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Res 17-31 Approving Personnel Manual Amendments TOWN OF WESTLAKE RESOLUTION 17-31 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE,TEXAS, APPROVING AMENDMENTS TO THE TO THE TOWN OF WESTLAKE PERSONNEL MANUAL. WHEREAS, the Town of Westlake realizes that updates and refinements to our standardized personnel policies and procedures are an ongoing and necessary practice; and WHEREAS,the goal of the Town of Westlake is to provide policies and benefits that are competitive to surrounding cities; and WHEREAS, the Town of Westlake desires is to provide employees with a personnel manual that reflects the goals and vision of the Town's leaders; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Westlake Town Council hereby approves the personnel policy amendments attached to this resolution as Exhibit "A, and its inclusion into the Town of Westlake Personnel Manual. SECTION 3: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-31 Page 1 of 2 SECTION 4: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 28th DAY OF AUGUST, 2017. ATTEST: Laura Wheat, Mayor Kelly),Edward , Town Secretary Thomas E. Brymer, Vwn Manager O� BEST APPROVED S TO FO L. gardonlow4, orne 1' 5 Resolution 17-31 Page 2 of 2 Exhibit "A" Part-Time Firefighter Program The Town of Westlake helps to maintain minimum staffing requirements by qualified personnel on a part-time basis. The primary purpose of the Program is to provide the community with an auxiliary unit of trained, competent Firefighter/Paramedics. These employees supplement our regular personnel and can be used in the event of an emergency when manpower is critical. A screening process will be conducted on all applicants selected by the Fire Chief to be considered for available positions. Requirements 1. Must be at least 21 years of age; 2. Must be in good physical and mental health with no disabling physical condition; 3. Must possess a valid Texas driver's license; 4. Must not have a history of criminal or improper personal conduct that may affect suitability for public safety work; 5. Must possess a United States high school diploma or G.E.D. equivalent; and 6. Must possess current firefighter and paramedic certifications; 7. United States Citizenship required or legal authorization to work in the United States. Hiring Process 1. Completion of Town of Westlake Employment Application 2. Completion of Personal History Statement 3. Review of Candidate Qualifications 4. Background Investigation 5. Department Interview 6. Certification and Appointment Commitment Part-time Firefighters are required to work a minimum amount of shifts, as outlined in the Department's Standard Operating Policies. Part-time Firefighters not meeting this requirement will be classified as inactive for an additional calendar quarter. If inactive for more than two consecutive calendar quarters, Part-time Firefighters may be terminated without prior notice. Employee Benefits Part-time Firefighters are offered only specified benefits. These include social security match, Medicare match, unemployment insurance, and workers' compensation insurance, as required by law. Other benefits, including vacation pay, sick leave, retirement benefits, health or disability insurance or related benefits, or any other type of employee benefits, are not included. Compensation Part-time Firefighters will be compensated at a rate that will be reviewed annually during the Town's budget process. This pay rate may be adjusted at any other time by the Town Manager. Employees will be paid twice monthly by direct deposit in accordance with the Fire Department's 15-day payroll cycle. Resolution 17-31 Page 3 of 2 Uniforms Part-time Firefighters will be provided with apparel which will identify them as a Town of Westlake employee. In addition, bunker gear will be available for Part-time Firefighters to use during emergency calls. Pants and footwear will not be provided. Nature of Employment Part-time Firefighters are subject to the same policies and departmental procedures as all other employees. Details of these policies and procedures are contained in the Town of Westlake Personnel Manual and the Westlake Fire/EMS Standard Operating Procedures document. All Part-time Firefighters will receive a copy of the Town of Westlake Personnel Manual, either in printed or electronic form. It shall be the responsibility of each employee to read, understand, and comply with all policies, procedures, rules, regulations, and practices, both those of the Town and those of their respective departments. Failure to comply may result in disciplinary action up to and including termination of employment. Use of Town Equipment All desks, lockers, vehicles, computers, storage devices, and any other equipment assigned to employees throughout an employee's employment remain the property of the Town and may be inspected by a Department Head without notice. There is no expectation of personal privacy in any desk, locker, vehicle and/or equipment owned by or belonging to the Town. If an employee chooses to lock up personal belongings in Town property, the employee shall provide the Department Head with a copy of the key or combination that can be used in the event of an absence from work. The Town assumes no responsibility for loss of employees' personal belongings stored in Town property. For use of computer related equipment, see Section 2.05. Resolution 17-31 Page 4 of 2 �F WEST LAKE ASA 7--Fown of Acknowledgement of Receipt r { Name I hereby acknowledge receipt of my personal copy of the Town of Westlake Personnel Manual, adpopted August 28, 2017. I agree to read the handbook and abide by the standards, policies, and procedures defined or referenced in this document. The information in this manual is subject to change. I understand that changes in Academy poli- cies may supersede, modify, or eliminate the information summarized in this document. As the Academy provides updated policy information, I accept responsibility for reading and abiding by the changes. I understand that no modifications to contractual relationships or alterations of at-will employ-ment relationships are expressed or implied by the Town of Westlake Personnel Manual. I understand that I have an obligation to inform the Human Resources Office of any changes in personal information, such as phone number, address, etc. I also accept responsibility for con- tacting the the Human Resources Office if I have questions or concerns, or need further explanation. I also acknowledge receipt of the following documents: • Westlake Academy Fraud Policy • New Health Insurance Marketplace Coverage Options and Your Health Coverage" document(OMB No. 1210-0149) • Worker's Compensation Notice • FMLA Rights and Responsibilities Notice (WHD Publication 1420) Employee Signature Date Table of Contents Section 1-Administration and General Information................................................................................1 1.01 Nature of Employment.......................................................................................................................1 1.02 Employee Responsibility ...................................................................................................................1 1.03 Objectives and Policy Statements.....................................................................................................1 1.03.01 Policy........................................................................................................................................1 1.03.02 Guidelines................................................................................................................................2 1.03.03 Responsibility..........................................................................................................................2 1.03.04 Objectives ...............................................................................................................................2 1.03.05 Policy Changes.......................................................................................................................3 Section 2- Federal and State Employment Laws and Regulations........................................................3 2.01 Americans with Disabilities Act of 1990 (ADA)................................................................................3 2.02 Consolidated Omnibus Budget Reconciliation Act (COBRA)............................................................3 2.03 Identity Theft Policy (FACTA)...........................................................................................................3 2.04 Equal Employment Opportunity.......................................................................................................4 2.05 Fair Labor Standards Act (FLSA)....................................................................................................5 2.06 Family Medical Leave Act (FMLA).....................................................................................................5 2.07 Immigration Law Compliance...........................................................................................................6 2.08 Internal Revenue Code, Section 125 (Cafeteria Plan)......................................................................6 2.10 Whistleblower Act..............................................................................................................................8 Section 3: Application and Initial Employment........................................................................................8 3.01 Vacancies and Job Announcements...............................................................................................8 3.02 Employment Applications................................................................................................................8 3.03 Hiring Procedures..............................................................................................................................9 3.04 Probationary/introductory Periods...................................................................................................9 Section 4: Conditions of Employment....................................................................................................10 4.01 Required employment Forms........................................................................................................10 4.02 Fitness for Duty Evaluations..........................................................................................................10 4.02.01 Employment-related physicals................................................................................................10 4.02.02 Psychological Evaluations ......................................................................................................11 4.03 Hiring of Relatives (Nepotism).......................................................................................................11 4.04 Outside Employment......................................................................................................................12 4.05 Promotions.....................................................................................................................................13 Section 5: Employee Standards of Conduct..........................................................................................13 5.01 Confidentiality of Information ........................................................................................................13 5.02 Conflict of Interest..........................................................................................................................13 5.03 Dress Code.....................................................................................................................................14 Town of Westlake Personnel Manual—Revised August 28,2017 Page i 5.04 Electronic Communications and Equipment...................................................................................14 5.04.01 Prohibited Activities...............................................................................................................15 5.04.02 Personal Use.........................................................................................................................15 5.04.03 Personal Computers and the Internal Network.....................................................................16 5.04.04 Internet..................................................................................................................................16 5.04.05 Email .......................................................................................................................................16 5.04.06 Web Browsing.........................................................................................................................16 5.04.07 Instant (or Text) Messaging....................................................................................................17 5.04.08 Telephone Voice Mail .............................................................................................................17 5.04.09 Employee Mobile Phone Policy............................................................................................17 Town-issued Mobile phones.................................................................................................17 Employee Mobile Phone Allowance .....................................................................................17 Mobile Phone Reimbursement..............................................................................................19 5.05 Employee Conduct........................................................................................................................19 5.06 Attendance and Punctuality...........................................................................................................20 5.07 Work Schedules.............................................................................................................................20 5.08 Facial Jewelry................................................................................................................................21 5.09 Fraud Policy...................................................................................................................................21 5.10 Acceptance of Gifts..........................................................................................................................24 5.11 Inclement Weather.........................................................................................................................24 5.12 Political Activity..............................................................................................................................25 5.13 Tobacco-Free Workplace ..............................................................................................................26 5.14 Travel Policy...................................................................................................................................26 Event/Travel Procedures ...............................................................................................................27 5.15 Town-Issued Credit Cards.............................................................................................................31 5.16 Drug Free Work Place...................................................................................................................31 5.17 Drug and Alcohol Policy ..................................................................................................................32 5.17.01 Definitions ...............................................................................................................................32 5.17.02 Constitutional Rights of Employees........................................................................................35 5.17.03 Supervisory Training...............................................................................................................35 5.17.04 Notification of Supervisor of Authorized Drug Use .................................................................35 5.17.05 Additional Employee Responsibilities.....................................................................................35 5.17.06 Call for Special Duty ...............................................................................................................36 5.17.07 Required Drug and/or Alcohol Testing....................................................................................36 5.17.08 Testing Methods .....................................................................................................................37 5.17.09 Procedures for Administering Tests........................................................................................37 5.17.10 Drug Testing Procedures........................................................................................................38 5.17.11 Alcohol Testing Procedures....................................................................................................38 5.17.12 Medical Examination...............................................................................................................38 Town of Westlake Personnel Manual—Revised August 28,2017 Page ii 5.17.13 Post-Test Procedure...............................................................................................................39 5.17.14 Exam Results Confidentiality..................................................................................................39 5.17.15 Drug Testing Results ..............................................................................................................40 5.17.16 Alcohol Testing Results ..........................................................................................................40 5.17.17 Employee Cooperation ...........................................................................................................41 5.17.18 Operation of Vehicles and Equipment....................................................................................42 5.17.19 Searches and Inspections in the Workplace...........................................................................42 5.17.20 Employee Convictions ............................................................................................................42 5.17.21 Social Functions......................................................................................................................43 5.17.22 Off-Duty Conduct....................................................................................................................43 5.17.23 Reservation of Rights..............................................................................................................43 5.18 Part-Time Firefighter Program.......................................................................................................43 Section 6: Wage and Salary Administration...........................................................................................45 6.01 Paydays.........................................................................................................................................45 6.02 Direct Deposit................................................................................................................................45 6.03 Timekeeping ..................................................................................................................................46 6.04 Pay Corrections..............................................................................................................................46 6.05 Employment Classifications...........................................................................................................46 6.06 Compensatory Time ......................................................................................................................47 6.07 Overtime .........................................................................................................................................48 6.08 Pay Increases and title changes....................................................................................................48 6.09 Pay Increases.................................................................................................................................48 6.10 Skill /Standards rating plans...........................................................................................................48 6.11 Market Adjustments........................................................................................................................49 6.12 Payroll Deductions.........................................................................................................................49 6.13 Personnel Data Changes ..............................................................................................................49 Section 7: Employee Benefits..................................................................................................................49 7.01 Holidays.........................................................................................................................................49 7.02 Insurance Benefits (Dental, Medical, Life).....................................................................................50 7.03 Other Insurance Coverage..............................................................................................................51 7.03.01 Workers' Compensation..........................................................................................................51 7.03.02 Public Officials Liability ...........................................................................................................51 7.03.03 Automobile Liability.................................................................................................................51 7.04 Retirement.....................................................................................................................................52 7.04.01 Texas Municipal Retirement System (TMRS).........................................................................52 7.04.02 Social Security........................................................................................................................52 7.05 Payroll Deductions.........................................................................................................................52 7.06 TMRS Supplemental Death Benefit.................................................................................................53 7.07 Deferred Compensation (457 PLAN).............................................................................................53 Town of Westlake Personnel Manual—Revised August 28,2017 Page iii 7.08 Internal Revenue Code, Section 125 (Cafeteria Plan)..................................................................53 7.09 Car Allowance and Mileage Reimbursement................................................................................53 7.10 Taxable Fringe Benefits.................................................................................................................54 7.11 Use Westlake Public Facilities........................................................................................................54 7.12 Enrollment in Westlake Academy..................................................................................................54 Section8: Leave and Absences ..............................................................................................................54 8.01 Vacation...........................................................................................................................................54 8.02 Sick Leave.......................................................................................................................................56 8.03 Community Sick Leave Bank...........................................................................................................58 8.04 Bereavement Leave ......................................................................................................................58 8.05 Military Leave.................................................................................................................................59 8.06 Personal Leave................................................................................................................................59 8.07 Witness/Jury Duty..........................................................................................................................59 8.08 Paid leave for non-exempt employees...........................................................................................60 Section 9: Corrective Action, Appeals, and Grievances.......................................................................60 9.01 Disciplinary Actions........................................................................................................................60 9.02 Acts Constituting Disciplinary Action.............................................................................................62 9.03 Employee Complaint and Grievance Policy..................................................................................63 Section 10: Performance Evaluations.....................................................................................................65 10.01 Performance Evaluations ............................................................................................................65 10.02 Purpose .......................................................................................................................................65 10.03 Pending Investigations ..................................................................................................................65 10.04 Skill/Standards rating plans...........................................................................................................65 10.05 Performance Evaluation Appeal Guidelines ..................................................................................66 Section 11: Termination of Employment................................................................................................66 11.01 Employment Termination...............................................................................................................66 11.02 Health Care Coverage Continuation............................................................................................67 11.03 Exit Interviews..............................................................................................................................68 11.04 Reduction in Work Force.............................................................................................................69 11.05 Reinstatement..............................................................................................................................69 GLOSSARY OF TERMS.........................................................................................................................70 Town of Westlake Personnel Manual—Revised August 28,2017 Page iv Section 1- Administration and General Information 1.01 Nature of Employment This handbook provides employees with a general understanding of our personnel policies. Employees are required to read and understand the contents of this handbook. This handbook and policies contained herein, is not a binding employment contract; nor is it intended to create contractual obligations of any kind. All employment with the Town of Westlake is "at will," meaning that an individual's employment may be terminated at any time, with or without notice, for any reason or no reason, by either the Town or the employee. Neither the employee nor the Town of Westlake is bound to continue the employment relationship. The Town reserves the right to change, revise or eliminate any of the policies, procedures, or benefits described in this handbook. This handbook replaces and supersedes all earlier Town personnel practices, policies, and guidelines. Any increase or decrease in employee benefits will normally occur during the annual budget review process and be adopted by the Town Council. 