HomeMy WebLinkAbout23. 16-563
DECEMBER 13, 2016 16-563 RESOLUTION
(CARRIED___7-0____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE EMPLOYEE HANDBOOK UPDATES
INITIATED BY: HUMAN RESOURCES DIVISION
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
attached updates for the Employee Handbook Sections 105, 109, 110, 111, 201, 202, 207,
208, 209, 211, 212, 215, 217, 303, 305, 310, 312, & 313 for the City of Oshkosh are hereby
approved effective 1/1/2017 and the proper City officials are hereby authorized to execute
the handbook updates in substantially the same form as attached hereto, any changes in
the execution copy being deemed approved by their respective signatures, and said City
officials are authorized and directed to take those steps necessary to implement the
updated handbook.
BE IT FURTHER RESOLVED by the Common Council of the City of Oshkosh that
this Employee Handbook update to Sections 105, 109, 110, 111, 201, 202, 207, 208, 209, 211,
212, 215, 217, 303, 305, 310, 312, & 313 for City of Oshkosh supersedes all previous
versions of these sections of the Employee Handbook.
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city
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Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: John Fitzpatrick, Assistant City Manager /
Director of Administrative Services
DATE: December 1, 2016
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.
ANALYSIS
Although the most significant policy additions to the handbook focus on Anti -Harassment /
Bullying, and Social Media, other minor modifications include; formalizing our pay date
change from Thursday to Friday, adding range reallocation guidelines upon implementation
of an approved salary study, compensatory time deadline updates, benefit option & use
updates, leave of absence updates, a use of telephones / cell phones update, guidance
regarding non-exempt employees accessing email from home and / or on personal devices
outside of work, electronic tablet use guidelines, a smoking / tobacco use update, a weapons
update, a travel update, removal of obsolete language, corrections of typographical errors and
corresponding page renumbering.
The portions that are being modified and / or augmented in this update are sections: 105, 109,
110, 111, 201, 202, 207, 209, 211, 212, 215, 217, 221, 303, 305, 310, 312, & 313.
FISCAL IMPACT
None
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5002 http://www.ci.oshkosh.wi.us
The portions that are being modified and / or augmented in this update are
sections: 105, 109, 110, 111, 201, 202, 207, 209, 211, 212, 215, 217, 221, 303, 305, 310,
312, & 313.
FISCAL IMPACT
None
RECOMMENDATION
I am asking that the effective date of the changes made be 1/1/17. Please review
these materials and let me know if you may have any additional questions in
regard to this subject. Thank you.
Respectfully Submitted,
John Fitzpatrick
Assistant City Manager /
Director of Administrative Services
Approved:
Mark A. Rohloff
City Manager
105 ANTI HARASSMENT / BULLYING POLICY
The City of Oshkosh is committed to providing and maintaining a professional work
environment that maintains employee equality, dignity, and respect. Harassment, including
sexual harassment, bullying, and/or retaliation is strictly prohibited. Harassment and bullying
increases hostility, creates an offensive working environment, adversely affects productive
working relationships, and ultimately obstructs the City's vision of a diverse workforce,
reflective of the City itself. Employees are entitled to a work atmosphere free from harassment
based upon any characteristic protected by State, Federal or local law.
Behavior that creates a hostile work environment is a serious matter and will not be tolerated.
Employees are prohibited from engaging in any conduct that could be construed as harassment,
as defined by this policy.
1. Harassment Defined
a. According to the (ERD), harassment becomes illegal when an employer, supervisor
or co-worker harasses a person because of their race, color, creed, ancestry, national
origin, age (40 and up), disability, sex, arrest or conviction record, marital status,
sexual orientation or membership in the military reserve. According to the (EEOC),
it is unlawful to harass a person (an applicant or employee) because of that person's
sex (including pregnancy), national origin, age (40 and older), disability and/or
genetic information.
-2-.b. Harassment may include verbal abuse, epithets, and vulgar or derogatory language,
display of offensive cartoons or materials, mimicry, lewd or offensive gestures and
telling of jokes offensive to the above protected class members. The behavior must
be more than isolated incidents or casual comments, it involves a pattern of abusive
and degrading conduct directed against a protected class member that is sufficient to
interfere with their work or create an offensive and hostile work environment.
