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Home My WebLink About 13-40 Approving New Employee HandbookRESOLUTION NO. It �L Q A RESOLUTION APPROVING A NEW EMPLOYEE HANDBOOK FOR THE TOWN OF FIRESTONE AND DELEGATING TO THE TOWN MANAGER AUTHORITY TO MAKE CHANGES TO THE POLICIES CONTAINED IN THE HANDBOOK WHEREAS, the Town of Firestone previously adopted the Town of Firestone, Colorado Personnel Policy Manual, dated January 1, 2011, which Manual has been amended from time to time by resolution of the Board of Trustees; and WHEREAS, the Town Manager and Human Resources Director have presented to the Board of Trustees an updated Employee Handbook for the Town, which Handbook has been developed with assistance, input and comments from the Town's department heads, supervisors, staff, and other interested persons; and WHEREAS, the Board of Trustees has reviewed the Town's current and proposed personnel policies and finds it is in the best interest of the Town and its employees to adopt a new Employee Handbook for the Town; and WHEREAS, the Board of Trustees finds that the proposed Employee Handbook will serve to further inform employees of Town personnel policies of general applicability, and that current and sound personnel policies are an essential part of recruiting and retaining excellent employees and extending high quality services to the public; and WHEREAS, the Board of Trustees further finds that authority to make changes to the policies contained in the Employee Handbook should be delegated to the Town Manager, who is responsible for oversight and control of personnel and related matters; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town of Firestone Employee Handbook dated September 1, 2013, a copy of which is attached hereto, is hereby approved and adopted by the Board of Trustees. Section 2. This Resolution and the Employee Handbook attached hereto shall take effect September 1, 2013. All employees of the Town shall be provided a copy of such Employee Handbook and shall sign an acknowledgment and receipt therefor. Section 3. The Town of Firestone, Colorado Personnel Policy Manual, dated January 1, 2011, and any amendments thereto are hereby rescinded effective September 1, 2013. Section 4. The Town Manager is hereby authorized and delegated the authority to make changes to the policies contained in the Employee Handbook adopted by this Resolution without necessity of Board approve thereof; provided, however, that the foregoing shall not limit the authority of the Board to repeal any such change by appropriate ordinance or resolution. Any changes promulgated by the Town Manager will be in writing, and all employees of the Town shall be provided a copy of such change(s) and shall sign an acknowledgment and receipt therefor. INTRODUCED, READ, and ADOPTED this j day of V , 2013. TOWN OF FIRESTONE, COLORADO S T04 t. TOWN ti Chad Auer ® Mayor ?® 0i IT ATTEST: �' ''••. 7-Y. sa M dina Town Clerk FIRESTONE A COMMUNITY IN MOTION Town of Firestone Adopted Effective September 1, 2013 Table of Contents LEGAL STATEMENT AND DISCLAIMER...........................................................................................................1 PURPOSE AND INTENT OF THE EMPLOYEE HANDBOOK..... Emammam aging geese 0 so Nam plan 9 ones a Masada Ratings am ff ff ff MEE ff ff man wavolesma 3 PURPOSE, INTENT, AND COVERAGE...................................................................................................................................... 3 ADDITIONS, DELETIONS, AND CHANGES.............................................................................................................................. 3 EQUAL EMPLOYMENT OPPORTUNITY...........................................................................................................4 EEO/HARASSMENT POLICY.. ass a ass 1222 am mass mad a said ME 0 0 0 a a Sato MEN data am 0 0 0 0 0 6 6 6 saws 4 ADA AND RELIGIOUS ACCOMMODATION............................................................................................................................. 4 EEOHARASSMENT.................................................................................................................................................................. 4 SEXUALHARASSMENT............................................................................................................................................................. 4 COMPLAINTPROCEDURE,. 0 0 0*4 *1 ON ass No INS a am a 0 0 am 0 2 am 0 2 a men 0 a MRS 0 0 0 0 0 282 men 0 0 0 6 6 0 6 a Twos 5 Is oleo 4 am* 0 MR a ass amass MEE 0 Mao 0 0 0 0 0 ass a a am 0 am as Mao 5 ass Oro ass 0 5 5 0 0 amasses seems 0 0 am mat ass 5 RECRUITMENT AND SELECTION OF EMPLOYEES....................................................................................... 6 IMMIGRATION LAW COMPLIANCE............ MOORS 6 EMPLOYMENT OF RELATIVES AND WORKPLACE RELATIONSHIPS.................................................................................. 6 Purpose......................................................................................................................................................................................... 6 Definitions................................................................................................................................................................................... 6 Procedure.................................................................................................................................................................................... 7 VACANCIES................................................................................................................................................................................ 8 APPLICATIONPROCEDURE..................................................................................................................................................... 8 TRANSFEROF EMPLOYEES..................................................................................................................................................... 8 EMPLOYEESTATUS............................................................................................................................................... 9 FULL—TIME................................................................................................................................................................................ 9 PART—TIME............................................................................................................................................................................... 9 TEMPORARY.............................................................................................................................................................................. 9 NON—EXEMPT EMPLOYEES AND EXEMPT EMPLOYEES (FLSA) ...................................................................................... 9 PERSONNELRECORDS....................................................................................................................................... 10 PERSONNELRECORDS...........................................................................................................................................................10 PAY PRACTICES AND PERFORMANCE EVALUATIONS............................................................................11 SALARYINCREASES�CHANGES............................................................................................................................................11 EMPLOYEE PERFORMANCE EVALUATIONS........................................................................................................................11 EMPLOYEEWORK TIME................................................................................................................................... 13 WORKTIME POLICY..............................................................................................................................................................13 EMPLOYEECLASSIFICATIONS...............................................................................................................................................13 OvertimePay..........................................................................................................................................................................14 CompensatoryTime...........................................................................................................................................................14 Emergency Overtime Pay for Exempt Employees............................................................................................14 COMPENSATORY TIME/OVERTIME PAY POLICY..............................................................................................................14 H0LIDAYS ................................................................................................................................................................................15 CALL-OUT................................................................................................................................................................................15 LEAVES.................................................................................................................................................................... 17 PAIDHOLIDAYS......................................................................................................................................................................17 REQUESTSFOR TIME OFF. am elm a a a am 0 am 0 as 0 0 am 0 Sams 0 0 5 0 0 0 6 0 6 5 0 owes mass 0 10 Nam soil 0 a Roma men 0 a a am am 0 as gas sea no 0 too 0 am saw 0 0 0 am V 0 at 02 0 am a atlas a ass a ate a ME ME am 0 am 0 BEEN Owego PAIDTIME OFF (PTO) .........................................................................................................................................................18 Employee Handbook —September 1, 2013 Table of Contents PARENTAL INVOLVEMENT LEAVE.......................................................................................................................................19 FAMILY AND MEDICAL LEAVE ACT LEAVE (FMLA LEAVE)... ff mile BRIG I sea antis arm 2 0 MilitaryFamily Leave 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EmployeeResponsibilities..............................................................................................................................................22 TheTown's Responsibilities..........................................................................................................................................23 UnlawfulActs.........................................................................................................................................................................23 Enforcement............................................................................................................................................................................ 23 COLORADOFAMILY CARE ACT.............................................................................................................................................23 DISCRETIONARY LEAVE OF ABSENCE WITHOUT PAY (NON-FMLA)...........................................................................23 BEREAVEMENTLEAVE..........................................................................................................................................................24 COURTLEAVE/JURY DUTY................................................................................................................................................... 24 VOTINGTIME.......................................................................................................................................................................... 25 DOMESTIC ABUSE LEAVE... 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Employee Handbook -September 1, 2013 Table of Contents DISCIPLINE.............................................................................................................................................................................. 40 PROBLEM RESOLUTION....... loss Balsocamma Basil asset mass Bias Roffas ORSI a a glass wwwwomm wommazz EREEMANNAmata &&gloom Segal seems 86*aswgo 40 TERMINATION........................................................................................................................................................................40 APPEALPROCEDURES........................................................................................................................................................... 41 SEPARATION FROM EMPLOYMENT.............................................................................................................. 