1.02 Employee Responsibility_ It shall be the responsibility of each employee to read, understand, and comply with all policies, procedures, rules, regulations, and practices, both those of the Town and those of their respective departments. Failure to comply may result in disciplinary action up to and including termination of employment. 1.03 Objectives and Policy Statements 1.03.01 Policy It is the policy of the Town that the general and final authority for Personnel Administration rests with the Town Manager, except for matters reserved to the Town Council by State law. The issuance of these policies and procedures does not constitute a contract between the Town and its employees for any duration of employment. The Town Manager reserves the right to change, revise or eliminate any of the policies, procedures or benefits outlined in this manual. Management authority includes but is not limited to the following: • Discipline or discharge; • Hiring, promotion, assignment, or transfer of employees; • Determination of the mission, goals, and objectives of Town departments; • Determination of the method, means, and allocation/assignment of personnel needed to carry out the Town's mission; • Introduction of new or improved methods or facilities and changes of such; Town of Westlake Personnel Manual—Revised August 28,2017 Page 9 of 72 • Determination of reasonable schedules of work and establishment of methods and processes by which such work is performed; • Requiring the performance of duties as stated and intended in the job description, with the understanding that every duty connected with the Town's operation and enumerated in a job description is not always specifically described; and • Determination of position availability by: Hiring and promoting or by authorizing lateral reassignments. 1.03.02 Guidelines • Individual Town departments may develop policies and procedures that are consistent with Town policies and procedures. • Policies and procedures apply to all employees of the Town, both on and off duty where applicable, and unless otherwise indicated, restricted by proper authority, or prohibited by State and/or Federal law. • Only the Town Manager or his designee through expressed delegation has the authority to enter into any employment agreements, promises, or commitments contrary to these policies and procedures, and all such agreements, promises, and/or commitments entered into by the Town Manager or his designee shall not be enforceable unless in writing and approved by the Town Council. • Any statement in a policy and procedure found to be illegal, incorrect, and/or inapplicable shall not affect the validity or intent of the remaining content of said policy and procedure. • Titles utilized shall not govern, limit, modify, or affect the scope of meaning or intent of any provision. 1.03.03 Responsibility • It is the responsibility of the Human Resources Department and each Department Head to ensure that each affected employee receives a copy of the policies and procedures upon implementation of said document at his/her initial employment orientation. • It is the responsibility of each Department Head and/or immediate supervisor to ensure the policies and procedures are fairly administered and equitably enforced. • It is the responsibility of each affected employee to read, retain, understand, and update his/her policies and procedures when provided applicable revisions and additions. 1.03.04 Objectives • To promote and increase productivity, efficiency, responsiveness to the public, and economy in Town service; • To provide fair and equal opportunity for qualified persons to enter and progress in Town service in a manner based upon merit and fitness as ascertained through fair and practical personnel management methods; • To maintain a program of recruitment, advancement, and longevity that will make Town service an attractive career, and to encourage employees to give their best effort to the job and to the public; • To establish and maintain a uniform plan of evaluation and compensation based upon the duties and responsibilities of positions in the Town; • To establish and promote high morale among Town employees by fostering good working relationships, providing uniform personnel policies, providing opportunities for advancement, and consideration of employee needs and desires. Town of Westlake Personnel Manual—Revised August 28,2017 Page 2 of 72 1.03.05 Policy Changes The Town of Westlake reserves the right to change, modify, amend, revoke or rescind all or part of this policy in the future. 1.03.06 Individual Department Policies It shall be the prerogative of each Department Head to develop and implement department policies, procedures, rules, regulations, and/or practices that are separate from or in addition to the policies, procedures, and regulations listed in the personnel policies. However, department policies and procedures, rules and regulations shall not be less restrictive, or inconsistent with the personnel policies of the Town. A copy of all department policies should be on file in the Human Resources Department. All Departmental policies must be reviewed by the Town Attorney and Town Manager in advance prior to adoption. Section 2- Federal and State Employment Laws and Regulations 2.01 Americans with Disabilities Act of 1990 (ADA) As mandated by the Americans with Disabilities Act ("ADA" or"The Act"), the Town does not discriminate against individuals with disabilities in the areas of employment, public services, and public accommodations. The Town does not discriminate against individuals with "qualifying disabilities" (as defined in the Act)who are otherwise qualified to perform the essential functions of a job, with or without reasonable accommodations. "Essential functions," as defined in the Act, are the basic job duties an employee must be able to perform, with or without reasonable accommodations. "Reasonable accommodations" will be defined as any accommodation for an individual with a disability that can be made without causing the Town "undue hardship" as defined in the Act. 2.02 Consolidated Omnibus Budget Reconciliation Act (COBRA On April 7, 1985 the COBRA law was enacted requiring your employer to offer employees and their families the opportunity for temporary extension of medical benefits coverage (called "continuation coverage") at group rates in certain instances where coverage under the plan would otherwise end; i.e. employee's resignation, termination, or reduction in hours of employment, death of spouse, termination of spouse's employment, or reduction in spouse's hours of employment; divorce or legal separation, or if a spouse becomes eligible for Medicare. If you would like more information on COBRA, please contact Human Resources. 2.03 Identity Theft Policy (FACTAJ The Town of Westlake is committed to keeping the information received from citizens and customers safe from identity theft. This policy is designed to protect people from identity theft and to address the requirements of state and federal law. The methods used to prevent Town of Westlake Personnel Manual—Revised August 28,2017 Page 3 of 72 identity theft include ensuring that the information given to open an account with the Town is valid to prevent someone from using another person's identity to open an account, monitoring already existing accounts for unusual or suspicious activity and, finally, providing for notification of account holders in the unlikely event of unauthorized release of sensitive information. The purpose of this policy is to set out procedures and practices to assist Town personnel in the prevention of identity theft and to comply with federal and state law requirements. Eliminating identity theft involves prevention, monitoring and notification. The Town will take measures to prevent fraudulent accounts from being opened, will monitor existing accounts for suspicious activity, and will notify individuals if an unauthorized release of information occurs. According to the Fair and Accurate Credit Transactions Act ("FACTA") a municipal utility is a creditor subject to the requirements of the law. FACTA provides for certain "Red Flags" in its "Red Flag Rule" to assist in identifying and preventing identity theft. The Town of Westlake Identity Theft Prevention Policy contains procedures to: 1. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; 3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; 4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from Identity Theft. The Texas Local Government Code, section 205.010, provides that certain requirements of the Business and Commerce Code apply to cities. Those requirements generally concern notification in the event of an unauthorized breach of sensitive personal information, and those standards are contained in the Town of Westlake Identity Theft Prevention Policy. In compliance with federal law, employees performing certain job duties will be required to complete a training course for the purpose of Red Flag identification and identity theft prevention. Employees will be provided this training at the Town's expense and will be coordinated by the Human Resources Department. In addition, all Town employees will receive a complete copy of Town of Westlake Identity Theft Prevention Policy. 2.04 Equal Employment Opportunity The Town of Westlake is committed to an effective equal employment opportunity program in which all applicants will be afforded equal opportunities to be employed and all employees will receive fair and equitable consideration in all aspects of personnel administration. Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline, or in any other aspect of personnel administration is prohibited because of race, color, sex, national origin, religious opinions or affiliations, age, and/or disability. Age, sex, or physical requirements must have been demonstrated to be bona fide occupational qualifications prior to use as selection criteria. Any employee who feels discriminated against may file a complaint in accordance with procedures in the employee handbook. Town of Westlake Personnel Manual—Revised August 28,2017 Page 4 of 72 2.05 Fair Labor Standards Act (FLSA). The Fair Labor Standards Act (FLSA) established minimum wage, overtime, recordkeeping, and child labor standards and applies to all full-time and part-time employees. As amended in 1985, FLSA provides the option for compensatory time in lieu of overtime compensation for non-exempt employees. Executive, administrative, and professional employees are exempt from the FLSA overtime requirements. The Town will comply with the FLSA, which establishes the minimum wage for non-exempt employees. 2.06 Family Medical Leave Act (FMLA) The Town of Westlake is required to comply with the Federal Family Medical Leave Act (FMLA) of 1993. This section is considered a supplemental to the employee's rights under FMLA. The Town reserves the right to designate FMLA leave as needed to any eligible employee and to require employees to use first all available paid time off as qualifying FMLA time toward the 12-week limit. The FMLA entitles eligible employees to take up to 12 weeks of paid or unpaid, job-protected leave in a 12-month period based on the employee's anniversary hire date for: • The birth or placement of a child for adoption or foster care. • To care for an immediate family member (spouse, child, or parent) with a serious health condition. • To take medical leave when the employee is unable to work because of his/her own serious health condition. Eligible Employees To be eligible for FMLA, an employee must have worked for the Town for at least one year and have completed 1,250 hours over the 12 months prior to the commencement of the leave. The 12-month period during which an eligible employee may take up to 12 weeks of unpaid leave will be calculated using the eligible employee's service anniversary date. Procedure An eligible employee who wishes to take FMLA must provide his/her supervisor with 30 days' notice when the leave is foreseeable. At the time of the request, the employee may complete a "Family Medical Leave Information/Request Form". Once FMLA is requested or designated by the Town, the employee will receive an information packet containing the full policy, forms, rights, and duties of the FMLA for both the employee and the Town. In most cases, the eligible employee must submit medical certification to support a request for leave. Health and dental benefits will continue during the FMLA provided the employee makes his/her regular, monthly contributions to the plan. Failure to pay premiums may result in lapse of coverage. Contact the Human Resources Department for specific details on continuing benefits while on leave. Town of Westlake Personnel Manual—Revised August 28,2017 Page 5 of 72 Employees returning from FMLA within the 12-week period will be restored to their original job, or to an equivalent job with equivalent pay and benefits. Employees returning from a medical FMLA may be required to present medical certification of fitness for duty. Failure to provide a medical certificate of fitness for duty may result in a denial of job reinstatement until medical certificate release is provided. FMLA may be taken in increments as small as one hour, and may not earn additional paid time off while on FMLA. Contact the Human Resources Department for the complete policy on the Family and Medical Leave Act and for a full explanation of your rights. FMLA will always begin with paid time off until all available paid time is used. After exhausting paid FMLA leave, non-paid FMLA leave will continue until the conclusion of the protected 12-week time limit. Following the conclusion of protected leave, the employer will decide whether non-FMLA leave should apply. The medical Certification of Health Care Provider serves as a "doctor's note" to certify the reason and expected duration of the extended medical leave in writing. All requests for medical leaves must be accompanied by a doctor's statement verifying your total disability and your estimated date of return to work. Further, the Town requires written medical verification of your ability to resume work and a list of restrictions that would directly relate to your ability to perform your job. Non-FMLA Qualifying Leave In certain cases, a leave of absence will not qualify as protected under FMLA. In these cases, an employee may be granted non-paid leave without benefits under the Leave of Absence Policy. 2.07 Immigration Law Compliance The Town of Westlake is committed to employing only United States citizens and aliens who are authorized to work in the United States and who comply with the Immigration Reform and Control Act of 1986. Each employee must properly complete, sign, and date the first section of Department of Homeland Security Form 1-9 and provide the appropriate documentation required on section two of the form. The documentation provided will be used to verify employment eligibility through the federal government's E-Verify system. Rehired employees must also complete the 1-9 form if the previous form on file is more than three (3) years old, or if the employee is rehired after 90 days from their initial termination date. 2.08 Internal Revenue Code, Section 125 (Cafeteria Plan This plan is authorized under Section 125 of the Internal Revenue Code (IRC) and has been approved and adopted by the Town Council as an employee benefit. This plan allows employees to pay three (3) separate classes of expenses with pretax dollars: insurance premiums, unreimbursed medical/dental expenses, and authorized child-care expenses. (For more information refer to IRC, Section 125 in the benefits section of this handbook.) Town of Westlake Personnel Manual—Revised August 28,2017 Page 6 of 72 2.09 Sexual and Other Forms of Illegal Harassment It is the policy of the Town of Westlake to prohibit sexual harassment in the workplace by any person in any form. Sexual harassment is a form of misconduct that undermines the integrity of the employment relationship. No employee, either male or female, should be subjected to unsolicited and unwelcome sexual overtures or conduct, either verbal, written, visual or physical. It refers to behavior that is not welcome, that is personally offensive, that lowers morale, and that, therefore, interferes with our work effectiveness. Sexual harassment is also a violation of Title VII of the Civil Rights Act of 1964, and thus it is illegal for any employee to sexually harass another. Examples of sexual harassment include, but are not limited to the following: Verbal • unwelcome comments about appearance • sexual jokes • sexually explicit, derogatory, or otherwise offensive language • humor and jokes about sex or gender-specific traits • unwelcome and repeated flirtations, propositions, or advances Non-Verbal • suggestive or insulting sounds • leering • whistling • obscene gestures • display in the workplace of sexually-suggestive objects or pictures that use gender-based stereotypes in a derogatory manner. Physical • touching • pinching • "brushing" the body • coerced sexual intercourse • other sexual contact Written • suggestive notes If you believe that you have been the subject of sexual harassment of any kind, you may file a complaint with the Town Manager or his designee. The Town Manager or designee shall conduct a thorough investigation in a timely manner. If a thorough investigation of an alleged incident of sexual harassment reveals that an employee has engaged in actions or conduct constituting sexual harassment, disciplinary action will be taken, up to and including termination. Town of Westlake Personnel Manual—Revised August 28,2017 Page 7 of 72 Given the nature of this type of discrimination, false accusations of sexual harassment can have serious effects on innocent women and men. All employees should act responsibly in making such accusations. False accusations that are determined to be intentional in nature will be investigated as sexual harassment, and it subject to the same disciplinary actions. Employees will be required to attend a sexual harassment training session during their introductory period of employment. 2.10 Whistleblower Act The act states that "a state or local governmental entity may not suspend or terminate the employment of, or take other adverse personnel action against, a public employee who in good faith reports a violation of the law by the employing governmental entity or another public employee to an appropriate law enforcement authority." Texas Government Code Ann. §554.002 (Vernon 1995). Appeal Procedures: Section §554.006 of the Texas Government Code states "A public employee must initiate action under the grievance or appeal procedures of the employing state or local governmental entity relating to suspension or termination of employment or adverse personnel action before suing under this chapter." Section 3: Application and Initial Employment 3.01 Vacancies and Job Announcements The filling of any vacancy must be approved in advance by the Town Manager. At the discretion of the Town Manager or department head, vacancies may be advertised internally for the first one (1) week. If no internal candidates are selected, the position may then be advertised in local newspapers, the Town's website, or external recruiting websites for a minimum period of two (2) weeks. Notices will specify job title, starting salary range, nature of the job, minimum standards, and the deadline for application. Internal and external candidates may, but are not required be combined into a single pool for the interview and selection process by the interview panel. When vacancies occur, employees who meet the minimum qualifications required will be given priority for promotion or transfer. 3.02 Employment Applications Persons interested in posted positions shall complete employment applications for consideration of employment, promotion, transfer, or other such personnel actions as prescribed by the Town of Westlake. The application form must be completed in its entirety to the best of the applicant's ability, signed and dated. Town of Westlake Personnel Manual—Revised August 28,2017 Page 8 of 72 Supplemental pages may be required to be attached to the application form to provide added information such as work history or photocopies of degrees, certifications, licenses, etc. The Department Head(s) and the Director of Human Resources shall evaluate the applications against job requirements to identify the most qualified candidates. Any misrepresentations, falsifications, or material omissions in any of the information or data may result in the exclusion of the candidate from consideration for employment, or termination if the person has been hired. 3.03 Hiring Procedures In an effort to hire the most capable and qualified candidates, the Town of Westlake adheres to the following procedures: Job announcements will be 1) posted as required, 2) distributed to all Town departments, 3) advertised in local newspaper(s), and 4) posted on the Town's website. Any candidate for employment must fill out and sign an employment application form to be considered for hiring. Upon completion of the application, the candidate becomes an applicant for purposes of recordkeeping. Upon review of submitted applications, the Director of Human Resources and Department Head(s)will select candidates for an interview. Candidate(s) may be subject to secondary interviews, drug screening, background checks, and verification of employment eligibility through the federal E-Verify system. After a candidate has been selected, the Director of Human Resources and Department Head(s) must submit a Personnel Requisition Form to the Town Manager. No offer of employment may be extended without Town Manager approval of the Personnel Requisition Form. 3.04 Probationary lintroductory Periods All full-time and part-time employees work on an introductory basis for the first six (6) months after their date of hire unless otherwise specified. The Town of Westlake uses this period to evaluate the employee for the position. The employee or the Town may terminate the employment relationship at will at any time, with or without cause or advance notice. Non-certified police and fire officers work on probationary status for one year from date of hire. Officers who are State of Texas certified (TCLOESE and/or TCFP)will normally work on probationary status for twelve (12) months. Employees who are demoted within the organization must complete a probationary period of six months. Department Heads, with the approval of the Town Manager, may extend the probationary/introductory period up to six (6) months if they need additional time to thoroughly evaluate the employee. Town of Westlake Personnel Manual—Revised August 28,2017 Page 9 of 72 A performance review with a "passing" score at the conclusion of the required probationary/introductory period shall move the employee to "regular" status. Section 4: Conditions of Employment 4.01 Required employment Forms Employees are required to submit the following forms to the Human Resources Department before commencing work: Forms W-4, 1-9, Direct Deposit Authorization, TMRS enrollment. Insurance elections and Section 125 deductions must be made within the first 30 days after commencing work. 4.02 Fitness for Duty Evaluations 4.02.01 Employment-related physicals Certain positions exist where a certain level of fitness and physical well-being are required to perform requisite tasks proficiently and safely. This need has been recognized in the Department of Public Safety where pre-employment physicals have been mandatory for full-time positions. Medical screening of prospective employees serves several purposes: 1. Ascertains that employees meet the minimum physical requirements of jobs for which they are hired. 2. Protects existing medical conditions that need corrections or control. 3. Identifies pre-existing medical conditions that need correction or control. 4. Procurement of a healthy, more productive work force. A successfully completed pre-employment physical will be the final step in the hiring process for designated positions. After interview screening has been completed, the applicant selected will be notified of his/her tentative selection and informed that upon successful completion of a physical examination at the Town's expense he/she will be hired. The applicant will then obtain authorization and instructions pertaining to the physical from the Human Resources Office. Should the results of the screening and/or examination indicate that a health issue is to be considered, every reasonable accommodation will be made to work with the new employee given the circumstances. Pre-employment physical examination documentation will be maintained in the Human Resources Office as a permanent part of the employee's personnel records. Examination forms for disqualified applicants will be filed with their employment applications. For some positions, annual physicals made be required for employees in compliance with federal, state, or local requirements. These physicals will be at no cost to the employee. Town of Westlake Personnel Manual—Revised August 28,2017 Page 10 of 72 Results of physical fitness evaluations are to be kept confidential and used only by personnel authorized by the Town Manager. They are only advisory and shall not be the sole basis for administrative decisions. 