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R-2266-2-04RESOLUTION NO. 2266-2-04(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING AMENDMENTS TO THE PERSONNEL POLICIES AND PROCEDURES MANUAL TO UPDATE ALL EXISTING POLICIES AND ADMINISTRATIVE DIRECTIVES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council previously adopted the City of Allen Personnel Policies and Procedures Manual on Jane 20,1991; and, WHEREAS, the policy contemplates that from time to time revisions and amendments should be made to the manual; and, WHEREAS, it is the responsibility of the City Council to adopt amendments to the manual. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: The City of Allen Personnel Policies and Procedures Manual is hereby amended by the policies attached hereto as Exhibit "A" where are hereby approved. SECTION 2: The City Council directs the City Manager, or designee to codify and promulgate the revised policies set forth herein for the benefit and understanding of all City employees. SECTION 3: All resolutions of the City of Allen, Collin County in conflict with this resolution are hereby repealed. SECTION 4: The City of Allen Personnel Policies and Procedures Manual as amended herein shall continue in full force and effect until amended or repealed by resolution of the City Council. SECTION 5: This resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 24TH DAY OF FEBRUARY, 2004. ATTEST: Shelley B. Georg C, CITY SECRETARY LJ APPROVED: Stephen Yerrell, MAYOR CITY OF ALLEN City of Allen Administrative Directive & Policy Manual This manual contains all Administrative Directives and Personnel Policies and Procedures governing employment related issues within the City of Allen. The purpose of this manual is to provide employees with a comprehensive source of information on the formal policies and procedures to be followed as an employee of the City of Allen. The policies themselves are designed to create a workplace that is efficient, united, responsive, and respectful. The issuance of this manual in no way constitutes a contract between the City and its employees or changes the at will nature of employment with the City of Allen in any way. No manual can anticipate all circumstances that may arise. Exceptions to this manual or actions taken that are not covered within the manual remain the sole prerogative of the City Manager. Applicability: These policies apply to all City employees regardless of position unless otherwise noted in a specific policy. Enforcement: Enforcement of these policies will be handled in the manner prescribed by the individual policies. The general and final authority for human resources management rests with the City Manager, who may delegate it as necessary and proper, except for matters reserved to the City Council. There are two general kinds of policies contained within this manual. Administrative Directives are developed by the administrative department and approved by the City Manager. Administrative Directives deal mostly with on the job activities and procedures. Personnel Policies & Procedures are created by the Human Resources Department and must be approved by the City Council to take effect. These policies cover conduct, benefits, standards of conduct and termination, and other issues tied to employees instead ofjob tasks. Administrative Directives may be revised at the discretion of the City Manager. Personnel Polices & Procedures may only be revised after approval by the City Council. Questions, comments, or suggestions on this manual or the policies contained herein can be directed to the Human Resources Department. Table of Contents Administrative Directives Section 1 Number 1: Dress Code Policy Page 4 Number 2: Office/Building Policy Page 7 Number 3: (Replaced by #27) Number 4: (Replaced by #5) Number 5: City Cable Channel & Video Production Page 12 Number 6: City Web Site Links Page 18 Number 7: Procurement Policy Page 19 Number 8: Management of Information Systems Page 41 Number 9: (Replaced by #14) Number 10: Media Relations Page 45 Number 11: (Replaced by #25) Number 12: Capitol Improvement Projects Page 50 Number 13: (Replaced by #23) Number 14: (Replaced by #33) Number 15: (Replaced by #34) Number 16: Grant Procedures Page 53 Number 17: Advertising Procedures Page 56 Number 18: Wireless Telephones and Pagers Page 57 Number 19: P.R.I.D.E. Program Page 61 Number 20: Purchase of Business Cards Page 69 Number 21: Business Diversity Program Page 71 Number 22: Tree Mitigation Application Page 78 Number 23: (Replaced by 32) Number 24: City Cash Handling Procedures Page 80 Number 25: Accounts Payable Page 83 Number 26: Vehicle Replacement Fund Page 88 Number 27: City Vehicle Use Page 96 Number 28: City Identification Cards Page 107 Number 29: Tuition Reimbursement Page 108 Number 30: Employment Procedures Page 111 Number 31: Separation Processing Page 116 Number 32: Travel Expenses Page 118 Number 33: Petty Cash Page 125 Number 34: Protocol for City Ceremony Page 130 Section l: Administrative Directives CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: DRESS CODE POLICY NUMBER: 1 EFFECTIVE DATE: MAY 22, 2000 Business Casual attire AMENDS/SUPERSEDES: APPROVED: PETER H. VARGAS, QTY MANAGER DRESS CODE POLICY FOR ALL NON -UNIFORMED EMPLOYEES Note: Uniformed Personnel should refer to the dress code specific to their department. Employees of the City of Allen are expected to be neat, well-groomed, and appropriately dressed each day. Employees should be aware that some individuals have sensitivity to odors and fragrances, and to use good judgment in regard to this. The City of Allen has the right to expect and does expect all employees to have sufficient pride in their work and their association with the City of Allen and to exercise mature discretion in appearance, dress, and demeanor. Since opinions about what constitutes appropriate attire vary, the City has established the following guidelines. GUIDELINES Business Professional dress is required for all public meetings unless otherwise specified by the City Manager. Employees attending seminars should dress appropriately as they are representing the City of Allen. Business Professional attire is required Monday through Friday for all Department Heads and Executive Team Members. However, Business Casual is allowed as an option for Friday Dress. BUSINESS PROFESSIONAL APPROPRIATE ATTIRE NOT APPROPRIATE ATTIRE Long- or short -sleeved dress shirt and tie Business Casual attire Dress slacks, dress shirt, sportcoat/blazer and tie Suit, dress shirt and tie Attire coordinated around conservative suits anted or skirted , dresses, pant suits Dress blouses or shells (not t -shirts) with suits, slacks or skirts Blazers, sweaters, vests, cardigans "OPTIONAL " FRIDAY DRESS Business Casual attire All items listed as "not appropriate" under Business Casual attire City of Allen logo polo or long-sleeved shirts leans of any color, shorts, capri pants, cropped Business Casual is allowed Monday through Friday for all employees, except Department Heads, Executive Team Members and uniformed personnel, during regularly scheduled business hours. BUSINESS CASUAL APPROPRIATE ATTIRE NOT APPROPRIATE ATTIRE Traditional business attire leans of any color, shorts, capri pants, cropped ants, skorts ors lit skirts of my kind Dockers style, dress cords and dress slacks Sweatpants, sweat suits, nylon jogging suits or sport cover-ups Long- or short -sleeved shirts or blouses, golf T-shirts or sweatshirts; City Board/Commis- shirts, polo shirts with collars or banded cion t -shirts or sweatshirts will only be allowed collared shirts, turtleneck shirts on certain occasions as designated by the approprnate Department Head Dress blouses or shells (not t -shirts) with suits, Halter, tank, tube, backless or midriff tops slacks or skirts Loose knit pants with blazer or appropriate Spandex pants, leggings or tight knit pants cover extending below the hips Blazers, s ortcoats, sweaters, vests, cardigans Athletic shoes, sneakers, flip-flops Denim dresses, skirts and blouses, jumpers Mini -skirts or son dresses with blouses "OPTIONAL"FRIDAYDRESS Everything on the Business Casual list All items listed as "not appropriate" except where noted as "appropriate" under Friday Dress City of Allen logo polo or lon -sleeved shirts NOTE: Male employees are allowed neatly trimmed facial hair. My accessories, includingjeweby, must be consetvetive in keeping with a business environment. City of Allen logo and long-sleeved shirts must conform to certain specifications. Allowable styles, colors and purchasing information will be forwarded to the Department Heads. These shirts will not be provided by the City. Questions as to the appropriateness of apparel or appearance should be directed to the employee's supervisor and/or applicable Management Team Member. The City of Allen reserves the right to determine if an employee's attire is not in keeping with this policy, and if so, the employee may be asked to return home to change to proper attire. This time may be charged to vacation leave, or if the employee has none, leave without pay. TIPS FOR OFFICE DRESS Remember, the goal is for all employees to project a professional image. Any dirty, wrinkled, revealing, frayed, or ill-fitting clothing is inappropriate. Extreme fashion trends are unacceptable. A good rule of thumb — if you question whether an item is acceptable, it probably is not. EXCEPTIONS Exceptions to these guidelines may apply where the position warrants and must be approved jointly by the City Manager and the Director of Human Resources. Exceptions may be made to comply with laws related to disability accommodation, or religious beliefs or practices, on a case-by-case basis. Employees with medical conditions that require clothing items that are not allowed under this policy should get medical certification from their primary care physician. Jeans and athletic shoes may be worn under special circumstances with the approval of the City Manager. Special event t -shirts may be worn the workday preceding the event and the day of the event. Seasonal exceptions: Walking shorts (appropriate length of 2-3 inches above the knee) are allowed to be worn by employees working outdoors during specified times as designated by the appropriate Department Head and the City Manager (i.e., Parks and Recreation, Community Services, Engineering). Within this framework, the City of Allen allows for Business Casual dress that is acceptable. Department Heads may choose to modify the lists for their areas, only to the extent of removing certain items from the "Appropriate Attire" lists. ENFORCEMENT Supervisors are to enforce these guidelines of dress and speak to employees who report to work in inappropriate clothing. If the employee continues to violate this policy, disciplinary action may be taken. CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: OFFICE/BUILDING POLICY NUMBER: 2 EFFECTIVE DATE: MAY 22, 2000 AMENDS/SUPERSEDES: APPROVED: PETER H. VARGAS, CITY MANAGER BUILDING POLICIES AND PROCEDURES FOR THE MUNICIPAL COMPLEX Employees located in all City buildings will follow the Office/Building Policies and Procedures guidelines as outlined in this policy. The Allen Public Library, the Fire Department, the Police Department and the Joe Farmer Recreation Center each have a departmental policy pertinent to their specific conference rooms, meeting rooms and break rooms. ENFORCEMENT OF OFFICEBUILDING POLICIES AND PROCEDURES Supervisors are to enforce the guidelines of the Office/Building Policies and Procedures. Failure to comply with the policies could result in disciplinary action under the City's Personnel Policies and Procedures. PARKING City Hall employees will park in the south and southwestern parking lots to allow visitors and citizens access to the closest parking spaces. FOOD AND BEVERAGES — PUBLIC AREAS AND MEETING ROOMS Food and beverages are not allowed in the public areas unless approved by the City Manager. If applicable, consumption of food and beverages will be allowed in all conference rooms for meetings with the City Council, City staff, and/or board members/visitors/citizens attending the meetings in order to conduct official City business. Consumption of food and beverages in the Municipal Complex for special occasions and events in the Council Chambers and public meeting rooms is covered under separate policy. FOOD AND BEVERAGES—EMPLOYEES Employees are prohibited from consuming meals in all areas of the Municipal Complex except the break room. Employees will be permitted to consume snack foods and beverages at their desks. However, no hot foods (i.e., popcom, hot pockets, sandwiches) will be allowed at the desk area. Coasters will be furnished and should be used for beverage containers to prevent damage to the furnishings. Centralized coffee preparation is allowed in designated areas. Coffee/other beverage preparation in private offices and individual workstations is prohibited. SMOKING OR TOBACCO USE The Municipal Complex is designated as a tobacco -free facility. The use of all tobacco products is strictly prohibited inside the building and on all grounds surrounding the complex with the exception of the patio located outside the break room, the plaza area of the first floor east wing, the plaza area outside the Council Conference Room and all parking lots. All trash shall be placed in the proper receptacles. POSTING OF ANNOUNCEMENTS All official City postings must be approved and initialed by the City Secretary or designee prior to posting on the official bulletin board. Sufficient time for review must be allowed prior to posting. Display or posting of materials on any department bulletin boards must be approved by the Department Head. The Department Head shall affix his/her initials in the lower right hand portion of the material to be displayed or posted. Any item not bearing the initials of a Department Head shall be removed immediately and discarded. Posters or notices advertising religious, political or commercial events of products will not be allowed on any departmental bulletin boards. Information to be included on the City website should be forwarded to the Public Information Officer. Special exceptions for postings of announcements may be authorized by the City Manager. FURNITURE AND DECORATIONS Fans/heaters may be used on a temporary basis and should be kept out of public view. Only three prong, grounded, industrial extension cords (no orange ones!) may be used and the Maintenance Department must approve the use. Any items to be hung on the wall (artwork, diplomas, maps, etc.) need to be framed or have a finished taped border (for example - finished tape border on laminated maps prepared by Keep -Safe Laminating). These items are to be reviewed in advance and approved by the Department Head and/or the City Manager. Wall calendars and large wall planners are to be kept within an employee's workstation or private office and not displayed in public view. The calendars and wall planners do not need to be framed. Cartoons, news clippings and posters are prohibited. No items will be hung, attached, or affixed to the building structure or walls, doors, windows or any article of furniture except as approved under this policy. Only the Maintenance Department will be authorized to hang any approved items. Bulletin boards, except when incorporated as part of a workstation, are prohibited. However, departmental bulletin boards that have been authorized by the Department Head are allowed. Only offices/workstations equipped with fabric walls or material intended for such use may use pushpins to secure maps and other approved items. Radio volume must be such that it does not disturb others. No items will be placed on the top of the systems furniture or the overhead bins. All personal items should be kept to a minimum to maximize the individual workspace. Personal photos should be framed and placed on desktops, credenzas, bookcases or systems furniture. All desk accessories should be complimentary to the furniture and decor. Plants should be limited and placed in containers (baskets, brass, plastic, ceramic, etc.) that include a drip-pan to eliminate the chance of leakage. Decorative brass or colored containers are suggested for consistency with the decor of the complex. Pots made of unglazed clay or paper are prohibited. Plants should not spread over the desk/credenza top. Personal plants will be the responsibility of the employee. Live plants placed in appropriate containers on the floor in any private office or individual workstation should not create an obstacle for the traffic flow and will be maintained by the respective employee. The Parks and Recreation Department will oversee all activity concerning the upkeep of the live plants in the common areas that are used as decoration throughout City Hall. No candles will be allowed. All public counters will remain free of clutter including, but not limited to, literature and literature holders. The Department Head may require at any time that a "decoration or furnishing' be removed if it is deemed to be in "poor taste" or disruptive to a professional work environment. The purchase and placement of art and decorations in the large open or common areas will be undertaken by the City Manager and the corresponding Departments. SIGNAGE No signage, other than approved with the complex plan, is permitted without approval by the City Manager and must be consistent with existing signage. All signage must be installed or hung by the Maintenance Department. BREAK ROOM No personal dishes, silverware or appliances will be stored in the employee break room overnight. At the end of the week, the Cleaning Crew will discard any silverware, coffee cups, or dishes left in the kitchen. Break room refrigerators and freezers may be used for short-term storage of food and beverages. At the end of the week, the Cleaning Crew will discard any items left in the refrigerators or freezers. No small/portable refrigerators will be allowed in the Municipal Complex unless authorized by the City Manager. Microwaves will only be allowed in the break room, the City Council kitchen and the third floor copy room. All trash should be placed in the proper receptacles. WAITING AREAS All waiting areas are the responsibility of the departments that utilize the waiting area. These areas must be continually checked to ensure that they are neat and tidy and clear of trash and clutter. The waiting areas will be checked each evening upon departure. The Cleaning Crew will clean each waiting area during routine evening rounds. RESTROOMS No personal effects, toiletries or grooming items will be placed in the restrooms accessed by the public. KEYS AND LOCKING SYSTEM Copying or loaning any issued key for the complex is strictly prohibited. All offices and main doors shall be locked at the end of each working day. Additional information will be provided at a later date. CONFERENCE ROOM AND MEETING ROOM SCHEDULING All conference rooms will be reserved prior to the meeting with the staff liaison listed below. All staff in attendance at the meetings will be responsible for discarding all trash and returning the room to its original condition before leaving the room. Food and beverages are allowed for meeting purposes if approved by the appropriate Department Head. Scheduling of common conference rooms, training rooms or the Council Chambers for City meetings in which public or private business is to be conducted will occur as follows: Administration — Council Chambers — City Secretary Department Council Conference Room — City Secretary Department City Manager's Conference Rooms — City Manager's Office Human Resources Conference Room — Human Resources Department 10 Human Resources Training Room — Human Resources Department Plan Review/Small Conference Room — Engineering Department Large Conference Room/1 at floor — Engineering Department Community Services Conference Room — Community Services Department Finance Conference Room — Finance Department Parks and Recreation Conference Room — Parks and Recreation Department Police Department — Training Room — Police Department Records Clerk Library — Community Room — Library Staff Conference Room — Library Staff Joe Farmer Recreation Center — Commurmy Room — Recreation Center Staff Bethany Lakes Club House — Recreation Center Staff COUNCIL CHAMBERS AND PUBLIC MEETING ROOMS Policies and procedures for the Council Chambers and public meeting rooms are covered under a separate policy. STORAGE All departmental items will be stored in the department area with the exception of all official City records. All official City records will be stored under the direction of the City Secretary's Department. Record Liaison Officers are responsible for complying with the Local Government Records Act and keeping all storage areas neat and organized. REPAIRS The Maintenance Department must make any and all repairs. No pins, nails, glue, tape or any other device or adhesive may be used unless provided and approved by the Maintenance Department. 11 CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: CITY CABLE CHANNEL & NUMBER: 5 VIDEO PRODUCTION POLICIES & PROCEDURES EFFECTIVE DATE: April 7,2003 AMENDS/SUPERSEDES: EFFECTIVE APPROVED: FEB. 14, 2001 PETER N. VARGAS, CITY MANAGER -11 CITY CABLE CHANNEL & VIDEO PRODUCTION POLICIES & PROCEDURES I. PURPOSE The purpose of this manual is to outline the procedures for programming of the City's cable television channel and in-house video production services. City 6 is a government channel. There are no legal requirements to broadcast any type of programming that is not government related. City 6 is dedicated to providing programming that is centered on government programs, activities, and services. II. OBJECTIVES The primary objectives of the City of Allen cable channel are as follows: • To increase awareness of activities and deliberations of legislative and advisory bodies of the City of Allen. • To provide information to the citizens of Allen concerning the services, facilities, functions and operations of the City. • To assist and encourage citizen participation in City programs and services to the maximum extent possible by providing general information. • To assist with the internal training of City departments. • To provide information on public health, safety, and welfare issues. u1u 11LN A. TYPES OF PROGRAMMING The Public Information Office offers three (3) basic programming services. 1. Community Bulletin Board — Informational messages displayed in typewritten or graphic form. The bulletin board is in operation when no other programming is scheduled. 12 2. Live Cablecast — The televising of an event as it is happening. Live coverage of City events will include, but is not limited to, City Council meetings, Planning and Zoning Commission meetings, and special meetings as requested by City departments only. Live events may be taped for archival or rebroadcast purposes. 3. Taoe Delayed Cablecast — A program or event videotaped for cablecast at a later time. City Council meetings and Planning and Zoning Commission meetings will be cablecast both live and by tape delay at set times during the week. a. In -House Productions — A program or event produced by the City of Allen Public Information Office. Public Service Announcements (PSA's) — Short videotaped spots announcing events or issues of importance to the citizens of Allen produced by the City of Allen Public Information Office. This includes City 6 station ID's. ii) Training Tapes — histmctional videotapes used to discuss, outline, and/or summarize departmental functions or techniques. Training tapes shall be produced by the City of Allen Public Information Office for internal use and can be cablecast on City 6 when appropriate. iii) Informational Programming — Programs on a variety of topics produced by the City of Allen Public Information Office for cablecast at a later time, such as Access Allen, AEDC's Business Landscape, and City produced training tapes. iv) Documentation — The videotaping of a meeting or event for educational, training or archival purposes. b. Outside Productions — A pre-recorded program or public service announcement (PSA) produced outside of the City of Allen Public Information Office. B. REQUESTS FOR PROGRAMMING 1. Procedure a. Requests for the Community Bulletin Board, including graphics, must be submitted in writing or via E-mail to the Public Information Officer. b. Requests for programming other than the Community Bulletin Board must be made in writing on a Production Request Form to the Public Information Officer. 13 C. Production Request Forms are available through the Public Information Office and on the City's Common Drive. d. All requests are subject to the approval of the Public Information Officer and the availability of the video production staff and equipment. 2. Request Deadlines — In order to allow for proper production, scheduling and publicity, requests must be submitted according to the following guidelines: a. Community Bulletin Board: Requests must be received fifteen (15) business days in advance of the scheduled event. i) Information that changes frequently, such as job listings, will be updated as necessary. ii) Information that is not date specific will be aired at the discretion of the Public Information Office staff. iii) Critical notices (i.e., Homeland Security or severe weather) will be displayed in text only format on the scrolling ticker tape located at the bottom of the viewing screen and will be updated as necessary. b. Live Cablecast: Requests must be received at least ten (10) working days prior to the meeting or event. C. Taped Cablecast / Video Production (program): Requests must be made at least three (3) months in advance of the intended cablecast date or deadline. d. Public Service Announcements: Requests must be received one (1) month in advance of the intended cablecast date. 3. Departmental Responsibilities — City departments requesting program development must be willing to assist in producing the program. a. The requesting department shall be responsible for content development and script outline development. The Public Information Office shall be responsible for planning, creative concept, script writing, shooting, editing, post -production, and distribution. b. The requesting department shall identify a contact person to provide necessary information, persons and props to be used for the production and on -air presentations. 14 The contact person and/or the department director shall be available as needed to approve program content. C. The requesting department may be asked to pay tape duplication and other related production costs. IV. CABLECAST POLICY City cable channel programming will adhere to the following procedures and guidelines: A. Programs must not contain: 1. any material that is obscene, libelous, slanderous, or knowingly violates any federal, state or local laws; lottery, gambling, or pari-mutuel schemes; 2. material designed to promote the sale of products or services; or promotions and endorsements for individuals seeking public office; 3. solicitation of funds; 4. material or performances that require copyright or trademark authorization unless written authorization for the use of such materials is secured; and, 5. material promoting a specific religious viewpoint. B. All programs cablecast on City of Allen's cable channel must be non-commercial and may not identify services or goods by cost or price. Guests may be identified as a representative of a business. Commercial or business representatives' telephone numbers and addresses may not be stated or displayed during the program, but may appear in the program credits. C. Pre-recorded programs and Public Service Announcements (PSA's) produced outside the City of Allen must be submitted to the Public Information Officer for approval based on appropriateness and available air time. D. Programs created by outside producers must first obtain indemnification of the City from liability arising from the content of the program. E. Programming material discussing partisan issues will adhere to the Federal Communications Commission's (FCC) equal time guidelines found in the Communications Act of 1934, Section 315. For example, candidates for public office may not make political statements unless he or she is participating in a forum. 15 F. All programming scheduled on the City's cable channel will be subject to laws, rules and regulations present in the Cable Television Consumer Protection and Competition Act of 1992 and subsequent FCC regulations. V. TECHNICAL STANDARDS Tapes submitted for playback on the City's cable channel must conform to the following technical guidelines and are subject to the technical discretion of City 6 personnel A. Format: 1. One-half inch ('/2") S -VHS tapes are preferred, although high quality VHS tapes may be accepted and must be recorded in SP mode (2 hour speed). 2. Digital media in DVD and mini -DV tape format are acceptable. B. Video: 1. A videotape must not contain any skewing, burst, blanking, sync, or tracking problems or errors. The composite video signal, when viewed on a waveform monitor, must not be less than 65 IRE or greater than 100 IRE, with black level at 7.5 IRE. 2. Each videotaped program must be preceded by 30 seconds of black from the head of the tape, with the first video program appearing at 31 seconds. 3. All videotapes must have continuous control track from the beginning of the tape, including pre -roll, through the end of the program and post -roll black. 4. Digital media must not have any digital artifacts. C. Audio: 1. The audio signal on videotape must not contain any hum, buzz, feedback or signal loss exceeding five (5) seconds. Audio should peak at 0 VU plus or minus 2 VU and be recorded on normal audio tracks. Hi-fi tracks on S -VHS shall not be used. 2. Digital audio must not be over -modulated. D. All media must be labeled with the producer or sponsoring agency's name, program title, production date, and exact running time from first video to last. 16 VI. The operation and programming of the City's cable television channel is the responsibility of the Public Information Office. A. Public Information Officer (PIO) 1. The PIO will approve all scripts, prospective guests, editorial content, subject matter and production quality prior to the broadcast. 2. The PIO will protect the City's copyrights as provided by law. 3. Any requests to use City video products in a commercial manner or to be sold or distributed in whole or in part must have the PIO's written consent. 4. The PIO will respond fairly and in a timely manner to any complaints regarding the City's cable television channel operations. B. Video Production Specialist 1. The Video Production Specialist will not edit the cablecast of public meetings or subject the same to editorial comment except for technical difficulties. 2. The audio/video facilities and equipment are to be maintained by the Video Production Specialist, who will not permit either to be used for inappropriate purposes or be subjected to improper wear and tear and insufficient maintenance. C. Video Production Assistant The Video Production Assistant will perform duties as assigned by the PIO or the Video Production Specialist to assist in maintaining established procedures. 17 CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: CITY WEB SITE LINKS NUMBER: 6 EFFECTIVE DATE: MARCH 12, 2001 AMENDS/SUPERSEDES: APPROVED: PETER H. VARGAs CITY MANAGER CITY WEB SITE LINKS PURPOSE The City of Allen web site is designed to provide residents access to government departments, services and programs. From time to time, departments may wish to provide links to other sites as necessary or the request for a link on the City's site may be made. This policy sets guidelines for links that may be established on the City of Allen's web site. LINKS TO OTHER SITES Note: Some of the links made available through the City of Allen's web site will allow viewers to leave the City's site. Please be aware that the Internet sites available through these links, and the material found there, are not under the control of the City. The fact that the City has made these links available is not an endorsement or recommendation of these sites by the City. They are only provided as a convenience to the viewer. Links may be made to the City's web site that meet the following criteria: Maintained by an established news -gathering organization, being either a newspaper of regular, paid circulation or a television station that provides local news regularly and maintains a national network affiliation. Maintained by a federal, state or local governmental agency or public school. Maintained by an organization that receives direct financial support from the City. Provides a unique tool to assist residents in accessing information on the site or in communicating with each other, i.e., Allen Online. GROUPS In order to avoid the appearance of City endorsement of political content, links shall not be made to sites that are associated with, sponsored by or serving a candidate for elected office, any political party or organization supporting or seeking to defeat any candidate for elective office or ballot proposal. f CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: PROCUREMENT POLICY AND PROCEDURES MANUAL NUMBER: 7 EFFECTIVE DATE: MAY 10, 2001 AMENDS/SUPERSEDES: PROCEDURES EFFECTIVE APRIL 15, 1988 APPROVED: PETER R. VARGAS, CITY MANAGER PROCUREMENT POLICY AND PROCEDURES MANUAL PURCHASING POLICY MANUAL The City of Allen Purchasing Division is responsible for the centralized procurement, receiving, storing and issuing of items required to support the efficient operation of the City. Purchasing must ensure that these purchasing responsibilities are accomplished in compliance with Texas Local Government Code, including Chapter 252, Purchasing and Contracting Authority of Municipalities, other relevant federal, state and local statutes, and City of Allen Policies, and any and all of which may be reviewed and updated from time to time, and all of which take precedence over this Manual to the extent that they may conflict. The City Manager has designated the Purchasing Division as being the central authority responsible for the procurement of the items required to operate and maintain the City. Purchasing is responsible for procuring these items at the best value, optimum delivery, and total overall quality to meet the requirements of the requisitioning departments. This is accomplished primarily through competitive bids/proposals with the City's best interests always paramount. This Manual has been prepared for the use of City personnel and other interested parties to serve as policy for all procurement related activities. 19 TABLE OF CONTENTS 1-I STATEMENT OF PURPOSE 1-2 POLICY AND AUTHORITY • Attachment "A" - Ordinance No. 1869-09-00 1-3 DEFINITIONS 1-4 RESPONSIBILITIES IN THE PURCHASING PROCESS A. Purchasing Department B. Initiating Departments 1-5 PROCEDURES A. Cost Parameters B. Signature Authority C. Requisition Process D. Sealed Bid Process E. Vendor Performance Review F. Bidding Parameters G. Supply/Service Contracts H. Completion of FPO/Check Request I. Purchasing Procedure Violations J. Emergency Procedures K. Disposal of Property 1-6 PROCUREMENT OF PROFESSIONAL SERVICES A. Definitions B. Procurement of Architectural — Engineering Services (VTCS Article 644-4) 20 C. Procurement of Architectural or Engineering Services — Fees Estimated to be Under $50,000 D. Procurement of Architectural or Engineering Services — Fees Estimated to be over $50,000 E. Procurement of Personal & Professional Services, other than those Exempt from Competitive Bidding F. Selection Committee G. Contract Execution H. Special Conditions 1-7 PROCUREMENT ETHICS Principles and Standards 1-8 Procurement of Automated Information Systems and Services through the State of Texas Qualified Information System Vendors (QISV) Catalogue Purchase Program (CPP). A. Definitions B. Policy C. Selection Procedures PROCUREMENT OF GOODS AND SERVICES 1-1 STATEMENT OF PURPOSE To establish a uniform procedure for obtaining goods and services in a manner consistent with generally accepted purchasing procedures and legally mandated purchasing standards. 1-2 POLICY AND AUTHORITY A. POLICY — Regardless of the expenditure it is the policv of the City of Allen to earner charged with ensuring the timely availability of needed goods, services and supplies, as well as establishing procedures and controls in the purchasing process to comply with all applicable laws and regulations. Furthermore, it is the policy of the City to allow the City Council to make final award on any expenditure exceeding the dollar amount governed by 21 the State Competitive Bid Law, or City of Allen Standard Operating Procedures, or City Ordinance whether the item is subject to bid or not. B. LEGAL REQUIREMENTS which affect the acquisition of goods and services include the following: 1. Where required by Statute, purchases of more than $15,000 must be advertised in accordance with the competitive bid process and awarded by the City Council. (L.G.C. 252.021). 2. A municipality, in making an expenditure of more than $3,000 but less than $15,000, shall contact at least two disadvantaged businesses on a rotating basis, based upon a list furnished by Purchasing. (L.G.C. 252.0215) 3. "Component,' "Consecutive,' or "Sequential' purchases to avoid the competitive bid process are prohibited. (L.G.C. 252.001) 4. No officer or employee of the City shall have a financial interest, direct or indirect, in any contract with the City, nor shall be financially interested, directly or indirectly, in the sale to the City of any land, or rights or interest in any land, materials, supplies or service except on behalf of the City as an officer or employee. Any knowing violation of this section shall constitute malfeasance in office, and any officer or employee of the City found guilty thereof shall be subject to removal from such office or position. Any violation of this section shall render the contract voidable at the discretion of the City Council. (City of Allen Charter, Section 10.05) 5. City Ordinance No. 1869-09-00 establishes the Powers and Authority of the City Manager to make purchases, execute contracts and approve change orders as provided by City Council (Attachment "A"). C. OTHER CITY PROCEDURES which pertain to the purchasing process are: 1. Preparation of City Council Agenda Items 2. Accounts Payable Procedures 3. Capital Improvement Projects 1-3 DEFINITIONS a. PURCHASE - The act of obtaining a good or service by an authorized City representative. Unless specifically authorized by this Procedure or the General Accounts Payable Procedure, no individual may make any purchase or establish an obligation to purchase on behalf of the City. b. CHECK REQUEST/FIELD PURCHASE ORDER (F.P.O.) -a request generated by the initiating department to the Finance Department for payment of items other than goods and services. 22 c. PURCHASE ORDER (P.O.) - a form issued by Purchasing which authorizes the placement of an order, establishes terms and conditions of delivery, incurs a financial obligation for these goods and services, and records payment activity with regard to the things ordered. The Purchasing Department will not issue Purchase Orders "after the fact'. d. REQUISITION - a request generated by the initiating department to the Purchasing Department to acquire goods or services. e. SERVICE AGREEMENTS - contracts for service and repair of equipment generally established annually or upon acquisition of the equipment. f SOLE SOURCE PURCHASES - purchases that can be made from only one vendor as defined by State law. When a department has identified a specific brand, and will not consider alternate products, a detailed justification explaining why other vendors or products are not acceptable must be provided to the Purchasing Department in advance for review and concurrence. g. SPECIFICATIONS - detailed requirements for an item or service. Specifications must be complete and sufficiently defined in order to provide the exact product or service required. h. SUPPLY CONTRACTS - agreement established through a competitive bid process for the purchase of goods or services for a specified time period may be utilized to acquire goods covered by a Supply Contract. i. BLANKET PURCHASE ORDERS - are established in order to establish a qualified contractor listing for items/services that are purchased repetitively over a period of time, but can not be quantified. No order should exceed $10,000. 1-4 RESPONSIBILITIES IN THE PURCHASING PROCESS A. The Purchasing Department is responsible for procurement of all items or services obtained by means of competitive sealed bids, competitive sealed proposals, or annual supply contracts and in these arenas: 1. Ensuring statutory compliance by the City with all applicable laws and regulations pertaining to purchasing activities. 2. Ensuring City departments receive prompt delivery of goods and services requested. 3. Developing and maintaining reliable alternate sources of supply and a competitive atmosphere in pricing and performance by vendors. 4. Selecting sources of supply from which to secure prices, obtaining quotes, and documenting reasons for the selection of a given vendor. 23 5. Contacting a supplier in regard to poor performance. Unsatisfactory product quality or service performance can be a factor in subsequent award determinations; continued poor performance may be cause for removal from our vendor list. 6. Where possible and practical, combining purchases of similar items to allow for better pricing and establish a more competitive atmosphere. 7. Coordinating, organizing and assisting departments in the specifications writing process for equipment and services. 8. Insuring specifications written by departments are not proprietary, and if bid response is anticipated to be very narrow, insuring proper documentation exists as to reasoning of narrow specifications. 9. Training On an as needed basis the Purchasing Department will present a Purchasing Class for all employees who process requisitions, FPO's, BPO's, who receive orders and write or develop any specifications. The class is required for all personnel who are authorized to purchase for their departments. Training MUST be completed prior to any individual becoming involved in the purchasing process. When necessary, the Purchasing Department will set up additional training classes to accommodate new hires. b. For access to the Purchasing System individuals MUST receive the appropriate training. Training sessions are to be scheduled with the Purchasing Department. Should the need arise additional classroom sessions will be made available. 10. Conducting departmental audits and issuing any subsequent reports to insure that all Statutes, Policies and Procedures as outlined are being adhered to. B. REQUESTING/ INITIATING DEPARTMENTS are responsible for: 1. Submitting requisitions for purchase order assignment for purchases of $10,000 or less. This includes ordering, expediting, notifying accounts payable of receipt and preparing specifications which are complete and will not inhibit the concept of an open market. • Optimum specifications are performance -oriented, stating needs and requirements to be met by the equipment, good or services. In most cases, brand names may be used for example only, allowing alternate bids to be acceptable if the end result is consistent with the specifications. 2. A FPO/Check Request may be used for specialized forms for payment authorization for use of bond funds on capital projects, utility deposits and overnight payments and any specialized form approved by the City Manager. Additionally, FPO/Check Requests will be used for payments for personal or professional services, employee expense advances or 24 reimbursements, association membership dues and registration fees for conferences, seminars, or workshops, payment of utility bills, employee medical expenses, subscriptions, dues and advertising expense, intergovernmental payments and other payments specifically approved by the City Manager. 3. Submitting requisitions for purchase over $10,000 or items the department desires the Purchasing Department to acquire with sufficient lead-time to acquire materials in advance of need. • Specifications should be submitted to Purchasing far enough in advance to allow for specification coordination, development and the bid process. Departments should allow for the typical timeframe of eight (8) weeks to process a bid through Council approval and Purchase Order Award. 4. Advising the Purchasing Department in writing and providing evidence when unsatisfactory performance from a supplier is experienced at the time the deficiency takes place. 5. Assisting Purchasing in accomplishing the combining of purchases of similar items to allow for better pricing and establishment of a more competitive atmosphere. 1-5 PROCEDURES A. COST PARAMETERS 1. Initiating Departments are authorized to obtain pricing for goods and services costing $10,000 or less per the City of Allen Procurement Policy and Procedures Manual. 2. Purchases in amounts between $3,000 and $15,000 must be made in compliance with the State Of Texas Historically Underutilized Business Program (HUB). Purchases greater than $15,000 are subject to requirements of the competitive bid process unless specifically exempted by State Law. B. SIGNATURE AUTHORITY Department Heads/Division Managers have signature authority on any agreement binding the City in instances requiring an expenditure of $3,000 or less. All other agreements must be signed by the City Manager or his designee. C. REQUISITION PROCESS 1. Requisitions are to contain information that is as complete and specific as possible. Detailed specifications should generally be placed on a separate sheet and forwarded to Purchasing. 25 2. A specific date by which the item is needed must be provided. Requisitions marked "RUSH" or "AS SOON AS POSSIBLE" will be processed according to date of receipt in the Purchasing Department. Indicate "FIRM DATE" under comments, if appropriate. 3. The requisition is forwarded electronically through the approval process prior to being received for processing by Purchasing. 4. Purchasing will review requisitions based on previous experience with the item, records of past purchases, and vendor catalogs. Purchasing will not change requisitions or attempt to interpret descriptions without first coordinating with the initiating department. D. SEALED BID PROCESS - 1. STEPS TO BE USED (These steps apply specifically to all procurements with the exception of Capital Improvement Construction Projects, but it is recommended the spirit of this process be used in CIP projects also.) Advance Acquisition Process Meetings (AAP) (Purchasing/Initiating Department) Prior to development of specifications, the initiating department should schedule a meeting with the appropriate Purchasing personnel to brainstorm the needs and wants of the products or services needed. If at all possible, this session should not focus on a particular product, but upon what needs to be accomplished by the product/service. Specification Pre -Development Meeting with Vendors (Optional) (Purchasing/Initiating Department) After AAP Meeting is held, may be used to further educate City Staff on product availability. Specification Development (Initiating Department/Purchasing) Responsibility of initiating department. Purchasing is available for assistance and ensuring specification is not proprietary without proper documentation and reasoning. Bid Packet Development (Purchasing) Responsibility of Purchasing Department. Initiating departments are requested to furnish any known vendors of product/service to Purchasing in conjunction with specifications. Release of Bid (Purchasing) Pre-bid Conference (Purchasing/Initiating Department) A pre-bid conference, coordinated by Purchasing, may be held prior to opening of bids to give vendors the opportunity to voice any concems in relation to, or ask for any 26 clarifications of, the specifications. Pre -Bid Conferences are not permitted to be "Mandatory" unless approved by the Purchasing Agent or his/her designee. However, a site visit prior to submission of bids may be required as part of the specifications. NOTE: Any addendum issued within three (3) working days of the bid opening, will automatically delay the bid opening by one week. Opening of Bids (Purchasing) All Bids will be opened in a location designated by the Purchasing Department. Evaluation of Responses (Purchasing/Initiating Department) It is the responsibility of the Purchasing Department with technical assistance provided by the initiating department to evaluate all bids. State law mandates bids be awarded to the "lowest responsible bidder." If the recommended bidder is not the lowest bidder the initiating department must outline specifically how the bid does not meet specifications. Pre -Award Conference (Purchasing/Initiating Department) Prior to Council Agenda Item being prepared, a conference will be held with the apparent successful bidder if possible. The conference, coordinated by Purchasing, will be held to go over the bid response to ensure interpretation of the specification by the bidder was correct and all items are being famished as specified. Award of Contract (Council) Contract Development (Purchasing) Purchasing is responsible for all contract development activities related to any item that comes through the Purchasing Department, with exception of construction projects Follow-up on Delivery (Purchasing) Based upon promised delivery date, Purchasing will conduct follow-up activities to ensure product is delivered in a timely manner and according to specification. Any contact by vendors concerning delivery after bid award should be referred to the Purchasing Department. Closeout (Purchasing/Initiating Department) If necessary, after receipt of product/service, the initiating department and Purchasing will meet to discuss and document any problems encountered in the procurement process. (This meeting will be coordinated by Purchasing.) These "problems" may include changes to the specification that need to be made, inadequate sources, delivery, etc. These 'closeout' 27 comments will be taken into consideration on future procurements of like products/services. 2. CONTESTED BIDS/PROTESTS a. Bid Process - If a department is made aware of, or is contacted by a vendor regarding a protest relating to advertising of bid notices, deadlines, bid opening and all other related procedures under the Local Government Code, as well as any protests relating to alleged improprieties or ambiguities in the specifications, the department should either contact the Purchasing Agent, or instruct the vendor to contact the Purchasing Agent. The Purchasing Agent will attempt to determine the reasons behind the potential protest, and failing to satisfy the vendor, will instruct the vendor to prepare a written protest. The written protest should: Include both the name and address of the protester, as well as the vendor they represent, if different. Identify the bid number and the item. Contain a statement of the grounds for protest and any supporting documentation. Protests must be submitted within five (5) days of the bid opening. A decision and response to the protest will be prepared by the Purchasing Agent, in consultation with the initiating department, within ten (10) days of receipt of the protest. The response to the protest will include information regarding the appeal of the staff determination to the City Manager. b. SraJfRecommendations- Protests relating to staff recommendations for awards of less than $50,000 may be directed to the Office of the City Manager. 