42 RESIGNATION. . a a 2 9 E 0 w 9 9 a A a 0 0 a K w 2 2 0 ft ff a 0 a a 0 0 a 0 9 a I a a 8 0 so a a 9 a a a a a w I a a 9 0 0 0 9 a a 0 0 a 19 9 a a a a a a 0 0 8 0 w a a 0 0 0 0 0 0 a I a v 0 A a E a a 0 0 2 0 a 0 0 a w t a * a & a a a t I ff a 0 a 0 a a I a 9 a R a R a 0 a a a 0 a 10 * a R a R w 0 12 0 0 a a w A 2 0 w a E a * t a a 6 0 0 a I t I a 42 RETIREMENT..........................................................................................................................................................................42 ACKNOWLEDGEMENT OF RECEIPT....... seems &&1110 RWI seeffellis goods ffiffawmafftattaom test Matteis BRI me Employee Handbook -September 1, 2013 Table of Contents Employee Handbook —September 1, 2013 Table of Contents TOWN OF FIRESTONE, COLORADO EMPLOYEE HANDBOOK LEGAL STATEMENT AND DISCLAIMER IT IS THE RESPONSIBILITY OF EACH TOWN EMPLOYEE TO KEEP, READ, BECOME FAMILIAR WITH, AND ABIDE BY THE TOWN OF FIRESTONE EMPLOYEE HANDBOOK (`EMPLOYEE HANDBOOK") AND ALL FUTURE UPDATES AND AMENDMENTS TO SAME, ALL EMPLOYEES AND POTENTIAL EMPLOYEES OF THE TOWN ARE HEREBY ADVISED THAT: - NOTHING IN THE EMPLOYEE HANDBOOK IS, OR IS INTENDED TO BE, AN EXPRESS OR IMPLIED CONTRACT OR A PROMISE OF EMPLOYMENT BETWEEN THE TOWN AND ANY EMPLOYEE OR PERSON OFFERED EMPLOYMENT. - EMPLOYMENT WITH THE TOWN IS CONSIDERED AT -WILL; EMPLOYMENT BY THE TOWN IS NOT FOR A DEFINITE PERIOD, AND EITHER THE EMPLOYEE OR THE TOWN MAY TERMINATE EMPLOYMENT AT ANY TIME WITH OR WITHOUT ADVANCE NOTICE. - NOTHING IN THE EMPLOYEE HANDBOOK GRANTS, OR IS INTENDED TO GRANT, ANY EXPRESS OR IMPLIED RIGHT TO CONTINUED EMPLOYMENT OR TO EMPLOYMENT OF ANY SPECIFIC DURATION. - NOTHING IN THE EMPLOYEE HANDBOOK LIMITS, OR IS INTENDED TO LIMIT, THE TOWN'S RIGHT TO DISCHARGE ANY OF ITS EMPLOYEES. - THE PROVISIONS OF THE EMPLOYEE HANDBOOK ARE NOT ALL-INCLUSIVE AND ARE NOT PROMISES; RATHER, THEY ARE GUIDELINES AND A SUMMARY OF INFORMATION RELEVANT TO EMPLOYEES. - THE TOWN MANAGER MAY MAKE CHANGES TO POLICIES CONTAINED IN THE EMPLOYEE HANDBOOK WHICH CHANGES SHALL BE IN WRITING AND TAKE EFFECT UPON THE DATE SPECIFIED THEREIN. THE BOARD OF TRUSTEES SHALL BE NOTIFIED OF SUCH CHANGES NO LATER THAN FIFTEEN (15) DAYS PRIOR TO THE CHANGE TAKING EFFECT. - THERE IS NO GUARANTEE OF EMPLOYMENT FOR ANY SPECIFIC DURATION. NO REPRESENTATIVE OF THE TOWN OF FIRESTONE, OTHER THAN THE TOWN MANAGER, HAS AUTHORITY TO ENTER INTO AN AGREEMENT OF EMPLOYMENT FOR ANY SPECIFIED PERIOD AND SUCH AGREEMENT MUST BE IN WRITING, APPROVED BY THE BOARD, AND SIGNED BY THE TOWN MANAGER AND THE EMPLOYEE. Employee Handbook —September 1, 2013 - THE TOWN HAS AND RESERVES THE RIGHTS TO AMEND, ALTER OR ELIMINATE ANY BENEFITS PROVIDED TO EMPLOYEES; TO DETERMINE APPLICATION OF THESE POLICIES TO SPECIFIC CIRCUMSTANCES; TO REVISE OR RESCIND THESE POLICIES AT ANY TIME, WITH OR WITHOUT NOTICE, AND TO MAKE ANY SUCH AMENDMENT, ALTERATION, ELIMINATION OR REVISION APPLICABLE TO THEN -CURRENT AS WELL AS FUTURE EMPLOYEES. EACH PERSON EMPLOYED BY THE TOWN MUST SIGN AN ACKNOWLEDGMENT AND RECEIPT CONFIRMING RECEIPT OF THE TOWN'S EMPLOYEE HANDBOOK AND ACKNOWLEDGING THE MATTERS SET FORTH ABOVE. Employee Handbook —September 1, 2013 2 Purpose and Intent of the Employee Handbook Purpose, Intent, and Coverage The Town of Firestone, hereafter referred to as "Town," recognizes that sound personnel policies are an essential part in the process of extending high quality services to the public. The purpose of this handbook is to inform employees of the Town's personnel policies of general applicability. This handbook has been adopted by the Firestone Board of Trustees to ensure equal application of personnel policies, to assist supervisors and employees, and to make employees aware of policies, procedures and benefits during their employment with the Town. This handbook is not all-inclusive, but addresses those topics most likely to be of interest and assistance to employees in the course of day-Ao-day operations. The policies in this handbook are not intended to supersede the Town's ordinances or other applicable laws; in case of any conflict between these policies and such ordinances or laws, the latter shall prevail. The provisions of this handbook apply to all categories of employees of the Town except as otherwise specified herein or in the Town's ordinances or contracts entered into by the Board. Without limiting the foregoing, the provisions hereof shall apply to the position of Town Manager only with respect to the administration of benefits, consistent with any contracts for such position, and the other provisions hereof, including but not limited to those pertaining to disciplinary actions, appeals, and grievances, shall not apply to such position. Additions, Deletions, and Changes The Town Manager may make changes to the policies contained in this handbook. The proposed changes will be in writing and will be submitted to the Town Board of Trustees no later than 15 days prior to the date the changes are to take effect. Changes to the handbook will be distributed to all employees and all employees shall acknowledge receipt of the new handbook or new handbook provisions. Throughout this handbook references to the "Board" are to the Board of Trustees of the Town. References to the "Town Manager" are to the Town Manager appointed by the Board of Trustees, and references to "Department Head" are to the chief officer of a particular Department of the Town. An employee's supervisor may be a Department Head or another supervisory employee who reports to the Department Head. An employee's direct supervisor is as identified in the Town's job classification for the position. Employee Handbook —September 1, 2013 3 Equal Employment Opportunity EEO/Harassment Policy The Town is dedicated to the principles of equal employment opportunity. The Town prohibits unlawful discrimination against applicants or employees on the basis of age 40 and over, race, sex, color, religion, national origin, disability, genetic information, sexual orientation, veteran status, or any other applicable status protected by state or local law. ADA and Religious Accommodation The Town will make reasonable accommodation for qualified individuals. with known disabilities and employees whose work requirements interfere with a religious belief unless doing so would result in an undue hardship to the Town or a direct threat. Employees needing such accommodation are instructed to contact their supervisor or Human Resources immediately. EEO Harassment The Town strives to maintain a work environment free of unlawful harassment. In doing so, the Town prohibits unlawful harassment because of age 40 and over, race, sex, color, religion, national origin, disability, genetic information, sexual orientation, veteran status, or any other applicable status protected by state or local law. Unlawful harassment includes verbal or physical conduct that has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. Actions based on an individual's age 40 and over, race, sex, color, religion, national origin, disability, genetic information, sexual orientation, veteran status, or any other applicable status protected by state or local law will not be tolerated. Prohibited behavior may include but is not limited to the following: • Written form such as cartoons, e-mail, posters, drawings, or photographs. • Verbal conduct such as epithets, derogatory comments, slurs, or jokes. • Physical conduct such as assault, or blocking an individual's movements. This policy applies to all employees including managers, supervisors, co-workers, and non - employees such as customers, clients, vendors, consultants, etc. Sexual Harassment Because sexual harassment raises issues that are to some extent unique in comparison to other harassment, the Town believes it warrants separate emphasis. The Town strongly opposes sexual harassment and inappropriate sexual conduct. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when: Employee Handbook —September 1, 2013 4 • Submission to such conduct is made explicitly or implicitly a term or condition of employment. • Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment. • Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. All employees are expected to conduct themselves in a professional and businesslike manner at all times. Conduct which may violate this policy includes, but is not limited to, sexually implicit or explicit communications whether in: • Written form, such as cartoons, posters, calendars, notes, letters, e-mail. • Verbal form, such as comments, jokes, foul or obscene language of a sexual nature, gossiping, or questions about another's sex life, or repeated unwanted requests for dates. • Physical gestures and other nonverbal behavior, such as unwelcome touching, grabbing, fondling, kissing, massaging, and brushing up against another's body. Complaint Procedure If you believe there has been a violation of the EEO policy or harassment based on the protected classes outlined above, including sexual harassment, please use the following complaint procedure. The Town expects employees to make a timely complaint to enable the Town to investigate and correct any behavior that may be in violation of this policy. Report the incident to your supervisor, the Human Resources Department Head or the Town Manager so that the matter may be investigated and, as appropriate, corrective action taken. Your complaint will be kept as confidential as practicable. If you prefer not to go to any of these individuals with your complaint, you should report the incident to the Town Attorney. The Town prohibits retaliation against an employee for filing a complaint under this policy or for participating in a complaint investigation. If you perceive retaliation for malting a complaint or your participation in the investigation, please follow the complaint procedure outlined above. The situation will be investigated. If the Town determines that an employee's behavior is in violation of this policy, the Town may impose disciplinary action, up to and inchiding termination of employment. Employee Handbook —September ], 2013 S Recruitment and Selection of Employees The Town of Firestone is committed to attracting and retaining a professional and efficient workforce. Strong consideration is given to qualified candidates who demonstrate a commitment to the fundamental values of the Town, in addition to possessing the necessary skills, experience and education. Successful candidates demonstrate a positive attitude, commitment to quality customer service, ability to get along well with others through effective communication, and the willingness to adapt and embrace change. Immigration Law Compliance The Town employs only United States citizens and those who are authorized to work in the United States in accordance with the Immigration Reform and Control Act of 1986. The Town does not unlawfully discriminate on the basis of citizenship or national origin. As a condition of employment, each new employee must complete the Employment Eligibility Verification Form M and present documentation establishing identity and employment eligibility. Failure to present such documentation in a timely manner will result in termination of employment. Former employees who are rehired must also complete the form if they have not completed an I-9 with the Town within the past three years, or if their previous 1-9 is no longer retained or valid. Employment of Relatives and Workplace Relationships Purpose The purpose of this Section is to establish a policy on relationships between and among Town employees in order to avoid actual or apparent conflicts of interest between work -related obligations and personal obligations or interests which may create an adverse impact on supervision, safety, security or morale. Definitions For the purposes of this Section, the following terms shall have the following meanings: Consensual Social Relationship: A relationship, beyond work colle(:riality, to which both persons voluntarily and mutually consent including, but not limited to, dating, romantic relationships, cohabitation, sexual intimacies, marriages, marriages ending in dissolution, and the like. Cohabitation: Living together in a relationship characterized by intimacy or sexual relationships by persons who are not legally married. Relative: Any person related to an employee or elected or appointed official of the Town by blood or marriage, in any of the following degrees: parents, spouses, children (including step and adopted children), brothers, brothers-in-law, sisters, sisters-in-law, parents4n4aw, nephews, nieces, aunts, uncles, first cousins, grandparents, grandchildren, and children -in-law. Additionally, "relative" includes parties to a civil union or domestic partnerships, and other Employee Handbook —September 1, 2013 6 parties who are within the employee's immediate household. A separation between spouses does not terminate the relationships described herein. Direct Report: A person who is supervised by another person by virtue of rank or job classification. Supervisor: A person who has authority, direct or indirect, over another by virtue of rank or job classification. P�•ocedufe Applications for employment from relatives of