4.02.02 Psychological Evaluations Psychological evaluations may be required as part of the pre-employment screening process or to determine fitness for duty for current employees. All psychological evaluations will be conducted by a designated, licensed psychologist at the Town's expense. Pre-employment psychological evaluations are required for some positions to help determine suitability for work and to identify any psychological trait, factor, or condition, which may significantly interfere with an applicant's ability to carry out duties for the position for which he/she is applying, in accordance with the current departmental rules, regulations, and policies. Fitness for duty psychological evaluations may be required of current employees at any time. These evaluations are intended to provide guidance as to the employee's inability to carry out duties due to psychological factors. The Town Manager may require a psychological evaluation as part of an administrative action for an employee showing behavioral signs of distress or impairment or when mental instability is reasonably suspected. For fitness for duty evaluations, the employee shall receive a written directive from the Town Manager to undergo an evaluation. This order will also contain information related to the date, time, and location of where the evaluation will be conducted. Failure by the employee to report for an evaluation shall result in disciplinary action, up to and including termination. Psychological reports are to be kept confidential and used only by personnel authorized by the Town Manager. They are only advisory and shall not be the sole basis for administrative decisions. 4.03 Hiring of Relatives (Nepotism) No person related within the second degree of affinity or within the third degree by consanguinity to any elected officer of the Town, or to the Town Manager, shall be appointed any office, position, or clerkship, or other service of the Town. Relatives of all other persons employed by the Town of Westlake may not be hired if the r elative is within the second degree of affinity or within the second degree of consanguinity. This policy applies to all Town departments, and may not be circumvented in cases where a relative would not be supervised by the existing Town employee. In the event that two employees enter into a marital relationship, one employee will be required to resign their employment with the Town within thirty (30) days. Town of Westlake Personnel Manual—Revised August 28,2017 Page 91 of 72 Present or future employees may not be promoted nor transferred to a position that would be in violation of this policy. For the purposes of this policy, a relative is defined to include: First degree affinity—spouse, spouse's mother, father, brother, sister, son, daughter; Second degree affinity—spouse's aunt, uncle, niece, nephew, grandmother, grandfather, granddaughter, grandson, first cousins; First degree of consanguinity— employee's mother, father, daughter, son, sister, brother; Second degree of consanguinity—employee's aunt, uncle, niece, nephew, grandmother, grandfather, granddaughter, grandson, first cousins; Third degree of consanguinity— employee's great aunt, great uncle, great niece, great nephew, great grandmother, great grandfather, great granddaughter, great grandson, second cousins. Exemptions to this policy may be made in writing by the Town Manager on a case-by-case basis. 4.04 Outside Employment Employees may hold a job outside the Town of Westlake if they satisfactorily perform their job responsibilities with the Town within the prescribed hours of service required for their employment. Employees should give due consideration to the impact that outside employment may have on their health and physical endurance. All employees will be subject to the Town's scheduling demands. Special requests or consideration brought about by outside employment will be secondary to meeting the Town's needs. If an employee's outside work hinders the performance or ability to meet the Town's requirements as they change with time, the employee may have to make a choice of which job with which to continue employment. Outside employment that presents an actual or potential adverse impact on the Town will be construed as a conflict of interest. Employees who have attained certain professional or technical expertise may do consulting work outside of this jurisdiction or perform work for agencies whose business dealings would not create a conflict with this jurisdiction. Any employee on paid leave using sick pay, who then performs outside work for compensation within twenty-four (24) hours, shall be deemed to conflict with this policy and be subject to the loss of the paid leave time (in accordance with the Fair Labor Standards Act Town of Westlake Personnel Manual—Revised August 28,2017 Page 12 of 72 regarding the docking of pay for exempt employees) and subject to appropriate disciplinary action. 4.05 Promotions A promotion is the assignment of a current employee through the selection process to a vacant position in which the classification or grade has a higher maximum salary. The date of promotion will become the employee's new annual review date. The temporary promotion of a qualified employee may be authorized by the appropriate Department Head for a period of time not to exceed ninety (90) days. If circumstances so warrant, a temporary promotion may be extended an additional ninety (90) days with the endorsement of the Town Manager. Temporary promotions shall not be used to circumvent normal selection procedures. Section 5: Employee Standards of Conduct 5.01 Confidentiality of Information During the course of employment with the Town of Westlake, employees may have access to personal information about current and former employees, Town citizens, businesses, job applicants, persons applying for permits or processed through the Courts, addresses, telephone numbers, and other information that is to be considered confidential. No information related to Town business or other employees should be divulged to anyone, including media, without approval of the Town Manager and Town Attorney to ensure compliance with the Texas Open Records Act, or other applicable laws. Requests for employee information, job references, job questionnaires, etc. must be referred to the Human Resources Department. 5.02 Conflict of Interest It is the policy of the Town of Westlake that employees shall faithfully execute their duties and shall refrain from knowingly engaging in any outside matters of interest incompatible with the impartial, objective, and effective performance of their duties. They shall not realize personal gain in any form that would improperly influence their Town duties and responsibilities. Employees shall not use Town of Westlake property, funds, or position for personal or political gain. Violation of this policy may result in disciplinary action up to and including termination. Employees shall not use any vehicle, equipment, tools, facility, supply or any other Town- owned property for their own use outside of the course and/or scope of their employment or position. Employees shall not allow friends, relatives, or acquaintances to use Town of Westlake property unless the Town property is normally available for use by the public. Nor shall Town of Westlake Personnel Manual—Revised August 28,2017 Page 13 of 72 employees store Town owned property on private property without the Town Manager's written approval. 5.03 Dress Code The Town of Westlake is a public "service" organization; most employees are in constant contact with the public, citizens, out-of-town guests, potential residents, the business and professional community, etc. Employees are expected to dress in a manner that is appropriate to a business environment and their specific positions that will represent pride in the Town of Westlake and the citizens they serve. In accordance with department/division standards, or work environment, employees shall maintain a neat, clean, pressed and well- groomed appearance, including clothing that fits properly. Certain departments may be required to wear a specific uniform. Uniforms will be provided to Fire/EMS personnel and the Marshal's Office. Public Works and Maintenance personnel are permitted to wear jeans. Office personnel are generally expected to wear business casual attire. The appropriate dress for men is slacks / khakis, dress pullovers, or a button down shirt. Ties are optional, but should be worn when representing the Town at public meetings or Town functions, unless otherwise notified. Acceptable attire for women is dress slacks/ khakis, blouses, skirts, and pant suits. Tennis shoes or flip-flops are not acceptable unless approved in advance by the Town Manager. The Town observes a "Summer Casual" period each year during the warmest summer months. The tenure of the Summer Casual period is from May 1St through September 30tH During this timeframe, employees may select to wear more casual attire for personal comfort. For all employees, Polo shirts and other short sleeved items may be worn with khakis or slacks. Office personnel will be also be permitted to participate in "casual Fridays". During casual Fridays, office personnel will be permitted to substitute jeans for slacks/ khakis. Jeans should be clean and free from holes, tears, or lettering, and should not compromise the standards of a professional business environment. This policy will not affect the standards required for shirts, pullovers, blouses, or footwear. During the month of July, casual dress will be permitted each workday for office personnel. The standard dress for this period of time will be the same as "casual Fridays". While casual dress is permitted during this time, employees are expected to use discretion when attending scheduled meetings, events, etc., and observe the Town's standard dress code. Employees who are required to wear specific uniforms are exempted from this policy. This policy may be revised or eliminated by the Town Manager at any time. 5.04 Electronic Communications and Equipment This policy establishes rules governing the use of Information Technology systems and services including Internet services, electronic communication systems, and telephone Town of Westlake Personnel Manual—Revised August 28,2017 Page 14 of 72 communication systems including but not limited to e-mail, telephone, voice mail, facsimiles, pagers, cellular phones, computer network, and computer directories and files. Information Technology and Electronic/Telephone Communication Systems are provided by the Town of Westlake for business use. Employees should not expect privacy with respect to any of their activities using these systems. The Town of Westlake reserves the right to review any files, messages, or communications sent, received or stored on its computer, telephone and electronic systems. The Town of Westlake's prohibition against sexual, racial, and other forms of harassment is extended to include the use of electronic and telecommunications systems. Offensive, harassing, vulgar, obscene, or threatening communications are strictly prohibited, as are sexually oriented messages or images. Privileged or confidential material, such as, but not limited to attorney-client communications, should not be exchanged haphazardly by e-mail, facsimiles, instant messaging or other means. Use of Information Technology must be conducted in accordance with local, state and federal law; engaging in illegal, fraudulent, or malicious conduct is prohibited. Violation of this policy may result in disciplinary action up to and including termination. 5.04.01 Prohibited Activities • Engaging in illegal, fraudulent, or malicious conduct; • Harassing individuals; • Transmitting or storing material that is threatening, obscene, sexually explicit or disparaging of others based on race, national origin, sex, sexual orientation, age, disability, religious or political beliefs; • Obtaining unauthorized access to any computer system; • Using another individual's account or identity without explicit authorization; Conducting political campaigns or other prohibited activity; Gambling or playing a game for money or other stakes. • Downloading of software products from Internet sites is not permitted without prior approval of the Town Manager. 5.04.02 Personal Use Very limited or incidental use of Internet Services for personal use is acceptable. Such use must be infrequent. Personal use must not: • Involve any illegal activity or any prohibited activity listed above; • Interfere with the productivity of the employee or co-workers; • Consume system resources bandwidth or storage capacity on an on-going basis. Town of Westlake Personnel Manual—Revised August 28,2017 Page 15 of 72 5.04.03 Personal Computers and the Internal Network A personal computer and access to the Town's internal network is provided to the employee for the purpose of conducting Town business and improving productivity. The employee is expected not to disclose personal passwords to network resources and to request a new password should he/she feel that the security of a password has been compromised. Passwords should only be shared with the employee's supervisor(s) or technical support personnel. 5.04.04 Internet The Internet is a powerful communication tool and a valuable source of information. Internet service includes but is not limited to e-mail, file transfer protocol (FTP), web browsing and newsgroups. The employee should be aware that information transmitted over the Internet is potentially insecure. Internet communication systems may accommodate the use of passwords for security, however the reliability of such for maintaining confidentiality cannot be guaranteed. (Employees should assume that someone other than the intended recipient could read any and all Internet communication.) The Town of Westlake reserves the right to filter incoming and outgoing network communications for the purpose of securing the network, restricting access to inappropriate content or to determine compliance with this policy. 5.04.05 Email The Town of Westlake maintains an electronic mail system, commonly called e-mail, to assist in conducting business and as a means to enhance the ability of employees to communicate. All employees must be aware that the use of e-mail messages creates a public record and is subject to public record regulations with respect to inspection, disclosure, scheduled retention, and disposition. The Town reserves the right to retrieve and read any message composed, sent, or received and also reserves the right to filter email for the purpose of security and to restrict inappropriate usage. The employee is expected not to disclose personal passwords to network resources and to request a new password should he/she feel that the security of a password has been compromised. Passwords should only be shared with the employee's supervisor(s) or technical support personnel. 5.04.06 Web Browsing The Town of Westlake reserves the right to filter web page requests to restrict access to inappropriate content. Requests to access content restricted by the filtering mechanism must be approved by the Town Manager. Town of Westlake Personnel Manual—Revised August 28,2017 Page 16 of 72 Employees should be aware of the potential threats in the form of"malware" or "spyware" that can potentially compromise a personal computer or network systems, and shall follow procedure to minimize such threats. 5.04.07 Instant (or Text) Messaging Town business may be conducted using instant messaging on mobile phones, whether on Town-owned phones or personal phones. Any information exchanged regarding Town business should be considered public record and employees are required to adhere to the Town's record retention schedule. 5.04.08 Telephone Voice Mail Employees issued voicemail accounts return voice mail messages promptly. Since the voice mail system is a secured system, individuals are encouraged to avoid using their extension or the system default as a password. Information Technology will only provide another person's voice mail password to that person's supervisor, manager, or department director. 5.04.09 Employee Mobile Phone Policy Town-issued Mobile phones Mobile telephones acquired through the Town are for official use. Personal calls, except in extreme emergency, will not be paid for by the Town. Employees assigned mobile phones, either on a temporary (shared) basis or full time, are responsible for appropriate use and safekeeping. Using a Mobile telephone while operating a motor vehicle is strongly discouraged, employees should plan calls either before or after operating a motor vehicle. Employee Mobile Phone Allowance The mobile phone allowance is designed to offset the cost to the employee for using his/her personal device for Town business. At the sole discretion of the Town Manager, eligible employee may receive a mobile phone allowance in lieu of a Town-issued mobile phone. If approved for a mobile phone allowance, the employee shall enter into a Mobile Phone Allowance Agreement with the Town. The Town will not provide technical support for personal mobile phones, except for limited support for data communication with the Town's network for those authorized to have the ability to do so. Eligibility: Employees eligible for a mobile phone allowance include Department Heads, full-time employees whose job duties regularly require emergency call back, Town of Westlake Personnel Manual—Revised August 28,2017 Page 17 of 72 irregular work hours, or other job-related factors that require the employee to routinely utilize a mobile phone to effectively perform their job duties. To qualify for a Mobile Telephone Allowance, an employee must not also have a Town issued phone. An eligible employee must return any Town-issued mobile phone prior to receiving a mobile phone allowance. Allowance Amount: The employee mobile phone allowance amount shall be $80.00 per month. No further reimbursement for mobile phone expenses (including accessories, usage fees, or other charges) is available to employees who receive a mobile phone allowance. Payroll Processing: Payments equaling one-half(50%)of the monthly mobile phone allowance shall be included on the eligible employee's paycheck twice per month, subject to all applicable taxes and deductions under federal and state law. This allowance does not constitute an increase to base pay, and will not be included in the calculation of percentage increases to base pay due to salary increases, promotions, reclassification, etc. Employee Responsibilities: The employee must retain an active mobile phone contract as long as a mobile phone allowance is in place. The employee must provide their department head with their current mobile phone number and provide immediate notification if the number changes. Employees receiving a mobile phone allowance are expected to carry the mobile phone on their person, both on and off duty, and respond when called for Town business. Missed calls should be returned promptly; no later than the following business day. Employees receiving a mobile phone allowance are required to notify their supervisor in advance the employee anticipates they will be inaccessible by mobile phone. Employees may choose the mobile service provider and plan design of their choice. Use of the phone in any manner contrary to local, state, or federal laws will constitute misuse, and may result in immediate termination of the mobile phone allowance. An employee receiving a mobile phone allowance is solely responsible for replacing his/her personal mobile phone within five (5) business days if it is stolen, lost, or damaged. The employee must notify the Town of any lost or stolen device so the Town may take any action against unauthorized access to Town information. Allowance Termination: If an employee resigns, is terminated, transfers to a different department, or no longer qualifies for the mobile services allowance program, the allowance will be terminated. In the case of a resignation and/or termination, an allowance termination request is not required. If, prior to the end of the mobile services contract, either through a personal decision, employee misconduct/misuse, or a Town decision unrelated to employee misconduct, the employee needs to end or change the contract, the employee will bear the costs of any fees associated with termination of the service contract. Town of Westlake Personnel Manual—Revised August 28,2017 Page 18 of 72 Employees unable to purchase, maintain, carry and use an electronic communication device and/or services for business use (e.g., due to financial hardship) are required to notify their supervisor and the supplemental compensation will end immediately. If the employee terminates the mobile services contract at any point, he/she must notify their supervisor within five (5) business days to terminate the allowance. A delay in the notification may require a corrective payroll action to recover employer costs. Mobile Phone Reimbursement If a Town employee's position and/or responsibilities do not include the need for a Town issued mobile phone, employees may request reimbursement for the actual expenses of business-related mobile phone calls. Reimbursement for voice or data charges is limited to the total overage charge shown on the invoice; expenses for minutes included in the plan will not be reimbursed. The individual should make personal payment to the provider, and then should submit a request for reimbursement, identifying the business purpose. If personal use typically exceeds business use on a wireless phone, the employee should provide his/her own phone and submit reimbursement requests for business calls. A copy of the wireless phone bill, detailing the individual calls to be reimbursed, must accompany the reimbursement request. Although most wireless carriers do not include detailed phone records in their monthly statements, the information is readily available online from most major providers. Reimbursement documentation should identify the business purpose. 5.05 Employee Conduct The attitude and behavior of an employee, whether in public or private, is seen as a direct reflection of the Town of Westlake, its programs and policies. Employees should at all times present themselves in such a manner as to promote good will and a favorable attitude of the general public toward the Town of Westlake. The Town expects its employees to follow rules of conduct, which will best serve the interests and safety of all citizens and employees. The following are examples of misconduct, which may be grounds for suspension or termination, but such actions are not limited to the infractions listed below. • Violation of Town or departmental ordinances, rules, regulations, policies or procedures • Unsatisfactory performance or conduct • Theft of, unauthorized removal of, or possession of Town property • Falsification, unauthorized use, or disclosure of official documents, records, or information • Being unruly, disruptive, threatening violence, or fighting in the work place or on Town property • Willful disobedience of a legal directive issued by a supervisor and/or any disrespectful, insolent, or abusive acts towards a supervisor, Department Head, Town Manager, or member of the Town Council • Actions that result in the waste or damage of Town equipment, property, supplies, or resources Town of Westlake Personnel Manual—Revised August 28,2017 Page 19 of 72 • Unauthorized absence from the workstation, use of telephone or mail for personal benefit, or abuse of official authority • Harassment of persons protected by federal law due to their sex, age, religion, race, ethnic background, or disability status • Conviction of a felony • Arrest for and/or being charged with actions that bring discredit to the Town or a profession • Use, possession, or being under the influence of controlled substances without proper written medical authorization; ingestion or being under the influence of an alcoholic beverage in a • Town vehicle, while operating Town equipment, or while on call or on standby duty; ingestion of an alcoholic beverage during working hours or on Town property. • Unauthorized or improper use of official authority • Illegal, unethical, abusive, or unsafe acts • Failure of an employee to use available safety equipment, including seat belts, or employee's disregard for the safety of others • Refusal to sign a form acknowledging receipt of the Drug and Alcohol Policy, or refusal to sign a consent form for testing and related searches and seizures • Possession of contraband while at work or on Town property, which includes but is not limited to drug paraphernalia, illegal or prohibited weapons, firearms, explosives, incendiaries, stolen property, and counterfeit money • Making false accusations or knowingly providing false information about another employee's behavior or actions. 5.06 Attendance and Punctuality All employees are expected to demonstrate consistent and reliable work habits with regards to attendance and punctuality. Normal business hours for the Town of Westlake are 8:00am- 5:00pm. Fire/EMS shift hours vary and are determined by the Department Head. Employees are expected to be punctual for the beginning of their workday and /or shift. Tardiness may be grounds for disciplinary action. All absences should be documented using an Employee Absence Form. Non-exempt (hourly) employees are required to complete the form, which must be signed by their supervisor and forwarded to the Human Resources Department for processing. Exempt employees may submit the form directly to Human Resources without prior supervisory approval, but should notify their supervisor in advance of any planned absence. Absences exceeding an employee's available sick, vacation, or holiday time will result in a reduction in wages or salary. 5.07 Work Schedules Work schedules for employees vary throughout the organization. Staffing needs and operational requirements may necessitate different starting and ending times, as well as changes in the total hours that may be scheduled each workday or week. Supervisors in each department will advise employees of their normal work schedule and such deviations or alterations that may be necessary to accomplish the required work. Town of Westlake Personnel Manual—Revised August 28,2017 Page 20 of 72 5.08 Facial Jewelry No facial jewelry may be worn by employees while they are on-duty. Facial jewelry is defined as jewelry that is worn on the face: nose, eyebrows, eyelids, lips, tongue, etc. This policy does not prevent the wearing of jewelry on the ears, neck, hands, etc. while on duty unless restricted by departmental policy or for safety reasons. 