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HomeMy WebLinkAbout06. 19-618 DECEMBER 10, 2019 19-618 RESOLUTION (CARRIED____7-0____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE EMPLOYEE HANDBOOK UPDATES INITIATED BY: HUMAN RESOURCES BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached updates for the Employee Handbook Sections 100, 103, 104, 105, 107, 108, 109, 110, 111, 112, 116, 204, 205, 207, 208, 209, 210, 211, 212, 213, 216, 217, 221, 223, 303, 304, 305, 306, 307, 308, 309, 310, 313, 314, 315 & 316 for City of Oshkosh are hereby approved effective 1/1/2020 and the proper City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the handbook updates. BE IT FURTHER RESOLVED that this Employee Handbook update to Sections 100, 103, 104, 105, 107, 108, 109, 110, 111, 112, 116, 204, 205, 207, 208, 209, 210, 211, 212, 213, 216, 217, 221, 223, 303, 304, 305, 306, 307, 308, 309, 310, 313, 314, 315 & 316 for City of Oshkosh supersedes all previous versions of these sections of the Employee Handbook. City o` Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: John Fitzpatrick, Assistant City Manager / Director of Administrative Services DATE: December 3, 2019 RE: Employee Handbook Updates BACKGROUND This is a routine update to our Employee Handbook. The handbook is intended to be a helpful reference regarding City policies, benefits, and procedures related to employees, their expected behavior, action, and interaction. Although it is not all-inclusive, the purpose of this document is to cover a variety of topics about which questions may frequently arise, increase the understanding of expected outcomes, and help assure uniformity of application for common issues, across the organization. The handbook was last updated three years ago, effective January 1, 2017. ANALYSIS The most significant change to the handbook entails streamlining the Safety and Information Technology Sections (Sections 305 and 307) to create a more basic overview, while maintaining the detailed components of these policies and procedures separately and administratively. This change will reduce the handbook length by about 50 pages, provide a more focused and readable handbook for new and seasoned employees, and allow for timely updates as technology and safety regulations change. Other noteworthy changes include the: ❖ Addition of a detailed diversity and inclusion statement (Sections 103 & 104) ❖ Addition of language clarifying processes regarding certain salary adjustments (Section 109) ❖ Addition of language regarding relationships at work and additional language clarifying moving expense reimbursement eligibility (Section 110) ❖ Clarification of sick leave accrual and control language, as well as the addition of another option for unused accumulated sick leave (Section 217) ❖ Adjustment of the vacation allotment procedure upon hire (Section 221) ❖ Addition of clarifying smoking / tobacco use language (Section 310) ❖ Clarification of our exit process (Section 314) ❖ Modification of our grounds for discipline language (Section 315) ❖ Removal of obsolete language, corrections of typographical errors and corresponding page renumbering FISCAL IMPACT The only fiscal impact projected, is a one-time cost of $3,940. This is a result of bringing the 2020 vacation allocation for several recent hires up to the new vacation standard as proposed in the revised handbook. This adjustment is needed so as to not create inequity between these employees and any new employees that will be hired after the proposed modifications to the entry level are implemented. RECOMMENDATION I included the revised sections of the handbook for your information. Red strikethrough text indicates proposed deletions and red underline text illustrates replacement or new language. I am asking that the effective date of the changes made be 1/1/20. Please review these materials and let me know if you may have any additional questions in regard to this subject. Thank you. Respectfully Submitted, k A - - v) John Fitzpatrick Assistant City Manager / Director of Administrative Services Approved: Mark A. Rohloff City Manager Attachment: Updated Employee Handbook Sections cc: Michelle Behnke, Human Resources Manager cily % : Oshkosh EMPLOYEE HANDBOOK Prepared by 44w-City of Oshkosh I ivanan Resources City Hal I, Room 401 215 Church Avenue .P.0. BOX 1130 Oshkosh, Wl 54903-1130 Phone, 920- 36-51 i 0 Approved by Common Council Effective January 1, 2020 7 TABLE Ole CONTENTS 100 - Introduction.......................................................,,...........................................................8 101 - Personnel Policy..............................................................................................................8 102 - Inclusions/Exclusions ................................................................,.,.,.................................8 103 _ I1��yyiww■■veryj{t��yll�Jq�u��nlyy�``Emplu�rmentOppi)r�tunity........................ ............ 4...........................,9 i1�1■ Fai' 'Aefio i...................,............... I ..... .... ,.,-., .,........... ii.. a ii Y !a 1, Purpose >�na�rsi-r '................................................................................ ..... . ............Internal Analysis 43....................................... Aff=ative Action/Equal Fnipl€Ment Opportunity Goals - 4................... .......................................................... ........ ,............... ,..Cirievance Policy 65........................................................................... ........,,...,....,...,,,,.,.Legal Ar ion 1045 - Harass men ([DiscriminationlRetaliation Policy.....................................................11 1. Discrimination and Harassment Defined 2. Koh +b #iun a N sa i , . 4. Responsibilities 4 . Investigation . Report 65. Monitoring Compliance . Di.sciphne 47. Confidentiality 8. Other Available Procedures 105-13ullyin11 Pfalicy............. .........................------.....-----,.,.,.,.,,.,.,..........,..........................,.-16 1. BullyipX DeFined. 2. Re-si ns-ibilities 06 - 1111i1£�}' �r1 ;B�]]L'ilt) Iil k[FIl.....................................................,...,..................1 +1' 107 -Organization and Administration.............. ..............................................................t617 1. Responsibil ity and Authority 108 -Job C lasrffl.cation................................................................,...................,.,..,,...........�R1� 1. Authorized Position Count 2. Administration 3. Now Positions 4. Abalilton of Tkasi6ons S. Reclassification 5. Department Reorganization 7, Pusilion Description 9. review of C I ass i fication Plan 149-- Sulacy ................. 4920 1. Pay Plan, 2. Res ponsibility and Administration 3. Li nka,g-e 4. Pay 5yst 5. Deductions 6. New Employees 7. Salary Adjustment Revised January 20a 8. Exceptions to the Pay Plan 1110 - Recruitinent and Selection ......................................................................................... 257 1, Policy 2. Relatives 3. Recruitment 4. Selection S, Certification and Appointment 6. Eligibility 7. full-Tirne, Part -Time, and Seasonal Employment & Limited Terra ppointrr eats/Emagency Appointments 9, Introductory Period 10. Evaluation II l -Scheduled Hours, OT, and Compensatory Time, and Extra Ray ........................ 2432 1. Purpose 2. A tendance 3. Job Abandonment 4. Scheduled Hours 5, Lunch Periods, Breaks b. Overtime 7, Call In 8. Shift Differentials 9. Holiday Pay 112 - Employment Continuance, Layoff, Reciall from Layoff3-24 1. Purpose 2. Employment Continuance 3, Layoff 4. Recall-Frrorn Layoff 113-rievanee........................,.............................................................................................335 1. Policy 2. Administration 3, Definitions 4. Grievencc Piocedurc 5. Representation 6. Time 7. Legal cti-on 8. Exclusive Reniedy 114 - Records and Transactions Management..............,.................................................4941 1. Purpose 2. Responsibi I ity & Authority 3. €5curity of Re"rds 4. Public Inspection . Destruction of records 6. Reports 115 -Training and Development........................................................................................40 1. Purpr )se 2_ Director of Administrative Services Revised hnuaryF ti p 3. DeparEment Head 4. in Service Training 5. Credentials G. New Employee Orientation 116 - Exit lnter-views............................................................................................+++.............42 1. Purpose 2. Exit Interviews 3. Ret= of City Equipment 20D- Fringe Benefits...................+.......................a................................................................424 201--202 -- both IRA/Deferred Coropcusation .................................................................. 4-24 203 - Direct Deposit..............................................................................................................434 204 - Employee Assistance Prograrn i1AF)....................................................... 0....... I ........ N 205 - Family and Medical Leave Act I� MLA) ..............................................................4 5 1. +QI.Ialifying Fvents Z. Eligibility 2..11esources 206 - Funeral Leave .............................................. ...*...+...............................................445 207 _— Dental, Health, and 'Vision Insurance.....................................................................446 11 . _ .'II . hilI44" 1-2-Commencement of Coverage '=_�. orminaLion of Coverage 208 - Holidays..................................................................... . .....................................446 209 - Income Continuation Insurance ................................ 210 Jury Duty...................................................................... J4�57�+I . ..................... ..+.+++++++++.4..aa.Tlf 211 Leave of Ahsen e........................................................................................................4-7 1. Unauthorized Absence 2. Ti-aining Leave 212 - Life. Insurance.............................................................................................................468 1. F,rU-011ment 2. Payment 3, Age 65 213 - Military Service...........................................................................................................4-79 1. Active Duty 2. Military Reserve Leave 214 - Retirement.................................................................................................................4850 215 - Seetion 125-Flexible. benefits Plan..........................................................................4950 216 - Separation Pay..........................................................................................................4950 217 - Sick Leave..................................................................................................................4-451) 1. Accumulation I Reporting 3. Employee 4. Spouse/Dependent S. Doctor Certification i-.0_Sick Leave Abuse 6-.7.0 -used Acciimulatiori -74,Ovr,rtlme Eligibility Reaiscd. Ja fttf ry 20ZG44 218 - Social Security.............................................................................................................502 21 - Unemployment Compensation..................................................................................502 220 - Uniform and Safety Required Footwear Allowance................................................502 221 - Vacation ........................................................................................................................502 1. New Hires 2. Prior ServicePLSA 3. Ern llUsed 4. Accumulation . Separation 6. Recognized Holiday 7. Approval 222 - Voting ............................................................................................................................ 5,13--� 223 - Worker's Comptusation.............................................................................................5.14 1. Reporting . Payments 3. Sie'k Uave 4. Updates 224 - Tool Replacement.......................................................................................................S 300 - Customer Service........................................................................................................524 1. Purpose and General Policy 2. Administration of Customer Seryice 3. Teamwork in C'.ustorner Service 4. Improving Cuaomcr Servicc S. Public Trust 301 - PubUc Service Mission................................................................................................53.5 302 - Dress and Personal Appearance...........................................,....................................535 303 - Use of Telephone i Cell Phones..................................................................................535 304 - Employee Identification Cards..................................................................................S- 6 1, Regpomgibility and Authority — 2_ Identiricatu)n Cards Infoyrnation 3, Requirernotiis far W= 4, New Employee Identification Carol Process 5. Replacement and Use, 30- Information Technology..............................................................................................557 1. Purpose 2. Involved l'ersnn% 3. Involved Systems 4. Privacy and Personal Use 4-5.Additianal Details �_ Cl����-�i•�n�H��l 9. sy,4, V€n° C-IeHirV4 �:-1�3�ri��g y�•Rrive� Revised January 2020 P 306 - Inclement Weather............................................................................. 307 - Safety Polley........................................................................................ 1. Purpose 2. Principles 3. Inlrndui;tion Safety l 4. Res-pansihility for Safety 5. Additional Details �iFRSJ RiSR'l�SFi - �-�lSiiilL•�oi1Rl1441LlilLf e.�i4�.c, ....................58 ..................7258 308 - Return to Work Policy...........................................................................................44-2 1 1. Purpose 2. Ernpluyee Responsibility 3, DeparLment, Responsibility 4. Medical Provider Responsibility 5. Conditions for Modified Work Assignments 09 - Drug lip reeWorkplace.............................................................................................44-46.1 1. Purpose . Drug and/or Alcohol Testing 3. Opportunity for Assistance 4. Reporting of Drug Corivictiaris 310 - Smoking I Tobacco Use,,,,,,,,,,,,,,,,,,,,,,,...................................................................44W64 1. Smoking and Other Tub mo [Jse in Municipal Buildings & '`Vehicles is Prohibited 2. Prohibited Conduct 3. Notification 4. Penalty and Enfatwmerit 311 - Workplace TViGience................................................................................................ 65 312—1Ncapuns..................................................................................................................5 313 - Trlvel.......................................................................................................................11[66 Revised Ian uary 2020,4 l , Hotel and Motel 1�xpenses 2, Beals 3. Poi terage k Public.Transportation 5, 1Air `Taavel C. City Owned Vehicles 7. Use of Privately-- awned Automobiles 8. Taxis/Limos 9, Rental gars 10. Registration lees 11.INon-Travel Expenses 12, Telephone 13, Travel Expenses of Others 14. Travel Authorization I5, 'Traveling with Spouse 16. Cash Advance 17. Responsibility IS, Preparation of'Travel lsxpensc Report 314 - Employment Termination..................................................,.................................., 171 1. Notification 2. Property Return 3. Benefits Payout 315 - Discipline.................................................................................................................... 72 1. Put -pose 2, DocunIcutatioxl 3, ' ein tei} Righu 4. Loudermill Rights . Grounds for Di.sciphnary Action 316 - Conflict of Interest.................................................................................................. 44474 1. Put -pose I Conflict. of Interest 3, PGlitical Activity 4, Gifl:.s and Gratuities 5. Fund Raising Dtives 317- Separabliq ............................................................................................................. 75 318 - Suggestions.............................................................................................................. 75 319-Amendment ..............................................................................................................4-2675 7 Revised January 20204 loll INTRODUCTION Welcome to your position with the City of Oshkosh, We hope you will find your work interesting, challenging, and rewarding. It is our hope that you will find this Handbook a. helpful reference inbecoming familiar with the City policies, henef U, and procedures. `l"hough it is not all-inclusive, we have attempted to cover a variety of topics about which rlur;stions may frequently arise. The policies were written with the intent of increasing understanding and to help assure uniformity throughout the City organization. Your Supervisor, Department Head, and # -1 luman Resources am available to answer any further questions you may Lava!• with regard to your employment with the City of Oshkosh. The City of Oshkosh reserves the right to modify, revoke. suspend, terminate, or change any or all of its plans, policies, or procedures, in whole or in part, ut oozy time with or without notice. The language used in this handbook is not intended to create, nor is it to be construed to constitute an employment contract between the City of Oshkosh and any one or all of it,5 employees, Employes of the City of Oshkosh are employees -at -will. No person other than the City Manager or his or her designee has authority to make any agreernent for employment for wiy specified period of time or to make any agreement contrary to she foregoing. 101 PERSONNEL POLLICY The following principles form the basis for this policy, 1. Recruiting, selecting and advancing qualified candidates on the basis of their relative knowledge, skills, and abiIities, 2.. Fstahlisbirzg pay rates consistent with the principle of providing comparable }gay for comparablc work. 3. Reinforcing goal ,job performance, correcting inadequate performance, and separating rrmploy s whose performance cannot lac corvected, 4. Ensuring fair lreatment of all applicants and employees in all aspects of pt-rsonnel administration in accordance with all applicable state and federal laws, 102 INCLUSION f EXCLUSIONS 1. This employment hcmdbool applies to non -represented employees and to employees c;overW- strider collective hargaining agreements when the specific agreements do not apply to the contrary. s Revised January 202 2. In instances when these provisions are in conflict with Wis. Stats, Chapter 62,13 (Municipal Police and Fire Departments), or the rules adopted by the Police and Pare Commission, those provisions shall apply. 3. This Izairdbook shall apply to personnel admiDis#ratinn for all employees and departments of the City of Oshkosh now existing or hereafter e Mablished except fc following: a, Nlembers of the OshkoshCommon Council, b. Persons employed to make or conduct a temporary special itiquir°y, itive""tigatioll or examinzdon on behalf of the City. c. Members of committees, boards -or commissions who are not City employees. d_ Students engaged in field training. e. Work relief participants. f Volunteer workers. g. Independent contractors. 103 DIVE]ASITYIEQUAL EM-PLOYII ENT OPPORTUNITY Ali City of Oshkosh applicants and employees will be assured equal employment oppoilunity in accordance with all applicable state and federal laws. The City of 09&oshis enomiliyttcd 9pu fi +�tcjng, cultivating and preservilly a culture of diversity and inclusion. We: cn�l�MCC= 11'.l �n� + ur_�+�� UL11 e'M]' l.ovees' differciicts in rac o, color Le lr},Le TY, sCx iitejutliri} _i tC:L irfll7e ti..iider iden[11% Uld sexual orie ruction), national origin, age, disabilityi~enetic information, and Milil zry seryiccF. The City of Oshkosh diversity initiatives are: applicable —lout riot litnittd—tee our }practices aild policies tm recruittnent and selection-, compensation and benefits: piW�s;iprial dear 1opment and teninin promotions; fi-a isfers; oc:ial and rec:r+eational p1marams; layoffs; terminal ions: and the can clevelopiTwnt of a wm-k environment bui It on the premise of gender and diversity equity that encourages and a nfor-cc%, a Respectful communication and i2=ation between all employe s. * Teamwork and ernplavee participa#ion, perinitting the representation of all amens— nil elm--- pin .peas-pe:ctiyes. - • E ploayer and employes; gontributions to the communities we serve to promote a greater understanding rind resN-_q for We d1vr;rsity. Revised, January 2020-P All employees of the City of Oshkosh have a responsibility to treatolhers vvilh dignity and inspect at all times. All employees are ex :lid to exhihil conduct that reflects inclusion duri work, at work functions on or off the work site, and at all other City- ive events, All City of ( yhkosh gpplicants and employees will be assumd equal pmPlcxyment npWrtu nity in accordance with all applicable federal. state and local laws. I t - The goals of Divergi1y/F lual P niplayment Oppoalunity are intended to provide equal a sley4iw+a-opportunity for all qualified persons. 4. All i '' t , r —The Director of Administintive Services serves in the caLpacity of the Affirmative, Ao#ioTegual Employment Opportunity Off- cer {AA EE0 Officer•} f- . The AA/EEO Officer has the res.Nnsibility and .authority for the development, irnplcrnentai on, and review of the City's nTl m3atly related -Ppelicigay. The AAJEE0 Officer has full access to all departmental policies and procedures, rule and regulations, including personnel files and any other doctunents of information relating to the personnel employed by the City of Oshkosh. 5—.lnterrial Analysis - A thorough work force analysis i i undertaken eve[y othere-aA year. This comprehensive report (EE04) is on file in t Hunan RcsGurccs Division -for any interested parties to view. 2. 63. Afrimative Aelionll,€lual Employment Opportrunitm• Goals The City of Oshkosh, through its continued efforts to provide Equal .l'niployrnernt Opportunity, will strive to attain the following goals_ iR iis x-rr...ma4ive . efien efforts; a. Continue to provide equal employment opportunities for all € ualified persons as defined by State, Federal, ,err local law, b. Continue to administer persanuiel management methods that are nondiscriminatory and based an job -related criteria established through position analysis. c. Continue to update position descriptions as job dirties change set that [hey properly reflect the kno led.gc, skil is and abilities rcquked of the positions. d. Continue to recruit, s� hxL and retain members of protected classes in all City operations 10 Revised January 24 e. Continue efforts to achieve a r ptesentative mix of applicants for all positions E Continue training of all personnel to inform them of the pr+obierm, responsibilities, and means of elitninating harassment in the workplace. g. Continue to identify needs for reasonable accom, modation which will be met unless such accommodation would constitute an undue hardship for (Ile City. h, Continue contact with minority groups, and community groups to ensum Equal Employment Opportunity. a Grievance Policy — Sect on 113 of this F-mployee Handlx)ok outlines the grievance policy. 8-. Legal Action — Nothing in this pnl icy shall ahmgate any legal nieans of redress to the courts available to all employees. a. External complaint prvice.5ses are also available with state and federal government agencies: U.S. Equal EmployT nt }pp rt vity C:ommisNion (EEOC) 310 West Wisconsin, Suite 800 Milwaukee, Wl53203 800-66 -4f}f}0 ii. Equal Rights Division (ERD) 01 East Washington Avenue Madison, WI 53707 608-266-6860 iii. Office of Federal Cantract Compliance Programs ReugSFederal 13uiIding,Suit,e 1115 Milwaukee, Wl53203 414-297-3822 104M ' -HAR SSMi+ NT -/ DISCRIMINATION l RF'1'ALIATION POLICY ne City of Oshkosh is committed to providing and maintaining a professional work envit-onxnmt. Mat maintains employee equality, dignity, and respect. Unlawful discriminatign or Hharasament, including sexual harassment-, b- and/or retaliation is strictly priftbited. Unlawful disprimination and 14harassrtment a*4-kiflyin-g-increases hostility, creates an offensive working environment, adversely affects productive working relationships, and ultimately obstructs the: City's vision of a diverse workforeL% reflective of the C:ily itself. Einployees are entitled to a ixcia`k atmosphere free from unlawful. d.iscrimiriation and harassment based upon any characteristic proweted by State, Federal or local law. Revived January 20QJ-7 .