employees or elected or appointed officials will be considered with other qualified applicants. Restrictions will apply to prevent potential problems of supervision and security. Specifically, relatives and persons who plan to marry or enter into a civil union with a Town employee will not be hired, promoted, demoted; or transferred in the following circumstances: One relative would directly or indirectly exercise supervisory, appointment, or dismissal authority or disciplinary action over the other relative (for example, within the police chain of command, when one relative would serve as the commanding officer or have direct or indirect supervision over another relative),$ One relative would audit, verify, receive, or be entrusted with moneys received or handled by the other relative; or One relative would have access to the other relative's confidential information, including payroll and personnel records maintained by the Town. In the event two employees of the Town become relatives and such relationship gives rise to one or more of the circumstances described above, the affected employees will be allowed 30 days to choose which of them will resign from his or her position with the Town or obtain a transfer to other Town employment where such conflict no longer exists. The employee may apply for advertised vacant positions in other Town departments. In the event there is no vacant position available in another department for which the employee qualifies or if one of the two affected employees does not submit a resignation within 30 days of marriage or other event giving rise to the conflict, the employee with the least amount of Town employment seniority shall be required to resign or shall be discharged. Any Town employee who becomes involved in a consensual social relationship with another Town employee shall immediately notify his or her Department Head through the employee's supervisory chain of command. If the Department Head and the Town Manager (or solely the Town Manager if the relationship involves the Department Head) determine that the relationship creates a conflict of interest or the appearance of a conflict of interest (as may occur, for example, in consensual social relationships involving a subordinate and supervisor), the Town Manager may make a reasonable effort to transfer, reassign, or otherwise resolve the situation so that one employee is placed in a position where the conflict no longer exists. If such conflict cannot be eliminated, one of the affected employees shall resign or be discharged. Employee Handbook— September 1, 2013 7 Professional behavior is important to the work environment. Therefore, employees involved in a consensual social relationship must avoid displays of sexual affection, sexual innuendos, or comments while at work. These types of behaviors may make others uncomfortable and are inappropriate in a work environment. Vacancies While the Town posts most open positions either internally, externally, or both, not all open positions will be posted. The decision to post a position internally or externally rests with management. The following outlines some potential reasons that a position may not be posted: • There is a shortage of qualified internal talent available. • The job is a critical developmental role or promotion for an existing employee. • There is a business need to bring in external expertise instead of building expertise within. Application Procedure All persons interested in employment with the Town shall complete an Application for Employment in order to be considered for a vacant or new position. The application must be accompanied by any supporting documentation required to be submitted for the particular position. Unsolicited applications and resumes will not be considered. Applications shall remain active until the position is filled. Interested parties must complete an Application for Employment for each position in which s/he is interested in applying. Applications of non - selected applicants shall be retained for two years as required by applicable law. Transfer of Employees The following is the general procedure followed for transfer of Town employees within a Department or to another Department in the Town: 1. Employees interested in a posted position shall submit an Application of Employment and any required supporting documentation to Human Resources. 2. When an employee is selected for a position in another Department, the gaining Department Head shall determine the date of the transfer; however, the transfer will take place on such date as is identified by mutual agreement between the gaining and losing Departments. Any transfer either within the same Department or between Departments shall require the prior approval of the Town Manager and completion of a Personnel Action Notice (PAN) for routing to Human Resources. Employee Handbook —September 1, 2013 8 Employee Status Full -Time A person who has been hired to work the full scU"13 established for the work >mit where the employee is assigned. For example, this means 40 hours per week, for a total of 2,080 hours per year, for most office and maintenance positions and 80 hours per work period for patrol officers. Full-time employees are eligible to participate in employee benefit and leave programs. Part -Time A person employed to work less than 40 hours per week. Part-time employees who work at least 1,250 hours for the Town during the 12 months preceding the commencement of a requested leave may be eligible for Family and Medical Leave Act ("FMLA") benefits. Part-time employees are eligible for workers' compensation, unemployment compensation benefits, pension benefits required by applicable law, and other fringe benefits in the proportions as specified in these policies. Temporary A person employed either on a pal•t- or full-time basis in a job that has been established for a specific period of time or duration (whether for a season or otherwise), or for a specific project or group of assignments, whose employment is anticipated to be less than 12 months. Temporary employees are eligible for workers' compensation and unemployment compensation benefits. Temporary employees shall be eligible for pension benefits and fringe benefits, including health and welfare benefits, as required by applicable law. Temporary employees do not earn Paid Time Off (PTO) and are not paid holiday pay. The Town Manager may employ persons on a temporary basis as an emergency appointment as is necessary to prevent stoppage of public business or loss or serious inconvenience to the public. Such appointment may be made on an hourly basis provided such appointment is within current spending authority. An emergency appointment may not be used to fill a vacancy which an immediate supervisor knew or reasonably should have known would occur. Non -Exempt Employees and Exempt Employees FLSA) Non-exempt employees are employees who are eligible for overtime pay and compensatory time under the Fair Labor Standards Act (FLSA). Exempt employees are employees who are not eligible for overtime pay and compensatory time under the FLSA. Employee Handbook —September 1, 2013 9 Personnel Records Personnel Records Personnel records, as required by law and deemed essential for efficient operations, will be maintained by the Town. Personnel records must be held and handled in accordance with established procedures, and kept confidential as required by the Colorado Open Records Law. The individual employee's personnel record shall include the address and telephone number of the person to be notified in the event of an emergency, social security number, job application forms, evaluation reports, Personnel Action Notices, records of disciplinary action, training, and licenses and certificates required for the position. It is the employee's responsibility to notify the Town of any information changes as soon as possible, such as, • Change of address - physical and/or mailing • New phone number • Change in marital status • Addition or deletion of dependents or beneficiaries Employees may review their personnel file at any time in the presence of the Human Resources Department Head or the Department Head's designee. Employees who wish to request a copy of their personnel file, please see Human Resources, Employee Handbook —September 1, 2013 10 Pay Practices and Performance Evaluations The Town follows an articulated Total Rewards Philosophy. The TOwn'S philosophy on total rewards is to ensure fair and consistent decisions surrounding employee pay, to provide the flexibility necessary to successfully recruit and retain talented employees, to pay based on performance, and to increase accountability for all employees. A copy of the Town's Total Rewards Philosophy is available on the Global Drive. The Town does not make pay advances to employees. S alar�Increases/Changes MERIT: A pay increase given to an employee to recognize increased effectiveness or above average performance or productivity. The increased value of the employee is evidenced by greater productivity, improved judgment and more initiative that should be recognized by an increase in pay. A merit increase is at the Town's discretion and is based upon measured performance. MARKET: The Town Manager may periodically review the pay associated with a job description for internal equity and external equity as compared to surrounding communities or comparable municipalities. The Town may make market adjustments to salaries at its discretion. PROMOTION/DEMOTION/RECLASSIFICATION: An employee promoted, demoted, or reclassified to a position with a different pay range will be paid a rate that is the most appropriate based on the employee's knowledge, skills, abilities, education, and experience, as determined by the Town Manager, in consultation with supervisors and Department Heads. Position reclassifications occur when a determination is made that a specific position needs to be reclassified to a different pay range or status. Position reclassifications are recommended by the Department Head and/or Human Resources, and reviewed by the Town Manager, Human Resources, and the Department Head, PAY RANGE: Adjustments made to the pay range as a result of a compensation study. When pay ranges are adjusted, employees may or may not be eligible for a pay increase. The Town Manager will determine the method and timing by which these adjustments will be administered. Employee compensation is set within an established guideline, is based on a candidate's or incumbent's qualifications, and is set at the discretion of the employee's direct supervisor and the Town Manager. Employee Performance Evaluations Employee performance evaluations are an important component of the salary structure and let employees know how their supervisors evaluate their performance, furnish guidelines to improve that performance, and assist the employee in preparing for advancement. Supervisors will complete an evaluation report on their employees in accordance with the following: Employee Handbook —September 1, 2013 11 • The person performing the evaluation should be the first level supervisor of the employee. • Evaluations for all full-time employees may include an annual performance review and a mid -year assessment. The annual evaluation shall include 12 months of evaluation. A favorable evaluation report does not guarantee an adjustment in pay. Employees on a Performance Improvement Plan are not eligible to receive merit pay increases. A copy of the Town's performance evaluation is available on the Global Drive. Employee Handbook —September 1, 2013 ]2 Employee Work Time or Time Policy Employees of the Town are expected to work during all assigned periods, exclusive of bona fide breaks, mealtimes, unscheduled hours, etc. A "normal" work day consists of 8 hours with an additional hour (or, for some departments, one-half hour) for lunch. The time allotted for lunch/mealtime breaks shall include any travel time to and from the work site. In addition, employees may take two 15-minute breaks at approximately the midway point of each half of their daily working schedule, depending on the work load for that particular day. Breaks shall not be considered to accumulate if they are not taken and shall not be used to shorten the normal work day. The "work week" means the seven consecutive 24-hour periods beginning at 12:00 midnight each Saturday morning and ending at 11:59 p.m. the following Friday. A "normal" workweek typically includes 40 hours. However, the "work period" used to calculate overtime for law enforcement personnel, shall not be as defined above, but shall be the two -week period beginning at 12:00 midnight Saturday and ending at 11059 p.m. on the second Friday thereafter, which period may also be identified on the duty and/or work period schedule(s) prepared for such personnel. Work time policies for law enforcement personnel are as established through that Department. For purposes of calculating overtime payments, only hours actually worked are counted. Holidays