3. APPEAL OF WRITTEN PROTEST Appeals of protests of awards over $50,000 shall be filed with the City Secretary with a concurrent copy to the City Manager and City Attorney. The appeal filed shall: a. Include both the name and address of the protester, as well as the vendor they represent, if different. b. Identify the bid number and the item. c. Contain a statement of the grounds for protest and any supporting documentation. 28 d. Appeals must be submitted within ten (10) days prior to the bid award date. 4. REQUEST TO WITHDRAW BID AFTER BID CLOSING No bid may be withdrawn after bid closing without acceptable reason given in writing and with the approval of the Purchasing Agent. The vendor must be able to show that: a. Calculable damage of a significant nature will result if they are required to abide by the bid. b. An effor occurred from preliminary paperwork in preparing the bid. c. An obvious error is noticeable when comparing the bid to other bids or the real value of the item. 5. THE PURCHASING AGENT MAY NOT ISSUE A PURCHASE ORDER FOR MORE THAN $15,000 UNLESS: a. Such action is authorized directly by the City Council. b. In lieu of City Council approval, such action is authorized by the City Manager. c. In lieu of annual reapproval, certain on-going contracts or obligations may be administratively renewed by the Purchasing Agent if: 1. The contract or obligation was previously established through the competitive bidding process, or is exempted from the bid process. 2. The contract or obligation was originally approved by the City Council as an on- going or recurring expenditure; and 3. Funding for the contract or obligation is included within the budget (based upon verification by the Finance Department). E. VENDOR PERFORMANCE REVIEW It is an essential function of the contract administration process to review a vendor's performance. This information assists the Purchasing Department in the review of the vendor, the service or supplybeing provided and the effectiveness of the contract or bid specifications. The following procedures have been established for the vendor performance review based upon the type of award. This procedure is only required for contracts or bids processed by the Purchasing Department. Annual Contracts: (Purchasing) 29 New Vendors: The initial request from Purchasing will occur after one (1) month. If no problems are reported this review will be requested ninety (90) days prior to renewal. Renewed or Re -Awarded Vendors: If no previous problems exist, this review will be requested annually. If there is a previous history of problems this review will occur monthly until three (3) months of positive reports. At that time the vendor review will occur quarterly. F. BIDDING PARAMETERS 1. Purchases of $3,000 or less One verbal quote is required, but additional quotes are recommended when possible. Orders may be issued by Purchasing or the initiating department directly by telephone, fax or by a mailed copy of the purchase order. 2. Purchases of $3,000.01 to $10,000.00. These purchases require at least three (3) telephone quotes. All price quotes should be documented on the on-line requisition, even those considered unacceptable. Purchases may be initiated by Purchasing or the initiating department. Local Government Code 252.0215 Competitive Bidding in Relation to Historically Underutilized Business states: "A municipality in making an expenditure of more than $3,000.00 but less than $15,000.00, shall contact at least two disadvantaged businesses on a rotating basis, based on information provided by the Office of Small Business Assistance of the Texas Department of Commerce pursuant to Section 1.03, State Purchasing and General Services Act (Article 601b, Vernon's Texas Civil Statues). If the list fails to identify a disadvantage business in the county in which the city is situated, the city is exempt from this section. 3. Purchases of $10,000.01 up to $15,000.00. All orders will be placed by the Purchasing Department. Three (3) written quotations should be obtained. Initiating departments are responsible for submitting an on-line requisition with departmental approval. Local Government Code 252.0215 Competitive Bidding in Relation to Historically Underutilized Business states: "A municipality in making an expenditure of more than $3,000.00 but less than $15,000.00, shall contact at least two disadvantaged businesses on a rotating basis, based on information provided by the Office of Small Business Assistance of the Texas Department of Commerce pursuant to Section 1.03, State Purchasing and General Services Act (Article 601b, Vernon's Texas Civil Statues). If the list fails to identify a disadvantage business in the county in which the city is situated, the city is exempt from this section". 4. Purchases over $15,000.00. Purchasing is responsible for soliciting Competitive Sealed Bids. Notice of the time and place at which the bids will be publicly opened and read aloud must be published at least C once a week for two consecutive weeks in a newspaper published in the municipality. The date of the first publication must be before the 14' day before the date set to publicly open the bids. G. ANNUAL SUPPLY CONTRACTS 1. Supply contracts may be initiated by either Purchasing or initiating departments. (If the initiating department finds themselves repeatedly purchasing the same type of item over a short period of time, they should work with the Purchasing Division to establish a Supply Contract to provide for ease of purchasing and assure a certain pricing structure.) 2. Following the award of a Supply Contract to a vendor, departments will submit an electronic requisition for the needed items by utilizing a Blanket Purchase Order (BPO). a. Contracts that do not contain a commitment to purchase on the part of the City and simply establish a fixed price or fixed pricing structure with a vendor do not require the funds to be encumbered. b. If a contract is of the maintenance or service variety and the exact cost is known, funds should be encumbered by utilizing a Purchase Order.. c. Price Agreements - Are used to establish a qualified contractor listing for items/services that are purchased repetitively over a period of time, but can not be quantified. 1. Price Agreements may be initiated by either the Purchasing Department or initiating departments. (If the initiating department find themselves repeatedly purchasing the same type of item/service over a period of time and can not quantify their needs, they should work with the Purchasing Department to establish a Price Agreement(s) to provide for ease of purchasing and assure a certain pricing structure.) 2. Following the award of a Price Agreement to a vendor, (more than one vendor may be awarded a price agreement for any item/service), departments may purchase the referenced item/service from the contractor utilizing a Blanket Purchase Order (BPO). When more than one vendor has been awarded a price agreement for any item/service the departments are required to utilize the contractors on a rotating basis based upon pricing and availability. Since the award of the contract went through a competitive procedure departments are not required to receive quotes for any of the work being performed under $15,000. If any purchase requires an expenditure of $15,000 or more the price agreements do not apply. The competitive Sealed Bid process must be followed for any expenditure exceeding $15,000. 3. Employees making purchases against orders placed on BPO's must be approved by their Department Head, and must show proper City identification at the time of purchase. Individual transactions will not exceed $500. 31 H. COMPLETION OF PURCHASE ORDER (PO) The following procedure applies to all orders placed, regardless of the type of order or amount The item description, quantity, unit and final cost must be listed out for every item ordered. Descriptions such as "Supplies", "Mise.", "Invoice Number" etc, will no longer be acceptable. No supply order should be placed without (mowing the cost of the items purchased. INVOICING There should be no provisions made for departments to receive the original invoice unless approved by the Director of Finance or his/her designee. All original invoices should be sent directly to the Finance Department. Invoices for BPO's issued for services will be forwarded to the initiating department from Finance. Duplicate invoices for supplies and services may be sent directly to the initiating department. INSPECTION AND RECEIPT OF GOODS Items must be inspected and received on line no later than ten (10) working days after receipt. 1. PURCHASING PROCEDURE VIOLATIONS The Department Head is responsible for ensuring that employees comply with the policies outlined in this manual. Department personnel will be held accountable for the proper use and administration of the Purchasing Process. Purchasing will notify the department of the first error on an informal basis, continued failure to correct procedural errors will result in a violation notification being issued. Violation #1: Written notification of the violation may be sent to the employee, supervisor and the Division Manager. Violation #2: Written notification may be issued to the employee, supervisor, Division Manager, Department Head and the City Manager stating that the next violation will result in the individuals suspension from the purchasing process for their department. Violation #3: A third violation may result in all purchasing privileges being suspended from the individual pending a review by the Purchasing Department. Notification of suspension will be sent to the Department Head, and the City Manager, for further review to determine if there are any material weaknesses, criminal violations, etc... J. EMERGENCY PURCHASES During normal business hours contact Purchasing 32 After normal working hours or on holidays or weekends, emergency purchases may be made in the following manner: 1. A Field Purchase Order (FPO/CHECK REQUEST) may be used. 2. A BPO may be used for the purchase of any item currently covered by a Supply/Service Contract. 3. If an Emergency Purchase exceeds $15,000, and is not covered by an Annual Contract, the City Manager will prepare the proper documentation to have the expenditure ratified by the City Council. K. DISPOSAL OF PROPERTY This section provides for disposal of property that has been deemed to be no longer useful for City use (surplus) or is found to be confiscated or abandoned and unclaimed property by the Police Department. ABANDONED AND CONFISCATED PROPERTY All property (except weapons) that has been deemed not needed in the prosecution of an active case: 1. If owner is unknown, Police Department (PD) holds property for thirty (30) days (per CCP18.17 (a)) or if valued at $500 or more, Police holds for ninety (90) days after publication (per CCP18.17(c)). 2. If owner is known, a certified letter will be sent by the Police Department to the last known address giving owner ninety (90) days to retrieve property (per CCP 18.17 (b)). a. If owner acknowledges, item is returned. In. If owner does not acknowledge, item is sent to designated Police Department personnel for disposal (if it has value as determined by the PD). Police Department personnel shall prepare an inventory of items released to Purchasing which will accompany items upon delivery. c. Designated Police Department personnel secures property. d. The City Purchasing Agent, or his designee, determines if the property has value for sale or donation. If the property is determined to have no value, or the value is less than it would cost to process for sale or donation, it will be disposed of by the most convenient method. e. No less than twenty-one (21) days prior to the sale of the property, a notice of such sale shall be placed in a newspaper of general circulation in the City or County. 33 The Purchasing Agent, or his designee, will determine what property is sold or donated. Sales or donations may be made at any time according to the criteria deemed appropriate by the Purchasing Agent. Weapons, when deemed no longer needed in the prosecution of a case, or property which is considered contraband, shall be disposed of by the Police Department in accordance with State Law. SURPLUS PROPERTY Once a department has determined property owned by the City is no longer useful, the property will be turned over to the Purchasing Department for disposal with appropriate fixed asset information. If the property has value, as determined by the Purchasing Department, the property will be relocated to another City Department, sold at auction, sold through the sealed bid process, or disposed of by any other method permitted under State Law. If the property is determined to have no value, or the value is less than it would cost to process for sale or donation, it will be disposed of by the most convenient method. Lff-�9tiilfl1ltl:I3MU119)a9;ia]y4XyCillU;lr IVI1VTJIs) STATEMENT OF PURPOSE To provide procedures for procurement of professional services In professional work, experience has demonstrated that the public is best served by requiring "professional" practitioners to be judged upon the responsiveness of their proposed service, and the excellence, quality and effectiveness of their past services, and that competitive bidding based on the price only is not in the best interest of the public. The City will therefore enter into a written agreement with the service provider for each separate professional service contract. Compensation will be negotiated before the agreement is signed and after the service provider has been selected on the basis of his/her qualifications, as set forth in this procedure. 4Aa):I01ZIIICa)CF'! Professional Services Procurement Act (VTCS Article 664-4), this act states that contracts for the procurement of defined professional services may not be awarded on the basis of bids. Instead, they must be awarded on the basis of demonstrated competence and qualifications, so long as the professional fees are consistent with and not higher than the published recommended practices and fees of the various professional associations and do not exceed any maximums provided by state law. Professional Services - As defined by V.A.C.S. Art 6644, "means those services performed by a certified public accountant, licensed architect, physician, optometrist, surgeon, registered surveyor, engineer or any group or association thereof. 34 Service Provider - Any service specifically mentioned as "Professional Service" above or any service deemed to be of a "professional" nature by the Legal Department. Below are some of the services held to be professional services in Texas cases or Attorney General Opinions, according to the LBJ School of Public Affairs, Advance Public Purchasing course: Abstracters, Appraisers, Artists, Attorneys, Auditors, Construction Manager Consultants, Coordinators of Criminal Investigation, Financial Services Advisors, Fiscal Agents, Law Enforcement Consultants, map Makers, Modes, Plat Book Prepares, Private Consultants, Property Tax Consultants, Scientists, supervisors of Public Construction Projects, Teacher, and Third Party Administrators. Initiating Department - That department requesting the professional service. B. PROCUREMENT OF ARCHITECTURAL -ENGINEERING SERVICES (VTCS Article 644-4) 1. When procuring architectural or engineering services, the initiating department (department) shall use a two-step selection process. First, the department shall select an individual or firm capable of performing the service, on the basis of demonstrated competence and qualifications. The department shall then enter into negotiations on a contract at a fair and reasonable price. 2. If the department is unable to negotiate a satisfactory contract with the most highly qualified individual or firm, it shall formally end negotiations with that person or firm, and then proceed to the next most highly qualified and repeat the process. Negotiations are carried on in this sequence until a contract is made. 3. If any agreement or contract is entered into with one of the above mentioned professionals on the basis of a competitive bid, it is contrary to public policy and is void. C. PROCUREMENT OF ARCHITECTURAL OR ENGINEERING SERVICES — FEES ESTIMATED TO BE UNDER $50,000. The City's staff shall solicit proposals from qualified professionals and the director of the initiating department will select an individual or firm capable of performing the service, on the basis of demonstrated competence and qualifications. The department director will enter negotiations with the selected individual or firm and follow the procedures established by the ACT, above. D. PROCUREMENT OF ARCHITECTURAL OR ENGINEERING SERVICES — FEES ESTIMATED TO BE $50,000 OR MORE. 1. An advertisement shall be placed with a newspaper, normally used for legal advertising, soliciting Statements of Qualifications from all qualified professionals 35 interested in providing the needed services. The advertisement shall be run in one edition of the selected newspaper, at least one week prior to the date Statements of Qualifications are due. 2. The Request for Qualifications (RFQ) shall contain sufficient information to inform potential architects and/or engineers as to the type of project, scope of services to be performed, and the selection criteria to be used. The RFQ will give the relative importance, or weighing, assigned to each of the criteria to be used in the selection process. The following criteria shall be used, but the RFQ is not necessarily limited to these criteria: a. The firm's experience in successfully performing similar assignments, scope and size, for others. b. The firm's current staff, both size and related experience, is qualified to provide the desired services. c. Sufficient finances and other resources available to accomplish the assignment, within the time to be allowed by the City and the firm will be able to provide continuing service. d. Previous clients, for similar projects, express satisfaction with the firm's work. e. The firm's response, as perceived by the City's staff, is complete and of acceptable quality. 3. An engineer or architect may be selected after the evaluation of Statements of Qualifications or it may be necessary to interview several of the firm's and further evaluate them on the basis of the interview or a presentation, narrowing the field until one firm is selected for negotiation. 4. When negotiations are successfully concluded, a recommendation will be made to the City Council that a contract be awarded to the chosen firm. A tabulation showing all of the firms submitting Statements of Qualifications and each firm's score, by criterion, will be attached to the recommendation. E. PROCUREMENT OF PERSONAL AND PROFESSIONAL SERVICES, OTHER THAN THOSE EXEMPTED FROM COMPETITIVE PRICING. 1. Professional services, other than those named in the ACT, may be contracted through the use of Request for Proposals (RFP) and selection should be made on the basis of criteria similar to those for Engineers and Architects; however, cost should be an additional criteria, in addition to those criteria used for Engineers and Architects. 36 2. Services with fees under $50,000 may be solicited, evaluated, and awarded by the City's staff and the using department's director, similar to the selection process for Engineers and Architects. 3. Services with fees of $50,000 or more shall be advertised in two editions of the newspaper, one week apart, the last advertisement to run at least one week prior to the due date for RFP's. The selection process will be similar to that used for Engineers and Architects, and after negotiations are successfully concluded the City Council shall be asked to award a contract. F. SELECTION COMMITTEE The Selection Committee shall consist of a minimum of three City staff member's including two from the department and the Purchasing Agent. G. CONTRACT EXECUTION The City Manager will execute all contracts based on the authority established by the Council. Contracts that exceed the Managers limits established by the Council will be sent to the Council for consideration. H. SPECIAL CONDITIONS 1. This policy does not pertain to contracts administered by another agency to which the City is signatory. 2. For contracts of an emergency nature any or all of the above steps may be waived at the discretion of the City Manager of City Council. 3. Additional steps and procedures may be added as determined necessary, i.e. request for Statement of Qualifications prior to Request for Proposal. 1-7 PROCUREMENT ETHICS STATEMENT OF PURPOSE To Provide ethical standards to be used by City employees regardless of department, position, or procurement activity. PRINCIPLES AND STANDARDS Avoid the intent and appearance of unethical or compromising practice in relationships, actions, and communications. 37 Demonstrate loyalty to the City by diligently following the lawful instructions of the City, using reasonable care and only granted authority. Refrain from any private business or professional activity that would create a conflict between personal interests and the business interests of the City. Refrain from soliciting or accepting moneys, loans, credits or prejudicial discounts and the acceptance of gifts, entertainment, favors, or services from present or potential suppliers that might influence, or appear to influence, procurement decisions. Promote positive supplier relationships through courtesy and impartiality in all phases of the purchasing cycle. Refrain from agreements that restrain competition. Know and obey the spirit and letter of the laws governing the purchasing function and remain alert to the legal ramifications of purchasing decisions. Encourage all segments of society to participate by demonstrating support for small, minority and woman -owned firms. 1.8 PROCUREMENT OF AUTOMATED INFORMATION SYSTEMS AND SERVICES THROUGH THE STATE OF TEXAS QUALIFIED INFORMATION SYSTEMS VENDORS (QISV) CATALOGUE PURCHASE PROGRAM (CPP). STATEMENT OF PURPOSE To provide a standardized procedure for procurement of Automated Information Systems and Services through the State of Texas Qualified Information System Vendors (QISV) Catalogue Purchase Program (CPP). The CPP allows local government agencies that qualify for cooperative purchasing under sections 271.082 and 271.083 under the Local Government Code to purchase products and Services under this program. Furthermore, the CPP program allows user agencies and a QISV to negotiate additional terms and conditions, and any other details of an offer for a product or service. A. DEFINITIONS 1. Automated Information System - includes the computers on which the information system is automated; a service related to the automation of the system, including computer software, or the computers; and a telecommunication apparatus or device that serves as a component of a voice, data, or video communications network for transmitting, switching, routing, multiplexing, modulating, amplifying, or receiving signals on the network. 2. Qualified Information System Vendor - means a manufacturer or reseller of an automated information system who is authorized by the General Services 38 Commission to publish a catalogue of products and services that may be purchased by local government agencies that qualifies for cooperative purchasing under sections 271.082 and 271.083 Local Government Code. B. POLICY AND AUTHORITY Unless specifically authorized by the Purchasing Agent, the process outlined in this section will be used for any procurement under the State of Texas QISV Program. Request for an exception to this process must be made in writing to the Purchasing Agent. The Purchasing Department will be responsible for providing the qualified State list of pricing and vendors. Request for information on qualified vendors should be coordinated through the Purchasing Department. C. SELECTION PROCEDURES 1. IDENTIFY NEED a. The goals of the technology or project should be defined at the beginning of the project or technology acquisition process. b. A clear statement of expectations for the project or the technology should be included in the specifications that are developed and provided to the catalogue vendors. 2. WRITTEN REQUIREMENTS a. Insure open and competitive competition. b. Clearly and accurately describe the goods/services to be provided. c. When appropriate, include a statement of the work to be performed, minimum performance requirements, evaluation factors, specific features, service requirements, delivery dates, and terms. d. If requirements cannot be clearly defined, it may be necessary to conduct a Request for Information (RFI). 3. IDENTIFY POTENTIAL VENDORS • At least three (3) catalogue vendors should be selected to receive the Request for Offers (RFO), if practical. The number of vendors may be restricted by the amount of time available to conduct negotiations and to evaluate their responses. 4. CONTACT VENDORS 39 a. Selected vendors should be provided with a written copy of the requirements. b. It should be clearly explained to vendors that the RFO process is an interactive negotiation process. Each vendor should be provided with the same information including the specifications, deadlines for responses, and other clarifying information. c. Open dialog should be conducted with each vendor until the negotiation team has a complete understanding of the vendor's offer and the vendor has a complete understanding of the City's needs. d. In addition to the minimum requirements, vendors may propose enhancements or innovations. e. Everything within each offer should be kept confidential until the award is finalized. 5. RECEIVE INITIAL RESPONSES • Failure to meet submission deadline may result in removal of vendor's offer from further consideration. 6. EVALUATE RESPONSES AND NEGOTIATE a. Negotiation Teams should consist of three staff members with one of them being the Purchasing Agent or their designated representative. b. Provide feedback to each vendor concerning their proposal. Clarify any missing or confusing information. c. Establish the deadline for all vendors to submit their final offers. d. Ensure that the selected vendor passes on price cuts immediately, and that the vendor works continuously with the City to enhance service, products, and pricing. 7. SELECTION CRITERIA a. Installation costs and hardware costs; b. The overall life cycle cost of the requested equipment; c. The estimated cost of employee training and estimated increase in employee productivity; d. Estimated software and maintenance costs; and e. Compliance with applicable standards and specifications established by the City. 40 CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: MANAGEMENT OF NUMBER: 8 INFORMATION SYSTEMS POLICIES AND PROCEDURES EFFECTIVE DATE: MAY 10, 2001 AMENDS/SUPERSEDES: PROCEDURES APPROVED: EFFECTIVE APRIL 15 1988 PETER H. VARGAS, CITY MANAGER MANAGEMENT OF INFORMATION SYSTEMS POLICIES AND PROCEDURES 1. PURPOSE The purpose of this policy is to support successful information management by providing guidance to City employees concerning the use of information technology. 2. COVERAGE This policy applies to all City employees, including contract employees using City -owned or leased equipment. Nothing contained herein shall be deemed to waive any other policy related to conduct. 3. APPROPRIATE USE 3.1. City -owned or leased information technology will only be used only for work-related purposes. 3.1.1. Computers will not be used for applications, including games, other than those approved for City information management purposes. 3.1.2. Computer users will not store information of a private or personal nature on the City's storage media (hard disks, diskettes, tapes, etc.). Personal files placed or maintained on City storage media shall be removed at any time without notice to the user. 3.2. All software used on City's computers must be licensed to the City of Allen for that computer. 3.2.1. Undermost circumstances, the Management of Information Systems (MIS) staff will install all software onto City computers. Users and vendors are not permitted to install any software or hardware without the expressed permission of the MIS Systems 41 Administrator, who will base their decision on City's ownership of the appropriate software license and compatibility with City's hardware and software standards. 3.2.2. Software and hardware owned personally by employees will not be installed to City's computers or network without the written approval of the appropriate Department Head and the MIS manager. 3.3. The City's computers and the data stored on them are and remain at all times the property of the City. As such, all messages created, sent, or retrieved over the Internet or the City's e- mail system are the property of the City, and should be considered public information. Employees have no right to privacy as to any information or file transmitted or stored through the City's computer systems, voice mail, electronic mail, or other technical resources. The City reserves the right to retrieve and read any message or file. Employees should be aware that, even when a message is erased or a visit to a web site is closed, it is still possible to recreate the message or locate the web site. Accordingly, Internet and e-mail messages are considered a public communication, not private. Furthermore, all communications including text and images may be disclosed to law enforcement or other third parties without prior consent of the sender or the receiver. 4. INTERNET AND EMAIL USE 4.1. This policy is intended to allow the City to derive the benefits of increased efficiency through the use of the Internet and e-mail, while ensuring the protection of information assets and City integrity. It also provides guidance to City employees concerning their responsibilities with respect to the proper use of the Internet and e-mail. 4.2. The City reserves the right to monitor and view the usage of Internet and email. This monitoring can take place at random times throughout the year. 4.3. Responsibilities 4.3.1. Employee Responsibilities: Employees are required to scan all files for viruses prior to importing into City owned or leased equipment. 4.3.2. Supervisor Responsibilities: Supervisors may monitor employee use of the Internet and e-mail, and such supervisor may recommend to the Department Head that an employee's access to the Internet and e-mail be revoked and/or suspended. Supervisors are responsible for communicating and enforcing this policy to each employee and reporting any misuse to the Department Head or MIS Manager. 4.3.3. Department Head Responsibilities: Department Heads may request Internet and/or e- mail access for employees in their department based upon the business necessity of the department. Department Heads may monitor departmental use of the Internet and e- mail, and may revoke and/or suspend an employee's access to such systems at any time by notifying the MIS Manger. 4.3.4. Management Information Systems Responsibilities: MIS is responsible for installation of employee accounts to the Internet and for employing security mechanisms that include but not limited to cost effective means to reduce the risk of all data stored on network servers. 42 4.3.5. Violations: An employee that violates this policy may have Internet or e-mail access terminated, and may be subject to disciplinary action, up to and including termination. 4.4. General Guidelines 4.4.1. Employees are provided Internet and e-mail access for use in attaining departmental objectives. The City will tolerate incidental and occasional personal use of the internet and e-mail provided that such use does not adversely affect business uses and/or productivity and does not involve unlawful or unprofessional activities, including, but not limited to, those prohibited activities in the City's Personnel Policies and Procedures, sections 11.01, 11.02 and 11.03. 4.4.2. All employees using Internet or email shall access them through the City file server. Locally installed modems and/or personal provider access is prohibited without the written approval of the MIS Systems Administrator. 4.4.3. Employee use of the Internet and e-mail must comply with all other Personnel Policies and Procedures of the City and any established departmental policies. Violations of City policies, including violations discovered by monitoring and auditing activities, may be grounds for disciplinary action up to and including termination. Additionally, any potential illegal activities discovered by monitoring or auditing activities may be forwarded to the appropriate governmental agency, law enforcement or other persons. 4.4.4. Intentionally disseminating or printing copyrighted materials (including articles and software) in violation of state or federal copyright laws is prohibited. 4.4.5. Unauthorized personal intemet charges incurred by an employee must be reimbursed to the City. 4.4.6. Creating, sending or forwarding Internet or e-mail messages which are offensive, intimidating, harassing, disparaging or hostile on the basis of race, gender, color, religion, national origin, sexual orientation, disability, age, political beliefs, pregnancy or any legally protected status is grounds for disciplinary action, up to and including termination. The City prohibits connections to sites that contain sexually explicit material unless necessary for law enforcement purposes. The City has the right to block access to any site and may exercise that right at anytime. 4.4.7. Employees may not operate a business or conduct activity for personal gain on the Internet or on City equipment at any time. 4.4.8. Sending chain letters or pyramid schemes on the Internet or e-mail is prohibited. 5. SECURITY 5.1. All software and data installed or stored to a network server will be screened by City approved virus scan software. 5.2. Every user will scan all files for viruses prior to importing into City or non -city owned equipment. 5.3. While e-mail and voice mail may accommodate the use of passwords for security, the reliability of passwords for maintaining confidentiality cannot be guaranteed. You must 43 assume that any and all messages may be read by someone other than the intended or designated recipient. Moreover, all passwords may be changed at the request of the Department Head if necessary to gain access to the equipment. The reason for this is simple: Your system may need to be accessed by the organization when you are absent. 6. STORAGE 6.1. All user directories, including shared or group folders, will have restricted allocations of disk space. Allocations will be governed by software controls on the file server. 6.1.1. The MIS staff will determine an appropriate standard allocation for every user and every workgroup on the network servers. 6.1.2. The MIS Systems Administrator may create exceptions for individual users or workgroups based upon their particular requirements. 7. BACKUPS, ARCHIVES, AND DISASTER RECOVERY 7.1. The MIS staff will back up all data files stored on network servers and other multi-user computers. Older network and multi-user backups will be stored off-site at a location that is free from damage by weather and other disasters. 7.2. Users will be responsible for backing up their own local (C:) drives using diskettes or other means that may be available from the MIS division. Users should back up data files only, not application programs (*.exe and related files). 7.3. MIS staff will archive network and multi-user data files that are older than three years, in accordance with and subject to the City's records retention policy. Archives will be performed semi-annually, and will be stored off-site at a location that is free from damage by weather and other disasters. 7.4. MIS will provide means for disaster recovery; that is, computer resources to operate any mission -critical functions in the case that our present facilities are damaged due to weather, Fire, sabotage, or other disasters. 0 CITY -Of ALLEN ADMINISTRATIVE DIRECTIVE ItONS SUBJECT: MEDIA RELATI11 NUMBER: 10 POLICY EFFECTIVE DATE: MARCH 28, 2003 AMENDS/SUPERSEDES: MEDIA APPROVED: RELATIONS POLICY — 6/25/00 PETER R. VARGAS, CITY MANAGER MEDIA RELATIONS I. PURPOSE The purpose of this policy is to establish guidelines for the release of information to the media by City of Allen employees, City Council members and City board/commission members. H. POLICY All information that is a matter of public record will be made available to the media through proper channels and at appropriate times. Information which is not a matter of public record and, for legal purposes is normally not released, will not be released without authorization, as needed, of the City Manager, Human Resources Director, the appropriate department director and/or legal counsel. All such decisions should be made with the understanding that releasing to or withholding information from the media is, in effect, releasing to or withholding the information from the public. III. RESPONSIBILITIES All City employees, as well as Council and board/commission members, can expect to be contacted by the media regarding information about the City of Allen. Responsibility for responding to such inquiries is as follows: 1. City Manager, Assistant City Manager, City Secretary a. These positions are expected to respond to media inquiries with appropriate information and/or other points of contact. b. The City Manager is expected to keep the City Council informed on a timely basis of any potentially controversial or sensitive matter, especially if media attention is expected or has already occurred. 2. Department Directors a. Directors are expected to respond to media inquiries with appropriate information and/or other points of contact. 45 b. Directors are expected to contact the City Manager, Public Information Officer, Human Resources Director and/or legal counsel in regard to potentially controversial or sensitive matters, particularly if media attention is expected or has already occurred. Such incidents include, but are not limited to: • Controversial statements, accusations or debates occurring in meetings of advisory boards and/or commissions. • Disruptions in City services. • Personnel problems such as suspensions and resignations of key staff and possible employee strikes or walk -outs. • Accidents or other incidents resulting in the injury or death of a City employee. • Accidents or other incidents that involve City employees or property resulting in the injury or death of a citizen. • Litigation filed or decisions rendered regarding the City. c. Directors are expected to notify the Public Information Officer of any contact with the media. Police personnel should report such contact to the Media Relations Officer. d. Directors are expected to designate a representative from his/her department to speak in the director's absence. 3. Public Information Officer (PIO) a. The Public Information Officer serves as the primary liaison between the media and City departments, excluding the Police Department in most situations. b. The PIO serves as the backup for the Media Relations Officer in most situations where the MRO is unavailable. c. The PIO will assist City employees, Council and board/commission members with media inquiries, news releases and interviews, as needed. d. The PIO is responsible for coordinating news conferences at the request of the City Manager, department directors, the Council and board/commission members, excluding the Police Department in most situations. e. The PIO will serve as the Emergency Public Information Officer as outlined in the City of Allen's Emergency Management Plan, Annex I: Public Information. 46 4. Media Relations Officer (MRO) a. The Media Relations Officer serves as the primary liaison between the media and the Police Department. b. The MRO will serve as backup for the Public Information Officer in situations where the PIO is unavailable. c. The MRO will assist the Chief of Police, Assistant Chief of Police and Police Captains with media inquiries and news releases, as set out in Police General Order No. 3000. d. The MRO is responsible for coordinating news conferences concerning Police matters at the request of the Chief of Police, Assistant Chief of Police or Police Captains. e. The MRO is responsible for making a copy of the front page of an incident report available to the media. 5. Employees a. Employees will direct media inquiries of any type to his/her department director or designated representative. 6. City Council and City Board/Commission Members The City Council and City's Board/Commissions are responsible for answering media inquiries regarding decisions made by that body. Members who vote in the minority are free to express their dissent but should respect the majority decision. Also, individual members should refrain from making comments on behalf of the entire group, unless specifically asked to do so by that body. IV. OFFICIAL RELEASES OF INFORMATION 1. News Releases a. The Public Information Officer will handle most routine news releases for City departments, excluding the Police Department in most situations. Any time a news release is issued by someone other than the PIO, a copy must be sent to the PIC. b. The City's news release template is located on the City's shared network at N: Wommonlpub(ic Information. c. New releases for all City departments will be retained by the Public Information Officer. d. Departments will retain news release copies as determined by that department's policy. 47 2. News Conferences a. News conferences will be arranged by the Public Information Officer or City Manager's Office for all departments, excluding the Police Department in most situations. The Media Relations Officer will handle such requests for the Police Department. b. The Public Information Officer and Media Relations Officer will be responsible for setting a location, notifying the media, making sure appropriate personnel are in attendance and prepared to answer questions and handling follow-up requests by the media. V. TEXAS PUBLIC INFORMATION ACT The Texas Public Information Act, Chapter 552 of the Texas Government Code, is the law that governs access to information held by state and local governmental bodies. The act provides that all information that is collected, assembled or maintained by or for a government body in connection with public business is presumed to be public information. Information may only be withheld is it falls within one of the act's exceptions to disclosure. 1. Under the act, the following positions are considered "officers of public information": • Chief administrative officer • Department directors • Anyone designated by the chief administrative officer to act in such a capacity In the City of Allen, the City Manager, City Secretary, Public Information Officer and all department directors are responsible for being familiar with the Texas Public Information Act and responding to formal requests for information under the act. 2. If any employee, other than those listed above, receives a formal request for information under the Texas Public Information Act, he/she must be forward the request immediately to the Public Information Officer or, if the request is received by a Police Department employee, to the Media Relations Officer. 3. Any information requested under the Texas Public Information Act must be made in writing — oral requests are not binding. The written request can be delivered in person, mailed, faxed or sem via E-mail. 4. If it is unclear whether or not information is considered public, contact the City Manager, Public Information Officer, Human Resources Director and/or legal counsel. Guidelines for the release of information concerning incidents involving the Police Department, such as arrest sheets, the arrest blotter, offense reports and the like, are outlined in Police General Order No. 3000. VI. EMERGENCY MANAGEMENT PLAN — RELEASE OF INFORMATION The release of information during an emergency or disaster is addressed in the City of Allen's Emergency Management Plan, Annex I: Public Information. The following is a summary: 48 1. All information will be released from the Emergency Operations Center. Information from the scene(s) will cease unless specifically authorized by the Emergency Management Coordinator and the Emergency Public Information Officer. 2. All information released to the media will be routed through the Emergency Public Information Officer, who will work with the Emergency Management Coordinator in releasing the information. 3. Information will be released to the media via news releases and news conferences conducted at a pre -designated media staging area unless specifically authorized by the Emergency Management Coordinator and Emergency Public Information Officer. 49 CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: CAPITAL IMPROVEMENT NUMBER: 12 PROJECTS -POLICIES AND PROCEDURES EFFECTIVE DATE: JUNE 26, 2002 AMENDS/SUPERSEDES: APPROVED: PETER H. VARGAS CITY MANAGER CAPITAL IMPROVEMENT PROJECTS— POLICIES and PROCEDURES The City Council, at the recommendation of the City Manager, approves Capital Improvement Projects (CIP) and funding sources. The City Manager may approve projects requiring $25,000 or less. Once approved, the Project Manager is responsible for the day -today activities related to the CIP, including but not limited to, budgeting, contract administration, subsequent financing needs, and periodic pay application requests. The Finance Department is responsible for the set up and Financial oversight of each CIP within the accounting system. A. Proposal and Approval 1. In the proposal stage of a project, staff conceives the project based upon known need and/or citizen input. Staff further develops the idea, then presents a proposal to Council. Hearings are scheduled, and if adopted, the CIF's funding requirements are planned for in the five-year capital budget plan. 2. The Project Manager develops a budget for the planned use of funds and confirms with Finance Department when funds will be available. The Project Manager and Accountant work together to set up a project within the project accounting module that reflects the account numbers to be used, budget and funding. This is done by completing the Project Setup and Maintenance form. (Attached as Exhibit "A"). Other miscellaneous information is collected at this time. During the annual budget process, Project Managers will enter an annual project budget. Financing must be available and assigned to the project before expenditures are made. Prior to taking bids, available funding should be confirmed with the Accountant. Project Bids are received by the Purchasing Department in accordance with established procurement procedures. A Project Manager or Purchasing department representative is responsible for presenting bids (requisitions) to Council for final approval. The Project Manager will prepare a draft Council Communication on the Proposed Capital Improvement Project for presentation to the City Council; this draft will be routed to the Accountant for review one day prior to the Agenda Meeting. This communication contains all relevant information for Council consideration, including a revised budget and the source(s) of funding. The Project Manager or Department Director and Accountant meet with the City Manager to review the draft at the Agenda Meeting, prior to its presentation to Council. 50 B. Purchasing and Invoice Processing Upon approval by the City Council, the executed contract constitutes the City's obligation to purchase goods and/or services. Within five (5) business days of contract approval, the requisition (contract amount including reimbursable expenses if specified) is entered in the Purchasing/Inventory (PI) system. This process encumbers funds for the amount of the contract. The Project Manager's department secretary typically enters requisitions. Requisitions are approved on-line by the Department Director, and then converted to a purchase order or inverted purchase order by the Purchasing Manager. Field purchase orders are not allowed for capital purchases. 2. When an original invoice is received from a vendor, the Finance Department forwards it to the Project Manager. The Project Manager completes the Capital Improvement Project Check Request (CIPCR) form (to be used as a cover sheet -one invoice per coversheet). (Attached as Exhibit "B") The department receipts the invoice against the Purchase Order. The Check Request and original invoice are routed to the Department Director for signature then forwarded to the Finance Department. The Accountant reviews the CIPCR and invoice to confirm its accuracy, budget information, funding source(s), discounts, account distribution, and retainage, if any. If errors are detected, the invoice and coversheet may be returned to the Project Manager for correction. The Finance Department will send the invoice and approved coversheet to the City Manager for approval. The City Manager's office routes the invoice to the Finance department for invoicing. (The Project Manager may need the invoice prior to processing to verify information in the field regarding the stage of completion, quantities, or quality of work performed, as it may be necessary to negotiate with the Vendor on these or other issues, before approving payment.) 3. The Accounting Assistant processes the reviewed and approved invoice in the same maturer as any other invoice per the Accounts Payable Policies and Procedures. If a CIPCR is required to be processed as a Check Request, e.g. payment of retainage or an invoice relates to more than one Project, the PO Number may be referenced. If a Check Request is processed for an invoice already set up in the Purchasing system as a Purchase Order, the Check Request will result in a duplicate encumbrance. C. Capital Improvement Project Revisions When changes to original contracts occur, revisionsmust be documented and approved. Examples include cost overruns (positive change orders), reductions to contract amount (deductive change orders), addition of subsequent phases, or increase in unit prices. The Project Manager processes the Contract Change Order (CCO) fort for changes to the original contract amount. (Attached as Exhibit "C"). This CCO must be approved by the City Manager and routed to Purchasing, where it will be used as a source document to change the original purchase order. When changes to contracts result in a need for additional funding, the Capital Project Funding Request (CPFR) form should be filed for changes in sources and amounts of funds. (Attached as Exhibit "D"). The Accountant completes the CPFR during a meeting with the Project Manager. The Accountant signs the form, then routes to the Department Director and the 51 City Manager for signature. Budget Adjustment forms should be processed as well to document increases or decreases in the budget resulting from the aforementioned changes. 2. The Accountant enters the approved revision(s) in the accounting system. All subsequent transactional activity will be processed against the revised amounts. 