-Behaviar that creates a hostile: work environment is a. serious matter and will not be wlerated- E nployces arse prohibited &orn engaging in amy conduct that could be construed .as Lot€awful discrimination or harassment, as defined by this policy. -l.Disr:ri.niintttion. and Harassment Defirred aAccording to the State of Wiscrrnsin lygaral Fights Division RD), discrimination and harassment becomes illegal when an employer, supervisor or co-worker discrirninates or hat -asses a person because, of their racer color, creed, ancestry, national origin, age (40 and up), disability, sex, pre,grrancy or childbMil, arrest or conviction rewrd, marital staters, sexual orientation, genetic. testing, honesty testing, t-+r w*A nE the-n ilitai semis service err use ear nonus-e of lawful products till` [lie ernpdoyer's pirinisew during nonworking hpurs. The law prohibits discrimination in recruitment and hiring, job assignments, pgy, leave or benefit% promotion, licensing or .union d egibcr,,hip, tMjgjgU AyolT and fringe and other employment related actions. Hrnployecs may not be harassed in. the wprkp[aqq_bELqd_ n their larch cted staters, not retaliated against for filing a c°onlrPlairat, for assistila,g "'it" a Complaint or for €rppvsizag discrimination in the workplace Frb.A.ccording to the LLS Equal Opportunity Commission (EEOC), it is unlawful to harass a person (an applicant or ernployc�e based on bee, race. color, reli °C sex (in-ciuding prep rtcy, &meter i.dontity and sexual Orientation), national origin, age (40 and alder), disability_ or genetic infon-nation.. It is also idle al to diqedminate akaris#st a person because the peon comnlalned about discrimination, fired a charge of discrimination or participated in an empipvrnent discrimination invesligatlon_or_la_wsult. c_b-harassment may include verbal abt=, epithets, and vulgar or derogatory language, display of oft ,wive cartoons or materials, mirniery, lewd or o6ensive gestrams and telling cif jokes offensive to the above protected class members. The - behavior must be more than isolated incidents or casual comments, it involves a patti-,m of alamive and degrading ccmduct directed against a protected class; L- ember dial is sufficient to interfere with their work or create an offensive and hostile work envart:rnrr-renL d. e. Harass-mant cart include "sexual harassment" or unwelc cone sexual �advances, requests for sexual favors, and other verbal .or physical hinassment of a sexual nature. Harassment does not have to be of a sexual nature however and call ineleacle offensive remarks about a person's sex, dyer° example, it is illegal to harms a woman by retaking offensive cornments about women in general. Cloth victim and the harasser can he either a woman or a man, and the victim and harasser can be the same sex. ANhough the law doesn't prohibit simple teasing, offhand eoniments, or 12 Devised Jarw4ry 2t}fit} 17 isolated incidents, Immssment is illegal when it is so frequent or severe that it creatcq a hostile or affensivework mvirunment or when it resulls in an adverse employment decision (such as the victim being fired or demoted). The harasser can be Lhe victim's supervisor, a supervisor in another area, K co-worker, or someonc. who is not an employer. of the employer, such as a client or customer. Although the above refers to dctails of sexual harassment, tlie city will use similar analysis for other Corms of harassment. c, Prohibition of the Possession or Display of Harassing Materials - Fmployees are prohibited from possessing, displaying, disseminating, distributing, trading or sharing of any materials, regardless of format; (e.g., electrnnic, paper, fitni, video, animated) thut comfitutc harassment on the basis of any characteristic protected by State, Federal or local law. This prohibition extends to all materials whirh are purnognaphic aridior demeaning. This includes, but is not limited to, nude., serni- nudc or scantily clad images, or images of people simulating acts or exhibit expressions which are intimate, sexual, demeaning or provocative. f; I larassrnem also includes forms of retaliation agai rist individuals who -rep rt o cwperale in an invest igatiop kinder this policy, Both behaviors are considered to hc harassment �-%,hdier they take Rlace on or off CRYproperty, at an City� spcinsored function, or in a City vehicle, 4-2. Respon si bi lilies a. Employees - IF employees believe that they have, been subject to discr-w'iq:q- ha4iFkt,-harassment or any unwelcomesexual attention, they 8hould- i, Make their unease arid/Dr disapproval directly and iminedialely known to the d i scri in i n ator or bti4y-tar-harasscr; ii. Make a written retard of the date, time, and nature of the incident(s) and the names of any witnesses; and iii. Report the incident to the City of Oshkosh ITO officer, a human resource representative, or a supervisor. b. Supervisors - Supervisors must deal expeditiously and fairly with allegations of IF,ullying op -discrimination or harassment whether or not nitre has been a written or formal complaint. Supmisors who knowingly allow or tolerate discrimination or h4:4 ly; ng aF harassment are in violation of this policy. Supervisors must.- i. Act promptly to investigate discrimination, h4 i harassment OT inappropriate sexually oriented conduct; H. Ensure that discriminglo.ii. 11-ii I lying. fi-La,assinvnt or inappropriate Sexually oriented conduct is report c cl to r Ii c! 0 of Oshkosh EE 0 Officer or his/her designee; 13 Revised Jantmry 20204-7 5i. Take corrective action to prevent prohibited conduct from reoccurring. In many cases, a supervisor's warning to an allegad bully, R"isrriminator or harasser, combined with appropriate follow-up supervision and monitoring of tile employee's behavior may be sufficient to prevent or stop discTiminatiunbtillyinle, or hamssment. c. EEO Officer (the Director or Administrative Strvicus) or his/her designee - The FTO Officer al": 1. Ensure tliat both the individual filing the complaint (hereafter referred to as the complainant) and the aomsM individual (hereafter referred to as the respondent) are aware of the seriousness of a dhicrimination leng harassment c'-pinplaint; ii. Explain the City of Oshkosh discrimination I bullyi g-.1-harassniLent policy and investigation procedures to the complainant and (he respondent; iii. Explore means of resolving discrimination or hullying. OF -harassment complaints; iv. Refer the complainant and/or the respondent to the City of Oshkosh Employee Assistance Program (FAP) for counseling and referral servicess, if appropriate; V. Notify the FKj lice if criminal activities are al tugvd; and vi. Arrange for an investigation of the alleged discrimination or +K*flying -e harassment and the preparation of a written report to be submitted to a decision -making panel (see Section 5). &A.Investigation - An investigation into an alleged violation of this policy can be initiated by complaint with the City of Oshlcosh FE0 Offic�r or a hanian re-gaurcr, representative. Complaints should be filed as soon as possible aftor an incident of alleged discrimination or bullying or harassment. The TTO Officer assists thecomplainant ill completing a discrimination or bei­iyis �ar-harassrnent complaint. To ensure the prompt and flioroLgh rove Ligation of a discriminatign or bullyiFig of hatassment complaint, the complainant should provide as much of the following information as is possible: a. The name, depaAment, and posiLioo of the, person or persons allegedly causing the discrimi-nation bul lying or harassment; b. A description of the incidenl(.q), including the date(s), locatien(s), and the Presence of any witnesses; c. The alleged effect of the incident(s) -on the complainant's position, salary, benefits, promotional oppurtuTiifies, or other ter is or conditions -of employment; 14 RevMed J a nuary 2 0 2017 d. "nie names of other employees who might have been subject to the same or sirni tar di scri mi natiqTihu41yiffg or harmmment e. The steps the complainant has taken to try to stop the discrimination or ot-harassinent; and Any other information the: complainant believes to be relevant to the discrimination or huliyiRg OF harassment compkiint. The FEW Officer is responsible for ensuring that an impartial investigation begins within 10 working nays after a complaint has bey filed. The City of Oshkosh attempts to complete investi.gatioras within 15 working days. Except in the most unms al circumstances, investigations shoulder be completed within 30 working days. In most cases, the EEO Officer will appoint a qualified huanan resarur representative Of an independent outside investigator to lead the invc;stigatlun. In any case, a second person —usually a human resoT rce i.rpresenta:tive- should accompany the primary investigator dw ing all interviews with the c omplaii=t, respondent and witnesses so that iriforMatiOD obtained during the interviews can be corroborated. The investigation may take diffr+ nt 1"c ��_e1 iEc l eridiri, Upon the W2gifiq cir-curnstances. However. the following shall apply to all investi tl~a ions: ii. The investigators shall have the discretion to decide who they need to interview and/or talk to. Those employees than the investigators with to intelFView and/or talk to rnust appear at (lie scheduled investigator's mew ii. Everyone that the investigators interview and/car talk to must be truthful. This includes the e-omplainan4 the.. subject of the complaint, and and witnesses. The cornplainam. the suhiecl of the complaint, arrd witnesses Sh.L11 1) t01411CO�111[1 Ivall 111tcarmattQn in t e—i-,ulossession, and shall not be pu1l3e):�e fully e v asive_ iii, Evcrvonc that the; investigators interview and/or talk to must cooperate with the ir1vice iigatrxn. Thi4 includes answeyrinK eluestions to the best of their abilitic;s and rmemoly about any issue that is reasonably related to the subject (if the investigation_ 4. Report - The designated investigator prepares a writion repurl immediately following the completion of the investigation. Except in the most unusual circumstances, the import shauldmust he completed within 15 working days after the completion of the investigation. he, report must include: 4--- b a. surnmary of the complaint; is Riwised .tannery 20204-7 o;b.—summary of the response by the individual charged with discrin inationl y or haramment', &c.surnrnary of the statements and evidence obtained during the investigation; copy of the report must be sent to members of a decision -making panel consisting of the Director of Administrative Services, the City /homey and the respondent's department head and/or immediate superior, If one of the,-;e people is involved in the uornplaint, the City Manager shall have the right to appoint an individual as a replacement. Air consideration of the ieport, the panel may agree to one of the following: L Sustain the complaint, order the discrimination or bullying harassment to stop, facilitate appropriate sanctions on the respondcnl provide for the restoration of any empInyrnent benefits the complainant lost because of the discrimination or kr - r harassment and provide any other relief necessary to remedy the situation. ii, Order further investigation, for a period not to exceed 10 working days and require a supplementary report. iii. Dismiss the complaint, if it is found to be without merit. iv, Order other corrective actions to effectuate the change in behavior(s) required. Once the report has been approved, codes are provided to bath the complainant and the respondent. The EL40 Officer and a member of the committee meet with the complainant to explain the decision. The EF-D Officer and the respondent's supervisor and/or department head meet with the rc,5prrndent to explain the decision and implement any corrective action or discipline determined. 6.5.Monitoring Compliance The supervisor is expected to monitor the individual's coinplia lcu as determined by the decision making panel, .13iscipline - Employees who violate this policy may be subject to appropriate: di&uipline. 1g.7 Conl dcnth�flily - ,All inquiries, complaints and investigations are treated as confidentially as possible. However, when the City becomes aware of the potential of a discrimination or l ytng-r harassment situation it is obligated to follow up can the circumstances which may require the discussion of the infortnation provided. a. AH information portaining to a discrimination or �,„'�rharassment complaint or investigation is maintained by the EEG Officer in secure files. is ►Ill individuals Pnntacted in cormection with a complaint will be counseled that any infoarnation pertaining to the complaint should be held in confidence. 16 R-evisud January 020-P 4-8-0ther Availahlo Procedures - The procedures available wader this policy do not preampt or supersede any legal prouedures or remedies otherwise available to a victim of harrassme;nt under stag or federal law. 105 BULLYING POLICY 1. Bullying Defined a. Bullying is any gesture or writtcrt, verbal, graphic, or physical act (including electmnically transmitted acts - i.e., cyberbullying, through the use of interne,t, cell phone, personal digital assistant (pda), Qomputer, or wireless handheld device, cLmvritly in use or later developed and used by employees) that is reasonably perceived as being dehumanizing, intimidating, hostile, humiliating, threatening, or otherwise likely to evoke fear of physical harm or emotional distress. e4i.Bullying also includes forms of retaliation against. individuals who report or �cwperaate in an investigation. under this policy.: ucb behaviors are considered to be unacceptable behavior they take place can or off City property, at any City -sponsored fmiction, or in a !City vehicle. L. Bullying is conduct that rncets all of tiie following criteria: W i-�i_is reasonably perceived as being dchuinwiizing, intimidating, hostile, hwniliating, threatcring, or otherwise likely to evoke four of physical harm or emotional distress, and; iii?ii�is directed at one or more employees, and; iN-iii. is oanveyed throul h physical, verbal, technological or emotional means, and, Div, substantially imerf'eres with an employee's ability to do their job, 2. Rcspgnsibi,liti a- Frnplo +ee - Id employees +eyes believe th; t they have beeia Ubject to bullyink, they should: i._ Make their unease anc9/o dj,!�r'.r I-- I tli,tI and inimediatuly ,k:nfi t to the nftelader ---- — -- 17 R-evlsed .laiinary 20204-7 ii. Mahe a written record of the date, time, and nature of the incident(s) and the names of any witne&ws; and iii. ReVLrt the incident to a supervisor or human resource representative, 1 . Su eryisors. - Su er impi:s must deal Weditiously and I'airl,y with allel atiuns of bullying whether or not there has been a written or formal complaint. Supervisors who knowingly allow or tolerate bullying are in violation of_ this policy., Supervisors must; L Act pramtly to investigate allc ntior afbullyln ii, Take corkective action to prevent prohibited conduct from reocc:urring iii.. if the behavior ann rs to include unlawful d sgiminadmL h wpent or inapyropriau! sexually oriented conduct. ensure it is reported to the City of Oshkosh EEC) Officer or his/her designees Ire many eases, a supervisor's warning to au alleged offender•, combined with appropriate follow-up supervision and monhoring of the emuloyce's behavior may bg sufficient to prevent or stop the behavior. However, supervisors and/or employees should consult with llulnan Resources for additional guidance, 1(16 EMPLOYEE-MANAGFMETNT RE IWFIONS Certain City employees have the right to organize, join and pailicipate, or refuse to organize, join and participate in any employee organization freely and without fear of penalty or reprisal as Provided for in the Municipal Employment Relations Act f isconsia Statute 111.70)) 107 ORGANIZATION AND AI1MINISrI RATION Proper orgariizatiou and a clears understanding of responsibility and authority are essential to effective and efficient pity govc=ent administration and management. 1. Responsibility and Authority a. Director of Administrative Services -The Director of Administrative Servims, for designee) shall: Advise the City Manager and Department Leads on personnel shatters. iL Formulate and direct the administration of personnel policies, procedures, and regulations. iii, Negotiate and administer c;olloctive bargaining agreements, iv. Assist Department Heads in recmitment, selection, placement, and transfer of personnel. 18 Rcviscd January 2020I-7 V. r.-Waluate requests for promotions or transfers and make recornnicridations. vi. Recommend and waist in disciplinary action. vii. Process employee grievances. viii. Supervise the, maintenance of personnel records, including general, compensation, insurance and accrued benefits, ix. Evaluate reque4s for changes in employee strength and organizational structure. X. Supervise employee development programs. xi. Develop and maintain a job classification sy%,tEm. xii. Maintain curre► t. posi ti up descriptions, xiii, Be responsible for wagc and salary adminish-ation, xiv. Direct safety pra grams, xv, Serve, as secretary to the Police & Fire Commission. xvi. Serve as AAQfEF0 Officer for the City and regularly review and administer the program. KIA, - -04W9 Cil�' PHYFOII 0130Farl'An'; Administer the c�mptoyec (ring o benefits program and disseminate information as required to all employees and departments. 4K-xvifi. Serve as agent for the Wisconsin Retirement Fund. x*-xix, -Investigato unemployment crimper)Sation claims and arTmige. for City representation at unemployment winpensation hearings. Administer temporary and emergency appcintments under Federal or State Programs. "Ii%xxi, -Keep current on State. and Fe ieral laws and wgulations relating to personnel policies and provide for the proper posting of in -formation posters required by State or Federal laws. ­ XXiL ' V X I i L Other duties as assigned, ba Department Heads - Department Heads shall: i. Enforce, the personnel policy, rules and regulations in their FC8PeCtiVC departmems, 19 Revised January 20204-7 ii. Keep employees informed of current personnel policies. iii, Immediaitely notify the Director of Admirtistrative Services of any proposed changes in persomicl and participate in the selection of replaternents as appropriate. iv. Collaborate with the Dii=tot. of Administrative Services in hiring, developing ornployeau orientation and in-service training programs and other personnel management activities as appropriate. V. Administer discipline and delegate stich authority to supervisory pemannel as appropriate. vi, Conduct performance evaluaticrus as appropriate:_ c. Supervisory Personnel - Supervisors shall: i. Implement thv personnel policies, rates and regulations within their unit. ii. Pailicipate in the selection of new employees as appropriate iii, Ad. -minister discipline to employees as appropriate. iv. Conduct performance evaluations as appropriate. 108 JOB CLASSIFICATION The puq)ose of the job classification plan is to provide a standard system of titles and job descriptions for the eiTective administration of personnel activities such as: stalf"mg, planning and budg-e ing, establishing and maintaining standards of job perfomiance, fair and equitable pair, valid selection and recruitment. programs, training, programs and career development. 1. Authoiizod Position Count - The authorimd positiurra count, as authorized by the City Manager and subsequently set forth in and duly adopted as pert of the annual City Budget, shall stave as the official documentation of positions within the City organization. The authorized position count shall identify the title and status of cacti position and shall be maintained and updated by Ow-1-Iuman Resources Divisionand incorporated into an organizational chart. 2. Adimrti:itration. - The Director of Administrative Servicu8 shall be responsible for the administration of the Job classification plain in cDoperation with Department Heads, key staff employees, and other appropriate resources. 3. New Positions - Wbrn a suitabic class does got exist, the Diarector of Administrative Services shall ustablish. a new class with an appropriate pay range subject to the approval of the City Manager and subsequently set forth in and duly adopted as part of [lie annual City budget. 20 Revised Janugry 20204.7 4. Abolition of Positions - When it is determined that a cla'gsi#'ication nr classil?calions a rio longer use-ful or needed, the; Director of Administrative Services shall recommend to the City Manager that such classes be abolished aiid duly adopted as part caf the arr.nual City Budget. 5, Reclassiffcation If an employee has facia which indicate that a position is irnproNrly ulassirted, the ernplcyee may work with their supervisor and/or submit a written request to the Director: of Administrative Services for review and approval subject to approval of the City Manager wid subsequently set forth in and ditty adopted as pan of the amual City Budget. 6. Deioartment Reorganization ation - If a department or division is reorgarii7.ed, position da,sct°iptions for all affected ernpioyees shall be submitted to the Director of Administrative See-vices:for review and approval as part of such reorga;d7atimi subject to approval of the City Manager and subsequently set forth in and duly adopted as pat of the wmual City budget, 7. Position Description - The Director of Administrative Service may require departments to subi tit pGsition descriptions when vacancies o ur or anytime there is rea sun to believe that there has been a significant change in the duties or responsibilities of one or more position& Annual review of position descriptions by Supervisors and eanplayees is rector niended. OffieW job descriptions shall be can file with y the -Human Resources Offie , S. Review of Classification Plan - The Director of Administrative Services shall review titre rclassificati€sn plan as alien as appropriate to ensure that the plan accumtcly reflmts existing position respoasibilitics and market conditions. The Director of Administrative - Services shall take whatever a+ctiron is appropriate to amend and update the classification plant, subject to review o.f the City Manager and subsequently set forth in and duly adopted as part of the annual City Budget. 109 SALARY ADMINISTRATION 1. Pay Plan - City pay plans include the schedule of pray ranges consisting of a minimum and maximum rate of pay for all classes of positions contained ill each respective plan as well as the: componenk and intended purposes for ,each future of the respective playas. The objective of each pay plan is to provide an appropriate salary strryc:tuM to recruit and retain the required number of City employees. 2, Respo sibility and Administration - The Common Council, acting through the City Manager and the Dircc#or of Administrative Services, shall b4e responsible for determining [lie halal annual aunount available forsalaries and salary measures under each pay plan. The Common Council shall also be responsible for the approval of the basic structure and coverall imiking of job classifications. based upon the recommendatiDns of the Director of Administrative Services and the City Manager. The Director of Administrative Services shall be responsible for the overall administration of each, pay plan and shall make additions, subtractions and rrandifieations to classifications and the 21 Revised Jaiiaary 20244 corresponding pay range assigrtments as needs d between formal surveys with the approval of the City Manager for reflcc ion in future budget documents. . Linkage - Each }gay plan shall be directly linked to a classification plan. Positions of similar responsibility shall be grouped together in grade levels to establish an appropriate ralc for cash grade, and to establish a range for that grade_ The appropriate rate shall be based an internal rankings and external market conditions. 4. Pay Systom - Pay periods arc bi-weeldy- I[ours worked during a pay period are ordinarfly paid the following Friday of the subsequent pay period. a. Deductions - before any deduction from an employee's wages is made, other than those allowed by law or court order, employees must authorize the deduction in writing. Fnrnis for authorizing a deduction are available in the Payroll Office, 5, i,--�levv l�niplo;�ee.s - b-AA now employee may be employed at a paint within the salary range coTnmensurate with his/her qualifications as determined by the Director of administrative Services. Perfumiance evaluation(s) will be conducted at least armually, performance evaluation reports shall be considered in personnel decisions affecting sixth things as compensation, promotion, demotion, removal, seduction in force, re-employmviA and training. 4-,7_ alary Adjustment a. Ocncral - The salary schedule shall be reviewed annually to consider overall changes of salaries inside the organization, the labor market and economic conditions. If a general adjustment is given, it may be matte either on a straight percentage basis, a flat dollar amount, or a combination of the two, Such a.