and Paid time Off (PTO) leave are not counted as hours worked and therefore are not used in the calculation of overtime. Employee Classifications The Town is governed by the provisions of the Fair Labor Standards Act (FLSA) in determination of the eligibility for compensatory time and payment of overtime. This policy shall be applicable to all employees of the Town who are covered under the UT CA For purposes of determining compensatory time and overtime, the following definitions apply: • Non -Exempt Employees: Non-exempt employees are eligible for overtime pay and compensatory time, paid at one and one half times the employee's regular hourly rate for all hours worked over 40 in a work week. It is the policy of the Town, however, that overtime pay will be the standard, and employees generally will not be allowed to accrue compensatory time without the prior written approval of the employee's Department Head. • Exempt Employees: Exempt employees are not eligible for overtime pay or compensatory time. • Non -covered Employees: All elected officials, administrative deputies of elected officials, political appointees, as defined by statute and case law, legal advisors, Employee Handbook —September 1, 2013 13 volunteers, independent contractors, prisoners, and other non -covered employees as may be determined under FLSA. Overtime Pay Pay at the rate of one and one half times the employee's regular hourly rate for time worked in excess of 40 hours of work in a work week, or, for patrol officers and sergeants, time worked in excess of 80 hours of work during a two -week work period. Holidays and Paid Time Off (PTO) leave are not counted in the calculation of overtime. Compensatory Time Time off from work that is earned at the rate of 1.5 hours for each hour worked that is more than 40 regular hours in a work week, or, for patrol officers and sergeants, time worked in excess of 80 hours of work during a two -week work period. Emergency Overtime Pay for Exempt Employees The Town Manager, at his or her discretion, may authorize exempt employees to be compensated for overtime hours worked either inside the Town or outside the Town during an emergency or disaster. Example of Computation of Overtime: If an employee's regular schedule is: Mon Tue Wed Thu Fri 8 8 8 8 8 and the employee actually wor•Ics: Mon Tue Wed Thu Fri 8 12 10 10 2 then, in this example, the employee would receive overtime pay for 2 hours since the total number of hours worked for the week is 42. The employee would not receive overtime pay for the extra hours worked on any single day. Compensatory Time/Overtime Pa�X REQUIREMENT FOR APPROVAL: The Town has the right to require reasonable overtime work from all employees. All overtime (cash at 1.5 X or compensatory time off at 1.5 X) must be approved in advance by the supervisor. Overtime worked without prior authorization from your supervisor may result in disciplinary action, up to and including termination. COMPENSATORY TIME: Compensatory time may be used to compensate overtime only when approved in advance in writing by the employee's Department Head and the Town Manager. Compensatory time shall be used before Paid Time Off (PTO) leave is used. Some Department Heads have developed more specific policies on the use, accrual, and maximum amount of compensatory time. It is the employee's responsibility to become familiar with the policies in their Department. OVERTIME PAY: Overtime pay for overtime hours will be paid with the pay for the pay period during which the overtime pay was earned at the rate of one and a half times the employee's regular hourly rate of pay. Payment of overtime is dependent on budgetary constraints. If Employee Handbook —September 1, 2013 14 budgeted amounts are exceeded or if compensatory time has been approved in writing in advance by the employee's Department Head and Town Manager, then the Town will compensate overtime hours with compensatory time in lieu of overtime pay. PAYROLL CALENDAR. Town employees are paid every two weeks. There are 26 pay periods in a year. A current year payroll calendar will be distributed annually by the Finance Department, TIME SHEETS: Employees must keep track of their work hours on either Town time sheets or the Town's electronic time program as directed by their supervisor. Work hours for each department including Police Department employees are also tracked by supervisors on either electronic or paper master time sheets. Employees are responsible for verifying their electronic or paper time sheets and submitting them to their supervisors at the appropriate pay cycle intervals. These are then submitted to or downloaded by Payroll. Holidays Non-exempt employees who are eligible for paid holidays and who are required to work on Town observed holidays (under "Leave" below) will receive holiday pay and compensation at 1.5x for hours actually worked on such holiday. Compensation for holidays will be paid in the pay period during which the holiday occurred and cannot be banked or accrued. Holiday pay is not counted as time worked in the calculation of overtime. raii_n„r Non-exempt employees are subject to call -out time. A call -out is considered an emergency that requires an employee to perform work after normal duty hours in order to prevent damage to property or persons or which requires immediate attention of the employee and cannot possibly be postponed. The following conditions apply: • Call -out time begins when the employee leaves the employee's home. • Call -out time will be compensated at the employee's regularly hourly rate and subject to requirements for overtime compensation. • Employees who are required to respond to a call -out will receive 2 hours of time credited for their response, in addition to compensation for time worked as call - out time, and the 2 hour credit shall be annotated on their time sheet. • Employees who work call -out, return home, are called out again, and leave the job site within 2 hours of the initial response shall only receive 2 hours of time credit. If they leave the job site and are no longer within the initial 2 hours, they shall receive an additional 2 hours of time credit. • If an employee is called out, that employee must comply with the Town drug and alcohol policies as set forth in this handbook. Extreme discretion is therefore required of employees who can foresee a call -out situation, such as when snow is forecasted. Employees who are not in compliance with the drug and alcohol Employee Handbook— September 1, 2013 IS policies of this handbook when called out must inform their supervisor of their condition and remain at home. • Call -out time ends when the employee leaves the job site. • During anticipated severe weather, work shifts may be altered at the supervisor's discretion. In such instances, additional pay for call -out time will not apply. • The 2 hours of credited time for responding to a call -out are not used in the calculation of overtime. Employee Handbook— September 1, 2013 16 Leaves Paid Holidays The following holidays shall be observed by the Town: New Years Day President's Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day following Thanksgiving Last working day before Christmas Christmas Day Non -temporary, full-time employees are eligible for paid holidays. Part-time and temporary employees, who worked at least 780 hours in the preceding twelve months (determined on a rolling basis), are eligible for holiday pay on a pro-rata basis for the holidays which occur during their employment with the Town and after having been employed for a full year or a full season. Holidays that fall on a Sat>_u•day will be observed on the preceding Friday. Holidays that falls on a Sunday will be observed on the following Monday. Holidays are subject to annual re- evaluation by the Town Board of Trustees and may be revised at any time. Employees will be advised of observed holidays or any changes to observed holidays in December of the year preceding the scheduled holidays. Non-exempt employees required to work on paid holidays when the nature of their duties or other conditions so require shall receive holiday pay and compensation at 1.5 x for hours actually worked. Holiday pay is not counted as tune worked in the calculation of overtime. Requests for Time Off If the necessity for the leave is foreseeable, requests for time off of any type (including, but not limited to, Paid Time Off (PTO) or unpaid) must be submitted to the employee's supervisor in writing. Employees who are on leave must maintain the minimum eligibility requirements for insurance benefits to be extended or otherwise may become ineligible for insurance benefits. Requests for any type of leave shall be submitted with sufficient advance notice in order to allow supervisors and Department Heads to evaluate the request and determine if the time off can be approved. Employee Handbook —September 1, 2013 17 Additional documentation may be required for certain types of leave as indicated in later sections of this Handbook. If an employee exhausts one type of leave, other types of leave may be available as defined in the remaining sections below. It is the employee's responsibility to become familiar with the different types of leave that are available and the guidelines that apply to each type of leave. Time off in excess of approved time available under• the Town's leave programs may be viewed as a performance issue and could result in disciplinary action up to and including termination. Paid Time Off (PTO) The policy of the Town is to provide Paid Time Off (PTO) to regular full-time and part-time employees in accordance with the employee's length of service with the Town. PTO is for employees to use for vacation, illness, injury and personal business. Management will evaluate requests for PTO with consideration for the needs of the Town and personal desires of the employee. Request for PTO must be approved by the employee's immediate supervisor as far in advance as possible of taking the requested leave. Additionally, employees should make every effort to submit PTO requests as early as possible in the calendar year so that Department Heads may better assess all requests and work assignments for the upcoming year. The amount of PTO an employee receives increases with the length of their employment as shown in the following schedule, in accordance with an employee's anniversary date: SERVICE First Year of Service Years 2 — 4 Years 5 — 9 Years 10+ PTO Guidelines: EARNED PTO HOURS 152 hours 232 hours 272 hours 312 hours • Part-time employees shall earn PTO in proportion to the amount of time worked on a monthly basis. • Employees who begin employment in the middle of a pay period shall earn a prorated share of PTO hours for that pay period. • Employees who have an unexpected need to be absent from work must notify their direct supervisor before the scheduled start of the work day. • Employees may earn a specified number of PTO hours annually per the above schedule up to an established cap; once the cap is reached, no further earnings can happen until time has been used to allow for additional earnings. The maximum amount that can be earned before being capped and the number of hours allowed to be carried over at the end of each calendar year is as follows: Employee Handbook— September 1, 2013 18 First Year of Service 40 hours Years 2 — 4 120 hours Years 5 — 9 160 hours Years 10+ 240 hours • PTO must be earned by the pay period in which it is taken. • Employees shall not be allowed to have a negative PTO balance. • Donation of PTO leave is not allowed. • PTO shall not be used or debited in less than two-hour units. • Town -observed holidays shall not be counted in debiting PTO. • When Town offices are closed due to inclement weather, emergency or other situations, employees who are on PTO at that time shall still be debited with PTO for the hours that the offices are closed. For example, if the Town Manager decides to close Town offices at 2:00 p.m. due to a winter storm, persons on PTO for the whole day shall still be debited with 8 hours of PTO, not 5 hours. During a pandemic influenza outbreak, the Town's Pandemic Influenza Response Plan shall apply. Please see the Plan on the Town's Global Drive. PTO leave is not counted as time worked in the calculation of overtime. Parental Involvement Leave Parental involvement leave is unpaid leave granted to an employee who is the parent or legal guardian of a child enrolled in a public or private school or in a nonpublic home -based educational program pursuant to State law. Parental involvement leave may be taken by an employee qualifying for such leave for the purpose of attending an academic activity for or with the employee's child. An "academic activity" shall be as defined by applicable State law, in effect from time to time, and includes a parent -teacher conference or a meeting related to special education, intervention, dropout prevention, attendance, truancy, disciplinary issues or other activity as provided within such