone to lower calf and made of material other than denim, fleece, or spandex. Jeans, not frayed, faded, or with holes can be worn only on Fridays, or at Town Manager’s discretion. Again, these lists are provided for illustrative purposes only and not for the purpose of limitation. 208.06 GUIDELINES FOR UNACCEPTABLE ATTIRE A. The Town of Trophy Club wishes to provide a work environment that is free of safety hazards, offensive behavior, and harassment of any kind. In keeping with the current dress code, the need for proper appearance from all staff is expected. Therefore, the following guidelines of dress from all employees: 1. Clothing should be worn and fit in such a manner that it does not expose the abdomen, chest, or buttocks areas. 2. Clothing should be free of sexually related references, foul language, or suggest or promote the use of illegal drugs. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 92 of 186 3. Clothing, to include jewelry and hair, should not be loose or dangle in such a way that it creates a safety hazard. 4. Body piercing jewelry will only be worn on the ear. No other areas of the body should be visible with body piercing jewelry. 5. Tattoos must be appropriate in content and in keeping with a professional image. 6. Do not wear athletic type sleeveless shirts, halter tops (sleeveless shirt in which a strap goes around the back of the neck), beachwear, shorts, spandex or other form fitting pants, work-out attire, flip flops of any kind or slippers, distracting, offensive or revealing clothes on ANY DAY OF THE WORK WEEK. B. Unacceptable business attire includes, but is not limited to: 1. Men’s Unacceptable Attire Athletic/Workout Wear/Jogging/Wind Suits Sweat shirts/Pants Sleeveless Shirts/Muscle/Tank Tops/T-Shirt (graphic or logo) No socks Canvass shoes/Hiking/Military style boots/Clogs/Sandals/Flip-flops Beach Clothing/footwear Bare midriff Shear/See-through/revealing/provocative clothing Faded/frayed/cut off clothing or with holes Clothing with offensive terminology/graphics Shorts Shorts or pants that expose a portion of under garments Spandex Flip flops of any kind 2. Women’s Unacceptable Attire Suits/Dresses/Skirts shorter than 4 inches above the knee Dresses with halter tops/spaghetti straps/off shoulder/low cut/strapless, tank tops, backless Split-skirts/slit skirts with the slit higher than 4 inches above the knee Jeans that are not appropriately fitted, frayed, faded or with holes Crop/Capri Pants – pant that ends just below the knee T-shirts (graphic or logo) Athletic/Workout Wear/Jogging/Wind Suits Sweat shirts/pants Beach clothing/footwear (i.e. flip flops of any kind – thin rubber sole with two straps running in a Y shape from the sides of the foot to the gap between the big toe and the one beside it) Bare midriff Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 93 of 186 Shear/see-through/provocative/revealing clothing Faded/frayed/cut off clothing or with holes Stirrup-pants or leggings Clothing with offensive terminology/graphics Skorts Shorts, pants, skirt, or skorts that expose a portion of under garments Spandex Again, these lists are provided for illustrative purposes only and not for the purpose of limitation. If an employee is not sure whether something is appropriate attire, they should consult with their Department Head. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 94 of 186 301.00 HIRING AND SELECTION 301.01 POLICY/PURPOSE The Town of Trophy Club is committed to hiring qualified employees, regardless of race, color, religion, sex, national origin, age, physical or mental disability, and/or sexual orientation or reprisal for participation in prior Equal Employment Opportunity “EEO” activity. Selection for employment with the Town is based on job-related qualifications and is contingent on satisfactory results on exams or tests, as required by law, successful completion of Pre-Employment requirements, and/or specific qualifications to perform job duties. 301.02 APPLICATION PROCESS A. Forms and Submission. 1. Applicants seeking full-time, part-time, or temporary employment or re- employment with the Town must submit a job application to Human Resources. 2. Current Town employees applying for promotional positions in the same department or positions in other departments must submit a job application to Human Resources in the same manner as external candidates. B. Falsified/Omitted Material Fact(s). Omission or falsification of any material fact on an application disqualifies an applicant for consideration for employment, transfer or promotion for at least 6 (six) months from the date of the application. The Town may further extend the ineligibility period in the case of a non-employee applicant and/or take disciplinary action up to, and including, termination against an employee applicant for such omission or falsification. 301.03 POSTING A. Job Posting. Job vacancies will be posted on the Town’s website, and other external bulletin boards deemed appropriate and likely to recruit and identify the most qualified candidates. The jobs may also be posted on departmental bulletin boards. Each vacancy will normally remain open for a minimum of two (2) weeks and the job posting will include the job title, department, job summary, essential duties, closing date, if applicable, and minimum qualifications. In general, notices of all job openings are posted, although the Town reserves its discretionary right not to post a particular opening. B. Applying for Job. Applications will only be accepted for positions that are posted. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 95 of 186 C. Internal Applicants. All employees, including part-time and seasonal, will submit a job application to Human Resources in the same manner as external candidates. These employees will be subject to the same tests as external applicants. An applicant’s current Immediate Supervisor may be contacted to verify performance, skills and attendance, and the personnel file may also be reviewed. Staffing limitations or other circumstances that might affect a prospective transfer may also be discussed. Employees who have a disciplinary counseling action on file within the last six (6) months or are on a suspension are not eligible to apply for posted jobs. 301.04 SELECTION A. Equal Employment Opportunity. Discrimination in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of Human Resources administration based on an employee's or applicant's race, color, religion, sex, national origin, age, physical or mental disability, and/or sexual orientation or reprisal for participation in prior EEO activity, is prohibited. B. Job-Related Criteria. Selection for employment with the Town is based on job- related criteria that may include, but are not limited to: 1. Possession of the necessary knowledge, skills, abilities, training, education, and experience required for the position; 2. Satisfactory results on performance tests, physical examinations, polygraph examinations, psychological examinations, credit verification as required because of job duties or law; and 3. Satisfactory completion of pre-employment requirements including background check, driving record, drug testing, employment and education reference checks, physicals and psychological exams, where required. C. Physical Exams. Physical exams will be required for Police, Fire, Crossing Guards, and Parks positions, and any other positions that the Town determines is required because of job duties. D. Minimum Age. Eighteen is the minimum age for Town employment, except for: 1. Fire uniformed services - age 21, 2. Police uniformed services - age 21, and 3. Seasonal – minimum age 16 for summer camp and community pool positions. 4. Selected seasonal and temporary positions where persons age 16 and over may be employed as allowed by law in jobs that are non-hazardous. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 96 of 186 E. Nepotism in Hiring. Employment of certain related persons by the Town or within designated Town departments is not allowed. The provisions of this Section applies to persons from outside the Town workforce who are applying for employment with the Town. Restrictions on persons who are already employed by the Town, and who become related to another person, who is employed by the Town, are specified in the Employment of Relatives/Nepotism Section (306.00). 1. Scope. For the purposes of determining a relative relationship (Nepotism) only, employee includes introductory, regular full-time, regular part-time, seasonal, temporary, and temporary agency workers, volunteers, Fire/EMS, and reserve Police Officers. 2. Relative. The following relatives are covered by these guidelines: a. Any person related by blood or adoption as follows: 1) mother or father; 2) daughter or son; 3) sister or brother; 4) grandmother or grandfather; 5) granddaughter or grandson; 6) niece or nephew; 7) aunt or uncle; 8) cousins; b. Any person who is married to any person specified in E.2.a above; or c. An employee's spouse and any person related to the employee's spouse as specified in E.2.a above. 3. Disclosure. All persons applying for employment are required to disclose any relative serving as the Mayor or as a Council or Board Member and any relative who is employed by the Town. 4. Prohibitions. a. Elected Officials' Relatives. No person who is related within the second degree by marriage (spouse and spouse’s children, parents, brothers, sisters, grandparents, and grandchildren) or within the third degree by blood (parents, children, brothers, sisters, grandparents, grandchildren, great-grandparents, great-grandchildren, aunts, uncles, nieces, and nephews) to the mayor or any member of the Town Council may be offered or accept employment with the Town. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 97 of 186 b. Executives. No person who is a relative (as defined in E.2.a above) of a council-appointed employee or the Town Manager may be offered or accept employment with the Town. A relative of a Department Head may not be offered or accept an Executive position within the Town. c. Employees' Relatives. No person who is a relative (as defined in E.2.a above) of a current Town employee may be offered or accept employment with the Town in the same department as his or her relative or where one relative would supervise another relative. d. Conflict of Interest. No person who is a relative (as defined in E.2.a above) may be offered or accept employment where the employment would constitute a perceived or determined to be an actual conflict of interest. e. Seasonal and Temporary employees’ relatives may be hired for these positions but cannot be in positions where one relative will supervise another relative (as defined in E.2.a above). 301.05 RE-EMPLOYMENT A. To be considered for re-employment, former employees must have demonstrated acceptable prior service with the Town and must meet the current minimum qualifications for the position for which they are applying. Re-hired employees are subject to the conditions of employment and benefits of a newly hired employee, except where specifically stated otherwise. Employees who separate employment with the Town and return to work as a regular employee within ninety (90) days from their separation date will have their service time adjusted to include their prior service. Employees who have adjusted service time will be granted the same benefits as employees with no break in service. B. See also Military Leave Section 505.00. 301.06 INTRODUCTORY PERIOD A. Applicability/Length. All new hire or re-hired full-time employees are required to successfully complete a performance introductory period of 6 (six) calendar months active duty in the position for which the employee was hired. For promoted, please see Section 304.06 Assessment Review Period. 1. A new hire or re-hired employee who fails to satisfactorily complete the performance introductory period may be dismissed. 2. The 6 (six)-month introductory period: a. Is extended for an additional 6 (six) months for Public Safety personnel in accordance with the Trophy Club Department of Public Safety Policies and Procedures; Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 98 of 186 b. May be extended for extenuating circumstances documented in writing what makes additional time necessary to effectively evaluate the employee, requested by the Department Head, and approved by Human Resources or the Manager’s designee. c. Completion of the introductory period does not entitle the employee to remain employed by the Town for any definite period of time. Both the employee and Town are free, at any time, with or without notice and with or without cause, to end the employment relationship. B. Restriction. No introductory employee may be reassigned, promoted, or allowed to voluntarily transfer during the introductory period unless the Department Head determines that such action is a business necessity. Any such actions must be discussed with Human Resources prior to taking any of these actions. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 99 of 186 302.00 WORK HOURS 302.01 POLICY/PURPOSE The Town of Trophy Club reserves the right to establish official work hours for any position to ensure accomplishment of the Town’s mission. 302.02 GENERAL PROVISIONS A. 40-hour Week. The Town has adopted a 40-hour workweek schedule for non- exempt employees, except for certain uniformed police or fire personnel. Work periods for police or fire personnel shall be in accordance with the Trophy Club Police or Fire Department Policies and Procedures. B. Except as specified in this Section, authorized paid leave is NOT considered hours worked. 1. For the purposes of calculating overtime; vacation and personal leave are considered as time worked. Time Off Certificates (TOC), holidays, bereavement, sick leave, jury duty, injury leave, compensatory time, military leave, and FMLA are not considered as time worked. (See Compensation Section 402.00). 2. Paid leave, Unpaid Leave and FMLA Leave are not considered hours worked for the purpose of determining eligibility for Family and Medical Leave Act (FMLA) leave. C. Additional Work. 1. All employees are required to work hours in excess of their official hours when necessary, as determined by department management. Such additional work assignments may be rotated and allocated among employees qualified to do the work in accordance with departmental policies regarding overtime and additional work assignments. Excess hours may be required or granted for a specified period of time, or on a regular basis as operating circumstances warrant. 2. Unless approved in advance by the employee's immediate Supervisor, performing work at any time other than, or in addition to authorized working hours, is prohibited. This includes, but is not limited to work before or after regular work hours, or work taken home. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 100 of 186 D. For employees who are not exempt from overtime payment under the Fair Labor Standards Act (FLSA), and where hourly computations are permitted for use of sick and vacation leave by exempt employees, work time or leave time will be computed to the nearest quarter hour. 302.03 INCLEMENT WEATHER A. Town offices and activities will remain open and in operation during established working hours unless the Town Manager declares the offices, excluding predetermined crews and emergency services, officially closed due to inclement weather. If the Town has not been officially closed, employees must make every effort to report to work even though driving conditions may be hazardous or may request leave as provided in these policies. B. The Town Manager, or designee, will make all decisions regarding delayed openings and closures of the Town related to inclement weather situations. The Town Manager will make any delayed opening or closure decisions by 6:00 a.m. the day of the inclement weather and employees will be notified via CTY and/or their immediate Supervisor. C. If the Town has not been officially closed, employees who are unable to report to work due to inclement weather must contact their immediate Supervisor in accordance with the Human Resources Policies & Procedure Manual and departmental procedures. An employee who fails to report to his/her immediate Supervisor may be subject to disciplinary action, up to and including termination. D. Compensation for absences related to inclement weather will be as follows: 1. Official Closing. If the Town Manager closes the Town Offices due to inclement weather, an employee scheduled to work at the facility will be paid his/her normal shift pay during the hours the Town Offices are officially closed. 2. No Official Closing. If the Town Manager does not close the Town Offices and an employee is unable to report to work due to inclement weather, compensation will be handled in the following manner: a. Non-exempt Employees. A non-exempt employee who misses work hours due to inclement weather may use accrued vacation time or personal leave. If an employee has no paid leave available, the employee may be granted authorized leave without pay. At the discretion of the Department Head, non- exempt employees may be allowed to make up hours missed. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 101 of 186 b. Exempt Employees. An exempt employee who misses work hours due to inclement weather may use accrued vacation time or personal leave if the absence is for a full workday. Neither the salary nor the leave accruals of an exempt employee will be docked for absences of less than one (1) full workday. c. Part-time and Seasonal Employees. A part-time or seasonal employee who is unable to report to work due to inclement weather will be paid only for hours actually worked. E. Early Closing. If the Town Manager closes the Town Offices early due to inclement weather, an employee who reported for work will be paid for the remainder of his/her normal shift. A non-exempt employee who remains, as part of a skeleton crew will be paid for hours worked and any applicable overtime. F. Emergency Services. Employees designated by their department as essential personnel or designated by the department head to provide emergency services will report to work as provided by their department rules during an official closing. 302.04 ON-CALL STATUS A. Some operational departments may designate non-exempt employees to be on-call to provide for after-hours service needs. Employees on-call are required to respond to an on-call assignment. Two forms of on-call are recognized for non-exempt employees, as follows: 1. Restricted on-call is the time spent on or away from Town premises, under conditions that prevent the employee from using the time for personal activities. All such time in readiness is considered compensation for restricted on-call. 2. Unrestricted on-call is all time, other than regularly scheduled working hours, when an employee is designated to be available for call-back. The employee is free to pursue personal activities, but must respond to being called back (paging, phone, or radio) within designated guidelines set by the Department Head. This is not considered time worked and is not compensable. If called back, however, call-back compensation will be paid. B. An employee is considered officially scheduled and designated as on-call only when approved by the employee’s immediate Supervisor or Department Head. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 102 of 186 302.05 ALTERNATE WORK SCHEDULES A. General Provisions 1. Subject to operational requirements, regular full-time employees may be permitted to work an alternate work schedule that allows the employee to work outside the normal work hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, as specified in this section. 2. Approval Process. Human Resources must review all alternate work schedules to ensure there is no conflict with statutory/regulatory requirements or Town policy. Any alternate work schedule for an individual must be agreed to in writing by the immediate Supervisor and the employee and must be approved by the Department Head prior to implementation. Proposed alternative work schedules for work groups that create operating and/or budget implications require the CFO’s approval prior to implementation. 3. Restrictions: a. The Town may cancel or suspend an employee’s alternative schedule privileges at any time, for any reason. b. Daily and weekly work schedules can be modified at the Town’s discretion to meet changing operational needs. c. Approval of an alternate work schedule does not restrict exempt employees from working more than their scheduled hours. d. Employees can be required to depart from an alternate schedule, as necessary, to work additional hours, to attend training, or for other business purposes determined by the Town. B. Flex-Time allows the employee to work outside the normal work hours of 8:00 a.m. to 5:00 p.m. but requires eight hours of work per day Monday through Friday. Flex- time schedules must include an unpaid daily meal break of at least 30 minutes. C. Compressed Work Week is a schedule that permits an employee to work the equivalent of a full week in fewer than five (5) days and will be at the discretion of the Town Manager. The 48-on/96-off schedule for Firefighters is not considered a compressed workweek. 1. No compressed workweek arrangement under which an employee is scheduled to work more than 12 hours per day on a regular basis is permitted. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 103 of 186 2. Employees who work a compressed workweek and are scheduled to work on a Town holiday receive the same amount of paid holiday leave (eight (8) hours) as other full-time employees. If, under the compressed work week schedule, the employee is scheduled to work more than eight (8) hours on a Town holiday and takes the day off; the employee must work additional hours within the same week, or supplement the holiday leave with accrued vacation leave or personal leave, to meet the 40-hour work requirement. 302.06 TELECOMMUTING Objective Telecommuting allows employees to work at home, on the road or in a satellite location for all or part of their workweek. Trophy Club considers telecommuting to be a viable, flexible work option when both the employee and the job are suited to such an arrangement. Telecommuting may be appropriate for some employees and jobs but not for others. Telecommuting is not an entitlement, it is not a companywide benefit, and it in no way changes the terms and conditions of employment with the Town of Trophy Club. A. Procedures Telecommuting can be informal, such as working from home for a short-term project or on the road during business travel, or a formal, set schedule of working away from the office as described below. Either an employee or a supervisor can suggest telecommuting as a possible work arrangement. All Town policies remain in effect while telecommuting. Any telecommuting arrangement made will be on a trial basis for the first thirty (30) days and may be discontinued at will and at any time at the request of either the telecommuter or the organization. Every effort will be made to provide 2 weeks’ notice of such change to accommodate commuting, child care and other issues that may arise from the termination of a telecommuting arrangement. There may be instances, however, when no notice is possible. B. Eligibility Individuals requesting formal telecommuting arrangements must be employed with the Town of Trophy Club for a minimum of 3months of continuous, regular employment and must have a satisfactory performance record. Eligible employees may be approved to telework 1-3 days per week decided upon by the employee’s director, Town Manager or his designee. It is mandatory for all personnel to report to the office every Tuesday, unless scheduled for leave, to ease the Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 104 of 186 scheduling of meetings, employee events or training. If for some reason, the employee cannot come into the office on this day; the employee must notify their direct supervisor for approval. Each department must have a minimum of one employee in the office every day of the week unless approved by the Town Manager or his designee. Before entering into any telecommuting agreement the employee and director/manager, with the assistance of the human resource department, will evaluate the suitability of such an arrangement, reviewing the following areas: Employee suitability: The employee and manager will assess the needs and work habits of the employee, compared to traits customarily recognized as appropriate for successful telecommuters. Job responsibilities: The employee and manager will discuss the job responsibilities and determine if the job is appropriate for a telecommuting arrangement. Approval will be based all or in part on assigned projects, urgency or criticalness of the job assignments, and the employee’s job classification. Equipment: Human Resources (HR), Information Services (IS) and the employee’s manager or director will evaluate equipment needs and workspace design considerations. The employee and manager will review the workspace needs and the appropriate location for the teleworking. Tax and other legal implications: The employee must determine any tax or legal implications under IRS, state and local government laws, and/or restrictions of working out of a home-based office. Responsibility for fulfilling all obligations in this area rests solely with the employee. If the employee and manager agree, and the human resource department concurs, a draft telecommuting agreement will be prepared and signed by all parties, and a thirty day trial period will commence. Evaluation of telecommuter performance during the trial period will include regular interaction by phone and e-mail between the employee and the manager, and weekly face-to-face meetings to discuss work progress and problems. At the end of the trial period, the employee and manager will each complete an evaluation of the arrangement and make recommendations for continuance or modifications. Evaluation of Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 105 of 186 telecommuter performance beyond the trial period will be consistent with that received by employees working at the office in both content and frequency but will focus on work output and completion of objectives rather than on time-based performance. C. Equipment On a case-by-case basis, management will determine, with information supplied by the employee and the supervisor, the appropriate equipment needs (including hardware, software,) for each telecommuting arrangement. The human resource and information system departments will serve as resources in this matter. Equipment supplied by the organization will be maintained by the organization. Equipment supplied by the employee, if deemed appropriate by the organization, will be maintained by the employee. The Town of Trophy Club accepts no responsibility for damage or repairs to employee-owned equipment. The Town reserves the right to make determinations as to appropriate equipment, subject to change at any time. Any computer equipment that will have access to key files or confidential files owned by the Town of Trophy Club shall be checked approved by the Information Services Department. Office equipment and supplies purchased by the employee could be eligible for reimbursement by the Town of Trophy Club depending on the work assignment, critical need and the employee’s job classification. Reimbursed office equipment and supplies shall not exceed $500.00 per fiscal year. Purchases should be approved before the time of purchase by the HR department and the employee’s director. Receipts for reimbursement shall be turned in to HR for processing. Equipment supplied by the organization is to be used for business purposes only. The telecommuter must sign an inventory of all Town property received and agree to take appropriate action to protect the items from damage or theft. Upon termination of employment, all Town property will be returned to the Town, unless other arrangements have been made. Employee agrees to abide by all technology use policies of the Town. Employee accepts responsibility to control all actions on the computer. The employee will establish an appropriate work environment. The Town of Trophy Club will not be responsible for costs associated with the setup of the employee’s home office, such as remodeling or for repairs or modifications to the home office space. Any remodeling or work done on an appropriate work environment is outside the scope of employee’s employment with the Town. Employee waives all claims for workers compensation if employee is injured while working on an appropriate work environment. D. Security Consistent with the organization’s expectations of information security for employees working at the office, telecommuting employees will be expected to ensure the Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 106 of 186 protection of the Town. Steps include the use of locked file cabinets and desks, regular password maintenance, and any other measures appropriate for the job and the environment. E. Safety Employees are expected to maintain their home workspace in a safe manner, free from safety hazards. Human resources department will provide each telecommuter with a safety checklist that must be completed at least twice per year. Injuries sustained by the employee in a home office location and in conjunction with his or her regular work duties are covered by the Town’s insurance on a case by case basis. Telecommuting employees are responsible for notifying their direct supervisor and human resources as soon as possible. The employee is liable for any injuries sustained by visitors to his or her home worksite. F. Time Worked Telecommuting employees who are not exempt from the overtime requirements of the Fair Labor Standards Act will be required to accurately record all hours worked using Tyler Incode Employee Self-Service System (ESS). Hours worked in excess of those scheduled per day and per workweek require the advance approval of the telecommuter’s supervisor. Failure to comply with this requirement may result in the immediate termination of the telecommuting agreement. G. Temporary Arrangements Temporary telecommuting arrangements may be approved for circumstances such as inclement weather, special projects or business travel. These arrangements are approved on an as-needed basis only, with no expectation of ongoing continuance. Other informal, short-term arrangements may be made for employees on family or medical leave to the extent practical for the employee and the organization and with the consent of the employee’s health care provider, if appropriate. All informal telecommuting arrangements are made on a case-by-case basis, focusing first on the business needs of the organization. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 107 of 186 303.00 CATEGORIES AND CLASSIFICATIONS OF TOWN EMPLOYEES 303.01 PURPOSE/POLICY Proper employee classification is necessary in order to administer salaries, determine eligibility under the Town’s employee benefit plans, and comply with employment and tax laws. The Town offers part-time, full-time, seasonal, and temporary employment opportunities to meet the organization’s staffing requirements. The Town also uses agency temporaries and contract workers as described in this Section to respond flexibly to changing workload requirements. All employees, whether full-time, part-time, seasonal, or temporary, are classified as exempt or nonexempt, according to federal regulations, for overtime and minimum wage requirements. 303.02 CATEGORIES AND CLASSIFICATIONS OF EMPLOYEES A. Employment status, continued employment, benefits, and termination procedures vary among the following categories of employees: 1. Regular full-time: Any employee with a regularly scheduled workweek of 30 hours in one position (or working an approved alternative schedule that is considered equivalent to 30 hours per week) who has completed his or her trial period. 2. Shift Personnel: Patrol and Fire Services assigned to an eight (8) or twelve (12)- hour shift in the Police Department or assigned to a 24-hour shift in the Fire Department unless otherwise mentioned. 3. Introductory: An employee during the initial six (6) months of employment of performance period as specified in the Hiring and Selection Section. 4. Regular part-time: Any non-exempt employee in a position with a regularly scheduled workweek of less than 30 hours. 5. Seasonal: An employee in a position for a specified length of time to perform work assignments of a recurring nature. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 108 of 186 6. Temporary: An employee in a position for a specified length of time to perform work assignments of a limited nature. Such employees have definite starting and ending dates of employment. Length of employment rather than number of hours worked is a distinguishing feature of such positions. Temporary employees may be either full-time or part-time. Temporary assignments cannot extend beyond six (6) months, or 1,000 hours, except with the approval of Human Resources. B. Compensation may vary between the following classifications of employees in compliance with the federal Fair Labor Standards Act: 1. Exempt employee: An employee who performs executive, administrative, professional, or certain computer functions, meets the FLSA Exemption Test Definition, and is paid on a salary basis regardless of the number of hours worked in a pay period and whereas salary is at least $47,476 per year. 2. Non-exempt employee: An employee who is not classified as exempt and is paid on an hourly basis for the number of hours worked. 