�justments shall normally be effective January 1 or pay period 41. a- If the Cily utilizes a step based pay system„ rnavement from orie step to the next will occur on the c:rriployet's anniversary date of hire into their current c:lassiftcatiun and only after receiving an acceptable revicw of their performance from their supervisor up to the final step in the series progivssion. If pay for performance awards are provided, they will be awarded to those Qmpl« yees who lave receiver) an abo-ve average or hilghor review of their performance from their supervisor, 'These awards shall rionilally be effective January 1, niter all other base pay adjustments have been applied. When an employee's salary exceeds their existing pay range maximum the employee's pay is defimed as "red circled". A red +dialed emplayce will not be eligible for further base-accurn4lating pay increases until his/her salary is within the salary range for their existing position. b. Special - Individuals whose salaries are substarnial.ly below the level called for by the labor market and the individual's performance„ may be ,given an increase in addition to that called for elsewhere in these guidelines, upon recomrnendation of 22 Revi sect h-11111ary 20zq the Supervisor. Director of Administrative Services, and City Manager provided sufficient funds have been made available through the budgeting process by the Common. Council. c. Transfers - Employees in good standing may request to be considered for transfer to another position in the City which is vacant. Such requests shall be made to the Director of Administrative Services, When employees transfer witmn the same classification or pay range, they will receive no salary adjustment, but may he eligible to retain their original step inc:r aNe rime: d. Promotion - Faiployees who are promoted from one era tr) another having a higher Pay .range will be granted a salary increase of 5,116 or the pay step of the new range that provides an increase of at least 5%, or the minimum of the higher range, whichever ig greater. In the event of a promotion of two or more salary grades, the increase will be at least 8%, or the pay step of the new tango that provides an increase of at least P/b, but not to exceed 10%, or the minimum of the higher range, whichever is greater. Pmrrroted employees will not exczed the pay rate of the highest paid employee in their new classification, unless that rate is le s than: or equal to their Fornie.r rate. c. Demotion Demotions may be made: in lieu of layoff, as a disciplinary measure or aa;n he voluntary, Demotiprr:s roast be apprcaved in advanov. by the Director of Administrative Services and the City Manager, When employees are demoted, the following provisions apply: i. Involuntary a An employee who is demoted for iron -voluntary reasons but ururelated to performance will retain his/her present salary if the salary exceeds the new range maximum. If Th1- pt' wnt salary falls within the new range, the: c mployce will be placed in the new range at their current salary. t lowever, employees who are involmtitarily dernote l will not exceed the pay rate of the highest paid employee in #heir new classification. As long as an enlpluyee's salary exceeds the new range maximum, the employee will not be eligible for further base -accumulating pay irrcrreases until his/her salary is again within the salary range for the new position, I Voluntarry— An enip]uyee who takes a voluntary d niotion may w4retain his/her present salary unless than salary exceeds tiie maximurn rate of pays for the new position in which case; the omployce's salary will be adjusted to the new maximum. lIowever, ernployees who voluntarily dernote will not exceed the pay rate of the highest paid employee in their new classification. Also, an cmployee who voluntarily demotes to a_pay Crane that he/sly previously lield will not be placed black into that pay grade at a higher pay or pry step than they would have attained had stayed within that pay grade. An employee may only continue to rceciye a rate of pay in 23 Revi&cd Jan uafy 2€I204-7 excess of that maxiinum upon the recommendation of the Departnicnt Head and approval of the Director of Administrative Services and the City Mauager, Tf the employee continues to rt ive a rate of pay in excess of the maximuln salary range, the employee will not be eligible for hirther base-accurnulating pay intrreases until his{1'icr salary is again within the salary range for the new position. ii-. iii. Related to Performance — An employee who is demoted for periormance reasons m retain his/her present salary unless that salary exceeds the mkixirnum rate of Pay for the new position in which case the employee's salary will be adjusted to the, new maximum. I lowever, theses employees ilI not exceed the pay rate of the highest paid employee in their new classification. Also, an employee who is demoted for performance reasons to a pay ode that he/she_ prcyioup.I-y_held will not be placed back into that pay grade at a higher pay or pay step than they would have atudned.lmd. 10ed ,within that pay arade. f, reallocationfReclassifxcation - Wlicn an allocation of a position has been changed as a resell of changes in the duties assigned to the positions, the €i-ganizational structure of a department or logical and gradual chw3ges in the duties and responsibilities of the position, such change in grade will be considered to be a reallocation or reclassification. When employees are reallocated or reclassified the fol ltx ing provisions apply; iP Emplo}ou, who au-e reallocated or reclassified to a higher pay ,grade will be ,granted a salary incivzse of 5% or the pay step of the new range that provides an increase of at least 59/o, or the minimum of the higher range, whichever is greater. In the event of the reclassification of two or more salary grades, the increase will be at bast 8%, or the pay step of the new range that provides an increase of at least %, but not to exceed 10%, and thorn moveincnt to the next closest step that provides an increase, or tlic minimum of the higher range, whichever is greater. With the exception of compression adjustment related actions,, employ s who are reallocated/re la sified to a higher flay grade will not exceed the pay rate of the highest paid employee in their new classification, unless that rate is less thmi or ecluzd to their inrrmer rate. li. if a position is reallocated or reclassified to a classification in a lower salary range and the salary of the employee exceeds the inaxirrium of the new range, the employee will be placed in the new range, the employee will be placed in the new class and will retain hisftr current salary. however, with the exception of conipressioin adjustment related actions, employees who are reallocated or reclassified to a lower pay grade will not exceed the lay rate of the highest paid employee in their new classification. As long as an employee's salary exceeds the new range maximum the employee will not be eligible for further base -accumulating 24 Revised January 201(( 47 pay increases until hia/her salary is again within the salary range for the new position. Wii. If a positon is reallocated or reclassified to a classification in the same salary range tlli'._G'Q',:` atiill vccci.ye no Salary adjustment. Recall/Reinstatement - When the employeu—., are recalled to a position with a lover or higher pay grade, they shall be paid according to their experience and qualifications within the pay gmdes in which they will be employed. Employees who are re -called will not exceed the pay rate of the highest paid employee in heir new classification. When employees are reinstated to their former position, they shall normally be paid at the rate of the pr)sitien they are returning to, commensurate; with the ievel at the time Gf separation unless significant experience was obtained since separation which enhances the value of thy: employee to the City, In such instances, a higher rate may be paid up to the maximum. for that position. However, employees who ere i-einstated will not exceed the: tray rate of the highest paid ernployce in their classification. h. Replacement of Ernployee in Previ=5 Classification within Introductory Period (See Section 114.9) -- An employee who does not successfully complete their introductory period ;and returns to hisiher former class -gill have hWher salary restored to the: same rate of pay the employee received in the former class. i. Patt-time and Seasonal Employmon.t - fart -time and seasonal employ shall be coraNnsated at a rate established by the Director of Administrative Services. Temporary Assignment - Ernployeios who are temporarily assigned to a position with a highot iriaxiinum pay rate than their current rate for a period of 30 days or more, may receive an increase in pay retroactive to the starting date of their assignment upon approval of the l imetor of Administrative Services and tic City tanager. If the 30 clay threshold is known to be satisfied at the time of appointment, the pay adjustment will he conic effective, upon assigmient. Employees who are temporarily assigned to a position with a lower pay rate for any period shall not mreive a reduction in pay. k. Compression AdjustiTiont Wage compression exists when there is an unacceptable differential in wages or salary between a supervisor and direct subordinaw. In rare circumstances, compression can also exist within grades when more experi=cd employees within the same ur similar classifications are earning less than, or nearly the same as, less experienced employees. Compression can exist under a base pay comparison, under a total gross earnings comparison, or both. In determining whether compreSsiott is an issue that must be resolved through a pay inc«ase:, the City will look at the differences in total compensatiou (i.e., direct pay and benefits) between the. supervisor and subordinate positions. Unless the benefit package of the supervisor is determined to compensate for wage compression, the, City will provide an aucoptable lase pay differential 5 K vised lanuar 20.2. 47 between an exempt supervisory position and the average gross earning of the top paid classification directly supervised. Compression adjustment should not,,, in most cases require a pay grade change in order to use a rate within the assigned grade that providers the recommended differential. In situations where the cOmpire csiOn analysis requires a higher base rate: than would normally be wilized under the: compensation. plan, at the City's discretion, one of two actions will he available: L Adjust the employee's pay upward into the range, or i.i_ Move the: position up one pay grade temp€ nadly and only while c�)mpression conditions are still causing the prob1cm, The City v611 utilirx the first optiGn whenever possible, as long as the current pay grade and range allows for sulfic:.ient earnings growth c wsisterit with the intent and spirit of the compensation plan. However, when the City utilizes the second option and the position will be placed in a higher grade, all dor-uments and communications are retained to reflect the temporary assignment of these positions. The eamin,gs differential situation should he clzec;ked every year, and if conditions chaingc such that the actual pay grade provides an adequate differential and opportunity for sufficient earnings growth, these positions will move: back into their correct grade. —The City m gni7_es that the allowance of compression adjustments does disrupt some of the internal equity in its compensation plan, because [here are Jobs that are of higher internal value that may be paid less than a job of lower internal value. This is why the City intends to utilive- compression adjustments, sparingly, All compression adjustments must be recommended by the department head and recclivei approval by the Director of Administrative Services and tive City Manager. In the event that a position uricler a compression adjustment is later reclassified downward to (lie correct internal pay grade, the polir�y for Salary upon RWassificatioxl of Position. will apply in regard to compensation for the affected emplcayee. `blot to exceed" language does not apply to this action. 1. Market Adjustment — The City's compensation program has provided a methodology fbr determining pay rates for employees that recogniz-es not only the value of the positions in the rnaerket but also the internal worth within the City. There may be situations where a position in the City's cormprmsation plan should be considered for placement at a higher range of pay than that which is established. These ale positions that may uummand higher rates of pay clue to market de:rnands. As illustrated below, market adjustments should generally be c;onsidemd only under situation one or two. In either case, situation three should also apply before a market adjustinennt is aplawvecl: 26 Revised Janiiary 20LD-P i. The City has documented probl+enis re::ruiting and/or selecting ernpluyees within the assigned pay range (for example, a position is advertised two or more, times resulting in few or no qualified individuals), ii. The City has an unacceptable rate of turnover in a position, and exit interview information indicates a pay issue is contributing to the high turnover rate. iii. l iiodic Market surveys conducwd by the City show that the control point of the Crity's pay range is more than 15% less than the average rate of pay shown. for a giver, position in the market analysis. In situations where market demands higher pay rates, at the C:ity's discretion, one of two actions will be available : iv. Adjust the employee's pay upward into the range, or i+v. Move the position into a higher pay grade temporarily and only while market conditions are still causing the, problem, The City will utilize the first option whenever passible. However, when the City utilizes the second option, the appropriate pay gate will be determined by the City (with consultation from a compensation consultant, if d ircd) and the positron will be placed in a highv-r grade, Furthermore, all documents and communications are retained to reflect the temporary assignment of these positions to a higher pay grade. The market € onditions should be checked every year, and if conditions change, these positions will move back into their correct grade. The City recognizes that allowance of market adjustments does disrupt some of the internal equity in its compensation plan, because there are jobs that are of higher internal value that may be (raid less than a job of lower internal value. That is why the City intends to utilize market adjustments sparingly. ,All market adjustments must he ree ornmended by the department head and receive approval by the Director of Administrative Services and City Manager. In the event that a position ur)der a market adjustnient is reclassified to the corrcd pay grade, the reclassification section would apply in regard to compensation for the affected. employee. m. Market Survey Implementation Guidelines — The following implementation guidelines will be appIie:d to approved studies h If an employee's current rate of pay is between a step in the new range; then -the employee will be placed at the step that provides an increase. 27 Revised Januniy 2(}2&P ii. if an employee's current rate of pay is between the Control Prim of the new range and the Maximum rate of the range, then no increase: is required. iii. Iran employee's current rate of pays is "red -circled" and would be higher than the Maximum rate of the new range, there the employee would continue to he "real -circled". T.-& xceptions to the Pgy flan Exceptions to (lie pay plan may be made by the Oshkosh Common Council. 110. REC'RUI"1'I't9ENT & SELEC71ON 1. Policy - It shall be the policy of the City to recruit and .select the most qualified persons for positions in the City, including part-time, seasonal, and lirnit d term appointments. Recruitment and seleiction shall be conducted in a manner to promote open minpctition, provide for equal opportanity, and prohibit discrimination. 2. Relatives — With the exception of positions covered by the provisions of Wis. Stat<s. Chapter 62.13, an applicant for a position will not be eligible for appointment or hire if he or she has are immediate relative serving in the capacity of City Manager, Am, istant City Manager, Dire for Gf Administrative Services, Elected Official or a supervisorhwbcsrdinate relationship (see 3, d, ix of this section). This includes both direct supervision and indirect supervision as a result of a vertical relationship orr the organization chart cif the City. For purp-uses of this section, immediate relatives shall mean. spouse, child, parent, sibling, gmidparent, grandchild, and any stop -relative, hall -relatives, andin-laws of the aforementioned immediate relatives* When an applicant is an immediate relative of a staff person involved in a selection process, the relationship must be revealed by the staff person to the [director of Administrative Servius in advance u ' the selection process. When this occurs, the star` person is not allowed to participate in the selection process. Immediate relatives shall not be employed, promoted, or transferred to any department or division which results in supervisor subordinate relationships_ This includes loath direct supervision and indirect supervision as a result of a vertical relationship on the organization chart of the City. Employees who become immediate relatives within the same department or division* or become Involved in a relationship., that CULLlJ_k7U..Jt CR:UiYed as a conflict of inlcrest subsequent to employment with. the City are regUireil to notify the Director of Administ ative Services or a human r-csource representative as soon as possible but not to exceedwitWie 30 days of the status change. The City Manager and Director of 28 tteviscd Janela ry 2D2017 Administrative Services reserve the right to review the warking relationship between the two employees and take appropriate action if necessary. Furthertnort% suprervisots are not allowed to become involved in a relationship with their direct reports. This restriction may extend to any supervisor above an employee a-, welt as indirect supervisor° relationships where the supervisor has in luent:e over [lie emplqyee's .en-ip)nYMQpt conditions. Such situations must be repoiled to the Director cal` .dministratiue Services or Human Resources as soon as passible but not to. exceed 30 days of the status gb n ee.. This provision is not intended to deprive any individual of ernploynnent opportunity in City service but rather to prevent situations which result in or provide potential lbr conflicts of interest. d. Reeruilmeni - The Director of Administrative Services shall develop acid conduct an active ineemitment program designed to meet the current and projected City staffing needs. Recruitment shall be tailored to the: position to be filled and dircetcd to sources lively to yield qualified candidate-,. a .lob Announcements - All job announcements shall include the job title, description, salary range and other pertinent information including minin-jum knowledge, skills and abilities rcquircd to perfurin desired duties. Jodi openings shall be formally announced and will state the time for Filing except in eases of immediate need or unusual circumstances. b. External Services - The Ditector of Administrative Services may direct recruitment efforts to outside services; these may include, but are not limited to, the following: i. Review of applications on file which are part of a continuing recruitment effort,. ii, gist with nearby job information and placement centeT-s including Department of Workforce, Development and the State Division of Vocational Rehabilitation. iii. Advertisement in the local newspaper. iv- Advertisement in regional newspapers, nationwide new.9papers or professional journals wh"e it appears that local coverage will not provide a reasonable nurnber of qualified applicants, V. Advertisement on. various websites. vi. Direct mailings to members of profnssiandl organ DuLtions. vii. Use of professional recmitment firm. c. Application Form - All applications for employrne nt shall be ,made on formms prescribed by the Director of Administrative Services and which meet State or Federal regulations. Individuals wishing to make application for future: openings 29 Revised January 2020+7 may do so, Such applications will rernain active for six () months and will be kept on file: for not more Lhan twelve (12) months unless updated by the individual within these time frames. d. Rejection -of Applications - The Director of Administrative Services may reject any application if the applicant - Has pi-ovided incomplete, false or inaccurate information. ii, Has been convicted of a crinit: which is substantially related to the duties rcquired such that the conviction renders the applicant not suitable for the position. iii. Is not within the agc limits prescribed for the position or for City employment, iv. Has an unsatisfactory employment record which indicates unsuitability for the p ositiorl, V. Does not meet the minimum requirements for the position. vi, Is unable to perform the es,5ential duties of the position. vii. Currently Molds a position with the City, Unless the applicant agrees to only artept one position so as to not create an unfornscen overtime situation. gill. Does not have the: legal right to work in the United States. ix. Has an "'immediate relative" or is in a relationship that m4y eause a. conflict (if interest with a pyggip- erving in the opacity of City Manager, Director of Administr"ativc Servioes, Assi.sta'tt City Manager, eleded official, or in a supervisorlstabordinatc relationship, as described in section H 0(2) of this handbc-iGk. e. Sci-cening - The Director of Administrative Services (or designee) will select only the hest qualified applicants for :;careening and final c owsideration. f. Interview Expetisc - Applicants who are celled in to interview for FLSA Exempt positions may be reimbursed for all or part of reasonable expenses incurred in conjunction with such interview including travel, meads and oversight accommodations, g. Moving Expense - When the City fills a V l , .21 Exempt position with an individual who resides outside the City of Oshkosh, the City may pay the reasonable cola of This payment will he limitcd to 500% el° approved m3cnses should the individual decide not to reside within the City 'Of Oshkosh limits. 10 Rcvised January 202t 4, Selection - The selection process shall maximize reliability, objecbvity, and validity as well as assess attributes necessary for sue ssful job perfbrrnauce, u. Seleeticn Devices - The Director of 1Adminisliative Smices shall be responsible for determining methods to be used to screen applicants for job vacancies. In developing the selection devices, the Director may confer with Department Heads, consultants, and ethers faindiar with the knowledgo, skill, and ability mgWn-,d and devices to best measure these: factors. Such methods or devices may include blot neod not be limited to arse or more of the following, i, Review of education, tr.ainin.9, and experience as shown on the applications iL Practical written or oral tests, work samples or perfonnance tests if job related. iii. Physic.a.l tests of strength, stamina or dexterity when job related. iv. Background and refeirmce inyuiriees. Vr Physical, psychological, and drug & alcohol testing after a conditional offer ofemployrnm is made, b. Corifiden6ality - All persons participating in the development and maintenance of selection materials shall eKercise every precautions to ensure the high;-est level of confidentiality. Only the Director of Administrative Services and individuals designated by the Director shall handle confidential selection materials. 5. Certification and Appointment. Applicants selected for certification and interview in accordance with the selection process shall number three or more than die number of vacancies, whenever possible. a. Faille -The applications of the best qualified shall be certified as eligible by the Director of Administrative Services .and submitted to the Department I -lead or Supervisor for consideration. b. Interviews - Candidaws sidected frRm applications may be interviewed by the Director of Administrative Set -vices or human resource representative, Department I lead, a Supervisor, or appmpriata panelists. c. Appointment - For Department Head positions, the final approval of the candidate selected shall be made by the City Manager with the exception of those employees required to be hired by a .specific board or commission. In all other cases, the Department Head or his/her designee in conjunction with the Director of Administrative" Services or his/her designee shall make the final selection and appointment to the position. First consideration shall always be given to the best qualified candidates to fill the vacancy. If- one of the certificd candidates is nett selected, justification shall he given to the Director of Administrative Services, If 31 Kevised January 200-P the reasons for not selecting the individual are found to be valid, the Director of Administrative Services niay certify other qualilted candidates. 6. Eli i� Virility - With the exception Df eligibility lasts established for the Police and Fire Departments For entry level positions based on the results of a remitrnent process established through the Police and Fire Caint issiotj and promotional registers for ;positions in these departments, the City of Oshkosh does not maintain eligibility lists but follows the principle of open competition and equal opportunity in recruiting and selecting fbi- each vacancy, 7, Full -Time, Part-Tirrie, and Seasonal Employment - These. er plcayees shall be classified as follows. a. Regular .Cull -Time Employee is defined as a persmi hired to rill a full-time position in the TabrDf Organization. b. Regular Part -Tune Employee is defined as a purson fired to fill a part-time position and regularly scheduled to work every week of a calendar year and accumulating 975 hours or more per year or il' hired after July 1, 2011 acemnulating 1,200 hours per ,year. c. Part -tune /employee is one who is not regularly scheduled to work every week and/or who worL- less than the wfekly and annual number of hours required for regular pan -time employees. d. Seasonal Employee is one who is lured for n stated limited period of time which shall conclude on or before the end of said period. . Limited Term Appointments/Erne_rgen y Appointments - If there is an urgent nccd to fill a vacancy and the Director- of Administrative Services is unable to immediately provide eligible candidates, (lie Director of Administrative Services may fill the vacancy b enler,genoy appcuintment until proper recruitment can take place. a. Temporary Appointments - Temporary Appointments sMl he made from appliczations on hand. If none are available ror te.rnporary work, the Director of Administrative Services may authorize the appointment of a qualified individual. The acceptance or refusal by an eligible caudidatc of a temporary appointment shall not affect the candidate's standing for a pernia.rient position if onv becomes available. b. Persons hired under Federal or Mate Programs - Persons employed by the City under federal or State programs are considered limited team employees and are not considered regular City employees unless specific action is taken to appoint such an urnployce to a regular position after he/she has been duly certified as eligible for such appointment by the Director of Administrative Services. 