statutory definition, including the statutes referenced therein, all as in effect from time to time. Parental involvement leave shall not exceed six hours in any one -month period and shall not exceed eighteen hours in any academic year. An employee who works less than afull-time schedule is eligible for a portion of such amounts of parental involvement leave based on the percent of a full-time schedule the employee works. The Town may limit the ability of an employee to take parental involvement leave in cases of emergency or other situations that may endanger a person's health or safety or in a situation where the absence of the employee would result in a halt of service or production. Upon Town request, the employee shall provide written verification from the school or school district of the academic activity for which parental involvement leave is taken. Employee Handbook —September 1, 2013 19 In order to use parental involvement leave, the employee must provide his or her supervisor with notice of the need for leave at least one calendar week in advance of the academic activity. In the case of an emergency where the employee is not aware of the need for the leave one calendar week in advance, the employee shall provide the employer with notice of the leave as soon as possible once he or she becomes aware of the need for the leave. Parental involvement leave shall not be debited or used in less than one half-hour units. Family and Medical Leave Act Leave (FMLA Leave The Town provides up to 12 weeks of unpaid, job -protected leave to eligible employees for the following reasons: • Incapacity due to pregnancy, prenatal medical care, or child birth. • To care for the employee's child after birth, or placement for adoption or foster care. • To care for the employee's spouse, son or daughter, or parent, who has a serious health condition. • Serious health condition that makes the employee unable to perform the employee's job. Milita;'y Family Leave Entitlements Eligible employees with a spouse, son, daughter, or parent on active duty or called to active duty status in the Armed Forces, National Guard, or Reserves may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post -deployment reintegration briefings. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period. A covered servicemember is: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness*; or (2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five-year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.* *The FMLA definitions of "serious injury or illness" for current servicemembers and veterans are distinct from the FMLA definition of "serious health condition". Employee Handbook —September I, 2013 20 Benefits and Protections During FMLA leave, the Town maintains the employee's health coverage under any group health plan on the same terms as if the employee had continued to work. Employees must continue to pay their portion of any insurance premium while on leave. If the employee is able but does not return to work after the expiration of the leave, the employee will be required to reimburse the Town for payment of insurance premiums during leave. Upon return from FMLA leave, most employees are restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms. Certain highly compensated employees (key employees) may have limited reinstatement rights. Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave. As with other types of unpaid leaves, paid leave will not accrue during the unpaid leave. Holidays, funeral leave, or employer's jury duty pay are not granted on unpaid leave. Eligibility Regniyements Employees are eligible if they have worked for the Town of Firestone for at least 12 months, for 1,250 hours over the previous 12 months, and if they work at a work site with at least 50 employees within 75 miles. Definition of Sef•ious Health Condition A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents a qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive full calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. Use of Leave The maximum time allowed for FMLA leave is either 12 workweeks in the 12-month period as defined by the Town, or 26 workweeks as explained above. The Town uses a 12-month period measured forward from the date any employee's first FMLA leave begins. When medically necessary, an employee does not need to use this leave entitlement in one block; leave can be taken intermittently or on a reduced leave schedule. Up to 12 weeks of continuous FMLA leave may be taken to care for a newborn or newly placed adopted or foster care child. Employee Handbook —September 1, 2013 21 Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the Town's operations. Leave due to qualifying exigencies may also be taken on an intermittent basis. Employees taking intermittent or reduced schedule leave based on planned medical treatment and those taking intermittent or reduced schedule family leave with the Town's agreement may be required to temporarily transfer to another job with equivalent pay and benefits that better accommodates that type of leave. Substitution of Paid Leave for Unpaid Leave The Town requires employees to use accrued paid leave while taking FMLA leave. Paid leave used at the same time as FMLA leave must be taken in compliance with the Town's normal paid leave policies. FMLA leave is without pay when paid leave benefits are exhausted. Employees must first have exhausted all accrued compensatory time and PTO leave, as applicable to their circumstances prior to use of FMLA unpaid leave. Employees taking FMLA leave for a serious health condition may be able to obtain short term and/or long-term disability insurance coverage. More information on disability insurance coverage is available from Human Resources. Employee Responsibilities Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days' notice is not possible, the employee must provide notice as soon as practicable and generally must comply with the Town's normal call4n procedures. Employees must provide sufficient information for the Town to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions; the family member is unable to perform daily activities; the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the Town if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave. The Town may require second and third medical opinions at the Town's expense. Documentation confirming family relationship, adoption, or foster care may be required. If notification and appropriate certification are not provided in a timely manner, approval for leave may be denied. Continued absence after denial of leave may result in disciplinary action in accordance with the Town's attendance guidelines. Employees on leave must contact his/her immediate supervisor or a Human Resources representative at least two days before their first day of return. Employee Handbook —September 1, 2013 22 The Town's Responsibilities The Town will inform employees requesting leave whether they are eligible under FMLA. If they are, the notice will specify any additional information required as well as the employees' rights and responsibilities. If they are not eligible, the Town will provide a reason for the ineligibility. The Town will inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee's leave entitlement. If the Town determines that the leave is not FMLA-protected, the Town will notify the employee. Unlawfcrl Acts FMLA makes it unlawful for the Town to: • Interfere with, restrain, or deny the exercise of any right provided under FMLA. • Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. Enfo�cement An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against the Town. FMLA does not affect any federal or state law prohibiting discl•imination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights. Colorado Family Care Act The Town provides up to 12 weeks of unpaid leave to eligible employees to cal•e for their partners in a civil union or domestic partnership, who have serious health conditions. Generally, leave under the Family Care Act (FCA) is administered according to the provisions of the FCA and consistent with applicable FMLA regulations. Contact your supervisor or Human Resources if you need family care leave. Discretionary Leave of Absence Without Pay (Non-FMLA) The Town Manager may authorize a discretionary leave of absence without pay to employees under the following circumstances: For an employee who has not worked for the Town for 12 months and/or 1,250 hours in a 12 month period prior to the leave request but otherwise meets the criteria for FMLA unpaid leave as defined under FMLA Leave above. • For school or training that is not Town sponsored. Employee Handbook— September 1, 2013 23 • For any other specific purpose as authorized by the Town Manager. • Employees must first have exhausted all accrued compensatory time, PTO leave, as applicable, prior to being granted a discretionary leave of absence without pay. • A discretionary leave of absence without pay shall not be granted for employees to go to other employment, except for extended active duty with the Armed Forces. • A discretionary leave of absence without pay will be for no longer than 30 days. • Employees who are on an approved leave of absence may be reinstated to a position of like status and pay if such position is available and they are qualified. However, there is no job guarantee. Employees on discretionary leave of absence without pay are not entitled. to accrual of seniority or benefits. Prior to the start of the discretionary leave of absence without pay, the employee must meet with a Human Resources representative to make arrangements for payment of healthcare insurance and other insurance benefits. Employees will be held responsible for payment of their individual monthly insurance costs while on discretionary leave of absence without pay. Employees who begin their discretionary leave of absence without pay in the middle of a month shall pay a pro -rated share of their insurance costs for that month. Discretionary leave without pay is intended as a consecutive leave period for extenuating circumstances. It is not intended to be used intermittently for employees who have exhausted all available paid time off. Employees who are on leave must maintain the minimum eligibility requirements for insurance benefits to be extended or otherwise may become ineligible for insurance benefits. Bereavement Leave All filll-time employees are eligible for funeral leave in the event of a death in their immediate family. An immediate family member is defined here to include the employee's spouse, civil or domestic partner, or the parent, parent -in-law, guardian, child, step -child, son/daughter-in-law, sibling, sibling -in-law, grandparent, grandchild. For each occurrence, employees may be authorized up to 24 hours paid absence from work to attend the funeral or attend to family matters. The hours of leave authorized shall be as established between the employee and the employee's supervisor prior to taking of such leave. These hours of leave shall not be debited to accrued PTO leave, management leave or compensatory time. Employees needing additional time off may use accrued compensatory time, PTO leave, or management leave. Court Leave/Jury Duty The following court leave provisions apply to part-time, temporary, and regular full-time employees (provided they were scheduled to work): • Employees must immediately notify their Department Head when they receive notice to appear in court as a witness or for jury duty. Employee Handbook —September I, 2013 24 • Documentation of the time off for court leave shall be attached to the time sheet for the pay period in which it is used. • Employees who are required to serve as a juror in a federal, state, county, or municipal court shall be granted court leave with pay, to a maximum of 10 days, on the condition that any compensation received for such services during working hours shall be turned over to the Town, except for verified parking expenses and mileage allowance. • Employees who are required to appear as witnesses in cases that relate directly to their Town duties, except for jurny duty shall be granted court leave with pay on the condition that any compensation received for such services during working hours shall be turned over to the Town, except for verified parking expenses and mileage allowance. • Employees who are required to appear in court on matters that do not relate directly to their Town duties, except for jury duty, shall not be granted court leave. They shall be allowed to use other accrued, available leave, or leave without pay. Voting Time Voting is an important civic responsibility. The Town encourages employees to exercise their voting rights in all municipal, state and federal elections. Under most circumstances, it is possible for employees to vote either before or after work. If it is necessary for an employee to arrive late or leave work early to vote in any election, the employee should make