303.03 TEMPORARY PERSONNEL A. Personnel from temporary agencies can be hired part-time or full-time by the Town to work for the duration of specific projects or assignments. Temporary contract assignments cannot extend beyond six (6) months, or 1,000 hours, except with the approval of Human Resources. 1. The temporary agency is responsible for hiring, training, assigning, disciplining, and firing its contract personnel. Agency temporaries take direction from, and are monitored by, their assigned Town Immediate Supervisor; however, the agency Immediate Supervisor is primarily responsible for monitoring the performance of the temporary contract personnel and taking any necessary disciplinary or corrective action. 2. Temporary personnel must meet the same pre-employment requirements that Town employees must meet. The temporary agency is responsible for ensuring that any temporary employee assigned to work at the Town meets the established pre-employment drug testing and background check requirements prior to placement. B. Immediate Supervisors or managers in need of temporary contract personnel must follow the requisition procedure specified below: 1. Requests for temporary personnel must be placed through Human Resources using the personnel requisition form. 2. For general clerical and administrative temporary personnel, requests must be made by 10:00 a.m. of the business day before the date the personnel are Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 109 of 186 required. Requests for temporary personnel with special skills must be made as far in advance as possible. 3. Human Resources requests temporary employees from approved temporary help agencies. Approved agencies are those that have provided the Town with certification that they are properly licensed by the state and will meet their payroll tax and other legal obligations with respect to the temporary workers, and are subject to a contract with the Town obtained pursuant to the bid process. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 110 of 186 304.00 CHANGES IN EMPLOYEE STATUS 304.01 POLICY/PURPOSE The evolving nature of serving both residents of and visitors to The Town of Trophy Club requires jobs to change, duties, and responsibilities to be altered, and employee movement within the organization. Employees may undergo any number of changes in status and/or compensation resulting from their performance, promotion, demotion, reassignment, or transfer. The purpose of this Section is to identify and describe the more common reason for these changes and the applicable process. 304.02 GENERAL PROVISIONS A. All promotions, demotions, reassignments, or transfers are contingent on position availability and the employee meeting the minimum qualifications. B. Status changes described in this Section may affect compensation, based on position classification. C. Except for temporary re-assignments in higher classifications for Firefighters and Police Officers, status changes described in this Section can only be effective at the beginning of a pay period. 304.03 PROMOTIONS AND DEMOTIONS A. Regular full-time employees may promote to higher-classified positions based on qualifying skills and demonstrated performance. B. Regular full-time employees may be demoted as the result of failure to meet minimum performance standards established for their position, disciplinary action, or job elimination due to business necessity. Demotions may be either permanent or for a predetermined specific period of time and may be used in conjunction with other disciplinary action. Disciplinary demotions will be accompanied by a reduction in salary in accordance with the Town Human Resources Policies and Procedures. 304.04 REASSIGNMENT A. Management Reassignment. An employee may be temporarily or permanently reassigned to a position in the same pay grade with different duties and responsibilities. This action may be taken at the discretion of management. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 111 of 186 B. Temporary Reassignment in Higher Classification. A regular full-time employee may be temporarily assigned to an acting status in a higher level position having different duties and responsibilities when: 1. An existing position is vacant or the incumbent is absent from work for not less than 30 days (30-day requirement not applicable to Firefighters and Police Officers due to Sec. 141.033 of the Texas Local Government Code); 2. Maintenance of department operational effectiveness precludes dispersing the duties of the position among other equally classified employees; 3. The employee meets the minimum qualifications of, and is capable of performing, the assigned duties of the higher level position; and 4. All temporary assignments must be discussed with Human Resources and approved by the Town Manager or designee prior to any action being taken. C. Employee-Sought Reassignment. Regular full-time employees are allowed to voluntarily seek transfers to equally or lower-classified positions for which they are qualified, unless the transfer is not in the best interest of the Town. These reassignments may include pay reduction in salary depending on the placement of the employee in the new salary range. 304.05 POSITION RECLASSIFICATION Reclassification of a position may occur at the discretion of management when the job duties actually performed and the minimum qualifications of the position have significantly changed since the job description was written. Reclassification may result in a position being placed in a higher, lower, or same classification. Employees whose positions are reclassified will be given advanced written notice of the reclassification, including, any changes in salary or work hours by the immediate Supervisor. 304.06 ASSESSMENT REVIEW PERIOD A. Regular full-time employees who are promoted, transferred, reclassified, or demoted will be placed in an assessment review period of six (6) calendar months, during which time their performance and conduct will be reviewed. The six (6) -month assessment review period: 1. May be extended an additional six (6) months for the positions of police officer and firefighter as provided in the Trophy Club Department of Public Safety Policies and Procedures; Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 112 of 186 2. This period may be extended for extenuating circumstances, must be documented in writing, which indicates that additional time is necessary to effectively evaluate the employee, when requested by the department head and approved by Human Resources or his/her designee. B. A regular full-time employee who fails to satisfactorily complete the assessment review period may be dismissed unless, subject to position availability, employee qualifications, and management discretion, the employee can be returned to his or her former position or reassigned to a position classified equal to or below that held before the status change. Return to the former position and/or reassignment to an equivalent position are final non-appealable actions. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 113 of 186 305.00 PERFORMANCE PLANNING AND REVIEW 305.01 POLICY/PURPOSE The job performance of all employees will be reviewed periodically. Periodic formal performance review is intended to ensure that all employees: Are aware of what duties are expected; Understand the level of performance expected; Receive timely feedback about their performance; Have opportunities for education, training, and development; and Are evaluated in a fair and consistent manner. 305.02 GENERAL PROVISIONS A. The performance of employees will be reviewed: 1. Periodically during the performance introductory period after hiring, and the new assessment review period after promotion, reassignment, reclassification, or transfer; 2. For employees assigned to the police and fire services classifications, after completion of FTO Introductory Training Period, and 3. At least annually for Town employees. B. Interim reviews at intervening six (6)-month intervals, or more often if desired, by the immediate Supervisor and/or Department Head, are recommended to foster communication, assure a common understanding of purpose, and to assist in detecting any developing performance, attendance, or behavior related issues. C. Notwithstanding establishment of standardized periodic performance reviews in this Policy, employees and immediate Supervisors and/or Department Heads are encouraged to have frequent, informal discussions of performance when appropriate or necessary. D. Any employee who receives an overall “Does Not Meet Expectations” performance evaluation will be placed on a Performance Improvement Plan (PIP) to identify performance issues that require improvement, and set expectations for the next performance review period. Following a second “Does Not Meet Expectations” performance evaluation the employee they may be subject to disciplinary action up to and including termination. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 114 of 186 305.03 REVIEW PROCESS A. Together, the immediate Supervisor and/or Department Head and employee will discuss the employee's performance during the review period and plan for the next review period in order to: 1. Identify the goals and expectations of how duties are to be performed; 2. Identify the principal duties of the job and create a way to measure results; 3. Develop special objectives that recognize significant work or projects, if any; 4. Identify and address areas of employee development needs; and 5. Develop an action plan for training to improve or add skills. B. The immediate Supervisor and/or Department Head will document the employee's performance and the agreed upon plans on the prescribed form, after which the evaluating immediate Supervisor and/or Department Head and employee will discuss and sign the approved review document. The employee will be given the opportunity to read the performance review and provide comments. C. If the employee disagrees with the performance review, they may submit their comments as part of the review process without any required immediate Supervisor and/or Department Head revision to the review document. D. If the employee can prove factual error to support their disagreement, the immediate Supervisor and/or Department Head may revise the review. 305.04 PERFORMANCE IMPROVEMENT PLAN (PIP) A. A regular full-time employee who continues to perform at the “Does Not Meet Expectations” performance level after coaching and/or counseling or performance review will be placed on a Performance Improvement Plan (PIP). If the employee fails to demonstrate the necessary improvement upon completion of the PIP, the employee shall be reassigned, demoted, or dismissed as specified in this Policy. B. The PIP cannot be used: 1. To extend a performance introductory period, unless there are extenuating circumstances. Any requests for an extension must be approved by the Town Manager and Human Resources. 2. For part-time, seasonal, or temporary employees whose performance is deficient. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 115 of 186 3. To extend the six (6)-month new assessment period after promotion, reassignment, or voluntary transfer. Deficient performance by those employees will result in disciplinary action, reassignment, or dismissal as specified in the Changes in Employee Status Policy (304.00). C. Section I of the Performance Improvement Plan (PIP) will be completed by the immediate Supervisor and/or Department Head and should include statements of the specific deficiencies in the employee's performance or behavior, what improvement is necessary, the period of time in which improvement must occur, i.e., 30, 60, or 90 calendar days, and what action will result if the employee fails to show satisfactory improvement. All PIP Documents must be reviewed with Human Resources prior to presenting to the employee. D. During the applicable timeframe identified for improvement in the PIP, the immediate Supervisor and/or Department Head needs to document in the Periodic Review Notes section, at least every two (2) weeks, any relevant information related to improvement or continued issues. E. Upon the completion of the 30, 60, or 90 day PIP Plan duration, the immediate Supervisor and/or Department Head will complete Section II of the Performance Improvement Plan (PIP) and meet with the employee to discuss. The completed PIP Document and any attachments must be forwarded to Human Resources. F. An employee may not appeal a performance improvement plan, but may attach a written response to the document. If the employee submits a disagreement statement, it will be attached to the document. 305.05 FORMS Performance Improvement Plan (PIP) Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 116 of 186 306.00 EMPLOYMENT OF RELATIVES/NEPOTISM 306.01 POLICY/PURPOSE Texas law and/or Town Policy prohibit the employment of relatives under the circumstances described below. 306.02 EMPLOYMENT OF RELATIVES A. Nepotism Defined. Nepotism is the hiring of family or close relatives. In Texas, anti-nepotism laws prohibit a governmental entity from hiring certain close relatives of a public official. The Texas nepotism laws also prohibit a public official from appointing, confirming the appointment of, or voting on the appointment of a close relative to a paid public position. Town Policy also prohibits nepotism by its employees who are not public officials in the following situations: 1. In positions where one relative would supervise another relative; 2. Employment in the same department; 3. In Executive or Department Head Positions. B. Public Official Defined. The term “public official” means any Town official who is the final hiring authority, or is a member of the governing body that has final hiring authority. For the purposes of this Policy, a “public official” or “Town official” means the Town Manager of the Town of Trophy Club, and the members of the Town Council. C. Relative Defined. A “relative” is someone who is related to an employee, the Town Manager or Town council member within a prohibited degree of relationship, including certain relationships by blood (consanguinity) or certain relationships by marriage (affinity). D. Limitations of Relationships by Blood (Consanguinity). 1. The following relatives of any Town employee or official would fall within the prohibited degrees of relationships by blood: a. An employee or Town official’s mother, father, sons and/or daughters (first- degree relationship by blood). Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 117 of 186 b. An employee or Town officials’ sisters, brothers, grandmothers, grandfathers, granddaughters, and/or grandsons (second-degree relationship by blood). c. An employee or Town official’s great-grandmothers, great-grandfathers, aunts, uncles, nephews, nieces, great-granddaughters and/or great grandsons (third-degree relationship by blood). d. An employee or Town official’s adopted child is considered to be the child of the employee or Town official. 2. A Town official may not vote on the appointment of an individual who has a first, second or third degree relationship by blood to the official. E. Limitations of Relationships by Marriage (Affinity). 1. The following relatives of any Town employee or official would fall within the prohibited degrees of relationships by marriage: a. An employee or Town official’s husband, wife, father-in-law, mother-in-law, sons-in-law, daughters-in-law, stepsons and stepdaughters (first-degree relationship by marriage). b. An employee or Town official’s sisters-in-law, brothers-in-law, spouse’s grandmothers, spouse’s grandfathers, spouse’s granddaughters, spouse’s grandsons (second-degree relationship by marriage). 2. A Town official may not vote on the appointment of an individual who has a first, second or third degree relationship by marriage to the official. F. Disclosures of Prohibited Employment 1. Public officials and Town employees are required to disclose a relative relationship as follows: a. If an employee or Town official knows that a Relative has sought or applied for a position with the Town as an employee or Town Council member, or is pursuing an informal application process, he/she must notify Human Resources as soon as possible, but in any event, before selection is made. b. If a current employee or Town official becomes a Relative of another Town official or other employee of the Town subsequent to his/her initial hire or initial date of service, the employee or Town official must immediately notify Human Resources, and in any event, no later than three (3) working days of the new status of the relationship. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 118 of 186 c. Human Resources will work with the employee or Town official, as applicable; to determine the status of the applicant or individual as a relative, whether there is a violation of this Policy, and whether any further action is necessary. d. An employee who fails to make the required disclosures as set forth above may result in disciplinary action, up to and including termination of employment. e. A Town official who violates the nepotism laws may be determined to have committed official misconduct, which is a misdemeanor punishable by fines, and the Town official must be removed from office if the conviction becomes final. f. Conflict of Interest. No person who is a relative (as defined in E.2.a of Policy 301.04 Selection) may be offered or accept employment where the employment would constitute a perceived or determined to be an actual conflict of interest. G. Seasonal Employment Relationships Seasonal employees who are employed by the Town in positions for the community pool, summer camp, crossing guards, or any position deemed as seasonal, may be related for staff level positions and work in the same area. These employees may not be hired to work in positions where one employee will supervise the other. The Town reserves the right to restrict any employment of relatives if the Town deems there to be a conflict of interest. Public Officials or Public Officials relatives may not be hired for seasonal positions. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 119 of 186 307.00 OTHER EMPLOYMENT 307.01 POLICY/PURPOSE The Town recognizes that employees sometimes seek additional employment during their off hours to earn additional income or to develop new skills and experience. Despite any outside employment, their Town job is the primary employment responsibility for full-time employees. Working extended hours may adversely affect the health, endurance, and productivity of employees. The Town does not consider outside employment to be an excuse for poor job performance, tardiness, absenteeism, or for refusal to work overtime or travel when required by the Town. Outside employment may also cause conflict of interest situations. For these reasons, the Town restricts outside employment of full-time employees as specified in this Policy. Overtime liability under the federal Fair Labor Standards Act (FLSA) may be incurred when employees occupy a compensated position and are allowed to perform services beyond their allowed hours without expectation of compensation. The Town therefore places restrictions on employees working a second Town job, or volunteering for the Town, as specified in this Policy. 307.02 OUTSIDE EMPLOYMENT A. General Permission. Subject to written approval of the department head or designee, a full-time Town employee is permitted to engage in any business, trade, occupation, or profession that does not: 1. Bring the Town into disrepute; 2. Reflect discredit upon the employee as an employee of a department or the Town; 3. Interfere with the performance of the employee's Town duties; 4. Present a conflict of interest; 5. Result in misuse of Town property or funds; 6. Result in use of the Town position for personal gain; or 7. Violate departmental Policy or procedure. 8. May not perform the same job or function as an employee of the Town within the Town limits. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 120 of 186 B. Prohibitions 1. Department heads are prohibited from engaging in any form of outside employment except as may be specifically approved in writing by the Town Manager. 2. Inability to Work for the Town a. If an employee is on leave for his or her own personal illness or injury, the employee may not engage in other employment for up to eight (8) hours after the normally scheduled shift ends for which he or she failed to report. b. Employees on leave as a result of a work related injury, whether covered or not covered under Workers’ Compensation are prohibited from engaging in outside employment. 3. Exercise of Government Authority. No employee shall engage in any employment or business where the work performed by the employee or that of the employee's agents or employees is subject to approval/rejection, inspection, or licensing by the employee's department, except pursuant to authorized department policies. 4. No employee shall engage in any employment or business on a matter, which is or has been the subject of an investigation by the employee's department within the last 12 months, nor may the employee appear as a witness (except by court order) in any proceeding as a result of such employment. 5. If doing work with a contractor that the Town conducts business with and who is currently providing services to the Town may not perform the same job function as an employee of the Town within Town limits. C. Approval Process 1. An employee subject to this Policy must obtain permission in writing from the department head or designee before accepting any other employment or engaging in any other business. Permission granted is subject to revocation in the event of a subsequent known or occurring conflict with this Policy. 2. The request for permission to engage in outside employment required by this Policy must include the place where the work will be performed, a description of the type of business and the work to be performed, and the hours and days of work. 3. An employee who is working another job at the time of hire and who intends to continue the other employment must so advise the appropriate department head or designee and receive approval to continue the outside employment. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 121 of 186 D. Working More Than One Town Job. The rules, prohibitions, and approval process specified in this Policy also apply to working in a second job for the Town or working as a volunteer for the Town. In addition, written approval from the employee’s primary job department head and Human Resources is required to work in a second job or volunteer for a Town related activity. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 122 of 186 308.00 TERMINATION OF EMPLOYMENT 308.01 POLICY/PURPOSE Employees leave The Town of Trophy Club workforce under various conditions that include retirement, reductions in force, dismissal, or voluntary separation. Human Resources Policies and Procedures exist that may affect the employee’s eligibility to obtain separation pay and/or appeal disciplinary action. Employees should make themselves aware of these policies and procedures. 308.02 RESIGNATION/RETIREMENT NOTICE REQUIRED 1. Resignation. An employee must submit a written resignation to his/her immediate Supervisor at least ten (10) working days before the effective date of resignation. The resigning employee must indicate in the resignation letter the last day/shift/hour to be worked. Failure to report to work as scheduled during the resignation notice period will be treated as an unauthorized absence and may result in dismissal. Pay in Lieu of Notice. In some cases, when an employee resigns, it may be in the best interest of the Town that the employee leaves the premises upon notice of resignation. In such cases, two (2) week’s pay in lieu of notice may be granted with the approval of the Town Manager. 2. Retirement. An employee must give written notice of intent to retire to his/her immediate Supervisor, not less than 30 calendar days, before the effective date of retirement. The retiring employee must indicate the last day/shift/hours to be worked in the retirement intent notice. In cases of disability, application for disability retirement satisfies the notice requirement. 3. Failure to Give Notice. An employee, who gives less than the required notice or fails to report to work after they have given notice, may be subject to dismissal and forfeiture of the remaining pay for the notice period. The Department Head may waive the notice requirement, based on business necessity, extenuating circumstances, and approve the waiver request. The Department Head must put the waiver in writing and provide to Human Resources. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 123 of 186 308.03 REDUCTION IN FORCE As a matter of business necessity, the Town Manager may direct, with Town Council approval, a reduction in the Town’s workforce through the elimination of occupied and unoccupied positions and layoff of employees. The implementation of the reduction by the Town shall be done in accordance with the Human Resources Policies & Procedures Manual. 308.04 DISMISSAL Although employment continues to be at-will, the Town may initiate dismissal as a result of a serious infraction or the continued inability by an employee to comply with the Town’s policies or performance standards. If an employee is to be dismissed, the immediate Supervisor must consult with the Department Head and Human Resources before the employee is dismissed. The immediate Supervisor must complete a Disciplinary Counseling Form to terminate the employee. The justification/ comments/ documentation portion of the form must have the reason for termination and be reviewed by Human Resources before any employee can be dismissed. Terminations are effective the last day of actual work. An exception may be made to this only with the prior approval of Human Resources. Immediate Supervisors are responsible for the collection of all Town- owned property, including documents, manuals, keys, pagers, cellular phones, tools and/or parts, and equipment. 308.05 INSURANCE AFTER TERMINATION COBRA (Consolidated Omnibus Budget Reconciliation Act) legislation allows eligible employees to continue group medical coverage and other insurance coverage that may apply after their employment. A two percent (2%) administrative surcharge will be included in this event. Employees who are discharged for gross misconduct, as defined by the “COBRA Act”, as amended, are not eligible for this benefit. The Town has contracted with a third party to administer Cobra. The third party COBRA administrator will notify employees by mail concerning continuation of benefits. 308.06 EXIT PROCESSING A. Exit interviews shall be conducted with all separating employees, when possible, regardless of the reason for leaving Town employment, length of service, position, or circumstances of separation. B. An exit interview consists of providing information regarding termination of benefits, medical continuation options and costs, retirement for TMRS and an interview regarding employment with the Town of Trophy Club and the department(s) in which the employee worked. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 124 of 186 1. Voluntary Termination. Employees shall contact Human Resources at least five 5) days before the date of separation from Town employment to make arrangements for an exit interview. Final pay will be paid by the next Town Pay Day. 2. Involuntary Termination. Human Resources shall provide final pay and benefit determination explanation to employees, following Texas Pay Day Laws, which states final pay must be processed and provided to the employee within six (6) days of separation. 308.07 LINKS COBRA Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 125 of 186 309.00 ATTENDANCE AND PUNCTUALITY 309.01 POLICY/PURPOSE Employees are required to be at their workstations, on time, every day, in accordance with the established working hours for their respective work units. 309.02 NOTIFICATION OF ABSENCE Employees who expect to be absent from duty or tardy for any reason shall notify the supervisor or Department Head, stating the reason for the absence, as soon as possible normally within one hour before starting time. (Fire or Police personnel should notify the department within one hour before starting time.) In addition, employees are expected to keep the supervisor informed daily of extended absences. 309.03 PRIOR APPOINTMENTS (Doctor or Dentist Visits, etc.) Employees are expected to schedule medical appointments so that there will be minimal disruption to the work areas. For regularly scheduled appointments, employees are to give the supervisor as much notice as possible for the upcoming appointment. 309.04 ILLNESS OR EMERGENCY WHILE AT WORK Employees who become ill, or who have another reason for leaving their work units during working hours shall request permission from their immediate supervisor before leaving work. In an emergency, if the supervisor is unavailable, the employee shall request permission from another supervisor within the department. If no supervisor is available, the employee shall notify Human Resources. Nothing in this section should be interpreted to delay emergency care. 309.05 TARDINESS AND EXCESSIVE ABSENTEEISM Employees are required to be at work every day at the established starting time. The supervisor shall counsel employees who demonstrate excessive absenteeism or tardiness instances within a twelve (12) month period. (Examples of excess absences will be considered as, using every hour of sick leave as it accrues, consistent absences on paydays or same day of the week, consistent one or two day absences.) Counseling and disciplinary action will be documented following the Discipline Policy (601.00). Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 126 of 186 309.06 RECORD KEEPING AND DOCUMENTATION For salary and record keeping purposes, a non-exempt employee’s work must be recorded in the timekeeping system to reflect any absences during the workweek in which the absences occur. 309.07 JOB ABANDONMENT An employee who has not reported his or her absence after three (3) consecutive workdays is considered to have abandoned the job and shall be terminated. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 127 of 186 401.00 BENEFITS 401.01 POLICY/PURPOSE The Town offers a variety of benefit plans as summarized in this Policy. 401.02 GENERAL PROVISIONS A. Eligibility for and the amount of any benefit described in this Policy depend on provisions of the official plan document and federal tax law. Statements made in this Policy as a general informational summary of benefits that are inconsistent with the official plan documents are void. The Town has discretionary and final authority to construe and interpret all employee benefit plans, decide all questions of eligibility, and determine the amount, manner, and time of payment of any benefits, to the extent allowed by law and by contract with the plan administrator. See applicable benefit plan documents, state laws or regulations, or federal law or regulations. B. Eligibility for any benefit described in this Policy may be suspended during periods of unpaid leave. C. Except for the Tuition Reimbursement Program, summary booklets on each of the benefit plans described in this Policy are provided to employees through Human Resources. 401.03 BENEFIT PLANS A. Insurance Coverage. The Town provides full-time (30-hours) employees the opportunity to participate in a group insurance program covering Medical, Dental, Vision, Life, and Long-term Disability (LTD). The Town also offers other optional supplemental benefits. B. 125 Cafeteria Plan (Flexible Spending Account – FSA). The Town provides full- time employees the opportunity to participate in the 125 Cafeteria Plan, which allows for the use of payroll deductions of pre-tax dollars, pursuant to the IRS Code, to be used for certain: 1. Medical, Dental, and Vision insurance premiums; and 2. Reimbursement of Medical, Dental, Vision, and Pharmacy expenses not paid by Medical, Dental, Vision, or Pharmacy insurance coverage; and 3. Dependent care expenses. C. Retirement. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 128 of 186 1. All full-time employees, and those regular part-time employees who occupy positions designated as requiring 1,000 or more hours per calendar year, must participate in the Texas Municipal Retirement System (TMRS). a. The TMRS program is Town and employee funded and the plan is administered by TMRS pursuant to Title 8, Subtitle G, Texas Government Code. b. The employee's contributions vest immediately and the Town's contributions vest after five (5) years. 2. The amount of the benefit at retirement under TMRS is determined by the plan document and state law. D. Retirees’ Health Coverage. The coverage offered to retirees is the same as the coverage the Town provides to active employees. Premium rates will be at 100% of the Total Town’s premium. 1. Employee must retire from the Town and apply for their TMRS retirement within 30 days of separation; and 2. Minimum of ten (10) years employment; and 3. Minimum age 55 at retirement; and 4. Retiree coverage will terminate at age 65. 