9. Introductory Period - All persons proinoted or transferred rm t one position to another or from one Department or Division. to =Dther shall serve an introductory period of up to thirty (30) calendar days, 'M4 period of trine is for the employee to show his or her 3 viscd January 202"7 ahi I i ty to work successfully with the Supervisor and fellow employees as we I I as perform the duties of` he position. During this introductory period should the slipervisix determine that the employee should not continue to rurnain in [lic new position, the Supervisor may end their introductory period. The employee will he allowed to return to [heir Prior positi-un as long as a vacancy is available. Empicyces will not be allowed to change positions until the introductory period ha-,; been completed. IntrodUCIOFYperiuds may be extcnded by agreement between the Department Head and the Dimctor of Administrative Se:Mcc-s. 10. Evaluation - At the end of the introductory period or at any other time deemed necessary by the Director of Administrative Sery i cc%, the Di rectur of Administrative Services or the Director's designee may request a performance evaluation to evaluate individual perfon-nance. The perffirinance evaluation reports shall be considered in personnel decisions affecting suoh things as compensation, promotion., demotion, removal, reduction in force, re-ernployment and training. 11. SCHEDULED HOURS, OVERTIME, COMPENSATORY TIME, AND EXTRA PAY 1, use -This section sets forth the policies and practices governing the establishment of work gehedules, the scheduling of overtime and forms of overfitne compensation. 2. Attendance - All City employces are expected to be punctual when reporting to and leaving work along with regular attendance at their respectlyc jobs. I I" it becomes necessary to be late or absent, employees must notify their Supervi.wr irnmedia(cly so adjusenents can be made to work assignments. 3. Job Abandonment- Nuployecs who fAil to report to work for Liu -cc (3) consecutive business days without .notifying their Supervisor of the absence will be considered as having voluntarily term i nated their pasi [ion as a result of job abandonment. If the employee is unable to contact their' Supervisor for any absence, he or should ask a representative (such as a family member or friend) to do so on die employoe's behalf. If the employee or a representative is unable to contact their Supervisor Ldue to extreme circumstances (such as a medical ornergvney or natural disaster that prohibits the employee or his or her representative to contact the. Supervisor within three days), the employee or his or her representativu mus[ contact the Supervisoir as soon as practicable to explain the situation. In extreme circumstances, the Supervisor and the Director of Administrative Services will consider the explanation and Its timing before determining if the voluntary termination will be upheld. 4. Scheduled Hours -- With the -exception of protective service and transit employees, the scQuied, hn k i rs, for each full-time position sbAl normal I y he -either thirty-seven and one- half (37.5) or lbiiy t40) hours per week or in accordance with department policy. Pw- time employees shall work a normal schedule ofhours avei aging less than full-time hours per week. 33 R ev ised J;j n Lia ry 202017 Te n.parary variations in daily and weckly work h-odules way be authorized by the employee's supervisor in resporrse to department needs. Supervisors, at their di-cretion, may also authorize tetxapnrary variations in work schedules for subordinate employees in order to accommodate emptuyee needs. Any such variations shall be in accordance with the )~air labor Standards Act (FL,SA) where applicable. Department Heads and salaried persons in executive, administrative, and professional positions may be allowed to work a flexible schedule of hours in ardor to accommodate fluctuations in their workloads. Such. scheduling shall be subject tO the gCMYral Upproval of thy! City Manager in the case of Department Leads, by the Department Head in the case of supervisory positions, and by superviscsrs irr the case of their professional positions, 5. Lunch Periods, Breaks - An unpaid lunch period shall normally be provided midway tough an a playee's shift in accordance with department policy. Non—exempt employees who eat lunch within City facilities are encouragod to do so away front' their work stations, Two paid fifteen minute, non -cumulative breaks may he provided in ac:cordawe with. department policy, The first break should be taken during the first hall' of the work day and the second break should be taken during, the second half of the day. Lunch periods and breaks are dependent upon the length of the work shift. Stich breaks are not to be taken at the beginning or at the end of the work shift and arenut to be combined with lunch periods. 6. Ovenime — With the exception or certain protective service positions, overtime, is time worked in excess of forty (40) hours in a workweek. Full days of holiday, vacation and floating holiday time, or any combination of the aforementioned tune that equates to a full clay. are counted toward the calculation of tirne worked. Substitution (if these: farms of leave fear other forms of leave will not be counted toward the calculation of time worked. When reasonably possible, all nvertimc shall be aipprovcd in advance by the employee's Supervisor. It shall he the responsibility of every Departnwrat Head and Supervisor to assign oveitirne work only whon emergencies or other compelling c irouamaanc s prevent the reasonable accommodation of additiorta,l work through the reassignment of work priorities or through the rescheduling of hours within the .same workweek. Eligibility for nvertime coanpensation shall be determined in accordance with the lair Labor Standards Aci for non-exempt enilrloyees and shall be: subject to approval by the Director of Adminisrr:ative Services. Department Heads and salaried exempt persons in executive, administrative, or professional posit oIi8 shall be ineligible for any form of additional compensation for ovel.tirnre Lours worked but may be allowed to vary their work schedules in accordance. with Section 4 above. Non-exempt employees eligible tar overtime pay will be Gumpensated at the rates of time and one-half (1.5) for tin-ic worked in excess of forty (40) hours in a workweek.., ..�*-* ► rrc p i r 'ri l=trilldflys, OF hojidiay7 vaeoen qnd fieaiiFig heliday iime, hieh-iffre`a-1 14 PevisW January 20 l w l � tl lut etr rl to _Overtime is not paid for exempt positions unless otherwise provided by a respective collective barni Ljgg cement. In departments where sufficient staff exist by determination of the respective department head and the Director of Administrative et -vices, the City allows compensalpq time, er the aczmmulation of a specified amount of umpensatory time., in lieu of cash payment for overtime at a rate of one and one-half (1.5) hours of compensatory time for each hour of overtime earned. An employee may request to take earned cornperisatory time Gaff within a reasonable time period of the request. Employee's compensatory time accumulates on a calendar basis witdi all end af yeaF-balances not used by than annually communicated deadline lfypically__bs_lanrx;s need to be taken by first week in Qcecinher*FisebedMl !he. !am pay period inNoyembe are paid out in cash the Matt paycheck in December following pi°far calendar year accumulation. htipleywa wpc:tcann may be required to tape a compensatory tirne payout at the linie_of transfer. Employe -es are not allowed to accumulate more than the statutory lianits. Compensatory time taken will not be counted toward the calculafion of (fine worked for overtime purposes. 7. Call In — With the exception of protective service, part-time, and seasonal ernployces, if a noi-r--exempL a'inpfoyee is called lack into work at other than his or her regular schedule of hours, he or she will receive a miniirnum of two (2) hour's pay for such work. All time worked as a rasuR of the "I in will be paid at the rate of one and one half (1.) times their hourly rate of pay, Tkis provision will not apply to hours worked consezutively prior to or subsequent to the employee's regular schedule of hours. 8. Shift Differentials — With the exception cif protective service, part-time, and seasonal employees, non-exempt employees who are assigned to work between the hours of 6,00 p.m. and 6.00 a.m. will be paid a fifty -cent (.50) per hour premium. Shift differential does not apply to overtime hours worked. 9, Hot i€lay Tray — With the exception of protective service, part. -tinier and seasonal employees, non-exempt employees »equired to work on a recugnizod holiday shall receive two (2) times their hourly rats: of pay for hours worked in addition to the holiday lay. As a condition for payment of holiday pay, every employee shall report for work on the scheduled work day before and after the recognised holiday unless such emplayee is on an approved form of leave. 112 EMPLOYMENT CONTINUANCE, CE LAYOFF, 1414,C'ALL FRt=311+7' LAYOFF PurpDse The purpose of this section is to set forth the policies and practices ret arding CLITIoyrent continuance, layoffand the recall of land off employees. 2. employment Continuance - An individual's employment can be terminated with or without notice at any tune„ for any reason. Furtherinore, no management official is 35 Revised January 20204 authorized to make an oral assurance or promise of continued employment and any such. pledge at agreement roust he in writing and signed by the {City Manager. 3. Layoff - Employees may be laid off based upon the nature of the duties to he con.whdated or eliminated,- funding levels and the past performance of the individual employees involved. Under certain circurnstances, workweek rccluctions may be inmposcd in lien of layoff, Employees laid off skull be eligible for continuation of their parti0pation in applicable benefit programs per COBRA regulations. Employee premium payments shall be made on a monthly basis in aceprdartce with Human l esourccs policy, Laid off employees shall not accrue sick leave or vacation credits during any lull month of layoff, but shall retain all past nick leave accumulations for ,passible use Following recall from layoff`, and shall retain their service time for vacation .accumulation purposes foltowing recall. laid off employ s may he able tte continue their participation in ether benefit programs at their expense in accordance with the ternis established under the various benefit programs. laid off employees may continue on the payroll beyond the elate of layoff until all earned and accrued vacation and floating holidays benefits are exhausted or shall be paid all earned and accrued vacation and floating, holidays benefits on the normal. payelieck following their layoff date. Laid off ensployecs shall be given notice of vacancies basedupon their demonstrated abilities and Bast performance. Employees whu have not been rec:allcd to their former positions or placed in another appropriate position within tine (1) year from their date of layoff are no longer eligible for recall. Persians assigned to reduced workweeks in lieu of layoff shall have their salaries and bcnef is eligibil ity adrninistered on a prorated basis effective frurn the date of red ucti on. It is the responsibility of laid off e mpl+ayees to apprise their Supervisors and Human Resources Diviji as to their current address and telephone number sn that recall rsr other pIacc vent activities may be efficiently handled. An employee failing to do so enay be considered to have voluntarily terminated their position and forfeited his/her reuall or other placement options. 4. Recall Yfrom layoff - Any employee recalled rrorn layoff shall report for woke as soon as possible following the elate of recall notice: but no later than seven (7) calendar clays there from. An employee who fails to report forwork within the retell period shall be considered to have voluntarily terminated his/her employment. Exceptions to the work return requirernent may be made at the discrntion of the Director of Administrative Set -vices for medical or other compelling circumstances. In the event that other appropriate employment i.� offered by the. City,- to a laid cuff employeet the employee is obligated to accept such ertrployment in order to retain hisfher eniploymont status with the City, Refusal of such employment shall be considered to constitute a voluntary termination of employment. 36 R-uviscd Jaiaiary Zt 204-7 113 GRIEVANCE Policy - It is the policy of the City to provide till employees with a process to resolve workplace disagr m.ents relating to employee discipline, termination of employment, and workplace safety, The City hopes that arty disagreement can be resolved informally between the employee and their supervisor. However, if an informal resolution cannot be reached„ there each employee may on an individual basis file a formal grievance which will be revicwed by a number of levels of City management. The final teview for grievances that cannot be resolved is with the Oshkosh Common Council. "the filing of Fievance by an employee will not reflect unra-vorably on the ernployee's standing performancc, loyalty or desirability to the public service and shall be without f=- of reprisal. . Administration - The Director of AdMinistrative Services shall supervise and administer the gricvartcce proee5s, Supervisors, and Department Beads shall keep the Director of Administrative Services informed of all grievances in progress, 1, Definitions Grievance grievance. is a fdrrrial complaint regarding the application of City policies related to an individual employee's cUsuipline, termination of employment, or a dispute concerning workplace safety. The terms "disciptine," "termination of employment," and "workplace safety" referred to shall be limited to the definitions and scope specifically identified in this grievance policy, In order to process written grievances, the grievance angst contain all of the following: A ih+e name and position of the g6evant; a the elate the incident or alleged violation took place; • the issue involved-, a char and concise statement of the grievance; • the specific section of the Employee Ilandbcmk / City Policy Mauual or Workplace; Safety Rtilo alleged to have boen violated; • steps taken to informally resolve the issue and the results; • the relief sought or actions the employer is requested to lake; • the signature of the grievant and the date. Employce — all City ernploy'ees except those excluded by any state statute governing the. creation of this grievance proQedure. R. ployees recciving the benefits of this grievance policy shail not include employees subject to a collective bargaining agreement addressing employee discipline, fcrrninatien and workplace safety; statutorily appointed individuals identified specifically in state statutes as serving at the pleasure of all appointing authority; elected officials; and, independent contractors_ This policy shall not apply to police officers or fire personnel subiW to Section 62.13, Wisconsin ,statutes, relating to suspensions, reductions in tank, suspension and reduction in rank, or rcrnovaI. Workplace Safety — are these actions or inactions related to physical health and safety of employees enforceable under fed" ur state law, or City Policy relates] to: safety of the physical work environment, the safe operation of workplace equipment and tools, provision of protective equiprnwt, training and warning reclui urnents. The City policy applicable to this delinitiou is ,Section 307 of the City's Exnployee Handbook, Discipline — rne-ws rural reprimands (only where a wrtitten record of the reprimand is placed in the employee's file), written reprimands, suspensions and +dernotions. The definition of discipline does not include: • Performance reviews, work plans or corrective actions that do not include a reprimand or other adverse omploy€ ent action; • Suspension for investigative purposes; • Non -disciplinary wage, benefit or salary ,adjustments; or • Change in assignment, assignment location, or unsuccessful completion of an introductory period resulting in non -di scip] i nary wage, heme#it or salary adjustments. Tennin.ation — means action taken by the employer to terminate an individual's employment for misconduct or perforrnanrx reasons. The definition of termination does not include, • Layoffs or failure to be recalled from layoff; • Workforce reduction activities; ,lob traysfers, demotions, or feinstatera+wnts; ■ Action taken as a result of an employee's failure to meet the qualifications of the position; • Voluntary terrninatiun including without [imitation, quitting and resignation, • Job abandonment; ■ End of o nployment clue to disability; a Retirement; ■ Death; 38 RiMsed January Zt 20P • ncl of employment due to completion of temporary assignment; or, •� Termination of an at -will employee for other than rules violations, acts detrimental to the employer, or other acts. ofrniwonduet. 4. Grievance Procedure Step l - The grievance procedure may begin for any dispute which remains unresolved ,after informal efforts of both the ernployce and employer. Employees that are not satisfied with the results cif informal resolution efforts and are eligible to file a grievfulce may do sea in writing no later than rive (5) clays after the event. Written grievances shall he submitted to the, Director of Administrative Services in the form required by this policy. Toe Director of Administrative Services will then forward the grievance to the employee's immediate supervisor. The er ployee°s supervisor skull dis"s and review the: grievance in a manner the supervisor believes is most appropriate for the circuunstances arrd shall determine whether or not the actions taken, which are the subject of the grievance, were reasonable. The supervisor should provide to the employee a written response, report, anchor conclusions describing their resolution of the problem, or any unresolved issues, within five (5) days after the grievance was submitted to the Director of Administrative: Services. Step 2 - if the response or report of the employee's irnmizd.iate Supervisor is riot acceptable to the employee, then the employee may appeal the supervisor's response or report to the Department 14ea,d. The appeal to the Department Head roust be in writing, rnirst sett forth the masons for this further appal, and must be submitted to the Director of Administrative Services within live (5) clays after mceiving the supemisor's response / report, The Director of Administrative Services will forward the grievance appeal to the Department Head, The Departmeni Heed shall discuss and review Lhe grievance; appeal in a manner the Department Read believes is most appropriate for the circumstances and shall determine whether or not the actions taken, which are the subject of the grievance, were reasonable. The Department Head sliould provide tra the employee a writtc;n response, report, and/or conclusions describing their resolution of the problern, or any unre olved issues within live (5) days after the grievance appeal was submitted to the Director of Administrative Services. Step 3 - If the response or report of the errrplo ee's Depai-iment Head is not acceptable to the employee, then the employee may appeal the Department Head's response or report directly the Directory' of Administrative Service. The appeal tea the Director of Administrative Services roust be in writing, roust describe the facts artd circumstances surrounding their grievance and their app l of previous decisions of their supervisor and Department head, and be submitted within five (5) days after receiving the Deliartrnent /-/earl's report / response. The Director of Administrative Services shall discuss and review the grievance and its appeal in a manner. the Director of Administrative; Service, believes is most appropriate for the circumstances and shall determine whether or not the actions take -a, which arc the subject of the grievance;, wets reasonable. The Director of !administrative Services should provide to the employee a written response, report, and/or conclusions describing their resolution of the problem, or any unresolved issues, witfun five (5) days after they receive the grievance appeal, 39 Revised January 20?, Step 4 — If the response or report of the Director of Administrative Smices is -tot acceptable to the employee, then the employee may appeal the Director of Administrative Services' response or apart to an Impartial Hearing Officer (IH0). The appeal to the 11-10 must be in writing, roust describe the facts and circurwtances surrounding their grievance, and must be submitted to the City Manager within five (5) clays after receiving the Director of Administrative. Services' report I response. The 1140 will be designated by the City Manager at the sole discretion of the City Manager. Any casts inoun-ed by the 111 wi11 be paid by the City. The 1110 will ckmw—nu a hearing in the tm=t;r the 1H determines necessary according to the particular circumstances of each situation. `Phe 111 shall have the authority to administer oaths, issue-,ubpoenas at tlic request of the pFariics, and decide if a transcript is necessary. The II 10 may require the parties to submit grievance documents and witness lists in advance of the hearing to expedite the hearing. The 1HO's decision shall be leased upon whether or not a preponderance of the evidence indicates that the actions taken which aiv the subject of the grievanc e. were reasonable. In termination and discipline cases, the City shall have the burden of proving that the ac.tiions taken were reawnahle. In workplace safety cases, the employee shall have the burden of proving that the actions, or inactions, taken were Unzeasonabie. The 1HO may request oral or voitten arguments and replies. The 1140 shall provide the parties a written decision in a timely manucr; which in i-no9t cases will not excr-ed thirty (30) days. The THO shall have the discretion to take all necessary action, and make all necessary orders, related to the grievance up to and including dismissal of the grievance for failure to comply with the rules of this policy rar the 11-10's rules. 1140's may only consider the matters presented in the initial grievance filed by the urnployc:. The IHO shall have no pea wer to add to subtract from or modify the terms of the City policy or rule that fauns the basis for the grievance. The report l re: panne of an immediate supervisor, Depart .►ent Head, or Director of Administrative Services may be relevant to the 1HO proceeding for, procedural purposes, but shall not be conclusive or binding upon the 11-10's final determ i nation. If the IHO is unwilling or unable to serve at any time daring the process the City Manager shall designate a new MO. Stela 5 - Either the employee or the. City, or both, may appeal the final delermination of the II10, either in whole or in }cart, to tlrc Oshkosh Cornmon Council. The appeal to the Common Council must be in writing, must describe the facts and circumstances surrounding their ,grievance and their appeaa of the IHO's firial de€e:rmination, and. Inc submitted to the City Manager within ten (10) days after a°eceiving the 11-10's final dctermination, The City Council shall begin its review (he grievance appeal within thirty (30) days after it has been received by the City Manager. Common Council review will be conducted during a closed session meeting unless an open session is requested by the employ=, or when Borne or all of the grievance review is required by law to he held in an open session. The Common Council involvement in the grievance, process shall be for the purpose of reviewing the IHO final decision and shall not be for the purpose of conducting a new hearing or a continuation of a previous hearing. Therefore, the Common Council will make its decision based upon the final written decision of the II-10 and any evidence collected during the I1-10 hearing prcx ess. 40 Revised January 2.02P Daring its review, the Common Council may, at its ale diwretion, accept oral and/or written statements from the [.grievant and from a representative of the City. However, no new testimony, records, or evidence shall be offered to, or accepted by, the Corninan Council. The Council may adjourn its review of the grievance as it deems appiopriate under the circumstanGos. The Gammon Co:unGii is responsible for deciding whether or not the 1140 decision is reasonable in light Df the information that was presented at the IHO's hearing. Because reasonable minds may came to different conclusions, the Common Council should not overturn an 111.0 decision simply becarige they may have reached a difTerent nulu.4ion. IHO decisions may be overturned if it appears that material rules or laws were not followed, or if it appears that the IFitl final decision was arbitrary -Lrid capricious. The Common Council may make a decision despite recognized IHO enors or oinissions if they are not material err, it they are material, that they do not affect the final outcerne. A simple majority vote of the City Council membership shall decide the appeal within twenty (0) days following the last session sc hoduled for review. The Common Council will issue a final written decision signed by those approviag the decision which will include statemeas indicating either that the IHO final decision is affirmed, or that the IHO decision did not fallow material riles or laws and therefore is reversed, or the 1110 decisioni is arbitrary and capricious and therefore is reversed. The Common Council's written decision shalf be binding on all parties. 