Aeeer-diag to the (E90C), it is unlawful to harass a per -son (an applieant a
empleyee) bee-ause—of theA - Harassment can include "sexual
harassment" or unwelcome sexual advances, requests for sexual favors, and other
verbal or physical harassment of a sexual nature. Harassment does not have to be of
a sexual nature however and can include offensive remarks about a person's sex. For
example, it is illegal to harass a woman by making offensive comments about
women in general. Both victim and the harasser can be either a woman or a man,
and the victim and harasser can be the same sex. Although the law doesn't prohibit
simple teasing, offhand comments, or isolated incidents, harassment is illegal when
it is so frequent or severe that it creates a hostile or offensive work environment or
when it results in an adverse employment decision (such as the victim being fired or
demoted). The harasser can be the victim's supervisor, a supervisor in another area,
a co-worker, or someone who is not an employee of the employer, such as a client or
customer. Although the above refers to details of sexual harassment, the city will use
similar analysis for other forms of harassment.
fid. Prohibition of the Possession or Display of Harassing Materials - Employees are
prohibited from possessing, displaying, disseminating, distributing, trading or
sharing of any materials, regardless of format; (e.g., electronic, paper, film, video,
animated) that constitute harassment on the basis of any characteristic protected
by State, Federal or local law. This prohibition extends to all materials which are
pornographic and/or demeaning. This includes, but is not limited to, nude, semi-
nude or scantily clad images, or images of people simulating acts or exhibit
expressions which are intimate, sexual, demeaning or provocative.
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2. Bullying Defined
a. Bullying is any gesture or written, verbal, graphic, or physical act (including
electronically transmitted acts — i.e., cyberbullying, through the use of internet, cell
phone, personal digital assistant (pda), computer, or wireless handheld device,
currently 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.
b. Bullying also includes forms of retaliation against individuals who report or
cooperate in an investigation under this policy. Such behaviors are considered to be
bullying or harassment whether they take place on or off City property, at any City -
sponsored function, or in a City vehicle.
c. Bullying is conduct that meets all of the following criteria:
i. is reasonably perceived as being dehumanizing, intimidating, hostile,
humiliating, threatening, or otherwise likely to evoke fear of physical harm or
emotional distress, and;
ii. is directed at one or more employees, and;
iii. is conveyed through physical, verbal, technological or emotional means, and;
iv. substantially interferes with an employee's ability to do their job.
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3. Responsibilities
a. Employees - If employees believe that they have been subject to bullying,
harassment or any unwelcome sexual attention, they should:
i. Make their unease and/or disapproval directly and immediately known to
the bully or harasser;
ii. Make a written record 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 EEO Officer, a human resource
representative, or a supervisor.
b. Supervisors - Supervisors must deal expeditiously and fairly with allegations of
bullying or harassment whether or not there has been a written or formal
complaint. Supervisors who knowingly allow or tolerate bullying or harassment
are in violation of this policy. Supervisors must:
Act promptly to investigate bullying. harassment or inappropriate sexually
oriented conduct;
ii. Ensure that bullying, harassment or inappropriate sexually oriented
conduct is reported to the City of Oshkosh EEO Officer or his/her
designee;
iii. Take corrective action to prevent prohibited conduct from reoccurring.
In many cases, a supervisor's warning to an alleged bully or harasser, combined
with appropriate follow-up supervision and monitoring of the employee's
behavior may be sufficient to prevent or stop bullying or harassment.
EEO Officer (the Director of Administrative Services) or his/her designee - The
EEO Officer must:
Ensure that both the individual filing the complaint (hereafter referred to
as the complainant) and the accused individual (hereafter referred to as the
respondent) are aware of the seriousness of a bullying or harassment
complaint;
ii. Explain the City of Oshkosh bullying / harassment policy and
investigation procedures to the complainant and the respondent;
iii. Explore means of resolving bullying or harassment complaints;
iv. Refer the complainant and/or the respondent to the City of Oshkosh
Employee Assistance Program (EAP) for counseling and referral services,
if appropriate;
V. Notify the police if criminal activities are alleged; and
vi. Arrange for an investigation of the alleged bullying or harassment and the
preparation of a written report to be submitted to a decision-making panel
(see Section 5).
4. Investi a tion - An investigation into an alleged violation of this policy can be initiated by
complaint with the City of Oshkosh EEO Officer or a human resource representative.
Complaints should be filed as soon as possible after an incident of alleged bullying or
harassment. The EEO Officer assists the complainant in completing a bullying or
harassment complaint. To ensure the prompt and thorough investigation of a bullying or
harassment complaint, the complainant should provide as much of the following
information as is possible:
a. The name, department, and position of the person or persons allegedly causing the
bullying or harassment;
b. A description of the incident(s), including the date(s), location(s), and the
presence of any witnesses;
c. The alleged effect of the incident(s) on the complainant's position, salary,
benefits, promotional opportunities, or other terms or conditions of employment;
d. The names of other employees who might have been subject to the same or
similar bullying or harassment;
e. The steps the complainant has taken to try to stop the bullying or harassment; and
f. Any other information the complainant believes to be relevant to the bullying or
harassment complaint.
