Personnel Policies & Procedures
- Personnel Policies & Procedures Manual (.pdf)
- Tooele City Mission, Values, Vision, and Motto
- Employee Professional Image Standards/Dress Code/Grooming Code
- Safety Plan Policies Procedures Guidebook
A. PURPOSE OF MANUAL
1. The policies and procedures that comprise this Manual have been prepared to comply with posting and notice requirements pertaining to various employment laws, to provide information regarding employment with Tooele City Corporation, and to communicate many of Tooele City’s desired goals and expectations relating to our workforce.
2. Employment with Tooele City is subject to City ordinances, policies, practices, and procedures as well as state law, federal law, and constitutional limitations on the City as a governmental entity.
3. This Manual does not limit, affect, or alter any legal or constitutional rights the City or its employees may have. This Manual cannot and does not address all circumstances and situations in which Tooele City Corporation employees might find themselves, nor does it describe all policies, procedures, and practices that might affect the employment relationship.
Employees have no contractual rights, either express or implied, except as contained in the Tooele City Charter, this Manual, or by a written contract signed by the employee and the Mayor.
C. ORGANIZATION OF MANUAL
This Manual is divided into Sections covering main topics. Each Section is divided into various Parts. For example, this is Tooele City Personnel Policies and Procedures Manual, Section 0: Disclaimer, Part B. Pages are numbered first according to the Section number and then each page within that Section. For example, this is page 0-1 meaning page 1 of Section 0.
D. EMPLOYEES RESPONSIBILITY TO BE FAMILIAR WITH MANUAL
Employees are responsible for reading and being familiar with the contents of this Manual. Various methods are used to keep employees informed of changes to this Manual including, but not limited to: posting the policies on the City website, e-mailing notices of changes, and/or disseminating revised copies. Employees are encouraged to reference the Tooele City website at www.tooelecity.org for the most current version.
Employment with Tooele City carries a commitment to serving the public interest with ethical awareness and ethical actions. City employees have a duty to place the interests of Tooele City above personal interests. This level of ethical action is vital to develop public confidence in Tooele City employees and in Tooele City government. The trust can be sustained only if employees at all levels in our organization model the highest standard of ethical awareness and actions.
B. LAWS, POLICIES & PROCEDURES, AND ETHICAL STANDARDS GUIDES
Our commitment to ethics is reinforced by laws, policies, and procedures that provide specific ethical standards, establish internal checks and balances, and assists our workforce in ethical conduct and decision making. They include, but are not limited to:
|When facing an ethical dilemma, the best course of action may not always be clear. Questions to ask include, but are not limited to:|
|If an employee is still not sure, ask for guidance!|
City employees must avoid conflicts of interest. Tooele City recognizes that many potential conflicts of interest do not constitute actual conflicts or may be acceptable with proper disclosure, evaluation, oversight, and safeguards.
Utah State Code 10-3-1301 Utah Municipal Officer’s and Employees’ Ethics Act requires employees to make certain disclosures annually. The relationships described below are prohibited conflict-of-interest relationships unless the required disclosures are made. If the required disclosures are made, the relationships are allowed.
1. Compensation or Benefit Receipt: All City Employees. All City employees must disclose receiving any compensation or benefit, or agreeing to receive any compensation or benefit, for assisting a person or a business in a transaction involving the City (e.g., a contract or a purchase). City employees must file a
Tooele City requires all employees to re-submit a completed Disclosure Form for any of the above required disclosures in January of every year. The Disclosure Form is submitted to the Tooele City Purchasing Agent who will deliver them to the Mayor.
D. REPORTING CONCERNS OF VIOLATIONS OF THIS SECTION
To provide employees with reporting avenues that are free from bias, collusion, intimidation, or reprisal employees may use any of the following avenues to report concerns of violation of this Section:
3. Employees may also report concerns of violations of this Section relating to waste and abuse to the State of Utah hotline 1-800-955-2210 or emailed to firstname.lastname@example.org
Violations of the Act, City rules and regulations, or Tooele City Personnel Policies and Procedures may result in discipline, up to and including dismissal from employment.
Additionally, the Utah State Code 10-3-1301 Utah Municipal Officer’s and Employees’ Ethics Act provides for criminal prosecution of an employee who knowingly and intentionally disclose records, receives compensation, accept gifts, or uses their official position in violation of the Act.
A. EQUAL EMPLOYMENT OPPORTUNITY
Tooele City’s goal is to foster a workplace culture that values diversity and provides equal opportunities in all aspects of employment. To help achieve this, all employees are expected to comply with:
B. Workplace Accommodations
C. FEDERAL CONTRACTS
In employing persons to carry out a federal contract, Tooele City, when contracting with the United States, will take affirmative action to employ and advance in employment qualified disabled individuals and qualified disabled veterans and veterans of the Vietnam era.
2. An employee who believes that the nature of the complaint is harassment or retaliation may instead choose to file a complaint pursuant to Tooele City’s Anti-Harassment policy (i.e. Sexual and Other Forms of Harassment) herein this Manual.
A. GENERAL POLICY
B. ONLINE APPLICATION SYSTEM & SELECTION PROCESS
In general, applicants apply online. Hiring supervisors shall follow all employment laws and regulations pertaining to the selection process. Numeric rating or a ranking, general job criteria, or other job-related criteria should be used in the selection process. In addition, examinations or other tests may be administered when such tests are valid and reliable predictors of an individual’s ability to perform the job.
In accordance with Title 71, Chapter 10 of the Utah Code Annotated, 1953, as amended, Tooele City grants veterans’ preference upon initial hiring with Tooele City to a preference eligible veteran or preference eligible spouse that meets the minimum qualification for the position as follows:
1. When a scored examination or other numeric rating mechanism is used and the applicant receives a passing score, Tooele City will give preference in hiring by adding to the applicant’s score as follows:
2. If a non-numeric ranking mechanism is used, Tooele City will give veteran’s preference in interviewing and hiring, generally by extending a first interview
Once the selection process has been completed, applicants may be held on a roster for future consideration. This roster may, at the hiring manager’s discretion, be reused for a one-year period following the date the first offer for employment was made.
E. OFFERS FOR EMPLOYMENT
All offers for employment are made in writing generally by the human resource office.
F. BACKGROUND SCREENING & INVESTIGATIONS
In most circumstances the results of pre- and post- offer screenings and investigations are not made available to the applicant or employee. Information obtained from the background screening or investigation is deemed confidential and shared only with individuals involved in employment decisions.
The Tooele City Police Department maintains guidelines relating to background screening and
investigations of applicants and employees for positions as police officers, police department
personnel, or personnel in positions deemed to provide support to police personnel and requiring
the confidence and trust of Tooele City in fulfilling their duties in support of public safety.
d. Web Based Information. Reviewing information available via the internet, social networking sites, trade association sites, or other web based sites to determine whether information publicly available to the general public via electronic means may be perceived as being derogatory to a protected class, sexually objective, offensive, violent, threatening, criminal, illegal, harassing, discriminatory, or as having other publicly available information may have the potential to compromise the applicant’s credibility, present an unprofessional image for the City, compromise the public’s confidence in the individual as a City employee, or be contrary to position for which the applicant is being considered. These types of inquiries may be made for jobs with the following types of responsibilities:
e. Criminal History Records. Reviewing the applicant’s criminal history records obtained from various sources, including but not limited to, the Utah Bureau of Criminal Identification, other State Criminal Records, prosecution and court records, for all City jobs.
G. CRIMINAL HISTORY RECORD GUIDELINES
The proper classification of City employees, independent contractor, and volunteers is important in administering City personnel policies & procedures including, but not limited to, benefit and compensation plans, eligibility for grievance and appeal rights, and employment law compliance. This Section provides guidelines for such classification.
B. EMPLOYEE EMPLOYMENT STATUS
C. EMPLOYMENT STATUS
1. Full-time – At the time of assignment to position, schedule is contemplated to be at least 30 hours per week.
b. Less than 20 hours per week.
3. Variable Hour – Schedule will vary but may not exceed a total of 1,508 hours between April 1 and March 31. The total will include actual hours worked, over-time, and compensatory-time hours used/cashed out, and is a combined total for Tooele City not per department or job.
D. INDEPENDENT CONTRACTORS
2. In general, this Manual does not apply to independent contractors.
3. Independent contractors should have general liability insurance appropriate for their business, a business license appropriate for the services rendered, and worker’s compensation coverage or a worker’s compensation Statutory Exclusion (waiver) policy, whichever is applicable. The Fair Labor Standards Act (FLSA) and the Internal Revenue Service (IRS) specify that independent contractors should in general also:
b. Have an opportunity for profit/loss;
c. Cover their own overhead and related operational expenses; and,
d. Have a written agreement for results rather than specifying how the work is to be done and while doing so the independent contractor should be independent of Tooele City in all that pertains to the execution of the work.
2. In general, this Manual does not apply to volunteers.
3. Volunteers perform service for civic, charitable, or humanitarian reasons and without promise, expectation, or receipt of compensation for services rendered. Members of advisory, review, and appeal boards, or similar bodies, volunteers in police services, and firefighters are examples of volunteers.
Although Tooele City seeks to use progressive principles to address workplace concerns, the City reserves the right to initiate corrective action or discipline at any stage as deemed by management to be appropriate. Temporary, seasonal, on-call, appointed, or employees completing their orientation period have no expectation of continued employment and may be terminated at any time with cause or without cause and with or without following progressive discipline.
B. CORRECTIVE ACTION
Tooele City believes it is important to bring matters or concerns needing correction to the attention of employees so that employees may realize success.
C. DISCIPLINE/DISCIPLINARY ACTION
Sometimes corrective action measures are not successful or are deemed by management to be inappropriate for the circumstances. In such cases, disciplinary action may be warranted.
D. EXAMPLES OF OFFENSES AND APPROPRIATE DISCIPLINARY ACTION
The following examples serve as a guideline. They are not intended to cover every possible type of offense and do not preclude the issuance of disciplinary action for specific action or inaction that is detrimental to the efficient operation of the City.
E. DISMISSAL OF APPOINTED DEPARTMENT HEADS/ASSISTANT TO THE MAYOR
The Tooele City Charter specifies the procedures for dismissal of appointed department heads and the assistant to the Mayor.
F. DISMISSAL OF EMPLOYEES WHO HAVE NOT COMPLETED THEIR ORIENTATION PERIOD
Employees who have not successfully completed their orientation period may be dismissed from employment at any time with or without cause. The dismissing supervisor or department head should document the circumstances of the dismissal and provide that documentation to the Director of Human Resources. Employees who have not completed their orientation period may not appeal a dismissal through the Tooele City Grievance Procedure, herein this Manual.
G. LAYOFFS/REDUCTION IN FORCE
An employee who resigns from employment is encouraged to provide their supervisor with written notice at least fourteen (14) calendar days prior to their last day of work. It is also appropriate to notify the Director of Human Resources.
I. CREDITED SERVICE TIME AND BENEFIT REINSTATEMENT IF REHIRED
An employee who is rehired within twelve (12) months of their separation date receive credit for prior service (not including the break in service). An employee who is rehired after twelve (12) months of their separation date is not entitled to any reinstatement of prior service or benefits except for any legally required benefits. Respective sections in this Manual address reinstatement of benefits, specifically, see Section 26 for reinstatement of forfeited sick leave.
J. SEPARATION NOTICE AND EXIT INTERVIEW
An employee’s department head or supervisor should complete a Separation Notice form, and when possible, an exit interview, and return it to the human resource department.
K. FINAL PAYCHECK
When an employee resigns voluntarily, the final paycheck is issued with the regular pay period. When an employee is separated involuntarily, the final paycheck is issued within 24 working hours of notification of separation.
Tooele City desires to avoid the appearance of favoritism that may result from employment relationships with relatives and to minimize the potential for disruption or limitations in the workplace that may result from employment relationships with relatives. It is the policy of Tooele City that no City employee may do any of the following:
6. Supervise a relative, unless one of the following exceptions apply:
B. TWO EMPLOYEES MARRY – ONE IS THE SUPERVISOR
When two existing employees within a supervisory chain of command marry, Tooele City will consider moving one of the employees to a position outside the supervisory chain of command by either lateral transfer or demotion. When such efforts are not practical for Tooele City, are not in the best interest of the organization as determined by the Mayor in consultation with the department head, or are not accepted by the employee subject to the transfer or demotion, the City will then notify both employees that one of the employees must separate from City employment within 60 days. In the event neither employee chooses to separate from City employment, the employee with the least seniority will be separated from City employment. For purposes of this Section, seniority will be calculated first by the credited service time as a benefit eligible employee and then take into consideration credited seasonal, then credited temporary time.
C. REQUIREMENT TO DISCLOSE
Both applicants for positions and any individual involved in any capacity with a selection process involving a relative are required to make a complete written disclosure of such relation at time of application or prior to becoming involved in any selection process. Failure to make the disclosure is a violation of this nepotism policy and may result in disciplinary action, up to and including dismissal from employment, as well as the applicant for employment no longer being considered for employment.
D. EMPLOYMENT OF RELATIVES WHEN NO SUPERVISIORY RELATION EXISTS
Tooele City reserves the right to refuse to hire, promote, transfer, or otherwise reassign a person to a position, shift, or other condition of employment in the same department, division, or work area, wherein his/her relationship to a relative has the potential to adversely impact the workplace.
E. CITY’S RIGHT TO TRANSFER
Notwithstanding any of the above, Tooele City reserves the ultimate right to involuntarily transfer an employee on a lateral basis, to a position of similar duties at such time as the relationship between two or more relatives has the potential for creating adverse impact on the workplace (such as, but not limited to, supervision, safety, security, or morale), or involves a potential conflict of interest, and such a position becomes available.