3. The City Manager is authorized by Council to approve budget adjustments/funding requests up to 25% of the total cost of the contract. Council must approve changes that exceed established limits. D. Status of Capital Improvement Projects 1. Periodically, the Accountant will review the percentage of completion of each active Capital Improvement Project by contacting the Project Managers. This determination should be performed at least annually as of the City's year-end, September 30, to ensure proper classification of Project costs. 2. The Project Manager must advise the Accountant when a Project is completed. This will allow timely re-classification of Project costs to Fixed Assets and reduce the burden of year-end procedures. E. Accounting for Capital Improvement Projects 1. Retainage is recorded as a payable as incurred. Upon completion of contract requirements, including lien waivers if applicable, the Project Manager will approve the release of retainage to the vendor. Project Manager will notify the Accountant when all contracts within a Project are complete and paid in full. The Accountant will close the project to Fixed Assets. The Finance Department should receive a copy of all Letters of Final Acceptance if any, and/or any other financially related documentation. 2. The budget is set up for a Project by utilizing expense accounts. As costs are incurred, the respective expense accounts are charged. At year-end, the Accountant will reclassify incomplete project expenditures to the construction -in -progress account; costs for completed projects will be reclassified to the appropriate fund's Fixed Asset account (referred to in previous paragraph). Upon completion of a project, the Accountant will reclassify any remaining cash and investment assets to that department's miscellaneous project account (70{9999) making the funds available for future Capital Improvement Projects. The project and its accounts will be inactivated. 52 CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: GRANT PROCEDURES NUMBER: 16 EFFECTIVE DATE: January 15, 2003 AMENDS/SUPERSEDES: APPROVED: PETER H. VARGAS, CITY MANAGER GRANTPROCEDURES The establishment of policies and procedures for the coordination of Federal, State and Local grants is important in ensuring accurate reporting, sufficient budgeting, and required record-keeping for external audits. A. Policy Each department making contact with an external agency, for the purpose of securing financial assistance, will file the following with the Finance Department's designated grant coordinator: a) a copy of the summary, purpose, and all financial paperwork associated with the assistance request, b) a copy of the executed acceptance letter or notification of denial, and c) all interim financial reports, reimbursement requests, miscellaneous billings, and cash receipts not prepared by the Finance Department's designated grant coordinator. If the items in c) are not prepared by the Finance Department's designated grant coordinator, they are to be muted through the Finance Department for review by the designated grant coordinator and, where applicable, final sign off by the Finance Director before being mailed to the external agency. 2. When applying for a grant with a City matching requirement of $25,000 or more, the grant application, with detailed statement of budget impact, will be given to the Finance Department's designated grant coordinator for review. The detailed statement of budget impact will then be routed to the Finance Director and City Manager for their signatures before the application is mailed to the external agency. The Finance Department's designated grant coordinator will maintain a file of financial paperwork pertaining to any financial assistance awarded to the City in order to facilitate an external agency audit and preparation of the necessary audit schedules pertaining to Federal Financial Assistance. All information sent or received directly by the Finance Department will be copied and muted to grant coordinator of the initiating department. 4. Where applicable, the initiating department will prepare and submit the reimbursement request. Once the request is prepared, it will be delivered to the Finance Department's designated grant coordinator for review. After the request is reviewed, the designated grant coordinator will forward it to the Finance Director for his signature, as required. 53 5. Any financial assistance funds received by the City shall be immediately receipted. A copy of the receipt will be forwarded to the Finance Department's designated grant coordinator. 6. When possible, City matching funds required by financial assistance awards for operational grants are to be included in the departmental budget during the budget process. However, if an operational grant is awarded after the budget has been completed, required City matching funds will be taken from the departmental operating budget unless either authorized in writing by the City Manager or prohibited by the grantor agency. 7. Financial assistance awarded to the City may be used to increase the authorized total project budget. In order to change the scope and dollar amount of a project, authorization must be obtained from City Council or the City Manager as outlined in the Capital Improvement Projects -Policies and Procedures section C. 8. Projects with financial assistance awards requiring matching funds will be reviewed by the Finance Department to ensure that City matching funds are available and not reduced. B. Application Procedure 1. The department initiating the request for financial assistance will prepare all grant application paperwork for submission to the external agency. 2. Prior to submission of a application for a grant requiring City matching funds of $25,000 or more, a statement of budgetary impact will be submitted to the Finance Department's designated grant coordinator and will be signed by the Finance Director and City Manager. 3. Copies of the grant application paperwork should be directed to the Finance Department's designated grant coordinator. The paperwork will include (but not be limited to) any written correspondence between the initiating department and the agency, all executed application forms, and all grant identification numbers, if applicable. C. Award/Acceptance Procedure 1. The initiating department will appoint a single contact person for each grant. This representative will keep the Finance Department's designated grant coordinator apprised of the approval process for the grant on a regular basis. If the grant is denied, the initiating department will notify the grant coordinator in a timely manner. The Finance Department's designated grant coordinator will likewise keep the initiating department apprised of all processing undertaken by the Finance Department. 2. If the financial assistance is granted by the external agency, the initiating department will prepare a resolution to submit for City Council approval. If a City Council resolution is required with grant submission, it will still be necessary to submit a resolution upon acceptance for City Council approval. The resolution will detail the budgetary impact of accepting the grant and will YI authorize the associated expenditure. The resolution will be reviewed by the Project Manager, Initiating Department's grant coordinator, and the Finance Department's designated grant coordinator prior to being submitted. 3. If the grant is approved by City Council, a copy of the signed resolution will be forwarded by the initiating department to the Finance Department's designated grant coordinator. The Finance Department's designated grant coordinator will establish the project budget in HTE and set up appropriate department account access. 4. All financial assistance acceptance letters must be signed by the City Manager, his designee, or person directed by the grant. D. Administration Procedure 1. It will be the responsibility of the initiating department to forward copies of all interim financial reports and /or reimbursement requests to the Finance Department's designated grant coordinator for review. These reports/requests should be given to the Finance Department's designated grant coordinator at least 7 working days before the deadline. The Finance Department's designated coordinator will return the documents to the initiating department within 2 working days to allow for mailing time. 2. Where applicable, financial reports and reimbursement requests will be signed by the Finance Director and the Director of the initiating department before being submitted to the external agency. Subsequent cash receipt copies will also be forwarded to the Finance Department's designated grant coordinator for the permanent audit record, as they me received. 3. The Finance Department's designated grant coordinator will maintain the financial paperwork for all grants. It will be the responsibility of this position to advise the Budget Analyst and Finance Director of the anticipated impact, as reported by the initiating department, on the current and proposed budget during the annual budget process. 55 CITY OF ALLEN ADMINISTRATIVE DIRECTIVE Y, SUBJECT: ADVERTISING NUMBER: 17 PROCEDURES EFFECTIVE DATE: FEBRUARY 2, 2000 AMENDS/SUPERSEDES: APPROVED: PETER H. VARGAS, CITY MANAGER ADVERTISING PROCEDURES A. PURPOSE The purpose of these procedures is to establish guidelines for City advertising in order to avoid conflict of interest or the appearance of favoritism. B. APPROPRIATE ADVERTISING C. Advertising is permitted for the following purposes: 1. Legal notices as determined by local, state or federal law. 2. To publicize an event, program or activity the City of Allen, City Council or City boards and commissions are sponsoring alone or with other entities. 3. To announce City Council general elections or openings on any of the City's boards and commissions. 1. City staff is responsible for submitting ads by deadline to the appropriate media. The Public Information Officer will assist as needed or requested. 2. The cost of advertising will be paid by the department placing the ad. 56 CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: WIRELESS TELEPHONE NUMBER: 18 AND ELECTRONIC PAGING DEVICE POLICY AND PROCEDURES EFFECTIVE DATE: MARCH 25,1999 AMENDS/SUPERSEDES: APPROVED: PETER H. VARGAS CITY MANAGER WIRELESS TELEPHONE AND ELECTRONIC PAGERS POLICY It is the policy of the City of Allen to provide wireless telephones and/or electronic paging devices to designated employees in order to improve productivity, enhance customer service to citizens and/or to enhance public safety services. It is also the policy of the City to maintain the right to access and disclose any and all messages communicated through electronic means when City -owned equipment is used. Regardless of the intent of the message (business or personal), any employee involved has no right to privacy, or to the expectation of privacy, concerning the content of any message or the intended destination of any message. PROCEDURES A. Applicability This policy applies to all City employees, departments and organizations. Departments which use a pool system for wireless telephones, or which have wireless telephones assigned to vehicles or positions instead of to individuals, may develop departmental policies and procedures and/or regulations which provide greater direction to their employees, as long as that direction is consistent with the City's interdepartmental policy and procedure. This policy and procedure includes City -owned wireless telephones and electronic paging devices which are not directly connected to a telephone line. It does not apply to direct wired land line telephones. B. Authorized Usage City -owned wireless telephones and electronic paging devices are intended for and expected to be used for City business. Personal usage related to work assignments and other occasional personal usage is permitted, as long as the personal use is reasonable and prudent. Depending on the department's service plan, employees may be asked to reimburse the City for the cost of personal 57 calls. Department directors will be responsible for monitoring employees' bills and taking appropriate action if abuse or misuse is found. Employees should not use wireless telephones to discuss confidential or sensitive information because wireless telephone conversations are not secured. C. Eligibility Criteria Employees eligible for assignment of City owned wireless telephones and/or electronic paging devices are those designated by the City Manager, Assistant City Manager and/or department directors, including (but not limited to): 1. City Manager's office staff, department directors and employees who are frequently in a vehicle, if the individual must conduct City business by telephone while in the field and it can be shown that cost savings and customer service efficiency will be realized through use of such devices; 2. City Manager's office staff, department directors and employees who have a critical need to maintain accessibility with other department managers, City management staff and public officials, in order to insure uninterrupted customer service and/or the integrity of the organization; public safety positions and vehicles in order to provide immediate and direct telephone communications with citizens, outside agencies cooperating in operations, or other resource entities outside of City government and to provide for communications which may be inappropriate for mobile radios; 3. all employees involved in the City's emergency response plan; and 4. department directors and employees who have responsibility for responding to public safety incidents in the field. D. Responsibilities of City Manager, Assistant City Manager and Department Directors 1. The City Manager is responsible for final approval on all requests for wireless telephones and electronic paging devices once the request has been approved by the appropriate department director. 2. The City Manager, Assistant City Manager and/or department directors are responsible for: a. approving requests for wireless telephones and electronic paging devices from their respective subordinates; b. insuring that requests are in conformance with the procedures outlined herein, or that exceptions are justified; 58 c. insuring that all persons assigned a City -owned wireless telephone and/or electronic paging device are provided access to a copy of this policy and procedure and that the individual is in compliance with it; d. conducting periodic inventories of wireless telephones and electronic paging devices, within their respective departments to insure accountability; e. conducting annual reviews of assigned devices to determine if such assignments continue to be justified; and f. informing appropriate employees responsible for City communications of all reassignments of wireless telephones and/or electronic paging devices. E. Responsibilities of Employees Employees who are assigned the use of City -owned wireless telephones and/or electronic paging devices are responsible for the following: 1. insuring the physical security of such devices; 2. insuring that all communications on such devices are kept to the briefest duration possible; 3. keeping personal communications to a minimum; and 4. insuring that any personal use does not detract from the employee's availability for completion of assigned duties. F. Use of electronic communications devices and safe driving All City employees are expected to drive with safety as the first consideration. This includes driving safely while operating wireless telephones and/or electronic paging devices. Recommendations for safe handling of vehicle -based calling from the wireless communications industry include the following: 1. When driving, use voice-activated dialing, have frequently called numbers pre- programmed into the device, or consider pulling off the road to dial (or ask a passenger to dial). 2. Do not use the wireless communications device at all if there are hazardous road or traffic conditions. G. General Statements Regarding Use of Wireless Communications Devices 1. Use of a logon password does not imply any right to employee privacy of communication. 59 2. Use of a deletion keystroke or process does not mean a message/document has been eliminated from a wireless communication device, e.g., pager. 3. On wireless communications devices owned by the City, the City and/or department reserves the right to monitor and record communications traffic at any time, without notice to any employee. 4. Any abuse in the use of which indicates inordinate use of those devices will be considered misconduct and neglect of duty, resulting in possible disciplinary action up to and including termination. Any employee responsible for inordinate use of wireless communications devices may also be held responsible for the resulting costs to the City. H. Monitoring of Wireless Communications By City Supervisors Supervisory reviews of wireless communications may be conducted for business reasons, to determine if there have been: 1. breaches of security; 2. violations of City policy; and/or 3. misuse by an employee. All such reviews must be approved by a department director or designated manager. Reviews of wireless communications that have been electronically stored may be conducted only with the approval of the City Manager or department director. I. Disclosure of Information The City will disclose the contents of retrievable wireless communication messages, upon receipt of a valid court order or legal request, including Public Information (open records) requests. The City may disclose the contents of retrievable wireless communication messages if the information will assist in official internal or criminal investigations. M. CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: P.R.LD.E. PROGRAM NUMBER: 19 EFFECTIVE DATE: APRIL 18, 2003 AMENDS/SUPERSEDES: N/A APPROVED: YE'fER H. VARCAS, CITY MANAGER P.R.I.D.E. PROGRAM City Mission To achieve excellence in managing development of the community and in providing city services so that conditions of living and public confidence are continually enhanced Vision Statement: The City of Allen is dedicated to providing efficient quality services by working in partnership with its citizens, neighborhoods, and businesses to enhance the quality of life and to create a safe, healthy, vibrant community in which to live, work, play and visit. Organizational Purpose Statement Serving with P.R.LD.E.. This program is being established to recognize and reward employees who go the extra mile to provide professional, quality customer service. "P.R.I.D.E." is a concept and an attitude. Simply stated, "P.R.I.D.E." is: P — People First: We will display selflessness by giving priority to the needs of citizens, co-workers, and employees. R — Respect: We will treat others with courtesy and dignity by valuing their ideas, opinions, needs, and differences. I — Integrity: We will serve with honesty, trust, fair play, and hard work, and we will be accountable for our actions. D — Deliver: We will follow through on commitments to self, staff, and the community, and exceed their expectations. E — Excel: We will create a work environment that stimulates innovation and continuous improvement. Eli 'bili All full and part-time personnel are eligible to participate in the "P.R.I.D.E." program. 61 "P.R.I.D.E." Goals To achieve the desired results, the "P.R.I.D.E." program will focus on the following goals Boost employee morale and motivation. Promote quality customer service. Instill a sense of "P.R.I.D.E." in quality work. Foster staff teamwork and spirit of cooperation. Improve the quality of work and increase productivity. Reinforce behaviors and actions that are valued by the City. Demonstrate City Employee "P.RID.E." and attitude to the citizens of Allen. Awards Program The program shall consist of individual awards, described below, as well as specific events to encourage participation (and recognition) of team members at the highest level possible. However, receiving one of the level awards does not preclude recognizing the achievement with an Annual "P.R.I.D.E." award. Level 1. "P.R.I.D.E. On the Spot" Recognition (Ongoing) a. Purpose—'P.R.I.D.E. On the Spot" recognition provides immediate awareness of an achievement to employees who demonstrated "P.R.I.D.E." This recognition also "launches team members" forward for the higher level awards of 2 and 3. b. Eligibility — All employees are eligible to receive "P.R.I.D.E. On the Spot" recognitions. c. Nominations — Employees presenting a "P.RID.E. On the Spot" recognition shall complete the P.R.I.D.E. recognition form and contact their department's "On the Spot" contact to select a "Candy -Gram" to be immediately presented to the recipient along with a copy of the recognition form. Each department's "On the Spot" contact shall forward a copy of the recognition form to the Human Resources Department in order to participate in further P.R.I.D.E. awards. d. Timeline - Immediate e. Criteria — • For someone that has been a `lifesaver" to another employee or a citizen of Allen. • For someone that has saved the City money. • For someone who helped out in a crunch. • For the members of a great team who completed a special task, done correctly and on time. • For someone who shows a "can -do" attitude. a f. Type of Award 1. Recipients will receive a P.R.I.D.E. recognition form from their fellow worker. These forms are intended to be the initial document that gets nominations into the "P.RID.E." awards system for levels 1, 2 and 3. Each department will have an "On the Spot Contact" who will keep extra recognition forms and provide the "Candy -Gram" to the nominator to present to the recipient of the "On the Spot" recognition. 2. For each "On the Spot' recognition, the employee will also receive one entry for a drawing of special door prizes at the Annual Banquet. Once the "P.RID.E." recognition forms are delivered to HR, the drawing entry stub at the bottom of the nomination form will be cut off and placed in the annual drawing contest. Employees must be present at the annual awards banquet to win a special door prize. The "P.R.I.D.E." Team will also prepare a list of each department's recognition recipients for each department's director. Level 2: "You Showed P.R.I.D.E." Awards (Monthly) a. Purpose - "You Showed P.R.I.D.E." awards are intended to recognize, on a monthly basis, the employee within each department group who has best demonstrated "P.R.I.D.E.." b. Eligibility — All "On the Spot" recipients from that month, except Department Directors, are eligible for the "You Showed P.R.I.D.E." awards. An individual may receive this award only once during a calendar yew. c. Nominations — Nominations are the "P.RID.E. On the Spot" Recognitions forms from that month. Once each month, department directors or designated groups of department directors, will select one employee within the department or department group and the "P.R.I.D.E." Team will present the award. d. Timeline - Directors of departments and department groups must review. Select, and notify the "P.R.I.D.E." Team Chair of the name of the award recipient for the "You Showed P.R.I.D.E." award by the 15th of the next month. e. Criteria — The directors of the department or those in a department group will meet informally to select from among the "P.R.I.D.E. On The Spot" recipients the employee that most strongly or uniquely demonstrated the characteristics of "P.RID.E.." f. Type of Award — Employee's choice of movie passes or a home movie pack (valued at $15) Level 3. "Dinner with PA-I.D.E." Awards (Quarterly) a. Purpose - "Dinner with P.R.I.D.E." awards are intended to award, on a quarterly basis, the employee within each department or department group who has best demonstrated "P.R.I.D.E.." 63 b. Eligibility —All "On the Spot" recipients from that quarter, except Department Directors, are eligible for "Dinner with P.R.I.D.E." awards. An individual may receive this award only once during a calendar year. c. Nominations — Once each quarter, department directors or designated groups of department directors, will consider the recipients of the three monthly "You showed P.R.I.D.E. Awards" and "P.R.I.D.E. On the Spot" award nominations to present this higher award to one employee within the department or department group that best demonstrated P.R.I.D.E. d. Timeline- Directors of departments and department groups must review winners of the three monthly "You Showed P.R.I.D.E." awards and "P.R.I.D.E. On the Spot" award nominations, select, and present the quarterly Dinner with P.R.I.D.E. award by the 15th of the next month. e. Criteria — Must have received a "P.R.I.D.E. On the Spot" award and may have been selected as a recipient of one of the three monthly "You showed P.R.I.D.E." awards. f Type of Award — The chosen employees will be awarded a $20 gift certificate to a local restaurant. Level 4. "Day of P.R.I.D.E." Awards (Semi -Annual) a. Purpose - To reward up to 3 employees semi-annually in recognition of a special achievement within or outside of an employee's job responsibility that exceeds normal job performance requirements and results in verifiable, significant tangible or intangible benefits to the City of Allen. b. Eligibility — All employees of the City of Allen, except Department Directors, are eligible for this award. An individual may receive this award only once during a calendar year. c. Nominations - Employees will tum in nominations to their department's administrative assistant on a "Day of P.R.I.D.E." nomination form according to the deadline provided. Each department grouping of directors will then select one nominee to forward to the Awards Committee. The Awards Committee will consist of three director: who will make the final selection of the winners. Following are suggested guidelines in considering nominees: 1. Decide when a "Day of P.R.I.D.E." award is appropriate recognition 2. Consider all qualified employees and recommend all deserving employees for a "Day of P.R.I.D.E." awards based on established criteria and procedures. 3. Initiate "Day of P.R.I.D.E." recommendations as soon as possible after employee showed "P.M.D.E." 4. Forward the completed nomination form to the department's administrative assistant who will then forward them to the Human Resources Department. 64 d. Criteria — The following examples should be considered when nominating an employee for the "Day of P.R.I.D.E." award. 1. Making a high-quality contribution involving a difficult or important project or assignment; 2. Displaying special initiative and skill in completing an assignment or project before the deadline; 3. Ensuring the mission is accomplished during a difficult period by successfully completing additional work or a project assignment while maintaining the employee's own workload; 4. Using initiative and creativity in making improvements in a product, activity program, or service. 5. Providing exceptional service to a customer by demonstrating unusual creativity, resourcefulness, or sensitivity in meeting the customer's requirements; 6. Developing new procedures or guidelines that improve the quality of services provided to the customer and increasing the customer's perception of satisfaction. 7. Other comparable employee achievements. e. Type of Award — Each selected employee will receive a day off with pay. (A day off is defined as a normal work day.) The employee is responsible for requesting supervisory approval to schedule and use a "Day of P.R.I.D.E." award. To the extent possible, it should be used within 90 calendar days from the effective date, but no later than one year from the effective date. Employees may never convert a "Day of P.R.I.D.E." award to a cash payment. An individual may receive this award only once during a calendar year. Level 5. `Excellence in P.R.I.D.E." Awards (Annual) a. Selection Panel 1. The selection panel shall consist of seven members. Five of the members shall be the winners of the previous year's awards. The Chair of the "P.R.I.D.E." Team Committee shall appoint two of the Committee's members to serve on the selection panel. If one of the previous years' winners is unable or unwilling to serve, a winner from the year before may be selected to serve as a member of the panel. 2. The selection panel shall serve for one year. 65 3. The selection panel will include a non-voting coordinator from the Human Resources Department. 4. The selection panel will review the nominations and recommend at least two nominees per award category to the City Manager. The City Manager will make the final selections. b. Nomination Process 1. All nominations shall be submitted on a "P.R.I.D.E." Application Fort and sent to the Human Resources Department. Nominations may be submitted by any employee. 2. The achievement on which a nomination is based should have started, occurred, or have been completed within the calendar year prior to the nomination submission deadline. 3. Nominations should provide accomplishments beyond normal job expectations. Items should be noted that demonstrate outstanding performance, dedication and integrity to the City (this may include a single outstanding activity but should give emphasis to a distinguished career of sustained exemplary performance). C. Criteria — The following examples should be considered when nominating an employee for an "Excellence in P.R.I.D.E." award. 1. Making a high-quality contribution involving a difficult or important project or assignment; 2. Displaying special initiative and skill in completing an assignment or project before the deadline; 3. Ensuring the mission is accomplished during a difficult period by successfully completing additional work or a project assignment while maintaining the employee's own workload; 4. Using initiative and creativity in making improvements in a product, activity program, or service. 5. Providing exceptional service to a customer by demonstrating unusual creativity, resourcefulness, or sensitivity in meeting the customer's requirements; 6. Developing new procedures or guidelines that improve the quality of services provided to the customer and increase the customer's perception of satisfaction. 7. Other comparable employee achievements. d. Categories of "Excellence in P.R.I.D.E." Awards M 1. "People First Award" The successful nominee in this category will be a dependable employee who has provided exceptional customer service to the public and other City employees. 2. "Respect Award" The successful nominee in this category will be an employee who has demonstrated respect and commitment to public and/or City staff. This employee goes beyond the expected behavior by displaying genuine concern for each person in each situation. 3. "Integrity Award" The successful nominee in this category will be to an outstanding employee, whose level of integrity, ethics, and community service are of such high quality that they tend to set the example for the rest of the City staff. 4. "Deliver Award" The successful nominee in this category will be to an employee who has demonstrated their commitment to a customer driven program and sets the standard for the customer service initiative of the City of Allen. 5. "Excel Award" The successful nominee in this category will be to an employee who uses the work environment to stimulate innovation and continuous improvement among their fellow employees. e. Types of Awards Recipients of the Annual "Excellence in P.R.I.D.E." Awards shall receive a trophy. All award recipients and nominees will be recognized by the City Manager and Mayor at the Annual Employee Awards Banquet. Award recipients will be recognized in the "Employee Hall of P.RI.D.E." exhibit for the entire year. Promotion/Publiciri To increase employee understanding of the program and its goals, and to encourage employees to participate, an informative brochure and supplemental marketing materials will be developed. Procedures and forms to be used for the awards will be made readily available and distributed to each department and satellite office. Each of the awards shall be publicized through the Employee Newsletter, at the Annual Awards Banquet, and within each of the departments on bulletin boards. Annual award winners shall be showcased in the lobby of City Hall for a period of one year, and replaced by the following year's award winners. A news release will be submitted to local news media to increase publicity of City employees. 67 All employee events shall be covered under the "P.R.I.D.E." program. This includes but is not limited to the Employee Day at the Park, Employee Appreciation Week (expanding the current Administrative Secretaries Day to include all employees), and the Employee Awards Banquet. At least two members of the "P.R.I.D.E." Team Committee will serve on each of the employee event committees. C� CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: PURCHASE OF BUSINESS CARDS NUMBER: 20 EFFECTIVE DATE: APRIL 23, 2003 AMENDS/SUPERSEDES: APPROVED: PETER H. VARGAS CITY MANAGER Puroose: The City Manager has established these guidelines for uniform business card formats to provide a consistent pattern of identification for representatives of the City of Allen. Requests that fall outside of the guidelines shall be pre -approved in writing by the City Manager or his designee. Policy: Appropriated funds may be used for the purchase of business cards (which must be used solely for conducting City of Allen related business) under the following conditions: 1. A department director or manager may allow for regular, full-time employees to use personalized business cards when there is a real and frequent need for the use of a business card when working with the public; 2. For all other employees, a generic business card will be available for use when occasional need for a business card occurs. Administrative support and clerical employees should distribute their department director's business cards or other appropriate department staff cards when needed. These cards will be generic City-wide except as requested by individual department directors or managers for large groups of employees within the same division; and, 3. Business cards will be ordered through the City Secretary's Office to ensure conformity with required formats and best pricing. Procedures: All forms should be typed and submitted to the City Secretary's Office. A completed Print Order Form is available for departmental use on the Common drive. The form will be initiated by a department director or manager (or designee) requesting business cards for employees in their division and should contain the following information: 1. Style (mandated formats --Card A —Regular, B -Fire or C -Police) to be used by City employees; M 2. Quantity (250 or 500) --Take into consideration potential moves, reorganizations, or other factors which may impact the number ordered; 3. An area for the employee to indicate his/her name, title, phone and fax number, E-mail/Intemet and street/mailing address as they are to appear on the printed cards. The maximum number of spaces allowed is also indicated for each line of information; 4. The accounting numbers must be identified within each Line/Staff/Program office; 5. Each form will contain a signature block for the approving Director or manager; and, 6. A "ship to" address. Upon receipt of business cards, the requester should immediately review the cards for accuracy of format, correctness of information requested, and verify the correct quantity. Please report any problems or changes to your original to the City Secretary's Office. 70 CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: BUSINESS DIVERSITY NUMBER: 21 PROGRAM EFFECTIVE DATE: AUGUST 26, 2003 AMENDS/SUPERSEDES: APPROVED: PETER H. VARGAS CITY MANAGER BUSINESS DIVERSITY PROGRAM SECTION I MISSION AND PURPOSE The Business Diversity Program encourages the participation of small, minority and women -owned businesses in the City of Allen procurement process. The program provides small, minority and women -owned businesses a fair opportunity to compete with large and national businesses to be service and product suppliers to the City. The Business Diversity Program informs various departments with the City of the needs and capability of the small, minority, and women -owned business community. The program provides opportunities for education and business skills development to the small, minority and women - owned business enterprises in our community. This document represents the development of the Business Diversity Program and affirms the City Council's commitment to its policy of encouraging the participation of all segments of the business community in the procurement and contracting process of the City through "good faith" efforts. The City will comply with all applicable local, state and federal statutes and regulation. The program will take effect upon adoption by the City Council Resolution. SECTIONII STATEMENT OF POLICY It is the policy of the City to assist in increasing the opportunities to involve qualified small, minority and women -owned business enterprises in the procurement and contracting activities of the City. To support this policy, City staff, by City Council Resolution, will implement this Program designed to increase small, minority and women -owned business utilization, in the procurement activities of the City. The program is a "good faith" effort to assure small, minority and women -owned businesses are afforded an equal opportunity to compete. 71 SECTION III SCOPE The policies, procedures and contracts clause established under this Business Diversity Program shall be applicable to City bidders/proposers/recipients of contracts, and related subcontracts. The policies, procedures and contract clauses shall apply to all such contracts, unless the policies are in conflict with state or federal law or rules and regulations. The provisions of this Policy and Program are declared to be separable and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this Policy or the validity of the application thereof to any person or circumstances shall not affect the validity of the remainder of this Policy or Program, or the validity of its application to other persons or circumstances. SECTIONIV PROGRAM RESPONSIBILITY The City of Allen's Purchasing Division ("Purchasing Division') is responsible for program implementation, coordination and monitoring and will ensure the cooperation of City operational staff as necessary for effective implementation of the Program. SECTION V INQUIRIES The Purchasing Division with direction from the City Manager or his designee has the overall responsibility to administer policies, standards, definitions criteria and procedures to manage the implementation, interpretation, and application of this program in a manner to achieve its stated purposes. SECTION VI DEFINITIONS A. CONTRACT — An award by the City whereby the City expends or commits the expenditure of funds for work, labor, services, supplies, equipment, materials, or any combination of the foregoing. B. BUSINESS ENTERPRISE — Any legal entity which is organized to engage in lawful commercial transactions and is actively engaged in such transactions as means of livelihood, such as a sole proprietorship, partnership or corporation, but not a joint venture except as hereinafter provided. C. DISADVANTAGE BUSINESS ENTERPRISE (DBE) — An independent small business enterprise: (a) which is at least 51.0 percent owned, as defined herein, by one or more socially and economically disadvantaged individual(s), or in the case of any publicly owned business, at least 51.0 percent of the stock of which is owned by one or more socially and economically disadvantaged individual(s); and (b) whose management and daily business operations are controlled, as defined herein, by one or more of the socially and economically disadvantaged individual(s) who own it; and 72 (c) which receives certification status as such by a regional certification agency or the State of Texas as meeting (a) and (b) of this definition. 1. Owned: a. For a sole proprietorship to be deemed a disadvantaged business enterprise, it must be owned by a socially and economically disadvantaged individual. b. For an enterprise doing business as a partnership, it is necessary that at least 51.0 percent of its assets or interests in the partnership proper to be owned by a socially and economically disadvantaged individual(s). c. For an enterprise doing business as a corporation, it is necessary that 51.0 percent or more of its assets or interests in the corporate shares be owned by a socially and economically disadvantaged individual(s). 2. Controlled: The primary power, direct or indirect, to manage a business enterprise shall rest with the socially and economically disadvantaged individual(s). 3. Share in Payments: The socially and economically disadvantaged partners, proprietor or stockholders of the enterprise, as the case may be, shall be entitled to receive 51.0 percent or more of the total profits, bonuses, dividends, interest, payments, commissions, consulting fees, rents, procurement, subcontract payments and any other monetary distribution paid by the business enterprise. 4. Socially and Economically Disadvantaged Individuals: Individuals who are citizens of the United States (or lawfully admitted permanent residents), and who are Women, Black Americans, Hispanic Americans, Native Americans, Asian Pacific Americans, or Asian -Indian Americans and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act, or individuals who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities and whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. There shall be a rebuttal presumption that individuals in the following groups are socially and economically disadvantaged. a. `Black Americans" which includes persons having origins in any of the Black racial groups of Africa; b. "Hispanic Americans" which includes persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish or Portuguese culture or origin, regardless of race; c. "Native Americans" which includes persons who are American Indians, Eskimos, Aleuts or Native Hawaiians; 73 d. "Asian -Pacific Americans" which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific and the Northern Mariannas; e. "Asian -Indian Americans" which includes persons whose origins are from India, Pakistan and Bangladesh; f. "Women." D. MINORITY BUSINESS ENTERPRISE (MBE) — Means a business enterprise that is owned and controlled by one or more minority person(s). Minority persons include the ethnic categories defined under the DBE definition except for women. The MBE must also satisfy the owned and controlled provisions under the DBE definition. E. WOMEN BUSINESS ENTERPRISE (WBE) — Means a business enterprise that is owned and controlled by one or more females. The WBE must also satisfy the owned and controlled provisions under the DBE definition. F. SMALL BUSINESS — As defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto except that a small business shall not include any business or group of businesses controlled by the same socially and economically disadvantaged individual(s) which has annual average gross receipts in excess of the standards established by the Small Business Administration's regulation under 13CFR 121 for a consecutive three-year period. However, no firm is considered small if, including its affiliates, it averages annual gross receipts in excess of $17 million over the previous three (3) fiscal years. G. JOINT VENTURE — An association of two (2) or more persons, partnerships, corporations or any combination thereof, founded to carry on a single business activity which is limited in scope and duration. H. BIDDER/PROPOSER — Any person, firm, partnership, corporation, association or joint venture as herein provided seeking to be awarded a City contract by a competitive process. I. SUBCONTRACTOR — Any named person, firm, partnership, corporation, association or joint venture as herein provided identified as providing work, labor, services, supplies, equipment, materials or any combination of the foregoing, under contract with a prime contractor or City contract. 74 SECTION VII IMPLEMENTATION OF POLICY/PROGRAM ADMINISTRATION The Purchasing Division will administer, monitor and seek compliance to implement the Business Diversity Program and will perform in a manner as may be necessary to achieve the "good faith" efforts of the program. Each department of the City which shares responsibility for the award of a City contract has a responsibility to promote, support, and assist in carrying out the "good faith" efforts of the Program. Departments are to be held accountable for performing specific required functions in support of the Program, and any other functions(s) deemed necessary by the City Manager. The Purchasing Division has the following specific Program responsibilities. • Responsible for the City's Business Diversity Program. • Administer compliance of this Program in a manner as may be necessary to achieve its stated purposes. • Develop and maintain systematic procedures to ensure that Small, Minority and Women - Owned Business Enterprises are afforded an equal opportunity to compete on all City contracts including, but not limited to, the timely dissemination of bid/contract information, assistance and opportunities, conducting workshops, attending trade fairs, attending pre- bid/pre-proposal conferences, contractor compliance, technical, financial, and managerial assistance, etc. • Participate and support acceptance of regional certification of targeted Small, Minority and Women -Owned Business Enterprises. • Review and ensure the certification status of Small, Minority and Women -Owned Business Enterprises, as well as other entities claiming disadvantaged business enterprise status. • Prepare annual reports to the City Manager on the progress of the Business Diversity Program and also recommend program changes necessary to improve the overall effectiveness of the Program. • Make plans and specifications relating to City contracts available to prospective bidders in sufficient time for adequate review. In coordination with outside resource agencies, provide access to copies of City requests for proposals, construction plans and specification to such agencies, thus enabling Small, Minority and Women -Owned Business Enterprises to review the plans without purchasing or placing a deposit on them, and within sufficient time, to allow a timely response. • Ensure that all prospective bidders, including targeted businesses, are advised of the estimated cost range of the City construction project to avoid overbidding. This provides a frame of reference in which to bid City projects. 75 • The Purchasing Division shall maximize the participation of Small, Minority and Women - Owned Businesses in soliciting quotes for bids under $10,000 (informal bids or contracts) by utilizing the State of Texas Historically Underutilized Business listing. SECTION VIII OUTREACH — INTERNAL AND EXTERNAL An integral component of this Program is the process, procedure and formalized effort to identify, solicit, and ensure participation by targeted businesses on the City's contracting opportunities. The City is committed to "good faith" efforts in providing equal contracting opportunities for all segments of the business community. The Program's outreach efforts are designed to document initiatives and establish procedures which best inform, present, and receive feedback for maximum consideration and participation by Small, Minority and Women -Owned Business Enterprises. Key to the City's outreach efforts are internal and external communication and interaction by the Purchasing Division and other City departments with the Small, Minority and Women -Owned Business Enterprise community. INTERNAL COMMUNICATION: Each City department, that has, or shares responsibility for the award of a City contract, has a responsibility to support and assist in promotion, and implementation of this Program. EXTERNAL COMMUNICATION: Communication and support of the Program initiatives by entities that represent or promote Diversity in Business is a crucial element to a viable and effective program. The Purchasing Division will participate in business out -reach enterprises that support activities, and look to these entities as the principal organizations to generate active support and participation that directly impacts the Small, Minority and Women -Owned business community. SECTION IX GOOD FAITH EFFORTS The types of evidence of good faith efforts include but are not limited to: 1. Soliciting through all reasonable means (attendance at pre-bid conferences, advertising). 2. Where appropriate, and in accordance with applicable law, breaking out contract items into economically feasible units to facilitate the participation of Small, Minority and Women -Owned Business Enterprises. 3. Providing access to information to all interested Small, Minority and Women -Owned Business Enterprises with adequate information about the plans, specifications, and requirements of bids/contracts in a timely manner to assist them in responding to a solicitation. 76 4. Utilizing the services of available small, minority and women's community organizations, contractor groups, local, state, and federal small, minority and women's business assistance offices. SECTION X RECORDS AND REPORTS To monitor the progress of the Program, the City shall establish and maintain a record system designed to: 1. Assess overall Small, Minority, and Women -Owned Business Enterprise awards of City contracts. 2. Identify additional qualified Small, Minority and Women -Owned Business Enterprises. 3. Identify and list certified Small, Minority and Women -Owned Business Enterprises to be available to all interested parties. The Purchasing Division will issue an annual report to the City Manager detailing the City's utilization of Small, Minority and Women -Owned Business Enterprises. 77 CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: NUMBER: 22 TREE MITIGATION APPLICATIONS FOR CITY OF ALLEN PROJECTS EFFECTIVE DATE: OCTOBER 2 2003 AMENDS/SUPERSEDES: APPROVED: PETER H. VARGAS, CRY MANAGER TREE MITIGATION APPLICATIONS FOR CITY OF ALLEN PROJECTS 1. PURPOSE The purpose of this policy is to support the uniform application and enforcement of tree loss mitigation requirements as set forth in Ordinance No. 1845-6-00, The Allen Land Development Code, hereinafter referred to as the "Code" as it relates to the City of Allen tree preservation activities associated with City construction and tree planting. 2. COVERAGE This policy applies to all City projects, regardless of location, size, type and departmental jurisdiction. Nothing contained herein shall be deemed to waive any other policy related to tree loss mitigation. 3. APPLICATION 3.1 City -owned projects are subject to all requirements of Article VII, Section 7.06, Tree Preservation, of the Code, including but not limited to the following: 3.1.1. The definition of "Owner" in the Code applies to the City of Allen with regard to projects undertaken by the City of Allen. 3.1.2. As Owner, the City of Allen is required to obtain a Tree Removal Permit for all projects which may directly or indirectly require the cutting down, destruction, and/or removal of any tree as set forth in Section 7.06.2.1 of the Code. 3.1.3. The Department responsible for managing a project is responsible for making a Tree Removal Application. The application fee will be waived. 