5. Dependent coverage. A dependent not covered under the Town’s health benefit plan at the time the employee retires, is not eligible for coverage under this subsection. If a retiree elects to continue coverage for a dependent who is covered at the time the employee retires, and on a subsequent date elects to discontinue coverage for that dependent, the dependent is no longer eligible for coverage under this subsection. 6. Ineligibility. A retiree becomes ineligible for retiree health coverage if the retiree elects to discontinue coverage at any time or they reach age 65. 7. Payment. The retiree is responsible for payment of the health benefit premium for coverage. 8. Applicability. This subsection applies only to individuals retiring after its effective date. Policy may be changed. The policy contained in this subsection may be repealed or modified at any time and will remain in effect for any person who retires while it is in effect. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 129 of 186 9. Deferred Compensation Plans. All full-time employees may elect to contribute to the Town’s optional Deferred Compensation through payroll deduction of pre-tax dollars. Withdrawal of contributions can be made only for reasons specified in the official plan documents, and early withdrawals may be subject to penalties and tax pursuant to IRS regulations. E. Death Benefits. The beneficiaries of all full-time employees are eligible for: 1. Death benefits through the Texas Municipal Retirement System (TMRS); The Town adopted the Supplemental Death Benefit, provided by TMRS, in October 1998. Therefore, any TMRS member employed with the Town on or after October 1, 1998 is eligible for this benefit. 1) Active employees. This benefit pays approximately two (2) times the member's annual salary to their designated beneficiary, up to $100,000. 2) Retired employee. This benefit pays $7,500 to the retiree's designated beneficiary. 2. Through the Town’s Group Term Life Plan, a payment in the amount of two (2) times the deceased employee's annual base pay, up to $100,000; and 3. Payment for all the employee's accrued paid vacation leave. For non-exempt employees, payment for the entire employee’s accrued compensatory time. F. Tuition Reimbursement Program. The Town offers regular full-time employees reimbursement for tuition and books for courses taken for credit (not continuing education or audited courses) that directly relate to an employee's current position or to a position of possible promotion. 1. Reimbursement will be based on the IRS maximum of $5,250 per calendar year. Application. To apply for tuition reimbursement, employees should follow the procedure listed: 1) The employee must first submit a Tuition Reimbursement Application to their immediate Supervisor and/or Department Head for consideration and approval of an official degree plan or specific job related courses. Once approved, the immediate Supervisor and/or Department Head will provide a copy to the employee and forward the original to Human Resources. 2) Upon completion of the approved courses, the employee must submit, along with the completed and approved Tuition Reimbursement Form, a certified Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 130 of 186 copy of the courses, grades, related receipts, and verification of any other funds received to pay for the course, if applicable, to Human Resources to be processed for reimbursement. 3) Tuition reimbursement is not available for expenses already covered by other types of public assistance or benefits such as veterans’ benefits, public safety programs, Social Security benefits, grants, or any type of scholarship program. If the employee is receiving tuition assistance from any outside source, contact Human Resources for clarification of eligibility under the Town’s plan. For example, if an employee is receiving $300 from the VA for tuition and the tuition costs $450, the Town will pay the $150 difference. 2. General Provisions a. Must have completed twelve (12) months employment with the Town. Unless waived by the Town Manager for a unique circumstance. b. Employees must be in an active paid status to receive reimbursement. c. Reimbursement will be made for courses taken from a nationally accredited institution of post-secondary education, as long as it was pre-approved by the employee’s immediate Supervisor and/or Department Head and is related to an employee’s current position or to a position of possible promotion. d. If the employee does not maintain employment with the Town for two (2) years after reimbursement for the course, the employee will be required to repay, at the time of termination of employment, the applicable tuition and books that were reimbursed by the Town. 3. Reimbursement Amounts a. Associate and Bachelor degree courses: 1) 100% for an “A” grade 2) 75% for a “B” grade 3) 50% for a “C” grade b. Master and doctoral degree courses: 1) 100% for an “A” grade 2) 75% for a “B” grade 3) 0% for a “C” grade Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 131 of 186 401.04 FORMS Tuition Reimbursement Application Tuition Reimbursement Form Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 132 of 186 402.00 COMPENSATION 402.01 POLICY/PURPOSE The Town’s compensation philosophy is to maintain a competitive pay structure for the purpose of recruiting and retaining an effective and efficient workforce. The pay structure is designed to pay employees what jobs are worth, ensure appropriate movement through the salary range for that classification, and recognize performance through merit increases (where applicable). The pay plan is designed to comply with both state and federal laws, including the Fair Labor Standards Act (FLSA). The Town also offers a variety of other categories of pay as specified in this Policy. 402.02 PAY SYSTEM A. Pay Period. The Town has a 14-day pay period that begins every other Sunday. Employees are paid biweekly on the Friday after the end of the pay period. When a payday falls on an official Town holiday, employees will be paid on the preceding Thursday. B. Position Classification and Pay Plan The Town classifies positions within eight (8) job families: Administrative Support Elected/Appointed Officials Officials and Administrators Paraprofessionals Protective Service Workers Service – Maintenance Skilled Craft Workers Technicians Within each job family, positions are periodically evaluated to ensure internal equity that fairly and objectively reflects the value of each position relative to other positions within the Town. 1. All Regular full-time employees are compensated based on the provisions of the Performance Pay Plan and/or alternative plans that are funded on a fiscal year basis at the option of the Town Council. 2. The Town Manager may establish other pay classification categories as deemed necessary or dictated by law. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 133 of 186 C. Rates of Pay 1. Regular Rate. The regular rate of pay for each employee is that amount the employee is designated to receive within the salary range for the employee's job classification. The rate of pay does not include certification pay, FTO pay, car, clothing, cell phone or equipment provided by the Town, or any other type of special allowance. 2. Overtime Rate. The overtime rate of pay for non-exempt positions is one and one-half (1½) times the regular rate of pay for those hours that exceed the stipulated productive hours of position classification (i.e., non-exempt, fire, and police), plus any additional acting status pay the employee is eligible to receive. D. Payroll Deductions. Initial and continued employment with the Town is conditional on employee’s agreement to deductions from pay as specified in this Policy. Deductions will be made as follows: 1. When required by law; 2. When available to all regular Town employees with individual employee consent and Town Manager approval; 3. As payment for a fringe benefit or special program authorized by the Town Manager and offered with Town participation; 4. As re-payments to the Town for reasons specified below: (Except for final paychecks, the time of re-payment will equal the period in which payments were made.) a. Erroneous payment made by the Town to an employee; b. Loss or damage to Town property or issued equipment; c. Theft of Town property, equipment, or money; d. Failure to comply with the conditions of the Tuition Reimbursement Program Section 401.03G); or e. Non-equipment loss or damage costs such as expense accounts, excessive radio/cellular phone charges and fees, and court costs associated with a judgment for the Town. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 134 of 186 402.03 OVERTIME PAY LIABILITY A. Non-Exempt Employees. The Federal Fire Labor Standards Act (FLSA) requires that the Town compensate all non-exempt, other than sworn employees of the fire and police departments, overtime pay for all hours worked in excess of 40 productive hours during a seven-day work period. Section 7(k) of the FLSA provides that employees engaged in fire protection or law enforcement may be paid overtime on a “work period” basis. Sworn employees of the police department will be entitled to overtime pay in excess of 80 hours worked in a 14-day work period. B. Non-Exempt Fire Shift Employees. Firefighting and emergency medical services personnel assigned to a 28 day work period must be paid on an overtime basis for time work in excess of 212 hours within the work period. The one-half time provisions permitted under the FLSA will apply. 1. FLSA Overtime, firefighters will receive overtime pay at ½ their regular rate of pay for hours worked between 212 and 240 hours in a 28 day cycle. 2. Regular Overtime, firefighters should receive overtime pay at 1 ½ times their regular rate of pay for hours worked in excess of their regular work schedule in a two-week pay period. Firefighters will not be entitled to receive both the FLSA and regular overtime pay for the same overtime hour(s) worked. C. Paid Leave in Calculating Overtime for Non-Exempt Employees. For the purposes of calculating overtime; vacation and personal leave are considered as time worked. Time Off Certificates (TOC), holidays, bereavement, sick leave, jury duty, injury leave, compensatory time, military leave, and FMLA are not considered as time worked. D. Compensatory Time. The Fair Labor Standards Act (FLSA) prohibits an employer from requiring an employee to accept compensatory time off for overtime hours worked. An employer may grant compensatory time for overtime hours worked provide the employee agrees. Employees that are exempt from the Fair Labor Standards Act are not entitled to automatically accrue compensatory time. 1. Nonexempt employees, except police, firefighting and emergency medical services personnel, who work authorized overtime may be compensated for that time by receiving compensatory time off at the rate of 1 ½ hours of compensatory time for every hour of authorized overtime worked. However, the Town may at any time, in its sole discretion, substitute payment for overtime at 1 ½ time the employee’s regular rate for compensatory time off, either in whole or in part. 2. Police and Firefighting personnel will receive payment for overtime at the rate of 1 ½ times their regular rate and are not eligible for compensatory time without prior department director approval. 3. All non-exempt employees eligible for compensatory time will receive payment for overtime at 1 ½ their regular rate of pay after they have accrued forty (40) hours of compensatory time off. 4. Payment for accrued compensatory time may be made at any time, at the Town’s sole discretion, and must be paid at the regular rate earned by the employee at the time payment is made. 5. Upon termination of employment, non-exempt employees will be paid for unused compensatory time at the regular rate received by the employee. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 135 of 186 E. Adjusting Work Hours. Combination of worked and time off hours Time Off Certificates TOC), vacation, personal leave, bereavement, sick leave, jury duty, and compensatory time) will not exceed 80 hours in a scheduled pay period. F. Overtime Authorization. An employee shall not be permitted to work overtime unless authorization has been given by the immediate Supervisor and/or Department Head. Failure to get authorization prior to working overtime may result in disciplinary action up to and including termination. 402.04 OTHER PAY CATEGORIES A. Call-Back. Call-back is an unscheduled or emergency return to work outside of officially scheduled work hours at the request of an Immediate Supervisor. It does not include additional hours of work scheduled in advance. 1. Minimum Call Back Pay. A non-exempt employee who is called back to work outside of the scheduled work hours will be paid at the overtime rate for a minimum of two (2) hours, regardless of actual hours worked, provided the call back does not merge with the employee’s regularly scheduled work time. Employees who use their private car will be paid per mile from home to Trophy Club and back using the current IRS mileage rate. 2. Exempt employees are paid on a salary basis for all hours worked and are therefore, not eligible for call-back pay. 3. Police and Fire personnel will comply with the call back provisions of the standard operating procedures established by their department, if defined. B. On Call Pay. To provide “on call” compensation to an employee who maintains his/her availability during off-duty hours to return back to work to perform emergency or needed procedures. Immediate Supervisors and/or Department Heads will assign primary and secondary employees (if required) to work regular rotating schedules. An employee is on call when the employee is able to do his/her own personal business, but is required to carry a pager or radio/cellular phone in order to reach in case of an emergency. This employee is required to report to duty in fit physical and mental condition. The employee will be paid either the actual hours worked or a minimum of two hours. On call pay will be included in the employee’s overtime rate in compliance with FLSA. Overtime for the called out hours will be subject to the “Hours Worked” sections of this policy. C. Mandatory Overtime. May be initiated by the Department Head or the Town Manager or designee, as deemed necessary, in order to ensure the continued operation of the Town. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 136 of 186 D. Longevity Pay. Longevity pay may be paid to regular full-time employees to recognize an employee’s contribution to the Town for each completed year of service. 1. Part-time non-exempt employees, temporary and seasonal employees are not eligible for longevity pay. 2. Longevity compensation will be paid annually every December by a separate check. Employees must be employed the day longevity checks are issued. Employees who completed the 12-month requirement will be paid for those months when the 24-month paycheck is issued. 3. Longevity compensation is under the FLSA rules and will be subject to regular tax and TMRS (Texas Municipal Retirement System) deductions. 4. Paid leave is counted as active service in calculating longevity pay. 5. Based on funding available, longevity pay is equivalent to $5.00 per completed month of service up to 60 months, and $7.50 per completed month from 61 or more months, up to $2,000.00 maximum 6. A partial month in which an employee begins work between the first and the fifteenth day of the month shall be considered a full month; a month in which an employee begins work on the sixteenth or later shall not be counted for longevity pay. 7. Longevity pay is based on the number of continuous service with the Town. If a break in service occurs, longevity will accumulate from the new hire or reinstatement date and will not include prior service. E. Interim/Assignment Pay. Employees may receive additional pay for particular job assignments irrespective of other assigned duties or pay. The immediate Supervisor and/or Department Head must have approval from the Town Manager or designee and provide this information to Human Resources for processing. F. Step Up Pay. The Town recognizes that certain positions of significant responsibility and duties may from time to time become vacated for a variety of reasons, and that another employee may be asked to fulfill the duties of an employee serving in a higher level position for an interim period. It is also recognized that these duties are of such a nature and level of responsibility, and may last for an unknown period of time, that additional compensation is warranted for an employee asked to fulfill these interim duties. This policy is to provide a systematic and organized approach for the administration of stepping up to a position of higher responsibility. This policy applies to all employees, including sworn police and fire personnel. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 137 of 186 1. Step up pay occurs when an employee is officially assigned to a position of higher responsibility by an approved supervisor. 2. Qualifications. An employee acting in an interim assignment status must be qualified to perform and must actually perform the full range of duties of the higher-level position during the assigned period. The duties performed of the higher level position must be above and beyond the duties described in the employee’s current job classification. Department supervisors that fail to verify employees’ minimum qualifications to be assigned to a higher level position are subject to disciplinary action. 3. Sworn Police and Fire Personnel Assignments. The Police Chief, Fire Chief, or his/her designee, shall approve Step Up Pay assignments for sworn police and fire personnel who perform the duties of a higher classification. Departments shall provide e-mail documentation of the employee officially assigned to step up in an interim to HR and Finance for payroll purposes. 4. Sworn Police and Fire Step Up Pay Guidelines. A Sworn police officer or firefighter serving in an interim assignment shall be compensated the difference between their current rate of pay and the minimum pay in the pay grade for the higher classification that results in a minimum increase of 5%. 5. All Other Employees. Any other employee will, at the discretion of the Department Head with Town Manager or designee’s approval, receive a salary between the minimum and mid-point of the range for the acted-in classification. A completed PCN will provide documentation in these cases. 6. Completion of Interim Assignment. Upon completion of the interim assignment, the employee shall return to the employee’s regular job assignment and duties. The employee’s compensation shall return to that employee’s regular rate of pay prior to the temporary assignment. 7. An interim assignment does not constitute a promotion and shall in no way be construed as a permanent assignment. 402.04 G INCENTIVE PAY Incentive Pay. The Town of Trophy Club encourages and endorses professional training and certification programs for its regular full-time employees. Employees who meet the respective certification/license requirements shall be entitled to certification pay where approved, if the certificate/license is useful in the performance of the employee’s job and listed in this policy. 1. Incentive Rates. Certificate Certificate Pay (per month) Intermediate $50.00 Advance $75.00 Master $100.00 Bi-lingual $50.00 Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 138 of 186 FTO $75.00 FTO will be compensated only fulfilling those specific duties. Certificate Certificate Pay (per month) Fire Intermediate $50.00 Advance $75.00 Master $100.00 Bi-Lingual $50.00 FTO $75.00 FTO will be compensated only fulfilling those specific duties. Court Clerk Level Two $75.00 Level Three $100.00 Other Plumbing $75.00 per month Irrigator $75.00 per month* PHR $75.00 per month SPHR $100.00 per month Certified Public $75.00 per month Communicator Pesticide Applicator $75.00 per month License Associates’ Degree $25.00 per month Bachelors’ Degree $50.00 per month Masters’ Degree $100.00 per month Animal Control TDH Cert $75.00 per month Certified Government $75.00 per month* Finance Officer Certified Parks and $75.00 per month Recreation Professional American Institute of $75.00 per month Certified Planners ICC Permit Tech $75.00 per month Certification Certified Government $75.000 per month Chief Information Officer Texas Municipal Clerks $75.00 per month Certification Master Municipal Clerks $100 per month Certification Irrigators receiving certification pay at a $125 month are grandfathered at their current rate. Finance Employees that received a salary increase upon receiving the CGFO are not eligible to receive a monthly certification pay. Employees receiving annual salary increases for receiving certifications or college degrees is discontinued unless specified in their offer letter. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 139 of 186 Stacking of certifications is not allowed. Only the highest obtained certification will be paid. 2. Application. It is the employee’s responsibility to provide documentation and have their department complete the necessary PCN to receive certification pay under this policy. It is also the employee’s responsibility to notify Human Resources when they have lost a certification and are no longer eligible to receive certification pay. Certification pay will be added to an employee’s payroll only upon Human Resources receiving the appropriate documentation. Employees are not eligible to receive back pay for certification pay. H. Resignation Pay 1. Resigning/Retiring Employees. Subject to the requirement to give written notice specified in the Resignation/Retirement Section of the Termination of Employee Status Policy (308.02), full-time employees with more than six (6) months active full-time service credit will be paid at the base rate for all accrued vacation leave upon resignation or retirement. Full-time employees with less than six (6) months active full-time service credit are not paid for any accrued vacation leave or personal leave upon resignation or retirement. 2. Terminated Employees. Terminated employees are paid for accrued vacation leave on the same basis as resigning employees. If an employee is reinstated as the result of reversal of the dismissal upon appeal, any leave balance paid on dismissal is forfeited; any leave balance not paid for on dismissal will be restored and the employee’s length of service credit for the purpose of vacation and sick leave accrual rates and any pay that is based on length of service credit will be restored. 3. Deceased Employees. See Death Benefits Section of Benefits Policy 401.03A). 4. Final Paycheck Deductions. Deductions from the final pay paycheck will be made for the same purposes as from a regular paycheck. In addition, any applicable deductions authorized in this Policy under 402.02D will be made. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 140 of 186 403.00 EMPLOYEE ASSISTANCE PROGRAM 403.01 POLICY/PURPOSE The Town provides a confidential counseling and referral service, through a contract counseling service provider, to assist employees in resolving personal problems. The service may also be used to address issues that may be affecting job performance or employee morale. The primary function of the Employee Assistance Program “EAP” is to assist employees and their dependents by assessing needs and making recommendations regarding appropriate treatment. Initial counseling and referral services are available at no cost to all full-time employees and their dependents. 403.02 REFERRAL TYPES A. Self-referral. When an employee or family member is experiencing a personal or job-related problem, the employee may contact the EAP provider to schedule an initial appointment. The first appointment will be set based on the nature of the problem. Appointments may be made during scheduled work hours, should staffing levels permit, and employees may use accrued time, if available, for the absence. B. Informal Referral. If an employee initiates discussion about a personal problem with an immediate Supervisor, the immediate Supervisor may recommend that the employee use the EAP service. Appointments may be made during scheduled work hours, should staffing levels permit, and employees may use accrued time, if available, for the absence. C. Formal Referral. This kind of referral is based on problems affecting job performance, i.e., a decline in an employee's work performance or an incident, which may impact job performance. Immediate Supervisors shall consult with Human Resources before approaching the employee. The specific job performance problem or job related incident shall be clearly described to the employee. The immediate Supervisor will suggest the employee use the EAP service and may assist the employee by offering to contact the EAP provider. If the employee rejects the offer of a formal referral to the EAP provider and the work problems do not recur after the interview with the immediate Supervisor, no further action is required. No disciplinary action will be taken solely because the employee declines the use of the EAP, unless the mandatory referral criteria are met. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 141 of 186 D. Mandatory Referral. Referral to EAP by an immediate Supervisor is mandatory for an employee when: 1. The employee has failed a drug and alcohol test; 2. The employee refused a formal referral and the problems affecting job performance have continued; 3. The employee agreed to a formal referral, but did not contact the EAP service provider, and the problems affecting job performance have continued; or 4. It is suspected that a physical or mental impairment of an employee constitutes a hazard to persons or property, or may be preventing the employee from effectively performing the essential job functions of the position. 5. After consultation with Human Resources, the immediate Supervisor or manager will complete a Supervisor Referral Form to give to the employee. 403.03 COUNSELING/FURTHER REFERRAL TO COMMUNITY RESOURCES A. If the problem for which the employee was referred can be resolved in three (3) or fewer one-hour sessions, counseling will be provided by the EAP counselor and paid for by the Town. Employees will be allowed to use any accrued leave to attend these sessions. B. In addition to services provided by EAP and paid for by the Town, EAP may make an appropriate referral to a community resource. Any referral made by EAP for further services will be made based on the employee's health insurance, ability to pay, location of the services, the counselor's expertise and philosophy, and the employee's expressed preferences. Employees will be allowed to use any accrued leave to go to referrals made by the EAP counselor, as long as the employee provides proof of appointments or treatment. 403.04 RECORDS OF EAP REFERRALS/USE A. Confidentiality. All records pertaining to the EAP will be treated with a high degree of confidentiality. B. Release. Any information released will be clearly defined as confidential and will be released only under the following circumstances as legally allowed: Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: 10/14/2024 Page 142 of 186 1. When the EAP counselor determines that there is clear and imminent risk to the employee or to the community. Clear and imminent risk includes, but is not limited to an individual who is actively suicidal, an individual who is likely to physically harm another person, and/or an individual whose ability to function on the job is so substantially impaired that the individual presents a serious risk to the community; 2. When and to whom required by judicial order or when required by legal proceedings; 3. As required by law to appropriate authorities in cases involving child abuse; 4. To Human Resources and the employee's immediate Supervisor(s) on a need- to-know basis when a referral was mandatory; and 5. To others with written consent of the employee. 403.05 EAP BENEFITS AVAILABLE The following is a list of EAP benefits available to employees and their dependents: Legal/Financial Depression/Stress Drug/Alcohol Abuse Emotional Problems Financial Pressure Grief Issues Family/Relationship Problems Other Personal Concerns Safe Ride 403.04 CONTACT INFORMATION The Town’s EAP Provider is Alliance Work Partners (AWP). Phone: 1-800-343-3822 Website: www.alliancewp.com Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 143 of 186 Leave Administration Section 501 – 505 replaced by TM – 507 Leave Administration Policy 506.00 REASONABLE ACCOMMODATION (ADA/ADAA) 506.01 POLICY/PURPOSE A. Reasonable Accommodation. The Town must provide reasonable accommodation to qualified employees or applicants with disabilities, unless to do so would cause undue hardship. The Town is committed to providing reasonable accommodations to its employees and applicants for employment to ensure that individuals with disabilities enjoy equal access to all employment opportunities. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 144 of 186 The Town provides reasonable accommodations: 1. When an applicant with a disability needs an accommodation to have an equal opportunity to compete for a job; 2. When an employee with a disability needs an accommodation to perform the essential functions of the job or to gain access to the workplace; and 3. When an employee with a disability needs an accommodation to enjoy equal access to benefits and privileges of employment (e.g., details, trainings, office-sponsored events). B. Reasonable Accommodation Defined. A reasonable accommodation is any change in the workplace or the way things are customarily done that provides an equal employment opportunity to an individual with a disability. While there are some things that are not considered reasonable accommodations (e.g., removal of an essential job function or personal use items such as a hearing aid that is needed on and off the job), reasonable accommodations can cover most things that enable an individual to apply for a job, perform a job, or have equal access to the workplace and employee benefits such as kitchens, parking lots, and office events. Common types of accommodations include: modifying work schedules; granting breaks or providing leave; altering how or when job duties are performed; removing and/or substituting a marginal function; moving to different office space; making changes in workplace policies; providing assistive technology, including information technology and communications equipment or specially designed furniture; providing a reader or other staff assistant to enable employees to perform their job functions, where the accommodation cannot be provided by current staff; removing an architectural barrier, including reconfiguring work spaces; providing accessible parking; providing materials in alternative formats (e.g., Braille, large print); providing a reassignment to another job. C. Reasonable Accommodation Process. The Town will process requests for reasonable accommodation and will provide reasonable accommodations where appropriate, in a prompt and efficient manner in accordance with the time frames set forth in these Procedures. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 145 of 186 1. The Town has designated the Human Resources Representative as the Disability Program Manager (DPM) to oversee the reasonable accommodation program. All requests for reasonable accommodation will be handled by the DPM. If a request is given to a manager or supervisor rather than directly to the DPM, that individual should forward the request immediately and must do so within two (2) calendar days. All requests for accommodations must be filed using the ADA: Request for Reasonable Accommodation Form. 2. When an employee makes a request for reasonable accommodation that involves performance of the job, the DPM will work with the employee’s supervisor to ensure that an appropriate accommodation is provided that meets the individual’s disability- related needs and enables the individual to perform the essential functions of the position. 3. As part of the reasonable accommodation and/or interactive process, the DPM will obtain and evaluate documentation supporting an accommodation request (such as medical documentation demonstrating that the requestor is an individual with a disability), whenever the disability or need for accommodation is not obvious. 4. If the employee’s needs are fairly easy to accommodate, e.g., an ergonomic chair, the Town may be able to address an employee’s issue outside the reasonable accommodation process. Requests under these circumstances should be directed to the DPM. 5. While the DPM will handle all requests for reasonable accommodations, supervisors, managers, and directors often will need to be consulted about specific requests. Therefore, all management personnel must be familiar with these Procedures and the Commission’s “Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act” (rev. Oct. 17, 2002), which contains significant information on the responsibilities of agency personnel involved in responding to a request for reasonable accommodation, as well as the rights and responsibilities of those requesting accommodation. D. Reasonable Accommodation Procedures. 