The EEO Officer is responsible for ensuring that an impartial investigation begins within
10 working days after a complaint has been filed. The City of Oshkosh attempts to
complete investigations within 15 working days. Except in the most unusual
circumstances, investigations must be completed within 30 working days.
In most cases, the EEO Officer will appoint a qualified human resource representative or
an independent outside investigator to lead the investigation. In any case, a second
person --usually a human resource representative --should accompany the primary
investigator during all interviews with the complainant, respondent and witnesses so that
information obtained during the interviews can be corroborated.
5. Report - The designated investigator prepares a written report immediately following the
completion of the investigation. Except in the most unusual circumstances, the report
must be completed within 15 working days after the completion of the investigation. The
report must include:
a. summary of the complaint;
b. summary of the response by the individual charged with bullying or harassment;
c. summary of the statements and evidence obtained during the investigation;
d. summary of prior settlements or substantiated complaints against the respondent;
A copy of the report must be sent to members of a decision-making panel consisting of
the Director of Administrative Services, the City Attorney and the respondent's
department head and/or immediate superior. If one of these people is involved in the
complaint, the City Manager shall have the right to appoint an individual as a
replacement. After consideration of the report, the panel may agree to one of the
following:
i. Sustain the complaint, order the bullying or harassment to stop, facilitate
appropriate sanctions on the respondent, provide for the restoration of any
employment benefits the complainant lost because of the bullying or
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, copies are provided to both the complainant and the
respondent. The EEO Officer and a member of the committee meet with the complainant
to explain the decision. The EEO Officer and the respondent's supervisor and/or
department head meet with the respondent to explain the decision and implement any
corrective action or discipline determined.
6. Monitoring Compliance - The supervisor is expected to monitor the individual's
compliance as determined by the decision making panel.
7. Discipline - Employees who violate this policy may be subject to appropriate discipline.
8. Confidentiality - All inquiries, complaints and investigations are treated as confidentially
as possible. However, when the City becomes aware of the potential of a bullying or
harassment situation it is obligated to follow up on the circumstances which may require
the discussion of the information provided.
All information pertaining to a bullying or harassment complaint or investigation is
maintained by the EEO Officer in secure files.
All individuals contacted in connection with a complaint will be counseled that any
information pertaining to the complaint should be held in confidence.
9. Other Available Procedures - The procedures available under this policy do not preempt
or supersede any legal procedures or remedies otherwise available to a victim of
harassment under state or federal law.
109 SALARY ADMINISTRATION
4. Pay System - Pay periods are bi-weekly. Hours worked during a pay period are ordinarily
paid the following Thiif sday-Friday of the subsequent pay period.
7. SalaEy Adjustment
a. General - 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 made either on a straight
percentage basis, a flat dollar amount, or a combination of the two. Such
adjustments shall normally be effective January 1 or pay period #L If the City
utilizes a step based pay system, movement from one step to the next will occur
on the employee's anniversary date of hire into their current classification and
only after receiving an acceptable review of their performance from their
supervisor up to the final step in the series progression. If pay for performance
awards are provided, they will be awarded to those employees who have received
an above average or higher review of their performance €elwa from their
supervisor. These awards shall normally be effective January 1, after all other
base pay adjustments have been applied. When an employee's salary exceeds
their existing pay range maximum the employee's pay is defined as "red circled".
A red circled employee will not be eligible for further base -accumulating pay
increases until his/her salary is within the salary range for their existing position.
in. Market Survey Implementation Guidelines — The following implementation
guidelines will be applied to approved studies:
(i) 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.
(ii) If an employee's current rate of pay is between the Control Point of the
new range and the Maximum rate of the range, then no increase is
required.
(iii)lf an employee's current rate of pay is "red -circled" and would be higher
than the Maximum rate of the new range, then the employee would
continue to be "red -circled".
110 RECRUITMENT & SELECTION
2. Relatives — With the exception of positions covered by the provisions of Wis. Stats.
Chapter 62.13, an applicant for a position will not be eligible for appointment or hire if he
or she has an immediate relative serving in the capacity of City Manager, Assistant City
Manager, Director of Administrative Services, Elected Official or a
supervisor/subordinate relationship (see 3, d, ix of this section). This includes both direct
supervision and indirect supervision as a result of a vertical relationship on the
organization chart of the City.