3.1.4. Tree Removal Permits shall be issued by the City Urban Forester to the Department directly responsible for the management of a given project, once all requirements of the Code have been met. 78 3.1.5. Notwithstanding, trees permitted for removal must be removed within ninety (90) days of issuance. A single thirty (30) day extension of the permit may be granted, after which a new Tree Removal Permit must be obtained. 3.1.6. Tree Removal Permits shall include all information required in the Code. 3.2. The City invests in trees throughout the City on a continuous basis. These tree plantings or purchases are funded with City funds to place or preserve trees where they are needed most at a time when funds are available. The overall City goal is to plant and preserve trees throughout the City at a rate equal or greater than that prescribed in the Allen Development Code, Section 7.06. The City will look at the composite value of tree credits as individual projects are brought forward. Each individual project, tree planting or purchase shall contribute to the City-wide tabulation of negative and positive tree credits. 3.2.1. Tree credits shall be calculated on a City-wide basis, wherein mitigation trees and replacement trees, if required, are associated with the City as a whole. For tree removal/credit purposes, the City will be divided into quadrants using US 75 and McDermott Drive/Main Street as the dividing line. Each quadrant will be expected to stand on its own. 3.2.2. The City Urban Forester will maintain a list of positive and negative tree credits associated with all City projects by quadrant. The City Urban Forester will file a tree credit report with the Parks and Recreation Director which will be forwarded to the City Manager every March, summarizing where the City stands on positive and negative tree credits so funding decisions related to tree mitigation will be made. 3.2.3. Trees planted or purchased as part of a municipal project that include landscape plantings (e.g., streetscapes, urban image projects, park landscapes, etc.) may constitute mitigation or replacement trees for impacts on the subject project site only. Required landscape trees shall not take the place of mitigation trees. 3.2.4. In an effort to plant or purchase trees that have been funded by the City as soon as possible, the City shall be allowed to bank positive tree credits prior to the initiation of an individual City project. The City shall be allowed to count "banked" tree credits as mitigation or replacement credits toward any City project within a given quadrant. iiT CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: CITY CASH HANDLING PROCEDURES NUMBER: 24 EFFECTIVE DATE: DECEMBER 1, 2003 AMENDS/SUPERSEDES: APPROVED: PETER H. VARGAS, CRY MANAGER The establishment of strong internal controls for cash collections is necessary to prevent mishandling of funds and to safeguard against loss. hi addition, strong internal controls are designed to protect employees from inappropriate charges of mishandling funds by defining employee responsibilities in the cash handling process. Cash is considered to include coin, currency, checks, money orders, and credit card transactions. A. General Cash Controls 1. The components of cash handling — collecting, depositing, and reconciling — should be separated so that one individual does not have responsibility for more than one component. 2. Physical protection of funds through the use of bank facilities, vaults, and/or locked cash boxes/drawers shall be practiced at all times. 3. All checks received should be immediately endorsed with a restrictive endorsement. 4. When credit card payments are received, ensure the amount charged to the credit card agrees with the amount entered into the system. Do not allow the walk-up customer to leave with the top copy of the credit card receipt. 5. A sign shall be prominently displayed in each cash collection area advising customers that a cash receipt is available upon request. B. Cash Receipting 1. All departments with cash operations should have a permanent collection record, such as a cash register tape or system generated report, that has a record of all transactions including voids, refunds, and cancellations. is 2. All revenues collected should have a receipt issued at the point of sale or collection, unless exempted by the Finance Department. If unable to use the on-line cash receipting system to generate a receipt, an official, pre -numbered receipt (in triplicate) may be used. 3. All handwritten receipts should be pre -numbered to ensure there are not any lapses in sequence. C. Deposits 1. The general operating standard for deposit of negotiable funds to the primary depository shall be within 24 hours of receipt of those funds. The Finance Department should weigh reasonableness and practicality versus security in determining the timing for deposits of small amounts, but deposits shall be made at least weekly. All deposits not made daily are to be held in a secure City location. 2. Deposit all funds received. Do not make refunds, pay expenditures, or create a change fund from cash receipts. 3. Departments not serviced by the armored car shall deliver their deposit in a sealed bank bag to the Utility Billing Department. The deposit is to be logged on the Daily Cash Report. Both the Customer Service Representative and Department representative will initial the log. The sealed bank bag will remain in a secure location until the next armored car pick up. 4. Along with the sealed bank bag, each Department shall submit a balance sheet (see attached example) and required documentation to the Utility Billing Department. Required documentation includes each Department's system generated report of all daily cash received (if applicable), the Daily Cash Post Listing from HTE, and copies of checks that meet the following criteria: 1) $10,000 or more; 2) grant funds in any amount; and/or 3) donations in any amount. 5. If a loss/shortage occurs, it should be noted on the balance sheet and signed off by the immediate supervisor or manager. If the supervisor/manager is not available, a copy of the balance sheet is to be made and forwarded for their review. Finance will key these amounts into the system. It is the responsibility of each Department to monitor losses/shortages. Significant losses are subject to an internal investigation and the appropriate disciplinary action, including termination, will be taken. D. Change Funds 1. Change funds are to be maintained only for the intended purpose and are not to be commingled with other cash funds. No department/division shall maintain a change fund without establishing such funds with the Finance Department. 2. Each change fund should be established for a set amount as requested on the check request and maintained at that amount at all times. 0 3. When possible, each change fund should have an individual designated as custodian with specific responsibility for the fund. If it is necessary for employees to share a change fund, the number of employees with access should be limited. 4. Change funds are not to be used as petty cash funds. They are to be used only for making change. Cash receipts are not to accumulate in a change fund. Each change fund is to be balanced daily and all receipts are to be deposited daily. The balancing documentation should be maintained for future references. 5. Personal transactions with change fiords are prohibited. Monies may never be borrowed nor loaned from change funds, nor may personal checks be cashed from receipts. E. Petty Cash See Petty Cash Policy F. Returned Checks/EFTs When a check or EFT (electronic funds transfer) does not clear the bank, the Finance Department will receive a notice from the bank. That notice will be forwarded to the Department that originally deposited the check/EFT. It is that Department's primary responsibility to collect on the returned check/EFT, in addition to the returned check service charge. If the Department is unable to collect on the check within 90 days, the check/EFT shall be returned to Finance for a final determination to write off the bad debt, pursue legal recourse, or collection through an agency for the bad debt. G. Banking Services and Account Opening Policy 1. The Finance Department is responsible for the City's banking relationships. A separate, but coordinated, process shall be conducted for armored car services. 2. Establishing or closing bank accounts is the responsibility of the Finance Department. 3. Any document requesting an authorized signature for bank related services should be forwarded to the Finance Department. H. Audits of Change Funds 1. At any time without notice, the Finance Department may audit the change funds. The current cash balance should equal the established balance for the fund plus current day's receipts. M. CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: ACCOUNTS PAYABLE — POLICIES AND PROCEDURES NUMBER: 25 EFFECTIVE DATE: DECEMBER 1, 2003 AMENDS/SUPERSEDES: NO. 11 APPROVED: PETER H. VARGAS, CITY MANAGER ACCOUNTSPAYABLE— POLICIES and PROCEDURES The Accounts Payable Section of the Finance Department is responsible for reviewing all invoices and for malting payments of all legally incurred and properly authorized obligations of the City of Allen except payroll. Payments will be issued in a manner to maintain the credit worthiness of the City and to take advantage of all available discounts. Accounts Payable is the primary contact for all Vendor inquiries regarding payment of invoices. These policies and procedures do not pertain to payments on Capital Improvement Projects that have separate policies and procedures. A. Original Invoice In order to avoid duplicate payments, Accounts Payable should receive all original invoices directly from each Vendor. If a Department receives an original invoice, it should be forwarded promptly to Accounts Payable. The invoice should have a reference to the issued PO number in the system. Payments are not typically processed based on statements received from Vendors. Unpaid invoices are filed by due date. The Finance Department will monitor the due dates to ensure timely payment. Invoices for items not processed through the purchasing system (i.e. dues and subscriptions, professional services) will be coordinated between the Senior Administrative Assistant and originating department to ensure prompt payment. B. Authorization of Payment 1. Invoice Match to Purchase Order in System a. If the invoice matches the receipted PO in the system (see Receipt Processing in the Purchasing Manual), the invoice information will be entered and the due date set as the invoice date plus 30 days. If there is an available discount, it will be entered and the due date adjusted to take advantage of the discount. W b. If the information does not match a receipted PO, there is no PO reference on the invoice or the invoice includes sales tax, a copy of the invoice is sent to the originating Department requesting corrective action. The Department must correct the system or contact the Vendor to resolve any discrepancies. C. The Department will advise Accounts Payable of the corrective action or resolution and the invoice will be processed. d. The unpaid invoices remain filed by due date to facilitate future processing for payment. e. Departments should never combine several invoices as one amount on a BPO and should never offset a credit memo and a charge as one amount on any PO. Both practices will result in the invoices being returned to the Department to correct the entry(ies). Each invoice and credit memo must be entered separately to avoid delays in processing and to develop a history for each invoice and credit memo to prevent future duplicate payment. Receipt of Approved Check Request (See attachment for example of a Check Request form) a. Approved check requests are manually entered into the system by the Finance Department; therefore, the originating Department should verify the availability of unencumbered funds prior to submitting to Accounts Payable. If a check request causes an expense category to be overdrawn, future processing of PO payments against the overdrawn account will not be allowed in the system. Only the City -approved check request form should be used. b. Checks issued as payment of check requests are normally processed on the first check run following entry into the system. C. Due to the required manual processing, check requests should be utilized on a limited basis. They should be used to issue refunds, to split costs between funds or Departments and to charge balance sheet accounts. d. The appropriate back up must be attached to the check request to verify the expenditure. e. Copies of attachments to be mailed with the check must also be provided. This copy will be attached to the check copy which is filed in the accounts payable files. f. If paying a credit card bill, itemized receipts (not charge slips) for each expenditure must be attached. g. Check requests are not to be used for employee reimbursements or advances. Reimbursement/advance requests must be submitted on a business expense form and entered as an FPO by the originating department (see the travel policy.) 84 3. Utility Customer Refunds and Overpayments a. The Utility Billing Department compiles a CIS (Customer Information System) batch for customer utility refunds and overpayments. This batch is produced from the Utility Billing nightly update. b. Within the CIS system controls, the Accountant's user ID is listed as the user the batch is sent to. The batch references CIS only so the Accountant enters the same date as the transaction date to the group header. The Accountant then changes the user ID to the appropriate staff in Accounts Payable. C. The appropriate staff in Accounts Payable edits the batch for the invoice number and description. The invoice number is edited to the complete customer account number and the description is edited to the address of the customer. d. The Utility Billing Department provides copies of customers' statements reflecting the overpayment for inclusion with the refund check. C. Processing Batches and Approvals 1. The appropriate staff in Accounts Payable generates daily accounting reports. This process creates PO and FPO batches. Items in these batches have all approval levels completed in the purchasing application. The appropriate staff in Accounts Payable must post the PO and FPO Encumbrance batches before posting the AP batches. 2. Edit batch reports are printed for AP, PO, FPO and CIS batches by the appropriate staff in Accounts Payable. 3. The edit batch reports with supporting documentation are given to the Accounting Manager, Budget Analyst or Senior Accountant for review and approval. 4. The appropriate staff in Accounts Payable processes any required changes and updated edit batch reports are given to the Accounting Manager, Budget Analyst or Senior Accountant for review and approval. 5. As batches are approved, the appropriate staff in Accounts Payable posts them to the system. 6. Approved posted batch reports are filed in binders for future reference. D. Issuance of Checks 1. Checks are issued once each week, on Fridays. The receipting of a PO, with the original invoice in Accounts Payable for processing, or approved FPO must be completed by noon on Wednesday for a Friday check. Check requests must also be received by Accounts Payable for processing by noon on Wednesday for a Friday check. Checks will not be issued on any other days. 85 2. Invoices are systematically selected for payment based on their due date. Normally, the invoices selected for payment will include all items with a due date that is one week after the issue date. The appropriate staff in Accounts Payable prints the Expenditures Approval Listing (EAL) report for the selected due date and reviews it for reasonableness and accuracy. If there are no changes to be made, the checks are printed. One check is generally issued per Vendor which lists each individual invoice or credit memo and the amount of each. However, if a Department would tike multiple checks to the same vendor, complete a check request indicating separate check or write "do not combine" on the top of the invoice next to the FPO number. 3. Checks are printed on blank check stock. This process reduces the possibility of check fraud since there is no inventory of pre -numbered, pre -encoded blank checks. 4. The printing process records the payment information, check number, encoding information and two facsimile signatures with magnetic ink for checks less than $5,000. If the check is for $5,000 or more, two authorized individuals must sign it. The authorized check signers are the City Manager, Director of Finance, Assistant Finance Director, and designated Senior Accountants. 5. After completion of the check processing, a check register and two copies of each check are produced. The check copies produced are: a. White Copy— Original check mailed to Vendor. b. Yellow Copy — Filed with support in Vendor file. 6. The check register, all original checks (white copy) and yellow copies with support for all checks that are for $5,000 or more are given to the Director of Finance for review and signature by the appropriate authorized check signers. After review, all are returned to the Senior Administrative Assistant to be mailed to the Vendors. 7. Each check is mailed to the Vendor with all necessary attachments. Only under special circumstances will a check be returned to the originating Department. In such instances, the Department should highlight this request on the submitted documentation. Since the Accounts Payable files are the permanent record of all payments made by the City except payroll, any additional documentation provided to the Vendor by the Department prior to mailing should also be provided to Accounts Payable upon submission for processing. E. Review by Departments If a PO and a FPO are processed for the same item, the general ledger will reflect a double encumbrance for this item. To prevent this duplication, Department Heads should review on a regular basis open POs to determine that all are valid, the goods or services have not been received and none are duplicated. If duplication is discovered, the PO should be cancelled if it has been paid with a FPO and the duplicated funds will become unencumbered. EIR F. Vendor Inquiries Accounts Payable is responsible for responding to inquiries from Vendors regarding the status of unpaid invoices and for reviewing monthly statements received from Vendors. These responsibilities, which are most important in promoting and maintaining satisfactory credit standings with suppliers, frequently require the cooperation of Department representatives in identifying purchases, in determining status and location of material or documents and in preparing documents for payment. Vendor statements, duplicate invoices and vendor inquiries should be forwarded promptly to Accounts Payable. ABBREVIATIONS: AP = Accounts Payable PO = Purchase Order BO = Blanket Purchase Order FPO = Field Purchase Order CIS = Customer Information System (Utility Billing) FE CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: VEHICLE REPLACEMENT FUND POLICY and PROCEDURES NUMBER: 26 EFFECTIVE DATE: FEBRUARY 1, 2004 AMENDS/SUPERSEDES: APPROVED: PETER H. VARGAS, CITY MANAGER 1.0 PURPOSE To establish policy and procedures to ensure that adequate funds will be available to purchase vehicles and equipment and to fund that part of the City of Allen's capital budget related to the purchases, thereby stabilizing the budgeting for major vehicles/related items and other equipment purchases. To provide for such replacement and procurement and administer the disposition of the replaced vehicles and equipment. 2.0 POLICY 3.0 2.1 All City of Allen fleet vehicles will be owned by the Vehicle and Equipment Replacement Fund (VERF) and leased to the user departments/programs. 2.2 Major pieces of equipment ($10,000 or more), not included in 2.1 above, may be purchased and owned by the VERF and leased to the user departments/prograrns if approved during the budget process. This does not include technological equipment. 2.3 All user departments will be charged a monthly replacement fee for each vehicle and equipment allocated to their use from the VERF. Such fee will provide funds to purchase replacement vehicles and equipment. 2A Every vehicle and/or piece of equipment replaced will be surrendered simultaneously with, or prior to, the allocation of the replacement. A determination will be made prior to the time of the purchase of the replacement as to the disposition of the item being replaced. 2.5 Accounting for vehicles/equipment sold as surplus property will be credited to the VERF or pursuant to 4.6 (C) if related to a grant. 2.6 The VERF is for procurement and replacement of vehicles and equipment. New vehiclea/equipment, additions or upgrades, may be purchased by the VERF with the City Manager's Office (CMO) approval during the budget process. A monthly replacement fee will be charged to the user department/program based on the expected life of the vehicle/equipment. 3.1 Vehicle and Equipment Replacement Fees. A. Replacement Fees. L& 1. Departments/programs will be charged monthly replacement fees for vehicles/equipment assigned to them, based on their expected useful life. a. Expected useful life. 1) Vehicles Police patrol/motorcycle vehicles 3 years Basic sedans, field or crew pickup trucks (includes 4 -wheel drive vehicles) less than 15,000 GVW 5 years Supervisor or non -field pickup trucks 7 years Large trucks, 15,000 and over GVW, excluding fire trucks 10 years Fire trucks 15 years 2) Equipment (classified as rolling stock and the cost is $10,000 or more.) 10 years The life of some vehicles/equipment may be adjusted on a case-by-case basis. b. Fee calculation. 1) Vehicle/equipment charges will be based upon the normal expected useful life of the vehicle/equipment in accordance with the following formula: Historical Cost X 3% annual inflationary cost factor of vehicle X % below No. of months of expected life = Normal monthly fee charged 2). The annual inflationary cost factor used above will be reviewed by the Review Committee and adjusted as needed during the budget process. The replacement fee percentage used in the above formula will be computed annually, based on the relationship of VERF unencumbered cash to the fund's accumulated depreciation. The following is a schedule of percentages to be used in the above calculation: If the ratio is 50% or less, the percentage to be used is 100% 51% to 65% 90% 66% to 80% 80% 81 % and above 70% M 4.0 Note: Funds which have not contributed all of their initial replacement fee requirement will not be eligible for any discounted percentage until this has been paid in full to the VERF. 3) During the budget process, approval may be given to purchase additional vehicles and major pieces of equipment from the VERF or the appropriate user's budgeted capital line item. When an additional vehicle or piece of equipment is purchased from the VERF it will be charged at twice the nominal monthly fee until the total cost is recovered. After the cost has been recovered, the normal fee calculation will go into effect. 4) Vehicles/equipment beyond their expected useful life will be charged the annual inflationary cost on the total dollar value of the asset as calculated by 1) above, until replaced or purged from the fleet. C. Charges to user departments will be reviewed periodically by the Review Committee to determine sufficiency as replacement resources. d. Department/funds will be charged a lease feefor donated vehicles/equipment pursuant to Section 4.6. B. Maintenance costs are not included in the use fee and will be charged back to the user department/program as an additional matter. 3.2 Investment Earnings. A. Temporarily idle funds will be invested, with investment earnings credited to the VERF. Such investments will be managed by the Finance Department. 3.3 Sale of Surplus Property. A. Once a purchased vehicle or piece of equipment has been purged, it will be sold as surplus property. The revenue from such sale will be credited to the VERF. B. Donated vehicles/equipment will be owned by the Vehicle & Equipment Replacement Food (VERF). The revenue from the sale of these items will be credited to the VERF. 4.1 Replacement Criteria. The following criteria will be utilized as a minimum when considering vehicles/equipment for replacement. Other factors may be used as they are pertinent and appropriate. A. Usage minimum/maximum. Vehicles/equipment which are used minimally are potential candidates for reallocation or purging. The CMO will have final approval for reallocations and recommendation for such will be submitted by the Review Committee, to the CMO by April 30. RES 2. High mileage vehicles will be reviewed on a case-by-case basis. 3. User comments will be received for consideration and submitted to the CMO along with the Review Committee's recommendation by April 30. B. Purpose of use. 1. Is the vehicle/equipment, currently allocated, adequately meeting service requirements for the user? C. Repair/maintenance costs. 1. Are repairs to the vehicle/equipment too costly to justify retention for an additional year or more? 2. Are repair parts readily available? 4.2 Vehicles and Equipment Reviewed Annually. A. Physical Inventory of Vehicles At the direction of the Finance Department a physical inventory of vehicles and rolling stock shall be completed by January 31 of each year. Each department shall submit to the Finance Department/Budget Division a complete listing of vehicles or rolling stock and related equipment that is assigned to their department. The inventory shall include: vehicle or equipment number, description of vehicle or equipment (make, model, year), division or program the vehicle is assigned, and mileage or hours of operation. The Finance Department shall cross reference the submitted inventories with the previous year's records. Spot field audits to verify submitted inventory lists shall be completed by the City Manager's designee. B. Review Committee Assessment Vehicles/Equipment are not automatically replaced on a set schedule, but rather as they qualify by criteria. The annual assessment by the Review Committee is part of the final budget decision process. Further, there is no intention of replacing vehicles/equipment on the basis of expected useful life as was set forth in 3.1 (A) (1) (a). The primary evaluation criterion shall be the function which the vehicle is used to perform, not the level of utilization. A recommendation relative to the need to reassign or purge the vehicle shall be made to the City Manager for final review. 43 Budget Request for Replacement/Procurement. A. When a vehicle/equipment is identified for replacement, a request form (see Exhibit A) will be initiated by the user in conjunction with the budget process. 1. Completion of Request Form. 91 a. Done early in the budget process based on the budget calendar, but no later than April 15. b. Identify vehicle/equipment being replaced. 1) Year, model number, mileage/hours, and City of Allen's asset number. C. Requires a full explanation of the reasons for replacement, including maintenance costs. d. If an existing vehicle/equipment is being replaced with an upgraded vehicle the reason for the upgrade needs to be noted on the request. 2. Submitted by user department to the Review Committee. a. A review of the request from is performed by the Review Committee. b. The Review Committee notes their concurrence/non-occurrence on the request form and forwards it to the Finance Department for calculation of the replacement fee. Such calculation is based on the normal expected useful life per paragraph 3.1 (A) (1) (a)or (b). The Finance Department enters the approved lease fees into the system. It is then forwarded to the user department. C. The Review Committee may submit alternatives to the requested replacement/procurement which could better serve the city of Allen. 3. The user department submits the request form with the department's budget. 4.4 Purchase of Replacement/Procurement of the Vehicle/Equipment. A. Pursuant to the Purchasing policies and procedures, a requisition for the approved replacement is prepared by the user department. Identify vehicle/equipment being replaced. a. Year, model number, mileage/hours and City of Allen's asset number. b. Can be only the replacement approved in the budget. 2. Review by the Purchasing Manager is required prior to submitting for bidding process. B. A requisition for the approved procurement is prepared by the user department and submitted to the Purchasing Department. Identify type of vehicle/equipment to be purchased. a. Type of usage b. Estimated cost 92 C. Specifications for replacement/procurement vehicles/equipment covered within this policy may be reviewed and approved by the Review Committee. This includes all amendments to previously approved specifications. 4.5 Replaced Vehicles/Equipment. A. Every vehicle and/or piece of equipment replaced will be surrendered simultaneously with, or prior to, the allocation of the replacement. A determination by the Review Committee will be made prior to the time of the purchase of the replacement as to the disposition of the item being replaced. 1. Notice is to be given to the Finance Department of all vehicles/equipment surrendered. B. Reallocation of unit. 1. Dependent on the vehicles/equipment condition and restoration status, the Review Committee could recommend to the CMO that the surrendered vehicle/equipment be reallocated. a. For budgeted addition, or b. To replace existing vehicle/equipment C. Notification of reallocation will be made to the Finance Department by the Review Committee. d. The Review Committee may recommend a replacement fee that differs from 3.1 (A) (1)(b)(4) for a vehicle that is reassigned and results in the addition to the fleet. C. Disposition of vebicles/equipment. 1. All vehicles/equipment surrendered must be disposed of unless retention is approved by the CMO. 2. The Finance Department must be notified of the disposition of all vehicles/equipment which have been replaced. a. Notice to be given of vehicles/equipment listed for sale. Finance will make necessary adjustment to the fixed asset inventory. b. Notification of disposition will be made by the Purchasing Division. 3. The Risk Manager must be notified of the disposition of all vehicles/equipment within 15 working days of their purge from the City of Allen fleet. a. The Risk Manager will then make required notification to the insurance carrier. 93 b. Notification will be made by the Purchasing Division. D. Treatment of vehicles/equipment which have been totaled. Vehicles/equipment which are considered totaled by the insurance company will be replaced by the VERF. 2. Insurance proceeds for totaled vehicles/equipment will be deposited in the VERF. 4.6 Donated/Seized/Grant Vehicles and Equipment A. Replacement of vehicles/equipment which has been donated will follow the same criteria and procedures set forth in 4.0 REPLACEMENT OF VEHICLES/EOUIPMENT in this administrative regulation. Budgeting for the replacement will be in the VERF if a replacement fee had been assessed for the vehicle/equipment. Otherwise, the replacement will be treated as a new purchase if historical replacement fees had not been assessed. B. Notification to the Finance Department of any donated/seized/grant vehicles and/or equipment will be made by the user department within seven days of receipt. C. Disposal of grant vehicles/equipment shall be conducted within the guidelines of the grantor agency. D. Seized vehicle will not be charged a replacement fee since they will not be replaced. 5.0 TWENTY-FOUR HOUR USE OF VEHICLES 5.1 See the City of Allen Vehicle Use Policy t#f Vehicle and Equipment Request Replacements Only Department: Program: New No. New Unit Total Item(s) Rea Cost Cost Account# TOTAL $ Old # Old Unit -Historical Item(s) Mi./Hr. Ase, Maintenance Cost Account # DEPARTMENTAL Provide historical annual maintenance costs for each vehicle or equipment that is being replaced through the VERF. Replacement Lease Fee Amount Prepared by Accounting Date Vehicle Replacement Request: Recommend Replacement Disposition of Replacement: Recommend Denial Recommend Denial and purge current equipment Date - Vehicle Replacement Committee M CMO USE ONLY CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: CITY VEHICLE USE NUMBER: 27 EFFECTIVE DATE: FEBRUARY 18, 2004 AMENDS/SUPERSEDES: CITY VEHICLE USE NO.3 APPROVED: PETER H. VARGAS, CRY MANAGER CITY VEHICLE USE POLICY It is the policy of the City of Allen to provide City vehicles for employee use in certain circumstances and situations, and to provide vehicle allowances or mileage reimbursements to other employees who are required to use their personal vehicles to conduct City business. The City of Allen desires to have established procedures which will ensure consistency concerning the use of "take-home" City vehicles. The City also desires to establish consistent guidelines for those employees who receive vehicle allowances and mileage reimbursements. Decisions regarding the use of vehicles which are not explicitly stated herein will be left to the discretion of the appropriate Department Director, as authorized by the City Manager. Department Directors are authorized to administer, provide guidance, and ensure compliance with this Policy. VEHICLE OPERATOR STANDARDS I. PURPOSE The purpose of this Policy is to establish consistent procedures for the use of City of Allen vehicles, to establish conditions for taking City vehicles to an employee's residence, and to establish procedures applicable to City employees who receive vehicle allowances or mileage reimbursements. II. DEFINITIONS A. A City vehicle is defined as any passenger car, truck, motorized equipment, or similar type vehicle as defined by the Texas Motor Vehicle Law which is owned, leased, rented, or otherwise under the care, custody, or control of the City of Allen, including police and fire vehicles. B. Motorized equipment includes, but is not limited to, backhoes, bulldozers, mower - tractors, loaders, graders, and similar equipment that requires a state -issued driver's license for operation on public roadways. M C. Driving records include the complete driving history of an employee as can be discerned from any official records. D. City business is defined as any work done by a City employee on behalf of the City E. Authorized personnel are defined as City employees who have been designated by their Department Head to use a City vehicle within the course and scope of their duties. F. "On-call" employees are those City employees who drive City vehicles to and from their home, conducting after hours service calls. Authorized personnel shall be required to meet the following minimum conditions of eligibility for the privileges under this policy: A. Have reached the age of eighteen years to operate City vehicles. B. Have accumulated fewer than ten (10) points on the Operator Standard scale as judged by the Human Resources Department review of the employee's driving records. (See Chapter 19.04 in the Personnel Policies and Procedures Manual) C. Be able to operate properly and safely a City vehicle with or without accommodation. D. Have current valid Texas driver's license in the appropriate class as established on the official description for the position. E. Observe all laws, ordinances, and work rules relating to the operation and care of City vehicles. F. All employees who receive a vehicle allowance or mileage reimbursement from the City will maintain personal automobile insurance as required by the State of Texas. IV. PROCEDURES A. USE OF CITY VEHICLES Authorized Personnel who use City vehicles will adhere to good stewardship practices and common sense pertaining to responsible use of the vehicles. Employees who use City vehicles must adhere to the following instructions which include, but may not be limited to: 1. Maintaining appropriate cleanliness of the vehicle. Vehicles must be washed in accordance with departmental procedures. 2. Maintaining proper operational procedures 97 3. Notifying the immediate supervisor/manager in the event of vehicle damage, a need for repairs, and/or any incident involving a complaint or a condition which is believed by the employee to reasonably result in a complaint. 4. All City vehicles must be operated in the manner prescribed in applicable State laws and City ordinances. 5. No employee shall operate any City vehicle in a hazardous, unlawful, or reckless manner. 6. While operating a City vehicle the employee and any passengers in the vehicle must wear seat belts. 7. Employees are prohibited from transporting unauthorized persons in any City vehicle without the permission of the immediate supervisor. 8. No employee shall alter, repair, or in any way change, add to, or remove, any parts or accessories of any City vehicle unless proper permission is obtained prior to such action. Do not operate any vehicle if you feel it is unsafe. 9. The use of a City vehicle to conduct personal business is prohibited other than for incidental uses, such as stopping at a restaurant or convenience store. However, in no case shall a City vehicle be used in the conduct of purchasing, transporting, or consumption of alcohol. 10. No tobacco products will be used in City vehicles at any time. 11. The operator of a City vehicle shall remain constantly aware of the public perception of, and expectation of, driver courtesy from all drivers of City vehicles. All drivers of City vehicles are expected to maintain courteous driving habits, including but not limited to: a. Courteous yielding to other vehicles when appropriate; b. Prudent use of the vehicle's horn; and c. Patient and defensive driving techniques. 12. If you are assigned a City vehicle or City equipment of any kind, you are responsible for proper care and maintenance. It is also your responsibility to follow established safety rules and regulations and to exercise sound judgment in the care, maintenance, and operation of vehicles or other equipment. 13. Driving ineligibility and reinstatement is covered by Chapter 18.04 of the City of Allen's Personnel Policies and Procedures Manual. 98 B. USE OF PERSONAL VEHICLE ON CITY BUSINESS 1. Notifying the immediate supervisor/manager in the event of an accident and/or any incident involving a complaint or a condition which is believed by the employee to reasonably result in a complaint. 2. All personal vehicles used for the conduct of City business must be operated in the manner prescribed in applicable State laws and City ordinances. 3. No employee shall operate a personal vehicle under his/her control for the conduct of City business in a hazardous, unlawful, or reckless manner. 4. While operating a personal vehicle within the course of their normal job duties the employee and any passengers in the vehicle must wear seat belts. 5. The operator of a personal vehicle on City business shall remain constantly aware of the public perception of, and expectation of, driver courtesy from all drivers of City vehicles. All drivers are expected to maintain courteous driving habits, including but not limited to: a. Courteous yielding to other vehicles when appropriate; b. Prudent use of the vehicle's hom; and c. Patient and defensive driving techniques. 6. Driving ineligibility and reinstatement is covered by Chapter 18.04 of the City of Allen's Personnel Policies and Procedures Manual. C. DEPARTMENT PROCEDURES In addition to the aforementioned requirements, each City department utilizing City vehicles shall develop and maintain departmental procedures regarding their use to include after hours usage, on-call duty restrictions, etc. Said procedures are to be approved by the City Manager prior to implementation and when revised. Department procedures shall be consistent with this Policy. D. TRAFFIC CITATIONS An employee operating a City vehicle or while operating a personal vehicle within the course of their normal job duties shall notify his/her supervisor in the event of receiving a traffic citation. However, the City is not responsible for the payment or defense of such a citation. The severity of a citation and/or the frequency of receiving citations may result in disqualifying an employee from operating City vehicles or m equipment, as determined by Human Resources. This may result in disciplinary action up to and including termination if driving is an essential function of the employee's job. E. INJURIES AND/OR ACCIDENTS 1. You are required to report any on-the-job injuries or accidents to your supervisor immediately, with copies furnished to Human Resources, even if you feel the injury is very minor and does not require hospitalization or the attention of a medical professional. Failure to report accidents or injuries may be cause for disciplinary action including, but not limited to, loss of benefits and termination. 2. The operator/occupants involved in any vehicular accident within the course and scope of their City duties shall take the following actions when involved in an accident: a. Stop immediately. b. Give whatever aid you can to any injured parties. c. Notify police immediately through radio dispatch or by telephone. d. Make no admission of fault or negligence to anyone. Be courteous, but do not discuss the accident with anyone except with the police officer investigating the accident, and do not sign any statement or releases, excluding police documents. e. Exchange name, address, insurance information, and driver's license numbers with the drivers of the other involved vehicles. f. If on a controlled access highway, remove the vehicle from the roadway (if possible). Otherwise, unless required for safety reasons, do not move the vehicle involved until instructed to do so by a police officer. Do not move the vehicle in the event of an injury accident until directed by the police officer. g. Immediately notify your supervisor or Department Director regarding any accident involving damage to a City vehicle, private vehicle, private property or injury to a person. A "Motor Vehicle Accident Report" will be completed within twenty-four hours and copies distributed accordingly, including to the Human Resources Department. h. Failure to immediately report any accident or vehicle damage may result in disciplinary action including termination. 100 F. CITY VEMCLE/EQUIPMENT ACCIDENT REVIEW BOARD 1. The City Vehicle/Equipment Accident Review Board will consist of the Risk Manager and four (4) City Manager -appointed members from various departments. The Board will convene once a month. The Board will review accidents involving all City employees. 2. Members will serve a two-year term. Terms will be staggered to allow continuity within the Board. 3. The Risk Manager will serve as Board chair, and moderate the meeting. 4. The hearing will be held within ninety (90) days of the incident being investigated. The Risk Manager will set the exact date and time. The employee appearing before the Board will be given two weeks notice of the date and time. 5. The Board will review and evaluate the facts surrounding accidents involving City employees for risk management purposes and to determine if any educational action should be recommended in regards to the employee(s) involved, or in regards to all employees The Board will base its decision on the facts presented, degree of responsibility, work record of the operator, operator's compliance with the City's Vehicle Use Policy. Factors the Board will consider specifically include: accident reports, witness testimony, maintenance records, and tests on the vehicle parts. The Board will reach a decision within five (5) business days of the hearing. 6. The Board will provide their recommendation to the appropriate Department Head and the Human Resources Director. 7. Board recommendations will include a judgment of whether the accident was preventable, unpreventable, or indeterminable, and whether or not training or equipment deficiencies were involved. 8. The Board's recommendations will be distributed to all parties involved within three (3) business days from their decision. 9. Any actions taken by the City as a result of the Board's decision and recommendation shall be decided on and taken within five (5) business days of the distribution of the recommendation. 101 G. USE OF ELECTRONIC COMMUNICATION DEVICES AND SAFE DRIVING All City employees are expected to drive with safety as the first consideration. This includes driving safely and using caution while operating cellular telephones, electronic paging devices, radios, and/or other wireless personal communication devices. Recommendations for safe handling of vehicle -based calling include the following: 1. The driver of a vehicle may not use a cellular phone while the vehicle is in motion. The driver will pull off the road to dial a number or participate in a conversation. A passenger in the vehicle may serve as a liaison regarding the phone conversation. 2. Do not use an electronic communication device at all if there are hazardous road or traffic conditions. 3. Avoid multiple tasks when driving, such as trying to take notes while you are using an electronic communication device. NOTE: Public safety personnel are exempt from the restrictions of using electronic communication devices. Employees are responsible for, and will be held accountable for, safe driving at all times. H. TAKE-HOME VEHICLE POLICY After hour or emergency work is performed by "on-call" personnel. On-call personnel will be responsible for after hour repairs on a continuing basis before or after regular hours, including weekends and holidays. Employees may be assigned by the appropriate supervisor/ manager/director to take a City vehicle to the employee's residence as provided in this policy. Employees may be authorized to take City vehicles to their residences under the following circumstances: a. The employee must be "on-call," "stand by" or involved with special circumstances or projects. b. Written authorization from the Department Director establishing such use. C. Such assignment shall not be given to an employee who cannot respond within the required time frame as provided herein. 1) Regardless of the activity, when notified of an emergency, an employee must be on location in Allen within thirty (30) minutes from the time the call was received. d. Such privilege constitutes the best interests of the City. 102 2. The following conditions and regulations will govern the use of City vehicles by employees who are authorized to take City vehicles home: a. All precautions shall be taken to ensure the safety and security of City vehicles. This includes, but is not limited to, locking all doors and/or compartments and properly parking vehicles in accordance with applicable laws and ordinances. b. Avoid situations that would give rise to a legitimate complaint from neighbors, such as blocking streets, driveways, alleys, etc. c. In no case shall a person other than the City employee be allowed to operate or drive the City vehicle. d. Employees may carry immediate family (those who reside at their residence) in the vehicle. If a routine service request is received, the employee's family member(s) may respond with him/her. On all other calls, the family member(s) should be taken home or other arrangements made. e. Department Directors have the authority to state that no family member may be in a City vehicle responding to certain situations unless under exigent circumstances. If the nature of the response requires sirens and lights, an employee shall not have anyone else in the vehicle — other than a City employee — when responding to the call. f. Employees will not use City vehicles to haul or tow anything other than City equipment needed in the performance of their duty. f Employees will not possess, purchase, or be under the influence of drugs or alcoholic beverages while operating City equipment. g. Employees will not use any tobacco products while operating City equipment. h. Employees will not conduct any business of a personal nature, except when the employee is on "on-call" status for the limited purpose of attending to personal needs such as picking up their children, grocery shopping, going to dinner or the theater. i. Employees will not conduct any business of a personal nature, for profitwhile operating City vehicle. j. Employees will observe and obey all traffic laws and operate the equipment in a safe and courteous manner. k. Employees will always wear their seat belt while operating or riding in a City vehicle 103 PERSONAL USE OF CITY VEHICLES According to Federal guidelines and for purposes of tax calculations only, certain vehicles and equipment, particularly emergency and utility service vehicles (normally not including pickup trucks or vans) designated by Federal law are exempt for the purpose of increased tax liability. This exemption means that the taxable income of the employee assigned one of these vehicles will not be affected. All other vehicles of the City are classified as "non- exempt." These vehicles normally include pickup trucks and vans. By "non-exempt," the Federal government means that a tax liability will be incurred by the employee to whom the use of the vehicle is assigned. An employee who has a non-exempt take-home vehicle will have an assessment, as set by the Federal government each year, added to their taxable income for each day of use. This assessment will only be added for the days the vehicle is used, not to include vacation, sick leave or holidays. The assessed amount is added to the employee's taxable income only for the purpose of calculating the tax liability. The employee assigned the use of a non-exempt take-home vehicle will be responsible for the tax on the assessed amount. Example: At the current assessed amount of $1.50 per one-way commute, the taxable benefit to the employee is $3 for each working day. If a particular employee commutes to and from work using a non-exempt vehicle 240 days in a calendar year, the taxable benefit is $720 for that year. An employee in a 15% tax bracket for regular wages would incur $108 tax liability for the year. A list of employees assigned take-home City vehicles must be furnished to the Finance Department at the beginning of each calendar year and updates must be provided as changes occur. The list must include the type of vehicle the employee is taking home so any potential tax liability can be determined. Finance will notify each department regarding which employees are driving non-exempt vehicles and those employees must submit a report to Finance each month showing how many days they commuted in the City vehicle during that month. J. VEHICLE ALLOWANCES OR MILEAGE REIMBURSEMENT Vehicle allowances are approved by the City Manager and are paid to the employees as additional monthly income through the payroll system. Vehicle allowances do not apply to travel greater than a 60 mile radius of Allen. Mileage reimbursement at the IRS rate applies after the 60 mile radius. City employees may receive a mileage reimbursement as compensation for using their personal vehicle for authorized City business. City employees will be reimbursed at the prevailing federal per -mile rate. On an annual basis, the Internal Revenue Service (IRS) provides the mileage rate for business use of a vehicle using the Vehicle -Cents -Per -Mile Valuation Rule. 104 City employees who receive a vehicle allowance will not use a City vehicle in lieu of their personal vehicles unless one of the following conditions exists: The employee's personal vehicle is temporarily out -of -service due to mechanical reasons; or 2. The employee is traveling to a work site with another employee who would nominally drive a City vehicle to that site; or 3. Three or more City employees are traveling together to the same location or work site and the vehicle(s) of the employee(s) receiving a vehicle allowance or mileage reimbursement cannot accommodate the total number of passengers. An employee using a City vehicle under the preceding conditions is not required to reimburse the City a portion of his/her vehicle allowance or mileage reimbursement IF the City vehicle is utilized for forty-eight hours or less. However, an employee using a City vehicle longer than forty-eight hours must reimburse the City for each subsequent day the City vehicle is driven to the employee's residence, using the following procedures: The employee will calculate the amount of reimbursement by dividing their monthly vehicle allowance or mileage reimbursement by thirty, and then multiplying the result by the number of nights (beyond the forty-eight hour limitation) that the City vehicle was taken to the employee's residence. 