1. Requesting Reasonable Accommodation. Generally, an applicant or employee must let the Town know that he/she needs an adjustment or change concerning some aspect of the application process, the job, or a benefit of employment for a reason related to a medical condition. An applicant or employee may request a reasonable accommodation at any time, orally or in writing. An individual should request a reasonable accommodation from the Disability Program Manager (DPM). 2. If an employee makes a reasonable accommodation request to someone other than the DPM, such as her supervisor, office director, district director, or regional attorney, these supervisors/managers should forward the request to the DPM immediately and must do so within two (2) business days. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 146 of 186 3. The reasonable accommodation process begins as soon as the oral or written request for accommodation is made to any manager in an employee’s chain of command, so it is imperative that the request be forwarded to the DPM within two (2) business days. 4. An individual’s receipt or denial of an accommodation does not prevent the individual from making another request at a later time if circumstances change and she believes that an accommodation is needed due to limitations from a disability (e.g., the disability worsens or an employee is assigned new duties that require an additional or different reasonable accommodation). Additionally, the DPM may not refuse to process a request for reasonable accommodation, and a reasonable accommodation may not be denied, based on a belief that the accommodation should have been requested earlier (e.g., during the application process). 5. A request does not have to include any special words, such as “reasonable accommodation,” “disability,” or “Rehabilitation Act.” A request is any communication in which an individual asks or states that he/she needs the Town to provide or to change something because of a medical condition. A supervisor, manager, or the DPM should ask an individual whether he/she is requesting a reasonable accommodation if the nature of the initial communication is unclear. 6. A family member, health professional, or other representative may request an accommodation on behalf of an employee or applicant. For example, a doctor’s note outlining medical restrictions for an employee constitutes a request for reasonable accommodation. 7. When an individual (or third party) makes an oral request, the DPM must ensure that the “Confirmation of Request” form is filled out. The DPM must fill out the Form if the requestor does not. E. Processing the Request. The DPM is responsible for processing requests for reasonable accommodation. Human Resources will designate another staff member to act as a back- up for the DPM to process requests when the DPM is unavailable for any length of time e.g., the DPM is on vacation or out on extended leave). While the DPM has responsibility for processing requests for reasonable accommodation, the DPM may work closely with an employee’s supervisor in responding to the request, particularly those involving performance of the job. The DPM will need to consult with an employee’s supervisor to gather relevant information necessary to respond to a request and to assess whether a particular accommodation will be effective. No reasonable accommodation involving performance of the job will be provided without first informing an employee’s supervisor. F. The Interactive Process. 1. Generally. After a request for accommodation has been made, the next step is for the parties to begin the interactive process to determine what, if any, accommodation should be provided. This means that the individual requesting the accommodation and the DPM must communicate with each other about the request, the precise nature of Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 147 of 186 the problem that is generating the request, how a disability is prompting a need for an accommodation, and alternative accommodations that may be effective in meeting an individual’s needs. 2. The DPM will contact the applicant or employee within 5 calendar days after the request is made (even if the request is initially made to someone else) to begin discussing the accommodation request. In some instances, the DPM may need to get information to determine if an individual’s impairment qualifies as a “disability” or to determine what would be an effective accommodation. Such information may not be necessary if an effective accommodation is obvious, if the disability is obvious (e.g., the requestor is blind or has paraplegia) or if the disability is already known to the Town (e.g., the requestor previously asked for an accommodation and information submitted at that time showed a disability existed and that there would be no change in the individual’s medical condition). 3. Communication is a priority throughout the entire process, but particularly where the specific limitation, problem, or barrier is unclear; where an effective accommodation is not obvious; or where the parties are considering different forms of reasonable accommodation. Both the individual making the request and the decision maker should work together to identify effective accommodations. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 148 of 186 4. When a third party (e.g., an individual’s doctor) requests accommodation on behalf of an applicant or employee, the DPM should, if possible, confirm with the applicant or employee that he/she wants a reasonable accommodation before proceeding. Where this is not possible, for example, because the employee has been hospitalized in an acute condition, the DPM will process the third party’s request if it seems appropriate e.g., by granting immediate leave) and will consult directly with the individual needing the accommodation as soon as practicable. 5. The DPM may need to consult with other Town personnel (e.g., an employee’s supervisor) or outside sources to obtain information necessary to make a determination about the request in a timely fashion. G. Reassignment. 1. There are specific considerations in the interactive process when an employee needs, or may need, a reassignment. 2. Generally, reassignment will only be considered if no accommodations are available to enable the individual to perform the essential functions of his or her current job, or if the only effective accommodation would cause undue hardship. 3. In considering whether there are positions available for reassignment, the DPM will work with the employee requesting the reassignment to identify: (1) vacant positions within the agency for which the employee may be qualified, with or without reasonable accommodation; and (2) positions which the DPM has reason to believe will soon become vacant and for which the employee may be qualified. H. Requests for Medical Information. 1. If a requestor’s disability and/or need for accommodation are not obvious or already known, the Town (specifically the DPM) is entitled to ask for and receive medical information showing that the requestor has a covered disability that requires accommodation. A disability is obvious or already known when it is clearly visible or the individual previously provided medical information showing that the condition met the disability definition. It is the responsibility of the applicant/employee to provide appropriate medical information requested by the Town where the disability and/or need for accommodation are not obvious or already known. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 149 of 186 2. Only the DPM may determine whether medical information is needed and, if so, may request such information from the requestor and/or the appropriate health professional. Even if medical information is needed to process a request, the DPM does not necessarily have to request medical documentation from a health care provider; in many instances the requestor may be able to provide sufficient information that can substantiate the existence of a “disability” and/or need for a reasonable accommodation, while preserving the confidentiality of all medical information obtained in processing a request for accommodation. If an individual has already submitted medical documentation in connection with a previous request for accommodation, the individual should immediately inform the DPM of this fact. The DPM will then determine whether additional medical information is needed to process the current request. 3. If the initial information provided by the health professional or volunteered by the requestor is insufficient to enable the DPM to determine whether the individual has a disability” and/or that an accommodation is needed, the DPM will explain what additional information is needed. If necessary, the individual should then ask his/her health care provider or other appropriate professional to provide the missing information. The DPM may also give the individual a list of questions to give to the health care provider or other appropriate professional to answer. If sufficient medical information is not provided by the individual after several attempts, the DPM may ask the individual requesting accommodation to sign a limited release permitting the DPM to contact the provider for additional information. The DPM may have the medical information reviewed by a doctor of the agency’s choosing, at the agency’s expense. 4. In determining whether documentation is necessary to support a request for reasonable accommodation and whether an applicant or employee has a disability within the meaning of the Rehabilitation Act, the DPM will be guided by principles set forth in the ADA Amendments Act of 2008. Specifically, the ADA Amendments Act directs that the definition of “disability” be construed broadly and that the determination of whether an individual has a “disability” generally should not require extensive analysis. Notwithstanding, the DPM may require medical information in order to design an appropriate and effective accommodation. 5. A supervisor or director who believes that an employee may no longer need a reasonable accommodation should contact the DPM. The DPM will decide if there is a reason to contact the employee to discuss whether s/he has a continuing need for reasonable accommodation. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 150 of 186 I. Confidentiality Requirements. 1. Medical information obtained in connection with the reasonable accommodation process must be kept confidential. This means that all medical information that the Town obtains in connection with a request for reasonable accommodation must be kept in files separate from the individual’s personnel file. This includes the fact that an accommodation has been requested or approved and information about functional limitations. It also means that any Town employee who obtains or receives such information is strictly bound by these confidentiality requirements. 2. The DPM may share certain information with an employee’s supervisor or other Town official(s) as necessary to make appropriate determinations on a reasonable accommodation request. Under these circumstances, the DPM will inform the recipients about these confidentiality requirements. The information disclosed will be no more than is necessary to process the request. In certain situations, the DPM will not necessarily need to reveal the name of the requestor and/or the office in which the requestor works, or even the name of the disability. 3. In addition to disclosures of information needed to process a request for accommodation, other disclosures of medical information are permitted as follows: Supervisors, managers, and directors are entitled to whatever information is necessary to implement restrictions on the work or duties of the employee or to provide a reasonable accommodation; First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment or assistance in evacuation; and Government officials may be given information necessary to investigate the agency’s compliance with applicable laws. J. Time Frame for Processing Requests and Providing Reasonable Accommodations. 1. Generally. The time frame for processing a request (including providing accommodation, if approved) is as soon as possible but no later than 30 business days from the date the request is made. This 30-day period includes the 10-day time frame in which the DPM must contact the requestor after a request for reasonable accommodation is made. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 151 of 186 2. The Town will process requests and, where appropriate, provide accommodations in as short a period as reasonably possible. The time frame above indicates the maximum amount of time it should generally take to process a request and provide a reasonable accommodation. The DPM will strive to process the request and provide an accommodation sooner, if possible. Unnecessary delays can result in a violation of applicable laws. 3. The time frame begins when an oral or written request for reasonable accommodation is made, and not necessarily when it is received by the DPM. Therefore, everyone involved in processing a request should respond as quickly as possible. This includes referring a request to the DPM, contacting a doctor if medical information or documentation is needed, and providing technical assistance to the DPM regarding issues raised by a request (e.g., information from a supervisor regarding the essential functions of an employee’s position, information regarding compatibility of certain adaptive equipment with the Town’s technology). 4. If the DPM must request medical information or documentation from a requestor’s doctor, the time frame will stop on the day that the DPM makes a request to the individual to obtain medical information or sends out a request for information/documentation, and will resume on the day that the information/documentation is received by the DPM. 5. If the disability is obvious or already known to the DPM, if it is clear why reasonable accommodation is needed, and if an accommodation can be provided quickly, then the DPM should not require the full 30 business days to process the request. The following are examples of situations where the disability is obvious or already known and an accommodation can be provided in less than the allotted time frame: An employee with insulin-dependent diabetes who sits in an open area asks for three breaks a day to test her blood sugar levels in private. An employee with clinical depression who takes medication which makes it hard for her to get up in time to get to the office at 9:00 a.m., requests that she be allowed to start work at 10:00 a.m. and still work an eight and a half hour day. A supervisor distributes a detailed agenda at the beginning of each staff meeting. An employee with a serious learning disability asks that the agenda be distributed ahead of time because his disability makes it difficult to read quickly and he needs more time to prepare. 6. Expedited Processing of a Request. In certain circumstances, a request for reasonable accommodation requires an expedited review and decision. This includes where a reasonable accommodation is needed: to enable an applicant to apply for a job. Depending on the timetable for receiving applications, conducting interviews, taking tests, and making hiring decisions, there may be a need to expedite a request for reasonable accommodation to Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 152 of 186 ensure that an applicant with a disability has an equal opportunity to apply for a job. to enable an employee to attend a meeting scheduled to occur soon. For example, an employee may need a sign language interpreter for a meeting scheduled to take place in 5 days. 7. Extenuating Circumstances. There are circumstances that could not reasonably have been anticipated or avoided in advance of the request for accommodation, or that are beyond the Town’s ability to control. When extenuating circumstances are present, the time for processing a request for reasonable accommodation and providing the accommodation will be extended as reasonably necessary. Extensions will be limited to circumstances where they are absolutely necessary and only for as long as required to deal with the extenuating circumstance. K. Resolution of the Reasonable Accommodation Request. 1. All decisions regarding a request for reasonable accommodation will be communicated to an applicant or employee by use of the “Resolution of Request” form, as well as orally. 2. If the Town grants a request for accommodation, the DPM will give the “Resolution of Request” form to the requestor, and discuss implementation of the accommodation. The “Resolution” form must be filled out even if the Town is granting the request without determining whether the requestor has a “disability” and regardless of what type of change or modification is approved (e.g., the Town grants a three-month removal of an essential function, which is not a form of reasonable accommodation but nonetheless must be specified on the Resolution form). 3. A decision to provide an accommodation other than the one specifically requested will be considered a decision to grant an accommodation. The form will explain both the reasons for the denial of the individual’s specific requested accommodation and why the Town believes that the chosen accommodation will be effective. 4. If the request is approved but the accommodation cannot be provided immediately, the DPM will inform the individual in writing of the projected time frame for providing the accommodation. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 153 of 186 5. If the Town denies a request for accommodation, the DPM will give the “Resolution” form to the requestor and discuss the reason(s) for the denial. When completing the Resolution” form, the explanation for the denial will clearly state the specific reason(s) for the denial. This means that the Town will not simply state that a requested accommodation is denied because of “undue hardship” or because it would be ineffective.” Rather, the form will state and the DPM will explain specifically why the accommodation would result in undue hardship or why it would be ineffective. 6. If there is a legitimate reason to deny the specific reasonable accommodation requested (e.g., the accommodation poses an undue hardship or is not required by law), the DPM will explore with the individual whether another accommodation would be possible. The fact that one accommodation proves ineffective or would cause undue hardship does not necessarily mean that this would be true of another accommodation. Similarly, if an employee requests removal of an essential function or some other action that is not required by law, the DPM will explore whether there is a reasonable accommodation that will meet the employee’s needs. 7. If the DPM offers an accommodation other than the one requested, but the alternative accommodation is not accepted, the DPM will record the individual’s rejection of the alternative accommodation on the “Resolution” form. L. Informal Dispute Resolution. An individual dissatisfied with the resolution of a reasonable accommodation request can ask Human Resources to reconsider that decision. An individual must request, in writing, this reconsideration within 5 calendar days of receiving the “Resolution” form. 506.02 REASONABLE ACCOMMODATION INTERACTIVE PROCESS FORM Instructions for completed the Reasonable Accommodation Interactive Process Form: 1. Complete all Sections highlighted in yell (e.g., Name of Employee, Employee’s Position, Essential Functions); 2. When determining the Essential Functions, review the applicable job description and discuss with the employee’s manager the specific functions that are truly essential to the position versus only marginal functions. Essential functions should be applicable to all employees in this position; 3. Provide the Form to the employee to have the remaining Sections completed by an appropriate healthcare provider; 4. Provide a reasonable timeframe for the employee to return the Form (e.g., 7 days); 5. When the Form is returned, verify that all Sections have been completed and that the Form has been signed by an appropriate healthcare provider; Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 154 of 186 6. If the Form is not complete or has not been signed by an appropriate healthcare provider, give the employee a reasonable opportunity to correct any deficiencies (e.g., 3 days) 7. The Form should be maintained in confidential medical file separate from the usual personnel file. 506.03 FORMS Reasonable Accommodation Request Form ADA Request for Reasonable Accommodation Reasonable Accommodation Interactive Process Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 155 of 186 507.00 BREASTFEEDING IN THE WORKPLACE 507.01 POLICY/PURPOSE The Town supports breastfeeding mothers by providing reasonable accommodations for those who wish to express breast milk during the workday. 507.02 REASONABLE ACCOMMODATIONS A. Break Time. The Town provides a reasonable amount of break time for exempt and non- exempt employees to express milk for her nursing child as frequently as needed by the nursing mother. The frequency of breaks needed to express milk as well as the duration of each break will likely vary. Breaks of more than 15 minutes in length will be unpaid for non-exempt employees, and non-exempt employees must indicate this break period on their time records. Where non-exempt employees are already compensated for breaks, and use that break time to express milk, the employee(s) must be compensated in the same way that other employees are compensated for break time. Additionally, should an employee perform any work while expressing breast milk, the work time must be compensated. B. Break Location. The Town will provide a private place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, with a locked door, where employees can express breast milk. The location provided must be functional as a space for expressing milk. This space will also provide access to running water for hand washing and cleaning equipment. If the space is not dedicated to nursing mothers’ use, it must be available when needed. A space temporarily created or converted into a space for expressing milk or made available when needed by the nursing mother is sufficient provided that the space is shielded from view and free from any intrusion from coworkers and the public and has a locked door. C. Storage of Breast Milk. Any breast milk stored in the Town’s break room refrigerator must be labeled with the name of the employee and the date. Employees storing milk in the refrigerator assume all responsibility for the safety of the milk and the risk of harm for any reason, including improper storage, refrigeration, or disposal. 507.03 DISCRIMINATION AND RETALIATION PROHIBITED The Town will not suspend or terminate the employment of, or otherwise discriminate against or harass an employee because the employee asserted her rights under this Policy. Discrimination and harassment are strictly prohibited. 601.00 DISCIPLINE Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 156 of 186 601.01 POLICY/PURPOSE When an employee's conduct results in deficiencies in job performance, violations of law, Town regulations, or policies and procedures, it is the policy of the Town to take appropriate action to improve and/or correct the conduct or performance or, if necessary, remove the employee from the Town workforce through application of the standardized disciplinary actions and procedures specified in this Policy. The Town’s Discipline Policy in no way limits or alters the at-will relationship between the Town and its employees. 601.02 GENERAL PROVISIONS A. Disciplinary action will be consistent with the nature of the deficiency or infraction involved and with other relevant factors. In reaching a decision as to what disciplinary action will be taken, the immediate Supervisor should consider such factors as the type and severity of the employee’s conduct or performance related issues and the results, the employee's work record, the employee’s prior disciplinary record, and any mitigating or aggravating circumstances, which may be relevant to the situation. Before taking any disciplinary action, the immediate Supervisor must consult with Human Resources. B. All disciplinary action(s) must be documented in writing. Except where specifically provided in this Policy, records of all disciplinary actions will be maintained in the Human Resources Department. C. While it is expected that disciplinary actions be exercised progressively so that lesser actions are used for minor deficiencies or infractions and more severe disciplinary action is taken for serious violations or for repeated deficiencies or infractions, the nature of the deficiency or violation in any particular situation may require that a more severe disciplinary action be taken. In that circumstance, it may be appropriate for the employee’s Supervisor to take disciplinary action that the employee’s Supervisor determines appropriate given the magnitude of the violation without first complying with progressive disciplinary actions for the violation. Consistent with the progressive discipline process, records of finalized disciplinary actions are not permitted to be purged or destroyed, so that a full record of an employee’s disciplinary history is maintained. D. Violation of company policies, procedures, or performance related issues may warrant disciplinary action. Forms of discipline that the Town may elect to use include Coaching, Documented Verbal Warnings, Written Warnings, Final Warnings, Administrative Leave, Suspensions, Demotions, and Termination. The Town may, at its sole and absolute discretion, deviate from any order of progressive disciplinary actions and utilize whatever form of discipline is deemed appropriate under the circumstances, up to and including termination. 601.03 DISCIPLINE PROCESS A. Discipline. Discipline is initiated when an employee receives notice(s) as described in Section 601.00. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 157 of 186 1. Consultation with Human Resources. The immediate Supervisor and/or Department Head must consult with Human Resources prior to issuing any disciplinary actions, including: Coachings, Documented Verbal Warnings, Written Warnings, Final Written Warnings, Administrative Leave, Suspensions, Demotions, and Terminations of Employment. 601.04 DISCIPLINARY ACTIONS A. The options for disciplinary action are listed in the chart provided as Appendix A to this policy. It includes the documents, retention requirements, the response, and any appeal process for each level of discipline. B. The progressive discipline procedures outlined in this Policy are intended to be general guidelines that allow management to address performance, conduct and other employment-related issues in a consistent manner. The progressive discipline process may be preempted at any time depending on the particular disciplinary situation. The severity of disciplinary action taken in a given situation will be determined based upon consultation with Human Resources and will include a review of the facts and all applicable information. However, despite the existence of the progressive discipline process, employment remains at-will and employees may be terminated at any time, with or without cause. The steps in the progressive discipline policy are set forth below. However, some situations may require a different sequence than set forth below. 1. Coaching. Coaching is an informal discussion between an immediate Supervisor and employee about the need to improve performance, conduct, or other employment- related issues. This discussion allows the immediate Supervisor an opportunity to offer solutions and options to help the employee meet the expectations and/or resolve a problem or performance issue. The immediate Supervisor documents the discussion on the Employee Coaching Form. The employee may make comments regarding the Coaching on the form and shall sign the document indicating that is was received and read. If the employee refuses to sign the form, the immediate Supervisor will note on the form that the employee refused to sign. The employee will be provided with a copy of the document whether or not the employee has signed. The original Employee Coaching Form will be retained in the employee’s department file. This action is not appealable. 2. Documented Verbal Warning. A Documented Verbal Warning is an oral instruction from the immediate Supervisor to the employee about the need to improve performance, conduct, policy violation, or other employment-related issues. Before placing an employee on a Documented Verbal Warning, the immediate Supervisor must consult with Human Resources. Even though the instruction is oral, this level of discipline must still be documented on a Disciplinary Counseling Form. The employee may make comments regarding the Documented Verbal Warning on the form and Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 158 of 186 shall sign the document indicating that it was received and read. If the employee refuses to sign the form, the immediate Supervisor will note on the form that the employee refused to sign. The employee will be provided with a copy of the document whether or not the employee has signed. The original disciplinary form will be retained in the employee’s file in the Human Resources Department. This action is not appealable. 3. Written Warning. If no or insufficient improvement is shown following the Documented Verbal Warning, or if the conduct in question warrants stronger action, a Written Warning will be issued. Before placing an employee on a Written Warning, the immediate Supervisor must consult with Human Resources. The Written Warning should summarize the events leading up to the Written Warning and will advise the employee of the corrective action that must be taken within a specific time frame. It shall also state whether further actions will be taken for failure to take corrective action. The employee may make comments regarding the Written Warning on the form and shall sign the document indicating that it was received and read. If the employee refuses to sign the form, the immediate Supervisor will note on the form that the employee refused to sign. The employee will be provided with a copy of the document whether or not the employee has signed. The original disciplinary form will be retained in the employee’s file in Human Resources. This action is not appealable. 4. Final Written Warning. If the immediate Supervisor determines after a review of the previous action(s) that the level of improvement by the employee is unsatisfactory, the employee will receive a Final Written Warning. Before placing an employee on Final Written Warning, the immediate Supervisor must consult with Human Resources. The employee may make comments regarding the Final Written Warning on the form and shall sign the document indicating that it was received and read. If the employee refuses to sign the form, the immediate Supervisor will note on the form that the employee refused to sign. The employee will be provided with a copy of the document whether or not the employee has signed. The original disciplinary form will be retained in the employee’s personnel file in Human Resources. Failure to demonstrate improvement may result in further disciplinary action, up to and including termination of employment. This action is not appealable. Multiple instances of any type of disciplinary action may result in termination of employment. The instances need not be related to the same issue. 5. Administrative Leave. When conduct is of a serious nature or when circumstances indicate that allowing the employee to continue to work would adversely affect the workplace the employee may be placed on administrative leave during the investigation process. If the Administrative Leave is unpaid, the employee may not use any sick, vacation, personal leave or comp time hours during the leave. If the Administrative Leave is unpaid, this action is not appealable. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 159 of 186 Administrative Leave may be paid or unpaid as determined by the nature of the event and at the discretion of the Department Head or Town Manager. 6. Suspension. If Written or Final warnings fail to improve the employee’s performance or conduct, or if the employee engages in misconduct that is so severe that it warrants a stronger action, the immediate Supervisor may decide to place the employee on unpaid Suspension. Before placing an employee on suspension, the immediate Supervisor must consult with Human Resources. When an employee is placed on Suspension they may not use any sick, vacation, personal leave or comp time hours during the suspension period. The employee may make comments regarding the Suspension on the form and shall sign the document indicating that it was received and read. If the employee refuses to sign the form, the immediate Supervisor will note on the form that the employee refused to sign. The employee will be provided with a copy of the Final Written Warning form whether or not the employee signed. The original disciplinary form will be retained in the employee’s file in Human Resources. This action is appealable. Failure to demonstrate sufficient improvement may result in further disciplinary action, up to and including termination of employment. Multiple instances of any type of disciplinary action may result in termination of employment. The instances need not be related to the same issue. An exempt employee may only be suspended without pay for one or more days only in full-day increments. Before suspending an exempt employee, the immediate Supervisor must consult with Human Resources. 