5. Ike resentation — A grievant may be accompanied by a representative throughout the grievance process. The representative may be an attorney or non-att-onicy. The cost of any representative, and all of the ,grievant's costs associated with the grievance procedure, shall be at the greivant's sole cast regardless of the outcome of the grievance. The grievant's right to a representative shall not impede the kiniely and of uient resolution of the grievance process, 6, Time - A grievance: will be processed according to the established limelines. Except for decisions and deterininations required of the IHO and Common Council, in those instances when a report. P response, of the crnpinyer is not provided within the timefrarne noted, the grievance is caonsiduiod denied. A grievant may advance a grievance to the next step if a rep0rl f reslsnllse iS 1101 presvided by the City within the designated tirmetraine:s, A grievant shall nut tile, udva ace, or appeal a grievance outside of the designated tirneframes. Failure of the grievant to fullow the titnelines and other iequirernents in this policy shall result in the IHO and/or Common Council not having jiu-indiction over this matter and shall terminate the grievance procedure for the grievant. However, an extension of time can be made in writing by agreement of both parties, For purposes of this : cticn, lime limits are defined as weekdays, excluding City recognized holidays. The time limits within Whi.011 an action is to be takers under this grievance procure shall be cornputed by excluding the first clay and including the last clay. 7. Legal Action - Regardless of the terms of this grievance pulic , employees shall at all tunes retain all rights, protections, and procedures granted by federal and state laws, Nothing in this section shall abrogate any Iegal means of redress to the courts available to all employ"-s. 43 Revised January 202t 114 8. Exclusive Rum dv r 'Mir, procedure constitutes the exclusive process for the redre&-; of any employee grievances as definW herein. However, nothing in this grievance procedure shall prevent any employee from communicating with the City their mmeerns regarding mailers which are either not subject to the grievance prmedure or where the employee does not wish to pursue the formal grievance procedure. Matters net subject to tlic grievance procedure that air, raised by ernplo ee-s shall be considered, and potentially acted upon, by City administration which retains final authority regw-dingy, wiy necessary procedures and conclusions, subject to any applicable City policy or dircctive, to resolve the rnaltol. RF,CORDS & TIUNSACTIONSMANAGEMENT l'u - Personnel records are essential to provide factual data about an. individual's employment with the City, Iri addition to meeting a variety of legal requirements, they aIso service as a basis to evaluate qualifications for gro$notiun car transfer; to determine the status, eligibility, rights and bonerts of ernployees Linder pertinent regulations and serve to support caller rnatnagenient decisions. 2. Responsibility & Authority a. Comman Council - 'rhe Oshkosh Common Council with City Manager r+ orninendatio shall approve new positions and grade changes through the annual budget process. b� City Manager - The City Manager, with recommendation from the director of Administrative Services, shall approve all status changes, reallocation of existing positions, donations and dismissal actions. c. Director of Administrative Services - The Director of Administrative Services shall: i. Establish, maintain and coordinate personnel transactions and records for all city crnployees. ii. Maintain a central personnel file for each city employee showing name, addres a title, salary, changes in status, performance evaluation, cumulative varajioijr, sick leave and such other peitinent information necessary for etfiective personnel administration and fur compliance with State and Federal law. iii. Advise and assist Department Ileads and the City Mariager on all City perstmntl transactions, records and system procedures. iv. Notify the payrol l €mice of all rnatters affecting payroll changes, d. Depm- trnent Heads -Department beads or their designated Supervisors sha.11: Initiate said procQss tr=sactions that affect their employees using; farms provided by the Director of Administrative Services. 42 Rcviscd 3atkuEtry 202047 ii. Maintain a record of each employee's, compensatory thne, ifany, to justify time cuff ftnm work _ iii. Promptly notify the Dircctor of Administrative Services of all changes in personnel infbmiation affecting records and payroll, including change of address or dependency, leave of absence or other pertinent information. e. Payroll Coordinator and Bu ncrits Coordinator - The Payroll Coordinator shall execute payroll deductions and convert personnel transactions as necessary to affect payroll records, The Benefits Coordinator shall maintain cumulative records of insurance, benefits and other information necessary for efficient benefit administration. f. Employees - All employees shall be responsible for notifying their supervisor and t l urnaui Resourets Offi of any changes which of ct their employment or benefit status, such as name, address, telephone number, rnaritaI status, number of dependents, and insurance coverage. 3. Security of records - access to personnel and payroll records is limited to those eniployees who utilize official records in order to perform their assigned duties. Other people who are authorized access should obtain the records from those assigned responsibility for their maintenance. 4. Public Inspection - Information is available for public inspet;tion in accordance with the procedures prescribed by the Director of Administrative Services, subject to State and federal law governing open re orris. 5. Destnrct"r_on of Records - Applications for employment, examinations, payroll and other records shall be kept at the discretion of the Director of Administrative Services subject to State and Federal laws, 6, Reparts - The Director of Administrative Services shall provide the City Manager and the t_.onunon Coimcil with reports and infonnation relating to personne[ inatters upon request or as appropriate. 115 TRAINING & DEVELOPMENT 1, Feu, pose - To provide urganiy-ed training programs for the pUrposc of increasing the knowledge, proficiency, ability and skills of public employees in order to keep personnel abreast of current developments in their occupational fields and improve the quality of service to the City, 2. Director of' Administrative Services - 'Fhe Director of Administrative Service,-, shall be responsible for development., administration and coordination of employee training and development. 'the Director shall: a_ analyze and evaluate the overall needs for employee training and development of crnployees within the City and discuss such needs with Department Hems. 43 Revised January 20204-7 b. Patch identified needs with available training resources. c, Assure that employees receive opportunity to participate in training programs being offered and are property encouraged to do so, d. Properly credit each employee's personnel record upon successful completion of training and development activities to assure maximuni consideration for transfers and promotions, c. Assure that progratns are awanged at times that are available and do not unduly interrupt City operations. f. Remain current on training opportunities available. 3, Depgggment HI ad - Department Heads shall provide active leadership in training and development of employees under their supervision and shall: a, Sugge+zt to the Director of Administrative Sorrvices any particular training that would be helpful to employees in their department. la. C. ), aperale witK the Directw of Administrative Services in organizing programs and encouraging employees to attend training sessions. c. Assist in as sing the effectiveness of employee training pvograms and make recommendations for improvements and moditi cations, d. Grant ernployces std'l'ici.ent time to participate in training programs provided that such participadon does not unduly interferre with the necessary operations of the department. e, Grant employees reasonable linie, if required during working flours, to register at a school of instruction. 4, In Service Training - Sorne departments of the City require in-service training. Such training will be supervised by individuals assigned that responsibility in the department. 5,-Cmduntials — The City will rjav for trainine to nmin(Lin Bola required credentials, certifications, or licensures, as funding; allows. 6. New Employee Orientation - The Director of Administralive Services shall provide a prograin outlined to orient new employees to the City work force. a. Dirr,—Uor of Administrative Set -vices - On the; first clad+ of employment or as soon as possible during the first pay period, new employees will meet with the Director of Administrative Services or designee who shall advise them in regard to hours of work, fringe benefits, pay and pay periods, city rules, privileges and responsibilities. All required fortes such as tax withholding, insurance enrollments, etc, shall be completed and signed. All relevant descriptive literature shall be iwrnished. 44 Revised January 0204•7 b. Supervisor - The supervisor, shall orient each new eniployee to th.� jQh and work site. Such orientation shall include introductions to fellow workers, work standards, safety regulations, break periods, supplies, etc, 116 EXIT INTERVIEWS 1. Puq)ose -An exit interview i-, used to gain insight into the effectiveTiess of City personnel and managerial practices, to detcrini-ne where personnel policies and procedures are in possible need of review or revision, and to determine where supervisory or managerial practices need modification or improvement. 2. Exit Interview - At the discrednri of the Diredor of Admini.sftalive Services car an exit interview may be conducted with an crnpioyce who is leaving City employment regardless of length of service, position at circumstances of separation, a. The Director of Administrative Services for may conduct interviews with traployees leaving City service to determine if separation is in any way related to personnel practices, poor supervision, iuisunderstanding, or for persunal reason. b. Department Heads shall notify the Director of Administrative Services or dc,signqp). as soon as they learn that one of their employees is leaving. Should the 11hr.ctor of Administrative Services (or designee) request an exit interview, the Director (or designee) shall then schedule a time and a place for the interview which nom-ially would be close to the Qmployee's last day of work. 3. Return of City Equipment - Employees leaving employment must return City keys, tools, iderifification and equipment on or buffire their last day of work. 200 HUNGE BENEFITS All persons employed in qualified regular positions shall be eligible to participate in the City's Fringe Benefit Programs. Additional information on the benefits listed in sections 201 through 224 is available is the Benefits Office. 201 / 202 ROTH II A / DEFERRED COMPENSATION Under these programs, an employee may designate a portion of his/her incorne to be deposited into a special invesftnent account for use in fature years, These programs offer certain tax advantages to participants. Further information is available through the Bcnetits Office- 203 DIRECT DEPOSIT All newly hired regular fall -tine and parwirne, employees shall participate in the direct deposit payroll systcrn, This system automatically deposits payroll checks into a financial institution of the employee's choice. 45 Revised January 2020+7 204 EMPLOYEE ASSISTANCE PROGRAM (PAP The City provides are employee assistance program to its employees and their family members. EAP provides confidential, quality servic;e5 to help ernployees and their families successfully meet home and workplace challenges. EAP is conunitted to enhancing the well-being and quality of life of the diverse populatiomi addressing Oic full spectrum of family and workplace! rrocda. An employee may access EAP through supervisor referral, or through emplpyee self -referral. Employees, or their family nleirnburs, who contact EAP, can do so with complete confidentiality. Only aggregate statistics are shared with the employer, In no case will the use of this prograt itself have an adverse impact on an employe-c's job or future chances for advance mea For contact information, employees should ask their supervisor or contact Human Resources Vie. 205 FAMILY AND MEDICAL LEAVE ACT (FMLA) The City cif' Oshkosh complies with the requirements of the Federal and Wisconsin Family and Medical Leave Acts, and any amendments thereto. QualiLying Event% - FMLA is for are employee's own serious health condition; to care for a parent, son or daughter, or spouse with a serious health condition; or for birth, adaption, or faster care placerment, or for a qualifying exigency related to active military duty, In no event will an employee be entitled to more Federal anchor slates family or rnrriical leave than the maximu n number of weeks provided for in one calendar year by Federal or Mate FMI.A statutes. . Eli ibility - "ro be eligible for leave under the Federal FMLA, an employee must have been employed by the Cvily for at least tweIv (12) months and must have; worked at Icast 1,250 hours during the twelve-month period immediately preceding the commencement of the requested leave, Tu be eligible fk leave under the Wisconsin IIIVILA, an cmplo ec nurse have Been employed for rnorr, than 52 consecutive weeks and have worked or been paid for at least 1,000 hours in the preceditig 52 weeks. The kind and amount of leave available under thk Policy, as well as rights daring leave., depend upon whether the above regUiremcnts are satisfied. 27—Resources — Contact Human Resources for further infin nation including the policy_ja aprol ic.ation ram: 3. 206 FUNERAL LEAVE All regular employem shall be allowed Lip to three (3) work days eoff with pay nee;cssary for attending funerals for death in the immediate: family_�spouse, children, step -children, parents, step-parents, .simer, brother, step -brother, step -sister, mother in-law, father in -lave, sister in-law, brother in-law, son in-law, daughter in-law, grandparents, grandchildren, legal guaxdian, htdf- brother, and half-sister), The employee will be paid for scheduled time gaff from the day of death up to and including the clay after the funeral but. not to exceed three: schedUlod work days at the ��r omployee's regular straight time hourly rate. No funeral leave will be paid to any employee without dcacumentation, while on sick leave, layoff, or any leave of absence and funeral leave will not be count toward the calculation of time worked for ovetlime purposes. 07 DENTAL, HEAUrIL, & VISION INSURANCE If the City contributes an amount per month toward the premium of the ply, this arnount is based on eligibility and shall be set and modified froze time to time by the City Manager. Specific benefits provided by this plan are explained in the a-nastcr Pplan Dciecurnent(s) which may be obtained in the Benefits Offi :e_ 1'remiurr�s are ll�ectcci 011e mouth ini advance Gf effective coverage, through payroll deductions. 1. Eli ibilit Benefit qli z�x bilij+_is_ outlined in the City of-0shko%h BQnetit F.lip,ibil ty document which rn2a lie obtained in the Benefiis Office or can the (Aly intranet 2. Commencement of +C=overag - New employees are admitted into Lhe plan based on the employee's date € r hire. If an employee is hired tm the 1st through 5th of the nnrznth, they are eligible on the lst of the month following the date of hire. If an employee is hired on the 61h thuxigh the end of the month, they are eligible on the 1st of the nionth, following .10 days of employment. 3. Te mination_ot'_C�s_v_ �e - City paid coverage ciontinues until the employee terminates employment or retires. City paid coverage continues until the last day of the calendar mor th after the month following the clay in which the last medical payroll dcduc:iian has been made, Detailed information can be found in the boaster -Pplan Ddooumcnt(s). 208 HOLIDAYS l4olidays. shall be ,ranted to regular active employces with lull pay, l niployees receive twelve (12) paid holidays per year, consisting of eight (8) recognized and four (4) floating holidays rin .Ian. 1*" each yearFloatin holidays are pro -rated upon hire and earmed throughout the year. The following are recognized as holidays: New Year's Day, Memorial Day, Independence Day, ILabor Day, Thanksgiving Day, the Day before Christmas, Christmas Day, and Spring holiday (the Friday before Easter). When any of the above holidays fall on a Sunday, the following Monday shall be deemed a holiday. When any of the above holidays fall on a Saturday the prey ous Friday shall be deemed a holiday, if holidays occur curl Friday and Saturday or Sunday and Monday then, Thursday and Friday or Monday and ~Tuesday are deemed [lie respective holidays, Holiday recognition changes do not apply to those operations that are scheduled for work 24 hours a day and 365 days a year. The use of floating holidays must be approved in advanc& by the ernployec's supervi ar, No cash payment or roll over from year to year shall be :made to erngloyces for floating holidays not taken. With the exception. of protective service, part-time, and seasonal employees, non-exempt employees required to work ou a recognized holiday small receive two (2) times their rate of hourly pay for hours worked in addition to the holiday pay. 47 Revised January 2G20- As a condition for payment of holiday pay, every erployee small report for work on the scheduled work day before and after the recognized holiday unless such employee is on an approved form of leave and is utilizing accrued paid timo off before and after the reco n� imd lir�l�. 209 UNC~OME C ON'll'INUA.° ON INSURANCE E (10) ICI is an income replacement plan that replaces up to seventy-five (75) percent of an employee's gross salary (to a maximum of $4,000 per month) if the employee is unable to work because of non -wort related sickness or injury. `Me plan is not a guarantee of employment. The plan provides replacement income for disabilities that are considerud short term in rnaitu t, as well as those that may last for extended periods after employees exhaust all accrued paid leave time. The City will pay the prcmiurn for the 180 day elimination (waiting) periud. Employees may select a shorter elimination {waiting} period -of 30, 60, 90, or 120 days. If employees desire a sholler elimination period, they are required to pay the nceessmy additional premium. Employees must e0aust all accrirnulated compensatory time, vacation days and sick time h6gre hecomin. eli.vible to receive benctits 10 ,IllRV DUTY Durin,g any period of jury service, the employee will receive full pay from the City. Ail cornp, n,;ation received by Elie employee far jury duty rmist however be reimbursed to the City. When the employee is not actually assigned to a case or is released early, helshe will be expected to report to their regular job. No avertirne will he allowed ferjury duty and jury duty will not lx-, counted toward the caleulatian of time worked for overtime purposes. A leave of absence without pay May4�a4 be granted an employee upon request when he/she has to appear under ,ubpoena or in his/her own behalfiit litigation involving porsonal or private matters. Should any City employee be subpoenaed in matteiN relating to one's duties as a City employee, the employee shall receive full Tray frorn the City, All cornpertsation (witness fees, etc,} for Court appearances shall be turned over to the City. 211 LEAVE OF ABSENCE Leaves of absence ;AA!haut pay sliall he granted to employees for a justifiable masnrr, and when in the interest of the City. Application for such leave shall be made in advance by applying to the Department Head (with final approval also required by the Director of Administrative Services), stating the period of the leave and reason for same. Disposition of such requests, except for legally mandated leaves such as military leave or I`MLA, will be mach: on the basis of staffing requirements of the ernployer, At expiration of the leave--without-pay, the ernplo ce shall be reinstated in the position which is vacated or iii an equivalent position which is vacant if h+eAhe meets the stated qualifications. Leaves of absence i#beut" shall not constitute a break in service. Additionally, ernployees who are on an leave without pay do not. accrue paid time off during their unpaid leave 48 R.cvised January 2020+7 or any other ben ulit% r+e.lated to time worked. Except as Wally l y tnandatedfer- rix r�� ; 748—& �� , a leave without_navef p �� �,— absenee shrill not be granted unless an employee has exhausted all accumulated, ramponsatory time, vacation days, fleafing Widays,and sick leave when applicable. Ca return to work at an earlier date than scheduled may be arranged by the supervisor and employee. With the exception of .fury Duty and Military Leave, crnployees on leave of absenue, fnim the City may not be employed clst where without the permission of the Department I -lead. If an employee is unable to return on the scheduled date, he 1 she may sktbmit a written request for extension of their leave of absence, subject to approval. of the Director of Adrninisttative Services or City Manager. If on the date following the expiration of the leave of absence, the employee has not returned to work and no extension was granted, the employee shall be considered to have resigned from City employment, 1. Unauthorized Absence - `here are circ instance-s that could rNuire an Unauthorized absence and clue: uonsideration will be given to each case. However, an ernployce who is absent from duty without approval shall receive no pay for the duration of the absence, shall be sub ic t to disciplinary action which may include dismissal and/or may be subject to the job abandonment provisions {if this handbook. 2. Training Leave — L.rnployccs may be granted leave of absence front their regular duties with pay to attend }professional conferences, pm-ticipate in training comes and ;sessions that .are specific to their work. Such leave with pay may be granted provided the employee is not being compensated by any other sourez during the period of absence. Travel expenses, lodging, conference fees, tuition and similar expenses, incurred during such leave may be paid in whole or part by the My, subject to available appropriations and City policy, and providing such fees are riot paid by other sources. All administrative leaves must be approved in advance by the cntployCe's sripervisor. Those leaves that involve an overnight May rnut;t be approved by the employee's Departmem Aoad, the Finance Director, and the City Manager. 212 LIFE INSURANCE Qualifying employees are eligible for group term life insurance with the option to purchase additlonal and supplemental coverage totaling up to five #a c.5 their Wreportable eamiligs. Bfisic and Supplemental each provide coverage for one year of WRS reportable eaminpY rounded up to the next thousand. Additional provides coverage for up to three years of WRS reportable earnings rounded up to the next ihousand. Spouse and dQpendent coverage is also available for purchase. 49 Revised Janumy 20204-7 1. Enrollment - Employees migisliotiM enroll in44F group life insurance within 30 days of hire.immediately Failure to den see will require the employee to apply for life insurance through medical evidence of insurability. 2. PaMent - The City shall pay the full premium of the basic group life insurance policy for employees. 3. AAA - At age sixty-five (65), regardless if the cmployoe is active or retired, coverage will reduce to seventy-five (75) percent of the face value. At age 66, coverage reduce--s to fifty (50) percent. From. age: sixty ---seven (67), the paid -up policy amounts to twenty-five (25) percent of the policy's face value. The policy amount remains at twenty-five (25) percent Chn, rernaindesr of lifer. 213 MILITARY SERVICE Active Duty - All a-egrular City of Oshkosh employees who are called to active military duty will be placed on a "leave without payfa :status, When [lie .assigTkrnent with the military is complete, empin cc*s will be reinstated to their former position, or in some cases a. comparabic position, providing they are capable of doing the job, and they notify Ow -Human Resow-cesDivisin of their intent to return to work after discharge from military duty. Failure to notify Human i esnurces tea of the: employee's intention to return to work after discharge front the service, within time limits spe,.cificd by Uniformed Services Employment and RomipIoyment Fights Act (U ERRA), shall be considered a termination of the employee's employment. Employees will alsa rennin their pay level, unused leave; balances, length cif service status, and any salary adjustments that may have occurred while they were on active duty. I.e;ave balances will not accrue: awhile employees are on military leave. a. Requesting Leave - Unless notice is impossible, errnployees called to acave duty 11111st tC(JUcst a leave of absence from their Depaitme nt head in dating. The request Nhould indicate the date of departure and expected return date (if known). Finally a copy of the .formal military orders associated with the absence should also accompany the request. tar. Leave Approval - Leave is approved when written approval is provided fro nn the requesting ernployee's Depw-trnent Head. A copy of this approval is sent to 440 Human Resources Offi by the Department Hamd to initiate status changes. e,Re[iivment Credit while~ on Learn - The City will continue to comply with the Wisconsin Retirement System I RS) mpityments as outlined 4n the Wisconsin Retirement Systcm Administration Manual. nual. Contact the Benefits Office prior to a leave of absence to ensure the mquire=d pgI)erwork k complet2d. a ��� Wi.