5.09 Fraud Policy The Town of Westlake is committed to protecting its revenue, property, information and other assets from any attempt, either by members of the public, contractors, sub-contractors, agents, intermediaries or its own employees, to gain by deceit, financial or other benefits. This policy sets out specific guidelines and responsibilities regarding appropriate actions that must be followed for the investigation of fraud and other similar irregularities. This policy applies to Council Members, all employees of the Town of Westlake, agencies and commissions over which the Town Council and Board of Trustees have authority to require general policies to be followed. Fraud and other similar irregularities include, but are not limited to: • Forgery or alteration of checks, drafts, promissory notes and securities • Any misappropriation of funds, securities, supplies or any other asset • Any irregularity in the handling or reporting of money transactions • Misappropriation of furniture, fixtures and equipment • Seeking or accepting anything of material value from vendors, consultants or contractors doing business with Westlake which would be considered a conflict of interest • Unauthorized use or misuse of Westlake property, equipment, materials or records • Any computer related activity involving the alteration, destruction, forgery or manipulation of data for fraudulent purposes or misappropriation of Westlake-owned software • Any claim for reimbursement of expenses that are not made for the exclusive benefit of Westlake • Any similar or related irregularity General Policy and Responsibilities It is Westlake's intent to fully investigate any suspected acts of fraud, misappropriation or other similar irregularity. An objective and impartial investigation will be conducted regardless of the position, title, and length of service or relationship with Westlake of any party who might be or becomes involved in or becomes/is the subject of such investigation. Each Department Head is responsible for instituting and maintaining a system of internal control to provide reasonable assurance for the prevention and detection of fraud, misappropriations and other irregularities. Management should be familiar with the types of improprieties that might occur within their area of responsibility and be alert for any indications of such conduct. Town of Westlake Personnel Manual—Revised August 28,2017 Page 21 of 72 The Finance Director, in consultation with the Town Manager, has the primary responsibility for the investigation of all activity as defined in this policy. The Finance Director will notify the Town Manager of a reported allegation of fraudulent or irregular conduct upon the commencement of the investigation to the extent practical. Throughout the investigation, the Town Manager should be informed of pertinent investigative findings. In all circumstances, where there are reasonable grounds to indicate that a fraud may have occurred, the Finance Director, subject to the advice of the Town Manager, will contact the Keller Police Department. Upon conclusion of the investigation, the results will be reported to the Town Manager. Westlake will pursue every reasonable effort, including court ordered restitution, to obtain recovery of the Town losses from the offender, or other appropriate source(s). Procedures Any employee who has knowledge of an occurrence of irregular conduct, or has reason to suspect that a fraud has occurred, shall immediately notify the Finance Director. If the employee has reason to believe that the Finance Director may be involved, the employee shall immediately notify the Town Manager. If the employee has reason to believe that the Town Manager may be involved, the employee shall immediately notify the Finance Director, who will contact the Mayor. The employee shall not discuss the matter with anyone other than the Finance Director or Town Manager. Employees who knowingly make false allegations will be subject to discipline up to and including termination. Upon notification from an employee or Department Head of suspected fraud, or if the Town Manager has reason to suspect that a fraud has occurred, the Town Manager shall immediately contact the Finance Director. The Town Manager shall not attempt to investigate the suspected fraud or to discuss the matter with anyone other than the Town Council, Finance Director, Town Attorney, and the Keller Police Department. Upon notification or discovery of a suspected fraud, the Finance Director will promptly investigate the fraud. In all circumstances where there appears to be reasonable grounds for suspecting that a fraud has taken place, the Finance Director, in consultation with the Town Manager, will contact the Keller Police Department. After an initial review and a determination that the suspected fraud warrants additional investigation, the Finance Director will notify the Town Manager of the allegations. If necessary, the Finance Director shall coordinate the investigation with the appropriate law enforcement officials. Town of Westlake Personnel Manual—Revised August 28,2017 Page 22 of 72 Once a suspected fraud is reported, the Finance Director, in consultation with the Town Manager, shall take immediate action to prevent the theft, alteration, or destruction of relevant records. Such actions include, but are not necessarily limited to, removing the records and placing them in a secure location, limiting access to the location where the records currently exist, and preventing the individual suspected of committing the fraud from having access to the records. The records must be adequately secured until the Finance Director obtains the records to begin the audit investigation. All participants in a fraud investigation shall keep the details and results of the investigation confidential. However, the Finance Director, in consultation with the Town Manager and Town Attorney, may disclose particulars of the investigation with potential witnesses if such disclosure would further the investigation. Personnel Actions If a suspicion of fraud is substantiated by the investigation, disciplinary action, up to and including termination, shall be taken by the appropriate level of management. Disciplinary procedures shall be in conformance with the Westlake's Personnel Policies and Procedures. Unless exceptional circumstances exist, a person under investigation for fraud shall be given notice in writing of the essential particulars of the allegations following the conclusion of the audit investigation and prior to final disciplinary action being taken. Where notice is given, the person against whom allegations are being made may submit a written explanation to the Finance Director no later than seven calendar days after the notice is received. This requirement is subject to any collective agreement provisions respecting the rights of employees during disciplinary proceedings. Whistle-Blower Protection Employees who report suspected fraud shall not be subjected to reprisal or retaliation in any form. No employer or person acting on behalf of an employer shall: • dismiss or threaten to dismiss an employee who reports fraud; • suspend or threaten to discipline or suspend an employee who reports fraud; • impose any penalty upon an employee; or intimidate or coerce an employee, who reports fraud. Media Issues Any staff person or elected official contacted by the media with respect to an audit investigation shall refer the media to the Town Manager. The alleged fraud or audit investigation shall not be discussed with the media by any person other than through the Town Manager, in consultation with the Finance Director and the Town Attorney. The Town Manager will facilitate the release of any information to the media and identify an appropriate Town spokesperson, if required. Town of Westlake Personnel Manual—Revised August 28,2017 Page 23 of 72 Completion of Investigation At the conclusion of the investigation, the Finance Director will document the results in a confidential memorandum report to the Town Manager with a copy to the Town Council. If the report concludes that the allegations are founded, the report will be forwarded to the Keller Police Department. The Finance Director will also be required to make recommendations to the Town Manager, who will assist in the prevention of future similar occurrences. Upon completion of the investigation including all legal and personnel actions, any records, documents and other evidentiary material will be returned by the Finance Director to the appropriate department. 5.10 Acceptance of Gifts It is expected that every Town of Westlake representative maintain the highest degree of ethical standards at all times. This standard may be greatly compromised by the improper acceptance of gifts. Even the appearance of accepting gifts can create a negative reflection of the Town. All Town of Westlake employees, elected officials, and authorized agents acting on behalf of the Town shall not accept any gift that may reasonably tend to influence them in the performance of their official duties, or to grant improper favor, service or thing of value. Neither shall they use their official position to secure special privileges or exemptions for themselves or others, or any special discounts or loans from any person or firm doing, or seeking to do, business with the Town of Westlake. The meaning of gifts for purposes of this policy includes the acceptance of items of monetary value, including entertainment, free travel, and lodging. Gifts of nominal value may be accepted only with the approval of the Town Manager. Any conflict or potential conflict of interest must be disclosed immediately to the Town Manager. Failure to do so will result in disciplinary action, up to and including termination. 5.11 Inclement Weather During periods of bad weather, civil disorder, or natural disaster, the Town Manager may allow employees Inclement Weather Leave. Employees unable to arrive at work shall receive one day of pay at the employee's regular hourly rate with no loss of benefits. If the Town Manager authorizes late arrival or early dismissal, employees shall receive their regular rate of pay for a full day during the hours of authorized closure. Inclement weather hours will not count as time worked under FLSA. Time sheets for bad weather days authorized by the Town Manager shall be recorded as follows: Employees who do not come to work due to the bad weather should record 8W on the time sheet. Town of Westlake Personnel Manual—Revised August 28,2017 Page 24 of 72 Employees who came to work despite the bad weather should document the day worked with his or her supervisor. The employee will then be eligible for an additional day of Personal Leave to be taken on a date of the employee's choice. The employee will be paid for all hours worked in addition to receiving inclement weather pay, not to exceed eight (8) hours per day when combined. If an employee exceeds eight (8) combined hours, the excess number of hours will be added to the employee's Personal Leave bank. Supervisor approval is required for non-exempt employees who work during hours when closure has been authorized. Example #1: Delayed opening at 10am, employee works from 10am —4pm Employees will record 2 Inclement Weather hours for the delayed opening, and 6 regular hours on their time sheet. Example #2: Delayed opening at 1lam, employee works from 9am — 5pm In this example, Town Hall opened three hours late, and the employee worked two additional hours. The employee will record 3 Inclement Weather hours and 8 regular hours on their time sheet. Since this equals 11 hours, the employee will receive pay for eight hours worked, and three hours will be added to their Personal Leave Bank. Example #3: Early closure at 2 pm, employee works from 9am — 3pm In this example, Town Hall closed three hours early, and the employee worked one additional hour. The employee will record 3 Inclement Weather hours and 6 regular hours on their time sheet. Since this equals 9 (nine) hours, the employee will receive pay for eight hours (6 hours worked and two Inclement Weather hours). One hour will be added to their Personal Leave Bank. Example #4: Town Hall is closed, employee works from 9am — 5pm In this example, Town Hall is closed for the entire day, and the employee worked eight hours. The employee will record 8 Inclement Weather hours and 8 regular hours on their timesheet. The employee will receive pay for eight hours worked, and eight hours will be added to their Personal Leave Bank. If an employee attended a scheduled training class, it should be verified that the facility was not closed on the bad weather day and the employee did attend. The time should be recorded as actual time worked. In the interest of safety, Department Heads may authorize later arrival or earlier dismissal times for employees affected by certain factors (travel distance, specific road conditions, etc.) These guidelines do not apply to Fire/EMS personnel who work 24 hour shifts. 5.12 Political Activity Except as may be otherwise provided by law, the following restrictions on political activity shall apply to Town employees: Town of Westlake Personnel Manual—Revised August 28,2017 Page 25 of 72 Employees shall refrain from publicly using their positions for or against any candidate for public office in any jurisdiction. Employees shall not circulate petitions or campaign literature on behalf of candidates for Town elective office or be in any way concerned with soliciting or receiving any subscription, contribution, or political service on behalf of such candidates. Employees shall not use working hours or Town property to be in any way concerned with soliciting or receiving any subscription, contribution, or political service, or to circulate petitions or campaign literature on behalf of such candidates for public office in any jurisdiction. Employees shall not in any manner contribute money, labor, time, or other valuable items to any person for Town election purposes. No employee may seek or hold an appointive or elective office of public trust, partisan office in any jurisdiction, or any other office where service would constitute a direct conflict of interest with Town employment, with or without remuneration. If an employee decides to seek or assume such office, he or she shall resign from Town service or shall be dismissed for failure to do so. While out of uniform and not on active duty, an employee may engage in a political activity relating to a campaign for an elective office, except that the person may not solicit campaign contributions for a candidate other than from members of an employee organization to which that person belongs. 5.13 Tobacco-Free Workplace The Town prohibits smoking or using any tobacco or other plant products in all municipal buildings or facilities, or Town vehicles. Smoking or using of tobacco products is also prohibited on the grounds of Westlake Academy. 5.14 Travel Policy The job duties and responsibilities of Town representatives (employees) occasionally require attendance at various conferences, seminars, classes, meetings, workshops, or other events and may require travel to other areas of the metroplex, state, or country. The purpose of this policy is to establish and maintain prudent stewardship of public funds and ensure that Town representatives attend conferences, etc., that are necessary, relevant, and important to the future of the Town. The following travel guidelines are set forth to serve as a policy statement for business travel by all representatives of the Town of Westlake. The term "Town representatives" includes the Mayor, Town Council, appointed Board and Commission Committee Members, Volunteers, and Town employees. Assessing Value of Attendance Those attending a seminar, conference, etc., should review the details of those events to ensure that attendance would be beneficial in performance of their duties as representatives of the Town and that funds have been budgeted. Town of Westlake Personnel Manual—Revised August 28,2017 Page 26 of 72 Authorization Procedure Mayor and Town Council Members - Upon request of Town Council members, the Town Secretary's office will coordinate registration, reservations, travel accommodations, etc., for all Town Council members. The Finance Director's office should be contacted to confirm the availability of budgeted funds. All employees and board members must prepare a Travel Authorization Form for Town Manager approval. This form must include a detail of estimated travel expenses. Board and Commission Committee Members and Volunteers -Appointed board and commission committee members and volunteers must follow the same guidelines for Administrative Staff and Employees. The Town Manager must approve the Travel Authorization Form. Processing the Travel Authorization Form All approved Travel Authorization Forms shall be sent to the Finance Department for processing no later than ten (10) days before funds are needed. The completed Travel Authorization Form must be submitted with copies of the documentation (program registration)for the event. Event/Travel Procedures The following guidelines and standards shall be utilized when traveling on Town business. A. Registration 1. Direct payment to the sponsor of the event is preferable. 2. In the event direct payment to the sponsor is impossible, an individual attendee will be reimbursed for the actual cost of the registration and/or event costs. 3. Full advantage should be taken of any pre-registration discounts when possible. 4. Vouchers, invoices, advance registration forms, and/or receipts must be submitted as payment or reimbursement justification. B. Transportation Transportation arrangements are based on what provides the most economic advantage to the Town of Westlake. Airfare - Airfare will be paid directly to the carrier, travel agency (or reimbursed), based on coach fare, utilizing all prepaid, special, or discount fares as may be available. Town of Westlake Personnel Manual—Revised August 28,2017 Page 27 of 72 Public Carrier Fares and Car Rental 1. Public carrier fares will be reimbursed based on receipts or prevailing fares based on the geographic area. 2. Car rental reimbursement will be reviewed upon submission and/or receipt and prevailing rental rates paid. If necessary, other circumstances will be evaluated in determining additional reimbursement for the rental. 3. Discounts and special rates should be utilized whenever possible. Personal Vehicle or Town Owned Vehicle Use 1. Employees attending events, seminars, classes, workshops, etc., in the metroplex no matter what the duration of the class may be provided a Town vehicle to attend, if available. 2. If no vehicle is available, employees using their own vehicle will be eligible to receive a mileage allowance at a rate in accordance with the Internal Revenue Service allowance. Reimbursement will be based upon actual mileage from the employee's regular place of work to their destination, or from home to destination whichever is less. 3. If an employee is required to attend training for an extended period of time (longer than one work week), the place of training will become the employees regularly assigned workplace until such training is completed. An employee will not be eligible for mileage reimbursement in such an instance. 4. To receive mileage reimbursement, the event, seminar, class, etc. must be required by the Town or approved as personal development related to the job of the employee. C. Overnight Accommodations 1. Room rental will be based on the actual cost of the room, plus tax and parking. Direct payment or billing from the hotel is preferred. 2. Personal items such as personal telephone calls and movies are not reimbursable. When travel time exceeds a day, one night's accommodations enroute to the event and one night's accommodation on the return trip may be reimbursed. 3. Receipts are required for all reimbursements. 4. Overnight accommodations should not exceed what is considered mid-range in terms of cost and should take into account the distance from the conference site in order to reduce transportation costs. Meals and Incidental Expenses Meals and incidental expenses may be either reimbursed to the employee utilizing the guidelines under Section "A" below, or the employee may request a daily per diem. Approval of per diem advances is required by the employee's supervisor or the Town Manager. Travel Advances Travel advances are provided so that the employee is not required to use personal funds for Town business. Town of Westlake Personnel Manual—Revised August 28,2017 Page 28 of 72 1. Travel advances must be received by the Finance Department ten (10) business days prior to the event to allow adequate time for processing. 2. Advances are not to be considered additional compensation to the traveler. 3. Unused portions of travel advances must be returned immediately upon return to work following a trip. Failure to do so within five days shall be reported to the Department Director. 4. A daily advance amount of$65 is permitted including travel days. 5. Advances will be denied to travelers with previous advances outstanding over 10 days and when an expense report has not been filed. 6. Additional advance amounts for mileage are not permitted. Mileage, when allowed, is a reimbursable expense only. 7. Allowable expenses in excess of the advance amount may be reimbursed upon return and filing of an expense report. A. Reimbursement Method 1. Meals will be reimbursed upon presentation of receipts when travel is outside of the Town of Westlake for attendance at a seminar, training class, or full day meeting. 2. Meal receipts must be itemized. Alcoholic beverages are not eligible for reimbursement, and should be deducted from the receipt, or paid separately with the employee's personal funds. 3. Meals will be reimbursed at a maximum of$15.00 for breakfast, $20.00 for lunch, and $30.00 for dinner. If a meal exceeds this amount, the employee will be required to pay the difference. 4. There is a maximum daily reimbursement of$65.00 for meals. Amounts not used for a meal cannot be applied to another meal. B. Per Diems As an alternative to the Reimbursement method, employees may select the option of a daily per diem for travel and meal expenses. Approval of per diem advances is required by the employee's supervisor or the Town Manager. 1. Meals The Town will pay for meals up to the GSA allowance amount when the purchase of meals is directly attributable to the conduct of Town business. The employee shall utilize all meals provided by the conference/seminar/meeting. Incidental expenses for snacks and sundry items and gratuities are included in the GSA allowance. Determining GSA Allowance Rate The amount of the GSA allowance is based on the travel destination. Each travel destination has a GSA allowance rate that is assigned to it based upon cost of living. The GSA allowance rate for the travel destination is determined through the following steps: Town of Westlake Personnel Manual—Revised August 28,2017 Page 29 of 72 Step 1: Click on www.gsa.gov Step 2: Click on Per Diem Rates under the e-Tools: Online Services heading. Step 3: Click on the applicable US state for the destination Town. Choose the applicable Meals and Incidental Expense (M&IE) rate from the table. If the destination Town is not listed in the table, the standard rate provided in the table should be used. The GSA meal and incidental allowance shall be prorated (reduced) under the following conditions: • Meal is provided at a conference, seminar, or social event • Meal is provided on the airline or other mode of transportation • Meal is eaten at home on the day of the travel before beginning the travel or upon returning home after the travel. The GSA allowance shall be prorated as follows for the conditions listed above: • Breakfast- 20% of GSA allowance • Lunch - 30% of GSA allowance • Dinner- 50% of GSA allowance The GSA allowance shall not be carried over from one day to the following day during the travel. When using the per diem method, all employees must document GSA-allowable per diems using the Determination of Travel Allowance worksheet. The form shall include the applicable GSA allowances percentages for meals and other applicable expenses, and total travel costs. Supervisors or Department Heads who have managerial oversight for employee business expense(s) are/is expressly and ultimately responsible authorizing and reviewing travel expenses and reimbursements. Meals on traveling days: For the days beginning and ending travel, only those meals within the travel window should be claimed. • Days beginning travel: Departure times after 10 a.m. — only lunch and dinner should be claimed Departure times after 2 p.m. —only dinner should be claimed. • Days ending travel: Arrival times before 12 p.m. —only breakfast should be claimed Arrival times before 5 p.m. — only breakfast and lunch should be claimed Partial Day Reimbursement An employee who is traveling on official Town business for a continuous period of a minimum of four hours but less than twenty-four hours, which does not involve an overnight stay, will be reimbursed based on the per diem breakdown. No partial Town of Westlake Personnel Manual—Revised August 28,2017 Page 30 of 72 meal allowance will be paid for an official business trip of less than four (4.0) hours unless the business meeting includes a meal. Joint Expenses When two or more Town employees incur business expenses jointly (e.g. hotel expenses) that will be charged to the same account, one person may pay some or all of the joint expenses and file the travel report covering them. The report should mention the names of all Town employees whose expenses are included. Non-Reimbursable Expenses The following expenses are NOT reimbursable by the Town: • In-room movie or game rentals • Health clubs and spas • Personal articles (i.e. toiletries, magazines, etc.) • Alcoholic beverages • Entertainment unrelated to Town business (i.e. attending a movie or play with friends) • Business and personal calls from hotels • Calls to 900 numbers • Dry cleaning or laundry • Fines • Costs resulting from failure to cancel transportation or hotel reservations Submittal of Completed Expense Report Employee must document any reimbursable expenses incurred on an Employee Expense Report (see Appendix section). Receipts must accompany the report to substantiate any requested reimbursement. Expenses not previously approved by the Travel Authorization Request Form must be submitted to the Town Manager for approval. Expense reports should be submitted to the Finance Department within ten (10) business days of returning from travel. 