7. Demotion. An immediate Supervisor may demote an employee for disregarding or violating a Policy, or for repeated refusal or inability to improve performance. Demotions may be either permanent or for a predetermined specific period of time and may be used in conjunction with other disciplinary action. Disciplinary demotions will be accompanied by a reduction in salary in accordance with Town Human Resources Policies and Procedures. Employees shall be given written notice of the reason(s) for, and duration of, the demotion, if applicable; and in the case of a temporary demotion, the action requires that the employee be reinstated to his/her former position after the stated demotion period. Before demoting an employee, the immediate Supervisor must consult with Human Resources. The employee may make comments regarding the demotion on the form and shall sign the document indicating that it was received and read. If the employee refuses to sign the form, the immediate Supervisor will note on the form that the employee refused to sign. The original disciplinary form will be retained in the employee’s personnel file in Human Resources. This action is appealable. Failure to demonstrate sufficient improvement may result in further disciplinary action, up to and including termination of employment. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 160 of 186 Multiple instances of any type of disciplinary action may result in termination of employment. The instances need not be related to the same issue. 8. Termination of Employment. Before any employee is involuntarily terminated from employment, Human Resources must be consulted. The employee will be given written notice of the reason(s) for termination of employment on the Disciplinary Counseling Form. The written notice shall state the reason(s) for the termination of employment in sufficient detail to enable the employee to respond; however, it is not required that the Disciplinary Counseling Form specify every reason or occurrence that resulted in termination. The disciplinary notice will include the statement that the employee has a right to appeal this action by submitting a response in writing to Human Resources within five (5) calendar days of the termination. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 161 of 186 APPENDIX A 601.05 APPEAL PROCESS 1. Any employee who is terminated, demoted or suspended without pay shall have a right to appeal the decision to the Town Manager. The right to appeal must be exercised within five (5) business days of the date of the decision, by filing a completed Appeal Form with the Human Resources Department and a copy to the Town Manager for a hearing. 2. In the event an appeal is requested the Town Manager shall hear the appeal within ten, (10) business days following the receipt of the appeal. In the event the Town Manager is not on duty prior to the expiration of the ten-day period, then the Town Manager will issue a decision within five (5) business days following the return to duty. a. The appeal must be based solely upon the disciplinary action in question. The employee may make a statement and submit to questions from the immediate Supervisor if the employee desires. No other witness testimony or outside representation is allowed during this meeting, unless otherwise required by law. 3. Upon conclusion of the appeal hearing, the Town Manager shall have five (5) business days to make a determination. After reviewing evidence presented, the Town Manager may sustain, reverse, modify or amend the action taken as he/she determines is just and equitable under all the facts and circumstances of the case. The decision of the Town Manager is final and non-appealable. 4. If any employee fails to appeal an action within the time limits specified in this chapter or in accordance with the guidelines and procedure promulgated by the Human Resources Department or fails to appear at any hearing, the disciplinary action shall be final and non-appealable. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 162 of 186 Step Required Forms Retention Location Response Appeal Coaching Coaching Form Department File Two (2) calendar days to immediate Supervisor None Document Verbal Warning 1. Disciplinary Counseling Form 2. Disciplinary Response Form HR File Two (2) calendar days to respond to immediate Supervisor None Written Warning 1. Disciplinary Counseling Form 2. Disciplinary Response Form HR File Two (2) calendar days to respond to immediate Supervisor None Final Warning 1. Disciplinary Counseling Form 2. Disciplinary Response Form HR File Two (2) calendar days to respond to immediate Supervisor None Administrative Leave (Unpaid) 1. Disciplinary Counseling Form 2. Disciplinary Response Form HR File None None Suspension 1. Disciplinary Counseling Form 2. Disciplinary Response Form 3. Disciplinary Appeal Form – 1st Level 4. Disciplinary Appeal Form – 2nd Level HR File Five (5) calendar days to respond to immediate Supervisor 1. Department Head 2. Town Manager or designee Demotion 1. Disciplinary Counseling Form 2. Disciplinary Response Form 3. Disciplinary Appeal Form – 1st Level 4. Disciplinary Appeal Form – 2nd Level HR File Five (5) calendar days to respond to immediate Supervisor 1. Department Head 2. Town Manager or designee Termination 1. Disciplinary Counseling Form 2. Disciplinary Appeal Form – 1st Level 3. Disciplinary Appeal Form – 2nd Level HR File None 1. Department Head 2. Town Manager or designee Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 163 of 186 602.00 EMPLOYEE COMPLAINTS 602.01 POLICY/PURPOSE All employees are encouraged to bring any complaints about work-related situations to the attention of management. Employees shall seek to first informally discuss any issues with their immediate Supervisor or other members of the department’s management. In a continuing effort to maximize harmonious relations with employees, management should always treat each employee with respect and as an individual, encouraging continuous open communication between all levels of employees. It is the objective of the Town to ensure that all formal complaints (reporting of misconduct of an employee, such as harassment or disagreement over an ordinance, resolution, policy, rule or regulation or an allegation that the Town has violated, misinterpreted, or inequitably applied an existing law, ordinance, resolution, policy, rule or regulation, as it applies to the conditions of employment, not to include questioning the substance of policy) against employees are investigated to maintain the integrity and positive work environment and perception of the Town. This procedure does not apply to the investigation of criminal acts. 602.02 VERBAL COMPLAINTS Citizens or employees of the Town are permitted to make verbal complaints concerning the conduct of employees of the Town; however, disciplinary action may or may not result against the employee, based on facts and information presented concerning the alleged conduct based solely upon the verbal complaint. Nothing in this procedure is construed to prohibit further investigation of the complaint and a Supervisor or Department Head in charge of such employee shall not be precluded from obtaining a written complaint on his own initiative. 602.03 GENERAL PROVISIONS A. Scope. The Complaint Policy procedure provides an avenue for any employee to obtain management review, through the employee’s department, of any work-related issue that adversely impacts the employee and for which there is no other means of response, review, appeal, or resolution as provided in this Manual. B. Unlawful Discrimination Complaint. Any employee who feels that he or she has been unlawfully discriminated against in matters relating to working conditions or other conditions of employment, solely because of the employee’s race, color, religion, national origin, age (40 or older), veteran status, disability, citizen status, sexual orientation or preference, and genetic information shall have the right to file a complaint directly with Human Resources, as set out under the Town’s Discrimination and Harassment Procedure (205.00). C. Time Limits. Prompt resolution of complaints is desired. Time limits specified may be extended or shortened by written agreement of the parties. Human Resources may extend the time limits if the parties cannot agree, but cannot shorten time limits. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 164 of 186 1. A complaint not brought forward by the employee within the time limits prescribed at each step will not be considered timely and will be void. 2. A complaint shall be responded to within the time limits prescribed by the appropriate immediate Supervisory authority level. Failure to timely respond to a complaint does not void the complaint, nor does it uphold the complaint or provide the grounds for another complaint to be filed. D. Statement of Complaint. At each step of the process, the written complaint must contain: 1. A detailed statement of the complaint and the facts upon which it is based; 2. Description of the specific wrongful act and harm done to the aggrieved employee; and 3. Statement of the remedy or adjustment sought. E. Sequential Steps. When the response to any step of the complaint procedure is not acceptable to the employee, the next sequential step must be followed within the time limits specified. F. Human Resources Assistance. At any step of the complaint procedure the immediate Supervisor/Department Head who is to respond to the complaint may seek assistance from Human Resources or designee in resolving the complaint. 602.04 COMPLAINT PROCEDURES A. Step One/Immediate Supervisor. The employee should first seek to resolve the issue informally. All complaints shall be initially presented orally to the employee’s immediate Supervisor. Race, color, religion, national origin, age (40 or older), veteran status, disability, citizen status, sexual orientation or preference, and genetic information are to be taken directly to Human Resources. In this first step, the complaint shall be thoroughly discussed by the parties in order that every effort can be made to resolve the matter to the mutual satisfaction of employee and immediate Supervisor. If the issue is not resolved, the employee may file a Step One Complaint Form with Human Resources and the employee’s immediate Supervisor. The Step One Complaint Form must be filed within five (5) calendar days of the incident or when the employee became knowledgeable of the incident. The immediate Supervisor will attempt to resolve the matter and will submit a written response to the employee within ten (10) calendar days after receipt of the Step One Complaint Form. B. Step Two/Department Head Review. If the immediate Supervisor is unable to resolve the matter or the employee does not find the immediate Supervisor's response acceptable, the employee may file a Step Two Complaint with the Department Head and Human Resources. The Step Two Complaint must be filed within five (5) calendar days of receipt of the immediate Supervisor's written response to the Step One Complaint. The Department Head or designee will meet with the employee and render a written decision to the employee within ten (10) calendar days after the meeting. A copy of the decision Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 165 of 186 shall be given to Human Resources. If the Department Head is the employee's immediate Supervisor, the employee must, within the time limits specified for presentation to the Department Head, present the Step Two Complaint Form to the Department Head's immediate Supervisor, who will act as specified in this Section in lieu of the Department Head. C. Step Three/Town Manager Review 1. If the Department Head or designee is unable to resolve the complaint or the Step Two response is unacceptable, the employee may seek further review by filing a Step Three Complaint Form with the Town Manager and Human Resources, within five (5) calendar days of receipt of the Step Two decision. 2. Within an appropriate period of time and without undue delay, the Town Manager, or designee will either uphold the decision of Step Two, or uphold the complaint and grant the employee the remedy sought, or render any other decision consistent with good management principles, practices, and policies. The decision of the Town Manager or designee is final in response to a Complaint or a committee recommendation and is not subject to appeal. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 166 of 186 701.00 SAFETY AND ACCIDENT REPORTING 701.01 POLICY/PURPOSE The Town is committed to providing a safe workplace. Employees are expected to take an active role in promoting workplace safety by reporting unsafe working situations and by noting where fire extinguishers, first-aid kits, and emergency exits are located. Additionally, employees are required to report accidents in order to help management identify and correct the underlying causes of accidents, and thereby prevent similar accidents. Accident reporting is also required so that any injuries sustained in the course and scope of employment are reported to the Town’s Worker’s Compensation Administrator. 701.02 GENERAL PROVISIONS A. Employees are responsible for exercising care and good judgment in preventing accidents and for observing safety rules when performing job duties. Employees are required to: 1. Report all accidents to their immediate Supervisor and seek first aid for all injuries, however minor they may be, so that a First Report of Injury may be completed. Supervisors will contact Human Resources to file a report of injury; 2. Report any unsafe work conditions, equipment, or practices to their immediate Supervisor as soon as possible; 3. Attend scheduled safety meetings and activities; and 4. Contact their immediate Supervisor on a regular basis, as specified by department regulations and Workers’ Compensation Policy, when work-related injuries result in lost time, for the purpose of keeping the immediate Supervisor informed of the employee's medical condition and expected return-to-work status. B. Employees shall promptly report the need for repairs of any Town-owned or leased property issued to, used by, or possessed by employees to their immediate Supervisor and to the Town department officially charged with maintenance of such property. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 167 of 186 C. Employees shall not alter, repair, or in any way change, add to, or remove any parts or accessories of any Town-owned or leased property without the written permission of the Department Head and the Town department officially charged with maintenance of the property (such as Information Technology for computers, Fleet for vehicles). This includes buildings, office equipment, machines, clothing, tools, and other equipment. D. Employees who operate vehicles or equipment in the course and scope of employment with the Town will be instructed, where applicable, in the use of that equipment. E. Safety Committee. The Safety Committee will meet quarterly to discuss safety issues and ways to improve safety. 701.03 DEPARTMENT PROVISIONS A. Each Department Head shall have the responsibility to develop and implement appropriate safety programs in his/her department. B. It is the responsibility of employees to identify and familiarize themselves with the safety programs of their department and working area. 701.04 PERSONAL PROTECTIVE EQUIPMENT A. The Town will provide, as determined by management, items of personal protection, including clothing, as specified in this Chapter. B. Immediate Supervisors will direct the use of personal protective items when warranted. Employees will comply with such direction. Examples are as follows: 1. Hard hats will be provided and must be used by all employees working in areas where the danger for head injuries exists. 2. Hearing protection devices will be provided and must be worn by all employees working in areas where the danger of noise exposure exceeds accepted safe limits. 3. Eye and face protection equipment will be provided and must be used by all employees where the potential for eye or face injury from physical, chemical, or radiation agents exists. 4. Respiratory protective devices will be provided and must be used by all employees when working in atmospheres where any possible threat to life and health, or where there is any threat of exposure to contaminants, which are likely to have adverse and/or delayed effects on the health of the employee. 5. Protective footwear must be used by all employees when working in areas where equipment operation, or the movement of heavy materials, or construction situations could cause injury to the feet. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 168 of 186 6. Protective gloves must be worn by all employees when work-site operations could cause injury to the hands. 7. Outer garments marked with or made from reflective or high-visibility material will be provided and must be worn by all employees when exposed to vehicular traffic in alleyways, roads, streets, highways, or when working within 15 feet of a street or roadway. 8. OSHA approved fall-arrest equipment will be provided and must be used by all employees when working in an overhead position that may require use of both hands and/or when working over four feet (4’) above the surface. 9. Life jackets or buoyant work vests will be provided and must be used by all employees when working over or near water where the danger of drowning exists. 10. Confined-space work rules will be followed for all work in confined spaces. https://www.osha.gov/confinedspaces/ 11. Hats will be provided to Parks Department Staff and will be part of the uniform and must be worn during working hours. 701.05 OPERATION OF VEHICLES A. Vehicle Operator Qualifications. In order to operate any Town motor vehicle, or any other motor vehicle in the course of Town business, an employee must: 1. Have a valid Texas operator’s license for the class of vehicle to be driven; 2. Have a record of no more than three (3) moving violations and/or accidents within a 24-month period; 3. Have no record of D.W.I. (Driving While Intoxicated) or D.U.I.D. (Driving Under the Influence Drugs) convictions in the preceding 24-month period; 4. Be at least 18 years old; and 5. Be otherwise qualified under federal and state regulations to drive the vehicle in question. B. Driving records of employees who operate Town motor vehicles will be examined on an annual basis by the department in which they work. C. Employees who operate Town motor vehicles in the course and scope of their employment or any other motor vehicle in the course of Town business must notify their immediate Supervisor: 1. When their driver's license becomes invalid or suspended for any reason, such employees will immediately be prohibited from operating vehicles for Town business. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 169 of 186 2. Immediately during regular working hours (or by the next working day if after hours) when any ticket or citation for any violation of state law or a local ordinance relating to motor vehicle traffic operation other than parking violations is received. This notice must be in writing and include: a. Driver’s full name and license number; b. Date of the incident; c. Nature of the violation; d. Whether or not the violation was committed in a commercial vehicle, or a vehicle used for Town business, and e. Location of the offense. D. An employee shall operate any vehicle used for Town business in a careful and prudent manner and shall obey the laws, policies, regulations, and procedures of the state, Town, and any political subdivision pertaining to such operation. E. Duty Restrictions/Possible Dismissal. A physical, mental, or driving skill impairment that affects an employee's ability to safely operate a motor vehicle, or the failure to comply with the driver qualifications specified in this Section, precludes that employee from operating any Town owned or leased vehicle or privately-owned vehicle for Town business. If vehicle operation is an essential job function of the position, the employee will be immediately relieved of duty and, if the vehicle operation impairment is due to suspected physical or mental impairment, the employee will be subject to a health and fitness evaluation as specified in Section 201.00 Standards of Conduct Policy, to determine whether any reasonable accommodation will allow the employee to safely operate a motor vehicle. F. Passenger Restraint Systems. As required by law, passenger restraint systems must be worn by the driver and passengers when a vehicle is in operation. The driver is responsible for ensuring compliance by all occupants. If the restraint system is inoperable, the vehicle cannot be used until it is repaired. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 170 of 186 701.06 ACCIDENT INVOLVEMENT Employees will notify 911 for all fleet accidents and request a Crash Report be filled out. If an accident [Texas now uses the term: CRASH] occurs involving a motor vehicle owned/leased by the Town of Trophy Club, whether on-duty or off-duty, the employee shall contact the appropriate law enforcement agency for that particular jurisdiction and inform the responding officer that “This is a fleet vehicle owned by the Town of Trophy Club and Policy requires that the crash be reported and investigated”. The involved employee should obtain the agency case number for the investigation so that the Town may get a copy of the report when ready. Failure to report accident may result in disciplinary action, up to and including termination. When damage occurs to Town Equipment, the employee shall fill out an Equipment Damage Report and submit it to their immediate Supervisor immediately or within one calendar day of event. Failure to report any equipment damage may result in disciplinary action, up to and including termination. A. All accidents involving injury to any person, Town-owned or leased vehicles or equipment, personal vehicles, or equipment used for Town business, and/or property damage must be reported to the immediate Supervisor by the employee(s) involved (or witnesses, if the employee is unable to report) as soon as possible, but no later than 24 hours after the accident. The immediate Supervisor must report these accidents to the appropriate Department Head and Human Resources. B. Employee Responsibilities. Unless transported from the scene for medical treatment, an employee involved in a work-related accident is required to report and will: 1. Render aid to other parties if possible and necessary; 2. Report the accident and any injuries immediately to the local law enforcement agency; 3. Immediately notify the immediate Supervisor, who will in turn notify the appropriate Department Head and Human Resources and, where necessary, the Town Attorney's Office; 4. Record the name, address, and phone number of any witnesses; 5. Record the make, model, and license number of any other involved vehicle involved and obtain the names, addresses, and telephone numbers of the driver and occupants of the other vehicle(s), if any; 6. Be courteous, without making or signing any statement for anyone other than the police officer responding to the scene, or the Town Attorney's Office representative; 7. Remain at the accident scene until excused by the immediate Supervisor or the local law enforcement personnel; Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 171 of 186 8. If requested, provide a statement to Human Resources and the Town Attorney's Office; and 9. If involved in a work-related motor vehicle accident, an employee shall not discuss or reveal information or provide statements/information to non-Town personnel. C. Administrative Accident Investigation 1. The appropriate Department Head, or other designated Town employee(s), will conduct an administrative investigation into the circumstances of the accident and prepare a written report that includes a statement of the facts and analysis as to cause. The report will also include recommendations of any corrective action that should be taken to prevent recurrence of such an accident. If the administrative investigation is conducted by anyone other than Human Resources, a copy of the report will be sent to Human Resources. 2. Where necessary, Human Resources will coordinate any claims/litigation defense with the Town Attorney’s Office. D. Any employee who is involved in an accident under this Section will be required to undergo examinations and/or tests as specified in Section 201.00 Standards of Conduct Policy, Section 206.00 Drug and Alcohol in the Workplace, and/or Section 703.00 Workers’ Compensation Policies of this Manual. 701.07 SAFETY INSPECTIONS AND ANALYSIS A. Human Resources will: 1. Conduct periodic review of onsite safety inspections and report any unsafe conditions to management; 2. Provide hazard and accident analysis; and 3. Prepare and keep adequate records of all accidents and develop programs to assist in eliminating accidents. B. Immediate Supervisors will conduct regular safety inspections to ensure safe working and work site conditions. 701.08 FIREARMS AND WEAPONS IN THE WORKPLACE A. Unless specifically authorized by the Town Manager or his/her designee, no employee, other than a licensed peace officer for the Town, shall carry or possess a firearm, ammunition or other prohibited weapons in the workplace or on the premises of the workplace, except as specifically authorized by this Section. B. An employee of the Town who holds a license to carry a handgun under applicable law, and who otherwise lawfully possesses a firearm, or who lawfully possesses ammunition, Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 172 of 186 may transport or store the firearm or ammunition that the employee is authorized by law to possess in a locked, privately owned motor vehicle in a parking lot, parking garage, or other parking area the Town provides for employees. C. Section B does not apply to a vehicle owned or leased by the Town and used by an employee in the course and scope of employment, unless the employee is required to transport or store a firearm in the official discharge of the employee’s duties. 701.09 FORMS AND LINKS https://www.osha.gov/confinedspaces/ Crash Report Equipment Damage Report Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 173 of 186 702.00 EMERGENCY MANAGEMENT 702.01 POLICY/PURPOSE Emergency Management is the process of coordinating available resources to combat emergencies effectively, thereby saving lives, avoiding injury, and minimizing economic loss. 702.02 GENERAL PROVISIONS A. Department of Emergency Management Annex Distribution Confidentiality Agreement and Non-Disclosure Policy 1. Non-Personnel 2 Personnel a. The Emergency Preparedness Plan for the Trophy Club Entities (“Plan”) is confidential and shall not be released except as specifically provided herein. A person who receives a request for all or a portion of the information contained in the Plan shall submit that request to the Town Secretary, or her designee, for processing through the open records request process. No person shall allow access to or provide a copy of all or any portion of the Plan to any person except as specifically authorized by the Texas Public Information Act or other applicable law. Release of any or all of the information contained in the Plan without permission of the Town will result in criminal charges being filed against any individual who releases the information. Additionally, a person in possession of the Plan shall take such actions as appropriate to secure the Plan and the information contained therein from access by unauthorized persons. The following is an excerpt from the Texas Criminal Statutes that outlines the charges and the penalty for improper release of the information. Texas Penal Code 39.06: Misuse of Official Information (Selected Sections) A public servant commits an offense if with intent to obtain a benefit or with intent to harm or defraud another, he discloses or uses information for a nongovernmental purpose that he has access to by means of his office or employment; and 2) has not been made public. e) . . . an offense under this section is a felony of the third degree. B. In addition to the criminal penalties provided by the Texas Penal Code, release of information outside of the open records process or failure to properly secure the Plan is grounds for employee discipline, up to and including termination. Disclosure of the Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 174 of 186 information contained herein in violation of the foregoing policy will also subject an employee to both criminal and civil liability. 702.03 Infectious Disease/Pandemic Response Policy The Town of Trophy Club is dedicated to operate effectively and ensure that all essential services are continuously provided while ensuring employee safety within the workplace. In the event of a declared WARNING for infectious disease spread by Town Manager, Denton or Tarrant County Health Departments, or the State of Texas, staff should follow the recommendations for self-protection distributed by the Centers on Disease Control (CDC and the County Health Departments). The following are minimum recommendations only and are not intended to replace CDC safety recommendations. A. Definitions: Pandemic – novel virus or disease that emerges for which there is little or no immunity in the human population causing an outbreak occurring over a wide geographic area and affecting an exceptionally high percentage of the population regionally, nationally and/or worldwide. Social Distancing - actions taken to limit person-to-person contact during a pandemic. Telecommuting – a mutually agreed upon arrangement between the employee and their manager, and approved through a Director or the Assistant Town Manager, in which an employee is approved to perform work duties from an alternative work site for a specified period of time. B. Employee Responsibilities: Avoid close contact with people who are sick Avoid touching your eyes, nose and mouth Stay home if you are sick Cover your cough or sneeze with a tissue, then throw the tissue in the trash Clean and disinfect frequently touched objects and surfaces using a regular household cleaning spray or wipe Wash hands often throughout the day, especially before and after you go to the bathroom, before you eat and before you touch your face. When washing your hands do so for 20 seconds with soap and water or an alcohol based hand sanitizer with at least 60% alcohol Employees and volunteers should self-quarantine if you have traveled to a CDC prohibited location or if you have had contact with someone who has traveled to a CDC prohibited location. If you have a fever AND a cough or shortness of breath, see a medical professional o If you are tested or quarantined contact your supervisor or Human Resources immediately Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 175 of 186 o Contact your supervisor or Human Resources if you or someone in your house is under quarantine ASAP (your identity and health information will be protected but others will be notified that a possible exposure has occurred at work) o If contact with a positive case or person under investigation it is recommended that you follow CDC guidelines and complete the risk-assessment @ https://www.cdc.gov/coronavirus/2019-ncov/php/risk-assessment.html C. Organizational Response: Each department director should continue to maintain proper staffing levels and in priority order to maintain essential functions in either your position or in other functions as assigned during the pandemic. Staffing modifications should be coordinated through the Office of Emergency Management and the Town Manager’s Office as necessary as circumstances change through the course of any pandemic. To ensure continuity of operations, departments should plan for alternatives and options due to employee absenteeism and possible delivery disruption of products and services by outside vendors. If the pandemic outbreak is widespread regionally or nationally, outside governmental organization assistance may be compromised or limited. Employee absenteeism may spike due to employee and/or family member illness, and/or school, daycare and/or eldercare closings. Directors/Managers will determine any specialized Personal Protective Equipment PPE) needed to maintain emergency operations. Town staff and/or resources may be required to provide services not currently performed as deemed necessary Salary and wages for employees that are out of work due to illness or self-quarantine because of the pandemic will be addressed on a case-by-case basis by the Town Manager’s office. Telecommuting if feasible will be encouraged to help maintain workflow during the pandemic. Town employees are covered by the Families First Coronavirus Response Act and eligible for Emergency Paid Sick Leave and Emergency Family Medical Leave as provided by the Act. D. General: Ensure that elected officials, volunteers and staff are communicated to providing clear, consistent, and coordinated information on procedures that impact the organization. Ensure that sick employees work/stay home and are sent home if they come to work sick or become sick while at work Ensure that your sick leave policies are flexible and consistent with public health guidance and that employees are aware of these policies. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 176 of 186 Do not require a healthcare provider’s note for employees who are sick with acute respiratory illness to validate their illness or to return to work, as healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely way. HR will maintain flexible policies that permit employees to stay home to care for a sick family member as more employees may need to stay at home to care for sick children or other sick family members than is usual. Ensure that cleaning company is routinely cleaning all frequently touched surfaces in the workplace, such as workstations, countertops, and doorknobs. Use the cleaning agents that are usually used in these areas and follow the directions on the label. Retain a vendor for deep cleaning of the facility and air handling systems Identify essential personnel and tasking to keep organization operational Technology: ensure that minimal tasking can be completed from home if necessary lap tops for all essential personnel) Limiting Travel: all nonessential business travel should be avoided until further notice. Employees that are scheduled for “essential travel” should consult with their Director and Town Management on the appropriateness and timing of the trip. Telecommuting: Telework request will be handled on a case-by-case basis and approved by the department Director, Assistant Town Manager or the Town Manager. o Employees approved to work from home shall track their time accordingly through ESS. If a staff member has been placed under quarantine or tested positive to COVID- 19 or other communicable disease it is the responsibility of the employee to contact their supervisor immediately. E. Employee quarantine or Positive Test to COVID-19 or other highly communicable disease: Contact Town Manager or Assistant Town Manager immediately for possible closing or limited opening of Town Hall HR and Marketing/Communications send message to all personnel delaying Town Hall opening until need for deep cleaning is addressed HR will assist in the completion of the CDC recommended Risk Assessment, https://www.cdc.gov/coronavirus/2019-ncov/php/risk-assessment.html, and notify other employees that they could have been exposed while adhering to HIPAA guidelines Facilities order a “Deep Cleaning” including the disinfectant of all surfaces in the building Facilities order a “Deep Cleaning” of the HVAC system and have all air filters changed Deep clean all Town owned vehicle interiors with anti-microbial Consider a limited opening of Town Hall for essential personnel/activities or full opening Consider enacting social distancing guidelines Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: October 1, 2018 Page 177 of 186 o Avoid meeting people face-to-face. Employees are encouraged to use the telephone, online conferencing, e-mail or instant messaging to conduct business as much as possible, even when participants are in the same building. o If a face-to-face meeting is unavoidable, minimize the meeting time, choose a large meeting room and sit at least one yard from each other if possible; avoid person-to-person contact such as shaking hands. o Avoid any unnecessary travel and cancel or postpone nonessential meetings, gatherings, workshops and training sessions. o Do not congregate in break rooms, pantries, copier rooms or other areas where people socialize. o Bring lunch and eat at your desk or away from others (avoid lunchrooms and crowded restaurants). o Encourage members and others to request information and orders via phone and e-mail in order to minimize person-to-person contact. Have the orders, materials and information ready for fast pick-up or delivery. Police and Fire Departments will follow their respective standard operating procedures for response to infectious disease outbreaks. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: January 5, 2024 Page 178 of 186 Section 703 Workers’ Compensation replaced with TM – 507 Leave Adminsitration Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: January 5, 2024 Page 179 of 186 800.00 TIME REPORTING 801.00 POLICY / PURPOSE The Time Reporting Policy is established to ensure accurate and consistent recording of hours worked and leave taken for all employees. This policy aims to maintain transparency, uphold compliance with labor laws, and facilitate an effective and accurate payroll process. 802.00 TIME REPORTING / APPROVAL F. Employees are responsible for submitting their timesheets through the Town’s time keeping system accurately and promptly according to the designated payroll schedule. Employees must record their work hours accurately, including regular hours, overtime, and leave, in addition Employees are required to use all appropriate time reporting codes and special project codes accordingly. G. Supervisors are responsible for reviewing their employee timesheets, ensuring accuracy, and addressing all discrepancies prior to approval and submitting to payroll for processing. 803.00 GRANT TIME KEEPING A. Employees assigned to grant funded projects shall use the assigned project code for the corresponding grant in which work was performed. B. Exempt Employees are required to record their grant time worked through the Town’s time keeping system by coding the assigned Activity and Project code associated to the grant. C. Employees, if required by the Grant, will maintain a Grant Activity Sheet outlining all time worked on the grant project. The employee will submit the Grant Activity Sheet to their supervisor at the end of each pay period for approval and to maintain for grant reporting requirements. D. Supervisors are responsible to review the Grant Activity Sheet and reconcile against the submitted time sheet to ensure the information is accurate and address all discrepancies prior to approval. The Supervisor shall sign the Grant Activity Sheet and submit to the Grant Manager. E. The Grant Manager shall maintain the Grant Activity Sheets in the Grant file in accordance with the Grant requirements. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: January 5, 2024 Page 180 of 186 804.00 TIME REPORTING RECORD KEEPING All Time reporting records will be maintained by the Department of Finance in accordance with the applicable Records Retention Policy. 805.00 TIME KEEPING SYSTEM The Town utilizes a closed electronic Time Keeping System. The Department of Human Resources shall set up, assign, and maintain individual accounts for all employees with a unique user id and password. Employees are required to safeguard their user id and password. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: January 5, 2024 Page 181 of 186 GLOSSARY OF TERMS Assault: To attack someone verbally or physically, causing bodily or emotional injury, pain, and/or distress. This might involve the use of a weapon, and includes actions such as hitting, punching, pushing, poking, or kicking. At-Will Employees: Those employees defined as introductory, full-time, part-time, seasonal, temporary, council appointees, Town Manager, Department Heads, Town Attorney, the heads of organizational units, and persons in other specific positions in this Manual, those others designated at the time of hiring/promotion by the Town Manager as "at-will" and/or all other employees not serving the Town pursuant to a written employment agreement have no property interest in the positions they hold and therefore may be dismissed, transferred, or demoted at will, with or without cause, and with or without notice, at any time. Author: An authorized Town of Trophy Club official that creates and is responsible for posted articles and information on social media sites. Call-Back: An unscheduled or emergency return to work outside of officially scheduled work hours at the request of an immediate Supervisor. Clear and Imminent Risk to the Employee or to the Community: Includes, but is not limited to, an individual who is actively suicidal, an individual who is likely to physically harm another person, and/or an individual whose ability to function on the job is so substantially impaired that the individual presents a serious risk to the community; Coaching: An informal discussion between an immediate Supervisor and employee about the need to improve performance, conduct, or other employment-related issues. This discussion allows the immediate Supervisor an opportunity to offer solutions and options to help the employee meet the expectations and/or resolve a problem or performance issue. Compressed Work Week: A schedule that permits an employee to work the equivalent of a full week in fewer than five (5) days and will be at the discretion of the Town Manager. The 24-on/48-off schedule for Firefighters is not considered a compressed workweek. Covered Servicemember: A current member of the Armed Forces, including a member of the National Guard or Reserves, who is receiving medical treatment, recuperation, therapy or is in outpatient status or on the temporary disability list for a serious injury or illness. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: January 5, 2024 Page 182 of 186 Covered Veteran: A veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness is a covered veteran if he or she was a member of the Armed Forces (including a member of the National Guard or Reserves); was discharged or released under conditions other than dishonorable; and was discharged within the five-year period before the eligible employee first takes FMLA military caregiver leave to care for him or her. Days: When not specified as working days or calendar days, days are calendar days. If a deadline falls within a weekend or a holiday(s), the response is due by the end of the next business day. Department: A major segment of the Town organization headed by a person who reports directly to the Town Manager or his/her designee pursuant to the Home Rule Charter and policies of the Town. Department Head: The Chief Executive Officer of a department, whether identified as Director, Chief, or any other job title. Direct Threat of Violence: A specific and significant risk of violence coupled with a high probability of substantial harm, determined on a case-by-case basis. Documented Verbal Warning: An oral instruction from the immediate Supervisor to the employee about the need to improve performance, conduct, or other employment-related issues. Election: Includes primary, special, and general elections. Emergency Management: The process of coordinating available resources to combat emergencies effectively, thereby saving lives, avoiding injury, and minimizing economic loss. Employee: Shall include introductory period, regular full-time, regular part-time, seasonal, temporary, and reserve. Exempt Employee: An employee who performs executive, administrative, professional, or certain computer functions and is paid on a salary basis regardless of the number of hours worked in a pay period. Firefighters: Those employees designated as fire protection personnel as defined in Texas Government Code Sec. 419.021. Flex-Time: Allows the employee to work outside the normal work hours of 8:00 a.m. to 5:00 p.m. but requires eight hours of work per day Monday through Friday. Flex-time schedules must include an unpaid daily meal break of at least 30 minutes. Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: January 5, 2024 Page 183 of 186 Health Fitness Impairment: A temporary or permanent mental or physical impairment including, but not limited to injury (on or off the job), pregnancy, illness, or other job- restricting impairment, which diminishes or precludes one’s capacity for, or renders one unfit for performance of the essential job functions of the position. Injury in the Course and Scope of Employment: As defined in Texas Labor Code Sec. 401.11. Intimidating or Harassing Behavior: Threats or other conduct which in any way create a hostile environment, impair Town operations; or frighten, alarm, or inhibit others. Psychological intimidation or harassment includes making statements which are false, malicious, disparaging, derogatory, rude, disrespectful, abusive, obnoxious, insubordinate, or which have the intent to hurt others' reputations. Physical intimidation or harassment may include holding, impeding or blocking movement, following, stalking, touching, or any other inappropriate physical contact or advances. Introductory Period: The six-month period to review performance and conduct following a promotion, transfer, reclassification, demotion, or new hire. Introductory Period Employee: An employee in the performance probation period of initial employment or re-hire as specified in the Hiring and Selection Policy. Medical Information: Any information, data, or documentation relating to an employee's mental or physical condition. The term includes, but is not limited to, oral, written, or digital information concerning an employee's mental or physical condition; medical records; dental records; disability records; workers' compensation records; medical leave records; genetic information; health insurance information; and/or information concerning visits or payments to any health care professional, hospital, emergency room, or other type of short or long-term health care facility. Negligence: For the purposes of this manual, negligence is the failure to exercise the degree of care that an employee with ordinary prudence would exercise under the same or similar circumstances. Nepotism: The hiring of family or close relatives. In Texas, anti-nepotism laws prohibit a governmental entity from hiring certain close relatives of a public official. The Texas nepotism laws also prohibit a public official from appointing, confirming the appointment of, or voting on the appointment of a close relative to a paid public position. Non-Exempt Employee: An employee who is not classified as exempt and is paid on an hourly basis for the number of hours worked. On-Call Pay: Compensation to an employee who maintains his/her availability during off- duty hours to return back to work to perform emergency or needed procedures. On-the-Job Injury: See “Injury in the course and scope of employment.” Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: January 5, 2024 Page 184 of 186 Organizational Unit: Administrative designation of department segment created for business or operational purposes. Paid Status: Any period of active employment in which employee is working regular hours, not to include any Leaves of Absence. Police Officers: Those employees certified as Peace Officers by the Texas Commission on Law Enforcement Officer Standards and Education and commissioned as Police Officers by the Town of Trophy Club, regardless of their rank, classification, or job title. Political Purposes or Activities: Conduct in the furtherance of nonpartisan or partisan elections and/or of legislative actions by a governmental body. Public Official: Any Town official who is the final hiring authority, or is a member of the governing body that has final hiring authority. For the purposes of this Policy, a “Public Official” or “Town Official” means the Town Manager of the Town of Trophy Club, and the members of the Town Council. Reasonable Accommodation: Any change in the workplace or the way things are customarily done that provides an equal employment opportunity to an individual with a disability. While there are some things that are not considered reasonable accommodations (e.g., removal of an essential job function or personal use items such as a hearing aid that is needed on and off the job), reasonable accommodations can cover most things that enable an individual to apply for a job, perform a job, or have equal access to the workplace and employee benefits such as kitchens, parking lots, and office events. Reasonable Suspicion: A decision made based on specific facts and reasonable inferences drawn from an employee’s actions and appearance that cause a supervisor or other member of management to have an individualized suspicion that the employee is under the influence of drugs or alcohol. Regular Full-Time Employee: Any employee with a regularly scheduled workweek of 30 hours in one position (or working an approved alternative schedule that is considered equivalent to 30 hours per week) who has completed his or her introductory period. Regular Part-Time Employee: Any non-exempt employee in a position with a regularly scheduled workweek of 20 hours or less. Relative: A person who is related to an employee, the Town Manager, or Town Council Member within a prohibited degree of relationship, including certain relationships by blood consanguinity) or certain relationships by marriage (affinity). Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: January 5, 2024 Page 185 of 186 Reserve Police Officer: A person certified as a reserve peace officer by the Texas Commission on Law Enforcement Officer Standards and Education and commissioned as a reserve police officer by the Town of Trophy Club, who performs duties as assigned by the Police Department in a volunteer status. Sabotage: An act to destroy, damage, incapacitate, or contaminate property, equipment, supplies, or data (e.g., hard copy files and records, computerized information, etc.); to cause injury, illness, or death to humans; or to interfere with, disrupt, cripple, disable, or hinder the normal operations or missions of the Town. Safety Impact Positions: Those positions involving job duties which if performed with inattentiveness, errors in judgment, or diminished coordination, dexterity, or composure may result in mistakes that could present a real and/or imminent threat to the personal health and safety of the employee, co-workers, and/or the public. Any employee who operates a Town-owned or leased vehicle or motor driven or heavy equipment as part of their primary duties is in a safety impact position. Employees who drive on Town business are in safety impact positions if they drive as a regular, primary, or substantial part of their duties on behalf of the Town. Seasonal Employee: An employee in a position for a specified length of time to perform work assignments of a recurring nature. Sexual Harassment: A form of sex discrimination that violates Title VII of the Civil Rights Act of 1964 that includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 1. Submission to such conduct is made either explicitly or implicitly as a term or condition of an individual’s employment; 2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; or 3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. Shift Personnel: Patrol and Fire Services personnel assigned to an eight (8)-hour shift in the Police Department or assigned to a 24-hour shift in the Fire Department unless otherwise mentioned. Single 12-Month Period: The single 12-month period for military caregiver leave begins on the first day the employee takes leave for this reason and ends 12 months later, regardless of the 12-month period established by the employer for other FMLA reasons. Social Media Manager: An authorized Town of Trophy Club official, who reviews, authorizes and allows content submitted by Town of Trophy Club authors and public commentators to be posted to a Town of Trophy Club social media sites. Social Media Sites and Social Networking: Terms used to refer to social Internet sites or websites wherein information is created, exchanged, or provided by/to third parties and Nothing in this Manual is to be construed to create a contract between the Town and its employees or create a contractual entitlement to any benefit. Any benefit provided in this Manual may be modified or withdrawn at any time without notice, except as provided by federal or state laws. Effective Date: January 5, 2024 Page 186 of 186 individuals. Examples of social media include Facebook, blogs, MySpace, RSS, YouTube, Second Life, Twitter, Linkedln, Delicious, Flicker, etc. Solicitation: Any act or attempt to advertise, market, or sell any product or service or to seek employee membership in any organization, or to obtain a donation/contribution. Stalking: A pattern of conduct that includes approaching or pursuing another person with an intent to place that person in reasonable fear of serious bodily injury or death to him/herself or to a third party, such as repeatedly showing up at a person’s house after being told to stay away, as opposed to a one-time event. Stalking can also be characterized by less direct actions, such as repeatedly contacting someone through the mail, phone, or internet, or leaving unwanted gifts or messages. In Texas, stalking is treated as a 3rd degree felony, which means that it is often punishable with a prison sentence. If convicted of another charge of stalking, it is considered to be a 2nd degree felony. Temporary Employee: An employee in a position for a specified length of time to perform work assignments of a limited duration. Such employees have definite starting and ending dates of employment. Length of employment rather than number of hours worked is a distinguishing feature of such positions. Temporary employees may be either full- time or part-time. Temporary assignments cannot extend beyond 12 months except with the approval of Human Resources. The Town: Refers to the Town of Trophy Club, Texas, acting in its capacity of Employer. Threat: Any oral or written expression or gesture that could be interpreted by a reasonable person as conveying an intent to cause physical harm to persons or property. Statements such as, "I'll get him" or "She won't get away with this" could be examples of threatening expressions depending on the facts and circumstances involved. USDOT Safety-Sensitive Positions: Those positions identified by the United States Department of Transportation as safety-sensitive and subject to USDOT rules relating to drug and /or alcohol testing. Those covered include Town employees who are Commercial Driver’s License (CDL) holders who operate a Commercial Motor Vehicle. Workplace Violence: An action, including verbal, written, or physical aggression, which is intended to control or cause, or is capable of causing, death, or serious bodily injury to oneself or others, or damage to property. Workplace violence includes, but is not limited to abusive or aggressive behavior toward others, including assault, intimidating or harassing behavior, and threats. EXHIBIT B Leave Administration Policy 1. STATEMENT OF PURPOSE: The Town of Trophy Club offers eligible employees a comprehensive array of paid leave benefits, leave of absence, and workers’ compensation, adhering to state and federal laws as outlined in this policy. 2. PAID LEAVE A. General Provisions of Paid Leave 1) Usage of Paid Leave is subject to approval of the employee’s Supervisor or Department Director and subject to departmental operational requirements. 2) Requests for Paid Leave must be submitted within the designated time frame outlined in this policy via Employee Self Service (ESS) and/or the defined department process. 3) Paid Leave is only applicable during regularly scheduled work hours. 4) Paid Leave cannot be advanced. 5) Unauthorized absence on the day before or after approved Paid Leave may result in forfeiture of pay for the approved day off, at the discretion of the Supervisor or Department Director. 6) Paid Leave designations cannot be changed retroactively, except as authorized in this Policy, by the Director of Human Resources. B. Holidays 1) Eligibility Town Manager Policy Policy Number TM - 507 Implementation Date: 10/14/2024 Last Revised Date: Policy Contact: Director of Human Resources Council Resolution Number 2024 - 19 This Policy requires Town Council approval. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 2 of 28 2) All full-time employees in a paid status are granted Holiday pay for 13 Town recognized Holidays as listed below. All non-full-time employees are extended the Holiday; however, it is taken without pay. Employees required to work on a Town recognized Holiday will be paid their applicable hourly rate of pay. 3) Holidays 4) Amount For payroll administration purposes, a Holiday is the equivalent of eight (8) work hours (12 hours for Fire Suppression). 5) Holiday During Leave An official Holiday occurring while on Paid Leave will be reflected as a Holiday on the employee’s timesheet. 6) Unpaid Status An employee in an Unpaid Leave status the working day before and/or after the Holiday is not eligible to receive Holiday pay. 7) Monday through Friday Operations Scheduling In departments that are operational on Monday through Friday only, single day Holidays that fall on Saturday will be observed on the preceding Friday, and those that fall on Sunday will be observed on the following Monday. If Christmas Eve falls on a Friday, the Christmas Holiday will be observed on the following Monday. If Christmas Eve falls on Sunday, it will be observed on the following Monday, and the Christmas Holiday will be observed on Tuesday. 8) Weekend Operations Scheduling Employees on shift schedules or 24/7 operations will observe the Holidays on the actual Holiday. 9) Non-Town Holidays An immediate Supervisor and/or Department Director may grant the use of available Vacation or Personal Time Off to an employee who wishes to observe a national or religious Holiday not officially observed by the Town. If no accrued leave is available, an employee may be granted authorized Leave Without Pay. Such leave must be requested at least two weeks before the requested Holiday. Veteran’s Day New Year’s Day Day Before Thanksgiving ½ Day Martin Luther King Jr Day Thanksgiving Day Good Friday Day After Thanksgiving Memorial Day Day Before Christmas Eve ½ Day Independence Day Christmas Eve Labor Day Christmas Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 3 of 28 C. Vacation 1) Accrual a. All Regular Full-time and Regular Part-time employees (working at least 20 hours per week) are eligible to accrue Vacation as outlined below. b. Regular Part-time employees will receive accruals on a pro-rata basis at one-half the Full-time rate. c. Vacation will begin accruing upon the date of hire and be allotted after each completed pay period. d. Employees may accrue up to two times their annual accrual rate. Vacation balances exceeding the Maximum Accrual Rate as outlined below on October 1 of each year shall be reduced to not exceed the Maximum Accrual Rate. e. Vacation shall not accrue during a leave of absence without pay. An employee returning to work from unpaid leave status will resume Vacation accrual. f. Retirement, resignation, or dismissal constitutes a break in continuous active service for Vacation accrual purposes. An employee who is re-hired within 90 days after retirement, resignation, or dismissal will begin accruing Vacation at the accrual rate that was in place when they left. An employee who is re-hired more than 90 days after retirement, resignation or dismissal will accrue at the same rate as a new hire. Regular Full-time Non-Exempt Employees Months of Service Days Accrued Per Year Hours Accrued Per Year Hours Accrued Per pay period* Maximum Accrual 1 – 60 10 80 3.34 160 61 – 120 15 120 5 240 121+ 20 160 6.67 320 Regular Full-time Exempt Employees Months of Service Days Accrued Per Year Hours Accrued Per Year Hours Accrued Per pay period* Maximum Accrual Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 4 of 28 1 – 60 15 120 5 240 61 – 120 20 160 6.67 320 121+ 25 200 8.34 400 Fire Suppression Full-time Employees Months of Service Shifts Accrued Per Year Hours Accrued Per Year Hours Accrued Per pay period* Maximum Accrual 1 – 60 5 120 5 240 61 – 120 7.5 180 7.5 360 121+ 10 240 10 480 All accruals are spread out over 24 pay periods per year and will not accrue on the third paycheck of the month. 2) Use a. Vacation may be taken after an employee successfully completes their first six months of employment with their Supervisor or Department Director approval. In an emergency or under special circumstances, the Town Manager, or their designee may allow the employee to use accrued Vacation during the first six months of employment. b. Vacation may be used for attending to personal business, for extension of another paid leave, for leave under the Family and Medical Leave Act, or for inability to report to work because of bad weather when the Town is not officially closed. Accrued Vacation leave may also be used for other purposes at the discretion of the employee and with the approval of the immediate Supervisor or Department Director. c. Once a resignation or retirement notice is given by the employee, accrued Vacation can be taken during the notice period to the end of employment upon the approval of the Town Manager or designee. An employee on a disciplinary unpaid suspension may not use Vacation Leave for the duration of the disciplinary action. 3) Requests To Use a. Employees may request the use of any available Vacation that has been accrued at the time of request. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 5 of 28 b. Employees will submit a time-off request in the Town’s Employee Self Service (ESS) or as determined by the Department or Division policy or directive. c. Time off requests may be granted at the discretion of the immediate Supervisor based on operational needs. 4) Unused Accrued Leave Employees with at least six months of service shall be paid for any unused accrued Vacation up to the maximum accrual when they leave employment with the Town. D. Personal Time Off 1) All full-time employees are granted 8 hours (12 hours for Fire Suppression) of Personal Time Off (PTO) on the first pay period of each Fiscal year. 2) Personal Time Off (PTO) does not rollover from year to year. The only exception is in the case of new hires where they do not have a minimum of six months from the hire date to use the initial day before the end of the current fiscal year. These employees will be allowed to carry over the initial day and both days must be used before the end of the next fiscal year or forfeit the day(s). 3) Personal Time Off (PTO) is not paid out upon termination of employment. E. Executive Leave 1) Department Director’s shall be credited with 40 hours of Executive Leave on the first pay period of each fiscal year. 2) Department Director’s appointed after the beginning of the fiscal year shall be entitled to a pro rata share based on the number of full months remaining in the fiscal year. 3) Executive Leave does not rollover year to year. All unused leave at the end of each fiscal year will be forfeited. 4) Executive leave is not paid out upon termination of employment. F. Sick Leave 1) Accrual Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 6 of 28 a. All Regular full-time employees are eligible to accrue 96 hours of Sick Leave per year (144 hours for Fire Suppression), dispersed over 24 pay periods. b. Sick Leave will begin accruing upon the date of hire and be allotted after each completed pay period. c. Employees may accrue up to 1,040 hours (1,460 for Fire Suppression) of Sick Leave. Sick Leave accrual shall cease when an employee’s accrued Sick leave balance reaches the maximum accrual. d. Sick Leave will not be advanced. e. Sick Leave shall not accrue during a leave of absence without pay. An employee returning to work from unpaid leave status will resume accruing Sick Leave. 2) Use a. All full-time employees may be granted use of Sick Leave according to the following: i. Sick Leave may be used for an employee’s illness, injury, medical appointments, or to care for the employee’s spouse, parent/step- parent/parent in-law, child/stepchild with an illness, injury, or medical appointment. In addition, up to 3 days of Sick Leave may be used after bereavement pay is exhausted to attend to other bereavement activities. ii. Notice of absence due to an illness, injury, or other unexpected reason must be given by the employee to their immediate Supervisor one hour prior to their scheduled start time, unless otherwise required by department policy or procedure. The employee shall report on each subsequent day of absence. iii. Failure to give notice may result in the absence being unapproved, without pay and subject to disciplinary action, up to and including termination. iv. Upon return to work an employee must submit a time off request in Employee Self Service (ESS) for the missed hours. v. If an employee becomes hospitalized, unable to travel, or on any other restrictions by a physician's orders during Vacation leave, the time will be charged to Sick Leave if the employee provides a physician's written statement confirming the medical restriction or hospitalization. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 7 of 28 vi. When Sick Leave has been exhausted, accrued paid Vacation leave may be used in cases of personal illness or physical incapacity with the approval of the immediate Supervisor or Department Director. vii. An employees immediate Supervisor shall be responsible notifying the Department of Human Resources when an employee is absent due to illness for three consecutive workdays. viii. Retirement, resignation, or dismissal constitutes a break in continuous active service for Sick Leave purposes. An employee who is re-hired within 90 days after retirement, resignation, or dismissal will begin accruing Sick Leave at the accrual rate that was in place when they left. An employee who is re-hired more than 90 days after retirement, resignation, or dismissal, will accrue at the same rate as a new hire ix. Unused Sick Leave will not be paid upon separation of employment. x. An employee on a disciplinary unpaid suspension may not use Sick Leave for the duration of the disciplinary action. b. Inappropriate Use or Abuse i. Inappropriate use, abuse, or patterns may be subject to disciplinary action up to and including termination. Examples include but are not limited to: When an employee uses Sick Leave for unauthorized purposes or misrepresents the actual reason for the absence. When usage of Sick Leave, not protected by law, becomes so frequent that an employee cannot fulfill the essential job functions. When an employees’ excessive absenteeism disrupts the department or Town’s operations. Patterns in absenteeism, defined as a frequent, predictable, and/or observable action that repeats itself over time, i.e. occurrences of repeatedly taking off around regularly scheduled weekends or Holidays. Repeated absenteeism or tardiness that is unapproved. G. Bereavement Leave Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 8 of 28 1) All full-time employees will be allowed up to 24 hours (48 for Fire Suppression) of Bereavement Leave per death, to attend the funeral and/or other bereavement affairs, upon the death of an employee’s Spouse, Parent/Step- parent/Parent In-Law, Child/Stepchild, Sibling, or Grandparent. 2) The employee will notify their direct Supervisor and the Department of Human Resources regarding the need for Bereavement Leave and include the hours necessary and the relationship of the family member. 3) The Department of Human Resources will review and approve the request for Bereavement Leave and allot approved hours in the Human Resources Information System. 4) An employee may be required to provide information to document the absence. 5) If additional time off is required, the employee may use any available accrued or earned leave available. If no time is available, the immediate Supervisor or Department Director may approve leave without pay. H. Jury Duty 1) Jury Duty a. All Regular full-time employees shall be granted jury/court duty pay, when summoned for jury in a city, state, or federal court or when appearing as a witness on behalf of the Town or as a consequence of their official Town duties. b. Employees will notify and provide a copy of their jury notice to their immediate Supervisor and the Department of Human Resources upon receiving a jury/court duty summons. c. The Department of Human Resources will review and approve the request for Jury Duty pay and allot approved hours in the Human Resources Information System. 2) Town Related Hearings/Matters a. All employees shall be paid for required appearances in a Town, state, or federal court, or a legislative or administrative proceeding (including disciplinary hearings) concerning work-related matters, or certain work- related testimony, investigation, and court preparation. The employee must provide documentation of the requirement for attendance and the work- related connection. Acceptable documentation includes a subpoena, letter of request from an attorney of record or prosecuting attorney, request of a hearing officer. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 9 of 28 3) Non-Town Related Hearings/Matters a. Employees receiving payment from an outside employer for an appearance(s) covered by this Policy must use available accrued leave or unpaid leave because the appearance is not considered work-related with the Town. b. Employees who have initiated legal or administrative proceedings, including disciplinary hearings, against the Town must use available accrued leave or unpaid leave to attend such proceedings; the appearance is not considered work-related with the Town. 4) All fees paid and expenses reimbursed by the court may be retained by the employee, providing that the Town did not furnish travel, meals, lodging or miscellaneous expenses and further, that the employee is not appearing as a witness on behalf of the Town or is appearing as a consequence of their official Town duties. I. Military Pay In accordance with Section 437.202, Texas Government Code, any employee including regular, part-time, and seasonal) engaged in authorized military training or duties will receive full pay and accrue benefits as if the employee were on the job, for up to 15 workdays (three calendar weeks) in any one fiscal year. J. Parental pay 1) Employees who have worked for the Town in a Regular Full-time position for at least 12 consecutive months may be entitled to parental pay of up to 80 hours (112 for Fire Suppression) for: a. The birth of a Child who resides with the employee and for whom the employee has physical and legal custody, or b. The adoption of a Child under the age of four (4) who resides with the employee and for whom the employee has physical and legal custody. c. The employee must initiate use of parental pay within four (4) months of the birth or adoption of the Child. d. Parental pay must be exhausted within one (1) year following the birth or adoption of the Child. All parental pay remaining after one year shall be forfeited. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 10 of 28 e. An eligible employee is entitled to parental pay only once for each birth or adoption regardless of the number of children involved (e.g., twins). f. Parental pay must be used continuously. Department Director’s may authorize intermittent or reduced schedule use of Parental Pay based on operational needs. g. Parental pay may not begin until the date of the birth or adoption of the Child. h. Eligible employees must request parental pay at least 30 days prior to the first day their parental pay entitlement is to be utilized. Failure to make the request 30 days in advance may result in a delay or denial of receiving the entitlement. K. Catastrophic pay 1) Catastrophic pay allows eligible employees to donate vacation leave to eligible employees who are incapacitated and unable to work due to a prolonged non- industrial catastrophic illness or injury to extend Paid Leave. 2) Eligibility for catastrophic pay a. To be eligible to use donations an employee must: i. Be eligible to accrue leave benefits ii. Be incapacitated and unable to work due to a prolonged non-industrial illness or injury which is estimated to last at least 30 calendar days; iii. Have exhausted all available accrued leave balances, including vacation Leave; and iv. Be on an approved Medical leave of absence. b. Applicability i. All Regular Full-time and Part-time employees may donate to or receive from Regular Full-time and Part-time employees. ii. Vacation and Comp Time Off may be donated; pay that is not paid out such as Sick Leave and Personal Time Off may not be donated. iii. All donations shall be made by completing and submitting the Catastrophic Leave Donation Form to the Department of Human Resources. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 11 of 28 iv. Donations must be made in a minimum of 4-hour increments. v. Donations shall be on an hour-for-hour basis, regardless of the pay rate of the donor and recipient. vi. Hours donated shall be kept in a pledge status until used. As needed, pledged hours shall be debited from the donor’s balance and credited to the recipient’s balance. Once credited the donation is irrevocable. vii. An employee may not receive donations from a subordinate employee where a direct Supervisor/subordinate relationship exists. viii. All donated hours must be used on a continuous basis. ix. All donated hours will be paid at the rate of pay and the normal work schedule of the recipient. 3. LEAVE WITHOUT PAY A. With Town Manager approval, unless otherwise required by state or federal law, employees may be granted leave without pay. B. All accrued Vacation, Sick, and Holiday Leave will cease during the unpaid leave that exceeds a full pay period. C. During an unpaid leave status, unless required by state or federal law, employee benefits including but not limited to medical, dental, vision, life, disability will only continue if the employee elects to continue coverage and submits payment to the Town for the Town and Employee portion of the premiums by the 1st of the month benefits are to be received. If an employee receives pay for any portion of the pay period, the Town contributions will continue. D. While on an unpaid leave status, unless required by state or federal law, the employee is not entitled to the Town’s benefit contributions. E. While on an unpaid leave status, the Town and employee contributions to Retirement Plans and Deferred Compensation Plans cease. F. In any case of unpaid leave, the employee is responsible for reimbursing the Town for any and all payments for which payroll deductions would otherwise be made. G. During unpaid leave, employees are not entitled to participate in or receive Tuition Reimbursement. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 12 of 28 H. Return to Work 1) Upon completion of an approved unpaid leave of absence, an employee will be returned to the same job, if it is available and the employee is able to perform the duties of the position, or if the position is no longer available, will be offered a comparable position, subject to availability, for which the employee meets the qualifications. If the employee is not capable of performing the duties of the same or a comparable job, the employee will be offered the highest-level position for which the employee is qualified and able to perform, if available. 2) At the expiration of an approved unpaid leave, if an employee fails to return to work, refuses an offered position, or fails to request an extension of leave, the employee forfeits employment, by reason of having voluntarily abandoned their employment and has not complied with the notice provisions of Termination of Employment Policy. 3) An employee who is on unpaid leave and notifies the Town that they will not be returning to work is considered to have resigned effective on the notification date. The employee shall contact the Department of Human Resources as soon as possible to arrange for re-payment of any benefit premium amounts owed to the Town. 4. LEAVE OF ABSENCE A. Leave reasons 1) Town employees may be granted a leave of absence for the following reasons: a. Medical leave may be granted when an employee needs to be absent for the employee’s own medical condition. b. Family care leave may be granted when an employee needs to be absent to care for an ill or injured qualified Family Member, qualifying exigencies, or military caregiver leave. c. Parental leave may be granted when an employee needs to be absent for the birth of the employee’s Child or the placement of a Child with the employee in conjunction with adoption, or foster care. d. Pregnancy disability leave may be granted when an employee is disabled by pregnancy, childbirth, or related medical conditions. e. Military leave may be granted when an employee is absent due to the employee’s own military service in the Armed Forces. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 13 of 28 B. Absence from duty, with or without pay, for any of the reasons outlined above is deemed to be a leave of absence and reported to the Department of Human Resources as outlined in the Leave of Absence Procedure when: 1) An employee is absent or expected to be absent for three or more consecutive days or absent on a reduced schedule for more than three days due to Medical, Family Care, Pregnancy Disability, or Parental leave reasons. 2) An employee is absent intermittently for Medical, Family Care, Pregnancy Disability, or Parental leave reasons. 3) Anytime an employee is absent due to Military Leave. C. Leave laws 1) Family and Medical Leave Act (FMLA) a. The federal Family and Medical Leave Act (FMLA) provides eligible employees the right to an unpaid leave of absence. Employees requesting FMLA leave must state the reason for the leave. The Town may designate any qualified leave as FMLA even if the employee does not request it. FMLA leave is permitted for the following qualifying events: i. The birth of the employee’s Child or to care for a newborn of the employee; ii. The placement of a Child with the employee in connection with adoption or foster care; iii. To care for a Child, Parent, or Spouse who has a Serious Health Condition, when Medically Necessary; iv. When the employee is unable to perform the functions of their position because of a Serious Health Condition that makes the employee unable to work; v. Qualifying Exigency arising out of the fact that the employee’s Family Member who is a member of the Armed Forces is on active duty, or has been notified of an impending call or order to active duty, in support of a contingency operation as defined by the Department of Labor; or vi. Military Caregiver leave is to care for a Family Member or next of kin who is a current member of the Armed Forces, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status or is otherwise on the temporary list, for a serious injury or illness Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 14 of 28 that was incurred by the service member in the line of duty on active duty. b. FMLA eligibility requirements i. Employees are eligible for FMLA leave if the employee: has been employed by the Town for at least 12 months; and has worked for the Town for at least 1,250 hours during the 12- months immediately preceding the commencement of the leave includes regular and overtime hours; excludes any absences, paid or unpaid, e.g., Vacation, Sick leave, Holiday, jury duty or other absences); and Has a qualifying event ii. Exception of "Key Employees" Key Employee’s may be deemed ineligible if denying their leave is necessary to prevent substantial and grievous economic injury to the Town’s operations. The employee shall be notified of this intent to deny at the time the Town determines that such injury would occur. Any employee classified as a Key Employee whose leave request is denied may appeal, in writing, their Key Employee status to the Town Manager within 14 days of the denial. The Town Manager will review the appeal and make a final decision within 14 days of the appeal notice. c. FMLA leave entitlement i. Eligible employees are entitled to a total of 12 workweeks or 480 hours of leave (672 hours for Fire Suppression) in a 12-month rolling backward period. ii. Eligible employees on leave under Military Caregiver leave are entitled to a total of 26 workweeks or 1,040 hours of FMLA leave (1,456 hours for Fire Suppression employees) in a single 12-month period. d. Minimum Duration of FMLA Leave i. Placement of Child All leave must be completed within one year of the birth or placement of the Child. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 15 of 28 The employee may request an alternate minimum duration of leave, which the Department Director may approve only if it meets the needs of the department. ii. Family care or employee’s own Serious Health Condition. If leave is requested to care for a Family Member or the employee’s own Serious Health Condition, there is no minimum amount of leave that must be taken. Leave may be taken on a continuous basis, intermittently, or on a reduced work schedule, as is Medically Necessary. However, the notice and medical certification provisions of this policy shall apply. e. Job protection i. FMLA provides for reinstatement to the same department and classification if the employee returns to work at the end of the 12- workweek (or shorter) leave. ii. The employee has no greater rights to reinstatement, benefits or other conditions of employment than if the employee had been working continuously during the FMLA period. f. Benefits protected under FMLA i. While on FMLA leave, employees will continue to be covered by the Town’s Benefits including but not limited to health, dental, vision, life, and disability insurance to the same extent that coverage is provided while the employee is on the job. ii. Employees who normally pay a portion of the benefit will continue to be responsible for those payments during the FMLA leave. iii. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. iv. If an employee fails to return to work after their leave entitlement has been exhausted, the Town will have the right to recover the Town’s share of benefit premiums for the entire leave period from the employee, unless the employee does not return because of the continuation, recurrence, or onset of a Serious Health Condition of the employee or their Family Member that would entitle the employee to leave, or because of circumstances beyond the employee's control. The Town is authorized to deduct premiums from any amount due to the employee as permissible by law. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 16 of 28 g. The Town requires an employee to exhaust FMLA leave concurrently with other leaves and pay. h. If an employee takes a leave of absence for any reason that is FMLA qualifying, including a serious injury on the job, the Town may designate that leave as FMLA leave. 2) Uniformed Services Employment and Reemployment Rights Act (USERRA) and Texas Government Code Covering Military Members a. All employees who perform duties, voluntary or involuntary, in the uniformed services shall have reinstatement rights and shall be granted time off to perform such duties in accordance with USERRA, and the Texas Government Code. Uniformed services shall include the Army, Navy, Marine Corps, Air Force, Coast Guard, and Public Health Service commissioned corps, as well as the reserve components of each of these services, Army National Guard and Air National Guard. D. Reporting requirements 1) Notice a. Although the Town recognizes that emergencies arise that may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. b. The employee shall make a leave request following the Leave of Absence Procedure. c. If leave is foreseeable, at least 30 days’ notice is required. d. If the need for leave is for a planned medical treatment, the employee shall make a reasonable effort to schedule the treatment so as not to unduly disrupt the operations of the Town. e. If an employee knows that they will need leave in the future but does not know the exact date(s) (e.g., for the birth of a Child or to care for a newborn), the employee shall inform their Supervisor as soon as possible that such leave will be needed. f. When necessary, notice may be given verbally, if followed promptly by a written request. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 17 of 28 g. If the Town determines that an employee's notice of need for leave is inadequate or the employee knew about the requested leave in advance of the request, the Town may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute. 2) Medical certification a. Employees who request medical, family care or pregnancy disability leave must provide written certification from the Health Care Provider of the individual requiring care. The certification shall include: i. The date on which the medical condition commenced, ii. The probable duration of the condition and the duration the leave is Medically Necessary, iii. The frequency that the leave is Medically Necessary, iv. If an employee requests leave intermittently (a few days or hours at a time) or a reduced work schedule for medical, family care, or pregnancy disability leave, the employee must provide certification that such leave is Medically Necessary. v. If medical or pregnancy disability leave is requested the certification must include a statement that the employee is unable to work due to a Serious Health Condition. vi. If family care leave is requested the certification shall include a statement of the need for the participation of the employee to provide care, the relationship between the patient and the employee, and must indicate that the family member has a Serious Health Condition. b. Employees who request parental leave must provide a copy of the Child’s birth certificate, hospital certificate, or adoption or foster care documentation. c. Time to provide a certification i. When an employee’s leave is foreseeable, at least 30 days advance notice is required, and the employee must provide a medical certificate before the leave begins. ii. When 30 days advance notice is not possible, the employee must provide certification to the Town within 15 calendar days of the Town’s request. If the employee does not provide the required documentation within 15 calendar days, the Town will provide a second notice allowing Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 18 of 28 the employee an additional 15 days to provide the required documentation. iii. Employees may be required to recertify periodically for their leave, but not more than once every 30 days. iv. Consequences for failure to provide an adequate or timely certification If an employee provides an incomplete certification, the employee will be given a reasonable opportunity to remedy such deficiency. If an employee fails to provide certification within 15 days of the date of the Town request, the Town may delay the taking of leave until the required certification is provided. d. Verification of employee’s own Serious Health Condition If the Town has evidence to doubt the validity of a certificate for the employee’s own medical condition, the Town may require in accordance with all applicable laws, a medical opinion of a second Health Care Provider chosen and paid for by the Town. If the second opinion is different from the first, the Town may require the opinion of a third provider jointly approved by the Town and the employee but paid for by the Town. The opinion of the third provider will be binding. An employee may obtain a copy of the health care providers’ opinions. e. Military orders Employees on military leave shall provide as soon as reasonably possible a copy of the military orders covering the leave of absence period. E. Benefits coverage while on leave 1) An approved leave of absence is a qualifying life event; therefore, employees may enroll or withdraw from benefits coverage within 30 days from the time the leave commences or concludes. 2) While on an FMLA or paid leave, employees will continue to receive the Town benefit contributions to the same extent that coverage is provided while the employee is on the job. 3) Employees who normally pay a portion of the premiums will continue to be responsible for those payments during the accrued leave. 4) Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 19 of 28 5) While on an unpaid leave not covered by FMLA the employee is not entitled to the Town’s benefit contributions. 6) The Town will continue to pay the full insurance premiums on the employee’s behalf up to the duration of leave as authorized, unless the employee provides a written request to terminate such benefits to the Department of Human Resources. Upon return from a leave of absence or separation from Town service, the employee is responsible for reimbursing the Town for all applicable employee benefit costs. F. Pay while on a leave of absence 1) The Town requires an Employee to use Paid Leaves while on a leave of absence including FMLA. Employees must exhaust their Paid Leaves with the following exceptions: a. Employees may retain a maximum of 40 hours total accumulation of all types of leave. b. Employees may not use Sick Leave for Military Leave. c. Effective, October 1, 2024, the Town shall automatically supplement disability insurance pay with Paid Leave to provide up to 100% of base wages. i. An employee may elect to stop supplementing disability insurance pay with Paid Leave during the period the employee is receiving disability benefits, by informing the Department of Human Resources. If the employee does not want to supplement disability insurance pay with Paid Leave, the employee will not receive a paycheck from the Town during such time. The employee will be responsible for reimbursing the Town for any applicable benefit costs. ii. An employee who does not file a disability insurance claim shall inform the Department of Human Resources. At such times, the employee will be required to utilize their Paid Leave. If an employee later decides to file a disability claim, they shall inform the Department of Human Resources. At such time, the employee may then choose to supplement their disability insurance pay using paid leaves up to 100% of base wages. The Town retains the sole discretion to allow the employee reimbursement for any overpayment that may have occurred in the delay of filing a claim. 2) Paid Leave accruals must be used on a continuous basis for all absences, until available accrued paid leaves are exhausted. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 20 of 28 3) Military Leave in Excess of 15 Days When military pay is exhausted, employees may, at their sole discretion, choose to utilize accrued Vacation, compensatory time off, or personal time off during approved Military Leave. Sick Leave cannot be used for Military Leave. Employees who choose not to use accrued leave will be placed on unpaid leave. G. Returning from a leave of absence 1) Right to reinstatement a. If an employee is granted a leave of absence, at the end of the approved leave the employee will be reinstated to the same department and classification. b. If the employee is unable to return at the end of an approved leave, but still desires to return–to-work, the employee must obtain approval for an extended leave of absence with a new return to work date in order to be eligible for reinstatement to the same department and classification. c. If the employee is able to return to work but the reinstatement date differs from the approved return to work date, the employee may be reinstated within a reasonable amount of time after the notification and verification of availability to return to work. d. Employees on Military Leave will be granted reemployment rights in accordance with the Uniformed Service Employment and Reemployment Rights Act (USERRA) and any applicable state law. 2) Return to work certification a. As a condition of returning to work, an employee who was on medical or pregnancy disability leave must obtain and present certification from a Health Care Provider that the employee is able to resume work. The certification must be no more than 10 days old and state that the employee is able to resume work with or without reasonable accommodation. b. If the Town has evidence to doubt the validity of a certificate for the employee’s return to work, the Town may require a medical opinion of a second Health Care Provider chosen and paid for by the Town. c. If the second opinion is different from the first, the Town may require the opinion of a third provider jointly approved by the Town and the employee but paid for by the Town. The opinion of the third provider will be binding. An employee may obtain a copy of the health care providers’ opinions. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 21 of 28 5. ADMINISTRATIVE LEAVE Administrative Leave may be paid or unpaid as determined by the nature of the event and at the discretion of the Department Director with the Town Manager’ or designee approval. 6. WORKERS’ COMPENSATION All Town employees are covered by the Town’s Workers’ Compensation Insurance. If an employee is injured on-the-job, they may be eligible for benefits under Workers’ Compensation. Workers’ Compensation is designed to cover the costs associated with injuries resulting from identifiable and specific accidents or injuries occurring on the job. It is not designed to cover “ordinary diseases of life.” A. Reporting Injuries or Illnesses Employees must immediately report all on-the-job injuries as outlined in the Reporting Workplace Illness and Injury Procedure. B. Medical Examinations Employees sustaining an on-the-job injury requiring emergency medical treatment should call 9-1-1 or go to the nearest emergency room, injuries other than first aid should be initially seen by the Town’s occupational illness/injury preferred medical provider. Please reference the Procedures for additional information. However, their own physician can also treat the employee assuming the physician accepts workers compensation insurance. C. Salary Continuation Program 1) The Town will provide all non-public safety Regular Full-time employees Salary Continuation Benefits for up to 90 days, while an employee is off work due to an accepted work-related illness or injury. 2) The Town will provide all Regular Full-time Sworn Police, Fire, and Sworn Emergency Medical Services Personnel employees, Salary Continuation Benefits for up to one year, while an employee is off work due to an accepted work- related illness or injury. 3) While on an approved Workers’ Compensation Leave of Absence, Salary Continuation Benefits will be paid at a rate of the employee’s Temporary Income Benefit (TIBS)/Average Weekly Wage (AWW), as determined by the Town’s Worker’s Compensation Insurance provider, less the total amount paid Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 22 of 28 by the Workers’ Compensation disability income. In no circumstance will an employee receive more than 100% of their Temporary Income Benefit TIBS)/Average Weekly Wage (AWW). 4) In the event there is an overpayment of Salary Continuation Benefits made to the employee, the employee is responsible for reimbursing the Town. 5) When Salary Continuation Benefits are exhausted, employees have the option of supplementing their Worker’s Compensation disability insurance pay up to 100% of base salary by utilizing available Sick, Vacation, Compensatory Time Off, or Personal Time Off. If the employee chooses not to use their available accrued leave, they will be placed on a Leave of Absence Without Pay. 6) Salary Continuation Forfeiture a. An employee forfeits eligibility for participation in the Wage Continuation Program if the employee: i. Fails to report the on-the-job injury as specified in the Town’s policies and receive medical treatment as necessary. ii. Repeatedly fails to keep medical appointments. iii. Is found to be working another job. iv. Retires, resigns, terminates, or dies. v. Refuses to submit to examinations or diagnostic tests or procedures recommended as medically or psychologically necessary. vi. Fails to follow, refuses to comply with, disregards, or violates the treating physician’s instructions regarding treatment for the on-the-job injury. vii. Refuses to perform light duty work when such light duty work has been authorized by the treating physician and offered by the Department Director or the Department of Human Resources. viii. Falsifies or misrepresents physical condition or capacity. ix. Refuses to return to regular duty once released by the treating physician. x. Fails to keep in contact with the Town’s third-party workers’ compensation administrator or the Department of Human Resources. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 23 of 28 xi. Has been injured as a result of employee’s own willful misconduct, horseplay, gross negligence, or is in violation of safety procedures/rules as determined by the Department of Human Resources and/or Town Manager. b. All Salary Continuation Forfeitures shall be reviewed by the Town Manager and Town Attorney prior to any action of forfeiture being taken. D. Light-Duty Assignments 1) An employee released to return to work with restrictions by the treating physician may be required to work a light-duty assignment as assigned by the Department Director or Department of Human Resources. 2) Light-duty work is defined as a temporary job assignment provided to an employee who, due to an illness or injury, is temporarily unable to perform one or more of the essential requirements of their job. 3) For non-public safety employees, for each incident, a light-duty assignment(s) may not exceed a total of six months (180 calendar days). For Sworn Police, Fire, and Sworn Emergency Medical Services Personnel employees a light-duty assignment may not exceed one year. 4) During a Light-duty assignment an employee’s absence from regular work hours, including medical appointments for the on-the-job injury, will be charged against their available accrued time. 5) A light duty assignment may be terminated at the discretion of the employee’s Department Director with the Director of Human Resources approval. 6) Conditions for Approving Light-Duty a. A light-duty assignment will be approved only when the following conditions and responsibilities are met: i. The injury is judged by the employee’s treating physician to be of a temporary nature. ii. The department decides that there is an availability of work, and there is an ability to accommodate the light-duty assignment. iii. Light-duty releases received from the employee’s physician, outlining limitations for lifting, walking, stooping, bending, carrying, driving, and/or other specific limitations of the injured/ill employee. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 24 of 28 b. Employee Responsibilities i. Obtain a medical release from their treating physician. A medical release must contain a prognosis and an estimated date for the employee’s complete recuperation and return to regular duty. The medical examination for an off-the-job injury or illness will be at the employee’s expense. ii. Upon release to full duty with no restrictions, report to the assigned Supervisor with the treating physician’s statement showing that the employee has been released. c. Supervisor Responsibilities i. Assigns work hours and maintains time reports. ii. At the inception of the light-duty assignment and prior to return to full duty, notify the Department of Human Resources. E. Termination of Employment For non-public safety employees, when Maximum Medical Improvement is reached and the employee is unable to perform their job duties, and the employee’s Sick leave balance is zero, or a total of one year of Workers’ Compensation Leave of Absence has been granted where employee is unable to return with or without accommodation to their regular position; whichever comes first, the employee’s employment with the Town will be terminated. DEFINITIONS 12-Month Rolling Backwards Period The ‘12-Month Rolling Backwards Period’ means a 12-month period measured backward from the date the leave is taken. Child A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis (in place of a parent for legal purposes) who is either: under 18 years of age; or over 18 years of age and incapable of self-care due to a mental or physical disability. Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 25 of 28 Department Director A Department Director is an employee appointed to oversee a specific Town Department. Department Directors include the positions of Director of Communications and Marketing, Director of Community Development, Director of Finance, Fire Chief, Director of Human Resources, Director of Parks and Recreation, Police Chief, and Town Secretary. Family and Medical Leave Act (FMLA) FMLA as prescribed by 29 U.S.C. Sections 2601 et seq. provides eligible employees up to 12 weeks of unpaid job and benefit-protected leave. Family Member Qualified family members are spouse, child, or parent. Health Care Provider A Health Care Provider is; A Doctor of Medicine or osteopathy who is authorized to practice medicine or surgery by the State of Texas; An individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treats or supervises the treatment of a Serious Health Condition; Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray) are authorized to practice in Texas and performing within the scope of their practice as defined under Texas law; Nurse practitioners, nurse-midwives and licensed clinical social workers who are authorized to practice under Texas law and who are performing within the scope of their practice as defined under Texas law; Any Health Care Provider from whom an employer or group health plan's benefits manager will accept certification of the existence of a Serious Health Condition to substantiate a claim for benefits. Key Employees An employee who is among the highest paid 10 percent of all employed by the Town. Medically Necessary Medically Necessary means there must be a medical reason why an absence from duty is required. Paid Leave Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 26 of 28 Paid leave includes all types of pay an employee receives as outlined in the Town Charter or Policy such as Sick Leave, Vacation Leave, Personal Time Off, Compensatory Time Off, Parental Pay, etc. Parent The biological parent of an employee or an individual who stands or stood in loco parentis in place of a parent) to an employee when the employee was a child; this term does not include parents-in-law. Qualifying Exigency May include short notice deployments, military events and related activities, childcare and related activities, financial and legal arrangements, counseling, rest and recuperation, post deployment activities, and any other event that the employee and Town agree is a qualifying exigency. Serious Health Condition Serious Health Condition means an illness, injury, impairment, or physical or mental condition that involves: Inpatient Care (i.e. an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e. inability to work or perform other regular daily activities due to a Serious Health Condition, treatment involved, or recovery there from) or any subsequent treatment in connection with such inpatient care; or Continuing treatment by a Health Care Provider. A Serious Health Condition involving continuing treatment by a Health Care Provider includes any one or more of the following: Period of incapacity (i.e., inability to work, or perform other regular daily activities due to the Serious Health Condition) of more than three consecutive calendar days and any subsequent treatment or period of incapacity relating to the same condition, which also involves: Treatment two or more times by a Health Care Provider; or Treatment by a Health Care Provider on at least one occasion that results in a regimen of continuing treatment under the supervision of the Health Care Provider. Any period of incapacity due to pregnancy or for prenatal care. Any period of incapacity or treatment for such incapacity due to a chronic Serious Health Condition. A chronic Serious Health Condition is one which: Requires periodic visits for treatment by a Health Care Provider, or by a nurse or physician's assistant under direct supervision of a health care provider; Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 27 of 28 Continues over an extended period of time (including recurring episodes of a single underlying condition); and May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or Family Member must be under the continuing supervision of, but need not be receiving active treatment by, a Health Care Provider. Any period of absence to receive multiple treatments (including any period of recovery there from) by a Health Care Provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment. Spouse An employee’s husband or wife in a legal or formal marital relationship. Regular Full-time Non-Exempt Employees Any employee in a non-temporary position with a standard work schedule of 30 or more hours per pay week, and is not exempt from FLSA overtime. Regular Full-time Exempt Employees Any employee in a non-temporary or seasonal position with a standard work schedule of 30 or more hours per pay week, and is exempt from FLSA overtime. Fire Suppression Full-time Employees Any employee in a non-temporary or seasonal position with the Fire Suppression work schedule of 48/96, and is not exempt from FLSA overtime. Regular Part-time Non-Exempt Employees Any employee in a non-temporary or seasonal position with a standard work schedule of 20 hours per pay week, and is not exempt from FLSA overtime. Regular Part-time Exempt Employees Any employee in a non- temporary or seasonal position with a standard work schedule of 20 hours per pay week, and is exempt from FLSA overtime. PROCEDURES AND FORMS Leave Administration Policy Leave Administration Policy Approved: October 14, 2024 Page 28 of 28 TM – 507.01: Leave Administration Procedure TM – 507.02: Reporting Workplace Illness and Injuries Procedure HR Form 507.01: Leave of Absence Request Form HR Form 507.02: Certificate of Health Care Provider HR Form 507.03: Workplace Accident or Incident Report REGULATORY REFERENCES Family and Medical Leave Act (FMLA) Texas Government Gode Uniformed Services Employment and Reemployment Rights Act (USERRA) SUPERSEDES Human Resources Policy and Procedure Manual Section: 501.00 – Administrative Leave Section: 502.00 – Paid Leave Section: 503.00 – Unpaid Leave Section: 504.00 – Family and Medical Leave Section: 505.00 – Miliary Leave Section: 502.04 – Expanded FMLA Leave Section 702.05 – Emergency Paid Sick Leave Section: 703.00 – Workers’ Compensation TM – 507.01 : Leave of Absence Procedure Page 1 of 3 Approved: October 14, 2024 Leave of Absence Procedure Town Manager Procedure Procedure Number TM – 507.01 Implementation Date: 10/14/2024 Last Revised Date: Policy Contact: Director of Human Resources Council Resolution Number 2024 - 19 This Procedure Requires Town Council Approval. 1. PURPOSE The purpose of this procedure is to provide directions to Town employees and supervisors on how to request and process a Leave of Absence in accordance with the Leave Administration Policy, TM - 507. 2. REFERENCE DOCUMENTS TM – 507: Leave Administration Policy HR Form 507.01 - Leave of Absence Request Form 3. RESPONSIBILITY Employee Supervisor Department Director Director of Human Resources Human Resources Assistant 4. PROCEDURE Step Responsible Position Action 1. Employee / Supervisor At least 30 days prior to the need for a leave of absence or as soon as the need for a leave of absence is known to the employee the Employee will notify their supervisor and may submit the Leave of Absence Request Form and any applicable certification or military orders to their direct supervisor. Employees may submit the medical certification directly to the TM – 507.01 : Leave of Absence Procedure Page 2 of 3 Approved: October 14, 2024 Director of Human Resources in lieu of submitting the medical certification to the supervisor.) In the event the Employee is unable to complete the Leave of Absence Request Form, if the employee has notified the Supervisor, the Supervisor will complete the form on the Employee’s behalf. 2 Supervisor The Supervisor will review the Leave of Absence Request Form and forward the Leave of Absence Request Form to the Department Director. 3 Department Director The Department Director will review and forward the Leave of Absence Request Form to the Director of Human Resources. 4 Director of Human Resources The Director of Human Resources will review the Leave of Absence Request Form and determine all applicable leave laws and employee eligibility. The Director of Human Resources will issue a written notice to the Employee approving or denying the leave of absence or requesting additional information. 5 Employee The employee will comply with the written notice and any directive or instructions included in the notice. 6 Director of Human Resources For request requiring additional information, the Director of Human Resources will: 1. Review the documentation upon receipt and issue written notice to the Employee approving or denying the leave of absence or requesting additional information. 2. If the requested documentation is not received within 15 days of the original notice the Director of Human Resources will issue a second notice requesting the required documentation. 3. If the requested documentation is not received within 15 days from the date of the second notice (30 days total) the Director of Human Resources will issue a written notice to the Employee denying the leave of absence request and review the situation to determine if further action is required, such as termination. 7 Director of Human Resources The Director of Human Resources will email the Supervisor, Department Director, and the Accounting Specialist the status of the Employee’s leave and any time keeping instructions. TM – 507.01 : Leave of Absence Procedure Page 3 of 3 Approved: October 14, 2024 8 Employee End of Leave Process: 1. If an Employee needs to extend their Leave of Absence, they will notify their supervisor as soon as it is known and submit a new Leave of Absence Request Form with any required documentation. 2. If an Employee is able to return to work upon their original return to work date, the Employee will notify their Supervisor within 5 days to make arrangements to return to work. For all Medical and Pregnancy Leaves the Employee will submit to the Department of Human Resources or Supervisor a medical note releasing them to return to work with or without accommodations. 9 Supervisor End of Leave Process: 1. The Supervisor will forward any request to extend a Leave of Absence as outlined in Step 2. 2. The Supervisor will notify the Department of Human Resources and Department Director when an Employee informs the Supervisor of their return to work. 3. If an Employee’s Medical note indicates the Employee may return to work with restrictions, the Supervisor will meet with the Director of Human Resources within 2 business days and discuss the restrictions and potential Reasonable Accommodation Process. 12 Director of Human Resources Upon completion of the Leave of Absence, the Director of Human Resources will compile all Leave of Absence Requests and supporting documentation and provide it to the Human Resource Assistant. 13 Human Resources Assistant The Human Resource Assistant will file all Leave of Absence Request Forms and supporting documentation in the Employee’s Confidential Personnel File upon the close of the request. HR Form 507.02: Certificate of Health Care Provider Page 1 of 2 Certificate of Health Care Provider This Form Must Be Completed by the Health Care Provider Employee’s Last Name, First Name Patient’s Last Name, First Name Relationship to Employee Medical Facts which support a Serious Health Condition* as defined by FMLA Does the patient’s condition qualify under any of the following categories as defined on page 2? NO Hospital Care Chronic Condition Requiring Treatments Absence Plus Treatment Permanent/Long-term Conditions Requiring Supervision Pregnancy Multiple Treatments (Non-Chronic Conditions) Employee’s Own Illness or Injury The patient is the employee with a Serious Health Condition* commenced on _________ Patient is Unable to Work: Begin Date __________ Through Date ___________ Patient has restrictions: Begin Date __________ Through Date ___________ Modified Work: _________________________________________________________________ Patient requires intermittent leave or reduced schedule leave due to Seriou Health Condition* Intermittent Leave or Reduced Schedule Leave Begin Date __________ Through Date ___________ Hours/Days __________ Every (week/month) ___________ Care for a Family Member The patient is a family member with a Serious Health Condition* which would require the employee to take time off work to provide basic medical. Person, or safety needs, transportation, or psychological comfort. The probable duration and frequency of this need is: Begin Date __________ Through Date ___________ Intermittent or Reduced Schedule: Hours/Days__________ Every (week/month) ___________ Health Care Provider Information Health Care Provider Name Health Care Provider Signature Date Type of Practice Adress Phone Number HR Form 507.02: Certificate of Health Care Provider Page 2 of 2 Certificate of Health Care Provider A "Serious Health Condition" means an illness, injury impairment, or physical or mental condition that involves one of the following: 1. Hospital Care Inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity1 or subsequent treatment in connection with or consequent to such inpatient care. 2. Absence Plus Treatment A period of incapacity1 of more than three consecutive calendar days (including any subsequent treatment or period of incapacity1 relating to the same condition), that also involves: 1. Treatment2 two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) underorders of, or on referral by, a health care provider; or 2. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment3 under the supervision of the health care provider. 3. Pregnancy Any period of incapacity due to pregnancy, or for prenatal care. 4. Chronic Conditions Requiring Treatments A chronic condition which: 1. Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider; 2. Continues over an extended period of time (including recurring episodes of a single underlying condition); 3. May cause episodic rather than a continuing period of incapacity1 (e.g., asthma, diabetes, epilepsy, etc.). 5. Permanent/Long-term Conditions Requiring Supervision A period of incapacity1 which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease. 6. Multiple Treatments (Non-Chronic Conditions) Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity1 of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis physical therapy), and kidney disease (dialysis). 1 "Incapacity," for purposes of FMLA, is defined to mean inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefor, or recovery therefrom. 2 Treatment includes examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations. 3 A regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition. A regimen of treatment does not include the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider. The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to this request for medical information. ”Genetic information,” as defined by GINA, includes an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member bought or received genetic services and generic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.” HR Form 507.01: Leave of Absence Request Form Page 1 of 3 Leave of Absence Request Form If you are eligible for Disability Insurance the Town will automatically supplement your disability insurance pay with the Town Pay (see page 2 for additional information). Please check box, if applicable: I will NOT file a disability insurance claim for this leave period. I do NOT want my disability pay to be supplemented with my Town pay. I understand I will not receive pay from the Town during my leave. Part A – Employee Information Last Name, First Name Department & Shift Mailing Address City Zip Phone Number Part B – Leave Information 1. Leave Reason 5. Current Leave Request Family Care Start Date End Date Medical 6. Expected Return Date Military Parental 7. Previous Leave Pregnancy Disability Start Date End Date 2. Intermittent 8. Yes No 3. Reduced Schedule Yes No 4. Is this an Extension Yes No EMPLOYEE: Please note important information in the Leave Administration Policy and on page 2 of this form. Employee Signature Date Part C – Department Review The Department Supervisor and Director have received the Leave of Absence Request. Supervisor Name Supervisor Signature Date Department Director Name Department Director Signature Date Submit to the Department of Human Resources. HR Form 507.01: Leave of Absence Request Form Page 2 of 3 Leave of Absence Request Form THE INFORMATION GIVEN BELOW IS IMPORTANT. PLEASE BE SURE TO READ CAREFULLY! Leaves of Absences must be reported to the Department of Human Resources when: 1) an employee is absent from duty for more than three (3) consecutive calendar days for Medical, Family Care, Pregnancy Disability or Parental Leave reasons either continuously or on a reduced schedule; 2) an employee is absent intermittently for Medical, Family Care, Pregnancy Disability or Parental Leave reasons; 3) an employee is absent for Military Leave. It is the Employees responsibility to submit requests for leave, or extensions for leave, as soon as the need is known. It is the department's responsibility to report leaves to the Department of Human Resources. It is imperative that your leave request is promptly forwarded to the Department of Human Resources for processing. A medical certificate must be submitted for all Medical, Family Care, and Pregnancy Disability leave requests. Parental Leaves require proof of birth while adoption and foster care placement of a child requires legal documentation. A copy of military orders must be submitted for all Military Leave requests. Paid leave accruals may not be spread out by taking time without pay during several pay periods to avoid interruption of benefits. The City will continue health and welfare benefits contributions during unpaid leave if your leave is protected by the Family and Medical Leave Act (FMLA) or, if on Military Leave, you may be eligible for Military Pay under the Texas Government Code or other applicable laws. If an employee is in an unpaid status and is not on an a benefit-protected leave under FMLA the Town may terminate an employee's benefits and a COBRA notice will be sent allowing the employee to elect continuation of coverage. Upon the employee's return to work, employees will be able to reinstate their benefits through the Town. Employees on a Medical, Family Care, Pregnancy Disability, or Parental Leave and who are eligible for disability insurance will have their disability insurance pay automatically supplemented with available Town pay (such as accrued sick, vacation, PTO, holiday accrued, parental pay, etc.). If you file a disability insurance claim, you may elect to not supplement your disability insurance pay with leave accruals and go without pay. If you elect to not supplement disability insurance pay, you will not be paid by the Town. You are responsible for reimbursing the Town for any applicable benefit costs, and/or may have your benefits terminated and be sent a COBRA notice. If you choose not to file a disability claim, you will be required to utilize your available Town leave accruals resulting in receipt of 100% of base wages. You must contact your department before your leave expires either to make arrangements to return to work or to request an extension of leave. Inexcusable failure to report to work upon expiration of approved leave is considered an automatic resignation. Be sure to read Leave Administration Policy and Leave of Absence Procedure. As a condition of returning to work, an employee who was on Medical or Pregnancy Disability Leave must obtain and present certification from the Health Care Provider that the employee is able to resume work. The certification must be no more than 10 days old and state that the employee is able resume work with or without reasonable accommodation. The certification must specify any limitations that may require reasonable accommodation. For information on leave and applicable laws, please contact the Department of Human Resources at 237) 682-2985 or hr@trophyclub.org. HR Form 507.01: Leave of Absence Request Form Page 3 of 3 Leave of Absence Request Form Required Documentation Medical Leave - Medical Certificate/Doctor’s Note: 1) Patient’s Name; 2) Must indicate it is a serious health condition; 3) Date the serious health condition commenced and the probable duration of the condition; 4) If the request is for an intermittent leave or a reduced schedule, the doctor’s note must state the frequency that is needed. Form or doctor’s note must be completed and signed by the doctor. Family Care – Medical Certificate/Doctor’s Note: 1) Patient’s Name and employee’s name and relationship to the patient; 2) Must indicate it is a serious health condition; 3) Date the serious health condition commenced and the probable duration of the condition; 4) Does the family member require assistance for basic medical or personal needs or for transportation? If so, the duration necessary must be stated; 5) If the request is for an intermittent or a reduced schedule, the doctor’s note must state the frequency that is needed. Form or doctor’s note must be completed and signed by the doctor. Pregnancy Disability Leave – Medical Certificate/Doctor’s Note: 1) Patient’s Name; 2) Must indicate absence is related to employee’s pregnancy; 3) Date the pregnancy commenced and the probable duration of the condition (expected delivery date); 4) If the request is for an intermittent leave or a reduced schedule, the doctor’s note must state the duration and frequency that is needed. Form or doctor’s note must be completed and signed by the doctor. Examples: Intermittent Request: Employee or Family Member has a Serious Health Condition – the doctor’s note must state the duration (1 – 2 days per month) for the next year. Reduced Schedule: Employee or Family Member has a Serious Health Condition – doctor’s note must state the duration and frequency needed (employee can work 4 hours a day for the next 6 weeks or employee is needed to care for family member 1 – 2 days per month). Parental Leave Hospital issued birth certificate. For adoption or foster care placement of a child, legal documentation is required. Military Leave Provide a copy of military orders or appropriate documentation. TM – 507.02 - Reporting Workplace Illness & Injury Procedures Page 1 of 3 Approved: October 14, 2024 Reporting Workplace Illness and Injuries Procedure 1. PURPOSE The purpose of this procedure is to provide directions to Town employees and supervisors on how to report workplace illness and injuries in accordance with the Leave Administration Policy, TM - 507. 2. REFERENCE DOCUMENTS TM – 507: Leave Administration Policy HR Form – 507.03: Accident/Incident/Loss Report Form Texas Worker’s Compensation Act 3. RESPONSIBILITY Employee Supervisor Department Director Director of Human Resources Human Resources Assistant 4. PROCEDURE MEDICAL ATTENTION* Emergency • Call 911 or go the nearest Emergency Room Notify the Director of Human Resources or Town Manager Non-Emergencies Go to the closest CareNow Urgent Care facility: 1530 N. US HWY 377, Roanoke Town Manager Procedure Procedure Number TM – 507.02 Implementation Date: 10/14/2024 Last Revised Date: Policy Contact: Director of Human Resources Council Resolution Number 2024-19 This Procedure requires Town Council approval. TM – 507.02 - Reporting Workplace Illness & Injury Procedures Page 2 of 3 Approved: October 14, 2024 Step Responsible Position Action 1. Employee Employees are required to inform their Supervisor immediately upon sustaining an illness or injury on-the-job. 2 Employee / Supervisor Employee and/or Supervisor will complete the Accident/Incident/Loss Report and submit it to the Department of Human Resources within 24 hours of the incident. All work-related fatalities or in-patient hospitalizations MUST be reported to the Director of Human Resources or Town Manager immediately. 6 Director of Human Resources The Director of Human Resources will review the Accident/Incident/Loss Report and report the Illness/Injury to the third-party Workers’ Compensation Administrator by completing the DWC-1 on the TML portal. 7 Director of Human Resources The Director of Human Resources will submit any supporting documentation, the DWC-3 and any DWC-6’s to the third-party Workers’ Compensation Administrator via the TML portal. 8 Employee Employee will work directly with the third-party Workers’ Compensation Administrator regarding medical treatment and any claim requirements. Employee will promptly provide the Department of Human Resources all medical or work status notes. 9 Director of Human Resources The Director of Human Resources will email the Supervisor, Department Director, and the Accounting Specialist the status of the Employee’s Worker’s Compensation Claim and any time keeping instructions. 10 Employee Employee will notify the Department of Human Resources when their treating physician has cleared them to return to work with or without restrictions. 11 Director of Human Resources The Director of Human Resources will coordinate the Employee’s return to work and any Light-Duty or Reasonable Accommodation process. 12 Director of Human Resources Upon completion of the Workers’ Compensation Claim, the Director of Human Resources will compile all claim documentation and provide it to the Human Resource Assistant. TM – 507.02 - Reporting Workplace Illness & Injury Procedures Page 3 of 3 Approved: October 14, 2024 13 Human Resources Assistant The Human Resource Assistant will file the Worker’s Compensation claim packet in the Employee’s Confidential Personnel File. HR Form 507.03: Workplace Accident or Incident Report Page 1 of 2 Workplace Accident or Incident Report This report is to be completed by the Employee and/or Supervisor when any Town employee sustains an injury or illness on-the-job. Part A – Employee Information Last Name, First Name Department / Division /Shift Job Title Part B – Accident/Incident Information Date of Accident/Incident: _________ Time of Accident/Incident: __________ Location/Address of Accident/Incident: _________________________________________________________ On Town Property: Yes No Description of Accident/Incident: _____________________________________________________________ Describe any contributing factors (i.e. weather) that may have impacted situation: ______________________ Police Investigation? No Yes (Agency Name _______________ / Attach Report) Part C – Witness Information List all witnesses to the Accident or Incident Last Name, First Name Phone Number Last Name, First Name Phone Number Address Address Last Name, First Name Phone Number Last Name, First Name Phone Number Address Address HR Form 507.03: Workplace Accident or Incident Report Page 2 of 2 Workplace Accident or Incident Report Part D – Injury Details Nature of Injury: ___________________________ Body Part(s) Injured: _____________________________ Treatment Provided: ________________________________________________________________________ Medical Facility (if Applicable): ______________________ Treating Physician: ___________________ Medical Provider Address: ___________________________________________________________________ Was the employee placed off Work? No Yes Expected Return Date: ______________ Part E – Supervisor Investigation and Follow Up Describe immediate causes such as: distraction, failure to use safety equipment, incorrect lifting, etc. Date Accident/Incident Reported to supervisor: ___________ Part F - Review Employee Name Employee Signature Date Supervisor Name Supervisor Signature Date Department Director Name Department Director Signature Date Submit to the Department of Human Resources within 24 hours. Part G – Human Resources Date Received: ____________ Date Filed DWC-1 with TML: ______________ EXHIBIT C Prohibited Technology Policy 1. STATEMENT OF PURPOSE This policy prohibits the use or installation of Covered Applications on all Town owned or leased devices, including cell phones, tablets, desktop and laptop computers, and other internet-capable devices in accordance with Texas Senate Bill (SB) 1893. This action is taken to enhance cybersecurity and protect sensitive information. 2. POLICY A. Except where approved exceptions apply, the use or installation of Covered Applications on all Town owned or leased devices, including cell phones, tablets, desktop and laptop computers, and other internet-capable devices is prohibited. B. This policy applies to all Town employees, contractors, volunteers, and any other users of Town-owned devices or networks. C. Covered Applications 1) The social media service TikTok or any successor application or service developed or provided by ByteDance Limited, or an entity owned by ByteDance Limited. 2) A social media application or service specified by proclamation of the Governor under Government Code Section 620.005. D. Exceptions 1) The use and installation of a Covered Application on a Town owned or leased device to the extent necessary for the following reasons is permitted with the approval of the Town Manager or their designee: a. Providing law enforcement; or Town Manager Policy Policy Number TM - 600 Implementation Date: DRAFT 10/14/2024 Last Revised Date: Policy Contact: Town Manager Council Resolution Number 2024 - 19 This Policy requires Town Council approval. Prohibited Social Media Policy Prohibited Technology Policy October 14, 2024 Page 2 of 4 b. Developing or implementing information security measures. 2) Any Department or individual requesting an Exception to this policy shall submit a written request to the Town Manager that provides at least the following information: a. Requesting Department or individual b. Department Director’s approval c. General reason for request d. Duration of the use and installation e. Measures the Requesting Department or individual will take to mitigate the risks posed to the Town during the Covered Applications use f. Formally documenting an approved request with the Department of Information Technology or Information Technology Consultant’s ticketing system. E. Responsibilities of the Department of Information Technology 1) The Department of Information Technology or Information Technology Consultant must: a. Identify, track, and manage all Town owned or leased devices including mobile phones, tablets, laptops, desktop computers, or any other internet- capable devices to: i. Prohibit the installation of a Covered Application. ii. Prohibit the use of a Covered Application. iii. Remove a Covered Application from a Town owned or leased device that was on the device prior to the passage of S.B. 1893 (88th Leg, R.S.). iv. Remove an application from a Town owned or leased device if the Governor issues a proclamation identifying it as a covered application. 2) Implement the following security measures: Prohibited Social Media Policy Prohibited Technology Policy October 14, 2024 Page 3 of 4 a. Restrict access to “app stores” or unauthorized software repositories to prevent the installation of unauthorized applications. b. Maintain the ability to remotely wipe non-compliant or compromised mobile devices. c. Maintain the ability to remotely uninstall unauthorized software from mobile devices. d. Restrict internet traffic to Covered Applications from town devices and/or networks 3) Information Technology Department or Consultant will verify compliance with this Policy through various methods, including but not limited to, IT/security system reports and provide such information to the Town Manager. F. Compliance 1) All employees and users of Town resources are required to comply with this policy. Any attempts to bypass these restrictions will be considered a violation of Town policy. 2) An employee found to have violated this Policy may be subject to disciplinary action, including termination of employment. 3) Any contractor or individual that is not a Town employee that is found to violate this policy may be prohibited from providing services to the Town or participation in Town events and activities. 4) Users are encouraged to report any issues or violations related to this policy to their supervisor or Department of Human Resources. DEFINITIONS None PROCEDURES AND FORMS Prohibited Social Media Policy Prohibited Technology Policy October 14, 2024 Page 4 of 4 None REGULATORY REFERENCES Texas Senate Bill (SB) 1893 SUPERSEDES None