2. Supervise, Supervision, and Supervisor - an employment relationship in which an employee’s relative is in the employee’s “chain of command” or in the direct line of managerial oversight; or, the elected Mayor or member of the City Council is a relative of an employee or applicant for employment.
3. Chain of Command - the vertical employment relationship in which an employee is accountable to a direct supervisor, and that supervisor is accountable to another supervisor, and so on. Any person in this line is in the chain of command.
B. WORK SCHEDULES
C. ATTENDANCE & PUNCTUALITY
Reliable and predictable attendance is expected of all employees. Attendance encompasses not only being at work, but also being punctual and being ready to work. Although this is not an exclusive list, employees have the following responsibilities:
Be at the work station ready for work by the scheduled start time. Begin working at the scheduled start time. In order to be “ready” employees should arrive to work with sufficient time to attend to personal needs such as hanging up coats, storing food items, visiting restrooms, obtaining a morning drink, etc. prior to the beginning of their scheduled start time. Although the City does not “dock” employees for the first 7 minutes of the shift, employees should not assume this permits them to be late. For the purpose of determining tardiness, an employee is late if he/she reports for work any time after the designated start time.
3. Give Proper Notice of the Need to be Absent or Tardy.
When the need to be absent is known, submit an absentee request in a timely manner pursuant to the department’s policy for requesting to be absent. In absence of department policies, Form #8 Absentee Request should be submitted.
D. CORRECTIVE ACTION & DISCIPLINE
Attendance violations are grounds for corrective and/or disciplinary action pursuant to Section 5: Corrective Action, Discipline, & Separation, herein this Manual.
E. JOB ABANDONMENT
In the event an employee is absent for three or more consecutive work days, without prior notice or approval, such absence is viewed as job abandonment. The employee is then considered to have abandoned their job and the City may process separation paperwork as a voluntary resignation.
F. COORDINATION OF LEAVE
Tooele City reserves the right to coordinate absences with any other applicable leave policies, legal rights, or benefits.
Tooele City reserves the right to require an employee to submit verification for reasons such as chronic absenteeism, a reasonable belief that the employee has misrepresented his/her need for leave, and except for approved FMLA-protected leave, for medical reasons exceeding three days.
A. REST PERIODS/BREAKS
A 15-minute rest period is provided to each employee for every 4 hours of work, up to two per day. Rest periods are generally scheduled by the immediate supervisor or work lead. Rest periods may not be taken in conjunction with a lunch break or at the beginning or end of a work shift. Rest periods may not be allowed to accumulate; neither can they be carried over to another 4-hour period if not used.
B. MEAL PERIODS
1. Meal periods are scheduled by the immediate supervisor or work lead, with concurrence from the department head, to meet the needs of the City. Employees may not perform any work during their meal periods (example, may not answer phones while eating at their desk). Supervisors should ensure that employees are relieved of duty during their meal period. If not, the meal period is considered hours worked and must be recorded on their time card.
2. Special Provision for Employees Age 17 or younger. Utah State law requires that employees age 17 or younger be provided with a 30-minute meal period not later than five hours after beginning of his/her shift. Supervisors must ensure that these employees take the required meal period and are relieved of duty during their meal period.
SECTION 9: COMPENSATION (.pdf)
C. COMPENSATION OBJECTIVE & JOB CLASSIFICATION
2. A salary schedule is approved with the annual budget. The salary schedule specifies the minimum and maximum salary, broken into steps, for each salary grade. In most circumstances, jobs are assigned a salary grade according to the following guidelines:
d. Grades 50-60. Jobs within these grades represent the salary schedule for sworn law enforcement officers.
D. STEP ASSIGNMENT UPON HIRE
Newly hired regular employees are assigned to step zero of the salary grade for their job, except that the Mayor may approve assignment to a higher step if a suitable and qualified employee cannot be recruited at step zero, the qualifications of the person selected for the job exceed the minimum requirements and the person can be expected to perform at a level equal to that of other employees being paid at the same higher step, or the position is an FLSA exempt position and placement at step zero does not meet the legally required
minimum wage for exemption classification.
E. STEP INCREASES
When approved in the City’s budget, regular employees may be eligible to receive a step increase in pay up to the maximum step for their job’s salary grade. The following are the most common forms of step increases:
2. Merit Increase. Employees who have been employed in a particular step for one year and have received a minimum score of 3.0 on their most recent performance evaluation may receive a one step increase in pay and their salary review date is reset to one year after the effective date of the merit increase unless future changes reset such date. Department heads may delay any merit increase if an
F. TENURED SERVICE PERFORMANCE BONUS (TSP Bonus)
When approved in the City’s budget, a Tenured Service Performance Bonus (TSP Bonus) may be considered for regular employees who have reached the maximum step of their job’s salary grade, are not red-circled, and have received a minimum of 3.0 on their most recent performance evaluation. A TSP bonus is $500.
G. APPOINTED EMPLOYEES’ COMPENSATION
Compensation for appointed employees is generally consistent with the pay plans for regular status employees. However, the Mayor with approval of the City Council, reserves the right to deviate from established standards or to make adjustments at any time.
H. ELECTED OFFICIALS’ COMPENSATION & ALLOWANCES
I. COST OF LIVING
Cost of living increases (COLA) are considered in the annual budget proposal to the City Council. All regular employees whose salaries are not red-circled are eligible for an approved cost of living increase. Generally, the salary schedule is adjusted to reflect cost of living adjustments. Cost of living adjustments do not affect an employee’s salary review date.
Promoted employees receive a minimum of a 5% pay raise and are placed at a minimum of step one (1) or the step next closest to the calculated adjustment (except for promotions into police officer positions where the promoted employee may be placed at step 0 of the position). The salary review date is reset to one year after the effective date of the promotion (exception applies for police FTO completion) unless future changes reset such date. The Mayor may approve assignment to a higher step if the qualifications of the employee selected for the job exceed the minimum requirements, and the employee can be expected to perform at a level equal to that of other employees being paid at the same or higher step. They Mayor may also approve assignment to a higher step if the position is an FLSA exempt position and the calculated promotion pay does not meet the legally required minimum wage for FLSA exemption.
K. TEMPORARY PROMOTION
With approval of the Mayor, an employee who is temporarily promoted for one consecutive month (160 consecutive hours) or longer may receive an adjustment in pay to reflect the temporary promotion. Such adjustment is reversed to the employee’s prepromotion salary when the temporary promotion ends. Temporary promotions do not affect the employee’s regularly scheduled review date. The conclusion of a temporary
promotion is not considered a demotion.
b. The employee’s pay may not exceed the combined average step, rounded up, of all current full-time regular employees in the same salary grade of the new job; and
N. LATERAL TRANSFER
No change in pay is granted for lateral transfers. An employee maintains his/her salary
O. HOLIDAY PAY
a. Eligible employees who are required to work on a recognized holiday are paid at a premium rate of 1½ times the employee’s hourly rate of pay for the hours worked or are accrued as earned comp-time off in lieu of monetary compensation pursuant to comp-time policy.
b. Hours worked on a holiday are not included in calculation of hours worked for overtime purposes because they are already paid at an over-time rate.
b. If an employee’s number of hours regularly scheduled to work per day is 8 hours and the employee works 2 hours on a recognized holiday, he/she will accrue comp-time or be paid at a premium rate of 1½ times the employee’s regular rate of pay for 2 hours. He/she will record eight (8) holiday hours off and 2 holiday hours worked. The eight (8) holiday hours off are
P. OVERTIME PAY
a. At the City’s discretion, regardless of hours worked, both FLSA exempt and non-exempt employees may be paid overtime pay at 1½ times the employee’s regular rate of pay for actual hours worked on special assignments when wages are reimbursed to Tooele City.
3. When deemed necessary to meet unique work requirements, the Mayor may authorize comp-time, regardless of the number of hours worked.
4. Acceptance of comp-time off in lieu of overtime is a condition of employment due to the fact that departments may not be allocated overtime budgets or the budget allocated may not be sufficient to meet business needs.
5. Employees may accumulate up to 200 hours of comp-time. All additional hours are paid as monetary overtime pay.
b. Work Needs Limit Ability to Use. The Mayor may authorize an amount to carry-over up to the last day of the pay period following September 30 when work needs limit the ability to use comp-time; or
c. Department heads may establish earlier required use dates.
10. Upon separation from employment, remaining comp-time is paid to the employee. Comp-time hours are not forfeited by the employee.
R. CALL-OUT PREMIUM PAY
1. Full-time regular status, FLSA non-exempt employees are eligible to receive callout premium pay when called-out.
4) Perform certain defined weekend/evening tasks as part of the on-call rotation for the division.
1) Requirement to modify a work schedule or work a different work schedule and at least 24-hours advance notice has been given;
6) An employee responding to inquiries via telephone or other electronic communications or remote access when doing so does not requiring the employee to physically return to the work place.
5. If an employee is absent from work and using paid leave (i.e. comp-time, annual leave, or sick leave) and is called out to work, the approved absence and paid leave is cancelled. There is no duplication of paid leave and hours worked.
T. DAYLIGHT SAVINGS TIME CHANGES
One hour worked is granted when an employee works through the time change from daylight savings to standard time (fall). One hour of Administrative Pay is granted when a work shift would otherwise be adversely affected by the time change from standard to daylight savings time (spring).
U. PHONE ALLOWANCE & AFTER HOUR WORK ON SMART-PHONES, I-PADS, LAPTOP COMPUTERS, AND OTHER TECHNOLOGY FOR FLSA NON-EXEMPT EMPLOYEES
a. Accrued sick or annual leave benefits are reduced in full day increments for full day absences. Partial day salary reductions are not permitted, except:
An employee may not receive a pay advancement.
X. SEVERANCE PAY
1. General Workforce. The normal work period for employees is 40 hours in a 7- calendar-day period. The standard work period begins at 12:01 a.m. Sunday and ends at midnight the following Saturday.
Employees are paid every two weeks, on or before the Friday following the end of the pay period.
AA. APPROVING PAY CHANGES
Any change in pay is made by the use of a Personnel Action Report. Any action will be considered invalid until the Personnel Action Report is completed and all signatures are obtained indicating approval of the change. Global pay adjustments, such as COLA adjustments, do not require the use of a Personnel Action Report.
BB. TIME REPORT (TIME CARD) & RECORDING HOURS
CC. DIRECT DEPOSIT Receiving payroll via direct deposit is a condition of employment. Employees need to complete a direct deposit authorization form prior to the City processing their first paycheck. Exceptions include payment for the first pay period, when a change or prenotice is necessary for an employee, when it is determined that issuing a check is in the best interest of the City, issuing a check is a one-time only payment to an individual.
DD. EMPLOYEE VERIFICATION OF PAYCHECK ACCURACY
Employees are responsible for reviewing their pay checks for accuracy. Any discrepancies or concerns should be reported to payroll by the pay period following that in which the change was to have been effective. Tooele City reserves the right to decide what, if any retroactive adjustments will be made, and as a general rule the City does not make retroactive adjustments outside of the current fiscal year.
Performance criteria are established for each full-time and part-time regular job. Seasonal employees may be given a performance review at the discretion of the department head/supervisor. Performance criteria may change as positions change and the official criteria may be obtained from the human resource office or by accessing the electronic performance evaluation system and clicking on “jobs.” Employees are evaluated at the
following time periods:
B. EMPLOYEE SUPPLEMENTAL STATEMENT
Employees may attach their own supplemental statement to the review.
Supervisors meet with the employee to discuss the review and to obtain the employee’s signature on the review. Employees sign the review to acknowledge receipt but not necessarily agreement. The completed Performance Review Form and any attachments, including any employee generated supplemental statement, are forwarded to the human resource department for inclusion in the employee’s personnel file.
A. APPLICABILITY & DISCLAIMER
As used in this Section, the following have the stated meanings:
Tooele City’s computer systems, in general, may not be used for personal use. Tooele City does recognize that incidental/occasional personal use may occur while working and such incidental/occasional use is allowed, provided it is not for one of the following:
City websites, including tooelecity.org and specific department websites, may be used to enhance communications subject to the following rules and guidelines:
1. All Tooele City websites are to be approved by the Mayor.
c. Commercial business advertisements that are not of global public interest or are not for City-sponsored projects such as downtown revitalization or sponsors for community activities.
City social media, including the City’s Facebook page and specific department social media efforts, may be used to enhance communications with citizens and program participants subject to the following rules and guidelines:
Law enforcement personnel and legal staff may engage in use that is listed as prohibited when such use is necessary to perform their law enforcement and legal duties and he/she has received advance approval from his/her supervisor. It is recommended that supervisors provide the IT Department with notice of authorized use.
L. EMPLOYEE PERSONAL USE OF SOCIAL MEDIA
Employees’ personal use of social media may create workplace implications. Therefore, the following guidelines and reminders are provided to employees:
Employees should report violations of this policy to their immediate supervisor, or, if the violation is allegedly being committed by the supervisor, the employee may choose to report the violation to the department head, the human resource director, or the Mayor. To the extent possible, reports will be handled with confidentiality.
Violations of this Section may be considered sufficient cause for disciplinary action in compliance with Tooele City’s disciplinary policies, up to and including termination. Employees may be held responsible for any damages caused by unauthorized software or viruses they introduce into the computer system. In addition, violations of this Section or misuse of the e-mail, Internet system, or social media may be referred for criminal
prosecution if warranted.
Normal day-to-day discussions between an employee and a supervisor regarding working conditions and employment-related matters are the most constructive and expeditious means of developing and enhancing favorable and effective work relationships. Tooele City encourages employees and supervisors to attempt resolution of a situation by using informal problem-solving techniques before filing a grievance pursuant to this Section.
This Section outlines the policy and procedures to be used if an employee declines to use informal means to resolve certain eligible grievances, or has done so but the concern was not resolved to the employee’s satisfaction.