111 SCHEDULED HOURS, OVERTIME, COMPENSATORY TIME AND EXTRA
PAY
6. Overtime — With the exception of 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 are counted toward the calculation of time worked. Substitution of
these forms of leave for other forms of leave will not be counted toward the calculation of
time worked. When reasonably possible, all overtime shall be approved in advance by the
employee's Supervisor. It shall be the responsibility of every Department Head and
Supervisor to assign overtime work only when emergencies or other compelling
circumstances prevent the reasonable accommodation of additional work through the
reassignment of work priorities or through the rescheduling of hours within the same
workweek.
Eligibility for overtime compensation shall be determined in accordance with the Fair
Labor Standards Act for non exempt employees and shall be subject to approval by the
Director of Administrative Services. Department Heads and salaried exempt persons in
executive, administrative, or professional positions shall be ineligible for any form of
additional compensation for overtime hours worked but may be allowed to vary their
work schedules in accordance with Section 4 above.
Non exempt employees eligible for overtime pay will be compensated at the rate of time
and one-half (1.5) for time worked in excess of forty (40) hours in a workweek, with the
exception of full days of holiday, vacation and floating holiday time, which are also
counted toward the calculation of overtime. Overtime is not paid for exempt positions.
In departments where sufficient staff exist by determination of the respective department
head and the Director of Administrative Services, the City allows compensatory time, or
the accumulation of a specified amount of compensatory 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 compensatory time off within
a reasonable time period of the request. Employee's compensatory time accumulates on a
calendar basis with all end of year balances unused unscheduled by the last pay period in
San November are paid out in cash the first paycheck in Febf:war-y December
following prior calendar year accumulation. Employees are not allowed to accumulate
more than the statutory limits. Compensatory time taken will not be counted toward the
calculation of time worked for overtime purposes.
204 CREDIT- UNION
eligibleCity empleyees their speuses and their ehildfen are
G,readit I-Inien. The Gredit Union is le -e -ked _;#_ 240 Algoma Blvd. whieh is aEqacent to 945, Wall
201 / 202 ROTH IRA / DEFERRED COMPENSATION
Under this these pregram programs, an employee may designate a portion of his/her income to
be deposited into a special investment account for use in ren future years. q=ke These
preg-raffi programs e€fers offer certain tax advantages to participants. Further information is
available through the Benefits Office.
207 DENTAL, HEALTH, & VISION INSURANCE
If The the City shall pay a se* contributes an amount per month toward the premium of the greep
health plans.. ,his this amount is based on eligibility and shall be set and modified from time to
time by the City Manager. Specific benefits provided by this plan are explained in the Master
Plan Document(s) which may be obtained in the Benefits Office. Premiums are collected one
month in advance of effective coverage, through payroll deductions.
208 HOLIDAYS
Holidays shall be granted to regular employees with full pay. Employees receive twelve (12)
paid holidays per year, consisting of eight (8) recognized and four (4) floating holidays on Jan.
0 each year (first year pro -rated). The following are recognized as holidays: New Year's Day,
Memorial Day, Independence Day, Labor 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 previous Friday shall be deemed a holiday. If holidays occur on
Friday and Saturday or Sunday and Monday then, Thursday and Friday or Monday and Tuesday
are deemed the 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 advance by the employee's supervisor. No cash payment or roll
over from year to year shall be made to employees for floating holidays not taken.
With the exception of protective service, part-time, and seasonal employees, non-exempt
employees required to work on a recognized holiday shall receive two (2) times their rate of
hourly pay for hours worked in addition to the holiday pay.
As a condition for payment of holiday pay, every employee shall report for work on the
scheduled work day before and after the recognized holiday unless such employee is on an
approved form of leave.
209 INCOME CONTINUATION INSURANCE (ICI)
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 work related sickness or injury. The plan is not a guarantee of employment. The plan
provides replacement income for disabilities that are considered short term in nature, as well as
those that may last for extended periods after employees exhaust all accrued paid leave time. The
City will pay the premium for the 180 day elimination (waiting) period. Employees may select a
shorter elimination (waiting) period of 30, 60, 90, or 120 days. If employees desire a shorter
elimination period, they are required to pay the necessary additional premium.
211 LEAVE OF ABSENCE
Leaves of absence without pay shall be granted to employees for a justifiable reason, 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 military leave or FMLA, will be made on the basis of staffing requirements
of the employer.
At expiration of the leave without pay, the employee shall be reinstated in the position which is
vacated or in an equivalent position which is vacant if he/she meets the stated qualifications.
Leave without pay shall not constitute a break in service. Additionally, employees who are on an
approved leave without pay do not accrue paid time off during their unpaid leave or any other
benefits related to time worked.