arrangements with his or her supervisor no later than the day prior to election day. Domestic Abuse Leave Pursuant to state law, employees subject to domestic abuse may be eligible for up to three working days of unpaid leave from work in any twelve-month period. Please see Human Resources for more information. MilitaryLeave If you are a member of the U.S. Armed Forces Reserve, National Guard or performing other protected uniformed service, you are granted an unpaid leave of absence when called for active or inactive duty training as provided by applicable law. This time is granted in addition to earned PTO time. However, if you desire to use your PTO time for this purpose, you may voluntarily do so if you make a request in writing. If you are inducted into a branch of the U.S. Armed Forces for an extended period, upon returning to the Town after separation from military service, you may be reinstated in accordance with the provisions of the law. Workers' Compensation and Injury Leave Employee Handbook —September 1, 2013 25 All employees are covered for an employment -related injury or illness by Lite Colorado Workers' Compensation Act ("Act"). Under the Act, employees may receive certain benefits pertaining to an employment -related injury or illness. The name and contact information for the Town's designated provider of medical care for employment -related injuries and illnesses is available from Human Resources. Follow-up care will be with a provider as determined by the Town and its workers' compensation insurance carrier. Emergency care will be provided by the closest available medical provider. Under the Act, awork-related injury or illness must be reported to a Human Resources representative or the employee's direct supervisor within four working days. Copies of the First Report of Injury form are available from any supervisor and Human Resources. Benefits may be reduced for injuries or illnesses reported later than four working days after the date of the injury or illness. Benefits: 1. Medical Benefits. Injured employees are eligible to receive medical benefits for reasonable and necessary medical expenses if the care is received from an authorized treating medical provider and pursuant to the Act and the Town's workers' compensation insurance carrier. 2. Compensation Benefits. Employees missing more than three shifts or three days due to a work -related injury or illness may be eligible to receive temporary disability benefits in accordance with and at a rate set forth in the Act. 3. Permanent Impairment. If the employee is unable to fully recover from the work - related illness or injury, the employee may be eligible for permanent partial disability benefits in accordance with the Act. The employee shall provide the Town with such medical reports as required by Human Resources, and such reports as required by the Town's workers' compensation insurance carrier throughout the period of injury leave. Where the operations of the Town permit, temporary Modified Assignment, as defined in the below Section, may also be available to facilitate a return to work by an employee. The Town will comply with ADA as applicable with regard to an employee whose employment - related injury or illness results in a qualified disability under the ADA. Temporary Modified Assignment Program (MAP) A temporary Modified Assignment Program (MAP) is a full-time or part-time work assignment that meets an employee's temporary health restriction during his/her period of recuperation from a work -related or non -work -related injury, illness, or condition. The purpose of the program is to Employee Handbook —September I, 2013 26 allow injured employees to remain productive, while recuperating, and to return to full work status as quickly as medically feasible. The Town will make every effort to provide employees an opportunity to participate in the MAP program. Not every position will lend itself to modified duty; thus, decisions for employees to participate will be made on a case -by -case basis. The following conditions apply: • MAP work is for employees who are temporarily unable to return to their normal duties. Generally the work is less physically and/or mentally demanding. • MAP work must be approved by the designated physician, Department Head and Town Manager prior to final approval of the assignment. • The MAP may be administered for a period not to exceed 90 calendar days. MAP assignments are temporary and the Town does not have permanent modified duty assignments. • If, after 90 calendar days, the employee is unable to return to his/her normal job duties, the situation will be evaluated under the Town's leave policies and in accordance with any reasonable accommodation that may be necessary to comply with the Americans with Disabilities Act (ADA). • If an employee refuses to accept a MAP assignment for reasons other than at the written advice of his/her healthcare provider, the employee may be terminated. Employee Handbook— September 1, 2013 27 Benefits Medical Insurance The Town currently offers medical and other related insurances to filll-time employees and on a pro -rated basis to part-time employees regularly scheduled to work at least twenty-four (24) hours per week or as required by law. Such benefits shall be annually enumerated and explained to all employees. Such benefits may be increased, decreased, or eliminated by action of the Town Board consistent with applicable laws. Employees who are on leave must maintain the minimum eligibility requirements for insurance benefits to be extended or otherwise may become ineligible for insurance benefits. Pension/Retirement The following pension/retirement benefits apply to all employees unless exempt pursuant to applicable law: The Town and employee shall each contribute to a PERA pension plan a percentage of employee's salary as stipulated annually by PERA. a. The Town contribution shall be: 1) Pre-tax. 2) 100% vested after 5 years. b. The employee's contribution shall be: 1) Deducted from employee's base pay, pre-tax. 2) 100% vested on first day of employment. For police officers, the Town and officer shall each contribute a percentage of the officer's salary to a FPPA police defined benefit plan and death/disability plan as stipulated by FPPA annually. a. The Town's contribution shall be: 1) Pre-tax. 2) 100% vested after 5 years. b. The officer's contribution shall be: 3) Deducted from officer's base pay, pre-tax. 4) 100% vested on first day of employment. More information on the current pension/retirement plans is available from Human Resources. Uniform and Safety Shoe Allowance Employees in certain Departments will receive an allocation of uniforms as determined by the Department Head. Uniform shirts may be provided to employees. Expenses for safety -toed Employee Handbook —September 1, 2013 28 shoes are reimbursable for employees in the Public Works and Police Departments. Reimbursement may be provided for other pre -approved uniform items by each Department Head. The Public Worlcs Department receives uniform allocations. Uniform provisions for Police Department employees are contained in the Police Department Handbook. Employees are responsible for care and maintenance of uniforms. Employee Handbook —September 1, 2013 29 Employee Conduct Attendance and Punctuality All employees are expected to be on time and punctual for showing up to work. In addition regular attendance is considered an essential job function and is necessary for the efficient Town operations. Employees that are going to be absent or late must contact their supervisor/manager as soon as possible prior to the start of their shift. Leaving messages with other employees or on voice mail is not acceptable. Excessive absenteeism or tardiness or faihu•e to report an absence or tardiness within one hour after the start of the work day, depending on the frequency or severity of such occurrences, may result in separation from employment. Additionally, employees who are absent for three consecutive working days without notifying the employer will be terminated. Communication With News Media The Town of Firestone has a responsibility to encourage the open exchange of ideas as well as the dissemination of accurate and transparent information. As the media is an essential element of open dialogue, the Town has established these media policies to provide guidance in fostering an ethical and transparent relationship with the media. The Town Manager or his/her designee serves as the official spokesperson for the Town of Firestone regarding significant matters of policy and public interest. Depending on specific issues, the Town Manager or his/her designee may designate another member of the staff to serve as an official Town spokesperson on a specific issue. The Communications and Community Resotuce Coordinator is responsible for the distribution of all news releases. As part of TV YVII 3 communications policy, staff should not distribute news releases independently. Employees shall also follow the Town's Media Policy, located on the Global Drive, when interacting with the news media. Social Media Whenever you use social media, use good judgment. We request that you be respectful of the Town, its employees, customers, partners and affiliates, and others. Personal use of social media is never permitted on working time by means of the Town's computers, Town -issued mobile devices, networks, and other IT resources and communications systems. Use of personal mobile devices during work time should be kept to a minimum. The Town has developed Use of Social Media Guidelines for employees who use social media like blogs, wilds, and social networking sites that may contain postings related to the Town, Employee Handbook —September 1, 2013 30 employees of the Town, and any other affiliates of the Town. The Use of Social Media Guidelines are located on the Global Drive. Nothing in these guidelines is meant to interfere with employees' rights under federal law to engage in protected and concerted activity, including employees' ability to discuss terms and conditions of their employment. Ethics Town of Firestone employees must be committed to the highest ethical standards in the conduct of their duties and responsibilities. If you feel you are being asked to violate Town guidelines, address your concerns with your supervisor or a member of the management team. You are expected to report perceived ethical violations. The Town expects employees to make a timely report so that the matter may be investigated and any behavior that may be in violation can be resolved. Report the incident to your supervisor or a member management. Your report will be kept as confidential as practicable. The Town prohibits retaliation against an employee for filing a report or for assisting in an investigation. Conflicts of Interest Employees have an obligation to conduct business within guidelines that prohibit actual or potential conflicts of interest. This guideline establishes only the framework within which the Town wishes the business to operate. The purpose of these guidelines is to provide general direction so that employees can seek further clarification on issues related to the subject of acceptable standards of conduct. Contact the Human Resources Department Head for more information or questions about conflicts of interest. An actual or potential conflict of interest occurs when an employee is in a position to make or influence a decision that may result in a personal gain for that employee or for a relative. For example, personal gain may result in cases where an employee or relative has a significant ownership in a firm with which the Town does business. Additionally, prohibited personal gain occurs when an employee receives any kickback, bribe, substantial gift, or special consideration as a result of any transaction or business dealings involving the Town. If an employee has any situation which may be an actual or potential conflict of interest, the employee must disclose this to the Town Manager as soon as possible. Dress Code For the Town, personal appearance, hygiene, and attire are very important. While we generally maintain a casual dress work environment, a professional image must still be maintained to instill confidence in the minds of the Town's citizens, customers and others. This helps ensure the Town's success. Your appearance should be consistent with good hygiene, safety and what the Town considers appropriate business attire for duties and responsibilities. Employee Handbook —September 1, 2013 31 If you have questions on what is appropriate, check with your supervisor, the Human Resources Department Head or the Town Manager. General Rules of Conduct The Town expects all of its employees to act in the best interest of the Town and members of the public served by the Town. It is the responsibility of all employees to observe all rules, policies, operating procedures, and directives of the Town. The Town further expects that each of its employees will behave with