-Reefl irat-s s 5ar�eir+ � l'1'�3r�oe.,-sEi'FCI:i'lifiY l u' r .a .t .z 's ik +ci L' � a'azl3Fi f El#}Fl trra -nr#E+ '# *{If;� ti-i lust do th so Revised Jarivaryr 202 �1-t�- 1-tlttt+-tit;-rat 0— 4 re-41 it 180 days efduty. e!,.,... to , er. .:f1 i 90 .ieys aftei, d. Health Insurance while on Military -Heave - COBRA law provi&s erployees with the option of continuing their health insurance, at their own expense, for 24 months beyond their call to active duty, The military does provide health insurancc coverage to its rri=hers and their families through TRIC:ARE, the Defense Department's regional managed health care program, e. Life Insurance while on Leave #44irtrrota-Mwua4—Th.c Wisconsin public f'rrip1 yers Group life Insurance PT-Orant allows ernpIcym to +contimie their life insurance coverage, at their own expense, for up to 36 months beyond their call to active duty, All levels of coverage would be honored- in the event of tl}e employee's death during military action, with the exception of the Accidental Death, Disrnembennent and Loss of Use coverage, which is not payabie when the cause of death is due to any act of war, declared or undeclared, In the event that employees decide not to extend their life insurance, or employees do but their leave extends beyond 36 rr9. ahs, employees may ru-enroll within 30 days of their return to work. f. Disability insurance while can Leave If ernployeas are enrollee- under the disability insurance policy at the tirne of departure:, their coverage will end the last day of the morab following the month they am called to active duty. Employees may re -enroll in the disability benefit upon their return to work for the City. 2. Military Reserve Leave - A permanent -umpiuyee who is a member of any United States Military Deserve or the NationQl Guard and who is required to undergo a tomporary ainergency duty or annual field training shell be granted- a leave of ahsen a without pay. The Director of Administrative Services shall be notified in advance of the starting date of r guIar training and irnmedliately uNn receipt of notice of emergency service. 214 RETIREMENT The City of Oshkosh currently participates its a retirement plan known as the Wisconsin Re.timment System ( ) which is administered by the Department of Ernpioyee Trust Funds. The employer shall pay to the retirement fund the statutorily required amount designated by the 51 Revised January 2G204-7 fund. A WRS ernployc;e benefit handbook explaining, the program in detail is available in the Benefits Office. 215 SECTIO 125-FLEXIBLE BENEFIT PLAN The Flexihlie Benefit flan is a lamgrani that was enacted by Congress in 1978 and is ripen to regular City employees. The plan allows employees to pay for certain expenses using pre-tax dollars, FFmplcoyees deduct mo5ics from their paycheck before federal, state, Social Security and Medicare takes are calculated. The monics are withheld franl each pa cheek in equal installnicnts and ivinibursed once an employee shrews proof that the service was rendered. `bits plan allows two separate categories of expenses to be clairned up to annual maximums. The categories ate. Dependent Cam Reimbursement; and Medical Reimbursement. 216 SEPARATION PAY When aregular part -tide or hill -Lime employee separates employment with the City, he/she shall be paid for any unused carved vacation, Hooting holiday, or compensatory Liimc which had been earned prior to the date of separation consistent with ether policies in this employee handbook. 217 SICK LEAVE Sick leave should be regarded by all employees as valuable, health and welfare insurance which, in the best interest of all eniployees, should not he used unless needed, Sick leave is not a "right" it is a privilege; to be used carefully. Employees requesting sick leave shall do set in a ordance with departarient policy. l . Accurnulation _. All employees shall accumulate sick leave with pay benefits at the rate of one (1) clay for each rnoazth of completed service., New FLEA exempt employees may be advanced a sick leave amount, upon hire. If this benefit is negotiated as a carldition of employment, armuini latiun will not uce-ur until corresponding months of employment have elapsed. Any time used in excess of this accumulation s hedWe will be deducted From an eiYlptoyee5s pay upon termination. Employees on a leave without pay der not accrue paid time off during their unpaid leave and are subject to sick leave: adjustment as rr arneii. 2. Reyortirt8 - Absences to be covered by this provision shall be repGrted to the Department I -lead or other designatod employee pricer to the scheduled starting; tinic for work, except in case ofemergencya 3. Flo-yee - An employee may .apply for sick leave with pay for absences necessitated by injury or illness to the employee. Sick leave may also be used for employee doctor or dental appointments that cannot be scheduled other than during the employee's word clay. t least three (3) day-s notice shE l be; required to apply for the leave for doctor or• dental appointment's which are subject to the approvat of the supervisor for scheduling. 4. S pouse/Depondeu - Up to rive (5) days of an employee's sick leave accumulation may be used per year for illness; injury, doctor and dental appointments of the employee's 52; Rtovi9cd Jamary 20204-7 %pause or dependent children that cannot be scheduled ether than during the employee's work day. At lust three (3) work days notice shall be required to apply for leave for doctor and den(al appointments which is subjee# to the approval of the employee's supervisor for scheduling♦ 5. Doctor Certification - Upon request, or illness/injury absenting an eniplo ce for- FaaF #fit three (3) or more co nseeutive days, c-mployees shall submit a doctor's certificate for such absance. The certificate must state the bind and nature of sickness or inJury and whether the employee has bean incapacitated for said period of absence. r, �Ick_ L.eovaAbuse — Employees suspected of abusing sick leave privile ge�y he regwired to submit a medical certificate to sub%t,antiato each absence, of clairned illntc ss rre bless cif" dUrati0TI. With fle CXQeption of item . listed above, this mquirement will net be invoked without i first advising the crrlpinyce of his cttlestionable sick leave record and pi+v ng h% lIq]- an opportuntly to 111I.Prove. If there is no improvement, the employee will be advisers in wri ( iRg,. that all future retitiests for sick leave must be sup. Poiled by a medical certificate. This requirement will be periodically reviewed with the employee, al least once each ninety (9G) days, wid determination will be made, if this requircanent is to continue. Employees shall he given written nrotificatiori as to their statu ._within seven (71 calei] da.r days of this review I', Unused Accumulation - ll'nused sick leave shall accuniulate without limit aril be paid ou in accordance with the .tionN specified in this section unless other collective bargaining agreements apply to the contrary or do not provide these options Unused accumulawd sick leave up to 150 days shall be paid to employees who die in service or retire on an imme&ate Wiscomin Retirement System annuity, at one-half the employee's pay rate in effect at the time he/she retires or dies. As another conriplete and separate option, subject to etiteria previously outlined. employees may cliDcrse to have their entire sick leave paxqut placed into their 457 account prior to retirement sILbli=.c.E to IRS contribution limits and nines. regulations and requirements of the 457 plan)_ In such ease an ,employee who has achieved_ RS retirement eligibility will &L rreguired to place one third of their acc:umillated sickleaveptiyQclt based on sick leave balance as of date cif' ele tion) into their 457 _accouunt for no more than three (3) separate years. The sick leave will be paid at the employee's rage, iii effect the time the deposit is made. Cayce this option is.exej(eisecl. it shall be irrevocable, unless otherwise directed by the Director ol'Adlninistrative Smiees (sir designee). Employees receiving a WRS annuity during employment with the City of Oshkosh are not eligible for cithertW payout optic 1penion of tWQ henef:'. 8, Overkitrle Eli ibility Sick leave: will not be ccwtitcd toward the calculation of time worked for overtime purposes_ 218 SOCILALSECURITY 53 Roviscd January 202D4-7 For those employees to which social security applies, the City pays the IRS required FICA arnotint on. covered cornpens€itiou up to the IRS maximum wage I:)ase limit, and the City pays the I RS required arnraunt with no wage base limit for Medicare. 219 UNEMPLOYMENT +C.C}14fi1}E1 SAII N City anipluyrnent is covered by Wisconsin Unernployrnent Compensation Laws. Under provision of that law, employees who lose their jobs through no fault of their own may receive limited financial allowances (Unempluymerrt Compensation) during, the period they are out of work and seeking enaployllrent. 220 LlNlf+[]!tl'rrl AND SAFETY REOUI1iED F OTWAIRE ALLOWANCE The City will pair the cost of uniforms for those employees iviluired to vicar a uniform. The Police Chief, Deputy Police Chief, Fire Chief, and Assistant fire. Chief shall receive are annual uniform or uniform allowance based on the allowance given to subordinate personnel as stated in the respective Police and Fire department wilec:tive bargaining agreements. As fundiag allows, employees will be reimbursed by the Employer for the cost of City -required safety -toed footwear up to $100 per year. Shoes or trouts purchased must tweet A TM F 2413-05 or ANSI -41 approved class 75 rating in order to be approved for reimbursement. Electrician and Lleetrician-type jobs will €ardy be reimbcerseci for shueslboots that aie electrical hazard rated, 221 VACATION All regular full-time ernployees shall be entitled to a vacation and shall earn annual vacations with pay as follows: Employees with continuous years of service annually earn, 1)pon l hreA fter 1 yearr - 10 days (prorated 1' year based on hire date) After S years - 15 clays Amer 10 years - 20 days After 18 yews - 25 days. After 25 gears - 28 clays 1, New Hires - eciTzu�~�i�: tr�rt-t�tl length-rf-servi Upon him, Rprorated Vaeatian1111.9wable immidff Pirsskull be calculated and provided based on the employee's date crrhire. As ol'januaKy 1, fcallpwint� the year ofhin+ , 1 mployccs shall receive tltc: lull vacation allotrnent. 54 Revised January 2020-p tll?Tior Servicel'68A emfiv! — SuNect to final approval by the City Manager, the Di for Hof Administrative Services or his or her designee mayiliiA consider an employee's prior relevant experience in dete=ining their proper vaeafiun hedulc. 2-3.Larned/Uscd - Employecs shall have earned said vacation as of January 1 of each year and said vacation must be taken in the calendar year fulluwing the year in which it was earned. 1-A.Accumuladon - No vacation shall be permiLled to accumulate from one year to the next unless by direction of the employee's supervisor, the Pniployee was requested to delay taking a vacation and was unable to reschedule it within the calendar year. In such instances, the supervisor shall inforni the Dire or of Administrative Serviom in writing of th� circumstances and request waiver of the policy. 46.Segaralion - Upon separation, an cmployce shall be- paid for the i.jrku.�42d [Y)rtion ofhis/her accrued vacation credits. In the event of separation prior to comglction of one (1) year of service, no unearned vacation shall be paid. -5-6.Recognized Holid - Charges against vacation ercdits shall be made only to those days on which an employer, norTWly works. If ia recognized holiday falls within the vacafion period, the holiday shall not he charged against vacation. 7, Ain rpvad - Ilse of vacation time must be approved in advance by the ornployee's supervisor. The vacation schedWes shall give consideration to the efficient Operation of the Department,- U41-1; lhk-- eheepiiane FafRily 14"eal Leaye; ilf an employee has been on Wkxave- Of ah-seiwek-a 41-1-ithout pay, layoff or receiving worker's compensation for an un- tht-job injury exceeding thirty days during the period used to determine the employee's annual earned vacal it) n, he/she shall receive a cormspmid i rig pro rated vacation al loi,-atien. 6-,- 222 VOTING Employees arc: entitled to vote at an election and be absent from work while the polls ate open for a period not to exceed 3 succcssive hours to vote, Hniployees shall iiotiry their superviNar before: the cloction day of the intended absence. The employer may designate the time of day for the absence, Employees may accrued tium for their absence, 223 WOI;UKER'S COMPENSATION AE employees are expected to conduct themselves in such a manner that they do not cause i nj Ury to themselves or others, If an injury does occur dwing working hours, an employee shall: 55 Revi,wd ktnuaiy 207P-P -3:l.R.eperrtiug - Immediately report such initiry try his/her supmisor and, if the injury requires medical attention, the employees supervisor must complete the "First Report (if Injury or Illness Form" which is available on the City's intranet or through the Safety & Disk Management Offlic -er.. -a.Payanents - Payments to hospital, doctor and to employee: rur lost time. shall be made in accordance with the Worker's Cornprmsation Act of Wisconsin. 3.Sick Leave - J.,Anployees may choose to use accumulated sick leave for any lust work- days, due to job related injury, to augment Worker's Compensation or for arry days not payable under that lake. 4. Updates _ Employees receiving Worker•'% Compensation: shall be inquired to keep the department and the Safety & Risk Management f ieer informed of their condition and, at the discretion of the Director of Admiu,istrative Services, may be required to furnish a physician's certificate upon request or prior to returning to work. 224 TOOL REPLACEMENT The City will provide a tool allowance, as funding allows, fcsr neplacenIerti of }personal broken tools (not lost teals) resulting from work perfornied by rmceharnc-s in transit, central garage, and the: parks division. Mechanics cs will be required to present (he broken tool to their supervisor so he/she can authorir&e mimbursement. 300 CUSTOMER SERVICE 1. Purpose and General l oILCy — Custorner service is a key componcnt -of the prablic trust. I.1'rnployees have a special responsibility to provide exemplary customer service. Every time kin employee deals with a mernber of the citizenry (customers) they should remember that they are the City's representatives. Every customer who registers a complaint, or is in -reed of assistance, :should expect to be provided with prompt, respectful, and courteous service. 2. Admini straticn of Custorner Service — The quality of City services has a major impact can our customer's attitude toward the City of Oshkosh. When employees view each customer czotttact as the beginning of a long-term relationship, employeos- resolve customer complaints in a timely fashion, and when tlLey consistently provide quality service to the customer, employees are building custoiner relations and therefore a positive customer attitude toward the City of Oshkosh as a service provider. 3. Teamwork in Customer Service — When employees interact with customers, they are expoctcd to know as much as possible about the. City's services (or where to direct custorners for accurate information). Ouidelines are provided to assist employees in most Re'viscd 9anuary 20201q Situations, but there will be occasions when ernp] oyees must rely mi their best judgment. The City has confidence in employee's ability tG make the decision that will meet the customer's needs. Always feel free to ask supervisors oT`Deparlinent Heads for any assistance, particularly when dealing with diffwult custDmers or situations,- 4, Improving Customer Service — With the confidence the City has in nor employees ability to tnalce decisions that will meet customer needs, the City also has confidence in our employees ability to improve our customer service through ideas for iniprovetnanL. New id m are encouraged as to how sarvicc delivery and operational efficiency can be improved. "these ideas should be shared with other- teem mernbers, Supervisors', and Department Head so as to implement improvements as promptly as possible, 5. Public Trust — It is extremely important for customers to trust City of Oshkosh ornployees, in some cases, with their lives. As the city is fortunate to employ so rnmy caring individuals it is also a privilege to represent Oshkosh as a public employee. 30.1 PUBLIC SERVICE MISSION High moral and ethical standards among City of Oshkosh employces is essential. City employees should conduct themselves in a manner, which will reflect favorably upon the City and 511ow respect toward other e"nFloyees and the public. Each employee of the City or Oslikosh as a public servant is expected to deal with the public at all times in a prompt, polite and helpful manner. Fu[Fillr-nvnt of this requirement may mean occasional personal inconvenience. 302 DRESS AND PERSONAL APPEARANCE All employees arc to be appnopriate[y dressed and presented professionally far their job in accordance with department requirements as well as health and safety standards. In the event of any quesEon mg-arding the appropriateness of any particular style of clothing or personal appearance, the Department Hcad shall Triake the Final determination. 303 USE OF TELEPHONESICELL PHONES Employees are encouraged to avoid making or vec6ving penonal telephone "tills during working hours. In the event that a personal call is required, the conversation should be limited to five minutes or less. Department Heads shall ensure that proper payments are received for unauthorized personal telephone calls when appropriate. In the evert that it is moir, organizationally cost, effbUive for an FLSA exempt employee to use their coil phoric for work purposes rather than the vmploycr- receiving a work issued cell phone required for the proper execution of their duties, the City Manager may authorize the payment of an appropriate monthly stipend to such an employee iia order to Facilitate this savings for the organization and convenience of the employee, 'Phis option is only available with prior supervisory and Information Technology Pi viiii on approval. 57 kevisc d J nn Liary 20204-7 304 EMPLOYEE 1D NTIMCATION CARD The City of Oshkosh is corrniitted to providing a safe and secure environment far its employe and tiiosse who visit City Facilities. In ardor to maintain a safe quid secure environment for employees and visitors, and to ensure the public that individuals prxaviding services can behalf of the City are indeed City employees, all City of Oshkosh employees shall display all identification card while performing their . ob. ' his procedure will outline the mspansihiiity, identification card inrormation, rLquirements Bui- wear, new employee process and replacement and use ofemployee identification Care. 1. Resp r silailit qthc rit - The City Clerk's Office shall issue identification cards to all City ernplosy s and authorized volunteers, 2_ ld niific.ation Cards Info gnat on - The Identification cards shall have a picture, last and fiat game, department/divisirn and the City of Oshkosh logo can the front. The; backside of the Ids nd ication cards rm y contain employer information. 3. Requirements for Wean - Idonti f uatim cards. shall be issued to all City of Oshkosh employees, temporary employees, and authorized volunteet . Employees and authorized volunteers shall wear the identification card while performing duties as a City employee. There will be no alterations to ID Cards. Identnccation cards shall be worn irr a visible location on the front of their person or on their outermost ga ent. Supervisors mid/or Department Ileads ,shall ensure that their erroplayees are wearing the identification card. Police Department Cffiem are required to have the ID card on their person, available for viewing upon request. Depamxrerrt pleads, due to safety or uniform requirements, may also specifically authorize exceptions to this requirement Questions regarding an individual without a card in any work area should be directed to the supervisor of that $pecified work area. Each City building may utilize "Visitor lots". It is the responsibility of that department to assign the "visitoe' an ID and to have it returned upon their departure. If not returned the department will be charged $5,00 for repi4cement. 41 New l7,mp1gyee Identification Card Process - Full time or regular part time employees will be given their secure identification carol after new employee orientation, Temporary and sea;anal employees will be issued airon-secure ID. Non-employce-s inay be issued identification card on an apWiintrnent basis. Supervisom of volunWer� or temporary c4antract employees should c untact Hiunan Resources f4ffiee to initiate the process. New employees will ro mplete a City of Oshko h Employee Identification Card Inf€rrmation Sheet and have their photograph taken after employee orientation, A designated City Clerk employee will take the employee photograph, collect the ir-iformation sheet, and prods and print the employee identification card. The employee will be given his/her card after apprepriale processing. S. e igcc neat and Use - if an employee forgets hi dher identification cord, heishe may obtain a temporary € eparLment identification card to weer for that day. This .should be obtained through the employee's :supervisor.. F an employee misplaces his/her identification card., helshe may use the department temporary card for up to Dne, w= . 'ne employee shall immediately notify hisAer supervisor should any security acecss needs to be disabled. If the employee has not Iorated his/her card in one week, a new carol 58 .Rkwise+d January 2020,127 must be nhfained through the Purchasing Office. The issued replacernent card will cost the employee $5.00. Upon separation, all employees shall surrender their identification card to their supervisor or Flunian Resources. Employees should use his/her identification card for authorized City business and not allow another person to use his/her ideatification card for personal use. If an employee changes department/di vision or name, he or she must contact Human Resources to initiate the process for a new identification card. If' the idenGfication card is broken due to normal wear and 1= or is no longer operational, the employee should contact the Purelrasing Office for a replacement car 305 INFORM ATIONTEC] I NOLOGY POLICY ptimgS - To be effective, inforniation ,x--,curity must be a (earn effw involving the participation and support of every City of Oshkosh employee who deals with information and/or information systems. In recognition of the nc ed. for tearnwotk, this policy clarifies the responsibilities of users as well as the steps they must take to help protect City of Oshkosh information and information systems. This policy describes ways to prcveM and respond to a variety of threats including unauthoti7,ed access, disclosure, dupficafiGn, modification, diversion, destruction, loss, misuse, or thell of City inf6rrnation. A great deal of City of 08hkGsh's business is conducted with personal computers dedicated to a single user's activity. Protection of these personal computers and the information handled by these -systerns is an essential part cif doing business at City of Oshkosh. This policy applies whether personal computers air. stand-alone or connected to the network. Maintaining the integrity of information is essential to all of the work that the City of Oshko.-ih performs. As a result, information systems security has became a critical Factor in [lie City cif' Oshkosh's activities. In recognition of this fact, the —Information Tecbinalogy Diviaiefl (IT) acts as City of Oshkosh's focal point for all information systems issues. 2. I-nvDIved Vet -sons - Throughout this policy, the words "employee" or "user" will be used to collectively refer fo all such individuals- By hiOicr use of, or access to the City's personal computers, ir0bri-nation and data systems, and computer networks, the individual expressly agrees to abide by this poi -icy and to be subject to these provisions. 