Except for military leave or Wisconsin FMLA, a leave of absence shall not be granted unless an
employee has exhausted all accumulated, compensatory time, vacation days, aAd floating
holidays, and sick leave when applicable.
212 LIFE INSURANCE
1. Enrollment - Employees should enroll for group life insurance immediately a€tef
eempleti ng six menths of sen4ee withthe Git . Failure to do so will require the employee
to apply for life insurance through medical evidence of insurability.
215 SECTION 125 -FLEXIBLE BENEFIT PLAN
The Flexible Benefit Plan is a program that was enacted by Congress in 1978 and is open to
regular City employees. The plan allows employees to pay for certain expenses using pre-tax
dollars. Employees deduct monies from their paycheck before federal, state, Social Security and
Medicare taxes are calculated. The monies are withheld from each paycheck in equal
installments and reimbursed once an employee shows proof that the service was rendered. This
plan allows three two separate categories of expenses to be claimed up to annual maximums. The
categories are: ifldepe .dent v..o.,.,itt Featu,.o, Dependent Care Reimbursement, and Medical
Reimbursement.
217 SICK LEAVE
6. Unused Accumulation - Unused sick leave shall accumulate without limit unless other
collective bargaining agreements apply to the contrary. Unused accumulated sick leave
up to 150 days shall be paid to employees who die in service or retire on an immediate
Wisconsin Retirement System annuity, at one-half the employee's pay rate in effect at the
time he/she retires or dies. Employees receiving a WRS annuity during employment with
the City of Oshkosh are not eligible for the payout portion of this benefit.
303 USE OF TELEPHONES/CELL PHONES
Employees are encouraged to avoid making or receiving personal telephone calls 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 event that it is more organizationally cost effective for an FLSA exempt employee to use
their cell phone for work purposes rather than the employee 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 in order to facilitate this savings for the
organization and convenience of the employee. This option is only available with prior
supervisory and Information Technology Division approval.
305 INFORMATION TECHNOLOGY POLICY
1. E -Mail System
h. Email Access Outside Normal Working Hours — FLSA non-exempt employees
are prohibited from accessing their email during non work hours without prior
written supervisory, Human Resource, and Information Technology Division
approval.
14. Organizational and Personal Use of Social Media
The City understands the value of social media for providing quick and easily accessible
information and interaction with the public, building relationships, encouraging use for
customer service, increasing citizen knowledge & involvement while furthering the goals
of the City.
a. Purpose - This policy provides the framework for use of social media when
authorized by the City as part of an employee's job duties. This policy also
provides general guidelines for the personal use of social media by all employees.
The forms of social media or technology include, but are not limited to Facebook,
Linkedln, MySpace, Twitter, Pinterest, YouTube, Instagram, video or wiki
postings, chat rooms, blogs or other similar forms of online journals, diaries or
newsletters.
City -owned technology resources are the property of the City, as is all data
created, entered, received, stored, or transmitted via City -owned equipment. All
use of social media or similar technology is subject to all City policies.
b. Definitions - Terms as used within the context of this policy are defined as
follows:
1) Social Media — a means of interactions among people and organizations in
which they may create, share, and exchange information and ideas in virtual
communities and networks.
2) Social Media Site — Any platform on which to build social networks or social
relations for the sharing of information of common interest
3) Blog — discussion or informational forum published on the World Wide Web
and consisting of discrete entries ("posts") typically displayed in reverse
chronological order.
4) Facebook — social media network found at Facebook.com
5) Twitter — social media network found at twitter.com
6) Spam — unsolicited bulk messages, especially advertising, indiscriminately
sent to any number of recipients
c. Work Related Social Media Guidelines
1) Employees are not permitted to use social media, blogging, or technology
during working hours or at any time on City computers or other City -supplied
devices unless specifically authorized by their supervisor to do so as part of
employee's job responsibilities.
2) Employees may only establish sites, blogs, pages, or accounts in their official
capacity as City staff on a social media site with the authorization of their
Department head. Notification of all new official Social Media sites must be
provided to the IT Manager, for incorporation into the overall City social
media presence. All City authorized social media sites are to be sponsored by
a City agency or department and the content of such site will become the
responsibility of the department.
3) Permission to author content on City authorized social media sites will only be
granted to those employees who are authorized to speak on behalf of the City
via these electronic communications mediums.
4) Employees so authorized shall be referred to as designated social media
representatives and such designation shall be made by the employee's
Department head with timely notice to the Information Technology (IT)
Manager.