2. The employee will prepare a memo to the Director of Finance, instructing the Finance Department to deduct the calculated reimbursement amount from the next vehicle allowance or mileage reimbursement payment. A copy of the memo shall also be sent to the employee's Department Director. K. STICKERS, DECALS AND/OR EMBLEMS No unauthorized stickers, decals or emblems will be placed on City vehicles or equipment. 2. Authorized identification decals and/or emblems shall be placed on the vehicles and equipment in a consistent manner. a. The City Identification Number should be located above the "model" emblem on the right rear area of the tailgate, trunk area or body of the unit AND on each front fender above the "model" emblem, if possible, or at the top of the fender between the wheel well and the front door. b. On white vehicles, the number shall be blue and on dark vehicles, the number shall be white. 105 3. Contact the Assistant Director of Community Services for number specifications and ordering information regarding numbers, signage, etc. L. DISCIPLINARY PROVISIONS Violation of any of these provisions will be grounds for disciplinary actions, up to and including revocation of driving privileges, demotion, and termination. 106 CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: CITY IDENTIFICATION CARDS NUMBER: 28 EFFECTIVE DATE: JANUARY 16, 2004 AMENDS/SUPERSEDES: APPROVED: FETERMVARGAS,CMNAGER CITY IDENTIFICATION CARDS PURPOSE It is the policy of the City of Allen that, as a part of the employment process, all regular full-time and part-time (excluding seasonal) employees will be issued an identification card. POLICIES AND PROCEDURES City identification cards are issued for `official use only" and are not to be used for obtaining privileges, or for any personal reasons. Misuse of City identification cards may be grounds for employee disciplinary action, up to and including termination. Identification cards are to be worn in a visible manner on the front of the upper torso manner while in all City owned facilities (employees in City of Allen work uniforms that include names are exempt from this provision). The identification card must be kept within reasonable access while on duty for the City for verification of employment. Lost, stolen or mutilated identification cards should be reported immediately to Human Resources. It is the responsibility of the employee to ensure that current information is reflected on his/her identification card. You may be charged a fee for excessive replacements. In cases of promotions or demotions where a new card is issued the card must be relinquished to the Human Resources Department prior to receiving a new card. Upon separation from employment with the City, die card must be relinquished to the Human Resources Department prior to receiving a final check. 107 CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: TUITION REIMBURSEMENT NUMBER: 29 EFFECTIVE DATE: FEBRUARY 18, 2004 AMENDS/SUPERSEDES: APPROVED: PETER H. VARGAS, CITY MANAGER TUITION Purpose To provide full-time employees access to higher education that will enhance knowledge of their current position, as well as provide an avenue of preparation for career development. Eli2ibility 1. All regular, full-time employees are eligible to participate upon completion of six (6) months of service with the City. 2. The City of Allen will provide tuition reimbursement to regular full-time employees who have completed at least six months of service. 3. Course work must be directed toward an Associate, Bachelor, Masters, or Doctorate degree. 4. The course of study shall be related to a city career field as determined by the Director of Human Resources or designee. 5. College must be accredited by the State of Texas as a two-yearjunior college or four-year senior college. 6. The City of Allen will reimburse tuition and mandatory fees at 100%; the cost of books will be reimbursed at 50%, with a maximum reimbursement on books at $200 per semester. 7. Reimbursement will be received for a maximum of six (6) credit hours per semester on the undergraduate or graduate level. 8. Reimbursement will be granted for: • Undergraduate participants who attain a course grade of C or better • Graduate participants who attain a course grade of B or better 9. Tuition charged at UTD will be the maximum standard; rates at or below this standard will be acceptable; rates and fees higher than those charged by UTD will be reimbursed at the UTD rate. 10. Tuition reimbursement made for course study under any other program will void participation by the City of Allen. (This includes GI benefits, Federal or State grants, etc.) 11. Seminars and conferences are not eligible for reimbursement. 12. An employee who leaves the City of Allen service less than two years after completion of the completed course must return the monies to the city upon termination. If an employee terminates due to a reduction in force, the money will not need to be returned. 108 13. An employee who is enrolled in the program who terminates service with the City of Allen will no longer be eligible for reimbursement. 14. The employee must have a degree plan on file with the college or university; a copy will be maintained with the Human Resources Department. 15. Availability of tuition reimbursement is subject to City Council funding levels, established annually as part of the budget process. 16. Tax status of tuition reimbursement is determined by law. Reimbursement for undergraduate courses is not taxed; reimbursement for graduate courses is considered taxable income. Reimbursement Procedures At the beginning of each semester, an employee must submit a Tuition Reimbursement Application and legible copy of the bill and receipt to the Department Director and Human Resources Department for approval. At the end of the semester, the original grade report must be submitted to Human Resources (who will make a copy for city files). The reimbursement will be included in the employee's payroll check. 109 CITY OF ALLEN TUITION REIMBURSEMENT APPLICATION Please type or print all information Employee Name Employment Date Job Title Department Phone COURSE WORK FOR WHICH TUITION REIMB URSEMENT IS BEING REQUESTED 1. Course Name and Number # Semester Hours School Undergraduate/Graduate 2. Course Name and Number # Semester Hours School Undergraduate/Graduate Semester applied for: (please circle) Fall Spring Summer I Summer II Other (If "Other", please indicate.) Copy of bill (must be legible) and a degree plan (if a degree plan has not yet been filed, a suggested list of courses may be substituted) must be attached to this form for enrollment in program. Upon completion of program, original copy of grade report must be presented to receive reimbursement. I have read the tuition reimbursement policy and agree to abide by it if this request is approved. I understand and agree by signing this request that, if I terminate within two years from the date the course work is completed, the tuition reimbursement will be repaid in a single payment or a deduction from my final paycheck. I further understand that my participation in this program falls under Internal Revenue Service regulations. Employee Signature Date Approved by: Department Head/Date Human Resources Representative/Date 110 CITY OF ALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: EMPLOYMENT PROCEDURES NUMBER: 30 EFFECTIVE DATE: FEBRUARY 1S, 2004 AMENDRSUPERSEDES: APPROVED: PETER H. VARGAS, CITY MANAGER CITY OF ALLEN EMPLOYMENT PROCE] These procedures are meant to establish consistency between departments on hiring, and will help ensure that the City of Allen makes legal hiring decision and hires employees who best meet the needs of the City. POSTING VACANT EXISTING POSITIONS 1. Job Description- Prior to requesting that a position be posted please review the job description to ensure that it is correct and accurate. If not, please contact Human Resources for assistance in changing the description. 2. Posting of Position- Complete a Request for Staff form, which formally alerts Human Resources of a vacant or new position This form must be completed in its entirety on each open position. Recruiting efforts will not begin until this form is received in the Human Resources Department. 3. Termination Packet for Vacating Employee- Human Resources must have a completed Termination Packet for the vacating employee before the position can be posted. If the vacating employee is being transferred/promoted to another department, please obtain signatures of both department directors on the Personnel Action form. 4. Internal Postings- With the approval from the Human Resources Director, you have the option of posting any position internal to allow current employees the chance to compete internally for the position. The first three steps are the same; however, no advertisement will be run. The position will be marked "City of Allen Internal Employment Opportunity" and will be posted in the Human Resources Department, the City of Allen websites as well as departmental bulletin boards. POSTING NEW POSITIONS 1. Proposed Job Description- Before a new position can be posted, it must undergo a classification analysis to determine pay plan placement and the official job description. A completed job classification questionnaire must be submitted to the Human Resources Department specifying the essential functions; equipment; other important duties; experience, training, skills and other abilities; required education degrees, certificates and/or licenses; and any other necessary information. 111 2. Memo from City Management- To add a position that was not approved in the budget, a request must be made to the City Manager. Written approval from the City Manager must be accompanied by the Request for Staff form. 3. Internal Postings- With the approval from the Human Resources Director, you have the option of posting any position internal to allow current employees the chance to compete internally for the position. The first three steps are the same; however, no advertisement will be run. The position will be marked "City of Allen Internal Employment Opportunity" and will be posted in the Human Resources Department, the City of Allen websites as well as departmental bulletin boards. NOTE. All necessary paperwork job description changes, request for staff form and termination packet ((or wearing employees) must be received in Human Resources by 12:00 p.m. on Thursday to be posted in the upcoming weekend paper. CRITERIA FOR HIRING FROM PREVIOUS POSTINGS You can hire another applicant from a previous posting, if 1. The posting is in the same classification; 2. The posting is in the same department/division; and 3. The closing date of the previous posting was ninety (90) days or less. All of the above criteria must be met to hire from a previous posting. If all of the criteria are not met, the position must be posted and/or advertised again. FILLING RECURRING SEASONAL POSITIONS Individuals who worked the previous year in a seasonal position can be rehired without posting and advertising the position. The individuals do not have to fill out a new application unless it has been longer than one year since they were employed; however, they will need to complete a new W4 form and the required pre-employment testing (drug screen, criminal and driving checks). The hiring supervisor must complete personnel action forms for the returning employees so their files can be reactivated and the necessary pre-employment testing can be conducted. POSITION ADVERTISEMENT PROCESS 1. Posting Deadline- The minimum posting time for any position is five days. You can specify a longer period of time for positions that may be harder to fill. Positions should not be posted as `open until filled" unless it is a position that is very difficult to fill or a position that has a great deal of turnover. Request to post a position in this manner will be reviewed on a case-by-case basis. 2. General Advertisements- Positions will be advertised in local newspapers, in "laundry list' format. Positions will also be advertised on the City's web sites, cable channel, external web sites, journals, newsletters and other reasonable avenues recommended by the hiring supervisor. 3. Special Advertisements- A special ad highlights a position's pay, duties and experience/educational requirements. These ads will be considered if a sufficient number 112 of applicants is not received through our weekly advertising, or if a position is targeted as being hard to fill through our normal channels. F. ACCEPTANCE OF APPLICATIONS Applications shall only be accepted for vacant posted positions. A current, signed application must be submitted before the closing date for the applicant to be considered for employment. Applicants may contact Human Resources to apply their application towards another position within sixty days from the date of the initial application. Background and supporting documents may be required to support claims of education, experience and certification. G. DISQUALIFICATION OF APPLICANTS Although not intended to be an exhaustive list, examples for grounds of rejection of an applicant include, but are not limited to, the following: 1. Impairment: Inability of the applicant to perform the essential duties of the job due to medical, psychological or physical impairments, even with reasonable accommodations. 2. Minimum Requirements: Failure to meet the minimum requirements for the position as defined in the job description. 3. Falsification, Deception, Fraud: Falsification of any material fact or any attempt to practice deception or fraud by the applicant on the application and/or supplements during interviews with an representative of the City during examinations, or during any phase of the employment process. 4. Nepotism: Failure to disclose familial relationships are grounds for disqualification and/or discharge. 5. Closing Date: Failure to submit an application and/or resume for a position by the posted closing date. 6. Driving Record: Failure to meet the City's driving requirements for those positions which require the operation of equipment or vehicles as an essential function of their position. (as prescribed in Chapter 18.04 of the City of Allen's Personnel Policies and Procedures Manual). 7. Criminal History: Conviction, deferred adjudication, or placement on probation for a felony or crime where such history represents a risk to the City of Allen or where such history is in conflict with the responsibilities and duties of the job. 8. Previous Disciplinary Action: Although not intended to be an exhaustive list, examples of rejection of an applicant include, but are not limited to, the following: a. Involuntary termination from previous employer(s) for inadequate performance of duties b. Misconduct c. Job abandonment d. Attendance related problems e. Insubordination f Violation of safety rules g. Theft of employer property h. Using, soliciting, or possessing alcohol or drugs while at work. 113 9. Work Schedule: Inability or unwillingness of the applicant to work the required work schedule. 10. Work History: History of instability as evidence on the completed application and/or resume. 11. Incomplete Application: Failure to complete the application in the manner prescribed. 12. Examinations: Inability to pass all required examinations, including pre-employment screenings. 13. Other: Failure to meet any other job related requirements deemed necessary by the Human Resources Director. H. APPLICANT SCREENING All applications must be received through the Human Resources Department. Applications will be screened by Human Resources on Fridays, only those meeting the minimum qualifications for the position will be forwarded to the hiring supervisor. For open until filled positions, it is the hiring supervisor's responsibility to determine whether or not there is an ample pool of applicants. If the applicant pool is small, Human Resources will re-post/re-advertise the position another week. All applications will be sent to the hiring supervisor in an expanding red pouch. The pouch will also consist of a memo addressed to the hiring supervisor, a supervisor checklist, candidate status log, interviewing tips, interviewer's evaluation of candidate form, reference check, hiring recommendation form, personnel action form and eligible list form. I. DEPARTMENT INTERVIEW Supervisors will interview applicants and make the final decision for employment based on job- related requirements, qualifications, and reference verification. Human Resources may assist in developing questions and sit in on interviews if desired by the hiring supervisor. J. SELECTION PROCEDURES Supervisors will conduct reference checks using the Reference Check form on applicants prior to making a conditional job offer. The hiring supervisor will extend the offer of conditional employment to the successful candidate. It must be emphasize that all offers are contingent upon results of the driver's license check, drug screening, criminal history check, physical examination if required and the ability to produce documentation of employability as outlines in the Immigration Reform and Control Act of 1986. After screenings are completed and results are received, Human Resources will contact the hiring supervisor. If results are favorable, the hiring department can establish a start date for the new employee. The hiring department phones or send letters to applicants who were interviewed to notify them that they were not chosen for the position and Human Resources will notify all other applicants. If the results are not desirable, the conditional job offer is retracted. Do not allow the finalist to start work until you know the results of the pre- employment test and checks. The Human Resources Department will notify the hiring supervisor when the new hire is eligible to begin work. 114 When the supervisor makes the final selection, he/she will document the selection/rejection (job- related) reasons on the Applicant Evaluation form and fill out the Hiring Recommendation form eligible list and personnel action form then forward the red pouch to Human Resources. K DISCUSSION OF SALARY Hiring supervisors do not have the authority to commit the City to employ an applicant above the minimum salary of the range. All requests for a salary higher than the minimum must be approved by the Human Resources Director. Request higher than the mid -point of the salary range must be approved by the City Manager. NEW EMPLOYEE IN -PROCESSING It is the hiring supervisor's responsibility to send the new employee to Human Resources on his/her first day of work to complete new employee processing. The processing will include the completion of necessary forms including the I-9 (verifies employment eligibility), W4, TMRS, and other City of Allen benefits. NEW EMPLOYEE ORIENTATION On the first day of employment, the new employee and his/her supervisor will complete, sign and forward the New Employee Orientation Checklist to the Human Resources Department. The Human Resources Department is available to answer questions and/or assist supervisors during all phases of the employment process. 115 CITY OF ALLEN ADMINISTRATIVE DIRECTIVES SUBJECT: SEPARATION PROCESSING NUMBER: 31 EFFECTIVE DATE: FEBRUARY 18, 2004 AMENDS/SUPERSEDES: APPROVED: PETER H. VARGAS, CITY MANAGER SEPARATION PROCESSING A SCOPE This section covers all separations of employment, including resignation, reduction in force, and dismissal. B DEFINITIONS Personnel Action Form: The City form that documents changes in personnel status, including hiring, transfers, and separations, etc. Separation: Any action that ends an employee's tenure with the City, including resignations, reductions in force, dismiisals, etc. Separation Packet: A collection of forms and information dealing with benefits and pay that the employee reviews and fills out prior to separation Supervisor: An employees direct supervisor or designated by Department Head C PROCEDURE 1. The employee gives notice of resignation, or is notified of their termination 2. The employee's supervisor will pick up or request a Separation Packet 3. On the employee's last day of work, the supervisor and employee will fill out their respective portions of the Separation Packet. The employee will fill out the forms in the Separation Packet. The employee agrees to return all City property. 4. On the employee's last day of work, the employee's supervisor will collect all City property issued to the employee, including identification badge, keys, tools, phones, pagers, manuals, protective equipment, etc. 5. The Information Technology Department will invalidate any computer passwords issued to the employee and take any other steps necessary to remove the employee's 116 access to the City network. 6. Employees have the option to set up an exit interview with a member of the Human Resources Staff. 7. After completion of the Human Resources forms, and at the end of the exit interview (if scheduled) the former employee can leave the work site. D EMPLOYEES LEAVING WITHOUT NOTICE 1. The employee's supervisor will notify Human Resources of job abandonment after two consecutive unauthorized absences. The Human Resources Department will send the employee a letter notifying them of the City's policy of job abandonment and the fact that their employment with the City has been terminated. 2. The supervisor will fill out their part of the Separation Packet and return it to Human Resources 3. Human Resources will complete their paperwork to allow a request for staff to be submitted and the position be declared open 4. The Information Technology Department will invalidate any computer passwords issued to the employee and take any other steps necessary to remove the employee's access to the City network. 117 CITY OFALLEN ADMINISTRATIVE DIRECTIVE SUBJECT: TRAVEL EXPENSES POLICIES AND PROCEDURES NUMBER: 32 EFFECTIVE DATE: DECEMBER 1, 2003 AMENDS/SUPERSEDES: No. 23 APPROVED: PETER H. VARGAS, CITY MANAGER TRAVEL EXPENSES POLICIES and PROCEDURES To protect the interest of the City of Allen and ensure like treatment for all, uniform policies and procedures are established to govem expense allowances for those who travel on official City business. This would include, but not necessarily be limited to, employees, members of boards and commissions, and City Councilmembers. For the purpose of this policy, all of the above will be referred to as employees. The City of Allen will reimburse employees for necessary, appropriate and approved travel -related costs. Employees who travel are expected to exercise good judgment when incurring travel costs. Arrangements for air transportation, hotel accommodations, car rentals and conference registrations are the responsibility of the traveling employee. Also, the City will reimburse employees for expenses personally paid for on behalf of the City. A. Travel Authorization All travel in excess of $100 outside of the City of Allen made at the expense of the City shall be made only upon authorization of the Department Head/Designee or, if the traveler is a Department Head, the City Manager. Before making a trip, the City employee most submit the City approved Travel Authorization form (see Attachment A.) The nature of the trip, destination, times and dates of the beginning and end of the trip and detail estimates of the cost must be stated on this form. In addition, documentation of the reason for travel should be attached (e.g. conference brochure) along with mileage calculation if mileage reimbursement is requested (e.g. trip planner from mapquest.) A. The Travel Authorization form shall be submitted for approval by the Department Head/Designee or, if the traveler is a Department Head, the City Manager, at least two weeks prior to travel. The traveler, or designated person in the traveler's department, shall enter the approved travel expenses into the system as a Field Purchase Order (FPO). The signed form shall be in the Finance Department at least seven business days prior to travel (see the Accounts Payable policy for processing requirements necessary to receive a check by a specific date) for review of the expenses and accuracy of the form. Failure to submit requests in the time frames noted above could prevent an employee from receiving per diem in advance of leaving on the trip. 118 2. If under $100, same day travel or travel in the area requires only approval of the Department Head/Designee. 3. Out of state travel will be limited to Directors and Assistant Directors. Travel for all other employees is limited to in-state or within 500 miles of Allen if out of state. Any exceptions must be approved by the City Manager. B. Travel Advances 1. An employee may obtain an advance for anticipated out-of-pocket expenses for overnight travel including per diem meal allowances. The advance should be obtained from the Finance Department by electronically submitting a FPO for the advance upon approval by the Department Head/Designee or City Manager as indicated in A2 of this policy. 2. Advances for expenses other than per diem meal allowance should be reconciled within ten business days of return from travel by completing a City approved Business Expense form (see Attachment B) detailing the travel expenses incurred, obtaining Department Head/Designee (or City Manager, if the traveler is a Department Head) approval, and submitting to the Finance Department. If the umeimbursed travel expenses are less than the advance, the employee should bring the excess to the designated Finance staff to be receipted into the system. If the unreimbursed travel expenses exceed the advance, a check will be issued to the employee for the difference. 3. Advances will not be issued to an employee who has not fully accounted for an earlier advance except when this individual must leave for another trip within ten business days following return from the earlier trip. 4. Unreconciled advances may be deducted from an employee's paycheck. 5. The Finance Department is authorized to make adjustments to the Business Expense form to correct errors or reflect business expense limits. If adjustments are necessary, a copy of the corrected Business Expense form will be given to the employee. C. Registration and Conference Fees 1. Registration fees for a meeting or conference at which attendance has been approved should be paid in advance to the Vendor by a FPO. 2. Registration fees paid directly by an employee will not be reimbursed until the conference is completed and proof of attendance is provided. The reimbursement should be requested by submitting a Business Expense form to the Finance Department. 119 D. Air Transportation 1. All City -approved air travel must be at the most reasonable and economical rate, not first-class or business -class. All travelers should use the least expensive airfare based on a reasonable "window" on either side of their preferred departure times. Air carrier selection cannot be biased by the traveler's frequent flyer affiliation. The lowest air travel should take precedence (including non-refundable tickets.) Travelers are strongly encouraged to book their reservations well in advance of travel to ensure the lowest fares. 2. Because of the significant cost savings associated with airline reservations that include a Saturday night stay, City employees are permitted to extend business trips over Saturday when such a decision is cost-effective. To monitor this procedure, travelers must receive prior authorization from their Department Head/Designee or, if the traveler is a Department Head, the City Manager must give prior authorization. Justification of the savings should include the difference in airfare quotes and the incremental reimbursable expenses incurred as a result of the extra day(s) stayed. 3. When a ticketed flight is not taken, the employee, or booking party, is responsible for facilitating a refund or credit from the travel agency or airline for any unused tickets. 4. Employees who earn discounts or bonuses with airlines under frequent flyer programs while on official City travel are not required to account for such credits to the City or to use such credits or awards for subsequent City travel. However, participation in such programs should not bias the traveler's decision regarding air travel arrangements. The lowest air travel should take precedence (including non- refundable tickets.) 5. The City does not carry insurance that applies to loss or damage to luggage or other personal effects during travel. If such damage occurs, travelers should seek reimbursement through their own insurance or attempt to recover directly from the party responsible, such as the airline carrier. E. Use of Private Automobiles or City Vehicles Travel using privately owned vehicles may be desirable to save time, transport equipment or reduce cost when a number of employees are traveling together. See the Motor Vehicle Policy for specific requirements pertaining to the use of personal vehicles for City business. 2. If you are traveling in a City of Allen vehicle, the notation "City Vehicle to Be Used" must be written on the Travel Authorization form. Include an amount, in addition to your per diem, to cover fuel costs. 3. If the employee receives a monthly car allowance, no additional cost will be charged to the City. If the employee does not receive a car allowance and no City pool 120 automobile is available, the employee will receive the maximum allowed under federal guidelines, which will be adjusted periodically as the guidelines are changed. This reimbursement covers all fuel, maintenance, insurance and operating costs. Damage to a privately owned vehicle used for City business is covered by the employee's private insurance, the costs for which are included in the mileage reimbursement. The City does not assume any responsibility for deductibles or other uninsured loss to the vehicle. 4. Tolls and reasonable parking fees will be reimbursed in addition to the mileage allowance. Parking or other traffic fines are not reimbursable. If a method of transportation is chosen other than a personal automobile (e.g. shuttle from an employee's home to the airport), the reimbursement will not exceed the sum of the mileage allowance, tolls, and outfield/remote parking rates. 5. If a personal automobile is used for approved City travel, the reimbursement will not exceed the lesser of the per -mile reimbursement or the least expensive round-trip airfare between the origination and destination cities plus other associated costs (e.g. cab fare between airport and hotel.) Documentation of the airfare costs vs. mileage costs must be submitted with the Travel Authorization form. Ground Transportation Taxi fares, including tips up to 15%, public transportation and shuttle services for transportation to and from the airport and between business-related locations in the destination city are reimbursable. Receipts are required for reimbursement by the City. G. Parking and Tolls Tolls and reasonable parking charges are reimbursed. 2. Reimbursement for parking at DFW or Love Field is reimbursable for the outfield or reduced parking areas only. If the traveler chooses to park closer to the terminal, reimbursement will not exceed the amount for the outfield or reduced parking areas. Receipts are required for parking reimbursement. H. Car Rentals Reimbursement for car rentals must be approved in advance on the Travel Authorization form by the Department Head/Designee or, if the traveler is a Department Head, the City Manager. 2. When using rented vehicles, employees must obtain the most economical vehicle available that is suitable for City business. 3. The employee must have a valid driver's license. The City's insurance policy provides automobile liability insurance for rental vehicles and personal car usage 121 when employees are on city business. Therefore, the collision damage and/or personal accident insurance coverages that are offered at an additional daily charge by rental car companies will not be reimbursed. I. Tips Tips associated with baggage handling, storage and other services are included in the per diem. Receipts are not required. J. Lodging 1. The City will reimburse the actual cost of standard accommodations in reasonably priced, commercial -class hotels and motels. A list of acceptable hotels by city can be found at www. sg a.gov. Click on per diem rates and the state to which you will be traveling. Each city has a property list on the per diem page listing acceptable accommodations. If your city is not listed, use the Standard CONUS (continental United States) property list. This list is intended as a guide to properties that are acceptable as reasonably priced accommodations and the rates are guidelines. Conference -site hotels are reimbursed at actual cost. 2. Receipts are required and, when completing the Business Expense form, the amount reported as lodging cost should represent only the room charges and related taxes. Other amounts, e.g. meals, parking, phone calls, etc., should be detailed in the appropriate expense category. K Per Diem (Meals and Tips) 1. Meal expenses and incidentals (fees and tips for persons providing services, such as porters and baggage carries) for overnight travel are included in the per diem based on the time of departure to a destination and time of departure from a destination. If departing before noon from the City, an employee is entitled to the fall per diem amount for their destination city. If departing from the City at noon or after, the employee will receive the daily per diem amount based on the destination city less the breakfast portion related to that city. When returning from the destination city, an employee is entitled to a full day per diem if they depart at noon or after. If departing before noon, the employee will receive only the breakfast portion. See K5 of this policy. 2. The per diem amounts are applicable only if an overnight stay is required. Per diem is not permissible for meals incurred during same day travel. Meals for same day travel are at the employee's expense and may be reimbursed through petty cash (see Petty Cash Policy) not to exceed $25. If the total for expenses incurred during same day travel exceeds $25, reimbursement will be made through accounts payable by submitting the Business Expense form and receipts. 122 3. Meals for overnight travel must be covered by per diem. Receipts do not have to be presented for these expenses, nor will you be reimbursed for amounts exceeding the per diem. The City Manager, Council members, members of boards and commissions, department heads, and assistant directors may be reimbursed for actual costs associated with overnight travel. If a member of one of these groups receives per diem, but then pays for a business meal during that trip, the per diem should be returned for the associated meal and the actual cost will be reimbursed. 4. If a conference or seminar registration includes a meal or meals in the registration fee, the included meal(s) should be deducted from the claimed per diem allowance based on the respective per diem amount for that meal. 5. The per diem rate is based on the City to which you will be traveling. The per diem rates can be found at www.esa.eov. Click on per diem rates and search for the meals and incidental expenses (M&IE) of your destination city. If your destination city is not specifically listed, use the standard CONUS (continental United States) rate. To determine the breakdown of the M&IE for your destination, click on M&IE expense breakdown on the page where the state is selected. L. Telephone 1. Long distance calls and local toll charges regarding City business or related to the travel will be reimbursed and should be reported on the Business Expense form. However, if an employee has a City cell phone, it should be used for business calls whenever possible. 2. Employees may receive $2 per day for personal phone calls in addition to the per diem for meals and incidental expenses. However, if an employee has a City cell phone it should be used for personal calls if roaming charges do not apply. If roaming charges apply or if the employee does not have a City cell phone but has a City calling card, it should be used for reasonable personal calls which will be paid by the City. Personal calls made from the hotel room will not be reimbursed and should not be reported on the Business Expense form. M. Travel Expenses Not Reimbursable by the City 1. Alcohol or alcoholic beverages 2. First-class or business -class airfares 3. Airline upgrades 4. Travel accident insurance premiums and/or purchase of additional travel insurance 5. Costs incurred by traveler's failure to cancel transportation or hotel reservations in a timely manner 6. Late check-out or room guaranteed charges 7. Parking or other traffic fines 8. Personal entertainment expenses including in-flight movies, headsets, hotel pay-per- view movies, in -theater movies, non -conference related social activities and related incidental costs 123 9. Laundry and dry cleaning 10. Haircuts, personal grooming, and shoe shine services 11. Tobacco products 12. Automobile towage 13. Child-care, babysitting, house-sitting, pet -sitting or kennel charges 14. Books, magazines or newspapers 15. Other expenses not directly related to the performance of the travel assignment 124 CITY OF ALLEN PROCEDURE MANUAL FINANCE DEPARTMENT SUBJECT: PETTY CASH POLICIES NUMBER: 33 AND PROCEDURES EFFECTIVE DATE: FEBRUARY 17, 2004 AMENDS/SUPERSEDES: NO. 14 APPROVED: PETER H. VARGAS, CITY MANAGER PETTY CASH POLICIES and PROCEDURES The purpose of Petty Cash is to provide immediate access to funds for making emergency or immediate purchases of incidental items. Employees are not expected to use their personal funds to make purchases on behalf of the City. They may obtain a cash advance prior to making the purchase or receive reimbursement for expenses incurred within the designated petty cash policy and limits. All purchases using petty cash should be exempt from sales tax. Petty cash funds are not to be commingled with other cash funds. Petty cash funds are to be maintained only for the above purpose, and no department/division shall maintain a petty cash fund without establishing such fund with the Finance Department. A petty cash fund is not intended to circumvent the City's purchasing procedures. A. Maintenance of Petty Cash Funds 1. Each petty cash fund must have a designated fund custodian who is responsible for maintaining the security, accountability and replenishment of the petty cash fund. The fund custodian will make all disbursements. In the absence of the fund custodian, the Department/Division Head, or their designee, should make disbursements from the fund. The petty cash fund should be counted and reconciled by two responsible employees before and after access by any employee other than the fund custodian. 2. Each petty cash fund should be established with a fixed amount and maintained on an imprest basis, i.e., the amount of the fund remains constant. Cash plus petty cash vouchers should always equal the authorized amount of the fund. 3. The petty cash fund should be maintained in a locked cash box and stored in a secure location. Only the fund custodian should have access to the fond. 4. The petty cash fund is to be reconciled and replenished on a regular basis by the fund custodian. 125 5. Petty cash funds must not be commingled with any other funds and are not to be used for any purposes other than those established by this policy statement. 6. At all times the total of the petty cash vouchers and cash in the fund should equal the amount reflected in the general ledger. B. Cash Advance and Reimbursement Procedures 1. When a cash advance is requested, the Cash Advance box should be checked on the "Petty Cash Voucher" (Exhibit A) and the "Cash Advance" portion of voucher should be completed. The person receiving the cash must sign the "Received By" line. The fund custodian will then sign the voucher as cash is actually disbursed from the fund. The custodian will retain the Petty Cash Voucher in the cash box. 2. To complete the transaction, the recipient of the advance will return receipt(s) documenting the purchase and complete the "Reimbursement / Settlement of Cash Advance" portion of the voucher. Upon completion, the recipient and the fund custodian will sign the bottom portion of the voucher. 3. A cash advance is not to be held by an employee longer than one business day. Receipts and unused funds must be returned and reconciled to open vouchers within one business day. Only one open petty cash voucher per employee is allowed at any time. 4. Cash advances for purchases are not to exceed $50.00. However, if the purchase price exceeds $50.00 and the price difference was unforeseen by the employee, the voucher can be processed through the petty cash fund with approval by the Finance Director. Splitting of purchases to avoid exceeding the $50.00 limit is considered a violation of this policy. 5. If no cash advance is requested, only the Reimbursement / Settlement of Cash Advance portion of the voucher will be completed including proper approval. Upon presentation of the approved Petty Cash Voucher and disbursement of funds, the recipient and the fund custodian will sign the voucher. The transaction is complete. 6. In all instances, proper documentation of the purchase is required before funds will be disbursed from petty cash. C. Replenishment Procedures The fund custodian is responsible for replenishment of the petty cash fund. The replenishment should be done at least once a month by processing an FPO. The payment authorization requesting the replenishment should allow sufficient lead-time to prevent the remaining petty cash funds from being depleted prior to receipt of the replenishment. 126 2. The "Petty Cash Reimbursement Request and Reconciliation" (Exhibit B) should be completed and submitted to the Finance Department as support for the replenishment request. It must be completed, signed by the fund custodian and approved by the Department/Division Head, or designee. Supporting documentation for each disbursement should be attached. Any missing documentation must be individually approved by the Department/Division Head, or their designee. 3. All payments to replenish the petty cash fund are to be made payable to Petty Cash - (appropriate department). The Finance Department will cash all petty cash checks and distribute the funds. Upon receipt of the replenishment funds, the fund custodian will sign the "Petty Cash Replenishments" log (Exhibit C) acknowledging receipt of the funds. The representative of the Finance Department delivering the replenishment will also sign the log. The replenishment should be picked up by the fund custodian and counted before signing the log. The fond custodian is responsible for the replenishment amount once he/she has acknowledged the receipt. Supporting Documentation for Petty Cash Disbursements 1. An original detailed cash register receipt provided that the date is current enough to support the purchase. 2. An original detailed cash ticket from the place of purchase provided that the date is current, items purchased are listed, and the vendor and the employee sign the ticket. 3. No reimbursements will be made without proof of purchase. 4. The documentation must be attached to the completed Petty Cash Voucher. E. Petty Cash Restrictions 1. The petty cash funds are property of the City of Allen and should remain on City premises at all times. 2. Loans to ANY employee are strictly prohibited. 3. IOU's for ANY employee's personal use are strictly prohibited. 4. Cashing personal checks for ANY employee are strictly prohibited. 5. Petty cash will not be used to reimburse credit card purchases except for day travel expenses noted in E(6) and E(7) that have detailed original receipts as documentation. 127 6. Mileage, travel or training expenses, including use of personal vehicle, parldng and entertainment, relating to overnight travel are not to be reimbursed or advanced from petty cash. Day travel expenses, including professional meetings, may be reimbursed through petty cash for amounts not to exceed $25.00. Advances will not be allowed from petty cash for day travel expenses. If the day travel expenses exceed $25.00, a Business Expense form must be submitted for reimbursement (see Travel Policy.) 7. Reimbursement for meals associated with professional meetings, local training or conferences, not payable to a professional organization, is limited to the following daily limits: breakfast- $10, lunch- $12, dinner- $25. 8. Only one open petty cash voucher per employee is allowed at any one time. 9. No purchases in excess of $50.00 will be reimbursed. 10. Petty cash is not to be used to avoid proper purchasing procedures. F. Standard Petty Cash Voucher and Proper Completion (Example Attached) I. The Petty Cash Voucher consists of two parts. The top portion (Cash Advance) and the bottom portion (Reimbursement / Settlement of Cash Advance) are to be completed if a cash advance is received by the employee. If there is no cash advance involved, then only the bottom portion must be completed. 2. All petty cash vouchers must be completed in ink or typewritten. 3. All signature spaces must be completed. 4. The date of the petty cash disbursement must be completed. 5. The budget account number to be charged for each petty cash purchase must be properly completed and verified that funds are available. 6. The Department/Division Head, or designated employee with signature authority, must sign on the line approving the transaction. 7. The fund custodian must sign on the "Disbursed By" line for a cash advance and upon settlement of the advance. If there is no cash advance, only the Reimbursement section requires a signature. 8. The employee receiving a cash advance must sign the "Received By" line for cash received and upon settlement of the advance. If there is no cash advance, only the Reimbursement section requires a signature. 128 G. State Sales Tax Exemption The City of Allen is exempt from state sales tax. 2. Each fund custodian will provide a copy of the City's "Texas Sales and Use Tax Exemption Certificate" (Exhibit D) to be used when making purchases on behalf of the City. Each employee should make every reasonable effort to avoid paying sales tax on City purchases. 3. There are some instances when the payment of sales tax cannot be avoided and, in these circumstances, sales tax may be reimbursed with the approval of the Department/Division Head or the Finance Department. H. Review of Petty Cash Fund Usage The finance department will periodically review petty cash to determine the adequacy of the fund. If there is consistently little or no activity, a fund may be reduced in amount or eliminated. If there are multiple replenishments within a month, a fund may be increased in amount. 2. This periodic review will evaluate the use of each fund and any apparent violations of the City's purchasing procedures. Frequent purchases from the same vendor may indicate that the $50.00 limit on petty cash disbursements is being circumvented OR that the Department/Division should establish a Blanket Purchase Order with the vendor. 3. Improper use or misuse of a petty cash fund may result in its elimination and / or other action as indicated by the circumstances. J. Petty Cash Fund Audits At any time without notice, the Finance Department may audit the petty cash funds. The audit should find the petty cash vouchers plus cash equal the general ledger petty cash balance established for each department. 