- Disciplinary action is initiated by the employee’s immediate supervisor; the immediate supervisor is the Stage 1 supervisor.
- Disciplinary action is initiated by the employees’ department head (not the supervisor); the department head is the Stage 1 supervisor.
- A department head is believed to have violated a policy set forth in the Manual that adversely affected the grieving employee; the department head is the Stage 1 supervisor.
Failure to Issue Timely Decision: If the Stage 1 supervisor fails to issue a decision within the applicable time limits and the employee has not been notified of a need for extension, the employee may, at his or her option, proceed directly to Stage 2 within 15 working days of the expiration of the
Failure to Issue Timely Decision. If the Stage 2 supervisor fails to issue a decision within the applicable time limits, the employee may, at his or her option, proceed directly to Stage 3 within 15 working days of the expiration of the time limit.
|Police Sergeant has authority over the matter at issue||Police Lieutenant made the decision and Sergeant does not have authority over the matter at issue||Police Sergeant has authority over the matter at issue. No Captain exists at the time.||Supervisor has authority over the matter at issue||Department Head made the decision and Supervisor does not have authority over the matter at issue||Mayor made the decision and Department Head does not have authority over the matter at issue|
|Stage 2||Police Lieutenant||Police Captain||Police Lieutenant||Department Head||Mayor|
|Stage 3b||Chief of
|Some matters at issue may be appealed to the Appeal Board as described herein this Section.|
d. Alternative Procedure for Discrimination Complaints. Employees may file a discrimination complaint through this Grievance procedure; or, if it is alleged that the discrimination is being conducted by an individual to whom the complaint would be filed, the employee may choose to file a complaint directly with the Director of Human Resources, City Attorney, or the Mayor by submitting Tooele City’s Statement of Grievance Form or by other written or verbal notification. In such cases, the complaint will be reviewed to determine if further investigation is either warranted or needed. Tooele City’s desire is to review such complaints expeditiously but the time periods
e. Alternative Procedure for Harassment or Retaliation Complaints.
4. Appealing employees have the right to appear before the Appeal Board in person, to be represented by legal counsel, to present their own witnesses and evidence, to have a public hearing, to confront the witnesses whose testimony is to be considered, and to examine the evidence to be considered by the Appeal Board. Appealing employees do not have the right to require the City to compel the attendance of witnesses not under the City’s direct control.
5. The defending City representative has the right to appear before the Appeal Board in person, to be represented by counsel, to present their own witnesses and evidence, to confront the witnesses whose testimony is to be considered, and to examine the evidence to be considered by the Appeal Board.
The result of the Appeal Board’s secret ballot vote may be appealed by either the City or the appealing employee to the Utah Court of Appeals by filing with that Court a Notice of Appeal pursuant to U.C.A. §10-3-1106 (1953), as amended. In the event an appeal is filed with the Court of Appeals, the decision of the Appeal Board, including payment of back wages, will be automatically stayed from the date of the Appeal Board’s vote until a ruling has been rendered by the Court of Appeals.
Each party pays its own costs and legal fees associated with any grievance or appeal.
F. NOTIFICATION WHEN EMPLOYEE IS NOT AVAILABE FOR HAND DELIVERY
For purposes of this Section, if an individual is not available for hand delivery of a notice or other communications, Tooele City may deem that respective communications were received on the date that the notice was sent to the e-mail address or three days after the notice was mailed by US Postal Service. Notice to any agent acting on behalf of or representing the employee, as listed on the submitted Tooele City Statement of Grievance Form or through other legal notice, will be deemed to be notice to the employee.
2. Employee must give priority to their employment with Tooele City.
3. The Police Department Policies & Procedures Manual may provide additional information regarding outside employment of sworn law enforcement officers.
For purposes of Section, “outside employment & employed/employment” means the receipt of wages, compensation or other consideration of value from another employer, organization, or individual other than Tooele City for services, product(s) or benefits rendered. It also includes those employees who are self-employed, and/or have a substantial interest or ownership in a business. This does not include volunteer services.
C. DISCLOSURE REQUIREMENTS
The Utah Municipal Officers’ and Employees’ Ethics Act, as amended, requires public officials and employees of the municipality to make certain disclosures both prior to and annually thereafter certain actions. Outside employment, in some circumstances, falls under this requirement. (See Section 0: Ethics & Conflicts of Interest herein this Manual)
To comply with State Code and ensure compliance with Tooele City’s Outside Employment policy, employees considering or engaged in outside employment shall complete and submit to their department head the Outside Employment Disclosure Form which provides certification that the outside employment complies with State Code and this policy.
Employees shall submit a new Disclosure if the circumstances relevant to the original disclosure change.
D. DENIAL OR REVOKATION OF PRIOR APPROVAL
In the event Tooele City determines that outside employment does not comply with State Code or this policy, a statement of the reason and/or notice of policy violation shall be given to the employee.
Tooele City reserves the right to revoke any previous approval at any time. Notice of revocation shall be provided to the employee in writing with an explanation.
E. WORKING OUTSIDE EMPLOYMENT WHILE ABSENT FROM TOOELE CITY
Employees should reference appropriate policies regarding paid leave benefits to determine any limitation on use of paid leave benefits while working outside employment.
A. VOLUNTARY PARTICIPATION IN POLITICAL ACTIVITY
City employees may voluntarily participate in political activity subject to the following:
Nothing contained herein may be construed to preclude voluntary contributions by an employee to the party or candidate of the employee=s choice, or permit partisan political activity by any employee who is prevented or restricted from engaging in the political activity by the provisions of the federal Hatch Act.
For purposes of this Section, Tooele City defines harassment as follows:
- Sexual comments or innuendos; adult-oriented language, turning work discussions to sexual topics; sexual or “dirty” jokes or stories; innuendos of a sexual nature including rumors of a sexual nature or gossip about sexual matters; asking about sexual fantasies, preferences, or history;
- Whistling at someone or making “cat calls,” kissing sounds, howling, and smacking lips; massaging others in the workplace or other physical contact that may be viewed as intimate;
- Unwelcome sexual advances; looking a person up and down (elevator eyes), staring at someone; blocking a person’s path, or refusing to let a person leave a room;
- Engaging in sexual harassment outside of work with a co-worker;
- Obscene, sexual, or pornographic photos, images, telephone calls, e-mails, electronic communications, letters, notes, or other objects; pornography or sex objects/toys;
- Demanding/requesting sexual favors or actions in exchange for favorable employment conditions or treatment or for continued employment;
- Posting sexual material about other employees on social networking or other electronic mediums; or,
- Illegal activity such as sexual assault, rape, lewdness, or groping; unwelcome physical contact such as touching, patting, pinching, or brushing against another’s body.
Conduct that disparages an individual based on their protected characteristic of race, ethnicity, color, religion, gender, marital status, pregnancy, national origin, age, disability, veteran status, gender identity, sexual orientation, or any other legally protected characteristic constitutes harassment when it is: (1) unwelcome; (2) creates an intimidating, hostile, or offensive work environment; and (3) is sufficiently severe or pervasive as to alter the terms and conditions of employment in the mind of the victim and from the perspective of a reasonable person in the victim’s position.
Some examples of inappropriate conduct include, but are not limited to:
- Derogatory or offensive comments, gestures, innuendos, jokes, or actions based on a protected characteristic, such as: racial slurs, jokes, stereotypes, mimicking the way someone speaks or moves;
- Mocking, mimicking, or otherwise making offensive or derogatory sounds or put–downs based on a protected characteristic;
- Targeting an individual because he/she chooses to practice a specific religion, mocking another’s religious beliefs;
- Telephone calls, e-mails, electronic communications, letters, notes, photos, or other objects that are offensive and based on a protected characteristic;
- Continuing to express religious or moral beliefs and commitments in the workplace (including preach, proselytize, or direct other forms of religious solicitation and expression) in an unreasonable, disruptive, or harassing way such as continuing solicitation and expressions to another employee after being asked to not do so or when the expression is in direct conflict with the essential business-related interests of the employer such as derogatory comments about a particular religious segment of the community the employee serves; or
- Accessing websites that are offensive, discriminatory, and based on a protected characteristic.
Violence can include more than inflicting physical harm to others or self. Violent behavior also consists of threats of harm to others and acts of aggression. Such behavior constitutes prohibited harassment if it is: (1) unwelcome; (2) creates an intimidating, hostile, or offensive work environment; and (3) is sufficiently severe or pervasive as to alter the terms and conditions of employment in the mind of the victim and from the perspective of a reasonable person in the victim’s position.
Examples of inappropriate conduct include, but are not limited to:
- Threatening statements, telephone calls, letters, or other communications including threats made by electronic devices or mediums including social media;
- Vandalism of personal or City property;
- Assaults on employees or their families or pets;
- Direct or implied threats of physical harm to an employee or someone the employee cares about;
- Pushing, fighting, shoving, or touching in an angry, aggressive, or threatening manner;
- Violence or retaliation toward an employee;
- Following or stalking an employee;
- In an intimidating manner, carrying, showing, or displaying dangerous weapons, except for police officers using such devices in performance of their duties or in necessary self-defense.
For purposes of this Section, the following generally does not constitute harassment for purposes of this Section:
- Although unprofessional for the workplace and may be addressed as a performance or other workplace conduct matter:
- The occasional use of swear words or language that is characterized as merely rude, unprofessional, or unpleasant;
- General workplace disagreements, boorish conduct, juvenile conduct, personality differences, or verbal “butting of heads”; or,
- The incidental rising of voices during workplace discussions or disagreements.
- Bona fide changes in the workplace even though the employee objects;
- Expressing religious or moral beliefs and commitments in a reasonable, non-disruptive, and non-harassing way, unless the expression is in direct conflict with the City’s essential business-related interests
- Bona fide requests or demands by a supervisor that the employee improve performance, change methods of performing work, comply with City or department policies, procedures, rules, or regulations,
- Acts or omission based on occupational qualifications under the law, e.g., a peace officer making a lawful arrest or brandishing a weapon in official police capacity.
In general, retaliation is conduct that dissuades an employee from exercising his/her legally protected rights. Retaliation may consist of, but is not limited to, actions such as taking adverse action against an employee because he/she has: (1) opposed employment discrimination or harassment (2) participated in investigative proceedings such as conducting, testifying, assisting, or participating in any manner; or (3) engaged in legally
protected “whistle blowing” activities such as communicating, in good faith, allegations of waste, misuse of public funds, property, or labor (see Utah Code 67-21-1 known as the “Utah Protection of Public Employees Act”), or reporting violations of health, safety, or environmental standards; or (4) otherwise asserted rights under laws or policy. Conduct may be retaliation regardless of whether it occurred on- or off-duty, in or outside of the workplace, or whether a victim is employed or separated from the City.
In the context of retaliation, examples of adverse actions include, but are not limited to:
- Open hostility, threats, name calling, or intentional actions that the reasonable person would find to embarrass;
- Tokenism or patronizing conduct;
- Unwarranted negative remarks, reprimands, or evaluations;
- Giving unwarranted negative job references;
- Increased supervisory attention such as: increased review of work product, intentionally searching computer e-mail or other records for no legitimate business reason or inconsistent reasons, asking others to pay more attention to an employee and to report any violations, reviewing problems that occurred before the employee filed the complaint and that the supervisor knew about but at the time did not take action;
- Unwarranted demotion, suspension, or termination without cause;
- Refusal to hire or promote an otherwise best qualified individual;
- Taking adverse action against or conduct towards an employee because he/she supported someone in the workplace in his/her complaint or participation in an investigation (i.e. retaliating against an employed family member of someone who opposed allegedly unlawful employment practices);
- Substantial and unjustified changes in individual work assignments including unwarranted change in over-time, on-call rotation, or other specialty assignments; or
- Unreasonable supervisory-imposed time restrictions.
1. Management plays a key role in helping to achieve a workplace culture that is free from harassment or retaliation. Disciplinary action, up to and including dismissal, may result if a manager engages in harassing behavior, condones such behavior, neglects to take appropriate measures to prevent or stop such behavior, neglects to properly report such behavior (whether observed first-hand, suspected, or reported), neglects to take appropriate corrective or disciplinary action against offenders, or retaliates against a person in violation of this Section.
b. Employees may notify their supervisor, department head, director of human resources, the city attorney, or the mayor. Employees do not have to follow their chain-of-command to file a Report. Reports may be done through either verbal or written notification; however, written notification is preferred. Reports should be as detailed as possible, including the names of the individuals involved, the names of any witnesses, direct quotations when language is relevant, dates, times and any documentary evidence such as notes, pictures, cartoons, etc.
3. Formal Investigation
c. When the investigation is complete, the Committee, investigator, or designee, will inform those in the “need to know” group (i.e. involved department heads, supervisors, the Mayor, City Council Chair, etc.), the complainant/victim, and the accused of the disposition.
This Section has been established to support the City’s goals of: (1) assuring employees report to work fit for duty and able to safely and effectively perform their work duties, (2) fostering a workplace that is safe, productive, and free from the effects of unlawful drug and alcohol use and activity, and, (3) to reasonably protect City assets. This Section establishes our drug and alcohol free workplace standard, communicates what is expected of employees, and identifies initiatives the City uses to monitor and enforce the policy.
This Section provides information on our Employee Assistance Plan (EAP)/Voluntary treatment program and other matters that may arise.
This Section provides procedural information regarding Tooele City’s limited drug and alcohol testing program of safety-sensitive employees (“company authority testing”) as well as our testing of CDL-required employees (“DOT required testing”).
- Employees may possess paraphernalia in the workplace that is required for their lawful use of prescriptions (i.e. needles for injections of prescriptions) and provided the employee takes prudent safety measures to prevent potential for injury to another person (i.e. sharps container disposal).
- Employees may possess drug paraphernalia in performance of their work duties such as cleaning up needles.