5.15 Town-Issued Credit Cards The Town of Westlake may issue credit cards to employees for official purchases of goods or services. Employees will be required to sign a form indicating receipt of any issued card, and cards must be returned upon termination of employment. Use of Town-issued credit cards must follow all internal purchasing guidelines, and all purchases must comply with all applicable state and federal purchasing laws. The Town may implement additional internal controls for audit purposes at any time. The Town reserves the right to require the return of any Town-issued credit card at any time. 5.16 Drug Free Work Place The Town of Westlake is committed to providing a safe, efficient, and productive workplace for all employees. In keeping with this commitment, employees and job applicants may be required to provide a blood and/or urine sample to determine the use of alcohol, illegal or controlled substances in the workplace. Town of Westlake Personnel Manual—Revised August 28,2017 Page 31 of 72 Drug tests will be conducted in any of the following situations: pre-employment - as a pre-qualification to assuming any position, prospective employees may be required to submit to drug testing; promotion, transfer, or reclassification - as a prerequisite to assuming the position, affected employees may be required to submit to drug testing; incident - being involved in a reportable accident while operating Town vehicles or equipment; reasonable suspicion - as set forth in the Drug and Alcohol Policy; employees holding sensitive jobs may be subject to random drug and alcohol testing at the direction of the Town Manager. The Town of Westlake recognizes that alcohol and drug abuse can be successfully treated. Therefore, Town employees will be given the opportunity to successfully complete counseling or rehabilitation programs to overcome addiction to drugs or alcohol in addition to or in lieu of disciplinary action. However, employees who 1) refuse to submit to testing, 2) after a positive substance test refuse to seek counseling or treatment, or 3) violate the Drug Free Work Place policy two times will be dismissed from Town employment. 5.17 Drug and Alcohol Policy While at work, each Town employee has a responsibility to the public to deliver services in a safe, efficient, and conscientious manner. In order to perform a job in the safest manner possible, Town employees must be able to work in a drug-free environment and themselves to be free from the effects of alcohol and other performance-impairing substances while on the job. Accordingly, while on the job or in a Town vehicle, the use, sale, distribution, possession, or being under the influence of an intoxicating liquor, controlled substance, drug not medically authorized, or any other substance which impairs job performance or poses a hazard to the safety and welfare of the employee, the public, or other employees, is strictly prohibited and will result in suspension or termination. The use of illegal drugs or alcohol on the job, the misuse of legally prescribed drugs, or being under the influence of these substances, casts serious doubt on the employee's ability to perform his or her job functions and undermines the public confidence in the integrity of Town personnel. 5.17.01 Definitions Abuse of Town property is exemplified, but not limited to, the following: Negligent or willful damage or destruction of Town equipment or property; Waste of materials or negligent loss of tools or materials; Improper maintenance of equipment; Town of Westlake Personnel Manual—Revised August 28,2017 Page 32 of 72 Damage caused by the use of tools or equipment for purposes other than that for which the tool or equipment was intended; Adulterant means a masking agent that prevents the detection of drug use in a drug testing specimen or any other substance used to tamper with the specimen. Alcoholic beverage means alcohol, or any beverage, containing more than one-half of one percent alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted. Alcohol concentration (or content) means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an Evidential Breath Test (EBT). Contraband means any article, the possession of which on Town premises or while on Town business causes an employee to be in violation of a Town rule or penal law. Contraband includes illegal drugs and open containers of alcoholic beverages, drug paraphernalia, illegal or prohibited weapons, firearms, explosives, incendiaries, stolen property, and counterfeit money. Nothing shall preclude the possession of contraband for the purposes of educational instruction pursuant to the employee's job responsibilities. Controlled substances means any drug, substance, or immediate precursor listed in Schedules I-V or Penalty Groups 1-4 of the Controlled Substances Act of 1988 as it may be revised from time to time. Druq or Illegal drug means any drug in any detectable amount that is not legally obtainable; any drug that is legally obtainable but has not been legally obtained; any prescribed drug not legally obtained; any prescribed drug not being used for the prescribed purpose; any over-the-counter drug being used at a dosage level different than recommended by the manufacturer or being used for a purpose other than intended by the manufacturer; and any drug being used for a purpose not in accordance with bona fide medical therapy. Examples of illegal drugs are cannabis substances such as marijuana and hashish, cocaine, heroin, phencyclidine (PCP), and so-called designer drugs and look-alike drugs. Drug Paraphernalia means equipment, a product or material that is used or intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, or concealing a controlled substance in violation of this policy or in injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. Medical Review Officer (MRO) means a licensed physician (doctor or doctor of osteopathy) responsible for receiving laboratory results generated by an employer's drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive or adulterated test result together with his or her medical history and any other relevant biomedical information. Town of Westlake Personnel Manual—Revised August 28,2017 Page 33 of 72 Physician means a physician licensed by the State Board of Medical Examiners. Proper medical authorization means a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the name of the substance, quantity/amount to be taken, the period of authorization, and whether the prescribed medication may impair the employee's job performance. This requirement also applies to refills of prescription drugs. Refusal to submit to alcohol or drug test means that an employee: • Refuses to sign a consent to testing form; • Fails to provide adequate breath or urine for testing without a valid medical explanation after he or she has received notice of the requirement for testing; • Engages in conduct that clearly obstructs the testing process; • Uses adulterants to prevent the detection of drug use in a drug-testing specimen or uses any other substance to tamper with the specimen. Any refusal to submit to testing will be treated the same as a positive controlled substances test result. Substance abuse is exemplified by, but not limited to, the following: • Ingestion, inhalation, or injection of a controlled substance without proper written medical authorization; • Ingestion of an alcoholic beverage during working hours or on Town property unless authorized as part of a Town-sponsored event where the employee's ingestion is pursuant to his or her job responsibilities and where the employee's breath alcohol content is below 0.02; • Ingestion of an alcoholic beverage in a Town vehicle, or while operating Town equipment, or while on call or on standby duty; • Ingestion, inhalation, or injection of a controlled substance without proper medical authorization, or ingestion of an alcoholic beverage during non- working hours, which causes an employee to be unable to work in a safe and effective manner during working hours; • Use of prescription or over-the-counter medication in a manner for which it was not intended. Testing facility means a hospital, clinic, or laboratory approved by the Town to be used to collect body fluid or breath samples to be analyzed for specific controlled substances or alcohol. The facility will have all the required personnel, materials, equipment, and supervision to provide for the collection, security, temporary storage, and transportation of the samples to the testing laboratory, or to conduct alcohol testing. Under the influence or Impaired is defined as abnormal behavior during working hours or while on call or on standby duty, which results from indulging in an alcoholic beverage, controlled substance, or drug which may limit an employee's ability to safely and efficiently perform his or her duties or poses a threat to the safety of the employee or others. Town of Westlake Personnel Manual—Revised August 28,2017 Page 34 of 72 Workinq hours means from the time the employee arrives at the job site until the time the employee leaves, including all lunch or other types of breaks. 5.17.02 Constitutional Rights of Employees The Town of Westlake respects the constitutional rights of its employees. All actions taken by Town officials shall be consistent with the Constitution and laws of the United States and the State of Texas. 5.17.03 Supervisory Training Supervisory personnel will be provided with the training necessary to identify work- related performance problems of employees. 5.17.04 Notification of Supervisor of Authorized Drug Use Each employee shall report the use of medically authorized drugs or other substances that can impair job performance to the employee's immediate supervisor and provide proper written medical authorization to work from a physician. It is the employee's responsibility to determine from the physician whether or not the drug would impair employee job performance depending on the nature of the employee's job. Failure to report the use of such drugs or other substances or failure to provide proper evidence of medical authorization will result in disciplinary action. Any information received from an employee under this provision will be kept confidential except to the extent it may be shared with individuals who are in a need-to-know position. The Town reserves the right to have a physician of its own choice determine if the medication produces hazardous effects at the prescribed dosage and may restrict the employee's work activity. 5.17.05 Additional Employee Responsibilities Employees scheduled to be on call are expected to be fit for duty upon reporting to work. An employee scheduled to be on call and who is called out is subject to the provisions of this policy. Each Town employee who observes or has knowledge of another employee in an impaired condition to perform his or her job duties or who poses a hazard to the safety and welfare of the employee or others shall promptly report this fact to the immediate supervisor. The employee making the observation must file a written report to the suspected employee's supervisor within 24 hours of observing or learning of the condition. Any employee concealing the use of or condition of being under the influence of drugs, controlled substances, or alcohol by other employees on the job, or failing to make such a report, will be subject to disciplinary action including suspension or termination. The suspected employee's supervisor must then determine whether this information, along with the supervisor's own observations, warrant a reasonable suspicion test. The supervisor will also forward Town of Westlake Personnel Manual—Revised August 28,2017 Page 35 of 72 the employee's written report immediately to the Department Head in a confidential manner. If, after investigating a report of an employee's impaired condition, the supervisor finds that the reporting employee has knowingly provided false information regarding the suspected employee, disciplinary action may be taken against the individual who filed the report and knowingly gave such false information. Any employee who makes a reasonable cause observation or who may be a witness at an accident scene shall also maintain complete confidentiality. Breach of confidentiality relating to test results or any other related matters will subject the employee to disciplinary action. All supervisors and Department Heads are responsible for documenting poor performance, for recognizing reasonable suspicion of drug or alcohol use by employees, and for carrying out the provisions of this policy. 5.17.06 Call for Special Duty If an employee is called to special duty at a time when he or she is off duty and not on standby duty, and when he or she has been consuming intoxicants, the employee shall report this usage to the person calling the employee for special duty. The person receiving the notification from the employee shall promptly notify the requesting supervisor. The employee will not be required to report for special duty until such a time that the employee is in compliance with this drug and alcohol policy. Employees who fail to notify the caller of their condition and report to work are subject to the provisions of this policy. 5.17.07 Required Drug and/or Alcohol Testing When a reasonable suspicion exists that an employee is impaired or under the influence of a controlled substance or alcohol, the employee shall be required to undergo a controlled substance and/or alcohol test at the Town's expense. The exam shall consist of a urine and/or breath and/or blood test, and may include a physical examination by a physician. Reasonable suspicion includes, but is not limited to, the following: • Vehicle accidents in which the employee was involved during working hours; • Abuse of Town property; • Personal injury suffered by the employee, injuries caused to others, or damage to another's property; • Employee behavior problems such as fighting, declining work performance, being argumentative, uncooperative, or otherwise disruptive; • Receipt of written or oral statements by employees or others concerning use of drugs or alcohol by employees or being under the influence; Town of Westlake Personnel Manual—Revised August 28,2017 Page 36 of 72 • Possession of any drug, drug container, or drug paraphernalia, or any open alcoholic beverage container during working hours or while on standby duty, in a Town vehicle, or on Town property; and, Indications of possible impairment or intoxication which include the following: • Slurred speech • Disorientation • Job impairment (inability to perform the job in a routine manner) • Odor of alcoholic beverages • Odor of other substances • Unsteady gait or balance • Glassy eyes • Drowsiness • Euphoria • Mood swings • Inattentiveness • Excitement or confusion • Irritability • Aggressiveness • Other erratic behavior If an on-the-job accident or an accident involving Town equipment occurs and the supervisor determines that reasonable suspicion exists to warrant testing, the employee will be tested for both drugs and alcohol as soon as possible. The supervisor of an employee who is seriously injured and cannot provide a breath or urine specimen at the time of the accident will accompany the employee to the hospital and request that the hospital perform the tests necessary to determine the presence of controlled substances or alcohol in the employee's body at the time of the accident. The employee will provide the necessary authorization for the Town to obtain these reports. In a medical emergency, the first consideration will be the health and welfare of the employee. 5.17.08 Testing Methods The methods by which substance abuse or alcohol use will be tested may include, but is not limited to, the following: • urinalysis • breath analysis • blood screening 5.17.09 Procedures for Administering Tests The Town Manager or designee is authorized to develop, administer, and modify testing procedures as required. A copy of the Town of Westlake Drug and Alcohol Policy shall be provided to the testing facility before any tests are conducted. The testing facility shall comply with Town of Westlake Personnel Manual—Revised August 28,2017 Page 37 of 72 the procedures outlined in this policy when conducting tests. The testing facility shall contact the Town Manager whenever it believes it is necessary to amend the testing procedures. A supervisor shall transport the employee to the testing facility where the employee will be required to show positive picture identification. Consequently, employees are required to carry their valid driver's license with them while at work. 5.17.10 Drug Testing Procedures The employee shall complete a consent form prior to testing. If the employee does not understand what he or she is signing, the supervisor shall explain the form to the employee. The form authorizes the exam/test and the release of medical information regarding the employee's medical condition and any test results. Failure to sign a consent form will be regarded the same as a positive drug test result. The medical facility staff member shall provide the employee with a container. A portion of the urine place in this container shall be used for a second test in case the employee requests a re-test of an initial positive or adulterated result. The specimen shall be produced in a location that provides privacy. All Fire/EMS commissioned officers shall be drug tested at the time of their annual physicals. 5.17.11 Alcohol Testing Procedures The employee shall complete a consent form prior to testing. If the employee does not understand what he or she is signing, the supervisor shall explain the form to the employee. The form authorizes the exam/test and the release of medical information regarding the employee's medical condition and any test results. Failure to sign a consent form will be regarded the same as a breath alcohol content equal to or greater than 0.04. The employee's breath alcohol content shall be analyzed using an Evidential Breath Testing device (EBT) operated by a Breath Alcohol Technician (BAT). The test shall be conducted in a private setting. 5.17.12 Medical Examination If the employee is unable to provide adequate breath or urine to conduct testing, the Town may require the individual to undergo a medical evaluation to develop pertinent information concerning whether the individual's inability to provide a specimen is genuine or constitutes a refusal to test. The cost of the medical exam shall be paid by the Town and the employee will remain in a leave without pay status while awaiting the results of the medical exam. Town of Westlake Personnel Manual—Revised August 28,2017 Page 38 of 72 5.17.13 Post-Test Procedure The supervisor who makes a determination that reasonable suspicion exists to conduct a drug or alcohol test will prepare a written record of the observations leading to the test within 24 hours of the observation. At the conclusion of the alcohol test, the supervisor will provide instructions to the employee based on the test results and shall immediately hand-deliver the employer's copy of the results to the Town Manager or his designee in a confidential manner. The supervisor shall also immediately and confidentially inform his or her Department Head of the test results. When a drug test is conducted, the employee shall remain off-duty in a leave without pay status pending the results of the exam and any other type of investigation the Town may conduct. Exam results will be sent confidentially to the Human Resources Department. Any time a drug test is conducted or when an alcohol test produces a breath alcohol content equal to or greater than 0.02, the supervisor shall ensure that the employee does not drive him or herself home in either them employee's personal vehicle or in an assigned Town vehicle. 5.17.14 Exam Results Confidentiality The results of any drug or alcohol test shall be strictly confidential and shall not be disclosed without the prior written approval of the employee tested unless otherwise required by law. However, nothing in this paragraph will prohibit the lab, the MRO, or testing facility from releasing information relevant to an employee's test results to the designated Town official(s). Additionally, only those persons in management directly involved in the decision-making process related to the tested employee will obtain any drug or alcohol testing information retained by the Town. There may be some instances where overriding public health or safety concerns may require the release of information otherwise considered confidential. All records of the Town shall be subject to the provisions of the Texas Open Records Act. A copy of the results of the exam shall be supplied to the employee examined, and the original exam results shall be maintained in a locked cabinet in the Human Resources office for a period of at least two (2) years, after which time they may be destroyed. The Human resources Office may, however, maintain the exam results and any reports on individuals who have violated this policy for the purpose of recording the number of violations. Management and supervisory personnel who are authorized to have access to alcohol or drug test results or medical information pertaining to this policy will maintain complete confidentiality regarding this information. Town of Westlake Personnel Manual—Revised August 28,2017 Page 39 of 72 5.17.15 Drug Testing Results The employee shall remain off-duty in a leave without pay status until the results of the controlled substances test are received by the Human Resources Department and until any other investigative procedures are complete. If the results are negative and unadulterated, no disciplinary hearing will be held and the employee will be given back pay as though he worked as previously scheduled for this time. A Medical Review Officer (MRO) shall review and interpret positive and adulterated results obtained from the lab. The MRO will examine the possible alternate medical explanations for any positive test results or adulterated results and give the individual testing positive or the individual with an adulterated test result an opportunity to discuss the test results prior to making a final decision. The MRO may verify an adulterated or positive test result to the Director of Human Resources without having communicated with the employee if the employee expressly declines to discuss the results of the test or if the employee has not contacted the MRO within five (5) days after a documented confidential contact by the Director of Human Resources instructing the employee to contact the MRO. An employee whose urine sample has tested positive for a controlled substance or has an adulterated test result has the option, within 72 hours of being notified by the MRO, of having the other portion of the sample tested at another DHHS-certified laboratory of the MRO's choice. The Town will require the employee to pay cash in advance for the cost of shipment and analysis of the urine sample for re-testing. The employee will remain on leave without pay status while awaiting the results of the retest. If the remaining portion produces a negative unadulterated result, or if for any reason the remaining portion is not available, the test is considered negative, no sanctions will be imposed, and no disciplinary hearing will be held. Additionally, the Town will reimburse the employee for the expense of the re-test and back wages will be paid as though the employee worked as previously scheduled for this time period. Results that are positive for an illegal drug or controlled substance or are adulterated will result in termination of the employee. Upon receipt of a positive drug test or an adulterated test result, the Human Resources Office shall confidentially notify the employee's supervisor and Department Head and shall schedule a disciplinary hearing giving written notice of the date, time, and place of the hearing and a copy of the test results to the employee tested. At the hearing, the employee shall have the opportunity to challenge the test results or the testing procedure. If the employee is found to be in violation of this policy, he or she will be terminated from employment. 5.17.16 Alcohol Testing Results Employees who test below 0.02 breath alcohol concentration will be allowed to return to duty unless the employee's departmental rules and regulations do not allow an employee's return to duty with any level of alcohol in his or her system. A department's rules and regulations will prevail over this policy only where they are more restrictive than this policy. If the employee is placed on leave without pay or terminated from employment as a result of violating departmental policy, the Town of Westlake Personnel Manual—Revised August 28,2017 Page 40 of 72 employee will be provided a notice of hearing by the Director of Human Resources and a disciplinary hearing shall be held. Employees who test equal to 0.02 but less than 0.04 breath alcohol concentrations will: • be taken home under the provisions of the Post-Testing Procedure and will not be allowed to return to duty for 24 hours after the conclusion of the initial alcohol test; • be placed on leave without pay and will not be allowed to perform any work on behalf of the Town for the 24-hour period immediately following the alcohol test; • be given a notice of disciplinary hearing stating the date, time, and location of the hearing and a copy of the test results when they return to work and are no longer under the influence of alcohol; • be allowed to challenge the test results or the testing procedure at the hearing; • be required to submit to unannounced alcohol testing at least six (6) times while on duty during the 12 months immediately following the initial test (the employee's Department Head or designee will determine when the unannounced tests will be conducted); and, • be terminated if their breath alcohol concentration falls in this range twice in any consecutive 12-month period. Further, an employee will be terminated if his or her breath alcohol concentration falls in this range a total of four (4) times during employment with the Town of Westlake, regardless of any break in service. Employees who test equal to or greater than 0.04 breath alcohol concentration will: • be taken home under the provisions the Post-Testing Procedure; • immediately be placed on leave without pay and will not be allowed to perform any work on behalf of the Town; • be provided with a notice of a disciplinary hearing stating the date, time, and location of the hearing and a copy of the test results; • be allowed to challenge the test results or the testing procedure at the hearing; and, • be terminated from employment with the Town if they are found to be in violation of this policy. 