129 CITY OF ALLEN PROCEDURE MANUAL ADMINISTRATION DEPARTMENT SUBJECT: CITY CEREMONIES NUMBER: 34 EFFECTIVE DATE: FEBRUARY 18, 2004 AMENDS/SUPERSEDES: NO. 15 APPROVED: PETER H. VARGAa, CffY MANAGER PROTOCOL FOR CITY CEREMONIES Purpose: The City recognizes that a standard format and process is needed to create and hold the City's ceremonial events in order to ensure a consistent, high quality, organization and presentation of such functions. Applicability: This policy applies to all official formal City functions that involve the Council and/or the Mayor, guest speakers, or other visiting dignitaries including politicos. Examples of such functions include, but are not limited to, ribbon cuttings, grand openings, and formal award ceremonies. Process: Event Planning: The following steps are designed to serve as the process and protocol to planning City events. Specifics should be discussed within the department hosting the event and with the City Manager. Planning for the event should begin at least two months in advance. Planning for an especially elaborate event should start even earlier. In the case of road or building openings, initial thought towards the grand opening should be given during the project's schedule of completion. The timing of the event will depend on the project schedule in those cases. In all cases, initial contact should be made with dignitaries and speakers two months in advance in order to determine their availability. The hosting department or board will: • Be responsible for all costs related to the event by paying for the entire event, or appropriately dividing costs with other involved departments. • Review the program and plans with the City Manager at the start of the event planning process. When planning the event any significant departures from the guidelines listed in this policy must be approved by the City Manager. Once approved, the department shall contact the City Secretary's Office to calendar the event in order to avoid scheduling conflicts. The coordinator should follow up 130 with the City Manager on the progress of the event a week or two before the event. • Identify dignitaries to invite and make initial contact with them in order to determine their availability. The City Council and Mayor should be invited to every major ceremony. If the event celebrates the completion of a long tern project, the Councilmembers who were seated at the start of the project should be invited as well. The City Secretary's Office will address and mail the invitations for all events. A standard guest list is maintained by the City Secretary's Offices and includes the following individuals: o City Council o All current City Board and Commission members o AND Board of Trustees and Executive Staff o Chamber of Commerce Officers o County, state, or Federal officials o City Department Heads and staff, as appropriate o Local Media Contacts Event staff should provide names and addresses of other guests to the City Secretary's Office as soon as possible. These might include: o Major contractor representatives o Citizens who have donated substantial time and/or money to the project o Other individuals, as appropriate. • Identify the location, date, and time for the ceremony. The exact set-up for seats, tables, podium, platforms, etc. should be determined. A visit to the site itself is vital for proper planning. For outside events, sunny and shady areas should be noted as they affect where items should be placed; the audience and speaker's podium should not be positioned where the audience must look into the sun to observe the speaker; tables with food should not be set up where they will be in the sun during the majority of the event if there is a shady alternative. Using portable canopies or tents is also a consideration. • Designate the event master of ceremonies. The master of ceremonies should be the Mayor, City Manager, Department Head, or Board Chair. Another appropriate person may serve as master of ceremonies if approved by the City Manager. The Mayor or City Manager should always be the master of ceremonies if Federal or state officials are present. The responsible department will provide any facts or information that the master of ceremonies may need to prepare the notes. • Identify and procure items needed for the ceremony. This includes both items borrowed from other departments and items that need to be purchased or rented. Have arrangements made for the delivery and set-up of all equipment, and also arrange for clean-up after the event. A vendor list and their respective services will be available through the purchasing Division. For some events, City 131 equipment may be used. Contact the Parks Department to check availability of City equipment such as stages, etc., and the Community Services Department to check availability of a PA system. • Notify the Public Information Officer of the event. The PIO will coordinate publicity for the event using the cable access channel, the City's website, and the media. The PIO may also arrange to have the ceremony videotaped for the cable access channel if appropriate. The PIO will obtain a photographer for the event if need be. After the event the PIO will be in charge of archiving event photos and videotapes. • Prepare an agenda for the event and a program for event attendees. For events that will be held outdoors, make back-up plans in case of inclement weather • Coordinate the design of the invitations with the City Secretary's Office. The final design shall be approved by the City Manager at least a week before the invitations are mailed. Invitations should be addressed from the Mayor and City Council, or in the case of a board event, from the Mayor and City Council and the respective board. The official invitations should be printed three weeks in advance of the event and delivered to the City Secretary's Office for addressing and mailing. • Develop program notes for the event's master of ceremonies to refer to in order to facilitate the event. In those notes dignitaries who are actually in attendance should have their names highlighted so they can be appropriately recognized.. A copy of the program notes should be in a three-ring binder and placed on the podium for each speakers' reference. • At least one or two weeks before the event verify that speakers are prepared and that they have all necessary information on the project for their speeches. The speakers should understand that they will have a time limit and that the subject matter of their speech should be relevant. Invitation and Event Program Design: Invitations and programs should be designed according to the following guidelines: 1. The title and date of the event should be listed prominently on the front of the invitation or program, unless the front is occupied by a picture. The inside of the invitation should specify the time and location of the ceremony along with an opening statement, such as, "The Mayor and City Council cordially invite..." If it is a board function, the board's name should also be added to the opening statement. A brief one or two line summary of the event may or may not be included on the invitation. 132 2. The Mayor and all City Councilmembers should be listed on programs whether they are speaking or not. This includes ex-Councilmembers who had participated in the process at one point. All board members who have been involved with the project should also be listed. If they are planning to attend, Federal, state, and county officials who contributed to the project or occasion being celebrated should be listed. Other attending dignitaries may be listed depending on their contribution and available space in the program. 3. On the program, events should be listed in chronological order. 4. On the program, speakers should be listed with their full titles and in the order that they will be speaking. A one -line sentence can be used to summarize their topic. 5. Any background information necessary or useful for understanding the ceremony or event should be included in the program. 6. The invitation and program should be designed in an artistic and professional manner with a consistent (not necessarily uniform) format and style. Single piece invitations can be printed on the front and back. Card invitations can be printed on the front and inside, but not on the back. Spelling and grammar should be correct, and text should be composed in a formal style. 7. Examples of invitations, programs, and master of ceremonies' notes are available on the Common drive of the network in the Administration folder accessible to all employees and in hard copy from the City Manager's office. Event Procedures 1. Adequate time to set up the site should be allowed before the event. The time needed will vary depending on the size and type of event, i.e. a ribbon cutting with light snacks will require less time than a building opening accompanied by a meal and tours. The site and all accompanying equipment should be set up at least an hour before the event's starting time. If a vendor is setting up any equipment their progress should be checked at least an hour before the event. 2. The master of ceremonies should start the ceremony by welcoming the guests and then by providing an introduction relating background information on the history of the project or event. 3. The master of ceremonies should recognize all dignitaries in attendance, and also mention those not in attendance if they played an important role in the project or event being celebrated. A full list of dignitaries to be recognized should be included in the master of ceremonies' notes. The dignitaries should be recognized in the following order: the Mayor (if he/she is not the master of ceremonies), 133 Federal officials, state officials, and local officials including the Council and City board members. 4. The master of ceremonies should then introduce the speakers using their full title and include a brief background of the speakers and their role in the project, if necessary. • The Mayor should be the first speaker if he is not the master of ceremonies. Following the Mayor in the speaking order would be elected representatives of the Federal, state, and local levels of government. 5. The speeches should precede the main ceremony, regardless of the type of event • At a ribbon cutting, the Mayor should be asked to cut the ribbon, with the Councilmembers invited to assist. Other dignitaries may also be invited to assist, including the City Manager or board members. Assistance can be rendered by the other parties by holding the ribbon as the Mayor cuts it. Post Event 1. Make sure that the site is completely cleaned and that all borrowed or rented items are returned. Review any rental contracts to ensure that equipment is returned in time and in proper condition. 2. Mail a program to all invited Federal, state, and county officials who were unable to attend. Event mementos also need to be mailed to appropriate officials who were unable to attend. 3. Thank all who helped make the event a success! A handwritten letter to the workers is one way to do this. 4. An evaluation and review meeting should be held to discuss the process, along with successes and problems. 134 Appendices: Event Checklist Two Months Prior to the Event ❑ Designate coordinator and lead workers ❑ Make initial contact with the City Manager to discuss/get approval for event. Confirm dates and times with City Manager and City Secretary's Office ❑ Determine speakers and dignitaries ❑ Make initial contact with speakers and confirm date and time ❑ Select location and alternate ❑ Order awards, plaques, etc. Determine needed facilities and equipment and prepare to borrow, rent, or purchase needed items ❑ Room/outdoor area sizes ❑ Acoustics/lighting ❑ Public address system ❑ Parking ❑ Electricity ❑ Tents/outside cover ❑ Refreshment serving area ❑ Reserve rooms ❑ Signage ❑ Barricades ❑ Tables ❑ Platform ❑ Podium ❑ Trash containers ❑ Decorations ❑ Displays ❑ Handouts ❑ Microphones ❑ AN equipment ❑ Lighting ❑ Mementos (order 6 weeks in advance) ❑ Shovels (if groundbreaking) ❑ Ceremonial scissors (if ribbon -cutting) ❑ Ribbon (if ribbon -cutting) ❑ Determine layout, and map area ❑ Check Accessibility ❑ Project attendance ❑ Consider attendance projections in relation to site size and layout ❑ Determine master of ceremonies (usually the Mayor) ❑ Set date and time (and alternate rain date if applicable) ❑ Provide event information to PIO for media releases ❑ Make alternate location and set up plans ❑ Postponement or alternate location announcement 135 ❑ PIO notification ❑ Signs at original location ❑ Speaker, dignitary notification ❑ Determine transportation needs One Month Prior to the Event Prepare Printed Material Attendee Programs ❑ Event schedule ❑ List of officials, boards, participants ❑ Speakers and respective topics ❑ Background information on the ceremony Speaker Programs ❑ Send any requested or necessary information to speaker to prepare notes ❑ Set strict time limit and topic Master of Ceremonies Program ❑ Program notes to facilitate ceremony (schedule, speakers, background info, etc.) Invitations ❑ Determine guest list ❑ Title, date, time, and location of the ceremony should be on first page ❑ Review the invitation design with the City Manager and City Secretary a week before printing ❑ List speakers and dignitaries in attendance ❑ Contact post office for mailing rates on oversized invitations; provide information to City Secretary's Office ❑ RSVP - if necessary - by return cards, telephone, email ❑ Have materials printed ❑ Shuttle buses or vans/mutes ❑ Invitations mailed by City Secretary's Office (Three weeks in advance) ❑ Chose vendors and submit vendor invoices ❑ Get liability insurance coverage ❑ Give City Manager an event update (a week or two in advance) Week of the Event ❑ Prepare evacuation/emergency plans ❑ Keys/access to area for staff (3 days in advance) ❑ Parking area/parking signs/parking passes (3 days in advance) Day of the Event Set up (Start early enough that preparation is finished an hour prior to the event. Start setting un the day before if necessary.) ❑ Obtain and Inventory all equipment 72-48 hours prior ❑ Mow and clean site 48 hours prior Set up and Check ❑ Handicap access ❑ Acoustics/lighting ❑ Public address system ❑ Electricity ❑ Tents/outside cover ❑ Refreshment serving area 136 ❑ Signage ❑ Barricades ❑ Tables ❑ Platform ❑ Podium ❑ Speaker Notes in 3 -ring Binder ❑ Trash containers Decorations ❑ Entrances and exits ❑ Platform and podium []Centerpieces, flowers, tablecloths ❑ Repair and clean equipment used ❑ Chairs, tables (extras) ❑ Electrician on site ❑ Security and first aid, personnel and stations, command post ❑ Restrooms and sanitation ❑ Traffic control ❑ Flags ❑ Nametags ❑ Shovels (if groundbreaking) ❑ Ceremonial scissors (if ribbon -cutting) ❑ Ribbon (if ribbon -cutting) ❑ Thank you notes Reserve seats (label them or designate an area): ❑ City Council ❑ Dignitaries ❑ Media ❑ Disabled ❑ Other Refreshments ❑ Staff, hosts ❑ Serving supplies ❑ Signage ❑ Menu and drinks ❑ Permits ❑ Electricity and cooking fuel Post -event ❑ Return supplies/equipment ❑ Site cleanup ❑ Mail programs/event mementos (if applicable) to dignitaries who did not attend ❑ Evaluation/review of event ❑ Follow up with City Manager ❑ Thank all participants ❑ Make payments to vendors 137 Section 2: Personnel Policies & Procedures Adopted June 20, 1991 Revised February 24, 2004 138 Human Resources Policies Section 2 DEFINITIONS 142 CHAPTER ONE: PERSONNEL 144 1.01 INTRODUCTION 144 1.02 PERSONNEL SYSTEM 145 1.03 PERSONNEL RELATED RESPONSIBILITIES 146 CHAPTER TWO: POLICY MANUAL ADMINISTRATION 148 2.01 APPLICABILITY 148 2.02 DISSEMINATION 148 2.03 CHANGES 148 CHAPTER THREE: OFFICIAL RECORDS 149 3.01 PERSONNEL 149 CHAPTER FOUR: PROBATION 151 4.01 PROBATIONARY PERIOD 151 CHAPTER FIVE: PROMOTION/TRANSFERMEMOTION 152 5.01 PROMOTION 152 5.02 TRANSFERS 152 5.03 NONDISCIPLINARY DEMOTIONS 152 CHAPTER SIX: CLASSIFICATION 153 6.01 CLASSIFICATION POLICY 153 CHAPTER SEVEN: COMPENSATION POLICY 154 7.01 RECEIVINGPAY 154 7.02 OVERTIME 155 7.03 DISCRETIONARY TIME 155 7.04 MEAL/BREAK PERIODS 155 7.05 TRAINING SESSION ATTENDANCE AND OTHER MEETINGS 155 7.06 TRAVELTIME 156 7.07 ON-CALL PAY 156 7.08 LONGEVITYPAY 156 7.09 OUT -OF -CLASS PAY 157 CHAPTER EIGHT: PERFORMANCE APPRAISAL 158 8.01 PERFORMANCE APPRAISAL 158 CHAPTER NINE: LEAVE 159 9.01 SEVERABILITY OF COVERAGE 159 9.02 PAID LEAVE 159 9.03 HOLIDAYS 159 9.04 VACATIONLEAVE 160 9.05 LEAVE WITHOUT PAY 162 9.06 JURY/ COURT DUTY LEAVE 163 9.07 MILITARYLEAVE 163 9.08 PREGNANCY AND CARE OF NEWBORNS 165 139 9.09 FUNERAL LEAVE 165 9.10 UNAUTHORIZED LEAVE 166 9.11 ADMINISTRATIVE LEAVE 166 9.12 ADVANCEMENT OF LEAVE 166 9.13 SICK LEAVE 166 9.14 FMLA LEAVE 168 CHAPTER TEN: INCLEMENT WEATHER AND NATURAL DISASTERS 171 10.01 PURPOSE 171 10.02 POLICY 171 10.03 PROCEDURE 171 CHAPTER ELEVEN: STANDARDS OF CONDUCT 173 11.01 CONDUCT 173 11.02 SECONDARY EMPLOYMENT AND ACTIVITIES 177 11.03 ABSENTEEISM 178 11.04 HARASSMENT PREVENTION 180 CHAPTER TWELVE: COUNSELING/DISCIPLINE 183 12.01 COUNSELING 183 12.02 DISCIPLINARY ACTION 183 CHAPTER THIRTEEN: ARREST OF AN EMPLOYEE 185 13.01 ARREST OF AN EMPLOYEE 185 CHAPTER FOURTEEN: SEPARATION OF EMPLOYMENT 186 14.01 SEPARATION OF EMPLOYMENT 186 14.02 RESIGNATIONS 186 CHAPTER FIFTEEN: NONDISCIPLINARY SEPARATION OF EMPLOYMENT 188 15.01 INCAPACITY 188 15.02 RETIREMENT 188 15.03 CONTINUATION OF BENEFITS UPON RETIREMENT 188 15.04 REDUCTION IN FORCE 189 15.05 REINSTATEMENT 189 CHAPTER SIXTEEN: DRUG-FREE WORKPLACE 191 16.01 PURPOSE 191 16.02DEFINITIONS 191 16.03TRAINING 192 16.04TESTING 193 16.05NOTIFICATION 194 16.06OVER-THE-COUNTER / PRESCRIPTION DRUGS 195 16.07 REHABILITATION 195 16.08 FOLLOW-UP 195 16.09CONFIDENTIALITY 195 16.10REFUSAL 196 16.11 POSITIVE RESULTS 196 CHAPTER SEVENTEEN: GRIEVANCE AND APPEAL PROCEDURE 197 17.01 GRIEVANCE PROCEDURE 197 17.02 APPEAL PROCEDURE 200 140 CHAPTER EIGHTEEN: SAFETY 205 18.01 WORKERS' COMPENSATION 205 18.02 SUPPLEMENTAL SALARY PAYMENTS 205 18.03 ALTERNATE DUTY 207 18.04 MOTOR VEHICLE RECORD CHECK AND DRIVING ELIGIBILITY 210 CHAPTER NINETEEN: DEPARTMENTAL WORK RULES 214 19.01 DEPARTMENTAL WORK RULES 214 CHAPTER TWENTY: WORKPLACE VIOLENCE 215 20.01 PURPOSE 215 20.02POLICY 215 141 DEFINITIONS ACROSS-THE-BOARD INCREASE: A pay increase of the same flat rate or percentage of each employee's current salary given to every eligible employee; also known as a general increase. AT -WILL EMPLOYMENT: The employer is free to fire an employee for any reason — or for no reason at all, and the employee is free to terminate employment at any time. CITY VEHICLE: Any passenger car, truck, motorized equipment, or similar type vehicle as defined by the Texas Motor Vehicle Law which is owned, leased, rented, or otherwise under the care, custody, or control of the City of Allen, including police and fire vehicles. CLASSIFIED POSITIONS: All positions, with the exception of council appointed employees. COMMISSIONED FIRE: An employee of the fire department who is defined as "fire protection personnel" by Section 416.001 of the Texas Government Code. COMMISSIONED POLICE: An employee of the police department who has been licensed as a peace officer by the Texas Commission on Law Enforcement Officer Standards and Education. DEMOTION: The transition of an employee from a position in a higher pay band to a position in a lower pay band. A demoted employee will be moved to the maximum of the new pay band or receive a 5% decrease, whichever is greater. DISCRETIONARY TIME: Provided to give supervisors the freedom to be flexible with the work scheduling of exempt employees (when appropriate and work loads permit). DRIVING RECORD: The complete driving history of an employee that can be discerned from any official records. EXEMPT: An employee classification designated by the Fair Labor Standards Act (FLSA). Exempt employees are specifically exempt from the provisions of the FLSA. Employees who have been classified as exempt are not required to receive overtime for hours worked in excess of 40 hours per week. FULL-TIME EMPLOYEE: An employee whose position requires working at least 40 hours per seven day week. HOURS WORKED: The time that the City requires or permits employees to be on duty. Hours worked is used to calculate overtime. Sick leave is not considered in calculating hours worked. MOTORIZED EQUIPMENT: Includes, but is not limited to, backhoes, bulldozers, mower - tractors, loaders, graders, and similar equipment that require a state -issued driver's license for operation on public roadways that require a state -issued driver's license for operation on public roadways. 142 MOVING VIOLATION: Violations as defined in the Texas Transportation Code (Examples: speeding, running a stop signal or sign, failure to yield, etc.). NON-EXEMPT: An employee classification designated by the Fair Labor Standards Act (FLSA). Non-exempt employees are not specifically exempt from the provisions of the FLSA, and must be paid one and one-half times their regular rate of pay for hours worked in excess of 40 hours per week. PART-TIME EMPLOYEE: An employee whose position requires working less than the normal 40 hour work week but generally no more than 20 hours per week. PAID LEAVE BENEFITS: Sick and vacation leave as detailed in Section 9.04 and Section 9.14. PAY PERIOD: Employees are paid bi-weekly. PROMOTION: Advancement of an employee from a position in a lower pay band to a position in a higher pay band. A promoted employee will be moved to the minimum of the new pay band or receive a 5% increase, whichever is greater. REGULAR EMPLOYEE: A full- or part-time employee who has been appointed to a position with the City and who has satisfactorily completed the probationary period. TEMPORARY: An employee whose position is seasonal or one hired to perform duties of a temporary nature. TRANSFER: A transfer is an assignment of an employee from one position to another, not involving promotion or demotion. WORK CYCLE: The time span in which the City calculates overtime hours. The following work cycles will be observed: Commissioned Fire: 21 days (159 regular hours), or 14 days (80 regular hours) Commissioned Police: 14 days (80 regular hours) All other: 7 days (40 regular hours) WORK WEEK: The workweek normally begins at 12:01 a.m. on Saturday and ends at midnight on the following Friday. Department Heads, with the consent of the City Manager, have the ability to establish a flexible workweek in their departments, as long as service levels and productivity standards are maintained. The work schedule for each participant must be declared in writing to both Finance and Human Resources. WEAPON: A device (such as a club, knife, or gun) designed to injure, defeat or destroy. 143 CHAPTER ONE PERSONNEL 1.01 INTRODUCTION 1.01 A GENERAL It is intended that this manual be responsive to the needs of the City of Allen and its employees. The provisions of this manual are not intended to create contractual rights or covenants between the City of Allen and its employees but instead are merely guidelines designed to meet the needs of the City of Allen and its employees. The nature of the employment relationship which exists between the City of Allen and its employees is at will and may be terminated by either employee or the City at any time with or without cause. No policy or provision in this manual is intended to change the at will employment relationship which exists between the City and its employees. Periodically, this manual may be unilaterally revised and updated by the City of Allen. No individual has the authority to verbally change the policies set forth in this manual. All changes to these policies must be made by the Allen City Council. 1.01 B PURPOSE OF MANUAL The purpose of this manual is to formalize the personnel process and set forth guidelines for policies and procedures to be followed by the City of Allen in the administration of its human resources management system. No manual can anticipate all circumstances that may arise. Exceptions to this manual or actions taken where this manual is silent remain the sole prerogative of the City Manager who serves in the role of Chief Executive Officer of the City. This manual may be revised at the discretion of the City Council as prescribed in Section 1.03 B. 1.01 C OBJECTIVES Objectives of the human resources management system include but are not limited to: 1. Promote and increase productivity, efficiency, responsiveness to the public, and economy in the City service. 2. Provide fair and equal opportunity for qualified persons to enter and progress in the City service in a manner based on qualifications and fitness as determined through fair and objective evaluation techniques. 3. Maintain recruitment, advancement, and tenure practices which enhance the attractiveness of a City career. 144 4. Maintain an equitable and current classification and compensation system based on a quantitative evaluation of the positions, duties and responsibilities. 5. Foster high morale. 6. Retain employees based on performance and separate employees whose inadequate performance cannot be corrected. 7. Assure that employees are protected against coercion for partisan political purposes and are prohibited from using their positions with the City for the purpose of interfering with or affecting the results of an election or nomination for office. 1.02 PERSONNEL SYSTEM 1.02 A EQUAL EMPLOYMENT OPPORTUNITY It is the City of Allen's policy to provide equal employment opportunity through recruitment, selection, retention and advancement in all job classifications, without regard to race, color, religion, sex, age, national origin or disability, and to ensure that all matters affecting employees' terms and conditions of employment are administered in a manner consistent with applicable federal, state and local law. In its continuing effort to ensure an open and equitable organization, the City Manager will: 1. Maintain a positive program targeted at ensuring all minority group members equal access to all employment, training and promotional opportunities. 2. Encourage Department Heads to: a. Monitor and promptly correct any obstacle to maintaining effective minority relations. b. Ensure that all decisions involving employees' terms and conditions of employment are supportive of the City's commitment to equal employment opportunity. 1.02 B NEPOTISM No person related within the second degree by affinity (marriage), or within the third degree by consanguinity (blood) to the Mayor, Council, City Manager, and appointed staff level shall be appointed to any office, position, or clerkship or other service of the City. 145 Second Degree Third De ee Brothers Great -Grandmother Sisters Great -Grandfather Grandmother Uncles Grandfather Aunts Spouse's Mother Nephews Spouse's Father Nieces Spouse's Sisters Spouse's Brothers In, addition, the City Manager may apply the nepotism prohibition in the case of other organizational and/or personal relationships when failure to do so would be detrimental to the City. 1.02 C RESIDENCY There shall be no absolute residence requirement for City employment except as provided by Section 150.021 of the State of Texas Local Government Code which states as follows: A municipality may not require residency within the city limits as a condition of employment, except: 1. Candidates for or holders of municipal office; and 2. City Manager and Department Heads appointed by the City Council. Employees likely to be called to work in cases of emergency may be required by their Department Head to reside within a reasonable commuting distance of their places of work. 1.02 D INSURANCE AND RETIREMENT Eligible employees will receive insurance and retirement benefits as prescribed by the Texas Municipal Retirement System and Social Security. 1.03 PERSONNEL RELATED 1.03 A RESPONSIBILITIES OF THE HUMAN RESOURCES DEPARTMENT The following includes, but shall not limit, the responsibilities of the Human Resources Department: 1. Maintain sound, current and modern personnel practices. 2. Maintain and administer all aspects of the classification and compensation systems. 146 3. Ensure fair, equitable and consistent application of City of Allen's personnel policies. 4. Develop and maintain a system of personnel records, reports and statistics. 5. Ensure that all candidates for selection and promotion are eligible for consideration and selected on a job related and equitable basis. 6. Provide other human resources related services as needed. 1.03 B CITY COUNCIL RESPONSIBILITIES The City Council adopts the policies and promulgates this manual as a part of its powers and responsibilities and may unilaterally change any of the policies and provisions set forth in this manual at any time. 1.03 C CITY MANAGER RESPONSIBILITIES The general and final authority for human resources management rests with the City Manager as the Chief Executive Officer of the City, who may delegate it as necessary and proper, except for matters reserved to the City Council. 1.03 D PERSONNEL OFFICER RESPONSIBILITIES The Human Resources Director shall perform the duties of the Personnel Officer in the administration of all delegated human resources functions. 1.03 E DEPARTMENT HEAD RESPONSIBILITIES Department Heads are responsible for ensuring compliance, within their organizational units, with provisions of this policy manual. 147 2.01 APPLICABILITY 2.02 CHAPTER TWO POLICY MANUAL ADMINISTRATION 2.01 A EMPLOYEES COVERED The policies in this manual are applicable to all employees of the City of Allen excluding City Council members. City Council appointees are subject to these policies and such inclusions or exclusions as may be agreed upon as conditions of employment. 2.01 B CONTRACTORS Persons employed under contract to supply professional and technical services, and personnel appointed to serve without pay, shall not be considered City employees for purpose of these rales. The City will make known to employees the existence of these policies and ensure that copies are available for review during normal business hours. As a minimum, copies will be provided to each Department Head. 2.03 CHANGES This manual may be unilaterally amended or changed at any time by majority vote of the City Council. 148 CHAPTER THREE OFFICIAL RECORDS 3.01 PERSONNEL 3.01 A PERSONNEL FILES The Human Resources Department maintains the City's official personnel records. Access to personnel files is regulated by provisions of the Texas Open Records Act. 3.01 B ACCESS TO PERSONNEL FILES In accordance with State law, all information contained within an employee's personnel file is considered to be public information, except such information whose distribution would by law constitute a clearly unwarranted invasion of personal privacy or falls under a specific statutory authorization of confidentiality. Public record information includes, but is not limited to, name; sex; ethnicity; age; date of hire; position title; salary; department; and if applicable, date of termination. 1. Human Resources Department personnel are allowed access to employee files during the course and scope of their regular job duties. 2. Pursuant to the Public Information Act, members of the public may review personnel records during the normal business hours of the City of Allen. 3. Employees or a duly designated agent will have the right of reasonable inspection of all information in the employee's own official personnel files during normal business hours. 4. When put in writing, an employee can voluntarily grant access to the employee's personnel file to other parties and/or permit duplication of the employee's file. Duplication costs may be paid for by the requestor. 5. A supervisor can examine the personnel file of a subordinate if necessary during the course and scope of their job duties. The supervisor must contact the Human Resources Department to be allowed access to any employee file. 6. By order of a court of competent jurisdiction, any person so named in the order is permitted to examine or receive such portion of an employee's record as is described in the order. 7. An official of an agency of the state or federal government or any other political subdivision of the state may inspect a personnel file in part or entirety if permitted in 149 writing by the employee or as a result of obtaining a court order as described in section 3.01 B, Item 6. 3.01 C CURRENCY OF FILES Department Heads shall ensure that employee personnel files are current in accordance with procedures developed by the Human Resources Department. 3.01 D DISPUTED INFORMATION IN A FILE If the employee feels that material in his/her personnel file is in error or misleading, they can seek to have the material removed. A written statement describing the information that the employee has taken issue with, the facts upon which the requested change is based, and a suggestion for resolution of the issue should be given to the Human Resources Director. The Human Resources Director will review the employee's request and render a decision within five (5) business days. If the employee is not satisfied, he/she can appeal the decision to the City Manager within five (5) business days. The City Manager will render a final verdict within ten (10) business days. An employee can add a qualifying statement of reasonable length to any section of their employee file without a review process. The qualifying statement will be noted as having been added by the employee. 150 CHAPTER FOUR PROBATION 4.01 PROBATIONARY PERIOD 4.01 A PURPOSE Probation is a period of time which is granted all newly appointed employees upon entering a position, to demonstrate their ability to successfully perform the duties of the job and that they can successfully operate within the work environment. The nature of the relationship which exists between the City and all of its employees, including but not limited to its probationary employees, is at will and can be terminated by the employee or the City at any time without cause. 4.01 B LENGTH OF PROBATION All newly appointed employees shall be placed on probationary status, beginning with the date of employment for a period of one (1) year. 4.01 C EXTENSION OF PROBATION Probation may be extended, subject to review and approval by the Human Resources Director, for a period not to exceed 90 days. Extension of probation is not a basis for submission of a complaint or grievance. 4.01 D FAILURE OF PROBATION Failure of probation or confirmation may occur at any time within the probationary period and shall not be considered part of the disciplinary process. 4.01 E PROMOTIONAL PROBATION Employees in the City's service who receive a promotion will be required to complete a 90 day confirmation period. A promoted employee who fails confirmation may be returned to the same or similar position or other job for which qualified. If said position is not currently available, the employee may be terminated. Department Heads and supervisors will use the confirmation period to closely observe and evaluate the work and fitness of employees and encourage adjustment to theirjobs. 4.01 F DEPARTMENTAL DOCUMENTATION Department Heads will document in writing the basis for making probationary recommendations. 151 CHAPTER FIVE PROMOTION/TRANSFER/DEMOTION 5.01 PROMOTION 5.01 A RELEASE OF PROMOTED EMPLOYEE TO NEW POSITION Current supervisors should be provided at least ten (10) working days' notice before being required to release an employee. If both the sending and receiving departments agree, the employee may be released sooner than ten (10) working days. 5.01 B EMPLOYEE PREFERENCE It is the City's policy to promote from within the organization whenever appropriate and feasible. Applicants may be limited to qualified current employees upon approval of the Human Resources Director. Opportunities for promotion across organizational lines shall be maximized. 5.02 TRANSFERS A transfer is an assignment of an employee from one position to another, not involving promotion or demotion. A transfer may be for administrative convenience or upon the request of the employee. Transfers may be made administratively or in conjunction with an announced selection process. Intradepartmental transfers within the same class are allowed if approved by the Department Head. Interdepartmental transfers must be approved by the Human Resources Director. Transfers are not allowed unless the employee fully meets the requirements of the job description. 5.03 NONDISCIPLINARY DEMOTIONS With the approval of the Human Resources Director, an employee may be demoted, administratively or by the employee's request, provided all requirements of the job description are met and a budgeted position is available. Any special provisions concerning future reinstatement must be documented in writing, approved by the City Manager and included as part of the employee's personnel file. 152 CHAPTER SIX CLASSIFICATION 6.01 CLASSIFICATION POLICY 6.01 A CLASSIFIED POSITIONS Each position, with the exception of council appointed employees, shall be classified according to objective criteria and the provisions of this manual. Supervisors may request a classification review to maintain internal equity. 6.01 B OFFICIAL TITLES Official titles shall be used for all official documents.. Working or functional titles may be used where appropriate. 153 CHAPTER SEVEN COMPENSATION POLICY 7.01 RECEIVING PAY Employees will be paid for hours worked or for the use of authorized paid leave every other Friday. Fire personnel who substitute shifts for co-workers will be paid directly by the co- worker. All Personnel Action Forms must be submitted to the Human Resources Department by 5 p.m. on the Wednesday prior to the week pay checks are issued to be effective on the next paycheck. 1. Reeular Pay Procedures: a. All paychecks received on a regular basis will be issued to employees by designated persons (i.e., supervisors) within each department. b. No paychecks will be issued early. c. Paychecks will only be released to the employee. In rare cases where .circumstances prohibit an employee from picking up his/her check (i.e., illness), the employee must provide a written release authorizing another person to receive the check. d. After five (5) days, unclaimed payroll checks should be returned to the Finance Department. 2. Final Pay Procedures: a. Employees may opt to pick up their final paycheck, have it mailed, or if they are in the direct deposit program, a final deposit made. If the employee opts to pick up their final check and cannot, he/she must provide a written release authorizing another person to receive the check. 3. Handling Paycheck Exceptions: a. Incorrect paycheck - Employees are responsible for immediately notifying their supervisor and/or the Finance Department if they receive an incorrect paycheck. The Department Director, Human Resources Department and the Finance Department will review the claim to determine an equitable solution. Employees who are overpaid must return the overpayment to the City immediately. b. Requests to correct base rate or insurance must be submitted to the Human Resources Department. All other corrections are forwarded to the Finance Department. c. Lost or Stolen Paycheck - Employees are responsible for notifying the Finance Department of a lost or stolen paycheck. Paychecks cannot be reissued until the Finance Department receives confirmation from the bank that the lost or stolen paycheck has not cleared the bank and the stop payment order is in effect. A stop pay fee of $25 will be deducted from the re -issued check. This may cause a delay in reissuing the check because this process may take up to three (3) days. 154 7.02 OVERTIME Overtime, when ordered for the maintenance of essential city functions, shall be allocated as uniformly as possible among all eligible employees. All overtime will be paid in accordance with the Fair Labor Standards Act (FLSA). The City of Allen does not provide compensatory time in lieu of overtime for non-exempt employees. 1. Eligibility- Overtime will be paid to eligible employees for hours worked in excess of the regular scheduled workweek or work cycle. 2. Rate of Pay - All authorized overtime for nonexempt employees shall be compensated at the rate of l %2 times the employee's regular rate of pay plus longevity, career ladder pay, certification and bonuses. Although exempt employees may be eligible for discretionary time, they will not be eligible for overtime pay. 3. Payment of Unauthorized Overtime - All overtime (authorized or unauthorized) worked by nonexempt employees must be compensated according to the FLSA. Employees working outside the regular work schedule without prior supervisor authorization may be subject to disciplinary action 7.03 DISCRETIONARY TIME Discretionary time is provided to give supervisors the freedom to be flexible with the work scheduling of exempt employees (when appropriate and work loads permits). The accrual as well as the usage of discretionary time is subject to the approval of the Department Head and is not guaranteed. 7.04 MEAL/BREAK PERIODS A 30 -minute to 1 -hour allowance for meal breaks is customarily granted to regular full-time employees. This meal period is not considered work time if employees are completely relieved of their work duties. If employees must continue their work duties through the meal or break period, this work time must be supervisor -approved and recorded as work time. Employees may receive up to two fifteen minute breaks per standard workday scheduled at the discretion of the supervisor, if it does not interfere with work responsibilities. Rest and lunch breaks may not be accumulated or substituted for paid leave. 7.05 TRAINING SESSION ATTENDANCE AND OTHER MEETINGS City -required attendance at training or other meetings, whether before, during, or after an employee's regular work schedule, is work time. 155 Voluntary attendance at training or other meetings, whether before, during, or after the employee's regular work schedule is not working time. Attendance is `voluntary" only if employees are not led to believe that their working conditions or chance of continuing employment would be adversely affected by not attending the training/meeting. If the training is required by an outside third party, it is not specifically considered work time if it occurs outside an employee's regular work schedule (certification training that is not specifically tailored to meet the particular needs of the City of Allen). Supervisors should obtain this determination from Human Resources prior to advising employees as to payment for this time. 7.06 TRAVEL TIME The determination of travel time as work or non -work time depends upon the circumstances surrounding the travel. Ordinary travel time between home and work before or after regular working hours or scheduled overtime is not counted as hours worked. This is true whether the employee works at a fixed location or at different job sites. Travel time to and from home is considered work time when employees are called out after hours on emergencies that require work away from the normal work site and involve traveling a substantial distance. Payment of travel time for emergencies must be approved by the Department Head. When employees are given special one -day assignments in another city, travel time over and above the normal home -to -work time will be compensable. When employees are traveling on City business during their normal work hours, this is work time. However, travel time outside normal hours will not be compensable unless employees are actually performing work. 7.07 ON-CALL PAY On-call duty is an assigned duty to accomplish required work assignments after normal work hours. Eligible employees are designated by their supervisors as scheduled to serve on-call for a specific period of time. A non-exempt employee who is called back to work will be paid for two hours or the actual time worked, whichever is greater. If an employee's time can be used effectively for personal purposes during the on-call period, even though the employee must carry a pager or leave a telephone number where s/he can be reached, the time will not be compensated or credited as time worked. Departmental changes must be approved by the City Manager. 7.08 LONGEVITY PAY All regular full-time and part-time employees who have completed at least one year of service will be eligible for longevity pay. Longevity will be paid in a lump sum during the month of December. Regular full-time employees: $4.00 per month for each month of completed service as of December 31. 156 • Regular part-time employees: $3.00 per month if the employee is regularly scheduled to work 30-39 hours per week; $2.00 per month if the employee is regularly scheduled to work 20-29 hours per week; $1.00 per month if the employee is regularly scheduled to work fewer than 20 hours per week. The number of hours actually worked does not affect the longevity rate. tQ6=110 [G] ze) W *2 T7 All full-time City employees will be eligible for compensation above the employee's regular salary while performing the task and functions of the job description of a higher supervisory position over an extended period of time. Since each department has varying classifications and overlapping of salary ranges, each employee who is working within an approved out of class position will be compensated at an additional rate of pay equal to five percent (5%) of his/her current salary per hour. The department director must approve any compensation for out of class pay. The implementation of out of class pay will be done according to the following factors; however, in no case will compensation of an employee be affected by a lower salary range of another position. • An employee must have fulfilled the duties of the higher position for more than 120 hours annually. • After the initial 120 hours, compensation will be given to the employee. • Supervisory tasks should be part of the job description of the position being worked. • Compensation for the FLSA exempt classification will be considered separately and implemented only with the approval of the City Manager. It is the responsibility of the Human Resources Director or designee to insure this policy is applied fairly and equitably. Police Officers and Firefighter personnel are excluded from this provision 157 CHAPTER EIGHT PERFORMANCE APPRAISAL 8.01 PERFORMANCE APPRAISAL 8.01 A RATING OBJECTIVES An employee's job performance shall be appraised for the purpose of defining how well the employee is performing, encouraging open and honest discussions between employee and supervisor, and shall include the following: Identification of job performance problems. 2. When job performance problem areas are identified, suggestions of specific corrective action employee should take to perform satisfactorily should be provided. 3. Documentation of performance which exceeds the fully acceptable level. 8.01 B RATING FREQUENCY All employees shall be rated not less than annually. Employees whose performance requires careful monitoring shall be provided more frequent evaluation. 8.01 C COUNSELING Employees will be famished copies of their performance review upon request. Performance evaluators will individually discuss the reports with the employees and provide counsel regarding improvements in performance which appear desirable or necessary. 8.01 D ELIGIBILITY FOR MERIT INCREASES Merit increases will be based on employee's most recent annual performance appraisal. 158 CHAPTER NINE LEAVE 9.01 SEVERABILITY OF COVERAGE All provisions of this policy which grant benefits are subject to reduction or elimination at the discretion of the City Council. Employee's future entitlement to any benefit which is subsequently discontinued by the City Council will be governed solely by the requirements of applicable state and federal law. 9.02 PAID LEAVE 9.02 A WHEN PAID LEAVE IS CHARGED Paid leave is only charged on days that an employee would otherwise be at work. No more than 40 hours may be charged to paid leave during a standard workweek. If an employee is on an approved alternate workweek schedule, the paid leave taken during the alternate workweek cannot exceed the maximum hours scheduled for the alternate workweek. 9.02 B BENEFIT ACCRUAL WHILE ON PAID LEAVE While on paid leave, leave and other benefits will continue to accrue at the rate to which the employee is entitled. 9.03 HOLIDAYS 9.03 A OFFICIAL HOLIDAYS The following are recognized as official holidays: 1. New Year's Day 2. Memorial Day 3. Independence Day 4. Labor Day 5. Thanksgiving Day 6. Friday following Thanksgiving 7. Christmas Eve 8. Christmas Day 9. Personal Day If a holiday falls on Saturday, the preceding Friday will be observed. If a holiday falls on Sunday, the following Monday will be observed. 159 9.03 B SCHEDULE The City of Allen reserves the right to schedule essential employees to work on designated holidays to maintain necessary levels of service. 9.03 C RELIGIOUS OBSERVANCES Employees desiring to observe religious holidays not coinciding with official holidays may request leave under the provisions of the type leave to be taken. Subject to maintenance of essential services, every accommodation will be made. 9.03 D ABSENCE BEFORE OR AFTER A HOLIDAY Holiday pay will be withheld if an employee is absent without permission the day before or the day after a holiday. 9.03 E DEPARTMENT HEAD RESPONSIBILITIES Department Heads will ensure that eligible employees working unusual schedules, or on shifts, receive benefits for the full number of holidays. 9.03 F WORKING ON A HOLIDAY Employees that are required to work on a holiday (as prescribed in Chapter 9, Section 9.03 A. Items, 1-8) will be compensated in accordance to the following: At the discretion of the Department Head, full and part-time employees with TMRS who work on a paid holiday may receive a day off with pay during the same workweek of the holiday or may be compensated for hours worked as with holiday pay. Part-time employees who do not receive TMRS are not eligible to receive holiday pay if he/she is not scheduled to work on the holiday. Police Officers and Firefighter personnel are exempt from this provision. 9.04 VACATION LEAVE 9.04 A ACCRUAL RATES Vacation leave for •full time employees, shall in 26 pay periods per calendar year based on the following amounts: 80 hours start of employment to fifth anniversary 120 hours fifth anniversary to tenth anniversary 160 hours tenth year anniversary and beyond 160 *Per Local Government Code 142.0013, members of fire or police departments (firelighters, police officers) with a population of more than 30,000 are entitled to 15 vacation days each year with pay if the member has been regularly employed in the department for at least one year. Department Directors and Assistant Directors: start of employment to tenth anniversary 120 hours tenth anniversary and beyond 160 hours Part -thee regular employees shall cam vacation leave in proportion to the time worked. 9.04 B MAXIMUM ACCRUAL Leave in excess of the following amounts will be forfeited after the payroll period that pays thin December 31' of each year. The City Manager may approve a one month extension. *start of employment to fifth anniversary 200 hours/ 300 hours -Five Shift personnel fifth anniversary to tenth anniversary 240 hours/ 360 hours -Fire Shift personnel tenth anniversary and beyond 320 hours/ 480 hours -Fire Shift personnel *Police Officers and Firefighter personnel on a 40- hour shift will accrue 240 hours after the first year of employment until the tenth anniversary. 9.04 C APPROVAL The City of Allen reserves the right to approve or disapprove vacation leave and personal day requests based on workload or scheduling requirements. 9.04 D MINIMUM HOURLY USE Vacation leave must be taken in not less than one- hour increments. 9.04 E PAYMENT OF ACCRUED LEAVE Accrued vacation leave will be paid upon the employee's termination up to the maximum amount allowed. 9.04 F NON -PAY STATUS No leave will be accrued during a month for an employee who is on unpaid leave more than half of that month's working days. 161 9.04 G ADVANCEMENT Leave credits may not be advanced without the approval of the City Manager. 9.04 H RETENTION OF ACCRUAL Employees being laterally transferred, promoted, or demoted shall retain accrued vacation leave. 9.04I HOW CHARGED Vacation leave will be charged only for time during which the employee would ordinarily have worked. Leave will be accrued at the same rate to which the employee is entitled while on leave. 9.04 J HOLIDAYS Official holidays occurring during a vacation will be charged to holiday time rather than vacation time. 9.05 LEAVE WITHOUT PAY 9.05 A RESTRICTIONS Employees requesting leave without pay must submit the request in writing to the City Manager for approval. The City of Allen reserves the right to approve or disapprove requests for leave without pay. 9.05 B MAXIMUM USE OF LEAVE WITHOUT PAY Leave without pay may not be granted in excess of 1,040 hours per fiscal year. The City Manager may authorize an extension of leave without pay up to an additional 173 hours. 9.05 C BENEFIT ACCRUAL Benefits will not accrue while an employee is on leave without pay. 9.05 D INSURANCE COVERAGE Employees who desire to continue insurance coverage during periods of leave without pay must make advance arrangements to pay the required monthly amounts. If the insurance policy requires a premium paid in part by the employee, the employee must pay his/her portion of the premium as with the portion normally paid by the City by the first day of each billing month or his/her enrollment in that particular policy may be terminated. 162 9.06 JURY / COURT DUTY LEAVE 9.06 A PAID LEAVE The City of Allen will continue the regular straight -time salary when employees are called to jury duty if called during normal duty hours. The juror's allowance shall not be deducted from employee's pay. 9.06 B DOCUMENTATION REQUIRED Employees must submit to their supervisor a copy of the jury summons as with a copy of the court pay voucher upon completion ofjury duty as evidence of the duration of service. 