3. Involved Systems _ policy applies to all computer and telecommunication systerns owned by and/car adininisterod by the City of Oshkosh, 4. Privacy and Personal Use a. City of 0slikosh Property - Unless contrac(ual agreernunts dictate otherwise, all information stoir-d on or transmilled by City of Oshkosh computer and uornmunication systems (including, but not limited to e-mail syswnis, ln(ernot/ln(ranet access) are, City of Oshkosh property. To properly protect and manage this. property, City of Oshkosh management f eserves the right to examine all information stored in or transmitted by these systems, Employees have no guarantee of privacy associated with the information they store in or send through 59 Revised January 2020:P these systems, Sueb information is subject to applicable open records lays and records retention policies, and can be accessed during court pmoEedings, investigations, or open records requests. Because this information is City of Oshkosh property, users must not put it to use unless it has been explicitly approved by their Department Head ur designee and consistent with this policy. b� Information Inspection and Rei oval - At any time and without prior notice, City of Oshkosh management reserves tlte right to examine archived e-mail, personal file directories, hand disk drive films, and other infarmation used or stored on City of 0%.hkosh information systems. This examination is performedto assume compliance with internal policies, to support the perfarrnanee of internal investigations, and to assist with the management of City of Oshkosh information systems. In addition, the City retains the right to remove from its information systems any material that, in the ity's sale discretion, is viewed as offensive or potentially illegal, personal in nature or unrelated to City business. >_ Additional Details — Full details and. desigriptiom, of ciiy-xyidv, Information Technology policies and procedures can be found on tlrc Cite intranct, under Idle "Policies" :section or can be obtained from Inlorniation Technojogy (Irl') 4nd should be reviewed annually. nlr ele iT., _ _ . n-.Oi.on „Sleirv¢, .b: eMilptsnow..r+.r_sim ilart molegi@9""oCG'o efflilliIAL-fS OF �i�t �Uitti-idt3Fed-G- I' Tho 1 Hientiality of not be assufaed. All emai the-CA1Y_*_-�� to s�=-t -t , Ica;d yerr krilti{lesil, �'-t g, r-al— f—A ar the City:': a._ &4 Ge Revised January 2020P i�uaatIpa°caul=pridat araaitt op �ainT,TtT' 2.w tifie..and ..hDuld fie! be ., Side ad : act/ 3 c r ltLE1�- la�n�ld I pfcwAead-w . . i 3 FtlelhOd Of PffSe13a1 PHYMeRl, 11I-' - -4- oolo gu._slia,=ni�scs_«ill.. � Pie ° i i4o-tllr{t * llnbefL7 �a t• t4 abk+-],.-,l+e &101eft of ine! hinedening PMN.Fly. This will delete H11 (-4y rela*d iHA9FMa4;O!! With 1.h-e e-Mail profile.' 306 INCLEMENT WEATIIEIR PO1.1C.' In thy; event of inclement weather condil.ions such as snow, ice, fog, etc., which crews hazardous traveling conditions to and from a» employee's home, an employee„ may request from his/her supervisor permission to leave work early or arrive late and with the supervisor's approval this can be done. An employee may receive pay for the th-ne away from work hecausc of inclen}crit weather conditions subject to the supui-visor's ptu7nission by using accumulated compensatory time, personal holiday or vacation time. In addition to the policy stated above, in tho interest of cooperation, if it is possible for Supervisors to allow rmiplcyees to mare up their last tune within the vvicekpa e4e4 that it occurs, they will try to acconunodate the employee if they can. It should also be recognized by P,mploy'ees that this rntay not be passible, dui: to riper-ational deeds and the timing of each particular weather incident. This palmy does not apply to positions responsible for providing continuous services to our citizenry. ENamplcs include positions engaged in; utility operations, protective services or improving driving conditions. Continuous s-ervice employees are expected, as a condition of their respective work, to adjust their arrival and departure in accordance with predicted conditions unless direct ) otherwise. 7s Revised January 20204-7 1. PqWs -The City of Oshkosh is sincerely concealed with the safety and welfare of its employees .and the public it serves. It acknowledges an obligation as an employer to provide the safest possible working conditions For employees and a safe enviromnent for the public that use5our services. The primary purpose or this policy is (o acquaint you with the general safety rules and policies. It reflects the efforts of many people to establish reasonable, practical, safe work practices to prevent aceidents and injuries, Your supervisor will explain miles and policies concerning specific department operat ons to you. In addition, OSHA and D �Wl Department of Safety and Professional Services requimd written progmrns are available by contacting the Safety & R l k Management £3i€ tmit�rO li i e-r. 2. Principles — Safety process principles are: a. All injuries are },irwenta_ble. b. One of management's fundamental responsibilities is to lead the safety effort in a sustained and consistent way, establishing safely goals, dcmanding accountability for safety performance, and providing resource,-,; to inaGke the safety process work. c. All employees are mspnnsiblc and accountable for preventing injuries. Everyone must be connected to and have persainal value for the drive toward safety excclknc;c . d. All operating exposure* that could result .in injuries or occupational be controlled, No matter what the exposurc, all effective SafCgLiat'd can be provided, c. Safety is air important condition of our employment_ Safety starts oil the first day someone begins working for the City, and each employee is expected to be conscieatious in assuming personal safety fruni that first day on the job. f. Efrective tzaining programs to teach, motivate, and sustain safety knowl-edge are a key element in preventing alI injuries and illnesses, g. Regular audits of the workplace mum occur to assess safety prograan success, h. All deficiencies must be promptly corrected after an audit is completed. i. Safety is .also a part of every person's Cife, both at work and at home, j. Safety is integrated as a core business and personal value. Tntroduction - This policy provides uniform safety procedures and processes. Safety p-rocedures for specialized tasks shall be prepared by the department manager concerned and, after approval, issued only to ernplaym performing those (asps. It should be emphasized that all employees should comply with these specialized rules whether they 79 Revised J.snu iy 20204q are included here or not. In order to make this policy easy to read., follow and undersLand, it is divided into se+etions, each concerned with a particular type of task, equipment, operation, or hazard. +'park areas and equipment shall be kept as safe as possible_ No aoh is so impoltEuat and no service is sir urgent that we cannot take time to perform our work safely. We have an obligation to each other to do everylliirtg pogsihle to prevent accidentshrtjuries. Also, we are required to report any accidenWinjurics that do occur, to your immediate supervIS03• as soon as passible, but no later than the end of the Whitt. All employees are msponsibie for conpe.ratin.g with and supporting the safety objectives, Where potential Hazards aM thor[ght to racist, brnplcayees dial use all known precarutiormy rneasums. When in doubt pis to ilic procedure to follow, ernploy,ces shall consult their supervisor Wfore pi'OCUCciiM4 with the work. Safety is a personal responsibility. t;.caialpIiance with all safety ruki s ,mcl use of safety equipment is a condition of errrploymcnt. #(unitee The pwTeseR "tE-r€'ievl►p •i:si: + � i.- TT7TViTi1T[LT {f.�JrCi9i4�T�TT�.:1rCG7—[TQi � 7-'�'D�ir�n a aieasR n.t�a4rwi � Fc.,s ael i s ei l l es 1 _4epaFlmefll fly=INN s49 vii4 a —% r ue1-4iio iky +i [ r the d-evelapy-nen; of �;M�ty ealt+a C[T d lff ffl . _ _ tAvend allr fiSy on Ian a Ea#t iA— �t'�'%' r TttraoAotivifies T-ke liealth and safety a0i of OFH , iltee , .114 80 Revispucl hiaaaaary 20204-7 +Auut-hea4fli-a aafety ifiapeefioiis, o aperaliami-i and hte 'i, idefitify saky hwwds and papapis. Types of aeGidentseausei aFid fFan& 'ghall be ideniidied wid aPpFOPFiflie , ; and fl 55 aq 04ta q +ind en pas! i i� uFi e, ill e es A :.—PleffiefItEtti011 Of effkliYe heRhIl HF14 xvi A. ihe-&yt4 I'll MeM an 5Aty awaFtmogs pTqgr-a!n,-;T wago-feedbaek fr-om a'! individuak With Fegfffd 10 hEalth f" PFOII!effli� a3ld Wah-Ifif-All-4, -,,i - 'A an'd serve Fts ka me4qume ki �ygiw+he development; i njrpjeFfleflt[jt4 oil, ,(j WYel0p WF -nild saf�t Rolvo .+.4 an Nov tie xx:i-. Pt;avide suggestiaiis and r-eeaFnmefidaiukmis Pip- 1--sol-11 I'ho-414"id Gammittee StFuelwe: 14 X A, 4 4 pwge4)wives ft-om eaeh of the following work uea-, O-.--Wasw WaWen- 'reeifflent PUM 81 Revised January 201047 he hwl Its 311i.s� i. .i. r.iitr he -al- ` -41 �..ynthl SFlSiT[IyII']'4.r jLy'STf"Y�. GSA1TiT1Tf#Y1'�£i3�Y dp r#4t?ll� mix. " ,he 11'1int tr. offl;-. ill-eetiiig .II Wgiven to eaeh eeeimitiee member- Yid PO.SteL44 tP11 b 11.14: 1-4494r.a., Ht O O]% I:sny��itt mrl �f, �, �t.ku� ,. , ye -��e fee �yo 4I. A. Responsibility HOT Safety - S.110tild are accident occur, an investigation will be conducted. The objective is to determine how and why the; accident happened so that it can be prevented from happening again. There should be a constant prugram of job safety analysis to identify hazards and elinunate theirs before accidents happen. a. Safety & Risk Managq elnt Officer - is respolnsiblc for the organisation, coordination, and implcmcntartion of safety lwograrns and education, hazard ins tion/climination, and managernent of the incidcritlinjury repoilin,g process. The Safety & [Usk Maigagemen! Cear-dinatmMana 7r.1. Officer will advise all employees on issues elating to accident prevention and will recommend appropriate, action to ex rect the problem areas. b. Department/Division Managers - shall be responsible for all areas of safety under their control. c. S4pervisurs will asswne the responsibility of thoroughly instructingpci-sonn.el in the safe practices to be obser-ved in their work situations. They will consistently enforce safety stwidards and requirements to the utrnost of their ability and authority. SupuMsors will act positively ter chrainate potential hazards within the activities sunder their jurisdiction, and they will set: the example of good safety practice. Safety shall be measured along with other phases of supervisor Perform ante. d_ All Employees m shall be responsible for compliance with mfcty procedures, standards, and rules outlined in this policy or other applicable dirc:etives that are established to prevent injury to themselves, other persons or daniage to equipment and property, They shall also blw re.Tonsible for promptly rcpurting to their supervisors any hazardous condition or procedure that affects there, their fellow workers, or the general public. 92 Revis-cd January 202W J. Report all personal injuries, no inatter how minor, to your immediate supervisor as soon as TK)ssible, but no latter than the end of the shift. This must be done even of the injury did not result in lost tune from work or require medical attention, Department managerslsupervisors are responsible For submitting injury reporks to the Safety & Risk. Management Coordinator. ii, In order to pruyitic;�fbr erraplgayee safety as well as the "bliwserved. employeesare required. to re part te+ their supervisor arrests convictions or citations bevnttci speeding and pgrking violations, Indiyid�ral elcpEin��itai work rules may rewire more specific r ggrting reAuiremeats. iii. The City does not expect you to take any chances or to work under hazjardous conditions, If you are not sure you thoroughly understand the job, ask your ,supervisor for further im truction. iv. Ilorseplay and practical jokes on the job aiv not acceptable. V. The use of alcohol and/or drugs at the workplace is prohibited. Any employee reporting to work ►inder the influence of alcohol and/or drugs may be subject to discipIinaxry .action. vi. ' hfm taking prescription and non -pre- riptiou (over the counter) medications or drugs that may affect ability to perform tasks in a safe manner, notify a supervisor to determirae whether an adjustment in duty assi invent shouId lie made, 5. Additional Details — Full detatils mid descriptions of city -wide Safety licks ;and ocedures can be found can the City infranet under Safety and Disk in the -Policies" sect on or can. be obtained from the Safew and Risk Management Officer and sl ouid be reviewed annualy= •,-Ust-4i"and4k, Oi-, a, laYYl'rti�4r'a lYL��s+".+. r .. Ialewatiarsre� aIE149143--1 i pLaftit ., d-LNJUi{Miel t !hat ., a darn tiVO saga -. �•• s�a,,,,,vc,.:�a�gi� r ...., _..a.. .rr:,...�L,� Shelves OF eliflif .3, 93 Revi-stid January 20201-7 atd4wreaetrt -14gh-it&.- ihm flie eord is YOU 308 RETURN TO WORK POLICY 1. �'� - The purpose of this document is to set forth the City of OshkosVs policy regarding the availability ofmod ifcsi work assignments when an. ernpioyee has sustained an injury or illness, This pulicy applies to both work and non -work related medical conditions, Modified 'Work Assignments are intended to be a positive: concept .since the successful return to work of an affected employee benefits everyone —the affected employee, the City, the medical provider, the insurance carrier, find the gencsral public. Modified work assigrnnents are also intended to be short teen and will k irnpiemcnted in all .appropriate situations since it (1) accelerates the affected employee's recovery; (2) helps maintain an experienced work-crrce, (3) improves employee morale; and. (4) reduces (he City': personnel costs, including thue away from work, sick leave costs, and/or worker's compensatiean oasts. 2. Empioy+ec Respgnsibility An ill or injumd employee is r pons ble tc know and follow ih hiser medical pruvide?s r ommendations (including any medical limitations identified by the physician) and rctum to work (either can modified work assigns -feat oc• regular duty) w; ,quickly as possible. The employee shall cooperate with the City in providing all necessary infoi7rration about hisOher condition and status of treatment, including access to the attending physician by (he immediate supervisor and/or designee for the purpose of obtaining medical irlfoi-r-rmation. It is the empioyees respcansibility to subn-it to their supervisor all medical foams: froin their medical provider, which outlines work re_5U ictkins, In the case of a serium illness, it is the: employeds responsibility to submit inedieal informatiDn ulaon request. This information shall be turmcd in to your supervisor as soon as possible, but no hater than, the 126 Devised January 20LOP stag of your next scheduled shift. If you are physically unable to turn in documentation of a visit to a medical provider, the infoiTnation cal he taxed to 920-236-5090.. 3. Department Responsibility - IPan employee is initired on the job, the affected department is responsible to provide for irnrnediate medical treatment as nLoesM and to obtain written details of the incident. Iti the case of either an illness or a work related injury, the immediate sulaervisor and/or designee and the affected employee are responsible to ensure all required sick leave and/or injury report fornrs, including medical physician certificates, are completed and submitted to the Sarety c Risk MaFtagamenl ARiiPNIR Manopprnent Officer within 24 hours. Aie inimediate supervisor and/or designee shall be authorized, after informing the affmted employee, to contact the attending physician, emergency room etc., to obtain necessary inf+orrrration on the affected employee's injury, condition, dates) of past and projected medical appointments, and progresstoward i-eturning to vwork. The employee's job will be reviewed and, if possible, modified so the employee can return to work dwing the period of rc:covery. If the ill or injrurcd employee cannot immediately return to hi4her rregular .job, then the affected depailment, with the assistance of the employee, employee's medical provider, and Human Resources,-Diyision, will dcten=. e when the employee can return to work on modified work assignment. This arrangement is anticipated to be tempoim-y, with the intention the employee resumes the unrestricted regular Job as soon as medicn]ly lx)ssihle. If the employee's ability to perform nicAified work is questionable, a trial period for such purpose may be considered, The: employee's supeMsoi and medical provider shall Closely monitor the employee's job performance so there is minimal chance the, modified work assignment aggravates the medical condition. The affected deparmment and *e-I Iuman Resouives tam shall develop a [Modified 'Mork Assignment that includes physical ruluirement& This shall be submitted to the errtployec's medical provider for review to determine if the assignmerit is within the restricticug placed by that medical provider. The affected dqm-tnient andlor 4ie—Human Resources Divisio shall remain in communication with the ill or injumd, employee and hisAler medical provider to :make sure the employee receives adequate care and that the modilied work assignmmi is being followed. 4. Medical Provider ReWnsibili- Medicid providers for an injured employee are encouraged to consider abilities and not disabilities when determining the employee's diagnosis, prognosis, treatment schedule, targot return -to -work datc and physical limitations. C".oaditions for Modified Work A:ssi cT - Modified winrk assignments will be coordinatcA between the affected employee's department, tte-Human Rcs€ urces-T;i4si�m, and mnployee, and the employee's medical provider. Modified work assignment.,; will be provided under the following conditions: 127 Revised Jenwry 20,77&17 a. The employee must have medical authorization to return to work and His/her limitations must be clearly indicated on his/her medical release:, including the number of hours an employee is relcased to worlc. b. The work to be perfonnecl by the employee must stay within the limitations set by the medical provider. c. Modiiicd work assignments are tetnpora� until his/her twdica.l provider releases the ernplo ee Lo higher regular job. Definite times will lac established for review of the kaffiected employee's condition by the medical provider and an anticipated elate for return to unrestricted, regular duties will be established and updated as necessary follovwing initial and subsequent medical review cif the employee's condition. d, ,An omplgyee on modified worlc assi rrient shall not be eligible for overtime assig anent when the restrictions prevent the employee fame performing all of the duties cutllned in their current job/position description. 309 DRUG -FREE WORKPLACE ACTION & POLICY I , lIg use - It is the policy of the City of Oshkosh to provide a drug -free workplace for all of its employees. The City requires that r3nployees neither use, possess, sell exchange; nor be under the irifluence of a controlled substance(s) except as provided under and eonsisent with a doctor's ca= and supervi.siw . The City recognizes the importance of maintaining a safe, efficient and healthy workplacc, as well as the social responsibility to provide assistance to its employees to the extent possible. Employees arts c: pe�,ted to report to work free from the influence of any substances that could inhibit their ability to perform tlu<ir duties, Zexo tolerarice standards shall prevail in the workplace, 2. Druz,and/or Alcohol Testing - The employer encourages any ernployc e with a drug and/or alcohol pmblern to seek professional assistance before such problem becomes a workplace issue. The City mserve.s the right to require an ernployr:c to submit body substance samples (such as hair, chine and/oar blood) to test for the presence of drugs or alcohol if the employer determines that there, is reasonable suspicion that the employee is undcc the influence of drugs or alcohol or has otherwise violated this policy. All tc sting will be drone in a fair and resptc:iful maruier and in accordance with any applicable federal, state, or local laws. An employee's refusal to take the test, or an employee's delay in taking the test is grounds for turi ainatiun from einployment.. 3. Opportunity for Assistance - Employees with drug or alcohol peobleins that have not resulted in, and are not the immediate subject of, disciplinary action may request appi-oval to take unpaid tinge off to participate in a rehabilitation or treatment program through health insurance benefit coverage. Leave may be granted if the employee ajp-:ets to abstain fi-om use of the problem substance; abides by all emplayer polices, rules, and prohibitions relating, to conduct in the workplace; and ifgranting the leave will not cause any undue hardship. 4. Reyoifing of Drug Convictions - All City employees are hereby notified that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is strictly 129 Revised January 2020-P prohibited in the workplace, 1 urtkieTwom, it is a condition of employment that all City employees abide by the Drug -Free Workplace Policy and nmity the City (employee's inaunediate supervisor, llurnan Resources or the Admin vo-Sewyi llirector of Administrative 5er�iecs) its writing, no later than, 5 days aver conviction, The City -of Oshkosh recognized that smoking is a health hazard to Employees and members of the public, both tlu-augh the direct mse. of tobacco products and through the EPA identified risks of environmental tobacco (second hand smoke and side stye -aura smoke). 1. Brooking and Other Tohacco IJse in Muniei A Buildings & Vehicles is Prohibited a. Building means any enclosed area of a structure owned, leased or administered by the City of Oghknsh. b. Vehicle meats any self-propelled, enclosed vehicle ovmed or leased by the City of Oshkosh, including, those vehicles contracted for passenger transportation services. c, Smoking means using, carrying or possessing, a lighted cigarette, cigar, pipe, `"vaoinf with c-eigaivites, or any similar products or tcehnolomy.er-� . Prohibited Conduct -It is unlawful and a violation of this policy for any person to engage iri smoking in any form through the use of tobacco products, "vapinkf' with e-cigarettes, or any similar products. or technology in any City of Oshkosh building ar vehicle, 3, Notification -loll bUildingg and vehicles shall be posted in a=ord with the terms of this policy and Wisconsin .statue 101.123. Pasting shall be at the entrance to all City of Oshkosh buildings and vehicles to notify the public and employees that smoking in any form through the use cif' tubacco products, "vaping" with e-cigarettes, or any similar products or technology is prohibited. 4. Penahy and Enfoi-cmue:nl - Any person convicted of a violation of this policy shall be subject to a monetary forfeiture. The City of Oshkosh Police Dopartment shall be the enforcement agency ofthis. Employees may be subject to disciplinary action in addition to the af- rementiorted mmietary amount, 311 WORKPLACE Vll<31,1+.NCE The City of Oshkosh prohibits workplace threats or violence. Acts of threats of physical violence, including intimidation, harassment, or coercion, which involve or affect personnel or property or which occur on the vmpleaycr's property will neat bt. tolurafesd. Acts or threats oaf violence include conduct, which is sufficiently severe, offensive, or inti.anidating to alter the employment conditions or to create a liostile, abusive, or intimidatin 129 Revised Janunry 2020-17 work envirfanment for one or several employees. Examples of workplace violen" include, but are not limited to, the following: 1. All threats or acts of violence occurring on the C:ity's premises, regardless of the relatioTiship bctween the City and the parties involved. 2, All threats or acts of violence occurring aft` City premises involving someone who is acting in the capacity of a repre ritative of the employer. Exarnples of condmt that may be considered threats or acts of violence in violation of this policy include, but are not limited to, the following; a. Hitting, touching, or physically harming an individual. b. Thrcatening ari individual or his or her family, friends, associates, or property with harm. c. Dan -aging or threatening to harm City pfoperty or the prof-Orty of others. d. Maricing harassing or threatening -communications. e, Harassing surveillance or stalking (t'ollowing or Watching someone). f. Unauthorized possession or inappropriate -use of firearms or weapons. Prohibition ag€rim-it threats and acts of vicrienc:e applies to all persons. Every employee is required to report incidents of workplace threats or acts of physical violence or damage of property. 312 WE-Al'ONS For the purposes of this policy, weapon shall mean without limitation bacause Of enumeration: any firearm, whether loaded or unloaded, any device designed as a weapon and capable of pploducing death or great bodily harm,, any electric weapon as defined in Sec, 941.295( ), Wis. Stats.; any instrument which expels a missile or other object by the expansion of compressed air or other gas, by spring or any other means; cross -knuckles, blackjack, billy -club; any knife which has a blade three inches or longer, or a blade which may ire drawn without the necessity of contact with the blade itself, martial arts type weapons such as, without limitation because of enumeration, throwing stags, Tonfa, islunchaku, lighting chains; pepper spray, mace, tear gas, or any other device or instrumentality which, in the manner it is used or intended to be used, is calculated or likely to produce death or great bodily harm. egardless of whether an employee possesses a concealed carry weapen license or is otherwise allowed by law to possess a weapon, employees may not possess any weapon on city property or in any other location; when the employee is in the: course of ernployrnent. An employee may not possess any weapon in any city -owned or leased vehicle. This policy shall not apply to law 130 Reviscd January 20204-7 enforcemem officers or fire personnel who are required to handle weapons in accordance with their policies related to transporting patients with weapons. This policy shall not prohibit en employee froin carrying a concealed weapon car ammunition or From storing a weapon in the er ployc:e's own motor vehicle, whether that vehicle is rased in the course of employment or whether the vehicle is drive n or parked on City property. 