- Non-CDL drivers may have and use alcohol-containing products that are not designed for consumption such as hand sanitizer and disinfecting products.
- Police department employees may be exempt from policy requirements in performance of official police business and in compliance with police department policies & procedures.
- Authorized golf course staff may sell, purchase, transfer, dispense, possess, store and distribute alcohol for patron consumption when part of their job duties.
In general, employee’s lawful use and possession of medical cannabis is handled in the same manner as the lawful use of any other prescribed drug, unless:
- Use of medical cannabis would jeopardize federal funding for the employee’s position;
- Use of medical cannabis would jeopardize a federal security clearance required for the employee’s position;
- The employee’s position is dependent on a license that is subject to federal regulations; or,
- Use of medical cannabis conflicts with any other federal background determination required for the employee’s position. This provision restricts CDL drivers’ use of medical cannabis due to the Federal DOT testing requirements.
C. WORKPLACE INSPECTIONS
Tooele City reserves the right to conduct unannounced inspections of the workplace, equipment, facilities, and resources whether used solely by the employee or shared with others. Tooele City recognizes that employees have a reasonable expectation of privacy to be free from unwarranted searches of their personal items such as their personal bags, purses, coats, wallets, etc. This expectation of privacy does not apply, however, if alcohol, drugs, or paraphernalia are in plain view. Tooele City also reserves the right to utilize detection methods including, but not limited to electronic detection equipment and trained animals.
D. FITNESS FOR DUTY EVALUATION/VERIFICATION
Tooele City reserves the right to establish that an employee is fit for duty and able to safely and effectively perform their work duties. This includes, but is not limited to, requiring an employee to produce documentation from the prescribing medical provider assuring that the employee is/was deemed fit for duty. Tooele City also reserves the right to obtain second and third opinions, at the City’s expense, and to use resources available
under other applicable laws including, but not limited to, the American’s with Disabilities Act and Family & Medical Leave Act.
E. EMPLOYEE ASSISTANCE/VOLUNTARY TREATMENT
Early recognition and treatment is important for successful rehabilitation. Employees are urged to seek treatment prior to being identified for testing, and are reminded that treatment and counseling services may be available through the employee assistance program (EAP) and group health insurance plan.
F. CRIMINAL CONVICTIONS & OTHER RELIABLE EVIDENCE
An employee who is convicted for violation under federal or state criminal statute which regulates manufacturing, distributing, dispensing, possessing, selling, purchasing, or consuming a controlled substance shall notify their supervisor of the conviction no later than 5 calendar days after the conviction. Convictions are not necessarily disqualifiers from employment. A case-by-case analysis is conducted for workplace safety and job relevancy. An employee who is required to drive a vehicle as an essential function of the job, may no longer qualify for the job where the employee’s driver license is suspended or revoked due to a drug or alcohol conviction or offense.
Test results generated by law enforcement officers, emergency responders, or health care providers may also be considered by Tooele City for determining policy compliance. For example, an employee is arrested for DUI in their personal vehicle on their way home for lunch. The test results are deemed credible and indicate that the employee was likely to have been under the influence while on duty as the employee had only recently left the workplace.
G. LIMITED DRUG & ALCOHOL TESTING OF SAFETY SENSITIVE EMPLOYEES & CDL DRIVERS
While all employees are required to maintain a drug and alcohol free workplace pursuant to this policy, only certain employees are subject to workplace testing for drugs and alcohol. Tooele City’s drug and alcohol testing program applies to safety-sensitive employees (“company authority testing”) and CDL-required employees (“DOT required testing”).
Random Testing. Random drug and/or alcohol testing is required of employees in safety sensitive positions and/or CDL-required positions. To ensure that employees are selected on a random basis, Tooele City uses a third-party administrator to manage random selections. Employees are subject to random testing anytime they are on duty. If an employee is absent at the time of testing, another employee is selected from the alternate list except for when a police officer or lifeguard is off-duty, they are sent for testing when next at work, or as soon as practical.
Reasonable Suspicion Testing. Reasonable suspicion drug and/or alcohol testing may be required of employees in safety sensitive positions and/or CDL-required positions if a supervisor or company official who has been trained in recognizing the signs and symptoms of drug or alcohol use suspects an employee is under the influence of drugs and/or alcohol while on duty. Testing cannot be required based
When reasonable suspicion testing is warranted, management should relieve the employee from performing safety sensitive work duties and meet with the employee to explain the observations. The employee shall be given an opportunity to offer an explanation of the observations. If, after the explanation, management continues to have reasonable suspicion of drug or alcohol use in violation of this policy, or would need further verification, the employee will be notified of the requirement to undergo a drug/alcohol test. In a rare circumstance where an employee is unconscious and unable to give an explanation or to test, reasonable suspicion testing may not be administered (i.e. as it relates to employment testing, Tooele City cannot catheterize an unconscious employee nor take blood for reasonable suspicion testing). Other means shall be used to address the situation.
The suspected employee may not perform safety sensitive duties until negative test results are received.
Post-accident/Incident Testing. Post-accident/incident drug and/or alcohol testing is required of employees in safety sensitive positions and/or CDL-required positions under certain circumstances. Any employee required to be tested but needing medical assistance, must get the needed medical assistance first. In a rare circumstance where an employee is unconscious and unable to give an explanation or to test, post-accident/incident testing may not be administered (i.e. as it relates to employment testing, Tooele City cannot catheterize an unconscious employee nor take blood for post-accident testing). Other means shall be used to address the situation.
Under no circumstances should the employee involved in an accident and subject to post-accident testing be allowed to drive to the testing facility or away. A member of management is required to transport the employee or arrange for other transportation.
|Type||When Required||Time Limits|
|Safety sensitive Drug Testing Company Authority||1. When there is a reasonable basis for concluding that:
(a) the employee caused or contributed to an accident that seriously damaged a City vehicle, machinery, equipment, or property making it inoperable and/or resulting in immediate disruption to the work process;
(b) the employee received or is likely to receive a moving traffic
violation in relation to an accident; and/or,
(c) the employee caused or reasonably appears may have caused an accident or incident that resulted in an injury to themselves or another person, requiring off-site medical attention; except that sworn police officers are not subject to automatic post-accident drug and alcohol testing in the instance of an injury to the officer or a suspect, when such injury occurs in the normal scope of their duties or in the course of a suspect’s lawful constraint. Sworn police officers are, however, subject to post-accident/incident drug and alcohol testing following any incident deemed to be an officer’s use of deadly force whether an injury occurred or not.
Note: Deceased employees are not tested.
|Within 12 hours, but cannot exceed 32 hours from time of event.|
|Safety sensitive Alcohol Testing Company Authority||Within 2 hours, but cannot exceed 8 hours from time of event.|
|CDL Drivers Drug Test DOT- required||1. When there is one or more fatality; or
2. The driver is cited for a moving violation AND either:
(a) The vehicle is towed from the scene; or
(b) Someone incurs bodily injury with medical treatment away from the scene.
Note: If these requirements cannot be met, the employee might still be tested pursuant to safety-sensitive drug or alcohol testing under company authority
|Within 12 hours, but cannot exceed 32 hours from time of event.|
|CDL Drivers Alcohol Test DOT-required||Within 2 hours, but cannot exceed 8 hours from time of event.|
Return-to-duty Testing/Follow-up Testing. Return-to-duty/follow-up drug and/or alcohol testing may be required of employees in sensitive positions and/or CDL-required positions when administered in conjunction with a City-approved program of return to duty, rehabilitation, counseling, education, and/or treatment. Return-to-duty testing shall be for a period of not less than 12 months, and generally not to exceed 36 months, and generally should be tested a minimum of 6 times in the first 12 months following their return to duty. Return-to-duty/follow-up testing shall be at the employee’s expense. This policy does not alter the City’s policies on leave or disability.
2. Testing Notice & Sample Collection / Testing Procedures / MRO Verifications
a. Testing Notice
b. Alcohol Testing
Under no circumstances should the employee be allowed to drive following a test for alcohol when the second confirmation test result is at or exceed the positive cut off limit. A member of management is expected to transport the employee or arrange for other transportation.
c. Drug Testing
Collected specimens will be split-sample, sent to a federally or state certified laboratory, and tested for:
|Testing Authority||Test for|
|Safety-sensitive Company Authority||9 Panel
Opiates, cocaine, phencyclidine, amphetamines, marijuana, barbiturates, benzodiazepines, propoxyphene, methadone.
|CDL Drivers DOT-required||5 Panel
Opiates, cocaine, phencyclidine, amphetamines, and marijuana
The laboratory screens all specimens and confirms all positive screens. The laboratory preserves the chain of custody from the time specimens are collected through testing and storage.
The laboratory transmits all positive drug test results to a medical review officer (MRO) retained by Tooele City who offers individuals with positive results a reasonable opportunity to rebut or explain the results prior to reporting test results to Tooele City. An individual has 72 hours from notice of a positive test result to ask the MRO to perform a confirmation test at another federally or state certified laboratory, at the individual’s own expense.
- Fails to appear for a drug/alcohol test as requested without a reasonable or verifiable explanation.
- Refuses to submit to an authorized drug/alcohol test without a medically verifiable reason, as determined by the testing coordinator or the person responsible for administering the test.
- Refuses to contact and cooperate with the drug/alcohol testing official or sign related paperwork.
- Substitutes, alters, or tampers with a drug/alcohol test sample.
- Fails to give a sufficient drug/alcohol test sample without a verifiable medical condition that impacts the employee’s ability to provide a sufficient sample.
- Falsifies or attempt to falsify a drug/alcohol test sample or test result.
- Refuses to report for an evaluation by a substance abuse professional.
- Fails to remain readily available for post-accident testing, if applicable, following an accident.
Additionally, Tooele City recognizes that situations may arise which are not specifically covered by this policy. These may be addressed on a case-by-case basis.
5. Compensation for Testing & Record Keeping
All information relating to Tooele City’s drug and alcohol testing shall be treated as confidential except as otherwise indicated herein or as provided by law.
The Tooele City Police Department may establish lower limits pertaining to alcohol positive tests as identified in their department policies and procedures.
Additionally, at the time this policy revision was approved, sworn law enforcement officers’ use of medical cannabis is prohibited pursuant to department policy. However, the Utah State Code regarding medical cannabis was still being evaluated to determine the impact it may have on law enforcement officers. The City recognizes that the Police Department may make changes to their policies that may be more, but not less, restrictive than this City policy.
I. CONSEQUENCES FOR POLICY VIOLATION OR POSITIVE TESTS
Applicants who refuse to participate in a required drug test or who test positive generally will not be hired.
Employees who violate any provision of this policy may be subject to disciplinary action, up to and including dismissal.
Employees may be referred to a substance abuse professional for initial evaluation at the City’s discretion and the City’s expense. Recommended rehabilitation, even if imposed as part of discipline, is at the employee’s expense. An employee’s refusal or failure to submit to an evaluation or to successfully complete the recommended rehabilitation may result in additional disciplinary action, up to and including dismissal.
J. DEFINITIONS – The following definitions are provided for general understanding.
Abuse or Misuse - The possession or use of a controlled substance obtained without a lawful prescription issued to the possessor or user; the use of a controlled substance contrary to the prescription indications; or, the use of alcohol or a controlled substance to a degree which renders the user unfit to safely operate a motor vehicle or to safely perform safety sensitive functions or other job requirements while on duty.
Alcohol - The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols in methyl and isopropyl alcohol no matter how the alcohol is packaged or in what form the alcohol is stored, utilized, or found.
Applicant/Final Applicant/Applied for and Been Offered - An individual who has made written or oral application to become an employee of Tooele City and has been extended a conditional offer of employment; or, an employee who applies for, and is subsequently selected to fill an internal vacancy through a competitive selection process.
City Premises - Buildings, parking lots, grounds, parks, properties, equipment, and vehicles owned or leased by the City, and personal vehicles being used for City business. See workplace. Commercial Driver License (CDL)/CDL-required Position/Employee - a position requiring the employee possess and maintain a license required by Utah Code §53-3-404, as amended, and/or the Federal Motor Carrier Safety Administration (FMCSA) to operate a commercial motor vehicle.
Confirmation Test –
- For alcohol testing, a second test that provides quantitative data of alcohol concentration in the test subject’s body; and,
- For drug testing, a second analytical procedure using a split sample to identify the presence of a controlled substance or substance metabolites, analogs, homologs, or synthetic equivalents in the test subject’s body, which procedure is independent of the initial screen.
Controlled Substance - Those substances defined by the Utah Controlled Substances Act, Utah Code §58-37-4 and §58-37-4.2, as amended, and the federal Controlled Substance Act, 21 United States Code §802(6), as amended. Also referred to herein as “drug” and “drugs.”
Company Authority/Safety-sensitive - Drug and/or alcohol testing program that is established pursuant to the policies and procedures of Tooele City as opposed to DOT-regulations.
Department of Transportation/DOT – See Commercial Driver License
Drug Paraphernalia - Objects used for the consumption of controlled substances. Drug Paraphernalia is further defined to include the definitions in Utah Code §58-37a-3, as amended.
Drug/Drug Testing – See Controlled Substance.
Employee – As used herein this policy, the term employee means the entire workforce, except those identified as not employees pursuant to Section 5 herein this Manual. Within this policy, employees may be further classified as Safety Sensitive Employee/position and Commercial Driver License (CDL)/CDL-Required Employee/Position to differentiate the special and specific provisions relating to permissible drug and alcohol testing of these classes of employees. See Safety Sensitive Employee/Position/Function/Duty and Commercial Driver License (CDL)/CDL-required Position/Employee.
Impaired/Impairment – See Under the Influence
Medical Review Officer - A licensed medical provider who has knowledge of substance abuse disorders and the effects of controlled substance consumption on the human body and has the training to interpret and evaluate drug and alcohol test results.