5) Employees are expected to recognize the confidentiality of certain City
information, and the privacy rights of employees and residents, and are
prohibited from disclosing confidential, personal employee and non-employee
information and any other proprietary and/or non-public information,
including images, to which employees have access. Questions regarding
whether information has been released publicly or doubts regarding the
propriety of any release, shall be directed to the employee's supervisor, before
posting the information.
6) When communicating electronically, employees are expected to speak
respectfully about the City and City -related matters. Employees shall limit
their communication to items in which the employee is authorized to speak
and to identify themselves and their role with the City.
7) Employees may not publish content to any website or social media application
that is unrelated to subjects associated with their position with the City. When
writing about City matters employees are expected to add value and provide
worthwhile information and perspective.
8) Employees are expected to follow copyright, fair use and Wisconsin public
records laws when using on-line communications. The use of copyrighted
materials, unfounded or derogatory statements, or misrepresentation is
prohibited.
9) All official City of Oshkosh social media sites and Blog posts made or cases
where an employee is speaking as a representative of the City will include the
following disclaimer: "The information on this site is provided as a courtesy
for informational purposes only. Please contact the listed City staff contact for
this (site, page, etc) to confirm the accuracy of the information on this site.
Content on this site is not to be construed as a legal notice"
10) Honor the privacy rights of our current employees by seeking their permission
and the permission of their Department head before including individual
employee in any social media postings.
11) Authorized social media sites are not to be used to express a political view
point or endorse a political candidate.
12) Be aware of your association with the City and that at all times you serve as
an ambassador of the City of Oshkosh.
d. General Social Media Site Guidelines
All City social media sites must be sponsored by a department. The department
must include a link to this site from their departmental home page and the City's
official social media directory, on the City's official website.
The accuracy, quality and timeliness of all content on an authorized social media
site is the responsibility of the sponsoring department. Likewise, the
authorization of the appropriate staff to maintain such a site is also the
responsibility of the sponsoring department.
It is the department head's responsibility to maintain compliance with this policy
and all other applicable policies or laws in the management of their department's
social media site(s).
When creating a City social media site, page, etc, all departments and employees
should adhere to the following guidelines:
1) Appropriate use: All communications carried out on City equipment or City
sponsored electronic media must adhere to the appropriate use guidelines set
forth in the technology use policy.
2) Encourage one-way communication when possible
3) Comment Disclaimer: Any City authorized social media site which allows
comments to be posted must display the following comment disclaimer:
This is not an open public forum. The purpose of this site is to present matters
of public interest in the City of Oshkosh, including information useful to its
many residents., businesses and visitors. Comments expressed on this site do
not necessarily reflect the opinions of City of Oshkosh, its officials or
employees. We encourage you to submit comments. Once posted. the City
reserve the right, but assumes no obligation to delete submissions that are
illegal, obscene, defamatory, threatening, invade privacy, or which are
considered to be offensive to anyone or may infringe upon the intellectual
property or copy rights of others. The City does not necessarily review all
posted comment on a regular basis. Furthermore, the City reserves the right
to delete any comment for any reason and will immediately delete any
comments that include: spam or links to other sites; are clearly off topic;
advocate illegal or illicit activity; promote particular products, services or
vendors; infringe on copyrights or trademarks; or advocate for a particular
political parry, candidate or point of view. The City takes no responsibility
nor assumes any liabilityfor any content posted on this site. Please contact
the site administrator with concerns related to any posting.
Departments are required to enforce this policy and verify that all posts
comply with these guidelines. The following are prohibited:
a) Spam
b) Off topic posts
c) Promotion of illegal activity
d) Copyrighted or licensed material
e) Promotion of political organization
f) Promotion of products or services
g) Personal attacks
h) Personal information protected by DPPA, HIPAA and any other statute or
law
i) Violent, obscene or discriminatory comments
j) Repetitive posts
4) Administrative Structure: Any City authorized social media site will require
the following:
a) Assigned administrator: this person will be responsible to see to it that the
use of the social media site adheres to this policy and all related City
policies. The name of the site administrator must be filed with a request
for an authorized social media site to the department head.
b) Backup administrator: to prevent issues related to site administration
during the absence of the site administrator, all authorized sites must have
a named backup administrator filed as part of the request for an authorized
site. It is the responsibility of the sponsoring department head to update
this information should authorized personnel change.