5.17.17 Employee Cooperation All employees are expected to cooperate in the testing process. Refusal to take a drug or alcohol test or refusal to sign the consent form will be treated the same as a positive controlled substances test result or a breath alcohol content equal to or greater than 0.04. Failure to provide adequate breath or urine specimens for testing without a valid medical explanation is also considered a refusal to submit to testing. Any conduct that clearly obstructs the testing process, such as tampering with a specimen or the testing procedure, including the use of adulterants, will result in termination. Town of Westlake Personnel Manual—Revised August 28,2017 Page 41 of 72 5.17.18 Operation of Vehicles and Equipment Under no circumstances shall an employee operate motor vehicle or motorized equipment while under the influence of drugs or alcohol, or under the influence of medication that may affect the employee's ability to operate such equipment. Additionally, when the supervisor has information from another employee when reasonable suspicion exists (as defined in Section 3.04.07, Required Drug and/or Alcohol Testing), an employee shall not be allowed to operate any motor vehicle or motorized equipment until the supervisor has investigated the situation and determined if testing for drugs or alcohol is warranted. If the supervisor determines that reasonable suspicion does not exist, the employee will be allowed to return to his or her regular duties. If reasonable suspicion does exist, the employee will be tested in accordance with Section 3.04.09, Procedures for Administering Tests. 5.17.19 Searches and Inspections in the Workplace Employees and their personal property, as well as Town property and equipment, may be searched when there is reasonable suspicion (as defined in Section 3.04.07, Required Drug and/or Alcohol Testing) to believe that an employee is in violation of this policy. The Town may conduct these inspections and searches for drugs, alcohol, or contraband on Town premises or in Town vehicles or equipment wherever located. Searches and inspections may be initiated without prior notification and conducted at times and locations deemed appropriate by the Town. Personal effects include, but are not limited to, personal vehicles, baggage, lockers, desks, toolboxes, and lunch boxes. An employee may have the right to refuse a search; however, an employee's consent to a search is required as a condition of employment and the employee's refusal will result in disciplinary action up to and including termination, even for a first refusal. Controlled substances, drugs believed to be illegal, and/or drug paraphernalia found on Town property will be turned over to the appropriate law enforcement agency and full cooperation given to any subsequent investigation. Substances that are suspected to be illegal drugs by a layman's examination will be turned over to law enforcement authorities. Other forms of contraband such as prohibited or illegal firearms, explosives, and other weapons will be subject to seizure during an inspection or search. An employee who is found to possess contraband on Town property or while on Town business will be subject to discipline, up to and including termination. 5.17.20 Employee Convictions Any employee convicted of a violation of a criminal drug or alcohol statute for conduct occurring while on duty or on Town property must notify the Town of such conviction with 24 hours of conviction. Town of Westlake Personnel Manual—Revised August 28,2017 Page 42 of 72 If an employee fails to report such conviction, the employee will be subject to disciplinary action up to and including termination for the first offense. Convictions will result in immediate disciplinary action up to and including termination of employment. 5.17.21 Social Functions Employees attending training and conferences may participate in social functions associated with the conference or event. Employees who consume alcohol at these functions shall not drive. Any substantiated finding of alcohol abuse will result in disciplinary action up to and including termination of employment. 5.17.22 Off-Duty Conduct The Town reserves the right to take disciplinary action, up to and including termination, in the event an employee's off-duty involvement with controlled substances and/or alcohol is damaging to the Town's reputation or business and/or is inconsistent with the employee's job duties or when such off-duty conduct results in impairment of the employee's performance on the job. It is prohibited to consume alcohol while in a Town work uniform or while on duty. 5.17.23 Reservation of Rights The Town reserves the right, to interpret, change, rescind, or depart from this policy in part or in whole without notice. Nothing contained in this policy shall be construed as creating or constituting a contract with any employee, whether expressed or implied. 5.16 Part-Time Firefighter Program The Town of Westlake helps to maintain minimum staffing requirements by qualified personnel on a part-time basis. The primary purpose of the Program is to provide the community with an auxiliary unit of trained, competent Firefighter/Paramedics. These employees supplement our regular personnel and can be used in the event of an emergency when manpower is critical. A screening process will be conducted on all applicants selected by the Fire Chief to be considered for available positions. Requirements 1. Must be at least 21 years of age; 2. Must be in good physical and mental health with no disabling physical condition; 3. Must possess a valid Texas driver's license; 4. Must not have a history of criminal or improper personal conduct that may affect suitability for public safety work; 5. Must possess a United States high school diploma or G.E.D. equivalent; and 6. Must possess current firefighter and paramedic certifications; Town of Westlake Personnel Manual—Revised August 28,2017 Page 43 of 72 7. United States Citizenship required or legal authorization to work in the United States. Hiring Process 1. Completion of Town of Westlake Employment Application 2. Completion of Personal History Statement 3. Review of Candidate Qualifications 4. Background Investigation 5. Department Interview 6. Certification and Appointment Commitment Part-time Firefighters are required to work a minimum amount of shifts, as outlined in the Department's Standard Operating Policies. Part-time Firefighters not meeting this requirement will be classified as inactive for an additional calendar quarter. If inactive for more than two consecutive calendar quarters, Part-time Firefighters may be terminated without prior notice. Employee Benefits Part-time Firefighters are offered only specified benefits. These include social security match, medicare match, unemployment insurance, and workers' compensation insurance, as required by law. Other benefits, including vacation pay, sick leave, retirement benefits, health or disability insurance or related benefits, or any other type of employee benefits, are not included. Compensation Part-time Firefighters will be compensated at a rate that will be reviewed annually during the Town's budget process. This pay rate may be adjusted at any other time by the Town Manager. Employees will be paid twice monthly by direct deposit in accordance with the Fire Department's 15-day payroll cycle. Uniforms Part-time Firefighters will be provided with apparel which will identify them as a Town of Westlake employee. In addition, bunker gear will be available for Part-time Firefighters to use during emergency calls. Pants and footwear will not be provided. Nature of Employment Part-time Firefighters are subject to the same policies and departmental procedures as all other employees. Details of these policies and procedures are contained in the Town of Westlake Personnel Manual and the Westlake Fire/EMS Standard Operating Procedures document. All Part-time Firefighters will receive a copy of the Town of Westlake Personnel Manual, either in printed or electronic form. Town of Westlake Personnel Manual—Revised August 28,2017 Page 44 of 72 It shall be the responsibility of each employee to read, understand, and comply with all policies, procedures, rules, regulations, and practices, both those of the Town and those of their respective departments. Failure to comply may result in disciplinary action up to and including termination of employment. 5.17 Breaks for Expression of Breast Milk The Town of Westlake will make reasonable accommodations for the needs of employees who express breast milk. A place, other than a multiple user bathroom, that is shielded from view and free from intrusion from other employees and the public where the employee can express breast milk will be provided. A reasonable amount of break time will be provided when the employee has a need to express milk. For nonexempt employees, these breaks are unpaid and are not counted as hours worked. Employees should meet with their supervisor to discuss their needs and arrange break times. Section 6: Wage and Salary Administration 6.01 Paydays The Town of Westlake will take all reasonable steps to assure that its employees' pay and benefits, as well as vacation, sick leave, and holiday time, are accurate. It is imperative that employees participate in this effort by examining their timesheets and signing them. Each employee should examine their paycheck received and bring to the attention of their immediate supervisor any discrepancies. All regular Town employees are paid bi-weekly on every other Friday. Fire Personnel are subject to a 15-day work cycle. Paydays fluctuate and are documented on the Fire Payroll Calendar. In the event a payday falls on a holiday, employees will receive their paychecks on the last banking day preceding the regular scheduled payday. Each paycheck will include earnings for all work performed during the previous payroll period. Each paycheck stub itemizes earnings and deductions and provides year-to-date totals for wages, income tax, TMRS, payroll taxes, and elective deductions. 6.02 Direct Deposit Direct deposit is a service provided to all Town of Westlake employees to deposit net pay directly into a financial institution (checking or savings account) of the employee's choice. Paychecks are automatically deposited in a personal account on payday. The employee receives a check stub detailing gross pay, taxes, deductions, and direct deposit amount. The check stub will be sent to the employee each payday and the front of the check will read "void". Town of Westlake Personnel Manual—Revised August 28,2017 Page 45 of 72 Any change to the status of paychecks with regard to direct deposit, such as a bank account number, application to participate in the program, or cancellation of the direct deposit program requires a two-week (2) written notice through the Human Resources Department (see Forms Appendix). Enrollment forms are located in Human Resources. Direct deposit will cease at the time of termination. Final check arrangements are made through HR during the "exit interview." 6.03 Timekeeping Accurately recording time worked is the responsibility of every employee, and records should represent actual time worked on the job performing assigned duties. Federal and state law requires that the Town of Westlake keep accurate records of time worked in order to calculate employee pay and benefits. It is the immediate supervisor's responsibility to accurately document and/or verify the time his or her subordinates begin and end their work period, each meal period, split shift and departure from work for personal reasons. The appropriate supervisor will review and sign the payroll time sheet before submitting to payroll. Department Heads are required to submit all timesheets for their department to Human Resources no later that 12:00pm on the Tuesday preceding payday. Fire/EMS shall submit timesheets in accordance with the dates specified on the Fire/EMS payroll calendar. Each time sheet will be signed by the employee indicating that the time recorded is correct. Falsification of a timesheet may be punishable by disciplinary action, up to and including termination. 6.04 Pay Corrections The Town of Westlake takes all reasonable steps to ensure that employees are paid the correct amount in each paycheck and that employees are paid promptly on the scheduled payday. If an error should occur in the amount of pay received, it is the employee's responsibility to bring the error to the attention of their supervisor before the following paycheck is processed by the Human Resources Department. When underpayment is verified, it will be corrected not later than the next regular paycheck. Overpayments will be corrected as soon as practical through a repayment schedule so as not to place an undue burden on the employee. 6.05 Employment Classifications It is the intent of the Town of Westlake to clarify the definitions of employment classifications and categories so that employees understand their employment status and benefit eligibility. Town of Westlake Personnel Manual—Revised August 28,2017 Page 46 of 72 Each employee will be assigned either an exempt or non-exempt status for the purpose of complying with federal and state wage and hour laws. Exempt employees are excluded from specific provisions of federal and state wage and hour laws and may be classified in pay plans as executive, technical, or exempt. Non-exempt employees are entitled to overtime pay at a rate of one and one-half(1 '/2) times their current hourly compensation as prescribed by federal and state wage and hour laws and may be classified in pay plans as non-exempt or technical. Specific employee categories are as follows: Regular full-time employees are those who are not on temporary or introductory/probationary status, are assigned to work a regular full-time schedule, and are eligible to the Town's benefit package, subject to the conditions and limitations of each program. Regular part-time employees are regularly scheduled to work less than thirty- two (32) hours per week and are eligible for some Town-sponsored benefits, subject to the conditions and limitations of each program. Introductory employees are those who are new with the Town. Length of the introductory period is six (6) months for all employees except certified police and fire officers whose probation period is twelve (12) months. Probationary employees are those whose performance is being evaluated to determine whether future employment in their current position with the Town is appropriate. Seasonal employees are those who are hired as the need arises. The duration of seasonal employment shall be less than six (6) months and compensation will be based on an hourly rate. No Town-sponsored benefits will be extended to seasonal employees. Contract employees are those who have entered into a legal agreement with the Town to perform a specific duty or duties. The agreement will detail the rate of compensation and duration of contract. 6.06 Compensatory Time Non-exempt employees who work overtime hours may be eligible to receive compensatory time rather than overtime pay. Compensatory time is earned at a rate of 1'/2 times the number of hours worked if the employee has exceeded the overtime threshold for the respective pay period. The option to use compensatory time off rather than overtime pay is at the discretion of the Department Head. If Compensatory Time is selected by the Department Head, it should be noted clearly on the time sheet. Town of Westlake Personnel Manual—Revised August 28,2017 Page 47 of 72 Employees working overtime will receive 1'/2 hours of compensatory time for every hour worked in their Comp Bank. Unused comp time may be sold back to the Town once annually at any time and is payable in full upon termination, regardless of cause. 6.07 Overtime When operating requirements or emergency situations are such that needs cannot be met during normal working hours, employees may be given the opportunity to volunteer or may be instructed to work overtime. Overtime compensation is paid to all non-exempt employees in accordance with Federal and State Law. Non-exempt employees who are called in to work hours other than what is normally scheduled shall receive compensation of 1'/2 times the normal hourly rate. Mandatory training programs outside normal work hours, on or offsite, are paid at an overtime rate. Elective or non-mandatory training courses outside normal work hours may be unpaid or paid at a normal hourly rate, at the Town Manager's discretion. 6.08 Pay Increases and title changes It is the policy of the Town of Westlake to conduct annual salary surveys of surrounding cities. Salary adjustments may be made in order to remain competitive. In circumstances such as promotion or merit based adjustments separate from market increases, the adjustment date will become the new anniversary date for future pay increases. This policy does not apply to one-time merit payments. Any changes to an employee's salary or job title must be approved by the Town Manager. 6.09 Pay Increases It is the policy of the Town of Westlake to conduct annual salary surveys of surrounding cities in accordance with the compensation plan. Salary adjustments will be made in order to remain competitive. Merit increases are awarded at the discretion of the Town Manager. At the Town Manager's discretion, employees may receive additional pay adjustments above market increases. In the event that additional pay adjustments are authorized, the authorization date will become the new anniversary date for future pay increases. This policy does not apply to one-time merit payments. 6.10 Skill I Standards rating plans The Human Resource Department and/or Department Heads may determine that certain positions progress through an existing pay grade by successful demonstration of skill blocks. Reviews will be conducted on a schedule to be determined by the Department Heads to assess if an employee has successfully demonstrated mastery of the prescribed objectives. Pay increases will be linked directly to the completion of prescribed objectives and overall work performance. If an employee is deficient in one or more skill areas, he or she will not be eligible for an increase until he has demonstrated mastery of that area. Town of Westlake Personnel Manual—Revised August 28,2017 Page 48 of 72 If the employee receives an overall rating that does not meet standards, he or she will be placed on a Performance Improvement Plan. 6.11 Market Adjustments The Human Resources Department will conduct a yearly market analysis. If any market adjustment is approved, all pay ranges and steps will be adjusted accordingly on the first day of the fiscal year in accordance with the Town's compensation policy.. 6.12 Payroll Deductions Standard payroll deductions may include Medicare, FICA, medical, dental and life insurance, deferred compensation, TMRS, IRS Section 125 expenses, and child support. 6.13 Personnel Data Changes It is the responsibility of each employee to notify their department of any changes in personal data within five (5) working days from the date of change. The Town will not be responsible for lost or misdirected communication resulting from outdated personnel information. Information shall include, but not be limited to, change of name, home address, mailing address if different, telephone number, person(s) to be contacted in the event of an emergency, change in marital status and names of dependents. Each employee must complete and sign the W-4 form to meet federal requirements when such changes occur. Section 7: Employee Benefits 7.01 Holidays The Town of Westlake will grant paid time off to regular full-time and full-time probationary/introductory employees for eleven (11) designated holidays or shifts per annum according to the following criteria. Regular full-time and full-time probationary/introductory employees in pay status shall be compensated at their regular hourly rate and for the number of hours they would have worked had it not been a holiday. Regular full-time employees whose regular day off falls on a Town-designated holiday may receive pay for the holiday or, subject to Department Head approval, may elect to take a paid day off at a later time. Employees will receive holiday pay based on the number of hours they are scheduled to work on the day they take off. Each department is responsible for documenting saved holidays and when holidays are taken on the employee's timesheet before submitting the timesheet to payroll for processing. Town of Westlake Personnel Manual—Revised August 28,2017 Page 49 of 72 Regular full-time and regular part-time employees who are scheduled to work on a Town- designated holiday will receive pay for the hours worked on the holiday plus holiday pay for the number of hours they are scheduled to work. Based on department operations and subject to Department Head approval, employees may elect to save their holiday and take a paid day off at a later time. Employees will receive pay for the saved holiday based on the number of hours they are scheduled to work on the day they take off. Each department is responsible for tracking saved holidays and when holidays are taken. To receive holiday pay, employees must be in pay status on their scheduled workday preceding and following the designated holiday. If a designated holiday falls during an eligible employee's paid absence (i.e., vacation, sick leave), holiday pay shall take precedence and the leave period shall not be extended because of the holiday. Fire/EMS personnel are permitted to bank unused holiday time. The maximum threshold in an employee's holiday bank is 528 hours, equivalent to two (2) years of holiday time. Any unused holiday time above this threshold will be forfeited on October 1 St when new holiday time is credited to the employee's bank. In addition to a floating personal holiday, the Town shall observe eleven (11) official holidays per year, which include the following: Thanksgiving Day in November Friday after Thanksgiving in November Christmas Eve, December 24th Christmas Day, December 25th New Year's Day, January 1St Martin Luther King, Jr. Day in January President's Day in February Good Friday in March/April Memorial Day in May Independence Day, July 4th Labor Day, 1St Monday of September Personal Leave Day (floating holiday): Regular full-time, regular part-time, and probationary/introductory employees are eligible to use their Personal Leave Day upon commencing employment and must use it before their first anniversary date. Payment shall be made for the Personal Leave Day upon separation, retirement, or death of the employee if not taken during the year, providing that the employee has not been discharged as a result of criminal or civil misconduct involving Town property, personnel, or official position. If employment lasts less than six months, no payment will be made for the floating holiday and will be deducted from the employee's last check if used. 7.02 Insurance Benefits (Dental, Medical, Life) Dental, medical, and life insurance is provided by the Town of Westlake for all regular full-time employees who work at least thirty (30) hours per week. Insurance coverage is effective the first day of the month following the employee's first day of employment. Dependent coverage is available to all employees. The Town of Westlake will contribute 50% toward the premiums for dependent coverage. Should an employee elect to carry insurance on a dependent, the employee must sign a salary reduction agreement with the Human Resources Office to Town of Westlake Personnel Manual—Revised August 28,2017 Page 50 of 72 reimburse the Town for the premiums incurred. Pre-tax deductions are allowable under the guidelines of the IRS section 125. The Town provides all regular full-time employees with comprehensive life insurance, plus accidental death and long-term disability coverage, at no charge to the employee. The policy's value is at the rate of one (1) year's annual salary of the employee. Life insurance is effective 90 days following the employee's date of hire and is discontinued upon termination of employment. Part-time employees may elect to purchase this coverage at the group rate. In the event of an employee's death, an additional life insurance benefit is paid through the Texas Municipal Retirement System, equivalent to the total compensation received by the employee in the last twelve months. 7.03 Other Insurance Coverage 7.03.01 Workers'Compensation All active employees are also afforded coverage under Workers' Compensation. This compensation will pay, on behalf of the employee, medical expenses incurred as a result of an accident or injury while on the job and in the pursuit of that employee's duties. In addition, this coverage also affords the employees of the Town of Westlake weekly indemnity loss of wages or benefits as a result of the aforementioned accident or injury as prescribed by State law. All injuries will be immediately reported to the supervisor and statutory Workers' Compensation procedures will be followed. 7.03.02 Public Officials Liability The Town of Westlake provides Public Officials Liability protection for all full-time active employees during administration of said employee's duties. This coverage applies to any and all commissions, boards, authority, and administrative departments operating on behalf of the Town of Westlake, which include, but are not limited to, all duly elected and appointed officials and members of the governing body of the Town of Westlake. 7.03.03 Automobile Liability The Town of Westlake provides automobile liability coverage for all of its owned vehicles. In addition, Town employees are named as additional insured persons on this policy to afford liability protection for them as well as the Town of Westlake while they are acting within the course and scope of their duties. NOTE: ALL BODILY INJURY AND PROPERTY DAMAGE LOSSES WITHIN THE TOWN OF WESTLAKE WILL BE IMMEDIATELY REPORTED TO THE TOWN MANAGER. Town of Westlake Personnel Manual—Revised August 28,2017 Page 51 of 72 7.04 Retirement 7.04.01 Texas Municipal Retirement System(TMRS) All regular full-time and probationary employees automatically become members of the Texas Municipal Retirement System. Eligible employees contribute seven (7) percent of their salaries to the retirement fund through payroll deduction. The Town of Westlake contributes a percentage of funds to provide the employee a 2:1 match. The Town of Westlake has a five (5) year vesting requirement. Participating employees do not have access to retirement funds. Employees have the option upon termination to withdraw their contributions plus interest. A participant never has the option of drawing the Town's match; it may only be attained through one of the retirement plan options after meeting age and tenure requirements. Employees may be eligible for disability retirement benefits if the employee becomes disabled to the extent that he or she can no longer perform the essential duties of the position and if the disability is likely to be permanent. No minimum length of service or age requirements is necessary to be eligible for Occupational Disability Retirement Benefits. 