Possess - To be located on one’s person, in one’s clothing, in one’s immediate vicinity or control (such as, wallet, purse, desk, drawer, locker, vehicle), or in one’s body as evidenced by a positive test result. Includes “constructive possession” as defined by Utah law.
Sample - Any specimen of urine or breath to be used for testing pursuant to this policy.
Safety Sensitive Employee/Position/Function/Duty – See Work Duties.
Employees required to hold CDL are also considered safety sensitive employees and may be tested pursuant to DOT regulations and/or company authority.
Employees who are stopped from performing a safety sensitive duty, whether the duty was completed or not, will be deemed to have performed the safety sensitive duty for purposes of this policy.
Split Sample Testing - A method of testing where the tested sample is divided into two similar quantities prior to testing. The first one-half is tested while the second one-half is preserved for a limited time for confirmation or other testing purposes.
Test - The scientific analysis for the presence of drugs and/or alcohol or their metabolites in the human body. Also referred to as “alcohol test,” “drug test,” and “testing.”
Under the Influence - The impaired physical or mental condition of an employee, resulting from the consumption of alcohol or a controlled substance, that causes the employee to be unable to safely operate a motor vehicle or to safely perform safety sensitive functions, including but not limited to an alcohol test result of 0.04 or more grams of alcohol per 100 milliliters of blood or per 210 liters of breath. See Impaired/Impairment
Use – See Consume/Consumption
Work Duties/On Duty - The duties, or the performing of the duties, on behalf of Tooele City, which are contained within an employee’s job description or which are assigned to an employee. Includes being on-call.
Workplace - The workplace includes, but is not limited to, City owned buildings, grounds, and vehicles, and/or any other location where the employee conducts City work during work hours or while on duty. See City Premises.
A. WORKERS’ COMPENSATION COVERAGE:
Tooele City operates under the Workers’ Compensation provisions found in the Utah Code, and in particular Utah Code 35-1-45 which provides:
“Each employee mentioned in Section 35-1-43 who is injured and the dependents of each such employee who is killed, by accident arising out of and in the course of his employment, wherever such injury occurred, if the accident was not purposely self-inflicted, shall be paid compensation for loss sustained on account of the injury or death, and such amount for medical, nurse, and hospital services and medicines, and, in case of death, such amount of funeral expenses, as provided in this chapter. The responsibility for compensation and payment of medical, nursing, and hospital services and medicines, and funeral expenses provided under this chapter shall be on the employer and its insurance carrier and not on the employee.”
B. REPORTING OF INJURIES:
Any employee sustaining an injury arising out of and in the course of employment shall notify the supervisor immediately. If the employee is unable to provide notification, the employee’s next-of-kin or attorney may provide notification of the injury to the supervisor. The supervisor shall immediately report the injury to the City’s designated officer.
C. EMPLOYER’S REPORTS:
The City shall file a report of injury with the Industrial Commission of Utah within seven days after the occurrence of an injury after the City’s first knowledge of the occurrence, or after the employee’s notification of the same, on forms prescribed by the commission, of any work-related fatality or any work-related injury resulting in medical treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job. The City shall file a subsequent report with the commission of any previously reported injury that later resulted in death. The subsequent report shall be filed with the commission within seven days following the death or the City’s first knowledge or notification of the death. No report is required for minor injuries, such as cuts or scratches that require first-aid treatment only unless a treating physician files, or is required to file the Physician’s Initial Report of Work Injury with the commission. The City shall provide the employee a copy of the reports submitted to the commission. Tooele City shall also provide the employee with a statement, as prepared by the commission, of the employee’s rights and responsibilities related to the injury.
D. MAINTENANCE OF RECORDS:
Tooele City shall maintain a record in a manner prescribed by the commission of all work-related fatalities or work-related injuries resulting medical treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job.
E. LEAVE AND COMPENSATION:
Each employee eligible to receive workers’ compensation is subject to the following:
F. RETURN TO WORK:
When an employee returns to work, the employee shall notify the mayor’s designee who shall notify the commission to terminate the workers’ compensation. An employee’s right to return to City employment is governed by the following:
It is Tooele City=s intent and purpose to preserve human resources by providing for the safety and health of workers, and to comply with all applicable rules and regulations pertaining to the Occupational Safety and Health Act established by the federal law and Utah Code Title 35, Chapter 9.
B. HAZARD-FREE WORKPLACE
The City shall furnish each of its employees employment free from recognized hazards that are causing or are likely to cause death or physical harm to such employees. Each employee shall comply with the occupational safety and health standards, orders, rules and regulations promulgated under the Utah Occupational Safety and Health Act.
The City shall inspect or designate a competent person or persons to inspect frequently for unsafe conditions and practice, defective equipment and materials, and where such conditions are found to take appropriate action to correct such conditions immediately.
Supervisory personnel shall enforce safety regulations and issue such rules as may be necessary to safeguard the health and lives of employees. They shall warn all employees of dangerous conditions and permit no one to work in an unsafe place, except for the purpose of making it safe.
E. RECORD OF ACCIDENTS
An accurate record shall be kept of all accidents involving an injury to an employee while on duty, whether or not time is lost. Accident records shall at all reasonable times be available to the Industrial Commission of Utah or its representatives upon request. Other records shall be kept as requested by the Industrial Commission of Utah.
F. POSTING EMERGENCY TELEPHONE NUMBERS
Each department head or supervisor shall post, in a conspicuous place, a list of telephone numbers or addresses as may be applicable so that necessary help can be obtained in case of emergency. Such a list shall include:
G. CLEAN WORK AREAS
All supervisors and employees shall insure clean work areas. An excessively littered or dirty work area constitutes an unsafe, hazardous condition of employment and shall be remedied within a reasonable period of time. When no other method or combination of remedies exits to minimize hazards due to toxic dust, fumes, gases, flying objects, dangerous rays, or burns from heat, acid, caustics or any hazard of a similar nature, the City shall provide each worker with necessary personal protection equipment such as respirators, goggles, gas masks, or certain types of protective clothing. Provision shall also be made to keep all equipment in good, sanitary working condition at all times.
H. INVESTIGATION OF INJURIES AND OCCUPATIONAL DISEASES
The City shall investigate or cause to be investigated all work-related injuries and occupational diseases and any sudden or unusual occurrence or change of conditions that pose an unsafe or unhealthy exposure to employees.
I. EMPLOYEE'S BELIEF OF IMMINENT DANGER
Any employee or representative of employees who believes that a violation of an adopted safety or health standard exits that threatens physical harm, or that an imminent danger exits, may request an inspection of the violation or danger by giving notice to the authorized representative of the Occupational Safety and Health Division of the Industrial Commission of Utah. Any notice shall be in writing, setting forth with reasonable particularity the grounds for notice, and signed by the employee or representative of employees. A copy of the notice shall be provide to the City no later than at the time of inspection. Upon request of the person giving notice, such person=s name and the names of individual employees referred to in the notice shall not appear in the copy or on any record published, released, or made available.
J. REPORTING SUDDEN OR UNUSUAL CONDITIONS
Should any sudden or unusual occurrence or change of condition occur, such as the appearance of toxic or unusual fumes or gases, major equipment failure, explosions, or fires, that might affect the safety or health of City employees or tend to increase the hazards thereof, the department head or other designated authority shall immediately notify the Industrial Commission of Utah. Such notification shall be made whether or not any actual injury results from the above occurrences or changes of condition.
K. SAFETY RULES
Additional information relative to the Occupational Safety and Health Act can be obtained from:
|The Industrial Commission of Utah
448 South 440 East
Salt Lake City, Utah 84111
Telephone: 533 6401 801-530-6901
|The Utah Intergovernmental Personnel Agency
1234 South Main Street
Salt Lake City, Utah 84101
Telephone: 533 6301
A. OCCUPATIONAL DISEASE DISABILITY COMPENSATION COVERAGE
Tooele City operates under the Utah Occupational Disease Disability Law found in Utah Code, Title 35, Chapter 2. Each employee sustaining an occupational disease as defined in Chapter 2, which includes anthrax, silicosis, and certain poisonings, may be entitled to compensation for disability or death. To qualify, the occupational disease must arise out of and in the course of employment and the disease cannot be acquired through willful misconduct, willful self-exposure or disobedience to such reasonable rules and regulations as may be adopted by the City.
B. REPORTING OF INJURIES
Any employee sustaining an occupational disease arising out of and in the course of employment shall notify the supervisor immediately. If the employee is unable to provide notification, the employee=s next-of-kin or attorney may provide notification of the occupational disease to the supervisor. The supervisor shall immediately report the occupational disease to the mayor's designee.
C. EMPLOYER'S REPORTS
The City shall file a report of occupational disease with the Industrial Commission of Utah within seven days after the occurrence of an occupational disease after the employee=s notification of the same, on forms prescribed by the commission, of any occupational disease resulting in medical treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job. The City shall file a subsequent report with the commission of any previously reported occupational disease that later resulted in death. The City shall provide the employee a copy of the reports submitted to the commission. The city shall also provide the employee with a statement, as prepared by the commission, of the employee=s rights and responsibilities related to the occupational disease.
D. MAINTENANCE OF RECORDS
The City shall maintain a record in a manner prescribed by the commission of all occupational diseases resulting in medical treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job.
E. LEAVE AND COMPENSATION
1. The first three days of absence shall be taken as sick leave, if available.
When an employee returns to work, the employee shall notify the mayor's designee who shall notify the commission to terminate the occupational disease disability compensation. An employee=s right to return to City employment is governed by the following:
A. WITNESS OR JURY DUTY
Any employee who, in obedience to a subpoena or direction by proper authority, appears as a witness or juror for the federal or state government or political subdivision thereof, shall be entitled to either that employee’s regular compensation or the per diem fees offered by the court, but not both.
B. PRIVATE LITIGATION:
Time absent by reason of subpoena in private litigation or by some party other than the subpoena in private litigation or by some party other than the federal government or state government or a political subdivision thereof, to testify not in official capacity but as an individual, shall be taken as annual leave or leave without pay.
A. MAYOR DESIGNATION
The Mayor may authorize paid administrative leave as deemed necessary or appropriate. Administrative leave is used rarely and for reasons such as, but not limited to: weather-related closure, emergency closures, employee recognition, or limited unforeseen business situations that may adversely impact employee pay or benefits.
B. BUSINESS REASONS
A department head, with approval from the Mayor, may temporarily relieve an employee from his or her normal responsibilities, while continuing to receive regular pay and benefits when necessary to address a particular situation. An employee is only placed on administrative leave when it is determined that it is in the best interests of the organization for the employee to not remain in the workplace.
This Section specifies the days Tooele City provides time off with pay to eligible employees for recognized holidays (“Holiday Pay” or “Paid Holiday”) and related policy matters.
B. PAID HOLIDAYS
The following days are designated as paid holidays for eligible employees:
|January 1||New Year's Day|
|Third Monday in January||Observed as the anniversary of the birth of Dr. Marin Luther King, JR., also known as Human Rights Day.|
|Third Monday in February||Presidents' Day|
|Last Monday in May||Memorial Day|
|While celebrated on June 19, under Utah State Law, if the holiday falls on a Tuesday, Wednesday, Thursday or Friday it will be observed on the preceding Monday. If the holiday falls on a weekend, it will be observed the following Monday.||National Freedom Day. Observed in honor of the emancipation of enslaved African Americans in the US, also known as Juneteenth and Emancipation Day.|
|July 4||Independence Day|
|July 24||Pioneer Day|
|First Monday in September||Labor Day|
|Second Monday in October||Columbus Day|
|November 11||Veterans' Day|
|Fourth Thursday in November||Thanksgiving Day|
|Generally the Fourth Friday in November||Friday After Thanksgiving Day|
|December 25||Christmas Day|
C. HOLIDAYS ON WEEKENDS
Excluding National Freedom Day, when a holiday falls on Saturday, the preceding Friday shall be the holiday. When a holiday falls on a Sunday, then the following Monday shall be the holiday. The exception is for sworn law enforcement officers normally assigned to patrol duty; the holiday will be the actual date of the holiday and for holidays worked, it will be recognized for employees whose shift begins on the date of the holiday.
D. HOLIDAY ON NORMAL DAY OFF
When a holiday falls on a normally scheduled day off, another day is substituted. The substituted day must be in the pay period prior to, during, or immediately following the pay period in which the original holiday occurred. The exception is for sworn law enforcement officers assigned to patrol duty. See Section 9: Compensation for information regarding holiday buyback for patrol officers.
E. FLSA EXEMPT WORK A HOLIDAY
When an FLSA exempt employee works on a designated holiday, another day may be substituted. The substituted day must be in the pay period prior to, during, or immediately following the pay period in which the original designated holiday occurred.
F. SPECIAL CONSIDERATIONS
For example, an employee normally works 8 hours and is receiving short-term disability benefit payments that replaces 70% of salary. The employee receives 2.25 paid holiday hours representing the other 30% (8 x 30% = 2.4, rounds to 2.25). The human resource office can assist with making these calculations as needed.
In order to minimize the financial hardships that may result from absences from work, Tooele City provides annual leave benefits to qualifying employees who are approved to be absent from work.
B. ANNUAL LEAVE ACCRUAL
|Up to 5 years of eligible service||4 hours per pay period|
|5 to 10 years of eligible service||4.93 hours per pay period|
|10 to 15 years of eligible service||6.77 hours per pay period|
|15 or more years of eligible service||8 hours per pay period|
3. Employees whose contemplated work schedule is less than 40 hours per week accrue annual leave on a prorated basis according to the number of hours they work each pay period.
An employee may elect to accumulate up to, but no more than, 280 hours of annual leave as of the last day of the pay period that includes June 30, the end of the fiscal year. Annual leave in excess of 280 hours will be forfeited. If an employee has made timely application for leave and the supervisor couldn’t approve the leave due to the needs of the department, the department head may permit annual leave to be carried over into the following fiscal year, which leave hours may then exceed the 280 hours limit.