313 TRAVEL This document sots forth the City of Oshkosh policy with respect tea travel expendituivs. The City shall reinftirse an ernployce3 for actual, necessary and reasonable travel expenses incwted while on official authorized City business. If traveling overnight employees shall complete a ""Travel and/car "Trip Request'' form and submit to their Deparunent Head. All such travel must be authorized by the Department Head in order to be eligible for rc:imbursernent. Department Hea& shall approve only travel expense, approved by the Common Council as included in the arautal budget. Expenditure beyond the amount budgeted shall require: the approval of the City Manager. Employees shall be required to complete a travel expen se mport before reimbursement will be made. Reccips, are required for air, train, bus, hotel, motel, and conference registration. Commuting expense between employee's residencz and his/her normal place of employment is not resinibiu-,abte, Advances to travel expea s most be approved by the Finance Director. Certain Department Illead positions shall receive a flat monthly car allowance for in -city travel. The amounts and positions to receive this allowance shall be stipulated by Common Council resolution, Employees are prohibited from using vehicles, for business purpc=s, which are not outlined in this policy unless the en-1playee receives prier wd7tten authorization front the City Kmager car his/her or her designee. Hotel and Motel rrcpe5ns _ The lodging charge should be in litre with the average cost of a single rooin in that location, if the: rule as out oflirte fear the locality you are visiting, you should attempt to secure accotmnodations which are more in lure with prevailing curnmercial and tourist rates, When securing lodging, employees should ask for the gnvernrnent rate, Many hotels have a special rate for g+avernment cmployees and require some type of government identification, Oft -on it is necessary to guar-antee hotel reservations. However, if an employee's plans change, notificatinn should be given to the hotel in time to prevent the, charge when possible. Employees should observe hotel check-ou.t hours in order to avoid a charge foT the day ofdeparuve:. TO proWct yourself against overcharges, it is recommended that you have a definite understanding in advance conceming the required length of stay and the rate to be paid. 131 Revised January 2o204-7 Lodging expenses must be suppoitcd by the original machine printed receipts which am fumished by most hotels and motels, or ars original handwritten receipt. The fkravel expense re port cannot be, paid without this mceipt. 2. Meals The allowance for meals should represent actual and reasonabic cast,; expended for year awry meals, It ,should take into consideration the locality in which the rnesl is obtained. Tips are reimbursable at I SIXG of the meal cost, a. Reimbursement for meals will be allowed on trips which do not necessitate an overnight stay only on the following conditions and if reasonable gavel time is rcgll ired.: i. Breakfast, provided the employee leaven home before 7:00 a.m. ii. 1: unch, provided the employee leaves headquarters before 10:30 a.m. and returns after 1:30 p.m. iii. Dinner, provided the employes; returns to home alter 7o00 p.m. b. When it is required that a rneeting be held during lunch, the business lrinc;heon will be an authorized expenditure. However, no areal costs will be allowed if the official business, was transacted daring normal working hours within a reasonable commuting distance, No reirnbursernent wi II be mane for the cast of a]cohoIic beverages, 3_ PorteEMe - nec;e nary gratuities to hotel employees are reimbursable. These may not e coed $5.00 for each stay at a hotel ,All other fews and tips paid to porters, bellboys, maids, etc,, are not reimbursable. 4. Public 'Transportation Transportation expenses immTreci can necessary trips away from the City are reimbursable .regardless of the type of transportation used. In gerteral, travel by public transporlaticsn (railroad, bus, or c;ommer6al airplane) should take preference if it is convenient and not too time consuming. 5. Air Travel - Reimbursement for air travel shall be lirrtited. to the fare for the: lowest class reasonably available.. The passenger coupon of the airline ticket shall be attached if.) the travel expense report. For' other modes -of travel, attaeb available receipts for tickets that have been purchased. Expenses for travel cannot he Laid without this receipt. Insurance coverage for employees traveling by air is not allowable as reimbursable expen:rc. If reimbursable mileage results in trausprrtation cash less than the air Fare, reimbursement shall be at the lesser arnount. Reimbursement for use of an employee's private, aircraft is not allowed. , . ty Owned Vehicles a. General - WN n traveling in a City -owned vehicle, the assigned number of the vehicle must be shown on the travel expense report. The oprrntor must drive 132 Revised January 2D carefully and observe all traffic laws and re Tilatimis, `Flie operator shall be personally responsible to pay any find or penalty for traffic or ether violations. b. Assigned Vehicle-; - Some employees are assigned a specific vehicle for use its their job. Employees who are assigned a vehicle may use the vehicle to commute betw=i home and work. F,x pt For proteUive service empltyees, the value of' the use of the vehicle to cornmute will be added to the employee's earnings statement in accordance with applicable I.F S. rules. With the exception of protective service employees, no employee may use a City vehicle for petwnal use. Protective service employees may not use a City vehicles for personal out- of-town use, Except as provided in the Oshkosh police department policy involving one on one squad case, under no uundition is a City employee allowed to use a City vehicle to transport family members or any other person not on ofichd City business, City provided vehicles shall not tie given to employees residing outside the city limits. Tliere shall be no exception to the above paragraph without specific permission of the employee's supervisor. c. Pooled Vehicles - Some departments arc assigned City vehicles which are shared by department employees and/or other City employees. These vehicles are garaiged/parkcd at City fa.cilitic:s and are assigned daily on fui as -needed basis. Daily assignment of these vehicles is at the discretion of the Dcparhtient Bead. Pooled vehicles are not to be used for employee personal use or to be taken hDine by employees. 7. Use of Privately -Owned Automobiles - The use of personal automobiles for cut -of -town travel is to be lii-nited to trips for skirt distances and situations where other modes of transportation involve excessive loss of time or wherc use of a cornrmn carries• is not otherwise pra3ctiouble. Employees Who are authorized to use their personal automobiles for City business -will be reimbursed at the Crate prescribed by the City auto mileage allowance. policy. Employees will be reimbursed for travel by autornobile only. Other fornis of travel, such as, travel by rnap+ed, rnotorc:ycle, aircradl, and watercraft is not reimbursable, a, An employee who operates a pgrsonal velxicle for City business must PFgvi_de proof of Liability Insurances vwritla limits of riot less than $100,000 per person. MUM per occurrence and the same minimum euverage~ for uninsured and underinsured motorists, -11iis requirement shall not be w-,,s ived, The insurance on the vehicle shall be primary to any City insurance cvv4rti=. Errmployces must provide a current copy of their Personal Auto IDeeflFarations Waage niMn rearrest in order try rc iv. �>>il� ,���r�itt�brir�prrrcni, Only ai tomobiles as outlined in this policy Are eligible for mileagc reinihu .sernent_ ra:h,Tne only exception to the foregoing should be in cases where an employee coanbines a personal vacation with a business trip, In these oases., the allowance far the use of a personal aaitomobile shall not exceed the lowest cast of the mast 133 Devised daiwary 202 pmc-tieal weanry of public transportation between such paints, Because of the time loss involved in traveling by bras and railroad, this is generally interpreted to mean the cost of coach air fare. In addition, reimbursement for meals and lodging shall not exceed what would ordinarily have been required if the niest practical form of public transportation had hum used. I,F.c.'l he mileage allowance is reimbursable without regard to the number of passengers you may Have with you- Department Heads should exercise careful sufervision and endeavor to consolidate travel crews in as few automobiles as possible. However, employees will Trot be required to travel in the vehicles of otlror employees which contain concealed or open -carry weapons, The City will reimburse cnsployees for their mileage if they clecl to use their own vehicle instead of traveling in another employee's vehicle containing eamcealed or open- carfy weapons, but only after providing, a written explanation describing the creed to ase their separate vehicle for travel clue to the existence of concealed and/or open -carry weapons. c=..cl_ln addition to mileage, the operator of the car ;shall he reirribursed for overnight parking at hotels and road tolls, d,e.If mileage is allowed to the operator of a privately owrned automobile, the employee should travel by the most direct route. Any person traveling by another mute without adequate justiricatiun therefore shall assurne any additional expense incurred. Employees are also not covered byWorker's Compensation when pursuing, personal activities. e.LVicinity mileage necessary for crsnductiiig official. husiness is allowable and should lac supported by sufficient detail ttr jcrslily the.. mileage claimed. No mileage xill be allDwed for travel between an employee's home acid his/her official work station. G, L har es fur gasoline, oil, lubrication, repairs, antifreeze, Fires, tire repair, towing and other similar expenditures will not be allDwed as reimbursable expenditures when privately owned cars are used. It is required that City ernployce;s sin official business, driving personal autos, will be adequately protected by their own personal liability and property damage instifr-arrce. The Department Head should assure himselflhemelfon this point and insist an the use of City -owned vehicles if the rtla", cc of such protection is known. #�1i.Parking charges incurred in Oshkosh resulting From daily trips from an indivi- dual's residence to hisAicr headquarters are not reimbursable. Other parking charges incurred while on official business outside Oshkash are reimbursable. kii..-Mileage alivwan" will be paid for business travel within the City via the auto allowance policy, except for those department head positions that receive .a flat car allowance for in -city travel. 1J4 Revised lanuary 20204 , Taxis/Limos - Chargv+ for taxis and airport limousines, including lips at the maxii-num. rate of 15% of the taxi charge are reimbursable where other abodes of travel are not available or practical, Receipts, and an explanation are required only if the amount is unusually high. 9. Rental Cars - Normally, employees will not use rental car facilities. There are two exceptions to this restriction: a.. There may be situations when City cars are not available and when pubUe transportation is so inconvenient and costly in fiche that a rented car should be used. An explimation of the circurns noes should be includ-cd with the travel expense report, b, When transportation is required at the destination, a rented car should be evaluated against gather modes of transportation. Many times wensive (ravel at the destination can be done at lesscost by a rented car rather than n-whiple taxi fares. This is especially true if number ofemployms .are involved. An insurance option which provides collision covem ge with a deductible clause is an a]low€bble expense. 10. Registration Few - Receipts are required for registration fees for conferences, cDnVeil ti(}ns, 5e111inars, etc, a)nvention brOchures or schedules with a bmal down of convention costs should be attached to the travel expense report. It should show: a. Actual dates of the con Farence, conven lion or seminar. b. breakdown of sp ifac meals which were included with the registration tce- 1 1, Non -Travel Expenses - Rmeipts will be required for all miscellanuous and rion-travel. expenditures in excess of $1 { ,00 that are included with your travel expense report. 12. Telephone r Telephone charges are reimbursable when necessary for official business. Date, place pennon called and nature of business must be shown on the. travel expense relro t for all tall calls charged. 13. Travel Expenses of Others - Generally the expcnses of only one employee shall be included on a single travel expense report. When more than one per-son's expenses are included, names of such persons roust be shown, 14. Travel Authorization -- All travel roust be pre -authorized including travel inside the City. This authori tion may be obtained by completing a Travel andlor Trip Request Form, 15. Tr fv lin ifh^ - There is no objection to an employee inviting his/her spouse to travel with him/her on official City business. No expense for the travel by the spouse will be reimbursable. With respect to die. c= of lodging, the amount reian,bursable will be equal to the single room rate. The hotel clerk should be asked to write the singic room rate on the receipt, 135 revised January 20204-7 16. Cash Advance - Travel advances for specific pericds of time to employees traveling on City business shall be authorized. In no event can the amount of the advance exceed the expected out -cif -pocket expcoses and no travel advance -will be grunted under $100,00, This request should follow the regular procedure of any voucher submitted for payment. 17, Responsibility - Compliance with these regulations is the responsibility of Wh the employee and the: employee's direct supervisor. The DeparLment Head; by suing the expense report, agrees that the trip was necessary and that the expenses shown are reasonable. 18, Preparation of Travel Expense Report All individuals should ptrpare their expense reports from daily receipts, All information required should be supplied. Receipts and other required supporting docw-rents should be stapled to the upper left hand corner of (lie detail side of the expense report. Verify all computations and indicate travel advances, including prepaid lodging and registration fees, etc., that should be deducted from the arnount due you. Your expense report should be signed in the space provided 1>ofbi submission to your Department Dead ur des igncv. Travel expense; reports(original) shall be filed with the );inan= Department within tcn working days upon return to work by the employee. 314 EMPI OVMENT TI RMINATION 1. Notification - E`zuploy,ees planning to voluntarily terminate their employment with the City of Oshkosh are a Ypgo tqd to notify their immediate supervisor as far in advance as possible but not less than two weeks prior to their last day on the job. Terminating Department Leads and others holding FLSA exempt positions ns shall normally be e p ted to provide an advance notice of one month, These notification periods are required 1'or employees to be considered its good standing uno n termination. Persons dismissed or involuntarily terminated from amploymGrit shall not norrnally receive advance notice of termination. 2. Pra e ty Re�jurn - Terminating employees shall turn in all keys and other City propertics in their possession to their supervisor or other designated personnel as directed, 3. Benefits, Payout- Wien a regular part-time or full-time employee terminates employment with the City, he or she will he paid for any unused vacation, floating holiday or compensatory time which had been earned. prior to the date of termination consistent with other policies in this employee handbook. 315 DISCIPLINE 1.. Purl ose - It is c petted #fiat employees will work in a competent and conscientious manner, which will reflect favorably upon the employee, thei r department, and the City, Instances may occur, however, when an erployee has exhibited questionable behavior and corrective action is necessary. The purpose of discipline is to correct job heliavior 136 Revised Jatiu ry 20204-7 and performance problems of cuiplo yees. The action takers to discipline are ernpIOyee may include a verbal reprimand, a written reprimand, suspension without pay, demotion, and discharge. Rules and regulations will be fairly and consistently applied and penalties will match the: infracfiun, Employees shalI be informed of standards for conduct and performance. All discipline shall be discussed with the Dirtf,,Ior of Administrative Services before such actions ue taken. In the event that immediate dismissal action is required and the Director of Administrative, Services cannot be reached, the employee shall be suspended pending investigation. 2, Documentation -'Persons adraiinisteriixg discipline shall sy.sterriatioally document the case. Copies of written records of verbal reprimands, of written reprimands, demotions, suspensions and terminations shall he provided in the employee, the Director of Administrative Savic:es, tlic employee's supervisor or Department Head, the ernploye 's miion representative if applicable, and placed in the employee's personnel file. 3. 'einryarten lets Employees who are subject to an employment investigation h tcrview and rieascnably believe that discipline: may result from the interview have a right to mquest representation during the investigatory interview (Weingarten Fights), 4. l,trudermill Right,,, - Employees have a right to a fair and impartial investigation. When mariagrement concludes the investigation, the employee will have a predeteirnination meeting (Loudernid] lights), Notice of this m c;tiing will include the date and time of the inecting. Dearing this meeting the employee will receive the results of the investigation and have an opportunity to respond, 5. Grounds for Disciplinary Action € , Dishonesty or falsification of records. b. Insubordination (refusal to obeyreasonable orders, insolence, talking, back, arguing, vcriaal abuse or assault of supervisor), c. Theft or dt struction of City equipment or property. d. Unauthorized use orb' abuse of City equipment or property. e, Use of intoxicants, controlled substances, andlarr drugs (other than prescribed by a physician) Mulc on duty. L ]rxwicalion to a degree, which would malts° continued presence a menace to saiety or production or interfere with discipline or etficierrcy. ii, Abusc a F prescd pti on car other medications. iii. Condition brought about from use of drugs away from worts which interferes with job performance, efficiency or discipline. f. righting or ercating a disturbance amiwg fellow employees, resulting in an J37 Revised January 2020-P adverse effect on morale, production or maintenance of proper discipline. g. Disorderly or immoral conducL h. Notorious off -duty conduct which brings disrepute of which reflects on the City as an employer. i. Conviction of a felony. j. Unavailability for work 'because of incamuation. k. 1'1bs=ce without leave (any absenee from work which has not been approved). 1. Leave used for a purpose other than for which it was requested -and granted, ra. Disregard of the public's inlet-est. m Habitual tardiness, absenteeism -or other abuse of sick leave. arrangefnents-Wi•fli semploints aEEta empieyee will not _—I Y4� tic. TrTiJu�1t2L'1 ii J4l5iSl l c},Use of official position or authority for personal profit, sexual purposes or political advantaged q,p,Disregard or repeated violation of safety rules_ regulations or procedures. sr-- Harassment. discriminatio% abusive conduct beea;; eee, eeloF, EFt?t�:-, scr .other fig li,ia i+.+r prohibite ieriteria pmteened by federal. state or local eqti��-- w+14 -laws a. Bullying or other intimidating behavior r Knowingly making false or malicious staternanis with intent to harm or destroy the reputation„ authority or official standing of individuals or organi7ations. u.-s..Acceptance of any gift favor or service that might reasonably tend improperly to influence an employee in the disc harg€: oft I mir utlic: aI duties, vd: a v iolation of this enipla e.e handbook, city policies, or work rules. 139 Revised January 20204-7 mil_ Failure to perfbnn assigned work- in !in LitterlliVC or efficient manner-. *.Y.Being wasteful of materiA property or working time. ) ,%v, failure to carry liability insurance on a private veI- +cle used for City business. x Failure to report work injuries per safety policy. aa-j�__Any other circums anew that may warrant dist;iplinm-y action which will be treated on a case by case basis. 316 C()NF°LICT OF INTEREST 1. R rpooss — Democratic; govemmeet requires that employees be independent, impartial and responsible to the people they service. it is important that the public: have confidence in the integrity of its government. 'Mate ethics law governs the actions of City employees, this section summarizes and is in addition to those provisions of the: Mate Statutes. 2, Conflict of Interest - City employees shall not me their office or position for personal liriancial gain or the financial gain of their family. Employees shall not use city facilities, materials, and/or equipment for personal use. Employees shall not �ngage in their own business activity, accept private employment or render services for private interests when such employment, business activity or service is incompatible with the proper discharge of their official duties or would impair their independence of judgment or action. in the performance of their official ditties. Employees shall rent tine or disclose "privileged information" gained in the oourse ofor by reason of their official position or activities. In most cases, the City of Oshkosh has no objection to outside ernplcayment with a firm or industry. It must be understwd, however, that the outside work may not interfere with the performance of regular City work. Before accepting outside employment, employees should check with their Supervisor to make ourtain that theme is na conflict of interest Uetwoen their regular and outside work. 3. Political Activity - Every employee will have the right to freely express his/her views as a citizen and to cast his/her vote. Ecaefcion for political purposes of and by employees of federally aided programs and use of their positions for political purposes will be prohibited, Individuals, whose principal employment is in a federally aided program, are subject to the pruhibitions in the Federal. Hatch. Political Activities Act, as amended, 5 U.S.C. 1501-1508. No Employoc is prrecludL-d f'rrorn crigaaging in political activity provided that such activity des not interfere with normal work performance and is not conducted during normal working hours and does not involve the use; of City equipment or property. FiTiployees 139 Revised Jsnuary 202M are specifically prohibited from directly or indirectly r-rercing any person to ]told or contribute monetary of other types of assistance to any political candidate, Fatty, or purpose, 4. Gifts and,& Gratuities - No City empfoyee shall solicit or accept for hirnwif/herself or another parson any gift, campaign contribution, grattrrty, favor, services or promise of future employment, entertainment, loan or any other thing of monetary value from a person who has or is seeking contractual or other business activities from or which are regulated by the City, This does not include acceptance of loans from banks or other financial institutions on custornary terms of financing for personal use (such as Borne mortgage loacas) and the acceptance of unsolicited advertising or promotional material, such as pens quid calendars, and acceptance of an award for rriei itorious public; Or pesrsttnarl contributions or achievements. S. Fund Raising Drives - No employee or ,group of omploycos shall solicit Lands Or otlic:r things of value from firms, persons or corporations without permission from the Director ofAdminisLative Services. NG employee err group of employees shall solicit fiends or other things of value From persons in any City building, except the "1 nited Nay )'and" or these drives authorized by the City Manager. Any ri uestions or claritieatioils_ regarding if a Conflict of Interest may exist should be directed to ihe< Director of Adnri nistrati ve Services or l-Iuntan Resources. 17 SITAR+ ARILI`t`V In .any article or wction of this ornployee handbook or any addendum thereto should be held invalid by opeta.tion of law or by any tribunal of competent Jurisdiction, or if rrornptiance with or enforcement of any article or scction should be restrained by such tribunal, the remainder of'Ehis agreement shall not be affected thcrcby. 318 SUGGESTIONS Every department in the City is interested in improving its work methods and procedures. Four ideas and Scr gt-960rts will be most helpful in this effort. If' you believe you lutow how a pi:o :educe cast be simplified or streamlined or how your department can save money, make your ideas known. Suggestions are always welcomed. Submit yours dirculy to your Supervisor, the affected department, of the City Manager, 319 AMENDMENT 140 Revised Jarrirrarny MOP When it becomes necessary or desirable to amend cute or more provisions of this handbook, such amendment may be made by Hie Director of Admini trativc Services wi(h the approval of the City Manager and action of the C hyr Council. 141 Revised Jall Uary '0204-7