7.04.02 Social Security All Town of Westlake employees are covered under Social Security. Contributions to the Social Security System are shared jointly by the employee and the Town. 7.05 Payroll Deductions The Town of Westlake offers all benefit programs required by law. Eligible employees may voluntarily authorize deductions from their paychecks to participate in approved programs designed to benefit all employees equally. The law requires that certain deductions be made from the employee's paycheck, including income taxes, contribution to TMRS, Social Security, and Medicare. Regular full-time, part-time, and probationary/introductory employees may authorize contributions to approved programs. Eligible employees may participate in any or all of the following programs under the Section 125 cafeteria Plan: • dependent health insurance • dependent dental insurance • medical flexible spending accounts • child care flexible spending accounts Town of Westlake Personnel Manual—Revised August 28,2017 Page 52 of 72 Participation in the Section 125 Cafeteria Plan must be made during the Open Enrollment Period and cannot be changed unless the employee experiences an IRS-qualified event. More information regarding the Cafeteria Plan is available at the Human Resources Office. 7.06 TMRS Supplemental Death Benefit The Town of Westlake has chosen to offer Supplemental Death Benefits for members and retirees. Survivors of active employees receive an additional benefit approximately equal to the employee's annual salary. If death occurs after retirement, the Supplemental Death program pays a lump sum of$7,500 to the employee's beneficiary. Upon death, an employee's beneficiary or estate is guaranteed to receive at least a refund of the remaining member deposits and interest. If the employee is vested at the time of death, their beneficiary may also be eligible for a monthly payment. If death occurs after retirement, the monthly payment a beneficiary receives will be based on the retirement option that the employee has chosen. 7.07 Deferred Compensation (457 Pla ) The Town of Westlake makes available to its employees a deferred compensation program administered through the International City Manager's Association-Retirement Corporation (ICMA-RC). Most employees may participate in this program. Maximum annual contributions are determined on an annual basis by the Treasury Department. Employees considering this benefit should contact the Human Resources Department for additional information. 7.08 Internal Revenue Code, Section 125 (Cafeteria Plan) This plan is authorized under Section 125 of the Internal Revenue Code (IRC) and has been approved and adopted by the Town Council as an employee benefit. This plan allows employees to pay three (3) separate classes of expenses with pretax dollars: insurance premiums, unreimbursed medical/dental expenses, and authorized child-care expenses. With this Plan, employees may apply part of their salary, before it is taxed, to the cost of the available Benefits that are selected. Employees must make their selection before their effective date of participation. The Plan Year begins on January 1 st and ends on December 31 st of each year. Employees must enroll during the Open Enrollment period each December. New employees must determine their participation in the Plan within 30 days of the date of hire (see Forms Appendix). For detailed information about the Cafeteria Plan, contact the Human Resources Office. 7.09 Car Allowance and Mileage Reimbursement The Town of Westlake provides car allowances to reimburse employees required to use personal vehicles extensively for Town-related business. For some employees at a manager Town of Westlake Personnel Manual—Revised August 28,2017 Page 53 of 72 level and above, a car allowance may be set above the reimbursement level as a part of the employee's total compensation package. The use of mileage reimbursement is to reimburse employees who are required to use personal vehicles occasionally for Town-related business. The reimbursement rate will remain consistent with the IRS approved rate. In order to receive a mileage reimbursement, employees are required to document the miles driven and purpose on an expense report. The expense report must be approved by the Department Head and forwarded to accounting for processing. Reimbursement checks will only be issued during the normal bi-monthly check run cycle. 7.10 Taxable Fringe Benefits Any taxable fringe benefit (as defined by the IRS regulations) received by an employee will be reported on the employee's annual W-2 statement each calendar year. 7.11 Use Westlake Public Facilities Employees are encouraged to utilize the Town's public facilities for recreation and personal fitness. Usage of the gymnasium is limited to periods of non-usage by Westlake Academy. Any organized team sports should be coordinated though the Director of Facilities and Recreation and will be limited to "open" hours. 7.12 Enrollment in Westlake Academy A student whose parent or legal guardian is employed by the Town of Westlake or the Westlake Academy will be eligible for admission on a space available basis after all students of Westlake residents are admitted. Continued enrollment in the Academy is contingent on employment status. For full disclosure of admission guidelines and procedures, please reference the Westlake Academy Admissions Policy, available in the school office. Section 8: Leave and Absences 8.01 Vacation Regular employees completing six (6) months of service will have one (1) week of vacation placed in their vacation bank. This vacation is actually earned between 6 and 12 months of service. For the convenience of the employee, this one week of vacation will be available for the employee to use at the beginning of the eligible period. Fire/EMS Personnel accrue three (3) shifts of vacation after completing six (6) months of service. On the employee's first anniversary date, the employee will be given an additional five (5) shifts of vacation. Although earned vacation time accrues throughout the year, the full annual amount is made available to each employee at the beginning of the year. Town of Westlake Personnel Manual—Revised August 28,2017 Page 54 of 72 All employees may carry over two (2) years of accrued, earned vacation on their anniversary date. Vacation banks may have a maximum balance of three (3) years of available vacation. As vacation time is added to the employee's bank on their anniversary date, any unused vacation above the maximum amount will be forfeited by the employee unless mandatory work schedules prevent any vacation from being taken. If an employee terminates employment having used more vacation leave than what has earned, the cost of those unearned leave days will be taken from the final paycheck at the employee's normal hourly rate. All regular part-time employees who move to regular full-time employment status shall earn vacation accruals according to the same schedule as any other new full-time employee. Vacation that is earned and unused upon termination is payable at the employee's regular hourly rate. Vacation leave will apply only for time during which the employee would ordinarily have worked. Employees being transferred, promoted, or demoted shall retain their current accrued vacation and accrual rate. Vacation leave shall not be advanced to employees, nor is it transferable between employees. Official holidays occurring during a vacation shall not be charged to vacation leave. All regular eligible employees shall accrue vacation leave at the following rates: After 6 months of service 1 week 1-5 years service 2 weeks per year Over 5 years service 3 weeks per year Over 10 years of service 4 weeks per year Fire/EMS Personnel shall accrue vacation leave at the following rates: After 6 months 3 shifts 1-5 years service 5 shifts per year Over 5 years service 7 shifts per year Over 10 years of service 10 shifts per year Regular employees completing six (6) months of service will have one (1) week of vacation placed in their vacation bank. This vacation is actually earned between 6 and 12 months of service. For the convenience of the employee, this one week of vacation will be available for the employee to use at the beginning of the eligible period. On the employee's first anniversary date, the employee will be given an additional two (2) weeks of vacation to use before their second anniversary date. An employee's vacation bank may hold a maximum of two (2) year's unused, earned vacation (carryover) in addition to one (1) year of vacation added on the employee's anniversary date. Vacation time added on each employee's anniversary date is actually earned throughout the year. Fire/EMS Personnel accrue three (3) shifts of vacation after completing six (6) months of service. On the employee's first anniversary date, the employee will be given an additional five (5) shifts of vacation. Fire/EMS personnel may bank may hold a maximum of two (2) year's unused, earned vacation (carryover) in addition to one (1) year of vacation added on Town of Westlake Personnel Manual—Revised August 28,2017 Page 55 of 72 the employee's anniversary date. Vacation time added on each employee's anniversary date is actually earned throughout the year. Any unused vacation above this amount will be forfeited by the employee unless mandatory work schedules prevent any vacation from being taken. Although earned vacation time accrues throughout the year, the full annual amount is made available to each employee at the beginning of the year. If an employee terminates employment having used more vacation leave than what has accrued for the year, the cost of those unearned leave days will be taken from the final paycheck at the employee's normal hourly rate. All regular part-time employees who move to regular full-time employment status shall earn vacation accruals according to the same schedule as any other new full-time employee. Vacation that is earned and unused upon termination is payable at the employee's regular hourly rate. 8.02 Sick Leave The Town of Westlake provides paid sick leave benefits to eligible regular full-time and regular part-time employees for periods of temporary absence due to illness, non-job-related injury, serious health condition, or health fitness impairment to include the birth of the employee's child. If unable to report to work due to illness, injury, serious health condition, or health fitness impairment to include the birth of the employee's child, probationary, seasonal, and casual employees must contact their supervisor before the start of each scheduled work day/shift or as soon thereafter as practical to report the reason for their absence. However, probationary, seasonal, and temporary employees will not receive paid sick leave benefits. All time missed from work due to Sick Leave should be documented on an Employee Absence Form (see Forms Appendix). The form should be approved by the Department Head and forwarded to the Payroll Department for processing. Fire/EMS employees may document sick time usage on the employee timesheet. No employee is eligible to receive paid sick leave benefits until after six months of employment, unless approved by the Town Manager. An eligible employee may use sick leave for an injury, illness, serious health condition sustained by the employee or by a family member who resides in the employee's household, or for a health fitness impairment to include the birth of the employee's child. All regular full-time and regular part-time employees who are unable to report to work due to illness, non-job-related injury, serious health condition, or health fitness impairment to include the birth of the employee's child, and who desire to receive paid sick leave benefits must notify their supervisor before the start of each scheduled work day/shift or as soon thereafter as practical. Town of Westlake Personnel Manual—Revised August 28,2017 Page 56 of 72 A physician's statement is normally not required unless an employee is absent for more than three (3) consecutive work days (or one 24-hour shift for Fire/EMS personnel), working an intermittent schedule or a reduced schedule meeting FMLA criteria, or if a statement is not requested by the supervisor. When sick leave abuse is suspected, supervisors may require a physician's statement for any sick leave absence. The physician's statement should indicate the following: • Date the medical condition began and the probable duration; • Estimate of time the employee will be unable to perform work of any kind, or whether it is necessary to take intermittent leave or work a reduced schedule (part- time) and the duration of such schedules; • If the employee is needed to care for the family member residing in the employee's household and the duration of the leave. Sick leave benefits are calculated on the employee's base pay rate at the time of absence and will not include any special types of compensation. Any employee who requests sick leave pay while performing outside work for compensation shall be deemed to be in conflict with the intent of this benefit and the employee shall be subject to the loss of the paid sick leave time (in accordance with the Fair Labor Standards Act regarding the docking of pay for exempt employees) and subject to appropriate disciplinary action. Sick leave benefits shall not apply in incidents caused by willful misconduct, purposely self- inflicted, while on leave without pay, absence without leave, or result of other employment. Sick leave benefits for eligible employees shall accrue as follows: After 6 months of service 1 week 1-5 years service 2 weeks per year Over 5 years service 3 weeks per year Over 10 years of service 4 weeks per year Fire/EMS Personnel shall accrue sick leave at the following rates: After 6 months of service 3 shifts 1-5 years service 5 shifts per year Over 5 years service 7 shifts per year Over 10 years of service 10 shifts per year Maximum accrual totals shall be as follows: Fire/EMS Personnel on 24-hour shifts 60 shifts All other employees 60 days During the initial probationary/introductory period, exempt employees may be subject to a pay reduction for time not worked because sick leave accruals are not available. Reductions to pay will only be made for full workday absences, not for absences for a portion of the employee's regular workday. This reduction will not affect the employee's FLSA exempt status. Payment shall be made for accruals of unused earned sick leave upon retirement or death of the employee. Under this policy, retirement is defined as termination initiated by the employee who has fulfilled the age and years of service requirements under TMRS. Payment is contingent provided the employee has completed twelve (12) months of employment with Town of Westlake Personnel Manual—Revised August 28,2017 Page 57 of 72 the Town and has not been discharged as a result of criminal or civil misconduct involving Town property, personnel, or official position. Payment of unused sick leave in other circumstances is to be made only if approved in advance by the Town Manager. 8.03 Community Sick Leave Bank The purpose of the Town of Westlake Community Sick Leave Program is to provide additional sick leave days to employees in the event of catastrophic illness, surgery, or temporary disability due to an injury. Days may be requested only after the employee has exhausted all accumulated sick, vacation, and personal leave as well as any comp time banked by non- exempt employees. Should there be a catastrophic illness or injury of the member, or of a person in the member's immediate family (as defined in the policy), necessitating the need for additional days after all accumulated sick leave, personal, vacation and comp time days (if applicable) have been used, the member may submit a request for days to the Human Resources Department. Pregnancy and maternity leave will be covered by the Bank only in the event that a catastrophic illness or injury occurs due to complications. The Human Resources Department will solicit the donation of sick days from other Town employees. Days which have been donated by will then be made available to the employee. The identities all employees will remain confidential. The Community Sick Leave Policy document shall govern all procedures of the program and will be distributed to all employees upon hire. Copies of this policy are also available in the Human Resources Department. 8.04 Bereavement Leave The Town of Westlake may grant time off to eligible employees due to the death of an immediate family member. All regular full-time, part-time, and probationary/introductory employees may be granted up to three (3) working days off with pay per occurrence and not more than twice in one calendar year. Fire/EMS Personnel are eligible for up to one (1) shift off with pay per occurrence and not more than twice in one calendar year. Bereavement pay is calculated on the base pay rate at the time of the absence and does not include any special types of compensation. Approval of bereavement leave will occur unless there are unusual operating requirements. An employee may request to use vacation leave for additional time off as necessary. Immediate family shall include the employee's spouse, parents, brothers/sisters, children, grandparents, grandchildren, brothers/sisters-in-law, sons/daughters-in-law, spouse's parents, stepchildren, and any individual residing in the same household with the employee. Town of Westlake Personnel Manual—Revised August 28,2017 Page 58 of 72 8.05 Military Leave Leave of absence without pay will be granted to any employee who enters any branch of the United States Armed Forces. Benefit accruals for any employee serving on active duty longer than thirty (30) consecutive days will be calculated in accordance with applicable federal laws. Employees will be reinstated with full seniority to their former position or to a comparable position if application for re-employment is made within ninety (90) calendar days of the date of discharge or release from hospitalization following discharge. In accordance with Article 5765, Section 7 (a) VTCS, an employee engaged in authorized military training or duty will receive pay and benefits for up to fifteen days in any one (1) calendar year. A leave of absence for maternity reasons will be recorded and treated as any other medical leave. Pregnant employees will be expected to work as the physician indicates that the employee is capable of performing her job duties safely and satisfactorily. Maternity leave will be facilitated in accordance with the guidelines of FMLA. 8.06 Personal Leave In accordance with the guidelines set forth in this policy, the Town of Westlake may provide unpaid personal leave to regular full-time and regular part-time employees who wish to take time off from work duties to fulfill personal needs or obligations. The need for time off must exceed two (2) consecutive calendar weeks, and vacation accruals, compensatory time and personal holiday(s) pay must be exhausted prior to beginning a personal leave. If the need for personal leave is the result of the illness of an immediate family member as defined in the Sick Leave policy, a dependent, or due to the health fitness impairment of the employee, the above mentioned accruals must be exhausted in addition to sick leave hours prior to beginning a personal leave. Employee must submit a written request, which contains the start date and length, not to exceed one hundred eighty (180) calendar days, to the Town Manager. Requests for personal leave will be evaluated on a number of factors, which include operational requirements and staffing considerations during the proposed period of absence. An extension not to exceed one-hundred eighty (180) calendar days may be authorized by the Town Manager. 8.07 Witnessljury Duty Employees of the Town of Westlake will normally be granted paid time off for travel and jury duty or court testimony on behalf of the Town of Westlake. Employees will be paid their base rate while on court duty. Employees may use vacation or compensatory time to receive compensation for any portion of the absence that would otherwise be unpaid, such as personal business or interest. If the employee is serving as a witness for a job-related event, he or she will receive paid time off for the entire period of witness duty. Town of Westlake Personnel Manual—Revised August 28,2017 Page 59 of 72 The subpoena will be shown to the employee's supervisor immediately after it is received so that operating and schedule adjustments can be made to accommodate the absence. Employees will report back to work whenever the court schedule permits. 8.08 Paid leave for non-exempt employees Paid leave time for non-exempt(hourly)employees is designed as compensation for normally scheduled work hours missed. At no time will paid leave time (sick, vacation, bereavement, etc.) result in an employee being paid more than 40 hours per week. Example: If Jill works 36 hours from Monday through Thursday, and wishes to take a vacation day on Friday, she will still receive pay for 40 hours. 36 regular hours 4 vacation hours (deducted from vacation bank) 40 hours total By virtue of working some overtime during the first four days, Jill uses only 4 hours of vacation time on Friday instead of eight. The other 4 hours remain in her vacation back to use at a later time. Example: If Ralph works 30 hours from Monday through Wednesday, and needs bereavement pay for Thursday and Friday, he will still receive pay for 40 hours. 30 regular hours 10 bereavement hours 40 hours total As in the previous example, Ralph's paid leave replaces hours he would have normally worked. Section 9: Corrective Action, Appeals, and Grievances 9.01 Disciplinary Actions The following are examples of the various types of disciplinary actions that can be taken. The list is non-inclusive and is not mandatory. Verbal Counseling Best suited for a minor rule infraction or incident of substandard performance. Supervisor should explain exactly what the employee did wrong and why it is important that the behavior not be repeated. Written record of Verbal Counseling - Best suited for a minor rule infractions or incidents previously addressed by verbal counseling, or for matters that do just fully justify a written reprimand. Included in the written record of verbal counseling should be a statement of what violation(s) occurred, what changes in behavior are expected, and the potential disciplinary actions that may result for future infractions or substandard performance. Both the employee Town of Westlake Personnel Manual—Revised August 28,2017 Page 60 of 72 and the supervisor should sign the form. The original will be given to the employee, and a copy will be sent to Human Resources and placed in the employee's personnel file. Written Reprimand - The written reprimand is used as a formal warning of suspension or termination should the violation reoccur (see Forms Appendix). Included in the written reprimand should be a statement of what violation(s) occurred, what changes in behavior are expected, and the potential disciplinary actions that may result for future infractions or substandard performance. Both the employee and the supervisor should sign the form. The original will be given to the employee, and a copy will be sent to Human Resources and placed in the employee's personnel file. Denial of a Merit Increase - A Department Head may authorize denial of any scheduled merit increase as a disciplinary measure, providing the incident requires such extreme measures. The employee should be given written counseling or a performance evaluation explaining the reasons for the denial and outlining procedures for correction of the problem. The form should also include a date upon which the employee will be re-evaluated to determine if the employee will be retained as a Town employee. The time frame should not be less than thirty (30) days and not more than ninety (90) days. The Town Manager should be notified of this action. Suspension Without Pay- To ensure consistency throughout the Town in regard to Town policies, suspension recommendations shall be submitted to the Town Manager. An employee may be suspended without pay during the tenure of disciplinary action. Employees should be given a written notice of the reasons for the suspension, the seriousness of the offense, and informed that the alternatives upon return to work are either immediate improvement or termination. All suspensions shall be documented and signed by all parties involved: the employee, supervisor, and Department Head. Disciplinary Probation_ The purpose of this step is to allow the employee a stated period of time to demonstrate improvement on a specific problem(s) specified at the time the employee is placed on disciplinary probation. A statement of the problem, indication of necessary improvement, length of the probation period, and information concerning further disciplinary action that could result from failure to show improvement must be particularly emphasized. Disciplinary probation is not appropriate for newly hired employees still in the probationary/introductory period. Disciplinary probation shall not exceed one-hundred and eighty (180) calendar days in duration. No merit increases, transfers, or promotions will be authorized during a disciplinary probation period, and raises, transfers, or promotions will not be paid retroactive once the probationary period has ended. Once the probationary period has ended the employee will not be eligible for a merit increase until the next annual performance evaluation and an acceptable evaluation. Suspension During Civil or Criminal Proceedings_ During an investigation, hearing, or trial of an employee on any civil cause or criminal charge, the employee may be suspended either with or without pay for the duration of the proceedings whenever the suspension would be in the best interest of the Town. The suspension shall terminate either by resignation or dismissal of the employee, or by reinstatement with full recovery of all pay and other benefits lost during the period of suspension, or by other appropriate action. Town of Westlake Personnel Manual—Revised August 28,2017 Page 61 of 72 Demotion - A Department Head may demote an employee for disregarding or a violation of personnel rules or policies, or for repeated refusal or inability to improve performance. Demotions may be either permanent or for a predetermined specific period of time and may be used in conjunction with a disciplinary probation. Disciplinary demotions will be accompanied by a reduction in salary, if appropriate. Employees shall be given written notice of the reason(s)for, and duration of, the demotion; and in the case of a temporary demotion, the action required for the employee to be reinstated in his/her former position. Documentation will be signed and retained by both parties. Any demotion must be processed through Human Resources for final approval by the Town Manager. Dismissal Prior to termination, the Department Head initiating the termination should give an employee, who has completed his/her probation period, written notice of the reason(s) for termination. The written notice should state the reason(s) for the termination in sufficient detail. 