5) Notification to Administration: The Information Technology Manager is to be
made aware of any and all Department sponsored social media sites, to
include the following information:
a) Site Address
b) Purpose of Site
c) Administrator & backup administrator of the site
d) Type of communication, one-way, two-way moderated, open two-way
6) Required elements of a City authorized social media page: technology
permitting, all City sanctioned social media sites should contain the following
information in a prominent place on the site:
a) City Department clearly identified
b) Stated purpose of page
c) Comment disclaimer (see section IV (3) above)
d) Notification that violations of comment policy will result in blocking user
e) Disclaimer (see section III, (9) above)
f) Official contact for page
7) Prohibited content: The following types of content are prohibited on City
sponsored social media sites:
a) Political opinions or endorsements, campaign adds or links to any such
content
b) Content that may be considered offensive
c) Content not related to the stated purpose of the particular social media site
8) Blogs must be reliable and dependable. Once a blog is started, it must be
regularly updated and maintained.
9) Posts must be accurate, fair, unbiased, and reflect positively on the City of
Oshkosh.
10) Posts should not be edited after the fact. When making changes to previous
posts indicate that you have done so.
11) All blog postings will be monitored. Employees have no expectation of
privacy in their use of City technology resources. The City may remove any
blog entry deemed to be inappropriate, outside the scope of their authority, or
in violation of City policy as determined by the Department head and/or the
Director of Administrative Services.
e. Personal use of Social Media
City of Oshkosh respects the right of employees to use social media and does not
discourage employees from self -publishing, self-expression and public
conversation and does not discriminate against employees who use these mediums
for personal interests and affiliations or other lawful purposes. Employees are
expected to follow the guidelines and policies set forth to provide a clear line
between you as the individual and you as the employee of City of Oshkosh. The
city may access personal internet accounts as provided by Wisconsin state statute
995.55 (internet privacy protection).
1) Employees cannot use employer -owned equipment, including computers,
tablets and smart phones, City -licensed software or other electronic
equipment, facilities or City time, to conduct personal use of social media.
2) Information posted on social media sites can be used by the City as evidence
in disciplinary actions.
3) Employees are encouraged to be careful in their use of social media to avoid
the appearance of using that media in an official capacity.
4) Employees shall not post confidential or copyright information.
f. Employer Monitoring
Employees have no expectation of privacy while using the City's technology
resources for any purpose, including authorized social media. The City monitors
all such use and may withdraw content deemed to be inappropriate, outside the
scope of an employee's authority, or in violation of City policy as determined by
the Department head and/or the Director of Administrative Services.
g. Reporting Violations
The City requests and strongly urges employees to report any violations or
possible or perceived violations of this policy to supervisors or Human Resources.
h. Discipline for Violations
The City will investigate all reports of violations of this policy.
i. Specific Social Media Guidelines
Legal implications of City use of social media relate primarily to:
1) Copyrights of video footage and photos uploaded by City representatives.
Risks can be mitigated by following these standard operating procedures:
a) City source materials. Use only photos and videos produced by the City or
contractors working directly on behalf of the City
b) Obtain written copyrights. If copyrighted materials are used, be sure to get
and maintain physical records of copyright licenses and honor any
branding or labeling requirements specified in the copyright license.
2) Privacy rights of individuals who become friends, fans or followers of City
sites. Social media users will follow these guidelines:
a) Account. City representatives who set up accounts should use a general
office e-mail account, department name and general office phone number
if possible.
b) Restrict to Find People and Follow People. City representatives should not
follow private citizen or commercial profiles from within their City social
networking profile. While we cannot necessarily stop all people from
being Friends, Fans or Following us, we should not click onto the profiles
of our Friends, Fans and Followers.
c) Comments and Discussions. When possible, disallow comments and
discussions on social media administrator profiles. If it is not possible to
disable this function, representatives must refrain from participating in
dialogue and online discussions with social profile visitors, rather direct
them to the moderated official page.
d) Ensure that contributions reference existing City web site content and
added content/comments are set to be e-mailed to the City representative
to remain compliant with Wisconsin open records law.
3) Accessibility rights are governed by Section 508 of the Rehabilitation Act (29
U.S.C. 794d), compliance and web accessibility for people with visual and
hearing disabilities. Social media users will follow these guidelines:
a) Video captions and transcriptions. Embed captions within videos as part of
the postproduction process. Provide transcripts of videos and attempt to
include these transcripts on the social networking site. Maintain Section
508 compliant videos, captions and transcripts on the City's website and
attempt to link back to the City website from the social networking site.
b) Photo - alternative descriptions. Name the photo after the description
before uploading it to the social networking site. Write text captions and
descriptions when social networking site makes these form fields
available.
c) PDFs. Work to make document compliant in source format before
converting to a PDF. Use formatting such as headers when applicable.
Embed hyperlinks within the anchor text rather than supplying the
physical URL to the right of anchor text.