courtesy and respect toward other employees, customers, vendors, others with whom the Town transacts business, and members of the public. Specific rules of conduct adopted by the Town or described in this handbook are not meant to be all-inclusive, but rather address some common and serious potential problems. Outside Employment Employment with the Town shall be the principal vocation of all frill -time, regular employees. Any employee may engage in outside employment provided the following conditions are met. • The outside employment does not violate any provision of the Town's Municipal Code. • The outside employment does not interfere with job performance. • The outside employment does not conflict with the interests of the Town. • The outside employment does not give rise to the appearance of impropriety. • The employee has received written approval from the Town Manager or the Human Resources Department Head, as well as the employee's Department Head before any outside employment or other work activity (including self- employment) is undertaken. Political Activi The Colorado Campaign Reform Act applies to the Town and its employees. Employees are free to participate in any political affiliations, activities and campaigns on their own time, away fiom the offices of the Town, and without use of Town resources. Employees shall refrain from any activities that give the impression of being endorsed by the Town. While on work time, an employee shall not publicly support any candidate for Town office or Town ballot issue, shall not circulate any nominee petitions for office and shall not distribute campaign literature, buttons, placards or similar material on behalf of the candidate. Any employee who is subjected to pressure or coercion to participate in a Town campaign shall report the incident to his or her Department Head or the Town Manager immediately. Each reported incident will be investigated. Any employee found to be in violation of any provision of this policy shall be subject to disciplinary action, which may include termination. Employee Handbook —September 1, 2013 32 Respiratory Protection Policy It is the intent of the Town to offer and provide respiratory protection and personal protective equipment (PPE) of a type appropriate to each employee's assignment. The purpose of the policy is to protect employees while they are wearing and using a respirator and issued personal protective equipment through the use of these procedures. A copy of the Respiratory Protection Policy is located on the Town's Global Drive. Safety Proms The Town acknowledges that a valid safety program is an important function of the operational and administrative systems. It also acknowledges that the function of a safety program pertains to all employees of its various Departments. The health and safety of all employees throughout the Town is of primary importance and each Department shall endeavor to maintain a safety -conscious attitude throughout its operation. All employees are required to accept the concept that the safe way to accomplish a task is the most efficient and the only way to perform it. Safety adherence and performance is an important measure of supervisory and operations performance and is standard criteria included in the evaluation of all employees. The following lists only some of the Ivey safety rules; the list is not intended to be exhaustive or all-inclusive. Each Department may prepare separate safety rules applicable to the specific nature of work in their area but not in conflict with these rules. 1. Proper training and extreme caution are required by all employees operating any type of power equipment. 2. Employees will use personal protective equipment appropriate to the job, such as safety glasses, gloves, safety shoes, and hard hats, if required or appropriate to the work performed. 3. Employees will avoid wearing loose clothing and jewelry while working on or near equipment and machines. 4. All accidents, regardless of severity, personal or vehicular, are to be reported immediately to the employee's supervisor. 5. Defective equipment must be reported immediately to the supervisor. 6. Supervisors will conduct a safety inspection at least annually of significant operations and properties. 7. Employees will not operate equipment or use tools for which appropriate training has not been received. 8. Material Safety Data Sheets (MSDS) will be made available to employees handling materials to which such MSDS pertain. 9. Proper trenching and excavation procedures will be followed by employees involved in such operations. Employee Handbook — September 1, 2013 33 10. Proper confined space entry procedures will be followed by employees involved in such operations. 11. Work zone protection will be utilized when work is performed on a public way. 1I Employees may be required to attend training and safety classes as directed by their supervisors. All Town employees operating or riding in Town owned or non -Town owned passenger vehicles, trucks and motorized equipment must use seat belts when the vehicle is in operation or being used in the performance of Town business. Non -employees riding in the vehicle must also use seat belts. Employees are encouraged to think about how to make their workplace safer for both themselves and their coworkers. Suggestions on improving safety at the Town are welcomed and should be directed to the employee's supervisor, Human Resources, or the Town Manager. Tobacco Policy In keeping with the Town of Firestone's intent to provide a safe and healthful work environment, employees and visitors are not permitted to use tobacco within the Town's facilities, vehicles, or within 15 feet of any entrance into a Town building. This includes all forms of tobacco and e- cigarettes. Employees may use tobacco in designated outdoor areas only during regularly scheduled breaks and lunch periods. The duration or number of breaks from work cannot be extended in order to use tobacco. Severe Weather Policy The Town will make every attempt to retain regular working hours during periods of severe weather. At times however, in the interest of employee safety, management may determine that Town operation be subject to an early closing, late start, or all day closure. Severe weather may include not just snow, but ice storms, severe thunderstorms, tornado warnings, etc. If severe weather occurs after work hours, the Town Manager, or Manager's designee, will make a decision prior to 7 a.m. At that point, if a change to the Town's normal opening hours will occur (either shortened hours or closing) employees will be notified by telephone and e-mail through Blackboard Connect. Severe Weather Pay Policy If the Town is closed, exempt (salaried) employees will receive their regular salary. Non-exempt (hourly) employees will receive payment for the hours they were regularly scheduled to work that day. Employees who have previously scheduled PTO for days when the Town is closed will have no change (in other words, it will still be a PTO day.) Employee Handbook —September 1, 2013 34 If Town Offices are open for regular business and an employee desires not to come into work, the employee will be required to use PTO (with supervisor approval) in order to take the day off. Essential employees who are required to report to work when Town offices are closed will be compensated at a rate of one and one half times their regular hourly rate for hours actually worked. This pay policy applies to employees who work within the 24 hour period when the Town offices are closed (i.e. 12:01 a.m. to 12:00 midnight). Supplemental Rules of Conduct Each Department may have unique circumstances that may require supplemental rules of conduct in order to ensure the efficient and orderly administration of the Department. All such supplemental rules shall be established in writing by the Department Head and shall not be inconsistent with these Personnel Policies (except with respect to specific matters affecting law enforcement officers) or any ordinances or other enactments of the Town Board. All such supplemental rules shall upon approval be acknowledged by and made available to Departmental employees, and copies thereof filed with the Town Manager, Town Clerk and Finance Department payroll office. Amendments to the Firestone Police Department Policies and Procedures Handbook shall also be filed with Human Resources and Finance. Teleworking Upon advance written authorization from his or her direct supervisors, a Town employee may be allowed to telework on designated days or for designated hours in a day. For purposes of this section, "teleworking" means the performance of officially assigned duties at a location away from the employee's customary worksite such as from a home office, but does not include work performed at a temporary worksite for limited duration. Teleworking is not an employee right and is voluntary on the part of the employee and supervisor. Employees in positions involving tasks that are not suitable to be performed away from the customary worksite shall not be allowed to telework. Employees approved for teleworking must account for and report time in the same manner as if the employee reported for duty at the customary worksite. Use of Town Vehicles Town vehicles may be used only for Town -business purposes and in the manner authorized by the Town Manager and Town Board of Trustees. All vehicles shall be operated in accordance with all applicable traffic laws, including use of seat belts, except that the operation of police vehicles in emergency situations shall be governed by applicable statutes and the Firestone Police Handbook. Vehicle operators shall be responsible for the condition and proper use of their vehicles. Unauthorized or improper use of Town vehicles will not be tolerated. The Town reserves the right to review all employee driving records at least annually. Please see the Town's Global Drive for the full policy. Employee Handbook —September 1, 2013 35 Use of Computers The Town's computers and computer systems are managed by the Town. Access to the network and software programs are established by the Town, including set up and issuance of passwords. The following policies apply to all employees with computer access, including use of laptop computers: • The use of Town computers shall be for official Town business only. Limited personal use of computers on the employee's own time is permitted, provided this use is reasonable, does not disrupt the operation of the Town's network, does not include use of social media, does not interfere with Town business or employee productivity and does not involve any attributable additional costs to the Town. • Only properly licensed software approved by the Town can be placed on Town computers. Employees shall not copy any software on Town computers. Storage of non business -related files on Town systems, including individual computers and network servers, is not permitted. These files include music files, movie files, MP3 files, etc. • Employees using computers understand that all information, files, e-mail, etc, placed on the computer by the employee may be subject to disclosure under the Colorado Open Records Law and employees should not expect a right to privacy regarding information the employee places on Town computers. • Inter -office communications marked as confidential shall be treated as such and shall not be disseminated outside of the Town organization without authorization from the Town Manager or Department Head. • Employees are subject to the Town's policies on E-mail, a copy of which is included on the Town's Global Drive. Employees are not permitted to use Town computers to visit websites or send electronic mail that contain pornography, ethnic slurs, racial epithets, or anything that may be construed as harassment or disparagement of others based on their disability, race, religion, color, creed, national origin, ancestry, sex, sexual orientation, marital status, genetic information or age. The Town reserves the right to determine when an employee is sending excessive or improper electronic mail or is spending excessive personal time on the internet, and to take such corrective and/or disciplinary action as the Town deems appropriate. Electronic Devices All Town electronic devices (including landline telephones, cellular phones, smart phones, two- way radios, tablets, laptops, or other electronic devices provided for the purpose of communication and/or accessing information) are intended to be used for official Town business only, and their use is subject to administrative policies as promulgated by the Town Manager. The Town's current policies may be obtained from the Town Manager and the Finance Department. Certain employees of the Town may be provided with Town -owned electronic devices to be used for work related purposes for the performance of their jobs. Employees receiving such Town - Employee Handbook —September 1, 2013 36 owned devices are required to abide by the above -referenced