9.06 C COURT APPEARANCE Employees appearing in court in the line of official City business, including appearing on behalf of the County, State or Federal government for services related to City duties or subpoenaed for cases beyond their control, will be paid according to the Fair Labor Standards Act. 9.06 D PERSONAL / PRIVATE BUSINESS Employees appearing in court in instances unrelated to City business and instances in which they were not subpoenaed will not be paid for the time off. Vacation time may be used in such situations. 9.06 E RETURN TO WORK Once an employee has fulfilled his obligation to the court, he/she must return to work if there are at least two hours of the employee's standard workday remaining. 9.07 MILITARY LEAVE Military leave will be granted in accordance with applicable State and Federal laws. Employees preparing to take military leave shall furnish the City copies of military orders or other applicable certification. An employee will notify the City as far as possible in advance if the employee knows that he/she will find it necessary to take military leave. References to military service (or simply service) within this section are as defined by the Uniformed Services Employment and Reemployment Rights Act. 163 9.07 A TIME GRANTED Employees will be granted 15 days paid military leave per fiscal year. All leave in excess of 15 days may be charged to accrued vacation leave. If vacation leave is unable to fully compensate for all time on military leave over 15 days, the employee will be considered to be on leave without pay. 9.07 B PROVISIONS 1. Military leave includes travel time included in the employee's orders and paid for or reimbursed by the military service. 2. Military leave includes time required for physical examination for selection or admission into military service, to determine or maintain a selective service rating, state service in the National Guard, to maintain reserve status, or for training required and paid for by the service. 3. Military leave will not be granted for diagnosis or treatment of any service -related injury, sickness, or disability, for obtaining or sustaining any disability rating, or for treatment in any government facility unless done so under military orders. Leave of this nature properly falls under the Sick Leave category and its provisions as prescribed in Section 9.13. 4. Military leave will only be given in lieu of regularly scheduled work hours. 5. The City may provide supplemental salary for up to one year for employees on military leave. 6. Employee benefits will continue for the employee while on military leave. The employee must pay the full amount for the continued cost of the employee's family benefits. 9.07 C RETURN TO WORK Employees must notify his/her supervisor of the date in which they anticipate returning to work. Upon return to work following a period of military service, the employee: 1. Will, upon the end of military duty, report to work on the first scheduled work day or regular shift starting on the next scheduled work day after return to the employee's residence from place of military duty if the employee has been on duty from 1 to 30 days, within 14 days after release after duty of 31-180 days, and after 90 days if the duty is 181 days or more. 2. Will return to the position of employment in which he would have been employed if rm_l the period of employment with the City had not been interrupted by such service, with the caveat that the employee is still qualified to perform those duties, or can be re -qualified to perform the duties of their original position after reasonable efforts by the City to qualify the person. 3. If the length of service exceeds 90 days, the employee may be transferred to a position of like seniority, status and pay if the employee is qualified to perform the duties of that position with or without reasonable efforts by the City to qualify the person, if such position is available. 4. If the employee has a disability incurred in, or aggravated during military service, the department shall make reasonable efforts to accommodate the disability, and the person may be reemployed in a position which is equivalent to or the nearest approximation in seniority, status and pay, the duties of which the employee is qualified to perforin after reasonable efforts by the City, if such position is available. 5. If, after a period of military service, the person is not and cannot become qualified to be employed in any of the foregoing positions after reasonable efforts by the City, he will be placed in any other position of lesser status and pay which he is qualified to perform, with full seniority, if such position is available. 6. Seniority benefits will be continued as if there had been no break in the employee's employment. 9.08 PREGNANCY AND CARE OF NEWBORNS As per the Pregnancy Discrimination Act of 1978, pregnancy is treated as a temporary disability and alternate duty may be assigned if the pregnant employee is unable to fulfill her normal job functions. In these cases the employee is covered by the City's Alternate Duty policy as prescribed in Section 18.03. After the birth or adoption of a baby, an employee can take any available paid leave benefits to stay at home to care for the child. If the leave is excess of three (3) days the City of Allen reserves the right to place the employee on FMLA leave as prescribed in Section 9.14. 9.09 FUNERAL LEAVE Employees may be granted up to three (3) days in a fiscal year, to attend the funeral of a member of the employee's immediate household or family, including parent, brother, sister, spouse, child, grandparent, parent -in-law, brother-in-law, sister-in-law, grandparent -in-law, legal guardian or ward, grandchildren, step-parents, step -child, step -brother, step -sister. Requests for additional time, or leave in excess of one occurrence, are subject to approval of the City Manager. If multiple deaths occur simultaneously within the family, a special exception to the allowance of three (3) days may be approved by the City Manager. 165 9.10 UNAUTHORIZED LEAVE Unauthorized absence for two (2) consecutive days will be considered job abandonment, and will result in termination of the employee. There is no appeal for termination due to unauthorized absences. Employees leaving their work station without approval or authorization, except for established rest periods, may be subject to discipline up to and including termination. 9.11 ADMINISTRATIVE LEAVE With the approval of the City Manager or Department Head, administrative leave with pay may be granted to permit an employee to vote in official elections, participate in investigative proceedings, training activities, legislative proceedings, civic functions or any other purpose deemed to be in the City's best interests. When deemed appropriate by the City Manager, an employee who is under investigation or charged with a crime may be placed on administrative leave without pay. Administrative leave without pay may be also utilized when employees have exhausted all accrued paid leave, or have been placed on such leave by their respective Department Head, the Human Resources Director, or the City Manager. 9.12 ADVANCEMENT OF LEAVE No leave may be advanced without approval of the City Manager. 9.13 SICK LEAVE 9.13 A SICK LEAVE ACCRUAL Full-time employees on a 40 -hour work week shall accrue 2.77 hours towards sick leave per pay period. Fire shift personnel working in excess of 40 hours per week shall accrue 4.15 hours towards sick leave per pay period. Part-time regular employees shall accumulate sick leave in proportion to time worked. 9.13 B MAXIMUM ACCRUAL Employees may accrue an unlimited amount of sick leave. 9.13 C MINIMUM USE Sick leave may be taken in not less than one-hour increments. 166 9.13 D SICK LEAVE AND OVERTIME Absences charged to sick leave will only cover payment for the employee's regular schedule and will not include overtime whether scheduled or not. 9.13 E BASIS FOR USE Sick leave may be used because of personal or family illness, injury, legal quarantine, care of a newborn infant, or routine health care appointments which cannot reasonably be scheduled outside working hours. 9.13 F VERIFICATION The City may request and obtain verification of the circumstances surrounding any use of sick leave. 9.13 G TRANSFERABILITY OF CREDITS Sick leave credits are not transferable between employees 9.13 H PAYMENT UPON SEPARATION Employees will be paid for unused sick leave upon separation at the rate of 24 hours (36 hours for fire shift personnel) for each complete year of service up to a maximum of 720 hours (1,080 hours for fire shift personnel). If separation occurs on or after the 16th day of the 11th month of any service year, the separating employee will be considered to have served a complete year. A retired employee or beneficiary of a deceased employee is entitled to payment for up to 720 hours (1,080 hours for fire shift personnel) of accrued sick leave, regardless of length of service. 9.131 DENIAL OF SICK LEAVE While eligible employees may be entitled to unpaid FMLA leave, employees are not entitled to paid sick leave when they are absent for reasons relating to: (1) purposefully inflicted injuries; (2) caused by willful misconduct; (3) sustained while on leave of absence without pay; or (4) sustained as a result of another job, not previously approved by the City of Allen. This provision shall not apply to employees who qualify as "individuals with a disability" under the Americans with Disabilities Act (ADA) of 1990, regardless of the reason for their injuries. 167 9.13 J ILLNESS WHILE ON VACATION If an employee becomes ill or is injured while on vacation leave, the employee may request that the time spent sick or injured may come from sick leave instead of vacation leave. 9.13 K SICK LEAVE WHILE ON UNPAID LEAVE/SUSPENSION An employee on leave without pay or suspension forfeits the use and accrual of sick leave for the duration of the leave without pay, except to the extent that the leave without pay is authorized by the Family and Medical Leave Act. Upon completion of the leave without pay, the employee must either physically return to work if healthy, or submit an approved original doctor's statement justifying inability to return to work before sick leave credit and accrual may be restored. 9.13 L EXHAUSTION OF SICK LEAVE When an employee uses all sick leave and vacation leave, then the employee may be placed on leave without pay if approved by the City Manager or in accordance with the Family and Medical Leave Act. 9.14 FMLA LEAVE 9.14 A DEFINED Employees may take up to twelve weeks of unpaid leave per year in accordance with the national Family and Medical Leave Act (FMLA) of 1993. Application of this policy will vary according to the conditions set forth in this section. For situations or events in which this policy does not directly provide resolution, the FMLA and its regulations will apply. The period during which employees are in an unpaid status but protected by this policy will be referred to as "FMLA leave." The length of FMLA leave will be determined by the employee, but shall not exceed twelve (12) weeks. 9.14 B ELIGIBILITY Employees who are eligible for this leave have worked for the City at least twelve (12) months in total and at least 1,250 hours during the twelve (12) months immediately preceding the beginning of the leave. 9.14 C NOTICE AND SCHEDULING The employee must provide at least 30 days advance notice of his/her intention to take FMLA leave, to the extent he/she is able to do so. This notice, regardless of the date it takes effect, must be made in writing to a Risk or Benefits representative in the Human Resources Department and must include the effective date of FMLA leave, the nature of the employee's need for leave, the name and address of the concerned physician, the date the employee 168 intends to return to work, and the employee's intentions with respect to using other paid and unpaid time off. Employees taking leave to care for a new child will not be allowed to take the leave intermittently. Employees who have serious health conditions or are caring for seriously ill children, parents or spouses, however, may take their leave intermittently or on a reduced work schedule if this is medically necessary. 9.14 D EXTENDED MEDICAL LEAVE Nothing in this policy prevents the City from granting unpaid family or medical leave for employees beyond the initial twelve (12) weeks, however, the same protections and benefits granted under FMLA leave will not be continued during this extended leave. The provisions of Section 9.05, will apply to employees on extended medical leave. 9.14 E CERTIFICATION The City may require that employees requesting FMLA leave provide a certification from a doctor or other health care provider verifying the need for the leave. If the leave is to care for a child, spouse or parent of the employee, the City may also ask for a statement that the employee is needed to care for this person and an estimate of the amount of the time the employee will be needed to provide this care. Where it is the employee who is sick, the City may ask for a statement that the employee is unable to perform the functions of his/her job. Furthermore, the City may require that the employee (or the individual the employee is caring for) get a second or a third medical opinion on the accuracy of the information provide din the certification; the cost of these extra opinions will be paid by the City. 9.14 F JOB PROTECTION Upon their return to work, employees taking FMLA leave will be reinstated in their previous jobs or equivalent positions with equivalent pay. 9.14 G BENEFITS CONTINUED The City will continue insurance benefits for employees on FMLA leave at the same level at which benefits would be provided were the employee actively at work. If the insurance policy requires a premium paid in part by the employee, the employee must pay his/her portion of the premium by the first day of each billing month or his/her enrollment in that particular policy may be terminated. If the employee quits his/her job during or after the FMLA leave, but before returning to work, the City may recapture payments made for health benefits during that period from the former employee, subject to the FMLA. 9.14 H ACCRUAL OF BENEFITS DURING FMLA LEAVE Employees taking unpaid FMLA leave will not accrue sick leave, vacation leave, seniority (longevity), disability, or TMRS benefits. 169 9.141 PAID LEAVE AND FMLA The City will require all employees taking FMLA leave for their own serious health condition, or to care for a spouse, son, daughter or parent with a serious health condition to use all their accrued paid leave benefits concurrently with their FMLA leave. The accrued paid leave benefits will count towards the 12 -week FMLA total. Employees who are out due to workers' compensation are also required to use FMLA. 9.14 J SPOUSES EMPLOYED BY THE CITY If both spouses are employed by the City, the combined total amount of leave they can take for the birth or adoption of a child or to take care for a sick parent may be limited to 12 weeks. This limitation does not apply to leave for either the husband's or wife's own serious health condition or the serious health condition of a child. 170 CHAPTER TEN INCLEMENT WEATHER AND NATURAL DISASTERS 10.01 PURPOSE To establish guidelines to account for employee absences and actions when inclement weather conditions or natural disasters occur. 10.02 POLICY The City is responsible for vital public services that must be continued regardless of weather conditions. Depending on the situation, Department Heads may determine some positions essential to the City's function and must remain at their job site or report to work at their regular time. Alternatively, they must be ready to report if summoned or at whatever time their supervisor designates in advance. The employee's supervisor will work with the employee to ensure they arrive safely at the work site. If an employee is not required to be at work, it is the employee's decision as to whether or not they can arrive at work safely, or can continue at work, under adverse weather conditions. 10.03 PROCEDURE It is the City Manager's responsibility to decide and declare whether the policy for inclement weather or natural disaster conditions is in effect. The City Manager will notify Department Heads and the public information officer. The PIO will then be responsible for notifying the local radio and television stations, and the City's government access cable channel 6. An employee's primary point of contact for learning whether the policy is in effect is his/her supervisor. 1. When the City Manager declares the policy to be in effect, the following rules apply: a. A non-essential employee arriving no more than 2.5 hours past the regular reporting time will be given full credit for the workday. b. A non-essential employee arriving to work more than 2.5 hours past the regular reporting time may use any accrued leave, except sick leave, to be credited against the time missed beyond the 2.5 hours. Lost time may be made up during the remainder of the week with their supervisor's permission. c. Non essential employees who are unable to arrive at work may use any accrued personal leave time, or make up the lost time during the remainder of the week with their supervisor's permission. 171 d. The employee will contact his/her supervisor and notify their supervisor if they are unable to come to work. e. Employees that are unable to return home at the end of their regular work day due to inclement weather can find shelter overnight at the Central Fire Station. 2. A Department Head, the City Manager, or the City Manager's designee may send non-essential employees home when unsafe weather conditions or a natural disaster develop during the day. Employees sent home will be given credit for a full work day. 3. During a declared inclement weather period or natural disaster employees deemed to be essential by their Department Heads or the City Manager may be expected to provide service above and beyond their normal duties. Essential employees are expected to be able and willing: a. To report to work at their normal time; b. To be on call via page or phone and subject to reporting for duty outside of regular work hours; c. To work extended hours; d. To work different shift hours from normal; e. To perform duties different from normal practice; f To work under the direction of different supervisors or in different departments; and g. To operate under procedures or policies that may have to be temporarily amended by the City Manager or Department Heads to cope with disaster situations. 4. It is the City Manager's responsibility to announce when the inclement weather/natural disaster policy is no longer in effect due to the cessation of the weather conditions that triggered it. This announcement will be conducted in the same manner as the policy initiation announcement. 172 CHAPTER ELEVEN STANDARDS OF CONDUCT 11.01 CONDUCT 11.01 A RULES OF CONDUCT The following is a non-inclusive list of offenses which shall apply to all employees and shall be grounds for disciplinary action up to and including termination. 1. Unsatisfactory Attendance: Excessive absences, excessive tardiness, failure to report to work without reporting the reason to the immediate supervisor, failure to follow the procedures for requesting or using leave. 2. Abandonment of Job: Absence for two (2) consecutive working days without prior authorized leave. Employees shall be considered to have abandoned their jobs and shall be terminated without appeal rights. 3. Indifference Toward Job: Gross repeated neglect of duty, loafing, carelessness, lack of initiative, poor attitude, lack of cooperation, failure to remain at work, leaving work without permission, sleeping or otherwise being inactive during working hours, inefficiency, performing personal business during working hours, abuse of eating and/or rest periods, interfering with work of others, discourteous treatment of the public or other employees, failure to maintain a current license or certificate required as a condition for performing the job, failure to account for City of Allen documents or property. 4. Incompetence or Unsatisfactory Work Performance: Demonstrated inability to perform the duties of a position as specified in the employee's job description, unsuccessful completion of the probationary period. 5. Insubordination: Willful failure or refusal to perform assigned work, or to fully comply with instructions or orders as requested by the supervisor. Except if a. the employee feels that an instruction or order places the employee or other persons in danger or in violation of the law, or would damage City or private property, the employee may request approval from the next higher level of supervision, unless the risks the employee complains of are inherent to his normal job. 173 6. Violation of Safety Rules: Smoking in prohibited areas, improper removal of safety guards, fire extinguishers or other equipment designed to protect employees, failure to use safety equipment or to follow safety practices or riles, carelessness, neglect or improper use of property or equipment, injuring a fellow employee through negligence or through deliberate action, causing a preventable accident. 7. Dishonesty: Stealing, or taking City of Allen property or property of other employees without prior authorization, misuse of funds, misrepresentation, cheating, forging or knowingly falsifying official City of Allen reports, records or documents, knowingly misusing paid leave of absence. 8. Disturbance: Fighting, using profane, abusive or threatening language, using unnecessary loud or boisterous language, offensive conduct, spreading false reports or otherwise disrupting the harmonious relations between employees, possession of unauthorized firearms or lethal weapons on the job. 9. Alcohol or Drugs: Possessing, buying, using (unless prescribed for employee or purchased over the counter) or transferring possession of drugs (as defined by Section 1.02 of the Texas Controlled Substances Act) while performing assigned duties or during working hours, consuming or being intoxicated by use of drugs or alcohol while perforating assigned duties or while operating vehicles or equipment during working hours, reporting for work while under the influence of drugs (unless prescribed for employee or purchased over the counter) or while intoxicated from consumption of alcoholic beverage(s). 10. Misconduct: Any criminal offense or other conduct, including immoral conduct, during working or off duty hours, which have an adverse impact on the City of Allen. 11. Conduct Inconsistent with Interests of City of Allen: Violation of nepotism, harassment, secondary employment, records or other conduct policies addressed in this manual. 11.01 B WORK STANDARDS It is the duty of each employee to maintain high standards of productivity, cooperation, efficiency, and economy in his/her work for the City. Department Heads will organize and direct the work of their departments to achieve these objectives. If work habits, attitude, production, and/or personal conduct of an employee fall below acceptable standards, supervisors should point out the deficiencies at the time observed. Counseling and warning the employee in sufficient time for improvement will ordinarily 174 precede formal disciplinary action, but nothing shall prevent immediate action as required to meet the best interests of the City. 11.01 C ABUSE OF CITY PROPERTY Abuse of City property is exemplified by, but is not limited to, negligent damage or destruction of City equipment or property, waste of materials or negligent loss of tools or materials, purposeful or improper maintenance of equipment, or damage caused by use of tools or equipment for purposes other than that for which the tool or equipment was intended. In addition to being subject to appropriate disciplinary action, an employee may be responsible for the repair or replacement of any item willfully or recklessly damaged by the employee. Failure to reimburse the City is cause for discipline up to and including termination. 11.01 D POLITICAL ACTIVITY Except as may be otherwise provided by law, employees will refrain from using their position or influence for or against any candidate for public office. Employees shall not directly or indirectly coerce, attempt to coerce, command or advise another employee to pay, lend, or contribute anything of value to a party, committee, organization, or person for political purpose. No employee may seek or hold an appointive or elective City of Allen office. No employee may seek or hold an office of public trust, or partisan office in any jurisdiction, where such service would constitute a conflict of interest with City employment, with or without remuneration. If an employee decides to seek or assume such office then that person shall resign from City service or will be dismissed for failure to do so. 11.01 E SOLICITATION Solicitation of funds or anything of value for personal profit shall not be permitted. An employee also may not represent or appear on the behalf of any private interest before any City agency or associated agency. 11.01 F BUSINESS ACTIVITY An employee is prohibited from conducting any business on behalf of the City in his/her official capacity with any business entity with which he/she is a member, agent, or officer or owns a substantial interest. ht the event that such a conflict of interest occurs, the employee must remove himself from any proceedings involving the City and the business entity by fuming the matter over to his/her supervisor with a statement of why the employee can no longer be involved. 175 11.01 H FINANCIAL OBLIGATIONS All employees are expected to keep their personal financial affairs in good order. Employees should make every effort to ensure that creditors do not contact them during office hours. Failure to pay just debts, including taxes, will constitute grounds for disciplinary action. 11.011 ACCEPTANCE OF GIFTS All employees, regardless of their positions, are prohibited from accepting gifts or gratuities from individuals or firms with which the City does business or an individual or firm seeking City business or any kind of special consideration. In many instances, businesses have a policy of giving gifts during the holiday seasons and return of such gifts could create unnecessary ill will for the City. Under these circumstances, gifts will be donated to appropriate organizations or made available for general employee consumption. Should any question concerning the procedure for disposing of a gift arise, the City Manager should be consulted. Employees should not take advantage of their position to secure gifts or special privileges either for themselves or others. 11.01 J OUTSIDE COMPENSATION No employee shall receive any fee or compensation from a source other than the City of Allen for work done as an employee of the City of Allen except as may be otherwise provided by law. This does not preclude performing the same activities as in the employee's City job for a private organization provided that there is no conflict with the employee's responsibilities to his/her City employment. 11.01 K PROHIBITING FIREARMS IN CITY FACILITIES No employee, other than a peace officer, is permitted to carry any type of firearm or weapon on his/her person at a City work site, in any City building, in any City -owned vehicle, or in any vehicle while conducting City business unless the weapon is used in conjunction with the type of City service provided and it is approved by the Department Head. This section applies regardless of whether or not the person is duly licensed by the State of Texas to carry a concealed handgun. 176 11.01 L DISCLOSURE OF INFORMATION Disclosing information that could adversely affect any City property, business dealing, or any affair of the City, or using information gained while working in the City for the benefit of himself/herself or others at harm to the City, is prohibited. 11.01 M PERSONAL APPEARANCE All employees, regardless of work location and degree of public contact, are expected to dress appropriately and in good taste in relation to their assigned job duties and are expected to maintain a good general appearance at all times. 11.02 SECONDARY EMPLOYMENT AND ACTIVITIES 11.02 A RESTRICTIONS Employees shall not engage in any other employment during the hours they are scheduled to work for the City of Allen. Use of City facilities, equipment, supplies or time for engaging in secondary employment will result in disciplinary action up to and including termination. An employee may not engage in any outside activity that will discredit the City or in which his/her employment with the City gives him/her an advantage over others engaged in a similar business or activity. An employee may also not be involved in any job or activity that is incompatible with the full and proper discharge of his/her duties and responsibilities with the City or that might negatively affect his/her independent judgment in the performance of those same duties and responsibilities. 11.02 B APPROVAL REQUIREMENTS Employees shall notify in writing and receive written approval from their supervisor prior to accepting or engaging in secondary employment or business activities. Employees seeking secondary employment within the City of Allen must receive approval from their Department Head and Human Resources prior to accepting the position. The City of Allen reserves the right to deny a request for secondary employment or business activities if said employment or activity in any manner conflicts with City of Allen interests or public image or affects the employee's availability or performance at the City of Allen. 177 11.03 ABSENTEEISM 11.03 A PURPOSE The City Administration recognizes that absenteeism and tardiness by City employees increases the workload of other employees and forces changes in the work schedules that damage our quality of work and customer service. Employees should work the hours scheduled for their position as a normal condition of their job. Repeated unauthorized absences and/or instances of tardiness can be used as justification for disciplinary action up to and including termination. 11.03 B REPORTING AN ABSENCE BEFOREHAND The employee must contact his/her immediate superior when an absence or tardiness is foreseen and unavoidable. Contact must be made within one half hour after the employee's regularly scheduled workday begins. At that time the employee should give the reason for the absence or tardiness and indicate when the employee will be returning to work. If this contact is not made, the employee's absence is considered to be unexcused. 11.03 C EXCUSED ABSENCES 1. An excused absence can be accounted for through the use of the employee's "personal day," vacation, or sick time if the absence is due to medical reasons. In certain cases an employee may also take FMLA leave. 2. Excused absences will be granted for the purposes of voting in local, state, and national elections and for jury duty without the use of vacation time if the employee follows the procedures described in section 9.06 Jury / Court Duty Leave. 3. If an employee has used all vacation, sick, and FMLA time due to injury or an extended illness and is still unable to return to work, the employee is considered to be unable to return to work. At this point he/she may be subject to separation for incapacity as described in section 15.05 B. 4. If an employee has used all vacation time, and is not eligible to use sick or FMLA leave due to the non-medical nature of his/her absence, the employee will not be granted an excused absence. 5. For all excused absences, the supervisor is permitted to request proof of the need for the employee's absence if a problem with absenteeism is suspected. 178 11.03 D UNEXCUSED ABSENCES Unexcused absences include, but are not limited to, the following: 1. Failure to report to work without timely notification. 2. Arriving to work after the employee's scheduled starting time or leaving work before the employee's scheduled ending time. 3. Unauthorized absence from work site. 4. Abuse of approved leave or failure to follow procedures for requesting or using leave. 5. Job abandonment, which is defined as unauthorized absence for two (2) consecutive working days. 11.03 E ABSENCE PATTERNS When reviewing an employee's record for the purposes of determining an absenteeism problem, the employee's supervisor should consider the following factors in addition to the amount of time absent: I. Absences on scheduled weekends, Friday, Saturday, Sunday, Monday, or all. 2. Absence the day before and/or the day after a scheduled holiday or day off (Holiday pay may be withheld in such cases). 3. Absence the day after payday. 4. Calling in sick as rapidly as sick time is accrued, especially if used one day at a time. 5. Coincidence of absence with desirable days off. 6. Unauthorized absences should be explained to the employee's supervisor as soon as possible, and should be supported by evidence. Such explanation does not guarantee that disciplinary action will not be taken, but if the supervisor finds the explanation reasonable it may mitigate any disciplinary action taken. 11.03 F DISCIPLINARY ACTION Unauthorized absences signal an absenteeism issue that makes the employee subject to disciplinary action in accordance with the City of Allen's disciplinary policy. The disciplinary actions taken will vary based upon the seriousness and frequency of absenteeism. If an absence constitutes job abandonment, the employee is considered to have effectively resigned their position without appeal rights. 179 11.04 HARASSMENT PREVENTION 11.04 A PURPOSE It is the policy of the City of Allen to prohibit any form of sexual, racial, ethnic, disability, age, and religious harassment of employees or applicants. The City of Allen recognizes that the aforementioned forms of harassment are a violation of Federal and State laws. The City maintains a strict policy that harassment, whether sexual, ethnic, or religious in nature, or directed toward one's age or disability status, in the work place, is not acceptable and will not be tolerated. All employees, including directors, managers, supervisors, and representatives of the City, are expected to refrain from exhibiting any unwelcome behavior or displaying conduct toward any other employee which could be interpreted as harassment under this policy. 11.04 B DEFINITIONS The definitions listed below are in accordance with the applicable guidelines adopted by the Equal Employment Opportunity Commission. Sexual Harassment- Unwelcome sexual advances, requests for sexual favors, and other verbal (slurs, jokes) or physical conduct of a sexual nature constitute sexual harassment when: a. Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual; or c. Such conduct has the purpose or effect of interfering with an individual's performance or creating an intimidating, hostile, or offensive working environment. Examples include, but are not limited to: 1. Unwelcome sex -oriented verbal "kidding"; 2. Unwelcome teasing or jokes; 3. Subtle pressure for sexual activity; 4. Physical contact such as patting, pinching or constant brushing against another's body; or 5. Demands or inference of sexual favors. 2. Ethnic/Racial Harassment- Ethnic or racial slurs or jokes, and other verbal or physical conduct relating to an individual's national origin or race, constitute harassment when this conduct: a. Has the purpose or effect of creating an intimidating, hostile, or offensive working environment; or b. Has the purpose or effect of interfering with an individual's work performance. 180 3. Religious Harassment- Religious slurs or jokes, and other verbal or physical conduct relating to an individual's religious beliefs, constitute harassment when the conduct: a. Has the purpose or effect of creating an intimidating, hostile, or offensive working environment; or b. Has the purpose or effect of interfering with an individual's work performance. 4. Disability Harassment- Slurs or jokes, or physical conduct directed towards an individual's disability status, may constitute harassment when the conduct: a. Has the purpose or effect of creating an intimidating, hostile, or offensive working environment; or b. Has the purpose or effect of interfering with an individual's work performance. NOTE: Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual, as such term is defined in the Americans with Disabilities Act, 42 USC 12102; a record of such an impairment; or being regarded as having such an impairment. This would include, but not be limited to, an individual with a loss of limb, visual impairment, mobile impairment (wheelchair bound, artificial limb, etc.), sight impairment (blindness), hearing impairment (deafness), medical conditions such as heart disease, epilepsy, muscular dystrophy, cancer, mental illness, alcoholism, HIV disease, and other physical and mental medical conditions which are protected by Federal law. 5. Age Harassment- Slurs or jokes, and other verbal, non-verbal, or physical conduct directed toward an individual's age status, may constitute harassment when the conduct: a. Has the purpose or effect of creating an intimidating, hostile, or offensive working environment; or b. Has the purpose or effect of interfering with an individual's work performance. An individual's intentions and motives are not decisive factors in considering whether or not alleged harassment behavior has taken place. The effect of one employee's behavior upon another employee is the decisive factor. If an individual's behavior is considered to be offensive by another individual or if it has an intimidating effect upon another individual, sexual, racial, ethnic, religious harassment or harassment towards one's age or disability may be present. 11.04 C ADMINISTRATIVE PROCEDURES Each supervisor is responsible for maintaining his/her work place free of sexual, racial, ethnic and religious harassment or harassment directed toward one's disability or age status. This duty includes discussing and enforcing this policy and procedure with all employees and assuring them that they are not required to endure insulting, degrading, or exploitative treatment. 181 Individuals who experience harassment shall make it clear that such behavior is offensive to them. Any employee who feels that he/ she has been the victim of sexual, racial, ethnic, or religious harassment or harassment relating to his/her disability or age should immediately report the facts of the incident or incidents and the names of the individuals involved to his/her supervisor and the Human Resources Director or designee. Should the immediate supervisor be the offending party, the employee must report the alleged act to the next level of management and the Human Resources Director or designee. All employees are encouraged to report any alleged infraction without fear of retaliation. Failure to report alleged infractions will result in discipline up to and including termination. The Human Resources Director or designee and the manager/supervisor are mutually responsible for notifying each other when an allegation is reported. All allegations of harassment observed by or reported to a supervisor must be investigated immediately by the Human Resources Director or designee. All findings, decisions, and recommendations will be made on an individual basis considering the record as a whole on the totality of the circumstances, such as the nature of the behavior and the context in which the alleged incidents occurred. If harassment is found to exist, appropriate management and supervisory personnel shall take prompt corrective action. Anytime that sexual harassment becomes an issue of an alleged act of sexual assault, the investigation must be coordinated with the City of Allen Police Department. Appropriate disciplinary action will be taken when the findings warrant such action. Such disciplinary action should be determined by the nature of the wrongful act or acts and may result in immediate dismissal. The City recognizes that deliberate, false or frivolous accusations of harassment can also have serious effects on innocent men and women, their reputation, and their families; therefore, false accusations will result in severe disciplinary action up to and including termination. 182 CHAPTER TWELVE COUNSELING/DISCIPLINE 12.01 COUNSELING Supervisors should meet PRIVATELY with employees to discuss performance or behavioral problems when they first arise. A counseling session with an employee will not require the supervisor to place any written disciplinary action into an employee's personnel file. However, the supervisor should maintain notes of the meeting held with the employee. This is a pre- or non- disciplinary action. 12.02 DISCIPLINARY ACTION 12.02 A ACCELERATION OF DISCIPLINARY ACTION Nothing in this policy shall be construed to limit the City of Allen's authority to administer any form of disciplinary action at any time as necessary. 12.02 B TYPES OF DISCIPLINARY ACTION Depending on the circumstances of each case, disciplinary action shall be administered progressively and shall include, in order of severity: 1. Oral Wanting 2. Written Wanting 3. Suspension 4. Involuntary Demotion 5. Discharge 12.02 C ORAL WARNING An oral warning is a conference, discussion, talk or any other form of oral communication between a supervisor and employee in which the intent is to correct behavior. 12.02 D WRITTEN WARNING The written warning shall be used to document, in writing to the employee, the unsatisfactory job performance or conduct that has been demonstrated by the employee. Written notice gives the employee a set period of time in which to demonstrate improvement in job 183 performance or conduct. Written warnings must be transmitted to Human Resources for placement in the employee's personnel file. 12.02 E SUSPENSION Suspension is time off work without pay given to an employee as a disciplinary action. For any one occurrence, a suspension may not exceed fifteen (15) working days without prior approval of the Human Resources Director or designee. 12.02 F ADMINISTRATIVE LEAVE For purposes of conducting an investigation of an allegation, the Human Resources Director may place an employee on administrative leave with or without pay. 12.02 G ABANDONMENT OF JOB Abandonment of job consists of absences for two or more consecutive working days without prior authorized leave. Employees terminated for abandonment of job do not require written notice of the termination or opportunity to respond and are not eligible to file a complaint or grievance. 12.02 H INVOLUNTARY DEMOTION Involuntary demotion should only be considered as an appropriate form of disciplinary action when the employee's job performance or conduct is unsatisfactory in the current position held and it is determined that the employee should be retained in a lower pay range. 12.02I INVESTIGATION OF ALLEGATIONS The City reserves the right to place an employee on administrative leave pending the completion of an administrative investigation of the allegations against them. 12.02 J REMOVAL OF DISCIPLINARY ACTIONS Disciplinary actions will become void 24 months after their issuance; however, actions involving harassment, inappropriate conduct, and other serious violations will not be voided 24 months after their issuance. Employees may request the removal of "voided" disciplinary documents from their City personnel file. 184 CHAPTER THIRTEEN ARREST OF AN EMPLOYEE 13.01 ARREST OF AN EMPLOYEE 13.01 A PURPOSE It is the purpose of this policy to establish procedures to be followed in cases where a City of Allen employee has been arrested or charged with criminal offenses. 13.01B PROCEDURE In case of the arrest of a City of Allen employee, their employment status will be reviewed on a case by case basis with the following criteria, no one of which will be weighted in any particular order: 1. Severity of offense; 2. Effect on workplace; 3. Ability to continue workplace obligations; 4. Ability to come to work; 5. Affect on any licensing or certification; 6. Repeated criminal activity; 7. Security of other employees; 8. Disruption of the workplace; and 9. Supervision of other employees. The City of Allen may also remove an employee from the workplace on an interim basis, pending the final disposition of their case. However, any initial determination of employment status may be altered depending on factors such as length of time prior to final disposition of case and business necessity. 185 CHAPTER FOURTEEN SEPARATION OF EMPLOYMENT 14.01 SEPARATION OF EMPLOYMENT Separation of employment is an involuntary employment termination from the City of Allen. When separation occurs, a meeting will be conducted between the employee, the Department Head and a representative from Human Resources to discuss the reason behind the separation, with the exception of job abandonment. All disciplinary action involving discharge or suspension requires advance notice to the Human Resources Director. Should it be determined that discharge is the appropriate action, the employee should be issued a memorandum or letter and notified of the disciplinary action being taken and the applicable personnel policies involved in the decision. Additionally, the employee shall be advised that he/she may appeal the decision in accordance with the City of Allen's appeal procedure under Section 17.02. 14.02 RESIGNATIONS iLlUi�l:� N *3 CORE14 M cola 01 32RIXII Resignation is notice to a supervisor of an employee's intention to end his/her employment relationship with the City of Allen. 14.02 B RESIGNATION PROCEDURE Notice of resignation should be provided in writing to the employee's Department Head or designee, preferably at least two (2) weeks in advance of the effective date. In the notice the employee will state the last day/shift/hour to be worked. In instances where only an oral resignation is tendered, the supervisor shall document this fact in writing stating the date when the oral resignation was accepted. No reasoning need be given supporting the decision to resign. The supervisor will forward the resignation and termination packet to Human Resources. Failure to report to work as per the employee's normal work schedule or give proper notice as to an absence over the two- week period prior to the resignation date will be considered an unexcused absence, and may constitute job abandonment. 14.02 C RESIGNATION AND DISCIPLINARY ACTION A resignation tendered after the employee has been notified that he/she is or will be the subject of disciplinary action or investigation will not be accepted without consulting with the Human Resources Department and/or the City Attorney. If the resignation is accepted, the employee will be considered to have forfeited their right to respond to and/or appeal the 186 disciplinary action. If the resignation is not accepted, the employee reserves the right of response and appeal. If the employee renders his/her resignation and is notified at that time or afterwards of pending disciplinary action or investigation the employee may reserve the right to respond to and/or appeal the disciplinary action. 14.02 D REVOCATION OF RESIGNATIONS Unless the employee, their Department Head, and the Human Resources Director agree, a resignation will be considered irrevocable. A resignation cannot be revoked after the employee's written resignation date. 14.02 E RE-EMPLOYMENT Former employees not eligible for reinstatement will be considered in the same manner as members of the general public and will not be eligible for restoration of service or leave credit. 187 CHAPTER FIFTEEN NONDISCIPLINARY SEPARATION OF EMPLOYMENT 15.01 INCAPACITY 15.01 A DEFINED An employee may be separated for incapacity for medical reasons when the employee no longer meets the standards of fitness required for the position with or without reasonable accommodation from the City. 15.01 B CITY MEDICAL REPRESENTATIVE The final medical decision regarding incapacity will be made by the City's designated medical representative whose decision will be final. 15.01 C NONDISCIPLINARY ACTION Separation for incapacity will not be considered disciplinary action and will not cause denial of any benefits for which the employee would be otherwise entitled. 15.02 RETIREMENT Eligible employees may be separated by retirement in accordance with applicable programs. 15.03 CONTINUATION OF BENEFITS UPON RETIREMENT 15.03 A RETIREE COVERAGE Regular full-time employees, who are eligible for retirement under the City's retirement system and in accordance with the City's applicable programs, may continue health insurance and prescription coverage upon retirement until they become eligible for Medicare coverage. If at a later date, the retired employee elects to discontinue coverage, the retiree is no longer eligible for coverage under the City's health care plan. 15.03 B DEPENDENT COVERAGE Retired employees may elect to continue coverage for eligible dependents that were covered under the City's group health insurance plan at the time the employee retired. If a retired employee elects subsequently to discontinue coverage for a dependent, the dependent is no longer eligible to receive health care benefits under the City's health plan. 188 15.03 C COVERAGE BY OTHER EMPLOYERS A retired employee who is eligible for health care benefits coverage from another employer is not eligible to continue coverage under the City's health plan. 15.03 D NOTIFICATION TO CITY Retiring employees most provide written notification of retirement at least 45 days prior to the date the employee intends to retire. This additional notice is necessary to enable City staff to provide the appropriate retirement plan paperwork and to counsel retiring employees regarding their eligibility for retirement benefits. 15.04 REDUCTION IN FORCE 15.04 A BASIS FOR REDUCTION IN FORCE The City of Allen reserves the right to reduce the number of employees. 15.04 B RETENTION DURING A REDUCTION IN FORCE The initial consideration in a reduction in force shall be to maintain a level of service necessary to operate the City of Allen. After insuring the above, retention preferences may consider the following: 1. Prior written performance appraisals and current performance. 2. Seniority. 15.04 C NOTICE OF REDUCTION OF FORCE Whenever possible, employees impacted by a reduction in force shall be given at least two (2) weeks' notice of the imminent loss of their job. 15.04 D REORGANIZATION Policies and procedures of this manual may be suspended during a departmental reorganization with the approval of the City Council. 15.05 REINSTATEMENT 15.05 A BASIS FOR REINSTATEMENT Decisions to offer reinstatement to an employee will be made primarily on whether the reinstatement serves the best interests of the City of Allen. 189 15.05 B SEPARATION FOR INCAPACITY Employees who resign or were separated for incapacity may be reinstated in the same or similar position within six months following the separation. Employees reinstated must be able to perform the duties of the position and successfully pass all medical/physical requirements for the position. 