9.02 Acts Constituting Disciplinary Action Disciplinary action may be taken against an employee for act(s) constituting unsatisfactory behavior or conduct relative to inadequate job performance and fitness for public employment. These acts include, but are not limited to the following: • Insubordination • Absence without leave, job abandonment, including failure to notify a supervisor of sick leave • Repeated tardiness or early departure • Endangering the safety of other persons through negligent or willful acts • Intoxication or drug abuse while on duty • Unauthorized use of public funds or property • Conviction of a felony • Falsification of documents or records • Unauthorized use of official information or unauthorized disclosure of confidential information • Conviction of official misconduct • Unauthorized or abusive use of official authority • Incompetence or neglect of duty • Engaging in outside employment that interferes with the performance of duties for the Town • Any other action that impairs the performance of others • Possession of an illegal or prohibited weapon on Town premises • Threatening/fighting with fellow employees • Fraudulent timekeeping • Gross safety rules/practices violations • Positive drug test • Theft • Unauthorized use of telephones, mail system, or other Town-owned equipment • Use of tobacco products • Sexual or other unlawful harassment • Violation of any of the provisions of this Handbook Town of Westlake Personnel Manual—Revised August 28,2017 Page 62 of 72 9.03 Employee Complaint and Grievance Policy In the interest of employee efficiency and morale, Town employees shall have the opportunity to discuss complaints and grievances with their employer after decisions are made which give rise to complaint or grievance. In order to ensure this opportunity, the following shall apply: PURPOSE - The purpose of this procedure shall be to settle matters on as low an administrative level as possible, as soon as possible after the applicable event, and to discover, whenever possible, mutually satisfactory solutions to problems which arise. COMPLAINT AND GRIEVANCE DEFINED -A "complaint" is an allegation that an employee's nonspecific employment conditions have been adversely affected. A "grievance" is an allegation that rights or benefits specifically provided by law, policy, personnel rule, or previous employer action (such as overtime pay, fringe benefit, or pay rate) has been denied or misapplied. PROBATIONARY AND TEMPORARY EMPLOYEES - Probationary and temporary employees may use this procedure, except in cases involving their performance evaluation or discharge. However, in cases where the employee considers performance evaluation or discharge to be improperly based upon the employee's age, sex, race, religion, national origin, or handicap condition, the employee shall have the right to such relief pursuant to (D) below. UNLAWFUL DISCRIMINATION COMPLAINT - Any employee who feels that he or she has been unlawfully discriminated against in matters relating to working conditions or other conditions of employment, solely because of the employee's age, sex, race, religion, national origin, or handicap condition shall have the right to file an equal employment opportunity (EEO) complaint directly with the Town Manager, as set out under the Town's EEO Discrimination Complaint Procedure. Procedure The following procedure shall be followed in the event an employee desires to present a complaint or grievance. A. TIMELY INITIATION OF - Complaints and grievances shall be filed promptly after complained of events occur. With the exception of EEO complaints, including complaints of sexual harassment, matters under this procedure must be presented to the employee's immediate supervisor within five (5) working days from the occurrence of the challenged action, or from the time the employee first became aware (or with the exercise of reasonable diligence should have become aware) of its occurrence, in order to be considered. B. PROCEDURAL STEPS - To be considered, the procedural steps listed below must be followed after the challenged action had occurred. 1. First Step: Oral Presentation. All complaints and grievances other than EEO complaints shall be initially presented orally to the employee's immediate supervisor. (EEO complaints are to be taken directly to the Town Manager.) In this first step, the complaint or grievance shall be thoroughly discussed by the parties in order that Town of Westlake Personnel Manual—Revised August 28,2017 Page 63 of 72 every effort can be made to resolve the matter to the mutual satisfaction of employee and supervisor. Should this informal first step be considered unsatisfactory, the employee shall have the right to then file a formal written complaint or grievance as set out in the second step to this procedure, in B 2 below. 2. Second Step: Written Presentation. If the oral presentation as provided for in the first step fails to resolve the matter, the employee shall have the right, within five (5) working days after the discussion with the immediate supervisor, to file a formal written complaint or grievance with the employee's department head. In presenting the written complaint or grievance the following information must be stated within reasonable clearness: • the nature of the matter • the act or acts of commission or omission out of which the dispute arose • the exact date (if uncertain, the approximate date) of the act or acts of commission or omission • the identity of the employee who claims to be harmed • the identity of the party or parties alleged to have caused the problem • the remedy which is sought. Within five (5) working days of receipt of the written complaint or grievance, the department head shall meet with the employee and the employee's immediate supervisor to discuss the matter. In the effort to resolve the matter, the complaint or grievance at this step shall be thoroughly discussed by all parties involved. The decision by the department head, whether reached during this discussion or afterward, shall be presented in writing to the employee within five (5) working days after the meeting. (i) Complaints Only: Complaints shall not be submitted to any further appeal under this procedure beyond this step. However, the written record of each complaint submitted under this procedure shall be submitted to the Town Manager for review. The Town Manager reserves the right to consider any complaint submitted. (ii) (ii) Grievance Matters Only. Should the decision of the department head be unsatisfactory to the aggrieved employee, the employee may, within five (5) working days after receipt of the decision, appeal the decision to the Town Manager as set out below. 3. Appeal to the Town Manager. Within ten (10) working days of the receipt of a request for a hearing under B 2 (ii) above, the Town Manager shall notify the aggrieved employee and the employee's department head as to whether or not the request shall be granted. Should the Town Manager decide not to hear the grievance on appeal, the decision of the department head shall be final. Should the Town Manager agree to hear the grievance on appeal, the Town Manager shall schedule a meeting with all parties to discuss the grievance. The decision of the Town Manager, whether reached during the meeting or afterward, shall be presented in writing to each of the involved parties within ten (10) working days of the meeting. At the sole discretion of the Town Manager, this time period may be extended, and notice of the extension is given to all parties. The decision of the Town Manager shall be final. Town of Westlake Personnel Manual—Revised August 28,2017 Page 64 of 72 C. COMPLAINT OR GRIEVANCE AGAINST DEPARTMENT HEAD - In the event that an employee's immediate supervisor is the employee's department head, the written complaint or grievance as set out in B 2 above may be presented directly to the Town Manager. D. FAILURE TO FOLLOW PROCEDURES - Failure of an employee to follow the procedures set out above, or failure to appear at a hearing, shall result in the loss of further appeal rights by the employee. Provided, however, that the time limits as specified under these procedures may be extended by mutual agreement of the complainant/aggrieved employee and the Town Manager. Section 10: Performance Evaluations 10.01 Performance Evaluations Performance evaluations permit the supervisor and the employee to discuss the job responsibilities, standards, performance requirements, and any existing or anticipated problems. Using a standardized performance evaluation instrument, all employees will be evaluated not less than once per year. Supervisors should conduct reviews on or around the employee's anniversary date. Employees may be evaluated more frequently at the discretion of the Department Head. 10.02 Purpose It is the intent of the Town of Westlake to conduct formal evaluations of each employee's job performance. Performance evaluation assists with the measurement of past performance over a specified time period. The objectives of the system include the recognition of employee accomplishments and good work, the strengthening of supervisor/employee relationships, the provision of information to employees as to their supervisor's expectations and judgment of work performance, the assessment of training needs, and the guidance of personnel actions with regard to pay increases, promotions, demotions, transfers, disciplinary actions, and layoffs. This policy applies to full-time regular employees only. 10.03 Pending Investigations If any employee is under investigation for alleged policy violations when he or she is due a performance review, the review and any subsequent increase may be delayed until the investigation is resolved. 10.04 Skill/Standards rating plans The Human Resource Department and/or Department Heads may determine that certain positions progress through an existing pay grade by successful demonstration of skill blocks. Town of Westlake Personnel Manual—Revised August 28,2017 Page 65 of 72 Reviews will be conducted on a schedule to be determined by the Department Heads to assess if an employee has successfully demonstrated mastery of the prescribed objectives. Pay increases will be linked directly to the completion of prescribed objectives and overall work performance. If an employee is deficient in one or more skill areas, he or she will not be eligible for an increase until he has demonstrated mastery of that area. If the employee receives an overall rating that does not meet standards, he or she will be placed on a Performance Improvement Plan. 10.05 Performance Evaluation Appeal Guidelines If you believe you have received an unfair or incorrect performance evaluation, you should first discuss the evaluation with your supervisor during the initial evaluation interview. You may make written comments on the evaluation form as to the reason the evaluation is unfair or incorrect. Your written comments shall become part of your personnel file. Remember that signing your evaluation does not indicate your agreement with the review, only that you have received it. If you remain dissatisfied with your evaluation and wish to initiate a formal complaint, you may do so in writing to the Town Manager. However, performance evaluations may not be appealed under the Town's Grievance Policy. All responses or remedies offered for written complaints will be at the sole discretion of the Town Manager. Section 11: Termination of Employment 11.01 Employment Termination Terminations occur within any organization and for a variety of reasons. The most common conditions under which employment is terminated are: resignation —termination initiated by the employee who chooses to leave the organization voluntarily; the employee should submit, sign, and date a letter of resignation providing two week notice of last date of employment; discharge—termination initiated by the employer; a disciplinary hearing must be scheduled for any regular full-time or benefited part-time employee prior to such action; layoff—termination initiated by the employer for non-disciplinary reasons; no hearing is required; medical —termination initiated by either party when medical reasons prevent the employee from completing the assigned tasks; retirement—termination initiated by the employee who has fulfilled the age and years of service requirements. Town of Westlake Personnel Manual—Revised August 28,2017 Page 66 of 72 The immediate supervisor will complete the Personnel Status Change Form and submit to the Human Resources Department. Town Manager or his designee will schedule and conduct an exit interview with the separating employee on the employee's last workday or other date as mutually agreed upon. Town Manager shall inform the Human Resources Department that final paycheck may be released to terminating employee after all property such as uniforms, keys, identification cards, purchasing cards, etc. have been returned to the Town. Employee benefits will be affected by termination. All vacation within the maximum allowable and pro-rata longevity is paid on the last paycheck. Continuation of health care coverage is afforded the terminating employee and any spouse or dependents at that individual's expense via COBRA. 11.02 Health Care Coverage Continuation Town of Westlake employees who are covered by the Town-sponsored health plan have the right to choose the continuation coverage if group health coverage is lost for reasons such as termination, retirement, or reduction in work hours. The spouse of a covered employee has the right to choose continuation coverage if the employee loses group health coverage for any of the following: • death of the employee; • employee's termination for reasons other than gross misconduct; • divorce or legal separation from employee; or, • employee becomes entitled to Medicare and coverage under the plan terminates. The dependent child of a covered employee has the right to choose continuation coverage under the plan if it is lost due to any of the following reasons: • death of a parent; • employee's termination for reasons other than gross misconduct; • parents' divorce or legal separation; • parent becomes entitled to Medicare and coverage under the plan terminates; or, • dependent ceases to be "dependent child" as defined under the plan. The employee or family member has the responsibility to inform the Town of Westlake within sixty (60) days of a divorce, legal separation, or if a child loses dependent status. The Town has the responsibility to notify the health insurance company within thirty (30) days of the employee's death, termination, retirement, reduction in hours, or entitlement to Medicare. When the Town is notified of an event that will result in a status change, it will notify the affected person within fourteen (14) days of the right to choose continuation coverage. Town of Westlake Personnel Manual—Revised August 28,2017 Page 67 of 72 The person has sixty (60) days from the date of the event to inform the Town that they want continuation coverage. If the person chooses continuation coverage, the Town is required to provide identical coverage to similarly situated employees or family members at the covered individual's expense. If an employee is terminated or loses coverage due to a reduction in hours, eligible persons will be afforded the opportunity for continued coverage for eighteen (18) months. In all other cases, dependents will be afforded coverage for thirty-six (36) months. An individual's continuation coverage may be cut short for any of the following reasons: • the Town no longer provides group health coverage; • the premium for continuation coverage is not paid on time; • the covered person becomes insured under another group health plan; or, the covered person is entitled to Medicare. The individual requesting continuation coverage does not have to show proof of insurability. The continuation of coverage for health care is not the same as nor does it include conditions for conversion of life, Accidental Death & Dismemberment, or weekly accident and illness insurance benefits. Insurance coverage and benefit accrual will be suspended during the leave period. Employee will be eligible for continued medical coverage under the COBRA federal regulations. When possible, employees will be returned to their former position. If their position is not available, they will be considered for available comparable positions for which they quality within their department. If no positions are available in their department, they will then be considered for available comparable positions for which they qualify in other departments. Employees returning to work after an absence of more than ten (10) consecutive work days/shifts due to their health fitness impairment shall undergo a drug screen and a physical assessment, if applicable, to ensure that the employee has fully recovered or that reasonable working restrictions are set out to prevent injury. Employees failing to make necessary arrangements to return to work on an agreed upon date prior to the expiration of their leave will be deemed to have resigned. 11.03 Exit Interviews Exit interviews shall be conducted with all terminating employees regardless of the reason for leaving Town employment, length of service, position, or circumstances of separation. The supervisor shall contact Human Resources as soon as an employee turns in a resignation or prior to terminating the employee to establish an exit interview in the Human Resources Department. An exit interview consists of providing information regarding termination of benefits, medical continuation options and costs, retirement for TMRS and optional retirement plans, and an interview regarding employment with the Town of Westlake and in the department(s) the employee worked. The interview information shall be shared with the Department Head, the supervisor, and the Town Manager as deemed necessary. Town of Westlake Personnel Manual—Revised August 28,2017 Page 68 of 72 11.04 Reduction in Work Force The Town of Westlake may be forced to layoff employees due to changes in duties of the organization, lack of work, or lack of funds. When possible, an affected employee will be transferred to a suitable position elsewhere within the organization. In the event a regular full- time employee's job is eliminated through no fault of his or her own, he or she will receive the equivalent of one week's pay for each completed year of service with the Town of Westlake. The Town is required to deduct such items as TMRS, Medicare and Federal Income Tax from this severance paycheck. Eligible employees will be afforded the opportunity for continued insurance coverage at their own expense under COBRA. 11.05 Reinstatement In an effort to encourage long-range development and training of it employees, the Town of Westlake provides for reinstatement to vacancies which occur within six (6) months from the date when an employee was laid off due to reduction in work force. The person who separated may be reinstated to the same or similar position provided that the person meets the qualifications. Any employee who is reinstated and has satisfactorily completed his or her six (6) month probationary/introductory period shall be eligible for restoration of accrued sick leave and reconnection of original employment date for the calculation of vacation rates. A person who was a former employee and is rehired under other than one of these provisions or those provided by law shall be classified as a new employee and treated accordingly. Town of Westlake Personnel Manual—Revised August 28,2017 Page 69 of 72 GLOSSARY OF TERMS The words and terms used in these policies shall have the meaning indicated as follows unless the context clearly indicates otherwise. Absence or Absent— Not present during scheduled working hours (including scheduled overtime). Address—The street and number of a residence and the post office box mailing address, if applicable. Anniversary Date—The month and day at which one (1)year or additional year of employment with the Town is attained by an employee. Applicant—A person who has applied for employment with the Town or an employee who has applied for a different position within the Town. Bank—To "bank"a holiday is to save it for later use. Business Day- Due to a variation in work schedules, business day is defined as Monday through Friday, 8:00 a.m. to 5:00 p.m.; official Town holidays do not count towards the number of days allowed. Children— Includes whole, half, step, foster, and adopted relationships. Classification—All jobs, regardless of departmental location, that is sufficiently alike in duties and responsibilities to: 1. Be called by the same descriptive title; 2. Be accorded the same pay scale under like conditions; and 3. Require substantially the same education, experience and skills. Compensatory Time—Time off in lieu of monetary overtime compensation. Date of Hire—The first day an employee begins any employment with the Town in a temporary, part-time, or full-time capacity. Demotion—An assignment of an employee from a position in one classification to a position in another classification having a lower salary and/or less job responsibilities. Department—A major functional unit of Town government established as an administrative department by the Town, i.e. Public Safety, Finance, Public Works, etc. Department Head—A person appointed by the Town Manager who is responsible for the administration of a department of the Town and/or his or her designated representative. Equal Employment Opportunity(EEO)—Discrimination against any person in recruitment, examination, appointment, training, promotion, retention, discipline, or in any other aspect of personnel administration is prohibited because of race, color, sex, national origin, religious opinions or affiliations, age, and/or disability. Employee—Any person employed and paid a salary or wages by the Town, including a person employed on a temporary or part-time basis, not including an independent contractor or member of the Town Council or other Town Board. Town of Westlake Personnel Manual—Revised August 28,2017 Page 70 of 72 Ethics—The discipline dealing with what is good and bad, right or wrong, or with moral duty and obligation. Exempt Employee—Any employee who occupies an executive, administrative, professional, or certain seasonal positions, as defined by the Fair Labor Standards Act(FLSA) and state law who is exempt from overtime pay requirements. Fair Labor Standards Act (FLSA—A federal law, enacted by the United States Congress, which sets minimum wage, overtime pay, equal pay, record keeping, and child labor standards for employees who are covered by the Act and are not exempt from specific provisions. Hours Worked— In general, all time that an employee is required to be on duty and all time during which the employee is working "on-the-job"for the Town. Human Resources Director— For the purpose of this policy shall mean Director of Human Resources or his or her designated representative. Immediate Family— Spouse, son, daughter, father, mother, father-in-law, mother-in-law, brother, sister, grandfather, grandmother, grandchildren, or any other relative of an employee who may be residing in the same household with the employee. Independent Contractor—A private employer or an individual who has contracted to perform a service for the Town. Job-A collection of tasks, duties and responsibilities regularly assigned to and performed by an individual, or individuals when the magnitude of the job is such that one person cannot perform it. The term "position" is synonymous with "job"when one person can perform it. Layoff—A separation of service from the Town because of a shortage of funds or materials, abolition of a position, or other reasons necessary for the proper administration of the affairs of the Town as determined by the Town Manager, and not reflecting discredit upon the employee. Nepotism— Family relationships to the second degree by affinity (marriage) and third degree by consanguinity(blood). Nonexempt—Any employees who do not occupy an executive, administrative or professional position, as defined by FLSA and are eligible for overtime at time and one-half for work over forty hours in one week. Occupational Safety&Health Administration U.S. Department of Labor(OSHA) Old Age Survivor Disability Insurance (OASDI)—Another term for FICA Overtime—Any authorized time worked by a nonexempt employee who exceeds forty hours in one (1)week. The rate of pay is time and one-half for hours over 40 hours in one week. Part-time Employee—A part-time employee works less than 32 hours in one (1)week. Probation—A period of time an employee is required to work in a position before the employee acquires regular employee status and becomes eligible for benefits. Promotion—An assignment of an employee from a position in one classification to a position in another classification having a higher salary and/or increased job responsibilities. Town of Westlake Personnel Manual—Revised August 28,2017 Page 71 of 72 Regular Employee—Any employee working full-time who has satisfactorily completed his or her probationary/introductory period and is not appointed as a temporary employee. Supervisor—Any person responsible for directing the work of others. Suspension—An involuntary discontinuance of performance and pay for a specified period of time. Temporary Employee—Any employee appointed or hired for any of the following: 1. An assignment or job scheduled to last less than seven (7) months; 2. A cooperative work-study program with an educational institution; 3. A seasonal position, in an assignment that does not last for more than seven (7) months; 4. A position that, by Town policy and practice, is intended as a trainee position as provided under the FLSA. Termination—Cessation of employment with the Town. Town—Town of Westlake, Texas. Town Manager—The designated chief executive officer responsible to the Town Council for the administration of all the affairs of the Town, including the appointment, and when necessary for the welfare of the Town, or removal of any employee of the Town. Transfer—A change from one position to another that does not result in a promotion or a demotion. Volunteer—A person who voluntarily performs services for the Town without compensation. Work Day—Any day in which a department is open for business or on which an employee is scheduled to work. Work Day Shift—Shift or shift hours to be established by the Department Head. Work Time—All time on the premises other than before and after work hours, at meal periods, or at break times. Workplace—Any portion of a building, vehicle, or other place where an employee performs a task on behalf of the Town of Westlake. Town of Westlake Personnel Manual—Revised August 28,2017 Page 72 of 72