administrative policies on their use, and may be required to sign an agreement respecting the device provided to them. Workplace Violence The Town has a zero tolerance policy with regard to workplace violence and does not tolerate harassment, intimidation, stalking, threats of violence, and violence within the work environment. A safe work environment is the responsibility of all employees, and employees are responsible for making their personal safety and the safety of others in the workplace a priority. Workplace violence is any conduct in the workplace that is meant to harm, cause fear in, or intimidate another, including but not limited to: (1) physical acts or physical threats against persons or their property, or Town property; (2) direct or veiled threats, profanity, or vicious or abusive statements; (3) written threats, profanity, vicious cartoons, notes, or other written or symbolic conduct; (4) stalking; or (5) except as otherwise permitted by law, possession of any weapon while on Town premises, or on Town business, other than by authorized law enforcement personnel and other than a lawful non -lethal personal defense weapon such as mace or pepper spray. Such conduct by Town employees is prohibited and may result in disciplinary action including termination of employment and, where appropriate, referral for prosecution by legal authorities. Any employee who experiences any of the foregoing should report the same promptly to a supervisor, Department Head, or Town Manager, as the employee chooses. Such conduct should be reported whether the conduct is by another Town employee, a spouse, civil or domestic partner, significant other, or other person with a present or former personal relationship to a Town employee, or a client, vendor, contractor, visitor, member of the public, or other person. The notification may be in the form chosen by the employee; the employee is urged to put the notification in writing. No employee shall be subjected to reprisal or retaliation for making such a notification. The employee should report immediately any incidents of reprisal, retaliation, or harassment, which occur as a result of making such a notification. Upon notification, an investigation will be undertaken promptly. Disciplinary, corrective or other appropriate follow-up action will be taken when determined to be warranted pursuant to the investigation. The employee who filed the notification will be apprised of the completion of the investigation. To the extent possible, complaints and investigations will be handled in a confidential manner. If it is determined that any employee's conduct violates the Town's workplace violence policy, the employee shall be subject to corrective and/or disciplinary action. That action may include verbal or written reprimand, suspension, or discharge as justified based on the findings of the investigation. Employee Handbook —September 1, 2013 37 Any employee with a restraining order that applies on Town premises shall promptly provide the Department Head with a copy of the same. Any conduct that requires immediate attention by security or law enforcement should be reported to the police. Employee Handbook— September i, 2013 38 Drugs And Alcohol Drug -Free Workplace Act Of 1988 The following policy is adopted pursuant to the Drug Free Workplace Act of 1988, 41 U.S.C. §702. The Town of Firestone is a drug free workplace as required by the Drug Free Workplace Act. It is both the Town's and each employee's responsibility to maintain such an environment. The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace. An employee's violation of this prohibition, or any other drug abuse violation, may result in disciplinary action up to and including discharge. The Town will provide such educational information to employees on the dangers of drug abuse in the work place as the Board and/or each supervisor or Department Head determine appropriate. As required by the Drug -Free Workplace Act, each employee engaged in the performance of any federal grant, as a condition of employment must: • Abide by the terms of this policy; and • Notify the Town in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. Upon notification of any such conviction, the Town will take action in compliance with the Drug -Free Workplace Act and Regulations. Controlled Substance And Alcohol - Testing The Town is committed to a safe, healthy, and productive work environment for all employees, free from the effects of illegal or non -prescribed drugs and alcoholic beverages. Use of drugs and alcohol alters employee judgment resulting in increased safety risks, employee injuries, and faulty decision -making. Therefore, the possession, use, sale of controlled substances or alcohol on Town premises or during Town time is strictly prohibited. Furthermore, working after the use of alcohol, a controlled substance or abuse of any other substance is prohibited. Testing is an important element in the Town's efforts to ensure a safe and productive work environment. The Town has issued a separate statement for this testing program, which is available on the Town's Global Drive. If you have specific questions on the Town's policy, please refer to Human Resources, your supervisor or the Town Manager. Employee Handbook— September 1, 2013 39 Discipline/Problem Resolution/Appeal Process Discipline Occasionally performance or other behavior falls short of Town standards and/or expectations. When this occurs, management takes action, which, in its opinion, seems appropriate. Disciplinary actions can range from an informal discussion with the employee about the matter to immediate discharge. Action taken by management in an individual case does not establish a precedent in other circumstances. Problem Resolution If you have a problem concerning awork-related matter, discuss it frankly with your supervisor. Normally, this discussion should occur within three to five days of the incident, or in a timely basis. Discussions held in a timely manner, while the incident is fresh in everyone's mind, will enhance everyone's ability to discuss, review and resolve concerns. Your supervisor is an important person to you and your success on your job. If you are riot satisfied after discussing the problem with the supervisor, or if it is inappropriate to go to the supervisor, an "open door" guideline exists. You may take your problem to Human Resources and/or to higher levels of management. Should you desire further resolution, speak to the Town Manager who will make the final determination. Termination When, in the Town's determination, performance issues or violation of standards of conduct warrant it, the Town may terminate an employee. Terminations are subject to review by the Human Resources Department Head and approval of the Department Head. Employees will be provided with a notice of intent to terminate, including the reasons for the proposed termination. A hearing will be held with the employee's Department Head and a representative from Human Resources prior to imposing any proposed termination. At the hearing, an employee will have the opportunity to respond to the information contained in the notice of intent to terminate. Employees may be placed on administrative leave until a formal hearing can be held. The hearing date will be established, in writing, by the Department Head. After the hearing, the Department Head will issue a written determination. The Department Head may deny the termination, affirm the termination or modify the discipline to be imposed, based on the Department Head's review and determination. Only full-time and part-time employees may appeal termination. If no appeal is filed, the decision of the Department Head is final and shall be considered to be the final decision of the Town as of the decision date. Employee Handbook— September 1, 2013 40 Appeal Procedures Employees may appeal a determination by the Town to suspend without pay, involuntarily demote, or terminate an employee. Any appeal must follow the procedure outlined below. In computing any period of time described in this section, if the last day of the period falls on Saturday, Sunday, or Town holiday, then the period runs until the next day that is not a Saturday, Sunday, or Town holiday. Any appeal by an employee of a suspension without pay, involuntary demotion or termination shall be fled in writing by the employee within five calendar days of the date of the notification of the suspension without pay, involuntary demotion, or termination. Written appeals shall state the grounds for the appeal, shall refer to the provision or provisions of the Town policy, practice, procedure, rule or regulation alleged to have been violated, and shall set forth the facts pertaining to the appeal. Appeals shall be addressed to the Town Manager. The Town Manager will have ten calendar days to schedule a hearing on the appeal and notify the employee of the date of the hearing. The Town Manager may appoint another individual to serve as the hearing officer for the hearing. At the hearing the parties may present documents or other evidence and may ask questions of witnesses who are permitted to speak at the hearing. The hearing shall not be subject to the rules of evidence governing judicial proceedings, and the Town Manager or hearing officer shall determine all objections and other matters raised concerning the conduct of the hearing and presentation of evidence. The Town Manager or hearing officer shall determine whether proposed witnesses, if any, shall be permitted to speak, and may question witnesses. The Town Manager or hearing officer shall have ten days from the conclusion of the hearing to render a written decision containing findings of facts, conclusions and a decision on the discipline. Such decision shall be final and no further appeal shall be permitted except as provided in Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The fling of an appeal under this Policy shall stay the imposition of any proposed disciplinary action pending the outcome of the appeal conducted pursuant to this section; provided, however, that this section shall not be deemed to prohibit the placement of an employee on paid or unpaid administrative leave pending such appeal. Employee Handbook —September 1, 2013 41 Separation From Employment Res i ng on Resignation is a voluntary act of separation from employment initiated by the employee. Employees are requested to give their supervisor at least 10 working days prior notice of resignation. An employee who, without authorization, fails to report for work for three consecutive working days shall be terminated from employment as of the end of the third consecutive day. The Department Head shall provide written notice to the employee that the resignation has been accepted and that the position has been declared vacant. Employees who choose to separate are entitled to compensation for earned PTO leave, up to a specified maximum as follows: First Year of Service 40 hours Years 2 — 4 120 hours Years 5 — 9 160 hours Years 10+ 240 hours Retirement Employee retirement benefits are governed by provisions of the Town's pension plans. The Police Pension Plan provisions apply to all sworn police officers of the Town. Employees who choose to retire are entitled to compensation for all accrued PTO leave, and/or compensatory time. Employees who retire must complete pension withdrawal forms as dictated by the provisions of the Town's pension plans in order to ensure their funds are disbursed according to their desires. Additional information regarding withdrawal of pension funds is available from the Finance Department payroll office. Employee Handbook —September I, 2013 42 ACKNOWLEDGEMENT OF RECEIPT I HAVE RECEIVED A COPY OF THE TOWN OF FIRESTONE EMPLOYEE HANDBOOK DATED EFFECTIVE SEPTEMBER 1, 2013. I UNDERSTAND THAT I AM TO BECOME FAMILIAR WITH ITS CONTENTS, FURTHER, I UNDERSTAND. ❖ EMPLOYMENT WITH THE TOWN OF FIRESTONE IS AT -WILL. I HAVE THE RIGHT TO END MY WORK RELATIONSHIP WITH THE TOWN, WITH OR WITHOUT ADVANCE NOTICE FOR ANY REASON. THE TOWN HAS THE SAME RIGHT. ❖ THE LANGUAGE USED IN THIS HANDBOOK AND ANY VERBAL STATEMENTS OF MANAGEMENT ARE NOT INTENDED TO CONSTITUTE A CONTRACT OF EMPLOYMENT, EITHER EXPRESS OR IMPLIED, NOR ARE THEY A GUARANTEE OF EMPLOYMENT FOR A SPECIFIC DURATION. ❖ THE HANDBOOK IS NOT ALL INCLUSIVE, BUT IS INTENDED TO PROVIDE ME WITH A SUMMARY OF SOME OF THE TOWN'S GUIDELINES. ❖ THIS EDITION REPLACES ALL PREVIOUSLY ISSUED HANDBOOKS. THE NEED MAY ARISE TO CHANGE THE GUIDELINES DESCRIBED IN THE HANDBOOK, EXCEPT FOR THE AT -WILL NATURE OF EMPLOYMENT. THE TOWN THEREFORE RESERVES THE RIGHT TO INTERPRET THEM OR TO CHANGE THEM WITHOUT PRIOR NOTICE. ❖ NO REPRESENTATIVE OF TOWN, OTHER THAN THE TOWN MANAGER, HAS THE AUTHORITY TO ENTER INTO AN AGREEMENT OF EMPLOYMENT FOR ANY SPECIFIED PERIOD AND SUCH AGREEMENT MUST BE IN WRITING, APPROVED BY THE BOARD, AND SIGNED BY THE TOWN MANAGER AND MYSELF. WE HAVE NOT ENTERED INTO SUCH AN AGREEMENT. Employee Signature Employee Printed Name Date