E. REQUIREMENT TO USE
1. When an employee is absent and has an annual leave balance, Tooele City will reduce his/her available annual leave balance by an amount equivalent to 100% of the normal bi-weekly pay less equivalent payments made by a City-sponsored insurance provider, if applicable. Employees may opt-out of the reduction requirement if the absence is covered by Tooele City’s sick leave policy, due to military leave or, if the employee is receiving full or partial wage replacement from the City’s worker’s compensation or disability insurance provider.
A holiday that falls on an employee’s regular working day within a period when annual leave is being taken will be credited as a holiday and not as a day of annual leave.
G. PROVISIONS RELATING TO SEPARATION FROM EMPLOYMENT
An employee may not use annual leave to extend his/her effective date of separation beyond his/her two-week notice of resignation. Separating employees will be paid the balance of the accumulated annual leave, not to exceed 280 hours.
This Section specifies the hours Tooele City provides time off with pay to eligible employees for bereavement and funeral needs and related policy matters.
|Up to 24 Hours Leave||Up to 16 Hours Leave||Up to 8 Hours Leave to Attend Services|
D. NEEDS OTHERWISE NOT COVERED BY THIS SECTION
Employees who need to be absent for matters not otherwise covered by this Section or who need additional time off, may reference other paid leave policies such as annual leave.
In order to minimize the financial hardships that may result from absences from work, Tooele City provides sick leave benefits to qualifying employees who are approved to be absent from work for certain qualifying purposes.
B. LEAVE ACCRUAL
Use of sick leave is a privilege extended to employees by their supervisor and its use is not an acquired right. Established attendance policies apply regarding approval for absences. Once accrued, sick leave may be used for the following reasons:
|Reasons Relating to Employee|
|Eligible Uses||Examples of Ineligible Uses or Abuse Indicators|
|Reasons Relating to Employee's Family|
|Eligible Uses||Examples of Ineligible Uses or Abuse Indicators|
|Reasons Approved as FMLA-Protected Leave May Run Concurrently With Sick Leave|
|Eligible Uses||Examples of Ineligible Uses or Abuse Indicators|
|Other Reasons that May Run Concurrently with Disability Insurance and/or FMLA|
|Worker's Compensation||Employees who are absent from work due to an approved workers’ compensation claim, and remain active on Tooele City payroll, may use accrued leave to supplement the workers’ compensation benefit to receive a combined total not exceeding 100% of pre- injury/illness pay. Sick leave balances are forfeited if an employee is no longer active on Tooele City payroll.|
|Short-term Disability (STD)||Employees who miss work due to an approved STD claim, and remain active on Tooele City payroll, may use accrued leave to supplement the STD benefits to receive a combined total not exceeding 100% of pre-injury/illness pay. Leave balances are forfeited if an employee is no longer active on Tooele City payroll.|
|Long-term Disability (LTD)||Employees receiving LTD benefits are evaluated on a case-by-case basis including consideration pursuant to the requirements of the American’s with Disabilities Act, if applicable. The specific facts relevant to the employee’s disability, approved leave, ability to return to work, etc. are considered. Sick leave balances are forfeited if an employee is no longer active on Tooele City payroll due to LTD approval.|
D. LIMITATION ON USE WITH OUTSIDE EMPLOYMENT
Sick leave may not be used to cover absences when an employee is working outside employment and performing duties that are similar to those performed for Tooele City. Tooele City does not wish to discourage employees from seeking outside employment but must ensure that employees are not misrepresenting their need to be absent or abusing sick leave benefits. An employee may request to use sick leave in such circumstance by showing that the duties of the outside employment are dissimilar and that a condition requiring absence from City employment does not preclude outside employment. If permission is not given or verification is requested by Tooele City and the employee does not provide it, the employee will be deemed to be misrepresenting their need for leave and may be subject to disciplinary action, up to and including separation.
E. REQUIREMENT TO USE
F. ABUSE / LEAVE RESTRICTION / VERIFICATION
Tooele City reserves the right to ensure that sick leave is being used according to this Section, in a manner that is not abusive, and in a manner that does not adversely impact the work environment. Tools that managers may use include, but are not limited to:
A holiday that falls on a regular working day within a period when sick leave is being taken will be credited as a holiday and not as a day of sick leave.
H. REINSTATEMENT OF SICK LEAVE IF REHIRED AFTER REDUCTION IN FORCE
Accrued sick leave available to an employee at the time of a reduction in force is again available if rehired within twelve months from the reduction.
I. SICK LEAVE ADVANCE
If short-term disability benefits are not in effect and in the event of an extended eligible need, the Mayor may grant an advance of sick leave equivalent to the amount that would be accrued through the end of the calendar year. The following are instances that may justify the extension of sick leave: (1) Absence due to injury; (2) Extended absence due to major illness or surgery; or (3) Other reasonable absences due to sickness or injury when no pattern of absence or abuse of the sick leave privilege has been demonstrated.
J. SICK LEAVE ANNUAL PAY-OUT
During January, employees may elect to be paid for one-fourth (25%) of the sick leave they accumulated during the prior calendar year but did not use. For example: an employee who accumulates 3.7 hours per pay period, worked 26 pay period, and used 15 hours sick leave during the calendar year would be paid out 20.3 hours (3.7 X 26 = 96.2, 96.2 – 15 = 81.2, 81.2 X 25% = 20.3 hours).
K. PROVISIONS RELATING TO SEPARATION FROM EMPLOYMENT
An employee separating from Tooele City is not compensated for unused sick leave except that accrued sick leave available to an employee at the time of separation is again available to him or her upon returning to service as long as the employee returns within 12 months of separation from service.
L. PROVISIONS RELATING TO RETIREMENT
See Section 30: Retirement, herein this Policies and Procedures Manual, for specific provision relating to retiree sick leave conversions.
A. FAMILY & MEDICAL LEAVE ACT (FMLA Protected Leave)
Tooele City complies with the Family and Medical Leave Act of 1993 (FMLA), as amended, and the expansion of FMLA under The Support for Injured Service Members Act of 2007. The following is a summary of the main provisions of the FMLA. However, it is not a comprehensive recital of the law. Questions or further clarification
may be obtained from the Tooele City Human Resource Department.
d. Next-of-kin of a covered service member means the nearest blood relative other than the covered servicemember’s spouse, parent, son, or daughter. The FMLA provides additional definitions regarding next of kin including order or priority or employee’s designation of next of kin.
3. BASIC FMLA LEAVE ENTITLEMENT
5. BOTH SPOUSES ARE EMPLOYED BY CITY
d. While on paid FMLA leave, Tooele City will continue to make payroll deductions to collect any portion of the employee’s share of the premiums.
b. Tooele City may choose to exempt certain key employees from this requirement and not return them to the same or similar position.
9. INTERMITTENT FMLA LEAVE OR A REDUCED WORK SCHEDULE
c. For the birth, adoption or foster care of a healthy child, Tooele City and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced work schedule.
d. If the employee is taking leave for a serious health condition or because of the serious health condition of a family member, the employee should try to reach agreement with Tooele City before taking intermittent leave or working a reduced hour schedule. If this is not possible, then the employee must prove that the use of the leave is medically necessary.
7) If the employee plans to take intermittent leave or work a reduced schedule, the certification must also include dates and the duration of treatment as well as a statement of medical necessity for taking intermittent leave or working a reduced schedule.
An employee must provide at least verbal notice sufficient to make the City aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.
FMLA – The Employee’s Supplemental Guidebook
B. CITY APPROVED LEAVE OF ABSENCE
7. A City Approved Leave of Absence may be terminated prior to the expiration date thereof with the consent of the Mayor. Failure of an employee to report for duty promptly at the expiration date of the leave or violation of an agreement of understanding entered into by the employee relative thereto is cause for discharge.
8. All eligible paid leave must be exhausted before an employee may take leave with reduced or no pay.
9. Leave of absences are classified as (a) Leave of absence with full or disability pay or (b) Leave of absence with partial or no pay. The following applies:
An employee will be placed on an automatic leave of absence in the event the employee is temporarily appointed to any other City position for the period of time the employee fills that position. Upon termination of the leave of absence the employee will be returned to the former position. Employees taking such a leave of absence will continue to be eligible for and accrue all benefits.
Leave may be granted for periods of active military service.
B. SHORT-TERM LEAVE:
Short-term military leave is leave of less than six months in duration for active military service. Such leave shall be authorized for permanent employees subject to all of the following conditions being met:
Extended military leave is military leave of six months or more. Extended military leave without pay may be granted to permanent employees who enlist, are drafted, or are recalled to active service in the armed forces of the United States in accordance with the Military Selective Service Act, 50 USCS Appx., Section 451 et seq. Employees on extended military leave shall be permitted to return to City employment pursuant to the following conditions:
Benefits shall not accrue for employees on short-term military leave after the eleven days leave are used, nor for employees on extended military leave.
B. BENEFIT ELIGIBILITY
Benefit eligibility is determined by the employee’s employment status, schedule status, and benefit provider contracts. In general, eligibility is as follows:
Regular or Appointed
|Full Time Mayor|
|40 Hours||30-39.75 Hours|
|Flexible Spending Account||Yes||Yes||Yes|
|Leave, Misc. Paid -
Funeral, Jury & Witness, and Military
|Life Insurance & AD&D||Yes||Yes||Yes|
|Medical - Health Insurance
Waiver payment in lieu of coverage if evidence of other coverage is provided to Tooele City
|State Retirement Benefits||Yes||Yes||Yes|
Prorated = Benefits are prorated as percentage of hours worked as compared to a 40 hour schedule. See specific policies regarding paid leave and holiday for additional information.
Regular or Appointed
|20-29.75 Hours||1-19.75 Hours||Part-time
|Part-time Council Member|
|401K||Yes but no City Contribution||Yes but no City Contribution||Yes||Yes|
|Flexible Spending Account||Yes||No||Yes||Yes|
|Leave, Misc. Paid -
Funeral, Jury & Witness, and Military
|Life Insurance & AD&D||No||No||Yes||Yes|
|Long-term Disability||Yes||No||Tier 1 = Yes, If salary meets URS eligibility criteria
Tier 2 = No
|Medical - Health Insurance
Waiver payment in lieu of coverage if evidence of other coverage is provided to Tooele City
*See Variable Hour Employee Table for calculation of eligibility due to PPACA, if deemed applicable to a part-time employee
*Council policy change effective July 2023 and moved waiver equivalent to compensation
|State Retirement Benefits||Yes||No||Tier 1 = Yes, If salary meets URS eligibility criteria
Tier 2 = No, but equivalent URS rate is put into 401k plan as defined in this Section
Prorated = Benefits are prorated as percentage of hours worked as compared to a 40-hour schedule. See specific policies regarding paid leave and holiday for additional information.
|Variable Hour Employees
Contingent: Temporary, Seasonal, Cyclical, or On-call
|401K||Yes, may make personal contributions but not eligible for any City Contribution|
|IRA/Roth IRA||Yes, may make personal contributions|
|Medical - Health Insurance||No, except an employee may become eligible pursuant to the Patient Protection and Affordable Care Act (PPACA) which requires coverage if an employee’s average workweek was greater than or equal to 30 hours/week following certain measurement periods. Tooele City has adopted the PPACA Safe Harbor provision for calculating the average workweek for variable hour employees as it applies to PPACA. The average workweek will be calculated as follows:
Tooele City’s Cash-in-Lieu (Health Insurance Waiver) Payment is not available to Variable Hour employees who become eligible for health insurance coverage due to PPACA but decline coverage.
Plan eligibility and premiums are established with each fiscal year budget.
|No other benefits are offered to variable hour employees|
C. SECTION 125 / FLEX / CAFETERIA PLANS
Pursuant to Section 125 of the Internal Revenue Code, Tooele City has adopted plans which provide employees an opportunity to choose between cash and receiving certain qualified benefits on a pretax basis. Pretax means an amount is withheld form an employee’s gross pay before any taxes are calculated. These deductions reduce employee’s taxable income meaning they owe less income taxes. At the end of the year, an employee’s W-2 statement will show the reduced net amount of salary for purposes of computing taxes. Because Social Security taxes are reduced, some employees might experience a slight reduction in Social Security benefits when they become eligible to receive them.
Tooele City utilizes a third-party benefits administrator. In cooperation with Tooele City human resource department, the third-party administrator will make available rules, guidelines, and information pertaining to the Plan. Plan documents for the following plans can be obtained from the human resource department and may change as plan guidelines change, tax laws, and/or administration guidelines change:
D. HEALTH SAVINGS ACCOUNT (HSA)
Tooele City has adopted a Health Savings plan option for eligible employees who are:
- Enrolled in a qualifying high deductible plan;
- Have no other insurance coverage other than those specifically allowed by the IRS (i.e. another qualifying high deductible health plan); and,
- May not be claimed as a dependent on someone else’s tax return.
Such accounts are individual trusts or custodial accounts, each established and maintained by the employee with a qualified trustee/custodian. Tooele City will withhold contributions from the employee’s paycheck and forward the contributions to the trustee/custodian on behalf of the employee. Tooele City may make an employer contribution to eligible employee’s HSA accounts as determined during the fiscal year budget process.
The employee is responsible for using their account in compliance with all IRS regulations. Review plan documents for using HSA funds for dependent expenses.
Tooele City utilizes a third-party benefits administrator to assist with administering the HSA account. In cooperation with Tooele City human resource department, the third-party administrator will make available rules, guidelines, and information pertaining to the Plan. This information can be obtained from the human resource department and may change as plan guidelines change, tax laws, and/or administration guidelines change.
E. UTAH STATE RETIREMENT PLAN
F. 401(k) PLAN
Pursuant to Section 401(k) of the Internal Revenue Code, Tooele City offers eligible employees the opportunity to participate in a 401(k) plan.