15.05 C SEPARATION DUE TO REDUCTION IN FORCE Employees who were separated due to a reduction in force may be recalled to return to work within six months from their separation provided the person is able to perform the duties of the position and successfully pass all medical/physical requirements for the position. 15.05 D VETERANS Employees who leave the City's service to enter active duty with the Armed Forces of the United States are eligible for reinstatement in accordance with applicable State and Federal legislation. 15.05 E RESTORATION OF SERVICE AND LEAVE CREDIT Unless otherwise provided by policy, reinstated employees shall receive restored seniority or any leave credits for which they did not receive payment at the time of separation, if they are restored to their position within six months of their separation of their employment with the City. 190 CHAPTER SIXTEEN DRUG-FREE WORKPLACE 16.01 PURPOSE The City Administration recognizes that drug-free, healthy employees are essential to having a productive, service-oriented work force. Additionally, it is recognized that happiness, mental health, and a stable family unit, is consistent with non -drug use. To that end, Administration seeks to prevent drug use/abuse dining employment with the City of Allen. This policy is designed to eliminate drug and alcohol abuse and its effects in the workplace. A second and equally important issue is the responsibility of government to the taxpayers and citizens of Allen to ensure that there is not deterioration of trust in public employees. While it is recognized that the consequences of drug abuse are guided by the individual job classification, this policy serves as an umbrella for all departments. Drug and/or alcohol testing will be conducted based on reasonable suspicion, following accidents, prior to employment and randomly for certain employees. The purpose for drug and alcohol testing is to promote a DRUG-FREE WORK ENVIRONMENT and to protect the employee who might be impaired by the use of a controlled substance, his/her fellow employees, and the general public, from harm or injury. The use of alcoholic beverages as authorized by the City Manager at City -sponsored social functions shall be permitted if such social functions do not occur in the workplace, on City property, in any City facility during working hours, in a City uniform, or in a City vehicle. Employees are not allowed to purchase or consume alcoholic beverages while in uniform at any time. 16.02 DEFINITIONS In order to maintain a drug-free workplace, an employee may not manufacture, distribute, dispense, possess, use or be under the influence of the following substances or drug paraphernalia in the workplace, during working hours, otherwise discharging duties as an employee, or in a City vehicle: I. Illegal drugs, controlled substances, or controlled substances analogues as used in this policy is defined by Texas Health and Safety Code, as amended Section 481.002 (5) and (6). Marijuana and abusable glues and aerosol paints (inhalants) as defined in Vernon's Texas Codes Annotated Health and Safety Code, as amended Section 485.001. 2. Alcoholic beverages means alcohol or any beverage containing more than one- half of one percent of alcohol by volume alone or when diluted. 3. Drug paraphernalia means equipment, a product or material of any kind as defined in the Texas Health and Safety Code, Section 481.002 (17). Under the influence ojilfrcit drugs shall mean having present in the body or urine a quantity of an illicit drug sufficient to register a positive result on the drug screen utilized by the City, the testing parameters of which are set forth as follows: 191 CUT-OFF LEVELS Under the influence of alcoholic beverages is defined as follows: a. Not having the normal use of mental or physical faculties by reason of the introduction of alcohol into the body; or b. Having an alcohol concentration equal to or greater than 0.04 grams of alcohol per 100 milliliters of blood; or c. Having an alcohol concentration equal to or greater than 0.04 grams of alcohol per 210 liters of breath. 16.03 TRAINING 16.03 A EMPLOYEES In an effort to promote this policy, managers will make their employees available for training regarding substance abuse prevention. Employees will be required to attend training, read and discuss the City of Allen's written Substance Abuse Policy or educational materials regarding substance abuse. Employees shall be required to sign a statement that they have read and understand the City of Allen's written policy on substance abuse. Employees and their family members will receive periodic brochures and information about preventing substance abuse in their family. This may include payroll stuffers, brochures mailed directly to the employees' homes, and information about the prevention activities available in their community. 16.03 B MANAGERS Managers (mid-level and Department Heads) will receive training and information, which will assist them in determining the presence of substance abuse, including, but not limited to: 1. Attendance at work; 2. Absences—leaving early from work, arriving late at their work site; 3. Completion of assigned work; 4. Use of sick leave; 192 Blood/Urine Substance Breath a) Cannabinoids (Marijuana) 50 NG/ML b) Amphetamines 1000 NG/ML c) Cocaine 300 NG/ML d) Opiates 2000 NG/ML e) Phencyclidine (PCP) 25 NG/ML t) Barbiturates 300 NG/ML g) Benzodiazepines 300 NG/ML h) Propoxphene 300 NG/ML i) Methadone 300 NG/ML j) Methaquale 300 NG/ML Under the influence of alcoholic beverages is defined as follows: a. Not having the normal use of mental or physical faculties by reason of the introduction of alcohol into the body; or b. Having an alcohol concentration equal to or greater than 0.04 grams of alcohol per 100 milliliters of blood; or c. Having an alcohol concentration equal to or greater than 0.04 grams of alcohol per 210 liters of breath. 16.03 TRAINING 16.03 A EMPLOYEES In an effort to promote this policy, managers will make their employees available for training regarding substance abuse prevention. Employees will be required to attend training, read and discuss the City of Allen's written Substance Abuse Policy or educational materials regarding substance abuse. Employees shall be required to sign a statement that they have read and understand the City of Allen's written policy on substance abuse. Employees and their family members will receive periodic brochures and information about preventing substance abuse in their family. This may include payroll stuffers, brochures mailed directly to the employees' homes, and information about the prevention activities available in their community. 16.03 B MANAGERS Managers (mid-level and Department Heads) will receive training and information, which will assist them in determining the presence of substance abuse, including, but not limited to: 1. Attendance at work; 2. Absences—leaving early from work, arriving late at their work site; 3. Completion of assigned work; 4. Use of sick leave; 192 5. Punctuality in work and frequency of leaving work early or tendency to "disappear" for periods during the day, 6. Excessive use of health claims; 7. Use of disability payments; and 8. Availability and willingness to perform work in an overtime status (if applicable). 16.04 C TESTING To insure compliance with the rules of this Substance Abuse Policy, the City may require that an employee or job applicant submit to a blood, urine and/or breathalyzer test to detect the presence of illegal drugs or alcohol and as a condition of employment or continued employment under the following circumstances: 1. Prior to employment with the City of Allen, all persons shall be required to submit to a drug urine test as a part of the pre-screening process. An unconditional job offer is extended when results are negative for the presence of drugs at levels defined by Chapter 49 of the Texas Penal Code. 2. All employees who have sustained an injury or who are involved in an accident while on duty, shall be required to submit to a drug and alcohol urine test in the following situations: a. When an employee sustains a job injury which reasonably may require medical attention. b. When an employee is involved in an accident in which safety regulations, orders or protocol are violated or which results in damage to equipment or property. c. When an employee is involved in any vehicle accident. Drug testing shall not be required if an employee sustains an injury due to the intentional conduct or deliberate acts of another individual or the employee is bitten or attacked by an animal. 3. All employees shall be required to submit to drug and alcohol testing via blood, urine and/or breath alcohol tests if one of their supervisors has a reasonable suspicion. This suspicion must be based on specific, observable facts that the employee is in violation of the rules of this policy or any other disciplinary rule of the City of Allen relating to drug or alcohol use. The Human Resources Director or designee must approve any drug and alcohol test ordered under reasonable suspicion. Reasonable suspicion may be based on, but is not limited to, the following criteria: a. Direct observation of drug or alcohol use or possession; or b. Physical symptoms of being under the influence of a drug or alcohol such as smell of alcohol, poor coordination or reflexes, significant confusion, disorientation, glassy or blood shot eyes and slurred speech; or c. A pattern of abnormal or erratic behavior, including on the job accidents; or 193 d. Any arrest or conviction for a drug or alcohol related offense or the identification of an employee as the focus of a criminal investigation into illegal drug possession, use or trafficking; or e. Information provided by reliable and credible sources or information which is independently corroborated; or f. Any evidence that an employee has tampered with a previous drug and/or alcohol test. 4. All employees who have been promoted within their division or promoted to another department shall be required to submit to the drug and alcohol testing part of routine physical examinations as a condition of the promotion. 5. Random testing will be directed by the Human Resources Director or designee. If random testing occurs, it will be done consistently and methodically without preference and partiality based on a random selection method developed by the Human Resources Department that insures impartiality. All appropriate employees will be included in the random testing program. All drug testing will be done in a manner that will minimize inconvenience to employees, while maximizing its accuracy. Random sample selection (employees and dates for test) will be done with a computer program for statistical random validity monitored by the Human Resources Department. 6. All employees who are subject to United States Department of Transportation rules regarding safety sensitive positions shall be subject to a breath test for alcohol and urine test for the presence of illicit drugs at detectable limits established by the Department of Transportation. Such employees may be subject to the following types of tests pursuant to the Department of Transportation rules: pre-employment tests, post -accident tests, random tests, and reasonable suspicion tests, return to duty tests and follow-up tests. Refusal to be tested in any of the aforementioned circumstances may result in non -selection for an applicant or discipline up to and including termination. The City of Allen reserves the option to substitute a blood or urine test with a breath alcohol test performed by local law enforcement officials or appropriately trained medical personnel. 16.05 NOTIFICATION Pursuant to the Drug -Free Workplace Act, the City of Allen requires employees to notify his/her supervisor of any criminal State or Federal drug statute conviction for a violation occurring in the workplace by the employee no later than five days after the conviction. 194 16.06 OVER-THE-COUNTER/ PRESCRIPTION DRUGS The City of Allen reserves the right at all times to determine the effect(s) that a prescribed drug may have upon an employee's work performance and to restrict the employee's work activity or presence at the work place accordingly. The City also reserves the right to have a physician of its own choice determine if the medication at the prescribed dosage produces hazardous effects, and may restrict the employee's work activity or whether such use is for a non -therapeutic purpose. It is the employee's responsibility to inform the Human Resources Department when he/she is taking an over-the-counter or prescription medication the label of which cautions against driving or operating heavy machinery or which produces adverse reaction that could affect driving or operating heavy machinery. In this instance, employees will temporarily be removed from driving or operation of heavy equipment status unless the prescribing physician specifically permits driving. Failure to notify Human Resources may result in discipline up to and including termination. 16.07 REHABILITATION The City of Allen encourages employees and dependents to seek early voluntary treatment for substance abuse problems through the City's Employee Assistance Program (EAP), which provides counseling and referral services. However, those who are discovered by drug testing, being intoxicated or having a detectable amount of alcohol in their system or being in possession of controlled substances or alcoholic beverages while on duty, are subject to discipline and will be held to the full intent of this substance abuse policy and the law, when it exceeds this policy. 16.08 FOLLOW-UP An employee who voluntarily entered a drug or alcohol rehabilitation program, including EAP, approved by the City Manager, may be required to submit to additional drug tests at any time for up to 60 months after successfully completing a drug or alcohol rehabilitation program. If an employee who voluntarily entered an approved drug or alcohol rehabilitation program subsequently tests positive for illicit drugs, he/she will be subject to immediate discipline up to and including termination. 16.09 CONFIDENTIALITY Laboratory reports or test results shall be maintained in the Human Resources Department in a confidential medical file separate from the employee's official Personnel files. The reports or test results may be disclosed to City management strictly on a need -to -know basis and to the tested employee or applicant upon request. Disclosures, without patient consent, may also occur when: a. The information is compelled bylaw or by judicial or administrative process; 195 b. The information has been placed at issue in a formal dispute between the employer and employee; c. The information is to be used in administering an employee benefit plan; d. The information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. 16.10 REFUSAL Refusal to submit to drug and alcohol testing when required by the City of Allen will result in automatic termination of an employee from employment or rejection of a job applicant. Under the provisions of this policy for purposes of investigations, all employees of the City of Allen are required to sign the "Notice of Administrative Inquiry." 16.11 POSITIVE RESULTS Termination of an employee or automatic rejection of a job applicant will also occur if the employee or job applicant submits a urine, blood or breath sample which tests positive for the presence of controlled substances. All breath samples with an alcohol concentration of 0.04% or greater are grounds for termination. An alcohol concentration of 0.02% or greater, but less than 0.04%, may be subject to disciplinary actions up to and including termination. For the purposes of this policy, based on a breath sample showing a concentration of 0.02% or higher, the City may also derive an employee's blood alcohol level back to their arrival time at work. If an employee is subject to United States Department of Transportation rules regarding safety sensitive positions, those rules will take precedence over the rules in this policy pertaining to drug and alcohol testing and detectable limits. However, administrative disciplinary actions, if necessary, will occur under the full extent of this Substance Abuse Policy. It shall be an affirmative defense under this policy that the employee or job applicant has a valid prescription from a licensed medical practitioner for the positively tested, controlled substance, or has ingested an over-the-counter medication administered in accordance with the manufacturer's instructions. The controlled substance taken from a therapeutic purpose prescription must be taken in the prescribed dosage by the employee or job applicant and shall be prescribed for the employee or job applicant who tests positive. The burden of proving such defense as provided herein shall rest on the employee orjob applicant. All employees who are terminated for testing positive for illicit drugs or alcohol, tampering with a urine or blood sample or refusing to take a drug test shall be ineligible for rehire with the City of Allen, unless such rehire is required by law. 100 CHAPTERSEVENTEEN GRIEVANCE AND APPEAL PROCEDURE 17.01 GRIEVANCE PROCEDURE 17.01 A PURPOSE It is the desire of the City of Allen that there exist a fair, equitable, and timely procedure for employees to resolve any grievance that they may have without fear of retaliation or harassment. It is also the desire of the City that this policy have the additional effect of encouraging free and open communication between employees and their supervisors in order to prevent circumstances that could cause grievances to occur. 17.01 B DEFINED A grievance is defined as an employee's expressed feeling of dissatisfaction concerning conditions of employment or treatment by supervisors or other employees including, but not limited to, alleged discrimination based on race, color, religion, sex, age, national origin, sexual orientation or disability status. 17.01 C GENERAL PROVISIONS 1. Grievances can only be initiated by the employee concerned, and not by another person on the employee's behalf. 2. Repeated filings of a grievance that have been previously Wiled upon will not be considered. 3. The employee initiating the grievance may ask for assistance from the Human Resources Department. 4. Supervisors or Department Heads are encouraged to ask the Human Resources Director about the proper interpretation of a City policy or procedure at any time. 5. Although this procedure is designed for individual employee usage, a group of employees can combine their grievances if they have been filed on similar matters. In this situation, a decision made on the combined grievances shall be binding on all similar grievances and a copy of the final reply will be given to all complainants. 6. When the same issues that are being appealed or grieved are the subject of federal or state litigation or a charge filed with the Equal Employment Opportunity Commission or the Texas Commission on Human Rights, the investigator has the discretion to postpone the hearing until the court or agency determines the issues. 197 7. The ability to file a grievance ends if the employee terminates employment with the city. 17.01 D ACTIONS ADDRESSED AS A GRIEVANCE Actions addressed under the grievance procedure include, but are not limited to, the following: 1. Adverse effect of a misinterpretation or misapplication of a written policy, rule or regulation. 2. Unfair or discriminatory application of supervisory policies. 3. Alleged acts of coercion, reprisal, intimidation or retaliation. 4. Written disciplinary action not covered by the appeal procedure. 17.01 E TIME LIMITS As it is in all parties' best interest to resolve the issue as rapidly as possible, all time limits noted are considered mandatory. However, time limits may be expanded for legitimate reasons by mutual agreement between the employee and management. This agreement must be made in writing and a copy given to the Human Resources Director. No extension shall last more than ten (10) days and there should be a maximum of one extension per step. Days are considered to be working days; i.e. not weekends or holidays recognized by the City's leave policy. Failure to comply with the time limits by the employee, except in cases due to circumstances beyond the employee's control, shall result in termination of the grievance proceedings. Upon such a termination, the previous decision rendered will be non - appealable. If a supervisor does not comply with the time limits, the employee is entitled to take their grievance to the next higher level of authority. A supervisor who does not comply with the time limits is subject to disciplinary action, except in cases due to circumstances beyond the supervisor's control. All meetings shall take place during work hours with no corresponding loss of leave time for the employee, assuming that the privilege is not abused. Preparing written reports on the grievance is not permitted by the aggrieved employee during work hours. 17.01 F EXCLUDED FROM THIS PROCEDURE The following actions are excluded from this procedure 1. Termination 2. Involuntary Demotion 198 3. Suspension 4. Job Abandonment 5. Harassment (as prescribed by Section 11.04 C Administrative Procedures) 17.01 G PILING A GRIEVANCE STEP 1 Supervisor Review a. The employee must meet with his/her supervisor within 10 days of the action causing grievance, or from the fust time that the employee could have become knowledgeable about the action. If the supervisor is the cause of the grievance the employee may meet with the next higher level of management. b. The supervisor may resolve the issue as soon as possible or within 5 days. C. If the grievance is not resolved after discussion with the employee's supervisor, or the employee finds the supervisor's response to be unacceptable, the employee has 5 days to advise the supervisor he wishes to pursue the grievance under STEP 2. STEP 2 Upper Management Review a. The employee must present a written statement detailing the grievance, the facts upon which it is based, an allegation of a specific wrongful act and harm done, and a suggestion for resolution of the grievance to his/her Department Head within 10 days of the action causing grievance, or from the first time that the employee could have become knowledgeable about the action. b. The Department Head, the employee's immediate supervisor, and other appropriate intermediate department managers will meet with the aggrieved employee within 10 days of the presentation of the written grievance. C. Management renders a decision in writing to the employee within 10 days of the meeting. A copy of the decision must be given to the Human Resources Director. d. If the grievance is not resolved in Step 2, the employee has 5 days to request action under STEP 3. A grievance against a member of a department other than the aggrieved employee's will start the process at STEP 2. 199 STEP 3 Appeals To The City Manager The City Manager will receive written documentation of the grievance and of the actions at each step that failed to resolve the issue. After review of the documents, the City Manager shall issue a binding and non -appealable decision. 17.01 H RECORD OF GRIEVANCE All official records of an employee's grievance shall be maintained in the employee's personnel file according to the City's record retention schedule. 17.011 REPRISAL FOR SUBMISSION OF A GRIEVANCE Under no circumstances shall an employee be penalized, harassed or suffer reprisal for using the grievance procedure. b. If an employee feels that he/she bas been a victim of the above actions as a result of filing a grievance or participating or assisting in the investigation of a grievance, the employee may file a grievance of retaliation. Any City employee found to have purposefully hindered or attempted to hinder grievance proceedings or to have retaliated in any way against an employee involved in grievance proceedings will face disciplinary action up to and including termination. 17.01 J CONFIDENTIALITY Any breach of confidentiality by any employee during a grievance procedure shall be considered to be insubordination and shall be grounds for disciplinary action as prescribed in Chapter 11. 17.02 APPEAL PROCEDURE 17.02 A DEFINED An appeal is an employee's formal written appeal of any determination to: Terminate (job abandonment excluded) 2. Involuntary Demote 3. Suspend 200 17.02 B GENERAL PROVISIONS 1. With the exception of job abandonment, no employee can be terminated, suspended, or demoted without the right of response and appeal to the City Manager. This administrative process is the exclusive remedy to dispute the just cause of the aforementioned actions. There is no right to appeal the final administrative decision to any court based upon a claim of insufficient cause or breech of contract. 2. Failure of an employee to fully utilize and exhaust the appeal process shall be deemed a waiver of any response and appeal rights granted under this section. If the right to a hearing is waived by the employee, the appeal may be dismissed or a decision on a disciplinary action involving the employee may be made by the employee's supervisor, Department Head, the City Manager, or designee. 3. Repeated filings of an appeal that have been previously denied will not be considered. 4. All appeals must be made in writing, and all decisions rendered will be given in writing to the employee. 17.02 C TIME LIMITS The time limits specified herein regarding an employee's actions are mandatory and jurisdictional. Failure to comply with the time limits by the employee shall result in termination of the appeal proceedings except in cases due to circumstances beyond the employee's control. An appeal not responded to within the prescribed time limit by a supervisor or other appropriate representative at each step shall be considered a violation of this section and justifies disciplinary action against the representative, except when the delay was a result from circumstances beyond the representative's control. Time limits may be extended or shortened if agreed to in writing by all parties. A delay by the City representative will not void the appeal. 17.02 D INELIGIBLE EMPLOYEES Probationary and temporary employees are ineligible to use the appeal procedure. 17.02 E FILING AN APPEAL STEP 1 Appeal Filed With City Manager All written appeals must be filed with the City Manager's Office within ten (10) working days of notification of disciplinary action. 201 STEP 2 Appeal Hearing a. The City Manager will hear the appeal within 15 working days after the appeal is filed. b. The City Manager will establish such rules of evidence and procedure as are appropriate for the circumstances of the appeal. c. The decision will be rendered within 15 days of the appeal. 17.02 F PRIVATE HEARINGS All appeals are private and are closed to the public. Only principals, legal counsel, the City Manager, and staff designated by the City Manager shall be allowed to attend the hearing. For purposes of the hearing, principals will be defined as appellant and his/her representative, City of Allen management representative taking the appealable action and his/her representative. Witnesses may not be present except while presenting their testimony. 17.02 G RESPONSE If the disciplinary action is dismissed, the employee will immediately be returned to his/her state of employment that existed prior to the disciplinary action. 17.02 H RECORD OF APPEAL All official records of an employee's appeal shall be maintained in the employee's personnel file according to the City's record retention schedule. 17.021 REPRISAL FOR SUBMISSION OF AN APPEAL a. Under no circumstances shall an employee be penalized, harassed or suffer reprisal for using the appeal procedure. b. If an employee feels that he/she has been a victim of the above actions as a result of filing an appeal or participating or assisting in the investigation of an appeal, the employee may file a grievance of retaliation. C. Any City employee found to have purposefully hindered or attempted to hinder appeal proceedings or to have retaliated in any way against an employee involved in appeal proceedings will face disciplinary action up to and including dismissal. 202 17.01 J CONFIDENTIALITY Any breach of confidentiality by any employee during an appeals procedure shall be considered to be insubordination and shalt be grounds for disciplinary action as under Chapter 11. 203 CITY OF ALLEN _ Employee Grievance Form CITY OF ALLEN The completion of this form indicates that you wish to pursue a grievance to the second level of the appeal procedure, namely review by upper management. This step may only be taken after the initial discussion with your supervisor (or with your supervisor's manager if your supervisor is involved in your grievance). Upon completion, this form is to be submitted in person to the City of Allen Human Resources Department. Grievant's Telephone: Supervisor: Date Grievance was discussed with Supervisor (Step One): Employee's Statement — Please provide a comprehensive description of the facts surrounding the work-related problem or condition of employment that you believe to be unfair, inequitable, or a hindrance to your job performance. Please attach additional pages if necessary. I certify that the information contained on this form is a true reflection of the events that led to the grievance in question. Signature 9M, Date CHAPTER EIGHTEEN SAFETY 18.01 WORKERS' COMPENSATION 18.01 A INJURY ON THE JOB An employee injured in the line of duty will be eligible for workers' compensation according to established State law. 18.02 SUPPLEMENTAL SALARY PAYMENTS 18.02 A SUPPLEMENTAL SALARY PAYMENTS DEFINED Supplemental salary payments are payments made to an eligible employee authorized to be off duty as a result of an on-the-job injury in order to make up the difference between workers' compensation payments and the employee's normal rate of pay. ht no case will the total amount paid to an injured employee during the time absent from work, including any combination of workers' compensation benefits and supplemental salary payments exceed the full pay which the employee would have received for such period at his/her regular hours and current rate of pay. 18.02 B ELIGIBILITY Only regular, full-time employees who have been employed over one year are eligible for supplemental salary. An employee cannot be eligible for Supplemental Salary Payments for a re-injury or an additional injury until the employee has had continuous work service of six (6) months since the end of the last period of Supplemental Salary Payments. 18.02 C DURATION At the discretion of the Human Resources Director and/or the Department Head, payments may continue for one year after the date the employee is first unable to work. Payments will cease prior to one yew when it is certified by the employee's treating physician or an independent physician that the employee is able to return to normal duty. 18.02 D USE OF VACATION, SICK LEAVE AND LEAVE WITHOUT PAY If the employee is denied, refused, or exhausted supplementary salary payments while receiving workers' compensation benefits, the employee is eligible to take vacation or sick leave in the amount necessary to make up the difference between the workers' compensation benefits and the employee's normal rate of pay. If the employee has exhausted vacation, sick leave, and the supplementary salary payments while receiving workers' compensation benefits, the employee may be granted leave without pay. 205 18.02 E SUSPENSION OF PAYMENTS Supplemental salary payments will be suspended or initially denied if an employee fails to comply with City policy and directions. Specific grounds for suspension or denial are: a. If the employee is awaiting a final injury chargeability decision; b. If the employee fails to report an injury in compliance with City policy; c. If the employee suffers an injury due to his/her own gross negligence or the breaking of any rule, regulation, or law; d. If the employee submits a claim that is denied by the City's workers compensation carrier; e. If the employee engages in any kind of part-time or volunteer work while receiving supplemental salary; I. If the employee fails to act in a manner consistent with being off work convalescing; g. If the employee fails to comply with the directions of his/her treating physician; h. If the employee refuses to submit to an independent medical examination in accordance with the Texas Workers' Compensation Statutes; i. If the employee refuses to accept any modified or light duty work that is deemed within the employee's capability in the opinion of the employee's treating physician, and that is consistent with the employee's training and/or abilities; j. If the employee refuses to return to active duty after being released by his/her treating physician; k. If the employee refuses to cooperate with the City in ascertaining facts and information surrounding the cause, nature, and day-to-day status of the employee's injury; 1. If the employee refuses to keep his/her mamediate supervisor informed each week as to the status of the injury while on supplemental salary; in. If the employee refuses a post -accident drug or alcohol test; n. If the employee's Worker Compensation indemnity payments are stopped; o. If the employee is terminated; or p. If the employee chooses to go to a doctor that is not recommended by the City. 18.02 F PAYMENT SUSPENSION APPEAL Denial or suspension of payments as a result of employee violation of City policy or direction is not appealable or subject to a formal complaint. 206 18.03 ALTERNATE DUTY 18.03 A PURPOSE The City of Allen believes that it is both in the City's and employees' best interest for them to return to work after an injury in some capacity consistent with their knowledge and skills so long as their tasks do not hinder the employee's recovery. Alternate duty is defined as the temporary appointment of an employee of one assignment to a different assignment as a response to a work-related injury or temporary disability that prevents an employee from performing the essential duties of their own jobs. Alternate duty does not include assignments restricted by the physician within the employee's presentjob. Alternate duty also does not include permanent accommodation arrangements which, if reasonable, will be made to enable employees with disabilities to perform the essential functions of their jobs as provided by the Americans with Disabilities Act (ADA) of 1990. As per the Pregnancy Discrimination Act of 1978, pregnancy is also treated as a temporary disability and alternate duty may be assigned if the pregnant employee is unable to fulfill her normal job functions. 18.03 B QUALIFICATIONS 1. There must be a need within the City (not necessarily in the employee's original department) that the recovering employee could potentially fill. 2. Employees on workers' compensation have first priority for alternate duty assignments over off duty injuries and pregnancy. 3. The employee must be qualified for and able to perform the essential functions of the alternate duty position, with or without accommodation. No assignment may be made to Alternate Duty without the approval of the applicable Department Head(s) and the Risk Manager and without the employee providing the Department Head and Risk Manager the following information a. A written statement from the treating physician detailing restrictions on the employee's activities; b. The period of time which the employee will be subject to the restrictions; c. The expected date that the employee may start an alternate duty assignment, and the expected date that the employee may return to full duty; d. The date of the next scheduled appointment with the treating physician. 4. Employees who are not qualified for leave under the Family and Medical Leave Act, or who have exhausted all such leave, may be assigned to alternate duty pursuant to the other qualifications in this section. 207 5. The employee may not participate in any secondary job activities, as prescribed in Section 11.02, while on alternate duty. Participation in any secondary job activity may be grounds for disciplinary action up to and including termination, as determined by the Department Head and Human Resources Director. 6. Regardless of qualification, assignment to alternate duty remains at the discretion of the City. This policy will not be construed or interpreted to mean any employee has a right to an Alternate Duty assignment nor that the City is compelled to assign an individual to Alternate Duty status. 18.03 C PROCEDURE 1. Employees may request alternate duty appointments or be appointed to alternate duty without their consent pursuant to the qualifications as prescribed in Section 18.03 B. 2. All personnel, whether injured on or off the job, shall report to their supervisors and to the Risk Manager every Monday morning while working alternate duty. 3. Workers' compensation claimants shall provide their Supervisor and the Risk Manager copies of all medical documents concerning their injuries within 24 hours of each doctor visit. 4. Employees assigned to alternate duty will be paid at the same monthly rate as their permanent position. 5. Work assignments and work schedules for those on alternate duty will be determined by the assigned supervisor in accordance with the determined need for service. 6. The employee is expected to cooperate and fully perform his/her assigned duties, and continue to comply with any and all City directives. The employee is also expected to inform his/her alternate duty supervisor, his/her full duty supervisor, and the Risk Manager of all scheduled medical appointments. Failure to comply may be considered insubordination and may result in termination of the alternate duty assignment, and/or disciplinary action up to and including termination. 7. Refusal to return for alternate duty will be considered insubordination and may result in termination of the alternate duty assignment, and/or disciplinary action up to and including termination. Kfn 8. No alternate duty assignment or combination of assignments will be made for a period longer than ninety (90) days, unless an exception is granted by the Human Resources Director. In no case will an alternate duty assignment last more than one year from the date of injury. 9. The employee's work status will be reviewed by the Department Head and Risk Manager every thirty (30) days while on alternate duty. 10. Alternate duty provisions for temporarily disabled employees will be re-evaluated at the time it is determined by medical authority that a permanent disability exists. 18.03 D RETURN TO FULL DUTY 1. An employee released by his/her treating physician to return to the employee's full duty position must provide both his/her Department Head and the Risk Manager a copy of the written release. 2. If after returning to full duty the employee finds that he/she has not recovered to the extent necessary to perform the tasks of the full duty position, he/she should inform his/her supervisor and set up an appointment with the treating physician as soon as possible. If necessary, the employee can request a written medical excuse from duty. Copies of the excusal must be provided to the Department Head and Risk Manager. The employee can request another alternate duty assignment if the ninety (90) day limit has not been reached or if the limit has been extended under the provisions of section 18.03 C Item (8) or may take any available paid or unpaid leave. The employee must choose one or the other or be subject to disciplinary action up to and including termination. 3. If it is determined by the treating physician that the employee will never be capable of returning to full duty, the employee may apply for permanent employment in his/her current alternate duty position or in another vacant City position. In this case, the employee will be evaluated in the same manner and by the same process as all applicants for the position. If no position is available, the employee may be subject to termination. 209 18.04 MOTOR VEHICLE RECORD CHECK AND DRIVING ELIGIBILITY 18.04 A PURPOSE It is the City of Allen's policy that prospective employees applying for a job which entails operation of a City vehicle or the use of personal vehicles within the course of their normal job duties allow the City to perform a motor vehicle record check and also allow the City to obtain their current three-year driving record. The driving records of current employees that operate City vehicles or their personal vehicles in the course of their normal job duties will also be checked on an annual basis. These requests are made as permitted by Sec. 411.135 of the Texas Government Code. Records will be reviewed by the Human Resources Department to ensure that employees who operate City vehicles can be expected to operate those vehicles safely and responsibly, and uphold the City's image and its obligations to its citizenry. 18.04 B ADMINISTRATIVE PROCEDURES Upon review of the applicant's driving record, the Human Resources Department will assign a driver rating to the prospective employee. A satisfactory rating is necessary for employment in a position that entails operation of a City vehicle. An unsatisfactory driving rating will not necessarily preclude employment in other positions that do not require use of a City vehicle or personal vehicle. If it is determined that an applicant has falsified any information on the motor vehicle record check form or has altered their driving record in any way, their application will be voided in its entirety. Persons hired who do not possess an appropriate and valid Texas Driver's License must obtain one within 30 days after being hired. 18.04 C CURRENT EMPLOYEES Each year employees who currently operate City vehicles or use their personal vehicle within the course of their normal job duties will be subject to an annual driving record check. The Human Resources Department will annually obtain every employee's driving record from the Texas Department of Public Safety, or the appropriate out-of-state agency if the employee has lived in the state for fewer than three years. As with new hires, the employee's record will be reviewed and given a rating that will determine whether or not the employee will be allowed to operate City vehicles. Any employee involved in an accident while on City business may immediately be subject to a driving record check. The following provisions will apply: 1. An unsatisfactory rating under Section 18.04 D will prohibit an employee from operating a City vehicle or their personal vehicle in the course of their work, but will 210 not otherwise effect their employment with the City unless their primary job task is the operation of a vehicle. In that case numerous possibilities will be considered, up to and including termination. In the instance of an unsatisfactory rating, the Department Head will meet with the employee to discuss the implications of the rating. 2. Authorized personnel who have had their license suspended or revoked will automatically be suspended from driving City or personal vehicles in the course of their job duties. 3. Failure to inform the supervisor of a citation or license suspension (including Commercial Driver's License) may result in disciplinary actions up to and including termination. 18.04 D OPERATOR STANDARDS The driving records of applicants and current employees in positions requiring the operation of City vehicles or use of personal vehicles within the course and scope of their normal job duties will be reviewed in terms of the following in order to determine driving eligibility. They shall not be eligible if their total number of points accumulated over the three years covered by the record check equals ten (10) or more. License Suspension/revocation 10 Driving while intoxicated or under 10 the influence of narcotics Any serious violation such as 10 reckless driving, endangerment, racing, etc. Any speeding violation 3 Any chargeable bodily injury 3 accident Any chargeable property injury 3 accident Any standard movin violation 2 Points are only recorded in the case of a conviction, guilty plea or any adjudication other than guilty. If a defendant is found not guilty of a violation, no points will be recorded. 211 18.04 E REINSTATEMENT OF DRIVING ELIGIBILITY The following provisions will apply: 1. If an employee's driving record improves enough over time (i.e., offenses pass out of the three-year record), the employee will again be allowed to operate City vehicles or will again be able to use personal vehicles within the course of their normal job duties. 2. An employee can take a City approved defensive driving course once every three (3) years in order to nullify a single three-point offense. The employee must successfully graduate the course and provide evidence attesting to that fact to the Human Resources Department and the employee's Department Head. The employee must participate in the course on his/her own time and not during his/her scheduled work hours. 3. The Human Resources Director, at the request of the Department Head, may reinstate the employee's driving privileges if the Department Head so chooses after reviewing the employee's work history, overall driving record, and safety record, or make reinstatement conditional upon the outcome of any court case stemming from the employee's violation. This decision will be made on a case- by-case basis and driving privileges will not be reinstated simply because a request is made by the employee or Department Head. 4. The previously listed provisions are the only means for the employee to have his/her driving eligibility reinstated. 18.04 F EXCEPTIONS AND GRANDFATHER CLAUSE Employees hired before the implementation of this policy who would become immediately ineligible to operate City vehicles under it may be grandfathered if they did not become ineligible due to a serious (10 point) violation. If an employee did commit a serious violation, the following procedures will be followed: 1. The employee may immediately be removed from their position if its primary functions involve operation of City vehicles and be reassigned to a non -driving position, if feasible. Reassignments must be reviewed and approved by the City Manager. 2. Decisions on reassignment will be handled on a case-by-case basis and involve review of the employee's work history, overall driving record, and safety record. 3. A reassigned employee will receive payment based on the classification of their new position immediately after the reassignment. 212 4. If the employee cannot be reassigned, he/she will be separated from employment within thirty (30) days from when the employee was determined to be ineligible for his/her position. If the employee continues with the City in any position, driving checks on the employee will continue normally as described in this policy. Grandfathered employees will be considered as starting with a clean record immediately upon their grandfathering. 18.04 G VEHICLE USAGE Employee vehicle usage is governed by the City's Vehicle Use Policy (Administrative Directive #27). Revocation and return of driving eligibility due to violation of a section of the Vehicle Use Policy will be handled at the appropriate Department Head's discretion on a case-by-case basis. 213 CHAPTER NINTEEN DEPARTMENTAL WORK RULES 19.01 DEPARTMENTAL WORK RULES 19.01 A AUTHORITY TO PROMULGATE RULES Departments shall have the authority to develop and administer departmental work rules. 19.01 B CONFLICT No departmental work Wile shall conflict with policies or procedures established by the City Council. 19.01 C CONFLICT RESOLUTION Where a question of conflict arises, the City Manager will make the final interpretation. The decision of the City Manager is not subject to appeal. 214- CHAPTER TWENTY WORKPLACE VIOLENCE 20.01 PURPOSE The City of Allen is committed to ensuring a safe working environment for all employees. Both management and employees have a responsibility to assist in establishing and maintaining a violence -free work environment. Therefore, each employee will report all acts of violence or behavior, which could potentially lead to violence. 20.02 POLICY Threats, threatening conduct, or any other acts of aggression or violence in the workplace will not be tolerated. Any employee determined to have committed such acts will be subject to disciplinary action, up to and including termination. Non -employees engaged in violent acts on the employer's premises will be reported to the proper authorities and fully prosecuted. Possession of weapons (not assigned as a tool of a job assignment) on any City premises, including parking facilities and City sponsored events constitute a threat of violence. The threat of violence may include, but is not limited to, any indication of intent to harm a person or damage City property. Threats may be direct or indirect and they may be verbal or nonverbal. The City does not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats or engaging in violent activities. The following list of behaviors, while not inclusive, provides examples of conduct that is prohibited: • Causing physical injury to another person; • Making threatening remarks; • Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress; • Intentionally damaging City property or property of another employee; • Possession of a weapon while on City property or while on City business; • Committing acts motivated by, or related to, sexual harassment or domestic violence in the workplace. • Resentment or animosity toward a person based on race, color, religion, sex, age, national origin, sexual orientation or disability status. The City of Allen will maintain a zero tolerance policy for acts of violence and threats of violence. Such incidents will lead to disciplinary action up to and including termination. While we do not expect employees to be skilled at identifying potentially dangerous persons, employees are expected to exercise good judgment and to inform the Human Resources -215- Department if any employee exhibits behavior that could be a sign of potentially dangerous situations. Such behavior includes: • Discussing weapons or bringing them to the workplace; • Displaying overt signs of extreme stress, resentment, hostility, or anger; • Making threatening remarks; • Sudden or significant deterioration of performance; • Displaying irrational or inappropriate behavior. Any potentially dangerous situation must be reported immediately to a supervisor or the Human Resources Department. Employees are to call 911 and Human Resources for imminent dangerous situations. Reports can be made anonymously and all reported incidents will be investigated. Reports or incidents warranting confidentiality will be handled appropriately and information will be disclosed to others only on a need -to -know basis. The City will actively intervene at any indication of a possibly hostile or violent situation. Employees who make false reports may be subject to discipline up to and including termination. Employees who confront or encounter an armed or dangerous person should not attempt to challenge or disarm the individual. Employees should remain calm, make constant eye contact and talk to the individual. If a supervisor can be safely notified of the need for assistance without endangering the safety of the employee or others, such notice should be given. Otherwise, cooperate and follow the instructions given. 216-