4) Brand management of City logos and color or style guides. Social media users
will follow these guidelines:
a) Profile Picture. City profiles should upload the City or department logo as
their picture. It is important to use the City or department logo to
demonstrate authenticity.
b) Profile Design. City profiles should use colors consistent with the City's
brand, and should not use extraneous or distracting design. All design
should be in keeping with Section 508 compliance (web accessibility)
needs and maintain professionalism and consistency with City branding.
13. Electronic Tablet Use
To enhance access to information necessary to make informed decisions and to achieve
operational efficiencies, the City of Oshkosh will provide information in Portable
Document Format (PDF) format and (User) electronic tablet devices (tablets) to retrieve
and review this information when appropriate.
When working with electronic tablet devices, all departments and employees should
adhere to the following guidelines:
Tablets are provided to Users and select staff members by the City of Oshkosh and
are intended for City business.
2. Tablets provided to Users pursuant to this Policy/Agreement will only have access to
the City's public Wi-Fi network and will not have access to the City's internal
network. As a consequence, they are exempted from restrictions that apply to other
City -owned computing devices. Staff members who are granted access, are not
exempted from City related policies.
3. Each person to whom a tablet is provided is the custodian of their own records for
Wisconsin Public Record purposes. Information Technology division archives City
email for the statutorily required retention. Therefore it is strongly recommended that
a City email account be used for all City business. A City email account has been
created for each User. Tablet access to a City email account will be provided during
initial training, either directly or through Outlook Web Access. Those that conduct
City business using personal email accounts are responsible for archiving those
accounts as required by law.
4. The City Information Technology division will initially load predetermined settings
and applications to tablets. These will include:
a) Setup for Wi-Fi access using city Public Wi-Fi access.
b) Adobe Acrobat application for reading and managing meeting agendas, packets
and related information will be installed during initial training.
c) Upgrades to tablet operating systems and core applications may affect any
personal information that is stored on the tablet.
5. Training shall be provided to Users initially and as needed or requested.
6. Each User will have a tablet specific Gmail account established, which is created by
Information Technology division, to access the Google Play Store. The User will not
modify this account information in any way. Information pertaining to scheduled
meetings (i.e., meeting packets) will be available for download to the tablet using the
Adobe Reader application installed by Information Technology.
7. Any personal information that is stored on the tablets remains subject to Public
Records Law. The City of Oshkosh is not responsible for the loss of personal
information while in the process of providing maintenance and upgrades to the tablets
operating system or applications.
8. Public wireless connections should be used with caution and should not be considered
secure. Extreme caution should be practiced when sending or receiving confidential
or sensitive material.
9. The City of Oshkosh will not reimburse Users for any applications that the User has
personally purchased using a credit card, gift card, store card, PayPal or any other
method of personal payment. Information Technology division will not provide
support to personal applications.
10. The City of Oshkosh may send a remote wipe signal to that member's tablet if the
tablet is lost, stolen or not functioning properly. This will delete all City related
information with the email profile.
310 SMOKING/TOBACCO USE
2. Prohibited Conduct — It is unlawful and a violation of this policy for any person to
engage in smoking in any form through the use of tobacco products, "vaping" with e -
cigarettes, or any similar products or technology in any City of Oshkosh building or
vehicle.
3. Notification — All buildings and vehicles shall be posted in accord with the terms of this
policy and Wisconsin Statue 101.123. Posting 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 of tobacco products, "vaping" with e -cigarettes, or any similar
products or technology is prohibited.
312 WEAPONS
For the purposes of this policy, weapon shall mean without limitation because of enumeration:
any firearm, whether loaded or unloaded; any device designed as a weapon and capable of
producing death or great bodily harm; any electric weapon as defined in Sec. 941.295(4), 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 be drawn without the necessity of
contact with the blade itself, martial arts type weapons such as, without limitation because of
enumeration, throwing stars, Tonfa, Nunchaku, fighting 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.
Regardless of whether an employee possesses a concealed carry weapon 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 employment. An employee may not
possess any weapon in any city -owned or leased vehicle. This policy shall not apply to law
enforcement 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 an
employee from carrying a concealed weapon or ammunition or from storing a weapon in the
employee's own motor vehicle, whether that vehicle is used in the course of employment or
whether the vehicle is driven or parked on City property.
313 TRAVEL
18. Preparation of Travel Expense Report - All individuals should prepare their expense
reports from daily receipts. All information required should be supplied. Receipts and
other required supporting documents should be stapled to the upper left hand corner of
the 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 amount due you. Your expense report should be signed in the space provided
before submission to your Department Head or designee.
Travel expense reports (original andoneeeff) shall be filed with the Finance
Department within ten working days upon return to work by the employee.