I. COBRA CONTINUATION COVERAGE
If a qualifying event occurs that causes an insured employee, spouse, or dependent to lose coverage under Tooele City’s group health or dental plan, they have a legal right under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to purchase a temporary extension of health coverage (herein called continuation coverage). This notice is intended to inform employees, in a summary fashion, of their rights and obligations under COBRA. Employees are encouraged to share this notice with their spouse.
A. RETIREMENT NOTIFICATION
B. LIFETIME PASS TO CITY RECREATION FACILITIES
An employee who retires from Tooele City Corporation as their last employer and is credited with at least 10 years of service as a Tooele City full-time regular or appointed status employee is provided a lifetime individual wellness/recreation card, the use of which is to be consistent with Section 31 herein this Manual. The pass is non-transferrable.
C. COBRA CONTINUATION COVERAGE UPON RETIREMENT
Retirees may be eligible to continue certain benefits pursuant to COBRA continuation coverage. COBRA continuation is described in Section 29: Benefits, herein this Manual.
D. HEALTH & LIFE INSURANCE FOR RETIREES & RETIREE’S DEPENDENTS
Prior to retiring, employees are encouraged to carefully evaluate their rights and responsibilities regarding continuation of health insurance or other benefits following retirement. Although it is the intent of Tooele City to maintain insurance coverage as specified below, it is understood that insurance providers may change eligibility or coverage provisions for retirees at any time. Tooele City will make reasonable effort to include coverage in negotiations with 2nd party insurance carriers; however, if such carriers refuse to provide coverage on terms deemed reasonable by Tooele City, or if coverage is not available, the provisions below are subject to change and may impact past, current, and future retirees. If coverage lapses or changes, Tooele City will make reasonable effort to notify affected retirees.
E. RETIREE SICK LEAVE CONVERSION
|Hours of Sick
Leave at Retirement
|Converted Cash Payout||Convert to Purchase Years Under the Utah State Retirement System, if applicable|
|0-250 Hours||(# Hours * .05) *Hourly Rate at retirement||(# Hours * .20) *Hourly Rate at time of payment|
|251-400||(# Hours * .07) *Hourly Rate at retirement||(# Hours * .25) *Hourly Rate at time of payment|
|400-600||(# Hours * .10) *Hourly Rate at retirement||(# Hours * .30) *Hourly Rate at time of payment|
|601-1000||(# Hours * .15) *Hourly Rate at retirement||(# Hours * .35) *Hourly Rate at time of payment|
|1001-1500||(# Hours * .20) *Hourly Rate at retirement||(# Hours * .40) *Hourly Rate at time of payment|
|1501-2000||(# Hours * .25) *Hourly Rate at retirement||(# Hours * .45) *Hourly Rate at time of payment|
|2000+up to a maximum of 2500||(# Hours * .30) *Hourly Rate at retirement||(# Hours * .50) *Hourly Rate at time of payment|
3. Special Requirements if Converting to Buy Years to Retire -
a. Retirees may provide Tooele City with documentation from the Utah Retirement Office (URS) substantiating their desire to purchase years for the purpose of retiring at a specified date. When such documentation is provided and intent to retire is official, the employee may convert his/her sick leave to a cash payment, contingent upon employee purchasing years and retiring as specified in the documentation. Payment is made to the employee within the time period required by the URS Office and the employee then remits payment to the URS office. Employee are encouraged to consult with a tax advisor and the URS office about the possibility of deferring this payment to a URS 401k plan and the possibility of in-service transfer from plan to plan at the URS level.
b. If the employee fails to retire as committed, the employee is responsible for reversing such payment within 2 weeks and will be responsible for any taxes, fees, penalties, etc. incurred to do so.
Consistent with Utah Code Title 54, Chapter 21, Mental Health Resources for First Responders, Tooele City provides mental health resources through our Employee Assistance Program (EAP) benefits to eligible first responders and the spouses of retired first responders (Example: crime scene tech, police officers, full-time firefighter, forensic) who have retired from Tooele City on or after May 15, 2022 for three years from the date of retirement. If mental health resources are requested thereafter, Tooele City will provide mental health resources through a peer support specialist who is qualified to provide peer support services under the Act for up to three years following the request.
A. GIFTS, PRIZES & AWARDS
(6) Free gift items that come with a purchase if that purchase was made on behalf of the City.
Tooele City provides certain “perks” and benefits to employees working at the Aquatic Center as a recruitment and retention initiative.
Tooele City provides certain “perks” and benefits to employees working at the Oquirrh Hills Golf Course as a recruitment and retention initiative.
Pending available funding, eligible employees may receive financial reimbursement for education and POST Academy as follows:
(e) Reasonably priced materials which will assist a disabled employee (Special consideration will be made in compliance with the EEO/ADA policy);
b. Sworn Law Enforcement Officers are eligible for reimbursement under this program after having served as a sworn law enforcement officer for Tooele City for two (2) years (includes FTO time).
In order to extend to employees of Tooele City and to the dependents and survivors of such employees the basic protection accorded to others by the old-age and survivors insurance system embodied in the Social Security Act, Tooele City participates in such Act under a plan approved in 1951 pursuant to Utah Code Title 67, Chapter 11, and as directed by the Utah State Social Security Agency. Employees are required to contribute with respect to their wages an amount not exceeding the amount of tax which would be imposed by the Federal Insurance Contributions Act (FICA). Tooele City shall deduct such contribution from each employee’s wages as and when paid. Tooele City shall contribute a matching amount into the contribution from each employee’s wages as and when paid. Tooele City shall contribute a matching amount into the contribution fund and pay such contributions to the Internal Revenue Service in accordance with the FICA provisions in the Internal Revenue Code.
It is Tooele City’s policy to pay for and/or reimburse reasonable expenditures incurred by employees on authorized travel consistent with this Section and applicable government regulations.
The following expenses are eligible for reimbursement by submitting a Tooele City Expense Report with any required receipts or supporting documentation.
|Conference registration fees||Yes||No|
|Commercial airline fare, limited to tourist or economy fare. First class fare is reimbursable when tourist or economy fare is not available between specified points.||Yes||No|
|Railway, bus, or boat fare, limited to coach fare plus necessary lower berth or roomette. First class fare is reimbursable when coach is not available.||Yes||No|
|Mileage reimbursement for use of personal vehicle at the rate set by the finance department and approved by the Mayor but not to exceed the mileage allowance established by the IRS.||No||No|
|Reimbursement for reasonable gas expenses for personal cars in lieu of a mileage reimbursement||Yes||No|
|Lodging, limited to actual costs.||Yes||Any amount that exceeds the IRS allowance for the respective location is taxable.|
|Road charges, parking fees, storage charges, emergency repairs, and similar items for City-owned vehicles||Yes, if available||No|
|Charges for car rental or similar services but only upon advance approval by the Mayor||Yes||No|
|Reasonable taxi, shuttle, and similar transportation charges||Yes||No|
F. NON-SPECIFIED EXPENSES
Reimbursement for expenses not specified in this Section require the Mayor's approval and receipts.
G. SPECIAL RULES FOR ROOM SHARING
For risk management purposes, Tooele City prefers that employees not share rooms. However, there may be circumstances when housing accommodations are paid by grants or other agencies and room sharing may be a condition of such funding. A supervisor may not share a hotel room with an employee nor may male/female employees share a room unless both are married or cohabitate with one another. Suite arrangements, when more cost effective, are considered on a case-by-case basis with risk management and privacy concerns being a priority.
H. TRAVEL ADVANCE
Employees may receive a travel advance up to the anticipated travel expenses. Unused funds, an itemized account of all expenses, and any required receipts must be returned to the City within one week of travel completion.
I. TRAVEL TIME
For purposes of this Section, employees are paid for all travel time unless it is overnight in which case employees are paid for all hours while engaged in actual travel and actual City business. Once the employee has arrived at the destination, hours worked include those while the employee is performing City business and does not include personal time (i.e. evenings, meal periods, or optional conference activities not directly related to the conference subject matter.) Time zone changes must be taken into consideration when determining actual hours worked.
J. TELEPHONE CALLS
The City will pay for one reasonable length telephone call (not to exceed 10 minutes) to call home for each night out of town. Calls should be made on City cellular phones or charged to the room and reimbursed with the room charges. Costs for additional personal calls or exceeding the allowed time limit are the employee's responsibility.
K. ALTERNATIVE TRAVEL ARRANGEMENTS YIELDING COST SAVINGS
The City recognizes that circumstances may arise where management may approve alternative travel arrangements or reimbursements provided that doing so results in an overall cost savings and does not exceed IRS allowed non-taxable travel limits. For example:
A. NOTIFICATION OF LOSS:
Any employee who is responsible for, has access to, or has been given possession of city property or funds shall immediately notify the department head of the loss of , or inability to account for such property or funds. Also, any other employee who is aware of such a loss, irrespective of who may be the responsible party, shall also notify their department head of the loss.
B. COVERAGE BY BOND:
Upon discovering a loss of property or funds or upon receiving such notice from another person, the department head shall immediately notify the city attorney and police department. If the attorney determines that the loss is one that may be covered by the city’s public employee bond, the attorney shall cause that notice of the loss, or facts indicating that a loss has occurred, be immediately given to the city’s insurance carrier by certified mail.
The city attorney and police department shall jointly conduct an investigation of the facts surrounding any loss. The results of the investigation shall be forwarded to the mayor.
A. NO PERSONAL USE OF CITY RESOURCES UNLESS SPECIFICALLY ALLOWED
Employees may not use City resources, such as funds, property, labor, services, tools, and equipment, for their own personal use or for the private advantage of any other person, unless:
B. ACCEPTABLE DE MINIMIS OR INCIDENTAL USE
There are limited circumstances where de minimis and incidental use of some City property, tools, or equipment during the course of a work day may occur and may be reasonable. “Incidental use” is intended to mean that the use is so infrequent and incurs so little cost that tracking it would be unreasonable. For example, an employee may use a City telephone to make a local phone call, an employee may make a personal note on a piece of paper or use tape to hang up a family photo, or the employee may stop at a store to purchase a drink or deposit a check in a City vehicle while on break. Such de minimis or incidental use is generally acceptable provided that the use:
5. does not involve illegal activity; and,
A. PURCHASING POLICY
Employees shall follow the approved Tooele City Purchasing Policy which is available through the designated City purchasing agent.
B. PURCHASES BY DECEPTION
Employees may not use Tooele City’s tax-exempt ID number for their private, personal use or benefit.
Tooele City may have established discounts or special rates with vendors. These are preserved for the City’s business use. Employees may not request nor accept such discount for their own private, personal purchases or services, nor may they deceive the vendor by giving the impression that the purchase or service is for the use or benefit of Tooele City. If an employee identifies an error that was made (i.e. a City discount was applied to a purchase that was made for their personal use), the employees is expected to promptly notify their supervisor and to correct the vendor’s error.
See Section 31: Gifts, Prizes, Awards, Wellness/Recreation, & Discounts herein this Manual for applicability of discounts provided to employees as part of the City’s benefit or “perks” programs.
Any person violating this Section may be subject to disciplinary action up to and including dismissal.
Requests for reimbursement must be accompanied by an original receipt and written explanation stating the authorized, City-related business purpose for the expenditure. If original receipts are unavailable, the employee may submit a signed statement, approved by the department head, indicating all information normally contained on a receipt. If purchases were not authorized, the City may deny reimbursement.
The purpose of Section is to:
(2) Tooele City and/or Tooele City’s general liability insurance provider or agents reserve the right to request and review at any time, the driving records of any prospective or current driver and to revoke driving privileges for Tooele City at any time.
(3) Drivers may be asked to complete an annual License Certification and Self-disclosure Report of any accidents, violations, driving records, traffic convictions and forfeitures; or pleas in abeyance. Failure to do so may result in revoking of driving privileges.
(4) Authorized drivers who incur an at-fault accident or violation, on- or off-duty, must notify his/her supervisor by the beginning of the next shift. For serious violations such as alcohol related violations, driving while impaired, refusal to test, or evading an officer, the driver must also immediately discontinue operation of the City vehicle or personal vehicle for business purposes, and not drive until being notified of the status of his/her continued driving privileges. Failure to do so may result in disciplinary action, up to and including dismissal.
(5) Authorized drivers whose driver’s license is revoked or suspended must notify his/her supervisor by the beginning of the shift immediately following the revocation and must immediately discontinue operation of the City vehicle or personal vehicle for business purposes. Failure to do so may result in disciplinary action, up to and including dismissal. Employees are responsible for knowing if their license is valid and for keeping their address and other records current with the Utah Driver’s License Division.
C. VEHICLE ACCIDENTS
D. TICKETS & FINES INCURRED WHILE WORKING
Tickets and fines incurred by a City driver due to incidences that were within the employee’s control are paid by the employee not Tooele City.
E. DRIVER SAFETY RULES
The following is not an exclusive list of rules relating to driver safety but represents some of the more common requirements applicable to our workforce. Exceptions apply to public safety vehicles. The Tooele City Police Department Policies & Procedures outline rules relevant to their driver safety standards.
6. Distracted Driving. Drivers may not engage in distractions while driving such as texting, operating electronic devices unless carrying out official duties (such as police officers), eating, applying makeup, etc.
7. Securing Vehicle/Unattended Vehicles. Drivers are responsible for the security of assigned vehicles. No vehicle may be left unattended with keys in the ignition unless required for their job and only if the door is locked and a second set of keys is used. When a vehicle is otherwise left unattended, the vehicle engine should be shut off, ignition keys removed, and vehicle doors locked.
8. Securing Loads. Drivers are responsible for securing any load or materials transported in or by a City vehicle.
Employees have no expectation of privacy in City vehicles because they are City property. The City reserves the right to search City vehicles at any time, for any purpose, at any location, with or without notice.
G. GLOBAL POSITIONING SYSTEM (GPS)
The City reserves the right to install GPS or other monitoring devices on City vehicles at any time, for any purpose, with or without notice. Employees may not tamper with any GPS or tracking device.
H. AUTHORIZED PASSENGERS
Passengers are limited to individuals who need to ride in the City vehicle to conduct City business. Children, family members, friends, etc. are not permitted to ride in City vehicles unless there is a business-related necessity.
d. Sworn police officers and authorized firefighters are allowed to have passengers in their police or fire command vehicle subject to their respective department Policies & Procedures.
A. CITY’S RIGHT TO AMEND
Tooele City reserves the right to add or change any or all policies contained in this Manual pursuant to this Section. Although Tooele City desires to openly communicate with employees and provide advanced notice of proposed changes, such changes may be done without prior notice to the affected employee(s) when deemed necessary or otherwise appropriate for the efficient operation of the City.
B. AMENDMENT PROCEDURE
When amended pursuant to this Section, the policies and procedures in this Manual, as amended, supersede all prior Tooele City Corporation policies, procedures, or practices, and all other statements or commitments, oral or written, either express or implied except for those contained in a written contract signed by the employee and the Mayor.
Any and all provisions contained herein are subject to the City’s budget limitations and restrictions and shall not overspend the City budget.
If any Section of these policies and procedures is found to be invalid, that finding will not invalidate the other sections of the policies and procedures.
|91-06||An Ordinance adopting a New Tooele City Personnel Policies and Procedures Manual Effective August 21, 1991|
|92-06||An ordinance Repealing Section 9F and adopting Section 4H of the Tooele City Personnel Policies and Procedures Manual Effective February 11, 1992|
|94-07||An Ordinance adopting Section 26P and Related Forms for the Tooele City Personnel Policies and Procedures Manual Effective February 2, 1994|
|95-12||An Ordinance adopting Section 11: Retirement Part F to provide for single retiree medical coverage for one year for every five years of service. Effective June 17, 1995|
|98-19||An Ordinance adopting Section 0: Disclaimer, amending Section 1: Equal Employment Opportunity and Americans with Disabilities, amending Section 2: Hiring, amending Section 40: Amendment of Policies and Procedures, and amending Appendix A: Forms Effective July 1, 1998|
|98-28||An Ordinance amending Section 16: Sexual Harassment, amending Section 32: Training and Educational Assistance, and amending Appendix A: Forms Effective September 1, 1998|
|99-17||An Ordinance adopting Section 43: Domestic Violence. Effective September 1, 1999|
|2000-05||An Ordinance amending Section 17: Drug-Free Workplace and amending Appendix A: Forms Effective April 5, 2000|
|2000-19||An Ordinance amending Section 11: Retirement, Section 26: Sick Leave, Section 36: Use of City Equipment and Facilities, and Appendix A: Forms|
|2001-07||An Ordinance amending Sections: 3: Job Classification, 4: Employment Status, 5: Employment Status Change, 7: Work Hours, 9: Compensation, 10: Salary Advancement & Employee Appraisal, 12: Discipline, 34: Travel, and 40: Amendment of Policies and Procedures, and amending Appendix A: Forms. Effective July 1, 2001|
|2001-32||An Ordinance correcting typing errors in Section 9: Compensation and Section 17: Drug-Free Work Place. Effective November 2001|
|2003-16||An Ordinance revising: Section 4: Employment Status & Benefits Eligibility, Section 9: Compensation, Section 24: Annual Leave, Section 26: Sick Leave, Section 25: Funeral Leave, Section 27: Leave of Absence, Section 32: Training & Educational Assistance, and Section 38: Purchases & Reimbursements. Appendix A: Forms was also updated to reflect current forms in use. Effective July 2003|
|2003-16A||An Ordinance renaming: Section 29: Benefits and restating the policy to reflect current administrative activities and updates to legally required COBRA notices. This incorporated Section 30: Flexible Spending Plan and Section: 31 401K Plan. These Section numbers are now blank. The Ordinance also implemented Section 12: Computer Systems, Internet, and Electronic Mail. Effective January 2004|
|2004-13||An Ordinance changing Section 2: Hiring, Section 9: Compensation, and Section 23, Holidays. Effective November 2004|
|2005-02||An Ordinance revising Section 7: Work Hours and Compensation to reflect a change in the pay period for sworn police officers from 80 over a 14-day period to 84 over a 14-day period. Revising Section 9: Compensation to reflect change in police pay period, approval of over-time or compensatory-time for exempt employees when wages are reimbursed by another agency; changes in compensation policy for disciplinary demotions and medical related demotions; and administrative changes. Changes Section 13: Grievance to clear up administrative issues and made changes to comply with revisions in Utah State law. Section 27: Extended or Intermittent Leave revised to clarify intermittent leave for birth or placement of a child as well as use of compensatory time. Policies in general were approved effective January 2005. Provisions that change the police pay period were changed with an effective date of February 6, 2005.|
|2005-12||An Ordinance revising: Section 4: Employment Status & Benefit Eligibility; Section 6: Nepotism; Section 29: Benefits; and Section 36: Use of City Equipment and Facilities.|
|Sept. 2005||Personnel Policies and Procedures were reprinted. Section 11: Retirement was renumbered to Section 30 and Section 43: Domestic Violence was renumbered to Section 11.|
|2005-20 A||An Ordinance revising Section 15: Political Activity to remove the mandate that a City employee take a leave of absence from employment following the primary election. Effective September 2005|
|2008-14 A||An Ordinance revising several Sections of the Manual: Section 0 Disclaimer. Renamed “About this Manual;” Section 1 Equal Employment Opportunity Statement; Section 2 Hiring. Renamed “Hiring & Job Assignments;” Section 4 Employment Status and Benefit Eligibility, Renamed “Employment Status, Independent Contractors, & Volunteers;” Section 5: Discipline, Renamed “Corrective Action, Discipline, and Separation;” Section 6: Nepotism; Section 7: Work Hours and Attendance, Renamed “Work Hours, Period, & Attendance;” Section 10: Performance Reviews; Section 24:
Annual Leave; Section 26: Sick Leave; Section 27: Extended or Intermittent Leave (FMLA), Renamed “Family and Medical Leave Act and City Approved Leave of Absence” and updated to comply with 2008 amendments to the Family and Medical Leave Act specifically regarding FMLA expansion for military related absences; Section 29: Benefits. Changes 401K employer contribution calculation for employees in the Non-contributory retirement plan; and, Section 30: Retirement & Retiree Benefits. Editorial revisions including an updating cash-out table due to changes in Utah State Retirement law. Effective December 22, 2008
|2011-08||An Ordinance revising several sections of the Manual: Section 0: About This Manual. Section 1: Equal Employment Opportunity Statement. Section 3: Job Descriptions and Classification was repealed and data pertaining to job descriptions was moved to Section 9: Compensation. Section 4: Renamed Independent Contractors, Volunteers, and Employee Status. Data pertaining to FLSA definitions was moved to Section 9: Compensation. Removed paragraph regarding Civil Service & Applicability. Changed orientation period to 12 months from hire (or completion of FTO for sworn officers) rather than 6 months. Section 7: Renamed Work Schedules and Attendance. Data pertaining to Work Period was moved to Section 9: Compensation. Communicates some of the responsibilities employees have in regards to attendance and punctuality. Section 9: Compensation. Incorporated data currently included in Section 3: Job Descriptions and Classification; Incorporated some of the data currently included in Section 7: Work Hours & Attendance. This was the data that defined Tooele City’s work period which relates to compensation and payroll processing. Narrative on Tooele City’s compensation philosophy; Included policy for “market adjustments when deemed necessary and practical”; Incorporated narrative to clarify how sworn police officers record their hours worked when the shift spans over two calendar days; Adjust for Time Report policy guidelines; Defined De Minimis Work time; Made changes to compensatory time policy including carry over, use requirements, and other provisions
that were barriers to winter work; Updated policy regarding interplay of comp-time and FMLA to reflect the legal changes in the FMLA so Comp-time can now run concurrently with FMLA, if applicable; Better defined call-out policy requirements and included clarification on call-out provisions including how travel time is paid if an employee is called out to work; Better defined on-call policy and response reporting requirements; Clarified time recording requirements due to technological devices such as when using blackberry phones, access to work at home, etc. Section 37: Garnishments. Repealed. Section 40: Amendment of Policies and Procedures. Notice of right to amend and applicability of prior policies, procedures, or guidelines was moved from Section 0 to this Section. Effective March 3, 2011
|2011-11||An Ordinance revising Section 9: Compensation, Section 29: Benefits, and Section 30: Retiring & Retiree Benefits. Clarifies how pay is adjusted for involuntary demotions due to reduction in force. Clarifies that call-out premium pay does not apply to temporary, seasonal, and substitute employees. Changes policy so that call-out premium pay is no longer paid to part-time regular employees. Updates policies to reflect changes in benefits due to various changes in law including healthcare reform and Tier 2 Pension Plans.|
|2013-12||An Ordinance revising Section 4: Employee Classifications, Independent Contractors & Volunteers; Section 9: Compensation; Section 13: Grievance; Section 16: No Harassment & No Retaliation; Section 24: Annual leave; Section 25: Funeral; Section 26: Sick Leave; Leave; and Section 29: Benefits. Many of the changes were due to PPACA (Healthcare Reform Laws) and changes to benefit package. Effective July 1, 2013|
|2016-01||An Ordinance revising Section 1: EEO, Section 5: Corrective Action, Discipline, & Separation; Section 6: Nepotism; Section 12: Computer Systems, Internet, and E-mail; Section 13: Grievance; Section 16: No-Harassment & No-Retaliation; Section 22: Administrative Leave; Section 27: FMLA & City LOA; Section 30: Retiring & Retiree Benefits; Section 31: Gifts, Prizes, Awards, Wellness/Rec Card, & Discounts; Section 34: Travel; and Section 36: Driving & City Vehicles. Effective January 11, 2016|
|2016-19||An Ordinance revising Section 1: EEO & Workplace Accommodations, Section 9: Compensation, Section 29: and Benefits, Section 34: Travel. Effective November 17, 2016 except Section 29 revision is effective January 1, 2017|
|2018-20||An Ordinance revising Section 2: Hiring; Section 6: Nepotism; Section 9: Compensation, Section 17: Drug-Free Workplace; Section 23: Holidays; Section 25: Funeral Leave; Section 29: Benefits; Section 31: Gifts, Prizes, Awards, Wellness/Recreation Card & Discounts; and Section 32: Training & Educational Assistance. Also repealed Section 11: Domestic Violence. Effective October 2018, except that police payroll and benefit changes become effective December 2, 2018.|
|2021-34||An Ordinance revising Section 2: Hiring; Section; 9: Compensation adding a phone allowance option and updating severance pay provisions for appointed employees; Section 17 Drug & Alcohol Free Workplace to address legal use of medical cannabis and changing pre-employment drug screening to safety sensitive and CDL drivers only; Section 23: Holidays adding the day after Thanksgiving as a paid holiday; Section 24: Annual Leave changing the max payout and removing the new employee payback requirement; Section 29: Benefits with editorial updates; Section 38: Purchases & Reimbursements; and Section 39: Driving & City Vehicles to add GPS system to vehicles and updating the commute list. Effective November 1, 2021|
|2022-16||An Ordinance revising Section 12: Computer Systems, Internet, and E-mail; Section 23: Holidays to add National Freedom Day; Section 25: Funeral Leave to add miscarriage to list and retitle Section to Bereavement & Funeral Leave; Section 29: Benefits changing City Council Tier 2 Equalization Benefit amount, eliminating the PS Tier 2 Enhanced Benefit, Increasing the PS Tier 2 Pick-up Election with URS, and edits for URS firefighter benefit programs; Section 30: Retiring & Retiree Benefits removing the option to convert sick leave for insurance premiums and new retirees ability to remain on the City’s Group Insurance past their Earned Premium Credit period, and add public safety mental health benefit for public safety retirees pursuant to change in Utah State law.|
|2022-39||An Ordinance adding Section1 Ethics & Conflicts of Interest and renumbering Section 1, 2, and 3; makes editorial revisions to Section 5: Corrective Action, Discipline, & Separation; edits Section 9: Compensation to implements holiday buy-back for sworn law enforcement officers working patrol; edits section 13: Grievance for grammatical errors; rewrites Section 14: Outside Employment; Edits Section 23: Holidays to address when the patrol buy-back applies; and edits Section 39: Driving & City Vehicles to add provision for fire personnel personal use of City vehicles and makes grammatical edits.|
|2023-24||An Ordinance revising Section 2: Equal Employment Opportunity & Workplace Accommodations noting City compliance with new legislation: Federal Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act; Section 14: Outside Employment editorial revisions; Section 29: Benefits removes part-time Council Members’ ability to participate in the Tooele City Group Health or Waiver program; clarifies hour calculation for variable hour employees Patient Protection and Affordable Care Act (PPACA) eligibility to include all hours paid (even if not worked); adds cash-in-lieu/waiver information to policy and makes editorial revisions to Section 125 plan narrative; adds information regarding Health Savings Plan
(HSA) eligibility and employer contributions; makes revisions to the Utah Retirement System benefit regarding Tier 2 benefit protection contracts to comply with Utah State law requiring benefit protection for sworn police officers and firefighters whose line-of duty long-term disability benefits extend beyond workers compensation, if applicable; and, includes information regarding eligibility for exemption from vesting requirements of the Tier 2 plan for certain eligible employees; and Section 30: Retiring & Retiree Benefits modifying the Public Safety Mental Health Retiree Benefit provision due to changes in Utah Code Title 54, Chapter 21 passed in the 2023 legislative session. Effective June 25, 2023